Maryland Register, Volume 44, Issue 06, March 17, 2017
| Jurisdiction | Maryland |
| Library | Maryland Register |
| Published date | 17 March 2017 |
| Year | 2017 |
IN THIS ISSUE
Governor
General Assembly
Judiciary
Regulations
Errata
Special Documents
General Notices
Volume 44 • Issue 6 • Pages 311—340
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Maryland, this issue contains all previously unpublished documents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 February 27, 2017, 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 February 27, 2017.
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State
Issue Date: March 17, 2017
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 o fficial 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 on ce 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 docu ment 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 in spection 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
http://www.dsd.state.md.us/PDF/CumulativeTable.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 th e 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 d etermined. Listed below
are so me 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 b y 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. 4 10-260-3876; 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 post age paid at
Annapolis, Maryland and additional mailing offices.
Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of
State; Gail S. Klakring, Acting Administrator; Mary D. MacDonald, Editor,
Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR
Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and
Maryland Register Online.
Front cover: State House, Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic
form is a prohibited commercial purpose (see State Government Article, §7 -206.2, Annotated Code of Maryland). By purchasing a product, the
buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.
Contents 313
MARYLAND REGISTER, VOLUME 44, ISSUE 6, FRIDAY, MARCH 17, 2017
Closing Dates for the Maryland Register
Schedule of Closing Dates and Issue Dates for the
Maryland Register .................................................................... 315
COMAR Research Aids
Table of Pending Proposals .......................................................... 316
Index of COMAR Titles Affected in This Issue
COMAR Title Number and Name Page
03 Comptroller of the Treasury .............................................. 324
08 Department of Natural Resources ..................................... 324
10 Department of Health and Mental Hygiene .............. 325, 331
11 Department of Transportation ............................................ 326
13A State Board of Education .......................................... 326, 330
13B Maryland Higher Education Commission ................. 327, 330
15 Department of Agriculture ................................................ 328
31 Maryland Insurance Administration ................................. 328
33 State Board of Elections .................................................... 328
PERSONS WITH DISABILITIES
Individuals with disab ilities who desire assistance in usin g the
publications and services of the Division of State Documents are
encouraged to call (410) 974-2486, or (800) 633-9657, o r FAX to
(410) 974-2546, or through Maryland Relay.
The Governor
EXECUTIVE ORDER 01.01.2017.02 ......................................... 319
General Assembly
SYNOPSIS NO. 4 .......................................................................... 320
The Judiciary
COURT OF APPEALS OF MARYLAND ................................. 323
DISCIPLINARY PROCEEDINGS .................................. 323
Final Action on Regulations
03 COMPTROLLER OF THE TREASURY
OFFICE OF THE COMPTROLLER
Tax Payments — Immediately Available Funds ............... 324
INCOME TAX
General Regulations .......................................................... 324
Corporations ..................................................................... 324
Pass-Through Entity Nonresident Tax .............................. 324
08 DEPARTMENT OF NATURAL RESOURCES
FISHERIES SERVICE
Crabs ................................................................................. 324
Gear .................................................................................. 325
10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE
HOSPITALS
Acute General Hospitals and Special Hospitals ................ 325
HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION
AND ACQUIRED IMMUNODEFICIENCY
SYNDROME (AIDS)
HIV Testing for Pregnant Women Receiving Prenatal
Care ................................................................................ 326
11 DEPARTMENT OF TRANSPORTATION
MOTOR VEHICLE ADMINISTRATION—ADMINISTRATIVE
PROCEDURES
Payment by Check ............................................................ 326
13A STATE BOARD OF EDUCATION
SPECIFIC SUBJECTS
Program in Cosmetology .................................................. 326
Program for Barbers ......................................................... 326
SUPPORTING PROGRAMS
Student Transportation ..................................................... 326
CERTIFICATION
Administrators and Supervisors ........................................ 327
13B MARYLAND HIGHER EDUCATION COMMISSION
NONPUBLIC SCHOOLS
Minimum Requirements for Private Career Schools ........ 327
ACADEMIC REGULATIONS
Minimum Requirements for In-State Degree-Granting
Institutions ..................................................................... 327
Registration ...................................................................... 327
FULLY ONLINE PROGRAMS
Registration ...................................................................... 327
15 DEPARTMENT OF AGRICULTURE
PESTICIDE USE CONTROL
Use and Sale of Pesticides, Certification of Pesticide
Applicators and Pest Control Consultants, and Licensing of
Pesticide Businesses ...................................................... 328
31 MARYLAND INSURANCE ADMINISTRATION
INSURANCE PRODUCERS AND OTHER
INSURANCE PROFESSIONALS
Public Adjusters ............................................................... 328
PROPERTY AND CASUALTY INSURANCE
Liability of Insurer—Failure to Act in Good Faith ........... 328
Liability of Insurer—Failure to Act in Good Faith ........... 328
LIFE INSURANCE AND ANNUITIES
Contracts on a Variable Basis ........................................... 328
Group Annuity Contracts ................................................. 328
33 STATE BOARD OF ELECTIONS
CAMPAIGN FINANCING
Authority Line Requirements; Electronic Media .............. 328
Independent Expenditure Requirements ........................... 328
Prohibitions ...................................................................... 328
Administrative Accounts .................................................. 328
ADMINISTRATION OF PUBLIC FINANCING ACT
Eligibility Requirements and Procedures ......................... 329
DISCLOSURE BY PERSONS DOING PUBLIC BUSINESS
Contributions .................................................................... 329
Withdrawal of Regulations
13A STATE BOARD OF EDUCATION
SPECIFIC SUBJECTS
Education That Is Multicultural ........................................ 330
13B MARYLAND HIGHER EDUCATION COMMISSION
FINANCIAL AID
Workforce Shortage Student Assistance Grant
Program ......................................................................... 330
Proposed Action on Regulations
10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE
HOSPITALS
Health Care Staff Agencies .............................................. 331
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