issue date: august 10, 2012 16 • page 1134

IN THIS ISSUE

Governor

Judiciary

Regulations

Errata

Special Documents

General Notices

Volume 39 • Issue 16 • Pages 1027—1134

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before July 23, 2012, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of July 23, 2012.

Brian Morris Acting Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: August 10, 2012

Information About the Maryland Register and COMAR

MARYLAND REGISTER

The Maryland Register is an official State publication published

every other week throughout the year. A cumulative index is

published quarterly.

The Maryland Register is the temporary supplement to the Code of

Maryland Regulations. Any change to the text of regulations

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

emergency action, must first be published in the Register.

The following information is also published regularly in the

Register:

• Governor‘s Executive Orders

• Attorney General‘s Opinions in full text

• Open Meetings Compliance Board Opinions in full text

• State Ethics Commission Opinions in full text

• Court Rules

• District Court Administrative Memoranda

• Courts of Appeal Hearing Calendars

• Agency Hearing and Meeting Notices

• Synopses of Bills Introduced and Enacted by the General

Assembly

• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

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

date. Example:

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

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

1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMAR is the official compilation of all regulations issued by

agencies of the State of Maryland. The Maryland Register is

COMAR‘s temporary supplement, printing all changes to regulations

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

regulations printed in the Maryland Register are incorporated into

COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

COMAR regulations are cited by title number, subtitle number,

chapter number, and regulation number. Example: COMAR

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

DOCUMENTS INCORPORATED BY REFERENCE

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

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

incorporated document does not appear in COMAR, the provisions of

the incorporated document are as fully enforceable as any other

COMAR regulation. Each regulation that proposes to incorporate a

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

The Cumulative Table of COMAR Regulations Adopted, Amended

or Repealed, found online, also identifies each regulation

incorporating a document. Documents incorporated by reference are

available for inspection in various depository libraries located

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

depositories are listed in the first issue of the Maryland Register

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

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives

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

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

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

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

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

the Maryland Register in which the change occurred. The Maryland

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

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

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

SUBSCRIPTION INFORMATION

For subscription forms for the Maryland Register and COMAR, see

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

Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN

THE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons may participate in

the process by which administrative regulations are adopted,

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

validity and applicability of regulations is determined. Listed below

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

are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally

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

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

Proposed Action on Regulations section of the Maryland Register).

(See SG, §10-112)

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

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

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

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

applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

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

interferes with or impairs the legal rights or privileges of the

petitioner. (SG, §10-125)

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

Division of State Documents for publication in the Maryland

Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland

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

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

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

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

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

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

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

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

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

Illustrations by Carolyn Anderson, Dept. of General Services

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

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buyer agrees that the purchase is for individual use only and will not sell the product to another individual or entity.

Contents 1029

MARYLAND REGISTER, VOLUME 39, ISSUE 16, FRIDAY, AUGUST 10, 2012

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

Maryland Register .................................................................. 1031

COMAR Research Aids Table of Pending Proposals ........................................................ 1032

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

05 Department of Housing and Community Development ...... 1084

07 Department of Human Resources ................................... 1079

08 Department of Natural Resources ................................... 1079

09 Department of Labor, Licensing, and

Regulation ................................................ 1080, 1083, 1086

10 Department of Health and Mental

Hygiene .................................................... 1080, 1083, 1087

12 Department of Public Safety and Correctional

Services .............................................................. 1081, 1100

13A State Board of Education ................................................ 1081

14 Independent Agencies ................................. 1081, 1083, 1104

15 Department of Agriculture .................................... 1081, 1106

19A State Ethics Commission ................................................ 1111

26 Department of the Environment ...................................... 1118

33 State Board of Elections .................................................. 1127

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

publications and services of the Division of State Documents are

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

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

The Governor

EXECUTIVE ORDER 01.01.2012.15 ................................. 1035

The Judiciary

COURT OF APPEALS OF MARYLAND STANDING COMMITTEE ON RULES OF PRACTICE

AND PROCEDURE Notice of Proposed Rules Changes .............................. 1036

SCHEDULE .................................................................... 1075 COURT OF SPECIAL APPEALS

SCHEDULE FOR SEPTEMBER 4, 5, 6, 7, 10, 11, 12, 13,

14, 17, 18, 2012 ............................................................ 1076

Final Action on Regulations

07 DEPARTMENT OF HUMAN RESOURCES SOCIAL SERVICES ADMINISTRATION

Social Services to Adults ................................................. 1079 08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE General............................................................................. 1079 Seafood Marketing ........................................................... 1079

BOATING — SPEED LIMITS AND OPERATION OF

VESSELS Personal Watercraft.......................................................... 1079

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION HOME IMPROVEMENT COMMISSION

General Regulations ......................................................... 1080

RACING COMMISSION Thoroughbred Rules ........................................................ 1080

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE LABORATORIES

Medical Laboratories — Testing for Hereditary and

Congenital Disorders in Newborn Infants .................... 1080 CANCER CONTROL

Reimbursement for Breast and Cervical Cancer Diagnosis

and Treatment ............................................................... 1080 12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES CORRECTIONAL TRAINING COMMISSION

General Regulations ........................................................ 1081 Firearms Training ............................................................ 1081 Electronic Control Device Training and Instructor

Certification .................................................................. 1081 Instructor Training and Certification ............................... 1081

13A STATE BOARD OF EDUCATION GENERAL INSTRUCTIONAL PROGRAMS

Universal Design for Learning ........................................ 1081 14 INDEPENDENT AGENCIES

WORKERS' COMPENSATION COMMISSION Procedural Regulations .................................................... 1081

15 DEPARTMENT OF AGRICULTURE ANIMAL HEALTH

Eradication of Hog Cholera ............................................. 1081 Eradication of Sheep Scabies in Maryland ...................... 1082

Withdrawal of Regulations


REGULATION OFFICE OF CEMETERY OVERSIGHT

Crematories — Definitions .............................................. 1083 Crematories — Permit and Registration Process and

Fees .............................................................................. 1083 Crematories — Inspections, Complaints, and

Discipline ..................................................................... 1083 Crematories — Cremation Procedures ............................ 1083 Crematories — Code of Ethics ........................................ 1083

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE BOARD OF MORTICIANS AND FUNERAL DIRECTORS

Hearing Procedures ......................................................... 1083 Crematories — Definitions .............................................. 1083 Crematories ― Permit, Licensing, and Fees ................... 1083 Crematories — Inspections, Complaints, Investigations,

Grounds for Discipline, and Penalties .......................... 1083 Crematories ― Cremation Procedures ............................ 1083 Crematories ― Code of Ethics ........................................ 1083

14 INDEPENDENT AGENCIES WORKERS‘ COMPENSATION COMMISSION

Procedural Regulations .................................................... 1083

Proposed Action on Regulations

05 DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT BUILDING CODES AND MATERIALS

Maryland Building Performance Standards ..................... 1084 09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION REAL ESTATE COMMISSION

General Regulations ........................................................ 1086

Contents 1030


10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE PROCEDURES

Medical Orders for Life-Sustaining Treatment (MOLST)

Form — Procedures and Requirements ........................ 1087 MEDICAL CARE PROGRAMS

TCA Substance Abuse Services ....................................... 1089 Case Management for Children Diverted/Returned from

Out-of-State Residential Treatment Facilities ............... 1090 BOARD OF ACUPUNCTURE

General Regulations ......................................................... 1090 BOARD OF PHYSICIANS

Licensure of Athletic Trainers ......................................... 1091 12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES POLICE TRAINING COMMISSION

Police Auxiliary and Reserve Volunteer Program ........... 1100 14 INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY General Regulations ......................................................... 1104 Criminal Offenses and Seriousness Categories ................ 1104

15 DEPARTMENT OF AGRICULTURE BOARD OF VETERINARY MEDICAL EXAMINERS

Standards of Practice and Code of Ethics for the Practice of

Veterinary Medicine in the State .................................. 1106 Board Hearings ................................................................ 1106 Minimum Standards for Mobile Veterinary Clinics......... 1106 Civil Penalty Standards for Veterinarians ........................ 1106 Qualifications for Examination and Registration of a

Veterinary Technician................................................... 1106 Minimum Standards for a Limited Use Veterinary

Hospital ......................................................................... 1106 19A STATE ETHICS COMMISSION

CONFLICTS OF INTEREST Exception to Outside Employment Prohibition ............... 1111 Exception to Financial Interest Prohibition ...................... 1111 Exception to Participation Restriction ............................. 1114

FINANCIAL DISCLOSURE Disclosure Required by Members of Boards and

Commissions ................................................................ 1115 Disclosure by Public Officials, State Officials, and Candidates

to Be State Officials ...................................................... 1115 LOBBYING

General ............................................................................ 1117 26 DEPARTMENT OF THE ENVIRONMENT

AIR QUALITY Permits, Approvals, and Registration .............................. 1118 Control of Incinerators ..................................................... 1119 Control of Fuel-Burning Equipment, Stationary Internal

Combustion Engines, and Certain Fuel-Burning

Installations ................................................................... 1120 Control of Emissions from Kraft Pulp Mills .................... 1120 Control of Fuel-Burning Equipment, Stationary Internal

Combustion Engines, and Certain Fuel-Burning

Installations ................................................................... 1122 Control of Portland Cement Manufacturing Plants .......... 1122 Control of NOx Emissions from Natural Gas Pipeline

Compression Stations ................................................... 1124 RADIATION MANAGEMENT

Radiation Protection ........................................................ 1126 33 STATE BOARD OF ELECTIONS

INSPECTION AND COPYING OF PUBLIC RECORDS Confidentiality of Certain Information ............................ 1127

CAMPAIGN FINANCING Campaign Finance Report ............................................... 1127

Errata

COMAR 10.10.13 ............................................................... 1129

Special Documents

DEPARTMENT OF THE ENVIRONEMNT SUSQUEHANNA RIVER BASIN COMMISSION

Public Hearing ............................................................. 1130 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

REQUEST FOR COMMENT ON REGULATIONS FOR

MINORS USING TANNING DEVICES .................... 1131

General Notices

BOARD OF ARCHITECTS Public Meeting ................................................................ 1133

ATHLETIC COMMISSION Public Meeting ................................................................ 1133

CHESAPEAKE BAY TRUST Public Meeting ................................................................ 1133

BOARD FOR THE CERTIFICATION OF RESIDENTIAL

CHILD CARE PROGRAM ADMINISTRATORS Public Meeting ................................................................ 1133

BOARD OF MASTER ELECTRICIANS Public Meeting ................................................................ 1133

BOARD OF ENVIRONMENTAL SANITARIANS Public Meeting ................................................................ 1133

FIRE PREVENTION COMMISSION Public Meeting ................................................................ 1133

DEPARTMENT OF HEALTH AND MENTAL

HYGIENE/LABORATORIES ADMINISTRATION Public Meeting ................................................................ 1133

BOARD OF HEATING, VENTILATION, AIR-

CONDITIONING, AND REFRIGERATION

CONTRACTORS (HVACR) Public Meeting ................................................................ 1133

MARYLAND INSURANCE ADMINISTRATION Public Meeting ................................................................ 1133 Public Meeting ................................................................ 1133

MARYLAND STATE LOTTERY COMMISSION Public Meeting ................................................................ 1133

MARYLAND HEALTH CARE COMMISSION Public Meeting ................................................................ 1133

MINORITY BUSINESS ENTERPRISE ADVISORY

COMMITTEE Public Meeting ................................................................ 1134

RACING COMMISSION Public Meeting ................................................................ 1134

RETIREMENT AND PENSION SYSTEM — BOARD OF

TRUSTEES Public Meeting ................................................................ 1134 Public Meeting ................................................................ 1134

WORKERS‘ COMPENSATION COMMISSION Public Meeting on Regulations ....................................... 1134

Contents 1031


COMAR Online The Code of Maryland Regulations is available at

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

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

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

the printed COMAR continues to be the only official and

enforceable version of COMAR.

The Maryland Register is also available at

www.dsd.state.md.us.

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

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

(800) 633-9657.

Availability of Monthly List of

Maryland Documents The Maryland Department of Legislative Services

receives copies of all publications issued by State officers and

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

list of these publications under the title ‗‗Maryland

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

bibliographic information concerning regular and special

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

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

includes local publications.

Anyone wishing to receive ‗‗Maryland Documents‘‘

should write to: Legislative Sales, Maryland Department of

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

CLOSING DATES AND ISSUE DATES

through JANUARY 25, 2013

Issue

Date

Emergency

and Proposed

Regulations

5:00 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

August 24 August 6 August 15 August 13

September 7 August 20 August 29 August 27

September 21** August 30 September 12 September 10

October 5 September 17 September 26 September 24

October 19** October 1 October 10 October 5

November 2 October 15 October 24 October 22

November 16 October 29 November 7 November 5

November 30** November 9 November 16 November 15

December 14 November 26 December 5 December 3

December 28** December 10 December 17 December 14

January 11** December 20 January 2 December 27

January 25 January 7 January 16 January 14

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

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

week before date shown

NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES

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

REVISED PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes

The regular closing date for Proposals and Emergencies is

Monday.

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

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

1032


Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed

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

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

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

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

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

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

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

03 COMPTROLLER OF THE TREASURY

03.06.01.43 • 38:23 Md. R. 1425 (11-4-11)

03.06.01.44 • 38:13 Md. R. 758 (6-17-11)

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

05 DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

05.02.03.01—.12 • 39:13 Md. R. 788 (6-29-12) (ibr)

05.02.07.03—.05 • 39:16 Md. R. 1084 (8-10-12) (ibr)

07 DEPARTMENT OF HUMAN RESOURCES

07.02.14.01—.10 • 39:6 Md. R. 413 (3-23-12)

07.03.03.19 • 39:6 Md. R. 416 (3-23-12)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.01.01 • 39:13 Md. R. 790 (6-29-12) (ibr)

08.02.04.09,.12 • 39:15 Md. R. 966 (7-27-12)

08.02.04.17 • 39:15 Md. R. 974 (7-27-12) (ibr)

08.02.05.20 • 39:13 Md. R. 790 (6-29-12)

08.02.10.01 • 39:15 Md. R. 975 (7-27-12)

08.18.02 • 39:14 Md. R. 850 (7-13-12) (err)

08.18.08.01 • 39:14 Md. R. 840 (7-13-12)


REGULATION

09.03.12.01—12 • 38:21 Md. R. 1289 (10-7-11)

09.10.03.01 • 39:14 Md. R. 841 (7-13-12)

09.10.03.01,.04,.08 • 38:25 Md. R. 1600 (12-2-11)

09.11.01.27 • 39:16 Md. R. 1086 (8-10-12)

09.12.28.01—.07 • 39:13 Md. R. 791 (6-29-12) (ibr)

09.12.45.01—.07 • 39:10 Md. R. 664 (5-18-12)

09.12.61.01—.05 • 39:10 Md. R. 664 (5-18-12)

09.19.05.01 • 39:13 Md. R. 798 (6-29-12) (ibr)

09.20.01.03 • 39:1 Md. R. 26 (1-13-12)

39:13 Md. R. 798 (6-29-12)

09.20.02.10 • 39:14 Md. R. 841 (7-13-12)

09.20.04.01,.02 • 37:4 Md. R. 346 (2-12-10)

38:3 Md. R. 176 (1-28-11)

09.32.01.18-1 • 39:1 Md. R. 27 (1-13-12)

09.32.01.18-3 • 39:1 Md. R. 28 (1-13-12)

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitles 01 — 08 (1st Volume)

10.01.17.02 • 39:11 Md. R. 700 (6-1-12)

10.01.21.01—.07 • 39:16 Md. R. 1087 (8-10-12)

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

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

10.07.05.12 • 39:11 Md. R. 701 (6-1-12)

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

10.09.33.01—.12 • 39:16 Md. R. 1089 (8-10-12)

10.09.49.01—.13 • 39:16 Md. R. 1090 (8-10-12)

10.09.82.01—.10 • 39:12 Md. R. 750 (6-15-12)

Subtitles 10 — 22 (3rd Volume)

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

10.11.07.01—.03 • 39:14 Md. R. 842 (7-13-12)

10.15.05.22,.35 • 39:13 Md. R. 799 (6-29-12)

10.15.06.03 • 39:13 Md. R. 800 (6-29-12) (ibr)

Subtitles 23 — 36 (4th Volume)

10.24.11.01 • 39:15 Md. R. 980 (7-27-12) (ibr)

10.26.02.07 • 39:16 Md. R. 1090 (8-10-12)

10.27.27.01—.08 • 39:14 Md. R. 843 (7-13-12)

10.28.02.05 • 39:15 Md. R. 980 (7-27-12)

10.28.17.01—.06 • 39:9 Md. R. 618 (5-4-12)

10.32.02.02—.16 • 39:11 Md. R. 702 (6-1-12)

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

PENDING PROPOSALS

1033


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

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

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

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

Subtitles 37—59 (5th Volume)

10.38.10.01—.07 • 38:23 Md. R. 1436 (11-4-11)

10.40.02.02,.03 • 39:15 Md. R. 998 (7-27-12)

10.40.03.02 • 39:15 Md. R. 998 (7-27-12)

10.41.03.03 • 39:13 Md. R. 801 (6-29-12)

10.47.07.01—.08 • 39:13 Md. R. 801 (6-29-12)

10.54.02.18 • 39:15 Md. R. 999 (7-27-12)

11 DEPARTMENT OF TRANSPORTATION

Subtitles 11—22 (MVA)

11.11.02.02,.04,.06,.07,.10,.13 • 39:15 Md. R. 1000 (7-27-12)

11.11.05.06 • 39:15 Md. R. 1000 (7-27-12)

11.11.07.01—.03 • 39:15 Md. R. 1000 (7-27-12)

11.11.09.01—.08 • 39:15 Md. R. 1000 (7-27-12)

11.12.01.19,.24 • 39:15 Md. R. 1003 (7-27-12)

11.15.12.01—.06 • 39:15 Md. R. 1004 (7-27-12)

11.15.13.01,.02 • 39:15 Md. R. 1005 (7-27-12)

11.15.25.01—.03 • 39:15 Md. R. 1003 (7-27-12)

11.17.09.05 • 39:12 Md. R. 752 (6-15-12)

11.17.10.01—.05 • 39:15 Md. R. 1000 (7-27-12)

12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES

12.04.01.09 • 39:15 Md. R. 1007 (7-27-12)

12.04.01.12 • 39:12 Md. R. 752 (6-15-12)

12.04.07.01—.11 • 39:16 Md. R. 1100 (8-10-12)

12.12.30.02—.09,.12,.13,.15—27,.30—.37,

.39 • 38:24 Md. R. 1518 (11-18-11)

38:27 Md. R. 1786 (12-30-11) (err)

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

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

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

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

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

13A STATE BOARD OF EDUCATION

13A.05.09.02 • 38:23 Md. R. 1459 (11-4-11)

39:13 Md. R. 806 (6-29-12)

13A.12.03.02 • 39:9 Md. R. 621 (5-4-12)

13B MARYLAND HIGHER EDUCATION COMMISSION

13B.02.04.05 • 39:14 Md. R. 845 (7-13-12)

14 INDEPENDENT AGENCIES

14.01.02.11 • 39:13 Md. R. 807 (6-29-12)

14.09.01.07 • 39:15 Md. R. 1007 (7-27-12)

14.22.01.07,.10 • 39:16 Md. R. 1104 (8-10-12)

14.22.02.02 • 39:16 Md. R. 1104 (8-10-12)

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

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

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

15 DEPARTMENT OF AGRICULTURE

15.13.01.01—.13 • 39:12 Md. R. 753 (6-15-12)

15.13.02.01—.06 • 39:12 Md. R. 753 (6-15-12)

15.13.03.01—.06 • 39:12 Md. R. 753 (6-15-12)

15.14.01.03,.05,.10 • 39:16 Md. R. 1106 (8-10-12)

15.14.02.01—.10 • 39:16 Md. R. 1106 (8-10-12)

15.14.07.05,.07 • 39:16 Md. R. 1106 (8-10-12)

15.14.11.04 • 39:16 Md. R. 1106 (8-10-12)

15.14.13.02,.03,.11,.13 • 39:16 Md. R. 1106 (8-10-12)

15.14.14.04 • 39:16 Md. R. 1106 (8-10-12)

15.20.07.02 • 39:13 Md. R. 808 (6-29-12) (ibr)

19A STATE ETHICS COMMISSION

19A.02.01.01—.04 • 39:16 Md. R. 1111 (8-10-12)

19A.02.02.01—.05 • 39:16 Md. R. 1111 (8-10-12)

19A.02.03.01,.02 • 39:16 Md. R. 1114 (8-10-12)

19A.03.01.01—.04 • 39:16 Md. R. 1115 (8-10-12)

19A.03.03.01 • 39:16 Md. R. 1115 (8-10-12)

19A.07.01.07 • 39:16 Md. R. 1117 (8-10-12)

21 STATE PROCUREMENT REGULATIONS

21.01.02.01 • 39:11 Md. R. 719 (6-1-12)

21.02.01.04 • 39:11 Md. R. 719 (6-1-12)

21.02.05.04 • 39:11 Md. R. 719 (6-1-12)

21.11.11.05 • 39:12 Md. R. 753 (6-15-12)

21.11.12.01—.09 • 38:20 Md. R. 1249 (9-23-11)

22 STATE RETIREMENT AND PENSION SYSTEM

22.01.06.03,.04 • 39:14 Md. R. 845 (7-13-12)

22.01.12.01—.03 • 39:14 Md. R. 846 (7-13-12)

22.06.01.02—.10 • 39:15 Md. R. 1008 (7-27-12)

22.06.02.01—.08 • 39:15 Md. R. 1008 (7-27-12)

22.06.03.01—.03 • 39:15 Md. R. 1008 (7-27-12)

22.06.04.01—.04 • 39:15 Md. R. 1008 (7-27-12)

22.06.05.01—.06 • 39:15 Md. R. 1008 (7-27-12)

22.06.06.02 • 39:15 Md. R. 1008 (7-27-12)

22.06.07.01—.10 • 39:15 Md. R. 1008 (7-27-12)

24 DEPARTMENT OF BUSINESS AND ECONOMIC

DEVELOPMENT

24.05.03.01—.15 • 39:6 Md. R. 448 (3-23-12)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 01—07 (Part 1)

26.04.02.01,.04—.12 • 39:11 Md. R. 720 (6-1-12)

Subtitles 08—12 (Part 2)

26.11.02.09 • 39:16 Md. R. 1118 (8-10-12)

26.11.04.03—.09 • 39:12 Md. R. 754 (6-15-12)

26.11.08.08-2 • 39:16 Md. R. 1119 (8-10-12)

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

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

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

26.11.19.27-1 • 39:12 Md. R. 756 (6-15-12)

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

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

26.12.01.01 • 39:16 Md. R. 1126 (8-10-12) (ibr)

PENDING PROPOSALS

1034


27 CRITICAL AREA COMMISSION FOR THE

CHESAPEAKE AND ATLANTIC COASTAL BAYS

27.01.01.01 • 39:13 Md. R. 810 (6-29-12)

27.01.02.03—.05,.08 • 39:13 Md. R. 810 (6-29-12)

27.01.03.05,.07 • 39:13 Md. R. 810 (6-29-12)

27.01.06.02,.03 • 39:13 Md. R. 810 (6-29-12)

27.01.07.03 • 39:13 Md. R. 810 (6-29-12)

27.01.09.01,.01-8 • 39:13 Md. R. 810 (6-29-12)

27.02.01.01 • 39:13 Md. R. 810 (6-29-12)

27.03.01.01 • 39:13 Md. R. 810 (6-29-12)

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL

SERVICES SYSTEMS (MIEMSS)

30.01.02.01 • 39:14 Md. R. 847 (7-13-12) (ibr)

31 MARYLAND INSURANCE ADMINISTRATION

31.04.14.03 • 39:15 Md. R. 1019 (7-27-12)

31.10.01.01—.03 • 38:24 Md. R. 1548 (11-18-11)

39:13 Md. R. 815 (6-29-12)

31.12.08.04 • 38:17 Md. R. 1039 (8-12-11)

31.12.08.04,.06 • 39:2 Md. R. 223 (1-27-12)

31.15.08.01,.02 • 39:15 Md. R. 1020 (7-27-12)

33 STATE BOARD OF ELECTIONS

33.04.02.01 • 39:16 Md. R. 1127 (8-10-12)

33.08.01.01,.10 • 39:14 Md. R. 847 (7-13-12)

33.08.05.01—.06 • 39:14 Md. R. 847 (7-13-12)

33.10.02.38 • 39:14 Md. R. 847 (7-13-12)

33.10.11.38 • 39:14 Md. R. 847 (7-13-12)

33.13.02.02 • 39:16 Md. R. 1127 (8-10-12)

1035


The Governor

EXECUTIVE ORDER 01.01.2012.15 Improving the Resiliency of Maryland’s Electric

Distribution System

WHEREAS, The State of Maryland has experienced numerous

severe weather events in the past several years, including, but not

limited to, hurricanes, blizzards, and derechos, all of which have

caused prolonged electricity outages;

WHEREAS, These repeated and lengthy outages pose a significant

threat to public health and safety, can lead to the loss of lives of

Maryland residents, and are costly to the State‘s citizens, businesses,

and governments through economic losses, lost business, and a

decreased quality of life;

WHEREAS, As a result of climate change, the State of Maryland

may continue to suffer violent weather patterns in the months and

years ahead;

WHEREAS, Improvements to Maryland‘s electric distribution

infrastructure have the potential to strengthen the grid and improve its

resiliency; and

WHEREAS, The State of Maryland should solicit input and analysis

from a variety of experts across the State and across the nation in

order to develop policy recommendations, including proposed

legislation, regulatory reforms, or other policy changes.

NOW THEREFORE, I, MARTIN O‘MALLEY, GOVERNOR OF

THE STATE OF MARYLAND, BY VIRTUE OF THE

AUTHORITY VESTED IN ME BY THE CONSTITUTION AND

LAWS OF MARYLAND, HEREBY PROCLAIM THE

FOLLOWING EXECUTIVE ORDER, EFFECTIVE

IMMEDIATELY:

A. The Governor‘s Energy Advisor, in collaboration with the

Maryland Energy Administration, the Power Plant Research

Program, the Maryland Emergency Management Administration, and

the staff of the Maryland Public Service Commission, shall solicit

input and recommendations from experts regarding the following

issues:

(1) The effectiveness and feasibility of undergrounding supply

and distribution lines in selected areas as a means to strengthen the

grid and improve the resiliency of Maryland‘s electric distribution

system;

(2) Options for other infrastructure investments in the electric

distribution infrastructure that can or should be made in order to

strengthen the grid and improve the resiliency of Maryland‘s electric

distribution system. The costs and benefits of such investments

should be evaluated over various time periods, including a thirty-year

period; and

(3) Options for financing and cost recovery for capital

investments to the electric distribution system.

B. Within 60 days from the effective date of this Executive Order,

the Governor‘s Energy Advisor, in collaboration with the agencies

mentioned above, shall report back to the Governor with

recommendations for legislative changes, potential regulatory

reforms, and other policy changes.

C. Nothing in this Executive Order shall be construed to supplant

any action either currently underway or to be taken by the Public

Service Commission.

D. This Executive Order does not create any substantive or

procedural rights or benefits that are enforceable against the State of

Maryland or its departments, officers, or employees.

GIVEN Under My Hand and the Great Seal of the

State of Maryland, in the City of Annapolis, this 25th

Day of July, 2012.

MARTIN O‘MALLEY

Governor

ATTEST:

JOHN P. MCDONOUGH

Secretary of State

[12-16-27]

1036


The Judiciary

COURT OF APPEALS OF

MARYLAND

STANDING COMMITTEE ON RULES

OF PRACTICE AND PROCEDURE Notice of Proposed Rules Changes

The Rules Committee has submitted its One Hundred Seventy-

Fourth Report to the Court of Appeals, transmitting thereby the

proposed deletion of existing Rules in Title 17 of the Maryland Rules

and a proposed new Title 17, the proposed deletion of Rule 9-205 and

a proposed new Rule 9-205, the proposed deletion of Rule 11-601,

and proposed amendments to Rules 2-214, 2-303, 2-305, 2-311, 2-

401, 2-403, 2-504.1, 2-510, 2-521, 2-643, 3-305, 3-510, 3-722, 4-212,

4-214, 4-216, 4-216.1, 4-217, 4-242, 4-243, 4-262 (a) and (m), 4-263

(a) and (m), 4-266, 4-326, 4-331, 4-342, 4-345, 4-501, 4-504, 4-711,

5-404, 6-416, 7-112, 9-105, 14-212, 15-1001, and 15-1201, Form 4-

504.1, and Rules 4 and 19 of the Rules Governing Admission to the

Bar of Maryland.

The Committee‘s One Hundred Seventy-Fourth Report and the

proposed new rules and amendments are set forth below.

Interested persons are asked to consider the Committee‘s Report

and proposed rules changes and to forward on or before September

10, 2012 any written comments they may wish to make to:

Sandra F. Haines, Esq.

Reporter, Rules Committee

2011-D Commerce Park Drive

Annapolis, Maryland 21401

BESSIE M. DECKER

Clerk

Court of Appeals of Maryland

July 26, 2012

The Honorable Robert M. Bell,

Chief Judge

The Honorable Glenn T. Harrell, Jr.

The Honorable Lynne A. Battaglia

The Honorable Clayton Greene, Jr.

The Honorable Sally D. Adkins

The Honorable Mary Ellen Barbera,

The Honorable Robert N. McDonald

Judges

The Court of Appeals of Maryland

Robert C. Murphy Courts of Appeal Building

Annapolis, Maryland 21401

Your Honors:

The Rules Committee submits this, its One Hundred Seventy-

Fourth Report and recommends that the Court adopt the new Rules

and amendments to existing Rules transmitted with this Report. The

Report comprises twelve categories.

Category One consists of (1) a revision of the existing Rules in

Title 17 of the Maryland Rules that apply to court-ordered ADR in

general civil actions in the Circuit Courts, (2) a new set of Rules for

court-ordered ADR in civil actions in the District Court, (3) a re-

writing of Rule 9-205 dealing with court-ordered mediation in child

custody and visitation cases, to make that Rule more self-contained

and to conform it to some of the requirements and limitations

applicable to court-ordered mediation in other civil actions in the

Circuit Courts, and (4) conforming amendments to Rules 2-504.1

(Scheduling Conference) and 14-212 (Alternative Dispute

Resolution).

The new Title 17 would be divided into three Chapters – Chapter

100 containing some general provisions, Chapter 200 dealing with

general civil actions in the Circuit Courts, and Chapter 300 dealing

with civil actions in the District Court. The Committee has reserved

a Chapter 400 for court-ordered ADR in the Court of Special Appeals

and a possible Chapter 500 for court-ordered ADR in the orphans‘

courts. With limited exceptions, the most notable being Rules 9-205

(child custody and visitation) and 14-212 (foreclosure actions), the

goal is to have all of the Rules governing court-ordered ADR

centered in one Title.

The development of these proposed changes and additions has

been through an extensive vetting process. The ADR Subcommittee,

which met numerous times, had the benefit of consultants from the

circuit and district courts and from the ADR community, and the full

Committee considered presentations from an even broader spectrum

of interested groups and individuals at two open meetings.

Category Two consists of proposed amendments to Rules 2-521

and 4-326 (Jury – Review of Evidence – Communications), to require

judges, when receiving a communication from a jury, to confirm on

the record that the parties were notified of the communication, the

nature of the communication, and how the court addressed the

communication. The intent is to help ensure, and to have the record

document, compliance with the requirements of those Rules.

Category Three consists of amendments to Rule 15-1001

(Wrongful Death) to conform with holdings in University of Md.

Medical Systems v. Muti, 426 Md. 358 (2012), including the duty of

the named plaintiffs to make a good faith and reasonably diligent

effort to identify, locate, and name as ―use plaintiffs‖ all individuals

who may qualify as such, to send a certain notice to such individuals,

to require certain action by such individuals who wish to make a

claim, and to provide for a waiver of the right of use plaintiffs to

make a claim.

Category Four consists of further proposed amendments to Rules

4-216 (Pretrial Release - Authority of Judicial Officer; Procedure)

and 4-216.1 (Further Proceedings Regarding Pretrial Release), to

provide that representation of defendants at a bail review hearing by

the Public Defender shall be a provisional one limited to that

proceeding and that any further representation by the Public Defender

is dependent on the defendant qualifying as indigent under the

statutory standards set forth in the Criminal Procedure Article. Also

in this category is an amendment to Rule 4-214 that adds two cross

references to Rules 4-216 and 4-216.1.

Category Five consists of amendments to Rule 4-242 (d) (Pleas)

to permit a defendant, with the consent of the State and the court and

subject to certain conditions, to enter a written conditional plea of

guilty to an offense charged by indictment or criminal information in

a circuit court or transferred to that court by a prayer for jury trial

entered in the District Court. By 2012 Md. Laws, Ch. 410, the

General Assembly has allowed a direct appeal to be taken from a

conviction based on such a plea, with appellate review limited to

THE JUDICIARY

1037


those dispositive issues specifically reserved in the plea. The

proposed amendment is in general accord with Federal practice. A

Committee note proposed to Rule 4-242 (a) calls attention to

problems that have surfaced with respect to a current practice of

defendants who desire to avoid a full evidentiary trial but nonetheless

reserve a right of appeal entering a plea of not guilty but acquiescing

in a trial on an agreed statement of fact or stipulated evidence. The

Committee Note recommends that, when appropriate, a conditional

plea of guilty be used to achieve that result. A conforming

amendment is proposed to Rule 4-243 (c)(4) (Plea Agreements).

Category Six consists of two proposed amendments to Rule 4-331

(Motions for New Trial; Revisory Power). The first adds a new

subsection (b)(2) to implement a 2011 statute (Code, Criminal

Procedure Article, §8-302) giving a court revisory power over a

judgment of conviction for prostitution upon a showing that the

defendant was acting under duress caused by an act of another

committed in violation of the law against human trafficking. The

second would amend subsection (c)(1) to clarify that the one year

period allowed under that subsection for filing a motion based on

newly discovered evidence dates from the later of the date the court

imposed sentence or the date the court received a mandate issued by

the final appellate court to consider a direct appeal from the judgment

or a belated appeal permitted as post conviction relief. That

amendment is in response to the Court‘s request for clarification in

Matthews v. State, 415 Md. 286 (2010).

Category Seven consists of amendments to Rules 4-266 (c)

(Subpoenas – Generally), 2-510 (e) and (f), and 3-510 (e) and (f)

(Subpoenas) to permit a person named in a subpoena or named or

depicted in an item specified in the subpoena to move for and be

granted a protective order. Amendments to Rules 2-403, 4-262 (m),

and 4-263 (m), which do not reference subpoenas, permit a person

named or depicted in an item sought to be discovered to move for and

be granted a protective order.

Category Eight consists of amendments to Rules 4 (Eligibility to

Take Bar Examination) and 19 (Confidentiality) of the Rules

Governing Admission to the Bar of Maryland. The first would

permit the Board of Law Examiners to allow an individual who

graduated from a law school not located in an American State or

territory to take the Bar Examination if the individual is admitted to

practice in a jurisdiction that is not a State but has obtained an

additional degree from an American Bar Association approved law

school in Maryland that meets the requirements prescribed by the

Board Rules. At present, this would apply to some individuals in a

Masters of Law program at the University of Baltimore Law School.

The second would allow the Board to provide to any bona fide bar

association in Maryland the name and address of persons

recommended for admission pursuant to Rule 10. Both amendments

were recommended to the Committee by the Board of Law

Examiners.

Category Nine consists of amendments to several Rules

governing civil actions.

The proposed amendment to Rule 2-305 (Claims for Relief)

eliminates the current requirement of pleading a specific amount of

damages, which, with one exception, the Committee believes is not

necessary and often leads to artificially inflated demands that have no

practical meaning. The amendment provides that a demand for

damages in excess of $75,000 – the current threshold for removal to a

U.S. District Court based on diversity of citizenship – shall state only

that the claim exceeds $75,000. If the claim is for less than $75,000,

the complaint must continue to specify the amount of the claim,

which is relevant in determining whether the claim may be tried in

Circuit of District Court and is subject to the right of jury trial. A

stylistic change to the first sentence of Rule 2-305 also is made to the

first sentence of Rule 3-305.

Rule 2-214 (Intervention) requires a person who moves to

intervene in a civil action in circuit court to attach to the motion a

copy of the proposed pleading setting forth the claim or defense for

which intervention is sought. The proposed amendment would allow

the intervenor, as an alternative, to attach a motion or other response,

not constituting a pleading, setting forth the claim or defense.

The proposed amendment to Rule 2-311 (Motions) permits a party

who has filed a motion to which a response has been filed, to file a

reply to the response. It cautions, however, that a reply is limited to

correcting a misstatement of fact or law in the response or to

addressing a matter raised for the first time in the response. At

present, the Rules are silent on whether a party is allowed to file a

reply, and some judges have apparently taken the position that they

are not allowed. The Committee believes that, in the limited

circumstances noted, they should be allowed. Conforming

amendments are proposed to Rules 2-303, 2-401, and 2-643.

Category Ten consists of amendments to several Rules governing

criminal actions.

Rule 7-112 (f)(4) (Appeals Heard De Novo) provides that if an

appeal to a circuit court by a defendant who was sentenced in the

District Court to a term of confinement and released pending the

appeal pursuant to Rule 4-349 is dismissed, the circuit court shall

issue a warrant directing that the defendant be taken into custody and

brought before a judge or commissioner so that sentence may be

reimposed. A commissioner is not authorized to reimpose a sentence,

however. An amendment is proposed to require that the defendant be

taken before a judge the next day that the court is in session.

2012 Md. Laws, Ch. 563 requires the court to grant a request for

expungement of records of criminal charges that were transferred to

Juvenile Court under Code, Criminal Procedure Article, §§4-202 or

4-202.2. An amendment to Form 4-504.1 (Petition for Expungement

of Records) is proposed to conform with the statute. Rule 11-601

(Expungement of Criminal Charges Transferred to the Juvenile

Court) is recommended for deletion, and a conforming amendment is

proposed to Rule 4-501 (Applicability).

Category Eleven consists of amendments to Rule 6-416

(Attorneys‘ Fees or Personal Representatives‘ Commissions) to

implement a 2011 statute (Code, Estates and Trusts Article, §7-604

(a)(2)) that permits an Estate, without prior court approval but upon

certain conditions, to pay attorneys‘ fees to an attorney who

represented the Estate in litigation under a contingency fee

agreement.

Category Twelve consists of ―housekeeping‖ amendments to

Rules 3-722 (Receivers), 4-212 (Issuance, Service, and Execution of

Summons or Warrant), 4-217 (Bail Bonds), 4-342 (Sentencing –

Procedure in Non-Capital Cases), 4-345 (Sentencing – Revisory

Power of Court), 4-262 (a) (Discovery in District Court, 4-263 (a)

(Discovery in Circuit Court), 4-504 (Petition for Expungement When

Charges Filed), 4-711 (Further Proceedings Following Testing), 5-

404 (Character Evidence Not Admissible to Prove Conduct;

Exceptions; Other Crimes), 9-105 (Show Cause Order; Disability of a

Party; Other Notice), and 15-1201 (Applicability). The nature of

those amendments is explained in the respective Reporter‘s notes.

THE JUDICIARY

1038


For the further guidance of the Court and the public, following

each proposed rule change is a Reporter‘s Note describing in further

detail the reasons for the proposal. We caution that the Reporter’s

Notes are not part of the Rules, have not been debated or approved

by the Committee, and are not to be regarded as any kind of official

comment or interpretation. They are included solely to assist the

Court in understanding some of the reasons for the proposed changes.

Respectfully submitted,

Alan M. Wilner

Chair

AMW:cdc

cc: Hon. Robert A. Zarnoch

Bessie M. Decker

MARYLAND RULES OF PROCEDURE

TITLE 17 – ALTERNATIVE DISPUTE RESOLUTION

TABLE OF CONTENTS

CHAPTER 100 – GENERAL PROVISIONS

CHAPTER 200 - PROCEEDINGS IN CIRCUIT COURT

CHAPTER 300 - PROCEEDINGS IN THE DISTRICT COURT

CHAPTER 400 - [Reserved for Proceedings in the Court of Special

Appeals]

CHAPTER 500 - [Reserved for Proceedings in the Orphans‘ Courts]




TABLE OF CONTENTS

Rule 17-101. APPLICABILITY

(a) General Applicability of Title

(b) Exceptions

(c) Applicability of Chapter 200

(d) Applicability of Chapter 300

Rule 17-102. DEFINITIONS

(a) ADR

(b) ADR Organization

(c) ADR Practitioner

(d) Alternative Dispute Resolution

(e) Arbitration

(f) Fee-for-service

(g) Mediation

(h) Mediation Communication

(i) Neutral Case Evaluation

(j) Neutral Expert

(k) Neutral Fact-finding

(l) Settlement Conference

Rule 17-103. ROLE OF MEDIATOR

Rule 17-104. BASIC MEDIATION TRAINING PROGRAMS

Rule 17-105. MEDIATION CONFIDENTIALITY

(a) Mediator

(b) Parties

(c) Signed Document

(d) Permitted Disclosures

(e) Discovery; Admissibility of Information





(a) General Applicability of Title

Except as provided in section (b) of this Rule, the Rules in this

Title apply when a court refers all or part of a civil action or

proceeding to ADR.

Committee note: The Rules is this Title do not apply to an ADR process in

which the parties participate without a court order of referral to that process.

(b) Exceptions

Except as otherwise provided by Rule, the Rules in this Title do

not apply to:

(1) an action or order to enforce a contractual agreement to submit

a dispute to ADR;

(2) an action to foreclose a lien against owner-occupied residential

property subject to foreclosure mediation conducted by the Office of

Administrative Hearings under Rule 14-209.1;

(3) an action pending in the Health Care Alternative Dispute

Resolution Office under Code, Courts Article, Title 3, Subtitle 2A,

unless otherwise provided by law; or

(4) a matter referred to a master, examiner, auditor, or parenting

coordinator pursuant to Rule 2-541, 2-542, 2-543, or 9-205.2.

(c) Applicability of Chapter 200

The Rules in Chapter 200 apply to actions and proceedings

pending in a circuit court.

(d) Applicability of Chapter 300

The Rules in Chapter 300 apply to actions and proceedings

pending in the District Court.

Source: This Rule is derived from former Rule 17-101 (2011).

REPORTER‘S NOTE

Rule 17-101 outlines the applicability of the Rules in Title 17.




Rule 17-102. DEFINITIONS

In this Title, the following definitions apply except as expressly

otherwise provided or as necessary implication requires:

(a) ADR

―ADR‖ means ―alternative dispute resolution.‖

(b) ADR Organization

―ADR organization‖ means an entity, including an ADR unit of

a court, that is designated by the court to select individuals with the

applicable qualifications required by Rule 9-205 or the Rules in this

Title to conduct a non-fee-for-service ADR ordered by the court.

(c) ADR Practitioner

―ADR practitioner‖ means an individual who conducts ADR

under the Rules in this Title.

(d) Alternative Dispute Resolution

―Alternative dispute resolution‖ means the process of resolving

matters in pending litigation through arbitration, mediation, neutral

case evaluation, neutral fact-finding, settlement conference, or a

combination of those processes.

THE JUDICIARY

1039


(e) Arbitration

―Arbitration‖ means a process in which (1) the parties appear

before one or more impartial arbitrators and present evidence and

argument to support their respective positions, and (2) the arbitrators

render an award that is not binding unless the parties agree otherwise

in writing. Committee note: Under the Federal Arbitration Act, the Maryland Uniform

Arbitration Act, the International Commercial Arbitration Act, and at common law, arbitration awards are binding unless the parties agree otherwise.

(f) Fee-for-service

―Fee-for-service‖ means that a party will be charged a fee by an

ADR practitioner designated by a court to conduct ADR.

(g) Mediation

―Mediation‖ means a process in which the parties work with one

or more impartial mediators who, without providing legal advice,

assist the parties in reaching their own voluntary agreement for the

resolution of all or part of a dispute. Cross reference: For the role of the mediator, see Rule 17-103.

(h) Mediation Communication

―Mediation communication‖ means a communication, whether

spoken, written, or nonverbal, made as part of a mediation, including

a communication made for the purpose of considering, initiating,

continuing, reconvening, or evaluating a mediation or a mediator.

(i) Neutral Case Evaluation

―Neutral case evaluation‖ means a process in which (1) the

parties, their attorneys, or both appear before an impartial evaluator

and present in summary fashion the evidence and arguments to

support their respective positions, and (2) the evaluator renders an

evaluation of their positions and an opinion as to the likely outcome

of the litigation.

(j) Neutral Expert

―Neutral expert‖ means an individual with special expertise to

provide impartial technical background information, an impartial

opinion, or both in a specific area.

(k) Neutral Fact-finding

―Neutral fact-finding‖ means a process in which (1) the parties,

their attorneys, or both appear before an impartial individual and

present the evidence and arguments to support their respective

positions as to disputed factual issues, and (2) the individual makes

findings of fact as to those issues that are not binding unless the

parties agree otherwise in writing.

(l) Settlement Conference

―Settlement conference‖ means a conference at which the parties,

their attorneys, or both appear before an impartial individual to

discuss the issues and positions of the parties in an attempt to agree

on a resolution of all or part of the dispute by means other than trial.

A settlement conference may include neutral case evaluation and

neutral fact-finding, and the impartial individual may recommend the

terms of an agreement. Source: This Rule is derived as follows:

Section (a) is new. Section (b) is new.

Section (c) is new.

Section (d) is derived from former Rule 17-102 (a) (2011). Section (e) is derived from former Rule 17-102 (b) (2011).

Section (f) is derived from former Rule 17-102 (c) (2011).

Section (g) is derived from former Rule 17-102 (d) (2011). Section (h) is derived from former Rule 17-102 (e) (2011).

Section (i) is derived from former Rule 17-102 (f) (2011).

Section (j) is new. Section (k) is derived from former Rule 17-102 (g) (2011).

Section (l) is derived from former Rule 17-102 (h) (2011).

REPORTER‘S NOTE

Rule 17-102 carries forward from current Rule 17-102 the

definitions of ―Alternative Dispute Resolution,‖ ―Fee-for- service,‖

―Mediation,‖ ―Mediation Communication,‖ ―Neutral Case

Evaluation,‖ ―Neutral Fact-finding,‖ and ―Settlement Conference.‖

Changes to those definitions are primarily stylistic, with the

exception of the transfer of the last two sentences of the current

definition of ―mediation‖ to a separate Rule [Rule 17-103, Role of

Mediator], and the addition of the concept of ―evaluating‖ a

mediation or mediator to the definition of ―mediation

communication.‖

The definitions of ―ADR,‖ ―ADR Practitioner,‖ and ―Neutral

Expert‖ are new.




Rule 17-103. ROLE OF MEDIATOR

A mediator may help identify issues and options, assist the parties

and their attorneys in exploring the needs underlying their respective

positions, and, upon request, record points of agreement expressed

and adopted by the parties. While acting as a mediator, the mediator

does not engage in any other ADR process and does not recommend

the terms of an agreement. Committee note: Mediators often record points of agreement expressed and

adopted by the parties to provide documentation of the results of the mediation. Because a mediator who is not a Maryland lawyer is not

authorized to practice law in Maryland and a mediator who is a Maryland

lawyer ordinarily would not be authorized to provide legal advice or services to parties in conflict, a mediator should not be authoring agreements regarding

matters in litigation for the parties to sign. If the parties are represented by

counsel, the mediator should advise them not to sign the document embodying the points of agreement until they have consulted their attorneys. If the

parties, whether represented or not, choose to sign the document, a statement

should be added that the points of agreement as recorded by the mediator constitute the points of agreement expressed and adopted by the parties.

Source: This Rule is derived from the last two sentences of former Rule 17-

102 (d) (2011).

REPORTER‘S NOTE

Rule 17-103 is derived from the last two sentences of current Rule

17-102 (d) with clarifying and stylistic changes. A Committee note

provides guidance concerning a mediator‘s role in recording points of

agreement expressed and adopted by the parties.




Rule 17-104. BASIC MEDIATION TRAINING PROGRAMS

To qualify under Rule 17-205 or 17-304, a basic mediation

training program shall include the following:

(a) conflict resolution and mediation theory, including causes of

conflict, interest-based versus positional bargaining, and models of

conflict resolution;

(b) mediation skills and techniques, including information-gathering

skills; communication skills; problem-solving skills; interaction

skills; conflict management skills; negotiation techniques; caucusing;

cultural, ethnic, and gender issues; and strategies to (1) identify and

respond to power imbalances, intimidation, and the presence and

effects of domestic violence, and (2) safely terminate a mediation

when such action is warranted;

(c) mediator conduct, including conflicts of interest, confidentiality,

neutrality, ethics, and standards of practice; and

(d) simulations and role-playing, monitored and critiqued by

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experienced mediator trainers. Source: This Rule is derived from former Rule 17-106 (a) (2011).

REPORTER‘S NOTE

Rule 17-104 lists the required components of a basic mediation

program. It is derived from current Rule 17-106 (a). Rule 17-104

adds to the current Rule required training regarding (1) ethnic issues,

(2) strategies to identify and respond to intimidation and to the

presence and effects of domestic violence, and (3) strategies to safely

terminate a mediation when warranted.

Subsection (a)(4) of current Rule 17-106, which requires training

regarding rules, statutes, and practice in the circuit courts, is not

included in the new Rule because Rule 17-104 is a general Rule,

which does not solely apply to the circuit courts. This concept has

therefore been transferred to Rule 17-205 (a)(3) and Rule 17-304

(a)(3). Rule 17-205(a)(3) requires a mediator to be ―familiar‖ with

the rules, statutes and practices governing mediation in the circuit

court. Rule 17-304 (a)(3) requires a mediator to be familiar with the

Rules in Title 17 of the Maryland Rules.




Rule 17-105. MEDIATION CONFIDENTIALITY

(a) Mediator

Except as provided in sections (c) and (d) of this Rule, a

mediator and any person present or otherwise participating in the

mediation at the request of the mediator shall maintain the

confidentiality of all mediation communications and may not disclose

or be compelled to disclose mediation communications in any

judicial, administrative, or other proceeding.

(b) Parties

Except as provided in sections (c) and (d) of this Rule:

(1) a party to a mediation and any person present or who otherwise

participates in a mediation at the request of a party may not disclose

or be compelled to disclose a mediation communication in any

judicial, administrative, or other proceeding; and

(2) the parties may enter into a written agreement to maintain the

confidentiality of mediation communications and to require all

persons who are present or who otherwise participate in a mediation

to join in that agreement. Cross reference: See Rule 5-408 (a)(3).

(c) Signed Document

A document signed by the parties that records points of

agreement expressed and adopted by the parties or that constitutes an

agreement reached by the parties as a result of mediation is not

confidential, unless the parties agree otherwise in writing. Cross reference: See Rule 9-205 (g) concerning the submission of a document

embodying the points of agreement to the court in a child access case.

(d) Permitted Disclosures

In addition to any disclosures required by law, a mediator, a

party, and a person who was present or who otherwise participated in

a mediation may disclose or report mediation communications:

(1) to a potential victim or to the appropriate authorities to the

extent they reasonably believe necessary to help

prevent serious bodily harm or death to the potential victim;

(2) when relevant to the assertion of or defense against allegations

of mediator misconduct or negligence; or

(3) when relevant to a claim or defense that an agreement arising

out of a mediation should be rescinded because of fraud, duress, or

misrepresentation. Cross reference: For the legal requirement to report suspected acts of child abuse, see Code, Family Law Article, §5-705.

(e) Discovery; Admissibility of Information

Mediation communications that are confidential under this Rule

are not subject to discovery, but information that is otherwise

admissible or subject to discovery does not become inadmissible or

protected from disclosure solely by reason of its use in mediation. Cross reference: See Rule 5-408 (b). See also Code, Courts Article, Title 3, Subtitle 18, which does not apply to mediations to which the Rules in Title 17

apply.


REPORTER‘S NOTE

Rule 17-105 is derived from current Rule 17-109, Mediation

Confidentiality.

Section (a) is carried forward, without change.

Sections (b) and (d) are restyled for clarity.

Section (c) is restyled to reflect the terminology used in new Rule

17-103 regarding the recordation of points of agreement expressed

and adopted by the parties.

In section (e), the words ―privileged and‖ are deleted.

A Committee note pertaining to neutral experts is deleted.

Two cross references to Rule 5-408 are added.

Additionally, a cross reference to Code, Courts Article, Title 3,

Subtitle 18 is added to highlight the existence of distinctions between

mediation confidentiality under the Maryland Mediation

Confidentiality Act and mediation confidentiality under this Rule.

The statutory mediation confidentiality provisions are inapplicable to

mediations to which the Rules in Title 17 apply.



CHAPTER 200 – PROCEEDINGS IN CIRCUIT COURT

TABLE OF CONTENTS

Rule 17-201. AUTHORITY TO ORDER ADR

(a) Generally

(b) Referral Prohibited

(c) Mediation of Child Custody or Visitation Disputes

Rule 17-202. GENERAL PROCEDURE

(a) Scope

(b) Participation Requirements

(1) Non-fee-for-service Settlement Conference

(2) Other ADR

(c) Designation of ADR Practitioner

(1) Direct Designation

(2) Indirect Designation if ADR is Non-fee-for-service

(d) Discretion in Designation

(e) Contents of Order of Referral; Termination or Extension of

ADR; Restriction on Fee Increase

(f) Objection; Alternatives

(1) Applicability

(2) Time for Filing

(3) Notification of Rights

(4) If No Objection or Alternative Filed

(5) Ruling

(g) Form of Request to Substitute ADR Practitioner

(h) Evaluation Forms; Notification to Court

Rule 17-203. HEALTH CARE MALPRACTICE ACTIONS

(a) Applicability

(b) Mandatory Referral to ADR; Timing

(c) Designation

(1) By the Parties

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(2) By the Court

(d) Initial Conference; Outline of Case

(e) Discovery

(f) Evaluation Forms

(g) Notification to the Court

(h) Costs

Rule 17-204. NEUTRAL EXPERTS

(a) Appointment

(b) Confidentiality

(1) Mediation Proceedings

(2) Other ADR

Rule 17-205. QUALIFICATIONS OF COURT-DESIGNATED

MEDIATORS

(a) Basic Qualifications

(b) Business and Technology Cases

(c) Economic Issues in Divorce and Annulment Cases

(d) Health Care Malpractice Claims

(e) Foreclosure Cases

(f) Experience Requirement


ADR PRACTITIONERS OTHER THAN MEDIATORS

(a) Generally

(b) Judges and Masters

Rule 17-207. PROCEDURE FOR APPROVAL

(a) Generally

(1) Scope

(2) Application

(3) Documentation

(4) Action on Application

(5) Court-Approved ADR Practitioner and Organization Lists

(6) Public Access to Lists

(7) Removal from List

(b) Business and Technology and Health Care Malpractice

Programs

(1) Scope

(2) Application

(3) Documentation


(5) Court-Approved ADR Practitioner Lists



Rule 17-208. FEE SCHEDULES

(a) Authority to Adopt

(b) Compliance




Rule 17-201. AUTHORITY TO ORDER ADR

(a) Generally

A circuit court may order a party and the party‘s attorney to

participate in ADR but only in accordance with the Rules in this

Chapter and in Chapter 100 of this Title.

(b) Referral Prohibited

The court may not enter an order of referral to ADR in a

protective order action under Code, Family Law Article, Title 4,

Subtitle 5, Domestic Violence.

(c) Mediation of Child Custody or Visitation Disputes

Rule 9-205 governs the authority of a circuit court to order

mediation of a dispute as to child custody or visitation, and the Rules

in Title 17 do not apply to proceedings under that Rule except as

otherwise provided in that Rule. Source: This Rule is derived as follows: Section (a) is derived from former Rule 17-103 (a) (2011).

Section (b) is new.

Section (c) is derived from former Rule 17-103 (c)(1) (2011).

REPORTER‘S NOTE

Rule 17-201 is derived in part from current Rule 17-103.

Section (a) generally states a circuit court‘s authority to order

ADR.

Section (b) prohibits the court from entering an order of referral to

ADR in a protective order action.

Section (c) states that Rule 9-205 governs custody and visitation

disputes and that the Rules in Title 17 do not apply, except as

otherwise provided in that Rule.




Rule 17-202. GENERAL PROCEDURE

(a) Scope

This Rule does not apply to health care malpractice actions under

Code, Courts Article, Title 3, Subtitle 2A, which are governed by

Rule 17-203.

(b) Participation Requirements

(1) Non-fee-for-service Settlement Conference

The court may require the parties and their attorneys to

participate in a non-fee-for-service settlement conference. Committee note: If a settlement conference is required, it should be conducted

subsequent to any other court-referred ADR.

(2) Other ADR

The court may refer all or part of an action to one ADR process

in accordance with sections (c), (d), and (e) of this Rule, but the court

may not require participation in that ADR if a timely objection is

filed in accordance with section (f) of this Rule.

(c) Designation of ADR Practitioner

(1) Direct Designation

In an order referring all of part of an action to ADR, the court

may designate, from a list of approved ADR practitioners maintained

by the court pursuant to Rule 17-207, an ADR practitioner to conduct

the ADR.

(2) Indirect Designation if ADR is Non-fee-for-service

If the ADR is non-fee-for-service, the court may delegate

authority to an ADR organization selected from a list maintained by

the court pursuant to Rule 17-207 or to an ADR unit of the court to

designate an ADR practitioner qualified under Rules 17-205 or 17-

206, as applicable, to conduct the ADR. An individual designated by

the ADR organization pursuant to the court order has the status of a

court-designated ADR practitioner. Committee note: Examples of the use of indirect designation are referrals of indigent litigants to publicly funded community mediation centers and

referrals of one or more types of cases to a mediation unit of the court.

(d) Discretion in Designation

In designating an ADR practitioner, the court is not required to

choose at random or in any particular order from among the qualified

ADR practitioners or organizations on its lists. The court should

endeavor to use the services of as many qualified persons as

practicable, but the court may consider, in light of the issues and

circumstances presented by the action or the parties, any special

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training, background, experience, expertise, or temperament of the

available prospective designees.

(e) Contents of Order of Referral; Termination or Extension of

ADR; Restriction on Fee Increase

An order of referral to ADR shall specify a maximum number of

hours of required participation by the parties. An order to a fee-for-

service ADR shall also specify the hourly rate that may be charged

for ADR services in the action, which may not exceed the maximum

stated in the applicable fee schedule. The parties may participate for

less than the number of hours stated in the order if they and the ADR

practitioner agree that no further progress is likely. The parties, by

agreement, may extend the ADR beyond the number of hours stated

in the order. During any extension of the ADR, the ADR practitioner

may not increase the practitioner‘s hourly rate for providing services

relating to the action. Committee note: Having a maximum number of hours in the court‘s order of

referral encourages participation in ADR by assuring the parties that the ADR does not require an open-ended commitment of their time and money.

Although the parties, without further order of court, may extend the ADR

beyond the maximum, an amendment to the time requirements contained in a scheduling order may be made only by order of the court.

Cross reference: See Rule 2-504, concerning scheduling orders, and Rule 17-

208, concerning fee schedules and sanctions for noncompliance with an applicable schedule.

(f) Objection; Alternatives

(1) Applicability

This section applies to a referral to ADR other than a non-fee-

for-service settlement conference.

(2) Time for Filing

If the court issues an order referring all or part of an action to

ADR, a party, within 30 days after entry of the order, may file (A) an

objection to the referral, (B) an alternative proposal, or (C) a

―Request to Substitute ADR Practitioner‖ substantially in the form

set forth in section (g) of this Rule. If the order delegates authority to

an ADR organization to designate an ADR practitioner, the objection,

alternative proposal, or ―Request to Substitute ADR Practitioner‖

shall be filed no later than 30 days after the party is notified by the

ADR organization of the designation.

(3) Notification of Rights

An order referring all or part of an action to ADR, an order

delegating authority to an ADR organization to designate an ADR

practitioner, and an announcement of a determination to enter an

order referring all or part of an action to ADR shall include the

information set forth in subsection (f)(2) of this Rule.

(4) If No Objection or Alternative Filed

If an objection, alternative proposal, or ―Request to Substitute

ADR Practitioner‖ is not filed within the time allowed by this section,

the order shall stand, subject to modification by the court.

(5) Ruling

If a party timely objects to a referral, the court shall revoke its

order. If the parties offer an alternative proposal or agree on a

different ADR practitioner, the court shall revoke or modify its order,

as appropriate.

(g) Form of Request to Substitute ADR Practitioner

A Request to Substitute ADR Practitioner shall be substantially

in the following form:

[Caption of Case]

Request to Substitute ADR Practitioner and

Selection of ADR Practitioner by Stipulation

We agree to attend ADR conducted by

_______________________________________________________.

(Name, address, and telephone number of ADR Practitioner)

We have made payment arrangements with the ADR Practitioner

and we understand that the court‘s fee schedules do not apply to this

ADR. We request that the court substitute this ADR Practitioner for

the ADR Practitioner designated by the court.

________________________ ________________________

(Signature of Plaintiff) (Signature of Defendant)

________________________ ________________________

(Signature of Plaintiff‘s (Signature of Defendant‘s

Attorney, if any) Attorney, if any)

[Add additional signature lines for any additional parties and

attorneys.]

I,

_______________________________________________________,

(Name of ADR Practitioner)

agree to conduct the following ADR in the above-captioned case

[check one]:

[ ] mediation in accordance with Rules 17-103 and 17-105.

[ ] ADR other than mediation:______________________[specify

type of ADR].

At the conclusion of the ADR, I agree to comply with the

provisions of Rule 17-202 (h).

I solemnly affirm under the penalties of perjury that I have the

qualifications prescribed by the following Rules [check all that are

true]:

[ ] Rule 17-205 (a) [Basic mediation]

[ ] Rule 17-205 (b) [Business and Technology]

[ ] Rule 17-205 (c) [Economic Issues - Divorce and Annulment]

[ ] Rule 17-205 (d) [Health Care Malpractice]

[ ] Rule 17-205 (e) [Foreclosure]

[ ] Rule 17-206 [ADR other than mediation]

[ ] None of the above.

______________________________________

Signature of ADR Practitioner

(h) Evaluation Forms; Notification to Court

At the conclusion of an ADR, the ADR practitioner shall give to

the parties any ADR evaluation forms and instructions provided by

the court and promptly advise the court whether all, some, or none of

the issues in the action has been resolved. Source: This Rule is derived in part from former Rule 17-103 (b) and (c)(2)-

(4) (2011) and is in part new.

REPORTER‘S NOTE

Rule 17-202 outlines the general procedure for participating in

ADR and for designating an ADR practitioner. It is derived, in part,

from current Rule 17-103.

Section (a) states that the Rule does not apply to health care

malpractice actions under Code, Courts Article, Title 3, Subtitle 2A.

ADR in those actions is governed by Rule 17-203.

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Section (b) provides that the court may require the parties to

participate in a non-fee-for-service settlement conference. The

parties may, however, opt out of other court-referred ADR in

accordance with the provisions of section (f).

Section (c) prescribes the procedures for direct and indirect

designation of an ADR practitioner. An ADR practitioner may be

selected from a list of approved ADR practitioners maintained by the

court, or, if the ADR is non-fee-for-service, the court may delegate the

authority to select an ADR practitioner to an ADR organization or to an

ADR unit of the court.

A Committee note following section (c) provides examples of the

use of indirect designation.

Section (d) is derived from current Rule 17-103 (c)(4). It provides

that, in designating an ADR practitioner, the court is not required to

choose at random or in any particular order from among the qualified

ADR practitioners or organizations on its lists.

Section (e) is new. It provides that an order of referral to ADR shall

specify a maximum number of hours of participation by the parties. As

stated in a Committee Note following section (e), this encourages parties

to participate in ADR by assuring that the ADR does not require an open-

ended commitment of time and money. The parties may agree to extend

the ADR beyond the maximum number of hours; however, any time

requirements in a scheduling order that would be affected are not

changed unless the court amends its scheduling order. Section (e) also

prohibits an ADR practitioner from increasing the practitioner‘s hourly

rate in the event that the parties agree to extend the ADR beyond the

maximum number of hours.

A cross reference is added following section (e) to Rule 2-504,

concerning scheduling orders, and Rule 17-208, concerning fee

schedules and noncompliance with an applicable schedule.

Section (f) outlines the time and types of objections a party may file to

a referral to ADR other than a non-fee-for-service settlement conference.

Subsection (f)(3) provides that the parties must be notified of their right to

object to the referral. Subsection (f)(4) provides that an order of referral

will stand if the parties do not timely object, offer an alternative proposal,

or request a different ADR practitioner.

Subsection (f)(5) provides that, if a party timely objects to a referral or

offers an alternative proposal, the court shall revoke or modify its order,

as appropriate. Thus, as in the current Rules, the court may not require an

objecting party or that party‘s attorney to participate in an ADR other

than a non-fee-for-service settlement conference.

Section (g) contains a form for a Request to Substitute ADR

Practitioner.

Section (h) is new. It requires the ADR practitioner to give to the

parties any evaluation forms and instructions provided by the court

and to notify the court whether all, some, or none of the issues in the

action have been resolved. This section is added at the request of a

circuit court judge. This section ensures that the parties have the

opportunity to evaluate the ADR practitioner, that the court is

informed regarding the status of the case, and that the court receives

information from which statistics can be generated.




Rule 17-203. HEALTH CARE MALPRACTICE ACTIONS

(a) Applicability

This Rule applies to health care malpractice actions under Code,

Courts Article, Title 3, Subtitle 2A.

(b) Mandatory Referral to ADR; Timing

Within 30 days after a defendant has filed an answer to the

complaint or within 30 days after a defendant has filed a certificate of a

qualified expert pursuant to Code, Courts Article, Title 3, Subtitle 2A-04,

whichever is later, the court shall issue a scheduling order requiring the

parties to engage in ADR at the earliest practicable date, unless all parties

file with the court an agreement not to engage in ADR and the court finds

that ADR would not be productive. Cross reference: See Rule 2-504 (b)(2)(C) and Code, Courts Article, §3-2A-

06C (b).

(c) Designation

(1) By the Parties

Within 30 days after the defendant has answered the complaint or

filed a certificate of a qualified expert pursuant to Code, Courts Article,

Title 3, Subtitle 2A-04, whichever is later, the parties may agree on an

ADR practitioner and shall promptly notify the court of their agreement

and the name of the ADR practitioner. A Notice of Selection of ADR

Practitioner shall be substantially in the following form:

[Caption of Case]

Notice of Selection of ADR Practitioner by Stipulation

We agree to attend ADR conducted by ____________________

_______________________________________________________.

(Name, address, and telephone number of ADR Practitioner)

We have made payment arrangements with the ADR Practitioner

and we understand that the court‘s fee schedules do not apply to this

ADR. We request that the court designate this ADR Practitioner in

lieu of any court-appointed ADR Practitioner.

__________________________ ________________________


__________________________ ________________________

(Signature of Plaintiff‘s (Signature of Defendant‘s


[Add additional signature lines for any additional parties and

attorneys.]

I,

_______________________________________________________,

(Name of ADR Practitioner)

agree to conduct the following ADR in the above-captioned case

[check one]:

[ ] mediation in accordance with Rules 17-103 and 17-105.

[ ] ADR other than mediation:______________________[specify

type of ADR].

At the conclusion of the ADR, I agree to comply with the

provisions of Rule 17-203 (f).


qualifications prescribed by the following Rules [check all that are

true]:

[ ] Rule 17-205 (a) [Basic mediation]

[ ] Rule 17-205 (b) [Business and Technology]

[ ] Rule 17-205 (c) [Economic Issues - Divorce and Annulment]

[ ] Rule 17-205 (d) [Health Care Malpractice]

[ ] Rule 17-205 (e) [Foreclosure]

[ ] Rule 17-206 [ADR other than mediation]

[ ] None of the above.

_________________________________________

Signature of ADR Practitioner

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(2) By the Court

If the parties do not timely notify the court that they have

agreed upon an ADR practitioner, the court promptly shall appoint a

mediator who meets the qualifications prescribed by Rule 17-205 (d)

and notify the parties. Within 15 days after the court notifies the

parties of the name of the mediator, a party may object in writing,

stating the reason for the objection. If the court sustains the

objection, the court shall appoint a different mediator.

(d) Initial Conference; Outline of Case

The ADR practitioner shall schedule an initial conference with

the parties as soon as practicable. At least 15 days prior to the initial

conference, each party shall provide to the ADR practitioner a brief

written outline of the strengths and weaknesses of the party‘s case. A

party is not required to provide the outline to any other party, and the

ADR practitioner shall not provide the outline or disclose its contents

to anyone unless authorized by the party who submitted the outline. Cross reference: See Code, Courts Article, §3-2A-06C (h)(2) and (k).

(e) Discovery

If the ADR practitioner determines that discovery is necessary

to facilitate the ADR, the ADR practitioner, consistent with the

scheduling order, may mediate the scope and schedule of that

discovery, adjourn the initial conference, and reschedule an

additional conference for a later date.

(f) Evaluation Forms

At the conclusion of the ADR, the ADR practitioner shall give to

the parties any ADR evaluation forms and instructions provided by

the court.

(g) Notification to the Court

The parties shall notify the court if the case is settled. If the

parties agree to settle some but not all of the issues in dispute, the

ADR practitioner shall file a notice of partial settlement with the

court. If the parties have not agreed to a settlement, the ADR

practitioner shall file a notice with the court that the case was not

settled.

(h) Costs

Unless otherwise agreed by the parties, the costs of the ADR

shall be divided equally between the parties. Source: This Rule is new.

REPORTER‘S NOTE

New Rule 17-203 is proposed because health care malpractice

actions are governed by a statute that includes a mandatory referral to

ADR. See Code, Courts Article, Title 3, Subtitle 2A. A specific

Rule, pertaining only to health care malpractice actions, is warranted

in order to implement the statute and to ensure that the ADR process

conforms with the statute.

Section (a) states that the Rule applies to health care malpractice

actions.

Section (b) prescribes the procedure for the mandatory referral to

ADR. In practice, courts order ADR in the scheduling order. The

Rule codifies this practice.

Section (c) prescribes the procedure for selecting an ADR

practitioner, and provides a form for this purpose. The procedure for

selecting the practitioner is derived from Code, Courts Article, §3-

2A-06C (e) and (f).

Section (d) addresses the scheduling of an initial conference and

the parties‘ submission of written case outlines to the ADR

practitioner. Section (d) is derived from Code, Courts Article, §3-

2A-06C (g) and (h).

Section (e) provides that the ADR practitioner may mediate the

scope and schedule of discovery needed to proceed with ADR, and

may adjourn and reschedule the initial conference. This

acknowledges the reality that the productivity of ADR in medical

malpractice actions depends, in large part, on the amount of

discovery that has taken place. Section (e) is derived in part from

Code, Courts Article, §3-2A-06C (i).

Section (f) requires the ADR practitioner to give to the parties any

ADR evaluation forms and instructions provided by the court. A

similar provision is included in new Rule 17-202. It is intended to

ensure that the parties have the opportunity to evaluate the ADR

practitioner and that the court receives information from which

statistics can be generated.

Section (g) requires the parties to notify the court regarding the

outcome of the ADR and is derived from Code, Courts Article, §3-

2A-06C (n).

Section (h) provides that, unless the parties agree otherwise, the

costs of ADR shall be divided equally between the parties. This

section is derived from Code, Courts Article, §3-2A-06C (o).



CHAPTER 200 - PROCEEDINGS IN CIRCUIT COURT

Rule 17-204. NEUTRAL EXPERTS

(a) Appointment

With the consent of all parties participating in the ADR, a court-

designated ADR practitioner may select a neutral expert to participate

in the ADR. The expense of the neutral expert shall be allocated

among the parties in accordance with their agreement.

(b) Confidentiality

(1) Mediation Proceedings

In a mediation, the provisions of Rule 17-105 apply to the

neutral expert.

(2) Other ADR

In all ADR other than mediation, the parties and the ADR

practitioner may require the neutral expert to enter into a written

agreement binding the neutral expert to confidentiality. The written

agreement may include provisions stating that the expert may not

disclose or be compelled to disclose any communications related to

the ADR in any judicial, administrative, or other proceedings.

Communications related to the ADR that are confidential under an

agreement allowed by this subsection are not subject to discovery,

but information otherwise admissible or subject to discovery does not

become inadmissible or protected from disclosure solely by reason of

its use related to the ADR. Source: This Rule is derived from former Rule 17-105.1 (2011).

REPORTER‘S NOTE

Rule 17-204 is derived from current Rule 17-105.1. The Rule

deletes the definition of the term ―neutral expert‖ because this term is

defined in new Rule 17-102 (j).

The entire Rule is restyled for clarification.





MEDIATORS

(a) Basic Qualifications

A mediator designated by the court shall:

(1) unless waived by the parties, be at least 21 years old;

(2) have completed at least 40 hours of basic mediation training in

a program meeting the requirements of Rule 17-104 or, for

individuals trained prior to [effective date of the Rule], former Rule

17-106;

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(3) be familiar with the rules, statutes, and practices governing

mediation in the circuit courts;

(4) have mediated or co-mediated at least two civil cases;

(5) complete in each calendar year four hours of continuing

mediation-related education in one or more of the topics set forth in

Rule 17-104;

(6) abide by any mediation standards adopted by the Court of

Appeals;

(7) submit to periodic monitoring of court-ordered mediations by a

qualified mediator designated by the county administrative judge; and

(8) comply with procedures and requirements prescribed in the

court‘s case management plan filed under Rule 16-202 b. relating to

diligence, quality assurance, and a willingness to accept, upon request

by the court, a reasonable number of referrals at a reduced-fee or pro

bono.

(b) Business and Technology Cases

A mediator designated by the court for a Business and

Technology Program case shall, unless the parties agree otherwise:

(1) have the qualifications prescribed in section (a) of this Rule;

and

(2) within the two-year period preceding an application for

approval pursuant to Rule 17-207, have served as a mediator in at

least five non-domestic civil mediations, at least two of which

involved types of conflicts assigned to the Business and Technology

Case Management Program.

(c) Economic Issues in Divorce and Annulment Cases

A mediator designated by the court for issues in divorce or

annulment cases other than those subject to Rule 9-205 shall:


(2) have completed at least 20 hours of skill-based training in

mediation of economic issues in divorce and annulment cases; and

(3) have served as a mediator or co-mediator in at least two

mediations involving marital economic issues.

(d) Health Care Malpractice Claims

A mediator designated by the court for a health care malpractice

claim shall, unless the parties agree otherwise:


(2) within the two-year period preceding an application for

approval pursuant to Rule 17-207, have served as a mediator in at

least five non-domestic civil mediations, at least two of which

involved types of conflicts assigned to the Health Care Malpractice

Claims ADR Program;

(3) be knowledgeable about health care malpractice claims through

experience, training, or education; and

(4) agree to complete any continuing education training required

by the court. Cross reference: See Code, Courts Article, §3-2A-06C.

(e) Foreclosure Cases

(1) This section does not apply to an ADR practitioner selected by

the Office of Administrative Hearings to conduct a ―foreclosure

mediation‖ pursuant to Code, Real Property Article, §7-105.1 and

Rule 14-209.1.

(2) A mediator designated by the court in a proceeding to foreclose

a lien instrument shall, unless the parties agree otherwise:

(A) have the qualifications prescribed in section (a) of this Rule;

and

(B) through experience, training, or education, be knowledgeable

about lien instruments and federal and Maryland laws, rules, and

regulations governing foreclosure proceedings.

(f) Experience Requirement

The experience requirements in this Rule may be met by

mediating in the District Court or the Court of Special Appeals. Source: This Rule is derived in part from former Rule 17-104 (a),(c),(d),(e),

and (f) (2011) and is in part new.

REPORTER‘S NOTE

Rule 17-205, Qualifications of Court-Designated Mediators, is

derived from current Rule 17-104 (a), (c), (d), (e), and (f).

Subsection (a)(1) omits the requirement that a court-designated

mediator have at least a bachelor‘s degree. The Subcommittee has

been advised that studies indicate that a mediator‘s formal education

is not particularly relevant to the mediator‘s success in resolving

disputes. Another change to subsection (a)(1) permits the parties,

instead of the court, to waive the requirement that a mediator be at

least 21 years of age.

Subsection (a)(2) requires the completion of 40 hours of basic

mediation training in a program that meets the requirements of new

Rule 17-104. Individuals who were trained prior to the effective date

of the Rule must have completed a training program that meets the

requirements of current Rule 17-106.

Subsection (a)(3) requires a mediator to be ―familiar‖ with the

rules, statutes, and practices governing mediation in the circuit courts.

This concept replaces a similar concept in current Rule 17-106 (a)(4),

which requires the mediation training program to include the rules,

statutes, and practices governing mediation in the circuit courts.

Subsection (a)(4) adds a requirement for the mediator to have

mediated or co-mediated at least two civil cases.

Subsection (a)(5) requires a mediator to complete four hours of

continuing mediation-related education per year. This concept

replaces a similar concept in current Rule 17-104 (a)(3), which

requires a mediator to complete eight hours of continuing mediation-

related training in every two-year period.

A stylistic change is made to the introductory clause of section

(b), Business and Technology Cases. Subsection (b)(1) is carried

forward from current Rule 17-104 (c), without change.

In subsection (b)(2), the requirements of current Rule 17-104

(c)(2) have been revised and replaced with a requirement that the

mediator, within the two-year period preceding the mediator‘s

application, must have served as mediator in at least five non-

domestic civil mediations, at least two of which involved the types of

conflicts assigned to the Business and Technology Program. The

language requiring that the mediations be ―circuit court‖ mediations

of ―comparable complexity‖ is deleted.

The language in current Rule 17-104 (c)(3), which requires a

mediator to agree to serve as co-mediator with individuals who have

not yet met the requirements of the Rule, is deleted.

In section (c), Economic Issues in Divorce and Annulment Cases,

the word ―annulment‖ is added. A requirement that the mediator

must have served as a mediator or co-mediator in at least two

mediations involving marital economic issues replaces the

requirement in current Rule 17-104 (d)(3), which requires the

mediator to have observed or co-mediated at least eight hours of

divorce mediation sessions involving marital property issues.

In section (d), Health Care Malpractice Claims, the vague phrase

―of comparable complexity‖ is deleted. A requirement is added that,

in the two-year period preceding the mediator‘s application for

approval, the mediator must have served as mediator in at least five

non-domestic civil mediations, at least two of which involved the

types of conflicts assigned to the Health Care Malpractice ADR

program. The requirement that the mediations be ―circuit court‖

mediations is deleted.

In section (e), Foreclosure Cases, language from current Rule 17-

104 (f)(2), which requires a mediator to have completed at least five

non-domestic circuit court mediations or five non-domestic non-

circuit court mediations of comparable complexity, is deleted. In

subsection (e)(2), a broader and continuing requirement of

knowledge regarding the federal and Maryland laws, rules, and

regulations governing foreclosure proceedings replaces the general

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requirement in current Rule 17-104 (f)(3) that the mediator ―be

knowledgeable about lien instruments and foreclosure proceedings.‖

Section (f) clarifies that, in addition to other ways in which the

experience requirements set forth in the Rule may be met, the

experience requirements may be met by mediating in the District

Court or the Court of Special Appeals.

Subsections (c)(4), (e)(4), and (f)(4) of current Rule 17-104,

pertaining to continuing education training, are deleted. Continuing

education requirements are set forth in subsection (a)(5).





ADR PRACTITIONERS OTHER THAN MEDIATORS

(a) Generally

Except as provided in section (b) of this Rule, an ADR

practitioner designated by the court to conduct ADR other than

mediation shall, unless the parties agree otherwise:

(1) abide by any applicable standards adopted by the Court of

Appeals;

(2) submit to periodic monitoring of court-ordered ADR

proceedings by a qualified person designated by the county

administrative judge;

(3) comply with procedures and requirements prescribed in the

court‘s case management plan filed under Rule 16-202 b. relating to

diligence, quality assurance, and a willingness, upon request by the

court, to accept a reasonable number of referrals at a reduced-fee or

pro bono;

(4) either (A) be a member in good standing of the Maryland bar

and have at least five years experience as (i) a judge, (ii) a

practitioner in the active practice of law, (iii) a full-time teacher of

law at a law school accredited by the American Bar Association, or

(iv) a Federal or Maryland administrative law judge, or (B) have

equivalent or specialized knowledge and experience in dealing with

the issues in dispute; and

(5) have completed any training program required by the court.

(b) Judges and Masters

An active or retired judge or a master of the court may chair a

non-fee-for-service settlement conference. Cross reference: Rule 16-813, Maryland Code of Judicial Conduct, Canon 4F and Rule 16-814, Maryland Code of Conduct for Judicial Appointees, Canon

4F.


REPORTER‘S NOTE

Rule 17-206 is derived from current Rule 17-105. Stylistic

changes are made to the introductory clause of section (a) and to

subsection (a)(1).

Subsections (a)(2), (3), and (4) are carried forward, without

change.

Subsection (a)(5) changes the requirements of current Rule 17-105

(a)(5). Under current Rule 17-105 (a)(5), unless waived by the court,

an ADR practitioner other than a mediator must have completed a

training program that has been approved by the county administrative

judge and is at least eight hours long. New subsection (a)(5) requires

a court-designated ADR practitioner, other than a mediator, to

complete any training program required by the court.

Stylistic changes are made to subsection (b) to clarify that an

active or retired judge or a master may chair a non-fee-for-service

settlement conference.




Rule 17-207. PROCEDURE FOR APPROVAL

(a) Generally

(1) Scope

This section applies to individuals who seek eligibility for

designation by a court to conduct ADR pursuant to Rule 9-205, Rule

14-212, or Rule 17-201 other than in actions assigned to the Business

and Technology Case Management Program or the Health Care

Malpractice Claims ADR Program.

(2) Application

An individual seeking designation to conduct ADR shall file an

application with the clerk of the circuit court from which the

individual is willing to accept referrals. The application shall be

substantially in the form approved by the State Court Administrator

and shall be available from the clerk of each circuit court. The clerk

shall transmit each completed application, together with all

accompanying documentation, to the county administrative judge or

the judge‘s designee.

(3) Documentation

(A) An application for designation as a mediator shall be

accompanied by documentation demonstrating that the applicant

meets the requirements of Rule 17-205 (a) and, if applicable, Rule 9-

205 (c)(2) and Rule 17-205 (c) and (e).

(B) An application for designation to conduct ADR other than

mediation shall be accompanied by documentation demonstrating

that the applicant is qualified as required by Rule 17-206 (a).

(C) The State Court Administrator may require the application

and documentation to be provided in a word processing file or other

electronic format.


After such investigation as the county administrative judge

deems appropriate, the county administrative judge or designee shall

notify the applicant of the approval or disapproval of the application

and the reasons for a disapproval.


The county administrative judge or designee of each circuit

court shall maintain a list:

(A) of mediators who meet the qualifications set forth in Rule 17-

205 (a), (c), and (e);

(B) of mediators who meet the qualifications of Rule 9-205 (c);

(C) of other ADR practitioners who meet the applicable

qualifications set forth in Rule 17-206 (a); and

(D) of ADR organizations approved by the county administrative

judge.


The county administrative judge or designee shall provide to

the clerk of the court a copy of each list, together with a copy of the

application filed by each individual on the lists. The clerk shall make

these items available to the public.


After notice and a reasonable opportunity to respond, the

county administrative judge may remove a person from a court-

approved list for failure to maintain the qualifications required by

Rule 17-205, Rule 9-205 (c), or Rule 17-206 (a) or for other good

cause.

(b) Business and Technology and Health Care Malpractice

Programs

(1) Scope

This section applies to individuals who seek eligibility for

designation by a court to conduct ADR pursuant to Rule 17-201 in an

action assigned to the Business and Technology Case Management

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Program or pursuant to Rule 17-203 in an action assigned to the

Health Care Malpractice Claims ADR Program.

(2) Application

An individual seeking designation to conduct ADR shall file an

application with the Administrative Office of the Courts, which shall

transmit the application to the Committee of Program Judges

appointed pursuant to Rule 16-108 b. 4. The application shall be

substantially in the form approved by the State Court Administrator

and shall be available from the clerk of each circuit court.

(3) Documentation

(A) An application for designation as a mediator, shall be

accompanied by documentation demonstrating that the applicant

meets the applicable requirements of Rule 17-205.

(B) An application for designation to conduct ADR other than

mediation shall be accompanied by documentation demonstrating

that the applicant is qualified as required by Rule 17-206 (a).

(C) The State Court Administrator may require the application

and documentation to be provided in a word processing file or other

electronic format.


After such investigation as the Committee of Program Judges

deems appropriate, the Committee shall notify the Administrative

Office of the Courts that the application has been approved or

disapproved and the reasons for a disapproval. The Administrative

Office of the Courts shall notify the applicant of the action of the

Committee and the reasons for a disapproval.

(5) Court-Approved ADR Practitioner Lists

The Administrative Office of the Courts shall maintain a list:

(A) of mediators who meet the qualifications of Rule 17-205 (b);

(B) of mediators who meet the qualifications of Rule 17-205 (d);

and

(C) of other ADR practitioners who meet the qualifications of

Rule 17-206 (a).


The Administrative Office of the Courts shall attach to the lists

such additional information as the State Court Administrator

specifies, keep the lists current, and transmit a copy of each current

list and attachments to the clerk of each circuit court, who shall make

these items available to the public. Committee note: Examples of information that the State Court Administrator

may specify as attachments to the lists include information about the individual‘s qualifications, experience, and background and any other

information that would be helpful to litigants selecting an individual best

qualified to conduct ADR in a specific case.


After notice and a reasonable opportunity to respond, the

Committee of Program Judges may remove an individual from a

court-approved practitioner list for failure to maintain the

qualifications required by Rule 17-205 or Rule 17-206 (a) or for other

good cause. Source: This Rule is derived in part from former Rule 17-107 (2011) and is in part new.

REPORTER‘S NOTE

Rule 17-207 is derived in part from current Rule 17-107 (a) and

(b).

Subsection (a)(1) states that section (a) does not apply to actions

assigned to the Business Technology Case Management Program or

the Health Care Malpractice ADR Program.

Language is added to subsection (a)(2) which provides that the

clerk is responsible for transmitting each completed application and

accompanying documentation to the county administrative judge or

the judge‘s designee.

Subsection (a)(3) outlines the required documentation to

accompany an application.

Subsection (a)(4) is changed to allow a designee of the county

administrative judge to provide the required notification as to the

approval or disapproval of an application.

Subsection (a)(5) requires the county administrative judge or the

judge‘s designee to maintain a list of court-approved mediators, other

ADR providers, and approved ADR organizations.

Subsection (a)(6) provides for public access to all lists, and to the

applications filed by each individual on the lists.

Stylistic changes are made to subsection (a)(7).

Section (b) carves out similar procedures for the Business and

Technology Case Management Program and the Health Care

Malpractice Claims ADR Program.

The lists in section (b) are state-wide, whereas the lists in section

(a) are specific to each county. The Committee on Program Judges

makes decisions on applications under section (b), whereas, the

county administrative judges make decisions on applications under

section (a).



CHAPTER 200 – PROCEEDING IN CIRCUIT COURT

Rule 17-208. FEE SCHEDULES

(a) Authority to Adopt

Subject to the approval of the Chief Judge of the Court of

Appeals, the county administrative judge of each circuit court shall

develop and adopt maximum hourly rate fee schedules for court-

designated individuals conducting each type of fee-for-service ADR.

In developing the fee schedules, the county administrative judge shall

take into account the availability of qualified individuals willing to

provide those services and the ability of litigants to pay for them.

(b) Compliance

A court-designated ADR practitioner may not charge or accept a

fee for the ADR in excess of that allowed by court order, and the

amount stated in the court order may not exceed the fee stated in the

applicable schedule. Violation of this Rule shall be cause for

removal from court-approved ADR practitioner lists. Committee note: The maximum hourly rates in a fee schedule may vary based on the type the alternative dispute resolution proceeding, the complexity

of the action, and the qualifications of the ADR practitioner.


REPORTER‘S NOTE

Rule 17-208 is derived from current Rule 17-108.

In section (a), three changes are made from current Rule 17-108.

Rule 17-208 states that the ―county administrative judge‖ of each

circuit court ―shall‖ develop and adopt maximum hourly rate fee

schedules for court-designated individuals conducting fee-for-service

ADR. Current Rule 17-108 states that the ―circuit administrative

judge‖ ―may‖ develop and adopt maximum fee schedules fee

schedules. Also, Rule 17-208 requires the adoption of maximum

―hourly rate‖ fee schedules, whereas, under the current Rule, the fee

schedules could be based upon per hour, per case, or per session

charges.

Section (b) provides that an ADR practitioner may not accept or

charge for ADR in a particular case a greater fee than that allowed by

the court‘s order in that case. The fee allowed by the court‘s order

may not exceed the maximum hourly rate set by the fee schedule.

Violation of this Rule is cause for removal from court-approved ADR

provider lists.

A Committee note following section (b) notes that the maximum

hourly rates in the fee schedule may vary based on several factors.

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TITLE 17 - ALTERNATIVE DISPUTE RESOLUTION

CHAPTER 300 - PROCEEDINGS IN THE DISTRICT COURT

TABLE OF CONTENTS

Rule 17-301. ADR OFFICE

(a) Definition

(b) Duties

Rule 17-302. GENERAL PROCEDURES AND REQUIREMENTS

(a) Authority to Order ADR

(b) When Referral Prohibited

(c) Objection by Party

(1) Notice of Right to Object

(2) Consideration of Objection

Rule 17-303. DESIGNATION OF MEDIATORS AND

SETTLEMENT CONFERENCE CHAIRS

(a) Limited to Qualified Individuals

(1) Court-Designated Mediator

(2) Court-Designated Settlement Conference Chair

(b) Designation Procedure

(1) Court Order

(2) Duty of ADR Office

(3) Discretion in Designation or Selection

(4) ADR Practitioner Selected by Agreement of Parties

Rule 17-304. QUALIFICATIONS AND SELECTION OF

MEDIATORS AND SETTLEMENT CONFERENCE

CHAIRS

(a) Qualifications of Court-Designated Mediator

(b) Qualifications of Court-Designated Settlement Conference Chair

(c) Procedure for Approval

(1) Filing Application





Rule 17-305. NO FEE FOR COURT-ORDERED ADR



CHAPTER 300 – PROCEEDINGS IN THE DISTRICT COURT

Rule 17-301. ADR OFFICE

(a) Definition

―ADR Office‖ means the District Court Alternative Dispute

Resolution Office, a unit within the Office of the Chief Judge of the

District Court.

(b) Duties

The ADR Office is responsible for administering the ADR

programs of the District Court. Its duties include processing

applications for approval as ADR practitioners, conducting

orientation for approved ADR practitioners and applicants for

approval as such practitioners, arranging the scheduling of ADR

practitioners at each District Court location, collecting and

maintaining statistical information about the District Court ADR

programs, and performing such other duties involving ADR programs

as are required by the Rules in this Chapter or are assigned by the

Chief Judge of the District Court. Source: This Rule is new.

REPORTER‘S NOTE

Rule 17-301 explains that the ADR Office exists as a unit within

the Office of the Chief Judge of the District Court, and outlines the

duties of the ADR Office.




Rule 17-302. GENERAL PROCEDURES AND REQUIREMENTS

(a) Authority to Order ADR

Except as provided in sections (b) and (c) of this Rule and Rule

17-303, the court, on or before the day of a scheduled trial, may order

a party and the party‘s attorney to participate in one non-fee-for-

service mediation or one non-fee-for-service settlement conference. Committee note: Under this Rule, an order of referral to ADR may be entered

regardless of whether a party is represented by an attorney. This Rule does not preclude the court from offering an additional ADR upon request of the

parties.

(b) When Referral Prohibited

The court may not enter an order of referral to ADR in an action

for a protective order under Code, Family Law Article, Title 4,

Subtitle 5, Domestic Violence.

(c) Objection by Party

(1) Notice of Right to Object

If, on the day of a scheduled trial, an order of referral is

contemplated or entered by the court, the court shall inform the

parties that they have a right to object to the referral at that time. If a

written order of referral is entered and served on the parties prior to

the date of the scheduled trial, the order shall inform the parties that

they have a right to object to a referral and state a reasonable time

and method by which the objection may be made.

(2) Consideration of Objection

(A) If a party objects to a referral, the court shall give the party a

reasonable opportunity to explain the basis of the objection and give

fair and prompt consideration to it.

(B) If the basis of the objection is that the parties previously

engaged in good faith in an ADR process that did not succeed and the

court finds that to be true, the court may offer the opportunity for, but

may not require, participation in a new court-referred mediation or

settlement conference. Source: This Rule is new.

REPORTER‘S NOTE

Rule 17-302 outlines the general procedures and requirements

regarding ADR proceedings in the District Court.

Section (a) provides the District Court with the authority to order a

party and the party‘s attorney to participate in one non-fee-for-service

mediation or one non-fee-for-service settlement conference.

Section (b) prohibits an order of referral to ADR in a protective

order action.

Section (c) provides that the parties may object to a referral to

ADR, and that the court shall give the objecting party a reasonable

opportunity to explain the objection. If a party objects because the

parties have previously engaged in good faith in an ADR process that

did not succeed, the court may not require the parties to engage in a

new court-referred mediation or settlement conference.

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Rule 17-303. DESIGNATION OF MEDIATORS AND

SETTLEMENT CONFERENCE CHAIRS

(a) Limited to Qualified Individuals

(1) Court-Designated Mediator

A mediator designated by the court or pursuant to court order

shall possess the qualifications prescribed in Rule 17-304 (a).

(2) Court-Designated Settlement Conference Chair

A settlement conference chair designated by the court or

pursuant to court order shall possess the qualifications prescribed in

Rule 17-304 (b).

(b) Designation Procedure

(1) Court Order

The court by order may designate an individual to conduct the

ADR or may direct the ADR Office, on behalf of the court, to select a

qualified individual for that purpose.

(2) Duty of ADR Office

If the court directs the ADR Office to select the individual, the

ADR Office may select the individual or may arrange for an ADR

organization to do so. An individual selected by the ADR Office or

by the ADR organization has the status of a court-designated

mediator or settlement conference chair.

(3) Discretion in Designation or Selection

Neither the court nor the ADR Office is required to choose at

random or in any particular order from among the qualified

individuals. They should endeavor to use the services of as many

qualified individuals as practicable, but the court or ADR Office may

consider, in light of the issues and circumstances presented by the

action or the parties, any special training, background, experience,

expertise, or temperament of the available prospective designees.

(4) ADR Practitioner Selected by Agreement of Parties

If the parties agree on the record to participate in ADR but

inform the court of their desire to select an individual of their own

choosing to conduct the ADR, the court may (A) grant the request

and postpone further proceedings for a reasonable time, or (B) deny

any request for postponement and proceed with a scheduled trial. Source: This Rule is new.

REPORTER‘S NOTE

Rule 17-303 outlines the procedures for designating mediators and

settlement conference chairs.

Section (a) provides that the individual shall have the

qualifications prescribed in Rule 17-304.

Section (b) outlines the designation procedure, and provides that

the court may designate an individual to conduct the ADR, or may

direct the ADR office to select a qualified individual.

Subsection (b)(3) provides that neither the court nor the ADR

Office is required to choose at random or in any particular order from

the list of qualified individuals.

Subsection (b)(4) provides that an ADR practitioner may be

selected by agreement of the parties.




Rule 17-304. QUALIFICATIONS AND SELECTION OF

MEDIATORS AND SETTLEMENT CONFERENCE CHAIRS

(a) Qualifications of Court-Designated Mediator

To be designated by the court as a mediator, an individual shall:

(1) unless waived by the parties, be at least 21 years old;

(2) have completed at least 40 hours of basic mediation training in

a program meeting the requirements of (A) Rule 17-104 or (B) for

individuals trained prior to [effective date of the Rule], former Rule

17-106;

(3) be familiar with the Rules in Title 17 of the Maryland Rules;

(4) submit a completed application in the form required by the

ADR Office;

(5) attend an orientation session provided by the ADR Office;

(6) unless waived by the ADR Office, observe, on separate dates,

at least two District Court mediation sessions and participate in a

debriefing with the mediator after each mediation;

(7) unless waived by the ADR Office, mediate on separate dates, at

least two District Court cases while being reviewed by an

experienced mediator or other individual designated by the ADR

Office and participate in a debriefing with the observer after each

mediation;

(8) agree to volunteer at least six days in each calendar year as a

court-designated mediator in the District Court day-of-trial mediation

program;

(9) abide by any mediation standards adopted by the Court of

Appeals;

(10) submit to periodic monitoring by the ADR Office;

(11) in each calendar year complete four hours of continuing

mediation-related education in one or more of the topics set forth in

Rule 17-104; and

(12) comply with the procedures and requirements posted on the

ADR Office‘s website relating to diligence and quality assurance.

(b) Qualifications of Court-Designated Settlement Conference

Chair

To be designated by the court as a settlement conference chair,

an individual shall be:

(1) a judge of the District Court;

(2) a retired judge approved for recall for service under Maryland

Constitution, Article IV, §3A; or

(3) an individual who, unless the parties agree otherwise, shall:

(A) abide by any applicable standards adopted by the Court of

Appeals;

(B) submit to periodic monitoring of court-ordered ADR by a

qualified person designated by the ADR Office;

(C) be a member in good standing of the Maryland Bar and have

at least three years experience in the active practice of law;

(D) unless waived by the court, have completed a training

program of at least six hours that has been approved by the ADR

Office; and

(E) comply with the procedures and requirements posted on the

ADR Office‘s website relating to diligence and quality assurance.

(c) Procedure for Approval

(1) Filing Application

An individual seeking designation to mediate or conduct

settlement conferences in the District Court shall submit to the ADR

Office a completed application substantially in the form required by

that Office. The application shall be accompanied by documentation

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demonstrating that the applicant has met the applicable qualifications

required by this Rule. Committee note: Application forms are available from the ADR Office and on the

Maryland Judiciary‘s website, www.mdcourts.gov/district/forms/general/adr001.pdf.


After such investigation as the ADR Office deems appropriate,

the ADR Office shall notify the applicant of the approval or

disapproval of the application and the reasons for a disapproval.


The ADR Office shall maintain a list:

(A) of mediators who meet the qualifications of section (a) of this

Rule;

(B) of settlement conference chairs who meet the qualifications

set forth in subsection (b)(3) of this Rule; and

(C) of ADR organizations approved by the ADR Office.


The ADR Office shall provide to the Administrative Clerk of

each District a copy of each list for that District maintained pursuant

to subsection (c)(3) of this Rule. The clerk shall make a copy of the

list available to the public at each District Court location. A copy of

the completed application of an individual on a list shall be made

available by the ADR Office upon request.


After notice and a reasonable opportunity to respond, the ADR

Office may remove a person as a mediator or settlement conference

chair for failure to maintain the applicable qualifications of this Rule

or for other good cause. Source: This Rule is new.

REPORTER‘S NOTE

Rule 17-304 outlines the qualifications and selection of mediators

and settlement conference chairs.

Section (a) outlines the required qualifications for a court-

designated mediator.

Subsection (a)(2) requires that a court-designated mediator

complete at least 40 hours of basic mediation training in a program

that meets the requirements of new Rule 17-104. Individuals trained

prior to the effective date of new Rule 17-104, must instead meet the

requirements of current Rule 17-106.

Section (b) outlines the required qualifications for a court-

designated settlement conference chair. The individual may be a

judge, a retired judge, or an individual who meets certain

requirements, unless these requirements are waived by the parties.

The requirements include being a Maryland attorney with at least 3

years of experience and complying with the other requirements listed

in subsection (b)(3).

Section (c) outlines the procedures for the approval of prospective

ADR practitioners, the maintenance of court-approved ADR provider

lists, and the removal of individuals from the lists.




Rule 17-305. NO FEE FOR COURT-ORDERED ADR

District Court litigants and their attorneys shall not be required to

pay a fee or additional court costs for participating in a mediation or

settlement conference before a court-designated ADR practitioner in

the District Court. Source: This Rule is new.

REPORTER‘S NOTE

Rule 17-305 provides that District Court litigants and their

attorneys shall not be required to pay a fee for court-ordered ADR.

In contrast, in circuit court, litigants may be required to pay a fee for

court-ordered ADR under certain circumstances.


TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 200 - DIVORCE, ANNULMENT, ALIMONY,

CHILD SUPPORT,

AND CHILD CUSTODY

DELETE current Rule 9-205 and ADD new Rule 9-205, as

follows:

Rule 9-205. MEDIATION OF CHILD CUSTODY AND

VISITATION DISPUTES

(a) Scope of Rule

This Rule applies to any action or proceeding under this Chapter

in which the custody of or visitation with a minor child is an issue,

including:

(1) an initial action to determine custody or visitation;

(2) an action to modify an existing order or judgment as to custody

or visitation; and

(3) a petition for contempt by reason of non-compliance with an

order or judgment governing custody or visitation.

(b) Duty of Court

(1) Promptly after an action subject to this Rule is at issue, the

court shall determine whether:

(A) mediation of the dispute as to custody or visitation is

appropriate and likely would be beneficial to the parties or the child;

and

(B) a mediator possessing the qualifications set forth in section

(c) of this Rule is available to mediate the dispute.

(2) If a party or a child represents to the court in good faith that

there is a genuine issue of abuse, as defined in Code, Family Law

Article, §4-501, of the party or child, and that, as a result, mediation

would be inappropriate, the court may not order mediation.

(3) If the court concludes that mediation is appropriate and likely

to be beneficial to the parties or the child and that a qualified

mediator is available, it shall enter an order requiring the parties to

mediate the custody or visitation dispute. The order may stay some

or all further proceedings in the action pending the mediation on

terms and conditions set forth in the order. Cross reference: With respect to subsection (b)(2) of this Rule, see Rule 1-341 and Rules 3.1 and 3.3 of the Maryland Lawyers‘ Rules of Professional

Conduct.

(c) Qualifications of Court-Designated Mediator

To be eligible for designation as a mediator by the court, an

individual shall:

(1) have the basic qualifications set forth in Rule 17-205 (a);

(2) have completed at least 20 hours of training in a family

mediation training program that includes:

(A) Maryland law relating to separation, divorce, annulment,

child custody and visitation, and child and spousal support;

(B) the emotional aspects of separation and divorce on adults and

children;

(C) an introduction to family systems and child development

theory;

(D) the interrelationship of custody, visitation, and child support;

and

(E) if the training program is given after [effective date of the

Rule], strategies to (i) identify and respond to power imbalances,

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intimidation, and the presence and effects of domestic violence, and

(ii) safely terminate a mediation when termination is warranted; and

(3) have co-mediated at least eight hours of child access mediation

sessions with an individual approved by the county administrative

judge, or, in addition to any observations during the training program,

have observed at least eight hours of such mediation sessions.

(d) Court Designation of Mediator

(1) In an order referring a matter to mediation, the court shall:

(A) designate a mediator from a list of qualified mediators

approved by the court;

(B) if the court has a unit of court mediators that provides child

access mediation services, direct that unit to select a qualified

mediator; or

(C) direct an ADR organization, as defined in Rule 17-102, to

select a qualified mediator.

(2) If the referral is to a fee-for-service mediation, the order shall

specify the hourly rate that the mediator may charge for mediation in

the action, which may not exceed the maximum stated in the

applicable fee schedule.

(3) A mediator selected pursuant to subsection (d)(1)(B) or

(d)(1)(C) of this Rule has the status of a court-designated mediator.

(4) In designating a mediator, the court is not required to choose at

random or in any particular order. The court should endeavor to use the

services of as many qualified mediators as practicable, but the court may

consider, in light of the issues and circumstances presented by the action

or the parties, any special training, background, experience, expertise, or

temperament of the available prospective designees.

(5) The parties may request to substitute for the court-designated

mediator another mediator who has the qualifications set forth in

Rule 17-205 (a)(1), (2), (3), and (6) and subsection (c)(2) of this

Rule, whether or not the mediator‘s name is on the court‘s list, by

filing with the court no later than 15 days after service of the order of

referral to mediation a Request to Substitute Mediator.

(A) The Request to Substitute Mediator shall be substantially in

the following form:

[Caption of Case]

Request to Substitute Mediator and Selection of Mediator by

Stipulation

We agree to attend mediation proceedings pursuant to Rule 9-205

conducted by ____________________________________________

_______________________________________________________,

(Name, address, and telephone number of mediator)

and we have made payment arrangements with the mediator. We

request that the court substitute this mediator for the mediator

designated by the court.

__________________________ ___________________________


___________________________ __________________________

(Signature of Plaintiff‘s Attorney, (Signature of Defendant‘s


I, ___________________________________________________,

(Name of Mediator)

agree to conduct mediation proceedings in the above-captioned case

in accordance with Rule 9-205 (e), (f), (g), (h), (i) and (j).


qualifications prescribed by Rule 9-205 (d)(5).

___________________________________

Signature of Mediator

(B) If the Request to Substitute Mediator is timely filed, the court

shall enter an order striking the original designation and substituting

the individual selected by the parties to conduct the mediation, unless

the court determines after notice and opportunity to be heard that the

individual does not have the qualifications prescribed by subsection

(d)(5) of this Rule. If no Request to Substitute Mediator is timely

filed, the mediator shall be the court-designated mediator.

(C) A mediator selected by stipulation of the parties and

substituted by the court pursuant to subsection (d)(5)(B) of this Rule

is not subject to the fee schedule provided for in section (j) of this

Rule and Rule 17-208 while conducting mediation proceedings

pursuant to the stipulation and designation, but shall comply with all

other obligations of a court-designated mediator. Committee note: Nothing in this Rule or the Rules in Title 17 prohibits the parties from selecting any individual, regardless of qualifications, to assist

them in the resolution of issues by participating in ADR that is not court-

ordered.

(e) Role of Mediator

The role of a mediator designated by the court or agreed upon by

the parties is as set forth in Rule 17-103.

(f) Confidentiality

Confidentiality of mediation communications under this Rule is

governed by Rule 17-105. Cross reference: For the definition of ―mediation communication,‖ see Rule 17-102 (h).

Committee note: By the incorporation of Rule 17-105 by reference in this

Rule, the intent is that the provisions of the Maryland Mediation Confidentiality Act are inapplicable to mediations under Rule 9-205. See

Code, Courts Article, §3-1802 (b)(1).

(g) Scope of Mediation; Restriction on Fee Increase

(1) The court‘s initial order may require the parties to attend a

maximum of four hours in not more than two mediation sessions.

For good cause and upon the recommendation of the mediator, the

court may order up to four additional hours. The parties, by

agreement, may extend the mediation beyond the number of hours

stated in the initial or any subsequent order. Committee note: Although the parties, without further order of court, may

extend the mediation, an amendment to the time requirements contained in a

scheduling order may be made only by order of the court. Cross reference: See Rule 2-504.

(2) Mediation under this Rule shall be limited to the issues of

custody and visitation unless the parties agree otherwise in writing.

(3) During any extension of the mediation pursuant to subsection

(f)(1) of this Rule or expansion of the issues that are the subject of the

mediation pursuant to subsection (f)(2) of this Rule, the mediator

may not increase the mediator‘s hourly rate for providing services

relating to the action. Cross reference: See Rule 17-208, concerning fee schedules and sanctions for noncompliance with an applicable schedule.

(h) If Agreement

If the parties agree on some or all of the disputed issues, the

mediator shall provide copies of any document embodying the points

of agreement to the parties and their attorneys for review and

signature. If the document is signed by the parties as submitted or as

modified by the parties, a copy of the signed document shall be sent

to the mediator, who shall submit it to the court. Committee note: Mediators often will record points of agreement expressed and adopted by the parties to provide documentation of the results of the

mediation. Because a mediator who is not a Maryland lawyer is not authorized

to practice law in Maryland, and a mediator who is a Maryland lawyer ordinarily would not be authorized to provide legal advice or services to

parties in conflict, a mediator should not be authoring agreements regarding

matters in litigation for the parties to sign. If the parties are represented by counsel, the mediator should advise them not to sign the document embodying

the points of agreement until they have consulted their attorneys. If the

parties, whether represented or not, choose to sign the document, a statement should be added that the points of agreement as recorded by the mediator

constitute the points of agreement expressed and adopted by the parties.

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(i) If No Agreement

If no agreement is reached or the mediator determines that

mediation is inappropriate, the mediator shall so advise the court but

shall not state the reasons. If the court does not order mediation or

the case is returned to the court after mediation without an agreement

as to all issues in the case, the court promptly shall schedule the case

for hearing on any pendente lite or other appropriate relief not

covered by a mediation agreement.

(j) Evaluation Forms

At the conclusion of the mediation, the mediator shall give to the

parties any evaluation forms and instructions provided by the court.

(k) Costs

(1) Fee Schedule

Fee schedules adopted pursuant to Rule 17-208 shall include

maximum fees for mediators designated pursuant to this Rule, and a

court-designated mediator appointed under this Rule may not charge

or accept a fee for a mediation proceeding conducted pursuant to that

designation in excess of that allowed by that schedule.

(2) Payment of Compensation and Expenses

Payment of the compensation and reasonable expenses of a

mediator may be compelled by order of court and assessed among the

parties as the court may direct. In the order for mediation, the court

may waive payment of the compensation and reasonable expenses. Source: This Rule is derived in part from the 2010 version of former Rule 9-

205 and is in part new.

REPORTER‘S NOTE

Rule 9-205, Mediation of Child Custody and Visitation Disputes,

is proposed to replace current Rule 9-205. It is a new, more self-

contained Rule, which is derived from current Rules 9-205, 17-104,

17-106, and 17-103.

Sections (a) and (b) are derived from current Rule 9-205 (a) and

(b). Stylistic changes are made.

Section (c) is derived from current Rules 17-104 (b)(1) and (2)

and 17-106 (b). Stylistic changes are made to section (c), with the

exception of the addition of subsection (c)(2)(E). Subsection

(c)(2)(E) requires a family mediation training program, if it is given

after the effective date of this Rule, to include strategies to identify

and respond to power imbalances, intimidation, and the presence or

effects of domestic violence, and strategies to safely terminate a

mediation when such action is warranted.

Subsections (d)(1) through (3) are new. Subsection (d)(1)

provides that the court may designate a mediator from a court-

approved list, or may direct a unit of court mediators or an ADR

organization to designate a mediator. Subsection (d)(2) provides that

a court order referring a matter to a fee-for-service mediation must

specify the hourly rate that the mediator may charge. Subsection

(d)(3) states that a mediator selected by a unit of court mediators or

an ADR organization pursuant to subsection (d)(1) is deemed to be a

court-designated mediator.

Subsection (d)(4) is derived from 17-103 (c)(4). Stylistic changes

are made.

Subsection (d)(5) is new. It allows the parties to request to

substitute for the court-designated mediator a mediator who has the

qualifications prescribed by the relevant Rules, by filing a Request to

Substitute Mediator with the court no later than 15 days after service

of the order of referral. A form for this purpose is provided in

subsection (d)(5)(A).

Subsection (d)(5)(B) provides that, if the Request to Substitute

Mediator is timely filed, the court shall strike the original

designation, unless the court determines, after notice and an

opportunity to be heard, that the individual does not have the proper

qualifications.

Subsection (d)(5)(C) provides that a mediator selected by

stipulation of the parties and substituted by the court pursuant to

subsection (d)(5)(B) is not subject to the fee schedule, but is required

to comply with all other Rules.

A Committee note following section (d) notes that nothing in any

of the Rules prohibits the parties from selecting any individual,

regardless of qualifications, to participate in ADR that is not court-

ordered.

Section (e) is new. It references the role of a court-designated

mediator, as set forth in Rule 17-103.

Section (f) is derived from current 9-205 (f). A cite to a Rule is

corrected to conform with the numbering and content of the new

Rules. A Committee note following section (f) calls attention to the

inapplicability of the Maryland Mediation Confidentiality Act to

mediations under Rule 9-205.

Subsection (g)(1) is derived from current Rule 9-205 (c). The

current Rule provides that the court‘s initial order of referral may not

require the parties to attend more than two mediation sessions, but is

silent regarding the length of a mediation session. Subsection (g)(1)

is amended to provide that the court‘s initial order may require the

parties to attend not more than four hours of mediation in not more

than two mediation sessions. For good cause, the court may order a

maximum of four additional hours. The parties may agree to extend

the mediation beyond the number of hours stated in the initial order

or any subsequent order.

A Committee note following subsection (g)(1) makes clear that,

although the parties may agree to extend mediation, any time

requirements in a scheduling order that would be affected are not

changed unless the court amends its scheduling order.

Subsection (g)(2) is carried forward without change from current

Rule 9-205 (c).

Subsection (g)(3) is new. It prohibits the mediator from

increasing the mediator‘s hourly rate for providing services relating

to the action.

Section (h) is derived from current Rule 9-205 (d). Language is

both added and deleted regarding the recordation of points of

agreement expressed and adopted by the parties, in order to conform

to the concepts in Rule 17-103, Role of Mediator and its

accompanying Committee note.

Following section (h), a new Committee note replaces a

Committee note that follows section (d) of the current Rule. The new

Committee note mirrors the Committee note following new Rule 17-

103.

Section (i) is carried forward without change from Rule 9-205 (e).

Section (j) is new. It requires the mediator to give to the parties

any evaluation forms and instructions provided by the court. This

section is added at the request of a circuit court judge. It ensures that

the parties have the opportunity to evaluate the ADR practitioner, that

the court is informed regarding the status of the case, and that the

court receives information from which statistics can be generated.

Subsection (k)(1), regarding fee schedules, is new.

Subsection (k)(2) is carried forward from current Rule 9-205 (g),

with stylistic changes.

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TITLE 2 - CIVIL PROCEDURE - CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-504.1 to conform terminology and internal

references to the revision of the Rules in Title 17, as follows:

Rule 2-504.1. SCHEDULING CONFERENCE

. . .

(c) Order for Scheduling Conference

An order setting a scheduling conference may require that the

parties, at least ten days before the conference:

(1) complete sufficient initial discovery to enable them to

participate in the conference meaningfully and in good faith and to

make decisions regarding (A) settlement, (B) consideration of

available and appropriate forms of alternative dispute resolution, (C)

limitation of issues, (D) stipulations, (E) any issues relating to

preserving discoverable information, (F) any issues relating to

discovery of electronically stored information, including the form in

which it is to be produced, (G) any issues relating to claims of

privilege or of protection, and (H) other matters that may be

considered at the conference; and

(2) confer in person or by telephone and attempt to reach

agreement or narrow the areas of disagreement regarding the matters

that may be considered at the conference and determine whether the

action or any issues in the action are suitable for referral to [an]

alternative dispute resolution [process] in accordance with Title 17,

Chapters 100 and 200 of these Rules. Committee note: Examples of matters that may be considered at a scheduling conference when discovery of electronically stored information is expected,

include:

(1) its identification and retention; (2) the form of production, such as PDF, TIFF, or JPEG files, or native

form, for example, Microsoft Word, Excel, etc.; (3) the manner of production, such as CD-ROM;

(4) any production of indices;

(5) any electronic numbering of documents and information; (6) apportionment of costs for production of electronically stored

information not reasonably accessible because of undue burden or cost;

(7) a process by which the parties may assert claims of privilege or of protection after production; and

(8) whether the parties agree to refer discovery disputes to a master or

Special Master. The parties may also need to address any request for metadata, for

example, information embedded in an electronic data file that describes how,

when, and by whom it was created, received, accessed, or modified or how it is formatted. For a discussion of metadata and factors to consider in

determining the extent to which metadata should be preserved and produced

in a particular case, see, The Sedona Conference, The Sedona Principles: Best Practices Recommendations and Principles for Addressing Electronic

Document Production, (2d ed. 2007), Principle 12 and related Comment.

. . .

(e) Scheduling Order

Case management decisions made by the court at or as a result

of a scheduling conference shall be included in a scheduling order

entered pursuant to Rule 2-504. A court may not order a party or

counsel for a party to participate in [an] alternative dispute resolution

[process] under Rule 2-504 except in accordance with Rule 9-205 or

Rule [17-103] 17-201.

Source: This Rule is new.

REPORTER‘S NOTE

The amendments to Rule 2-504.1 conform terminology and

internal references to the revision of the Rules in Title 17.


TITLE 14 - SALES OF PROPERTY

CHAPTER 200 - FORECLOSURE OF LIEN INSTRUMENTS

AMEND Rule 14-212 to conform internal references to the

revision of the Rules in Title 17, as follows:

Rule 14-212. ALTERNATIVE DISPUTE RESOLUTION

(a) Applicability

This Rule applies to actions that are ineligible for foreclosure

mediation under Code, Real Property Article, §7- 105.1.

(b) Referral to Alternative Dispute Resolution

In an action in which a motion to stay the sale and dismiss the

action has been filed, and was not denied pursuant to Rule 14-211

(b)(1), the court at any time before a sale of the property subject to

the lien may refer a matter to mediation or another appropriate form

of alternative dispute resolution, subject to the provisions of Rule

[17-103] 17-201, and may require that individuals with authority to

settle the matter be present or readily available for consultation.

Cross reference: For qualifications of a mediator other than one

selected by agreement of the parties, see Rule [17-104 (f)] 17-205 (e).


REPORTER‘S NOTE

Amendments to Rule 14-212 conform internal references to the

revision of the Rules in Title 17.


TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-521 (d) to add a sentence requiring the court to

place on the record certain information pertaining to communications

with the jury, as follows:

Rule 2-521. JURY - REVIEW OF EVIDENCE -

COMMUNICATIONS

. . .

(d) Communications with Jury

The court shall notify the parties of the receipt of any

communication from the jury pertaining to the action as promptly as

practicable and in any event before responding to the communication.

All such communications between the court and the jury shall be on

the record in open court or shall be in writing and filed in the action.

The court shall state on the record the nature of the communication,

that the parties were notified of the communication, and how the

communication was addressed. The clerk or the court shall note on a

written communication the date and time it was received from the

jury.

. . .

REPORTER‘S NOTE

In some cases on appeal, the record is insufficient to allow the

appellate court to review how the trial court handled a

communication from the jury. Proposed amendments to Rules 2-521

(d) and 4-326 (d) require the court to state on the record the nature of

the communication from the jury, the fact that the parties were

notified of the communication, and how the communication was

addressed.

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TITLE 4 - CRIMINAL CAUSES

CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-326 (d) to add a sentence requiring the court to

place on the record certain information pertaining to

communications with the jury, as follows:

Rule 4-326. JURY - REVIEW OF EVIDENCE -

COMMUNICATIONS

. . .

(d) Communications with Jury

The court shall notify the defendant and the State‘s Attorney of

the receipt of any communication from the jury pertaining to the

action as promptly as practicable and in any event before responding

to the communication. All such communications between the court

and the jury shall be on the record in open court or shall be in writing

and filed in the action. The court shall state on the record the nature

of the communication, that the defendant and the State’s Attorney

were notified of the communication, and how the communication was

addressed. The clerk or the court shall note on a written

communication the date and time it was received from the jury.

. . .

REPORTER‘S NOTE

See the Reporter‘s note to Rule 2-521.


TITLE 15 - OTHER SPECIAL PROCEEDINGS

CHAPTER 1000 - OTHER SPECIAL PROCEEDINGS

AMEND Rule 15-1001 to add a Committee note following section

(a); to add to the cross reference following section (a) language

concerning statutes of limitations; to reverse the order of sections (c)

and (d); to add language to section (c) requiring a good faith and

reasonably diligent effort with respect to identifying, locating, and

naming plaintiffs; to add a specific form of notice to use plaintiffs; to

change the procedure for service of the complaint and notice; to add

new section (e) providing for a waiver by inaction; to add new

section (f) concerning use plaintiffs identified after a complaint is

filed; and generally to implement holdings of the Court in University

of Md. Medical Systems v. Muti, 426 Md. 358 (2012), as follows:

Rule 15-1001. WRONGFUL DEATH

(a) Applicability

This Rule applies to an action involving a claim for damages for

wrongful death. Committee note: Under Code, Courts Article, §3-903 (a), if the wrongful act

causing the decedent’s death occurred in the District of Columbia or in

another State or territory of the United States, a Maryland court must apply the substantive law of that jurisdiction. Under Code, Courts Article, §3-903

(b), however, a Maryland court must apply the Maryland Rules of pleading

and procedure. This Rule sets forth the pleading and procedural requirements particularly applicable to a wrongful death action filed in a

Maryland court.

Cross reference: See Code, Courts Article, §§3-901 through 3-904, relating to wrongful death claims generally. See Code, Courts Article, §3-905 (g) for the

statute of limitations generally and §5-201 (a) for statutes of limitations as to

wrongful death claims involving minors, individuals under a disability, and actions arising from criminal homicide. See Code, Courts Article, §5-806,

relating to wrongful death claims between parents and children arising out of

the operation of a motor vehicle. See also Code, Labor and Employment Article, §9-901 et seq. relating to wrongful death claims when workers‘

compensation may also be available, and Code, Insurance Article, §20-601,

relating to certain wrongful death claims against the Maryland Automobile

Insurance Fund. See also Code, Estates and Trusts Article, §8-103, relating to

the limitation on presentation of claims against a decedent‘s estate.

(b) Required Plaintiffs

[If the wrongful act occurred in this State, all] All persons who

are or may be entitled by law to claim damages by reason of the

wrongful death shall be named as plaintiffs whether or not they join

in the action. The words ―to the use of‖ shall precede the name of any

person named as a plaintiff who does not join in the action.

[(d)] (c) Complaint

[In addition to complying with Rules 2-303 through 2-305, the]

The complaint shall state (1) the relationship of each plaintiff to the

decedent whose death is alleged to have been caused by the wrongful

act[.] , (2) the last known address of each use plaintiff, and (3) that

the party bringing the action conducted a good faith and reasonably

diligent effort to identify, locate, and name as use plaintiffs all

individuals who might qualify as use plaintiffs. The court may not

dismiss a complaint for failure to join all use plaintiffs if the court

finds that the party bringing the action made such a good faith and

reasonably diligent effort.

[(c)] (d) Notice to Use Plaintiff

The party bringing the action shall [mail] serve a copy of the

complaint [by certified mail to any use plaintiff at the use plaintiff ‗s

last known address. Proof of mailing shall be filed as provided in

Rule 2-126.] on each use plaintiff pursuant to Rule 2-121. The

complaint shall be accompanied by a notice in substantially the

following form:

[Caption of case]

NOTICE TO [Name of Use Plaintiff]

You may have a right under Maryland law to claim an award of

damages in this action. You should consult Maryland Code, §3-904

of the Courts Article for eligibility requirements. Only one action on

behalf of all individuals entitled to make a claim is permitted. If you

decide to make a claim, you must file with the clerk of the court in

which this action is pending a motion to intervene in the action in

accordance with the Maryland Rules no later that the earlier of (1)

the applicable deadline stated in §3-904 (g) and §5-201 (a) of the

Courts Article [―the statutory deadline‖] or (2) 30 days after being

served with the complaint and this Notice if you reside in Maryland,

60 days after being served if you reside elsewhere in the United

States, or 90 days after being served if you reside outside of the

United States [―the served notice deadline‖]. You may represent

yourself, or you may obtain an attorney to represent you. If the court

does not receive your written motion to intervene by the earlier of the

applicable deadlines, the court may find that you have lost your right

to participate in the action and claim any recovery.

(e) Waiver by Inaction

(1) Definitions

In this section and in section (f) of this Rule, ―statutory

deadline‖ means the applicable deadline stated in Code, Courts

Article, §3-904 (g) and §5-201 (a), and ―served notice deadline‖

means the additional applicable deadline stated in the notice given

pursuant to section (d) of this Rule.

(2) Failure to Satisfy Statutory Time Requirements

An individual who fails to file a complaint or motion to

intervene by the statutory deadline may not participate in the action

or claim a recovery.

(3) Other Late Filing

If a use plaintiff who is served with a complaint and notice in

accordance with section (d) of this Rule does not file a motion to

intervene by the served notice deadline, the use plaintiff may not

participate in the action or claim any recovery unless, for good cause

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shown, the court excuses the late filing. The court may not excuse the

late filing if the statutory deadline is not met.

(f) Subsequently Identified Use Plaintiff

Notwithstanding any time limitations contained in Rule

2-341 or in a scheduling order entered pursuant to Rule 2-504, if,

despite conducting a good faith and reasonably diligent effort to

identify, locate, and name all use plaintiffs, an individual entitled to

be named as a use plaintiff is not identified until after the complaint

is filed, but is identified by the statutory deadline, the newly identified

use plaintiff shall be added by amendment to the complaint as soon

as practicable and served in accordance with section (d) of this Rule

and Rule 2-341 (d). Source: This Rule is derived as follows:

Section (a) is derived from former Rule Q40.

Section (b) is derived from former Rule Q41 a. Section [(d)] (c) is derived in part from former Rule Q42 and is in part new.

Section [(c)] (d) is new.

Section (e) is new. Section (f) is new.

REPORTER‘S NOTE

The consolidated cases of Ace American Insurance, et al. v.

Williams, et al. and Williams, et al. v. Work, et al., 418 Md. 400

(2011) address the issue of notice to use plaintiffs in wrongful death

actions. A judge of the Court of Appeals requested that the Rules

Committee consider whether any changes to the Rules pertaining to

notice to use plaintiffs as a means of protecting statutory beneficiaries

are necessary. The Rules Committee recommends expanding the

notice provision in Rule 15-1001 to include a specific form of notice

to use plaintiffs and changing the way notice is served on use

plaintiffs. Instead of notice sent by certified mail to the last known

address of the use plaintiff, the amendment requires service in

accordance with Rule 2-121.

A new Committee note following section (a) calls attention to

statutory provisions governing the applicability of substantive and

procedural law when the wrongful act that caused the decedent‘s

death occurred outside the State of Maryland.

References to Code, Courts Article, §§3-905 (g) and 5-201 (a)

[concerning statutes of limitations] are added to the cross reference

following section (a).

An amendment to section (b) unifies the procedure for all

wrongful death cases that are filed in Maryland, regardless of

whether the wrongful death occurred in Maryland.

In University of Maryland Medical Systems Corporation v. Muti,

426 Md. 358 (2012), the Court held that identifying all use plaintiffs

within three years of death is not a condition precedent to

maintaining the cause of action by joined plaintiffs. Borrowing

language from Muti, the amendment to section (c) requires the party

filing suit to affirmatively plead that a ―good faith and reasonably

diligent‖ effort has been made to identify, locate, and name all use

plaintiffs. If that effort is made, the court may not dismiss the

complaint for failure to join all use plaintiffs.

A stylistic change, reversing the order of current sections (c) and

(d), is made.

Amendments to section (d) change the procedure for service of the

complaint and accompanying notice by requiring service in

accordance with Rule 2-121. The amendments also add a specific

form of notice to use plaintiffs. The notice informs use plaintiffs of a

potential right to claim damages, provides basic instructions for

participation in the action, and warns use plaintiffs concerning a

potential waiver by inaction.

New section (e) implements the waiver stated in the notice.

Although a court may excuse late filing by a plaintiff who fails to

meet the ―served notice deadline,‖ the court may not excuse late

filing by a plaintiff who fails to meet the ―statutory deadline,‖ as

those terms are defined in the Rule.

New section (f) requires the amendment of a complaint to add a

use plaintiff who is identified subsequent to the filing of the original

complaint.



CHAPTER 200 - PRETRIAL PROCEDURES

AMEND Rule 4-216 to add language to section (e) regarding

provisional representation by the Public Defender and to correct an

internal reference in subsection (f)(3), as follows:

Rule 4-216. PRETRIAL RELEASE – AUTHORITY OF JUDICIAL

OFFICER; PROCEDURE

(a) Arrest Without Warrant

If a defendant was arrested without a warrant, the judicial officer

shall determine whether there was probable cause for each charge and

for the arrest and, as to each determination, make a written record. If

there was probable cause for at least one charge and the arrest, the

judicial officer shall implement the remaining sections of this Rule.

If there was no probable cause for any of the charges or for the arrest,

the judicial officer shall release the defendant on personal

recognizance, with no other conditions of release, and the remaining

sections of this Rule are inapplicable. Cross reference: See Rule 4-213 (a)(4).

(b) Communications with Judicial Officer

Except as permitted by Rule 2.9 (a)(1) and (2) of the Maryland

Code of Conduct for Judicial Appointees or Rule 2.9 (a)(1) and (2) of

the Maryland Code of Judicial Conduct, all communications with a

judicial officer regarding any matter required to be considered by the

judicial officer under this Rule shall be (1) in writing, with a copy

provided, if feasible, but at least shown or communicated by the

judicial officer to each party who participates in the proceeding

before the judicial officer, and made part of the record, or (2) made

openly at the proceeding before the judicial officer. Each party who

participates in the proceeding shall be given an opportunity to

respond to the communication. Cross reference: See also Rule 3.5 (a) of the Maryland Lawyers‘ Rules of Professional Conduct.

(c) Defendants Eligible for Release by Commissioner or Judge

In accordance with this Rule and Code, Criminal Procedure

Article, §§5-101 and 5-201 and except as otherwise provided in

section (d) of this Rule or by Code, Criminal Procedure Article, §§5-

201 and 5-202, a defendant is entitled to be released before verdict on

personal recognizance or on bail, in either case with or without

conditions imposed, unless the judicial officer determines that no

condition of release will reasonably ensure (1) the appearance of the

defendant as required and (2) the safety of the alleged victim, another

person, and the community.

(d) Defendants Eligible for Release Only by a Judge

A defendant charged with an offense for which the maximum

penalty is death or life imprisonment or with an offense listed under

Code, Criminal Procedure Article, §5-202 (a), (b), (c), (d), (e), (f) or

(g) may not be released by a District Court Commissioner, but may

be released before verdict or pending a new trial, if a new trial has

been ordered, if a judge determines that all requirements imposed by

law have been satisfied and that one or more conditions of release

will reasonably ensure (1) the appearance of the defendant as

required and (2) the safety of the alleged victim, another person, and

the community.

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(e) Initial Appearance Before a Judge

(1) Applicability

This section applies to an initial appearance before a judge. It

does not apply to an initial appearance before a District Court

commissioner.

(2) [Duty of Public Defender] Provisional Representation

(A) Duty of Public Defender

Unless another attorney has entered an appearance or the

defendant has waived the right to counsel for purposes of an initial

appearance before a judge in accordance with this section, the Public

Defender shall provide provisional representation to an eligible

defendant at the initial appearance. Provisional representation under

this subsection shall be limited solely to the initial appearance and

shall terminate automatically upon the conclusion of the proceeding.

This subsection prevails over any inconsistent provision in Rule 4-

214. Cross reference: See Code, Criminal Procedure Article, §16-210 (c)(4).

(B) Advice by Court

If the Public Defender provides provisional representation at

the initial appearance, the court shall:

(i) comply with the requirements of Rule 4-415 (a) as though

the defendant had appeared without counsel, and

(ii) advise the defendant that any further representation by the

Public Defender will depend on a timely application for such

representation by the defendant and a determination that the

defendant is an indigent individual, as defined in Code, Criminal

Procedure Article, §§16-101 (d) and 16-210 (b).

(3) Waiver of Counsel for Initial Appearance

(A) Unless [an] the Public Defender is providing provisional

representation or another attorney has entered an appearance, the

court shall advise the defendant that:

(i) the defendant has a right to counsel at this proceeding;

(ii) an attorney can be helpful in advocating that the defendant

should be released on recognizance or on bail with minimal

conditions and restrictions; and

(iii) if the defendant is eligible, the Public Defender will

represent the defendant at this proceeding.

(B) If the defendant indicates a desire to waive counsel and the

court finds that the defendant knowingly and voluntarily waives the

right to counsel for purposes of the initial appearance, the court shall

announce on the record that finding and proceed pursuant to this

Rule.

(C) Any waiver found under this section applies only to the initial

appearance.

(4) Waiver of Counsel for Future Proceedings

For proceedings after the initial appearance, waiver of counsel

is governed by Rule 4-215. Cross reference: For the requirement that the court also advise the defendant

of the right to counsel generally, see Rule 4-215 (a).

(f) Duties of Judicial Officer

(1) Consideration of Factors

In determining whether a defendant should be released and the

conditions of release, the judicial officer shall take into account the

following information, to the extent available:

(A) the nature and circumstances of the offense charged, the

nature of the evidence against the defendant, and the potential

sentence upon conviction;

(B) the defendant‘s prior record of appearance at court

proceedings or flight to avoid prosecution or failure to appear at court

proceedings;

(C) the defendant‘s family ties, employment status and history,

financial resources, reputation, character and mental condition, length

of residence in the community, and length of residence in this State;

(D) any recommendation of an agency that conducts pretrial

release investigations;

(E) any recommendation of the State‘s Attorney;

(F) any information presented by the defendant or defendant‘s

counsel;

(G) the danger of the defendant to the alleged victim, another

person, or the community;

(H) the danger of the defendant to himself or herself; and

(I) any other factor bearing on the risk of a wilful failure to

appear and the safety of the alleged victim, another person, or the

community, including all prior convictions and any prior

adjudications of delinquency that occurred within three years of the

date the defendant is charged as an adult.

(2) Statement of Reasons - When Required

Upon determining to release a defendant to whom section (c) of

this Rule applies or to refuse to release a defendant to whom section

(b) of this Rule applies, the judicial officer shall state the reasons in

writing or on the record.

(3) Imposition of Conditions of Release

If the judicial officer determines that the defendant should be

released other than on personal recognizance without any additional

conditions imposed, the judicial officer shall impose on the defendant

the least onerous condition or combination of conditions of release

set out in section [(e)] (g) of this Rule that will reasonably:

(A) ensure the appearance of the defendant as required,

(B) protect the safety of the alleged victim by ordering the

defendant to have no contact with the alleged victim or the alleged

victim‘s premises or place of employment or by other appropriate

order, and

(C) ensure that the defendant will not pose a danger to another

person or to the community.

(4) Advice of Conditions; Consequences of Violation; Amount and

Terms of Bail

The judicial officer shall advise the defendant in writing or on

the record of the conditions of release imposed and of the

consequences of a violation of any condition. When bail is required,

the judicial officer shall state in writing or on the record the amount

and any terms of the bail.

(g) Conditions of Release

The conditions of release imposed by a judicial officer under this

Rule may include:

(1) committing the defendant to the custody of a designated person

or organization that agrees to supervise the defendant and assist in

ensuring the defendant‘s appearance in court;

(2) placing the defendant under the supervision of a probation

officer or other appropriate public official;

(3) subjecting the defendant to reasonable restrictions with respect

to travel, association, or residence during the period of release;

(4) requiring the defendant to post a bail bond complying with

Rule 4-217 in an amount and on conditions specified by the judicial

officer, including any of the following:

(A) without collateral security;

(B) with collateral security of the kind specified in Rule 4-217

(e)(1)(A) equal in value to the greater of $100.00 or 10% of the full

penalty amount, and if the judicial officer sets bail at $2500 or less,

the judicial officer shall advise the defendant that the defendant may

post a bail bond secured by either a corporate surety or a cash deposit

of 10% of the full penalty amount;

(C) with collateral security of the kind specified in Rule 4-217

(e)(1)(A) equal in value to a percentage greater than 10% but less

than the full penalty amount;

(D) with collateral security of the kind specified in Rule 4-217

(e)(1) equal in value to the full penalty amount; or

(E) with the obligation of a corporation that is an insurer or other

surety in the full penalty amount;

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(5) subjecting the defendant to any other condition reasonably

necessary to:

(A) ensure the appearance of the defendant as required,

(B) protect the safety of the alleged victim, and

(C) ensure that the defendant will not pose a danger to another

person or to the community; and

(6) imposing upon the defendant, for good cause shown, one or

more of the conditions authorized under Code, Criminal Law Article,

§9-304 reasonably necessary to stop or prevent the intimidation of a

victim or witness or a violation of Code, Criminal Law Article, §9-

302, 9-303, or 9-305. Cross reference: See Code, Criminal Procedure Article, §5-201 (a)(2)

concerning protections for victims as a condition of release. See Code, Criminal Procedure Article, §5-201 (b), and Code, Business Occupations and

Professions Article, Title 20, concerning private home detention monitoring as

a condition of release.

(h) Title 5 Not Applicable

Title 5 of these rules does not apply to proceedings conducted

under this Rule. Source: This Rule is derived in part from former Rule 721, M.D.R. 723 b 4,

and is in part new.

REPORTER‘S NOTE

Amendments to Rules 4-216 and 4-216.1 provide for provisional

representation of eligible defendants by the Public Defender at an

initial appearance before a judge (Rule 4-216) and at a bail review

hearing (Rule 4-261.1). The provisional representation automatically

terminates at the conclusion of the proceeding.

Because the defendant, upon termination of the proceeding, will

no longer have an attorney, provisions are included in both Rules

requiring the court to (1) comply with the requirements of Rule 4-415

(a) as though the defendant had appeared without counsel and (2)

advise the defendant to timely file an application with the Public

Defender if the defendant seeks further representation by the Public

Defender.

An amendment to Rule 4-216 (f)(3) corrects an internal reference

in that subsection.

In Rule 4-214, the addition of two cross references highlight the

provisions of Rules 4-216 and 4-216.1 pertaining to the automatic

termination of the appearance of the Public Defender upon the

conclusion of an initial appearance before a judge and upon the

conclusion of a review hearing.




AMEND Rule 4-216.1 to add language to section (a) regarding

provisional representation by the Public Defender, as follows:

Rule 4-216.1. FURTHER PROCEEDINGS REGARDING

PRETRIAL RELEASE

(a) Review of Pretrial Release Order Entered by Commissioner

(1) Generally

A defendant who is denied pretrial release by a commissioner

or who for any reason remains in custody after a commissioner has

determined conditions of release pursuant to Rule 4-216 shall be

presented immediately to the District Court if the court is then in

session, or if not, at the next session of the court. Cross reference: See Rule 4-231 (d) concerning the presence of a defendant

by video conferencing.

(2) Counsel for Defendant

(A) [Duty of Public Defender] Provisional Representation

(i) Duty of Public Defender

Unless another attorney has entered an appearance or the

defendant has waived the right to counsel for purposes of the review

hearing in accordance with this section, the Public Defender shall

provide provisional representation to an eligible defendant at the

review hearing. Provisional representation under this subsection

shall be limited solely to the review hearing and shall terminate

automatically upon the conclusion of the hearing. This subsection

prevails over any inconsistent provision in Rule 4-214. Cross reference: See Code, Criminal Procedure Article, §16-210 (c)(4).

(ii) Advice by Court

If the Public Defender provides provisional representation

at the review hearing, the court shall:

(a) comply with the requirements of Rule 4-415 (a) as though

the defendant had appeared without counsel, and

(b) advise the defendant that any further representation by the

Public Defender will depend on a timely application for such

representation by the defendant and a determination that the

defendant is an indigent individual, as defined in Code, Criminal

procedure Article, §§16-101 (d) and 16-210 (b).

(B) Waiver

(i) Unless [an] the Public Defender is providing provisional

representation or another attorney has entered an appearance, the

court shall advise the defendant that:

(a) the defendant has a right to counsel at the review hearing;

(b) an attorney can be helpful in advocating that the defendant

should be released on recognizance or on bail with minimal

conditions and restrictions; and

(c) if the defendant is eligible, the Public Defender will

represent the defendant at this proceeding.

(ii) If the defendant indicates a desire to waive counsel and the

court finds that the defendant knowingly and voluntarily waives the

right to counsel for purposes of the review hearing, the court shall

announce on the record that finding and proceed pursuant to this

Rule.

(iii) Any waiver found under this Rule applies only to the review

hearing.

(C) Waiver of Counsel for Future Proceedings

For proceedings after the review hearing, waiver of counsel is

governed by Rule 4-215. Cross reference: For the requirement that the court also advise the defendant

of the right to counsel generally, see Rule 4-215 (a).

(3) Determination by Court

The District Court shall review the commissioner‘s pretrial

release determination and take appropriate action in accordance with

Rule 4-216 (f) and (g). If the court determines that the defendant will

continue to be held in custody after the review, the court shall set

forth in writing or on the record the reasons for the continued

detention.

(4) Juvenile Defendant

If the defendant is a child whose case is eligible for transfer to

the juvenile court pursuant to Code, Criminal Procedure Article, §4-

202 (b), the District Court, regardless of whether it has jurisdiction

over the offense charged, may order that a study be made of the child,

the child‘s family, or other appropriate matters. The court also may

order that the child be held in a secure juvenile facility.

(b) Continuance of Previous Conditions

When conditions of pretrial release have been previously

imposed in the District Court, the conditions continue in the circuit

court unless amended or revoked pursuant to section (c) of this Rule.

(c) Amendment of Pretrial Release Order

After a charging document has been filed, the court, on motion of

any party or on its own initiative and after notice and opportunity for

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hearing, may revoke an order of pretrial release or amend it to impose

additional or different conditions of release. If its decision results in

the detention of the defendant, the court shall state the reasons for its

action in writing or on the record. A judge may alter conditions set by

a commissioner or another judge.

(d) Supervision of Detention Pending Trial

In order to eliminate unnecessary detention, the court shall

exercise supervision over the detention of defendants pending trial. It

shall require from the sheriff, warden, or other custodial officer a

weekly report listing each defendant within its jurisdiction who has

been held in custody in excess of seven days pending preliminary

hearing, trial, sentencing, or appeal. The report shall give the reason

for the detention of each defendant.

(e) Violation of Condition of Release

A court may issue a bench warrant for the arrest of a defendant

charged with a criminal offense who is alleged to have violated a

condition of pretrial release. After the defendant is presented before

a court, the court may (1) revoke the defendant‘s pretrial release or

(2) continue the defendant‘s pretrial release with or without

conditions. Cross reference: See Rule 1-361, Execution of Warrants and Body

Attachments. See also, Rule 4-347, Proceedings for Revocation of Probation,

which preserves the authority of a judge issuing a warrant to set the conditions of release on an alleged violation of probation.

(f) Title 5 Not Applicable

Title 5 of these rules does not apply to proceedings conducted

under this Rule. Source: This Rule is new but is derived, in part, from former sections (f), (g), (h), (i), (j), and (k) of Rule 4-216.

REPORTER‘S NOTE





AMEND Rule 4-214 to add cross references following sections (a)

and (d), as follows:

Rule 4-214. DEFENSE COUNSEL

(a) Appearance

Counsel retained or appointed to represent a defendant shall

enter an appearance in writing within five days after accepting

employment, after appointment, or after the filing of the charging

document in court, whichever occurs later. An appearance entered in

the District Court will automatically be entered in the circuit court

when a case is transferred to the circuit court because of a demand for

jury trial. In any other circumstance, counsel who intends to continue

representation in the circuit court after appearing in the District Court

must re-enter an appearance in the circuit court. Cross reference: See Rules 4-216 (e)(2)(A) and 4-216.1 (a)(2)(A)(i) with

respect to the automatic termination of the appearance of the Public Defender upon the conclusion of an initial appearance before a judge and upon the

conclusion of a hearing to review a pretrial release decision of a commissioner.

. . .

(d) Striking Appearance

A motion to withdraw the appearance of counsel shall be made

in writing or in the presence of the defendant in open court. If the

motion is in writing, moving counsel shall certify that a written notice

of intention to withdraw appearance was sent to the defendant at least

ten days before the filing of the motion. If the defendant is

represented by other counsel or if other counsel enters an appearance

on behalf of the defendant, and if no objection is made within ten

days after the motion is filed, the clerk shall strike the appearance of

moving counsel. If no other counsel has entered an appearance for the

defendant, leave to withdraw may be granted only by order of court.

The court may refuse leave to withdraw an appearance if it would

unduly delay the trial of the action, would be prejudicial to any of the

parties, or otherwise would not be in the interest of justice. If leave is

granted and the defendant is not represented, a subpoena or other writ

shall be issued and served on the defendant for an appearance before

the court for proceedings pursuant to Rule 4-215. Cross reference: Code, Courts Article, §6-407 (Automatic Termination of

Appearance of Attorney). See Rules 4-216 (e)(2)(A) and 4-216.1 (a)(2)(A)(i) with respect to the automatic termination of the appearance of the Public

Defender upon the conclusion of an initial appearance before a judge and

upon the conclusion of a hearing to review a pretrial release decision of a commissioner.

Source: This Rule is in part derived from former Rule 725 and M.D.R. 725

and in part from the 2009 version of Fed. R. Crim. P. 44.

REPORTER‘S NOTE





AMEND Rule 4-242 to add a Committee note after section (a); to

clarify that section (c) applies to all pleas of guilty, including a

conditional plea of guilty; to add a new section (d) pertaining to

conditional pleas of guilty; to add to section (h) references to

conditional pleas of guilty; and to make stylistic changes, as follows:

Rule 4-242. PLEAS

(a) Permitted Pleas

A defendant may plead not guilty, guilty, or, with the consent of

the court, nolo contendere. In addition to any of these pleas, the

defendant may enter a plea of not criminally responsible by reason of

insanity. Committee note: It has become common in some courts for defendants to enter a plea of not guilty but, in lieu of a normal trial, to proceed on an

agreed statement of ultimate fact to be read into the record or on a statement

of proffered evidence to which the defendant stipulates, the purpose being to avoid the need for the formal presentation of evidence but to allow the

defendant to argue the sufficiency of the agreed facts or evidence and to appeal from a judgment of conviction. That kind of procedure is permissible

only if there is no material dispute in the statement of facts or evidence. See

Bishop v. State, 417 Md. 1 (2010); Harrison v. State, 382 Md. 477 (2004); Morris v. State, 418 Md. 194 (2011). Parties to a criminal action in a circuit

court who seek to avoid a formal trial but to allow the defendant to appeal

from specific adverse rulings are encouraged to proceed by way of a conditional plea of guilty pursuant to section (d) of this Rule, to the extent that

section is applicable.

(b) Method of Pleading

(1) Manner

A defendant may plead not guilty personally or by counsel on

the record in open court or in writing. A defendant may plead guilty

or nolo contendere personally on the record in open court, except that

a corporate defendant may plead guilty or nolo contendere by counsel

or a corporate officer. A defendant may enter a plea of not criminally

responsible by reason of insanity personally or by counsel and the

plea shall be in writing.

(2) Time in the District Court

In District Court the defendant shall initially plead at or before

the time the action is called for trial.

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(3) Time in Circuit Court

In circuit court the defendant shall initially plead within 15

days after the earlier of the appearance of counsel or the first

appearance of the defendant before the circuit court pursuant to Rule

4-213 (c). If a motion, demand for particulars, or other paper is filed

that requires a ruling by the court or compliance by a party before the

defendant pleads, the time for pleading shall be extended, without

special order, to 15 days after the ruling by the court or the

compliance by a party. A plea of not criminally responsible by

reason of insanity shall be entered at the time the defendant initially

pleads, unless good cause is shown.

(4) Failure or Refusal to Plead

If the defendant fails or refuses to plead as required by this

section, the clerk or the court shall enter a plea of not guilty. Cross reference: See Treece v. State, 313 Md. 665 (1988), concerning the

right of a defendant to decide whether to interpose the defense of insanity.

(c) Plea of Guilty

The court may not accept a plea of guilty, including a

conditional plea of guilty, until after an examination of the defendant

on the record in open court conducted by the court, the State‘s

Attorney, the attorney for the defendant, or any combination thereof,

the court determines and announces on the record that (1) the

defendant is pleading voluntarily, with understanding of the nature of

the charge and the consequences of the plea; and (2) there is a factual

basis for the plea. In addition, before accepting the plea, the court

shall comply with section [(e)] (f) of this Rule. The court may accept

the plea of guilty even though the defendant does not admit guilt.

Upon refusal to accept a plea of guilty, the court shall enter a plea of

not guilty.

(d) Conditional Plea of Guilty

(1) Scope of Section

This section applies only to an offense charged by indictment or

criminal information and set for trial in a circuit court or that is

scheduled for trial in a circuit court pursuant to a prayer for jury

trial entered in the District Court. Committee note: Section (d) of this Rule does not apply to appeals from the District Court.

(2) Entry of Plea; Requirements

With the consent of the court and the State, a defendant may

enter a conditional plea of guilty. The plea shall be in writing and,

as part of it, the defendant may reserve the right to appeal one or

more issues specified in the plea that (A) were raised by and

determined adversely to the defendant, and, (B) if determined in the

defendant’s favor would have been dispositive of the case. The right

to appeal under this subsection is limited to those pretrial issues

litigated in the circuit court and set forth in writing in the plea. Committee note: This Rule does not affect any right to file an application for

leave to appeal under Code, Courts Article, §12-302 (e)(2).

(3) Withdrawal of Plea

A defendant who prevails on appeal with respect to an issue

reserved in the plea may withdraw the plea. Cross reference: Code, Courts Article, §12-302.

[(d)] (e) Plea of Nolo Contendere

A defendant may plead nolo contendere only with the consent

of court. The court may require the defendant or counsel to provide

information it deems necessary to enable it to determine whether or

not it will consent. The court may not accept the plea until after an

examination of the defendant on the record in open court conducted

by the court, the State‘s Attorney, the attorney for the defendant, or

any combination thereof, the court determines and announces on the

record that the defendant is pleading voluntarily with understanding

of the nature of the charge and the consequences of the plea. In

addition, before accepting the plea, the court shall comply with

section [(e)] (f) of this Rule. Following the acceptance of a plea of

nolo contendere, the court shall proceed to disposition as on a plea of

guilty, but without finding a verdict of guilty. If the court refuses to

accept a plea of nolo contendere, it shall call upon the defendant to

plead anew.

[(e)] (f) Collateral Consequences of a Plea of Guilty, Conditional

Plea of Guilty, or Plea of Nolo Contendere

Before the court accepts a plea of guilty, a conditional plea of

guilty, or a plea of [or] nolo contendere, the court, the State‘s

Attorney, the attorney for the defendant, or any combination thereof

shall advise the defendant (1) that by entering the plea, if the

defendant is not a United States citizen, the defendant may face

additional consequences of deportation, detention, or ineligibility for

citizenship, (2) that by entering a plea to the offenses set out in Code,

Criminal Procedure Article, §11-701, the defendant shall have to

register with the defendant‘s supervising authority as defined in

Code, Criminal Procedure Article, §11-701 (p), and (3) that the

defendant should consult with defense counsel if the defendant is

represented and needs additional information concerning the potential

consequences of the plea. The omission of advice concerning the

collateral consequences of a plea does not itself mandate that the plea

be declared invalid. Committee note: In determining whether to accept the plea, the court should

not question defendants about their citizenship or immigration status. Rather, the court should ensure that all defendants are advised in accordance with this

section. This Rule does not overrule Yoswick v. State, 347 Md. 228 (1997)

and Daley v. State, 61 Md. App. 486 (1985).

[(f)] (g) Plea to a Degree

A defendant may plead not guilty to one degree and plead

guilty to another degree of an offense which, by law, may be divided

into degrees.

[(g)] (h) Withdrawal of Plea

At any time before sentencing, the court may permit a

defendant to withdraw a plea of guilty, a conditional plea of guilty, or

a plea of nolo contendere when the withdrawal serves the interest of

justice. After the imposition of sentence, on motion of a defendant

filed within ten days, the court may set aside the judgment and permit

the defendant to withdraw a plea of guilty, a conditional plea of

guilty, or a plea of nolo contendere if the defendant establishes that

the provisions of section (c) or [(d)] (e) of this Rule were not

complied with or there was a violation of a plea agreement entered

into pursuant to Rule 4-243. The court shall hold a hearing on any

timely motion to withdraw a plea of guilty, a conditional plea of

guilty, or a plea of nolo contendere. Committee note: The entry of a plea may waive technical defects in the charging document and waives objections to venue. See, e.g., Rule 4-202 (b)

and Kisner v. State, 209 Md. 524, 122 A.2d 102 (1956).

Source: This Rule is derived as follows: Section (a) is derived from former Rule 731 a and M.D.R. 731 a.

Section (b) Subsection (1) is derived from former Rule 731 b 1 and M.D.R. 731 b 1.

Subsection (2) is new.

Subsection (3) is derived from former Rule 731 b 2. Subsection (4) is derived from former Rule 731 b 3 and M.D.R. 731 b 2.

Section (c) is derived from former Rule 731 c and M.D.R. 731 c.

Section (d) is new. Section [(d)] (e) is derived from former Rule 731 d and M.D.R. 731 d.

Section [(e)] (f) is new.

Section [(f)] (g) is derived from former Rule 731 e. Section [(g)] (h) is derived from former Rule 731 f and M.D.R. 731 e.

REPORTER‘S NOTE

In Bishop v. State, 417 Md. 1 (2010), the Court suggested that the

Rules Committee consider whether to adopt a Rule providing for a

conditional guilty plea similar to Fed. R. Crim. Proc. 11 (a). Chapter

410, Laws of 2012 (HB 1031) authorizes conditional guilty pleas to

be taken in accordance with the Maryland Rules. Proposed new

section (d) implements the provisions of that statute.

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To call attention to problems that have occurred when a defendant

who wishes to reserve a right of appeal enters a plea of not guilty and

proceeds on stipulated evidence or an agreed statement of facts, a

Committee note is proposed to be added following section (a). The

Committee note recommends that, when appropriate, the parties

should consider the use of a conditional plea of guilty.

Additionally, although not expressly debated by the Committee,

language referring to conditional pleas of guilty has been drafted for

inclusion in sections (c) and (h). This addition is in the nature of a

non-substantive clarification that a conditional plea of guilty is a

subset of the broader category of guilty pleas to which sections (c)

and (h) would necessarily apply in any event.

A conforming amendment is proposed to Rule 4-243 (c)(4).




AMEND Rule 4-243 (c)(4) to conform an internal reference to a

proposed amendment to Rule 4-242, as follows:

Rule 4-243. PLEA AGREEMENTS

. . .

(c) Agreements of Sentence, Disposition, or Other Judicial Action

. . .

(4) Rejection of Plea Agreement

If the plea agreement is rejected, the judge shall inform the

parties of this fact and advise the defendant (A) that the court is not

bound by the plea agreement; (B) that the defendant may withdraw

the plea; and (C) that if the defendant persists in the plea of guilty,

conditional plea of guilty, or a plea of nolo contendere, the sentence

or other disposition of the action may be less favorable than the plea

agreement. If the defendant persists in the plea, the court may accept

the plea of guilty only pursuant to Rule 4-242 (c) and the plea of nolo

contendere only pursuant to Rule 4-242 [(d)] (e).

. . .

REPORTER‘S NOTE





AMEND Rule 4-331 to add a new subsection (b)(2) concerning a

motion filed pursuant to Code, Criminal Procedure Article, §8-

302; to add language to clarify the time for filing a motion under

section (c); and to make stylistic changes, as follows:

Rule 4-331. MOTIONS FOR NEW TRIAL; REVISORY POWER

(a) Within Ten Days of Verdict

On motion of the defendant filed within ten days after a verdict,

the court, in the interest of justice, may order a new trial. Cross reference: For the effect of a motion under this section on the time for appeal see Rules 7-104 (b) and 8-202 (b).

(b) Revisory Power

(1) Generally

The court has revisory power and control over the judgment to

set aside an unjust or improper verdict and grant a new trial:

[(1)] (A) in the District Court, on motion filed within 90 days after

its imposition of sentence if an appeal has not been perfected;

[(2)] (B) in the circuit courts, on motion filed within 90 days after

its imposition of sentence.

Thereafter, the court has revisory power and control over the

judgment in case of fraud, mistake, or irregularity.

(2) Act of Prostitution While under Duress

On motion filed pursuant to Code, Criminal Procedure Article,

§8-302, the court has revisory power and control over a judgment of

conviction of prostitution to vacate the judgment, modify the

sentence, or grant a new trial.

(c) Newly Discovered Evidence

The court may grant a new trial or other appropriate relief on the

ground of newly discovered evidence which could not have been

discovered by due diligence in time to move for a new trial pursuant

to section (a) of this Rule:

(1) on motion filed within one year after the later of (A) the date

the court imposed sentence or (B) the date [it] the court received a

mandate issued by the [Court of Appeals or the Court of Special

Appeals] final appellate court to consider a direct appeal from the

judgment or a belated appeal permitted as post conviction relief;

[whichever is later;]

(2) on motion filed at any time if a sentence of death was imposed

and the newly discovered evidence, if proved, would show that the

defendant is innocent of the capital crime of which the defendant was

convicted or of an aggravating circumstance or other condition of

eligibility for the death penalty actually found by the court or jury in

imposing the death sentence; and

(3) on motion filed at any time if the motion is based on DNA

identification testing not subject to the procedures of Code, Criminal

Procedure Article, §8-201 or other generally accepted scientific

techniques the results of which, if proved, would show that the

defendant is innocent of the crime of which the defendant was

convicted. Committee note: Newly discovered evidence of mitigating circumstances does not entitle a defendant to claim actual innocence. See Sawyer v. Whitley,

112 S. Ct. 2514 (1992).

(d) DNA Evidence

If the defendant seeks a new trial or other appropriate relief

under Code, Criminal Procedure Article, § 8-201, the defendant shall

proceed in accordance with Rules 4-701 through 4-711. On motion

by the State, the court may suspend proceedings on a motion for new

trial or other relief under this Rule until the defendant has exhausted

the remedies provided by Rules 4-701 through 4-711. Cross reference: For retroactive applicability of Code, Criminal Procedure

Article, §8-201, see Thompson v. State, 411 Md. 664 (2009).

(e) Form of Motion

A motion filed under this Rule shall (1) be in writing, (2) state in

detail the grounds upon which it is based, (3) if filed under section (c)

of this Rule, describe the newly discovered evidence, and (4) contain

or be accompanied by a request for hearing if a hearing is sought.

(f) Disposition

The court may hold a hearing on any motion filed under this

Rule. Subject to section (d) of this Rule, the court shall hold a hearing

on a motion filed under section (c) if a hearing was requested and the

court finds that: (1) if the motion was filed pursuant to subsection

(c)(1) of this Rule, it was timely filed, (2) the motion satisfies the

requirements of section (e) of this Rule, and (3) the movant has

established a prima facie basis for granting a new trial. The court

may revise a judgment or set aside a verdict prior to entry of a

judgment only on the record in open court. The court shall state its

reasons for setting aside a judgment or verdict and granting a new

trial. Cross reference: Code, Criminal Procedure Article, §§6-105, 6-106, 11-104,

and §11-503. Source: This Rule is derived in part from former Rule 770 and M.D.R. 770

and is in part new.

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REPORTER‘S NOTE

New subsection (b)(2) is proposed to be added to Rule 4-331 in

light of Chapter 218, Laws of 2011 (SB 327), which allows a person

convicted of prostitution under Code, Criminal Law Article, §11-306

to file a motion to vacate the judgment if, when the person committed

the crime, the person was acting under duress caused by the act of

another person committed in violation of Code, Criminal Law

Article, §11-303, the prohibition against human trafficking. The new

law allows the court to vacate the judgment of conviction, modify the

sentence, or grant a new trial.

The amendment to Rule 4-331 (c)(1) is proposed in response to a

referral from the Court of Appeals. In State v. Matthews, 415 Md.

286 (2010), the Court referred the clarification of the Rule to the

Rules Committee. Id. at 298.

The Court of Appeals explained that, in Matthews v. State, 187

Md. App. 496 (2009), the Court of Special Appeals determined

that Rule 4-331 (c)(1) is ambiguous because it

permits a motion filed within one year

after imposition of sentence or ―the date it

received a mandate issued by the Court of

Appeals or the Court of Special Appeals,

whichever is later,‖ and thus, it is unclear

whether Subsection (c)(1) ―applies to any

mandate,‖ or only to a mandate issued at

the conclusion of a direct appeal.

Matthews, 187 Md. App. at 504, 979 A.2d at

203. Matthews, 415 Md. at 298-99

(emphasis in original).

The Court of Appeals analyzed former versions of the Rule and

the accompanying legislative history. In so doing, the Court found

support for the position that the term ―mandate‖ should be construed

as referring only to the mandate issued at the conclusion of a direct

appeal. Id. at 299-306. The Rules Committee also recommends

including belated appeals permitted as post conviction relief.

The proposed amendment to subsection (c)(1) resolves the

ambiguity highlighted by the Court of Special Appeals, and is

consistent with the Court of Appeals‘ interpretation of the Rule.




AMEND Rule 4-266 to add language to section (c) to expand the

categories of persons who may file a motion for a protective order

and to make stylistic changes, as follows:

Rule 4-266. SUBPOENAS - GENERALLY

(a) Form

Every subpoena shall contain: (1) the caption of the action, (2)

the name and address of the person to whom it is directed, (3) the

name of the person at whose request it is issued, (4) the date, time,

and place where attendance is required, and (5) a description of any

documents, recordings, photographs, or other tangible things to be

produced.

(b) Service

A subpoena shall be served by delivering a copy to the person

named or to an agent authorized by appointment or by law to receive

service for the person named or as permitted by Rule 2-121 (a)(3). A

subpoena may be served by a sheriff of any county or by a person

who is not a party and who is not less than 18 years of age. A

subpoena issued by the District Court may be served by first class

mail, postage prepaid, if the administrative judge of the district so

directs.

Cross reference: See Code, Courts Article, §6-410, concerning service upon

certain persons other than the custodian of public records named in the

subpoena if the custodian is not known and cannot be ascertained after a reasonable effort.

(c) Protective Order

Upon motion of a party, [or of the witness] a person named in

the subpoena, or a person named or depicted in an item specified in

the subpoena filed promptly and, whenever practicable, at or before

the time specified in the subpoena for compliance the court [may], for

good cause shown, may enter an order which justice requires to

protect the party or [witness] person from annoyance,

embarrassment, oppression, or undue burden or expense, including

one of the following:

(1) That the subpoena be quashed;

(2) That the subpoena be complied with only at some designated

time or place other than that stated in the subpoena, or before a judge,

or before some other designated officer;

(3) That certain matters not be inquired into or that the scope of

examination or inspection be limited to certain matters;

(4) That the examination or inspection be held with no one present

except parties to the action and their counsel;

(5) That the transcript of any examination or matters produced or

copies, after being sealed, not be opened or the contents be made

public only by order of court; or

(6) That a trade secret or other confidential research development

or commercial information not be disclosed or be disclosed only in a

designated way.

(d) Attachment

A witness personally served with a subpoena under this Rule is

liable to a body attachment and fine for failure to obey the subpoena

without sufficient excuse. The writ of attachment may be executed by

the sheriff or peace officer of any county and shall be returned to the

court issuing it. The witness attached shall be taken immediately

before the court if then in session. If the court is not in session, the

witness shall be taken before a judicial officer of the District Court

for a determination of appropriate conditions of release to ensure the

witness‘ appearance at the next session of the court that issued the

attachment. Source: This Rule is derived as follows:

Section (a) is derived from former Rule 742 c and M.D.R. 742 b.

Section (b) is derived from former Rule 737 b and M.D.R. 737 b. Section (c) is derived from former Rule 742 d and M.D.R. 742 c.

Section (d) is derived from former Rule 742 e and M.D.R. 742 d.

REPORTER‘S NOTE

The Rules Committee believes that allowing a motion for a

protective order to be filed only by a ―party‖ or ―the witness named

in the subpoena‖ is too restrictive. For example, if a document

sought by a subpoena duces tecum pertains to a victim of a crime

[who is not the witness named in the subpoena], the victim should be

allowed to move for a protective order if the standard set forth in

Rule 4-266 (c) can be met.

The Committee recommends an amendment to Rule 4-266 (c) that

expands the description of who may file a motion for a protective

order to include (1) a ―party,‖ (2) a ―person named in the subpoena,‖

and (3) ―a person named or depicted in an item specified in the

subpoena.‖

The Committee also recommends comparable amendments to

Rules 2-403, 2-510, 3-510, 4-262, and 4-263. In Rules 2-403, 4-262,

and 4-263, which do not reference subpoenas, the phrase ―item

sought to be discovered‖ is used, rather than ―item specified in the

subpoena.‖

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CHAPTER 400 - DISCOVERY

AMEND Rule 2-403 to add language to section (a) that refers to

persons named or depicted in an item sought to be discovered and to

make stylistic changes, as follows:

Rule 2-403. PROTECTIVE ORDERS

(a) Motion

On motion of a party, [or of] a person from whom discovery is

sought, or a person named or depicted in an item sought to be

discovered, and for good cause shown, the court may enter any order

that justice requires to protect a party or person from annoyance,

embarrassment, oppression, or undue burden or expense, including

one or more of the following: (1) that the discovery not be had, (2)

that the discovery not be had until other designated discovery has

been completed, a pretrial conference has taken place, or some other

event or proceeding has occurred, (3) that the discovery may be had

only on specified terms and conditions, including an allocation of the

expenses or a designation of the time or place, (4) that the discovery

may be had only by a method of discovery other than that selected by

the party seeking discovery, (5) that certain matters not be inquired

into or that the scope of the discovery be limited to certain matters,

(6) that discovery be conducted with no one present except persons

designated by the court, (7) that a deposition, after being sealed, be

opened only by order of the court, (8) that a trade secret or other

confidential research, development, or commercial information not

be disclosed or be disclosed only in a designated way, (9) that the

parties simultaneously file specified documents or information

enclosed in sealed envelopes to be opened as directed by the court.

(b) Order

If the motion for a protective order is denied in whole or in part,

the court may, on such terms and conditions as are just, order that any

party or person provide or permit discovery. Source: This Rule is derived as follows:

Section (a) is derived from the 1980 version of Fed. R. Civ. P. 26 (c) and the

1980 version of Fed. R. Civ. P. 33 (b) and from former Rule 406 a. Section (b) is derived from the 1980 version of Fed. R. Civ. P. 26 (c).

REPORTER‘S NOTE



TITLE 2 - CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 - TRIAL

AMEND Rule 2-510 to add language to sections (e) and (f) that

refers to persons named or depicted in an item specified in the

subpoena, as follows:

Rule 2-510. SUBPOENAS

. . .

(e) Objection to Subpoena for Court Proceedings

On motion of a person served with a subpoena to attend a court

proceeding (including a proceeding before a master, auditor, or

examiner) or a person named or depicted in an item specified in the

subpoena filed promptly and, whenever practicable, at or before the

time specified in the subpoena for compliance, the court may enter an

order that justice requires to protect the person from annoyance,

embarrassment, oppression, or undue burden or cost, including one or

more of the following:

(1) that the subpoena be quashed or modified;

(2) that the subpoena be complied with only at some designated

time or place other than that stated in the subpoena;

(3) that documents, electronically stored information, or tangible

things designated in the subpoena be produced only upon the

advancement by the party serving the subpoena of the reasonable

costs of producing them; or

(4) that documents, electronically stored information, or tangible

things designated in the subpoena be delivered to the court at or

before the proceeding or before the time when they are to be offered

in evidence, subject to further order of court to permit inspection of

them.

A motion filed under this section based on a claim that

information is privileged or subject to protection as work product

materials shall be supported by a description of the nature of each

item that is sufficient to enable the demanding party to evaluate the

claim.

(f) Objection to Subpoena for Deposition

A person served with a subpoena to attend a deposition may

seek a protective order pursuant to Rule 2-403. If the subpoena also

commands the production of documents, electronically stored

information, or tangible things at the deposition, the person served or

a person named or depicted in an item specified in the subpoena may

seek a protective order pursuant to Rule 2-403 or may file, within ten

days after service of the subpoena, an objection to production of any

or all of the designated materials. The objection shall be in writing

and shall state the reasons for the objection. If an objection is filed,

the party serving the subpoena is not entitled to production of the

materials except pursuant to an order of the court from which the

subpoena was issued. At any time before or within 15 days after

completion of the deposition and upon notice to the deponent, the

party serving the subpoena may move for an order to compel the

production.

A claim that information is privileged or subject to protection as

work product materials shall be supported by a description of each

item that is sufficient to enable the demanding party to evaluate the

claim.

. . .

REPORTER‘S NOTE



TITLE 3 - CIVIL PROCEDURE - DISTRICT COURT

CHAPTER 500 - TRIAL

AMEND Rule 3-510 to add language to sections (e) and (f) that

refers to persons named or depicted in an item specified in the

subpoena, as follows:

Rule 3-510. SUBPOENAS

. . .

(e) Objection to Subpoena for Court Proceedings

On motion of a person served with a subpoena to attend a court

proceeding (including a proceeding before an examiner) or a person

named or depicted in an item specified in the subpoena filed

promptly and, whenever practicable, at or before the time specified in

the subpoena for compliance, the court may enter an order that justice

requires to protect the person from annoyance, embarrassment,

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oppression, or undue burden or expense, including one or more of the

following:

(1) that the subpoena be quashed or modified;

(2) that the subpoena be complied with only at some designated

time or place other than that stated in the subpoena;

(3) that documents or other tangible things designated in the

subpoena be produced only upon the advancement by the party

serving the subpoena of the reasonable costs of producing them; or

(4) that documents or other tangible things designated in the

subpoena be delivered to the court at or before the proceeding or

before the time when they are to be offered in evidence, subject to

further order of court to permit inspection of them.

(f) Objection to Subpoena for Deposition

A person served with a subpoena to attend a deposition may

seek a protective order pursuant to Rule 2-403. If the subpoena also

commands the production of documents or other tangible things at

the deposition, the person served or a person named or depicted in an

item specified in the subpoena may seek a protective order pursuant

to Rule 2-403 or may file, within ten days after service of the

subpoena, an objection to production of any or all of the designated

materials. The objection shall be in writing and shall state the

reasons for the objection. If an objection is filed, the party serving the

subpoena is not entitled to production of the materials except

pursuant to an order of the court from which the subpoena was

issued. At any time before or within 15 days after completion of the

deposition and upon notice to the deponent, the party serving the

subpoena may move for an order to compel the production.

. . .

REPORTER‘S NOTE





AMEND Rule 4-262 to add language to section (m) that refers to

persons named or depicted in an item sought to be discovered and to

make stylistic changes, as follows:

Rule 4-262. DISCOVERY IN DISTRICT COURT

. . .

(m) Protective Orders

On motion of a party, [or] a person from whom discovery is


discovered, the court, for good cause shown, may order that specified

disclosures be denied or restricted in any manner that justice requires.

. . .

REPORTER‘S NOTE





AMEND Rule 4-263 to add language to subsections (m)(1) and

(2) that refers to persons named or depicted in an item sought to be

discovered and to make stylistic changes, as follows:

Rule 4-263. DISCOVERY IN CIRCUIT COURT

. . .

(m) Protective Orders

(1) Generally

On motion of a party, [or] a person from whom discovery is


discovered, the court, for good cause shown, may order that specified

disclosures be denied or restricted in any manner that justice requires.

(2) In Camera Proceedings

On request of a party, [or] a person from whom discovery is


discovered, the court may permit any showing of cause for denial or

restriction of disclosures to be made in camera. A record shall be

made of both in court and in camera proceedings. Upon the entry of

an order granting relief in an in camera proceeding, all confidential

portions of the in camera portion of the proceeding shall be sealed,

preserved in the records of the court, and made available to the

appellate court in the event of an appeal.

. . .

REPORTER‘S NOTE



RULES GOVERNING ADMISSION TO THE BAR OF

MARYLAND

AMEND Rule 4 to expand the Board‘s discretion to waive the

requirements of Bar Admission Rules 3 and 4 (a)(2) under certain

circumstances and to make stylistic changes, as follows:

Rule 4. ELIGIBILITY TO TAKE BAR EXAMINATION

(a) Legal Education

(1) In order to take the bar examination of this State an [person]

individual either shall have graduated or shall be unqualifiedly

eligible for graduation from a law school.

(2) The law school shall be located in a state and shall be approved

by the American Bar Association.

(b) Waiver

The Board shall have discretion to waive the requirements of

subsection (a)(2) of this Rule and Rule 3 for any [person] individual

who, in the Board‘s opinion, is qualified by reason of education,

experience, or both to take the bar examination and:

(1) has passed the bar examination of another state and is a

member in good standing of the Bar of that state; or

(2) is admitted to practice in a jurisdiction that is not defined as a

state by Rule 1 and has obtained an additional degree from an

American Bar Association approved law school in Maryland that

meets the requirements prescribed by the Board Rules.

(c) Minors

If otherwise qualified, an [person] individual who is under 18

years of age is eligible to take the bar examination but shall not be

admitted to the Bar until 18 years of age.

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Source: This Rule is derived as follows:

Section (a) is derived from former Rule 5 b.

Section (b) is derived from former Rule 5 c. Section (c) is derived from former Rule 5 d.

REPORTER‘S NOTE

The proposed amendment to Bar Admission Rule 4 expands the

Board‘s discretion to waive the education prerequisites to taking the

bar examination under certain circumstances. The current rule limits

waivers to applicants who are members of a bar of another state. The

amendment permits the Board to grant a waiver to an applicant who

has been admitted to practice law in a jurisdiction that is not a state,

provided that the applicant has also received an additional degree

from an ABA approved Maryland law school.

The amendment to Rule 4 is accompanied by a Board Rule that

sets forth the requirements for the additional degree to qualify under

Rule 4, and requires the applicant to furnish to the Board certain

documents and certifications.

The word ―person‖ is changed to ―individual.‖ Rule 1-202 (l)

defines ―individual‖ as a human being, and defines ―person‖ to

include corporations and partnerships, among other things.


RULES GOVERNING ADMISSION TO THE BAR OF

MARYLAND

AMEND Rule 19 of the Rules Governing Admission to the Bar of

Maryland to add to subsection (c)(7) language regarding the

disclosure of applicant information to bar associations and to make

stylistic changes, as follows:

Rule 19. CONFIDENTIALITY

. . .

(c) When Disclosure Authorized

The Board may disclose:

(1) statistical information that does not reveal the identity of an

individual applicant;

(2) the fact that an applicant has passed the bar examination and

the date of the examination;

(3) any material pertaining to an applicant that the applicant would

be entitled to inspect under section (b) of this Rule if the applicant

has consented in writing to the disclosure;

(4) any material pertaining to an applicant requested by

(A) a court of this State, another state, or the United States;

(B) Bar Counsel, the Attorney Grievance Commission, or the

attorney disciplinary authority in another state;

(C) the authority in another jurisdiction responsible for

investigating the character and fitness of an applicant for admission

to the bar of that jurisdiction, or

(D) Investigative Counsel, the Commission on Judicial

Disabilities, or the judicial disciplinary authority in another

jurisdiction for use in:

(i) a pending disciplinary proceeding against the applicant as an

attorney or judge;

(ii) a pending proceeding for reinstatement of the applicant as

an attorney after disbarment; or

(iii) a pending proceeding for original admission of the

applicant to the Bar;

(5) any material pertaining to an applicant requested by a judicial

nominating commission or the Governor of this State, a committee of

the Senate of Maryland, or a committee of the United States Senate in

connection with an application by or nomination of the applicant for

judicial office;

(6) to a law school, the names of persons who graduated from that

law school who took a bar examination and whether they passed or

failed the examination;

(7) to the Maryland State Bar Association and any other bona fide

bar association in the State of Maryland [and to each entity selected

to give the course on legal professionalism required by Rule 11], the

name and address of a person recommended for bar admission

pursuant to Rule 10;

(8) to each entity selected to give the course on legal

professionalism required by Rule 11, the name and address of a

person recommended for bar admission pursuant to Rule 10;

[(8)] (9) to the National Conference of Bar Examiners, the

following information regarding persons who have filed applications

for admission pursuant to Rule 2 or petitions to take the attorney‘s

examination pursuant to Rule 13: the applicant‘s name and aliases,

applicant number, birthdate, Law School Admission Council number,

law school, date that a juris doctor degree was conferred, bar

examination results and pass/fail status, and the number of bar

examination attempts;

[(9)] (10) to any member of a Character Committee, the report of

any Character Committee or the Board following a hearing on an

application; and

[(10)] (11) to the Child Support Enforcement Administration, upon

its request, the name, Social Security number, and address of a person

who has filed an application pursuant to Rule 2 or a petition to take

the attorney‘s examination pursuant to Rule 13.

Unless information disclosed pursuant to paragraphs (4) and (5)

of this section is disclosed with the written consent of the applicant,

an applicant shall receive a copy of the information and may rebut, in

writing, any matter contained in it. Upon receipt of a written rebuttal,

the Board shall forward a copy to the person or entity to whom the

information was disclosed.

. . .

REPORTER‘S NOTE

The State Board of Law Examiners has requested an amendment

to Bar Admission Rule 19, Confidentiality, which would allow it to

disclose to local and State bar associations the names and addresses

of applicants who have passed the bar examination. The purpose of

disclosure is to enable bar associations to mail to applicants

information regarding membership, networking events, programs,

and receptions.

The Court amended Rule 19 on March 7, 2011 to allow disclosure

to the Maryland State Bar Association. The proposed amendment is

broader and permits disclosure to any bona fide bar association in the

State of Maryland.

Stylistic changes also are made.



CHAPTER 300 - PLEADINGS AND MOTIONS

AMEND Rule 2-305 to change the circumstances under which a

party is required to include the amount of damages sought in a

demand for a money judgment, to add a Committee note, and to make

a stylistic change, as follows:

Rule 2-305. CLAIMS FOR RELIEF

A pleading that sets forth a claim for relief, whether an original

claim, counterclaim, cross-claim, or third-party claim, shall contain a

clear statement of the facts necessary to constitute a cause of action

and a demand for judgment for the relief sought. Unless otherwise

required by law, (a) a demand for a money judgment that does not

exceed $75,000 shall include the amount of damages sought, and (b)

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a demand for a money judgment that exceeds $75,000 shall not

specify the amount sought, but shall include a general statement that

the amount sought exceeds $75,000. Relief in the alternative or of

several different types may be demanded. Committee note: If the amount sought exceeds $75,000, a general statement to

that effect is necessary in order to determine if the case may be removed to a

federal court based on diversity of citizenship. See 28 U.S.C.S. § 1332. A specific dollar amount must be given when the damages sought are less than

or equal to $75,000 because the dollar amount is relevant to determining

whether the amount is sufficient for circuit court jurisdiction or a jury trial.

Source: This Rule is derived in part from former Rules 301 c, 340 a, and 370 a 3 and the 1966 version of Fed. R. Civ. P. 8 (a) and is in part new.

REPORTER‘S NOTE

The proposed amendment to Rule 2-305 changes the current

Rule‘s requirement that a party, unless otherwise required by law,

must include the amount sought in a demand for a money judgment.

The Rule is amended to provide that, unless otherwise required by

law, a demand for a money judgment that is less than or equal to

$75,000 must include a specific dollar amount; however, a demand

for a money judgment that is greater than $75,000 may not specify

the amount sought, but must include a general statement that the

amount sought is greater than $75,000.

The amendment is proposed in light of discussions with attorneys

who recommend eliminating the requirement to plead specific

amounts in favor of a framework similar to that used in medical

malpractice cases. See Code, Courts Article, §3-2A-02 (b). It is

thought that ad damnum clauses are damaging to defendants who

become frightened upon receiving complaints with huge amounts

specified in the clauses; to plaintiffs who may become disillusioned

as to the value of their cases; and to the legal profession because they

lead to a negative public perception by distorting the attorney‘s actual

valuation of the case.

The Subcommittee has been advised that defendants and insurance

companies do not exclusively rely upon the amount of damages

sought in ad damnum clauses to determine the value of the case.

Insurance companies set aside reserves based upon their own

investigation and experience. Defendants and insurance companies

obtain information about the actual value of the case during the

discovery process.

The Committee note explains that $75,000 is used as the

benchmark because it is the amount necessary to remove a case to

federal court based upon diversity of citizenship. A specific dollar

amount must be pled if it is less than or equal to $75,000 because the

dollar amount may be relevant for purposes of circuit court

jurisdiction and the right to a jury trial.

The addition of the word ―the‖ to the first sentence of the Rule is

stylistic, only.


TITLE 3 - CIVIL PROCEDURE -- DISTRICT COURT


AMEND Rule 3-305 to make a stylistic change, as follows:

Rule 3-305. CLAIMS FOR RELIEF

A pleading that sets forth a claim for relief, whether an original

claim, counterclaim, cross-claim, or third-party claim, shall contain a

clear statement of the facts necessary to constitute a cause of action

and a demand for judgment for the relief sought. Relief in the

alternative or of several different types may be demanded. Source: This Rule is derived from former M.D.R. 301 a (ii) and the 1966

version of Fed. R. Civ. P. 8 (a).

REPORTER‘S NOTE




CHAPTER 200 - PARTIES

AMEND Rule 2-214 to authorize the filing of a motion or

response that is not a pleading with a motion to intervene, as follows:

Rule 2-214. INTERVENTION

(a) Of Right

Upon timely motion, a person shall be permitted to intervene in

an action: (1) when the person has an unconditional right to intervene

as a matter of law; or (2) when the person claims an interest relating

to the property or transaction that is the subject of the action, and the

person is so situated that the disposition of the action may as a

practical matter impair or impede the ability to protect that interest

unless it is adequately represented by existing parties.

(b) Permissive

(1) Generally

Upon timely motion a person may be permitted to intervene in

an action when the person‘s claim or defense has a question of law or

fact in common with the action.

(2) Governmental Interest

Upon timely motion the federal government, the State, a

political subdivision of the State, or any officer or agency of any of

them may be permitted to intervene in an action when the validity of

a constitutional provision, charter provision, statute, ordinance,

regulation, executive order, requirement, or agreement affecting the

moving party is drawn in question in the action, or when a party to an

action relies for ground of claim or defense on such constitutional

provision, charter provision, statute, ordinance, regulation, executive

order, requirement, or agreement.

(3) Considerations

In exercising its discretion the court shall consider whether the

intervention will unduly delay or prejudice the adjudication of the

rights of the original parties.

(c) Procedure

A person desiring to intervene shall file and serve a motion to

intervene. The motion shall state the grounds therefor and shall be

accompanied by a copy of the proposed pleading, motion, or

response setting forth the claim or defense for which intervention is

sought. An order granting intervention shall designate the intervenor

as a plaintiff or a defendant. Thereupon, the intervenor shall

promptly file the pleading, motion, or response and serve it upon all

parties. Source: This Rule is derived as follows:

Section (a) is derived from the 1966 version of Fed. R. Civ. P. 24 (a).

Section (b) Subsection (b) (1) is derived from former Rule 208 b 1.

Subsection (b) (2) is derived from former Rule 208 b 2.

Subsection (b) (3) is derived from the last sentence of the 1966 version of Fed. R. Civ. P. 24 (b).

Section (c) is derived from the 1966 version of Fed. R. Civ. P. 24 (c) and

former Rule 208 c.

REPORTER‘S NOTE

Rule 2-214 currently directs a person to file a proposed pleading

with a motion to intervene.

Rule 1-202 (u) defines pleading as a complaint, counterclaim,

cross-claim, third-party complaint, answer, answer to a counterclaim,

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answer to a cross-claim, answer to a third party complaint, a reply to

an answer, or a charging document as used in Title 4.

An amendment is proposed because a person may wish to

intervene for the purpose of filing a motion or response that is not a

pleading. For example, an intervenor may wish to file a motion to

dismiss based on lack of standing.




AMEND Rule 2-311 to add a new section (c) to allow a party to

file a reply within 10 days after being served with a response, to add

a Committee note following section (c), to allow a party to include in

a reply a request for a hearing, and to make stylistic changes, as

follows:

Rule 2-311. MOTIONS

(a) Generally

An application to the court for an order shall be by motion

which, unless made during a hearing or trial, shall be made in

writing, and shall set forth the relief or order sought.

(b) Response

Except as otherwise provided in this section, a party against

whom a motion is directed shall file any response within 15 days

after being served with the motion, or within the time allowed for a

party‘s original pleading pursuant to Rule 2-321 (a), whichever is

later. Unless the court orders otherwise, no response need be filed to

a motion filed pursuant to Rule 1-204, 2-532, 2-533, or 2-534. If a

party fails to file a response required by this section, the court may

proceed to rule on the motion. Cross reference: See Rule 1-203 concerning the computation of time.

(c) Reply

Unless otherwise ordered by the court, a party may file a reply

within 10 days after being served with a response. A reply shall not

present matters that do not relate to the response. Committee note: Replies should not be filed as a matter of course, but may be

filed to correct a misstatement of fact or law in a response or to address a matter raised for the first time in a response.

[(c)] (d) Statement of Grounds and Authorities; Exhibits

A written motion and a response to a motion shall state with

particularity the grounds and the authorities in support of each

ground. A party shall attach as an exhibit to a written motion, [or]

response, or reply any document that the party wishes the court to

consider in ruling on the motion or response unless the document is

adopted by reference as permitted by Rule 2-303 (d) or set forth as

permitted by Rule 2-432 (b).

[(d)] (e) Affidavit

A motion, [or] a response to a motion, or a reply that is based on

facts not contained in the record shall be supported by affidavit and

accompanied by any papers on which it is based.

[(e)] (f) Hearing - Motions for Judgment Notwithstanding the

Verdict, for New Trial, or to Amend the Judgment

When a motion is filed pursuant to Rule 2-532, 2-533, or 2-534,

the court shall determine in each case whether a hearing will be held,

but it may not grant the motion without a hearing.

[(f)] (g) Hearing - Other Motions

A party desiring a hearing on a motion, other than a motion filed

pursuant to Rule 2-532, 2-533, or 2-534, shall request the hearing in

the motion,[or] response, or reply under the heading ―Request for

Hearing.‖ The title of the motion, [or] response, or reply shall state

that a hearing is requested. Except when a rule expressly provides

for a hearing, the court shall determine in each case whether a

hearing will be held, but the court may not render a decision that is

dispositive of a claim or defense without a hearing if one was

requested as provided in this section. Source: This Rule is derived as follows:

Section (a) is derived from former Rule 321 a. Section (b) is new.

Section (c) is new.

Section [(c)] (d) is derived from former Rule 319. Section [(d)] (e) is derived from former Rule 321 b.

Section [(e)] (f) is derived from former Rule 321 d.

Section [(f)] (g) is new but is derived in part from former Rule 321 d.

REPORTER‘S NOTE

New section (c), Reply, is proposed in order to provide guidance

to practitioners and courts regarding replies. Section (c) expressly

authorizes the filing of a reply and requires a party who wishes to file

one to do so within 10 days after being served with the response to

the motion. The second sentence is borrowed from Fed. R. App. P.

27, with a stylistic change. A Committee note following section (c)

cautions that replies are appropriate in limited circumstances and

should not be filed as a matter of course. An amendment to section

(g) allows a party to include a request for a hearing in the party‘s

reply memorandum.

Currently, the Rules are silent regarding replies. This silence has

caused differences of opinion among courts and practitioners as to

whether replies are permitted at all. Also, some practitioners have

taken the position that a reply may be filed on the day of the hearing

on the motion because no filing deadline for replies is mentioned in

Rule 2-311 or Rule 2-504 (b).

Although replies are not necessary in most cases, they provide a

party (ordinarily the moving party) an opportunity to address matters

raised for the first time in a response and to correct any misstatements

of fact or law in the response.

Conforming amendments are made to Rules 2-303, 2-401, and 2-

643.




AMEND Rule 2-303 to correct a reference in the Committee note

following the rule and to conform the Committee note to amendments

to Rule 2-311, as follows:

Rule 2-303. FORM OF PLEADINGS

. . . Cross reference: Rules 1-301; 1-311 through 1-313.

Committee note: This Rule, authorizing the adoption by reference of

statements in ―papers of record‖ other than pleadings, must be read in

conjunction with Rule 2-311 [(c)] (d), which requires documents to

be attached to a motion, or response, or reply incorporated by

reference, or set forth verbatim as permitted by Rule 2-432 (b), and

Rule 2-501 [(e)] (f), which permits the court to rule on a motion for

summary judgment based on the motion and response. The court

need not consider a document in ruling on a motion unless the

document is (1) attached as an exhibit, (2) filed and incorporated by

reference, or (3) set forth verbatim in a motion to compel discovery.

Since Rule 2-401 (d) prohibits the routine filing of discovery

materials, any party who wishes the court to consider them will have

to use one of these methods.

. . .

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REPORTER‘S NOTE




CHAPTER 400 - DISCOVERY

AMEND Rule 2-401 to conform a cross reference to the

relettering of Rule 2-311, as follows:

Rule 2-401. GENERAL PROVISIONS GOVERNING

DISCOVERY

. . .

(d) Discovery Material

(1) Defined

For purposes of this section, the term ―discovery material‖

means a notice of deposition, an objection to the form of a notice of

deposition, the questions for a deposition upon written questions, an

objection to the form of the questions for a deposition upon written

questions, a deposition transcript, interrogatories, a response to

interrogatories, a request for discovery of documents and property, a

response to a request for discovery of documents and property, a

request for admission of facts and genuineness of documents, and a

response to a request for admission of facts and genuineness of

documents.

(2) Not to be Filed with Court

Except as otherwise provided in these rules or by order of

court, discovery material shall not be filed with the court. Instead, the

party generating the discovery material shall serve the discovery

material on all other parties and promptly shall file with the court a

notice stating (A) the type of discovery material served, (B) the date

and manner of service, and (C) the party or person served. The party

generating the discovery material shall retain the original and shall

make it available for inspection by any other party. This section does

not preclude the use of discovery material at trial or as exhibits to

support or oppose motions. Cross reference: Rule 2-311 [(c)] (d).

. . .

REPORTER‘S NOTE




CHAPTER 600 - JUDGMENT

AMEND Rule 2-643 to conform a reference in section (f) to the

relettering of Rule 2-311 and to make a stylistic change, as follows:

Rule 2-643. RELEASE OF PROPERTY FROM LEVY

. . .

(f) Hearing

A party desiring a hearing on a motion filed pursuant to this

Rule shall so request pursuant to Rule 2-311 [(f)] (g). [and, if

requested, a hearing shall be held promptly] The court shall hold a

requested hearing promptly.

. . .

REPORTER‘S NOTE



TITLE 7 - APPELLATE AND OTHER JUDICIAL REVIEW IN

CIRCUIT COURT

CHAPTER 100 - APPEALS FROM THE DISTRICT COURT

TO THE CIRCUIT COURT

AMEND Rule 7-112 (f)(4) to delete language referring to a

―commissioner‖ and to add a sentence addressing the unavailability

of a judge, as follows:

Rule 7-112. APPEALS HEARD DE NOVO

. . .

(f) Dismissal of Appeal; Entry of Judgment

(1) An appellant may dismiss an appeal at any time before the

commencement of trial. The court shall dismiss an appeal if the

appellant fails to appear as required for trial or any other proceeding

on the appeal.

(2) Upon the dismissal of an appeal, the clerk shall promptly return

the file to the District Court. Any statement of satisfaction shall be

docketed in the District Court.

(3) On motion filed in the circuit court within 30 days after entry

of a judgment dismissing an appeal, the circuit court, for good cause

shown, may reinstate the appeal upon the terms it finds proper. On

motion of any party filed more than 30 days after entry of a judgment

dismissing an appeal, the court may reinstate the appeal only upon a

finding of fraud, mistake, or irregularity. If the appeal is reinstated,

the circuit court shall notify the District Court of the reinstatement

and request the District Court to return the file.

(4) If the appeal of a defendant in a criminal case who was

sentenced to a term of confinement and released pending appeal

pursuant to Rule 4-349 is dismissed, the circuit court shall (A) issue a

warrant directing that the defendant be taken into custody and

brought before a judge [or commissioner] of the District Court or (B)

enter an order that requires the defendant to appear before a judge [or

commissioner]. If a judge is not available on the day the warrant or

order is served, the defendant shall be brought before a judge the

next day that the court is in session. The warrant or order shall

identify the District Court case by name and number and shall

provide that the purpose of the appearance is the entry of a

commitment that conforms to the judgment of the District Court. Source: This Rule is derived in part from former Rule 1314 and in part new.

REPORTER‘S NOTE

Communications from a clerk of the District Court of Maryland,

the Chief Clerk for the District Court of Maryland, and the

Coordinator of Commissioner Activity have indicated a problem with

the wording of subsection (f)(4) of Rule 7-112. The Rule provides

that if the appeal of a defendant in a criminal case, who was

sentenced to a term of confinement and released pending appeal, is

dismissed, the circuit court shall either issue a warrant directing that

the defendant be taken into custody and brought before a judge or

commissioner of the District Court or enter an order that requires the

defendant to appear before a judge or commissioner, so that the

original sentence can be imposed. The problem is that a

commissioner has no authority to reimpose a sentence. Since a

commitment order has already been issued, there is no need for the

defendant to go before a commissioner. The Rules Committee

recommends amending Rule 7-112 to clarify that the defendant is to

be brought before a judge. If a judge is not available, the defendant

will be brought before a judge the next available business day.

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FORMS FOR EXPUNGEMENT OF RECORDS

AMEND Form 4-504.1 to add a category for cases transferred to

the juvenile court and to make stylistic changes, as follows:

Form 4-504.1. PETITION FOR EXPUNGEMENT OF RECORDS

(Caption)

PETITION FOR EXPUNGEMENT OF RECORDS

1. (Check one of the following boxes) On or about ___________,

(Date)

I was [ ] arrested, [ ] served with a summons, or [ ] served with a

citation by an officer of the _______________________________

_____________________________________________________

(Law Enforcement Agency)

at ____________________________________________________,

Maryland, as a result of the following incident

_______________________________________________________

_______________________________________________________

______________________________________________________.

2. I was charged with the offense of ________________________

______________________________________________________.

3. On or about ___________________________________, the

(Date)

charge was disposed of as follows (check one of the following

boxes):

[ ] I was acquitted and either three years have passed since

disposition or a General Waiver and Release is attached.

[ ] The charge was dismissed or quashed and either three years

have passed since disposition or a General Waiver and Release

is attached.

[ ] A judgment of probation before judgment was entered on

a charge that is not a violation of Code*, Transportation Article,

§21-902 or Code*, Criminal Law Article, §§2-503, 2-504,

2-505, or 2-506, or former Code*, Article 27, §388A or §388B,

and either (a) at least three years have passed since the

disposition, or (b) I have been discharged from probation,

whichever is later. Since the date of disposition, I have

not been convicted of any crime, other than violations

of vehicle or traffic laws, ordinances, or regulations

not carrying a possible sentence of imprisonment; and I am

not now a defendant in any pending criminal action other

than for violation of vehicle or traffic laws, ordinances,

or regulations not carrying a possible sentence of

imprisonment.

[ ] A Nolle Prosequi was entered and either three years have passed

since disposition or a General Waiver and Release is

attached. Since the date of disposition, I have not been

convicted of any crime, other than violations of vehicle

or traffic laws, ordinances, or regulations not carrying

a possible sentence of imprisonment; and I am not now

a defendant in any pending criminal action other than

for violation of vehicle or traffic laws, ordinances,

or regulations not carrying a possible sentence of

imprisonment.

[ ] The proceeding was stetted and three years have passed

since disposition. Since the date of disposition, I have not been

convicted of any crime, other than violations of vehicle

or traffic laws, ordinances, or regulations not carrying

a possible sentence of imprisonment; and I am not now

a defendant in any pending criminal action other than

for violation of vehicle or traffic laws, ordinances,

or regulations not carrying a possible sentence of imprisonment.

[ ] I was convicted of a crime specified in Code*, Criminal

Procedure Article, §10-105 (a)(9); three years have passed since

the later of the conviction or satisfactory completion of the

sentence, including probation; and I am not now a defendant

in any pending criminal action other than for violation of

vehicle or traffic laws, ordinances, or regulations not carrying a

possible sentence of imprisonment.

[ ] The case was transferred to the juvenile court pursuant to

Code*, Criminal Procedure Article, §§4-202 or 4-202.2.

(Note: The expungement is only of the records in the criminal

case, not those records in the juvenile court. See Code*,

Criminal Procedure Article, §10-106.)

[ ] The case was compromised or dismissed pursuant to Code*,

Criminal Law Article, §3-207, former Code*, Article 27,

§12A-5, or former Code*, Article 10, §37 and three years have

passed since disposition.

[ ] On or about _____________________________ , I was granted

(Date)

a full and unconditional pardon by the Governor for the

one criminal act, not a crime of violence as defined in Code*,

Criminal Law Article, §14-101 (a), of which I was convicted.

Not more than ten years have passed since the Governor signed

the pardon, and since the date the Governor signed the pardon

I have not been convicted of any crime, other than violations of

vehicle or traffic laws, ordinances, or regulations not carrying

a possible sentence of imprisonment; and I am not now a

defendant in any pending criminal action other than for

violation of vehicle or traffic laws, ordinances, or regulations

not carrying a possible sentence of imprisonment.

WHEREFORE, I request the Court to enter an Order for

Expungement of all police and court records pertaining to the above

arrest, detention, confinement, and charges.

I solemnly affirm under the penalties of perjury that the contents

of this Petition are true to the best of my knowledge, information and

belief, and that the charge to which this Petition relates was not made

for any nonincarcerable violation of the Vehicle Laws of the State of

Maryland, or any traffic law, ordinance, or regulation, nor is it part of

a unit the expungement of which is precluded under Code*, Criminal

Procedure Article, §10-107.

______________________ ______________________________

(Date) Signature

______________________________

(Address)

______________________________

______________________________

(Telephone No.)

* References to ―Code‖ in this Petition are to the Annotated Code of

Maryland.

REPORTER‘S NOTE

Form 4-504.1 is proposed to be amended to refer to cases that

have been transferred to the juvenile court. The 2012 amendments to

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Code, Criminal Procedure Article, §10-106 [Chapter 563, Laws of

2012 (SB 678)], require the court to grant a request for expungement

of a criminal charge that was transferred to the juvenile court under

Code, Criminal Procedure Article, §§4-202 or 4-202.2. The language

proposed for addition to Form 4-504.1 refers to cases transferred to

the juvenile court pursuant to those sections.

The new paragraph of Form 4-504.1 replaces Rule 11-601, which

is proposed to be deleted.


TITLE 11 - JUVENILE CAUSES

CHAPTER 600 - EXPUNGEMENT

DELETE Rule 11-601, as follows:

[Rule 11-601. EXPUNGEMENT OF CRIMINAL CHARGES

TRANSFERRED TO THE JUVENILE COURT

(a) Procedure

A petition for expungement of records may be filed by a

respondent who is eligible under Code, Criminal Procedure Article,

§10-106 to request expungement. Proceedings for expungement shall

be in accordance with Title 4, Chapter 500 of these Rules, except that

the petition shall be filed in the juvenile court and shall be

substantially in the form set forth in section (b) of this Rule.

(b) Form of Petition

A petition for expungement of records under this Rule shall be

substantially in the following form:

(Caption)

PETITION FOR EXPUNGEMENT OF RECORDS

(Code*, Criminal Procedure Article, §10-106)

1. On or about _____________________________________ , I

was arrested by an officer of the _____________________________

(Law Enforcement Agency)

at _____________________________ , Maryland, as a result of the

following incident ________________________________________

_______________________________________________________

______________________________________________________.

2. I was charged with the offense of _______________________

______________________________________________________ .

3. The charge was transferred to the juvenile court under former

Code*, Article 27, §594A or Code*, Criminal Procedure

Article, §4-202 and (check one of the following boxes):

[ ] No petition under Code*, Courts Article, §3-810 was filed;

[ ] The decision on the juvenile petition was a finding of facts-not-

sustained; or

[ ] I was adjudicated delinquent and I am now at least 21 years of

age.

WHEREFORE, I request the Court to enter an Order for

Expungement of all police and court records pertaining to the above

arrest, detention, confinement, and charges.

I solemnly affirm under the penalties of perjury that the contents of

this Petition are true to the best of my knowledge, information and

belief, and that the charge to which this Petition relates was not made

for any nonincarcerable violation of the Vehicle Laws of the State of

Maryland, or any traffic law, ordinance, or regulation, nor is it part of

a unit the expungement of which is precluded under Code*, Criminal


_________________________ _________________________

(Date) Signature

____________________________

(Address)

____________________________

____________________________

(Telephone No.)

* References to ―Code‖ in this Petition are to the Annotated Code of

Maryland.

Source: This Rule is new.]

REPORTER‘S NOTE

See the Reporter‘s note to Form 4-504.1.



CHAPTER 500 - EXPUNGEMENT OF RECORDS

AMEND Rule 4-501 by deleting the cross reference at the end of

the Rule, as follows:


The procedure provided by this Chapter is exclusive and

mandatory for use in all judicial proceedings for expungement of

records whether pursuant to Code, Criminal Procedure Article, §§10-

102 through 10-109 or otherwise. [Cross reference: For expungement of criminal charges transferred to the

juvenile court, see Rule 11-601 and Code, Criminal Procedure Article, §10-

106.]

Source: This Rule is derived from former Rule EX2.

REPORTER‘S NOTE

The cross reference at the end of Rule 4-501 is proposed to be

deleted in light of the deletion of Rule 11-601. The reference to

Code, Criminal Procedure Article, §10-106 is transferred to Form 4-

504.1.


TITLE 6 - SETTLEMENT OF DECEDENTS’ ESTATES

CHAPTER 400 - ADMINISTRATION OF ESTATES

AMEND Rule 6-416 to change a word in subsection (a)(1), to add

language to section (b) pertaining to certain conditions for payment

of attorneys‘ fees without court approval, and to make stylistic

changes, as follows:

Rule 6-416. ATTORNEY‘S FEES OR PERSONAL

REPRESENTATIVE‘S COMMISSIONS

(a) Subject to Court Approval

(1) Contents of Petition

When a petition for the allowance of attorney‘s fees or personal

representative‘s commissions is required, it shall be verified and shall

state: (A) the amount of all fees or commissions previously allowed,

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(B) the amount of fees or commissions that the petitioner reasonably

[anticipates] estimates will be requested in the future, (C) the amount

of fees or commissions currently requested, (D) the basis for the

current request in reasonable detail, and (E) that the notice required

by subsection (a)(3) of this Rule has been given.

(2) Filing - Separate or Joint Petitions

Petitions for attorney‘s fees and personal representative‘s

commissions shall be filed with the court and may be filed as separate

or joint petitions.

(3) Notice

The personal representative shall serve on each unpaid creditor

who has filed a claim and on each interested person a copy of the

petition accompanied by a notice in the following form:

NOTICE OF PETITION FOR ATTORNEY‘S FEES OR

PERSONAL REPRESENTATIVE‘S COMMISSIONS

You are hereby notified that a petition for allowance of attorney‘s

fees or personal representative‘s commissions has been filed.

You have 20 days after service of the petition within which to file

written exceptions and to request a hearing.

(4) Allowance by Court

Upon the filing of a petition, the court, by order, shall allow

attorney‘s fees or personal representative‘s commissions as it

considers appropriate, subject to any exceptions.

(5) Exception

An exception shall be filed with the court within 20 days after

service of the petition and notice and shall include the grounds

therefor in reasonable detail. A copy of the exception shall be served

on the personal representative.

(6) Disposition

If timely exceptions are not filed, the order of the court

allowing the attorney‘s fees or personal representative‘s commissions

becomes final. Upon the filing of timely exceptions, the court shall

set the matter for hearing and notify the personal representative and

other persons that the court deems appropriate of the date, time,

place, and purpose of the hearing.

(b) Payment of Attorney’s Fees and Personal Representative’s

Commissions Without Court Approval

[(b)] (1) [Consent in Lieu of Court Approval] Payment of

Contingency Fee for Services Other Than Estate Administration

[(1) Conditions for Payment]

Payment of attorney‘s fees [and personal representative‘s

commissions] may be made without court approval if:

(A) the fee is paid to an attorney representing the estate in

litigation under a contingency fee agreement signed by the decedent

or the current personal representative of the decedent’s estate;

(B) the fee does not exceed the terms of the contingency fee

agreement;

(C) a copy of the contingency fee agreement is on file with the

register of wills; and

(D) the attorney files a statement with each account stating that

the scope of the representation by the attorney does not extend to the

administration of the estate.

(2) Consent in Lieu of Court Approval

Payment of attorney’s fees and personal representative’s

commissions may be made without court approval if:

(A) the combined sum of all payments of attorney‘s fees and

personal representative‘s commissions does not exceed the amounts

provided in Code, Estates and Trusts Article, §7-601; and

(B) a written consent stating the amounts of the payments signed

by (i) each creditor who has filed a claim that is still open and (ii) all

interested persons, is filed with the register in the following form:

BEFORE THE REGISTER OF WILLS FOR ……, MARYLAND

IN THE ESTATE OF:

___________________________________ Estate No. ________

CONSENT TO COMPENSATION FOR

PERSONAL REPRESENTATIVE AND/OR ATTORNEY

I understand that the law, Estates and Trusts Article, §7-601,

provides a formula to establish the maximum total compensation to

be paid for personal representative‘s commissions and/or attorney‘s

fees without order of court. If the total compensation being requested

falls within the maximum allowable amount, and the request is

consented to by all unpaid creditors who have filed claims and all

interested persons, this payment need not be subject to review or

approval by the Court. A creditor or an interested party may, but is

not required to, consent to these fees.

The formula sets total compensation at 9% of the first $20,000 of

the gross estate PLUS 3.6% of the excess over $20,000.

Based on this formula, the total allowable statutory maximum

based on the gross estate known at this time is ______________,

LESS any personal representative‘s commissions and/or attorney‘s

fees previously approved as required by law and paid. To date,

$_____________________ in personal representative‘s commissions

and $___________________ in attorney‘s fees have been paid.

Cross reference: See 90 Op. Att‘y. Gen. 145 (2005).

Total combined fees being requested are $____________, to be

paid as follows:

Amount To Name of Personal Representative/Attorney

__________ ________________________________________

__________ ________________________________________

__________ ________________________________________

__________ ________________________________________

I have read this entire form and I hereby consent to the payment of

personal representative and/or attorney‘s fees in the above amount.

Date Signature Name (Typed or Printed)

_________ _______________ _____________________________

_________ _______________ _____________________________

_________ _______________ _____________________________

_________ _______________ _____________________________

_______________________ _____________________________

Attorney Personal Representative

_______________________ ______________________________

Address Personal Representative

_______________________

Address

_______________________

Telephone Number

_______________________

Facsimile Number

_______________________

E-mail Address

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Committee note: Nothing in this Rule is intended to relax requirements for

approval and authorization of previous payments.

[(2)] (3) Designation of Payment

When rendering an account pursuant to Rule 6-417 or a final

report under modified administration pursuant to Rule 6-455, the

personal representative shall designate any payment made under this

section as an expense.

Cross reference: Code, Estates and Trusts Article, §§7-502, 7-601, 7-

602 and 7-604.

REPORTER‘S NOTE

The Rules Committee recommends changing the word

―anticipates‖ in subsection (a)(1) to the word ―estimates‖ for

clarification purposes. An attorney may be unable to anticipate the

exact amount of future fees, but will be able to estimate an amount.

Chapter 80, Laws of 2011 (SB 673) authorizes the payment of

certain contingency fees without court approval if certain conditions

are met. The Committee recommends including these conditions in

Rule 6-416.


TITLE 3 - CIVIL PROCEDURE - DISTRICT COURT

CHAPTER 700 - SPECIAL PROCEEDINGS

AMEND Rule 3-722 to correct obsolete citations in the cross

reference following section (a), as follows:

Rule 3-722. RECEIVERS

(a) Applicability

This Rule applies to a receiver appointed to take charge of

property for the enforcement of a local or state code or to abate a

nuisance. Cross reference: For the power of the District Court to appoint a receiver, see Code, Courts Article, §§4-401 [(7)(i)] (8) and 4-402 (b); Code, Real Property

Article, §14-120; and Baltimore City Building Code, [1997] 2011 Edition,

§[123.9] 121.

. . .

REPORTER‘S NOTE

The proposed amendments delete obsolete references to Code,

Courts Article, §4-401 (7)(i) and Baltimore City Building Code, 1997

Edition, §123.9, and replace those references with updated references

to Code, Courts Article, §4-401 (8) and Baltimore City Building

Code, 2011 Edition, §121.




AMEND Rule 4-212 to add a cross reference after section (e), as

follows:

Rule 4-212. ISSUANCE, SERVICE, AND EXECUTION OF

SUMMONS OR WARRANT

. . .

(e) Execution of Warrant - Defendant Not in Custody

Unless the defendant is in custody, a warrant shall be executed

by the arrest of the defendant. Unless the warrant and charging

document are served at the time of the arrest, the officer shall inform

the defendant of the nature of the offense charged and of the fact that

a warrant has been issued. A copy of the warrant and charging

document shall be served on the defendant promptly after the arrest.

The defendant shall be taken before a judicial officer of the District

Court without unnecessary delay and in no event later than 24 hours

after arrest or, if the warrant so specifies, before a judicial officer of

the circuit court without unnecessary delay and in no event later than

the next session of court after the date of arrest. The court shall

process the defendant pursuant to Rule 4-216 and may make

provision for the appearance or waiver of counsel pursuant to Rule 4-

215. Committee note: The amendments made in this section are not intended to

supersede Code, Courts Article §10-912. Cross reference: See Code, Criminal Procedure Article, §4-109 concerning

invalidation and destruction of unserved warrants, summonses, or other

criminal process for misdemeanor offenses.

. . .

REPORTER‘S NOTE

Chapter 525, Laws of 2012 (SB 496) sets out a procedure for the

invalidation and destruction of unexecuted warrants, summonses, and

other criminal process. The Rules Committee recommends adding a

cross reference after section (e) of Rule 4-212 to draw attention to the

new statute.




AMEND Rule 4-217 by adding a cross reference after section (c),

by deleting language from and adding language to subsection (i)(5) to

include a condition to striking out the forfeiture of bail, by adding

language to subsection (i)(6)(B) to include conditions to striking out

the forfeiture of bail where the defendant is incarcerated outside the

State, and by adding a new subsection (i)(6)(C) to provide for an

exception to subsection (i)(6)(B), as follows:

Rule 4-217. BAIL BONDS

. . .

(c) Authorization to Take Bail Bond

Any clerk, District Court commissioner, or other person

authorized by law may take a bail bond. The person who takes a bail

bond shall deliver it to the court in which the charges are pending,

together with all money or other collateral security deposited or

pledged and all documents pertaining to the bail bond. Cross reference: Code, Criminal Procedure Article, §§5-204 and 5-205. See

Code, Insurance Article, §10-309, which requires a signed affidavit of surety

by the defendant or the insurer that shall be provided to the court if payment of premiums charged for bail bonds is in installments.

. . .

(i) Forfeiture of Bond

(1) On Defendant‘s Failure to Appear - Issuance of Warrant

If a defendant fails to appear as required, the court shall order

forfeiture of the bail bond and issuance of a warrant for the

defendant‘s arrest. The clerk shall promptly notify any surety on the

defendant‘s bond, and the State‘s Attorney, of the forfeiture of the

bond and the issuance of the warrant. Cross reference: Code, Criminal Procedure Article, §5-211.

(2) Striking Out Forfeiture for Cause

If the defendant or surety can show reasonable grounds for the

defendant‘s failure to appear, notwithstanding Rule 2-535, the court

shall (A) strike out the forfeiture in whole or in part; and (B) set aside

any judgment entered thereon pursuant to subsection (4)(A) of this

section, and (C) order the remission in whole or in part of the penalty

sum paid pursuant to subsection (3) of this section. Cross reference: Code, Criminal Procedure Article, §5-208(b)(1) and (2) and

Allegany Mut. Cas. Co. v. State, 234 Md. 278, 199 A.2d 201 (1964).

(3) Satisfaction of Forfeiture

Within 90 days from the date the defendant fails to appear,

which time the court may extend to 180 days upon good cause

shown, a surety shall satisfy any order of forfeiture, either by

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producing the defendant in court or by paying the penalty sum of the

bond. If the defendant is produced within such time by the State, the

court shall require the surety to pay the expenses of the State in

producing the defendant and shall treat the order of forfeiture

satisfied with respect to the remainder of the penalty sum.

(4) Enforcement of Forfeiture

If an order of forfeiture has not been stricken or satisfied within

90 days after the defendant‘s failure to appear, or within 180 days if

the time has been extended, the clerk shall forthwith:

(A) enter the order of forfeiture as a judgment in favor of the

governmental entity that is entitled by statute to receive the forfeiture

and against the defendant and surety, if any, for the amount of the

penalty sum of the bail bond, with interest from the date of forfeiture

and costs including any costs of recording, less any amount that may

have been deposited as collateral security; and

(B) cause the judgment to be recorded and indexed among the

civil judgment records of the circuit court of the county; and

(C) prepare, attest, and deliver or forward to any bail bond

commissioner appointed pursuant to Rule 16-817, to the State‘s

Attorney, to the Chief Clerk of the District Court, and to the surety, if

any, a true copy of the docket entries in the cause, showing the entry

and recording of the judgment against the defendant and surety, if

any.

Enforcement of the judgment shall be by the State‘s Attorney in

accordance with those provisions of the rules relating to the

enforcement of judgments.

(5) Subsequent Appearance of Defendant

When the defendant is produced in court after the period

allowed under subsection (3) of this section, the surety may apply for

the refund of any penalty sum paid in satisfaction of the forfeiture

less any expenses permitted by law. [If the penalty sum has not been

paid, the court, on application of the surety and payment of any

expenses permitted by law, shall strike the judgment against the

surety entered as a result of the forfeiture.] The court shall strike out

a forfeiture of bail or collateral and deduct only the actual expense

incurred for the defendant’s arrest, apprehension, or surrender

provided that the surety paid the forfeiture of bail or collateral

during the period allowed for the return of the defendant under

subsection (3) of this section.

(6) Where Defendant Incarcerated Outside this State

(A) If, within the period allowed under subsection (3) of this

section, the surety produces evidence and the court finds that the

defendant is incarcerated in a penal institution outside this State and

that the State‘s Attorney is unwilling to issue a detainer and

subsequently extradite the defendant, the court shall strike out the

forfeiture and shall return the bond or collateral security to the surety.

(B) If, after the expiration of the period allowed under

subsection (3) of this section, but within 10 years from the date the

bond or collateral was posted, the surety produces evidence and the

court finds that the defendant is incarcerated in a penal institution

outside this State, [and] that the State‘s Attorney is unwilling to issue

a detainer and subsequently extradite the defendant, and that the

surety agrees in writing to defray the expense of returning the

defendant to the jurisdiction in accordance with Code, Criminal

Procedure Article, §5-208 (c), subject to subsection (C) of this

section, the court shall [(i)] strike out the forfeiture[; (ii) set aside any

judgment thereon; and (iii) order the return of the forfeited bond or

collateral or the remission of any penalty sum paid pursuant to

subsection (3) of this section] and refund the forfeited bail bond or

collateral to the surety provided that the surety paid the forfeiture of

bail or collateral within the time limits established under subsection

(3) of this section.

(C) On motion of the surety, the court may refund a forfeited bail

bond or collateral that was not paid within the time limits established

under subsection (3) of this section if the surety produces evidence

that the defendant was incarcerated when the judgment of forfeiture

was entered, and the court strikes out the judgment for fraud,

mistake, or irregularity.

. . .

REPORTER‘S NOTE

Chapter 244, Laws of 2012 (HB 742) requires that an affidavit of

surety be provided to the court if a premium for a bail bond is to be

paid in installments. The Rules Committee recommends adding a

cross reference after section (c) of Rule 4-217 to draw attention to the

new statute.

Chapter 598, Laws of 2011 (HB 682) added a condition to a

court‘s striking a forfeiture of bail or collateral. This condition is that

the surety must have paid the forfeiture during the period allowed by

the statute for the return of the defendant. The law also added the

same condition to a court giving back the forfeited bail bond or

collateral when the defendant is confined in a correctional facility

outside the State, the State‘s Attorney is unwilling to issue a detainer

and later extradite the defendant, and the surety agrees in writing to

defray the expense of returning the defendant to the jurisdiction, but

it included an exception if the surety produces evidence that the

defendant was incarcerated when the judgment of forfeiture was

entered, and the court strikes out the judgment of forfeiture for fraud,


The Rules Committee recommends modifying subsection (i)(5) to

conform to the statutory change. The Committee also recommends

adding language to subsection (i)(6)(B) that conforms to the recent

statutory change and that conforms to an earlier change, which added

the condition of the surety agreeing in writing to defray the expense

of returning the defendant to the jurisdiction as one of the conditions

the court must determine to strike out a forfeiture. A third change is

the addition of a new subsection (i)(6)(C) to conform to the recent

legislation. It allows the court to refund a forfeited bail bond on

collateral if the defendant was incarcerated when the judgment of

forfeiture was entered, and the court strikes out the judgment for

fraud, mistake, or irregularity.




AMEND Rule 4-342 to add a cross reference at the end of section

(e) to a certain statute, as follows:

Rule 4-342. SENTENCING - PROCEDURE IN NON-CAPITAL

CASES

. . .

(e) Notice and Right of Victim to Address the Court

(1) Notice and Determination

Notice to a victim or a victim‘s representative of proceedings

under this Rule is governed by Code, Criminal Procedure Article,

§11-104 (e). The court shall determine whether the requirements of

that section have been satisfied.

(2) Right to Address the Court

The right of a victim or a victim‘s representative to address the

court during a sentencing hearing under this Rule is governed by

Code, Criminal Procedure Article, §11-403. Cross reference: See Code, Criminal Procedure Article, §§11-103 (b) and 11-403 (e) concerning the right of a victim or victim‘s representative to file an

application for leave to appeal under certain circumstances. See Code,

Criminal Procedure Article, §11-103 (e) for the right of a victim to file a motion requesting restitution.

. . .

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1073


REPORTER‘S NOTE

Chapter 362, Laws of 2011, (HB 801) authorizes a victim who

alleges that his or her right to restitution was not considered or was

improperly denied to file a motion requesting relief within 30 days of

the denial or alleged failure to consider. To draw attention to the new

law, the Criminal Subcommittee recommends adding a cross

reference to it after section (e).




AMEND Rule 4-345 to add a cross reference at the end of the

Rule to a certain statute, as follows:

Rule 4-345. SENTENCING - REVISORY POWER OF COURT

(a) Illegal Sentence

The court may correct an illegal sentence at any time.

(b) Fraud, Mistake, or Irregularity

The court has revisory power over a sentence in case of fraud,


(c) Correction of Mistake in Announcement

The court may correct an evident mistake in the announcement

of a sentence if the correction is made on the record before the

defendant leaves the courtroom following the sentencing proceeding.

(d) Desertion and Non-support Cases

At any time before expiration of the sentence in a case involving

desertion and non-support of spouse, children, or destitute parents,

the court may modify, reduce, or vacate the sentence or place the

defendant on probation under the terms and conditions the court

imposes.

(e) Modification Upon Motion

(1) Generally

Upon a motion filed within 90 days after imposition of a

sentence (A) in the District Court, if an appeal has not been perfected

or has been dismissed, and (B) in a circuit court, whether or not an

appeal has been filed, the court has revisory power over the sentence

except that it may not revise the sentence after the expiration of five

years from the date the sentence originally was imposed on the

defendant and it may not increase the sentence. Cross reference: Rule 7-112 (b). Committee note: The court at any time may commit a defendant who is found

to have a drug or alcohol dependency to a treatment program in the

Department of Health and Mental Hygiene if the defendant voluntarily agrees to participate in the treatment, even if the defendant did not timely file a

motion for modification or timely filed a motion for modification that was

denied. See Code, Health General Article, §8-507.

(2) Notice to Victims

The State‘s Attorney shall give notice to each victim and

victim‘s representative who has filed a Crime Victim Notification

Request form pursuant to Code, Criminal Procedure Article, §11-104

or who has submitted a written request to the State‘s Attorney to be

notified of subsequent proceedings as provided under Code, Criminal

Procedure Article, §11-503 that states (A) that a motion to modify or

reduce a sentence has been filed; (B) that the motion has been denied

without a hearing or the date, time, and location of the hearing; and

(C) if a hearing is to be held, that each victim or victim‘s

representative may attend and testify.

(3) Inquiry by Court

Before considering a motion under this Rule, the court shall

inquire if a victim or victim‘s representative is present. If one is

present, the court shall allow the victim or victim‘s representative to

be heard as allowed by law. If a victim or victim‘s representative is

not present and the case is one in which there was a victim, the court

shall inquire of the State‘s Attorney on the record regarding any

justification for the victim or victim‘s representative not being

present, as set forth in Code, Criminal Procedure Article, §11-403 (e).

If no justification is asserted or the court is not satisfied by an

asserted justification, the court may postpone the hearing.

(f) Open Court Hearing

The court may modify, reduce, correct, or vacate a sentence only

on the record in open court, after hearing from the defendant, the

State, and from each victim or victim‘s representative who requests

an opportunity to be heard. The defendant may waive the right to be

present at the hearing. No hearing shall be held on a motion to

modify or reduce the sentence until the court determines that the

notice requirements in subsection (e)(2) of this Rule have been

satisfied. If the court grants the motion, the court ordinarily shall

prepare and file or dictate into the record a statement setting forth the

reasons on which the ruling is based. Cross reference: See Code, Criminal Procedure Article, §8-302, which

allows the court to vacate a judgment, modify a sentence, or grant a new trial

for an individual convicted of prostitution if, when the crime was committed,

the individual was acting under duress caused by the act of another committed

in violation of Code, Criminal Law Article, §11-303, the prohibition against

human trafficking. Source: This Rule is derived in part from former Rule 774 and M.D.R. 774,

and is in part new.

REPORTER‘S NOTE

Chapter 218, Laws of 2011 (SB 327) allows a person convicted of

prostitution under Code, Criminal Law Article, §11-306 to file a

motion to vacate the judgment if, when the individual committed the

crime, the individual was acting under duress cause by the act of

another person committed in violation of Code, Criminal Law

Article, §11-303, the prohibition against human trafficking. The new

law allows the court to vacate the conviction, modify the sentence, or

grant a new trial. To draw attention to the new law, the Rules

Committee recommends adding a cross reference to it at the end of

Rule 4-345.




AMEND Rule 4-262 to add a Committee note after section (a), as

follows:

Rule 4-262. DISCOVERY IN DISTRICT COURT

(a) Applicability

This Rule governs discovery and inspection in the District

Court. Discovery is available in the District Court in actions that are

punishable by imprisonment. Committee note: This Rule also governs discovery in actions transferred from

District Court to circuit court upon a jury trial demand made in accordance

with Rule 4-301 (b)(1)(B). See Rule 4-301 (c).

. . .

REPORTER‘S NOTE

A circuit court judge suggested the addition of Committee note in

Rules 4-262 and 4-263 to Rule 4-301 (c), which provides that

discovery in an action transferred to a circuit court upon a jury trial

demand is governed by Rules 4-262 or 4-263, depending on whether

the demand is made (1) in writing and, unless otherwise ordered by

the court or agreed to by the parties, filed no later than 15 days before

the scheduled trial date, or (2) in open court on the trial date by the

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defendant and the defendant‘s counsel. The Rules Committee

recommends adding a Committee note after section (a) of Rule 4-262

referring to Rule 4-301 (b)(1)(B) and after section (a) of Rule 4-263

referring to Rule 4-301 (b)(1)(A).




AMEND Rule 4-263 to add a Committee note after section (a), as

follows:

Rule 4-263. DISCOVERY IN CIRCUIT COURT

(a) Applicability

This Rule governs discovery and inspection in a circuit court. Committee note: This Rule also governs discovery in actions transferred from

District Court to circuit court upon a jury trial demand made in accordance

with Rule 4-301 (b)(1)(A). See Rule 4-301 (c).

. . .

REPORTER‘S NOTE




CHAPTER 500 - EXPUNGEMENT OF RECORDS

AMEND Rule 4-504 to add a cross reference after section (a), as

follows:

Rule 4-504. PETITION FOR EXPUNGEMENT WHEN CHARGES

FILED

(a) Scope and Venue

A petition for expungement of records may be filed by any

defendant who has been charged with the commission of a crime and

is eligible under Code, Criminal Procedure Article, §10-105 to

request expungement. The petition shall be filed in the original

action. If that action was commenced in one court and transferred to

another, the petition shall be filed in the court to which the action was

transferred. If an appeal was taken, the petition shall be filed in the

circuit court that had jurisdiction over the action. Cross reference: See Code, Criminal Procedure Article, §10-104, which

permits the District Court on its own initiative to order expungement when the State has entered a nolle prosequi as to all charges in a case in which the

defendant has not been served. See Code, Criminal Procedure Article, §10-

105, which allows an individual’s attorney or personal representative to file a petition for expungement if the individual died before disposition of the

charge by nolle prosequi or dismissal.

(b) Contents - Time for Filing

The petition shall be substantially in the form set forth at the

end of this Title as Form 4-504.1. The petition shall be filed within

the times prescribed in Code, Criminal Procedure Article, §10-105.

When required by law, the petitioner shall file with the petition a duly

executed General Waiver and Release in the form set forth at the end

of this Title as Form 4-503.2.

(c) Copies for Service

The petitioner shall file with the clerk a sufficient number of

copies of the petition for service on the State‘s Attorney and each law

enforcement agency named in the petition.

(d) Procedure Upon Filing

Upon filing of a petition, the clerk shall serve copies on the

State‘s Attorney and each law enforcement agency named in the

petition.

(e) Retrieval or Reconstruction of Case File

Upon the filing of a petition for expungement of records in any

action in which the original file has been transferred to a Hall of

Records Commission facility for storage, or has been destroyed,

whether after having been microfilmed or not, the clerk shall retrieve

the original case file from the Hall of Records Commission facility,

or shall cause a reconstructed case file to be prepared from the

microfilmed record, or from the docket entries. Source: This Rule is derived from former Rule EX3 b and c.

REPORTER‘S NOTE

Chapter 359, Laws of 2012 (HB 187) authorizes a decedent‘s

attorney or personal representative to file a petition for expungement

on behalf of the decedent, if he or she died before the disposition of

certain charges by nolle prosequi or dismissal. The Rules Committee

recommends adding a cross reference after section (a) of Rule 4-504

to draw attention to the new statute.



CHAPTER 700 - POST CONVICTION DNA TESTING

AMEND Rule 4-711 to correct internal references in section (b),

as follows:

Rule 4-711. FURTHER PROCEEDINGS FOLLOWING TESTING

(a) If Test Results Unfavorable to Petitioner

If the test results fail to produce exculpatory or mitigating

evidence relevant to a claim of wrongful conviction or sentencing,

the court shall dismiss the petition and assess the cost of DNA testing

against the petitioner.

(b) If Test Results Favorable to Petitioner

(1) If the test results produce exculpatory or mitigating evidence

relevant to a claim of wrongful conviction or sentencing, the court

shall order the State to pay the costs of the testing and:

(A) if no post conviction proceeding was previously filed by the

petitioner under Code, [Criminal Law] Criminal Procedure Article,

§7-102, open such a proceeding;

(B) if a post conviction proceeding is currently pending, permit

the petitioner to amend the petition in that proceeding; or

(C) if a post conviction proceeding was previously filed by the

petitioner under Code, [Criminal Law] Criminal Procedure Article,

§7-102, reopen the proceeding under Code, [Criminal Law] Criminal

Procedure Article, §7-104; or

(D) if the court finds that a substantial possibility exists that the

petitioner would not have been convicted if the DNA testing results

had been known or introduced at trial, order a new trial.

(2) If the court finds that (A) the test results produce exculpatory or

mitigating evidence relevant to a claim of wrongful conviction or

sentencing but (B) a substantial possibility does not exist that the

petitioner would not have been so convicted or sentenced if the test

results had been known or introduced at trial, the court may order a

new trial if it also finds that such action is in the interest of justice.

(3) If the court grants a new trial under subsection (b)(1)(D) or

(b)(2) of this Rule, the court may order the release of the petitioner on

bond or on conditions that the court finds will reasonably assure the

presence of the petitioner at trial. Cross reference: Code, Criminal Procedure Article, §8-201 (i).


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1075


REPORTER‘S NOTE

Rule 4-711 (b) contains three references to ―Code, Criminal Law

Article,‖ which should be references to the Criminal Procedure

Article. Proposed amendments to the Rule correct the references.


TITLE 5 - EVIDENCE

CHAPTER 400 - RELEVANCY AND ITS LIMITS

AMEND Rule 5-404 (b) to correct a certain term and an obsolete

statutory reference, as follows:

Rule 5-404. CHARACTER EVIDENCE NOT ADMISSIBLE TO

PROVE CONDUCT; EXCEPTIONS; OTHER CRIMES

. . .

(b) Other Crimes, Wrongs, or Acts

Evidence of other crimes, wrongs, or acts including delinquent

acts as defined by Code, Courts Article, [§3-801] §3-8A-01 is not

admissible to prove the character of a person in order to show action

in conformity therewith. Such evidence, however, may be admissible

for other purposes, such as proof of motive, opportunity, intent,

preparation, common scheme or plan, knowledge, identity, or

absence of mistake or accident.

. . .

REPORTER‘S NOTE

The amendment to Rule 5-404 corrects an obsolete statutory

reference and corrects the term ―acts‖ to read ―delinquent acts.‖


TITLE 9 - FAMILY LAW ACTIONS

CHAPTER 100 - ADOPTION; GUARDIANSHIP

TERMINATING PARENTAL RIGHTS

AMEND Rule 9-105 to delete the obsolete citation to Code,

Article 27A, §4 in the cross reference following section (b), and to

replace it with the updated citation to Code, Criminal Procedure

Article, §16-204.

Rule 9-105. SHOW CAUSE ORDER; DISABILITY OF A PARTY;

OTHER NOTICE

. . .

(b) Appointment of Attorney for Disabled Party

(1) If the parties agree that a party who is not represented has a

disability that makes the party incapable of consenting or

participating effectively in the proceeding, the court shall appoint an

attorney who shall represent the disabled party throughout the

proceeding.

(2) If there is a dispute as to whether a party who is not represented

has a disability that makes the party incapable of consenting or

participating effectively in the proceeding, the court shall:

(A) hold a hearing promptly to resolve the dispute;

(B) appoint an attorney to represent the alleged disabled party at

that hearing;

(C) provide notice of that hearing to all parties; and

(D) if the court finds at the hearing that the party has such a

disability, appoint an attorney who shall represent the disabled party

throughout the proceeding. Cross reference: See Code, Family Law Article, §§5-307 as to a Public

Agency Guardianship; 5-307 as to a Public Agency Adoption without Prior

TPR; 5-3A-07 as to a Private Agency Guardianship; and 5-3B-06 as to an Independent Adoption. For eligibility of an individual for representation by

the Office of the Public Defender, see Code, Family Law Article §5-307 and

[Code, Article 27A, §4] Code, Criminal Procedure Article, §16-204.

. . .

REPORTER‘S NOTE

The proposed amendment deletes an obsolete reference to Code,

Article 27A, §4 and replaces it with an updated reference to Code,

Criminal Procedure Article, §16-204.


TITLE 15 - OTHER SPECIAL PROCEEDINGS

CHAPTER 1200 - CORAM NOBIS

AMEND Rule 15-1201 to add a Committee note at the end of the

Rule, as follows:


The Rules in this Chapter govern proceedings for a writ of coram

nobis as to a prior judgment in a criminal action. Committee note: The Rules in this Chapter are not intended to apply to

proceedings for a writ of coram nobis as to judgments in civil actions. The failure to seek an appeal in a criminal case does not constitute a waiver of the

right to file a petition for writ of error coram nobis. See Code, Criminal



REPORTER‘S NOTE

Chapter 437, Laws of 2012 (HB 1418) stated that the failure to

seek an appeal in a criminal case may not be construed as a waiver of

the right to file a petition for writ of error coram nobis. The Rules

Committee recommends adding a Committee note after Rule 15-1201

to point out the new law.

[12-16-20]

SCHEDULE Thursday, September 6, 2012

Bar Admissions

AG 35 Attorney Grievance Commission of Maryland v. Daniel

(2011 T) Quinn Mahone

No. 5 Eileen York v. Richard Hession

No. 8 Warren Jerome Yates v. State of Maryland

No. 7 Demetrius Nickens v. Mount Vernon Realty Group, LLC,

et al.

Friday, September 7, 2012

No. 125 John Doe v.

(2011 T) Dept. of Public Safety & Correctional Services

No. 2 Angela Jones Kendall v. State of Maryland

No. 3 Baltimore County Fraternal Order of Police, Lodge No. 4

v. Baltimore County, Maryland

Monday, September 10, 2012

AG 86 Attorney Grievance Commission of Maryland v.

(2011 T) Gerald Isadore Katz

No. 4 Ramiro Arce Gonzalez v. State of Maryland

No. 9 James K. Coleman v. Soccer Association of Columbia, et

al.

Tuesday, September 11, 2012

No. 10 Cherie Ross v. Housing Authority of Baltimore City

No. 1 Veronica Tinsley v. Washington Metropolitan Area

Transit Authority

THE JUDICIARY

1076


No. 25 Kim Hodge v. Washington Metropolitan Area Transit

Authority

On the day of argument, counsel are instructed to register in the

Clerk‘s Office no later than 9:30 a.m. unless otherwise notified.

After September 11, 2012 the Court will recess until October 4,

2012.

BESSIE M. DECKER

Clerk

[12-16-23]

COURT OF SPECIAL

APPEALS

SCHEDULE FOR SEPTEMBER 4, 5, 6,

7, 10, 11, 12, 13, 14, 17, 18, 2012 Tuesday, September 4, 2012

Courtroom No. 1

No. 01286/11 Risha K. Williams vs. Jacob Geesing et al.

No. 01454/11 Mauri Solis-Gumeta vs. State of Maryland

No. 02225/10 Mark Aaron Snyder vs. State of Maryland

No. 00226/12* In Re: Adoption/Guardianship of Precilla C.**

No. 00138/12* In Re: Adoption/Guardianship of Selena C.**

No. 01063/09 Felicia Diggs vs. Direct Enterprises, L.L.C. t/a

Re/Max Specialists

*8-207(a)

Courtroom No. 2

No. 01461/11 Alan J. Upshur vs. State of Maryland

No. 00048/11 Baltimore City Entertainment Group, LP vs. Mayor

and City Council of Baltimore

No. 02156/09 Joseph William Payne vs. Jason Bond vs. State of

Maryland

No. 01245/11 Raven M. Masters vs. State of Maryland

Wednesday, September 5, 2012

Courtroom No. 1

No. 00628/11 Robert J. Rehak et ux. vs. John L. Shadeline

No. 01852/10 Maureen Joan Johnson vs. Patrick Andrew Konka

No. 01393/11* Shirley Wallace vs. Michael Wallace

No. 00862/11 Frederick White et al. vs. Curt M. Watkins, M.D. et

al.

No. 01448/11 Denise Donalds vs. Maryland Department of

Health and Mental Hygiene

*8-207(a)

Courtroom No. 2

No. 00687/11 Shawqa Valentine vs. Albert Holt et al.

No. 00302/09 Ronald J. Ross et al. vs. Mr. Lucky, LLC **

No. 02058/11 Ronald J. Ross vs. Mr. Lucky, LLC **

No. 01400/11 Financial Casualty Insurance Company vs. State of

Maryland

No. 02164/10 JaShawn Logan et al. vs. Prince George‘s County

Maryland et al.

No. 01266/11 Kara A. Keller vs. Charles J. Serio

**Consolidated Cases

Thursday, September 6, 2012

Courtroom No. 1

No. 02284/11 Matthew Manning vs. State of Maryland

No. 01615/11 David A. Samuels vs. Linda O. Samuels

No. 00090/11 David A. Samuels vs. Linda O. Samuels

No. 00835/11 Anna Fichtner vs. David Sandmann et al.

No. 00813/11 Seabright Condominium Association vs. ADC

Builders, Inc.

No. 01180/11 State of Maryland vs. Wendy Lynn Tyler

Courtroom No. 2

No. 00789/11 David Barnes et ux. vs. Greater Baltimore Medical

Center, Inc. et al.

No. 00098/11 Marshall Thompkins et ux. vs. Mortgage Lenders

Network USA, Inc. et al.

No. 00827/11 Megan S. Meese et al. vs. Tim Meese

No. 00224/12* In Re: Adoption/Guardianship of Zanelle D.

No. 00849/11 Robert Burket, Jr. vs. Raymond Burket et ux.

*8-207(a)


Courtroom No. 1

No. 02652/11* Raymond J. Pearson, Jr. vs. Naomi Mason

No. 00075/11 Amy Thomas-Solomon vs. Prince George‘s County

Personnel Board

No. 02676/11* Sandra L. Fazenbaker vs. Webster B. Fazenbaker

No. 00508/11 Juan Jose Diaz vs. State of Maryland

No. 00998/11 Andrew P. Swedo, Jr. vs. W. R. Grace & Co. et al.

*8-207(a)

Courtroom No. 2

No. 00995/11 Mehdi Mirzaie et al. vs. Kambiz Kazemi et al.

No. 01322/11 Mouy Chiev vs. Viseth Ngim et al.

No. 00893/11 Timothy Crockett vs. State of Maryland

No. 00908/11 Tyrone Francis vs. State of Maryland **

No. 00913/11 Milton Smith vs. State of Maryland **

No. 02003/11 Rafael Marquez vs. State of Maryland



Courtroom No. 1

No. 00917/11 Charles Fisher vs. State of Maryland

No. 01744/11 Michael Thomas Dill vs. State of Maryland

No. 00737/11 Bernice Thomas-El vs. Sandra Rasheem

No. 00918/11 The Estate of Frank Bowman, Assignee of Best

Environmental Services & Technologies, LLC

vs. AEGIS Security Insurance Company et al.

No. 01713/11 Eric Lin vs. State of Maryland

Courtroom No. 2

No. 01167/11 Blitz Telecom Consulting, LLC vs. Brett Mingo et

al.

No. 00773/11 Linda Connors, individually etc. vs. Government

Employees Insurance Company

No. 01061/11 John Rawlston vs. State of Maryland

No. 00785/11 Desmond Tyson vs. Louis F. Ellison

No. 02868/11 Kimberly Hamby vs. Reuben I. Hamby


Courtroom No. 1

No. 02023/11 Jericho Baptist Church Ministries, Inc. vs. Gloria

McClam-Magruder et al.

No. 00387/11 Quiana Hubbard vs. LABS, INC.

No. 01559/10 William Adam Malinowski vs. Lewis Martin

THE JUDICIARY

1077


No. 01077/11 Dynacorp Ltd. et al. vs. Aramtel Ltd. et al.

No. 01671/10 Gregory F. Paulay vs. Nancy A. Voisin et al.

No. 00767/11 Erie Insurance Exchange vs. Doris Myers, Personal

Representative of the Estate of Robert Myers et

al.

Courtroom No. 2

No. 00678/11 Montgomery County Office of Child Support

Enforcement ex rel. Carlos Palomera-Valdez vs.

Algeris Arias

No. 00726/11 Fidelity First Home Mortgage Company vs.

Charlene Williams

No. 01419/11 Keith Alan Hanson, Sr. vs. State of Maryland

No. 02856/10 Fen Yanga Muhammad vs. Officer Donald Muir,

Jr. et al.

No. 01311/11 Stephanie Ann Richardson vs. Michael Wayne

Harris et ux.

No. 00812/11 Akin Akinkoye, Personal Representative of the

Estate of Olakunle Ogundeji vs. John Burson et

al. Substitute Trustees

Wednesday, September 12, 2012

Courtroom No. 1

No. 00824/11* James F. Knott, Jr. vs. Charissa Gatt f/k/a Charissa

Knott

No. 01435/11 Shawn William Morgan vs. State of Maryland

No. 00500/11 Robert B. Dapp vs. Linda C. Dapp

No. 00401/11 Gwen Muse-Evans vs. Henry L. Thaggert, III et al.

No. 00809/11 Gina Hatfield vs. Jacob Geesing et al. Substitute

Trustees

No. 01367/11 Sherri A. Turner vs. Raymond M. Kight et al.

*8-207(a)

Courtroom No. 2

No. 00792/11 Wanes Saud et al. vs. Commonwealth Land Title

Insurance Company et al.

No. 01036/11 Jack Spector et al. vs. Realty Capital Company II,

LLC

No. 00578/11 Keith Brown vs. State of Maryland

No. 00177/11 Curtis Warren vs. State of Maryland

No. 02323/10 Terri Ellsworth vs. Andrew Ellsworth

Thursday, September 13, 2012

Courtroom No. 1

No. 03009/10 Deborah Hiob et al. vs. Progressive American

Insurance Company et al.

No. 02655/10 Noel Tshiani vs. Marie-Louise Tshiani

No. 00174/12* In Re: Victoria C.

No. 01926/11 Sharon McKlveen vs. Monika Courts

Condominium

No. 02428/10 Derrell Washington-Coates vs. State of Maryland

No. 00276/11 Taquez Price vs. State of Maryland

*8-207(a)

Courtroom No. 2

No. 02612/10 Delford Mitchell Barnes vs. State of Maryland

No. 01251/11 Huntington Terrace Citizens Assocation vs.

Suburban Hospital

No. 00340/11 Corey Woodhams et al. vs. Linda Paige et al.

No. 02819/10 Malfada Fusco etc. et al. vs. Kevin J. Shannon,

M.D. et al.

No. 00936/11 Robert Lee Murphy vs. State of Maryland

No. 00811/11 Irene Leventhal Koegel vs. Joseph William Koegel,

Jr.


All cases submitted on brief

Courtroom No. 1

No. 00230/11 Martha Noel Fuka vs. Joseph V. Buonassissi, II et

al., Substitute Trustees

No. 01190/11 Phillip Scott Bailey vs. State of Maryland

No. 02878/11 In Re: Omar L.

No. 01518/11 Dawn Perlmutter et al. vs. Trina Varone et al.

No. 02417/11 Lavelle H. Springer vs. State of Maryland

No. 02325/11 Alfonso Young vs. State of Maryland

No. 00549/11 Dana W. Johnson vs. Darielys Pinto

No. 01726/11 Larry Morris Graham vs. State of Maryland

No. 02560/09 Colvin I. Bert vs. Comptroller of the Treasury

No. 01839/11 William Edward Rozzell vs. State of Maryland

No. 01842/11 Dante Maurice Preston vs. State of Maryland

No. 01854/11 Krystal Patricia Price vs. State of Maryland

Courtroom No. 2

No. 01980/11 Charles Madden vs. State of Maryland

No. 01501/11* Vincent Joseph McAvoy vs. Sacha Villiers

Simmons

No. 02026/11* Christopher L. Zembower vs. Lisa M. Zembower

No. 00964/11 Alvaro Hernandez-Lopez vs. State of Maryland

No. 00295/11 Doran Henry Bowers vs. Keith Brierley-Bowers et

al.

No. 01374/11 Tony Turnage vs. State of Maryland

No. 01425/11 Dung Quoc Huynh vs. State of Maryland

No. 01656/11 Jermaine Johnson vs. State of Maryland

No. 01671/11 Donnell Taylor vs. State of Maryland

*8-207(a)



Courtroom No. 1

No. 01443/11 Juan Carlos Carrero-Vasquez vs. State of Maryland

No. 00723/11 Mark Kotlarsky vs. RBC Bank

No. 02257/11 Michael Gambrill vs. State of Maryland

No. 00496/11 Valedia Gross et al. vs. Deutsche Bank National

Trust et al.

No. 02094/11 Aaron Christopher Marcus vs. State of Maryland

No. 02180/11 Robin Edward McGlenn vs. State of Maryland

No. 02191/11 Donte D. Douglass vs. State of Maryland

No. 02874/11 Joe Frank Berry, Jr. vs. State of Maryland

No. 01053/10 Terry Wayne Hammonds vs. State of Maryland

Courtroom No. 2

No. 00563/11 Burman Mathis vs. Brodsky, Renehan, Pearlstein,

Lastra & Bouquet Chtd et al.

No. 01992/11 Brentley Glen Kegarise vs. State of Maryland

No. 01442/11 Darryl Matthews vs. State of Maryland

No. 00823/11 Eun S. Kim vs. Joshua B. Sussal, M.D. et al.

No. 01719/11 Dontae Leon Arrington vs. State of Maryland

No. 01915/11 Delando Brown vs. State of Maryland

No. 00295/12* In Re: Andrew A., David A., and Jacob A.

No. 00688/11 In Re: Malichi W.

No. 00293/12* In Re: Damien W. and Lonnie W.

No. 00165/11 William V. Brown vs. State of Maryland

No. 01993/11 Kevin Woodley vs. State of Maryland

No. 01704/11 James E. Price vs. State of Maryland

*8-207(a)

THE JUDICIARY

1078




Courtroom No. 1

No. 01025/11 Andrea McCutcheon vs. Town of Forest Heights et

al.

No. 02703/07 Andrew Douglas Tuell vs. State of Maryland

No. 00794/11 Bernard G. Keirsey, III vs. Debora Duncan f/k/a

Debora Keirsey

No. 00753/11 Michael K. Fisher, Personal Representative of the

Estate of Robert K. Fisher vs. Doris R. Fisher

No. 01880/11 William E. Young vs. State of Maryland

No. 01961/11 Andre Gary Wooding vs. State of Maryland

No. 00750/11 Brian Lee Moulden vs. State of Maryland

No. 01181/11 Warren Charles Hagans, Jr. vs. State of Maryland

No. 02180/10 Bernard Eric Miller vs. State of Maryland

No. 01200/11 Jordan Jennings vs. State of Maryland

No. 01338/11 Yusuf Kareem vs. State of Maryland

Courtroom No. 2

No. 01495/11 Joe Johnson vs. Jackson & Campbell, P.C. et al.

No. 00289/11 Jodie Yarrington vs. Anthony Deyesu

No. 02479/10 Wesley Torrance Kelly vs. State of Maryland **

No. 02679/10 Wesley Torrence Kelly vs. State of Maryland **

No. 00377/11 Sharon Duncan vs. Joseph V. Buonassissi, II et al.

Substitute Trustees

No. 01145/10 Orville Cooper vs. State of Maryland

No. 00262/11 Charles E. Brent vs. Maryland Parole Commission

No. 01604/10 Rashad Mills vs. Michelle Jones

No. 01716/10 Brian Johnson vs. State of Maryland

No. 02948/10 Dion Wilson vs. State of Maryland


On the day of argument, counsel are instructed to register in the

Office of the Clerk no later than 9:00 a.m. The Court is located at

361 Rowe Boulevard, in the Robert C. Murphy Courts of Appeals

Building. After September, 2012, the Court will recess until October,

2012.

LESLIE D. GRADET

Clerk

ADMINISTRATIVE ORDER

Pursuant to Maryland Rule 8-522(a), I hereby direct that oral

argument in the month of September be limited to 20 minutes per

side, subject to the discretion of the hearing panel to allow additional

argument, not exceeding a total of 30 minutes per side.

This directive applies only to cases scheduled in September, 2012.

Chief Judge‘s signature appears on original

Administrative Order

Dated: July 27, 2012

[12-16-25]

1079


Final Action on Regulations

Symbol Key

• Roman type indicates text already existing at the time of the proposed action.

• Italic type indicates new text added at the time of proposed action.

• Single underline, italic indicates new text added at the time of final action.

• Single underline, roman indicates existing text added at the time of final action.

• [[Double brackets]] indicate text deleted at the time of final action.

Title 07

DEPARTMENT OF HUMAN

RESOURCES

Subtitle 02 SOCIAL SERVICES

ADMINISTRATION

07.02.15 Social Services to Adults

Authority: Human Services Article, §§4-205(a), 4-207, 5-205(a), and 5-207,

Annotated Code of Maryland

Notice of Final Action

[12-108-F]

On July 17, 2012, the Secretary of Human Resources adopted

amendments to Regulation .03 under COMAR 07.02.15 Social

Services to Adults. This action, which was proposed for adoption in

39:9 Md. R. 614 (May 4, 2012), has been adopted with the

nonsubstantive changes shown below.

Effective Date: August 20, 2012.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated

Code of Maryland, the Attorney General certifies that the following

changes do not differ substantively from the proposed text. The

nature of the changes and the basis for this conclusion are as follows:

COMAR 07.02.15.03A(2): Local department Adult Services

supervisors expressed concern that the proposed language listed in

the May 4, 2012, edition of the Maryland Register was confusing as

posted for staff, in determining an individual’s median income and

liquid assets.

.03 Eligibility.

A. An adult is eligible for Social Services to Adults if the adult:

(1) (Proposed text unchanged)

(2) Has income that does not exceed 80 percent of the State

Median Income based on individual family size as described in

COMAR 07.02.04.08 and has liquid assets as described within [[the

limits described in §C of]] this regulation. The following criteria

apply:

(a)—(b) (proposed text unchanged)

(3)—(4) (proposed text unchanged)

A-1.—D. (proposed text unchanged)

THEODORE DALLAS

Secretary of Human Resources

Title 08

DEPARTMENT OF NATURAL

RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §§4-214 and 4-745, Annotated Code of

Maryland


[12-142-F]

On July 31, 2012, the Secretary of Natural Resources adopted

amendments to Regulation .07 under COMAR 08.02.01 General.

This action, which was proposed for adoption in 39:12 Md. R. 747—

748 (June 15, 2012), has been adopted as proposed.


JOHN R. GRIFFIN

Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.24 Seafood Marketing

Authority: Natural Resources Article, §4-11B-02, Annotated Code of Maryland


[12-141-F]

On July 31, 2012, the Secretary of Natural Resources adopted new

Regulation .01 under a new chapter, COMAR 08.02.24 Seafood

Marketing. This action, which was proposed for adoption in 39:12

Md. R. 748—749 (June 15, 2012), has been adopted as proposed.


JOHN R. GRIFFFIN


Subtitle 18 BOATING — SPEED

LIMITS AND OPERATION OF

VESSELS

08.18.02 Personal Watercraft

Authority: Natural Resources Article, §8-704, Annotated Code of Maryland


[12-145-F]

On July 31, 2012, the Secretary of Natural Resources adopted

amendments to Regulation .06 under COMAR 08.18.02 Personal

FINAL ACTION ON REGULATIONS

1080


Watercraft. This action, which was proposed for adoption in 39:12

Md. R. 749—750 (June 15, 2012), has been adopted as proposed.


JOHN R. GRIFFIN


Title 09

DEPARTMENT OF LABOR,

LICENSING, AND

REGULATION

Subtitle 08 HOME IMPROVEMENT

COMMISSION

09.08.01 General Regulations

Authority: Business Regulation Article, §§8-207(a) and 8-501(c)(1)(ix),



[12-096-F]

On July 12, 2012, the Maryland Home Improvement Commission

adopted new Regulation .26 under COMAR 09.08.01 General

Regulations. This action, which was proposed for adoption in 39:8

Md. R. 538—539 (April 20, 2012), has been adopted as proposed.


JOHN BORZ

Chair

Home Improvement Commission

Subtitle 10 RACING COMMISSION

09.10.01 Thoroughbred Rules

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

Maryland


[12-105-F]

On July 17, 2012, the Maryland Racing Commission adopted new

Regulation .88 under COMAR 09.10.01 Thoroughbred Rules. This

action, which was proposed for adoption in 39:9 Md. R. 617—618

(May 4, 2012), has been adopted as proposed.


J. MICHAEL HOPKINS

Executive Director

Maryland Racing Commission

Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE

Subtitle 10 LABORATORIES

10.10.13 Medical Laboratories — Testing for

Hereditary and Congenital Disorders in

Newborn Infants

Authority: Health-General Article, §13-111(d)(4)(iii), Annotated Code of

Maryland


[12-133-F]

On July 23, 2012, the Secretary of Health and Mental Hygiene

adopted amendments to Regulation .06 under COMAR 10.10.13

Medical Laboratories — Testing for Hereditary and Congenital

Disorders in Newborn Infants. This action, which was proposed for

adoption in 39:11 Md. R. 701—702 (June 1, 2012), has been adopted

as proposed.


JOSHUA M. SHARFSTEIN, M.D.

Secretary of Health and Mental Hygiene

Subtitle 14 CANCER CONTROL

10.14.02 Reimbursement for Breast and Cervical

Cancer Diagnosis and Treatment

Authority: Health-General Article, §§2-102, 2-104, and 2-105, Annotated Code of Maryland


[12-123-F]

On July 30, 2012, the Secretary of Health and Mental Hygiene


Reimbursement for Breast and Cervical Cancer Diagnosis and

Treatment. This action, which was proposed for adoption in 39:10

Md. R. 665 (May 18, 2012), has been adopted as proposed.





1081


Title 12

DEPARTMENT OF PUBLIC

SAFETY AND


Subtitle 10 CORRECTIONAL

TRAINING COMMISSION


[12-099-F]

On July 26, 2012, the Secretary of Public Safety and Correctional

Services, in cooperation with the Correctional Training Commission,

adopted:

(1) Amendments to Regulations .04—.06, .09, and .14—.17,

the repeal of existing Regulations .19, .20, .25, and .26, amendments

to and the recodification of existing Regulation .24 to be Regulation

.22, and the recodification of existing Regulations .21—.24 and .27 to

be Regulations .19—.22 and .23 under COMAR 12.10.01 General

Regulations;

(2) The repeal of existing Regulations .01—.31 and new

Regulations .01—.10 under COMAR 12.10.04 Firearms Training;

(3) Amendments to Regulation .01 under COMAR 12.10.05

Electronic Control Device Training and Instructor Certification; and

(4) New Regulations .01—.16 under a new chapter, COMAR

12.10.06 Instructor Training and Certification.

This action, which was proposed for adoption in 39:8 Md. R. 540

— 559 (April 20, 2012), has been adopted as proposed.

Effective Date: January 1, 2013.

GARY D. MAYNARD

Secretary of Public Safety and Correctional Services

Title 13A

STATE BOARD OF

EDUCATION

Subtitle 03 GENERAL

INSTRUCTIONAL PROGRAMS

13A.03.06 Universal Design for Learning

Authority: Education Article, §2-205(c) and (h), Annotated Code of Maryland


[12-130-F-I]

On July 24, 2012, the Maryland State Board of Education adopted

new Regulations .01—.07 under COMAR 13A.03.06 Universal

Design for Learning. This action, which was proposed for adoption

in 39:11 Md. R. 717—718 (June 1, 2012), has been adopted as

proposed.


BERNARD J. SADUSKY, Ed.D.

Interim State Superintendent of Schools

Title 14

INDEPENDENT AGENCIES

Subtitle 09 WORKERS’

COMPENSATION COMMISSION

14.09.01 Procedural Regulations

Authority: Health-General Article, §4-303; Labor and Employment Article,

§§9-307, 9-309, 9-310.2, 9-314, 9-404, 9-405, 9-410, 9-603, 9-625, 9-635, 9-689, 9-701, 9-709, 9-710, 9-711, 9-721, 9-731, 9-739, and 9-6A-07; Insurance

Article, §§19-405 and 19-406; State Government Article, §10-1103;



[12-112-F]

On July 19, 2012, the Workers‘ Compensation Commission


Procedural. This action, which was proposed for adoption in 39:10

Md. R. 669—670 (May 18, 2012), has been adopted as proposed.


R. KARL AUMANN

Chairman

Workers‘ Compensation Commission

Title 15

DEPARTMENT OF

AGRICULTURE

Subtitle 11 ANIMAL HEALTH

15.11.08 Eradication of Hog Cholera

Authority: Agriculture Article, §3-101, Annotated Code of Maryland


[12-132-F]

On July 17, 2012, the Secretary of Agriculture adopted the repeal

of existing Regulations .01 — .09 under COMAR 15.11.08

Eradication of Hog Cholera. This action, which was proposed for

adoption in 39:11 Md. R. 718 (June 1, 2012), has been adopted as

proposed.


EARL F. HANCE

Secretary of Agriculture


1082


Subtitle 11 ANIMAL HEALTH

15.11.10 Eradication of Sheep Scabies in

Maryland



[12-131-F]

On July 17, 2012, the Secretary of Agriculture adopted the repeal

of existing Regulations .01 — .11 under COMAR 15.11.10

Eradication of Sheep Scabies in Maryland. This action, which was

proposed for adoption in 39:11 Md. R. 718 — 719 (June 1, 2012),

has been adopted as proposed.


EARL F. HANCE


1083


Withdrawal of Regulations

Title 09


LICENSING, AND

REGULATION

Subtitle 34 OFFICE OF CEMETERY

OVERSIGHT

Notice of Withdrawal

[12-088-W]

The Executive Director of the Office of Cemetery Oversight

withdraws the proposal to adopt (1) new Regulations .01 and .02

under a new chapter, COMAR 09.34.05 Crematories —

Definitions; (2) new Regulations .01 — .13 under a new chapter,

COMAR 09.34.06 Crematories — Permit and Registration

Process and Fees; (3) new Regulations .01 — .06 under a new

chapter, COMAR 09.34.07 Crematories — Inspections,

Complaints, and Discipline; (4) new Regulations .01 — .10 under a

new chapter, COMAR 09.34.08 Crematories — Cremation

Procedures; and (5) new Regulations .01 and .02 under a new

chapter, COMAR 09.34.09 Crematories — Code of Ethics as

published in 39:6 Md. R. 419—426 (March 23, 2012).

Upon the withdrawal of these proposed regulations, the Office of

Cemetery Oversight and the Board of Morticians each will submit a

new set of aligned regulations consistent with the provisions of Ch.

450, Acts of 2010.

MARILYN HARRIS-DAVIS

Executive Director

Office of Cemetery Oversight

Title 10


AND MENTAL HYGIENE

Subtitle 29 BOARD OF MORTICIANS

AND FUNERAL DIRECTORS Notice of Withdrawal

[12-079-W]

The Secretary of Health and Mental Hygiene withdraws the

proposal to (1) repeal Regulation .01, adopt new Regulations .01 and

.10, and recodify existing Regulations .10 ― .12 to be Regulations

.11 ― .13 under COMAR 10.29.01 Hearing Procedures; (2) adopt

new Regulations .01 and .02 under a new chapter, COMAR 10.29.16

Crematories — Definitions; (3) adopt new Regulations .01 ― .10

under a new chapter, COMAR 10.29.17 Crematories ― Permit,

Licensing, and Fees; (4) adopt new Regulations .01 ― .06 under a

new chapter, COMAR 10.29.18 Crematories — Inspections,

Complaints, Investigations, Grounds for Discipline, and

Penalties; (5) adopt new Regulations .01 ― .12 under a new chapter,

COMAR 10.29.19 Crematories ― Cremation Procedures; and (6)

adopt new Regulations .01 and .02 under a new chapter, COMAR

10.29.20 Crematories ― Code of Ethics as published in 39:6 Md.

R. 428—438 (March 23, 2012).



Title 14


Subtitle 09 WORKERS’

COMPENSATION COMMISSION

14.09.01 Procedural Regulations

Authority: Health-General Article, §4-303; Labor and Employment Article,

§§9-307, 9-309, 9-310.2, 9-314, 9-404, 9-405, 9-410, 9-603, 9-625, 9-635, 9-

689, 9-701, 9-709, 9-710, 9-711, 9-721, 9-731, 9-739, and 9-6A-07; Insurance

Article, §§19-405 and 19-406; State Government Article, §10-1103;


Notice of Withdrawal

[12-103-W]

The Workers‘ Compensation Commission withdraws the proposal

to amend Regulation .20 under COMAR 14.09.01 Procedural

Regulations as published in 39:9 Md. R. 621—622 (May 4, 2012).

R. KARL AUMANN

Chairman

Workers‘ Compensation Commission

1084


Proposed Action on Regulations

Title 05

DEPARTMENT OF HOUSING

AND COMMUNITY

DEVELOPMENT

Subtitle 02 BUILDING CODES AND

MATERIALS

05.02.07 Maryland Building Performance

Standards

Authority: Public Safety Article §§12-501—12-508, Annotated Code of Maryland

Notice of Proposed Action

[12-201-P-I]

The Secretary of the Department of Housing and Community

Development proposes to amend Regulations .03—.05 under

COMAR 05.02.07 Maryland Building Performance Standards.

Statement of Purpose

The purpose of this action is to add the following requirements to

the Standards: guest rooms in newly constructed hotels shall be

equipped with a master control device that turns off lighting fixtures

after a certain period of time; local jurisdictions may adopt and

amend the 2012 International Green Construction Code; and local

jurisdictions are prohibited, with certain exceptions, from adopting

amendments to the Standards if the amendments weaken the

automatic fire sprinklers requirements for townhouses and one- and

two-family residences.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposal to require that

guest rooms in newly constructed hotels be equipped with a master

control device that turn off lighting fixtures after a certain period of

time; allow local jurisdictions to adopt and amend the 2012

International Green Construction Code (IGCC); and, prohibit a local

jurisdiction, with certain exceptions, from adopting local

amendments to the Standards if the local amendments weaken the

automatic fire sprinklers requirements for townhouses and one- and

two-family residences, has some economic impact.

The 2012 International Energy Conservation Code (IECC) is

currently incorporated by reference into the Standards. The 2012

IECC already requires newly constructed hotels to be equipped with a

master control device that turns off lighting fixtures and electric

receptacles. A new law passed in 2012, Chapter 606, Acts of 2012,

requires that the master control device turn off lighting fixtures after

a certain period of time. To comply with the additional requirement,

hotel guest rooms can be fitted with master control device that has an

occupancy sensor or a time delay for a relatively small additional

cost, if any. There will be some energy savings by adding these

devices in the newly constructed hotel guest rooms depending upon

the occupancy of the hotel guest rooms.

Under Public Safety Article, §12-504(a), Annotated Code of

Maryland, a local jurisdiction has the authority to adopt and amend

the IGCC. The proposal clarifies the Standards by adding this

existing statutory authority into the Standards. There may be some

positive and negative economic impacts for those jurisdictions that

choose to adopt all or part of the IGCC. The positive impacts include

environmental benefits and energy savings. The economic costs may

include additional construction costs on builders and administrative

costs on local jurisdictions that elect to adopt the IGCC.

Since January 1, 2011, the Standards have required new townhouses

and one-and two-family dwellings (single family homes) to have

automatic fire sprinkler systems. This sprinkler requirement was

contained in the 2009 International Residential Code (IRC) and the

subsequent 2012 IRC, incorporated by reference in the Standards. 13

counties and the City of Baltimore have adopted the sprinkler

standards while 10 counties currently do not have this requirement. In

2012, a new law, Chapter 266, Acts of 2012, prohibits a local

jurisdiction, with certain exceptions, from adopting local

amendments that weaken the automatic fire sprinklers requirements

for single family homes. This proposal will not have an impact in the

local jurisdictions that currently mandate single family sprinkler

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

Symbol Key

• Roman type indicates existing text of regulation.

• Italic type indicates proposed new text.

• [Single brackets] indicate text proposed for deletion.

Promulgation of Regulations

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

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

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

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

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

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

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

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

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

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

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

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

PROPOSED ACTION ON REGULATIONS

1085


systems but it may have an impact in jurisdictions that currently do

not require sprinklers for single family homes.

Revenue (R+/R-)

II. Types of Economic

Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State

agencies: NONE

C. On local governments: (E+) Indeterminable

Benefit (+)

Cost (-) Magnitude

D. On regulated

industries or trade groups: (+) Indeterminable

(-) Indeterminable

E. On other industries or

trade groups: (+) Indeterminable

F. Direct and indirect

effects on public: (+) Indeterminable

(+) $5000.00

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

Section II.)

C. Local jurisdictions that elect to adopt the IGCC may experience

some increase in the costs of reviewing plans, issuing permits and

conducting inspections. The amount is indeterminable because the

number of jurisdictions that will adopt the IGCC and the exact

requirements that will be adopted are unknown and in the discretion

of the local jurisdiction. The local jurisdiction could offset any

additional cost with an increase in fees.

D(1). Building owners and developers will receive the benefit of

saving on energy costs by the installation of timed master control

devices and by building to the IGCC standards. Actual savings are

indeterminable due to factors such as occupancy rates and cost to

operate the new devices. Since new hotels are already required to

have a master control device in each guest room the requirement that

it turn off lights and receptacles within a half hour should not add any

additional costs for installation of the device. To comply with the

existing requirement of the IECC, the hotel industry is using a key

card system where the key card is placed in a holder inside the room.

These master control devices can be set to turn off the lights after 30

seconds from the card being removed; therefore, no additional

equipment is required.

The amount of energy savings from constructing to the IGCC

standard and the increase in construction costs is indeterminable

because the adoption of all or parts of the IGCC is in the discretion of

the local jurisdictions.

D(2). For jurisdictions that currently do not require sprinklers in

single family homes, there will be a small average cost of

approximately $1,600 for adding a multipurpose network sprinkler

system to a house under construction. The Department‘s experience

has been that this additional cost is passed on to the home purchaser.

E. Businesses that sell and install automatic sprinkler systems may

have expanded business opportunities in the additional local

jurisdictions that will have the sprinkler requirements for single

family homes. Businesses that construct or design buildings may

have some expanded opportunities if local jurisdictions adopt the

IGCC but the amount is indeterminable and depends on the

requirements adopted by local jurisdictions.

F(1). The public should also receive environmental benefits in

jurisdictions that adopt the IGCC which include the reduction in

water and electricity use as well as indoor and outdoor environmental

quality and comfort. The amount of benefit is indeterminable and

depends on the requirements adopted by local jurisdictions.

F(2). The installation of automatic fire sprinkler systems in single

family homes has a direct benefit on the public. Results of several

benefit-cost analysis show that the multipurpose network residential

fire sprinkler systems are cost-effective. There is a small average cost

of approximately $1,600 for adding a multipurpose network sprinkler

system to a house under construction. However, when a house fire

occurs, the significant estimated benefits of a residential fire sprinkler

system include a 100 percent reduction in civilian fatalities, a 57

percent reduction in civilian injuries, and a 32 percent reduction of

both direct property damage and indirect property costs. In addition,

houses with sprinklers and smoke alarms also save approximately 8

percent in homeowner insurance premiums. As a result, the economic

benefit of a residential fire sprinkler system to homeowners, over a

30-year period would be approximately $5,000.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small

businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Edward Landon, Director of Codes

Administration, Division of Credit Assurance, Department of

Housing and Community Development, 100 Community Place,

Crownsville, MD 21032, or call telephone 410 -514-7444, or email to

[email protected], or fax to 410-987-8902. Comments will be

accepted through September 10, 2012. A public hearing has not been

scheduled.

Editor‘s Note on Incorporation by Reference

Pursuant to State Government Article, §7-207, Annotated Code of

Maryland, the 2012 International Green Construction Code has been

declared a document generally available to the public and appropriate

for incorporation by reference. For this reason, it will not be printed

in the Maryland Register or the Code of Maryland Regulations

(COMAR). Copies of this document are filed in special public

depositories located throughout the State. A list of these depositories

was published in 39:2 Md. R. 104 (January 27, 2012), and is

available online at www.dsd.state.md.us. The document may also be

inspected at the office of the Division of State Documents, 16 Francis

Street, Annapolis, Maryland 21401.

.03 Definitions. A. (text unchanged)

B. Terms Defined.

(1)—(7) (text unchanged)

(8) Hotel.

(a)‖Hotel‖ means an establishment that offers sleeping

accommodations for compensation.

(b) ―Hotel‖ does not include a bed and breakfast

establishment.

[(8)] (9)—[(11)] (12) (text unchanged)

(13) ―Master control device‖ means:

(a) A control that is activated when a person enters the

room through the primary room–access method; or


1086


(b) An occupancy sensor control that is activated by a

person’s presence in the room.

[(12)] (14)—[(15] (17) (text unchanged)

.04 Incorporation by Reference.

A. In this chapter, the following documents are incorporated by

reference:

(1) (text unchanged)

(2) 2012 International Residential Code for One- and Two-

Family Dwellings (International Code Council, 500 New Jersey

Avenue, N.W., 6th Floor, Washington, DC 20001); [and]

(3) 2012 International Energy Conservation Code (International

Code Council, 500 New Jersey Avenue, N.W., 6th Floor,

Washington, DC 20001)[.]; and

(4) 2012 International Green Construction Code (International

Code Council, 500 New Jersey Avenue, N. W., 6th Floor, Washington

DC 20001).

B. — C. (text unchanged)

D. Modifications to the 2012 International Energy Conservation

Code.

(1) Add a note to Section C101, Scope and General

Requirements: Additional requirements concerning energy

conservation for buildings and structures may be required by the

Energy Conservation Building Standards, Public Utility Companies

Article, §§7-401—7-408, Annotated Code of Maryland, as amended.

(2) Add a note to Section 405.2.3 Specific Application

Controls: For the new construction of hotels:

(a) Each hotel guest room shall be equipped with a master

control device that automatically turns off the power to all of the

lighting fixtures in the guest room no more than 30 minutes after the

room has been vacated; and

(b) A master control device may also control the heating,

ventilation, or air conditioning default settings in hotel guest rooms

30 minutes after a room has been vacated by:

(i) Increasing the set temperature by at least 3 degrees

Fahrenheit when in the air conditioning mode; or

(ii) Decreasing the set temperature by at least 3 degrees

Fahrenheit when in the heating mode.

E. (text unchanged)

.05 Maryland Building Performance Standards.

A. (text unchanged) B. Local Amendments.

(1) Each local jurisdiction:

(a) May by local amendment modify the provisions of the

Standards to address conditions peculiar to the local jurisdiction‘s

community; [and]

(b) May adopt and amend the IGCC to be part of the

Standards applicable in the local jurisdiction.

[(b)] (c) May not adopt any amendments that weaken the

requirements of the IECC or Chapter 13 of the IBC[.]; and

(d) Except as set forth in §C of this regulation, a local

jurisdiction may not adopt any amendments that weaken the

automatic fire sprinkler systems provisions for townhouses and one-

and two-family dwellings contained in the Standards.


C. Section B(1)(d) of this regulation does not apply to:

(1) Any local amendment to the automatic fire sprinkler

systems provisions for townhouses and one– and two–family

dwellings contained in the 2012 IRC enacted prior to October 1,

2012;

(2) Standards governing issuance of a building permit for a

property not connected to an electrical utility; or

(3) Until January 1, 2016, standards governing the issuance of

a building permit for a new one– or two–family dwelling constructed

on:

(a) A lot subject to a valid unexpired public works utility

agreement that was executed before March 1, 2011; or

(b) A lot served by an existing water service line from a

water main to the property line that:

(i) Is less than a nominal 1-inch size;

(ii) Is approved and owned by the public or private water

system that owns the mains;

(iii) Was installed before March 1, 2011; and

(iv) Is fully operational from the public or private main to

a curb stop or meter pit located at the property line.

RAYMOND A. SKINNER

Secretary of Housing and Community Development

Title 09


LICENSING, AND

REGULATION

Subtitle 11 REAL ESTATE

COMMISSION


Authority: Business Occupations and Professions Article, §§17-208 and 17-

315, Annotated Code of Maryland


[12-214-P]

The Real Estate Commission proposes to adopt new Regulation

.27 under COMAR 09.11.01 General Regulations. This action was

considered at a public meeting held on May 23, 2012, notice of which

was given by publication in 39:8 Md. R. 591 (April 20, 2012)

pursuant to State Government Article, §10-506(c)(1), Annotated

Code of Maryland.


The purpose of this action is to require real estate licensees who

are designated as brokers, branch office managers, or team leaders to

complete a continuing education course that includes the

requirements of broker supervision within 90 days of their

designation if they have not completed that course during the

previous 4 years.




The proposed action has no economic impact.



businesses.




Comments may be sent to Katherine Connelly, Executive

Director, Real Estate Commission, 500 N. Calvert Street, Third

Floor, Baltimore, MD 21202, or call 410-230-6227, or email to


1087


[email protected], or fax to 410-333-0023. Comments will

be accepted through September 10, 2012. A public hearing has not

been scheduled.

Open Meeting

Final action on the proposal will be considered by the Real Estate

Commission during a public meeting to be held on September 26,

2012, at 10:30 a.m., at 500 N. Calvert Street, Third Floor, Baltimore,

MD 21202.

.27 Broker Supervision Course.

A licensee who is designated as a broker, branch office manager,

or team leader shall complete a 3 clock hour course that includes the

requirements of broker supervision under COMAR

09.11.06.01B(8)(i) within 90 days of the effective date of the

designation if the licensee has not completed that course during the

previous four years.

J. NICHOLAS D‘AMBROSIA

Chairman

Real Estate Commission

Title 10


AND MENTAL HYGIENE

Subtitle 01 PROCEDURES

10.01.21 Medical Orders for Life-Sustaining

Treatment (MOLST) Form — Procedures and

Requirements

Authority: Health-General Article, §§2-104, 5-608, 5-608.1, and 5-609,



[12-206-P]

The Secretary of Health and Mental Hygiene proposes to adopt

new Regulations .01—.07 under a new chapter, COMAR 10.01.21

Medical Orders for Life-Sustaining Treatment (MOLST) Form

— Procedures and Requirements.

At this time, the Secretary is also withdrawing new Regulations

.01—.07 under a new chapter, COMAR 10.01.21 Medical Orders

for Life-Sustaining Treatment (MOLST) Form — Procedures

and Requirements as proposed in 38:20 Md. R. 1213—1215

(September 23, 2011)


The purpose of this action is to implement Ch. 434, Acts of 2011,

by creating a Medical Orders for Life-Sustaining Treatment

(MOLST) form and instructions for the use of the form, and by

adopting related procedures and requirements. These proposed

regulations were developed through a deliberative and inclusive

process.

Originally, these regulations were proposed in the September 23,

2011 Maryland Register with the public comment period ending

October 24, 2011. Approximately 27 comments were received. The

Department is grateful to those who contributed their comments

throughout the development of these regulations. All comments were

closely examined.

The following is a summary of the substantive categories of

comments received during this public comment period and the

Department‘s assessment and decision.

Comment: Several comments emphasized the value of patient

decision making in health care and urged DHMH to issue regulations

to implement MOLST.

Response: DHMH is proposing these regulations to implement

MOLST and support patient autonomy in key health care decisions.

Because DHMH highly values the input of affected organizations and

individuals, the Department accepted public comment on the initial

proposal. DHMH is accepting public comments on this proposal as

well.

Comment: Several comments recommended providing time for

training and preparation prior to implementation of the MOLST

regulation.

Response: DHMH agrees with this comment. The final MOLST

regulation will provide time for training and preparation.

Comment: Several comments expressed concern that under certain

circumstances, the MOLST is inappropriate and could affect the trust

between the provider and the patient. Specifically, comments

recommended that MOLST should not be required for patients whose

primary diagnosis is related to pregnancy, children under age 18 with

non-life threatening conditions, and patients with a primary

psychiatric diagnosis.

Response: The proposed regulations exempt these three

populations from the requirement that their physicians fill out a

MOLST form. Physicians caring for these patients may elect to fill

out a MOLST form, depending on the circumstances and the

voluntary participation of the patient. In addition, the training for

MOLST includes education for health care providers about

discussing life-sustaining treatment decisions with a patient or

authorized decision maker.

Comment: A comment noted that the completion of a MOLST

form should always be based on voluntary participation from the

patient or the patient‘s authorized decision maker.

Response: DHMH agrees with the comment. The proposed

MOLST form already includes the following language:

―Mark this line if the patient or authorized decision maker declines

to discuss or is unable to make a decision about these treatments. The

patient‘s or authorized decision maker‘s participation in the

preparation of the MOLST form is always voluntary. If the patient or

authorized decision maker has not limited care, except as otherwise

provided by law, CPR will be attempted and other treatments will be

given.‖

Comment: Several comments expressed concern about the

language on the form related to medical effectiveness and the Health

Care Decisions Act. This legal path is rare in Maryland and must be

substantiated with appropriate documentation.

Response: DHMH recognizes that medical ineffectiveness is a

rarely used path in Maryland. Based on the comments, the proposed

regulation rewords the language related to the Health Care Decisions

Act and makes reference to the requirement for appropriate

documentation in the medical record. The proposal, however, does

not drop all mention of the Health Care Decisions Act from the

MOLST form, on the grounds that (1) Existing EMS forms provide

an option to document an order based on this path, and MOLST

should be consistent with current practice and (2) the MOLST

legislation anticipates that the MOLST form can serve as a single

pathway for orders regarding life-sustaining treatments.

Comment: A comment stated that to be consistent with the Health

General Article, the MOLST regulation should state consistently that

a health care facility shall, ―On request of the patient, offer any


1088


physician or nurse practitioner selected by the patients the

opportunity to participate in updating or completing the form.‖

Response: DHMH agrees. The proposed regulation states:

E. When initially completing a MOLST form or updating an

existing MOLST form, a health care facility shall:

(1) Offer the patient or authorized decision maker the

opportunity to participate in completing or updating the MOLST

form, and on request of the patient, offer any physician or nurse

practitioner selected by the patient the opportunity to participate in

updating or completing the MOLST form.

In addition to the above changes, the proposed regulation corrects

the website address, clarifies a statement related to maintenance of

the MOLST form in the patient‘s active medical record, deletes the

phrase ―Blank order forms shall not be signed,‖ as it is standard not

to sign blank order forms, and makes several clarifications under the

section ―certification for the basis of these orders.‖







businesses.




Comments may be sent to Michele A. Phinney, Director, Office of

Regulation and Policy Coordination, Department of Health

and Mental Hygiene, 201 West Preston Street, Baltimore, MD

21201, or call 410-767-6499; TTY:800-735-2258, or email to



scheduled.

.01 Scope.

This chapter sets out the Medical Orders for Life-Sustaining

Treatment (MOLST) form, instructions, and certain related

procedures and requirements developed by the Department of Health

and Mental Hygiene, in conjunction with the Board of Physicians and

the Maryland Institute for Emergency Medical Services Systems.

.02 Definitions.

A. In this chapter, the following terms have the meanings

indicated.

B. Terms Defined.

(1) ―Advance directive‖ has the meaning stated in Health-

General Article, §5-601(b), Annotated Code of Maryland.

(2) ―Assisted living program‖ has the meaning stated in

COMAR 10.07.14.02.

(3) ―Authorized decision maker‖ means the health care agent,

guardian of the person, or surrogate decision maker who is making

health care decisions on behalf of a patient in accordance with the

Health Care Decisions Act, Health-General Article, §§5-601—5-618,

Annotated Code of Maryland.

(4) ―EMS DNR order‖ means an emergency medical services

do not resuscitate order as defined in Health-General Article, §5-

601(i), Annotated Code of Maryland.

(5) ―Guardian of the person‖ means a person appointed by a

court to be a guardian of the person of a disabled individual in

accordance with Estates and Trusts Article, §13-705, Annotated

Code of Maryland.

(6) ―Health care‖ has the meaning stated in Health-General

Article, §4-301(f), Annotated Code of Maryland.

(7) ―Health care agent‖ means an agent as defined in Health-

General Article, §5-601(c), Annotated Code of Maryland.

(8) ―Health Care Decisions Act‖ means Health-General

Article, §§5-601—5-618, Annotated Code of Maryland.

(9) ―Health care facility‖ has the meaning stated in Health-

General Article, §5-608.1(a), Annotated Code of Maryland.

(10) ―Health care provider‖ has the meaning stated in Health-

General Article, §5-601(l), Annotated Code of Maryland.

(11) ―Home health agency‖ has the meaning stated in COMAR

10.07.10.02.

(12) ―Hospice‖ means a hospice care program as defined in

COMAR 10.07.21.02.

(13) ―Hospital‖ has the meaning stated in Health-General

Article, §19-301(f), Annotated Code of Maryland.

(14) ―Kidney dialysis center‖ has the meaning stated in

COMAR 10.05.04.01

(15) ―Medical Orders for Life-Sustaining Treatment (MOLST)

form‖ means the form required to be developed pursuant to Health-

General Article, §5-608.1, Annotated Code of Maryland.

(16) ―Medical record‖ has the meaning stated in Health-

General Article, §4-301(i), Annotated Code of Maryland.

(17) ―Minor‖ means an individual younger than 18 years old

who is not married, not the parent of a child, and not otherwise

authorized by law to consent to medical treatment.

(18) ―Nurse practitioner‖ has the meaning stated in Health-

General Article, §5-601(p), Annotated Code of Maryland.

(19) ―Nursing home‖ means a comprehensive care facility or

extended care facility as defined in COMAR 10.07.02.01.

(20) Patient.

(a) Except as provided in §(20)(b), ―patient‖ has the

meaning stated in Health-General Article, §4-301(k), Annotated

Code of Maryland.

(b) ―Patient‖ does not include someone:

(i) Whose primary diagnosis for the current treatment is

a psychiatric disorder, except for dementia, delirium, or mental

disorders due to a medical condition;

(ii) Whose primary diagnosis is related to a current

pregnancy; or

(iii) Who is younger than 18 years old and who is

unlikely to require a life-sustaining treatment.

(21) ―Physician‖ has the meaning stated in Health-General

Article, §5-601(r), Annotated Code of Maryland.

(22) ―Practitioner‖ means a physician or a nurse practitioner.

(23) ―Substantial change in health status‖ means a change in a

patient’s health or functional status that:

(a) Demonstrates an improvement or decline in the patient’s

status that requires the need for interdisciplinary review or revision

of the patient’s health care; and

(b) Is not a temporary change that is self-limited.

(24) ―Surrogate‖ means an individual who makes health care

decisions for a patient pursuant to Health-General Article, §5-605,


.03 Nature and Contents of the MOLST Form and Instructions.

The content of the form and the form’s instructions are as follows:

This document appears at the end of the Proposed Action on

Regulations section of this issue of the Maryland Register.

.04 Use of the MOLST Form.

A. Definitions.

(1) In this regulation, the following terms have the meanings

indicated.


1089


(2) Defined Terms.

(a) ―Completing a MOLST form‖ means:

(i) Certifying, when applicable, the bases for the orders

contained therein;

(ii) Completing section one for all patients and only those

sections two through nine of the form that are related to the patient’s

current medical condition and wishes for care; and

(iii) Signing and dating the MOLST form.

(b) ―Updating a MOLST form‖ means to revise an existing

MOLST form by voiding the existing form and completing a new

MOLST form in accordance with the form’s instructions.

B. Beginning 6 months after the effective date of this chapter, the

following health care facilities are required to accept, update if

appropriate, and complete the MOLST form for each patient during

the admission process in accordance with the form’s instructions:

(1) An assisted living program;

(2) A home health agency;

(3) A hospice;

(4) A kidney dialysis center; and

(5) A nursing home.

C. An assisted living program or a nursing home shall also

complete the MOLST form for a patient:

(1) Admitted before the effective date of these regulations; and

(2) Who continues to reside in the assisted living program or

nursing home 6 months after the effective date of this chapter.

D. Beginning 6 months after the effective date of this chapter, a

hospital shall:

(1) Accept and update if appropriate, a completed MOLST

form in accordance with the form’s instructions; or

(2) Complete a MOLST form for a patient during the patient’s

inpatient stay if the patient is to be discharged or transferred to

another health care facility.

E. When initially completing a MOLST form or updating an

existing MOLST form, a health care facility shall:

(1) Offer the patient or authorized decision maker the

opportunity to participate in completing or updating the MOLST

form, and on request of the patient, offer any physician or nurse

practitioner selected by the patient the opportunity to participate in

updating or completing the MOLST form;

(2) Note in the medical record when a patient or an authorized

decision maker declines to participate in completing or updating the

MOLST form, indicating the date and time of discussion, with whom

the form was discussed, and a summary of the discussion;

(3) Inform the patient or authorized decision maker that the

MOLST form will become part of the medical record and can be

accessed through the procedures used to access a medical record;

and

(4) Give the patient or authorized decision maker a copy of the

completed form within 48 hours or sooner if the patient is discharged

or transferred.

F. A practitioner who completes or updates a MOLST form shall

do so in accordance with the form’s instructions.

G. Except as otherwise provided in the Health Care Decisions Act,

a practitioner shall complete, or update a MOLST form in a manner

that is consistent with:

(1) The known decisions of:

(a) A competent patient; or

(b) An authorized decision maker; and

(2) Any known advance directive if the patient is incapable of

making an informed decision.

.05 Resolving Conflicts Between MOLST Forms.

A. If the medical records of a patient contain more than one

MOLST form, the orders contained in the most recent MOLST form

shall be followed unless and until the form is updated.

B. If MOLST forms completed on different dates contain

conflicting orders, a health care provider shall:

(1) To the extent feasible, discuss any conflicts with the patient

or authorized decision maker; and

(2) Complete an updated MOLST form to reflect the current

wishes of the patient or authorized decision maker.

C. If an updated MOLST form is completed, all older forms shall

be voided in accordance with the form’s instructions.

.06 Reproduction and Alteration of the MOLST Form.

A. A health care provider may freely copy, store electronically,

and subsequently print or otherwise reproduce the form.

B. A health care provider may not alter the contents or format of

the form.

.07 Immunity.

A health care provider that, in good faith, authorizes the

provision, withholding, or withdrawing of treatment in furtherance of

orders contained in a MOLST form is entitled to the immunity

provided under Health-General Article, §5-609, Annotated Code of

Maryland.



Subtitle 09 MEDICAL CARE

PROGRAMS

10.09.33 TCA Substance Abuse Services

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,



[12-204-P]

The Secretary of Health and Mental Hygiene proposes to repeal

existing Regulations .01—.12 under COMAR 10.09.33 TCA

Substance Abuse Services.


The purpose of this action is to repeal this chapter in its entirety

because it is obsolete and is no longer offered by the Department.







businesses.




Comments may be sent to Michele Phinney, Director, Office of

Regulation and Policy Coordination, Department of Health and

Mental Hygiene, 201 Preston Street, Room 512, Baltimore, Maryland

21201, or call 410-767-6499 (TTY 800-735-2258), or email to



scheduled.

JOSHUA M. SHARFSTIEN, M.D.



1090


Subtitle 09 MEDICAL CARE

PROGRAMS

10.09.49 Case Management for Children

Diverted/Returned from Out-of-State

Residential Treatment Facilities

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,



[12-205-P]

The Secretary of Health and Mental Hygiene proposes to repeal

existing Regulations .01—.13 under COMAR 10.09.49 Case

Management for Children Diverted/Returned from Out-of-State

Residential Treatment Facilities.


The purpose of this action is to repeal this chapter in its entirety

since the services have not been utilized in over 5 years.







businesses.






Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore,

Maryland 21201, or call 410-767-6499 (TTY 800-735-2258), or

email to [email protected], or fax to 410-767-6483. Comments

will be accepted through September 10, 2012. A public hearing has

not been scheduled.

JOSHUA M. SHARFSTIEN, M.D.


Subtitle 26 BOARD OF

ACUPUNCTURE


Authority: Health Occupations Article, §1A-316, Annotated Code of Maryland


[12-213-P]

The Secretary of Health and Mental Hygiene proposes to amend

Regulation .07 under COMAR 10.26.02 General Regulations.

This action was considered at a public meeting held on

May 8, 2012, notice of which was given since January 1, 2012,

on the Board of Acupuncture website at

http://dhmh.maryland.gov/bacc/SitePages/boardmeetings.aspx, pursuant

to State Government Article, §10-506(c)(1), Annotated Code of

Maryland.


The purpose of this action is to :

(1) Alter the number of treatments within a new time frame

which an applicant to be an auricular detoxification specialist (ADS)

must complete as part of the required training program;

(2) Repeal a requirement that a licensed acupuncturist seeking

to be a supervisor of a registered ADS take a certain course;

(3) Alter the required number of visits that the supervisor of an

ADS perform and requiring that the visits take place prior to renewal

of the ADS registration;

(4) Repeal a requirement that ADS treatment records be

maintained in a certain manner;

(5) Require that the ADS and Board are notified if the

supervisor is unwilling or unable to continue in the role of ADS

supervisor; and

(6) Repeal a requirement that to renew a registration as an

ADS, an ADS must submit documentation that their supervisor meets

the requirements for a license as an acupuncturist.







businesses.






Mental Hygiene, 201 W. Preston Street, Baltimore, Maryland 21201,

or call 410-767-6499 (TTY 800-735-2258), or email to



scheduled.

.07 Auricular Detoxification Specialist.

A. (text unchanged)

B. Registration. Before registering with the Board as an auricular

detoxification specialist, an applicant shall:

(1) Provide documentation of successful completion of a

training program that:

(a) Consists of a minimum 70-hour basic training of which

40 hours are clinical training which includes the following training

and subject matter:

(i) At least [20] 5 treatments during a [4-hour] 10-minute

period with good point location and techniques;

(ii)—(xii) (text unchanged)

(b) (text unchanged)


C. The Board may approve a Maryland licensed acupuncturist for

supervision of an individual registered to perform auricular

detoxification if the licensee:


(2) Has completed a training program in auricular

detoxification as set forth in §B of this regulation; and

[(3) Has completed an auricular detoxification specialist

supervisor training course that consists of:

(a) Maryland law and regulations;

(b) Management skills, including but not limited to:

(i) Appropriate record keeping;

(ii) Ordering supplies;


1091


(iii) Scheduling; and

(iv) Daily operation requirements;

(c) Auricular detoxification methodologies, including but

not limited to:

(i) Point location;

(ii) Clean needle technique; and

(iii) Environmental hazards;

(d) Teaching and leadership skills;

(e) Patient safety and risk management;

(f) Occupational Safety and Health Administration (OSHA)

requirements;

(g) Health Insurance Portability and Accountability Act

(HIPAA) requirements;

(h) Auricular detoxification program development; and

(i) Ethics, including but not limited to:

(i) Complaint resolution; and

(ii) Professional boundaries; and]

[(4)] (3) (text unchanged)

D. Supervisor Responsibilities. A supervisor shall ensure that:


(2) [Auricular detoxification treatment records for patients of

auricular detoxification specialists are maintained in a manner

appropriate for and consistent with current and reasonable

community standards of care] The supervised auricular detoxification

specialist and the Board are notified if the supervisor cannot or is

unwilling to fill the role of supervisor; and

(3) An on-site visit with the auricular detoxification specialist

occurs at least once [every 2 months] annually before renewal.

E. Renewal of Registration.


(2) Before a registration expires, an individual registered to

perform auricular detoxification may renew registration if the

individual submits:

(a) A completed renewal application on the form required by

the Board; and

[(b) Documentation that the supervising licensee meets the

requirements for a license;]

[(c)] (b)—[(d)] (c) (text unchanged)


F.—H. (text unchanged)



Subtitle 32 BOARD OF PHYSICIANS

10.32.08 Licensure of Athletic Trainers

Authority: Health Occupations Article, §§14-205 and 14-5D-01—14-5D-20,



[12-215-P]

The Secretary of Health and Mental Hygiene proposes to adopt

new Regulations .01—.12 under a new chapter, COMAR 10.32.08

Licensure of Athletic Trainers.

At this time, the Secretary of Health and Mental Hygiene is also

withdrawing new Regulations .01—.11 under a new chapter,

COMAR 10.32.08 Licensure of Athletic Trainers, as proposed in

38:22 Md. R. 1360—1365 (October 21, 2011).

This action was considered at a public meeting on May 23, 2012,

notice of which was given by publication in 39:9 Md. R. 635 ( May

4, 2012), pursuant to State Government Article, §10-506(c)(1),



The purpose of this action is to establish requirements for the

licensure and discipline of a new allied health profession, athletic

training. The regulations include requirements for the advisory

committee, requirements for licensure and scope of practice for an

athletic trainer, grounds for discipline for athletic trainers,

sanctioning guidelines and other matters pertaining to the practice of

athletic trainers.




I. Summary of Economic Impact. The Board of Physicians will

incur expenses as a result of establishing a new licensure program,

reviewing applications, responding to inquiries, maintaining a data

system, handling any disciplinary actions, etc. A moderate fee will be

imposed on athletic trainers to offset the cost of these services. In

addition, there could be some income generated from penalties under

Regulation .11; however, based on the experience in other allied

health programs, the revenue from assessed penalties would be

minimal and has been estimated at $0.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: (R+) $100,000

(E+) $104,858

B. On other State

agencies: NONE

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated

industries or trade groups: (-) $100,000


effects on public: (+) Unquantifiable


Section II.)

A(1). Income results from initial applications for an estimated 500

athletic trainers who are already certified by the national organization

and practicing in Maryland. (As of June 24, 2011, there are 607

certified athletic trainers with Maryland addresses. Some of these

may not be working in Maryland in athletic trainer positions.) Initial

licensing fee is $200 (for a 2-year period).

500 × $200 = $100,000

Evaluation and Treatment Protocol fee is waived through

September 2012; therefore, no revenue is anticipated.

Renewals and reinstatements will not occur during the initial

phase of implementing licensure since initial licenses will cover a 2-

year period.

A(2). Staff needed to support this program, including preparing

documents for use by the program, reviewing applications for

licensure, verifying information of the applications, contacting

applicants with questions, reviewing evaluation and treatment

protocols, issuing licenses. The secretary will maintain all paperwork

and files, handle telephone inquiries, prepare packets for committee

meetings and maintain minutes of those meetings, and prepare


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documents to be submitted to the Board each month.

D. Fees, which are identified in A.1., will be paid by the regulated

industry or individuals.

F. Impact of public will be to insure that the public can assume

that an ―athletic trainer‖ is a licensed professional meeting specified

criteria. This is not quantifiable.



businesses.






Mental Hygiene, 201 W. Preston Street, Room 521, Baltimore,

Maryland 21201, or call 410-767-6499 (TTY 800-735-2258), or

email to [email protected], or fax to 410-767-6483. Comments


not been scheduled.

.01 Scope.

A. This chapter governs the practice of athletic training.

B. This chapter does not prohibit an athletic training student who

is enrolled in an accredited athletic training educational program

from performing without pay any of the procedures described in this

chapter as part of that program’s athletic training clinical

curriculum.

C. This chapter does not prohibit an individual from practicing a

health occupation that the individual is authorized to practice under

Health Occupations Article, Annotated Code of Maryland.

D. This chapter does not prohibit an individual employed by the

federal government as an athletic trainer from practicing within the

scope of that employment.

E. This chapter does not apply to an individual employed by or

under contract with an entity located in another state who represents

that entity:

(1) At an athletic event in Maryland;

(2) For a period not exceeding 45 days within a calendar year;

and

(3) By providing athletic training services to individuals

representing the entity at the event.

.02 Definitions.


indicated.

B. Terms Defined.

(1) ―Accredited athletic training educational program‖ means

an athletic training educational program that:

(a) Awards either a bachelor’s or master’s degree in

athletic training; and

(b) Is accredited by the Commission on Accreditation of

Athletic Training Education or its successor.

(2) ―Alternate supervising physician‖ means one or more

physicians designated by the supervising physician to provide

supervision of an athletic trainer:

(a) During the absence of the supervising physician; and

(b) In accordance with the evaluation and treatment

protocol on file with the Board.

(3) ―Athlete‖ means an individual who participates in an

athletic activity.

(4) ―Athletic activity‖ means an exercise, recreation, sport,

competition, or game that:

(a) Requires physical strength, range of motion, flexibility,

control, speed, stamina, or agility; and

(b) Is associated with a setting as defined under this section,

an educational institution or a professional, amateur, or recreational

sports club or athletic organization.

(5) ―Athletic injury‖ means an injury that affects an athlete’s

participation or performance in an athletic activity.

(6) ―Board‖ means the State Board of Physicians.

(7) ―Certifying board‖ means the Board of Certification, Inc.,

or its successor.

(8) ―Committee‖ means the Athletic Trainer Advisory

Committee of the Board.

(9) ―Evaluation and treatment protocol‖ means a document

that is executed by a physician and an athletic trainer that meets the

requirements in Regulation .06 of this chapter.

(10) ―Immediately available instruction‖ means instruction

provided by the supervising physician to the athletic trainer in

person, by telephone, or by other electronic means.

(11) ―Licensed athletic trainer‖ means an individual licensed

by the Board to practice athletic training.

(12) ―Licensed health care practitioner‖ means an individual

licensed, certified, or otherwise authorized to practice a health

occupation under Health Occupations Article, Annotated Code of

Maryland.

(13) ―Nonsupervising physician‖ means a physician licensed

by the Board who is not the supervising physician of the athletic

trainer.

(14) ―Outside referral‖ means a request for treatment from a

nonsupervising physician or licensed health care practitioner.

(15) ―Physician‖ means an individual licensed to practice

medicine in Maryland under Health Occupations Article, Title 14,


(16) Practice Athletic Training.

(a) ―Practice athletic training‖ means application of the

following principles and methods for managing athletic injuries for

athletes in good overall health under the supervision of a licensed

physician:

(i) Prevention;

(ii) Clinical evaluation and assessment;

(iii) Immediate care; and

(iv) Treatment, rehabilitation, and reconditioning.

(b) ―Practice athletic training‖ includes:

(i) Organization and administration of an athletic

training program; and

(ii) Instruction to coaches, athletes, parents, medical

personnel, and community members regarding the care and

prevention of athletic injuries.

(c) ―Practice athletic training‖ does not include any of the

following:

(i) The practice of chiropractic, including adjustments,

manipulation, or high-velocity mobilizations of the spine or

extremities;

(ii) The practice of massage therapy;

(iii) The practice of medicine;

(iv) The practice of occupational therapy;

(v) The practice of physical therapy;

(vi) The practice of podiatry;

(vii) The reconditioning of systemic neurologic injuries,

conditions, or disease; or

(viii) Except for the conditioning of an athlete under the

supervision of a treating physician, the treatment, rehabilitation, or

reconditioning of nonathletic injuries or disease.


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(17) ―Setting‖ means a:

(a) Location where an athletic activity, as defined in §B(4)

of this regulation, is being held;

(b) Health or fitness club;

(c) Clinic or hospital;

(d) Corporation; or

(e) Government agency.

(18) ―Supervising physician‖ means a physician who has been

approved by the Board to supervise one or more athletic trainers.

(19) ―Supervision‖ means the responsibility of a physician to

provide ongoing and immediately available instruction, in person, by

telephone, or by other electronic means, that is adequate to ensure

the safety and welfare of a patient and is appropriate to the setting.

(20) ―Supervision mechanism‖ means continuous availability

to the athletic trainer of a supervising physician by one or more of

the following means:

(a) On-site supervision;

(b) Written instructions;

(c) Electronic means;

(d) Verbal orders; and

(e) Designation of an alternate supervising physician.

(21) Therapeutic Modalities.

(a) ―Therapeutic modalities‖ means a variety of physical

agents used to treat athletic injuries in an effort to decrease pain,

reduce inflammation, decrease swelling, decrease muscle spasm, and

provide a proper environment for the healing process to take place.

(b) ―Therapeutic modalities‖ does not include the use of a

prescription or nonprescription drug.

.03 Committee.

A. The Board shall establish a committee composed of the

following individuals:

(1) Three licensed physicians meeting the following criteria:

(a) At least one physician shall be a specialist in orthopedic

or sports medicine; and

(b) At least two of the physicians shall currently be or in the

past have been partnered with or directed an athletic trainer;

(2) Three athletic trainers who meet the following criteria:

(a) Have at least 5 years of clinical experience as an athletic

trainer;

(b) If appointed or serving before October 1, 2011, be

certified by the certifying board; and

(c) If appointed or serving on or after October 1, 2011, be

licensed as an athletic trainer;

(3) One licensed chiropractor with sports medicine experience;

(4) One licensed physical therapist;

(5) One licensed occupational therapist; and

(6) Two consumers meeting the criteria specified in Health

Occupations Article, §14-5D-05(c), Annotated Code of Maryland.

B. Selection of Athletic Trainers. The Board may appoint the

athletic trainer members from a list of qualified individuals submitted

to the Board by the Maryland Athletic Trainers Association, Inc.

C. Tenure.

(1) The term of a member is 3 years.

(2) The terms of the members are staggered.

(3) At the end of a term, a member continues to serve until a

successor is appointed.

(4) An individual may be reappointed for a second term, but the

individual may not serve more than two full, consecutive terms.

D. Vacancy.

(1) If a vacancy occurs, the Board shall appoint a new member

to serve, as provided in this chapter.

(2) The successor member shall serve only for the remainder of

the term, unless reappointed.

E. Chair.

(1) The Committee shall elect a chair from among its members.

(2) The chair shall serve for 2 years.

F. The Committee shall:

(1) Make recommendations to the Board regarding:

(a) Regulations governing athletic trainers;

(b) Continuing education requirements for license renewal;

and

(c) The practice of athletic training;

(2) Develop and recommend to the Board an evaluation and

treatment protocol for use by an athletic trainer and the physician

with whom the athletic trainer practices;

(3) Upon request of the Board, provide advice and

recommendations to the Board on individual evaluation and

treatment protocols; and

(4) Keep a record of the Committee’s proceedings.

.04 Qualifications for Licensure as an Athletic Trainer.

A. An applicant for licensure as an athletic trainer shall:

(1) Complete an application on a form supplied by the Board;

(2) Pay an application fee as specified in Regulation .08 of this

chapter; and

(3) Submit all documentation which the Board requires to

evaluate the application.

B. To qualify, an applicant shall meet all of the following

requirements:

(1) Be 18 years old or older;

(2) Be of good moral character;

(3) Demonstrate oral and written competency in English by any

of the following:

(a) Graduation from a recognized English-speaking high

school or undergraduate school after at least 3 years of enrollment;

(b) Graduation from a recognized English-speaking

professional school with acceptable proof of proficiency in the oral

and written communication of English; or

(c) Receiving a grade of:

(i) At least 26 on the ―Speaking Section‖ of the Internet-

based Test of English as a Foreign Language; and

(ii) At least 79 on the Internet-based Test of English as a

Foreign Language;

(4) Meet the following education requirements:

(a) A bachelor’s or master’s degree from an accredited

athletic training educational program; or

(b) Exemption from the education requirement because the

applicant:

(i) Was certified by the certifying board on or before

October 1, 2012; and

(ii) Is in good standing with the certifying board at the

time of the application;

(5) Has passed the certification examination of the certifying

board; and

(6) Has been certified and maintains current certification from

the certifying board at the time of application.

.05 Scope of Practice.

A. The scope of practice of an athletic trainer in the domain of

injury prevention and wellness protection includes the following:

(1) Minimization of risk of injury of athletes through awareness

and education;

(2) Monitoring of environmental conditions to facilitate

individual and group safety of athletes;

(3) Maintenance or enhancement of physical conditioning of

athletes; and

(4) Promotion of a healthy lifestyle of athletes using

appropriate education and communication strategies to enhance

wellness and minimize the risk of injury and illness.


1094


B. The scope of practice of an athletic trainer in the domain of

clinical evaluation and assessment includes the following with

respect to athletes:

(1) Obtaining athlete’s health history through observation,

interview, and records review;

(2) Examining athlete’s body to assess the type and extent of

the athletic injury;

(3) Formulating a clinical assessment; and

(4) Communicating information about the athletic injury to

appropriate persons including the athlete.

C. The scope of practice of an athletic trainer in the domain of

immediate and emergency care includes the following with respect to

athletes:

(1) Immediate and emergency procedures including:

(a) CPR;

(b) Applying ice;

(c) Splinting;

(d) Elevation;

(e) Pressure;

(f) Bandaging for bleeding; and

(g) Proper immobilization of spine or other body parts; and

(2) Making appropriate referrals so that the athlete will obtain

appropriate follow-up.

D. The scope of practice of an athletic trainer in the domain of

treatment and rehabilitation includes the following activities,

performed in an approved setting, with respect to athletes with

athletic injuries:

(1) Administering therapeutic and conditioning exercises as

identified by the evaluation and treatment protocols of the

supervising physician;

(2) Administering therapeutic modalities as identified by the

evaluation and treatment protocols of the supervising physician;

(3) Applying braces, splints, or other assistive devices as

identified by the evaluation and treatment protocols of the

supervising physician; and

(4) Reassessing the status of injuries, illnesses, or conditions

using appropriate techniques and documentation strategies to:

(a) Determine appropriate treatment, rehabilitation, or

reconditioning for injuries; and

(b) Evaluate readiness to return to desired level of activity

with respect to injuries, illnesses, or conditions.

E. The scope of practice of an athletic trainer in the domain of

organization and management includes the following activities:

(1) Maintenance of medical records with respect to all athletes

who receive emergency care, assessment, or treatment;

(2) Planning and organization of an athletic training program;

and

(3) Instructing others in prevention of and care for athletic

injuries.

F. The athletic trainer may accept an outside referral from a

nonsupervising physician or licensed health care practitioner if:

(1) The supervising physician specifies in the evaluation and

treatment protocol that the athletic trainer may accept referrals from

nonsupervising physicians or other licensed health care

practitioners;

(2) The nonsupervising physician or licensed health care

practitioner has seen the athlete and has written an order for the

care; and

(3) The duties are:

(a) Within the scope of practice of an athletic trainer; and

(b) Among the duties delegated in the evaluation and

treatment protocol.

.06 Evaluation and Treatment Protocol.

A. Contents. The evaluation and treatment protocol shall include

the following:

(1) Identification, licensure information, and signature of the:

(a) Licensed athletic trainer; and

(b) Licensed supervising physician;

(2) Information about the locations where the athletic trainer

will practice, including both of the following:

(a) Address of the primary location; and

(b) Identification of the setting for each location;

(3) Description of the supervision mechanism that applies to

each setting;

(4) Description of the delegated processes and procedures that

the athletic trainer may use in each of the following areas:

(a) Injury or illness prevention and wellness;

(b) Clinical evaluation and assessment;

(c) Immediate and emergency care;

(d) Treatment, rehabilitation, and reconditioning; and

(e) Organizational and professional well-being;

(5) Descriptions of tasks which the athletic trainer may not

perform;

(6) Description of specialized tasks the supervising physician is

delegating to the athletic trainer to perform with documentation of

competencies, certification, credentials, or any other requirements

established by the Board to support the delegation of the specialized

tasks;

(7) A statement of whether or not the supervising physician will

permit the athletic trainer to accept outside referrals meeting the

requirements stated in Regulation .05F of this chapter;

(8) If applicable, the name and other relevant information

about an alternate supervising physician; and

(9) An attestation that states that the supervising physician will

be responsible for providing ongoing and immediately available

instruction that is adequate to ensure the safety and welfare of a

patient and is appropriate to the setting.

B. Process and Approval.

(1) A licensed athletic trainer and the athletic trainer’s

supervising physician shall submit an evaluation and treatment

protocol on a form approved by the Board.

(2) Fee.

(a) Except as provided in §B(2)(b) of this regulation, the

applicants shall pay a fee as specified in Regulation .08 of this

chapter.

(b) The evaluation and treatment protocol fee shall be

waived for an evaluation and treatment protocol received by the

Board on or before September 30, 2012.

(3) A licensed athletic trainer may not practice athletic

training:

(a) Before the Board has approved the evaluation and

treatment protocol between the supervising physician and the athletic

trainer;

(b) Beyond the scope of practice delegated by the

supervising physician in the Board-approved evaluation and

treatment protocol; or

(c) In a location not identified in the Board-approved

evaluation and treatment protocol.

C. Termination of Evaluation and Treatment Protocol.

(1) If the athletic trainer or the supervising physician

terminates the evaluation and treatment protocol, the athletic trainer

shall cease practicing until another evaluation and treatment

protocol is approved by the Board.


1095


(2) The supervising physician shall report the termination of an

evaluation and treatment protocol for any reason to the Board within

10 days of the termination and provide the following information:

(a) Name and license number of supervising physician and

athletic trainer; and

(b) Reason for termination, including a description of

conduct or incident that resulted in the termination.

D. Emergency Evaluation and Treatment Protocol. In the event of

a sudden departure, incapacity, or death of a supervising physician,

a designated alternate may assume the role of the supervising

physician by submitting a new evaluation and treatment protocol to

the Board within 15 days.

.07 Renewal, Reinstatement, Change in Name or Address, and

Continuing Education.

A. Renewal.

(1) An individual who has been licensed by the Board as an

athletic trainer may renew the license every 2 years on the date

specified by the Board by:

(a) Completing a renewal application on a form supplied by

the Board;

(b) Paying the required renewal fee specified in Regulation

.08 of this chapter;

(c) Attesting to the completion of 50 hours of approved

continuing education credits, earned during the 2-year period

preceding the expiration of the license for athletic training, in

accordance with the requirements specified in §C of this regulation;

(d) Paying or reaching an agreement with the Office of the

Comptroller to pay unpaid unemployment insurance or taxes; and

(e) Meeting any other requirement established by the Board.

(2) The continuing education requirement applies to all

renewal applications after the first renewal.

B. Reinstatement. The Board shall reinstate the license of an

athletic trainer if the athletic trainer:

(1) Completes a reinstatement application on a form supplied

by the Board;

(2) Pays the required reinstatement fee and any other fees

specified in Regulation .08 of this chapter;

(3) Documents evidence of 50 hours of approved continuing

education credits during the 2-year period immediately preceding the

application for reinstatement;

(4) Meets the renewal requirements in §A of this regulation;

and

(5) Is currently registered with the certifying board.

C. Continuing Education.

(1) The following activities are approved continuing education

experiences:

(a) Programs presented by providers approved by the

certifying board;

(b) Professional development activities approved by the

certifying board; and

(c) Courses offered for undergraduate or graduate degree

credit by colleges or universities.

(2) Documentation.

(a) An athletic trainer shall obtain documentation of

completion of continuing education and retain the documentation for

4 years.

(b) The documentation for a program provided by a

provider approved by the certifying board shall contain, at a

minimum, the following information:

(i) Program title;

(ii) Sponsor’s name;

(iii) Athletic trainer’s name;

(iv) Inclusive date or dates and location of the program;

(v) Number of continuing education hours earned; and

(vi) Documented verification that the athletic trainer

attended the program by stamp, signature, printout, or other official

proof.

(c) Documentation for professional development activities

shall be as specified by the certifying board.

(d) Documentation of credits earned through college or

university courses shall be an official transcript from the college or

university.

(3) Proof of maintenance of certification by the certifying

board may be used to document compliance with the continuing

education requirement.

D. Change in Name or Address.

(1) A licensee shall notify the Board in writing of a change in

name or address within 60 days after the change.

(2) Licensees who fail to notify the Board of name or address

changes as required by §D(1) of this regulation are subject to an

administrative penalty of $100.

.08 Fees.

The following fees are applicable to athletic trainers.

A. Initial licensure fee — $200;

B. License renewal fees:

(1) License renewal fee — $135; and

(2) Maryland Health Care Commission (MHCC) fee — as

determined by MHCC under COMAR 10.25.03;

C. Reinstatement fee — $200;

D. Evaluation and treatment protocol — $100;

E. Written verification fee — $25; and

F. Replacement of license fee — $25.

.09 Prohibited Conduct.

A. Subject to the hearing provisions of Health Occupations

Article, §14-405, Annotated Code of Maryland, the Board may deny

a license to any applicant, reprimand any licensee, place any licensee

on probation, or suspend or revoke a license if the applicant or

licensee:

(1) Fraudulently or deceptively obtains or attempts to obtain a

license for the applicant, for the licensee, or for another;

(2) Fraudulently or deceptively uses a license;

(3) Is guilty of unprofessional or immoral conduct in the

practice of athletic training;

(4) Is professionally, physically, or mentally incompetent;

(5) Abandons a patient;

(6) Habitually is intoxicated;

(7) Is addicted to, or habitually abuses, any narcotic or

controlled dangerous substance as defined in Criminal Law Article,

§5-101, Annotated Code of Maryland;

(8) Provides professional services while:

(a) Under the influence of alcohol; or

(b) Using:

(i) Any narcotic or controlled dangerous substance as

defined in Criminal Law Article, §5-101, Annotated Code of

Maryland; or

(ii) Any other drug that is in excess of therapeutic

amounts or without valid medical indication;

(9) Promotes the sale of services, drugs, devices, appliances, or

goods to a patient so as to exploit the patient for financial gain;

(10) Willfully makes or files a false report or record in the

practice of athletic training;

(11) Willfully fails to file or record any report as required

under law, willfully impedes or obstructs the filing or recording of

the report, or induces another to fail to file or record the report;

(12) Breaches patient confidentiality;

(13) Pays or agrees to pay any sum or provide any form of

remuneration or material benefit to any for bringing or referring a

patient or accepts or agrees to accept any sum or any form of


1096


remuneration or material benefit from an individual for bringing or

referring a patient;

(14) Knowingly makes a misrepresentation while practicing

athletic training;

(15) Knowingly practices athletic training with an

unauthorized individual or aids an unauthorized individual in the

practice of athletic trainer services;

(16) Offers, undertakes, or agrees to cure or treat disease by a

secret method, treatment, or medicine;

(17) Is disciplined by a licensing, certifying, or disciplinary

authority or is convicted or disciplined by a court of any state or

country or is disciplined by any branch of the United States

uniformed services or the Veterans Administration for an act that

would be grounds for disciplinary action under Health Occupations

Article, §15-5D-14, Annotated Code of Maryland;

(18) Fails to meet appropriate standards for delivery of athletic

training services;

(19) Knowingly submits false statements to collect fees for

which services have not been provided;

(20) Has been subject to investigation or disciplinary action by

a licensing or disciplinary authority or by a court of any state or

country for an act that would be grounds for disciplinary action

under the Board’s disciplinary statutes and the licensed individual:

(a) Surrendered the license issued by the state or country; or

(b) Allowed the license issued by the state or country to

expire or lapse;

(21) Knowingly fails to report suspected child abuse in

violation of Family Law Article, §5-704, Annotated Code of

Maryland;

(22) Sells, prescribes, gives away, or administers drugs for

illegal or illegitimate medical purposes;

(23) Practices or attempts to practice beyond the authorized

scope of practice;

(24) Refuses, withholds from, denies, or discriminates against

an individual with regard to the provision of professional services for

which the licensee is licensed and qualified to render because the

individual is HIV positive;

(25) Practices or attempts to practice an athletic training

procedure or uses or attempts to use athletic training equipment if

the applicant or licensee has not received education and training in

the performance of the procedure or the use of the equipment;

(26) Fails to cooperate with a lawful investigation conducted

by the Board;

(27) Fails to practice under the supervision of a physician or

violates the approved evaluation and treatment protocol; or

(28) Violates an order of the Board, including any condition of

probation.

B. Crimes of Moral Turpitude.

(1) On the filing of certified docket entries with the Board by

the Office of the Attorney General, the Board shall order the

suspension of a license if the licensee is convicted of or pleads guilty

or nolo contendere with respect to a crime involving moral turpitude,

whether or not any appeal or other proceeding is pending to have the

conviction or plea set aside.

(2) After completion of the appellate process, if the conviction

has not been reversed or the plea has not been set aside with respect

to a crime involving moral turpitude, the Board shall order the

revocation of a license on the certification by the Office of the

Attorney General.

.10 Investigations, Hearings, and Appeals.

A. Complaints alleging prohibited conduct shall be referred to the

Board to be investigated according to the Board’s procedures.

B. A hearing on charges issued under Regulation .09A of this

chapter or Health Occupations Article, §14-5D-14(a), Annotated

Code of Maryland, shall be held in accordance with the hearing

provisions of Health Occupations Article, §§14-405 and 14-5D-15,


C. Proceedings for crimes of moral turpitude, under Health

Occupations Article, §14-5D-14(b), Annotated Code of Maryland, or

Regulation .09B of this chapter shall be held in accordance with

COMAR 10.32.02.08.

D. All other hearings shall be held in accordance with the

Administrative Procedure Act.

E. Appeals from a final Board decision shall be taken in

accordance with Health Occupations Article, §14-5D-15, Annotated

Code of Maryland.

.11 Fines, Penalties, and Sanctioning Guidelines.

A. An individual who violates any provision of Health

Occupations Article, Title 14, Subtitle 5D, Annotated Code of

Maryland, is guilty of a misdemeanor and on conviction is subject to

a fine not exceeding $1,000, or imprisonment not exceeding 1 year,

or both.

B. The Board may impose a civil fine of not more than $5,000 on

an individual who violates any provision of Health Occupations

Article, Title 14, Subtitle 5D, Annotated Code of Maryland.

C. The Board shall deposit a penalty collected under §B of this

regulation into the Board of Physicians fund.

D. General Application of Sanctioning Guidelines.

(1) Sections D and E of this regulation and Regulation .12 of

this chapter do not apply to offenses for which a mandatory sanction

is set by statute or regulation.

(2) Except as provided in §E of this regulation, for violations of

the sections of the Medical Practice Act listed in the sanctioning

guidelines, the Board shall impose a sanction not less severe than the

minimum listed in the sanctioning guidelines nor more severe than

the maximum listed in the sanctioning guidelines for each offense.

(3) Ranking of Sanctions.

(a) For the purposes of this regulation, the severity of

sanctions is ranked as follows, from the least severe to the most

severe:

(i) Reprimand;

(ii) Probation;

(iii) Suspension; and

(iv) Revocation.

(b) A stayed suspension in which the stay is conditioned on

the completion of certain requirements is ranked as probation.

(c) A stayed suspension not meeting the criteria for §D(3)(b)

of this regulation is ranked as a reprimand.

(d) A fine listed in the sanctioning guidelines may be

imposed in addition to but not as a substitute for a sanction. If a

minimum fine is listed, at least the minimum fine shall be imposed in

addition to the sanction listed.

(e) The addition of a fine does not change the ranking of the

severity of the sanction.

(4) The Board may impose more than one sanction, provided

that the most severe sanction neither exceeds the maximum nor is less

than the minimum sanction permitted in the chart.

(5) Any sanction may be accompanied by conditions

reasonably related to the offense or to the rehabilitation of the

offender. The inclusion of conditions does not change the ranking of

the sanction.

(6) If a licensee has violated more than one ground for

discipline as set out in the sanctioning guidelines:

(a) The sanction with the highest severity ranking should be

used to determine which ground will be used in developing a

sanction; and

(b) The Board may impose concurrent sanctions based on

other grounds violated.


1097


(7) Notwithstanding the sanctioning guidelines set forth in

Regulation .12 of this chapter, in order to resolve a pending

disciplinary action, the Board and the licensee may agree to a

surrender of license or a consent order with terms, sanction, and fine

agreed to by the Board, the administrative prosecutor, and the

licensee.

E. Aggravating and Mitigating Factors.

(1) Depending on the facts and circumstances of each case, and

to the extent that the facts and circumstances apply, the Board may

consider the aggravating and mitigating factors set out in §E(4) and

(5) of this regulation and may in its discretion determine, based on

those factors, that an exception should be made and that the sanction

in a particular case should fall outside the range of sanctions listed

in the sanctioning guidelines.

(2) Nothing in this regulation requires the Board or an

Administrative Law Judge to make findings of fact with respect to any

of these factors.

(3) The existence of one or more of these factors does not

impose on the Board or an Administrative Law Judge any

requirement to articulate its reasoning for not exercising its

discretion to impose a sanction outside of the range of sanctions set

out in the sanctioning guidelines.

(4) Mitigating factors may include, but are not limited to, the

following:

(a) The absence of a prior disciplinary record;

(b) The offender self-reported the incident;

(c) The offender voluntarily admitted the misconduct, made

full disclosure to the Board and was cooperative during the Board

proceedings;

(d) The offender implemented remedial measures to correct

or mitigate the harm arising from the misconduct;

(e) The offender made good faith efforts to make restitution

or to rectify the consequences of the misconduct;

(f) The offender has been rehabilitated or exhibits

rehabilitative potential;

(g) The misconduct was not premeditated;

(h) There was no potential harm to patients or the public or

other adverse impact; or

(i) The incident was isolated and is not likely to recur.

(5) Aggravating factors may include, but are not limited to, the

following:

(a) The offender has a previous criminal or administrative

disciplinary history;

(b) The offense was committed deliberately or with gross

negligence or recklessness;

(c) The offense had the potential for or actually did cause

patient harm;

(d) The offense was part of a pattern of detrimental conduct;

(e) The offender committed a combination of factually

discrete offenses adjudicated in a single action;

(f) The offender pursued his or her financial gain over the

patient’s welfare;

(g) The patient was especially vulnerable;

(h) The offender attempted to hide the error or misconduct

from patients or others;

(i) The offender concealed, falsified or destroyed evidence

or presented false testimony or evidence;

(j) The offender did not cooperate with the investigation; or

(k) Previous attempts to rehabilitate the offender were

unsuccessful.

F. Offenses Related to Continuing Medical Education Credits.

(1) First Offense of Failure to Document Credits.

(a) Except as provided in §F(2) or (3) of this regulation, if a

licensee has submitted an application claiming the completion of

continuing medical education credits and the licensee fails to

document the completion of such continuing medical education

credits when audited by the Board, the Board may impose a civil fine

under Health Occupations Article, §14-5D-12, Annotated Code of

Maryland, of up to $100 per missing continuing medical education

credit in lieu of a sanction under Health Occupations Article, §14-

5D-14, Annotated Code of Maryland.

(b) Section F(1)(a) of this regulation does not limit the

Board’s authority to require completion of the missing continuing

medical education credits.

(2) Willful Falsification.

(a) If a licensee has willfully falsified an application with

respect to continuing medical education credits, the licensee may be

charged under one or more of the following, as appropriate:

(i) Health Occupations Article, §§14-5D-14(a)(3),

Annotated Code of Maryland;

(ii) Health Occupations Article, §§14-5D-14(a)(10),

Annotated Code of Maryland; and

(iii) Health Occupations Article, §§14-5D-14(a)(11),


(b) Upon a finding of a violation, the Board may impose any

discipline authorized under Health Occupations Article, §14-5D-14,

Annotated Code of Maryland, and the sanctioning guidelines.

(3) Licensees Previously Disciplined Under §I(1) or (2) of this

regulation.

(a) If a licensee has been previously fined or otherwise

disciplined under §F(1) or (2) of this regulation, the Board may, for a

subsequent offense relating to continuing medical education credits,

charge a licensee under one or more of the following, as appropriate:

(i) Health Occupations Article, §§14-5D-14(a)(3),


(ii) Health Occupations Article, §§14-5D-14(a)(10),

Annotated Code of Maryland; and

(iii) Health Occupations Article, §§14-5D-14(a)(11),


(b) Upon a finding of a violation, the Board may impose any

discipline authorized under Health Occupations Article, §14-5D-14,

Annotated Code of Maryland, and the sanctioning guidelines for a

subsequent offense.

(c) The Board may not apply the sanction described in §F(1)

of this regulation in determining a sanction for a licensee previously

fined or disciplined for an offense related to continuing medical

education credits.

(4) The Board shall pay all monies collected pursuant to this

section into the Board of Physicians Fund.

G. Payment of Fines.

(1) An individual shall pay to the Board any fine imposed under

this regulation within 15 calendar days of the date of the order,

unless the order specifies otherwise.

(2) Filing an appeal under State Government Article, §10-222,

Annotated Code of Maryland, does not stay payment of a fine

imposed by the Board pursuant to this regulation.

(3) If an individual fails to pay, in whole or in part, a fine

imposed by the Board pursuant to this regulation, the Board may not

restore, reinstate, or renew a license until the fine has been paid in

full.

(4) In its discretion, the Board may refer all cases of delinquent

payment to the Central Collection Unit of the Department of Budget

and Management to institute and maintain proceedings to ensure

prompt payment.

.12 Sanctioning Guidelines for Athletic Trainers.

A. Subject to provisions of Regulation .11D—E of this chapter, the

Board may impose sanctions as outlined in §B of this regulation on

athletic trainers for violations of Health Occupations Article, §14-

5D-14, Annotated Code of Maryland.


1098


B. Range of Sanctions.

Ground Maximum

Penalty

Minimum Penalty Maximum Fine Minimum Fine

(1) Fraudulently or deceptively obtains or attempts to

obtain a license for the applicant, for the licensee, or for

another

Revocation Reprimand with 2

years of probation

$5,000 $1,000

(2) Fraudulently or deceptively uses a license Revocation

Probation $5,000 $1,000

(3) Is guilty of unprofessional or immoral conduct in the

practice of athletic training

Revocation

Reprimand $5,000

$1,000

(4) Incompetence.

(a) Is professionally incompetent;

Revocation

Suspension until

professional

incompetence is

addressed to the

Board’s

satisfaction

$5,000

$1,000

(b) Is physically or mentally incompetent

Revocation

Suspension until

physical or mental

incompetence is

addressed to the

Board’s

satisfaction

$5,000

0

(5) Abandons a patient Revocation Reprimand $5,000 $1,000

(6) Is habitually intoxicated Revocation

Suspension until

professional is in

treatment and

abstinent for 6

months

$5,000

0

(7) Is addicted to, or habitually abuses, any narcotic or

controlled dangerous substance as defined in Criminal Law

Article, §5–101, Annotated Code of Maryland

Revocation

Suspension until

professional is in

treatment and

abstinent for 6

months

$5,000

0

(8) Provides professional services while:

(a) Under the influence of alcohol; or

(b) Using any narcotic or controlled dangerous

substance as defined in Criminal Law Article, §5–101,

Annotated Code of Maryland, or any other drug that is in

excess of therapeutic amounts or without valid medical

indication

Revocation

Suspension until

professional is in

treatment and

abstinent for 6

months

$5,000

$1,000

(9) Promotes the sale of services, drugs, devices,

appliances, or goods to a patient so as to exploit the patient

for financial gain

Suspension for 5

years

Reprimand

$5,000

$1,000

(10) Willfully makes or files a false report or record in

the practice of athletic training

Revocation

Reprimand

$5,000 $1,000

(11) Willfully fails to file or record any report as required

under law, willfully impedes or obstructs the filing or

recording of the report, or induces another to fail to file or

record the report

Revocation

Reprimand

$5,000 $1,000

(12) Breaches patient confidentiality Revocation Reprimand $5,000 $1,000

(13) Pays or agrees to pay any sum or provide any form

of remuneration or material benefit to any individual for

bringing or referring a patient or accepts or agrees to

accept any sum or any form of remuneration or material

benefit from an individual for bringing or referring a

patient

Revocation Reprimand

$5,000

$1,000

(14) Knowingly makes a misrepresentation while

practicing athletic training

Revocation

Reprimand

$5,000 $1,000

(15) Knowingly practices athletic training with an

unauthorized individual or aids an unauthorized individual

in the practice of athletic trainer services

Suspension for 1

year

Reprimand

$5,000 $1,000


1099


(16) Offers, undertakes, or agrees to cure or treat disease

by a secret method, treatment, or medicine

Revocation

Reprimand

$5,000

$1,000

(17) Is disciplined by a licensing, certifying, or

disciplinary authority or is convicted or disciplined by a

court of any state or country or is disciplined by any

branch of the United States uniformed services or the

Veterans Administration for an act that would be grounds

for disciplinary action under this section

Penalty

comparable to

what the Board

imposes under

equivalent

Maryland ground

for discipline

Penalty equivalent

to that imposed by

original licensing

authority if this is

less than the Board

sanction would be

Fine comparable

to what the

Board imposes

under equivalent

Maryland ground

for discipline

Fine equivalent

to that imposed

by original

licensing

authority if this

is less than the

Board fine would

be

(18) Fails to meet appropriate standards for the delivery

of athletic training services

Revocation

Reprimand

$5,000

$500

(19) Knowingly submits false statements to collect fees

for which services have not been provided;

Revocation

Reprimand

$5,000

$500

(20) Has been subject to investigation or disciplinary

action by a licensing or disciplinary authority or by a court

of any state or country for an act that would be grounds for

disciplinary action under the Board’s disciplinary statutes;

and the licensed individual:

(a) Surrendered the license issued by the state or

country; or

(b) Allowed the license issued by the state or country to

expire or lapse

Penalty

comparable to

what the Board

imposes under

equivalent

Maryland ground

for discipline

Penalty equivalent

to that imposed by

original licensing

authority if this is

less than the Board

sanction would be

Fine comparable

to what the

Board imposes

under equivalent

Maryland ground

for discipline

Fine equivalent

to that imposed

by original

licensing

authority if this

is less than the

Board fine would

be

(21) Knowingly fails to report suspected child abuse in

violation of Family Law Article, §5–704, Annotated Code

of Maryland

Revocation

Reprimand

$5,000 $500

(22) Sells, prescribes, gives away, or administers drugs

for illegal or illegitimate medical purposes

Revocation

Reprimand and 3

years of probation

with practice

oversight

$5,000 $1,000

(23) Practices or attempts to practice beyond the

authorized scope of practice

Revocation Suspension for 3

months

$5,000 $2,500

(24) Refuses, withholds from, denies, or discriminates

against an individual with regard to the provision of

professional services for which the licensee is licensed and

qualified to render because the individual is HIV positive

Suspension for 1

year

Reprimand

$5,000

$500

(25) Practices or attempts to practice an athletic training

procedure or uses or attempts to use athletic training

equipment if the applicant or licensee has not received

education and training in the performance of the procedure

or the use of the equipment


months

$5,000 $2,500

(26) Fails to cooperate with a lawful investigation

conducted by the Board

Revocation

Reprimand

$5,000 $1,000

(27) Fails to practice under the supervision of a

physician or violates the approved evaluation and

treatment protocol


months

$5,000 $2,500

(28) Violates an order of the Board, including any

condition of probation.


months

$5,000 $2,500




1100


Title 12

DEPARTMENT OF PUBLIC

SAFETY AND


Subtitle 04 POLICE TRAINING

COMMISSION

12.04.07 Police Auxiliary and Reserve Volunteer

Program

Authority: Correctional Services Article, §2-109; Public Safety Article, §3-

208(a); Tax-General Article, §10-208; Annotated Code of Maryland


[12-207-P]

The Secretary of Public Safety and Correctional Services, in

cooperation with the Police Training Commission, proposes to adopt

new Regulations .01 — .11 under a new chapter, COMAR 12.04.07

Police Auxiliary and Reserve Volunteer Program. This action was

considered by the Police Training Commission at a public meeting

held on April 17, 2012.


The purpose of this action is to:

(1) Establish a Police Training Commission (Commission)

definition for active status for use to determine a participant‘s

eligibility for applying a subtraction modification to Maryland

Income tax for participation in a police auxiliary or reserve volunteer

program (program) under Tax-General Article, §10-208(l)(2)(iii)1,


(2) Codify procedures for a law enforcement agency to apply

for Commission approval of the law enforcement agency‘s program

to qualify as an eligible program under Tax-General Article, §10-

208(l)(2)(iii)1, Annotated Code of Maryland; and

(3) Codify law enforcement administrative record-keeping,

reporting, and notification requirements in support of a program

participant‘s application of Maryland Income tax subtraction

modification based on program participation under Tax-General

Article, §§10-208(l)(3) and (5), Annotated Code of Maryland.







businesses.




Comments may be sent to Thomas C. Smith, Director Policy and

Process Review, Maryland Police and Correctional Training

Commission, 6852 4th Street, Sykeville, MD 21784, or call 410 875

3605, or email to [email protected], or fax to 410 875 3584.

Comments will be accepted through September 10, 2012. A public

hearing has not been scheduled.

.01 Purpose.

A. This chapter establishes minimum requirements and a

process for Commission approval of a law enforcement agency’s

police auxiliary or reserve volunteer program for the purposes of the

police auxiliary or reserve volunteer subtraction modification under

Tax-General Article, §10-208(l), Annotated Code of Maryland.

B. This chapter details uniform record-keeping and reporting

requirements for a law enforcement agency with a Commission-

approved police auxiliary or reserve volunteer program for the

purpose of the police auxiliary or reserve volunteer subtraction

modification under Tax-General Article, §10-208(l), Annotated Code

of Maryland.

C. This chapter establishes active status requirements for an

individual participating in a law enforcement agency’s Commission-

approved police auxiliary or reserve volunteer program for the

purpose of the police auxiliary or reserve volunteer subtraction

modification under Tax-General Article, §10-208(l), Annotated Code

of Maryland.

D. This chapter permits the continued application of previous

law enforcement agency police auxiliary or reserve volunteer

program participation for which the individual received the

subtraction modification under Tax-General Article, §10-208(l),

Annotated Code of Maryland, to meet cumulative participation

requirements necessary to qualify as a police auxiliary or reserve

volunteer.

.02 Definitions.


indicated.

B. Terms Defined.

(1) ―Active status‖ means an individual’s approved service

that:

(a) Is provided in support of a law enforcement agency’s

Commission-approved police auxiliary or reserve volunteer

program; and

(b) Totals a minimum of 144 hours of service provided in

support of a law enforcement agency’s Commission-approved police

auxiliary or reserve volunteer program during a taxable year.

(2) ―Commission‖ means the Police Training Commission or a

representative authorized to act on behalf of the Commission.

(3) ―Comptroller‖ has the meaning stated in Tax-General

Article, §10-101, Annotated Code of Maryland.

(4) ―Deputy Director‖ means the Deputy Director of the Police

and Correctional Training Commissions.

(5) ―Law enforcement agency‖ or ―agency‖ has the meaning

stated in Public Safety Article, §3-201, Annotated Code of Maryland.

(6) Police Auxiliary or Reserve Volunteer Program.

(a) ―Police auxiliary or reserve volunteer program‖ or

―program‖ means an agency’s ongoing activity that uses individuals

approved by the agency to assist the agency to perform

administrative or technical tasks, or other services on behalf of the

agency to support the agency’s duties or mission.

(b) ―Police auxiliary or reserve volunteer program‖ or

―program‖ may include an agency’s ongoing activity that otherwise

meets requirements under §B(6)(a) of this regulation, but does not

include the term auxiliary, reserve, or volunteer in the activity’s title.

(7) ―Taxable year‖ has the meaning stated in Tax-General

Article, §10-101, Annotated Code of Maryland.

.03 Minimum Requirements for Commission Approval of a

Program.

A. For the purpose of permitting an individual who participates in

an agency’s program to apply for the subtraction modification under

Tax-General Article, 10-208, Annotated Code of Maryland, an

agency’s program is required to be approved by the Commission.


1101


B. Commission approval of an agency’s program, at a minimum,

requires:

(1) The program to comply with the definition of a police

auxiliary or reserve volunteer program in Regulation .02 of this

chapter;

(2) The program to be incorporated in the agency’s rules and

regulations;

(3) The program to be supervised by a permanent agency

employee;

(4) An individual to successfully complete a related orientation

or training program before the agency may approve the individual to

participate in the program;

(5) The agency to maintain a list of individuals approved to

participate in the program;

(6) That an individual is not compensated, except

reimbursement for nominal expenses and meals, for participation in

the program; and

(7) The agency to maintain information concerning program

approval and an individual’s program participation necessary to

support reporting requirements under Tax-General Article, §§10-

208(l)(3) and (5), Annotated Code of Maryland, and Regulation .07

of this chapter.

.04 Application for Commission Approval and Renewal of Approval

of an Agency Program.

A. An agency applying for Commission approval of a program for

the purpose of the subtraction modification under Tax-General

Article, 10-208(l), Annotated Code of Maryland, shall:

(1) Apply to the Commission using a form or in a format

approved by the Commission;

(2) Submit the application to the Deputy Director; and

(3) Provide with the application:

(a) A copy of the agency’s rules or regulations into which

the program is incorporated; and

(b) Other information that the Commission or the Deputy

Director may require.

B. Approval — Application for Commission Approval of an

Agency Program.

(1) Upon receipt of an application under §A of this regulation,

the Deputy Director, on behalf of the Commission, shall approve a

program if the:

(a) Application is completed according to Commission

requirements;

(b) Application contains sufficient information supporting

that the program meets Commission requirements under this chapter

and requirements under Tax-General Article, §10-208(l), Annotated

Code of Maryland; and

(c) Program complies with other requirements of this

chapter and State law or regulation.

(2) Following approval of an application, the Deputy Director

shall:

(a) Establish a date when the program’s approval expires,

which shall be a maximum of 4 years from the date the program was

approved; and

(b) Within 10 days of approval, provide written notice of the

date the program was approved and approval expiration date to the:

(i) Agency that submitted the application; and

(ii) Comptroller.

C. Denial — Application for Commission Approval of an Agency

Program.

(1) Upon receipt of an application under §A of this regulation,

the Deputy Director, on behalf of the Commission, shall deny

approval of a program if the:

(a) Application is incomplete or improperly completed; or

(b) Program does not:

(i) Meet the requirements of this chapter or requirements

under Tax-General Article, §10-208(l), Annotated Code of Maryland,

for a police auxiliary or reserve volunteer program; or

(ii) Otherwise comply with the requirements of this

chapter or State law or regulation.

(2) Within 10 days of denying approval of an application, the

Deputy Director shall provide to the agency that submitted the

application for approval a written notice stating the reason for

denying approval of the application.

(3) If an application submitted by an agency for Commission

approval of a program is denied, the agency may:

(a) Resubmit an application for Commission approval of the

program if the agency corrects the deficiencies that the Deputy

Director identified justifying denial of the application for

Commission program approval; or

(b) Appeal the Deputy Director’s denial of the application

for Commission approval of a program to the Commission as

established under Regulation .05 of this chapter.

D. Renewal of Commission Approval of an Agency Program.

(1) Not less than 60 days before an agency’s program approval

expires, the agency shall submit a Commission-approved renewal

application form to the Deputy Director if the agency seeks to renew

Commission approval of the program.

(2) Upon receipt of an application under §D(1) of this

regulation, the Deputy Director shall review the agency’s application

for renewal of Commission approval of a program for a maximum of

4 years from the date of renewal and shall:

(a) On behalf of the Commission, renew Commission

approval of the program if the program meets requirements for

original approval established under §B(1) of this regulation; or

(b) Deny renewal of Commission approval of the program

as established under §C(1) of this regulation.

(3) Within 10 days of approving or denying an application for

renewal of a Commission-approved program, the Deputy Director

shall provide to the agency that submitted the renewal application

and the Comptroller a written notice stating that the renewal

application was:

(a) Approved and include the program renewal expiration

date, which may not exceed 4 years from the date of Commission

approval; or

(b) Denied and include the reason the application for

program renewal was denied.

(4) If an agency’s application for renewal of Commission

approval is denied by the Deputy Director, the agency may:

(a) Resubmit an application for renewal of Commission

approval of the program if the agency corrects the deficiencies that

the Deputy Director identified justifying denial of the application for

renewal of Commission approval; or

(b) Appeal the Deputy Director’s denial of the application

for renewal of Commission approval to the Commission as

established under Regulation .05 of this chapter.

.05 Appeal to the Commission of Denial of Approval by the Deputy

Director.

A. An agency may appeal to the Commission a denial by the

Deputy Director of an application for Commission approval or

renewal of Commission approval of the agency’s program.

B. An agency appealing a denial by the Deputy Director of an

application for Commission approval or renewal of Commission

approval of the agency’s program shall:

(1) Submit the appeal in writing to the Executive Director of

the Police and Correctional Training Commissions (Executive

Director) in a format or on a form approved by the Commission; and


1102


(2) Include in the written appeal, the basis for the agency’s

appeal of the denial by the Deputy Director.

C. Upon receipt of an appeal under §B of this regulation, the

Executive Director shall schedule the appeal to be considered by the

Commission at the next Commission meeting that is scheduled at

least 30 days after the date that the appeal was received by the

Executive Director.

D. At the time the agency’s appeal is heard by the Commission,

the Commission:

(1) Shall permit the Deputy Director to testify and present

information related to the denial;

(2) Shall permit a representative from the agency making the

appeal to testify and present information related to the agency’s basis

for the appeal; and

(3) May permit other individuals to testify or present

information that the Commission determines relevant to the appeal.

E. Following testimony and presentation of information under §D

of this regulation, the Commission, by a majority vote of the members

present at the meeting, may:

(1) Sustain the denial by the Deputy Director;

(2) Grant the agency’s appeal unconditionally; or

(3) Grant the agency’s appeal with conditions.

F. Appeal of Denial — Commission’s Decision.

(1) Within 10 days following the Commission’s decision under

§E of this regulation, the Executive Director, or a designee, shall

provide the agency filing the appeal and the Deputy Director written

notice of the Commission’s decision.

(2) If the Commission sustains the denial by the Deputy

Director, the notice shall include the Commission’s reason for

sustaining the denial.

(3) If the Commission grants the appeal without conditions, the

notice shall include:

(a) A statement of Commission approval of the program or

renewal of Commission approval; and

(b) The date of expiration of Commission approval or

renewal of Commission approval, which may not exceed 4 years from

the date of Commission approval of the application.

(4) If the Commission grants the appeal with conditions, the

notice shall include:

(a) A statement of Commission approval of the program or

renewal of Commission approval;

(b) If applicable, an explanation of the conditions with

which the agency shall comply to continue Commission approval of

the program or renewal of Commission approval; and

(c) The date of expiration of Commission approval or

renewal of Commission approval, which may not exceed 4 years from

the date of Commission approval of the application.

G. Within 10 days of the date of receipt of a written notice under

§F(1) of this regulation, the Deputy Director, or a designee, shall

provide written notice including the information under §F(4) of this

regulation to the Comptroller.

H. A decision on an agency’s appeal of a denial of Commission

approval of an agency’s program or renewal of Commission

approval of an agency program is final.

.06 Reporting Changes to a Program.

A. An agency with a Commission-approved program shall report

to the Deputy Director changes to the information submitted as part

of the original application for Commission approval or the most

recent application for renewal of Commission approval of the

program.

B. The agency shall report changes under §A of this regulation

within 30 days after the effective date of the changes.

C. The Deputy Director shall notify the Comptroller of changes

reported under §B of this regulation.

.07 Required Police Auxiliary or Reserve Volunteer Program

Record Keeping and Reporting.

A. Minimum Record-Keeping Requirements.

(1) An agency that has a Commission-approved program, shall

maintain records for each calendar year that includes information on

each individual participating in the agency’s Commission-approved

program as required under Tax-General Article, §10-208(l)(3)(i),


(2) Information required to be maintained under §A(1) of this

regulation shall, at a minimum, include:

(a) The individual’s full name;

(b) The individual’s Social Security Number;

(c) The total hours of service worked by the individual for

the agency’s Commission-approved program that itemizes service

hours worked for each month; and

(d) Other information the Commission or the Comptroller

may require.

B. Report to be Provided to Active Status Individuals.

(1) As required under Tax-General Article, §10-208(l)(3)(ii),

Annotated Code of Maryland, on or before February 15 of each year,

an agency that has a Commission-approved program shall provide a

written report to each individual who the agency determines meets

active status requirements in the agency’s Commission-approved

program between January 1 and December 31 of the preceding year.

(2) The report under §B(1) of this regulation shall:

(a) Be in a format approved by the Commission;

(b) Identify the individual to whom the report pertains by

using the information maintained under §A(2) of this regulation;

(c) Include information for only the identified individual;

and

(d) Include a certification signed by an authorized official of

the agency stating that the identified individual is qualified to apply

for the subtraction modification established under Tax-General

Article, §10-208(l), Annotated Code of Maryland, on the basis that

the individual has, between January 1 and December 31 of the

preceding year:

(i) Participated in a Commission-approved program;

(ii) Met requirements of Tax-General Article, §10-

208(l)(2), Annotated Code of Maryland, to be considered a qualifying

police auxiliary or reserve volunteer; and

(iii) Met minimum requirements for active status as

defined under Regulation .02 of this chapter.

C. Agency’s Annual Report to the Commission and Comptroller.

(1) On or before October 1 each year, an agency maintaining

information under §A(2) of this regulation shall submit a report to

the:

(a) Commission, on behalf of the Department of Public

Safety and Correctional Services; and

(b) Comptroller.

(2) The report under §C(1) of this regulation shall:

(a) Be in a format approved by the Commission;

(b) Include a statement signed by an authorized official of

the agency certifying that the information provided is correct; and

(c) Provide the information that the agency maintains under

§A(2) of this regulation for the period of January 1 through

December 31 of the preceding year for each individual who the

agency determined:

(i) Qualified to apply for the subtraction modification

established under Tax-General Article, §10-208(l), Annotated Code

of Maryland; and

(ii) Met minimum requirements for active status as

defined under Regulation .02 of this chapter, but was not qualified to

apply for the subtraction modification under Tax-General Article,

§10-208(l), Annotated Code of Maryland.


1103


.08 Individual Eligibility to Apply for Income Tax Subtraction

Modification. A. An individual is eligible to apply for the income tax subtraction

modification established in Tax-General Article, §10-208(l)(1),

Annotated Code of Maryland, if the individual meets requirements

for:

(1) Prior service established in Tax-General Article, §10-

208(l)(2)(iv), Annotated Code of Maryland; and

(2) The taxable year for which the individual is applying for the

subtraction modification, by meeting requirements:

(a) Established in Tax – General Article §§10-208(a) and

(l)(2)(i) — (iii)1, Annotated Code of Maryland; and

(b) For active status as defined in Regulation .02 of this

chapter.

B. An individual is presumed to meet requirements under §A(1) of

this regulation if the individual has applied for and received the

subtraction modification established under Tax-General Article, §10-

208(l), Annotated Code of Maryland, during any of the previous 10

calendar years by December 31 of the taxable year for which the

individual is applying for the subtraction modification.

C. An individual applying for the subtraction modification

established under Tax-General Article § 10-208(l), Annotated Code

of Maryland, shall comply with procedures established by

Comptroller for claiming the subtraction modification.

.09 Commission Audit Authority.

A. The Commission may audit records related to an agency’s

Commission-approved program.

B. The purpose of a Commission audit is to ensure agency

compliance with Commission requirements established under this

chapter and authorized under Tax-General Article, §10-208(l),


.10 Revocation of Program Approval.

A. The Deputy Director may revoke Commission approval of an

agency’s program if the agency does not:

(1) Submit to the Commission information as required by

Regulation .06 of this chapter;

(2) Maintain records or comply with reporting required by

Regulation .07 this chapter;

(3) Continue to meet minimum requirements for Commission

approval; or

(4) Comply with other provisions of this chapter.

B. Before revoking Commission approval of an agency’s program,

the Deputy Director shall:

(1) Notify the agency of the specific requirement with which the

agency’s program does not comply; and

(2) Provide the agency up to 30 days to bring the program into

compliance.

C. The Deputy Director shall notify the Comptroller if the Deputy

Director revokes Commission approval of an agency’s program.

D. An agency may appeal a decision by the Deputy Director to

revoke Commission approval of the agency’s program according to

procedures established under Regulation .11 of this chapter.

.11 Appeal of Revocation of Commission Approval.

A. If the Deputy Director revokes Commission approval of an

agency’s program under Regulation .10 of this chapter, the agency

may appeal to the Commission for reinstatement of Commission

approval of the agency’s program.

B. An agency appealing revocation by the Deputy Director of

Commission approval of the agency’s program shall:

(1) Submit the appeal in writing to the Executive Director of

the Police and Correctional Training Commissions (Executive

Director) in a format or on a form approved by the Commission; and

(2) Include in the written appeal, the basis for the agency’s

appeal of the revocation by the Deputy Director.

C. Upon receipt of an appeal under §B of this regulation, the

Executive Director shall schedule the appeal to be considered by the

Commission at the next Commission meeting that is scheduled at

least 30 days after the date that the appeal was received by the

Executive Director.

D. At the time the agency’s appeal is heard by the Commission,

the Commission:

(1) Shall permit the Deputy Director to testify and present

information related to the revocation;

(2) Shall permit a representative from the agency making the

appeal to testify and present information related to the agency’s basis

for the appeal; and

(3) May permit other individuals to testify or present

information that the Commission determines relevant to the appeal.

E. Following testimony and presentation of information under §D

of this regulation, the Commission, by a majority vote of the members

present at the meeting, may:

(1) Sustain the revocation by the Deputy Director;

(2) Grant the agency’s appeal and reinstate Commission

approval unconditionally; or

(3) Grant the agency’s appeal and reinstate Commission

approval with conditions.

F. Appeal of Revocation — Commission’s Decision.

(1) Within 10 days following the Commission’s decision under

§E of this regulation, the Executive Director, or a designee, shall

provide the agency filing the appeal and the Deputy Director written

notice of the Commission’s decision.

(2) If the Commission sustains the revocation by the Deputy

Director, the notice shall include the Commission’s reason for

sustaining the Deputy Director’s revocation.

(3) If the Commission reinstates Commission approval of the

program without conditions, the notice shall include a statement as to

the reinstatement of Commission approval.

(4) If the Commission reinstates Commission approval of the

program with conditions, the notice shall include:

(a) A statement as to the reinstatement of Commission

approval of the program; and

(b) An explanation of the conditions with which the agency

shall comply to continue Commission approval of the program.

G. Within 10 days of the date of receipt of a written notice under

§F(1) of this regulation, the Deputy Director, or a designee, shall

provide written notice including the information under §F(4) of this

regulation to the Comptroller.

H. A decision on an agency’s appeal of a revocation of

Commission approval of an agency’s program is final.

GARY D. MAYNARD

Secretary

Department of Public Safety and Correctional Services


1104


Title 14


Subtitle 22 COMMISSION ON

CRIMINAL SENTENCING POLICY


[12-203-P]

The State Commission on Criminal Sentencing Policy proposes to

amend:

(1) Regulations .07 and .10 under COMAR 14.22.01 General

Regulations; and

(2) Regulation .02 under COMAR 14.22.02 Criminal

Offenses and Seriousness Categories.

This action was considered by the State Commission on Criminal

Sentencing Policy at an open meeting held on June 25, 2012, notice

of which was given by publication in the June 1, 2012, and June 15,

2012, editions of the Maryland Register pursuant to State

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


The purpose of this action is to clarify in COMAR 14.22.01.07 the

items on the sentencing guidelines worksheet regarding the rights of

victims at sentencing, and to clarify in COMAR 14.22.01.10 how the

prior adult criminal record is calculated. The purpose of this action is

also to indicate the modifications to the table of seriousness

categories in COMAR 14.22.02.02 under COMAR 14.22.02. These

modifications reflect updates and/or corrections to the offense table

identified by the Sentencing Commission since the last submission

for COMAR revisions.







businesses.




Comments may be sent to David A Soule, Executive Director,

Maryland State Commission on Criminal Sentencing Policy, 4511

Knox Road, Suite 309, College Park, MD 20742, or call 301-403-

4165, or email to [email protected], or fax to 301-403-4164.

Comments will be accepted through September 10, 2012. A public

hearing has not been scheduled.


Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland

.07 Case Information.

A. The top section of the sentencing guidelines worksheet

contains:

(1) The offender‘s name, State Identification (SID) number,

sex, race, ethnicity, and birth date[, and indigent status];

(2) — (9) (text unchanged)

(10) The case or docket number; [and]

(11) A separate field for ―unidentifiable race‖[.]; and

(12) Whether or not victim-related court costs were imposed.

B. — I. (text unchanged)

J. Victim Information. The individual completing the worksheet

shall provide the victim information requested in the designated

space on the worksheet. The information requested includes:


(2) Whether the victim [was available to participate]

participated in the sentencing process;

(3) Whether the victim filed a [notification request form

(NRF)] Crime Victim Notification and Demand for Rights form;


(8) [Whether Criminal Injury Compensation Board (CICB)

costs were imposed] Whether the judge ordered that the defendant

have no contact with the victim.

K. — O. (text unchanged)

.10 Computation of the Offender Score.

A. (text unchanged)

B. Four Components of the Offender Score.


(3) Prior Adult Criminal Record.

(a) In General.

(i) The prior adult criminal record includes all

adjudications preceding the current sentencing event, whether the

offense was committed before or after the instant one. Unless

expunged from the record, or proven by the defense to have been

eligible for expungement prior to the date of offense pursuant to

Criminal Procedure Article, §§10-101 —10-105, Annotated Code of

Maryland, probations before judgment (PBJ) and convictions under

the Federal Youth Corrections Act (FYCA) shall be included. The

individual completing the worksheet may not consider violations of

public local laws, municipal infractions, contempt, criminal non-

support, marijuana possession or marijuana paraphernalia

possession convictions that qualify for a non-incarceration penalty

due to evidence of medical necessity, and non-incarcerable traffic

offenses as part of a prior adult criminal record.

(ii) — (iii) (text unchanged)

(b) — (g) (text unchanged)


C. (text unchanged)


1105


14.22.02 Criminal Offenses and Seriousness Categories

Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland

.02 Seriousness Categories.

Offense Literal CJIS

Code Source

Felony

or

Misd.

Max

Term

Min

Term

Offense

Type

Ser.

Category Fine

1 Abuse and Other Offensive

Conduct

Child Abuse—physical, with

death

1-0335 CR, §3-601(b)(2)(ii) Felony [30Y ♦]

40Y ♦

Person II

2—29 (text unchanged)

30 Assault and Other Bodily

Woundings

Cause a life-threatening injury

by motor vehicle or vessel while

impaired by a controlled

dangerous substance

1-0780 CR, §3-211(f) Misd. [2Y]

3Y

Person VI [$3,000]

$5,000

30-1—68 (text unchanged)

69 CDS and Paraphernalia

Possession—unlawful

possession or administering to

another, obtaining, etc.,

substance or paraphernalia by

fraud, forgery,

misrepresentation, etc.; affixing

forged labels; altering etc., label;

unlawful possession or

distribution of controlled

paraphernalia—marijuana

1-0566

1-0567

1-0568

1-0569

1-0570

1-0571

1-0573

CR, §5-601(c)(2)(i)

CR, §5-620(d)(2)

Misd. 1Y Drug VII $1,000

69-1 CDS and Paraphernalia

Possession of less than 10 grams

of marijuana

CR, §5-601(c)(2)(ii) Misd. 90D Drug VII $500


135-1 Election Offenses

Violate election laws as defined

in Election Law Article, §16-

201, Annotated Code of

Maryland

EL, §16-201 Misd. 5Y Property VII $2,500

136—136-1 (text unchanged)

136-2 Election Offenses

Failure to include name of

finance entity and treasurer on

campaign material

EL, §13-401

EL, §13-602

(penalty)

Misd. 1Y Property VII $1,000


207-1 Identity Fraud Possess, obtain personally

identifying information or

willfully assume the identity of

another. Benefit $500 or greater

[1-1200]

[1-1201]

[2-0084]

1-1300

1-1301

1-1302

CR, §8-301(b), (c)

CR, §8-301(g)(1)

(penalty)

Felony 15Y Property V $25,000

207-2—207-6 (text unchanged)

208 Identity Fraud Sell etc. false ID

1-0432

1-0434

CR, §8-302(b) Misd. 2Y Property VII $2,000



1106


280-1 Murder

1st degree, conspiracy

Common law Misd. LIFE [♦] Person I

281—376-1 (text unchanged)

377 Telecommunications and

Electronics, Crimes Involving

Sending lewd, lascivious, and

obscene material by electronic

[mail] communication to harass

2-1135 CR, §3-805(b) Misd. 1Y Person VII $500


415-1 Weapons Crimes—In General Illegal sale, rental, transfer,

purchase, possession, or receipt

of regulated firearm

1-0642 PS, §5-143 Misd. 5Y Person VI $10,000


Footnotes (text unchanged)

General Rules (text unchanged)

DAVID A. SOULE

Executive Director

Commission on Criminal Sentencing Policy

___________________________________

Title 15

DEPARTMENT OF

AGRICULTURE

Subtitle 14 BOARD OF VETERINARY

MEDICAL EXAMINERS


[12-212-P]

The State Board of Veterinary Medical Examiners proposes to:

(1) Amend Regulations .03, .05, and .10 under COMAR

15.14.01 Standards of Practice and Code of Ethics for the

Practice of Veterinary Medicine in the State;

(2) Amend Regulation .01, adopt new Regulations .02—.04,

amend and recodify existing Regulation .06 to be Regulation .09, and

recodify existing Regulations .02—.05 and .07—.10 to be

Regulations .05—.08 and .10—.13 under COMAR 15.14.02 Board

Hearings;

(3) Amend Regulation .05 and adopt new Regulation .07 under

COMAR 15.14.07 Minimum Standards for Mobile Veterinary

Clinics;

(4) Amend Regulation .04 under COMAR 15.14.11 Civil

Penalty Standards for Veterinarians;

(5) Amend Regulations .02, .03, .11, and .13 under COMAR

15.14.13 Qualifications for Examination and Registration of a

Veterinary Technician; and

(6) Amend Regulation .04 under COMAR 15.14.14 Minimum

Standards for a Limited Use Veterinary Hospital.


The purpose of this action is to: clarify when a veterinarian-client-

patient relationship is established; indicate a veterinarian‘s

responsibility to a patient in a non-emergency and emergency

situation; define the word ―specialist‖; clarify record keeping

requirements for medications administered; define and describe

formal and informal actions, and complaint and case resolution

procedures of the State Board of Veterinary Medical Examiners;

require positive pressure oxygen delivery systems in mobile and

limited use veterinary clinics; update civil penalty ranges based on

classification of violations; amend the qualifications for examination

of candidates for registration as veterinary technicians; and amend

the duties and restrictions on registered veterinary technicians.




I. Summary of Economic Impact. The SBVME plans to mail

copies of the revised regulatory requirements to currently registered

veterinarians and veterinary technicians and to licensed veterinary

hospital owners. Under Chapter 30, Acts 2010, effective October 1,

2010, the State Board of Veterinary Medical Examiners (SBVME)

was granted the authority to issue a $5,000 civil penalty for a first

offense or a penalty of up to $10,000 for a second or subsequent

offense. Civil penalties collected by the SBVME are directed to the

State‘s general fund. The extent of the impact on veterinarians is

undeterminable because the egregiousness and number of violations

cannot be predicted. However, from January 2009 to December 2011,

out of the 89 veterinarians formally charged by the SBVME, 67 were

ordered to pay civil penalties. Owners of mobile or limited use

veterinary hospitals who do not possess a positive pressure oxygen

delivery system will be required to purchase one and have it in their

hospital. A small percentage of hospital owners are expected to be

affected by this new requirement.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: (E+) $6,500

B. On other State

agencies: NONE


1107



Benefit (+)

Cost (-) Magnitude

D. On regulated industries or trade groups:

(1) Veterinarians (-) Indeterminable

(2) Mobile or limited

use veterinary hospital

owners (-) Indeterminable


trade groups: NONE

F. Direct and indirect effects on public:

Individuals who own

pets (+) Indeterminable


Section II.)

A. The SBVME will send a copy of the revised regulations to its

licensed veterinarians and veterinary hospitals and to registered

veterinary technicians.

D(1). Veterinarians may be charged up to a $10,000 civil penalty

for a second or subsequent offense, which is an increase from the

previous maximum penalty of $5,000. A review of actions taken by

the SBVME over the past three years reveals that 75% of disciplined

veterinarians are ordered to pay a civil penalty. Civil penalties paid to

the SBVME are transferred to the general fund of the State.

D(2). An owner of a mobile veterinary clinic or a limited use

veterinary clinic that does not presently have a positive pressure

oxygen delivery system will need to purchase one for the clinic. A

delivery system that allows the user to bag an animal and deliver

positive pressure ventilation can be purchased for approximately

$1,200. There are approximately 30 mobile or limited use veterinary

hospitals in MD. It is estimated that approximately half of these types

of hospitals already have a positive pressure oxygen delivery system

in place; therefore, approximately 3% of all licensed veterinary

hospitals may be affected by this requirement.

F. Amendments to Chapter 13 will help ensure that registered

veterinary technicians who are not graduates of accredited veterinary

technology programs have taken relevant college coursework and

have provided proof not only of their skills, but of their number of

hours of work experience. Additionally, when an animal is presented

as an emergency, the regulations set forth both the conditions under

which an RVT may treat the animal, and the information that must be

provided the animal‘s owner if a veterinarian is not immediately

available. Additionally, the requirement that owners of mobile or

limited use veterinary hospitals have a positive pressure oxygen

delivery system reflects a change in acceptable minimal standards for

the practice of veterinary medicine for these types of hospitals. While

it is estimated that the vast majority of these types of hospitals

already possess this type of equipment, the expectation is that those

who do not have one will see a decreased rate in morbidity among

patients requiring supplemental oxygen. A patient‘s increased chance

of survival should correlate positively with increased consumer

confidence.



businesses.




Comments may be sent to Laura Downes, Executive Director,

State Board of Veterinary Medical Examiners, 50 Harry S Truman

Parkway, Room 102, or call 410-841-5862, or email to

[email protected], or fax to 410-841-5780. Comments


not been scheduled.

15.14.01 Standards of Practice and Code of

Ethics for the Practice of Veterinary Medicine

in the State

Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of

Maryland

.03 Definitions.

A. (text unchanged)

B. Terms Defined.


(8) ―Specialist‖ means an individual who has obtained

certification from a specialty organization recognized by the

American Veterinary Medical Association.

[(8)] (9) — [(10)] (11) (text unchanged)

.05 Choice and Selection of Patients.

[A veterinarian may choose whom he will serve. Once he has

undertaken care of a patient he may not neglect him. In an

emergency, however, he should render service to the best of his

ability, but this does not require veterinarians to accept financial

responsibility for the care and treatment of any animal.] A. Non-

emergency Presentation. A veterinarian may choose whom he will

serve. Once a veterinarian has undertaken care of a patient, and a

veterinarian-client-patient relationship has been established, the

veterinarian may not neglect the patient.

B. Emergency Presentation. In an emergency, a veterinarian

should render service to the best of the veterinarian’s ability, but this

does not require a veterinarian to accept financial responsibility for

the care and treatment of any animal. The following procedures may

be performed during an emergency without such actions constituting

the establishment of a veterinarian-client-patient relationship:

(1) Initial evaluation;

(2) Diagnostics to assist in the initial evaluation; or

(3) Initial treatments to stabilize a patient.

.10 Record Keeping.

A. For animals that a veterinarian treats, the veterinarian shall

prepare a legibly written record that accurately and thoroughly

reflects the treatment provided. At a minimum, the veterinarian‘s

record shall include the following information, as applicable:


(8) The treatment provided the animal and if medication is

given, the following shall be provided:

(a) Amount in milligrams or the volume and concentration

of substance used;

(b)—(c) (text unchanged)


B.—G. (text unchanged)


1108


15.14.02 Board [Hearings] Actions

Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1,

and 2-311; State Government Article, §§10-207 – 10-209,


.01 Scope.

[This chapter applies to all formal hearings before the State Board

of Veterinary Medical Examiners. This chapter does not apply to

conferences or other formal investigations or proceedings at or upon

which no formal ruling or decision is made.] This chapter concerns

formal and informal actions of the State Board of Veterinary Medical

Examiners to enforce the laws and regulations governing the practice

of veterinary medicine in this State. The Board may take action

against alleged violators, including a veterinarian, a veterinary

technician, an owner of a veterinary hospital, an owner of a mobile

veterinary clinic, and an owner of an animal control facility. This

chapter describes the Board’s procedures for investigating possible

violations of the Maryland Veterinary Practice Act that it discovers,

and complaints it receives within 3 years of the complained-of

conduct, and older complaints upon a showing of extraordinary

circumstances. Additionally, this chapter describes procedures for

contested case hearings before the Board and alternative dispute

resolution procedures, including confidential case resolution

procedure and mediation.

.02 Definitions.


indicated.

B. Terms Defined.

(1) ―Abrogate‖ means to rescind a prior action of the Board;

(2) ―Cease and desist letter‖ means a letter issued by the

Board directing:

(a) A licensee to cease doing a specified activity; or

(b) An unlicensed individual to cease the unauthorized

practice of veterinary medicine.

(3) ―Censure‖ means a reprimand.

(4) ―Charging document‖ means a nonpublic document issued

by the Board as a formal disciplinary action that:

(a) Alleges conduct by a licensee that the Board considers to

be a violation under the Maryland Veterinary Medicine Act;

(b) Sets forth provisions of the Maryland Veterinary

Practice Act that the Board considers to have been violated; and

(c) Provides notice to the licensee of disciplinary

proceedings before the Board.

(5) ―Civil penalty final order‖ means a public document issued

by the Board containing a final order that disposes of a charging

document when the licensee:

(a) Waives the right to a contested case hearing; and

(b) Pays the civil penalty sanction contained in the notice of

Board action.

(6) ―Complaint‖ means a nonpublic document or other

information received by the Board that sets out conduct by a licensee

that may:

(a) Violate the Maryland Veterinary Practice Act; and

(b) Be grounds for an investigation or disciplinary action by

the Board.

(7) ―Consent agreement and order‖ means a public document

issued by the Board that includes a final order of the Board

specifying certain Board action that has been negotiated and agreed

to by both parties to resolve a disciplinary action.

(8) ―Default order‖ means a proposed order issued by the

Board upon the failure of a licensee to respond to a notice of Board

action or to appear at a hearing.

(9) ―Dismissal‖ means an action of the Board to dispose of a

complaint or matter without taking any disciplinary action.

(10) ―Disposition agreement‖ means a nonpublic formal

agreement entered into with an impaired licensee in which the

licensee agrees to comply with certain conditions.

(11) ―Letter of admonishment‖ means a nonpublic document

issued by the Board as an informal action containing strong

recommendations to a veterinarian regarding conduct or practices

that concern the Board but do not rise to a level of severity requiring

disciplinary action.

(12) ―Letter of advice‖ means a nonpublic document issued by

the Board as an informal action containing educational advice to a

veterinarian regarding conduct or practices that the Board finds

could be improved but do not rise to a level of severity requiring

disciplinary action.

(13) ―Letter of surrender‖ means a public letter accepted by

the Board in which the licensee agrees to surrender the licensee’s

license to practice veterinary medicine.

(14) ―Mediation‖ means a confidential voluntary alternative

dispute resolution (ADR) process offered by the Department to assist

parties in resolving a dispute informally.

(15) ―Modified order‖ means an order issued by the Board to

abrogate, change, or modify an original order after consideration of

facts not originally considered.

(16) ―Probation‖ means a sanction imposed by the Board, in

which the licensee is:

(a) Monitored by the Board for a period of time; and

(b) Subject to certain requirements by the Board.

(17) ―Public document‖ means a document that the Board is

permitted or required to disclose to the public under State

Government Article, Title 10, Subtitle 6, Annotated Code of

Maryland.

(18) ―Recusal‖ means the removal of a member of the Board

from participation in a matter because of interest, bias, or other

reason.

(19) ―Resolution conference‖ means a confidential meeting

between a licensee and members of the Board to discuss possible

settlement of a disciplinary matter.

(20) ―Show cause hearing‖ means a nonevidentiary hearing

before the Board in which the licensee may demonstrate to the Board

why the Board should not issue a proposed order or take some other

action.

(21) ―Stay‖ means the withholding of Board action against a

licensee, which stay may be subject to conditions imposed by the

Board.

(22) ―Stet‖ means the act of staying all further action in a

proceeding, subject to the proceeding being reopened at a later date.

(23) ―Summary suspension‖ means the indefinite suspension of

a license under State Government Article, §10-226, Annotated Code

of Maryland, issued if the Board finds that the action is necessary to

protect the health, safety, or welfare of animals or individuals.

(24) ―Veterinary review committee‖ means a team composed

of three or more members of the Board that, under Agriculture

Article §2-302.1, has the delegated authority to perform regulatory

functions pertaining to veterinary practitioners under Title 2, Subtitle

3 of the Agriculture Article.

(25) ―Violation of probation‖ means failure to comply with a

requirement of probation imposed in an order of the Board.

.03 Complaint Procedures.

A. The Board or a veterinary review committee shall review a

complaint received within 3 years of the conduct complained of, and

may review a complaint received after 3 years of the conduct

complained of upon a showing of extraordinary circumstances.


1109


B. After reviewing a complaint, the Board or a veterinary review

committee may further investigate the complaint by:

(1) Requesting relevant records;

(2) Requesting written or oral responses from the alleged

violator;

(3) Requesting rebuttals from the complainant;

(4) Requesting statements from witnesses;

(5) Requesting statements from relevant third parties, including

other treating veterinarians;

(6) Procuring expert opinions on relevant specialty areas;

(7) Researching areas in dispute; and

(8) Seeking legal advice.

C. After completing an investigation of a complaint, the Board or

a veterinary review committee may recommend that the Board take

one or more of the following actions:

(1) Dismiss the matter for lack of authority or merit;

(2) Issue a cease and desist order;

(3) Issue a letter of advice;

(4) Issue a letter of admonition;

(5) Issue a notice of action and charging document;

(6) Stay the matter;

(7) Stet the matter;

(8) Refer the matter to mediation;

(9) Refer the matter to the appropriate authorities; or

(10) Issue a summary suspension which provides the right to

request within 10 days a nonevidentiary show cause hearing.

.04 Board Actions and Case Resolution Procedures.

A. The Board may resolve or dispose of a complaint by any of the

following:

(1) Consent agreement and order;

(2) Civil penalty final order;

(3) Consent agreement and censure;

(4) Disposition agreement;

(5) Dismissal;

(6) Final order;

(7) Letter of advice;

(8) Letter of admonishment;

(9) Probation;

(10) Referral to appropriate authorities;

(11) Referral to mediation;

(12) Stay;

(13) Stet; or

(14) Other authorized action of the Board.

B. After the issuance of a notice of Board action and charging

document to a licensee, the Board and the licensee may voluntarily

agree to enter into any of the following confidential case resolution

procedures, which may result in a formal or informal action of the

Board:

(1) A case resolution conference call or meeting;

(2) Settlement negotiations; or

(3) Mediation of interested parties.

C. A case resolution procedure shall be completed within 180

days of issuance of a notice of Board action, unless the Board finds

good cause to grant additional time upon a written request and

showing by the licensee.

D. The Board may issue a default order to a licensee who, without

good cause, fails to respond to a notice of agency action or to comply

with a Board order.

E. A licensee who receives a default order may request a

nonevidentiary show cause hearing within 10 days of receipt of the

order.

F. If the Board and a licensee are unable to reach an agreement,

the matter may proceed to a hearing, if the licensee requested a

hearing in writing in a timely manner.

G. The Board in its discretion may abrogate a prior order or issue

a modified order.

H. Except for consideration of a proposed resolution of a case,

admissions, facts revealed, proposals, or positions taken, unless the

information is available from other sources or through discovery, are

not admissible in a contested case hearing.

I. Participation in a case resolution procedure is not ordinarily a

basis for recusal of Board member from further proceedings in a

case.

[.06] .09 Examination of Witnesses and Introduction of Evidence.

A.—D. (text unchanged)

E. A member of the Board shall decide a motion for recusal when

the basis for the motion is that member’s legal interest or bias. The

presiding officer shall decide a motion for recusal, if the basis for the

motion is something other than legal interest or bias of another

member.

15.14.07 Minimum Standards for Mobile

Veterinary Clinics

Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of

Maryland

.05 Licensing Requirements.

A. (text unchanged)

B. The owner of more than one mobile veterinary clinic shall

obtain a hospital license for each mobile clinic.

[B.] C.— [C.] D. (text unchanged)

.07 Oxygen Delivery.

A suitably equipped area shall include a positive pressure oxygen

delivery system for small animal patients where medically indicated,

regardless of whether surgery is performed in the mobile veterinary

clinic.

15.14.11 Civil Penalty Standards for

Veterinarians

Authority: Agriculture Article, §2-310.1, Annotated Code of Maryland

.04 Classification of Violations for the Purpose of Determining

Penalties.

A. For a violation of Regulation .03A—F of this chapter, a penalty

may be imposed by the Board considering the nature and gravity of

each violation consistent with the following standards:

(1) For the first violation, a penalty of not less than [$150] $300

or more than [$1,500;] $3,000;

(2) For the second violation, a penalty of not less than [$300]

$600 or more than [$3,000;] $6,000;

(3) For the third and any subsequent violation, a penalty of not

less than [$1,500] $3,000 or more than [$5,000.] $10,000.

B. For a violation of Regulation .03G-J, a penalty may be imposed

by the Board considering the nature and gravity of each violation

consistent with the following standards:

(1) For the first violation, a penalty of not less than [$300] $600

or more than [$3,000;] $5,000;

(2) For the second violation, a fine of not less than [$1,500]

$3,000 or more than [$5,000;] $10,000;



C. For a violation of Regulation .03K—P of this chapter, a penalty

may be imposed by the Board considering the nature and gravity of

each violation consistent with the following standards:

(1) For the first violation, a penalty of not less than [$1,500]

$3,000 or more than $5,000;


1110


(2) For the second violation, a penalty of not less than [$3,000]

$6,000 or more than [$5,000;] $10,000;



15.14.13 Qualifications for Examination and

Registration of a Veterinary Technician


.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) – (3) (text unchanged)

(4) ―Candidate for graduation‖ means a student who:

(a) Is within approximately 3 months of graduating college

with a degree in veterinary technology; and

(b) Has a letter sent from the college to the Board’s office,

indicating the student’s expected date of graduation.

[(4)] (5)— [(8)] (9) (text unchanged)

.03 Qualifications for Examination. [A. Eligibility. To be eligible to take the State Board Examination,

an examination applicant shall provide:

(1) A final transcript from a school showing that the applicant is a:

(a) Graduate from a veterinary technology program approved by

the AVMA,

(b) Holder of a bachelor‘s degree or master‘s degree in one of the

following sciences:

(i) Agricultural or life sciences, such as biology, botany, or

agronomy; or

(ii) Physical sciences, such as chemistry or physics; or

(c) Graduate of a program approved by the Committee, with

equivalent training and experience equal to those candidates who

have graduated from a veterinary technician program approved by the

AVMA.]

A. Eligibility Requirements for Graduates or Candidates for

Graduation From Veterinary Technology Programs. To be eligible

to take the State Board Examination, an examination applicant shall

provide a final transcript from a school showing that the applicant is

a graduate or candidate for graduation from a veterinary technology

program approved by the AVMA.

B. Eligibility Requirements for Applicants Who do not Meet the

Educational Criteria Set Forth in §A of this Regulation. To be

eligible to take the State Board Examination, an examination

applicant shall provide:

(1) A school-authenticated transcript showing the applicant to

be a holder of an associate’s degree or above, which includes a

minimum of three credits in each of the following college level

courses:

(a) Biology I;

(b) Biology II;

(c) Microbiology;

(d) Chemistry;

(e) Anatomy and Physiology I; and

(f) Anatomy and Physiology II.

(2) Proof of completion of 10,000 hours of work experience as

a technician, with a signed affidavit from a supervising veterinarian

specifying the number of hours worked and the dates worked;

(3) A Maryland Technician Skill Assessment completed by a

licensed veterinarian;

(4) Proof of having completed a minimum of 24 hours of

veterinary technician continuing education; and

(5) Proof of having completed a minimum of 24 hours of work

as a veterinary technician in a veterinary emergency facility.

[B.] C. Board Examination. To take the State Board Examination,

an applicant shall submit the following to the State Board within 1

year from the date the Board has received the application:


(4) One of the following documents:

(a) A final transcript from a school, as set forth in §A of this

[regulation.] regulation; or

(b) Proof of completion of certain coursework, as set forth

in §B of this regulation.

[C.] D. (text unchanged)

[D.] E. VTNE.


(2) Other Type Graduate.

(a) To sit for a scheduled VTNE, an examination applicant

who meets the eligibility requirements set forth in [§A(1)(b) or (c)]

§B of this regulation shall have the school from which the applicant

graduated submit to the Board a school authenticated copy of the

applicant‘s final transcript and, if applicable, an English translation,

for its review. The applicant shall also provide the following

information in writing to the Board:

(i) – (ii) (text unchanged)

(b) – (c) (text unchanged)

.11 Requirements of Veterinary Technicians from Another State

or Foreign Jurisdiction.

A. Subject to the provisions of this regulation, the Board may

register an applying veterinary technician who:

(1) Is registered in another state or a foreign jurisdiction and is

a graduate [of:

(a) A] of a school accredited by the American Veterinary

Medical Association; [or

(b) A program approved by the Committee, with equivalent

training and experience equal to those candidates who have graduated

from a veterinary technician program approved by the American

Veterinary Medical Association;]


B. (text unchanged)

.13 Duties and Restrictions on Registered Veterinary

Technicians.

A. A registered veterinary technician may not [practice veterinary

medicine as defined by Agriculture Article, §2-301(f), Annotated

Code of Maryland.]:

(1) Diagnose;

(2) Offer prognosis;

(3) Prescribe:

(a) Drugs;

(b) Medication;

(c) Appliances;

(4) Perform surgery; or

(5) Initiate treatment without prior instruction by a

veterinarian.

B. A registered veterinary technician may perform the following

procedures under the responsible direct supervision of a veterinarian:

[(1) Anesthesia induction by inhalation or intravenous injection

if the veterinarian is able to maintain direct visual contact of the

technician‘s performance;]

[(2) Anesthesia induction] (1) Inducing anesthesia by

intramuscular injection;

[(3) Application of] (2) Applying casts and splints;

[(4) Dental extractions; and] (3) Simple dental extractions of

loose teeth that do not involve flaps or tooth sectioning;

[(5)] (4) Suturing of existing surgical skin [incisions.] or

gingival incisions; and

(5) Accessing a small working stock of Schedule II drugs under

separate lock.


1111


C. A registered veterinary technician may perform anesthetic

induction by inhalation or intravenous injection if the veterinarian is

able to maintain direct visual supervision of the technician’s

performance.

[C.] D. (text unchanged)

E. Emergency Conditions.

(1) Under emergency conditions only, the following activities

may be performed by a registered veterinary technician before a

veterinarian’s initial examination of an animal:

(a) Provide supportive care and first aid; and

(b) Follow written protocols for specific conditions, as

established by the veterinarian.

(2) If a veterinarian is not available to perform an initial

examination of an animal that is presented as an emergency, a

registered veterinary technician shall notify the animal’s owner of

the:

(a) Veterinarian’s unavailability;

(b) Estimated time of arrival of the veterinarian; and

(c) Estimated distance to another veterinary hospital.

[D.] F. (text unchanged)

15.14.14 Minimum Standards for a Limited Use

Veterinary Hospital

Authority: Agriculture Article, §2-304.1, Annotated Code of Maryland

.04 Minimum Standards.

A. A person who owns or operates a limited use veterinary

hospital is responsible for:


(5) Keeping [an artificial respirator in the room where the

limited use veterinary hospital service is provided] a positive

pressure oxygen delivery system for small animal patients where

medically indicated;


B. (text unchanged)

EARL F. HANCE


Title 19A

STATE ETHICS

COMMISSION

Subtitle 02 CONFLICTS OF INTEREST


[12-208-P]

The State Ethics Commission proposes to amend:

(1) Regulations .01—.04 under COMAR 19A.02.01

Exception to Outside Employment Prohibition; and

(2) Regulations .01—.05 under COMAR 19A.02.02

Exception to Financial Interest Prohibition.

This action was considered by the State Ethics Commission at a

public meeting held on June 28, 2012, notice of which was given


Code of Maryland.


The purpose of this action is to clarify the Commission‘s

regulations regarding exceptions to certain prohibitions against State

employees and officials holding certain outside employment and

certain financial interests. The proposed regulations codify existing

practice by clearly providing that only the Commission may grant

exceptions. Finally, the proposed regulations make stylistic and

clarifying changes.







businesses.




Comments may be sent to Jennifer K. Allgair, General Counsel, State

Ethics Commission, 45 Calvert Street, 3rd Floor, Annapolis, Maryland

21401, or call 410-260-7770, or email to [email protected], or fax

to 410-260-7747. Comments will be accepted through September 10,

2012. A public hearing has not been scheduled.

19A.02.01 Exception to Outside Employment

Prohibition

Authority: State Government Article, §§15-206 and 15-502, Annotated Code

of Maryland

.01 [Application and Definitions] Scope.

A. [The provisions of this chapter apply] Except as provided in §B

of this regulation, this chapter applies to all officials and employees

[except members of the General Assembly and State officials in the

judicial branch].

B. [In addition to §C of this regulation, the definitions set forth in

COMAR 19A.01.02.02 have the meanings indicated where they

appear in this chapter.

C. ―Ministerial employee‖ means an employee who has limited

duties that are defined with such precision as to time, mode and

occasion as to leave no substantive exercise of discretion or judgment

by the employee.] This chapter does not apply to a member of the

General Assembly or a State official in the Judicial Branch.

.02 Prohibition Against Outside Employment.

[Except as permitted in accordance with the guidelines set forth in

Regulation .03 of this chapter, an official or employee subject to this

chapter may not:

A. Be employed by any entity subject to his authority or that of the

government agency with which he is affiliated; or

B. Be employed by any entity which is negotiating or has entered

a contract with the agency with which he is affiliated; or

C. Hold any other employment relationship which would impair

his impartiality or independence of judgment.]

Except as provided in Regulation .03 of this chapter, an official or

employee may not:

A. Be employed by an entity subject to the authority of:

(1) The official or employee; or

(2) The governmental unit with which the official or employee

is affiliated;

B. Be employed by an entity which is negotiating or has entered a

contract with the governmental unit with which the official or

employee is affiliated; or

C. Hold any other employment relationship that would impair the

impartiality or independence of judgment of the official or employee.


1112


.03 Exceptions.

[An official or employee may engage in outside employment that

would otherwise be prohibited under COMAR 19A.02.02A or B if:]

Subject to Regulation .04 of this chapter, the Commission may

grant an official or employee an exception to Regulation .02 of this

chapter for specific outside employment if:

A. The employee‘s or official‘s State duties do not significantly

impact on the outside employer or a contract or proposed contract

between the outside employer and [his agency] the official’s or

employee’s governmental unit;

B. (text unchanged)

C. The official or employee does not supervise a person who has

duties [that has duties] that significantly impact on the outside

employer or the contract or proposed contract;

D. The employee or official is not affiliated with the specific unit

within [his agency] the employee’s or official’s governmental unit

that exercises authority over the outside employer or is involved in

contracts with the outside employer;

E. (text unchanged)

F. The employee‘s or official‘s outside employment involves no

substantive, non-ministerial duties significantly relating to [his State

agency‘s] the official’s or employee’s governmental unit’s authority

over [his] the outside employer;

G. The employee‘s or official‘s outside employment does not

involve negotiating or carrying out a contract involving the outside

employer and [his State agency] the official’s or employee’s

governmental unit, other than contracts involving broad

reimbursement payments[, the availability and terms of which are

fixed based on a generally applicable standard which does not

involve substantial agency negotiation or discretion] that are based

on a generally applicable standard and that do not involve

substantial negotiation or discretion;

H. (text unchanged)

I. The Commission determines that the employee‘s or official‘s

specific employment circumstances do not otherwise raise a conflict

of interest or appearance of conflict as contemplated by State

Government Article, §§15-102 and 15-502, Annotated Code of

Maryland.

.04 Application of Exceptions.

A. [In applying the criteria set forth in Regulation .03B, C, D, and

F of this chapter, if any one of the noted relationships does exist, then

there will be no exception, unless the head of the agency involved

specifies that he believes there would be no conflict of interest or no

appearance of conflict that would impair the credibility of the agency,

and this view is concurred in by the Ethics Commission.] The

Commission may grant an exception under Regulation .03 of this

chapter to an individual who does not meet the criteria of Regulation

.03B, C, D, or F of this chapter for specific outside employment if:

(1) The head of the employee’s or official’s governmental unit

advises the Commission that the head of the governmental unit does

not believe that the secondary employment would present a conflict of

interest or the appearance of a conflict of interest that would impair

the credibility of the governmental unit; and

(2) The Commission concurs in the assessment of the head of

the official’s or employee’s governmental unit provided under §A(1)

of this regulation.

B. [In Regulation .03H of this chapter in situations when the

private compensation is supported by contracts involving broad

reimbursement payments, the availability and terms of which are

fixed based on a generally applicable standard which does not

involve substantial agency negotiation or discretion, then an

exception may be allowed when the head of the agency involved

specifies that he believes that there would be no conflict of interest or


and this view is concurred in by the Commission.] The Commission

may grant an exception under Regulation .03 of this chapter to an

individual who does not meet the criteria of Regulation .03H of this

chapter if:

(1) The official’s or employee’s private compensation is funded

by contracts involving broad reimbursement payments that are based

on a generally applicable standard and that do not involve

substantial agency negotiation or discretion;

(2) The head of the official’s or employee’s agency advises the

Commission that the head of the agency does not believe that the

secondary employment would present a conflict of interest or the

appearance of a conflict of interest that would impair the credibility

of the agency; and


the official’s or employee’s agency provided under §B (2) of this

regulation.

C. [In regard to Regulation .03F—H, of this chapter, in situations

where the person is a ministerial employee, an exception may be

allowed when the head of the agency involved specifies that he

believes the service or product to be supplied by the employee would

be otherwise unavailable to the State and that there would be no

conflict of interest or appearance of conflict that would impair the

credibility of the agency, and this view is concurred in by the

Commission.] The Commission may grant an exception under

Regulation .03 of this chapter to an employee who does not meet the

criteria of Regulation .03F, G, or H of this chapter if:

(1) The employee has limited duties that are defined with

sufficient precision regarding time, mode, and occasion that the

employee may not exercise substantial discretion or judgment;

(2) The head of the employee’s governmental unit advises the

Commission that the head of the governmental unit:

(a) Believes that the service or product to be supplied by the

employee would be otherwise unavailable to the State; and

(b) Does not believe that the secondary employment would

present a conflict of interest or the appearance of a conflict that

would impair the credibility of the agency; and


the employee’s governmental unit provided under §C(2) of this

regulation.

19A.02.02 Exception to Financial Interest

Prohibition


of Maryland

.01 [Application and Definitions] Scope.


of this regulation, this chapter applies to all officials and employees

[except members of the General Assembly and State officials in the

judicial branch].

B. [In addition to §C of this regulation, the definitions set forth in

COMAR 19A.01.02.02 have the meanings indicated where they

appear in this chapter.

C. ―Ministerial employee‖ means an employee who has limited

duties that are defined with such precision as to time, mode and

occasion as to leave no substantive exercise of discretion or judgment

by the employee.] This chapter does not apply to a member of the

General Assembly or a State official in the Judicial Branch.

.02 Prohibition Against Holding of Private Financial Interests.

[Except as permitted in accordance with the guidelines set forth in

Regulation .03 of this chapter, an official or employee subject to this

chapter may not hold a financial interest in any entity:

A. Subject to his authority or that of the government agency with

which he is affiliated; or


1113


B. Which is negotiating or has entered a contract with the agency

with which he is affiliated.]

Except as provided in Regulation .03 of this chapter, an official or

employee may not hold a financial interest in an entity that:

A. Is subject to the authority of:

(1) The official or employee; or

(2) The government unit with which the official or employee is

affiliated; or

B. Is negotiating or has entered a contract with the governmental

unit with which the official or employee is affiliated.

.03 Exceptions.

[An official or employee may have a financial interest that would

otherwise be prohibited under Regulation .02 of this chapter if the:]

Subject to Regulation .04 of this chapter, the Commission may

grant an official or employee an exception to Regulation .02 of this

chapter for a specific financial interest if:

A. [Interest] The interest is disclosed as [set forth] provided in

Regulation .05 of this chapter;

B. [Employee‘s] The employee’s or official‘s State duties do not

significantly impact on the entity in which the financial interest is

held, or on a contract or proposed contract between the entity and [his

agency] the official’s or employee’s governmental unit;

C. [Employee] The employee or official is not directly supervised

by a person who has duties that significantly impact on the entity in

which the financial interest is held, or on the contract or proposed

contract;

D. [Official] The official or employee does not supervise a person

who has duties that significantly impact on the entity in which the

financial interest is held, or on the contract or proposed contract;

E. [Employee] The employee or official is not affiliated with the

specific unit within [his agency] the employee’s or official’s

governmental unit that exercises authority over the entity in which

the financial interest is held, or is involved in contracts with the

entity;

F. [Employee] The employee or official has complied with

relevant other sections of the Ethics Law relating to the matters

involved;

G. [Employee‘s] The employee’s or official‘s financial interest in

the entity involves no substantive non-ministerial duties significantly

relating to [his State agency‘s] the employee’s or official’s

governmental unit’s authority over the entity;

H. [Employee‘s] The employee’s or official‘s financial interest in

the entity does not involve negotiating or carrying out a contract

involving the entity and [his State agency] the employee’s or

official’s governmental unit, other than contracts involving broad

reimbursement payments [, the availability and terms of which are

fixed] that are based on a generally applicable standard [which does]

and that do not involve substantial [agency] negotiation or discretion;

I. (text unchanged)

J. [Employee‘s] The Commission determines that the employee’s

or official‘s financial interest and the circumstances do not otherwise

raise a conflict of interest or appearance of conflict as contemplated

by State Government Article, §§15-102 and 15-502, Annotated Code

of Maryland.

.04 Application of Exceptions.

A. Exceptions Under Limited Circumstances. [In applying the

criteria set forth in §§C, D, E, G, and I of Regulation .03 of this

chapter, if any one of the noted relationships does exist, then there

will be no exception, unless the head of the agency involved specifies

that he believes there would be no conflict of interest or no


and this view is concurred in by the Ethics Commission.]

(1) The Commission may grant an exception under Regulation

.03 of this chapter to an individual who does not meet the criteria of

Regulation .03C, D, E, G, or I of this chapter for a specific financial

interest if:

(a) The head of the official’s or employee’s governmental

unit advises the Commission that the head of the governmental unit

does not believe that the financial interest would present a conflict of

interest or the appearance of a conflict of interest that would impair

the credibility of the governmental unit; and

(b) The Commission concurs in the assessment of the head

of the official’s or employee’s governmental unit provided under

§A(1)(a) of this regulation.

(2) The Commission may grant an exception under Regulation

.03 of this chapter to an individual who does not meet the criteria of

Regulation .03A(1) of this chapter for a specific financial interest in

an entity if:

(a) The employee or official did not know or have reason to

know that the entity is under the authority of the employee or official

or of the employee’s or official’s governmental unit;

(b) The employee or official did not know or have reason to

know that the entity has or is negotiating a contract with the

employee’s or official’s governmental unit;

(c) The entity is not included on any list of entities doing

business with the employee’s or official’s governmental unit that is

provided by the Commission or is available through the

Commission’s website; and

(d) Upon obtaining knowledge of the relationship between

the entity and the employee’s or official’s governmental unit, the

employee disclosed the financial interest as provided in Regulation

.05 of this chapter.

B. [In regard to Regulation .03G and H of this chapter in situations

where the person is a ministerial employee, an exception may be

allowed when the head of the agency involved specifies that he

believes the service or product to be supplied by the employee would

be otherwise unavailable to the State and that there would be no

conflict of interest or appearance of conflict that would impair the

credibility of the agency, and this view is concurred in by the

Commission.] The Commission may grant an exception under

Regulation .03 of this chapter to an employee who does not meet the

criteria of Regulation .03G or H of this chapter for a specific

financial interest if:

(1) The employee has limited duties that are defined with

sufficient precision regarding time, mode, and occasion that the

employee may not exercise substantial discretion or judgment;

(2) The head of the employee’s governmental unit advises the

Commission that the head of the agency:

(a) Believes that the service or product to be supplied by the

employee would otherwise be unavailable to the State; and

(b) Does not believe that the financial interest would present

a conflict of interest or the appearance of a conflict that would

impair the credibility of the governmental unit; and


the employee’s governmental unit provided under §B(2) of this

regulation.

.05 Disclosure Requirements.

A. [The disclosure requirement in Regulation .03A of this chapter

may be satisfied by either of the following] An employee or official

shall disclose a financial interest prohibited under Regulation .02 of

this chapter:

(1) [Disclosure of the financial interest on an annual financial

disclosure statement filed pursuant to State Government Article, §15-

601, Annotated Code of Maryland, for those persons required to file

these statements] For an official or employee required to file a

financial disclosure statement under State Government Article, §15-

601, Annotated Code of Maryland, on the financial disclosure


1114


statement for the reporting period in which the official or employee

held the financial interest; [or]

(2) [In instances when the financial interest is not held at the

time the annual statement is filed or when the employee or official is

not required to file annual financial disclosure, disclosure on a form

provided by the Ethics Commission, if the employee or official

knows or has reason to know that the entity is subject to his authority

or that of the government agency with which he is affiliated, or is

negotiating a contract with that government agency] If the official or

employee knows or has reason to know that the entity is subject to the

authority of the official or employee, subject to the authority of the

official’s or employee’s governmental unity, or is negotiating or has

entered a contract with the official’s or employee’s governmental

unit, on the form provided by the Ethics Commission for an official or

employee who:

(a) Is not required to file a financial disclosure statement

under State Government Article, §15-601, Annotated Code of

Maryland; or

(b) Did not hold the financial interest during the reporting

period covered by the most recent financial disclosure statement filed

under State Government Article, §15-601, Annotated Code of

Maryland.

B. [For purposes of §A(2) of this regulation, the required form

shall be filed within 30 days after having the financial interest and

knowledge or reason to know, or within 60 days after the effective

date of this chapter, whichever is later. The inclusion of the entity in

any list of businesses doing business with various departments or

agencies prepared by the Commission is one of the ways a person

may have ―reason to know‖ under this section.] An official or

employee shall file a form required by §A(2) of this regulation with

the Commission on or before the latter of:

(1) Acquiring the financial interest; or

(2) Acquiring knowledge that or reason to have knowledge that

the entity:

(a) Is subject to the authority of the official or employee or

the government unit with which the official or employee is affiliated;

or

(b) Is negotiating or has entered a contract with the

governmental unit with which the official or employee is affiliated.

C. An official or employee has reason to know that an entity does

business with the official’s or employee’s governmental unit if the

entity is listed as doing business with the official’s or employee’s

governmental unit that is provided by the Commission or is available

on the Commission’s website.

MICHAEL LORD

Executive Director

State Ethics Commission

Subtitle 02 CONFLICTS OF INTEREST

19A.02.03 Exception to Participation Restriction


of Maryland


[12-209-P]

The State Ethics Commission proposes to adopt Regulations .01

and .02 under a new chapter, COMAR 19A.02.03 Exception to

Participation Restriction. This action was considered by the State

Ethics Commission at a public meeting held on June 28, 2012, notice

of which was given pursuant to State Government Article, §10-

506(c)(1), Annotated Code of Maryland.


The purpose of this action is to authorize the State Ethics

Commission to grant exceptions to allow an official or employee to

participate in matters involving the employer of certain family

members when the Commission finds that circumstances do not

create a conflict or the appearance of a conflict. The proposed

regulations also specify factors that the Commission must consider in

considering an exception request.







businesses.






21401, or call (410) 260-7770, or email to [email protected], or

fax to (410) 260-7747. Comments will be accepted through September

10, 2012. A public hearing has not been scheduled.

.01 General.

The Commission may grant an official or employee an exception

to the participation restrictions of State Government Article, §15-

501, Annotated Code of Maryland, related to a business entity with

which a qualifying relative is affiliated if:

A. The official’s or employee’s agency or appointing authority

supports the exception; and

B. The Commission finds that, based on the overall circumstances

and relationships, granting an exception is not contrary to the

purposes of the Public Ethics Law.

.02 Factors to Be Considered.

In determining whether to grant an exception under Regulation

.01 of this chapter, the Commission shall consider:

A. The nature of the qualifying relative’s relationship with the

business entity;

B. The nature of the relationship between the official or employee

and the qualifying relative;

C. The geographical distance between the official or employee

and the qualifying relative;

D. Any prior issues related to the official’s or employee’s

participation in the matter;

E. Agency controls and safeguards;

F. Any involvement by the qualifying relative in the matter

involving the official or employee; and

G. The nature of the official’s or employee’s participation in the

matter in relation to the official’s or employee’s overall duties.

MICHAEL LORD

Executive Director



1115


Subtitle 03 FINANCIAL DISCLOSURE


[12-210-P]

The State Ethics Commission proposes to:

(1) Amend Regulations .01 and .02, repeal existing Regulations

.03 and .04, and adopt new Regulations .03 and .04 under COMAR

19A.03.01 Disclosure Required by Members of Boards and

Commissions; and

(2) Amend Regulation .01 under COMAR 19A.03.03

Disclosure by Public Officials, State Officials, and Candidates to

be State Officials.

This action was considered by the State Ethics Commission at a

public meeting held on June 28, 2012, notice of which was given


Code of Maryland.


The purpose of this action is to provide that a member of a State

Board or Commission that serves in another State position and who

files a financial disclosure statement with the Commission that

discloses more information than the Commission‘s Board and

Commission member financial disclosure statement is not required to

file a Board and Commission member financial disclosure statement.

The proposed regulations clarify the process for requesting an

exemption from the requirement to file financial disclosure

statements and for the Commission to grant exemptions from the

requirements.

The proposal specifies the deadlines for filing financial disclosure

statements and authorizes individuals who file their statements using

the Commission‘s electronic filing system to disclose certain

information in ranges.

The proposal specifies which members of State boards and

commissions must file the financial disclosure statement required by

COMAR 19A.03.03.

Finally, the proposal makes clarifying and stylistic changes and

conforms the regulations to existing practices.







businesses.






21401, or call 410-260-7770, or email to [email protected], or fax

to 410-260-7747. Comments will be accepted through September 10,


19A.03.01 Disclosure Required by Members of

Boards and Commissions

Authority: State Government Article, §§15-206 and 15-208 and [15-609] Title

15, Subtitle 6, Annotated Code of Maryland

.01 Application.


of this regulation, this chapter applies to members of State boards

and commissions[, as defined in COMAR 19A.01.01, who]:

[A. Are determined to be public officials;

B. Are not exempted from financial disclosure by the State Ethics

Commission; and

C.] (1) Who the Commission determines are public officials;

(2) Whom the Commission has not exempted from financial

disclosure requirements under Regulation .03 of this chapter; and

(3) [Receive] Who receive as annual compensation less [per

annum] than 25 percent of the annual salary of an employee

classified as a grade 16, base level, of the State [employee pay scale.]

standard salary schedule.

B. This chapter does not apply to:

(1) A public official who:

(a) Files a financial disclosure statement for the reporting

period required by COMAR 19A.03.03; and

(b) Discloses the public official’s service on the board or

commission on the financial disclosure statement for the reporting

period; or

(2) A member of the Maryland-National Capital Park and

Planning Commission, the Washington Suburban Sanitary

Commission, the Washington Suburban Transit Commission, the

Workers’ Compensation Commission, the Injured Workers’

Insurance Fund, the Parole Commission, or the Public Service

Commission.

.02 Definitions.

[In addition to the definitions set forth in COMAR 19A.01.01.02,

the following words have the meanings indicated where they appear

in this chapter:

A. For the purpose of defining the extent of financial disclosure

required, ―board or commission‖ includes the board or commission

itself (as defined in COMAR 19A.01.01.02A) and any unit

administered, governed, or subject to appellate review by the board or

commission.

B. ―Doing business with‖ the member‘s board or commission

means holding any of the relationships set forth in the definition of

―doing business with the State‖ in COMAR 19A.01.01.02D, except

that the relationship shall be with the member‘s board or commission,

as defined in this regulation, rather than with the State generally.]


indicated.

B. Terms Defined.

(1) ―Board or commission‖ includes any unit that is

administered, governed, or subject to appellate review by the board

or commission.

(2) ―Doing business with‖ means being:

(a) A party to sales, purchases, leases, or contracts to, from,

or with an entity involving consideration of $5,000 or more during

the reporting period;

(b) A registrant who lobbies on matters before the board or

commission; or

(c) Regulated by the board or commission.

[C.] (3) (text unchanged)

[D.] (4) ―Reporting period‖ means the [calendar year

immediately preceding the filing deadline for any financial disclosure

statement filed by a member of a board or commission pursuant to


1116


State Government Article, Title 15, Subtitle 16, Annotated Code of

Maryland] period of time covered by a financial disclosure statement.

.03 Exemptions.

A. A board or commission may request in writing that the Ethics

Commission grant the board or commission an exemption from the

requirement that members of the board or commission file financial

disclosure statements with the Ethics Commission.

B. The Ethics Commission may grant a board or commission an

exemption requested under §A of this regulation if:

(1) The Commission finds that requiring members of the board

or commission to file financial disclosure statements:

(a) Will constitute an unreasonable invasion of privacy;

(b) Will significantly reduce the availability of qualified

individuals for public service; and

(c) Is not necessary to preserve the purposes of the Public

Ethics Law; and

(2) For a board or commission in a cabinet department of the

Executive Branch, the Secretary of the Department submits written

documentation of the Secretary’s support of the exemption request.

C. When considering an exemption request under this regulation,

the Commission shall consider:

(1) The duration of the board or commission;

(2) Whether the board or commission is advisory only; and

(3) Any other compelling reason that may require members

to file financial disclosure statements.

D. The records of the Ethics Commission related to an exemption

are public documents.

.04 Financial Disclosure Requirements.

A. An individual shall file a financial disclosure statement on a

form or using the electronic filing system provided by the Ethics

Commission.

B. Contents of Financial Disclosure Statements.

(1) An individual shall report the information specified in this

section, if known, for the reporting period.

(2) An individual shall disclose the information specified in

State Government Article, §15-607(b), Annotated Code of Maryland,

for an interest the individual holds in real property that:

(a) Is subject to a lease or other contract with the

individual’s State board or commission;

(b) Is the subject of a lease or other contract with an entity

that:

(i) Has a contract with the individual’s board or

commission;

(ii) Is regulated by the individual’s board or commission;

or

(iii) Is licensed by the individual’s board or commission;

(c) Is co-owned by a person who:

(i) Has a contract with the individual’s board or

commission;

(ii) Is regulated by the individual’s board or commission;

or

(iii) Is licensed by the individual’s board or commission;

(d) Was negotiated for sale or lease or was sold or leased to

the individual’s board or commission during the reporting period;

(e) The individual held during the reporting period and that

the individual plans to offer for lease or sale to the individual’s board

or commission during the current calendar year;

(f) The individual purchased from a person that contracts

with, is regulated by, or is licensed by the individual’s board or

commission; or

(g) Is regulated by the individual’s board or commission.


State Government Article, §15-607(c), Annotated Code of Maryland,

for an interest the individual holds in a corporation, partnership,

limited liability partnership, or limited liability company if the

interest:

(a) Is greater than a 1 percent ownership interest if the

corporation, partnership, limited liability partnership, or limited

liability company:

(i) Is regulated or licensed by the individual’s board or

commission; or

(ii) Is doing business with the individual’s board or

commission; or

(b) Is 20 percent or greater if:

(i) Another person owns an interest in the corporation,

partnership, limited liability partnership, or limited liability company

and the person is regulated by, licensed by, lobbies, or has a contract

with an annual value of $5,000 or more with the individual’s board

or commission; or

(ii) The corporation, partnership, limited liability

partnership, or limited liability company owns a direct financial

interest in another entity that is regulated by, licensed by, lobbies, or

has a contract with an annual value of $5,000 or more with the

individual’s board or commission.


State Government Article, §15-607(d), Annotated Code of Maryland,

for an interest the individual holds in a business entity if the interest

is not disclosed under §B(3) of this regulation and the interest:

(a) Is greater than a 1 percent ownership interest if the

entity:

(i) Is regulated or licensed by the individual’s board or

commission; or

(ii) Is negotiating to do business with or is doing business

with the individual’s board or commission; or

(b) Is 20 percent or greater if:

(i) Another person owns an interest in the entity and the

person is regulated by, licensed by, lobbies, or has a contract with an

annual value of $5,000 or more with the individual’s board or

commission; or

(ii) The entity owns a direct financial interest in another

entity that is regulated by, licensed by, lobbies, or has a contract with

an annual value of $5,000 or more with the individual’s board or

commission.

(5) Gifts.

(a) Except as provided in §B(5)(b) of this regulation, an

individual shall disclose the information specified in State

Government Article, §15-607(e), Annotated Code of Maryland, for a

gift in excess of $50 in value and for any series of gifts totaling over

$100 in value in the reporting period from any person doing business

with, regulated by, or registered as a lobbyist before the individual’s

board or commission.

(b) This subsection does not require an individual to report

gifts from the individual’s immediate family members, parents, or

children.


State Government Article, §15-607(f), Annotated Code of Maryland,

for any office, directorship, or salaried employment with any entity

that does business with the individual’s board or commission that

was held by the individual or a member of the individual’s immediate

family during the reporting period.


State Government Article, §15-607(g), Annotated Code of Maryland,

for a debt the individual owed at any point in the reporting period to

any person or entity that does business with the individual’s board or

commission or is under the authority of the individual’s board or

commission.


1117


(8) For an immediate family member of the individual who was

employed by the individual’s board or commission during the

reporting period, an individual shall report:

(a) The name of the immediate family member;

(b) The familial relationship between the individual and the

immediate family member; and

(c) The title of the position the immediate family member

held with the board or commission.

(9) Salary or Business Ownership.

(a) An individual shall disclose the information specified in

§B(9)(b) of this regulation for each:

(i) Place of salaried employment of the individual and

each member of the individual’s immediate family held at any time

during the reporting period;

(ii) Business entity of which the individual or a member

of the individual’s immediate family was a sole owner and from

which the individual or the member of the immediate family earned

income during the reporting period; and

(iii) Business entity of which the individual or member of

the individual’s immediate family member was a partial owner, if the

business entity did business with the individual’s board or

commission during the reporting period, and the individual or

member of the individual’s immediate family earned income during

the reporting period.

(b) A disclosure required under this subsection shall

include:

(i) The name and address of the place of salaried

employment or business entity owned;

(ii) Whether the relationship is an employment or

ownership interest; and

(iii) The identity of the holder of the interest or

employment.

(10) An individual may disclose any other interests or

information that has not been disclosed and that the individual

chooses to disclose.

C. An individual who files a financial disclosure statement using

the electronic filing system of the Commission may disclose the

following information in the ranges specified in the electronic filing

system:

(1) For a real property interest:

(a) If the interest is held jointly with other persons, the

percentage interest held by each owner;

(b) The consideration paid when the interest was acquired,

the fair market value if acquired other than by purchase, or the

annual rent if the individual rents the property; and

(c) If any portion of the interest was transferred in the

reporting period, the percentage of the interest that was transferred

and the amount of consideration received for the interest;

(2) For an interest in a corporation:

(a) The number of shares held or the value of the shares;

(b) If the interest is held jointly with other persons, the


(c) If an interest was acquired during the reporting period in

a manner other than by dividend or dividend reinvestment or over

$500 was acquired by dividend or dividend reinvestment, the dollar

amount paid or, if acquired in a manner other than by purchase, the

fair market value at the time of acquisition; and

(d) If an interest was transferred during the reporting

period, the percentage of interest transferred and the amount of

consideration received for the interest;

(3) For an interest in a noncorporate business entity doing

business with the State:

(a) If the interest is jointly held with other persons, the


(b) The value of the interest held by the individual;

(c) If the interest was acquired during the reporting period,

the consideration paid or the fair market value if acquired other than

by purchase; and

(d) If an interest was transferred during the reporting

period, the percentage of interest transferred and the amount of

consideration received for the interest; and

(4) For a debt owed to an entity doing business with the State:

(a) The interest rate;

(b) The amount of the debt at the end of the reporting

period; and

(c) The amount by which the debt increased or decreased

during the reporting period.

19A.03.03 Disclosure by Public Officials, State

Officials, and Candidates to Be State Officials

Authority: State Government Article, §§15-102, 15-206, 15-601, and 15-602, Annotated Code of Maryland

.01 Applicability.

A. (text unchanged)

B. Scope.

(1) [This] Except as provided in §B(2) of this regulation, this

chapter does not apply to an individual who:

(a) [is] Is a public official solely because of the individual‘s

service on a State board, commission, or task force; or

(b) Is required to file a financial disclosure statement under

COMAR 19A.03.01.

(2) This chapter applies to:

(a) A member of the Board of Directors of the Maryland

Environmental Service;

(b) A member of the Parole Commission

(c) A member of the Board of Directors of the Injured

Workers’ Insurance Fund;

(d) A member of the Maryland-National Capital Park and

Planning Commission;

(e) A member of the Washington Suburban Sanitary

Commission;

(f) A member of the Washington Suburban Transit

Commission;

(g) A member of the Public Service Commission;

(h) A member of the Workers’ Compensation Commission;

and

(i) A public official who is a member of a board or

commission and who receives annual compensation that is equal to

or exceeds 25 percent of the lowest annual compensation at State

grade level 16.

MICHAEL LORD

Executive Director


Subtitle 07 LOBBYING

19A.07.01 General

Authority: State Government Article, [§§15-206 and 15-703(f)(3)(ii)] §15-206

and Title 15, Subtitle 7, Annotated Code of Maryland


[12-211-P]

The State Ethics Commission proposes to amend Regulation .07

under COMAR 19A.07.01 General. This action was considered by

the State Ethics Commission at a public meeting on June 28, 2012,

notice of which was given pursuant to State Government Article,

§10-506(c)(1), Annotated Code of Maryland.


1118



The purpose of this action is to clarify that a regulated lobbyist

must report the lobbyist‘s activity to the State Ethics Commission

each reporting period that the lobbyist is registered, regardless of

whether the lobbyist had any activity during the reporting period.

This proposal codifies longstanding Commission interpretation of the

reporting requirement.







businesses.






21401, or call (410) 260-7770, or email to [email protected], or

fax to 410-260-7747. Comments will be accepted through September 10,


.07 Reports.

A. Lobbying Activity Reporting Requirements.

(1) Activity Reports Required.

(a) A regulated lobbyist shall file with the Ethics

Commission a separate report for each registration [concerning]

disclosing the regulated lobbyist‘s lobbying activities.

(b) A regulated lobbyist who has no lobbying activity related

to an employer specified on a registration during a reporting period

shall file a report with the Commission disclosing the lack of activity.



B. — F. (text unchanged)

MICHAEL LORD

Executive Director


Title 26

DEPARTMENT OF THE

ENVIRONMENT

Subtitle 11 AIR QUALITY

26.11.02 Permits, Approvals, and Registration

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, and 2-401—2-404, Annotated Code of Maryland


[12-196-P]

The Secretary of the Environment proposes to amend Regulation

.09 under COMAR 26.11.02 Permits, Approvals, and

Registration.


The purpose of this action is to correct an unintended consequence

of a recent amendment to COMAR 26.11.01.01. The amendment to

the definition of a NESHAP source that became effective on March

5, 2012, expands the universe of sources required to obtain a permit

to construct under COMAR 26.11.02.09.

This action will be submitted to the U.S. Environmental Protection

Agency (EPA) for approval as part of Maryland‘s State

Implementation Plan.

Background

COMAR 26.11.02.09A(4) requires all NESHAP sources as

defined in COMAR 26.11.01.01 to obtain a permit to construct. With

the recent change to the definition (effective on March 5, 2012), now

all MACT sources ( a subset of NESHAP sources) , including all of

the numerous Maximum Achievable Control Technology (MACT)

area sources will be required to obtain a permit to construct. Prior to

the revision of the NESHAP definition under 26.11.01.01, some

MACT area sources were exempt from the permit to construct

requirement because they met the criteria for COMAR 26.11.02.10

Sources Exempt from Permits to Construct and Approvals. The

Department desires to keep these exemptions. The exempted sources

have minimal emissions of air pollutants and negligible

environmental impact which is the reason that they qualified for the

exemption under COMAR 26.11.02.10. All sources (including

NESHAP sources) not otherwise exempt under COMAR 26.11.02.10

will be required to obtain a permit to construct.

Sources Affected and Location

Sources across the State that are affected by a MACT area source

category. Examples are internal combustion engines with a design

capacity of less than 500 bhp (i.e., emergency electric generators

rated less than 373 kW) and a myriad of small miscellaneous metal

coating operations.

Requirements

This amendment restores the permit to construct exemptions under

COMAR 26.11.02.10 for applicable MACT area sources that existed

prior to the revision of the definition of ―NESHAP source‖ under

COMAR 26.11.01.01 that became effective on March 5, 2012.

Expected Emissions Reductions

No emissions reductions will result from this amendment because

it merely updates a citation.




I. Summary of Economic Impact. Without this amendment, the

unintended consequence of the revised definition of NESHAP source

will require businesses to obtain a permit to construct for sources

which previously were exempted.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude


B. On other State agencies: NONE


Benefit (+)

Cost (-) Magnitude

D. On regulated industries

or trade groups: (+) Indeterminable


1119



trade groups: NONE


effects on public: NONE


Section II.)

D. Without this amendment, the unintended consequence of the

revised definition of NESHAP source will require businesses to

obtain a permit to construct for sources which previously were

exempted.



businesses.




The Department of the Environment will hold a public hearing on

the proposed action on September 12, 2012, at 10 a.m. at the

Department of the Environment, 1800 Washington Boulevard, 1st

Floor Conference Rooms, Baltimore, Maryland 21230-1720.

Interested persons are invited to attend and express their views.

Comments may be sent to Deborah Rabin, Regulations Coordinator,

Air and Radiation Management Administration, Department of the

Environment, 1800 Washington Boulevard, Suite 730, Baltimore,

Maryland 21230-1720, or emailed to [email protected].

Comments must be received not later than September 12, 2012, or be

submitted at the hearing. For more information, call Deborah Rabin

at (410) 537-3240.

Copies of the proposed action and supporting documents are

available for review at the following locations: The Air and Radiation

Management Administration; regional offices of the Department in

Cumberland and Salisbury; all local air quality control offices; and

local health departments in those counties not having separate air

quality control offices.

Anyone needing special accommodations at the public hearing

should contact the Department‘s Fair Practices Office at (410) 537-

3964. TTY users may contact the Department through the Maryland

Relay Service at 1-800-735-2258.

.09 Sources Subject to Permits to Construct and Approvals.

A. A person may not construct or modify or cause to be

constructed or modified any of the following sources without first

obtaining, and having in current effect, the specified permits to

construct and approvals:

(1) —(3) (text unchanged)

(4) National Emission Standards for Hazardous Air Pollutants

Source (NESHAP source), as defined at COMAR [26.11.01.01]

26.11.01.01B(21)(a) — permit to construct required, except for

generating stations constructed by electric companies;

(5) —(6) (text unchanged)

B. — D. (text unchanged)

ROBERT M. SUMMERS, Ph.D.

Secretary of the Environment


26.11.08 Control of Incinerators

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 2-406, 10-102, and 10-103, Annotated Code of Maryland


[12-198-P]


.08-2 under COMAR 26.11.08 Control of Incinerators.


The purpose of this action is to amend the requirements pertaining

to the compliance schedule for hospital, medical, infectious and

medical waste incinerators (HMIWI) that are required to comply with

COMAR 26.11.08.08-2.

Based on testing and analysis conducted by affected sources,

flexibility in meeting the interim compliance dates is needed to better

accomplish and optimize the required level of control and achieve

compliance by October 6, 2014. The type of technologies being

explored require frequent modifications and adjustments before they

can perform at optimal level. While the results show that compliance

with the compliance date is feasible, the interim dates may deter the

research and development of compliance options. The proposed

amendment allows a source to propose and follow an alternate plan

and schedule for meeting the October 6, 2014 compliance date.


Agency (EPA) for approval as part of Maryland‘s 111(d) Plan.

Background

EPA is required to develop and adopt new source performance

standards (NSPS) and EG for solid waste incineration units pursuant

to CAA Sections 111 and 129. New sources (NSPS program) are

regulated under Sections 111(b) and 129(a) of the CAA. Existing

sources are regulated under Sections 111(d) and 129(b) of the CAA.

The NSPS are directly enforceable Federal regulations, and under

CAA Section 129(f)(1) become effective 6 months after

promulgation. Under CAA Section 129(f)(2), the EG become

effective and enforceable as expeditiously as practicable after EPA

approves a State plan implementing the EG but no later than 3 years

after such approval or 5 years after the date the EG are promulgated,

whichever is earlier.

Hospital waste consists of discards generated at a hospital, and

medical/infectious waste is generated in the diagnosis, treatment, or

immunization of human beings or animals, in research, or in the

production or testing of biologicals. Household or hazardous waste,

or human and animal remains not generated as medical waste are not

included.

Maximum achievable control technology standards for existing

HMIWI are set in EG for particulate matter (PM); heavy metals,

including lead (Pb), cadmium (Cd), and mercury (Hg); toxic

organics, including chlorinated dibenzo-p-dioxins/ dibenzofurans

(CDD/CDF); carbon monoxide (CO); nitrogen oxides (NOX); and

acid gases, including hydrogen chloride (HCl) and sulfur dioxide

(SO2).

Affected Sources and Location

The proposed amendments affect HMIWIs in Maryland.

Requirements

The proposed amendments require HMIWIs in Maryland to

submit to the Department an alternative compliance plan that meets

the requirements of the regulation by no later than October 6, 2014.


1120



As result of adopting an alternate compliance plan, the final

compliance date is not changed and therefore there will be no impact

on the emissions.


There is a corresponding federal standard to this proposed action,

but the proposed action is not more restrictive or stringent.





businesses.















at (410) 537-3240.










Relay Service

.08-2 Emission Standards and Requirements for HMIWIs Under

40 CFR 60 Subpart Ce as Revised October 6, 2009.

A. — D. (text unchanged)

E. Compliance Schedules.

(1) A person who owns or operates a HMIWI subject to this

regulation shall:

[(1)] (a) (text unchanged)

[(2)] (b) Submit to the Department and the EPA for approval, a

compliance plan by December 15, 2011 that includes the following

increments of progress:

[(a)] (i) — [(e)] (v) (text unchanged)

(2) A person who anticipates an inability to comply with the

interim compliance dates described in §E(1)(b)(i) — (iii) of this

regulation may submit to the Department and the EPA an alternative

compliance plan designed to achieve compliance with §E(1)(b)(iv) —

(v) of this regulation, and shall be bound by such plan upon the

Department’s and the EPA’s approval.

F. — H. (text unchanged)

ROBERT M SUMMERS, Ph.D.




[12-195-P]

The Secretary of the Environment proposes to:

(1) Amend Regulation .08 under COMAR 26.11.09 Control of

Fuel-Burning Equipment, Stationary Internal Combustion

Engines, and Certain Fuel-Burning Installations; and

(2) Amend Regulations .06 and .07 and adopt new Regulation

.08 under COMAR 26.11.14 Control of Emissions from Kraft

Pulp Mills.


The purpose of this action is to accurately describe the Volatile

Organic Compound (VOC) control system and requirements, to

incorporate existing NOx RACT requirements into these regulations,

to amend the use of the word ―allowance‖ to read ―NOx Ozone

Season Allowance‖, to clarify that the Monitoring and Reporting

Requirements apply to the owner of a boiler and combustion turbine

at a Kraft pulp mill, and to include emission limits for sulfur dioxide

that were part of a consent order with the Department and New Page

Corporation (formerly Luke Paper Co.).




Background

NOx Emissions

The NOx emissions discharge through a common stack and are

currently subject to reasonably available control technology (RACT)

requirements under COMAR 26.11.09.08 and 26.11.14.07A(2)(b)

respectively. RACT requires the units to reduce NOx emissions to

meet an emissions rate of 0.70 pounds per million Btu during the

period May 1 to September 30 (ozone season) of each year and a rate

of 0.99 pounds per million Btu for the rest of the year. COMAR

26.11.14.07 prohibits total NOx ozone season emissions from the

New Page Kraft pulp mill stack from exceeding 947 tons, unless the

pulp mill acquires an allowance for each ton of NOx they emit over

947 tons. The regulation allows the pulp mill to secure up to 95

allowances for each period in which they exceed the 947 ton

emission cap.

VOC Emissions

In 2001, Regulation .06 (Control of Volatile Organic Compounds)

was added to COMAR 26.11.14 for the control of VOC emissions

from several process installations at Kraft pulp mills. The regulation

established RACT standards to specifically control VOC emissions

from Kraft pulp mill operations statewide that have actual emissions

of 20 pounds or more of VOCs per day and the potential to emit total

plant-wide VOC emissions of 25 tons or more per year. In addition,

Kraft pulp mills are required to install VOC emission controls to

meet the requirements of the Paper and Pulp MACT (40 CFR Part 63,

Subpart S).

Sulfur Dioxide Emissions

The applicable control requirements for SO2 consist primarily of a

September 6, 1983 consent order entered into by and between the

Department and the New Page Corporation located in Luke,

Maryland. The consent order established SO2 emission limits for all

fuel burning equipment at the facility.


This amendment affects two coal fired units and one gas fired unit

at the Kraft pulp mill located in Luke, Maryland.


1121


Requirements

This action does not establish any new standards or requirements

from fuel burning equipment located at Kraft pulp mills. The action

primarily clarifies processes and consolidates requirements into a

unique chapter of COMAR pertaining to Kraft pulp mills. The

revisions to the regulation:

•Clarify that air emissions from brown stock washers are to be

collected and combusted;

•Clarify that evaporators, digester blow tank systems, and

brown stock washers shall be controlled by removing 90 percent or

more of the condensate VOC loading by demonstrating a VOC

removal or destruction efficiency of the condensate stream stripper of

90 percent or greater or a system analysis of these units;

•Allow the use of other approved methods by the Department

to demonstrate the collective VOC removal efficiency of the

condensate steam stripper and other control systems as required;

•Include the requirement that Kraft pulp mills must meet an

emission rate of 0.70 pounds of NOx per million Btu in addition to an

emission limit of 947 tons of NOx during the period May 1 through

September 30 of each year;

•Changes the terms ―allowance‖ or ―NOx allowance‖ used in

COMAR26.11.14.07B(2) and (3) and C(1) and (2) to ―NOx ozone

season allowance‖;

•Changes reference to COMAR 26.11.01.10G(2)(d) in

COMAR 26.11.14.07D(2) regarding the submission of CEM

quarterly reports to the Department to COMAR 26.11.01.11E(2);

and,

•Codifies an existing consent order into new COMAR

26.11.14.08 (Control of Sulfur Dioxide Emissions) which limits

sulfur dioxide emissions form all fuel burning equipment at a Kraft

pulp mill to no more than 66 tons per day and a range of 9.4 tons at

50 percent buoyancy to 17.6 tons at 100 percent buoyancy for each 3-

hour period.


There is no emission reduction expected as a result of this action.







businesses.















at (410) 537-3240.











26.11.09 Control of Fuel-Burning Equipment,

Stationary Internal Combustion Engines, and

Certain Fuel-Burning Installations


303, 10-102, and 10-103, Annotated Code of Maryland

.08 Control of NOx Emissions for Major Stationary Sources.

A.—B. (text unchanged)

C. Requirements for Fuel-Burning Equipment with a Rated Heat

Input Capacity of 250 Million Btu Per Hour or Greater.


(2) The maximum NOx emissions rates as pounds of NOx per

Million Btu per hour are:

(a)—(e) (text unchanged)

(f) 0.80 for a wall coal fired high heat release unit located at

an electric generating facility; and

(g) 0.6 for coal fired cell burners at an electric generating

facility[; and

(h) 0.70 for fuel burning equipment stacks at a non-electric

generating facility during the period May 1 through September 30 of

each year and 0.99 during the period October 1 through April 30 of

each year].

D.—K. (text unchanged)

26.11.14 Control of Emissions from Kraft Pulp

Mills



.06 Control of Volatile Organic Compounds.

A. (text unchanged)

B. Control of VOC Emissions from Specific Installations.


(2) Digester Blow Tank Systems and Knotters.

(a) Condensates from digester blow tank systems shall be

collected and treated in a condensate steam stripper or other control

system [which has a VOC removal or destruction efficiency of 90

percent or greater].


(3) Evaporators.

(a) (text unchanged)

(b) Condensates from the evaporators shall be segregated so

that the foul condensates are collected and treated in a condensate

steam stripper or other control system [that has a VOC removal or

destruction efficiency of 90 percent or greater].

(4) Brown Stock Washers.

(a) Wash water for brown stock washers shall consist of any

combination of fresh or clean water and clean condensates.

(b) Air emissions from the brown stock washers shall be

collected and combusted.


(7) The evaporators, digester blow tank systems, and brown

stock washers shall be controlled by removing 90 percent or greater

of the condensate VOC loading by demonstrating:

(a) That the VOC removal or destruction efficiencies of the

condensate stream stripper is 90 percent or greater; or


1122


(b) Through a system analysis of the condensate stripper,

evaporators, digester blow system tanks, and brown stock washers,

that VOC removal or destruction efficiency is 90 percent or greater.

C. (text unchanged)

D. Testing and Record Keeping.

(1) Tests shall be performed annually using EPA Test Method

25D found in 40 CFR Part 60 or other approved methods by the

Department to demonstrate the collective VOC removal efficiency of

the condensate steam stripper and other control systems as required.


.07 Control of NOx Emissions from Fuel Burning Equipment.

A. Applicability and NOx Emission Standards.


(2) The total combined NOx emissions of all fuel burning

equipment at the Luke Kraft pulp mill to which this regulation

applies may not exceed the following:

(a) Except as provided in §B(1) of this regulation, an

emission limit of 0.70 pounds of NOx per million Btu and 947 tons of

NOx during the period May 1 through September 30 of each year; and



B. Demonstrating Compliance.

(1) If during the period May 1 through September 30 of any

year the NOx emission limit in §A(2)(a) of this regulation is

exceeded, the owner or operator of a Kraft pulp mill shall acquire one

NOx ozone season allowance (as that term is defined at [COMAR

26.11.01.01B(4-1)] COMAR 26.11.01.01B(24-1)) for each ton or

partial ton of NOx emissions in excess of the limit in §A(2)(a) of this

regulation.

(2) The total number of NOx ozone season allowances acquired

pursuant to §B(1) of this regulation for any one period may not

exceed 95 and shall be of the same vintage year in which the

emission limit is exceeded.

(3) [Allowances] NOx ozone season allowances acquired

pursuant to §B(1) of this regulation shall be acquired on or before

November 30 and shall be submitted to the Department for retirement

by December 30 of the year in which the emission limit is exceeded.

C. Achieving Compliance Through the Use of [Allowances] NOx

ozone season allowances. The owner or operator of a Kraft pulp mill

subject to this regulation that achieves compliance through the use of

allowances pursuant to §B of this regulation shall:

(1) Acquire the NOx ozone season allowances from a source

that has been allocated allowances under COMAR 26.11.28, a NOx

ozone season allowance broker or other entity that has NOx ozone

season allowances and agrees to transfer them; and

(2) Transfer the NOx ozone season allowances to the

Department for retirement.

D. Monitoring and Reporting Requirements.

(1) [The owner or operator of a] For boilers or combustion

units at a Kraft pulp mill subject to this regulation, the owner or

operator of the Kraft pulp mill shall:

(a)—(b) (text unchanged)

(2) The owner or operator of a Kraft pulp mill subject to this

regulation shall include emissions data obtained from a CEM

pursuant to §D(1) of this regulation in the CEM quarterly reports

submitted to the Department pursuant to [COMAR

26.11.01.10G(2)(d)] COMAR 26.11.01.11E(2).

.08 Control of Sulfur Dioxide Emissions.

A. Sulfur dioxide emissions from all fuel burning equipment at a

Kraft pulp mill may not exceed:

(1) 66 tons per day as calculated from midnight to midnight;

and

(2) For each 3-hour period (calculated as block averages), a

range of 9.4 tons at 50 percent buoyancy to 17.6 tons at 100 percent

buoyancy, represented by a curve defined as follows:

Y = -11.16 X2+33.14 X - 4.38

Where:

X = fractional plume buoyancy (0.5 to 1.0); and

Y = emission limit (ton/3 hours)

B. For purposes of control and reporting, combined boiler load

and buoyancy are considered directly proportional.





[12-199-P]

The Secretary of the Environment proposes to:

(1) Amend Regulation .08 under COMAR 26.11.09 Control of

Fuel-Burning Equipment, Stationary Internal Combustion

Engines, and Certain Fuel- Burning Installations; and

(2) Adopt new Regulations .01—.08 under a new chapter,

COMAR 26.11.30 Control of Portland Cement Manufacturing

Plants.


The purpose of this action is to:

1. Combine all of the existing requirements in COMAR

26.11.01, .06, and .29 regarding NOx, SOx, visible emissions and

particulate matter that apply to Portland cement manufacturing plants

into one chapter; and

2. Repeal NOx RACT requirements in COMAR 26.11.09.08

which apply to Portland cement manufacturing plants, as the NOx

requirements in COMAR 26.11.29, established under the EPA NOx

SIP Call, constitute RACT for Portland cement kilns.




Background

Although Portland cement plants burn fuel in the cement kiln, the

kilns are not considered fuel burning equipment as defined in

COMAR 26.11.01 and are therefore subject to different NOx and SOx

emission standards. The existing COMAR 26.11.06.05 establishes a

concentration standard for SOx depending on the location of the plant

and the date the plant was constructed. The existing COMAR

26.11.29 contains NOx emission standards and monitoring

requirements for Portland cement plants. These requirements for SOx

and NOx are being moved into this new chapter. The visibility

emission standards established in COMAR 26.11.06.02 are being

mirrored in this new chapter, and the continuous opacity monitoring

requirements in COMAR 26.11.01.10 are incorporated by reference.

The new chapter will also include specific particulate matter

requirements that are already in place for confined sources in

COMAR 26.11.06.03.

One of the Portland cement plants in Maryland has replaced its

existing plant with a new more efficient plant with added capacity.

This facility is subject to different and more restrictive requirements

established in the permit to construct issued by the Department.





1123



There are two existing Portland cement manufacturing plants in

Maryland. The larger plant has a pre-calciner kiln and is located in

Carroll County. The smaller plant has a long dry kiln and is located in

Washington County.

Requirements

The main purpose of this action is to combine existing

requirements for cement plants into a single chapter.


There are no emission reductions expected as a result of this

action.








businesses.















at (410) 537-3240.











26.11.09 Control of Fuel-Burning Equipment,

Stationary Internal Combustion Engines, and

Certain Fuel-Burning Installations



.08 Control of NOx Emissions for Major Stationary Sources. A.—G. (text unchanged)

H. Requirements for [Cement Manufacturing Facilities,]

Municipal Waste Combustors[,] and Hospital, Medical, and

Infectious Waste Incinerators.

(1) A person who owns or operates a [cement manufacturing

facility or a] municipal waste combustor shall install, operate, and

maintain a CEM for NOx emissions.

[(2) NOx emissions from cement manufacturing kilns may not

exceed the following total hourly NOx emissions as determined on a

30-day rolling average of the daily average:

(a) 1,000 pounds for a facility with a total kiln capacity of

600,000 tons per year or less; and

(b) 1,800 pounds for a facility with a total kiln capacity

greater than 600,000 tons per year.]

[(3)] (2) NOx emissions from municipal waste combustors may

not exceed the NOx emissions standards in COMAR 26.11.08.07 and

COMAR 26.11.08.08 [(205 ppm 24-hour average)] or applicable

Prevention of Significant Deterioration limits, whichever is more

restrictive.

[(4)] (3) (text unchanged)

I. Requirements for Glass Melting Furnaces [and Internal

Combustion Engines at Natural Gas Pipeline Stations].


[(3) A person who owns or operates an internal combustion

engine at a natural gas pipeline station with a capacity factor over 15

percent shall perform either parametric optimization or engine rebuild

to meet the following emission standards:

(a) Facilities with five or less engines shall meet a combined

maximum hourly emission rate of 300 pounds per hour; and

(b) Facilities with more than five engines shall meet a

combined maximum hourly emissions rate of 566 pounds per hour.

(4) Records demonstrating performance of parametric

optimization shall be maintained on site for at least 2 years and made

available to the Department upon request.]

J.—K. (text unchanged)

26.11.30 Control of Portland Cement

Manufacturing Plants

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland

.01 Scope.

This chapter contains all of the general requirements that apply to

Portland cement manufacturing plants. New or modified cement

plants may be subject to more restrictive requirements that are

included in a permit issued by the Department. Portland cement

manufacturing plants subject to this chapter may also be subject to

federal New Source Performance Standards under 40CFR Part 60

Subpart F and National Emission Standards for Hazardous Air

Pollutants from the Portland Cement Manufacturing Industry under

40CFR Part 63 Subpart LLL.

.02 Applicability.

A. The requirements of this chapter apply to cement kilns and

other installations located at Portland cement manufacturing plants.

B. Any source which is subject to the provisions of this chapter is

also subject to the provisions of any other chapter. However, when

this chapter establishes an emission standard for a specific

installation which differs from the general emission standards in

COMAR 26.11.06.01—.09, this chapter takes precedence.

.03 Definitions.


indicated.

B. Terms Defined.

(1) ―Cement kiln‖ means an installation, including any

associated pre-heater or pre-calciner devices, that produces clinker

by heating limestone and other materials to produce Portland

cement.

(2) ―Cement manufacturing installation‖ means process

equipment used for subsequent production of Portland cement.


1124


(3) ―Clinker cooler‖ means an installation into which clinker

product leaving the kiln is placed to be cooled by air supplied by a

forced air draft or natural draft supply system.

(4) ―Long dry kiln‖ means a cement kiln that does not have a

pre-calciner and in which dry starting raw materials are fed into the

kiln.

(5) ―Pre-calciner kiln‖ means a cement kiln that contains a

pre-calciner at the bottom of the pre-heater tower before the

materials enter the kiln.

.04 Visible Emission Standards.

A. The owner or operator of a cement manufacturing installation

may not cause or permit the discharge of emissions which exceed the

visibility standards in §B of this regulation:

B. Visibility Standards.

(1) In Areas I, II, V, and VI, a person may not cause or permit

the discharge of emissions from any installation or building, other

than water in an uncombined form, which is greater than 20 percent

opacity.

(2) In Areas III and IV, a person may not cause or permit the

discharge of emissions from any installation or building, other than

water in an uncombined form, which is visible to human observers.

C. The owner or operator shall install and operate a continuous

opacity monitor (COM) on each cement kiln in accordance with

COMAR 26.11.01.10.

.05 Particulate Matter.

A. The owner or operator of a cement manufacturing installation

may not cause or permit the discharge of emissions of particulate

matter to exceed the limits in §B of this regulation.

B. Emission Limits.

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, a person

may not cause or permit particulate matter to be discharged from any

installation in excess of 0.05 grains per standard cubic foot dry.

(2) Areas III and IV. In Areas III and IV, a person may not

cause or permit particulate matter to be discharged from any

installation in excess of 0.03 grains per standard cubic foot dry.

.06 Sulfur Compounds.

A. Sulfur Dioxide (SO2).

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, an owner or

operator of a cement manufacturing installation may not cause

emissions with an SO2 concentration greater than 2,000 ppm for

sources constructed before January 17, 1972 or 500 ppm for sources

constructed on or after January 17, 1972.

(2) Areas III and IV. In Areas III and IV, an owner or operator

of a cement manufacturing installation may not cause emissions with

an SO2 concentration greater than 2,000 ppm for sources constructed

before February 21, 1971, or 500 ppm for sources constructed on or

after February 21, 1971.

B. Sulfuric Acid and Sulfur Trioxide.

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, an owner or

operator of a cement manufacturing installation may not cause

emissions of sulfuric acid, sulfur trioxide, or any combination of

them, in excess of 70 milligrams per cubic meter reported as sulfuric

acid, for any source constructed before January 17, 1972, or 35

milligrams per cubic meter reported as sulfuric acid, for any source

constructed on or after January 17, 1972.

(2) Areas III and IV. In Areas III and IV, an owner or operator

of a cement manufacturing installation may not cause emissions of

sulfuric acid, sulfur trioxide, or any combination of them, in excess of

70 milligrams per cubic meter reported as sulfuric acid for any

source constructed before February 21, 1971, or 35 milligrams per

cubic meter reported as sulfuric acid for any source constructed on

or after February 21, 1971.

C. All calculations of emissions for §§A and B of this regulation

shall be adjusted to standard conditions and 7 percent oxygen.

.07 Nitrogen Oxides (NOx).

A. A person who owns or operates a cement kiln at a Portland

cement manufacturing plant shall, on or before May 1, 2003, and

until April 1, 2011, either meet the applicable NOx emission

standards in §B of this regulation or implement one of the following

control measures:

(1) Install low NOx burners on each kiln; or

(2) Modify each kiln to implement mid-kiln firing.

B. Emission Standards for Cement Kilns.

(1) For long dry kilns, an affected source may not exceed a

maximum emissions of 5.1 pounds of NOx per ton of clinker

produced; and

(2) For pre-calciner kilns, an affected source may not exceed a

maximum emissions of 2.8 pounds of NOx per ton of clinker

produced.

C. Compliance with the emission standards in §B of this

regulation shall be demonstrated as a 30-day rolling average.

D. On and after April 1, 2011, the requirements in §A of this

regulation no longer apply and cement kilns shall meet the applicable

NOx emission standards in §B of this regulation.

.08 Continuous Emission Monitoring Requirements.

A. The owner or operator of a Portland cement manufacturing

plant shall:

(1) Continuously monitor NOx emissions with a continuous

emissions monitor (CEM) system in accordance with COMAR

26.11.01.11B(1) and (4) and C;

(2) Collect NOx emissions data that was obtained pursuant to

§A(1) of this regulation; and

(3) Submit emissions data collected pursuant to §A(2) of this

regulation to the Department as specified under COMAR

26.11.01.11E(2).

B. The NOx emissions data collected pursuant to §A(2) of this

regulation shall be used to demonstrate compliance with the

applicable NOx emission rate in Regulation .07B of this chapter.

C. Except for one 30-day rolling average per calendar quarter,

compliance with the applicable NOx emission rate in regulation .07B

of this chapter shall be achieved at all times.




26.11.29 [NOx Reduction Requirements for Non-

Electric Generating Units] Control of NOx

Emissions from Natural Gas Pipeline

Compression Stations

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303, Annotated Code of Maryland


[12-197-P]

The Secretary of the Environment proposes to repeal existing

Regulations .01—.05 under COMAR 26.11.29 NOx Reduction

Requirements for Non-Electric Generating Units and adopt new

Regulations .01—.05 under COMAR 29.11.29 Control of NOx

Emissions from Natural Gas Pipeline Compression Stations.


The purpose of this action is to maintain and consolidate NOx

emission requirements for internal combustion engines used to


1125


compress natural gas located at natural gas pipeline compression

stations. These NOx emission requirements were approved as RACT

by the U.S. EPA under the NOx SIP Call for affected nontrading

sources.




Background

The Department‘s RACT requirement, currently under COMAR

26.11.09.08I, established maximum hourly NOx emission limits on

affected facilities that was based on the number of engines at the

facility. Different limits were established for facilities with 5 or fewer

engines and for facilities with more than 5 engines. The RACT

requirement allowed some degree of control flexibility in that it

required no further emission controls provided historic gas

throughputs were not exceeded.

NOx SIP Call requirements for internal combustion engines

located at natural gas pipeline compression stations were recodified

when these requirements were moved to new COMAR 26.11.29 on

May 31, 2010. Under the NOx SIP Call, larger engines were to be

modified or controlled to meet a specific NOx emission concentration

based upon engine type and size.

There were several facilities affected by the NOx SIP Call

requirements in Maryland. One of the affected facilities modified its

engines to meet the requirement of this regulation. The second

facility added a NOx emission control to the one affected engine. A

smaller affected facility, having two engines, installed high pressure

fuel injection NOx controls to both the affected and unaffected engine

at approximately the same time in 2002. Only the affected engine was

required to meet the NOx emission standard.

This new chapter requires the affected facilities to continue to

meet the maximum hourly NOx emission limits and the NOx emission

concentration requirements. There are no additional requirements

established at this time. One of the other source categories that were

part of the EPA NOx SIP Call requirements for nontrading sources

was cement kilns at Portland cement plants. The Department

proposes to establish a new chapter, COMAR 26.11.30, that will

include all of the requirements for cement plants including some

requirements that are currently in COMAR 26.11.29.


This action affects one facility in Garrett County with two engines

and one facility in Howard County with over five engines. Both

facilities are currently in compliance with all the requirements.

Requirements

This new chapter requires the affected facilities to continue to

meet the maximum hourly NOx emission limits and the NOx emission

concentration requirements. There are no additional requirements

resulting from this regulation.

Expected Emission Reductions

There are no expected emission reductions from this action.







businesses.




The Department of the Environment will hold a public hearing on the

proposed action on September 12, 2012, at 10 a.m. at the Department of

the Environment, 1800 Washington Boulevard, 1st Floor Conference

Rooms, Baltimore, Maryland 21230-1720. Interested persons are invited

to attend and express their views. Comments may be sent to Deborah

Rabin, Regulations Coordinator, Air and Radiation Management

Administration, Department of the Environment, 1800 Washington

Boulevard, Suite 730, Baltimore, Maryland 21230-1720, or emailed to

[email protected]. Comments must be received not later than

September 12, 2012, or be submitted at the hearing. For more

information, call Deborah Rabin at (410) 537-3240.











.01 Definitions.


indicated.

B. Terms Defined.

(1) ―Natural gas pipeline compression station‖ means a main

line natural gas transmission station, consisting of one or more

internal combustion engines, used to compress natural gas, thereby

sustaining flow of natural gas through the pipeline.

(2) ―Parametric Optimization‖ means the adjustment of an

internal combustion engine, such as adjustment of the air to fuel

ratio, that maximizes engine efficiency and minimizes emissions.

.02 Applicability and General Requirements.

A. Applicability. This chapter applies to stationary internal

combustion engines used to compress natural gas located at natural

gas pipeline compression stations.

B. NOx Emission Limits. A person who owns or operates a

stationary internal combustion engine to which this chapter applies

shall perform either parametric optimization or engine rebuild to

meet the following NOx emission limits:

(1) Facilities with five or fewer internal combustion engines

shall meet a combined maximum hourly emission limit of 300 pounds

per hour or less.

(2) Facilities with more than five engines shall meet a combined

maximum hourly emission limit of 566 pounds per hour or less.

C. NOx Emission Rates.

(1) The NOx emission rates in §C(2) of this regulation apply to

a stationary internal combustion engine used to compress natural gas

at a natural gas pipeline compression station if the engine is one of

the types and corresponding sizes identified in §C(2) of this

regulation.

(2) Emission Rates.

Type Engine Size (brake HP) NOx Emission Rate (15

percent oxygen)

Spark ignited rich

burn

2400 HP or

greater

110 ppmv

Spark ignited lean

burn

2400 HP or

greater

125 ppmv

Diesel engines 3100 HP or

greater

175 ppmv

Dual fuel engines 4400 HP or

greater

125 ppmv


1126


(3) The NOx emission rates in §C(2) of this regulation shall

apply on and after May 1, 2003.

.03 Monitoring Requirements.

A. A person who owns or operates a stationary internal

combustion engine subject to Regulation .02C of this chapter shall:

(1) Continuously monitor NOx emissions with a continuous

emissions monitor (CEM) certified in accordance with 40 CFR Part

60 or use an alternative method approved by the Department and the

EPA;

(2) On or before May 1, 2002, collect NOx emissions data that

was obtained pursuant to §A(1) of this regulation; and

(3) Submit emissions data collected pursuant to §A(2) of this

regulation to the Department for the previous calendar year by April

1 of each year.

B. The NOx emissions data collected pursuant to §A(2) of this

regulation shall be used to demonstrate compliance with the emission

reduction requirements in Regulation .02C of this chapter.

.04 Demonstrating Compliance.

A. Internal combustion engines equipped with a CEM.

(1) The owner or operator of an internal combustion engine

subject to this chapter that is equipped with a CEM shall demonstrate

compliance with the NOx emissions limits and rates in Regulation

.02B and C of this chapter using CEM data.

(2) The sum of the NOx emissions from all affected engines at

the facility shall be used to demonstrate compliance with Regulation

.02B of this chapter.

B. Internal Combustion Engines Not Equipped with a CEM.

(1) The owner or operator of an internal combustion engine

subject to this chapter that is not equipped with a CEM shall

demonstrate compliance with the NOx emissions limits and rates in

Regulation .02B & C of this chapter as follows:

(a) Compliance shall be established by stack tests using

EPA Method 7 or other test methods approved by the Department

and the EPA; or

(b) Compliance shall be established by an alternative

emissions test approved by the Department.

(2) The results of the stack tests or alternative emissions test for

each engine and fuel consumption records submitted to the

Department pursuant to Regulation .05 of this chapter shall be used

to calculate NOx emissions for each affected engine.

(3) The sum of the NOx emissions from all of the stationary

internal combustion engines at a natural gas pipeline compression

station that are subject to this chapter shall be used to demonstrate

compliance with Regulation .02B of this chapter.

(4) Stack test schedule. The owner or operator of an internal

combustion engine subject to this chapter that is not equipped with a

CEM shall conduct a stack test or an alternative emissions test

approved by the Department to determine NOx emissions for each

affected engine not less than once each 12-month period.

.05 Maintaining Records.

Results from the previous calendar year of the stack tests,

emissions tests or CEM data and fuel consumption records for each

internal combustion engine subject to this chapter shall be submitted

to the Department as part of the annual emissions report due April 1

of each year.



Subtitle 12 RADIATION

MANAGEMENT

26.12.01 Radiation Protection

Authority: Environment Article, §§8-106, 8-301, and 8-304, Annotated Code

of Maryland


[12-200-P-I]


.01 under COMAR 26.12.01 Radiation Protection.


The purpose of this action is to update COMAR 26.12.01.01,

Incorporation by Reference, to incorporate Supplement 22, which

includes (a) minor clarifications regarding training requirements as

promulgated by the U.S. Nuclear Regulatory Commission, (b)

changes to ensure internal consistency in regulations requiring use of

a dose calibrator, (c) changes in requirements for instructions to

released patients, (d) reclassification of a small number of sealed

radioactive source licensees into a different license category resulting

in a higher annual fee for this group, (e) revision to allow use of

alternative dose weighting factors to determine exposure for certain

fluoroscopic medical procedures, and (f) minor clarifications to

regulations.





I. Summary of Economic Impact. Reclassification of fee

category for a small number of radioactive material licensees,

resulting in an increased annual fee amount for this group.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude


B. On other State

agencies: NONE

C. On local

governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated

industries or trade groups: (-) $1,000/licensee


trade groups: NONE


effects on public: (+) Indeterminable


Section II.)

D. Certain sealed radioactive material source licensees

(approximately 23) will be reclassified into a different annual fee

schedule, resulting in an increased fee for this group of

approximately $1,000 per licensee for calendar year 2013 resulting in

a total increased fee of approximately $23,000 for the group. Fee


1127


schedules are adjusted by the Consumer Price Index each calendar

year, so the fee amount for future years will change in accordance

with COMAR 26.12.03.04. Minor indeterminate administrative costs

in application for a specific license are also expected.

F. Specific licensees are tracked more closely than general

licensees, and while the security aspects of using a sealed radioactive

material source are the same, the resulting enhanced oversight is a

public benefit.



businesses.




Written comments may be sent to Michael D. Kurman,

Regulations Coordinator, Radiological Health Program, Air and

Radiation Management Administration, Maryland Department of the

Environment, 1800 Washington Boulevard, Baltimore, Maryland

21230, or e-mail to [email protected], or call 410-537-

3208, or fax to 410-537-3198. Comments will be accepted until the

close of business on September 12, 2012.

No public hearing has been scheduled. For more information call

Michael Kurman at 410-537-3208.

A copy of the proposed action may be viewed at official

depository libraries throughout the State. A listing of these depository

libraries is available on the Internet at

http://www.dsd.state.md.us/depositories.htm. You may also call the

Division of State Documents at 410-974-2486 or 800-633-9657 for

information about a depository library in your area. Additionally, a

copy may be viewed at the Maryland Department of the

Environment, 1800 Washington Boulevard, Baltimore, Maryland

21230; contact Michael Kurman for an appointment to view a copy

of the proposed action at this location.

Editor‘s Note on Incorporation by Reference

Pursuant to State Government Article, §7-207, Annotated Code of

Maryland, the Regulations for the Control of Ionizing Radiation

(1994), as amended by Supplement 1 through Supplement 22, has

been declared a document generally available to the public and

appropriate for incorporation by reference. For this reason, it will not

be printed in the Maryland Register or the Code of Maryland

Regulations (COMAR). Copies of this document are filed in special

public depositories located throughout the State. A list of these

depositories was published in 39:2 Md. R. 104 (January 27, 2012),

and is available online at www.dsd.state.md.us. The document may

also be inspected at the office of the Division of State Documents, 16

Francis Street, Annapolis, Maryland 21401.

.01 Incorporation by Reference.

All provisions of the ―Regulations for the Control of Ionizing

Radiation (1994)‖ as amended by Supplement 1 through Supplement

[21] 22 are incorporated by reference.



Title 33

STATE BOARD OF

ELECTIONS Notice of Proposed Action

[12-202-P]

The State Board of Elections proposes to amend:

(1) Regulation .01 under COMAR 33.04.02 Confidentiality of

Certain Information; and

(2) Regulation .02 under COMAR 33.13.02 Campaign

Finance Report.

This action was considered by the State Board of Elections at its

June 28, 2012, meeting, notice of which was given in accordance

with State Government Article, §10-506(c), Annotated Code of

Maryland.


The purpose of this action is to establish requirements for

disclosing certain information on campaign finance reports and allow

certain contributors to provide alternate addresses.







businesses.




Comments may be sent to Nikki Baines Trella, Election Reform

Director, State Board of Elections, P.O. Box 6486, Annapolis MD 21401-

0486, or call 410-269-2843, or email to [email protected], or

fax to 410-974-2019. Comments will be accepted through September 10,


Subtitle 04 INSPECTION AND

COPYING OF PUBLIC RECORDS

33.04.02 Confidentiality of Certain Information

Authority: Election Law Article, §§2-102(b)(4) and 3-506(a)(2); State

Government Article, §§10-613(b) and 10-615(2)(i); Annotated Code of Maryland

.01 Purpose.

This chapter sets out the procedures for when and how residence

addresses, telephone numbers, and email addresses, as contained in

registration records, campaign finance reports, certificates of

candidacy, or statements of organization to form a campaign finance

entity, may be designated as confidential and precluded from

disclosure under State Public Information Act, State Government

Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland, or

COMAR 33.04.03.


1128


Subtitle 13 CAMPAIGN FINANCING

33.13.02 Campaign Finance Report

Authority: Election Law Article, §§2-102(b)(4), [and] §13-304(b), and §13-

221(a)(3), Annotated Code of Maryland

.02 Required Contents.

A. Except as provided in §B of this regulation, for contributions

received, the campaign finance report filed by a campaign finance

entity shall include:


(4) The address of the contributor, provided that:

(a) If the contributor is an individual[, the address where the

individual resides or receives residential mail; or]:

(i) The address where the individual resides or receives

residential mail; or

(ii) An alternate address approved by the State Board if

the State Board has granted the individual’s request for

confidentiality under COMAR 33.04.02; or

(b) If the contributor is a business entity, including a

corporation, limited liability [corporation] company, union, or other

legal entity, the address where that business entity is registered or

does business;

(5) [Whether the contribution transaction was cash, check,

credit card, or payroll deduction] The method of the contribution

transaction and any other information on the transaction method

required by the State Administrator;


(8) For a political party central committee or a political action

committee associated with a business entity, whether the contribution

was an administrative contribution; [and]

(9) If an in-kind contribution, a description of the in-kind

contribution[.]; and

(10) The contributor’s employer and occupation information as

specified under §E of this regulation.

B. (text unchanged)

C. Expenditures Made. For expenditures made, the campaign

finance report filed by a campaign finance entity shall include:


(2) [The check number] The method of the expenditure

transaction including any information on the transaction method

required by the State Administrator;


D. (text unchanged)

E. Employer and Occupation.

(1) During an election cycle, if an individual makes

contributions in a cumulative amount of more than $500 to a political

committee, that individual shall provide the treasurer of the political

committee specific and accurate information regarding the

individual’s primary employer and occupation.

(2) When providing employer and occupation information, the

contributor shall use specific, nongeneric, terms and descriptions,

such as, in cases where an individual does not work outside the

home, ―Retired,‖ ―Homemaker,‖ ―Unemployed,‖ or ―Student‖

rather than not applicable.

(3) A political committee may deposit and use contributions

from an individual who is required to provide employer and

occupation information, provided the committee:

(a) Requested the information upon receiving or soliciting a

contribution; and

(b) Sent a written compliance request letter addressed to the

contributor within 30 days of receipt of any contribution from an

individual that brings the total received to $500 or more during an

election cycle.

(4) For each instance that the employer and occupation

information could not be obtained, the political committee shall:

(a) Keep records reflecting all attempts made by the

political committee to obtain the required information; and

(b) State on the campaign finance report:

(i) That a written compliance letter was sent by the

treasurer of the political committee;

(ii) The date the compliance letter was sent by the

treasurer of the political committee; and

(iii) That the contributor failed to respond or provide the

required information.

LINDA H. LAMONE

State Administrator of Elections

MM 2 2012 Page 1 of 2

Maryland Medical Orders for Life-Sustaining Treatment (MOLST)

Patient’s Last Name, First, Middle Initial Date of Birth

□ Male □ Female

This form includes medical orders for Emergency Medical Services (EMS) and other medical personnel regarding cardiopulmonary resuscitation and other life-sustaining treatment options for a specific patient. It is valid in all health care facilities and programs throughout Maryland. This order form shall be kept with other active medical orders in the patient’s medical record. The physician or nurse practitioner must accurately and legibly complete the form and then sign and date it. The physician or nurse practitioner shall select only 1 choice in Section 1 and only 1 choice in any of the other Sections that apply to this patient. If any of Sections 2-9 do not apply, leave them blank. A copy or the original of every completed MOLST form must be given to the patient or authorized decision maker within 48 hours of completion of the form or sooner if the patient is discharged or transferred.

CERTIFICATION FOR THE BASIS OF THESE ORDERS: Mark any and all that apply.

I hereby certify that these orders are entered as a result of a discussion with and the informed consent of: ________ the patient; or ________ the patient’s health care agent as named in the patient’s advance directive; or ________ the patient’s guardian of the person as per the authority granted by a court order; or ________ the patient’s surrogate as per the authority granted by the Health Care Decisions Act; or ________ if the patient is a minor, the patient’s legal guardian or another legally authorized adult.

Or, I hereby certify that these orders are based on: ________ instructions in the patient’s advance directive; or ________ other legal authority in accordance with all provisions of the Health Care Decisions Act. All supporting documentation must be contained in the patient’s medical records.

________ Mark this line if the patient or authorized decision maker declines to discuss or is unable to make a decision about these treatments. The patient’s or authorized decision maker’s participation in the preparation of the MOLST form is always voluntary. If the patient or authorized decision maker has not limited care, except as otherwise provided by law, CPR will be attempted and other treatments will be given.

1

CPR (RESUSCITATION) STATUS: EMS providers must follow the Maryland Medical Protocols for EMS Providers.

________ Attempt CPR: If cardiac and/or pulmonary arrest occurs, attempt cardiopulmonary resuscitation (CPR).

This will include any and all medical efforts that are indicated during arrest, including artificial ventilation and efforts to restore and/or stabilize cardiopulmonary function.

[If the patient or authorized decision maker does not or cannot make any selection regarding CPR status, mark this option. Exceptions: If a valid advance directive declines CPR, CPR is medically ineffective, or there is some other legal basis for not attempting CPR, mark one of the “No CPR” options below.]

____________________________________________________________________________________________________________________________________________

No CPR, Option A, Comprehensive Efforts to Prevent Arrest: Prior to arrest, administer all

medications needed to stabilize the patient. If cardiac and/or pulmonary arrest occurs, do not attempt resuscitation (No CPR). Allow death to occur naturally.

________ Option A-1, Intubate: Comprehensive efforts may include intubation and artificial ventilation.

________ Option A-2, Do Not Intubate (DNI): Comprehensive efforts may include limited ventilatory

support by CPAP or BiPAP, but do not intubate. _______________________________________________________________________________________________________________________________________

_______ No CPR, Option B, Palliative and Supportive Care: Prior to arrest, provide passive oxygen for

comfort and control any external bleeding. Prior to arrest, provide medications for pain relief as needed, but no other medications. Do not intubate or use CPAP or BiPAP. If cardiac and/or pulmonary arrest occurs, do not attempt resuscitation (No CPR). Allow death to occur naturally.

PHYSICIAN’S OR NURSE PRACTITIONER’S SIGNATURE (Signature and date are required to validate order) Practitioner’s Signature

Print Practitioner’s Name

Maryland License #

Phone Number Date

Patient’s Last Name, First, Middle Initial

Date of Birth

Page 2 of 2

□ Male □ Female

Orders in Sections 2-9 below do not apply to EMS providers and are for situations other than cardiopulmonary arrest. Only complete applicable items in Sections 2 through 8, and only select one choice per applicable Section.

2

ARTIFICIAL VENTILATION 2a. _______ May use intubation and artificial ventilation indefinitely, if medically indicated. 2b. _______ May use intubation and artificial ventilation as a limited therapeutic trial. Time limit______________________________________________________________________ 2c. _______ May use only CPAP or BiPAP for artificial ventilation, as medically indicated. Time limit______________________________________________________________________ 2d. _______ Do not use any artificial ventilation (no intubation, CPAP or BiPAP).

3

BLOOD TRANSFUSION 3a. _______ May give any blood product (whole blood, packed red blood cells, plasma or platelets) that is medically indicated.

3b. _______ Do not give any blood products.

4

HOSPITAL TRANSFER 4a. _______ Transfer to hospital for any situation requiring hospital-level care.

4b. _______ Transfer to hospital for severe pain or severe symptoms that cannot be controlled otherwise. 4c. _______ Do not transfer to hospital, but treat with options available outside the hospital.

5

MEDICAL WORKUP 5a. _______ May perform any medical tests indicated to diagnose and/or treat a medical condition.

5b. _______ Only perform limited medical tests necessary for symptomatic treatment or comfort. 5c. _______ Do not perform any medical tests for diagnosis or treatment.

6

ANTIBIOTICS 6a. _______ May use antibiotics (oral, intravenous or intramuscular) as medically indicated. 6b. _______ May use oral antibiotics when medically indicated, but do not give intravenous or intramuscular antibiotics.

6c. _______ May use oral antibiotics only when indicated for symptom relief or comfort. 6d. _______ Do not treat with antibiotics.

7

ARTIFICIALLY ADMINISTERED FLUIDS AND NUTRITION

7a. _______ May give artificially administered fluids 7c. _______ May give fluids for artificial hydration and nutrition, even indefinitely, if medically as a therapeutic trial, but do not give indicated. artificially administered nutrition. 7b. _______ May give artificially administered fluids and Time limit_________________________ nutrition, if medically indicated, as a trial. 7d. _______ Do not provide artificially administered Time limit__________________________ fluids or nutrition.

8 DIALYSIS 8b. _______ May give dialysis for a limited period. 8a. _______ May give chronic dialysis for end-stage Time limit_________________________ kidney disease if medically indicated. 8c. _______ Do not provide acute or chronic dialysis.

OTHER ORDERS ___________________________________________________________________________ 9 __________________________________________________________________________________________

__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

PHYSICIAN’S OR NURSE PRACTITIONER’S SIGNATURE (Signature and date are required to validate order) Practitioner’s Signature

Print Practitioner’s Name

Maryland License #

Phone Number Date

INSTRUCTIONS

Completing the Form: The physician or nurse practitioner shall select only 1 choice in Section 1 and only 1 choice in any of the other Sections that apply to this patient. If any of Sections 2-9 do not apply, leave them blank. Use Section 9 to document any other orders related to life-sustaining treatments. The order form is not valid until a physician or nurse practitioner signs and dates it. Each page that contains orders must be signed and dated. A copy or the original of every completed MOLST form must be given to the patient or authorized decision maker within 48 hours of completion of the form or sooner if the patient is discharged or transferred.

Selecting CPR (Resuscitation) Status: EMS Option A-1 – Intubate, Option A-2 – Do Not Intubate, and Option B include a set of medical interventions. You cannot alter the set of interventions associated with any of these options and cannot override or alter the interventions with orders in Section 9.

No-CPR Option A: Comprehensive Efforts to Prevent Cardiac and/or Respiratory Arrest / DNR if Arrest – No CPR. This choice may be made either with or without intubation as a treatment option. Prior to arrest, all interventions allowed under The Maryland Medical Protocols for EMS Providers. Depending on the choice, intubation may or may not be utilized to try to prevent arrest. Otherwise, CPAP or BiPAP will be the only devices used for ventilatory assistance. In all cases, comfort measures will also be provided. No CPR if arrest occurs.

No-CPR Option B: Supportive Care Prior to Cardiac and/or Respiratory Arrest. DNR if Arrest Occurs – No CPR. Prior to arrest, interventions may include opening the airway by non-invasive means, providing passive oxygen, controlling external bleeding, positioning and other comfort measures, splinting, pain medications by orders obtained from a physician (e.g., by phone or electronically), and transport as appropriate. No CPR if arrest occurs.

The DNR A-1, DNR A-2 (DNI) and DNR B options will be authorized by this original order form, a copy or a fax of this form, or a bracelet or necklace with the DNR emblem. EMS providers or medical personnel who see these orders are to provide care in accordance with these orders and the applicable Maryland Medical Protocols for EMS Providers. Unless a subsequent order relating to resuscitation has been issued or unless the health care provider reasonably believes a DNR order has been revoked, every health care provider, facility, and program shall provide, withhold, or withdraw treatment according to these orders in case of a patient’s impending cardiac or respiratory arrest.

Location of Form: The original or a copy of this form shall accompany patients when transferred or discharged from a facility or program. Health care facilities and programs shall maintain this order form (or a copy of it) with other active medical orders or in a section designated for MOLST and related documents in the patient’s active medical record. At the patient’s home, this form should be kept in a safe and readily available place and retrieved for responding EMS and health care providers before their arrival. The original, a copy, and a faxed MOLST form are all valid orders. There is no expiration date for the MOLST or EMS DNR orders in Maryland.

Reviewing the Form: These medical orders are based on this individual’s current medical condition and wishes. Patients, their authorized decision makers and attending physicians or nurse practitioners shall review and update, if appropriate, the MOLST orders annually and whenever the patient is transferred between health care facilities or programs, is discharged, has a substantial change in health status, loses capacity to make health care decisions, or changes his or her wishes.

Updating the Form: The MOLST form shall be voided and a new MOLST form prepared when there is a change to any of the orders. If modified, the physician or nurse practitioner shall void the old form and complete, sign, and date a new MOLST form.

Voiding the Form: To void this medical order form, the physician or nurse practitioner shall draw a diagonal line through the sheet, write “VOID” in large letters across the page, and sign and date below the line. A nurse may take a verbal order from a physician or nurse practitioner to void the MOLST order form. Keep the voided order form in the patient’s active or archived medical record.

Revoking the Form’s DNR Order: In an emergency situation involving EMS providers, the DNR order in Section 1 may be revoked at any time by a competent patient’s request for resuscitation made directly to responding EMS providers.

Bracelets and Necklaces: If desired, complete the paper form at the bottom of this page, cut out the bracelet portion below, and place it in a protective cover to wear around the wrist or neck or pinned to clothing. If a metal bracelet or necklace is desired, contact Medic Alert at 1-800-432-5378. Medic Alert requires a copy of this order along with an application to process the request.

How to Obtain This Form: Call 410-706-4367 or go to marylandmolst.org

Use of an EMS DNR bracelet is

OPTIONAL and at the discretion of

the patient or authorized decision

maker. Print legibly, have physician or NP sign,

cut off strip, fold, and insert in bracelet or

necklace.

□ DNR A-1 Intubate □ DNR A-2 Do Not Intubate □ DNR B

Pt. Name _______________________________________ DOB __________________

Phys./NP Name __________________________________ Date __________________

Phys./NP Signature ______________________________ Phone __________________

1129


Errata

COMAR 10.10.13 At 39:11 Md. R. 702 (June 1, 2012), col. 1, line 1 from the top:

For: number of newborns who are screened annually, which is

$68,000,

Read: number of newborns who are screened annually, which is

68,000,

[12-16-12]

1130


Special Documents

DEPARTMENT OF THE

ENVIRONEMNT

SUSQUEHANNA RIVER BASIN

COMMISSION Public Hearing

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: The Susquehanna River Basin Commission will hold a

public hearing on August 23, 2012, in Harrisburg, Pennsylvania. At

this public hearing, the Commission will hear testimony on the

projects listed in the Supplementary Information section of this

notice. Such projects are intended to be scheduled for Commission

action at its next business meeting, tentatively scheduled for

September 20, 2012, which will be noticed separately. The public

should take note that this public hearing will be the only opportunity

to offer oral comment to the Commission for the listed projects. The

deadline for the submission of written comments is September 4,

2012.

DATES: The public hearing will convene on August 23, 2012, at

2:30 p.m. The public hearing will end at 5:00 p.m. or at the

conclusion of public testimony, whichever is sooner. The deadline

for the submission of written comments is September 4, 2012.

ADDRESS: The public hearing will be conducted at the North

Office Building, Hearing Room 1 (Ground Level), North Street (at

Commonwealth Avenue), Harrisburg, Pa. 17120.

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo,

General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717)

238-2436.

Information concerning the applications for these projects is available

at the SRBC Water Resource Portal at www.srbc.net/wrp. Materials

and supporting documents are available to inspect and copy in

accordance with the Commission‘s Access to Records Policy at

www.srbc.net/pubinfo/docs/2009-

02%20Access%20to%20Records%20Policy%209-10-09.PDF.

Opportunity to Appear and Comment:

Interested parties may appear at the hearing to offer comments to the

Commission on any project listed below. The presiding officer reserves

the right to limit oral statements in the interest of time and to otherwise

control the course of the hearing. Ground rules will be posted on the

Commission‘s web site, www.srbc.net, prior to the hearing for review.

The presiding officer reserves the right to modify or supplement such

rules at the hearing. Written comments on any project listed below may

also be mailed to Mr. Richard Cairo, General Counsel, Susquehanna

River Basin Commission, 1721 North Front Street,

Harrisburg, Pa. 17102-2391, or submitted electronically through

http://www.srbc.net/pubinfo/publicparticipation.htm. Comments mailed

or electronically submitted must be received by the Commission on or

before September 4, 2012, to be considered.

SUPPLEMENTARY INFORMATION: The public hearing will

cover the following projects:

Projects for Action:

Project Sponsor and Facility: Borough of Adamstown, Adamstown

Borough, Lancaster County, Pa. Application for renewal of

groundwater withdrawal of up to 0.099 mgd (30-day average) from

Well 4 (Docket No. 19801104).

Project Sponsor and Facility: Anadarko E&P Company LP (Second

Fork Larrys Creek), Mifflin Township, Lycoming County, Pa.

Application for surface water withdrawal of up to 0.499 mgd (peak

day).

Project Sponsor and Facility: Cabot Oil & Gas Corporation

(Susquehanna River), Susquehanna Depot Borough, Susquehanna

County, Pa. Application for renewal of surface water withdrawal

of up to 1.500 mgd (peak day) (Docket No. 20080908).

Project Sponsor and Facility: Cabot Oil & Gas Corporation

(Susquehanna River), Great Bend Township, Susquehanna County,

Pa. Application for renewal of surface water withdrawal of up to

2.000 mgd (peak day) (Docket No. 20080905).

Project Sponsor and Facility: Caernarvon Township Authority,

Caernarvon Township, Berks County, Pa. Application for renewal

of groundwater withdrawal of up to 0.035 mgd (30-day average)

from Well 6 (Docket No. 19820912).

Project Sponsor and Facility: Carrizo (Marcellus), LLC (Muddy

Run), Gulich Township, Clearfield County, Pa. Application for

surface water withdrawal of up to 0.720 mgd (peak day).

Project Sponsor and Facility: East Hempfield Township Municipal

Authority, East Hempfield Township, Lancaster County, Pa.

Application for groundwater withdrawal of up to 0.070 mgd (30-

day average) from S-1 (Baker Spring).




day average) from Well W-1.















Application for renewal of groundwater withdrawal of up to

0.792 mgd (30-day average) from Well W-5 (Docket

No. 19810203).

Project Sponsor and Facility: Enerplus Resources (USA)

Corporation (West Branch Susquehanna River), East Keating

Township, Clinton County, Pa. Application for surface water

withdrawal of up to 2.000 mgd (peak day).

Project Sponsor and Facility: EQT Production Company (Pine

Creek), Porter Township, Lycoming County, Pa. Application for

surface water withdrawal of up to 1.000 mgd (peak day).

Project Sponsor and Facility: EXCO Resources (PA), LLC (Larrys

Creek), Mifflin Township, Lycoming County, Pa. Application for

renewal of surface water withdrawal with modification to increase

SPECIAL DOCUMENTS

1131


by an additional 0.413 mgd, for a total of 0.499 mgd (peak day)

(Docket No. 20080936).

Project Sponsor and Facility: Falling Springs Water Works, Inc.

(Falling Springs Reservoir), Ransom Township, Lackawanna

County, Pa. Application for surface water withdrawal of up to

0.800 mgd (peak day).

Project Sponsor and Facility: Forest Springs Water Company,

Wayne Township, Schuylkill County, Pa. Application for

groundwater withdrawal of up to 0.075 mgd (30-day average) from

Borehole BH-1.

Project Sponsor and Facility: Forest Springs Water Company,

Wayne Township, Schuylkill County, Pa. Modification to

consumptive water use approval removing previous sources

Spring 1 and Spring 2 and adding new source Borehole BH-1

(Docket No. 20010206).

Project Sponsor and Facility: Gaberseck Brothers (Odin Pond 2),

Keating Township, Potter County, Pa. Application for surface

water withdrawal of up to 0.249 mgd (peak day).

Project Sponsor and Facility: Houtzdale Municipal Authority

(Beccaria Springs), Gulich Township, Clearfield County, Pa.

Application for surface water withdrawal of up to 10.000 mgd

(peak day).

Project Sponsor: Hydro Recovery-Antrim LP. Project Facility:

Antrim Treatment Plant, Duncan Township, Tioga County, Pa.

Modification to project features and to increase surface water

withdrawal by an additional 1.152 mgd, for a total of 1.872 mgd

(peak day) (Docket No. 20090902).

Project Sponsor and Facility: Keystone Clearwater Solutions, LLC

(Lycoming Creek), Lewis Township, Lycoming County, Pa.

Modification to increase surface water withdrawal by an additional

1.308 mgd, for a total of 2.600 mgd (peak day) (Docket

No. 20110616).


(Moshannon Creek), Snow Shoe Township, Centre County, Pa.

Application for renewal of surface water withdrawal of up to



(West Branch Susquehanna River), Goshen Township, Clearfield

County, Pa. Application for renewal of surface water withdrawal

of up to 2.160 mgd (peak day) (Docket No. 20080944).

Project Sponsor and Facility: Roaring Spring Water – Division of

Roaring Spring Blank Book, Roaring Spring Borough, Blair

County, Pa. Modification to increase consumptive water use by an

additional 0.125 mgd, for a total of 0.255 mgd (peak day) (Docket

No. 20120309).

Project Sponsor and Facility: Roaring Spring Water – Division of

Roaring Spring Blank Book (Roaring Spring), Roaring Spring

Borough, Blair County, Pa. Modification to increase surface water

withdrawal by an additional 0.131 mgd, for a total of 0.302 mgd

(peak day) (Docket No. 20120309).

Project Sponsor and Facility: Southwestern Energy Production

Company (Middle Lake), New Milford Township, Susquehanna

County, Pa. Application for surface water withdrawal of up to

0.720 mgd (peak day).

Project Sponsor and Facility: Talisman Energy USA Inc.

(Susquehanna River), Sheshequin Township, Bradford County, Pa.

Application for renewal of surface water withdrawal of up to


AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR

Parts 806-808.

Dated: July 23, 2012.

THOMAS W. BEAUDUY

Deputy Executive Director

[12-16-21]


AND MENTAL HYGIENE

REQUEST FOR COMMENT ON

REGULATIONS FOR MINORS USING

TANNING DEVICES In the 2008 legislative session, the General Assembly passed

HB1358, which provided authority for the Department of Health and

Mental Hygiene to adopt regulations on parental informed consent

and age verification for minors‘ use of tanning devices. The

legislation‘s purpose included ―prohibiting owners, employees and

operators of tanning facilities from allowing minors to use certain

tanning devices unless certain individuals provide consent for the

minors in a certain manner‖ and ―requiring certain owners employees

and operators of tanning facilities to require certain documentation

before allowing certain individuals access to tanning facilities.‖

The legislation‘s preamble noted that ―[m]more than 2,300,000

teenagers use artificial tanning devices each year.‖ The preamble

also stated that the World Health Organization and the American

Academy of Pediatrics have taken positions against the use of tanning

devices by minors. The preamble also stated: ―It is in the public

interest to protect children from the harmful effects of ultraviolet

radiation through the use of artificial tanning devices by restricting

minors‘ access to such devices unless authorized by a physician.‖

In compliance with Health-General Article, §20-106, Annotated

Code of Maryland, the Department of Health and Mental Hygiene

adopted regulations on the use of tanning devices by minors. The

regulations (Code of Maryland Regulations 10.52.06), which became

effective on June 29, 2009, established procedures for written

consent; a requirement that persons in charge of tanning facilities use

the consent form prescribed by the Department; a requirement to

verify the age of persons seeking to use tanning devices; record-

keeping; and a process for complaints, investigations, and

enforcement.

The Department prescribed a consent and

information form for tanning facilities (available at

http://ideha.dhmh.maryland.gov/OEHFP/EH/Shared%20Documents/

Consent_Form_Approved.pdf).

The Secretary requests comments by Friday, August 31, 2012, on

whether the regulations or consent form should be updated.

Comments are specifically sought on: (a) the state of scientific

knowledge regarding the health risks associated with tanning devices

and their use by minors; (b) information on whether the consent and

age verification procedures prescribed by regulation are being carried

out, in the experience of consumers and facility operators; and (c)

recommendations, with justification, for changes in consent and age

verification procedures as prescribed by regulation.

SPECIAL DOCUMENTS

1132


The Secretary has asked the Children‘s Environmental Health and

Protection Advisory Council to review comments and to make

recommendations on whether the Department should take any

additional action. The Children‘s Environmental Health and

Protection Advisory Council (CEHPAC) was established in 2000 by

Health-General Article, §13-1501—1506, Annotated Code of

Maryland. CEHPAC advises the Governor and the General Assembly

on environmental issues that may pose a threat to children. In

addition to reviewing written comments, the Council will hold a

hearing to solicit public input on the three questions above on

September 18, 2012. The Council will then vote on

recommendations to forward to the Secretary of Health and Mental

Hygiene regarding the consent form and the consent and age

verification procedures.

Written comments should be submitted by August 31, 2012, at

5:00 PM.

Comments may be submitted by mail to Michele Phinney,

Director, Office of Regulation and Policy Coordination, Department

of Health and Mental Hygiene, 201 W. Preston St., Room 512,

Baltimore, MD 21201 or call 410-767-6499, TTY: 800-735-2258, or

by email to [email protected], or by fax to 410-767-6483.



1133


General Notices

Notice of ADA Compliance

The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone

planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the

agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

BOARD OF ARCHITECTS

Subject: Public Meeting

Date and Time: August 29, 2012, 10 a.m.

Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MD

Contact: Pamela J. Edwards (410) 230-

6262

[12-16-24]

ATHLETIC COMMISSION


Date and Time: August 30, 2012, 2 — 4

p.m.


Rm., Baltimore, MD

Contact: Patrick Pannella (410) 230-6223

[12-16-14]

CHESAPEAKE BAY TRUST


Date and Time: September 12, 2012, 3 —

6 p.m.

Place: Loews Hotel, Annapolis, MD

Contact: Heather Adams (410) 974-2941

[12-16-19]

BOARD FOR THE CERTIFICATION

OF RESIDENTIAL CHILD CARE

PROGRAM ADMINISTRATORS


Date and Time: September 14, 2012, 9:30

a.m. — 12 p.m.; Additional Dates:

September 14, October 12, and December

14, 2012

Place: 4201 Patterson Ave., Rm. 105,

Baltimore, MD

Contact: Richard Proctor (410) 764-5911

[12-16-03]

BOARD OF MASTER

ELECTRICIANS


Date and Time: September 25, 2012, 10

a.m. — 12 p.m.

Place: 500 N. Calvert St., Baltimore, MD

Contact: Gae Herzberger (410) 230-6163

[12-16-07]

BOARD OF ENVIRONMENTAL

SANITARIANS



a.m. — 4 p.m.

Place: Howard Co. Bureau of Utilities,

8270 Old Montgomery Rd., Columbia, MD

Add’l. Info: A portion of this meeting may

be held in closed session.

Contact: E. Lee Haskins (410) 537-3594

[12-16-02]

FIRE PREVENTION COMMISSION


Date and Time: August 30, 2012, 9:30

a.m.

Place: Laurel Municipal Bldg., 8103 Sandy

Spring Rd., Counsel Chambers, Laurel,

MD

Contact: Heidi Ritchie (877) 890-0199

[12-16-10]


AND MENTAL

HYGIENE/LABORATORIES

ADMINISTRATION



a.m. — 12 p.m.

Place: 201 W. Preston St. O‘Conor Bldg.

Rm. L-37, Baltimore, MD

Contact: Georgette P. Zoltani (410) 764-

2899

[12-16-22]

BOARD OF HEATING,

VENTILATION, AIR-

CONDITIONING, AND

REFRIGERATION CONTRACTORS

(HVACR)



a.m. — 12 p.m.


Rm., Baltimore, MD

Contact: Steve Smitson (410) 230-6169

[12-16-09]

MARYLAND INSURANCE

ADMINISTRATION



— 12 p.m.

Place: MD Insurance Administration, 200

St. Paul Pl., 24th Fl., Hearing Rm.,

Baltimore, MD

Add’l. Info: Rescheduled Second Meeting

of the Workgroup on Lead Liability

Protection for Rental Property

Contact: Tinna Damaso Quigley (410)

468-2202

[12-16-15]

MARYLAND INSURANCE

ADMINISTRATION



11 a.m.

Place: MD Insurance Administration, 200

St. Paul Pl., 24th Fl., Hearing Rm.,

Baltimore, MD

Add’l. Info: Third Meeting of the

Workgroup on Access to Habilitative

Services Benefits

Contact: Tinna Damaso Quigley (410)

468-2202

[12-16-13]

MARYLAND STATE LOTTERY

COMMISSION



— 12 p.m.

Place: Montgomery Park Business Center,

1800 Washington Blvd., Ste. 330,

Baltimore, MD

Contact: Marie A. Torosino (410) 230-

8790

[12-16-26]

MARYLAND HEALTH CARE

COMMISSION



p.m.

Place: Maryland Health Care Commission,

4160 Patterson Ave., Conf. Rm. 100,

Baltimore, MD

Contact: Valerie Wooding (410) 764-3460

[12-16-01]

GENERAL NOTICES

1134


MINORITY BUSINESS ENTERPRISE

ADVISORY COMMITTEE



a.m. — 5 p.m.

Place: Harry R. Hughes Dept. of

Transportation Bldg., 7201 Corporate

Center Dr., Hanover, MD

Contact: Pam Gregory (410) 865-1253

[12-16-05]

RACING COMMISSION



— 1 p.m.

Place: Laurel Park, Laurel, MD

Contact: J. Michael Hopkins (410) 296-

9682

[12-16-11]

RETIREMENT AND PENSION

SYSTEM — BOARD OF TRUSTEES



Place: Sun Trust Bldg., 120 E. Baltimore

St., 16th Fl. Boardroom, Baltimore, MD

Add’l. Info: Meeting date and location are

subject to change. Anyone interested in

attending should contact the MD

Retirement Agency for confirmation.

Please note, the meeting may include a

closed session. Sign language interpreters

and/or appropriate accommodation for

qualified individuals with disabilities will

be provided upon request; please call 410-

625-5609 or 1-800-735-2258 TTY.

Contact: Patrice Sowah (410) 625-5609

[12-16-16]

RETIREMENT AND PENSION

SYSTEM — BOARD OF TRUSTEES



a.m.

Place: Sun Trust Bldg., 120 E. Baltimore

St., 16th Fl. Boardroom, Baltimore, MD

Add’l. Info: Meeting date and location are

subject to change. Anyone interested in

attending should contact the MD

Retirement Agency for confirmation.

Please note, the meeting may include a

closed session. Sign language interpreters

and/or appropriate accommodation for

qualified individuals with disabilities will

be provided upon request; please call 410-

625-5609 or 1-800-735-2258 TTY.

Contact: Patrice Sowah (410) 625-5609

[12-16-17]

WORKERS’ COMPENSATION

COMMISSION

Subject: Public Meeting on Regulations


11 a.m.

Place: 10 E. Baltimore St., 7th Fl.,

Baltimore, MD

Add’l. Info: Portions of this meeting may

be held in closed session.

Contact: Amy Lackington (410) 864-5300

[12-16-06]