Maryland Register, Volume 48, Issue 21, October 8, 2021

• Jurisdiction: Maryland
• Library: Maryland Register
• Published date: 08 October 2021
• Year: 2021

IN THIS ISSUE

Judiciary

Regulations

Special Documents

General Notices

Volume 48 • Issue 21 • Pages 873—928

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Maryland, this issue contains all previously unpublished documents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 September 20, 2021,

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 September 20, 2021.

Gail S. Klakring

Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: October 8, 2021

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 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 regulatio n. 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 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. 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 postage paid at

Annapolis, Maryland and additional mailing offices.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of

State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior 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 875

MARYLAND REGISTER, VOLUME 48, ISSUE 21, FRIDAY, OCTOBER 8, 2021

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the

Maryland Register .................................................................... 877

COMAR Research Aids

Table of Pending Proposals .......................................................... 878

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name Page

02 Office of the Attorney General ......................................... 893

03 Comptroller of the Treasury .............................................. 896

08 Department of Natural Resources ..................................... 889

09 Maryland Department of Labor ........................................ 897

10 Maryland Department of Health ............................... 889, 898

11 Department of Transportation ............................................ 890

13A State Board of Education .................................................. 882

13B Maryland Higher Education Commission ......... 883, 890, 904

14 Independent Agencies ....................................................... 890

15 Maryland Department of Agriculture ................................ 892

21 State Procurement Regulations ......................................... 883

26 Department of the Environment ........................................ 905

28 Office of Administrative Hearings .................................... 908

30 Maryland Institute for Emergency Medical Services

Systems (MIEMSS) ...................................................... 892

34 Department of Planning .................................................... 912

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 Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS .................................. 881

COMMISSION ON JUDICIAL DISABILITIES

NOTICE OF HEARING ON PUBLIC CHARGES IN THE

MATTER OF JUDGE W. LOUIS HENNESSY

CJD 2020-025 ................................................................ 881

Emergency Action on Regulations

13A STATE BOARD OF EDUCATION

STATE SCHOOL ADMINISTRATION

Face Coverings in School Facilities ................................. 882

13B MARYLAND HIGHER EDUCATION COMMISSION

NONPUBLIC SCHOOLS

Minimum Requirements for Private Career Schools ......... 883

21 STATE PROCUREMENT REGULATIONS

ADMINISTRATIVE AND CIVIL REMEDIES

Maryland State Board of Contract Appeals — General .... 883

Maryland State Board of Contract Appeals — Procedures

for Appealing Contract Disputes .................................... 883

Maryland State Board of Contract Appeals — Procedures

for Appealing Protests .................................................... 883

Final Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fishing Licenses―Point Assignment, License Revocation

and Suspension Schedule and Criteria, and Hearing

Schedule ........................................................................ 889

10 MARYLAND DEPARTMENT OF HEALTH

MARYLAND HEALTH CARE COMMISSION

State Health Plan for Facilities and Services: General Surgical

Services ......................................................................... 889

Maryland Medical Care Data Base and Data Collection .. 889

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program: Managed Care

Organizations ................................................................ 889

Maryland Medicaid Managed Care Program: Access ...... 889

11 DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION—VEHICLE

OPERATIONS

Unified Truck Travel ........................................................ 890

13B MARYLAND HIGHER EDUCATION COMMISSION

FINANCIAL AID

Richard W. Collins III Leadership with Honor Scholarship

Program ......................................................................... 890

14 INDEPENDENT AGENCIES

WORKERS’ COMPENSATION COMMISSION

General Administrative .................................................... 890

Requirements for Filing and Amending Claims ............... 890

Hearing Procedures .......................................................... 890

Legal Representation and Fees ......................................... 890

Uninsured Employers’ Fund Claims ................................ 890

Payment of Awards and Assessments and Termination of

Benefits ......................................................................... 890

Vocational Rehabilitation ................................................. 890

Guide for Evaluation of Permanent Disability .................. 890

Settlements and Lump Sum Payments ............................. 890

Judicial Review Procedures .............................................. 890

Responsibilities of Insurers .............................................. 890

Individual Employer Self-Insurer ..................................... 890

Governmental Group Self-Insurance ................................ 890

Open Meetings ................................................................. 8 90

Public Information Act Requests ...................................... 890

Emergency Powers of Chairman of the Commission ....... 890

15 MARYLAND DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Cost Sharing — Water Pollution Control Program .......... 892

30 MARYLAND INSTITUTE FOR EMERGENCY

MEDICAL SERVICES SYSTEMS (MIEMSS)

DESIGNATION OF TRAUMA AND SPECIALTY

REFERRAL CENTERS

Designated Primary Stroke Center Standards ................... 892

Proposed Action on Regulations

02 OFFICE OF THE ATTORNEY GENERAL

GENERAL REGULATIONS

Public Information Act Requests ...................................... 893

Correction or Amendment of Public Records ................... 893

03 COMPTROLLER OF THE TREASURY

DIGITAL ADVERTISING TAX

General Regulations ......................................................... 896