Issue Date: July 1, 2011

Issue Date: July 1, 2011

Volume 38 • Issue 14 • Pages 775—874

IN THIS ISSUE Governor Judiciary Regulations Errata Special Documents General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before June 13, 2011, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of June 13, 2011.

Brian Morris Acting Administrator, Division of State Documents

Office of the Secretary of State

Information About the Maryland Register and COMAR MARYLAND REGISTER

The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly. The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register. The following information is also published regularly in the Register: • 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

Contents 777

MARYLAND REGISTER, VOLUME 38, ISSUE 14, FRIDAY, JULY 1, 2011

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

Maryland Register ..................................................................... 778

COMAR Research Aids Table of Pending Proposals ........................................................... 780

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

03 Comptroller of the Treasury .............................................. 787 08 Department of Natural Resources ............................. 787, 791 09 Department of Labor, Licensing, and Regulation 787, 789, 793 10 Department of Health and Mental Hygiene .............. 790, 800 13A State Board of Education .......................................... 790, 814 13B Maryland Higher Education Commission ................. 788, 815 15 Department of Agriculture ................................ 788, 790, 817 22 State Retirement and Pension System................................ 818 26 Department of the Environment ........................................ 820

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 01.01.2011.11................................... 782

The Judiciary ADMINISTRATIVE OFFICE OF THE COURTS

FY13 JURISDICTIONAL GRANT NOFA ANNOUNCEMENT....................................................... 784

COURT OF APPEALS OF MARYLAND DISCIPLINARY PROCEEDINGS ................................... 784 RULES ORDER ................................................................ 784 RULES ORDER ................................................................ 785

Emergency Action on Regulations 03 COMPTROLLER OF THE TREASURY

SALES AND USE TAX Sales and Use Tax.............................................................. 787

08 DEPARTMENT OF NATURAL RESOURCES FISHERIES SERVICE

Fish .................................................................................... 787 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

COMMISSIONER OF FINANCIAL REGULATION Foreclosure Procedures for Residential Property ............... 787

13B MARYLAND HIGHER EDUCATION COMMISSION ACADEMIC REGULATIONS

Requirements for Authorization of Out-of-State Degree-Granting Institutions to Operate in Maryland........ 788 Minimum Requirements for In-State Degree-Granting Institutions ...................................................................... 788 Academic Programs — Degree-Granting Institutions ....... 788 Exemption Procedures for Religious Educational Institutions and Religious Institutions ............................................... 788

15 DEPARTMENT OF AGRICULTURE MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION

Corrective Agricultural Land Preservation Easements ...... 788 Agricultural Subdivision ................................................... 788

Final Action on Regulations 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

BOARD FOR PROFESSIONAL ENGINEERS Fees ................................................................................... 789 Continuing Professional Competency Requirements ........ 789

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE BOARD OF NURSING

Practice of the Nurse Practitioner ...................................... 790 13A STATE BOARD OF EDUCATION

GENERAL Graduation Requirements for Public High Schools in Maryland ........................................................................ 790

15 DEPARTMENT OF AGRICULTURE BOARD OF VETERINARY MEDICAL EXAMINERS

Qualifications for Licensure, by Examination, as a Veterinarian.................................................................... 790

Proposed Action on Regulations 08 DEPARTMENT OF NATURAL RESOURCES

WILDLIFE Forest Wildlife................................................................... 791

BOATING — SPEED LIMITS AND OPERATION OF VESSELS

Middle River ..................................................................... 792 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

COMMISSIONER OF FINANCIAL REGULATION State Collection Agency Licensing Board — Fees ............ 793

DIVISION OF LABOR AND INDUSTRY Tree Care and Removal ..................................................... 794

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE PROCEDURES

Fair Hearing Appeals Under the Maryland State Medical Assistance Program ........................................................ 800

MEDICAL CARE PROGRAMS Medical Assistance Eligibility........................................... 800 Nursing Facility Services .................................................. 802

BOARD OF PHYSICIANS Delegation of Duties by a Licensed Physician—Physician Assistant ......................................................................... 803

BOARD OF DENTAL EXAMINERS Record Keeping................................................................. 812

13A STATE BOARD OF EDUCATION STATE SCHOOL ADMINISTRATION

State Superintendent of Schools ........................................ 814 CERTIFICATION

Teachers ............................................................................ 815 13B MARYLAND HIGHER EDUCATION COMMISSION

ACADEMIC REGULATIONS Requirements for Authorization of Out-of-State Degree-Granting Institutions to Operate in Maryland ...................................... 815 Minimum Requirements for In-State Degree-Granting Institutions ............................................................................. 815 Academic Programs — Degree-Granting Institutions ............ 815

Contents 778


Exemption Procedures for Religious Educational Institutions and Religious Institutions............................................................. 815

15 DEPARTMENT OF AGRICULTURE MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION

Guidelines for the Maryland Agricultural Land Preservation Foundation...................................................................... 817

22 STATE RETIREMENT AND PENSION SYSTEM GENERAL REGULATIONS

Applications for Service Retirement.................................. 818 COMPLIANCE WITH THE INTERNAL REVENUE CODE

Code Compliance .............................................................. 819 26 DEPARTMENT OF THE ENVIRONMENT

RADIATION MANAGEMENT Radiation Protection .......................................................... 820

Errata COMAR 10.27.07.05............................................................. 821 COMAR 10.43.17.02............................................................. 821 COMAR 10.43.19.03............................................................. 821 COMAR 26.11.02.01............................................................. 821 COMAR 26.11.13.03A.......................................................... 821 COMAR 26.11.13.04A.......................................................... 821 COMAR 26.11.13.05A.......................................................... 821 COMAR 26.11.19.26C.......................................................... 821

Special Documents DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD Official Handgun Roster................................................ 822

DEPARTMENT OF TRANSPORTATION NOTICE FOR PUBLIC COMMENT................................ 869

General Notices BOARD OF ACUPUNCTURE

Public Hearing on Regulations .......................................... 871 ATHLETIC COMMISSION

Public Meeting................................................................... 871 ADVISORY COUNCIL ON CEMETERY OPERATIONS

Public Meeting................................................................... 871 BOARD FOR THE CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM ADMINISTRATORS

Public Meeting................................................................... 871 Standards Examination ...................................................... 871

BOARD OF COSMETOLOGISTS Public Meeting................................................................... 871

GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION

Public Meeting................................................................... 871 BOARD OF DIETETIC PRACTICE

Public Meeting................................................................... 871 MARYLAND STATE BOARD OF EDUCATION

Public Meeting................................................................... 871 EMERGENCY MEDICAL SERVICES BOARD

Public Meeting................................................................... 871 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Public Meeting................................................................... 871 Public Meeting................................................................... 871

BOARD FOR PROFESSIONAL ENGINEERS Public Meeting ...................................................................871

BOARD OF ENVIRONMENTAL SANITARIANS Public Meeting .................................................................. 872

BOARD OF FORESTERS Public Meeting .................................................................. 872

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/MENTAL HYGIENE ADMINISTRATION

Availability of State Mental Health Plan for Citizen Review ........................................................................... 872

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/ MARYLAND BOARD OF PHYSICIANS

Public Meeting .................................................................. 872 BOARD OF HEATING, VENTILATION, AIR- CONDITIONING, AND REFRIGERATION CONTRACTORS (HVACR)

Public Meeting .................................................................. 872 Public Meeting .................................................................. 872

HOME IMPROVEMENT COMMISSION Public Meeting .................................................................. 872

DEPARTMENT OF HUMAN RESOURCES Public Meeting .................................................................. 872

COMMISSION ON KIDNEY DISEASE Public Meeting .................................................................. 872

DEPARTMENT OF LABOR, LICENSING, AND REGULATION/DIVISION OF LABOR AND INDUSTRY/MARYLAND APPRENTICE

Public Meeting .................................................................. 872 COMMISSIONER OF LAND PATENTS

Notice of Warrant to Survey.............................................. 872 MARYLAND STATE LOTTERY COMMISSION

Public Meeting .................................................................. 873 MARYLAND HEALTH CARE COMMISSION

Public Meeting .................................................................. 873 MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEE

Public Meeting .................................................................. 873 BOARD OF MORTICIANS AND FUNERAL DIRECTORS

Public Meeting .................................................................. 873 BOARD OF EXAMINERS IN OPTOMETRY

Public Meeting .................................................................. 873 BOARD OF PLUMBING

Public Meeting .................................................................. 873 BOARD OF PODIATRIC MEDICAL EXAMINERS

Public Meeting .................................................................. 873 Public Meeting .................................................................. 873 Public Meeting .................................................................. 873 Public Meeting .................................................................. 873 Public Meeting .................................................................. 873

BOARD OF PUBLIC ACCOUNTANCY Public Meeting .................................................................. 873

RACING COMMISSION Public Meeting .................................................................. 873

RETIREMENT AND PENSION SYSTEM - BOARD OF TRUSTEES

Public Meeting .................................................................. 873 MARYLAND TRANSPORTATION AUTHORITY

Public Meeting .................................................................. 874 WORKERS’ COMPENSATION COMMISSION

Public Meeting .................................................................. 874

Contents 779


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 27, 2012

Issue Date

Emergency and Proposed Regulations

5:00 p.m.

Final Regulations 10:30 a.m.

Notices, etc. 10:30 a.m.

July 15 June 27 July 6 July 1 July 29** July 11 July 20 July 18 August 12 July 25 August 3 August 1 August 26 August 8 August 17 August 15 September 9** August 22 August 30 August 26 September 23** September 2 September 14 September 12 October 7 September 19 September 28 September 26 October 21** October 3 October 12 October 7 November 4 October 17 October 26 October 24 November 18** October 31 November 8 November 4 December 2** November 14 November 18 November 16 December 16 November 28 December 7 December 5 December 30 December 12 December 21 December 19 January 13** December 23 January 4 December 30 January 27 January 9 January 18 January 16

* Due date for documents containing 8 to 18 pages—48 hours before date shown Due date for documents exceeding 18 pages—1 week before date shown NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE REVISED PAGE COUNTS REFLECT THIS FORMATTING REQUIREMENT. ** 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/

780


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 03.02.06.01—.04 • 37:3 Md. R. 181 (1-29-10) 03.06.01.44 • 38:13 Md. R. 758 (6-17-11)

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

05.05.07.01—.31 • 37:20 Md. R. 1398 (09-24-10)

07 DEPARTMENT OF HUMAN RESOURCES

07.02.13.04 • 38:13 Md. R. 759 (6-17-11)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.05.12 • 38:12 Md. R. 710 (6-3-11) 08.02.05.21 • 38:13 Md. R. 759 (6-17-11) 08.02.05.29 • 38:13 Md. R. 760 (6-17-11) 08.02.15.04 • 38:12 Md. R. 711 (6-3-11) 08.03.04.22 •38:14 Md. R. 791 (7-1-11) 08.18.14.05 •38:14 Md. R. 792 (7-1-11) 08.18.20.04 • 38:3 Md. R. 175 (1-28-11)

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

09.03.13.01,.02 •38:14 Md. R. 793 (7-1-11) 09.12.28.01—.07 •38:14 Md. R. 794 (7-1-11) (ibr) 09.12.81.01 • 38:11 Md. R. 673 (5-20-11) 09.15.02.12 •37:23 Md. R. 1614 (11-5-10) 09.20.04.01,.02 • 37:4 Md. R. 346 (2-12-10) 38:3 Md. R. 176 (1-28-11) 09.38.01.01—.04 • 38:3 Md. R. 178 (1-28-11)

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitles 01 — 08 (1st Volume) 10.01.04.01—.11 • 38:3 Md. R. 180 (1-28-11) 38:14 Md. R. 800 (7-1-11) 10.07.05.01—.28 • 38:4 Md. R. 269 (2-11-11) Subtitle 09 (2nd Volume) 10.09.04.01,.03 • 38:9 Md. R. 555 (4-22-11) 10.09.06.01,.03,.09 • 38:7 Md. R. 435 (3-25-11) 10.09.10.01,.03,.15 •38:14 Md. R. 802 (7-1-11) 10.09.24.13 • 38:3 Md. R. 180 (1-28-11) 38:14 Md. R. 800 (7-1-11) 10.09.65.20 • 38:7 Md. R. 437 (3-25-11) 10.09.81.01—.07 • 37:20 Md. R. 1409 (09-24-10) Subtitles 10 — 22 (3rd Volume) 10.10.01.03 • 37:25 Md. R. 1745 (12-3-10) 10.10.03.02 • 37:25 Md. R. 1745 (12-3-10) 10.10.06.02 • 37:25 Md. R. 1745 (12-3-10) 10.13.02.01—.06 • 38:12 Md. R. 712 (6-3-11) 10.15.07.02,.04,.06 • 38:13 Md. R. 761 (6-17-11) Subtitles 23 — 36 (4th Volume) 10.25.11.01 • 38:12 Md. R. 715 (6-3-11) 10.27.11.02,.04,.05 •37:21 Md. R. 1456 (10-8-10) 10.32.03..01—.16 •38:14 Md. R. 803 (7-1-11) 10.34.03.01—.18 • 38:12 Md. R. 716 (6-3-11) 10.34.28.01,.02,.04—.12 • 36:25 Md. R. 1965 (12-4-09) 10.34.28.01,.02,.04—.14 • 38:2 Md. R. 93 (1-14-11) 10.36.09.01—.05 • 38:10 Md. R. 620 (5-6-11)

PENDING PROPOSALS

781


Subtitles 37—59 (5th Volume) 10.37.07.01—.07 • 38:12 Md. R. 722 (6-3-11) 10.41.03.06 • 38:11 Md. R. 674 (5-20-11) 10.44.21.01,.02,.04,.05,.10,.11 • 38:11 Md. R. 674 (5-20-11) 10.44.30.01—.05 •38:14 Md. R. 812 (7-1-11) 10.58.12.01—.08 • 38:11 Md. R. 676 (5-20-11)

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

12.02.28.01—.23 • 37:24 Md. R. 1674 (11-19-10) 12.04.01.02 • 38:9 Md. R. 556 (4-22-11) 12.06.01.01—.21 • 38:1 Md. R. 36 (1-3-11) 12.06.02.01—.14 • 38:1 Md. R. 36 (1-3-11)

13A STATE BOARD OF EDUCATION 13A.01.02.05 •38:14 Md. R. 814 (7-1-11) 13A.06.01.01—.03 • 38:12 Md. R. 723 (6-3-11) 13A.07.01.04—.07,.09 • 38:11 Md. R. 679 (5-20-11) 13A.07.04.01.,01-1,.05,.06 •37:16 Md. R. 1082 (7-30-10) (ibr) 13A.12.02.27 •38:14 Md. R. 815 (7-1-11)

13B MARYLAND HIGHER EDUCATION COMMISSION 13B.02.01.04,.05,.07,.08 •38:14 Md. R. 815 (7-1-11) 13B.02.02.04,.06 •38:14 Md. R. 815 (7-1-11) 13B.02.03.02-1 •38:14 Md. R. 815 (7-1-11) 13B.02.04.03 •38:14 Md. R. 815 (7-1-11)

14 INDEPENDENT AGENCIES 14.01.10.03 • 38:10 Md. R. 622 (5-6-11) 14.01.13.02 • 38:13 Md. R. 762 (6-17-11) 14.09.01.01,.19 • 38:1 Md. R. 57 (1-3-11) 14.09.03.01,.04,.09 • 38:3 Md. R. 207 (1-28-11) 14.32.05.02 •37:1 Md. R. 33 (1-4-10) 37:15 Md. R. 1020 (7-16-10)

15 DEPARTMENT OF AGRICULTURE

15.15.01.01-2,.17 •38:14 Md. R. 817 (7-1-11) 15.15.11.01—.05 • 38:12 Md. R. 725 (6-3-11) 15.15.12.01—.07 • 38:12 Md. R. 727 (6-3-11)

19A STATE ETHICS COMMISSION

19A.01.01.02,.04 • 38:8 Md. R. 525 (4-8-11) 19A.01.02.04 • 38:8 Md. R. 525 (4-8-11) 19A.01.03.11 • 38:8 Md. R. 526 (4-8-11) 19A.03.03.01,.02 • 38:8 Md. R. 525 (4-8-11)

20 PUBLIC SERVICE COMMISSION

20.50.01.03,.05 • 38:5 Md. R. 332 (2-25-11) 20.50.10.01—.08 • 38:5 Md. R. 332 (2-25-11)

21 STATE PROCUREMENT REGULATIONS

21.05.08.07 • 38:10 Md. R. 624 (5-6-11) 21.07.01.25 • 38:10 Md. R. 624 (5-6-11)

TITLE 22 STATE RETIREMENT AND PENSION SYSTEM

22.01.14.01—.03 •38:14 Md. R. 818 (7-1-11) 22.07.02.04 •38:14 Md. R. 819 (7-1-11)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 08 — 12 (Part 2) 26.11.01.10,.11 • 38:2 Md. R. 104 (1-14-11) 38:9 Md. R. 561 (4-22-11) 26.11.02.01 •38:14 Md. R. 821 (7-1-11) (err) 26.11.02.01,.10,.13 • 38:9 Md. R. 562 (4-22-11) 26.11.09.01,.02,.10 • 38:2 Md. R. 112 (1-14-11) 26.11.09.01,.05 • 38:2 Md. R. 104 (1-14-11) 26.11.19.11 • 38:9 Md. R. 565 (4-22-11) 26.12.01.01 •38:14 Md. R. 820 (7-1-11) (ibr) Subtitles 13—18 (Part 3) 26.17.01.01 • 37:19 Md. R. 1329 (9-10-10) (err) 26.17.01.01—.11 • 37:18 Md. R. 1244 (8-27-10) (ibr) 26.17.01.09 • 37:19 Md. R. 1329 (9-10-10) (err)

29 MARYLAND STATE POLICE 29.06.06.01—.07 • 36:20 Md. R. 1554 (9-25-09)

31 MARYLAND INSURANCE ADMINISTRATION

31.10.41.01—.07 • 38:12 Md. R. 730 (6-3-11)

33 STATE BOARD OF ELECTIONS 33.16.02.01 • 38:12 Md. R. 732 (6-3-11) 33.17.02.01 • 38:12 Md. R. 733 (6-3-11) 33.17.04.03 • 38:12 Md. R. 733 (6-3-11) 33.17.07.04 • 38:12 Md. R. 733 (6-3-11)

34 DEPARTMENT OF PLANNING

34.05.01.01—.04 • 38:6 Md. R. 401 (3-11-11)

782


The GovernorEXECUTIVE ORDER 01.01.2011.11

The Marcellus Shale Safe Drilling Initiative

WHEREAS, The Marcellus shale formation underlies portions of Western Maryland and may contain significant amounts of natural gas; WHEREAS, The production of natural gas could advance the cause of energy independence for the United States; WHEREAS, When burned to produce electricity, natural gas produces lower greenhouse gas emissions than oil and coal, helping to reduce the impact of energy usage as we transition to more renewable energy sources; WHEREAS, The exploration for and production of natural gas could boost economic development in Maryland, particularly in Garrett and Allegany Counties; WHEREAS, The production of natural gas from the Marcellus shale involves very deep wells with long horizontal sections and a process called hydraulic fracturing; WHEREAS, Advances in technology, along with economic and energy policy developments, have spurred a dramatic growth in the use of hydraulic fracturing across a wide range of geographic regions and geologic formations in the United States; WHEREAS, As the use of hydraulic fracturing has increased, so have concerns about its potential impact on public health, safety, the environment and natural resources; WHEREAS, Exploration for and production of natural gas from the Marcellus shale in nearby states have resulted in injuries, well blowouts, releases of fracturing fluids, releases of methane, spills, fires, forest fragmentation, damage to roads, and evidence of contamination of ground water and surface water; WHEREAS, Applications have been filed for permits to produce gas from the Marcellus shale in Maryland using horizontal drilling and hydraulic fracturing, but no permits have yet been issued; WHEREAS, Section 14-110 of the Environment Article of the Maryland Code permits the Department of the Environment to place in a permit conditions that the Department deems reasonable and appropriate to assure that the operation shall not only fully comply with the requirements of the law, but also provide for public safety and the protection of the State’s natural resources; WHEREAS, Other states have or are in the process of reevaluating their regulatory programs for gas production or assessing the environmental impacts of gas development from the Marcellus shale; WHEREAS, Congress directed the United States Environmental Protection Agency (EPA) to conduct research to examine the relationship between hydraulic fracturing and drinking water resources; WHEREAS, EPA expects to publish an interim report of results from the EPA Study in December 2012 and provide additional results in a 2014 report;

WHEREAS, The plan for the EPA Study does not address air quality concerns, greenhouse gas emissions from gas wells, seismic risks, public safety concerns or impacts to terrestrial and aquatic ecosystems; WHEREAS, Other federal agencies, including the Department of the Interior and the Department of Energy, have been investigating hydraulic fracturing; WHEREAS, Research on Marcellus Shale, both academic and applied, is currently underway across the Mid-Atlantic region focused on natural resources, wildlife, community and economic implications and production technologies; and WHEREAS, There is a need for sound scientific knowledge about the effects of gas exploration and production in the Marcellus shale; 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. Established. There is a Marcellus Shale Safe Drilling Initiative. The initiative will be administered jointly by the Maryland Department of the Environment and the Department of Natural Resources. B. Definitions. For the purpose of this Executive Order: (1) “Best practices” means methods and techniques that have consistently shown results superior to those achieved by other means, and which are used as benchmarks. (2) “Departments” means the Department of the Environment and the Department of Natural Resources. (3) “EPA Hydraulic Fracturing Research Study” or “EPA Study” means the study by the Office of Research and Development at the U.S. Environmental Protection Agency on the relationship between hydraulic fracturing and drinking water that may be developed and implemented beginning in 2011, with initial research products available by the end of 2012 with an additional report in 2014. (4) “Flow Back” means the fracturing fluids that return to the surface after a hydraulic fracture is completed. (5) “Fracturing Fluids” means a mixture of water or other fluid, proppant, and additives used to hydraulically induce cracks in a geologic formation. (6) “Hydraulic Fracturing” means injecting fracturing fluids into a target formation at a force exceeding the parting pressure of the rock, inducing fractures through which oil or natural gas can flow to the wellbore. (7) “Marcellus Shale” means a Middle Devonian-age black, low density, carbonaceous shale that occurs in the subsurface beneath much of Ohio, West Virginia, Pennsylvania and New York. Small areas of Maryland, Kentucky, Tennessee, and Virginia are also underlain by the Marcellus Shale. In Maryland, the Marcellus Shale underlies parts of Garrett, Allegany and Washington Counties. C. Purpose. The Marcellus Shale Safe Drilling Initiative will assist State policymakers and regulators in determining whether and how gas production from the Marcellus Shale in Maryland can be accomplished without unacceptable risks of adverse impacts to public health, safety, the environment and natural resources.

THE GOVERNOR 783


D. The Advisory Commission. (1) The Secretaries of the Departments shall designate members of an Advisory Commission that shall include: (a) Two representatives from local government in the western Maryland region; (b) An expert on geology or natural gas production from a college or university; (c) A representative of a company in the gas industry; (d) A representative of an environmental organization; (e) A representative of a business in the western Maryland region; (f) A private citizen who resides in the western Maryland region, and (g) Any other governmental agency representatives or other persons the Secretaries of the Departments jointly determine to be necessary. (2) The Secretaries of the Departments shall jointly designate a Chair of the Advisory Commission. (3) The Departments shall provide staff support to the Advisory Commission. (4) The Advisory Commission shall meet within 60 days of the effective date of this Executive Order. (5) The Advisory Committee shall terminate on May 1, 2015. E. Initial Task. (1) The Departments, in consultation with the Advisory Commission, shall initially investigate the desirability of enacting State legislation to establish: (a) One or more sources of revenue, such as a State–level severance tax or other assessment, to fund State activities relating to hydraulic fracturing, including impact assessments, research, broad-area monitoring, remediation where no liable entity can be identified, and other State purposes; and (b) Standards of liability for damages caused by gas exploration and production. (2) On or before December 31, 2011, the Departments, in consultation with the Advisory Commission, shall report their findings and recommendations on this initial task to the Governor, the Speaker of the House, and the President of the Senate in accordance with Section 2-1246 of the State Government Article. F. The Study. (1) The Departments, in consultation with the Advisory Commission, shall undertake a study of the extraction of natural gas from shale formations in the State, including the Marcellus Shale formation (Study). (2) In planning and conducting the Study, the Departments shall consult with the Advisory Commission and, as appropriate, other State agencies, other states in the region, and federal agencies. (3) The Study shall include a review of the results, to the extent they are available, of the EPA Study, environmental impact statements of the state of New York, the Delaware River Basin Commission, and other studies of potential impacts to the public health, safety, the environment or natural resources. (4) The Study shall address the short-term, long-term and cumulative effects of natural gas exploration and production in the Marcellus Shale, best practices, and appropriate changes, if any, to the laws or regulations concerning oil and gas; including the following: (a) The risk of contamination of groundwater and surface water by fracturing fluids and gas; (b) The risks of contamination of, or negative impacts to, water and other natural resources from the transportation, storage, and handling of liquids, including fracturing fluids; (c) The risks of contamination or negative impacts to water and other natural resources from the handling and disposal of flow back and other wastewater and wastes;

(d) The water resources required to support hydraulic fracturing activities and the availability of water resources to meet that need; (e) Forest and habitat fragmentation and other environmental impacts due to the construction of drilling platforms, gathering lines, transmission pipelines, and other necessary infrastructure; (f) Well spacing; (g) Greenhouse gas emissions from exploration wells, production wells and transmission lines; (h) The risks of traffic accidents and damage to roads and bridges from truck traffic related to drilling operations; (i) Impacts to local land use patterns and the character of rural areas and towns; (j) The capabilities of local emergency response agencies and the need for additional training; (k) Impacts to State resource and recreation lands; (l) The projected positive and negative economic impact of hydraulic fracturing activities to the region and the State; (m) Methods for disposal of flow back and other wastewater and wastes containing radioactive materials; (n) The appropriate type and amount of insurance and bonding; (o) The appropriate scope of the environmental assessment required before permit issuance; (p) Best practices for all aspects of gas exploration and production in the Marcellus Shale in Maryland; (q) Appropriate changes, if any, to the laws or regulations concerning oil and gas; and (r) Any other issues jointly agreed upon by the Secretaries of the Departments. (5) The Departments, in consultation with the Advisory Commission, shall prepare draft reports, solicit public comment, and issue final reports on the Study as follows: (a) No later than August 1, 2012, the Departments shall issue a report addressing, at a minimum, best practices for all aspects of gas exploration and production in the Marcellus Shale in Maryland. (b) No later than August 1, 2014, the Departments shall issue a report addressing the remainder of the Study topics.

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 6th Day of June, 2011.

MARTIN O’MALLEY Governor

ATTEST:

JOHN P. MCDONOUGH Secretary of State

[11-14-60]

784


The Judiciary

ADMINISTRATIVE OFFICE OF THE COURTS

FY13 JURISDICTIONAL GRANT NOFA ANNOUNCEMENT

The Notices of Funding Availability (NOFAs) for the FY13 Jurisdictional grants are now available on the Department of Family Administration’s Grants Page:

http://mdcourts.gov/family/grantadmin.html. Please be aware that the eligibility for this grant award is limited

to Maryland Circuit Courts or any governments administering Circuit Court Family Divisions or Family Services Programs in the State of Maryland.

Applicants are strongly urged to read the requirements of the NOFA, Grant Guidelines and Applications, thoroughly.

The deadline for electronic grant submissions is July 15th 2011.

[11-14-48]

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS This is to certify that by an Order of this Court dated June 13, 2011, STEVEN MARC ASSARAF, 10103 Sterling Terrace, Rockville, Maryland 20850, has been disbarred by consent from the further practice of law in this State and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 16-713).

* * * * * * * * * *

This is to certify that by an Order of this Court dated June 14, 2011, A. RYAN LAHUTI, 8720 Georgia Avenue, Suite 803, Silver Spring, Maryland 20901, has been disbarred by consent from the further practice of law in this State and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 16-713).

[11-14-58]

RULES ORDER

This Court’s Standing Committee on Rules of Practice and Procedure having submitted its One Hundred Sixty-Eighth Report to the Court recommending adoption of proposed new Rules 4-281, 4-332, 9-205.2, 12-701, 12-702, 12-703, 12-704 and proposed amendments to Rules 1-202, 1-311, 1-326, 1-351, 2-131, 2-221, 2-311, 2-331, 2-332, 3-131, 3-221, 3-331, 3-332, 4-247, 4-248, 4-251, 4-263, 4-314, 4-327, 4-403, 4-705, 4-706, 5-605, 6-208, 6-411, 6-416, 9-107, 9-202, 10-710, 13-201, 14-210, 15-306, 15-309, 15-901, 15-1103, 16-110, 16-204, 16-401, 16-808, 16-813, 16-815, 17-101, 17-105, and Rules 8.2 and 8.4 of the Maryland Lawyers’ Rules of Professional Conduct, all as set forth in that Report published in the Maryland Register, Vol. 38, Issue 8, pages 475 - 503 (April 8, 2011); and This Court having considered at open meetings, notice of which was posted as prescribed by law, all those proposed rules changes,

together with the comments received, and making certain amendments to the proposed rules changes on its own motion, it is this 7th day of June, 2011, ORDERED, by the Court of Appeals of Maryland, that new Rules 9-205.2, 12-701, 12-702, 12-703, and 12-704 be, and they are hereby, adopted in the form previously published; and it is further ORDERED that new Rule 4-281 be, and it is hereby, adopted in the form attached to this Order; and it is further ORDERED that amendments to Rules 1-202, 1-311, 1-326, 1-351, 2-131, 2-221, 2-311, 2-331 2-332, 3-131, 3-221, 3-331, 3-332, 4-247, 4-248, 4-251, 4-263, 4-314, 4-327, 4-403, 4-705, 4-706, 5-605, 6-208, 6-411, 6-416, 9-107, 9-202, 10-710, 13-201, 14-210, 15-206, 15-309, 15-901, 15-1103, 16-110, 16-204, 16-401, 16-808, 16-813, 16-815, 17-101, 17-105, and Rules 8.2 and 8.4 of the Maryland Lawyers’ Rules of Professional Conduct, be, and they are hereby, adopted in the form previously published; and it is further ORDERED that proposed new Rule 4-332 be, and it is hereby, remanded to the Standing Committee on Rules of Practice and Procedure for revision in light of discussion at the Court’s open meeting; and it is further ORDERED that the rules changes hereby adopted by this Court shall govern the courts of this State and all parties and their attorneys in all actions and proceedings, and shall take effect and apply to all actions commenced on or after July 1, 2011 and, insofar as practicable, to all actions then pending; and it is further ORDERED that a copy of this Order be published in the next issue of the Maryland Register.

Robert M. Bell * Glenn T. Harrell, Jr.

Lynne A. Battaglia Clayton Greene, Jr.

Joseph F. Murphy, Jr. Sally D. Adkins

Mary Ellen Barbera

* Judge Harrell does not sign as to Rule 4-281.

Filed: June 7, 2011 BESSIE M. DECKER

Clerk Court of Appeals of Maryland

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES CHAPTER 200 - PRETRIAL PROCEDURES

ADD new Rule 4-281, as follows: Rule 4-281. MOTION RELATING TO DEATH PENALTY NOTICE (a) Motion Upon completion of discovery, a defendant may move to preclude the State from filing a notice of intention to seek a sentence of death pursuant to Code, Criminal Law Article, §2-301 or to strike a notice already filed on the ground that the State has failed to produce in discovery evidence of an aggravating circumstance listed in Code, Criminal Law Article, §2-303 (g), or one of the following: (1) biological evidence or DNA evidence that links the defendant to the act of murder; (2) a video taped voluntary interrogation and confession of the defendant to the murder; or (3) a video recording that conclusively links the defendant to the

THE JUDICIARY 785


murder. (b) Order After an opportunity for a hearing, the court shall promptly rule on the motion and enter an order. Source: This Rule is new.

[11-14-42]

RULES ORDER

This Court’s Standing Committee on Rules of Practice and Procedure having submitted its One Hundred Sixty-Eighth Report to the Court recommending, in part, adoption of proposed amendments to Rule 4-312, as set forth in that Report published in the Maryland Register, Vol. 38, Issue 8, pages 475 - 503 (April 8, 2011); and This Court having considered at open meetings, notice of which was posted as prescribed by law, the proposed amendments, together with the comments received, it is this 7th day of June, 2011, ORDERED that amendments to Rule 4-312, be, and it is hereby, adopted in the form previously published; and it is further ORDERED that the rules changes hereby adopted by this Court shall govern the courts of this State and all parties and their attorneys in all actions and proceedings, and shall take effect and apply to all actions commenced on or after September 1, 2011 and, insofar as practicable, to all actions then pending; and it is further ORDERED that a copy of this Order be published in the next issue of the Maryland Register.

Glenn T. Harrell, Jr. Lynne A. Battaglia Clayton Greene, Jr.

Joseph F. Murphy, Jr. Sally D. Adkins

Mary Ellen Barbera

* Chief Judge Bell has declined to sign the Rules Order.

Filed: June 7, 2011 BESSIE M. DECKER

Clerk Court of Appeals of Maryland

MARYLAND RULES OF PROCEDURE

TITLE 4 - CRIMINAL CAUSES CHAPTER 300 - TRIAL AND SENTENCING

AMEND Rule 4-312 to require that jurors be addressed by number, to provide for nondisclosure of jurors’ names and their cities or towns of residence under certain circumstances, to correct a cross reference, to add a cross reference, to add three Committee notes, and to make stylistic changes, as follows: Rule 4-312. JURY SELECTION . . . (b) General Requirements (1) Uniform Method of Impaneling All individuals to be [impanelled] impaneled on the jury, including any alternates, shall be selected in the same manner, have the same qualifications, and be subject to the same examination. (2) Jurors Not to be Addressed by Name In any proceeding conducted in the courtroom or in chambers, a juror shall be referred to by juror number and not by name. Committee note: The judge should advise prospective jurors and remind impaneled jurors that (1) it is standard procedure for jurors to be referred to in open court only by juror number and not by name, and (2) they may disclose their names to each other if they wish and, when not in open court, refer to each other by name, but they may not specifically disclose the names

of other jurors to anyone else unless authorized by the judge. (c) Jury List (1) Contents Subject to section (d) of this Rule, [Before] before the examination of qualified jurors, each party shall be provided with a list that includes each juror’s name, [address] city or town of residence, zip code, age, [sex] gender, education, occupation, and spouse’s occupation[, and any other information required by Rule]. Unless the trial judge orders otherwise, [the address shall be limited to the city or town and zip code and shall not include] the juror’s street address or box number shall not be provided. (2) Dissemination (A) Allowed A party may provide the jury list to any person employed by the party to assist in jury selection. With permission of the trial judge, the list may be disseminated to other individuals such as the courtroom clerk or court reporter for use in carrying out official duties. (B) Prohibited Unless the trial judge orders otherwise, a party and any other person to whom the jury list is provided in accordance with subsection (c)(2)(A) of this Rule may not disseminate the list or the information contained on the list to any other person. (3) Not Part of the Case Record; Exception Unless the court orders otherwise, copies of jury lists shall be returned to the jury commissioner. Unless marked for identification and offered in evidence pursuant to Rule 4-322, a jury list is not part of the case record. Cross reference: See [Rule 16-1009 concerning motions to seal or limit inspection of a case record] Rule 16-1004 (b)(2)(B) concerning disclosure of juror information by a custodian of court records. (d) Nondisclosure of Names and City or Town of Residence (1) Finding by the Court If the court finds from clear and convincing evidence or information, after affording the parties an opportunity to be heard, that disclosure of the names or the city or town of residence of prospective jurors will create a substantial danger that (i) the safety and security of one or more jurors will likely be imperiled, or (ii) one or more jurors will likely be subjected to coercion, inducement, other improper influence, or undue harassment, the court may enter an order as provided in subsection (d)(2) of this Rule. A finding under this section shall be in writing or on the record and shall state the basis for the finding. (2) Order Upon the finding required by subsection (d)(1) of this Rule, the court may order that: (A) the name and, except for prospective jurors residing in Baltimore City, the city or town of residence of prospective jurors not be disclosed in voir dire; and (B) the name and, except for jurors residing in Baltimore City, the city or town of residence of impaneled jurors not be disclosed (i) until the jury is discharged following completion of the trial, (ii) for a limited period of time following completion of the trial, or (iii) at any time. Committee note: Nondisclosure of the city or town in which a juror resides is in recognition of the fact that some counties have incorporated cities or towns, the disclosure of which, when coupled with other information on the jury list, may easily lead to discovery of the juror’s actual residence. The exception for Baltimore City is to take account of the fact that Baltimore City is both an incorporated city and the equivalent of a county, and because persons are not eligible to serve as jurors in the Circuit Court for Baltimore City unless they reside in that city, their residence there is necessarily assumed. Cross reference: See Rule 16-1004 (b)(2)(B). (3) Extent of Nondisclosure An order entered under this section may direct that the

THE JUDICIARY 786


information not be disclosed to (A) anyone other than the judge and counsel; (B) anyone other than the judge, counsel, and the defendant; or (C) anyone other than the judge, counsel, the defendant, and other persons specified in the order. If the court permits disclosure to counsel but not the defendant, the court shall direct counsel not to disclose the information to the defendant, except pursuant to further order of the court. (4) Modification of Order The court may modify the order to restrict or allow disclosure of juror information at any time. Committee note: Restrictions on the disclosure of the names and city or town of residence of jurors should be reserved for those cases raising special and legitimate concerns of jury safety, tampering, or undue harassment. See United States v. Deitz, 577 F.3rd 672 (6th Cir. 2009); United States v. Quinones, 511 F.3d 289 (2nd Cir. 2007). When dealing with the issues of juror security or tampering, courts have considered a mix of five factors in deciding whether such information may be shielded: (1) the defendant’s involvement in organized crime, (2) the defendant’s participation in a group with the capacity to harm jurors, (3) the defendant’s past attempts to interfere with the judicial process, (4) the potential that, if convicted, the defendant will suffer a lengthy incarceration, and (5) extensive publicity that could enhance the possibility that jurors’ names would become public and expose them to intimidation or harassment. See United States v. Ochoa-Vasquez, 428 F.3rd 1015 (11th Cir. 2005); United States v. Ross, 33 F.3rd 1507 (11th Cir. 1994). Although the possibility of a lengthy incarceration is a factor for the court to consider the court should not shield that information on that basis alone. In particularly high profile cases where strong public opinion about a pending case is evident, the prospect of undue harassment, not necessarily involving juror security or any deliberate attempt at tampering, may also be of concern. [(d)] (e) Examination and Challenges for Cause (1) Examination The trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after considering questions proposed by the parties. If the judge conducts the examination, the judge may permit the parties to supplement the examination by further inquiry or may submit to the jurors additional questions proposed by the parties. The jurors’ responses to any examination shall be under oath. On request of any party, the judge shall direct the clerk to call the roll of the array and to request each qualified juror to stand and be identified when called. (2) Challenges for Cause A party may challenge an individual qualified juror for cause. A challenge for cause shall be made and determined before the jury is sworn, or thereafter for good cause shown. [(e)] (f) Peremptory Challenges Before the exercise of peremptory challenges, the trial judge shall designate those individuals on the jury list who remain qualified after examination. The number designated shall be sufficient to provide the required number of sworn jurors, including any alternates, after allowing for the exercise of peremptory challenges pursuant to Rule 4-313. The judge shall at the same time prescribe the order to be followed in selecting individuals from the list. [(f)] (g) [Impanelled] Impaneled Jury (1) [Impanelling] Impaneling The individuals to be [impanelled] impaneled as sworn jurors, including any alternates, shall be called from the qualified jurors remaining on the jury list in the order previously designated by the trial judge and shall be sworn. (2) Oath; Functions, Powers, Facilities, and Privileges All sworn jurors, including any alternates, shall take the same oath and, until discharged from jury service, have the same functions, powers, facilities, and privileges. (3) Discharge of Jury Member At any time before the jury retires to consider its verdict, the trial judge may replace any jury member whom the trial judge finds to be unable or disqualified to perform jury service with an alternate in the order of selection set under section (e). When the jury retires

to consider its verdict, the trial judge shall discharge any remaining alternates who did not replace another jury member. [(g)] (h) Foreperson The trial judge shall designate a sworn juror as foreperson. Source: This Rule is derived as follows: Section (a) is in part derived from former Rule 754 a and in part new. Section (b) is derived from former Rule 751 b. Section (c) is new. Section (d) is new. Section [(d)] (e) is derived from former Rule 752 and 754 b. Section [(e)] (f) is derived from former Rule 753. Section [(f)] (g) is new. Section [(g)] (h) is derived from former Rule 751 d.

[11-14-43]

787


Emergency Action on Regulations Symbol Key

• Roman type indicates text existing before emergency status was granted. • Italic type indicates new text. • [Single brackets] indicate deleted text.

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

Title 03 COMPTROLLER OF THE

TREASURY Subtitle 06 SALES AND USE TAX

03.06.01 Sales and Use Tax Authority: Tax-General Article, §§11-102 and 11-226, Annotated Code of

Maryland

Notice of Extension of Emergency Status [11-092-E-1]

The Joint Committee on Administrative, Executive, and Legislative Review has granted an extension of emergency status to amendments to Regulation .44 under COMAR 03.06.01 Sales and Use Tax.

Emergency status has been extended to: December 6, 2011. Emergency action was published in: 38:4 Md. R. 261

(February 11, 2011).

PETER FRANCHOT Comptroller of the Treasury

Title 08 DEPARTMENT OF NATURAL

RESOURCES Subtitle 02 FISHERIES SERVICE

08.02.05 Fish Authority: Natural Resources Article, §4-215, Annotated Code of Maryland

Notice of Emergency Action [11-156-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulation .21 under COMAR 08.02.05 Fish.

Emergency status began: June 8, 2011. Emergency status expires: December 5, 2011.

Editor’s Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 38:13 Md. R. 759—760 (June 17, 2011), referenced as [11-156-P].

JOHN R. GRIFFIN Secretary of Natural Resources

Title 09 DEPARTMENT OF LABOR,

LICENSING, AND REGULATION

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.12 Foreclosure Procedures for Residential Property Authority: Real Property Article, §7-105.1, Annotated Code of Maryland

Notice of Extension of Emergency Status [10-200-E-2]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .01 and .02, amendments to and the recodification of existing Regulation .03 to be Regulation .08, and new Regulations .03—07, .09, and .10 under COMAR 09.03.12 Foreclosure Procedures for Residential Property.

Emergency status has been extended to: November 24, 2011 Emergency status was previously extended in: 38:2 Md. R.

79 — 80 (January 14, 2011). Emergency action was published in: 37:15 Md. R 986 — 997

(July 16, 2010).

MARK A. KAUFMAN Commissioner of Financial Regulation

EMERGENCY ACTION ON REGULATIONS 788


Title 13B MARYLAND HIGHER

EDUCATION COMMISSION Subtitle 02 ACADEMIC

REGULATIONS Notice of Emergency Action

[11-159-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to

(1) Amendments to Regulations .04, .05, .07, and .08 under COMAR 13B.02.01 Requirements for Authorization of Out-of-State Degree-Granting Institutions to Operate in Maryland;

(2) Amendments to .04 and .06 under COMAR 13B.02.02 Minimum Requirements for In-State Degree-Granting Institutions;

(3) New Regulation .02-1 under COMAR 13B.02.03 Academic Programs — Degree-Granting Institutions; and

(4) Amendments to Regulation .03 under COMAR 13B.02.04 Exemption Procedures for Religious Educational Institutions and Religious Institutions.

Emergency status began: July 1, 2011. Emergency status expires: December 27, 2011.

Editor’s Note: The text of this document will not be printed here because it appears as a Notice of Proposed Action on pages 815—817 of this issue, referenced as [11-159-P].

ELISABETH A. SACHS Interim Secretary of Higher Education

Title 15 DEPARTMENT OF

AGRICULTURE Subtitle 15 MARYLAND

AGRICULTURAL LAND PRESERVATION FOUNDATION

15.15.11 Corrective Agricultural Land Preservation Easements

Authority: Agriculture Article, §§2-504, 2-509 and 2-513, Annotated Code of Maryland


The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to new Regulations .01—.05 under a new chapter, COMAR 15.15.11 Corrective Agricultural Land Preservation Easements.


Editor’s Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 38:12 Md. R. 725—727 (June 3, 2011), referenced as [11-150-P].

EARL F. HANCE Secretary of Agriculture

Subtitle 15 MARYLAND


15.15.12 Agricultural Subdivision Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of

Maryland


The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to new Regulations .01—.07 under a new chapter, COMAR 15.15.12 Agricultural Subdivision.


Editor’s Note: The text of this document will not be printed here because it appeared as a Notice of proposed Action in 38:12 Md. R. 727—729 (June 3, 2011), referenced as [11-141-P].


789


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.



Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS

09.23.04 Fees Authority: Business Regulation Article, §§2-106.1 and 2-106.2; Business

Occupations and Professions Article, §§14-101, 14-207 — 14-209, 14-306, 14-310 — 14-312, 14-314 — 14-316, and 14-320; Annotated Code of

Maryland

Notice of Final Action [11-114-F]

On June 9, 2011, the Board for Professional Engineers adopted amendments to Regulation .03 under COMAR 09.23.04 Fees. This action, which was proposed for adoption in 38:8 Md. R. 516—517 (April 8, 2011), has been adopted as proposed.

Effective Date: July 11, 2011.

HOWARD C. HARCLERODE Chairman

Board for Professional Engineers

Subtitle 23 BOARD FOR

PROFESSIONAL ENGINEERS 09.23.06 Continuing Professional Competency

Requirements Authority: Business Occupations and Professions Article, §14-314, Annotated

Code of Maryland


On June 9, 2011, the Board for Professional Engineers adopted new Regulations .01—.17 under new chapter, COMAR 09.23.06 Continuing Professional Competency Requirements. This action, which was proposed for adoption in 38:8 Md. R. 517—521 (April 8, 2011), has been adopted with the nonsubstantive changes shown below.


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:

Regulation .04A was amended to delete references to such factors as the duration of the programs, defined content areas, and qualifications of providers, in order to clarify the Board’s intent to include a broad range of educational offerings that are eligible to satisfy the criteria for qualifying programs.

Regulation .05A was amended to clarify the criteria applicable to sources of credit earned from publishing of engineering books, magazines, journals, professional proceedings, or other similar publications.

Regulation .07F was amended to clarify the Board’s intent to categorize credits earned from participation in technical and professional societies as Category B credits.

Regulation .08 B was amended to make it clear that those entities that are currently certified by pre-approved providers to provide CPC credits and PDH units are also considered to be pre-approved and do not have to seek a prior approval from the Board.

Regulation .13 was amended to clarify the parameters of the time period within which the CPC credits must be earned in the event of license reinstatement application.

.04 Programs. A. Programs shall meet at least the following criteria in order to

be considered qualifying programs: (1) Maintain and enhance professional competency of

professional engineers; and (2) Foster improvement, advancement, and extension of

professional skills and knowledge related to the practice of engineering[[;]].

[[(3) Be offered by providers as described in Regulation .08 of this chapter;

(4) Have a stated purpose and defined content area; (5) Be presented by presenters who are qualified in the defined

content area; and (6) Have a clearly stated duration.]]

B. — D. (proposed text unchanged)

.05 Sources of Credit. A. A licensee may earn PDH units by the following methods:

(1) Attendance and successful completion of [[the]] structured educational programs [[described in Regulation .04 of this chapter;]] in which the teaching methodology consists primarily of systematic presentation of subjects related to the practice of engineering, and which programs are:

(a) Offered by pre-approved or other authorized providers; (b) Have a stated purpose and defined content areas; and (c) Have a clearly stated duration;

(2) [[Publishing a paper or article on an engineering subject as identified in Regulation .04 of this chapter;]] Serving as a single or first author of an original paper on engineering subject matters published in magazines, journals, professional proceedings, or other similar publications intended for professional use and distribution;

(3) [[Publishing a book on an engineering subject;]] Serving as a single or first author of an original published book on engineering subject matters that exhibits excellence in scholarship and has a significant impact and influence on the direction of engineering;

FINAL ACTION ON REGULATIONS 790


(4) — (8) (proposed text unchanged) B. (proposed text unchanged)

.07 Determination of Credits. A. — E. (proposed text unchanged) F. Credit for participation in engineering, professional, or

technical societies as an officer or an active participant in a committee of the organization is equal to 1 PDH unit in Category B program. The credit is not considered earned until the end of each year of service is completed and is limited to 1 PDH unit regardless of the number of engineering, professional, or technical societies that a licensee may be serving at one time.

G. — I. (proposed text unchanged)

.08 Authorizations of Providers/Other Presenters. A. (proposed text unchanged) B. Providers’ Eligibility/Other Presenters.

(1) The following providers are considered to be preauthorized providers without any further action by the Board:

(a) — (e) (proposed text unchanged) (f) Entities that are currently certified as approved providers

of CPC credits and PDH units by pre-authorized providers; (g) Other entities that may from time to time become

[[preapproved]] approved by the Board. (2) — (3) (proposed text unchanged)

C. (proposed text unchanged)

.13 Reinstatement of License. A licensee who wishes to reinstate a license after failing to

complete the CPC requirements shall fulfill past due CPC requirements for the [[previous]] immediately preceding CPC reporting periods up to 48 PDH units and pay all applicable fees.

HOWARD C. HARCLERODE Chairman

Board for Professional Engineers

Title 10 DEPARTMENT OF HEALTH

AND MENTAL HYGIENE Subtitle 27 BOARD OF NURSING

10.27.07 Practice of the Nurse Practitioner Authority: Health Occupations Article, §8-205(a)(1), (2), (4), and (5); Health-General Article, §§4-208(a), 4-212, 5-601(h) and (o)—(q), 5-602(c)—(e), 5-

608(c), 10-628, 13-701, and 13-704; Family Law Article, §2-301; and Transportation Article, §13-616(a) and (b); Annotated Code of Maryland;

Chapter 78, Acts of 2010 Notice of Final Action

[11-021-F] On June 14, 2011, the Secretary of Health and Mental Hygiene

adopted amendments to Regulations .01—.03, new Regulations .04, .07—.09, and .11, amendments and the recodification of existing Regulations .04, .05, and .08 to be Regulations .05, .06, and .10, and repeal of existing Regulations .06 and .07 under COMAR 10.27.07 Practice of the Nurse Practitioner. This action, which was proposed for adoption in 38:1 Md. R. 26—29 (January 3, 2011), has been adopted as proposed.


JOSHUA M. SHARFSTEIN Secretary of Health and Mental Hygiene

Title 13A STATE BOARD OF

EDUCATION Subtitle 03 GENERAL

13A.03.02 Graduation Requirements for Public High Schools in Maryland

Authority: Education Article, §§2-205, 4-111, 7-205, and 8-404, Annotated Code of Maryland


On June 21, 2011, the Maryland State Board of Education adopted amendments to Regulation .04 under COMAR 13A.03.02 Graduation Requirements for Public High Schools in Maryland. This action, which was proposed for adoption in 38:1 Md. R. 50 — 51 (January 3, 2011) and reproposed in 38:8 Md. R. 523 — 524 (April 8, 2011), has been adopted as reproposed.


NANCY S. GRASMICK State Superintendent of Schools


AGRICULTURE Subtitle 14 BOARD OF VETERINARY

MEDICAL EXAMINERS 15.14.09 Qualifications for Licensure, by

Examination, as a Veterinarian Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code of

Maryland


On June 22, 2011, the Secretary of Agriculture adopted amendments to Regulations .02 — .05 under COMAR 15.14.09 Qualifications for Licensure, by Examination, as a Veterinarian. This action, which was proposed for adoption in 38:10 Md. R. 622— 624 (May 6, 2011), has been adopted as proposed.



791


Proposed Action on Regulations

For information concerning citizen participation in the regulation-making process, see inside front cover.

Symbol Key • Roman type indicates existing text of regulation. • Italic type indicates proposed new text. • [Single brackets] indicate text proposed for deletion.

Promulgation of Regulations An agency wishing to adopt, amend, or repeal regulations must first publish in the Maryland Register a notice of proposed action, a statement of purpose, a comparison to federal standards, an estimate of economic impact, an economic impact on small businesses, a notice giving the public an opportunity to comment on the proposal, and the text of the proposed regulations. The opportunity for public comment must be held open for at least 30 days after the proposal is published in the Maryland Register. Following publication of the proposal in the Maryland Register, 45 days must pass before the agency may take final action on the proposal. When final action is taken, the agency must publish a notice in the Maryland Register. Final action takes effect 10 days after the notice is published, unless the agency specifies a later date. An agency may make changes in the text of a proposal. If the changes are not substantive, these changes are included in the notice of final action and published in the Maryland Register. If the changes are substantive, the agency must repropose the regulations, showing the changes that were made to the originally proposed text. Proposed action on regulations may be withdrawn by the proposing agency any time before final action is taken. When an agency proposes action on regulations, but does not take final action within 1 year, the proposal is automatically withdrawn by operation of law, and a notice of withdrawal is published in the Maryland Register.

Title 08 DEPARTMENT OF NATURAL

RESOURCES Subtitle 03 WILDLIFE

08.03.04 Forest Wildlife Authority: Natural Resources Article, §10-205, Annotated Code of Maryland

Notice of Proposed Action [11-163-P]

The Department of Natural Resources proposes to amend Regulation .22 under COMAR 08.03.04 Forest Wildlife.

Statement of Purpose The purpose of this action is to amend the cervid carcass and part

importation regulations to prohibit the feeding and baiting of forest game birds and mammals within areas affected by Chronic Wasting Disease (CWD) and establish transportation requirements for deer carcasses or parts originating from a CWD management area. CWD is a fatal disease that attacks the brain and spinal cord of deer and elk, specifically white-tailed deer, moose, mule deer, and Rocky Mountain elk. While the exact cause is not known, it is believed to be a prion disease. In February 2011, the Department of Natural Resources received positive laboratory confirmation that a white-tailed deer tested positive for CWD. The deer was harvested by a hunter in Allegany County in November 2010. Maryland now joins 20 other states and Canadian provinces with CWD documented in deer, elk, and moose. The intent of the proposed additions to this regulation are to reduce the potential spread of CWD from beyond the currently affected area in Maryland.

Comparison to Federal Standards There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact The proposed action has no economic impact.

Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small

businesses.

Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment Comments may be sent to Peter Jayne, Associate Director, DNR

— Wildlife and Heritage Service, P.O. Box 68, Wye Mills, MD 21679, or call 410-827-8612 x104, or email to [email protected], or fax to 410-827-5186. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

.22 Cervid Carcass and Part Importation. A. (text unchanged) B. Terms Defined.

(1) “Authorized commercial deer processor” means an establishment that is open to the public and processes cervid carcasses or parts into food products for compensation and that possess a letter from the Director granting permission to possess and process deer taken from within a CWD management area.

(2) Bait. (a) “Bait” means fruit, vegetables, nuts, hay, corn, wheat,

other feed, salt, or other mineral-based attractant placed, exposed, deposited, distributed or scattered so as to constitute an attraction or enticement to forest game birds or mammals.

(b) “Bait” does not include standing crops or where fruit, vegetables, nuts, hay, corn, wheat, other feed, salt or other minerals have been scattered solely as the result of bona fide agricultural operations or procedures such as planting, harvesting or livestock care.

(3) Baited Area. (a) “Baited area” means any area where fruit, vegetables,

nuts, hay, corn, wheat, other feed, salt, or other mineral-based attractant capable of luring, attracting or enticing forest game birds or mammals is directly or indirectly placed, exposed, deposited, distributed or scattered.

PROPOSED ACTION ON REGULATIONS 792


(b) “Baited area” does not include areas containing standing crops or where fruit, vegetables, nuts, hay, corn, wheat, other feed, salt or other minerals have been scattered solely as the result of bona fide agricultural operations or procedures such as planting, harvesting or livestock care.

[(1)] (4) — [(2)] (5) (text unchanged) (6) “CWD management area” means a geographical region in

Maryland where the Department has determined there is a need to minimize the spread of CWD by restricting certain practices.

[(3)] (7) (text unchanged) C. CWD Positive Areas and CWD Management Areas. The

Department shall maintain a list of CWD positive areas and CWD management areas and make this list available to the public and post it on the Department’s website. The Department shall disseminate a notice of modification to the list through various media and post it on the Department’s website so that an affected person has a reasonable opportunity to be informed.

D. Importation, Transportation, and Possession Prohibited. Except as provided in §§E and G of this regulation, a person may not import, transport, or possess a part of a dead cervid from a CWD positive area or a CWD management area.

E. Importation, Transportation, and Possession of Certain Cervid Parts Allowed. A person may import, transport, and possess the following parts of a dead cervid from a CWD positive area or a CWD management area:

(1) — (3) (text unchanged) (4) [Meat:] Boneless meat;

[(a) With no part of spinal column or head attached; or (b) That is boned out;]

(5) — (6) (text unchanged) F. Notification Required.

(1) If a person imports a part of a dead cervid from a CWD positive area and receives notice after the importation that the cervid has tested positive for CWD, the person shall contact the Department within 24 hours after receiving the notice of a positive CWD test.

(2) If a person imports a part of a dead cervid from a CWD positive area and knows at the time of importation the cervid has tested positive for CWD, the person shall contact the Department within 24 hours of importation.

(3) — (5) (text unchanged) G. Temporary Possession Allowed.

(1) A person may import and possess any part of a dead cervid from a CWD positive area or a CWD management area if[:

(a) The final destination of the cervid part is outside the State; and

(b) The] the dead cervid carcass or part does not remain in the State for longer than 24 hours.

(2) (text unchanged) (3) A person may transport a cervid carcass or part from a CWD

management area to an authorized commercial deer processor within the same county within 24 hours of taking the cervid into possession.

(4) An authorized commercial deer processor in Maryland may possess a cervid carcass or part originating from a CWD management area within Maryland.

H. Prohibition on Feeding and Baiting Forest Game Birds and Mammals Within a CWD Management Area.

(1) A person may not place, expose, deposit, distribute, or scatter bait or cause bait to be placed, exposed, deposited, distributed, or scattered within a CWD management area.

(2) A person may not hunt, shoot, kill, or attempt to hunt, shoot or kill forest game birds or mammals by the aid of bait or over a baited area within a CWD management area.

JOHN R. GRIFFEN Secretary of Natural Resources

Subtitle 18 BOATING — SPEED LIMITS AND OPERATION OF

VESSELS 08.18.14 Middle River

Authority: Natural Resources Article, §8-704, Annotated Code of Maryland


The Secretary of Natural Resources proposes to amend Regulation .05 under COMAR 08.18.14 Middle River. This action was considered at the Maryland Boat Act Advisory Committee meetings held September 16, 2010 and December 21, 2010.

Statement of Purpose The purpose of this action is to ensure safe boating on the

waterway.




businesses.


Opportunity for Public Comment Comments may be sent to Bob Gaudette, Director, Boating

Services, Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8462, or email to [email protected], or fax to 410-260-8453. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

.05 Frog Mortar Creek and Stansbury Creek. A. Frog Mortar Creek and Stansbury Creek encompass the area

upstream of a line beginning at Wilson Point at or near Lat. 39°18’30”N., Long. 76°24’37”W., then running approximately 090° True to Galloway Point at or near Lat. 39°18’30”N., Long. 76°24’07”W. This area has a 6-knot (6.9 MPH) speed limit Saturdays, Sundays, and State holidays, [all year] during the boating season only, which is April 15 through October 15.

[B. Prohibited Area. All of the waters of Frog Mortar Creek enclosed by a line beginning at a point on the west shore of Frog Mortar Creek at or near Lat. 39°19.187’N., Long. 76°24.156’W., then running 136° (True) to a point, at or near Lat. 39°19.163’N., Long. 76°24.127’W., then running 224° (True) to a point, at or near Lat. 39°19.112’N., Long. 76°24.192’W., then running 132° (True) to a point, at or near Lat. 39°19.083’N., Long. 76°24.152’W., then running 225° (True) to a point on the shore, at or near Lat. 39°19.025’N., Long. 76°24.227’W., then running northerly along the shore to the point of beginning.]

B. Prohibited Area. All of the waters of Frog Mortar Creek north and west (shoreward) of a line beginning at a point on the shore of Martin State Airport, at or near Lat. 39° 19.110’ N., Long. 76° 24.208’ W., then running 133° (True) to a point, at or near Lat. 39° 19.092’ N., Long. 76° 24.183’ W., then running 180° (True) to a point, at or near Lat. 39° 19.058’ N., Long. 76° 24.183’ W., then running 226° (True) to a point on the shore of the airport. at or near Lat. 39° 19.025’ N., Long. 76° 24.228’ W.



C. Exclusion Area. All masted vessels and/or any obstacle that extends more than 19 feet above mean sea level are prohibited in addition to anchoring or mooring of any kind. All of the waters of Frog Mortar Creek north and west (shoreward) of a line beginning at a point on the shore of Martin State Airport, at or near Lat. 39° 19.188’ N., Long. 76° 24.160’ W., then running 136° (True) to a point, at or near Lat. 39° 19.162’ N., Long. 76° 24.127’ W., then running 225° (True) to a point, at or near Lat. 39° 19.112’ N., Long. 76° 24.192’ W., then running 129° (True) to a point, at or near Lat. 39° 19.085’ N., Long. 76° 24.150’ W., then running 224° (True) to a point, at or near Lat. 39° 19.058’ N., Long. 76° 24.183’ W., then running 0° (True) to a point, at or near Lat. 39° 19.092’ N., Long. 76° 24.183’ W., then running 313° (True) to a point on the shore of the airport, at or near Lat. 39° 19.110’ N., Long. 76° 24.208’ W.

JOHN R. GRIFFIN Secretary of Natural Resources



Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.13 State Collection Agency Licensing Board — Fees

Authority: Business Regulation Article, Title 7, Subtitle 1, and §§7-302 and 7-302.1, Annotated Code of Maryland


The Commissioner of Financial Regulation proposes to adopt new Regulations .01 and .02 under a new chapter, COMAR 09.03.13 State Collection Agency Licensing Board — Fees. This action was considered by the State Collection Agency Licensing Board at an open meeting held on May 11, 2011, notice of which was published in 38:10 Md. R. 635 (May 6, 2011), pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to regulate collections practices in the

State of Maryland. The regulation of collection practices in the State has increased in the past decade for several reasons, including (i) growth in the third-party debt collection industry both in terms of collections agencies and the volume of debt collected; (ii) evolution and diversification of collections practices; (iii) an increase in the complexity of federal and state laws governing collections; (iv) growth in the volume of complaints from consumers; and (v) increased enforcement activity. The level of current licensing fees, which were established in 1996, is not sufficient to cover the current direct and indirect costs of regulating collection agencies in accordance with the provisions of Business Regulation Article, Title 7, Subtitle 1, Annotated Code of Maryland. The Board therefore proposes to increase the licensing fees from $400 to $700 biennially in order to cover the current direct and indirect regulatory costs.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact I. Summary of Economic Impact. Business Regulation Article,

Title 7, Subtitle 1, and §§7-302 and 7-302.1, Annotated Code of Maryland, which went into effect on October 1, 2010, authorized the State Collection Agency Licensing Board to set by regulation certain fees associated with the licensing and regulation of collecting agencies, such as license application fees, renewal fees, and investigation fees. The fees must be set in a manner that produces funds that are sufficient to cover the actual direct and indirect costs of regulating collection agencies in accordance with the provisions of Business Regulation Article, Title 7, Subtitle 1, Annotated Code of Maryland.

The cost of regulating collections practices in the State of Maryland have increased in the past decade for several reasons, including (i) growth in the third-party debt collection industry both in terms of collections agencies and, importantly, the volume of debt collected; (ii) the evolution and diversification of collections practices; (iii) an increase in the complexity of federal and state laws governing collections; (iv) growth in the volume of complaints from consumers; and (v) increased enforcement activity.

The number of licensed collection agencies has steadily grown from 993 in Fiscal Year 1999 to the level of 1,450 collection agency licenses issued in Fiscal Year 2010. The growth in collection agency licenses was driven by increasing volumes of delinquent consumer debt and by legislative changes in Fiscal Year 2007 that extended the Board’s authority to regulate debt purchasers that collect consumer claims acquired when the claim was in default. Purchasing debt in default is a rapidly growing business as the volume of delinquent consumer debt purchased doubled from 2000 to 2005 alone — to over $100 billion nationwide.

At the same time, the volume of complaints has also increased. The number of complaints that the Board received went up from approximately 475 complaints in Fiscal Year 2004 to approximately 575 complaints in Fiscal Year 2010. Evolution in the debt recovery environment has also increased the complexity of the complaints received. Complaints now require increased analysis to review compliance with State and federal laws.

Finally, the growth of the industry has led to an evolution in collections practices which have further complicated the regulatory task and driven increased enforcement costs. In particular, litigation-based collection activities have grown dramatically with collections through lawsuits comprising more than 50 percent of the revenues of one of the largest publicly traded collections agencies in the market. Such practices raise substantial consumer protection concerns related to high prevalence of default judgments, lawsuit filings that are based on insufficient evidence, failure to provide lawsuit notices to consumers, improper garnishments, and collections on time-barred debts. Over the last several years, the Board has undertaken successful enforcement actions on issues of higher complexity. The enforcement actions helped to precipitate consideration by the courts for changes in their rules for filing judicial pleadings.

To assess regulatory costs, the Board reviewed cost estimates prepared by the staff of the Office of the Commissioner. The estimate was based on allocation of overall cost based upon volumes within different functions. For example, licensing cost was based on multiplying the overall cost of the licensing function with the percentage of collections licenses versus total licenses issued per year. In total, the staff estimates that costs are approximately $450,000 — $500,000, inclusive of direct costs and allocated indirect



costs, such as human resources and rent, which are provide on a Department-wide basis. By comparison, annual licensing fees based on the current fee structure are approximately $270,000.

The current $400 license fee for a 2-year license has not been increased since it was established in 1996. Just based on inflation, the rate would increase to roughly $525. Nationwide, the average collection agency licensing fee imposed by other jurisdictions exceeds $450 per year or $900 biennially.

Revenue (R+/R-)

II. Types of Economic Impact.

Expenditure (E+/E-) Magnitude

A. On issuing agency: (R+) $220,000

B. On other State agencies: NONE

C. On local governments: NONE

Benefit (+) Cost (-) Magnitude

D. On regulated industries or trade groups:

Regulated industries (-) $150 per Licensee

E. On other industries or trade groups: NONE

F. Direct and indirect effects on public: NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. There are currently roughly 1,450 licensees. If the fee is raised from $400 to $700 for a 2-year period, the incremental revenue will be approximately $220,000 per year.

D. At the present time the licensees pay a biennial fee of $400. The proposed action will increase the fee to $700 on a biennial basis.


businesses.


Opportunity for Public Comment Comments may be sent to Mark A. Kaufman, Commissioner of

Financial Regulation, Division of Financial Regulation, 500 North Calvert Street, Suite 402, Baltimore, MD 21202, or call 410-767-0378, or email to [email protected], or fax to 410-333-0475. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

Open Meeting Final action on the proposal will be considered by the State

Collection Agency Licensing Board during a public meeting to be held on August 17, 2011, at 10:30 a.m., at 500 N. Calvert Street, Office of the Commissioner of Financial Regulation, 3rd Floor Conference Room, Baltimore, Maryland 21202.

.01 Purpose. This chapter is intended to carry out the provisions of Business

Regulation Article, §§7-302 and 7-302.1, Annotated Code of

Maryland. In particular, it is intended to set license-related fees to cover the actual documented direct and indirect costs of regulating collection agencies in accordance with the provisions of Business Regulation Article, Title 7, Annotated Code of Maryland.

.02 Fees. A. Initial License Fee. The initial license fee required by Business

Regulation Article, §§7-302(a) and 7-302.1, Annotated Code of Maryland, is $700 for a 2-year license term.

B. Renewal Fee. The renewal fee required by Business Regulation Article, §7-302(e)(2), Annotated Code of Maryland, is $700 for a 2-year renewal term.

MARK KAUFMAN Commissioner of Financial Regulation

Subtitle 12 DIVISION OF LABOR AND

INDUSTRY 09.12.28 Tree Care and Removal Authority: Labor and Employment Article, §§2-106(b)(4), 5-104, and 5-312,

Annotated Code of Maryland

Notice of Proposed Action [11-165-P-I]

The Commissioner of Labor and Industry proposes to adopt new Regulations .01—.07 under a new chapter, COMAR 09.12.28 Tree Care and Removal. This action was considered by the Maryland Occupational Safety and Health Advisory Board at a public meeting held on March 2, 2011, pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to provide a safety standard to

address hazards in tree care and removal. This standard addresses safe work practices for tree care and removal as well as safety requirements for tools and equipment. In proposing this standard, the Commissioner of Labor and Industry seeks to prevent injuries and accidents related to tree care and removal in construction, demolition, and general industry.


Estimate of Economic Impact I. Summary of Economic Impact. This proposal requires that

employers provide training in the safe performance of work tasks and in the use, operation, and maintenance of tools and machines related to tree care and removal. In addition, employers are required to provide training in basic first aid. Although employers will incur additional costs, the benefits from reduced injuries and accidents outweighs the cost of training employees in safe work practices.

Revenue (R+/R-)



A. On issuing agency: NONE






D. On regulated

industries or trade groups: (+) Indeterminable


F. Direct and indirect effects on public: (+) Indeterminable


D. Employers who do not provide training to their employees in safe work practices will incur additional costs, but the benefits from reduced injuries and accidents far outweigh this cost.

F. The impact this proposal will have on the general public includes a smaller burden on the economy in the form of assistance programs and lost output at work. Also, it is assumed that providing a safer work environment for workers benefits not only the workers but their families as well.


businesses.


Opportunity for Public Comment Comments may be sent to Debbie Stone, Regulations Coordinator,

Department of Labor, Licensing, and Regulation, Division of Labor and Industry, 1100 N. Eutaw Street, Room 606, Baltimore, Maryland 21201, or call 410-767-2225, or email to [email protected], or fax to 410-767-2986. Comments will be accepted through August 1, 2011. 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, ANSI Z133.1-2006 American National Standard for Arboricultural Operations—Safety Requirements and ANSI/ASSE Z359.1-2007 Safety Requirements for Personal Fall Arrest Systems, Subsystems, and Components have been declared documents generally available to the public and appropriate for incorporation by reference. For this reason, they will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these documents are filed in special public depositories located throughout the State. A list of these depositories was published in 38:3 Md. R. 145 (January 28, 2011), and is available online at www.dsd.state.md.us. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.01 Purpose. The purpose of this chapter is to provide a safe work environment

for employees engaged in tree care including, but not limited to, cutting, pruning or other work on a standing tree as well as tree removal.

.02 Scope. A. This chapter covers safety requirements for tools and

equipment and the safe work practices used in tree care and the removal of trees, including any portion thereof.

B. This chapter applies to construction, demolition, and general industry.

C. Where provisions of this chapter direct an employee to take certain actions, an employer shall establish, effectively communicate to the relevant persons, and enforce work rules to ensure compliance with such provisions.

D. This chapter does not apply to: (1) Work covered by 29 CFR §§1910.268 and 1910.269; (2) Logging operations; or (3) Land clearing operations for construction when heavy

equipment is used to remove the trees and no trees are individually cut.

.03 Definitions. A. In this chapter, the following terms have the meanings

indicated. B. Terms Defined.

(1) “Anti-two block device” means a device attached to a crane which prevents the lower load block or hook assembly from contacting the upper load block or boom point sheave assembly.

(2) “Apex” means the point at which two saw cuts meet to form a notch.

(3) “Arborist climbing line” means a line designated to support the employee while aloft in a tree or attached to a crane.

(4) “Arborist saddle” means an arrangement of straps, fittings, and buckles or other elements that form a waist belt with a low attachment element or elements and connecting support by encircling the legs suitably arranged to support the body in a sitting position.

(5) “Back cut” means the cut made in a tree limb or trunk on the side opposite of the intended direction of fall.

(6) “Carabiner” means a connector generally composed of a trapezoidal or oval-shaped body with a closed gate or similar arrangement that may be opened to receive an object and, when released, automatically closes to retain the object.

(7) “Chopping tool” means a wooden-, fiberglass-, or steel-handled tool with a sharp, single- or double-edged steel head or blade mounted to it that is used to cut or split wood such as an ax or machete.

(8) “Conventional notch” means a directional felling cut into the side of a tree, facing the intended direction of fall and consisting of a horizontal face cut and an angled cut above it, creating a notch of approximately 45 degrees.

(9) “Competent person” means an employee who is capable of identifying existing and predictable hazards and who has authorization to take prompt corrective measures.

(10) “Crotch” means a branch union where an angle is formed by two branches in the tree.

(11) “Drop zone” means the area beneath an employee working aloft where there is the potential hazard of a falling object on another employee.

(12) “Electrical conductor” means any overhead or underground electrical component capable of carrying an electric current, including communications wires and cables, power lines, and other such fixtures or apparatus.

(13) “Ferrule” means a metal ring placed around the handle to prevent splitting.

(14) “Humboldt notch” means a directional felling cut into the side of a tree, facing the intended direction of fall and consisting of a horizontal face cut and an angled cut below it, creating a notch of approximately 45 degrees.

(15) “Prusik loop” means an endless loop of rope used to fashion a Prusik knot.

(16) “Qualified arborist” means an employee who, by possession of a recognized degree, certification, or professional standing, or through related training and on-the-job experience, is familiar with the equipment and hazards involved in arboricultural



operations and who has demonstrated ability in the performance of the special techniques involved.

(17) “Qualified line-clearance tree trimmer” means an employee who, through related training and on-the-job experience, is familiar with the equipment and hazards in line clearance and has demonstrated the ability to perform the special techniques involved.

(18) “Qualified person” means an employee who, by reason of training and experience, has demonstrated the ability to safely perform assigned duties, where required, and is properly licensed in accordance with federal, State, or local laws and regulations.

(19) “Secured” means made firm, tight, or fastened. (20) “Snap hook” means a connector composed of a hook-

shaped member with a normally closed keeper, or similar arrangement, which may be opened to permit the hook to receive an object and, when released, automatically closes to retain the object.

(21) “Tool lanyard” means a short line or strap used to secure a tool while working aloft.

(22) “Tree care” means cutting, pruning, or other work on a standing tree.

(23) “Tree removal” means the act of tree elimination whether cut down by sectioning or felling.

(24) “Wedge” means a piece of material with two sides meeting at an angle that is used to raise or split objects by applying a driving force.

(25) “Workline” means a rope used for lifting, lowering, or guiding limbs or equipment, or both, into or out of the tree.

.04 Incorporation by Reference. A. In this chapter, the following documents are incorporated by

reference. B. Documents Incorporated.

(1) ANSI Z133.1-2006 American National Standard for Arboricultural Operations—Safety Requirements; and

(2) ANSI/ASSE Z359.1-2007 Safety Requirements for Personal Fall Arrest Systems, Subsystems, and Components.

.05 General Requirements. A. All equipment used in tree care and tree removal shall be used

consistent with the manufacturer’s specifications and limitations. B. A hazard assessment shall be conducted prior to the

commencement of work. C. Appropriate personal protective equipment shall be provided,

used, and maintained at no cost to the employee, including: (1) Leg protection constructed with cut-resistant material, such

as ballistic nylon that covers the full length of the thigh to the top of the boot on each leg, except when:

(a) The employer can demonstrate that a greater hazard is posed by wearing leg protection;

(b) The work is being performed from a vehicular-mounted elevating and rotating work platform; or

(c) An employee aloft in the tree is not exposed to the hazards of a chain saw;

(2) Foot protection that complies with 29 CFR §1910.136; (3) Head protection that meets the requirements of 29 CFR

§1910.135; and (4) Eye protection that meets the requirements of 29 CFR

§1910.133, except if the employer provides face protection that covers both the eyes and face which meets the requirements of 29 CFR §1910.133, then eye protection is not required.

D. An employer shall maintain the necessary first-aid supplies at each work site to address the potential hazards from the work to be performed.

E. Fire Prevention. (1) An employer shall assure that the following fire prevention

measures are followed: (a) Provide and maintain portable fire extinguishers on each

vehicle in accordance with 29 CFR §1910.157; (b) Store, handle, and dispense flammable liquids from

approved containers; (c) Prohibit smoking when handling or working in close

proximity to flammable liquids; (d) Change clothing contaminated by flammable liquids as

soon as possible; and (e) Avoid open flame and other sources of ignition.

(2) An employer shall have the following procedures in place during fueling operations:

(a) Equipment may not be operated within 10 feet of fueling operations or areas where refueling has recently taken place;

(b) Equipment shall be refueled only after the engine has stopped; and

(c) Spilled fuel shall be removed from equipment before restarting an engine.

F. Preliminary Work Area Requirements. (1) An employer shall have a qualified person conduct a visual

assessment of the work area prior to the start of any activity which shall include determining the location of underground utilities, overhead wires, utility easements, and other potential hazards such as loose limbs and debris.

(2) An employer shall have a workplace hazard assessment conducted in compliance with 29 CFR §1910.132(d)(2) that includes the following:

(a) A written certification that identifies the workplace evaluated;

(b) The name of the person certifying that the evaluation has been performed;

(c) The date or dates of the hazard assessment; and (d) A document that is identified as a certification of hazard

assessment. G. Job Briefing.

(1) An employer shall have a job briefing at the start of each work shift with all employees involved in the operation in attendance.

(2) The job briefing shall communicate the following: (a) The hazards associated with the job, the work

procedures involved, special precautions, job assignments, and the proper use of personal protective equipment;

(b) The work plans for tree care and tree removal operations before commencing work;

(c) Any electrical hazards, including electrical conductors or communication lines, shall be considered energized; and

(d) The location of underground utilities if subsurface work is involved.

(3) An employer shall assure that at the job briefing the method of verbal and visual communication is established in compliance with §I of this regulation and is fully explained to all employees.

H. Traffic Control Requirements. (1) When exposed to vehicular traffic on a public road, an

effective means for controlling hazards created by vehicular traffic shall be instituted on every job site where necessary, in accordance with the U.S. Department of Transportation Manual on Uniform Traffic Control Devices.

(2) When exposed to vehicular traffic on a public road, each employee shall wear a Class II reflective vest when the employee will be exposed to vehicular traffic.

I. Communication and Signaling. (1) At each work site, every effort shall be made to assure that

there is communication with outside emergency facilities at all times such as, but not limited to, 911 call centers.



(2) Hand signals or audible contact such as, but not limited to, whistles, horns, or radios shall be used whenever noise, distance, restricted visibility, or other factors prevent clear understanding of normal voice communication between employees.

(3) Except in an emergency, one person shall be designated to give hand signals.

(4) Engine noise, such as from a chain saw, may not be used as a means of signaling.

J. Electrical. (1) Except where tree care is performed adjacent to electrical

power generation, transmission, and distribution lines and equipment pursuant to 29 CFR §§1910.268 and 1910.269, a distance of 10 feet shall be maintained between an employee’s body and tools and an energized conductor.

(2) If it is determined that the 10-foot distance cannot be maintained prior to commencing work, the employer:

(a) Shall contact the system operator or owner, or both, of the energized conductor to de-energize the conductor; and

(b) May not perform the work if the system operator or owner of the energized conductor, or both, are unavailable.

K. All operations at the work site shall cease if weather conditions indicate or the weather forecast calls for imminent hazardous weather such as, but not limited to, electrical storms and strong winds.

L. Fall Protection. (1) General Requirements.

(a) Prior to each use, a competent person shall inspect the climbing lines, worklines, lanyards, and other climbing equipment for damage, cuts, abrasion, or deterioration.

(b) The competent person shall complete a written inspection checklist documenting the inspection.

(c) Equipment shall be removed from service if there are signs of excessive wear or damage as provided for in the manufacturer’s specifications.

(d) Except as provided in §L(1)(e) of this regulation, all equipment used to secure an employee in a tree or from an aerial lift shall be used for its intended purpose only.

(e) An arborist climbing line may be used to raise and lower tools.

(f) Rope and climbing equipment shall be stored and transported in such a manner to prevent damage through contact with sharp tools, cutting edges, gas, oil, or other environmental factors.

(g) An employee shall be secured for the duration of the work until the employee returns to the ground.

(h) While ascending the ladder to gain access to a tree, no work shall be performed until the ladder is secured.

(i) Employees shall be instructed to the extent possible that their tie-in position should be positioned to prevent the employee from being subject to a pendulum swing in the event of a slip.

(2) Arborist Saddles. (a) Arborist saddles used for work positioning shall be

identified by the manufacturer as suitable for tree climbing. (b) An arborist saddle shall meet the hardware material,

strength, and testing requirements outlined in ANSI/ASSE Z359.1-2007 Safety Requirements for Personal Fall Arrest Systems, Subsystems, and Components.

(3) Climbing Lines. (a) Climbing lines shall meet the following requirements:

(i) Constructed from a synthetic fiber, with a minimum breaking strength of 5,400 pounds (24.02 kilonewton); and

(ii) Identified by the manufacturer as suitable for tree climbing.

(b) Climbing lines shall never be left in trees unattended.

(c) A climbing line and at least one other means of being secured while working aloft shall be made available.

(4) Climbing Equipment. (a) Prusik loops, split-tails, and work-positioning lanyards

used in a climbing system shall meet the minimum strength of 5,000 pounds (22.24 kilonewton).

(b) A snap hook used in climbing shall be self-closing and self-locking, and comply with ANSI/ASSE Z359.1-2007 Safety Requirements for Personal Fall Arrest Systems, Subsystems, and Components.

(c) Carabiners used in climbing shall be self-closing and self-locking, and comply with ANSI/ASSE Z359.1-2007 Safety Requirements for Personal Fall Arrest Systems, Subsystems, and Components.

(d) Carabiners shall be designed to release the load by requiring at least two consecutive, deliberate actions to prepare the gate for opening.

(e) The following shall be assured: (i) An employee shall be secured while ascending a tree; (ii) An employee shall be tied in once the work begins

and shall be tied in until the work is completed and the employee returned to the ground;

(iii) An employee shall be secured when repositioning the climbing line;

(iv) While ascending a ladder to gain access to a tree, an employee may not work from or leave the ladder until the employee is tied in or otherwise secured;

(v) To the extent possible, an employee’s tie-in position shall be located in such a manner so that the employee will not be subjected to a pendulum swing in the event of a slip; and

(vi) When an employee is working at heights greater than 1/2 the length of the employee’s climbing line, a figure-eight knot shall be tied in the end of the climbing line to prevent pulling the rope through the climbing hitch.

M. Vehicles, Tools, and Mobile Equipment. (1) General Requirements.

(a) Prior to daily use of any vehicles and mobile equipment, a visual walk-around inspection and operational check shall be conducted in accordance with the manufacturer’s and owner’s instructions.

(b) Prior to operating a vehicle, an employer shall assure that an employee operating a vehicle meets the following requirements:

(i) Training and experience to perform the assigned duties; and

(ii) Licensed in accordance with federal, State, and local requirements.

(c) Step surfaces and platforms on mobile equipment shall be skid-resistant.

(d) Safety chains shall be crossed under the tongue of the mobile equipment being towed and connected to the towing vehicle.

(e) All vehicles and mobile equipment shall be chocked when unattended.

(f) Material and equipment carried on vehicles or mobile equipment shall be properly secured to prevent movement.

(g) Vehicles with obscured rear vision shall be backed up only when necessary and when there is:

(i) A reverse signal alarm; or (ii) Another employee who is in constant eyesight of the

driver provides direction. (2) Brush Chippers.

(a) Rotary drum or disc brush chippers not equipped with a mechanical infeed system shall be equipped with an infeed hopper not less than 85 inches (2.15 meters) measured from the blades or knives to ground level over the center line of the hopper.



(b) The side members of the infeed hopper shall have sufficient height so as to prevent employee contact with the blades or knives during operations.

(c) The rotary drum or disc brush chippers not equipped with a mechanical infeed system shall have a flexible anti-kickback device installed in the infeed hopper to reduce the risk of injury from flying chips and debris.

(d) Chippers equipped with a mechanical infeed system shall have a quick-stop and reversing device on the infeed system.

(e) The activating mechanism for the quick-stop and reversing device shall be located across the top, along each side, and close to the feed end of the infeed hopper, within easy reach.

(3) Cranes and Related Hoisting Equipment. (a) The use of a crane to lift an employee is prohibited

except as provided in this subsection. (b) An employer shall assess whether there are possible

alternative methods of lifting an employee other than using a crane to determine the least hazardous means of lifting.

(c) In assessing alternative methods, the following shall be considered:

(i) Securing the qualified arborist to the tree and detaching from the crane before it comes under load;

(ii) Using a second crane; (iii) Using an aerial lift device; and (iv) Using an adjacent tree.

(d) An employer shall document the alternative methods considered in writing and with an explanation why lifting with a crane is the least hazardous method of lifting.

(e) If an employer determines that lifting with a crane is the least hazardous means of lifting, the following shall be complied with:

(i) Only qualified arborists shall be lifted by a crane; (ii) The crane operator performing the tree care work

shall be familiar with potential hazards; (iii) The crane operator, employer, qualified arborist,

and other employees involved in performing the work shall meet prior to commencing work to review the procedures to be followed;

(iv) Cranes with telescoping booms shall be equipped with an anti-two block device;

(v) Tree sections shall be rigged to minimize load shifting, control load lowering, and prevent shock-loading;

(vi) A green log weight chart, such as Annex E of ANSI Z133.1-2006 American National Standard for Arboricultural Operations—Safety Requirements, shall be used to estimate the load being handled; and

(vii) Side loading and free fall is prohibited. (f) The following procedures shall be followed when a

qualified arborist is lifted by a crane: (i) The qualified arborist shall be secured to the boom of

the crane utilizing a self-retracting quick activating lanyard braking system connected to the arborist saddle;

(ii) The qualified arborist shall secure the climbing line to the tree and disconnect from the crane as soon as possible;

(iii) The arborist climbing line shall be secured to the crane in such a way that it does not interfere with the function of any damage prevention or warning device on the crane;

(iv) No part of the crane shall compromise the climbing line or any component of the climbing system;

(v) Lifting or lowering speed may not exceed 100 feet per minute;

(vi) The load-line hoist drum shall have a system or other device on the power train, other than the load hoist brake, that regulates the speed of the hoist mechanism up and down;

(vii) When the qualified arborist is attached to the crane while it is under load, the total weight may not exceed 50 percent of the load capacity for the radius and configuration of the crane; and

(viii) Except as provided in §M(3)(g) of this regulation, the qualified arborist shall be detached from the crane any time it comes under load tension.

(g) When the competent person determines that reasonably possible alternate methods as described in §M(3)(b) of this regulation are inaccessible and attachment to the subject tree would create a greater safety risk due to its hazardous condition, the employer shall allow the qualified arborist to remain attached to the crane while under load.

(4) Equipment-Mounted Winches. (a) Winches, hoisting, or lifting equipment on vehicles shall

be used within rated capacities as stated by the manufacturer’s specifications.

(b) The winch cable shall be inspected prior to each use for broken or worn strands, bird caging, major kinks, and damaged cables and shall be taken out of service.

(c) Cable hooks and attachment points shall be inspected for damage, and damaged hooks or attachment assemblies shall be taken out of service.

(d) All loads shall be pulled in such a manner as to avoid angles that may result in tipping, causing a vehicle to become unstable, or unintended movement of the vehicle.

(5) Chain Saws. (a) Chain saw safety devices may not be removed or

modified and shall be operational. (b) When an employee starts a chain saw, the chain saw

shall be held firmly in place on the ground or otherwise supported to minimize the movement of the chain saw when the starter handle is pulled.

(c) If the chain saw has a chain brake, the chain brake shall be engaged when the chain saw is started.

(d) The chain saw shall be started and operated only when other employees are clear of the chain saw.

(e) When the chain saw is operating, it shall be held firmly with both hands with the thumb and fingers wrapped around the handle.

(f) Chain saw mufflers and, if provided, spark arresters shall be maintained in good condition.

(g) When an employee is working in a tree other than from an aerial device, chain saws weighing more than 15 pounds (6.8 kilograms) shall be secured from falling, for example, supported by a separate line or tool lanyard.

(h) A second point of attachment shall be used when operating a chain saw in a tree, unless the employer demonstrates that a greater hazard is posed by using a second point of attachment.

(i) The chain brake shall be engaged, or the engine shut off, before setting a chain saw down.

(j) If a chain saw is being carried more than two steps, the chain brake shall be engaged or the engine shut off.

(k) Secure footing shall be maintained while starting and operating a chain saw.

(l) A chain saw may not be used in a position or at a distance that could cause an employee to become off balance, have insecure footing, or relinquish a firm grip on the saw.

(6) Wedges, Chisels, and Gouges. (a) Only wood, plastic, or soft-metal wedges shall be used

while operating chain saws. (b) Wood-handled chisels shall be protected with a ferrule

on the striking end. (c) Wood, rubber, or high-impact plastic mauls, sledges, or

hammers shall be used when striking wood-handled chisels or gouges.



(7) Chopping Tools. (a) An employer shall ensure that chopping tools are not

used while working aloft. (b) Chopping tools may not be used as wedges or used to

drive metal wedges.

.06 Work Practices. A. The following work practices shall be implemented:

(1) Communication between employees aloft and on the ground shall be established before cutting and dropping limbs;

(2) Scabbards or sheaths shall be used to carry handsaws when not in use;

(3) Folding saws, when not in use, shall be closed and hooked to the arborist saddle;

(4) A separate workline shall be attached to limbs that cannot be dropped safely or controlled by hand;

(5) Arborist climbing lines and worklines may not be secured to the same crotch; and

(6) Cut branches shall be removed from the canopy of the tree upon completion of work.

B. Cabling. (1) Employees on the ground may not enter under the drop

zone of a tree when a cabling system is being installed, unless the employee aloft has established it is safe to do so.

(2) Tools used for cabling, bark tracing, and cavity work shall be carried in a bag, on a belt designed to hold such tools, or attached to a tool lanyard.

(3) Employees installing cabling systems in trees shall be positioned off to one side in order to avoid injury in case of cable system failure that could occur when a block and tackle or a hand winch is released.

C. Tree Removal. (1) Before beginning any tree removal operation, the employer

shall carefully consider all relevant factors pertaining to the tree and site and shall take appropriate actions to assure a safe removal operation, including the following factors:

(a) The area surrounding the tree to be removed, including nearby trees;

(b) Species and shape of the tree; (c) Lean of the tree; (d) Loose limbs, chunks, or other overhead material; (e) Wind force and direction; (f) Decayed or weak spots throughout the tree, including

awareness of additional hazards if these conditions exist in the hinge area;

(g) Location and means to protect other persons, property, and electrical conductors;

(h) Size and terrain characteristics or limitations of the work area; and

(i) Evidence of bees or wildlife habitation in the tree. (2) Employees not directly involved in the removal operation

shall be beyond the area where the tree could fall and at a minimum distance of twice the tree’s height as practicable.

(3) An escape route free from debris and other obstructions for employees shall be established before cutting any standing tree or trunk.

(4) The following shall be implemented: (a) Notches shall be used on all trees, branches, and trunks

greater than 5 inches (12.7 centimeters) in diameter; (b) Notches and back cuts shall be made at a height that

enables the chain saw operator to safely begin the cut, control the tree or trunk, and allows for escape;

(c) The notch cut used shall be a conventional notch, an open-face notch, or a Humboldt notch;

(d) Notches shall be 45 degrees or greater and large enough to guide the fall of the tree or trunk to prevent splitting;

(e) Notch depth may not exceed 1/3 the diameter of the tree; (f) The back cut may not penetrate into the predetermined

hinge area; (g) With a conventional notch or Humboldt notch, the back

cut shall be 1 to 2 inches (2.5 to 5 centimeters) above the apex of the notch to provide an adequate platform to prevent kickback of the tree or trunk;

(h) With an open-face notch (greater than 70 degrees), the back cut shall be at the same level as the apex of the conventional notch or Humboldt notch;

(i) The two cuts that form the notch may not cross at the point where they meet;

(j) In accordance with the job briefing requirements of Regulation .05G of this chapter, the designated employee shall give a command such as “stand clear” before the back cut is made; and

(k) When the back cut has been completed, the employee operating the chain saw shall immediately move a safe distance away from the tree or trunk using the planned escape route.

D. Brush Removal and Chipping. (1) Loose clothing, climbing equipment, body belts, harnesses,

lanyards, or gauntlet-type gloves may not be worn while operating chippers.

(2) Brush and logs shall be fed into chippers, butt or cut end first, from the side of the feed table center line, and the employee shall immediately turn away from the feed table when brush is taken into the rotor or feed rollers.

(3) Chippers shall be fed from the curbside whenever practical. (4) Foreign material, such as stones, nails, sweepings, and

rakings, may not be fed into chippers. (5) Small branches shall be fed into chippers with longer

branches or by being pushed with a long stick. (6) Hands or other parts of the body may not be placed into the

infeed hopper. (7) Leaning into or pushing material into the infeed hopper

with feet is prohibited. (8) The winch cable used in chipper operations shall be

properly stored before initiating chipper operations. E. The following pesticide measures shall be followed during the

pesticide application: (1) Pesticides shall be used and applied in strict accordance

with the Pesticide Applicator’s Law, Agriculture Article, §§5-201—5-211, Annotated Code of Maryland, and COMAR 15.05.01.01—15.05.01.20;

(2) An adequate potable water source shall be provided at the work site for emergency personal decontamination; and

(3) Drinking water for decontamination and drinking shall be kept in separate containers.

.07 Training. A. Training shall be provided for each employee at no cost. B. The training shall be provided:

(1) As soon as possible, but not later than the effective date of this chapter, for initial training for each current and new employee;

(2) Prior to initial assignment for each new employee; (3) Whenever an employee is assigned new work tasks, tools,

equipment, machines, or vehicles; and (4) Whenever an employee demonstrates unsafe job

performance. C. At a minimum, training shall consist of the following elements:

(1) Safe performance of assigned work tasks; (2) Safe use, operation, and maintenance of tools, machines,

and vehicles that an employee will be using or operating, including



emphasis on understanding and following the manufacturer’s operating and maintenance instructions, warnings, and precautions;

(3) Recognition of safety and health hazards associated with the employee’s specific work tasks, including the use of measures and work practices to prevent or control those hazards;

(4) Recognition, prevention, and control of other safety and health hazards in tree care and tree removal;

(5) Procedures, practices, and requirements of the employer’s work site; and

(6) The requirements of this chapter. D. Each new employee and each employee who is required to be

trained as specified in §B of this regulation shall work under the close supervision of a designated employee until the employee demonstrates to the employer the ability to safely perform new duties independently.

E. Portability of Training. (1) Each current employee who has received training in the

particular elements specified in §C of this regulation may not be required to be retrained in those elements.

(2) Prior to initial assignment, an employer shall conduct an assessment of the elements in §C of this regulation for each new employee who has previously received training to determine if the employee is competent to safely perform the work tasks.

(3) If an employer determines that an employee is not competent in certain elements of §C of this regulation, the employer shall retrain in those elements.

F. First Aid and Rescue Training. (1) All employees shall be trained in basic first aid, including

controlled bleeding and immobilization. (2) Each employee’s first-aid training shall remain current.

G. All training shall be conducted by a qualified person. H. The employer shall ensure that all training materials used are

appropriate in content and vocabulary to the educational level, literacy, and language skills of the employees being trained.

I. Certification of Training. (1) The employer shall verify that each employee has received

and understands the required training through a written certification that contains the name of each employee trained and the date or dates of training and that identifies the subject of the certification.

(2) The most recent training certification shall be maintained for as long as the employee is in the employment of the employer.

J. RONALD DEJULIIS Commissioner of Labor and Industry

Title 10 DEPARTMENT OF HEALTH

AND MENTAL HYGIENE Notice of Proposed Action

[11-053-R]

The Secretary of Health and Mental Hygiene proposes to: (1) Repeal existing Regulations .01—.03, adopt new

Regulations .01—.03 and .11, and amend Regulations .04—.10 under COMAR 10.01.04 Fair Hearing Appeals Under the Maryland State Medical Assistance Program; and

(2) Repeal existing Regulation .13 and adopt new Regulation .13 under COMAR 10.09.24 Medical Assistance Eligibility.

Because substantive changes have been made to the original proposal as published in 38:3 Md. R. 180—188 (January 28, 2011), this action is being reproposed at this time.

Statement of Purpose The purpose of this action is to eliminate outdated terminology

and procedures in the Maryland Medical Assistance Program’s applicant and recipient fair hearing regulations to be consistent with comparable federal requirements and the current terminology and procedures used in the fair hearing process. The Department is making substantive changes to the regulations to reflect comments received from advocates after the regulations’ original proposal on January 28, 2011. Based on comments received, the Department agreed to modify the regulations to:

(1) Include another type of individual who could be considered an authorized representative under COMAR 10.01.04.01B(3);

(2) Clarify that individuals enrolled in managed care may either utilize the managed care organization’s appeal procedures or the Department’s internal review process before requesting a fair hearing;

(3) Clarify that only the relevant portions of the appellant’s medical record may be reviewed by the Program; and

(4) Reinstate the requirement under the current regulations that the delegate agency must prepare a hearing summary.

Comparison to Federal Standards There is a corresponding federal standard to this proposed action,

but the proposed action is not more restrictive or stringent.



businesses.


Opportunity for Public Comment 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, Room 512, Baltimore, MD 21201, or call 410-767-5623 (TTY 800-735-2258), or email to [email protected], or fax to 410-767-6483. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

Ed. Note: Pursuant to State Government Article, §10-113, Annotated Code of Maryland, if a promulgating agency substantively alters the text of regulations that have been previously proposed in the Maryland Register, the altered text must be published in the Maryland Register as though it were initially proposed. The text of regulations appearing immediately below has been altered substantively from the initially proposed text. Symbols: Roman type indicates existing text of regulations. Italic type indicates initially proposed new text. Helvetica Bold Italic type indicates new text that substantively alters the text as initially proposed. [Single brackets] indicate existing text proposed for repeal. [[[Triple brackets]]] indicate text proposed for deletion which substantively alters the originally proposed text.

Subtitle 01 PROCEDURES 10.01.04 Fair Hearing Appeals Under the

Maryland State Medical Assistance Program Authority: Health-General Article, §2-104, Annotated Code of Maryland

.01 Definitions. A. (originally proposed text unchanged)



B. Terms Defined. (1)—(2) (originally proposed text unchanged) (3) “Authorized representative” means:

(a)—(g) (originally proposed text unchanged) (h) Any person the appellant has named in writing

where: (i) The appointment details the specific issue the

appellant wishes to appeal; (ii) The appointment details that the person only

has the authority to pursue the appellant’s appeal rights regarding this specific issue;

(iii) The appointment details that the authority does not extend to any other representation on behalf of the appellant in any other matter;

(iv) The appointment details that the authority shall remain in effect for all levels of the appeal process but shall automatically terminate thereafter; and

(v) A copy of the appointment of the person signed by the appellant is provided to the Department along with the request for a fair hearing under Regulation .04 of this chapter;

[[[(h)]]] (i) (originally proposed text unchanged) [[[(i)]]] (j) In the event that none of the individuals listed in

[[[§B(3)(a)—(g)]]] §B(3)(a)—(h) of this regulation exist and that no person covered by [[[§B(3)(h)]]] §B(3)(i) of this regulation is willing and able to act on behalf of the appellant, then and only then, any person with a direct financial interest in the outcome of the hearing or a person whose employer has a direct financial interest in the outcome of the hearing if the person provides the Department with a declaration along with the request for a fair hearing under Regulation .04 of this chapter declaring:

(i) (originally proposed text unchanged) (ii) To the best of his or her belief, the nonexistence of

any of the individuals listed in [[[§B(3)(a)—(g)]]] §B(3)(a)—(h) of this regulation;

(iii) To the best of his or her belief, the nonexistence of any person covered by [[[§B(3)(h)]]] §B(3)(i) of this regulation who is willing and able to act on behalf of the appellant; and

(iv) (originally proposed text unchanged) (4)—(7) (originally proposed text unchanged)

.02 Opportunity for a Fair Hearing. A. An opportunity for a fair hearing shall be granted if:

(1)—(6) (originally proposed text unchanged) (7) A Program recipient in [[[a]]] an MCO asserts that the

MCO has [[[denied]]] : (a) Denied coverage of or payment for Program

benefits; or (b) Reduced, suspended, or terminated coverage of

[[[, or payment for,]]] previously authorized Program benefits. B. A Program recipient in [[[a]]] an MCO shall first [[[exhaust]]]

pursue all of the complaint and appeal procedures specified in COMAR [[[10.09.71]]] 10.09.71.05 or 10.09.72.01 before filing an appeal under this chapter unless the appeal meets the Program’s criteria of expedited review.

C. (originally proposed text unchanged)

.03 Notification of Right to Request a Fair Hearing. A.—B. (originally proposed text unchanged) C. The notice specified in §A of this regulation may be mailed less

than 10 days before but not later than the date of action if: (1)—(7) (originally proposed text unchanged) (8) The date of action will occur in less than 10 days and the

action involves a long-term care facility’s resident transfer or discharge, in which case the notification shall be made

as soon as practicable before transfer or discharge in accordance with 42 CFR §438.12; or

(9) (originally proposed text unchanged)

.04 Request for Fair Hearing. A. Statement of Request.

(1) Any individual, either himself or through [a] an authorized representative, may request a fair hearing by giving a clear written statement[, oral or written, to any member of the Department or delegate agency, that he] that the individual desires an opportunity to present for review any matter which is the proper subject of a fair hearing as provided in Regulation .02[[[,]]] of this chapter. [This statement shall be forwarded immediately to the Office of Hearings.] The request [[[may]]] shall be given to:

(a) The Program’s Office of Health Services, if the appeal concerns a recipient’s services [[[provided or]]] being denied, suspended, terminated, or reduced [[[to the recipient]]]; or

(b) (originally proposed text unchanged) (2)—(3) (originally proposed text unchanged)

B.—F. (originally proposed text unchanged)

.05 Pre-Hearing Procedures. A. The [Department] delegate agency [[[[]]] shall[[[] may]]]

prepare a hearing summary containing pertinent information [respecting] detailing the specific action [or inaction which] that is the basis for the appeal. [The] If the delegate agency prepares a hearing summary, the summary shall be forwarded to the appellant or [his] the appellant’s authorized representative [at least 6 days] reasonably before the hearing date[, and shall include notification that the appellant or his representative may examine documents and records to be used at the hearing at the office of the hearing examiner at a reasonable time before the date of the hearing].

B. (originally proposed text unchanged)

.06 Hearing Procedures. A.—B. (originally proposed text unchanged) C. Right to Review Record.

(1)—(2) (originally proposed text unchanged) (3) The Program shall have access to relevant portions of

the appellant’s medical record in accordance with Health-General Article, §4-305, Annotated Code of Maryland.

D.—E. (originally proposed text unchanged) F. Appeal for an Individual Enrolled in an MCO.

(1) If the appeal concerns the medical necessity of a denied, reduced, suspended, or terminated benefit or service to an MCO enrollee, and if the fair hearing [[[that]]] meets the Department-established criteria for an expedited hearing as provided in Regulation .04A(3)(b)(ii) of this chapter, the Office of Administrative Hearings shall:

(a)—(b) (originally proposed text unchanged) (2) (originally proposed text unchanged)

.07—.11 (originally proposed text unchanged)

Subtitle 10 MEDICAL CARE PROGRAMS

10.09.24 Medical Assistance Eligibility Authority: Health-General Article, §§2-104, 2-104(b), 2-105(b), 15-103, 15-

105, and 15-121, Annotated Code of Maryland

.13 (originally proposed text unchanged)

JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene



Subtitle 09 MEDICAL CARE PROGRAMS

10.09.10 Nursing Facility Services Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,



The Secretary of Health and Mental Hygiene proposes to amend Regulations .01, .03, and .15 under COMAR 10.09.10 Nursing Facility Services.

Statement of Purpose The purpose of this action is to:

(1) Require owners of nursing facilities, before relinquishing ownership, to provide a standby letter of credit or some other assurance satisfactory to the Department that the new owner will assume all financial obligations of the current owner; and

(2) Stipulate the conditions of participation for new providers purchasing existing providers.




businesses.


Opportunity for Public Comment 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, Room 512, Baltimore, MD 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 August 1, 2011. A public hearing has not been scheduled.

.01 Definitions. A. (text unchanged) B. Terms Defined.

(1)—(7) (text unchanged) (8) “Change of ownership” means:

(a) One of the following occurs: (i) The merger of the provider into the acquiring entity

and the acquiring entity’s tax identification number remains; (ii) The assignment, transfer, disposition, lease, or sale

of all or substantially all of a provider’s assets to another entity; (iii) The consolidation of two or more providers,

resulting in the creation of a new entity; or (iv) The merger of the provider into another entity, or the

consolidation of two or more entities, resulting in the creation of a new entity;

(b) A provider’s Medical Assistance participating provider number dissolves or will no longer be utilized for purposes of billing the Program for covered services; and

(c) A new Medical Assistance participating provider number or tax identification number is used instead.

(9) “Change of provider status” means: (a) A provider’s Medical Assistance participating provider

number and tax identification number remain intact;

(b) The provider’s participating number will continue to be utilized for purposes of billing the Program for covered services; and

(c) One of the following occurs: (i) The assignment, transfer, disposition, or sale of all or

substantially all of a provider’s assets to another entity; (ii) In the case of a partnership, the removal, addition, or

substitution of a partner; (iii) In the case of a limited liability company, the

removal, addition, or substitution of a limited liability company member;

(iv) In the case of an unincorporated sole proprietorship, the transfer of title and property to another party;

(v) The assignment, transfer, disposition, or sale of a majority of the ownership, equity, or voting control of a provider;

(vi) The provider enters into a management, operating, or lease agreement with a third party pursuant to which the third party obtains the right to direct and control all or substantially all of the activities of the provider;

(vii) The provider files a change of name or trade name application with the Maryland Department of Assessments and Taxation; or

(viii) The provider files a change of principal office application with the Maryland Department of Assessments and Taxation.

(10) “Consolidation” means two or more providers combining to form a new business entity.

[(8)] (11)—[(13)] (17) (text unchanged) (18) “Entity” means:

(a) A receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; or

(b) Any partnership, firm, association, corporation, or other corporate form recognized by the Maryland State Department of Assessments and Taxation.

[(14)] (19)—[(40)] (50) (text unchanged) (51) “Purchaser” means an entity that participates in a change

of ownership with a provider by: (a) Having a provider merge into the entity; (b) Accepting the assignment, transfer, disposition, or sale

of all or substantially all of a provider’s assets; or (c) Being a new entity that results from the consolidation of

the provider with a third party. [(40-1)] (52)—[(56)] (71) (text unchanged)

.03 Conditions for Participation. To participate in the Program, the provider shall: A.—U. (text unchanged) V. Assure that an individual who is eligible for Medical

Assistance at the time of application for admission to a nursing home, or would become eligible within 6 months following admission, has a long-term care assessment made available before admission, at no charge to the individual, pursuant to COMAR 10.09.30. The evaluation is advisory only and may not restrict the right of an individual to select nursing home services; and

W. Not less than 30 days before the date of any change of ownership, except when the Program agrees to a shorter period, provide the Department the notification and indemnity bond, letter of credit, or certificate of assurance required by Regulation .15B(2) of this chapter.

.15 Change of Ownership and Provider Status. [A. The current owner shall:

(1) Notify the Medical Assistance Program of the contemplated sale of a facility or controlling interest in it not less than 30 days before the date of the change of ownership; and

(2) Before the date of the change of ownership of a facility not in bankruptcy, post an indemnity bond or standby letter of credit, or



provide some assurance satisfactory to the Program that the purchaser will assume and be responsible for all financial obligations of the current owner. The bond or standby letter of credit shall be in the amount of 1 month’s Medicaid billings for each unsettled fiscal period outstanding. This amount shall equal the median monthly payment for each unsettled fiscal period.

B. The new owner shall: (1) Notify the Medical Assistance Program of the intent to

purchase an existing facility or controlling interest in it, and the desire to enroll in the Program, not less than 30 days before the date of the change of ownership;

(2) Enter into a provider agreement with the Department before being assigned new interim per diem rates; and

(3) Notwithstanding §A(2) of this regulation, assume any debt owed by the current owner to the Interim Working Capital Fund under Regulation .07-1 of this chapter. ]

A. Except when the Program agrees to a shorter notification period, when there is an anticipated change of provider status of a provider, the provider shall notify the Program of the anticipated change of provider status not less than 30 days before the date of the change of provider status.

B. Except when the Program agrees to a shorter notification period, when there is an anticipated change of ownership of a provider, not less than 30 days before the date of the change of ownership:

(1) The provider shall: (a) Notify the Program of the anticipated change of

ownership; and (b) If the provider has not filed for bankruptcy, post an

indemnity bond or a standby letter of credit, or provide some assurance satisfactory to the Program that the purchaser will assume and be responsible for all financial obligations of the existing provider; and

(2) The purchaser shall: (a) Notify the Program of the intent to engage in a change of

ownership and the desire to enroll in the Program; (b) Submit a provider application and execute a provider

agreement with the Department before being assigned new interim per diem rates; and

(c) If the provider has filed for bankruptcy, post an indemnity bond or a standby letter of credit, or provide some assurance satisfactory to the Program that the purchaser will assume and be responsible for all financial obligations of the existing provider.

C. Indemnity Bond or Standby Letter of Credit. (1) The indemnity bond or standby letter of credit required by

§B(1)(b) and (2)(c) of this regulation shall be in the amount of: (a) 10 percent of the Program billings for each unsettled

fiscal period outstanding; (b) All unpaid amounts due and owing the Program for each

settled fiscal period; and (c) All debt owed by the provider to the Interim Working

Capital Fund under Regulation .07-1 of this chapter. (2) If a court of competent jurisdiction discharges the debt of a

bankrupt provider, the Program shall release to the purchaser the difference between the indemnity bond of standby letter of credit required under §B(2)(c) of this regulation and the amount of the financial obligation discharged by the court.

[C.] D. Interim Per Diem Rates. (1) [The new owner] If the Program approves the purchaser’s

provider application and issues the purchaser a participating number, the purchaser shall have new interim per diem rates established within 90 days after the date of the change of ownership applicable retroactively to the date of the change of ownership, provided that statistical data, a projected budget, and a monthly

amortization schedule for the debt (if investor owned) are submitted to the Department or its designee within 60 days after the date of the change of ownership.

(2)—(3) (text unchanged) [D.] E.—[E.] F. (text unchanged)


Subtitle 32 BOARD OF PHYSICIANS

10.32.03 Delegation of Duties by a Licensed Physician — Physician Assistant

Health Occupations Article, §§14-205, 14-306, [15-101, 15-103, 15-203, 15-205, 15-206, 15-301, 15-302, 15-302.1, 15-302.2, 15-302.3, 15-303, 15-307,

15-309, 15-310, and 15-314] and 15-101—15-403, Annotated Code of Maryland


The Secretary of Health and Mental Hygiene proposes to amend Regulations .01—.04, .08—.12, .15, and .16, repeal existing Regulations .05—.07, .13, and .14, and adopt new Regulations .05—.07, .13, and .14 under COMAR 10.32.03 Delegation of Duties by a Licensed Physician — Physician Assistant. This action was considered by the Board of Physicians at a public meeting held on October 27, 2010, notice of which was given by publication in 37:21 Md. R. 1475 (October 8, 2010), pursuant to State Government Article, §10-506(c)(1), Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to reflect changes from Ch. 274, Acts

of 2010, including: (1) Use of the term “licensure” in place of “certification”; (2) Changes in delegation agreement requirements; (3) Changes in the Physician Assistant Advisory Committee; (4) Allowing physician assistants to dispense starter dosages

and sample drugs; (5) Increasing the number of physician assistants who can be

supervised by a licensed physician; and (6) Other changes related to physician assistants.

In addition, the proposal also includes an increase in the fees charged for services.


Estimate of Economic Impact I. Summary of Economic Impact. The proposal includes an

increase in licensure fees for physician assistants. The fees will go into the Board of Physicians Fund which is used to defray all costs of running licensure and disciplinary programs for the licensed professionals regulated by the Board.

Revenue (R+/R-)









D. On regulated industries or

trade groups: (-) $204,000




A. Increased fee revenue for physician assistants applying for initial licensure, reinstatement, or renewal of their Maryland license.

Initial license: Current fee $150 Increase in fee $50 × # in 12 months 300 = Total initial license fee

increase for 12 months $15,000 Reinstatement: Current fee $75 Increase in fee $125 × # in 12 months 50 = Total reinstatement fee

increase for 12 month $6,250 Renewals: Current fee 50 Increase in fee $85 × # in 12 months 2,150 = Total renewal fee

increase for 12 month $182,750 Total fee increase for 12-month period: $15,000 + $6,250 +

$182,750 = $204,000

D. Applicants will bear the cost of the fee increases.


businesses.


Opportunity for Public Comment Comments may be sent to Michele Phinney, Director, Office of

Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 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 August 1, 2011. A public hearing has not been scheduled.

.01 Scope. A. [These regulations govern] This chapter governs the practice of

physician assistants and the delegation of medical acts by a physician to a physician assistant.

B. [These regulations do] This chapter does not prohibit: (1) A student from performing any of the procedures described

in these regulations as part of an [approved] accredited school’s clinical curriculum; [and]

(2) An individual from practicing a health occupation that the individual is authorized to practice under Health Occupations Article, Annotated Code of Maryland; or

(3) A physician assistant employed by the federal government from performing duties incident to that employment.

.02 Definitions. A. (text unchanged) B. Terms Defined.

(1) “Accredited” means accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor.

(2) “Advanced duties” means medical acts that require additional training beyond the basic physician assistant education program required for licensure.

[(1)] (3) “Alternate supervising physician” means one or more physicians designated by the primary supervising physician to provide supervision [when the primary supervising physician is not immediately available] in accordance with the delegation agreement on file with the Board.

(4) “Ambulatory surgical facility” means a facility: (a) Accredited by:

(i) The American Association for Accreditation of Ambulatory Surgical Facilities;

(ii) The Accreditation Association for Ambulatory Health Care; or

(iii) The Joint Commission on the Accreditation of Health Care Organizations; or

(b) Certified to participate in the Medicare Program, as enacted by Title XVIII of the Social Security Act.

[(2)] (5) “Applicant” means an individual who applies to the State Board of Physicians for [certification] licensure as a physician assistant, or for approval of a delegation agreement.

[(3) “Authorized” means a written or oral communication to the physician assistant.]

[(4)] (6)—[(5)] (7) (text unchanged) [(6) “Category II hours” means hours of continuing medical

education given for participation in activities relevant to the practice of physician assistant duties which are not formally organized.

(7) “Cause of termination related to a quality of care issue” means an act that is prohibited conduct as described in Regulation .11B(3)—(9), (13), (15), (16), (18), (22), (24), (25), and (27) of this chapter.]

(8)—(9) (text unchanged) (10) “Core duties” means medical acts that are included in the

standard curricula of accredited physician assistant education programs.

[(10)] (11)—[(12)] (13) (text unchanged) (14) “Dispense” means to dispense starter dosages or drug

samples. (15) “Drug sample” means a unit of a prescription drug that is

intended to promote the sale of the drug and is not intended for sale. [(13)] (16) “English-speaking professional school” means a

school [that]: (a) That offers a degree after graduation from high

school[,and is]; (b) That is in the United States, its territories and

possessions, or the British Commonwealth[,]; and [where] (c) Where all academic and clinical courses are taught in

English. [(14)] (17) “Hospital” means:

(a) (text unchanged) (b) A comprehensive care facility that:

(i) Meets the requirements of a hospital-based skilled nursing facility under 42 U.S.C. §1395i-3[,]; and

(ii) Offers acute care in the same building [, and (iii) Has the same protocols and degree of supervision of

physician assistants as it does in its acute care area]; and (c) An emergency room that is physically connected to a

hospital or a freestanding medical facility that is licensed under Health-General Article, Title 19, Subtitle 3A, Annotated Code of Maryland.

[(15) “In a hospital” means that patient care physically occurs in a hospital.]

(18) “Joint Commission” means the organization formerly known as the Joint Commission on Accreditation of Health Care Organizations.



[(16)] (19)—[(17)] (20) (text unchanged) [(18)] (21) “Physician” means an individual who is

[authorized] licensed by the Board to practice medicine. [(19)] (22) “Physician assistant” means an individual who is

[certified] licensed to [perform delegated medical acts under the supervision of the supervising physician] practice medicine with physician supervision.

[(20)] (23) “Practice as a physician assistant” means the performance of [delegated] medical acts [as described in Health Occupations Article, §15-301, Annotated Code of Maryland.] that are:

(a) Delegated by a supervising physician to a physician assistant;

(b) Within the supervising physician’s scope of practice; and (c) Appropriate to the physician assistant’s education,

training, and experience. [(21)] (24) “Prescriptive authority” means the authority

delegated by a supervising physician to a physician assistant to: (a) Prescribe and administer:

(i)—(ii) (text unchanged) (iii) Medical devices; [and]

(b) Give verbal, written, or electronic orders for medications; and

(c) Dispense starter dosages or drug samples. [(22)] (25) “Primary supervising physician” means a physician

who [, by signing the application to the board, accepts full responsibility for the physician assistant’s medical activities and professional conduct at all times, whether the physician personally is providing supervision or the supervision is being provided by an alternate supervising physician.]:

(a) Completes a delegation agreement that meets the requirements under Health Occupations Article, §§15-301(d) and (e) and 15-302, Annotated Code of Maryland;

(b) Acts as the physician responsible to ensure that a physician assistant practices medicine in accordance with Health Occupations Article, Title 15, Annotated Code of Maryland and this chapter;

(c) Ensures that a physician assistant practices within the scope of practice of the primary supervising physician or a designated alternate supervising physician, as specified in Regulation .07A(4) of this chapter; and

(d) Ensures that a list of alternate supervising physicians is maintained at the practice setting, as specified in Regulation .07A(3) of this chapter.

(26) “Privileging process” means the review process used by a special facility to determine:

(a) Whether a physician assistant may practice; and (b) Which advanced duties the physician assistant may

perform in a special facility. [(23)] (27) “Public health facility” means a [fixed] site where

clinical public health services are rendered under the auspices of the Department, a local health department in a county, or the Baltimore City Health Department.

(28) “Special facility” means a hospital or ambulatory surgical facility which meets all of the following criteria:

(a) The facility has reviewed the credentials of the supervising physician as a condition of employment, as an independent contractor, or as a member of the medical staff;

(b) The facility has reviewed the credentials of the physician assistant as a condition of employment, as an independent contractor, or as a member of the medical staff; and

(c) The governing body of the facility has reviewed and approved the physician assistant’s performing of the advanced duty in accord with a privileging process.

(29) “Starter dosage” means an amount of a drug sufficient to begin therapy:

(a) Of short duration of 72 hours or less; or (b) Before obtaining a larger quantity of the drug to

complete therapy. [(24) “Supervising physician” means a physician who:

(a) Has been approved to supervise one or more physician assistants; and

(b) Serves as a primary supervising physician or as an alternate supervising physician.]

[(25)] (30) (text unchanged) (31) “Training” means the education or on-the-job training a

physician assistant: (a) Receives after initial licensure as a physician assistant;

and (b) Requires to perform advanced duties.

.03 Physician Assistant Advisory Committee. A.—B. (text unchanged) C. Vacancy. If a vacancy occurs as to a physician or physician

assistant, the Board shall appoint a new member in the same category [to serve as provided by Health Occupations Article, §15-202(a)(4), Annotated Code of Maryland, for the appointment of the particular member].

D.—E. (text unchanged) F. The Committee shall:

(1) [Review all] Upon request, review selected applications for [certification] licensure, renewal, or reinstatement of physician assistants[, applications for renewals and reinstatement,] and make recommendations to the Board as to what action to take on the applications;

(2) Review each delegation agreement which requires prior approval by the Board and [may], as needed, interview each physician assistant and supervising physician to make recommendations to the Board;

(3) Make recommendations to the Board regarding regulations governing physician assistants; and

[(4) Investigate complaints against physician assistants as referred to the Committee by the Board; and]

[(5)] (4) (text unchanged) G. (text unchanged)

.04 Qualifications for [Certification] Licensure as a Physician Assistant.

A. Application. Applicants shall: (1)—(3) (text unchanged) (4) Be of good moral character [, and identify two individuals

who have known the applicant for 5 years and can attest to the applicant’s reputation for honesty and credibility]; and

(5) Demonstrate oral and written competency in English by one or more of the following:

[(a) Graduating from an English-speaking professional school, or

(b) Receiving a grade of: (i) 220 on the Test of Spoken English taken before July

1995, or a score of at least 50 on tests taken beginning July 1995, as determined by the Board; and

(ii) 550 on the paper and pencil or a score of at least 213 on the computer-based Test of English as a Foreign Language, Test P.]

(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; 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. B. Education.

[(1) Before October 1, 2003, an applicant shall be a graduate from a physician assistant training program that is:

(a) Accredited by the Commission on Accreditation of Allied Health Education Programs or its successor; or

(b) Equivalent to a program accredited by the Commission on Accreditation of Allied Health Education Programs or its successor, and approved by the Board.

(2) After October 1, 2003, an applicant shall: (a) Be a graduate from a physician assistant training

program; and (b) Have the following:

(i) A baccalaureate degree; or (ii) The education equivalent to a baccalaureate degree as

determined by the Board.] (1) An applicant who passed the physician assistant certifying

examination administered by the National Commission on Certification of Physician Assistants before 1986 is not required to meet the education requirements specified in §B(2) or (3) of this regulation if both of the following are true:

(a) The applicant has met the continuing education requirements and recertification requirements of the National Commission on Certification of Physician Assistants on a continuous basis since passing the examination; and

(b) The applicant has been employed and practicing as a physician assistant on a continuous basis since passing the examination.

(2) Except as specified in §B(1) of this regulation, an applicant shall graduate from a physician assistant educational program that was accredited at the time of graduation by the Commission on Accreditation of Allied Health Education Programs, the Accreditation Review Commission on the Education for the Physician Assistant, or their successors.

(3) In addition to the requirement specified in §B(2) of this regulation, an applicant who graduates from a physician assistant training program after October 1, 2003, shall have one of the following:

(a) A bachelor’s degree; or (b) At least 120 credit hours of education at the college or

university level. C. Examination. An applicant shall[:

(1) Pass] pass the national certifying examination for physician assistants given by the NCCPA or [an equivalent national certifying examination approved by the Board;

(2) Receive 100 percent of the minimal composite NCCPA score, after adjustment for error, in order to pass the examination, or the equivalent score on an equivalent examination; and

(3) Waive the applicant’s right to confidentiality of the grade in order that the testing service may submit the grade to the Board] its successor.

D. Primary Source Verification. The Board may accept the Federation Credential Verification Service for primary source verification of a physician assistant’s [core credentials] education and examination.

.05 Delegation Agreements — Contents. A. Before a physician may delegate medical acts and before a

physician assistant may perform medical acts, the physician assistant and primary supervising physician shall submit to the Board:

(1) A delegation agreement on the Board-approved form; and

(2) The required fee as specified in Regulation .16 of this chapter.

B. The delegation agreement shall include the following information:

(1) The primary supervising physician’s Maryland license number;

(2) A description of the supervising physician’s qualifications to supervise a physician assistant;

(3) The physician assistant’s Maryland license number; (4) The location and settings where the physician assistant will

practice; (5) The scope of the primary and alternate physicians’

practices; (6) The delegated medical acts which the physician assistant

will perform, including: (a) Core duties; and (b) Advanced duties;

(7) A description of the continuous supervision mechanisms that the primary supervising physician will use;

(8) A description of how the physician assistant’s performance will be evaluated; and

(9) Any other information deemed necessary by the Board to carry out the provisions of Health Occupations Article, Title 15, Annotated Code of Maryland.

C. The primary supervising physician shall make the following attestations as a part of the delegation agreement:

(1) All medical acts to be delegated to the physician assistant are within the scope of practice of the primary or alternate supervising physician and appropriate to the physician assistant’s education, training, and level of competence;

(2) The primary supervising physician will utilize the mechanisms of continuous supervision as described in the delegation agreement;

(3) The primary supervising physician will accept responsibility for any care given by the physician assistant;

(4) The primary supervising physician will respond in a timely manner when contacted by the physician assistant; and

(5) The primary supervising physician may not supervise more than four physician assistants at any one time, except as permitted in a:

(a) Hospital; (b) Correctional facility; (c) Detention center; or (d) Public health facility.

D. Except as provided in §E of this regulation, if a delegation agreement includes delegation of one or more advanced duties, the delegation agreement shall include the following additional information and documentation:

(1) In a special facility: (a) A description of the advanced duty and the education,

training, and experience that qualifies the physician assistant to perform the advanced duty; and

(b) A copy of the approved delineation of duties from the governing board of the health care facility stating that the physician assistant has been approved by the facility to perform the advanced duty; or

(2) In a setting other than a special facility: (a) A description of the advanced duties to be delegated; (b) Documentation of the specialized education, training, or

experience received by the physician assistant in order to perform the advanced duties;

(c) The level of supervision that the primary supervising physician will use when the physician assistant is performing the advanced duty; and



(d) Documentation described in of Regulation .06F of this chapter if the delegation agreement includes a request for a temporary practice letter allowing the physician assistant to perform an advanced duty before approval by the Board.

E. If a delegation agreement includes the delegation of general anesthesia or neuroaxial anesthesia, the delegation agreement shall include all of the information specified in §D(2) of this regulation.

.06 Delegation Agreements — Approval. A. Review by the Board.

(1) The Board may review a delegation agreement filed under Regulation .05 of this chapter.

(2) The Board may disapprove a delegation agreement or delegation of an advanced duty based upon:

(a) Licensure or compliance issues with the primary supervising physician or the physician assistant;

(b) Failure of the delegation agreement to meet the requirements of:

(i) Health Occupations Article, Title 15, Subtitle 3, Annotated Code of Maryland; or

(ii) Regulation .05 of this chapter; or (c) Belief that the physician assistant cannot safely perform

the delegated duty. (3) If the Board disapproves the delegation under §A(2) or

C(1) of this regulation, the primary supervising physician and physician assistant may appeal the decision using the procedure described in Regulation .12 of this chapter.

(4) Upon notification by the Board that a delegation agreement or an advanced duty has been denied, the physician assistant shall immediately cease to practice under the agreement or perform the advanced duty.

B. Core Duties. (1) Upon receipt of a delegation agreement at the Board of

Physicians, a physician may delegate and a physician assistant may perform delegated core medical acts.

(2) The Board shall notify the primary supervising physician and the physician assistant of the Board’s receipt of the delegation agreement.

C. General Anesthesia and Neuroaxial Anesthesia. (1) Regardless of setting or other factors, a supervising

physician may not delegate and a physician assistant may not perform general anesthesia or neuroaxial anesthesia before the Board has approved the delegation.

(2) The Board shall provide written notification of approval or disapproval of the delegation under §C(1) of this regulation.

(3) If the Board disapproves the delegation under §C(1) of this regulation, the primary supervising physician and physician assistant:

(a) Shall immediately cease to perform the advanced duty; and

(b) May appeal the decision using the procedure described in Regulation .12 of this chapter.

D. Advanced Duties in a Special Facility. (1) Upon receipt of a delegation agreement at the Board of

Physicians, a physician may delegate and a physician assistant may perform delegated core medical acts and advanced duties that have been approved through the special facility’s privileging process.

(2) The Board shall notify the physician assistant and the primary supervising physician that the Board received the delegation agreement.

(3) If the Board disapproves a delegation agreement under §D(1) of this regulation, the primary supervising physician and physician assistant:



E. Advanced Duties in Settings or Facilities Other than Special Facilities.

(1) Upon receipt of a delegation agreement under which a physician assistant will perform one or more advanced duties in a location other than a special facility, the Board shall forward the agreement to the Committee and request that the Committee make a recommendation to the Board.

(2) The Committee shall present its recommendation to the Board for consideration.

(3) If the Board disapproves the delegation under §E(1) of this regulation, the primary supervising physician and physician assistant:



F. Temporary Practice Letter. (1) Eligibility. A primary supervising physician who has

submitted a delegation agreement under §E(1) of this regulation for approval to perform one or more advanced duties in a setting other than a special facility is eligible for a temporary practice letter if the primary supervising physician and the physician assistant meet the following criteria:

(a) The Board previously approved the physician assistant to perform the advanced duty; and

(b) The Board previously approved the primary supervising physician to supervise a physician assistant in the performance of the advanced duty.

(2) Process. An applicant who is requesting a temporary practice letter shall:

(a) Indicate on the delegation agreement that a temporary practice letter is requested;

(b) Include the name of the physician, the name of the physician assistant, and the date of the delegation agreement which satisfies the requirements of §F(1)(a) of this regulation; and

(c) Include the name of the physician, the name of the physician assistant, and the date of the delegation agreement which satisfies the requirements of §F(1)(b) of this regulation.

(3) Approval. Issuance of a temporary practice letter by Board staff entitles the physician assistant to work in accordance with the proposed delegation agreement until:

(a) Notification that the proposed delegation agreement has been denied by the Committee or the Board; or

(b) Notification that the proposed delegation agreement has been approved by the Board.

G. To the extent practicable, the Board shall approve a delegation agreement or take other action with respect to a delegation agreement within 90 days after receiving a completed delegation agreement including any information from the physician assistant and primary supervising physician.

.07 Supervising Physicians. A. A primary supervising physician shall:

(1) File a delegation agreement with the Board, as required under Regulations .05 and .06 of this chapter;

(2) Accept responsibility for any medical acts performed by the physician assistant;

(3) Provide continuous supervision of the physician assistant by means of one or more of the following:

(a) On-site supervision; (b) Written instructions; (c) Electronic communication; or



(d) Assignment of one or more alternate supervising physicians by one of the following means:

(i) In a hospital, correctional facility, detention center, or public health facility, by ensuring the maintenance of a list of alternate supervising physicians with signed confirmation that each alternate understands and accepts his role as an alternate supervising physician; or

(ii) In any other location, through designation of the alternate on the delegation agreement sent to the Board;

(4) Delegate only medical acts that: (a) Are within the scope of practice of the primary

supervising physician or an alternate supervising physician; and (b) Are suitable to be performed by the physician assistant,

taking into account the physician assistant’s: (i) Education; (ii) Training; and (iii) Level of competence;

(5) Obtain approval for the delegation of any advanced duties as specified in Regulation .06C, D, or E of this chapter;

(6) Except in hospitals, detention centers, correctional facilities, and public health facilities, supervise no more than four physician assistants at one time; and

(7) Report the termination of a delegation agreement for any reason to the Board within 5 days, providing the following information:

(a) Name and license number of primary supervising physician and physician assistant; and

(b) Reason for termination, including a description of conduct or incident that resulted in the termination.

B. An alternate supervising physician shall: (1) Supervise the physician assistant according to the

delegation agreement filed with the Board by the primary supervising physician and the physician assistant;

(2) Except in hospitals, detention centers, correctional facilities, and public health facilities, supervise no more than four physician assistants at one time; and

(3) Accept supervisory responsibility for periods of time not to exceed the lesser of:

(a) The time period specified in the delegation agreement; or

(b) 45 consecutive days. C. Life-Threatening, Chronic, Degenerative, or Disabling

Condition. A patient being treated regularly for a life-threatening, chronic, degenerative, or disabling condition shall be seen initially by the supervising physician and as frequently as the patient’s condition requires, but no less than within every five appointments or within 180 days, whichever occurs first.

D. Sudden Departure of the Primary Supervising Physician. (1) In the event of the sudden departure, incapacity, or death of

a primary supervising physician, a designated alternate supervising physician may assume the role of primary supervising physician in order to provide continuity of care for the patients of the former supervising physician.

(2) A physician who assumes the responsibility of primary supervising physician under §C(1) of this regulation shall submit a complete delegation agreement to the Board within 15 days of assuming the responsibility.

.08 Prescriptive Authority and Dispensing Starter Dosage or Drug Samples.

A. In order for a primary supervising physician to delegate prescriptive authority, the primary supervising physician shall ensure that the delegation agreement includes:

[A.] (1) A statement describing whether the physician intends to delegate any of the following:

[(1)] (a) Prescribing of:

[(a)] (i)—[(b)] (ii) (text unchanged) [(c)] (iii) Medical devices;[and]

[(2)] (b) Giving verbal, written, or electronic orders for medications; and

(c) Dispensing starter dosages or drug samples; [B.] (2)—[D.] (4) (text unchanged) [E.] (5) [Evidence demonstrating] An attestation that the

physician assistant has: [(1)] (a) [Passage of] Passed the physician assistant national

certification exam administered by the National Commission on the Certification of Physician Assistants, Inc. within the previous 2 years; or

[(2)] (b) [Successful completion of] Completed 8 Category I hours of pharmacology education within the previous 2 years; and

[F.] (6) [Evidence demonstrating] An attestation that the physician assistant has at least one of the following:

[(1)] (a)—[(2)] (b) (text unchanged) B. Dispensing of Drug Samples and Starter Dosages of Drugs by

Physician Assistant. (1) A drug sample or starter dosage shall meet the following

criteria before a physician assistant may dispense the drug sample or starter dosage:

(a) Package is labeled as required by Health Occupations Article, §12-505, Annotated Code of Maryland; and

(b) No charge is made for the drug sample or starter dosage.

(2) A physician assistant shall enter an appropriate note in the patient’s medical record.

(3) A physician assistant may not delegate dispensing of drug samples or starter dosages.

.09 Renewal, [and] Reinstatement, and Continuing Education. A. Renewal. [(1)] To renew a physician assistant’s [certification] license, the

applicant shall: [(a) Meet the requirements of Health Occupations Article,

§15-307, Annotated Code of Maryland;] [(b)] (1)—[(c)] (2) (text unchanged)

[(d) Complete 100 hours of approved continuing education requirements every 2 years, of Category I or Category II hours, or both, at least 40 of which shall be Category I hours; and

(e) Complete a course on the special care needs of terminally ill patients and their families which shall include topics related to:

(i) Pain and symptom management, (ii) The psychosocial dynamics of death, (iii) Dying and bereavement, and (iv) Hospice care.

(2) Proof of compliance with §A(1)(d) of this regulation can be met by submitting proof of completion of:

(a) The requirements set for §A(1)(d) of this regulation by the NCCPA for the current year; or

(b) Category I hours. (3) The continuing education requirement applies to all renewal

applications after the first renewal.] (3) Attest to completion of continuing education activities as

specified in §D of this regulation; and (4) Meet any additional requirements set by the Board for

renewal of a license. B. Reinstatement. To be reinstated, the applicant shall:

[(1) Meet the requirements of Health Occupations Article, §15-308, Annotated Code of Maryland;]

[(2)] (1) (text unchanged)



[(3)] (2) Pay an [applicant] application fee as defined in Regulation .16 of this chapter; [and]

[(4) Demonstrate that the applicant has completed 100 hours of approved continuing education requirements in the previous 2 years as described in §A of this regulation or take and successfully pass the examination for certification as described in Regulation .04C of this chapter. ]

(3) Submit evidence of completion of continuing education activities as specified in §D of this regulation; and

(4) Meet any additional requirements set by the Board for reinstatement of a license.

C. (text unchanged) D. Continuing Education.

(1) Except as specified in §D(2) of this regulation, in order to renew or reinstate a license under §A or B of this regulation, a physician assistant shall complete at least 50 hours of continuing education consisting of:

(a) A minimum 8 hours of Category 1 education on pharmacology topics earned within the 2 years preceding the date of the application for renewal or reinstatement; and

(b) In addition to the continuing education hours specified in §D(1)(a) of this regulation, a minimum of 42 hours of Category I continuing education activities within the 2 years preceding the date of the application for renewal or reinstatement.

(2) A physician assistant who is renewing a license as a physician assistant for the first time since either initial licensure or reinstatement of a license:

(a) Shall meet the requirement of §D(1)(a) of this regulation; and

(b) Is not required to meet the requirement specified in §D(1)(b) of this regulation.

(3) Documentation of Continuing Education. (a) A physician assistant shall obtain documentation of

attendance at Category I continuing education and retain the documentation for 6 years.

(b) The documentation shall contain, at a minimum, the following information:

(i) Program title; (ii) Sponsor’s name; (iii) Physician assistant’s name; (iv) Inclusive date or dates and location of the program; (v) Category I designation and the number of continuing

education hours earned; and (vi) Documented verification that the physician assistant

attended the program by stamp, signature, printout, or other official proof.

(c) Proof of maintenance of certification by the National Commission on Certification of Physician Assistants may be used to document compliance with the continuing education requirement.

(4) The Board may request a physician assistant to submit evidence of having met the continuing education requirements specified in this regulation.

(5) If a physician assistant cannot demonstrate completion of the required continuing education credit hours, the Board may impose a civil penalty of up to $100 per missing continuing education credit hour.

.10 Identification as Physician Assistant. A. A physician assistant shall:

(1) Wear an identification tag or badge which identifies that individual as a physician assistant; [and]

(2) Identify himself or herself to all patients as a physician assistant; and

(3) Maintain a copy of the physician assistant’s license and currently approved delegation agreement at the primary place of business of the licensee.

B. An individual may not identify himself or herself as a physician assistant unless [certified] licensed by the Board.

.11 Prohibited Conduct. [A. Prohibited conduct is the conduct listed in Health Occupations

Article, §15-314, Annotated Code of Maryland.. B. Prohibited conduct under Health Occupations Article, §14-404,

Annotated Code of Maryland, includes the following: (1) Fraudulently or deceptively obtaining or attempting to

obtain a certificate for the applicant or certificate holder or for another;

(2) Fraudulently or deceptively using a certificate; (3) Being guilty of unprofessional or immoral conduct in the

practice as a physician assistant; (4) Being professionally, physically, or mentally incompetent; (5) Abandoning a patient; (6) Habitually being intoxicated; (7) Being addicted to, or habitually abusing, any narcotic or

controlled dangerous substance as defined in Criminal Law Article, Annotated Code of Maryland;

(8) Providing professional services while: (a) Under the influence of alcohol, or (b) Using any narcotic or controlled dangerous substance, as

defined in Criminal Law Article, Annotated Code of Maryland, or using any other drug that is in excess of therapeutic amounts, or without valid medical indication;

(9) Promoting the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(10) Willfully making or filing a false report or record in the practice as a physician assistant;

(11) Willfully failing to file or record any report as required under law, willfully impeding or obstructing the filing or recording of the report, or inducing another to fail to file or record the report in practice as a physician assistant;

(12) Making a willful misrepresentation in treatment; (13) Breaching patient confidentiality; (14) Paying or agreeing to pay any sum to an individual for

bringing or referring a patient, or accepting or agreeing to accept any sum from an individual for bringing or referring a patient;

(15) Practicing as a physician assistant with an unauthorized person or aiding an unauthorized person in practice as a physician assistant;

(16) Offering, undertaking, or agreeing to cure or treat disease by a secret method, treatment, or medicine;

(17) Being disciplined by a licensing or disciplinary authority or convicted or disciplined by a court of any state or country or 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 regulation;

(18) Failing to meet appropriate standards for the delivery of medical or surgical care performed in an outpatient facility, office, hospital, related institution, domiciliary care, patient’s home, or any other location in this State;

(19) Knowingly submitting false statements to collect fees for which services are not provided;

(20) Having 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 this section and having:

(a) Surrendered the certificate issued by the state or country to the state or country, or



(b) Allowed the certificate issued by the state or country to expire or lapse;

(21) Knowingly failing to report suspected child abuse in Family Law Article, §5-704, Annotated Code of Maryland;

(22) Selling, prescribing, giving away, or administering drugs of illegal or illegitimate purposes;

(23) Failing to comply with these regulations; (24) Practicing beyond the authorized scope of practice; (25) Performing delegated medical acts without the supervision

of a physician; (26) Being convicted of or pleading guilty or nolo contendere

with respect to a crime involving moral turpitude whether any appeal or other proceeding is pending to have the conviction or plea set aside;

(27) Refusing, withholding from, denying, or discriminating against an individual with regard to the provision of professional services for which the certification is certified and qualified to render because the individual is HIV positive; or

(28) Failing to fulfill a public service requirement assignment within 1 year from when the assignment began, that was a condition of the applicant or the certificate holder in receiving State or federal loans or scholarships for the applicant’s or certificate holder’s education as a physician assistant.]

A. The Board may deny a license, reprimand a physician assistant, place a physician assistant on probation, or suspend or revoke a license if the physician assistant:

(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or the licensee or for another;

(2) Fraudulently or deceptively uses a license; (3) Is guilty of:

(a) Immoral conduct in the practice of medicine; or (b) Unprofessional conduct in the practice of medicine;

(4) Is professionally, physically, or mentally incompetent; (5) Solicits or advertises in violation of Health Occupations

Article, §14-503, Annotated Code of Maryland; (6) Abandons a patient; (7) Is habitually intoxicated; (8) Is addicted to, or habitually abuses, any narcotic or

controlled dangerous substance as defined in Criminal Law Article, §5-101, Annotated Code of Maryland;

(9) Provides professional services: (a) While under the influence of alcohol; or (b) While using any narcotic or controlled dangerous

substance, as defined in Criminal Law Article, §5-101, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(11) Willfully makes or files a false report or record in the practice of medicine;

(12) Willfully fails to file or record any medical 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;

(13) On proper request, and in accordance with the provisions of Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland, fails to provide details of a patient’s medical record to the patient, another physician, or hospital;

(14) Solicits professional patronage through an agent or other person or profits from the acts of a person who is represented as an agent of the physician assistant;

(15) Pays or agrees to pay any sum to any person for bringing or referring a patient or accepts or agrees to accept any sum from any person for bringing or referring a patient;

(16) Agrees with a clinical or bioanalytical laboratory to make payments to the laboratory for a test or test series for a patient, unless the licensed physician assistant discloses on the bill to the patient or third-party payor:

(a) The name of the laboratory; (b) The amount paid to the laboratory for the test or test

series; and (c) The amount of procurement or processing charge of the

licensed physician, if any, for each specimen taken; (17) Makes a willful misrepresentation in treatment; (18) Practices medicine with an unauthorized person or aids an

unauthorized person in the practice of medicine; (19) Grossly over-utilizes health care services; (20) Offers, undertakes, or agrees to cure or treat disease by a

secret method, treatment, or medicine; (21) Is disciplined by a licensing or disciplinary authority or

convicted or disciplined by a court of any state or country or 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, §15-314, Annotated Code of Maryland;

(22) Fails to meet appropriate standards as determined by appropriate peer review for the delivery of quality medical and surgical care performed in an outpatient surgical facility, office, hospital, or any other location in this State;

(23) Willfully submits false statements to collect fees for which services are not provided;

(24) Was 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 this regulation and the licensee:

(a) Surrendered the license issued by the state or country to the state or country; or

(b) Allowed the license issued by the state or country to expire or lapse;

(25) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland;

(26) Fails to educate a patient being treated for breast cancer of alternative methods of treatment as required by Health-General Article, §20-113, Annotated Code of Maryland ;

(27) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes;

(28) Fails to comply with the provisions of Health Occupations Article, §12-102, Annotated Code of Maryland;

(29) 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;

(30) Except as to an association that has remained in continuous existence since July 1, 1963:

(a) Associates with a pharmacist as a partner or co-owner of a pharmacy for the purpose of operating a pharmacy;

(b) Employs a pharmacist for the purpose of operating a pharmacy; or

(c) Contracts with a pharmacist for the purpose of operating a pharmacy;

(31) Except in an emergency life-threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions;

(32) Fails to display the notice required under Health Occupations Article, §14-415, Annotated Code of Maryland;

(33) Fails to cooperate with a lawful investigation conducted by the Board;



(34) Is convicted of insurance fraud as defined in Insurance Article, § 27-801, Annotated Code of Maryland;

(35) Is in breach of a service obligation resulting from the applicant’s or licensee’s receipt of State or federal funding for the licensee’s medical education;

(36) Willfully makes a false representation when seeking or making application for licensure or any other application related to the practice of medicine;

(37) By corrupt means, threats, or force, intimidates or influences, or attempts to intimidate or influence, for the purpose of causing any person to withhold or change testimony in hearings or proceedings before the Board or those otherwise delegated to the Office of Administrative Hearings; or

(38) By corrupt means, threats, or force, hinders, prevents, or otherwise delays any person from making information available to the Board in furtherance of any investigation of the Board.

[C.] B. (text unchanged)

.12 Modification or Disapproval of Delegation Agreements. A. When the Board [modifies or] disapproves a delegation

agreement, [because the physician assistant does not meet the applicable education, training, or experience requirements to perform specified delegated acts] or a request to perform an advanced duty, the Board shall:

(1)—(2) (text unchanged) (3) Give the applicant an opportunity to request a hearing

before [a panel of] the Board. B. Hearings Before [a Panel of] the Board.

(1) To request a hearing before [a panel of] the Board, the applicant shall make a written request for a hearing before [a panel of] the Board within 30 days of the receipt of the notice of [modification or] disapproval.

(2) (text unchanged) (3) The hearing before [the panel of] the Board shall be limited

to 90 minutes and the applicant may: (a)—(b) (text unchanged)

[(4) The panel of the Board shall make recommendations to the full Board.]

[(5)] (4) After the hearing [before the panel of the Board], the Board shall:

(a)—(b) (text unchanged) [(6)] (5) (text unchanged)

.13 Reports by Employer and Primary Supervising Physician. A. Except as provided in §B of this regulation, a hospital, related

institution, alternative health care system, employer, and primary supervising physician shall file with the Board a report that the hospital, related institution, alternative health system, employer, or primary supervising physician limited, reduced, otherwise changed, or terminated any licensee for any reason that might be grounds for disciplinary action under Regulation .11 of this chapter or Health Occupations Article, Titles 14 and 15, Annotated Code of Maryland.

B. Exception. A hospital, related institution, alternative health system, or employer that has reason to know that a licensee has committed an action or has a condition that might be grounds for reprimand or probation of the licensee or suspension or revocation of the licensure because the licensee is alcohol impaired or drug impaired is not required to report the licensee to the Board if:

(1) The hospital, related institution, alternative health system, or employer knows that the licensee is:

(a) In an alcohol or drug treatment program that is accredited by the Joint Commission or is certified by the Department of Health and Mental Hygiene; or

(b) Under the care of a health care practitioner who is competent and capable of dealing with alcoholism and drug abuse;

(2) The hospital, related institution, alternative health system, or employer is able to verify that the licensee remains in the treatment program until discharge; and

(3) The action or condition of the licensee or holder of a temporary license has not caused injury to any person while the licensee or holder of a temporary license is practicing.

C. Notice by Licensee. (1) If the licensee enters, or is considering entering, an alcohol

or drug treatment program that is accredited by the Joint Commission or that is certified by the Department of Health and Mental Hygiene, the licensee shall notify the hospital, related institution, alternative health system, employer, or primary supervising physician of the licensee’s or holder’s decision to enter the treatment program.

(2) If the licensee fails to provide the notice required under §C(1) of this regulation, and the hospital, related institution, alternative health system, employer, or primary supervising physicians learns that the licensee has entered a treatment program, the hospital, related institution, alternative health system, employer, or primary supervising physician shall report to the Board that the licensee has entered a treatment program and has failed to provide the required notice.

(3) If the licensee is found to be noncompliant with the treatment program’s policies and procedures while in the treatment program, the treatment program shall notify the hospital, related institution, alternative health system, employer, or primary supervising physician of the licensee’s noncompliance.

.14 Examination and Audit of Physician Assistant Practice. A. Examination.

(1) The Board may direct a physician assistant who is an applicant or licensee to submit to an appropriate examination to determine the physician assistant’s physical, mental, or professional ability to perform delegated medical acts.

(2) A physician assistant is deemed to have consented to an examination and waived any claim to privilege as to the examination report.

(3) The unreasonable failure or refusal of an applicant or licensee to submit to an examination is:

(a) Prima facie evidence that the physician assistant cannot perform delegated medical acts; and

(b) Cause for denial of an application or suspension of a license.

B. Entry. (1) The executive director of the Board or other authorized

representative or investigator may enter at any reasonable hour a place of business of a physician or physician assistant or into public premises:

(a) For the purpose of an audit to verify general compliance with the Maryland Physician Assistants Act; or

(b) To investigate an allegation with respect to a physician assistant.

(2) A person may not deny or interfere with an entry under §B(1) of this regulation.

(3) A person who violates any provision of §B(1) of this regulation is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

C. Audit. (1) The Board’s representatives may require a physician,

physician assistant, or facility where the physician assistant is employed or practicing to provide access to any records relating to the physician assistant’s employment, credentialing, and practice and any medical records of patients seen by the physician assistant.



(2) The Board’s representative shall refer possible compliance issues to:

(a) The compliance section of the Board; or (b) An outside agency that has jurisdiction over a facility.

.15 Practice During a Disaster. A. A physician assistant [certified] licensed in this State or in any

other state is authorized to perform acts, tasks, or functions as a physician assistant under the supervision of a physician licensed to practice medicine in Maryland during a disaster within a county in which a state of disaster has been declared by the Governor, or counties contiguous to a county in which a state of disaster has been declared, in accordance with Public Safety Article, [§§14-107 and 14-111] §14-107, Annotated Code of Maryland.

B. The physician assistant shall notify the Board in writing of the names, practice locations, and telephone numbers for the physician assistant and each primary supervising physician within [15] 30 days of the first performance of medical acts, tasks, or functions as a physician assistant during the disaster.

C. (text unchanged)

.16 Fees. The following fees are applicable to physician assistants: A. [Application] Initial application fees:

(1) Initial [certification] license — [$150] $200; and (2) (text unchanged) [(3) Maryland Health Care Commission (MHCC) fee — As

determined by MHCC under COMAR 10.25.03;] B. Renewal fees:

(1) [Renewal of certification] License renewal fee — [$50] $135;

(2) (text unchanged) (3) Maryland Health Care Commission (MHCC) fee — As

determined by MHCC under COMAR 10.25.03; C. Reinstatement fees:

(1) Reinstatement of [certificate] license fee — [$75] $200; and (2) Physician assistant rehabilitation program — $25; [and] [(3) Maryland Health Care Commission (MHCC) fee — As

determined by MHCC under COMAR 10.25.03;] D. Delegation agreements ... $200; [and] E. Written verification of [certification] licensure — $25; and F. Replacement of wall license — 75.


Subtitle 44 BOARD OF DENTAL

EXAMINERS 10.44.30 Record Keeping

Authority: Health Occupations Article, §4-205(c)(3), Annotated Code of Maryland


The Secretary of Health and Mental Hygiene proposes to adopt new Regulations .01—.05 under a new chapter, COMAR 10.44.30 Record Keeping. This action was considered by the Board of Dental Examiners at a public meeting held on April 6, 2011, notice of which was given under the Notice of Public Meetings link on the Board’s website pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to establish requirements for creating

and maintaining dental records.




businesses. Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment Comments may be sent to Michele Phinney, Director, Office of

Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore, Maryland 21201, or call 410-767-6499 (TTY 800-735-2258), or email to [email protected], or fax to 410-767-6483. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

.01 Scope. A. This chapter covers the production and maintenance of patient

records by dentists in any form or medium. B. The following is not governed by this chapter:

(1) Retention schedules of dental records; (2) Confidentiality of dental records; (3) Disclosure of dental records; (4) Requests for copies of dental records; (5) Concealment of dental records; (6) Destruction and disposal of dental records; and (7) Requirements imposed by:

(a) 45 CFR Part 160, as amended; and (b) 45 CFR Part 164, as amended.

.02 General Provisions. A. A dentist shall create and maintain a separate dental record for

each patient. B. Dental records shall include:

(1) A patient’s clinical chart as described in Regulation .03 of this chapter; and

(2) Financial records as described in Regulation .04 of this chapter.

C. Dental records may be: (1) Handwritten in ink; (2) Typed; or (3) Generated on a computer or other electronic device.

D. Dental records may not be created or maintained in pencil. E. A dentist who maintains dental records on a computer or other

electronic device shall prepare and maintain a current back-up copy of the dental records.

F. If treatment is rendered, dental records shall be made contemporaneously with the treatment rendered.

G. Dental records shall be created and maintained for each individual seeking or receiving dental services, regardless of whether:

(1) Any treatment is actually rendered; or (2) Any fee is charged.

H. All entries shall be dated. I. A dental record shall contain:

(1) The patient’s name or other patient identifier; (2) If the patient is a minor, the name and address of the

patient’s parents or guardian;



(3) The patient’s address and telephone number; (4) The patient’s date of birth; (5) The patient’s place of employment if the patient wishes to

provide the information; (6) Emergency contact information; (7) Medical and dental histories which shall be updated at each

visit; and (8) Insurance information.

J. To the extent practicable, each document in the dental records shall contain one or more patient identifiers.

K. Dental records shall: (1) Be accurate; (2) Be detailed; (3) Be legible; (4) Be well organized; and (5) Document all data in the dentist’s possession pertaining to

the patient’s dental health status; L. Entries shall be signed or initialed by the individual who

provided the treatment. M. With the exception of dental hygienists, entries made by

auxiliary personnel shall be: (1) Reviewed by the treating dentist; and (2) Signed or initialed by the treating dentist.

N. Entries made by individuals other than the individual who provided the treatment shall:

(1) Identify the individual who made the entry; (2) Identify the individual who provided the treatment; (3) Be signed or initialed by the individual who provided the

treatment; and (4) Be signed or initialed by the treating dentist.

O. Exception. Entries made by an individual other than the individual who provided the treatment may not require the signature or initials of the treating dentist if the treatment was provided by a dental hygienist.

P. The initials and signatures in computer or other electronically generated records required by this chapter may be produced electronically.

Q. A dentist and auxiliary personnel may not erase, alter, obliterate, or “white out” dental records.

R. Blank spaces may not be left between entries. S. Changes to dental records shall:

(1) Be made by a single line strike-through of the incorrect entry so that the incorrect entry may be read;

(2) Contain changes in the corresponding margin or in close proximity to the incorrect entry;

(3) Be dated; (4) Be signed or initialed by the treating dentist; and (5) If the change was made by auxiliary personnel:

(a) Be reviewed; (b) Be approved; and (c) Be signed or initialed by the treating dentist.

T. The dental records shall contain only those abbreviations that are commonly acceptable within the profession and comprehensible to other dentists.

U. Except for notations of payment or failure to make payment, financial records may not be maintained in the clinical chart.

V. Dentists are responsible for the content of the dental records.

.03 Clinical Charts. Each patient’s clinical chart shall include at a minimum the

following: A. Patient’s name and date of treatment; B. Reasons for the patient’s visit; C. Treatment plans that are signed and dated by both the treating

dentist and the patient;

D. Patient’s complaints; E. Diagnosis and treatment notes; F. Progress notes; G. Post operative instructions; H. Study models; I. In-person conversations, telephone conversations, and other

correspondence with the patient or their representative; J. Identification of medications prescribed, administered,

dispensed, quantity, and directions for use; K. Clinical details with regard to the administration of:

(1) Nitrous oxide; (2) Anxiolytics; (3) Sedation; and (4) General anesthesia.

L. Radiographs of diagnostic quality; M. Periodontal charting; N. Laboratory work authorization forms and correspondence to

and from laboratories; O. Informed consent; P. Copies of correspondence and reports provided to other health

care providers, diagnostic facilities, and legal representatives; Q. Records and reports provided by other health care providers

and diagnostic facilities; R. Details regarding referrals and consultations; S. Patient complaints pertaining to the dentist and staff, and their

manner of resolution; T. Noncompliance and missed appointment notes; and U. Dismissal letter.

.04 Financial Records. A. Financial records shall be considered part of the dental

records but shall be maintained separately from the patient’s clinical chart.

B. Financial records shall include at a minimum the following: (1) Complete financial data concerning the patient’s account,

including: (a) Each amount billed to or received from the patient or

third-party payor; and (b) The date of each bill and each payment;

(2) Copies of all claim forms submitted to third-party payors by the dentist or by the dentist’s agent or employee; and

(3) Payment vouchers received from third-party payors.

.05 Violations. Failure to comply with this chapter constitutes unprofessional

conduct and may constitute other violations of law.




Title 13A STATE BOARD OF

EDUCATION Subtitle 01 STATE SCHOOL

ADMINISTRATION 13A.01.02 State Superintendent of Schools Authority: Education Article, §§2-205(g), 2-303, 5-301, and 7-409, Annotated

Code of Maryland


The Maryland State Board of Education proposes to adopt new Regulation .05 under COMAR 13A.01.02 State Superintendent of Schools. This action was considered at the Maryland State Board of Education meeting held on April 26, 2011.

Statement of Purpose The purpose of this action is to combine existing regulation on

facilities for School Health Services (COMAR 13A.05.05.10) with a new section for Physical Education Programs. House Bill 334 requires the Maryland State Department of Education to adopt regulations to require all new schools and schools that are completely renovated and occupied after January 1, 2013, to include a gymnasium and support spaces for physical education instruction.


Estimate of Economic Impact I. Summary of Economic Impact. Revenues are not affected.

The action does not alter total State funding for school construction but may reduce the number of school construction projects funded in order to accommodate the State share of construction costs for gymnasiums. Rather than increase local capital expenditures to fund the potential increase in local costs, some local jurisdictions may opt to fund fewer school construction and renovation projects.

Revenue (R+/R-)



A. On issuing agency: NONE


C. On local governments: (E+) Varies


D. On regulated industries or

trade groups: NONE




C. Secondary schools have long included gymnasiums. All school systems are now including separate gymnasiums in new elementary schools and major renovation projects, so there is no additional, unanticipated construction cost.

As of 2010, there were 191 elementary schools with multipurpose rooms only and no separate gymnasiums. The law does not require school systems to add gymnasiums to each of these existing schools. Only the schools identified by the school system for a major renovation would now be required to provide a separate gymnasium. The estimated construction cost of an elementary gymnasium addition of 6,500 gross square feet to an existing school is between $1.5 and $2 million.

While the construction cost of an individual school with a gymnasium is greater than a school without, the total amount of funding spent on school construction by a school system is unlikely to change.


businesses.

Impact on Individuals with Disabilities The proposed action has an impact on individuals with disabilities

as follows: The construction or addition of gymnasiums to all public schools

will have a positive impact on individuals with disabilities by supporting the integration of persons with disabilities in general physical education and recreation programs and by supporting the development of adapted physical education programs.

Opportunity for Public Comment Comments may be sent to Barbara Bice, School Facilities Branch

Chief, Business Services, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-0097 (TTY 410-333-6442), or email to [email protected], or fax to 410-333-6522. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

Open Meeting Final action on the proposal will be considered by the Maryland

State Board of Education during a public meeting to be held on August 30—31, 2011, at 200 West Baltimore Street, Baltimore, Maryland 21201.

.05 Facilities Required in Public Schools A. School Health Services. School health services shall be

provided in designated health facilities consistent with COMAR 13A.05.05.10.

B. Physical Education Program. (1) Scope. This section applies only to schools:

(a) Built and occupied, or renovated and occupied, after January 1, 2013; and

(b) For which a request for proposal for the selection of an architectural and engineering design consultant for construction or renovation was initiated after July 1, 2010.

(2) Purpose of Facilities. The facilities required in this section are to support the Physical Education instructional program required in COMAR 13A.04.13.

(3) Design Guidelines. The design of facilities required in this section shall be based on voluntary guidelines approved by the State Board of Education for physical education programs.

(4) The following minimum spaces are required: (a) Gymnasium; (b) Teacher office or planning area;



(c) Equipment storage area or areas; (d) Outdoor instructional playing field; and (e) Outdoor instructional hard surface area.

(5) Waiver. (a) The local superintendent of schools may request a

waiver of all or part of this section based on design constraints due to:

(i) Size of the school site; (ii) Configuration of the school site; and (iii) Zoning.

(b) The State Superintendent of Schools may waive all or part of this section.

(c) The waiver decision of the State Superintendent of Schools may be appealed to the State Board of Education.


Subtitle 12 CERTIFICATION

13A.12.02 Teachers Authority: Education Article, §§2-205, 2-303(g), 6-121, and 6-701—6-705,



The Professional Standards and Teachers Education Board proposes to adopt new Regulation .27 under COMAR 13A.12.02 Teachers. This action was considered at the Professional Standards and Teacher Education Board meeting held on April 7, 2011

Statement of Purpose The purpose of this action is to allow individuals who possess a

unique career skill set to enter the teaching profession.




businesses.


Opportunity for Public Comment Comments may be sent to Jean Satterfield, Assistant State

Superintendent, Certification and Accreditation, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0385 (TTY 410-333-6442), or email to [email protected], or fax to 410-333-8963. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

Open Meeting Final action on the proposal will be considered by Professional

Standards and Teacher Education Board during a public meeting to be held on September 1, 2011 at 9:00 A.M., at 200 West Baltimore Street, Baltimore, MD 21201.

.27 Specialized Professional Areas (Grades 7—12). A. To receive certification in specialized professional areas

(grades 7—12), the applicant shall: (1) Earn a secondary school diploma/high school equivalency;

(2) Present official verification of 5 years of satisfactory career professional experience in the area to be taught; and

(3) Meet the professional education coursework as required in §B(2) of this regulation.

B. Professional Education Courses. (1) The applicant for specialized professional areas shall

complete the professional education course work, as provided in §B(2) of this regulation, from an IHE or through Department-approved Continuing Professional Development credits.

(2) The professional education course work shall include the following topics:

(a) Lesson planning and delivery of instruction; (b) Assessing instruction; (c) Diversifying instruction to accommodate special needs; (d) Managing the instructional environment; and (e) Providing literacy instruction relevant to the specialized

professional area. C. Special Provisions.

(1) Department-recognized specialized certifications from appropriate professional organizations may be used in lieu of 2 years of career professional experience.

(2) This certification is not transferable to corresponding disciplines in a comprehensive school.

(3) A list of specialized professional areas and approved professional organizations will be maintained by the Department.


Title 13B MARYLAND HIGHER

EDUCATION COMMISSION Subtitle 02 ACADEMIC

REGULATIONS Notice of Proposed Action

[11-159-P]

The Maryland Higher Education Commission proposes to: (1) Amend Regulations .04, .05, .07, and .08 under COMAR

13B.02.01 Requirements for Authorization of Out-of-State Degree-Granting Institutions to Operate in Maryland;

(2) Amend Regulations .04 and .06 under COMAR 13B.02.02 Minimum Requirements for In-State Degree-Granting Institutions;

(3) Adopt Regulation .02-1 under COMAR 13B.02.03 Academic Programs — Degree-Granting Institutions; and

(4) Amend Regulation .03 under COMAR 13B.02.04 Exemption Procedures for Religious Educational Institutions and Religious Institutions.

This action was considered by the Maryland Higher Education Commission and approved at its meeting on May 18, 2011, notice of which was given pursuant to State Government Article, §10-506, Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to amend and adopt regulations to

increase the fee for application for a certificate of approval from the Maryland Higher Education Commission and establish fees for applications for approval of academic program activities by the Maryland Higher Education Commission.




Estimate of Economic Impact I. Summary of Economic Impact. There will be a positive

impact on State revenues as a result of new fees collected from institutions of higher education. These fees will go into a special fund that will be used to carry out the statutory duties of the Maryland Higher Education Commission. These fees will result in increased costs to institutions of higher education.

Revenue (R+/R-)




B. On other State agencies: (E+)

$750 — $8,450 per public 4-year institution

C. On local governments: (E+)

$750 — $8,450 per community college


D. On regulated industries or trade groups: (-) $255,150


F. Direct and indirect effects on public: (-) Uncertain


A. The Commission assumes that activity in institutional and program approvals will reflect average activity over the past 5 years. These 5-year average figures were used to calculate anticipated revenues in FY 2012.

B. Each public institution of higher education will have to pay for each program submittal based on the level of fee associated with the request and the review that must be performed.

C. Each community college will have to pay for each program submittal based on the level of fee associated with the request and the review that must be performed.

D. Private institutions of higher education will be required to pay institutional approval and program approval fees. Currently, institutions pay only an institutional approval fee. These regulations increase that fee and add fees for program approval.

F. Institutions will likely utilize a portion of student tuition and fees to pay the program approval fees established by these regulations.


businesses.


Opportunity for Public Comment Comments may be sent to Sue A. Blanshan, Director of Academic

Affairs, Maryland Higher Education Commission, 839 Bestgate Road, Suite 400, Annapolis, MD 21401, or call 410-260-4533, or

email to [email protected], or fax to 410-260-3200. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

13B.02.01 Requirements for Authorization of Out-of-State Degree-Granting Institutions to Operate in Maryland Authority: Education Article, §11-105(o), Annotated Code of Maryland

.04 Exemptions. A.—C. (text unchanged) D. There is no application fee for an exemption for a course or

program on a military installation. [D.] E. (text unchanged)

.05 Institutional Titles. A. (text unchanged) B. Change of Institutional Designation.

(1) An out-of-State institution may not change its institutional designation within the State without the approval of the Commission.

(2) An institution shall pay a fee of $250 with an application to the Commission to change its institutional designation.

C. (text unchanged)

.07 Institutional Initial Approval Process. A.—C. (text unchanged) D. Procedures to Apply for Initial Approval to Operate in

Maryland. (1) (text unchanged) (2) An institution shall submit a non-refundable application fee

in the amount of: (a) [$5,000] $7,500 for up to two degree programs; and (b) An additional [$1,000] $850 for each degree program

over two programs. (3)—(6) (text unchanged)

E.—I. (text unchanged)

.08 Institutional Renewal Approval Process. A. (text unchanged) B. Procedures to Apply for Approval to Continue to Operate in

Maryland at a Previously Approved Location. (1) (text unchanged) (2) With the exception of an out-of-State institution that is

located at and part of a regional higher education center, an out-of-State institution shall submit a nonrefundable application fee in the amount of:

(a) [$5,000] $7,500 for up to two degree programs; and (b) An additional [$1,000] $850 for each degree program

over two programs. (3) — (4) (text unchanged)

C.—I. (text unchanged)

13B.02.02 Minimum Requirements for In-State Degree-Granting Institutions Authority: Education Article, §11-105(o), Annotated Code of Maryland

.04 Institutional Titles. A. (text unchanged) B. Change of Institutional Designation.

(1) An in-State institution may not change its institutional designation without the approval of the Commission.

(2) An institution shall pay a fee of $250 with an application to the Commission to change its institutional designation.

C. (text unchanged)



.06 Institutional Approval Process. A.—C. (text unchanged) D. A prospective in-State institution shall submit [a] two separate

non-refundable application [fee] fees for a Stage One Application and a Stage Two Application in the amount of:

(1) [$5,000] $7,500 for up to two degree programs; and (2) An additional [$1,000] $850 for each degree program over

two programs. E.—O. (text unchanged)

13B.02.03 Academic Programs — Degree-Granting Institutions Authority: Education Article, §11-105(o), Annotated Code of Maryland

.02-1 Program Review Fees. A. Except as provided in section C of this regulation, each

institution of higher education shall pay an academic program review fee for each program review action as provided in this regulation.

B. The following schedule sets forth the fees for academic program review actions.

Category Actions Covered Fee No Fee - Articulation Agreement

-Code Change -Request for Proposal from Community College

$0

Nominal Fee - Discontinue Program -Suspend Program - Reactivate Program - Change Program Title - Non-Substantial Program Change - Substantial Change to Area of Concentration - Substantial Change to Certificate Program

$50

Modest Fee - New Area of Concentration - New Certificate Program Within an Existing Program - Closed Site Approval - Statewide and Health Manpower Designations - Substantial Change to Degree Program - Off-Campus Program

$250

Substantive Fee

- New Stand-Alone Certificate Program - New Academic Program - BTPS Program - Cooperative Degree Program - New Academic Program at Approved Out-of-State Institution Within a Non-Renewal Year

$850

New Degree Level Fee

- New Degree Level Approval

$5,000 for up to two degree programs plus $1,000 for each degree program over two programs

C. An institution of higher education requesting a program review action related to a program offered at a regional higher education center is exempt from payment of an academic program review fee.

13B.02.04 Exemption Procedures for Religious Educational Institutions and Religious Institutions Authority: Education Article, §11-105(o), Annotated Code of Maryland

.03 Exemption Procedures. A. An institution seeking an exemption from the approval

authority of the Commission shall submit the following items to the Commission:

(1) An application in the form required by the Commission, and the accompanying documentation required by the Commission; [and]

(2) A financial statement in the form required by the Commission, and the accompanying documentation required by the Commission; and

(3) An application fee in the amount of $50. B.—C. (text unchanged)

ELISABETH A. SACHS Interim Secretary of Higher Education


AGRICULTURE Subtitle 15 MARYLAND


15.15.01 Guidelines for the Maryland Agricultural Land Preservation Foundation

Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland


The Secretary of Agriculture proposes to amend Regulations .01-2 and .17 under COMAR 15.15.01 Guidelines for the Maryland Agricultural Land Preservation Program.

Statement of Purpose The purpose of this action is to repeal obsolete language

superseded by proposed COMAR 15.15.12 relating to the subdivision of an agricultural land preservation easement.




businesses.




Opportunity for Public Comment Comments may be sent to Carol West, Acting Executive Director,

Maryland Department of Agriculture, Maryland Agricultural Land Preservation Foundation, 50 Harry S. Truman Parkway, Annapolis, MD 21401, or call 410-841-5860, or email to [email protected], or fax to 410-841-5730. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

.01-2 Definitions. A. (text unchanged) B. Terms Defined.

(1) — (6) (text unchanged) [(7) “Subdivision” means the division of land into two or more

parts or parcels.]

.17 Use of Land on Which an Easement is Purchased. A. — G. (text unchanged) [H. Documentation Required For Agricultural Subdivision.

(1) A landowner may not subdivide land subject to restrictions of an agricultural land preservation district or easement without written approval from the Foundation.

(2) A landowner shall submit a written request for approval to the Foundation.

(3) All requests for agricultural subdivisions shall be decided on a case-by-case basis.

(4) A request shall be considered by the Foundation if: (a) An application for agricultural subdivision has been fully

and accurately completed and signed by all landowners; (b) The landowner provides an unmarked copy of the tax

map outlining the entire district or easement property; (c) A second copy of the tax map is provided that clearly

indicates the property boundaries of the district or easement and the area proposed to be agriculturally subdivided, including access to all pre-existing dwellings, lot exclusions, tenant houses, and farm buildings;

(d) The county program administrator submits written verification to the Foundation describing the current overall farm operation, as well as the current and intended use of the proposed agricultural subdivision;

(e) The local tax assessment office submits written documentation to the Foundation that the subdivided portion and the remaining portion of the original parcel continue to qualify for agricultural use assessment under Tax-Property Article, Annotated Code of Maryland;

(f) The local agricultural land preservation advisory board submits a letter to the Foundation addressing the potential for continued agricultural use of the property and approving the request;

(g) The proposed subdivision is intended for an agricultural purpose and both the parcel to be subdivided and the remaining parcel are able to sustain long-term agricultural production, independent from the other; and

(h) The requested subdivision is consistent with county planning and zoning regulations, as evidenced by a letter of approval and recommendation or statement of conformity received from the local planning and zoning office or the county program administrator.

I. Property Requirements For Agricultural Subdivision. (1) The subdivided portion and all remaining parcels shall be at

least 50 acres, and each parcel shall meet the minimum soils requirement, as provided by Regulation .03D of this chapter, for district establishment; and

(2) A request for an agricultural subdivision may not be considered by the Foundation for land that is less than 100 acres, unless the property is subject to an agricultural preservation easement.

J. Exceptions to Property Size. (1) The Foundation may permit a subdivision of less than 50

acres of easement property if: (a) One of the following exists:

(i) It is for the purpose of straightening a boundary; or (ii) The parcel to be subdivided is conveyed to an

adjoining easement property, the remaining parcel is at least 50 acres, and if the adjoining easement property is not a Foundation easement, it shall be restricted by a recorded instrument that permits agricultural activities and contains restrictions that are the same as or more stringent than those found in the Foundation’s deed of easement; and

(b) The remaining portion of the original parcel meets the minimum soils criteria, as provided in Regulation .03D.

(2) The Foundation may permit the subdivision of an easement property that is less than 100 acres if:

(a) The parcel to be subdivided is conveyed to an adjoining easement property; and

(b) The remaining portion of the original parcel consists of at least 50 acres.

K. Special Exceptions. If the request for an agricultural subdivision is being made as a special exception, the following documentation is required:

(1) A recommendation to either endorse or deny the request for the subdivision from the local agricultural land preservation advisory board; and

(2) When the request is not for a boundary line adjustment, letters of support from organizations such as the Soil Conservation Service and Forest Service that can attest to the long-term productive capabilities of both the proposed agricultural subdivision and the remaining parcel.]


Title 22 STATE RETIREMENT AND

PENSION SYSTEM Subtitle 01 GENERAL REGULATIONS

22.01.14 Applications for Service Retirement Authority: State Personnel and Pensions Article, §21-110, Annotated Code of

Maryland


The Maryland State Retirement and Pension System proposes to adopt new Regulations .01 —.03 under a new chapter, COMAR 22.01.14 Applications for Service Retirement. This action was considered by the State Retirement Agency at an open meeting held on December 21, 2010, notice of which was given by publication in 37:24 Md. R. pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to promulgate new regulations

clarifying that a former member who is eligible to retire at the time of separation from employment may not receive benefits for the period before the submission of the retirement application.






businesses.


Opportunity for Public Comment Comments may be sent to Howard Pleines, Director, Legislation,

State Retirement Agency, 120 E. Baltimore Street, Baltimore, MD 21202, or call 410-625-5602, or email to [email protected], or fax to 410-468-1710. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

.01 Scope. This chapter does not apply to a disability retirement allowance

paid in accordance with State Personnel and Pensions Article, Title 29, Subtitle 1, Annotated Code of Maryland.

.02 Definitions. A. In this chapter, the following terms have the meaning indicated. B. Terms Defined.

(1) “Former member” means an individual who: (a) Has been a member; (b) Separated from employment with a participating

employer; (c) Is not reemployed by a participating employer; and (d) Is not a retiree.

(2) “Required beginning date” means the date by which the distribution of a service retirement allowance must commence in accordance with the Internal Revenue Code, 26 U.S.C. §401(a)(9)(C), which is the April 1 of the calendar year that follows the calendar year in which the former member attains age 70 ½, or separates from employment, whichever is later.

(3) “Special early retirement” means a retirement pursuant to State Personnel and Pensions Article, §22-404 or 23-404, Annotated Code of Maryland.

(4) “Ten-month employee” means an individual who satisfies the criteria set forth in COMAR 22.05.02.01A.

.03 Retirement Application. A. Application Required.

(1) In order to retire with a normal service retirement allowance, early service retirement allowance, or special early retirement allowance, a member or former member who is eligible to retire must properly complete the appropriate written application form that is available from the Retirement Agency and submit it to the Retirement Agency.

(2) A retirement application is properly completed if it: (a) Is completed in accordance with the form’s instructions,

dated, signed by the member or former member, and properly acknowledged by a notary public; and

(b) In the case of a member who is retiring upon separation from employment, contains the employer’s certification of the member or former member’s separation from employment, wages, contributions, and sick leave.

(3) Submission Date. (a) Except as provided in §A(3)(b) and (c) of this regulation,

a retirement application is submitted on the date that it is received by the administrative offices of the Retirement Agency at the mailing address provided on the retirement application.

(b) In the case of a member who is retiring upon separation from employment, a retirement application is considered submitted on the date that it was properly acknowledged by a notary public if

the application is submitted to the Retirement Agency by the member’s employing agency within 60 days of the notarization date.

(c) In the case of a ten-month employee or other former member of the Teachers’ Retirement System or Teachers’ Pension System who separated from employment as of June 30 of the current calendar year, a retirement application is considered submitted as of June 30 if the Retirement Agency receives the retirement application on or before September 15 of the same calendar year.

B. Commencement of Retirement Benefits. (1) This section does not apply to the Judges’ Retirement

System or the Legislative Pension Plan. (2) A member or former member shall state the date which the

member or former member desires to retire on the retirement application.

(3) A former member who was eligible to retire at the time of separation from employment may not retire with a normal retirement allowance, early service retirement allowance, or special early service retirement allowance until the later of:

(a) The first day of the month after the member or former member becomes eligible to retire; or

(b) The first day of the month after the member or former member submits a properly completed retirement application.

(4) Except as provided in §B(5) of this regulation, a member or former member who retires with a normal retirement allowance, early service retirement allowance, or special early service retirement allowance may not receive benefits for the period before the member or former member submitted a properly completed retirement application.

(5) Automatic Commencement of Benefits by Required Beginning Date.

(a) A service retirement allowance or vested allowance shall commence no later than the required beginning date.

(b) A former member who fails to submit a retirement application on or before the required beginning date shall be automatically retired, and shall be treated as if the former member has elected the basic allowance, computed without modification under State Personnel and Pensions Article §21-403, Annotated Code of Maryland.

(c) A former member who is automatically retired as of the required beginning date may change the automatic election of the basic allowance only if the former member notifies the Retirement Agency before the first allowance payment normally becomes due.

R. DEAN KENDERDINE Executive Director

State Retirement Agency

Subtitle 07 COMPLIANCE WITH THE

INTERNAL REVENUE CODE 22.07.02 Code Compliance Authority: State Personnel and Pensions Article, §21-110, Annotated Code of

Maryland


The Maryland State Retirement and Pension System proposes to adopt new Regulation .04 under COMAR 22.07.02 Code Compliance. This action was considered by the State Retirement Agency at an open meeting on December 21, 2010, notice of which was given by publication in 37:24 Md. R. pursuant to State Government Article, §10-560(c), Annotated Code of Maryland.



Statement of Purpose The purpose of this action is to promulgate a new regulation for

recognition of a same-sex marriage in regards to the administration of benefits.




businesses.


Opportunity for Public Comment Comments may be sent to Howard Pleines, Director, Legislation,

State Retirement Agency, 120 E. Baltimore Street, Baltimore, Maryland 21202, or call 410-625-5602, or email to [email protected], or fax to 410-468-1710. Comments will be accepted through August 1, 2011. A public hearing has not been scheduled.

.04 Administration of Benefits with Respect to the Same-Gender Spouse of a Member, Former Member, or Retiree.

A. Except as provided in §B of this regulation, the Retirement Agency shall administer benefits with respect to the same-gender spouse of a member, former member, or retiree from a lawfully recognized marriage in the same manner as an opposite-gender spouse, including the payment of any spousal death or survivor benefits.

B. The State system may not recognize a same-sex marriage in the administration of benefits to the extent that recognition is inconsistent with a requirement applicable to the State system as a qualified governmental defined benefit plan under the Internal Revenue Code, or when such recognition would violate any other federal or State law.

R. DEAN KENDERDINE Executive Director

State Retirement Agency

Title 26 DEPARTMENT OF THE

ENVIRONMENT Subtitle 12 RADIATION

MANAGEMENT 26.12.01 Radiation Protection Authority: Environment Article, §§8-106, 8-301, and 8-304, Annotated Code

of Maryland

Notice of Proposed Action [11-171-P-I]

The Secretary of the Environment proposes to amend Regulation .01 under COMAR 26.12.01 Radiation Protection.

Statement of Purpose The purpose of this action is to update COMAR 26.12.01.01,

Incorporation by Reference, to incorporate Supplement 20, which

includes (a) updates to requirements for use of radiopharmaceuticals in mobile medical services; and (b) required U.S. Nuclear Regulatory Commission (NRC) regulations regarding (1) licensing of sources of radium-226, accelerator-produced radioactive materials, and naturally occurring radioactive material, and (2) determination of occupational radiation dose, reporting of annual radiation dose to workers, and labeling of containers containing radioactive material. As an NRC Agreement State, Maryland is required to adopt all new NRC regulations and revisions applicable to possession and use of radioactive material in the State.

Comparison to Federal Standards There is a corresponding federal standard to this proposed action,

but the proposed action is not more restrictive or stringent.



businesses.


Opportunity for Public Comment Comments may be sent to Michael D. Kurman, Radiological

Health Program Regulations Coordinator, Air and Radiation Management Administration, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, Maryland 21230, or call 410-537-3208, or email to [email protected], or fax to 410-537-3198. Comments will be accepted through August 1, 2011. 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 Regulations for the Control of Ionizing Radiation (1994), as amended by Supplement 1 through Supplement 20, 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 38:3 Md. R. 145 (January 28, 2011), 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 [19] 20 are incorporated by reference.

ROBERT M. SUMMERS, Ph.D. Secretary of the Environment

821


Errata

COMAR 10.27.07.05 At 38:1 Md. R. 28 (January 3, 2011), col. 2, line 8 from the

bottom: For: as a nurse practitioner by any nationally certifying body

that was the Read: as a nurse practitioner by any national certification body

that was the [11-14-52]

COMAR 10.43.17.02

In COMAR 10.43.17.02B(6)(c)(iii), the cross-reference is corrected as follows:

For: (iii) Laying on of hands, consisting of pressure or movement, with the exception of such techniques described in §B(7)(a) of this regulation on a fully clothed individual to specifically affect the electromagnetic energy or energetic field of the human body.

Read: (iii) Laying on of hands, consisting of pressure or movement, with the exception of such techniques described in §B(6)(a) of this regulation on a fully clothed individual to specifically affect the electromagnetic energy or energetic field of the human body.

[11-14-59]

COMAR 10.43.19.03

At 37:26 Md. R. 1809 (December 17, 2010), col. 2, line 30 from the bottom:

For: (iv) Stationary; Read: (iv) Stationery;

[11-14-50]

COMAR 26.11.02.01

At 38:9 Md. R. 563 (April 22, 2011), column 2, lines 2 — 4 from the bottom:

For: (50) “Solvent-based materials” means any material that contains 25 percent or more VOC by volume as applied, in the volatile portion of the material.

Read: (50) “Solvent-based materials” means any material that contains 25 percent or more VOC by volume as applied, in the volatile portion of the material.

[11-14-47]

COMAR 26.11.13.03A

For: (3) Inspection Requirements. A person owning a gasoline or

VOC storage tank subject to §A(1)(a) of this regulation shall: Read: (3) Inspection Requirements. A person owning a gasoline or

VOC storage tank subject to §A(1)(b)(i) of this regulation shall:

COMAR 26.11.13.04A For: (3) Test Procedures. (a) Testing for leak-tight conditions, as required in

§A(1)(b)(ii) of this regulation, shall be conducted as prescribed in Method 1008 of the Department’s Technical Memorandum 91-01, “Test Methods and Equipment Specifications for Stationary Sources” (January 1991) which is incorporated by reference in COMAR 26.11.01.04C.

(b) The test procedures to determine mass emission rate compliance as required in §A(1)(a) of this regulation, shall be as prescribed in Method 1009 of the Department’s Technical Memorandum 91-01, “Test Methods and Equipment Specifications for Stationary Sources” (January 1991), which is incorporated by reference in COMAR 26.11.01.04C.

Read: (3) Test Procedures. (a) Testing for leak-tight conditions, as required in

§A(1)(b)(ii) of this regulation, shall be conducted as prescribed in Method 1008 of the Department’s Technical Memorandum 91-01, “Test Methods and Equipment Specifications for Stationary Sources” which is incorporated by reference in COMAR 26.11.01.04C.

(b) The test procedures to determine mass emission rate compliance as required in §A(1)(a) of this regulation, shall be as prescribed in Method 1009 of the Department’s Technical Memorandum 91-01, “Test Methods and Equipment Specifications for Stationary Sources”, which is incorporated by reference in COMAR 26.11.01.04C.

COMAR 26.11.13.05A For: (2) Use the certification test procedures as prescribed in

Method 1007 of the Department’s Technical Memorandum 91-01, “Test Methods and Equipment Specifications for Stationary Sources” (January 1991), which is incorporated by reference in COMAR 26.11.01.04C; and

Read: (2) Use the certification test procedures as prescribed in

Method 1007 of the Department’s Technical Memorandum 91-01, “Test Methods and Equipment Specifications for Stationary Sources”, which is incorporated by reference in COMAR 26.11.01.04C; and

COMAR 26.11.19.26C For: (2) Except as provided in §C(3) of this regulation, a person

subject to this regulation with actual VOC emissions of 100 pounds or more per day shall also use an improved application method such as:

Read: (2) A person subject to this regulation with actual VOC

emissions of 100 pounds or more per day shall also use an improved application method such as:

[11-14-46]

822


Special Documents DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD Official Handgun Roster

The following is a list of handguns manufactured after January 1, 1985 that have received final approval by the Handgun Roster Board and that are not otherwise prohibited by law. Manufacturers are listed alphabetically. Be advised that the Handgun Roster has been amended in accordance with Senate Bill 619, Chapter 456 of the Laws of Maryland, effective June 1, 1994, which prohibits the sale of certain assault pistols in the State of Maryland. Please consult the law or Firearms Bulletin 94-1, which is available from the Maryland State Police Licensing Division, for more information on assault pistols and Senate Bill 619’s prohibition on certain detachable magazines with a capacity of more than 20 rounds of ammunition. It is unlawful to manufacture for distribution or sale or to sell or offer for sale in Maryland any handgun manufactured after January 1, 1985 that is not officially on the Handgun Roster, except for the manufacture of prototype models required for design, development, testing, and approval by the Board. Neither the State of Maryland nor any agency, officer, or employee of the State assumes any liability for injuries caused by any handgun on the Handgun Roster.

Manufacturer Model Name Model Number Caliber

Agrozet National

CZ-83 .380 ACP

Alchemy Arms

Spectre 9mm, .40 S&W, .45 ACP

Aldo Uberti & Co.

1851 Rich. Conv .38 SP, .38 Colt, .44 Colt

1858 Remington Conversion

1000/01/02/03/04/05/10/11/12/13 .45LC, .38 Sp, .32-20, .44-40

1860 Rich. Conv 38 SP, .38 Colt, .44 Colt

1873 .22 LR, .44/40

1875 Outlaw .357 MAG

1875 Schofield Cavalry & W. Fargo .44-40, .45 LC

1875 Top Break .357 Mag., .45LC, 44-40

1875 Top Break .38 SP

Bisley .44-40, .45 LC, .44 MAG, .357 Mag.

Buck Horn .44 MAG

Cattleman

.22 LR, .22 MAG, .357 MAG,.38 SP, 44-40, .45 LC

Regulator .357 MAG, .44-40, .45 LC

Regulator Delux .357 MAG, .44-40, .45 LC

Regulator Sher. 357 MAG, .44-40, .45 LC

Regulator Store .357 MAG, .44-40, .45 LC

Replicas .38, .44

Rolling Block Target Pistol

Cat 1548 .22LR, .22 Mag, .22 Horn, .222

1871 Rem, .223 Rem, .45 Colt, .357

Russian .44 Russian

Sing Act Commem All

Single Action .357 MAG, .44/40, .45 LC

Smoke Wagon 4105/06/07/08/09/10/11/12 .45 LC, .38 Sp, .44-40, .357 Mag

Stallion .22 MAG

Stampede SAA .357 Mag., .45 Colt

SPECIAL DOCUMENTS 823


AMAC/Iver Johnson

Pony .380 ACP

TP22 .22 LR

TP25 .25 ACP

Trailsman .22 LR

Amadeo Rossi S.A

283 .32 S&W

293 .32 S&W

483 .22 LR

518 .22LR

720 Hammerless .44 SP

Cyclops .357 MAG

Lady Rossi .38 SP

M 31 .38 SP

M 51 .22 LR

M 511 Sportsman .22 LR

M 515 .22 LR or .22 Mag

M 677 357 MAG

M 68 .38 SP

M 70 .22 LR

M 720 .44 S&W Special

M 84 .38 SP

M 841 .38 SP

M 85 .38 SP

M 851 .38 SP

M 853 .38 SP

M 877 .357 MAG

M 88 .38 S

M 89 .32 S&W

M 94 .38 SP

M 941 .38 SP

M 95 .38 SP

M 951 .38 SP

M 97 .357 MAG

M 971,M 971-VRC .357 MAG

Amadeo Rossi S.A. (Braztech)

R851 38 Spl., .357 Mag., .22 LR, .17 HMR

R972 .38 Spl., .357 Mag., .22 LR, .17 HMR

R971 .38 Spl., .357 Mag., .22 LR, .17 HMR

R 351, R 352 .357 MAG, .38 SP

R 461, R 462 .357 MAG, .38 SP

Amer. Frontier Firearms

1851 Richards N .38, .38 SP, .44 Russian

Remington New Army Models 38SP, 44RUS&SP, 44-40, .45 LC

Richards &Mason 1851 Navy .38, .38 SP, .44 Russian

American Arms, Inc

CX-22 Classic .22 LR



CXC-22 .22 LR

EP-380 .380 ACP

MX-9 9mm

P-98 .22 LR

PK-22 .22 LR

PX-22 .22 LR

Sabre .40 S&W, 9mm

Woodmaster .22 LR

American Tactical

92 AT 92 F 9mm

C 45 .45 ACP

CS 9 9mm

FS 9 9mm

FX Titan SS 1911 ATIGFX 45 TIS .45 ACP

FX-GI 1911 ATI-FX-45-GI .45 ACP

FX-Military 1911 ATI-FX-45-MIL .45 ACP

FX-Thunderbolt 1911 ATI-FX-45-THUN .45 ACP

FX-Titan 1911 ATIGFX 45TIB .45 ACP

HP 9 9mm

American Western Arms

Longhorn 1873 Army .44 SP, .45 LC, 32/20, 38/40, 38/357, 44/40

Peacekeeper 1873 Army 32/20, 38/40, 38/357, 44/40, .44 SP, .45 LC

AMT or IAI/AMT

.380 Backup II .380 ACP

.45 ACP Backup .45 ACP

400 Accelerator .400 Corbon

Automag II .22 MAG

Automag III .30 CAR, 9mm WIN

Automag IV .45 WNMG

Automag V AMT-00050 .50 AE

Backup .22 LR, .380 ACP

Backup DAO 38 SUP, 9mm, .40 S&W,.380 ACP

Commando .40 S&W

Government .45 ACP

Hardballer .45 ACP

Hardballer Long .45 AC

Javelina 10mm

Lightning .22 LR

Lightning Bulls .22 LR

On Duty 9mm, .40 S&W

Skipper .40 S&W

Anschutz

Exemplar .22 LR

Varmint Pistol 17LP .17 HMR

Varmit-Target 64P .22 LR, .22 Mag,.223.22-250

Arcus

Arcus 94 9mm, .40 S&W



Compact 94 9mm, .40 S&W

ArmaLite

AR-24, AR24K 9mm

Sheriff’s Model and LongSlide

AR-24, AR24K 9mm

Armi San Marco


1860 Army Black Powder Conversion .44 Colt, .38 Colt

1860 Rich. Conv .38 SP, .38 Colt, . 44 Colt

Schofield Mil. .44-40

Sing Act Commem All

Armi San Marco (Cimarron Arms)

1861 Rich. Conv .32 WCF, 32-20


Frontier 6 Shtr All as of 4/30/96 All as of 4/30/96

New Thunderer All as of 4/30/96 All as of 4/30/96

Peacemaker All as of 4/30/96 All as of 4/30/96

Pinched Frame .45 LC

Schofield Mil. .45 LC

Sheriff’s Model All as of 4/30/96 All as of 4/30/96

Single Act Army All as of 4/30/96 All as of 4/30/96

Sp. Ed. SAA All as of 4/30/96 All as of 4/30/96

Storekeeper All as of 4/30/96 All as of 4/30/96

Armi San Marco (Traditions)

1873 SAA .45 LC, 44-40, .22LR, .357 MAG

Blk. Pwdr. Conv 32-20, .32 WCF, 44-40, .45SCHO

Blk. Pwdr. Conv .38 SP, 44 Colt, 38 Colt

Arms Corp. Philippines

Armscor Precision M 206 .38 Sp

Det. Chief M200 DC .38 SP

Police M200 P .38 SP

Special Edition 100 TC .38 SP

Thunder Chief M200 TC .38 SP

Arsenal (Bulgaria)

Makarov 9X18 mm, .380 ACP

Astra

250 .38

680 .38

A-100 9mm, .45 ACP, .40 S&W

A-100 Car. Comp 9mm, .40 S&W, .45 ACP

A-60 .380 ACP

A-70 9mm

A-75 9mm, .40 S&W, .45 ACP

A-80 .38 SUP, .45 ACP, 9mm

A-90 .45 ACP, 9mm

Constable .22 LR, .380 ACP

M 357(Big Bore) .357 MAG



M 41 (Big Bore) .41 MAG

M 44 (Big Bore) .44 MAG

M 45 (Big Bore) .45 ACP

Sport .22 LR

Australian Automatic Arms

SAP .223 CAL

Auto Ordnance

1911A1 10mm

Commemorative 1911A1 .45 ACP

Competition 1911-A1 .45 ACP

Government 1911A1 .38 SUP, .45 ACP, 9mm

Government 1911A1 .38 SUP, .45 ACP, 9mm

Pit Bull ZG51 1911A1 .45 ACP

The General 1911 Thompson .45 ACP

Thompson 1911A1 .40 S&W

Thompson 1927A-1 TA5 .45 ACP

Baikal - (Russia)

MC-55-1 .22

TOZ-35M .22

Vostok .22 LR

Vostok MC 55 .22 LR

Vostok TOZ 35 .22 LR

Baikal or IMEZ - (Russia)

IJ-70 Models All 9mm Makarov & .380 ACP

IZH35M .22 LR, .32 ACP

Beeman Precision Arms, Inc.

Mini P-08 Auto .380 ACP

P-08 Auto Pis. .22 LR

Beeman/Unique

D.E.S. 32U Rapid Fire Match .32 S&W

Benelli

B76 .30 LUGER, 9mm

B77 .32 ACP

B80 .30 LUGER

Benelli 9MM 9mm

MP3S .32 SWLWC

MP90S 22 LR, .32 S&W,WC

MP95E .22 LR, .32 WC

Beretta USA

76 .22 LR

89 Gold Standard .22 LR

70-S .22 LR, .380 ACP

21 Bobcat .22 LR

PB-765 .22 LR

90-Two 9mm, .40 S&W

81-BB .32 ACP

98-FS 9mm



71 .22 LR

M-89-BB .380

87 Cheetah .22 LR

87-BB Cheetah .22 LR

21-A (Bobcat) All as of 4/30/96 .22 LR, .25 ACP

3032 (ThunCat.) .32 ACP

3032 (Tomcat) All as of 4/30/96 .32 ACP

84 (Cheetah) All as of 4/30/96 .380 ACP



9000S (F or D) 9mm, .40 S&W, .357 SIG, .45ACP

92 All as of 4/30/96 9mm

92A1 F, D, G and C 9mm

950 (Jetfire) All as of 4/30/96 .22 SH, .25 ACP, .22 L

96 All as of 4/30/96 .40 S&W

96A1 F, D, G and C .40 S&W

Cougar 80357 .357 S

Cougar 8045 .45 ACP

Cougar F 8000 or Model 95 9mm

Cougar F, G, D 8040 .40 S&W

Cougar G,D 8000 9mm

M9 9mm

Mini Cougar 8045F .45 ACP

Mini Cougar 8000/8040 D,F or G 9mm, .40SW

Neos U22 .22 L

Px4 Storm Type F, D, G, C 9mm, .40S&W .45 ACP (Model Addition D,G,C)

Px4 Storm Sub Compact Type F, D, G, C 9mm, .40 S&W

Stampede SAA .357 Mag., .45 Colt

Target 87 .22 LR

Bernardelli

PO18, PO18/9, PO18C 7.65mm, 9mm, 9X21mm

100 .22 LR

69 .22 LR

80 .22 LR, .380 ACP

90 .22 LR, .32 ACP

AMR .22 LR, .380 ACP

P. One 9X21 mm, 9X19 mm, .40 S&W

PO10 .22 LR

U.S.A. .22 LR, .380 A

Bersa

224 .22 LR

90 9mm

83 & 83 NKL .380 ACP

23 & 23 NKL .22 LR

383 .380 ACP

85 .380 ACP



226 .22 LR

223 .22 LR

86 .380

Firestorm .22 LR, .32 ACP, .380 ACP

Mini Firestorm .45ACP, 9mm, .40 S&W

Series 95 380 ACP

Thunder 380 Matte Plus Thunder 380, .380 ACP

Thunder 40 .40 S&W

Thunder 45 .45 ACP

Thunder 9 9mm

BF Arms

Single Shot Pistol ALL

Bond Arms

Century 2000 .327 Fed Mag., .45 ACP

Century 2000 .22 LR

Century 2000 .357 SIG,.357 Mag, .357 Max, .32 H&R, .22Mag, .38-40, .44-40

Ranger 45Colt/.410 Gauge

Snake Slayer BASS 45/410,.45Colt,450SuperBond,.44 Special,44-40,.45GAP,10mm

Snake Slayer BASS .40S&W,.357Max/Mag, .38SPl, 9mm, .32 H&R mag, .22LR

Snake Slayer IV .410/.45LC

Texas Defender with trigger guard .327 Federal Mag

Texas Defender with trigger guard .40 S&W, .44 MAG/.44 SP

Texas Defender with trigger guard .32 HR, 38/357, 9mm, .45 Colt, 40 S&W, .44 MAG/.44 SP,.45

British Firearms Ltd

2000 .22

BRNO or CZ

CZ75 Compact 9mm, .40 S&W

CZ75B 9mm, .40 S&W

CZ75SA 9mm, .40 S&W

CZ75BD 9mm, .40 S&W

CZ75D Compact 9mm, .40 S&W

CZ75 P-01 9mm, .40 S&W

CZ2075 Rami 9mm, .40 S&W

Cadet 75 .22 LR

CZ 75 P-06 .40 S&W

CZ 75 P-07 9mm

CZ 75 Shadow SP 01 9mm

CZ-100, CZ-101 9mm,.40 S&W,.45 ACP,.357 SI

CZ-40, CZ-40 .40 S&W

CZ-50 .32/7.65

CZ-75 9mm, .40 S&W

CZ-83 .32 ACP, .380 ACP

CZ-85 7.65, 9mm

CZ-97B .45 ACP, .40 S&W



Brolin Arms

L45 .45 ACP

L45C .45 ACP

P45 Comp 45 ACP

P45C Comp 45 ACP

Pro-Comp 45 ACP

Pro-Stock 45 ACP

Browning

1911-22 A-1, Compact, Commerative 22 LR

40 S&W HiPower 2W05P24 .40 S&W

425 .380

BDA .380 ACP

BPM-D 9mm, .40S&W, .357 SIG, .45 ACP

Buckmark All 22 LR

Challenger I, II, or III .22 CAL

Double-Mode BDM 9mm

High Power G.P. Competition 9mm

High Power Mark II 9mm

High Power G. P. Practical 9mm

High Power Vigilante 9mm

High Power G.P. Sport 9mm

High Power Military Nato 9mm

High Power Mark III S 9mm

HiPower Capitan 2405144 9mm

Hi-Power Standard 51003: 494, 493, 394, 393 9mm, .40S&W

HP-Practical Adj. Sights 9mm

HP-Practical Adj. Sights .40 S&W

Pro-9, Pro-40 051251393, 051252394 9mm, .40 S&W

Browning Fabrique Nat

High Power 9mm

Bruni, S.P.A.

Jaguar-80 .32

BUL Transmark, Ltd

Cherokee 10901 9mm, 40 S&W

Cherokee Compact BUL-10903 9mm

M-5 & M-5 Frame All 9X19, 9X21, 9X23, .38 SUP

M-5 & M-5 Frame All .40 S&W, .45 ACP

Bushmaster

C 15 9mm

P 97 S 5.56

Calico

M110 .22 LR

950 9mm

Caspian Arms Ltd

Frames All All

M1911 Style .45 ACP

CCF Raceframes LLC



Alloy Glock Pistol Frame N/A N/A

Century Gun Distributing Inc

Model 100 .45-70

Model 300 .375 WIN

Model 300 .30-30

Model 400 .444 MAR

Model 500 .50-70

Charles Daly

ZDA 9mm, .40 S&W

1873 .357Mag, .45 LC

1911A1 Empire EFST, ECMT, EFS, ECS, EMS .45 ACP, .38 Super, 9mm, .40 S&W

1911-A1 Field FS, MS, CS, EFST, EFS, EMS, ECS .45 ACP, 9mm, .38 SUP, .40 S&W

1911-A1 Field FS, MS, CS, EFST, EFS, EMS, ECS EFST, EFS, EMS, ECS

Daly HP HP 9mm

DDA 10-45 .45 ACP, 9mm, .38 SUP, .40 S&W

Field 1911-A1P .45 ACP

M-5 Daly M-5: Ultra-X, IPSC Government, Commander

.45 ACP, 9mm, .40 S&

Charter 2000

357 Pug .357 Mag

Charter Arms/CHARCO INC

Chic Lady 53839 .38 SP

Cougar 53833 .38 SP

Lavender Lady 53840 .38 SP

Santa Fe Sky 53860 .38 SP

Bonnie .32 H&R

Bulldog .44 SPL

Bulldog Pug .44 SPL

Bulldog Tiger 24420 .44 SPL

Bulldog Tracker .357 MAG

Clyde .38 SP

Explorer II&SII 9228 & 9228S .22 LR

Goldfinger 53890 .38 Sp

Mag Pug & Target Mag Pug 73520, 73521, 73540, 13520 .357 Mag

Off Duty .22 LR, .38 SPL

Pathfinder .22LR/MG

Patriot 73270, 73274 All Calibers

Pink Lady N/A .38 SP

Pit Bull 9mm

Police Bulldog .32 H&R, .38 SPL, .44 SPL

Police Undercover .32 H&RMG, .38 SPL

Target Bulldog .357 MAG, .44 SPL

Undercover .38 SP

Undercover Lite 53820 .38 SP

Chiappa Firearms

Plinkerton .22LR, .22 Mag

Puma M-1911-22, 1911-22 .22 LR



Puma Bounty Hunter .45 LC, .44 MAG, .44/40 Winchester

Chip McCormick Corp

1911A1 Frame Forged Custom Grade .45 ACP, .38 SUP, 9mm, .40 SW

Frames MCS-38 & MCS-45 .38 Sup & .45 ACP

Chipmunk

Silhouette .22 LR

Cimarron Arms

Rich Mason Conv 1851 Navy 1860 Army .38 SP, .44 Colt, .45 S&W

Schofield .44-40

Cimarron Arms (Aldo Uberti)

1872 Open Top 38SP/CT, .44SP/CT/RUS, .45SCH

1875 Remington .357 MAG, .44 WCF, .45 Colt

1890 Remington .357 MAG, .44 WCF, .45 Colt

1911 1911AI .45 ACP

Lightning .38SP/CT, .44SP/CT/RUS, .45SCH

Lightning .22 LR, .32-20, .32 H+R Mag

P .38 SP, .38 Colt, .44 Colt

P .22 LR, .32 H+R Mag

P .45 LC

P Jr. .22LR .38SP .38SW .32-20 .32SW

P Jr. .32 H+R Mag.

Single Act. Arm .44 S&WSP, .44 WCF, .45 Colt

Single Act. Arm .22 LR, .357 MAG, .38 WCF

Single Act. Tar .45 Colt

Single Act. Tar .38 WCF, .44 S&WSP, .44 WCF

Single Act. Tar .22 LR, .22 MAG, .357 MAG

Single Act.Lg F .44 MAG

Thunderer .357 Mag., .38 Sp, 44-40, .44, Spec., .45 LC, .45 ACP

Citadel (L.S.I)

1911 A-1 CIT 45 .45 ACP

1911, 1911C CIT45FSP, CIT45CSP .45 ACP

Cobra Firearms

CA Series CA32, CA38 .32 ACP, .380 ACP

Freedom Series FS-32, FS-380 .32 ACP., .380 ACP

Shadow S38 .38 SP

Colt/Colt’s Mfg. Co., Inc

.380 S’80 Govt. All .380 ACP

1860 Army Black Powder Conversion .44 Colt

1861 Navy Black Powder Conversion .38 LC

22 Target .22LR

Agent All .38 SP

Albany Tricente G2261AT .22 LR

All Amer. 2000 All 9mm

Anaconda All .44 MAG, .45 LC

Boa All .357 MAG

Cobra All .38 SP



Colt 22 All as of 4/30/96 .22 LR

Comb Cmndr S’80 All .38 Sup, 9mm, .45 ACP

Combat Elite All .40S&W,10mm,.45 ACP,.38 SUP

Combat Stallion O9848CS .45 ACP

Combat Target All .45 ACP

Comm.Ltwt. S’80 All .45 ACP

Commanding Off. O9186 OR O9046 .45 ACP

Commando Spec All .38 SP

Cowboy .45LC, .44MAG, .44-40, .357MAG

Custom Comb. 10 O2011CC 10mm

Custom Competit 9mm .40 S&W .45 ACP .357 SIG

Dbl. Eag. S’90 All 9MM.38 SUP.45 ACP,10mm .40SW

Defender 9mm .40 S&W .45 ACP .357 S

Delta 10 Series 80 10mm

Delta Elite All 10mm

Delta Gold Cup All 10mm

Detective Spec. All .38 SP

Diamondback All .22 LR, .38SP

Doub. Dia. Offs O1986 .45 ACP

Doub. Dia. Pyth I1986 .357 MAG

DS-II .38 SP

El Dorado O5138ED .38 SUP

El General O2575 .38 SUP

El Jeffe O1070EJ .38 SUP Elt Team Pistol O8014 .45 ACP Elt Team Pistol O2014 10mm Gold Cup Cmndr O4070, O4070GS .45 ACP Gold Cup Cmndr O4870 .45 ACP Gold Cup El O5245GCE .45 ACP Gold Cup Elite O5842 .40 S&W Gold Cup Elt 40 05842GCE .40 S&W

GoldCp MKIV S80 All .45 ACP, .38SUP, 9mm Govt Pocketlite All .380 ACP Heirloom .45 ACP King Cobra All .357 MAG Lawman MK V All .357 MAG Limited Class 01991LCM .45 ACP M1991A1 .45 ACP Magnum Carry 357 MAG Match 10 Pistol O2010MT 10mm

. MKIV/S’80 Govt All .38SUP, 9mm .45ACP .40S&W, .22LR Model 1991 A1 All .45 ACP, 9mm Mustang All .380 ACP Mustang Pktlt. All .380 ACP Mustang Plus II All .380 ACP NCO Special Ed O9845NC .45 New Agent 0-7810-D .45 ACP Night Defender 07000NDF .45 ACP Night Officer II .45 ACP Nite Lite .380 ACP Officers Match O50700M .45 Off’s ACP S’80 All .45 ACP Peacekeeper All .357 MAG Pocket Nine 9mm



Police Positive .38SP Pony .380 ACP Python All .357 MAG SAA All Al SF-VI .38 SP Silver Stallio O9847SS .45 ACP Snake Eyes I3021SE & I3620SE .357 MAG Spc Ligtwgt Com O4540LWC .38 SUP Special Edtns. All with 1970 & 1991 .45 ACP Super Stallion O5240SS .38 SUP Tank Officers C O4616T0 .38 SUP Texas 150TH Pre P2840TP .45 LC Trooper MK V All .357 MAG Ultra Elt Gover O6395UE .380 GOVT Ultra Ten O5012UT 10mm Whitetailer V8385 & AA3080WT .357 MAG Comanche Comanche I .22 LR Comanche II .38 Spl Comanche III .357 Mag. Super Comanche .45LC/.410 Gauge Competition Arms Competitor Single Shot All Coonan Arms A and B .357 MAG Cadet .357 MAG Coonan Classic .357 Mag Daewoo DH-380 .380 ACP DH-40 .40 S&W DP-51 9mm DP-52 .22 LR Dan Wesson 22 .22 LR, .22 MAG 38 .38 SPL 41 .41 MAG 45 .45 LC 44 .44 MAG 357 .357 MAG, .357 MAX 32/732 32/732 .32 MAG 375 Super Mag 375 375 S.MG 445/7445 445/7445 445 SUP MG Heritage RZ-45 .45 ACP Patriot CL Bobtail .45 ACP Dan Wesson Firearms/NYI Compensated Ser All .357, .41, .44, .45, .460 Row Compensated Ser All .357++ .357SM .414SM .445SM Large Frame Ser All .41, .44, .45, .357++, .460 Pointman All .45 ACP Small Frame Ser All .22LR/MAG .32 .32-20 .38 .3 Stnd Silhouette All .357SM, .414SM, .445SM Stnd Silhouette All .22LR, .357++, .41M, .44M Super Ram Sil. All 414SM, .445SM, .357SM Super Ram Sil. All .22LR, .41, .44, .357++ SuperMag Frame All .357SM, .414SM, .445SM Davis Industries P-380 .380 ACP P-32 .32 ACP Detonics 9-11-01 .45 ACP, .38 Super Combat Master MARK V .38 SUP, .45 ACP, 9mm Combat Master MARK VI .38 SUP, .45 ACP, 9mm



Combat Master MARK VII .38 SUP, .45 ACP, 9mm Combat Master MC-1 38 SUP, .45 ACP, 9mm Combat Master MC-2 .38 SUP, .45 ACP, 9mm CombatMaster .45 ACP, .40 S&W, .357 Sig, .38, Super, 9mm Compmaster .45 ACP Janus Scoremast .45 ACP, .451 MAG Ladies Escort .45 ACP Pocket 380 .380 Pocket 9 9mm Pocket 9 L S 9mm Power 9 9mm Scoremaster .45 ACP, .451 MAG Servicemaster .45 ACP StreetMaster .45 ACP Diamondback Firearms DB-380 .380 ACP Dilo Svratouch, Gottwaldovo Drulov 75 F.P. .22 LR Dlask DAC 394 9mm D-Max Sidewinder L-5 .375 Win D-Technik Skorpion VZ61 .32 ACP E.A. Brown Mfg Sing. Shot Pist All All E.A.A./F. Tanfoglio Bounty Hunter EASAM B/C/6 .22LR/M Bounty Hunter EASAB & EASAC .22LR/MAG Bounty Hunter EASAM B6/C6 .22LR/MAG Bounty Hunter EASAMB9 .22LR/MAG Bounty Hunter EASAMBR6 .22LR/MAG Carry Comp. 9mm, .40S&W European EA 380B, EA 380C .380 ACP European EA 32B, EA 32C .32 ACP European EA 22B, EA 22C .22 LR European EA 22 T .22 LR European EA 380 DAB/C/BC .380 ACP FAB-92LB 9mm, .40 S&W, .45 ACP Witness 9X21, .38 SUP, 10mm, .22LR Witness EA38 .38 SUP Witness EA10 10mm Witness EA9 Ported 9mm Witness EA41 B/C/BC/SS .41 AE Witness EA41 Ported .41 AE Witness EA40 B/C/BC/SS .40 S&W Witness EA40 Ported .40 S&W Witness EA45 B/C/BC/SS .45 ACP Witness EA45 Ported .45 ACP Witness EA9 LB/LC/LBC/LSS 9mm Witness EA41 LB/LC/LBC/LSS .41 AE Witness EA40 LB/LC/LBC/LSS .40 S&W Witness EA45 LB/LC/LBC/LSS .45 ACP Witness EA9 B/C/BC/SS 9mm Witness FAB 92 9mm, .45 ACP, .40 S&W Witness Frames **(See notes on last page Witness P 9mm .40 S&W .45 ACP .357 SIG Witness Sport 9X21, .38 SUP, 10mm, .22LR Witness Sport 9mm, .41AE, .40S&W, .45ACP Witness Sprt/LS 9X21,.38 SUP, 10mm, .22LR Witness Sprt/LS 9mm,.41AE,.40S&W,.45ACP,9X21 Wtns Gold Team .38 SUP, 10mm, .22LR



Wtns Gold Team 9mm,.41AE,.40S&W,.45ACP,9X21 Wtns LTD/UNLTD 9mm, .41 AE, .40 S&W, .45 ACP Wtns LTD/UNLTD 9X21, .38 SUP, 10mm, .22LR Wtns Slvr Team .38 SUP, 10mm, .22LR Wtns Slvr Team 9mm,.41AE,.40S&W,.45ACP,9X21 Wtns Sprt LSP 9X21, .38 SUP, 10mm, .22LR E.A.A./Hermann Weihrauch Big Bore Bounty Hunter .44/40, .45 LC Big Bore Bounty Hunter .357 MAG, .41 MAG, .44 MAG Windicator .357 MAG E.M.F. (Alder-Jager) Dakota Dakota Bisley .22 LR, .32-20, .357 MAG Dakota Dakota Bisley .38-40, .44 SPL, .44-40, .45LC E.M.F. (Aldo Uberti) 1875 Remington .357 MAG, .44-40, .45 LC 1890 Remington .357 MAG, .44-40, .45 LC Hartford Premier I&II E.M.F. (San Marco) New Hartford .22 LR, .32-20, .357 MAG New Hartford .38-40, .44 SPL, .44-40, .45LC New Mod. Dakota 38-40, .44 SPL, .44-40, .45LC New Mod. Dakota .22 LR, .32-20, .357 MAG Ed Brown Products California Kobra Carry KC-SS-CAL .45 ACP Classic Custom C-BB,C-SB,C-SS .45 ACP Executive Carry EC-BB,EC-BB-A,EC-SB,EC-SB- A,EC-

SS,EC-SS-A .45 ACP

Executive Elite E-BB,E-BB-A,E-SB, E-SB-A,E- SS,E-SS--A

.45 ACP

Kobra K-BB,K-BB-A,K-SB,K-SB-A,K- SS,K-SS-A

.45 ACP

Kobra Carry KC-BB,KC-BB-A,KC-SB,KC-SB- A,KC-SS,KC-SS-A

.45 ACP

El Dorado Arms Inc El Dorado .375 SMAG, .41 MAG, .44 MAG El Dorado .22 LR, .357 MAG, .357 MAX El Dorado .45 LC Enterprise Arms, Inc Elite P325 .45 ACP Frame Kit Govt, Cmndr, Officer ** Tactical P325 .45 ACP Titleist P500 .45 ACP, .40 S&W Trnmnt. Shooter .45 ACP Erma-Werke 772 .22 LR 773 .32 S&WL 777 .357 Mag. EP 22 .22 EP459 .380 Erman KGP 69 .22 LR ESP-85A .22 LR KGP 68, KGP 68A .380 ACP KGP 68A (PO-8) .380 ACP, .32 ACP, .22 LR KGP 69 .22 LR Mini PO8 .380 P08 .22 LR PK22 .22 Erma-Werke GMBH EP380 .380 ACP Essex 1911A1 Receiver ** (See note on last page) Commander Rec. ** (See note on last page)



Excam/Targa GT 22B/C/T .22 LR GT 32B/C .32 ACP GT 380B/BE/C GT380CE/XE .380 ACP RX - 38 .38 Sp Excel Arms Accelerator MP 17 .22 MAG, 17 HMR Accu-Tek HC-380 .380 ACP Accu-Tek AT 380 II .380 ACP X-22P .22 LR F LLI Pietta Great Western II 1873 Californian .357 Mag., .44/40, .45 Colt F. Lle Pietta Liberty 1873 .357 MAG,.44-40,.44 MAG,.45LC F. Tanfoglio AT 84DA 9mm AT 88 9mm E 15MB/C .22 E 15MB/C .22 E 32 .32 E 380B/C .380 GT 22 .22 TA 226M .22 TA 380 .380 TA 76, TA76M .22 TA 76, TA76M .22 TA 90 9mm TA 90 Baby 9mm TZ 5B/C 9mm TZ 75B/C 9mm F.A.P.A. M87 Tala .22 F.A.S. OP 601 .22S SP 602 .22 LR F.E.G. 40 RZ .40 S&W AP9 (PA63) .380 B9R .380 ACP Firebird T/58 9mm FP9 9mm GKK45 .45 ACP GKK-92C 9mm Mark II AP22 .22 LR MarkII-APK & AP .380 ACP MBK-9HP GR 1031 9mm MBK-9HP Compact P-9RC 9mm Model 74 7.65mm P9M 9mm P9R 9mm P9RK 9mm PA 63 .380, 9mm Makarov PJK-9HP GR 1066 9mm Para PMK-380 GR 1007 .380 ACP PPH .380 ACP R-61 .380 R-9 9mm SMC-22 .22 LR SMC-380 .380 ACP T-58 9mm & 7.62 Tokarev F.I.E. Cowboy CWMB3, CWMB6 .22CMBO.



Cowboy CWB3, CWB6 .22 LR Gold Rush GRS3, GRS4, GRS6 .22 LR Gold Rush GRMS3 .22CMBO Gold Rush GRMS4, GRMS6 .22CMBO. Little Ranger TEX22B3, TEX22MB3 .22 LR, .22CMBO SSP SSP .380 ACP Standard S22B2, S22MB2 .22 LR, .22WMR Standard S38B2 .38 SP. Standard S32B2 .32 H&R Texas Ranger TEX22B9 .22 LR Texas Ranger TEX22MB7, TEX22MB9 .22CMBO. Texas Ranger TEX22B, TEX22B7 .22 LR Titan 25 E28B/BG/C, E27B/BG/C .25 ACP Titan 25 LADY 25 .25 ACP Titan II E22B .22 LR Titan Tiger N38B2, N38B4 .38 SP F.I.E. Corp./CBC Silhouette Pist 722TP .22 LR F.I.E. Corp./F. Tanfoglio Buffalo Scout E15AT/B/C .22 LR Buffalo Scout E15MAT/MB/MC .22COMBO Super Titan II S380B .380ACP Titan II E380B/C .380ACP TZ-75 Govt. 9mm TZ-75 Pistol TZ41B/BC/C .41AE DA TZ-75 Pistol TZ9B/BC/C 9MM D.A. Yellow Rose E15LTD/MGW .22COMBO F.I.E. Corp./Hermann Weihrauch Golden Hombre 3575G, 3577G .357 MAG Golden Hombre 445G, 447G .44 MAG Golden Hombre 455G, 457G .45 COLT Hombre 445, 447 .44 MAG Hombre 3575, 3577 .357 MAG Fabrica Armi Sportiv CF603 .32 S&W Falcon Arms Portsider .45 ACP Feather Industries, Inc Mini-AT .22 LR Federal Ordnance, Inc. PSP-07 Combat C GU-0916 .45 ACP PSP-07 Combat C GC-0955 10mm Ranger 10 GU-0953 10mm Ranger Alpha GU-0956 thru GU-0959 .45 ACP Ranger Alpha GU-0960 thru GU-0963 10mm Ranger Alpha GU-0964 thru GU-0967 .38 Sup Ranger Ambo GU-0741 .45 ACP Ranger Ext GU-0742 .45 ACP Ranger Frames GU-0438, GU-0439 ** (See Notes on last page) Ranger G.I. GU-0740 .45 ACP Ranger Lite GU-0952 .45 ACP Ranger Supercom GU-0980 10mm Ranger Supercom GU-0915 .45 ACP Rgr MKII L-Fram GU-0179, GU-0180 .45 ACP Feinwerkbau AW-93, AW-93 US

Light, AW-93

AW-93, AW-93 Light, AW-93 US .22 LR, .32 S&W Long

Fiocchi Munizioni SP GPO International .22 SHORT MP32 International .22 LR Standard Pistol .22 LR



Firearms International 5000 Combat .45ACP .38SUP .40S&W .357 SIG Firestorm 45 Gov’t, Mini- Compact Compact .45 ACP Firestorm 380 .380 ACP Mini Firestorm 9mm, .40 S&W FM Hi Pow, M95 Det 9mm, .40 S&W, .45 ACP FM (Fab. Militar de Armas Por) Classic 9mm Detective 9mm Hi Pow Comp Det 9mm Hi-Power 90 9mm FN Herstal FNP-9, FNP-40, FNP-357 .357 Sig FNP-45 .45 ACP FNP-9, FNP-40, FNP-357 9mm, .40 S&W BDA-9 9mm, .357 SIG, .40 S&W BDAO 9mm, .357 SIG, .40 S&W Five-Seven IOM 5.7 x 28mm FNX-40 .40 S&W FNX-9 9mm Forty Nine Pist 9mm, .357 SIG, .40 S&W Hi Power DA, DAO, SA 9mm, .40 S&W, .38 SUP Foster Industries 1911 Frame High Capacity Recon N/A M1911 (Frame) 1911 .45 ACP, 38 Super, 9mm Freedom Arms 2008 Single Shot Handgun 83 353 Casull .357 MAG/.38SP 83 .50 AE 83 .500 WE 83 454 .454 CAS 83 83-Series 757 .50 AE, 475 Linebaugh 83 654 .41 MAG 83 252 Sil., Varm Class .22 LR/MAG 83 45 .45 LC/ACP/Win. Mag 83 44 MAGNUM .44 MAG/SP 97 1997 .38SP, .357MAG, .44 MAG, 44-40 97 .41 MAG, .32-20/H&R/ACP .44 SP 97 1997 .22 LR/MAG, .45 LC/ACP Fundulun (Ind. Argentina) P-22 P-22 .22 LR Fusion Firearms 1911 Series 70 Frame Gov; Commander; Officer Gamba (Italy Comp Mod Compct SAB G91 9mm Competition Mod SAB 90 9mm Mauser HSc Mod. 80 (HSc Super) .32/7.65 Mauser HSc Mod. 80 (HSc Super) .380/9MMK Serv Mod Compct SAB G91 9mm Service Model SAB G90 9mm Gaucher GN1, Sil. Pist. .22 LR GP .22 LR Gem Tech Oasis* * (Class 3 firearm –

restrictions apply) .22 LR

German Sport Guns (GSG) GSG 5 Pistol GSG 5 P; GSG 5 PK .22 LR GSG 522 P .22 LR GSG-1911 22 LR



GSG-5 (ASA) Austrian Sporting Arms

.22 LR

Glock 38 .45 GAP 39 .45 GAP 37 .45 GAP 17, 17C 9mm 17Gen4 17Gen4 9mm 17L 9mm 17RTF2 17RTF2 9mm 19 Gen4 9mm 19, 19C 9mm 19RTF2 19RTF2 9mm 20 SF 10mm 20, 20C 10mm 21 SF MB P72150202 .45 ACP 21, 21C .45 ACP 21SF RTF2 21SF RTF2 .45 Cal 22 RTF2 22 RTF2 .40 Cal 22, 22C .40 S&W 22Gen4 22Gen4 .40 Cal 23 .40 S&W 23 Compact .40 S&W 23 Gen4 .40 Cal 24 .40 S&W 26 9mm 26 Gen4 9mm 27 Gen4 .40 Cal 27, 27C .40 S&W 29, 29C 10mm 29SF 10mm 30 SF .45 ACP 30, 30C .45 ACP 31 Gen4 .357 Cal 31, 31C .357 SIG 32, 32C .357 SIG 33, 33C 357 SIG 34 9mm 35 .40 S&W 35 Gen4 .40 Cal 36 .45 ACP 37 Gen4 .45 ACP

Grendel

Hammerli P-12 .380 ACP

Hammerli

107 .22 LR

150 .22 LR

152 .22 LR

208 .22 LR

208 S .22 LR

212 .22 LR

215 .22 LR

P232 .22S

SP-20 .22 LR, .32SWLWC

Target Pistol 280 .22 LR, .32 S&WL



X-Esse Sport, Long and Short .22 LR

Harrington & Richardson

976 .22 SLLR

504 .32 H&R

532 .32 H&R

586 .32 H&R

622 & 623 .22 SLLR

632 & 633 .32 S&WL

649 & 650 .22 LR, .22 MAG

686 .22 LR, .22 MAG

904 .22 LR

926 .22 LR, .38 S&W

929 & 930 .22 LR

999 Second Issue .22 LR

949 & 950 .22 SLLR

732, 733 .32 S&WL

939 Ultra .22 LR

922 Second Issue,923 .22 LR

Heckler & Koch

P2000SK 9mm, .357 SIG, .40 S&W, .45 ACP

SP2000 9mm, .40 S&W, .357 SIG, .45 ACP

4 9mm

Expert 9mm, .40S&W, .45ACP, .357 SIG

HK 4 7.65

HK 45 Compact HK45C .45 ACP

HK45 .45 ACP

MK23-USSOCOM 9mm, .40 S&W, .45 ACP

P10 Jubilee 9MM X 19

P30 N/A 9mm

P30 N/A 40 S&W

P30L N/A 9mm

P4 .22

P7 9mm

P7K3 .22 LR, .380

P7M10 M10 .40 S&W

P7M13 9mm

P7M8 9mm

USP .357 SIG

USP 40 .40 S&W

USP 45 .45 ACP

USP 9 9mm

USP Tact. Match .45 ACP, .357 SIG, 9mm, .40S&W

USP-Compact 9mm,.40 S&W,.45 ACP, .357 SIG

VP 70Z 9mm

Hege Jagd



Sing. Act. .357 MAG

Helwan

Brigadier 9mm

Herbert Schmidt

HS 21 .22

HS 21S .22 LR

HS 21S .22 LR

HS 38S .38

Sierra .38

Texas Scout .22

Heritage Mfg. Co

Rough Rider Big Bore RR45, RR357, RR4440 .357 Mag., .44-40, .45 Colt

Rough Rider All .22 LR/.22 MAG, .17HMR

Rough Rider All .32 H&R Mag, .32 S&W Long, .32 S&W Long Colt

Rough Rider All .22 LR/.22 MAG, .17HMR

Hermann Weihrauch (Arminius)

7228 .22

ARM357 .357

ARM445 .357

ARM455 .45

HW-357 .357

HW384TB .38

HW386TB .38

HW38T .38

HW4T .22, .32

HW522TB .22 LR

HW532TB .32 S&W

HW5T .22, .32

Hi Point Firearms

C9 C9mm 9mm

CF CF380 .380 ACP

JCP JCP40 .40 S&W

JHP JHP45 .45 ACP

JS Series Comp. 9mm

High Standard Man. Co., Inc

10X .22 LR

Citation II .22 LR

M1911A1 HSTX1911 .45 ACP

Olympic ISU .22 Short

Sharpshooter .22 LR

Sport King .22 LR

Sup. Citation .22 LR

Sup. Trophy .22 LR



Sup. Trophy .22 LR

Tournament .22 LR

Victor .22 LR

HS

HSC HSC55 .22 LR

HSK HSK45 .22 LR

HSO HSO67 .22 LR

HST HST55 .22 LR

HSV HSV55 .22 LR

I. O., Inc

Hellcat .380 .380 ACP

Intrac

HS2000 9mm, .40 S&W, .357 SIG

Intratec

Skorpion TEC-22 .22 LR

Israel Arms Int., Inc

M5000 & M6000 9mm, .40 S&W, .45 ACP

Israel Military Industries

Desert Eagle .357 MAG, .44 MAG, .50 MAG

Jericho 45FS .45ACP

Desert Eagle Baby 9mm, .40 S&W, .41 AE

Desert Eagle Baby .45 ACP

Jericho 941 9MM/41AE

Magnum .41 MAG

Magnum Massada .357MAG, .41AE, .44MAG 50AE

Mini Massada 9mm, .40 S&W, .45 ACP

Israel Weapon Industries (IWI)

Jericho 941 R-40 .40 S&W, 9 X 19mm, .45 ACP

ISSC

M 22 .22 LR

Ithaca

50th Annivers. 1911A-1 .45 ACP

M1911A1 .45 ACP

J.G. Anschutz

1416 P Unlimitd .22LR/HRN

1416 P XIV Unlm .22LR/HRN

Exemplar .22 HRN, .22 LR

Exemplar Left .22LR/HRN

Exemplar XIV .22LR/HRN

J.P. Sauer & Sons

6 Shooter .22 M

Chief Marshall .357 MAG

Deluxe .357

P-357 .357



Western Marshal .357

JSL Ltd

Spitfire 9mm

Kahr Arms

KT9, KT40 9mm, .40 S&W

TP40, TP9, TP45 .40 S&W, 9mm, .45 ACP

PM40 .40 S&W

KP45 .45 ACP

CW 45 CW 4543 .45 ACP

CW40 CW4043 .40 S&W

CW9 CW9093 9mm

E9 9mm, .40 S&W, .45 ACP

K40 .40 S&W

K40 Covert 9mm, .40 S&W

K9 9mm

KP40 .40 S&W

MK40 .40 S&W

MK9 9mm

P380 KP3833 .380 ACP

P-9 & P-40 9mm, .40 S&W

PM 45 PM 4543 .45 ACP

PM9 9mm

Kelby’s Inc

Stolle Cub Pist .222, .308 & PPC

Kel-Tec

P3AT .380

PF9 9mm

P-11 9mm

P-40 .40 S&W

PLR-16 .223 Rem

PLR-22 .22 LR

PMR 30 .22 WMR

Kimber

Comp Al Stnl All .40 S&W, .45 ACP

Comp Al Stnl II All .40 S&W, .45 ACP

Compact All .45 ACP, .40 S&W

Compact Carry .45 ACP, .40 S&W

Compact CDP .45 ACP

Compact CDP II All .45 ACP

Compact Custom 9mm .40 S&W .45 ACP .357 SIG

Compact II All .45 ACP

Compact Stnl All .40 S&W, .45 ACP

Compact Stnl II All .40 S&W, .45 ACP

Crown Custom II Special Edition .45 ACP



Cust Eclipse II All .45 ACP

Cust Target II All .45 ACP

Custom .45 ACP

Custom CDP All .40 S&W, .45 ACP

Custom CDP II All .45ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig

Custom Crimson Carry II .45 ACP

Custom II All .45 ACP

Custom Royal .45 ACP

Custom Stnless .45 ACP

Custom Target All .45 ACP

Desert Warrior .45 ACP

Eclipse Custom II All .45 ACP, .38 Sup., 9mm, .40 S&W, 10mm, .357 Sig

Eclipse Pro II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig Eclipse Pro Target II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig Eclipse Target II All 45 ACP, .38 SUP, 9mm Eclipse Ultra II All .45 ACP, .40 S&W, .38 Sup, 9mm, 10mm, .357 Sig Elite Carry .45 ACP Gld Comb Stn II .45 ACP Gld Mat Stnl II All .45 ACP Gold Comb Stnl All .45 ACP Gold Combat All .45 ACP Gold Combat II All .45 ACP Gold Guardian .45 ACP Gold Match .45 ACP Gold Match II .45 ACP Gold Match Stainless II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig Gold Match Ten II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig Gold Mtch Stnls .38 SUP, 9mm, .40 S&W, .45 ACP Grand Raptor .45 ACP Grand Raptor II .44 ACP LTP II All 45 ACP, .38 Sup., .40 S&W, 9mm, 10mm, .357 Sig. Ply ProCar Stnl All .45 ACP PlyStnl Gld Mat All .45 ACP Poly Gold Match All .38 SUP, 9mm, .40 S&W, .45 ACP Poly Stainless All .45 ACP Polymer All .45 ACP, .38 SUP, 9mm, .40 S&W Polymer Custom .45 ACP Polymer Pro Car All .45 ACP Pro Aegis II 9mm Predator .221 FIRE, .223 REM, 7MM TCU Pro Carry .45 ACP, .40 S&W Pro Carry HD All .45 ACP Pro Carry HD II All 38 Sup., 9mm, 10mm, .40 S&W, .357 Sig, .45ACP Pro Carry II All .45 ACP Pro Carry II All 9mm



Pro Carry Ten II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig Pro CDP .45 ACP Pro CDP II .40 S&W, .45 ACP Pro CDP II All .40 S&W, .45 ACP Pro Crimson Carry II .45 ACP Pro Elite .45 ACP Pro Raptor II .45 ACP, 10mm, .38 Super Pro SLE .45 ACP Pro Tactical II/Tactical Pro II .45 ACP Pro Tactical II/Tactical Pro II All 40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Pro TLE II Pro TLE II .45 ACP ProCar Stnls II All .40 S&W, .45 ACP ProCarry Stnls All .40 S&W, .45 ACP Raptor II .45 ACP, 10mm, .38 Super Rimfire Target II 17M2 22, .17 Mach2 Royal Carry .45 ACP Royal II All 45 ACP SIS Custom RL 45 ACP SIS-PRO .45 ACP Solo Carry 9mm Stainelss Target II All .38 Sup., 9mm, .40 S&W, 10mm, .357 Sig., .22 LR Stainless All 38 SUP, 9mm, .40 S&W, .45 ACP Stainless All .17 HM2 Stainless II All 40 S&W, .38 Sup., 9mm, 10mm.357 Sig., .22 LR Stainless II All 45 ACP Stainless Ten II All 45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. StnGldMat SE II All .38 SUP, .45 ACP Stnless. Covert .45 ACP Stnls Target II All .45 ACP Stnlss Target All .17 HM2 Stnlss Target All .38 SUP, 9mm, .40 S&W, .45 ACP Super Carry Custom 3000246 .45 ACP Super Carry Pro 3000247 .45 ACP Super Carry Ultra 3000248 .45 ACP Super Match .45 ACP Super Match .22 LR, .17 HM2 Super Match II All .45 ACP Tactical Custom II All 45 ACP, .40 S&W, .38 SUP., 9mm, 10mm, .357 Sig Tactical Entry II 3200199 .45 ACP Target Match 45 ACP Team Match II .45 ACP Team Match II .38 Super TLE II .45 AP Ult Carry Stnls All .40 S&W, .45 ACP UltCar Stnls II All .40 S&W, .45 ACP



Ultra RCP II .45 ACP Ultra Carry All .40 S&W, .45 ACP Ultra Carry II All .45 ACP Ultra CDP All .40 S&W, .45 ACP Ultra CDP II All .40 S&W, .45 ACP Ultra Elite All .45 ACP Ultra Raptor .45 ACP Ultra SP II Special Edition .45 ACP Ultra Tactical II All .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig Ultra Tactical II .45 ACP Ultra Ten II All .45 ACP Ultra TLE II .45 ACP US Team Match II .45ACP Warrior .45 ACP, 10mm, .38Super Korriphila GMBH HSP 701 .45 ACP, 9mm Korth GMBH 1979 .32/357 Combat .357 MAG Semi-automatic .357 Sig, .40 S&W, 9mm, 9x21 Tactical .45 ACP KSN Industries, Inc Golan 9 MM & .40 S&W Kareen Compact 9mm Kareen MK II 9mm, .40 S&W L.A.R. Grizzly .357 MAG, .357/45, .45 ACP Grizzly .45 WM, 10mm Grizzly 50 Mark V .50 AE Grizzly .45 WM, 10mm Laseraim Arms Series I 1015 -FS, AS, LS, US 10mm Series I 4515 -FS, AS, LS, US .45 ACP Series I 4513 -FS, LS .45 ACP Series II 1025 -FS, AS, LS, US 10mm Series II 4523 -FS .45 ACP Series II 4525 -FS, AS, LS, US .45 ACP Series III 4535 -FS, AS, LS .45 ACP Series III 1035 -FS, AS 10mm Warthog 453WS, 403WS .45 ACP, .40 S&W Wild Weasel 405WS, 405WHS .40 S&W Wild Weasel 455WS, 455WHS 45 ACP Les Baer Custom 1911 S.R.P. .45 ACP



Baer Premier II .45 ACP Baer S.R.P. .45 ACP Bullseye Wadcut .38 SUP, .45 ACP Concept I,II .45 ACP Concept III,IV .45 ACP Concept IX,X .45 ACP Concept V,VI .45 ACP Concept VII .45 ACP Concept VIII .45 ACP Custom Carry .45 ACP Monolith/Hvywt. 9mm, .40 S&W, .38 SUP, .45 ACP N.M. Hardball 45 ACP Premier II 9mm, .40 S&W, .38 AUP, .45 ACP Premier II .400 .40 S&W Premier II 6” .45 ACP Prowler III .45 ACP Prowler IV .45 ACP, .38 SUP Stinger 9mm, .40 S&W, .38 SUP, .45 ACP Target Master 1911 .45 ACP Thunder Ranch 9mm, .40 S&W, .38 SUP, .45 ACP Ult Mast Combat .45 ACP Ult. Mast. Para 45 ACP Ultimate Master 9mm, .40 S&W, .38 SUP, .45 ACP UltMast Compen. .45 ACP UltMast ParaLtd .45 ACP X-treme Tactical Pistol LBP2310/ETP .45 ACP Llama 111-A .380 ACP Comanche III .357 MAG Comp. Frm IXD .45 ACP Comp. Frm MAX-I .45 ACP IX-A .45 ACP IX-B (Compact) .45 Lrg. Frm. IXC .45 ACP Lrg. Frm. MAX-I .45 ACP M-82 9MMP M-87 9mm Max II .45 ACP, 9mm, 10mm MAX-I .45 ACP MAX-I-Govt. 9mm, .45 ACP Micromax .380 ACP Minimax 45,40,9 .45 ACP, .40 S&W, 9mm Omni 9mm Super Comanche .44 MAG VIII .38 SUP



X-A .32 ACP XIB 9mm XII-B - 40DTC .40 S&W XV .22 LR Lone Wolf Timerwolf (Frame) N/A M.O.A. Maximum All Maadi Co Helwan 9mm Magnum Research BFR Little Max .454 Cas, .45 LC, 22 H, .50 AE BFR

N/A .480 Ruger/.475 Linebaugh, .460 S&W, .450 Marlin, 30-30

BFR Maxine .45 LC, .45-70, .444 Marlin Desert Eagle 1911 “G” .45 ACP Desert Eagle 357 MAG, .44 MAG, .50 AE Lone Eagle All Micro Desert Eagle ME 380 .380 ACP Mountain Eagle MEP 2201 .22 LR Picuda ML-1722 .22 LR, .17 HMR Manchester Arms Comm. Mini-45 .45 ACP, 9mm Manurhin MR 22 .22 MR 32 .32 MR 73 .357 P-1 9mm PP .22 LR PPK/S .22 LR, .32 ACP, .380 ACP Match Guns MG2 MG2 .22 LR

Mateba

6 Unica .44 Remington Mag. Mauser 90 Compact DA 9mm 80 SA 9mm HSC .32/7.65, .380/9MMK 90 DA 9mm Metro Arms Amer. Classic II - 1911 Gov. Mod 1911 45ACII & AC45G .45 ACP Amer. Classic II - 1911 Gov Mod. AC45G 2 .45 ACP Mil, Inc



Thunder 5 .45LC/.410,9MM,38/357,.380.44M Mitchell Arms Inc Am. Eag. Luger P-08 9mm Army Model .22LR, .357 MAG, .44 MAG,.45LC Gold Series Standard or Wide .45 ACP HS Citation II HSCITSS5/7 .22 LR HS Sharpshooter II - HSSHFSS5 .22 LR HS Sport KingII HSKNGSS4/6 .22 LR HS Trophy II HSTPHSS5/7 .22 LR HS Victor II HSVIC 554/5/DTS/WRS .22 LR HSOlympic ISUII HSISUSS6 .22 SH Morini Single Shot 84E .22 LR Navy Arms 1875 Sch Cavlry Deluxe, Engraved .44-40, .45 Colt 1875 Sch Hdout. .44-40, .45 Colt 1875 Sch WlsFrg Deluxe, Engraved .44-40, .45 Colt New Mod Russian .44 Russian Schofield .44-40 New England Firearms Standard Revolv R73-021 & R73-022 .32 H&R Standard Revolv R73-031 & R73-032 .32 H&R Standard Revolv R22-091 & R22-001 .22 WIN Standard Revolv R22-092 & R22-002 .22 WIN Standard Revolv R92-091 & R92-001 .22 LR Standard Revolv R92-092 & R92-093 .22 LR Standard Revolv R92-002 .22 LR Ultra Revolver R22-094 & R22-095 .22 WMR Ultra Revolver R73-095 & R73-094 .32 H&R Ultra Revolver R92-094 & R92-095 .22 LR Nighthawk Custom Dominator 1911 .45 ACP, 9mm, 10mm, .40 S&W, .357 Sig Enforcer 1911A1 .45ACP,9mm, 10mm, .38 Super, .22LR, .40 S&W Enforcer II 1911 .45 ACP, .40 S&W, 10mm, 9mm, .38 Super, .357 Sig, .22 LR GRP 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm GRP II 1911 45 ACP, .38 Super, 10mm, .40 S&W, 9mm GRP Recon 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Lady Hawk 1911 9mm, .45 ACP, .40 S&W Predator .45ACP, .22LR, ,38 Super, 9mm, 10mm, .40 S&W Predator II 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Predator III 1911 .45 ACP, .40 S&W, 10mm, 9mm .38 Super, .357 Sig, T 3 1911 .45 ACP, 9mm, 10mm, .40 S&W .357 Sig, Talon II 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Talon III 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Talon IV 1911 45 ACP, .40 S&W, 10mm, 9mm, .38 Super, .357 Sig, .22 LR



Talon Recon Rail .45 ACP, .22LR, .40 S&W, .38 Super, 10mm, 9mm Norinco 1911-A1 .45 77B 9mm M1911 Pistol .45 ACP M-213 9MM Makarov 59 .380 ACP, 9X18 Mini-NZ75 Pist. 9MM NP-15 & NP-15A 9mm PS-01 Pistol .22 LR Tokarev 54-1 7.62x25, 9mm Sportsman M-93 .22 LR Type NZ75 Pist. 9mm

Norinco - Navy Arms

TT Olympia WOP022 .22 LR

North American Arms

Guardian .32 ACP, .380 ACP, .25NAA, .32NAA

The Earl 1860 .22 Mag

Nowlin Mfg

7 X Excaliber (a.k.a. Dominator 9mm, .38 SUP, 9X23

Carry 9mm, .40 S&W, .45 ACP, 9X23

Challenger 9mm .38S 9X23 .40S&W .45ACP

Crusader 9mm .38S 9X23 .40SW .45ACP

Match Classic 9mm .38S 9X23 .40S&W .45ACP

Match Master .38 SUP, 9X23, .45 ACP

Mickey Fowler .45 ACP

World Cup PPC All

Olympic Arms

Wolverine .22 LR

Ordnance Technology

SSP-91 Al

Pachmay

Dominator All

Pacific Arms Corp

Frame 1911A1 .45 ACP

Para USA, Inc

Carry 9 CWX79R 9mm

GI Expert, GIExpert-EK GI45, GI45 EK .45 ACP

Lite Hawg RHX1045E .45 ACP

LTC 1911 PCX 99 R 9mm, .45 ACP

P 18-9 PX 189S 9mm

S 16.40 P16-40 Series .40 S&W

S 16-40 Limited SX 1640 S .40 Cal

SF-45-A PRX1445 CB .45 ACP

Slim Hawg PSH645 R .45 ACP

Super Hawg PLX 745 S .45 ACP



Super Hawg PLX 1445 S .45 ACP

Para-Ordnance

P14-40 Series .40 S&W

7.45 LDA .45 ACP

Tac-S .45 ACP, 9mm, .40 S&W

P13-45 Series .45 ACP

1911 SSP .45 ACP



P10 Series .45 ACP, .40 S&W



P12-LDA .45 ACP, .40 S&W, 9mm

P14-10,10C,10S 10mm

P16-10,10C,10S 10mm

P14.45 LDA .45 ACP

P15-10,10C,10S 10mm

F14-45 or F16-45GR ** (See Notes on last page)

CCW .45 ACP, 9mm, .40 S&W

OPS .45 ACP, 9mm, .40 S&W

PX938S .38 Super

LTC .45 ACP, 9mm, .40 S&W

Black Watch SSP & Companion .45 ACP, 9mm, .40 S&W

Carry .45 ACP, 9mm, .40 S&W

Carry 12 .45 ACP, 9mm, .40 S&W

Carry 9 CWX79R 9mm

Colonel .45 ACP, 9mm, .40 S&W

Companion Carry Option CCO .45 ACP, 9mm, .40 S&W

D1640LDA 40 S&W

Hawg 9 WHX129R 9mm

Hi-Cap, Hi-Cap Limited .45 ACP, 9mm, .40 S&W

P18 P10 D18 T18 All 9mm

Para Carry C6.45LDA 9mm, .40 S&W, .45 ACP

Para Companion C7.45LDA 9mm, .40 S&W, .45 ACP

Stealth Carry .45 ACP, 9mm, .40 S&W

Stealth Hi-Cap .45 ACP, 9mm, .40 S&W

Stealth Limited, Limited .45 ACP, 9mm, .40 S&W

Stealth P14-45 rename # 1100

Tac-Four, Spec Ops Tac-Four .45 ACP, 9mm, .40 S&W

Warthog rename #116

Pardini Armi

GT45, GT45S, PC45, PC45S .45 ACP

GPO Internation .22 S

GPS .22 S

MP32 .32 SWL

SP & HP .22 LR, .32L

Peter Stahl GMBH



M1911 .45, 10mm, 9mm

Phelp

Eagle I .44

Heritage I .45-70

Phillips & Rodgers

Medusa 47 .38, .357, 9mm

Phoenix Arms

HP-22 .22 LR

Precision Small Arms

Precision PSA 25 GR4000 .25 ACP

Quality Firearms, Inc

SO38B2/SO38B4 .38 Sp

SAA Western Ranger .22 LR

Radom

MAG 95 9mm

P-83 9mm

RAM-LINE, Inc

Exactor RPR 2215 .22 LR

Exactor-Target RPT 2238 .22 LR

Randall

Combat .45 .45 ACP

Raider/Service .45 ACP, 9mm

Service Model A-111 .45 ACP

Remington Arms Co., Inc

XP100 All

XP-100R KS All

XP-100 Custom All

1911 R-1 96323 .45 ACP

Republic Arms of South Africa

RAP 401 9mm, .40 S&W

RAP 440 9mm .40 S&W .45 ACP .357 SIG

Republic Arms, Inc

Patriot .45 ACP

Rexio

RJ-38 .38 Spl

Pucara 226 .22 LR

Pucara 324 .32 SWL

Pucara 326 .32 SWL

Pucara 384 .38 SP

Rock Island Armory

Governmnt, Commander Officers 1911A1 45 ACP, .38 SUP, 9mm

Hi-cap Government 1911A1 .45 ACP

Rock River Arms Inc.

Basic Ltd Match 9mm, .38SUP, .40 S&W, .45 ACP

Bullseye Wadcut .45 ACP

Frame **

Ltd. Match 9mm, .38SUP, .40 S&W, .45 ACP



Nat Match Steel 9X23, .38SUP, .40S&W, .45ACP

Nat Mtch Hrdbll .45 ACP

Standard Match 9mm, .38SUP, .40 S&W, .45 ACP

Standard Match 9mm, .38SUP, .40 S&W, .45 ACP

Ult Mtch Achiev 9X23, .38 SUP, .40S&W, .45ACP

Rohrbaugh Firearms

R9, 380 R9, 380 9mm, .380

RPM or Rock Pist. Man. Inc

Merrill Sportsm All

XL Pistol All

S R L Adler

Revolver .357 Mag.

Single Action .45 LC

S.A.M.

1911 Std, BT(HS,Com), Com .45 ACP

Safari Arms

Enforcer SA17-4E (STAINLESS) .45 ACP

Enforcer SA60A, SA60B, SA60C .45 ACP

Enforcer Short Grip SA20C .45 ACP

Enforcer SA20D, SA20E .45 ACP

Enforcer SA8630 E (STEEL) .45 ACP

Enforcer SA AL356 E (ALUM.) .45 ACP

Matchmaster SA8630 M (STEEL) .45 ACP

Matchmaster SA AL356 M (ALUM.) .45 ACP

Matchmaster SA 17-4M (SS) .45 ACP

Matchmaster Frm SA32SS (SS KIT) ** (See Notes on last page)

Matchmaster Frm SA20, SA20A, SA20B ** (See Notes on last page)

Matchmaster Frm SA348630 (STL. KIT) ** (See Notes on last page)

Sardius or Sirkis

SD9 9mm

Savage Arms

Striker .22 LR/MAG

Striker .17 HMR

Striker .22-250 .243 .308 WIN .223 REM

Sccy Industries

CPX-2 9mm (9 X 19)

Seecamp

LWS-.32 .32 ACP

LWS380 LWS380 .380

Sig Sauer/Sigarms Inc

P-232 .380 ACP, .32 ACP

P250 C , P250, P250 Sub-compact .380 ACP, .32 ACP

P250 C , P250, P250 Sub-compact 9mm, .40 S&W, .357 SIG, .45 ACP

P-226, P-226 Jubilee .22 LR

P-210 (1,2,5,6) .22 LR, 7.65mm, 9mm

P-245 .45 ACP, .40 S&W

Trailside .22 LR



P-220 .22 LR

P-229S 9mm, .40 S&W, .357 SIG

P-228 9mm

P-220 .38 SUP, .45 ACP, 9mm

P-239 9mm, .357 SIG, .40 S&W

P-238 .380 ACP

P-229 .357 SIG, 9MM, .40 S&W

Sig Pro SP2009 9mm, .40 S&W, .357 SIG

P-229 .22 LR

Sig Pro SP2340 .40 S&W, 9mm, .357 SIG

P-230 .380 ACP

P-226, P-226 Jubilee 9mm, .40 S&W, .357 SIG

P-225 9mm

220R .45 ACP

GSR 1911 1911 .45 ACP

Mauser M2 9mm, .40S&W, .357 SIG, .45 ACP

Mosquito .22 LR

P 556 Pistol P 556 5.56

Sig Pro SP2022 9mm, .357 Sig, .40 S&W

Skyy Industries

CPX-1 9mm

Smith & Wesson

631, 631-LS .32 H&R

952 9mm, .40 S&W, .357 SIG

4513 TSW .45 ACP

65 .357/.38SP

67 .38 SP

4421 .38 SP

4553 TSW .45 ACP

66 .357/.38

610 10mm

329PD .44 Mag

342 PD .38 SP

4046 TSW .40 S&W

646 .40 S&W

648 .22 Mag

337 PD .38 SP

60LS .38 SP, .357 Mag

4006, 4026, 4046 .40 S&W

3953, 3954, 3953 TSW 9mm

657 .41 Mag

681 .357 Mag

3904, 3906 9mm

41 .22 LR

4516 .45 ACP

52-2 .38 SP

332 .32 H&R



337 .38 SP+P

342 .38 SP+P

296 .44 S&W SP

617 .22 LR

M&P 340 .357 Mag

331 .32 H&R

242 .38 SP+P

3913, 3914, 3913 TSW 9mm

M&P 9mm, .40 S&W, .357 Sig

1911, SW1911DK 9mm

745 .45 ACP

6904 & 6906 9mm

M&P40C, M&P9C, M&P357C 40 S&W, 9mm, .357 Sig

422 .22 LR

669 9mm

439 9mm

459 9mm

M&P 360 .357 Mag

4546 .45

68 .38 SP

1911, SW1911DK .45ACP

500 500 S&W Mag

544 .44-40

SW99 .45 ACP

647 .17HMR

581 .357 Mag

6944 & 6946 9mm

6924 & 6926 9mm

5944 & 5946 9mm

5924 & 5926 9mm

624 .44 SP

5903, 5904, 5906 9mm

586 .357/.38

4526 .45

3913LS, 3914LS 9mm

2206 .22 LR

1066(NS), 1076(NS) 10mm

1006,1026,1046,1086 10mm

627 .357 Mag

16 .32 Mag

645 .45 ACP

945 .45 ACP

M&P .45 ACP

460 .38 SP

327 M&P .357 Mag

642 Lady Smith .38 SP

469 9mm



4003 & 4004 .40 S&W

4690 & 4691 9mm

6450, 6451, & 6452 .45 ACP

6590, 6591 & 6592 9mm

SW99 Compact .45 ACP, 9mm, .40 Cal

637 .38 SP

5905 9mm

410 .40 S&W

910S 9mm

13 .357/.38

457S .45 ACP

19 .357/.38

15 .38 SP

6690 & 6691 9mm

4536 .45 ACP

639 9mm

36 .38 SP

49 .38 SP

60 .38 SP

042 .38 SP

2213, 2214 .22 LR

410S .40 S&W

60 .357 Mag., .38 SP

4556 .45 ACP

5943, 5943SSV 9mm

659 9mm

10 .38 SP

640 (Carry Comp) .38 SP

686, 686 Carry Comp .357 Mag.

908S 9mm

1911, SW1911DK .38 Super

910 9mm

909 9mm

327 .357 Mag

520 .357 Mag

411 .40 S&W

908 9mm

42 .38 Sp

629 Hunter .44 Mag.

SW990L .45 ACP, 9mm, .40 S&W

360SC .357 Mag

620 .357 Mag

5906 Sp. Edition 9mm

5967 9mm

619 .357 Mag

21 .44 Spl

0845 .45 ACP



4505, 4506 .45 ACP

4576 .45 ACP

460 XVR .460 S&W Mag

357PD .41 Mag

65 Lady Smith .357/.38SP

915 9mm

325 .45 ACP

629 Classic DX .44 Mag

640 .38 SP

622, 622 VR .22 LR

351PD .22 Mag

1911SC .45 ACP

686 Mag Comp .357 Mag

629 Mag Comp .44 Mag

457 .45 ACP

4043 & 4044 .40 S&W

40 .38 S&W Special

632 (Centennial) .32 H&R

642 (Centennial) .38 SP

14 .38 SP

638 .38 SP

6685 .357MAG/.38 SP

24 .44 SP

27 .357/.38

629 or 629 Classic .44 Mag

3913-NL, 3914-NL 9mm

31 .22 LR, .32 S&W

940 (Centennial) 9mm

37 .38 SP

4586 .45 ACP

4566 FS .45 ACP

48 (K-22 Mast. MRF) .22 MRF

28 (Hwy. Patrol.) 357 Mag

18 (22 Comb. Mast.) .22 LR

12 .38 SP

651 (Serv. Kit Gun) .22MAG/LR

650 (Serv. Kit Gun) .22MRF/LR

432 .32 H&R Magnum

386 Sc/S .357 Mag

4567 .45 ACP

34 .22 LR, .32 CAL

4053, 4054, 4053 TSW .40 S&W

36LS .38 SP

17 .22 LR

64 38 SP

431 .32 H&R Magnum

317 .22 LR



63 .22 LR, .32 S&W

547-M 9mm

696 .44 SP

4013 & 4014 .40 S&W

4596 .45 ACP

317 LS .22LR/MAG

57 .41 Mag.

38 .38 SP

649 .357 Mag., .38 SP

#3 Schofield .45 Schofield, .45 S&W

.357 MAG K-Comp .357 Mag

22A, 22S Target or Sport .22 LR

25 All as of 4/30/96 .45 COLT

29 All as of 4/30/96 .44 Mag

310 Night Guard 10mm

38 Super 8-Shot 627 .38 SUP

40 Tactical 4003, 4043, 4006 .40 S&W

45 Tactical 4566 4563 4583 4586 .45 ACP

58 58 .41 Mag

625 All as of 4/30/96 .45 ACP

629 Backpacker .44 Mag

686 Competitor, Hunter .357 Mag

9 Tactical 5903, 5906, 5946 9mm

Air Lite SC 340S,340P,360S .357 Mag

Airlite PD 386P .357 Mag

Airlite PD 325 PD .45 ACP

Airlite SC Mt L .357 MAG .357 Mag

Airwt. Cent. 442 .38 SP

Bodyguard 38 BG 38 .38 SP

Bodyguard 380 BG 380 .380 ACP

Centennial 640-1 .357/.38SP

Chiefs’ Special CS9, CS45, CS40 9mm, .45 ACP, .40 S&W

Clas Power Port 629 .44 Mag

Dist Comb Mag + 686 .357 Mag

M&P 15 MP-15-22 .22 LR

Mountain Lite 396, 3960 .44 SP

N/A 396 .44 SP

N/A 315 .38 S&W Special

PC 60 Car. Comp 60 .38 SP

PC 651 651 .22 Mag

PC 66-F Comp. 66 .357 Mag

PC Shorty 45 45 ACP

Perf Cent Comp. .356 TSW, 9mm, .40 S&W

Perf. Cent. 356 .356 TC, .356 TSW .356 TSW

Perf. Center 9 PC9 Compact 9mm

Performance Center 686-7 .38 Sup

SD9, SD40 9mm, 40 S&W



Shorty Forty .40 S&W

Sigma Compact C or V .40 S&W, 9mm

Sigma SW357 .357 SIG

Sigma SW380 .380 ACP

Sigma SW40F .40 S&W

Sigma SW9/40 E, VE, GVE 9mm, .40 S&W

Sigma SW9/40 E, VE, GVE GVE

Sigma SW9F 9mm

Sigma SW9M 9mm

Super 9 9X19, 9X21, .356 TSW

SW 99 9mm, .357 SIG, .40 S&W

SW9P, SW40P 9mm, .40 S&W

Tactical 45, 9, 40 .45 ACP, 9mm, .40 S&W

Tactical S&W 4013TSW .40 S&W

Thunder Ranch 22 .45 ACP

Solothurn

AT84DA 9mm

AT88 9mm

Sphinx

AT-2000S 9mm, .40 S&W

AT-2000H 9mm, .40 S&W

AT-2000C, AT-2000GM 9mm, .40 S&W

AT .380 .380 ACP

AT-2000 SDA/PDA/HDA 9mm/41AE

AT-2000P/PS 9mm, .40 S&W

Competitor AT-2000 9X21 MM, .40 S&W

Grand Master AT-2000 9X21 MM, .40 S&W

Springfield Armory/Inc.

XD-45:Service Model, LE, Tactical, Sub-compact, V10 .45 GAP

XD-45:Service Model, LE, Tactical, Sub-compact, V10 .45 ACP

1911 AI EMP 9mm, .40 S&W

1911-A1 Compact .38S, .40 S&W, 10mm

1911-A1 90’s Linkless .38S, .40 S&W, .45 ACP, 10mm

1911-A1 Commander Compnsted .38 SUP, .45 ACP, 9mm

1911-A1 Commander .40 S&W

1911-A1 Commemoratives ALL

1911-A1 .38S, 9mm, .45, 10mm, .40 S&W

1911-A1 90’s Edition .38S, 9mm, .45, 10mm, .40S&W

1911-A1 90’s Linkless Comp. .38S, .40 S&W, .45 ACP, 10mm

1911-A1 Custom & Spec. Bld. .38S, 9mm, .45, 10mm, .40 S&W

1911-A1 Compensated .38S, 9mm, .45, 10mm, .40 S&W

1911-A1 Champion 38S, 9mm, .45, 10mm, .40 S&W

1911-A1 Cmp. Fr 1911-A1 .45 ACP, 9mm

1911-A1 Command .38 SUP, .45 ACP, 10mm, 9mm

1911-A1 Command 90’s Edition .38 SUP, .45 ACP, 9mm

1911-A1 Command Compensated .38 SUP, .45 ACP, 9mm

1911-A1 Compact 1911-A1 .45 ACP, 9mm



1911-A1 Frame ** (See notes on last page)

1911-A1 SS Compact Pistol .38S, 9mm, .45, 10mm, .40 S&W

1911-A1 SS Compact Frame .38S, 9mm, .45, 10mm, .40 S&W

1911-A1 SS Champion Pistol .38S, 9mm, .45, 10mm, .40 S&W

1911-A1 SS Champion Frame .38S, 9mm, .45, 10mm, .40 S&W

1911-A1 SS 1911-A1 .38S, 9mm, .45, 10mm, .40 S&W

1911-A1 SS Frm. 1911-A1 .45 ACP, 9mm

1911-A1: ALL .45 ACP, 9mm, .38 SUP, 9X25DIL

1911-A2 S.A.S.S 1911-A2 All

Defender 1911A1 .45 ACP

Firecat 9mm, .40 S&W, .45

M6 22LR/45LC

Micro Compact .45 ACP

Omega .38S, 9mm, .45, 10mm, .40 S&W

Omega “Match” .38S, 9mm, .45, 10mm, .40 S&W

P-9 Compact 9mm, .40 S&W, .45, 9X21

P-9 Standard 9mm, .45, .40 S&W, 9X21

P-9 World Cup 9mm, .40 S&W, .45, 9X21

P-9 Comp, Cust & Sp Bld. 9mm, .40 S&W, .45, 9X21

P-9 Sub Compact .45, 9X21

P-9 Standard 90’s Ed. .45, 9X21

P-9 Ultra 9mm, .40 S&W, .45, 9X21

P-9 Standard Compensated .45, 9X21

P-9 Comp. Frame P-9C ** (See notes on last page

P-9 LSP 9mm, .40 S&W, .45, 9X21

P-9 Pistol 9mm

P-9 SS Frame or Compensted 9mm, .45, .40 S&W, 9X21

P-9 SS Standard or Ultra 9mm, .45, .40 S&W, 9X21

P-9 Standard 90’s Edition .40 S&W, 9mm

P-9 Standard Compensated .40 S&W, 9mm

P-9 Std. Frame P-9 ** (See Notes on last page)

P-9 Sub Cmp. Fr P-9 .40 S&W, 9mm

Panther 9mm, .40 S&W, .45

V-10 .45 ACP

V-16 Long Slide 9mm, .45 ACP, .357 SIG

XD .40S&W, .357 SIG

XD 9mm

XDm-9, XDm-40, XDm-45 9mm, .40 S&W

XDm-9, XDm-40, XDm-45 .45 ACP

Stallard Arms

Maverick JS-9MM 9mm

Star

30M 9mm

30P, 30PK 9mm

31P, 31PK .40 S&W, 9mm

BKM 9mm

BM 9mm



BS 9mm

DKL .38

Firestar 45 ACP

Firestar (M-40) .40 S&W

Firestar (M-43) 9mm

Firestar (M-45) .45 ACP

Firestar Plus 9mm, .40 S&W, .45 ACP

Megastar .45 ACP, 10mm

Model B 9mm

PD .45 ACP

Super B 9mm

Ultrastar 9mm

Steyr

GB80 9mm

S9 9mm

SPP 9mm

Steyr Mannlicher

S40-A1, S9-A1, S357-A1 .40 S&W, 9mm, .357 Sig

M40-A1, M9-A1, M357-A1 .40 S&W, 9mm, .357 Sig.

M357 .357 SIG

M40 .40 S&W

M9 9mm

Steyr Match FP 1800 .22 LR

STI International

1911 Frame

BLS-40 & LS-40 .40 S&W

BLS-9 & LS-9 9mm

Competitor .38 SUP

Duty One 9mm, .40 S&W

Eagle 5 9mm, .38 Super, .40 S&W

Eagle 5.1 & 5.5 2011 .45ACP, .40S&W, 10mm, 9X21.38SUP

Eagle 6 9mm, .38 Super, .40 S&W

Edge 9mm, 10mm, .40 S&W, .45 ACP

Elektra 9mm, 38 Sp., 40 S&W, .45 ACP

Escort .45 ACP, 9mm

Executive .40 S&W

Falcon 3.9 2011 .45ACP, .40S&W, 10mm, 9X21.38SUP

Frame-Mod. 2011 ** (See Note)

GM .38 SUP, 9mm, 9x23

GP5 9mm

GP6, GP6C 9mm

GP6, GP6C 9mm

Grandmaster 2011 .38 SUP

Grandmaster 2011 9mm, 9x23, .45 ACP, .40 S&W

Guardian .45 ACP, 9mm

Hawk 4.3 2011 .45ACP, .40S&W, 10mm, 9X21, .38SUP

Hawk, Eagle Frm ** (See Notes on last page



IPSC 30TH Anniv. Commem 9mm, .40 S&W

Lawman .45 ACP

Off Duty .45 Acp

Perfect 10 10mm

Rangemaster 9mm

Ranger 9mm, .40 S&W, .45 ACP

Ranger II 9mm, .40 S&W, .45 ACP

Sentry 9x19, .40 S&W, .45 ACP

Shadow 9mm, 38 Sp., 40 S&W, .45 ACP

Spartan .45 ACP, .40 S&W, 9mm, .38 SUP, 10mm

Special Edition 9mm. .40 S&W

SteelMaster 9mm, .38 SUP, .40 S&W, .45 ACP

Stinger 9mm, .38 Super

Tactical 9mm, .40 S&W

Tactical Lite 9mm, .40 S&W

Targetmaster 9mm

Trojan 9mm, .45 ACP, .40 S&W

Trojan .38 Super

Trubor 9mm, 9x23, .38 Super

VIP .45 ACP

VIP 9mm, .38 SUP, .357 SIG, .40S&W

Stoeger

Cougar 8000, 31704 .45 ACP

Cougar 8000, 31704 9mm, .40

Stoeger Industries

A.E. Luger Navy 9mm

A.E. Luger P-08 9mm

Vent,Bull,Flute .22 LR

Strayer Voight Inc

Frame Kit **

Infinity 38 SUP, .357 SIG, 9mm, 9X21

Infinity .40 S&W, 10mm, .45 ACP, 9X23

Sturm Ruger

22 Charger CHR22-10 .22 LR, 17 HMR

GP-100 (DA) KGP-4327 .357 Mag, .38 SP, .327 Fed. Mag

KMKIII512 10103 .22LR

LC9 3200 9mm Luger

LCP 3701 .380 Auto

LCR 5450 .357 Mag

MKIII Hunter KMKIII45HCL .22 LR

New Model Blackhawk BN-31L/34L/36L/41L/42L/44L/45L/45 .327 Fed Mag

New Model Blackhawk BN-31L/34L/36L/41L/42L/44L/45L/45 .30 Carbine, .357, .357/9mm, .4145LC, .45LC/.45ACP

New Model Single Six NR-4FL/5FL/6FL, NR-4L/5L/6L,9L .22 LR/.22 mag

New Model Single Six Hunter KNR-7H 22LR, .22 Mag

P4GCMKIII MKIII .22LR

P512MKIII, P512MKIII RP 10107 .22 LR



SP-101 KSP-321XEN .357 Mag

SP-101 .327 Fed Mag

SR, SR 40-C 40 S&W

SR9 9X19 mm

SR9C 9mm

Sup Blk Hunter KS-417NHB .41 Mag

Sup Blk Hunter KS-457NHB .45 Colt

Sup. Single Six .22 LR

Super Redhawk KSRH-7454 .454 Casull .45 LC .44 MAG/SP

Super Redhawk .480 Ruger

Vaquero .357 MAG .44-40 .44 MAG .45 LC

Vaquero .40 S&W

Super Six Ltd

Gld. Bull Bison Outdoorsman .45-70

Tactical Solutions

Pac-lite (receiver only) .22 LR

Talon Industries

T200 9mm, .40 S&W

T100 .380 ACP, 9MM, .40 S&W

Tanarmi

BTA 90B/C 9mm

TA 22 .22 LR

TA 226 .22/22LR

TA 22M 22/22WRM

TA 41B/C .41 AE

TA 41BT/CT .41 AE

TA 41SS .41 AE

TA 76 22 LR

Taurus

PT1911 .38 Super, 9mm

PT745 Pro .45 ACP

PT917C 9mm

M817UL .38 Spl

PT909 9mm

905 9mm

709B 9mm

M606 .357 Mag

PT1911 .45 ACP

PT38S .38 Super

17C 17C .17 HMR

24/7 OSS 9mm, .45 ACP, .40 Cal

38 .38

431 .44 SP

441 .44 SP

445, 445CH .44 SP

605 .357 Mag

607 .357 Mag.



608 .357 Mag

617 .38 SP, .357 Mag.

627 Tracker .38 SP, .357 Mag.

627 Tracker .44 SP .44 Mag., .45 LC .41 Mag

65 .357/.38

66 CP .357 MAG/.38

669 CP .357 MAG/.38

689 .357 Mag

73 .32 H&R

731 .32 H&R and S&W

738 TCP 1-738039 .380 ACP

741 .32 H&R

76 .32 H&R

80 .38 SP

809, 840, 845 .40 S&W, .45 ACP, 9mm

82 .38 SP

827 .38 SP, .357 Mag

83 .38 SP

85 UL PTD, ULT .38 SP

85, 85 CH .38 SP

856 .38 SP

86 Targ. Master .38 SP

86 Targ. Master .38 SP

92 Compact/D 9mm

92AF/D 9mm

94 .22 LR

941 .22 Mag

945 .45 ACP

96 Targ. Scout .22 LR

99 AF/D 9mm

CIA M650 .357 Mag.

CIA 851 .38 Spl

CIA M850 .38 SP

CIA 651 .357 Mag.

Judge Ultra-Lite 4510TKR .45 LC/.410 Gauge

M327 .327 Fed. Magn

M415 .41 Mag.

M44, M44CP .44 Mag.

M445 & M445CH .44 SP

M450 .45 COLT

M-970 .22 LR

M980 .22 LR

PT 24/7 PT 24/7 .45 ACP

PT 24/7 PT 24/7 .40

PT 24/7 PT 24/7 9mm

PT 24/7 G-2 PT 24/7 G-2 9mm, .40 S&W, .45 ACP

PT 709 SS/TI/B 9mm



PT-100 & PT-101 .40 S&W

PT-111 Millenn .45 ACP, .357 SIG, 9mm, .40S&W

PT-138 .380 ACP

PT-140 .40 S&W

PT-145 .45 ACP

PT-22 .22 LR

PT-25 .25 ACP

PT-58 .380 ACP

PT-740 Slim .40 Cal

PT-845 .45 ACP

PT-908 9mm

PT-911 9mm, .40S&W, .45ACP, .357SIG

PT-92, AF, C 9mm

PT-938, PT-938C .380 ACP

PT-940 .40 S&W

PT-99, AF, NF 9mm

Raging 30 M30C .30 Car

Raging Bee M218 .218 Bee

Raging Bull M444CP .454 Casull

Raging Bull M444CP .500 Mag

Raging Bull M444CP .44 Mag.,

Raging Bull M416CP .41 Mag

Raging Bull M444CP .480 Ruger

Raging Hornet .22 Hornet

Raging Judge M513 513SS3 .45 LC, ,410, 454 Casull

Raging Judge Magnum M513 Revovler (Model #513SS6) .410, .45 Colt, .454 Casull

Tracker M971 .22 Mag

Tracker 4410 .45 LC/.410

Tracker M991 .22 Mag

Tracker 990 .22 LR

Tracker M17 .17 HMR

Tracker 425 .41 Mag

Tracker M455 .45 ACP

Ultra-Lite Titanium 444 Multi S/S-2 .44 Mag

Texas Longhorn Arms Inc

Grover Impr. #5 44 Mag.

Longhorn Arms .44

Longhorn Arms .45 LC

South Texas Arm .357 Mag., .44 SPL, .45 LC

Texas Border Sp .44 SPL, .45 LC

West Texas FLT .45 LC

West Texas FLT .32-20, .357 Mag., .44 MG/SP

Thompson Center Arms

Contender Al

Contender Super & Contender Hunter All

Encore All

Tressitu



TZ 99(10 round) 9mm, .40 S&W, .45 ACP, .357 SIG

Tucson Mold Inc

Competitor All

U.S. Firearms

Rodeo .38 Special

SAA .45 Colt

U.S. Patent Firearms

SAA All

Uzi America, Inc.

Uzi Eagle 9mm, .40 S&W, .45 ACP, .357 SIG

Vektor

CP1 9mm, .40 S&W, .357 SIG

SP2 9mm, .40 S&W, .357 SIG

Z88 9mm

Volkmann Custom

Combat Custom 1911A1 .45 ACP

Combatant Carry 1911A1 .45 ACP

Volquartsen

LLV .22 LR

Walther

FP .22 LR

GSP .22 LR

GSP-C .32 S&W

KSP200 KSP200 .22 LR

Olymp. Free Pis .22 LR

OSP Match 22 SHRT

P-1 9mm

P-22 .22 LR

P-38 .22 LR, 9mm

P-5 9mm

P-5 Compact 9mm

P-88 9mm

P-88 Compact 9mm

P-99 9mm, .40 S&W

P-99 QA 9mm, .40 S&W

P990 9mm, .40 S&W, 9X21 MM

PK 380 .380 ACP

PP .22 LR, .32 ACP, .380 ACP

PPK .22 LR, .32 ACP, .380 ACP

PPK/S .22 LR, .32 ACP, .380 ACP

PPS 9mm, .357 SIG, .40 S&W

SP22 M1, M2, M3, M4 .22 LR

TPH .22 LR, .25 ACP

Weatherby

Accumark 1192531 22-250

Wesson Firearms Co., Inc.

.22 Rim/.22 Mag 22-M, 22M-V, 22M-VH .22 Win Mag



.22 Rim/.22 Mag 22, 22V, 22VH .22 LR

.22 Silhouette G722-V10, G722-VH10 22 Rim

.22 Silhouette G22-V10, G22-VH10 .22 Rim

.32 Mag/.32-20 732, 732V, 732VH .32 Mag

.32 Mag/.32-20 32, 32V, 32VH .32 Mag

.357 Magnum 714, 715, 715V,715VH .357 Mag

.357 Magnum 15-2, 15-2V, 15-2VH .357 Mag

.357 Magnum 14-2, 14-2B .357 Mag

.357 Super Ram .357 Max

.357 Supermag 40-V, 40-VH, 40-VS .357 Max

.357 Supermag 740V, 740VH, 740VS .357 Max

.375 Supermag 375V, 375VH, 375V8S .375 SuperMag

.38 Special 708,709,709V,709VH .38 Sp

.38 Special 9-2, 9-2V, 9-2VH .38 Sp

.38 Special 8-2, 8-2B .38 Sp

.41 Magnum 41V,41VH, 741V,741VH .41 Mag

.44 Magnum 44V,44VH, 744V,744VH .44 Mag

.445 Supermag 7445-VHS, 7445-VS .445 SuperMag

.445 Supermag 7445-V, 7445-VH 445 SuperMag

.445 Supermag 445-VHS, 445-VS .445 SuperMag

.445 Supermag 445-V, 445-VH .445 SuperMag

738P .38 Sp

FB715-5C 715 .357 Mag

Westlake Engineering

Britarms 2000 .22 LR

Wichita Arms Inc

Classic All

International All

MK-40 Sil. Pis. All

Silouhette Pis. All

Wildey

Hunter & Hunter Guardsman All

Survivor & Survivor Guardsman All

Wilson Combat

CQB .45 ACP

CQB .38 Super, 9mm

1996 A2 .45 ACP

22 Clas Rimfire All .22 LR

Brng. HP CarPac All 9mm, .40 S&W

Carry Comp Compact WCCC .45 ACP

Carry Comp Professional WPC .45 ACP

Cls Mastr Grade All .45 ACP

Combat Classic All .45 ACP

Kahr Carry Pkg. All 9mm, .40 S&W

KZ-45 All 9mm, .40 S&W, .45 ACP

S.D.S. All .45 ACP

Sentinel WS-T-A, WS-A-A 45 ACP, 9mm, .40, .38 Super, 10mm



Service Grades All .45 ACP

Tactical Elite All .45 ACP

Tactical Supergrade WTSG, WTSG-A-A, WTSG-T-A 45 ACP

Wyoming Arms .40 S&W, .45 ACP, 10mm, 9mm

Parker .357 Magnum .357 Mag.

Parker Comp Com .40 S&W, .45 ACP, 10mm

Parker Ext Slid .40 S&W, .45 ACP, 10mm

Zastava Arms

CZ-40 or Z40 .40 S&W

CZ 99 or Z9 9mm

CZ 99 R 357 Mag Notes: ** (under caliber) denotes any rimfire or centerfire cartridge having the following bullet diameters:

.22, .32, .38/357, 9mm, 10mm, .40, .41, .44, .45 Abbreviations: SWLWC = Smith & Wesson Long Wad Cutter

WCF = Winchester Centerfire SLLR = Short, long, or long rifle .380/9mmk = .380 ACP/9mm Kurtz

[11-14-51]



DEPARTMENT OF TRANSPORTATION NOTICE FOR PUBLIC COMMENT

The Maryland Transportation Authority (MDTA), the State agency that owns, finances, operates and maintains Maryland’s toll facilities, proposed on June 2, 2011, increasing toll rates for its toll facilities. The proposed toll rates would be phased in as follows:

1 E-ZPass Maryland accounts with properly mounted transponder only. 2 Uniform 70% discount off the two-axle cash/base rate (65% effective July 1, 2013). 3 Cash tolls are the base rate for each vehicle/axle class. 4 Cash/E-ZPass tolls for vehicles with three or more axles are based on the two-axle base rate times the appropriate multiplier

rounded up to the nearest dollar. 5 A Video Toll rate is assessed when a driver travels through a toll plaza without a valid E-ZPass or cash payment or travels

the ICC without a valid E-ZPass. 6 E-ZPass monthly account fee and transponder cost would apply.



Other Components of Proposal Effective Oct. 1, 2011:

Provide a 10% discount off the two-axle Cash/Base rate to E-ZPass Maryland customers.1 Replace the $3 Notice of Toll Due fee with a Video Toll rate5 that is 25% above the Cash/Base rate. Replace the $3 Notice of Toll Due fee with Video Toll rate5 ranges that are 25% above the current rate ranges for the Intercounty

Connector (ICC)/ MD 200. Eliminate the Shoppers Program at the Bay Bridge. Eliminate the ticket programs at the Hatem Bridge. Replace the $10 AVI Decal at the Hatem Bridge with an E-ZPass Discount Plan that provides unlimited trips for $36 per year (effective

10/1/2011) and $72 per year (effective 7/1/2013).6 Effective 1/1/2012, reduce post-usage discounts for E-ZPass Maryland business accounts to 10%, 15% and 20%.

Public Hearings:

Nine public hearings will be held by the MDTA Board to receive public and private testimony for the proposed toll increases. The hearings will be held from 5:30 — 8 p.m. on the following dates (5:30 — 6 p.m. sign-in and displays; 6 p.m. formal presentation and testimony begin. Registration for public comment will close at 7:45 p.m.): June 9, 2011 Shady Grove Middle School 8100 Midcounty Hwy., Gaithersburg June 13, 2011 Digital Harbor High School 1100 Covington St., Baltimore June 14, 2011 High Point High School 3601 Powder Mill Rd., Beltsville June 15, 2011 Kent Island High School 900 Love Pt. Rd., Stevensville June 16, 2011 Perryville High School 1696 Perryville Rd., Perryville

June 20, 2011 Severn River Middle School 241 Peninsula Farm Rd., Arnold June 21, 2011 Dundalk Middle School 7400 Dunmanway, Baltimore June 22, 2011 Dr. Thomas L. Higdon Elementary 12872 Rock Point Rd., Newburg June 27, 2011 Havre de Grace Activity Center 351 Lewis Ln., Havre de Grace

NEW — July 14, 2011 Stephen Decatur Middle School 9815 Seahawk Rd., Berlin

Public Comments:

Members of the public may submit comments for the official record by 5 p.m. on August 1, 2011, by completing the web form at www.mdta.maryland.gov; writing to MDTA Toll Comment, 2310 Broening Highway, Baltimore, MD, 21224; or attending a public hearing. The MDTA Board plans to consider the matter for final action in a public meeting later this summer. The meeting details and approved tolling plan will be posted to www.mdta.maryland.gov.

Public hearing sites will be accessible to individuals with disabilities. Sign-language interpreters, real-time captioning and assistive listening devices can be provided upon request. Individuals who require these accommodations or auxiliary aids should contact the MDTA’s Division of Communications at 410.537.1017 (711 for MD Relay) no later than three business days before the date of the hearing they wish to attend.

For more information visit www.mdta.maryland.gov.

871


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 ACUPUNCTURE

Subject: Public Hearing on Regulations Date and Time: July 12, 2011, 1 — 4 p.m. Place: 4201 Patterson Ave., Baltimore, MD Contact: Cynthia Dobbins (410) 764-4766

[11-14-14]

ATHLETIC COMMISSION

Subject: Public Meeting Date and Time: July 19, 2011, 2 — 4:30 p.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Patrick Pannella (410) 230-6223

[11-14-44]

ADVISORY COUNCIL ON

CEMETERY OPERATIONS

Subject: Public Meeting Date and Time: July 28, 2011, 10 a.m. — 1 p.m. Place: Dept. of Labor, Licensing, and Regulation, 500 N. Calvert St. 2nd Fl. Conf. Rm., Baltimore, MD Contact: Benjamin Foster (410) 230-6229

[11-14-16]

BOARD FOR THE CERTIFICATION

OF RESIDENTIAL CHILD CARE PROGRAM ADMINISTRATORS

Subject: Public Meeting Date and Time: July 8, 2011, 9 a.m. Place: Metro Executive Bldg., 5201 Patterson Ave., Rms. 100/107, Baltimore, MD Contact: Carol Johnson (410) 764-5996

[11-14-45]

BOARD FOR THE CERTIFICATION

OF RESIDENTIAL CHILD CARE PROGRAM ADMINISTRATORS

Subject: Standards Examination Date and Time: August 24, 2011, 1 — 3 p.m. Contact: Carol Johnson (410) 764-5996

[11-14-19]

BOARD OF COSMETOLOGISTS

Subject: Public Meeting Date and Time: August 1, 2011, 9:30 a.m. — 4:30 p.m.

Place: 500 N. Calvert St., 2nd Fl., Centre St. Entrance, Baltimore, MD Contact: Robert Wood (410) 230-6195

[11-14-17]

GOVERNOR’S OFFICE OF CRIME

CONTROL AND PREVENTION

Subject: Public Meeting Date and Time: July 11, 2011, 3 — 5 p.m. Place: Loch Raven Library, Baltimore, MD Contact: Jessica Winpigler (410) 821-2829

[11-14-39]

BOARD OF DIETETIC PRACTICE

Subject: Public Meeting Date and Time: July 21, 2011, 12:30 — 3:30 p.m. Place: 4201 Patterson Ave., Rm. 100/107, Baltimore, MD Contact: Lenelle Cooper (410) 764-4733

[11-14-36]

MARYLAND STATE BOARD OF

EDUCATION

Subject: Public Meeting Date and Time: July 19, 2011, 9 a.m. — 5 p.m.; Additional Dates: July 20, August 30—31, and September 27—28, 2011 Place: 200 W. Baltimore St., Baltimore, MD Add’l. Info: The State Board of Education is pleased to receive oral public comment at each of its regular monthly meetings. In order to allow the State Board sufficient time for its other business, the total time allotted to public comment will generally be limited to 30 minutes. Individuals seeking to speak to the Board will be given 3 minutes each. Persons desiring to speak to the State Board, must call (410-767-0467) or e-mail ([email protected]) the Board office no earlier than 1 week prior to the meeting to register to speak. Registration will be accepted on a first-come, first-served basis. In order to make the limited time available most effective, speakers are urged to provide multiple written copies of their comments or other material amplifying their views. Contact: Charlene L. Necessary (410) 767-0467

[11-14-31]

EMERGENCY MEDICAL SERVICES BOARD

Subject: Public Meeting Date and Time: July 12, 2011, 9 — 11 a.m.; part of the meeting may include a closed session Place: 653 W. Pratt Street, Ste. 212, Baltimore, MD Add’l. Info: The State Emergency Medical Services Board (EMS Board) meets regularly on the 2nd Tuesday of each month. Contact: Leandrea Gilliam (410) 706-4449

[11-14-11]

MARYLAND INSTITUTE FOR

EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subject: Public Meeting Date and Time: July 13, 2011, 10 a.m. — 12 p.m. Place: 653 W. Pratt St., Ste. 212, Baltimore, MD Add’l. Info: The Protocol Review Committee meets regularly the 2nd Wednesday of every other month. Contact: Leandrea Gilliam (410) 706-4449

[11-14-09]

MARYLAND INSTITUTE FOR

EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subject: Public Meeting Date and Time: July 15, 2011, 10 a.m. — 12 p.m. Place: 653 W. Pratt St., Ste. 508, Baltimore, MD Add’l. Info: The EMS Provider Review Panel meets regularly on the 3rd Friday of every other month. Contact: Leandrea Gilliam (410) 706-4449

[11-14-10]

BOARD FOR PROFESSIONAL

ENGINEERS

Subject: Public Meeting Date and Time: July 12, 2011, 9 a.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Pamela J. Edwards (410) 230-6263

[11-14-53]

GENERAL NOTICES 872


BOARD OF ENVIRONMENTAL SANITARIANS

Subject: Public Meeting Date and Time: August 3, 2011, 10 a.m. — 4:30 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: Pat Kratochvil (410) 537-3597

[11-14-20]

BOARD OF FORESTERS

Subject: Public Meeting Date and Time: July 18, 2011, 10 a.m. — 12 p.m. Place: 500 N. Calvert St., Baltimore, MD Contact: Dennis L. Gring (410) 230-6224

[11-14-40]

DEPARTMENT OF HEALTH AND

MENTAL HYGIENE/MENTAL HYGIENE ADMINISTRATION

Subject: Availability of State Mental Health Plan for Citizen Review Date and Time: July 1, 2011, 8:30 a.m. — 5 p.m. through December 1, 2011, 8:30 a.m. — 5:00 p.m. Place: Spring Grove Hospital Center, Mitchell Bldg., 55 Wade Ave., Catonsville, MD Add’l. Info: The Mental Hygiene Administration is in the process of developing the FY 2012 State Mental Health Plan as part of its application for the FY 2012 Federal Mental Health Block Grant (MHBG) funds. Final submission of the FY 2012 MHBG application to the federal Substance Abuse and Mental Health Services Administration, Center for Mental Health Services, will occur by September 1, 2011. Drafts of the FY 2012 plan can be reviewed at the above address. Any general comments regarding the FY 2012 mental health plan or specific comments regarding drafts to finalization of the MHBG application will be considered and incorporated as appropriate. The Plan and Implementation Report will be available after their due dates. Comments on the Plan may also be made after submission of the Plan to the federal Government. Contact: Cynthia Petion (410) 402-8473

[11-14-49]

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/MARYLAND

BOARD OF PHYSICIANS

Subject: Public Meeting Date and Time: July 27, 2011, 9 — 10 a.m.

Place: 4201 Patterson Ave., Rms. 108/109, Baltimore, MD Add’l. Info: Appropriate auxiliary aids services provided for qualified individuals upon request. Call Ellen D. Smith at (410) 764-2477. Contact: Tammy Austin (410) 764-4769

[11-14-07]

BOARD OF HEATING, VENTILATION, AIR-

CONDITIONING, AND REFRIGERATION CONTRACTORS

(HVACR)

Subject: Public Meeting Date and Time: July 13, 2011, 9:30 a.m. — 12 p.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Steve Smitson (410) 230-6169

[11-14-03]

BOARD OF HEATING, VENTILATION, AIR-

CONDITIONING, AND REFRIGERATION CONTRACTORS

(HVACR)

Subject: Public Meeting Date and Time: August 10, 2011, 9:30 a.m. — 12 p.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Steve Smitson (410) 230-6169

[11-14-04]

HOME IMPROVEMENT

COMMISSION

Subject: Public Meeting Date and Time: July 7, 2011, 10 a.m. — 12:30 p.m. Place: 500 N. Calvert St., 2nd Fl. Conf. Rm., Baltimore, MD Contact: Steven Smitson (410) 230-6169

[11-14-28]

DEPARTMENT OF HUMAN

RESOURCES

Subject: Public Meeting Date and Time: July 7, 2011, 1 — 3 p.m. Place: To be determined, please call contact below. Contact: Claudia Remington (410) 585-2250

[11-14-13]

COMMISSION ON KIDNEY DISEASE

Subject: Public Meeting Date and Time: July 28, 2011, 2 — 3:30 p.m. Place: 4201 Patterson Ave., Baltimore, MD

Add’l. Info: A portion of this meeting is closed for administrative session. Topic to be determined. Contact: Eva Schwartz (410) 764-4799

[11-14-33]

DEPARTMENT OF LABOR,

LICENSING, AND REGULATION/DIVISION OF LABOR

AND INDUSTRY/MARYLAND APPRENTICE

Subject: Public Meeting Date and Time: July 12, 2011, 9 a.m. — 12 p.m. Place: ABC CraftMasters Training, Inc., 3403 East-West Hwy., Hyattsville, MD Add’l. Info: The Apprenticeship and Training Council will consider the approval and registration of new apprenticeship programs, revisions to presently approved apprenticeship programs, and other business which may come before the Council. Contact: Jeff Beeson (410) 767-2246

[11-14-54]

COMMISSIONER OF LAND

PATENTS

Subject: Notice of Warrant to Survey Add’l. Info: NOTICE OF WARRANT NO. 100 TAKE notice that on the 28th day of April 2011, at the request of the Baltimore Area Council Boy Scouts of America, 701 Wyman Park Drive, Baltimore, MD 21211, applicant, a Warrant to Survey was issued to Frank Sheppard Richardson, Professional Land Surveyor, 4501 Fawn Grove Road, Street, MD 21154, to survey all that land containing approximately 19 acres in the Fifth Election District of Harford County. SAID land is bounded by a parcel of land containing approximately 32.5 acres owned by Roy Smith, 1528 Robinson Mill Road, Street, MD 21154, and by a parcel of land containing approximately 85 acres owned by the Baltimore Area Council Boy Scouts of America, 701 Wyman Park Drive, Baltimore, MD 21211, and by a parcel containing approximately 207 acres owned by Baltimore Area Council Boy Scouts of America, 701 Wyman Park Drive, Baltimore, MD 21211. PROVIDED certain conditions are met and unless an objection is filed in this proceeding as provided for by Real Property Article, §§13-401 and 13-402, Annotated Code of Maryland (2010 Repl. Vol., 2010 Supp.), a land patent for the said approximately 19 acres of land may be issued by the State of Maryland to the said Baltimore Area Council Boy Scouts of

GENERAL NOTICES 873


America conveying all the right, title and interest of the State of Maryland therein. PURSUANT to Real Property Article, §13-307(b)(2), Annotated Code of Maryland, the surveyor will be on the premises, that is, the land described in the aforesaid Warrant, in the Fifth District of Harford County, near or at Peach Orchard Road on the 2nd of August 2011 at 1 p.m. to execute said Warrant. INFORMATION concerning this matter can be obtained from Richard H. Richardson, Deputy Commissioner of Land Patents, (410) 260-6407. WITNESS my hand and the seal of the Land Office of the State of Maryland, the 31st day of May 2011. Edward C. Papenfuse Commissioner of Land Patents Contact: Richard H. Richardson (410) 260-6407

[11-13-32]

MARYLAND STATE LOTTERY COMMISSION

Subject: Public Meeting Date and Time: July 28, 2011, 10 a.m. — 12 p.m. Place: Montgomery Park Business Center, 1800 Washington Blvd., Ste. 330, Baltimore, MD Contact: Marie A. Torosino (410) 230-8790

[11-14-57]

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting Date and Time: July 21, 2011, 1 p.m. Place: Maryland Health Care Commission, 4160 Patterson Ave., Conf. Rm. 100, Baltimore, MD Add’l. Info: Individuals requiring special accommodations are requested to contact Valerie Wooding at (410) 764-3460, or the Department of Health and Mental Hygiene TTY at (410) 383-7755, not later than 20 working days before the meeting to make arrangements. Contact: Valerie Wooding (410) 764-3460

[11-14-22]

MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEE

Subject: Public Meeting Date and Time: July 20, 2011, 8:30 a.m. — 5 p.m. Place: Harry R. Hughes Dept. of Transportation Bldg., 7201 Corporate Center Dr., 1st Fl., Richard Trainor Conf. Rm., Hanover, MD Contact: Pam Gregory (410) 865-1253

[11-14-01]

BOARD OF MORTICIANS AND FUNERAL DIRECTORS

Subject: Public Meeting Date and Time: July 13, 2011, 10:30 a.m. — 12:30 p.m. Place: 4201 Patterson Ave., Rms. 108/109, Baltimore, MD Add’l. Info: Review statutes and regulations and vote as necessary. Sign language interpreter and/or other appropriate accommodations for qualified individuals with disabilities will be provided upon request. Contact: LouAnn Cox (410) 764-4792

[11-14-34]

BOARD OF EXAMINERS IN

OPTOMETRY

Subject: Public Meeting Date and Time: July 27, 2011, 11:30 a.m. — 1 p.m. Place: Metro Executive Bldg., 4201 Patterson Ave., Rm. 105, Baltimore, MD Add’l. Info: Health Occupations Article, Title 11, Annotated Code of Maryland, and COMAR 10.28 amendments, additions, and revisions, including fee changes, may be discussed/voted on. Budget information may also be discussed. It may be necessary to go into executive session. Contact: Patricia G. Bennett (410) 764-4710

[11-14-35]

BOARD OF PLUMBING

Subject: Public Meeting Date and Time: July 21, 2011, 10:30 a.m. — 12:30 p.m. Place: 500 N. Calvert St., Rm. 302, Baltimore, MD Contact: Brenda Clark (410) 230-6164

[11-14-06]

BOARD OF PODIATRIC MEDICAL

EXAMINERS

Subject: Public Meeting Date and Time: July 14, 2011, 1 p.m. Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD Contact: Sheri Henderson (410) 764-4785

[11-14-23]


EXAMINERS

Subject: Public Meeting Date and Time: September 8, 2011, 1 p.m. Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD Contact: Sheri Henderson (410) 764-4785

[11-14-24]

BOARD OF PODIATRIC MEDICAL EXAMINERS

Subject: Public Meeting Date and Time: October 13, 2011, 1 p.m. Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD Contact: Sheri Henderson (410) 764-4785

[11-14-25]


EXAMINERS

Subject: Public Meeting Date and Time: November 10, 2011, 1 p.m. Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD Contact: Sheri Henderson (410) 764-4785

[11-14-26]


EXAMINERS

Subject: Public Meeting Date and Time: December 8, 2011, 1 p.m. Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD Contact: Sheri Henderson (410) 764-4785

[11-14-27]

BOARD OF PUBLIC ACCOUNTANCY

Subject: Public Meeting Date and Time: August 2, 2011, 9 a.m. — 12 p.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Dennis L. Gring (410) 230-6224

[11-14-30]

RACING COMMISSION

Subject: Public Meeting Date and Time: July 19, 2011, 12:30 — 1 p.m. Place: Laurel Park, Laurel, MD Contact: J. Michael Hopkins (410) 296-9682

[11-14-55]

RETIREMENT AND PENSION

SYSTEM - BOARD OF TRUSTEES

Subject: Public Meeting Date and Time: July 19, 2011, 9 a.m. Place: SunTrust Building, 120 E. Baltimore St., 16th Fl. Board Rm., Baltimore, MD Add’l. Info: Meeting date and location are subject to change. Anyone interested in attending should contact the Retirement Agency for confirmation. Please note, the meeting may include a closed session. Sign language interpreters and/or appropriate accommodations for qualified individuals

GENERAL NOTICES 874


with disabilities will be provided upon request. Please call 410-625-5609 or 1-800-735-2258 TTY. Contact: Patrice Sowah (410) 625-5609

[11-14-05]

MARYLAND TRANSPORTATION

AUTHORITY

Subject: Public Meeting Date and Time: July 13, 2011, 6 — 8 p.m. Place: Maryland Transportation Authority, MDTA Police/Automotive and Maintenance Bldg., 881 Oceanic Dr., Annapolis, MD Add’l. Info: BBRAG meeting Contact: Gail Moran (410) 537-1032

[11-14-21]

WORKERS’ COMPENSATION

COMMISSION

Subject: Public Meeting Date and Time: July 28, 2011, 9 — 11 a.m. Place: 10 E. Baltimore St., Baltimore, MD Add’l. Info: Portions of this meeting may be held in closed session. Contact: Amy Lackington (410) 864-5300

[11-14-12]

Updated on 4/27/2011

COMAR PDF ORDER FORM

Titles Agency Name Price1 Subscription2 Quantity Total

Complete set of COMAR PDF format $1,000 $500 _____ _____ Title 01 Executive Department $35 $24 _____ _____ Title 02 Office of the Attorney General $22 $13 _____ _____ Title 03 Comptroller of the Treasury $30 $20 _____ _____ Title 04 General Services $16 $10 _____ _____ Title 05 Housing and Community Development $78 $50 _____ _____ Title 07 Human Resources $80 $53 _____ _____ Title 08 Natural Resources $78 $51 _____ _____ Title 09 Labor, Licensing and Regulation $89 $60 _____ _____ Title 10 Health & Mental Hygiene (All parts) ** $272 $180 _____ _____ Title 10 Part 1 ** $48 $32 _____ _____ Title 10 Part 2 ** $75 $50 _____ _____ Title 10 Part 3 ** $75 $50 _____ _____ Title 10 Part 4 ** $50 $35 _____ _____ Title 10 Part 5 ** $69 $50 _____ _____ Title 11 Transportation (All parts) ** $106 $75 _____ _____ Title 11 Part 1 (Transportation) ** $42 $25 _____ _____ Title 11 Parts 2 & 3 (MVA)** $74 $50 _____ _____ Title 12 Public Safety and Correctional Services $67 $43 _____ _____

Title 13A Board of Education $63 $42 _____ _____ Title 13B Higher Education Commission $25 $15 _____ _____ Title 14 Independent Agencies $87 $60 _____ _____ Title 15 Agriculture $48 $30 _____ _____ Title 16 Juvenile Service $23 $15 _____ _____ Title 17 Budget and Management $28 $16 _____ _____ Title 18 Assessments and Taxation $20 $12 _____ _____

Title 19A State Ethics Commission $24 $14 _____ _____ Title 20 Public Service Commission $49 $32 _____ _____ Title 21 State Procurement Regulations $48 $30 _____ _____ Title 22 State Retirement and Pension System $22 $13 _____ _____ Title 23 Board of Public Works $18 $11 _____ _____ Title 24 Business and Economic Development $34 $20 _____ _____ Title 25 State Treasurer $16 $9 _____ _____ Title 26 Environment (All parts) ** $189 $125 _____ _____ Title 26 Part 1 ** $54 $35 _____ _____ Title 26 Part 2 ** $83 $52 _____ _____ Title 26 Part 3 ** $57 $38 _____ _____ Title 26 Part 4 ** $37 $24 _____ _____ Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $18 $10 _____ _____ Title 28 Office of Administrative Hearings $16 $9 _____ _____ Title 29 State Police $30 $18 _____ _____ Title 30 MD Institute for Emergency Medical Services Systems $25 $17 _____ _____ Title 31 Maryland Insurance Administration $68 $45 _____ _____ Title 32 Aging $25 $15 _____ _____ Title 33 State Board of Elections $42 $25 _____ _____ Title 34 Planning $31 $18 _____ _____ Title 35 Veterans Affairs $16 $9 _____ _____

Individual Binders (COMAR PDF’s binders not included) $15 S & H $9.00 _____ _____ Total: _____

Prices are for single user license only ~ Multi-user licenses are available. Please call 410-260-3876 for pricing information. 1 Price is per copy of each Title 2 Subscription (optional) - Receive updated information quarterly. ~ If ordered, subscription quantities MUST match Title quantities. ** See the following pages for description of contents

COMAR PRINT ORDER FORM (8 ½ x 11 format) Titles Agency Name Price1 Subscription2 Quantity Total

Complete set of COMAR (includes binders) $1,400 $700 _____ _____ Title 01 Executive Department $47 $30 _____ _____ Title 02 Office of the Attorney General $31 $20 _____ _____ Title 03 Comptroller of the Treasury $41 $25 _____ _____ Title 04 General Services $23 $12 _____ _____ Title 05 Housing and Community Development $103 $70 _____ _____ Title 07 Human Resources $104 $70 _____ _____ Title 08 Natural Resources $102 $70 _____ _____ Title 09 Labor, Licensing and Regulation $116 $75 _____ _____ Title 10 Health & Mental Hygiene (All Parts)** $345 $230 _____ _____ Title 10 Part 1 ** $65 $40 _____ _____ Title 10 Part 2 ** $99 $70 _____ _____ Title 10 Part 3 ** $99 $70 _____ _____ Title 10 Part 4 ** $69 $42 _____ _____ Title 10 Part 5 ** $91 $62 _____ _____ Title 11 Transportation (All parts) ** $137 $85 _____ _____ Title 11 Part 1 (Transportation)** $55 $35 _____ _____ Title 11 Parts 2 & 3 (MVA) ** $102 $70 _____ _____ Title 12 Public Safety and Correctional Services $86 $55 _____ _____

Title 13A Board of Education $83 $60 _____ _____ Title 13B Higher Education Commission $34 $20 _____ _____ Title 14 Independent Agencies $112 $75 _____ _____ Title 15 Agriculture $63 $40 _____ _____ Title 16 Juvenile Service $32 $20 _____ _____ Title 17 Budget and Management $38 $25 _____ _____ Title 18 Assessments and Taxation $28 $18 _____ _____

Title 19A State Ethics Commission $33 $20 _____ _____ Title 20 Public Service Commission $64 $42 _____ _____ Title 21 State Procurement Regulations $65 $42 _____ _____ Title 22 State Retirement and Pension System $33 $18 _____ _____ Title 23 Board of Public Works $26 $15 _____ _____ Title 24 Business and Economic Development $47 $25 _____ _____ Title 25 State Treasurer $23 $12 _____ _____ Title 26 Environment (All parts) ** $241 $160 _____ _____ Title 26 Part 1 ** $72 $42 _____ _____ Title 26 Part 2 ** $109 $72 _____ _____ Title 26 Part 3 ** $76 $50 _____ _____ Title 26 Part 4 ** $51 $30 _____ _____ Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $26 $15 _____ _____ Title 28 Office of Administrative Hearings $23 $12 _____ _____ Title 29 State Police $40 $22 _____ _____ Title 30 MD Institute for Emergency Medical Services Systems $34 $20 _____ _____ Title 31 Maryland Insurance Administration $90 $62 _____ _____ Title 32 Aging $34 $18 _____ _____ Title 33 State Board of Elections $57 $35 _____ _____ Title 34 Planning $42 $25 _____ _____ Title 35 Veterans Affairs $23 $12 _____ _____

Binders $15 S & H $9.00 _____ _____ Shipping & Handling Total: _________ Order Total: _____

1 Price is per copy of each Title Binder included with purchase of Title 2 Subscription (optional) - Receive updated information bi-annually ~ If ordered, subscription quantities MUST match Title quantities. ** See the following pages for description of contents

Shipping/Handling Publication Total Shipping $ 0-50 $15 $ 51-150 $20 $ 151-300 $25 $ 301-400 $35 $400 + please call Subscription Department. State agencies using courier, may omit

Note: COMAR prices are subject to change. Check the date on the lower right hand corner of this form. If the form is more than two months old, call the COMAR Subscription Manager (410-974-2486) to confirm prices. Fees are not refundable.



SPECIAL PUBLICATIONS

Publication / Handbook Print Price S & H Quantity Total

Preventive Maintenance Handbook (PM Handbook) $15 $5 _____ _____ Vehicle Inspection Handbook $40 $9 _____ _____ Forest Conservation Technical Manual 3rd Edition, 1997 $25 $9 _____ _____ Forest Conservation Law $20 $9 _____ _____ Control of Ionizing Radiation (including supplements up to 19) $130 $12 _____ _____ Total _____ If more than one quantity, shipping charges may vary, please call 410-260-3876 for pricing information.

Just In 26.12.01.01 Print Price S & H Quantity Total

Control of Ionizing Radiation supplements 18 & 19 ONLY $42 $9 _____ _____ If more than one quantity, shipping charges may vary, please call 410-260-3876 for pricing information.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Date ____________________________ Account Number _____________________________ Name________________________________________________________________________ Company_____________________________________________________________________ Address______________________________________________________________________ City______________________________State____________Zip_________________________ Tel.___________________________________ Fax___________________________________ Email: _______________________________________________________________________ _______ Check enclosed, made payable to Division of State Documents _______ Visa/Master Card/American Express/Discover card payment: Acct.#_________________________________________ Exp.____________

Signature __________________________Tel:_____________________________ Return form & payment to: Office of the Secretary of State, Division of State Documents ~ State House ~ Annapolis, MD 21401 ~ Tel: 410-260-3876 ~ 800-633-9657 ext. 3876 ~ Fax: 410-280-5647

CODE OF MARYLAND REGULATIONS

Titles 10, 11, and 26 consist of more than one volume. Each volume may be purchased separately.

Title 10 Department of Health and Mental Hygiene: Part & Subtitles

Part 1 01 Procedures 02 Division of Reimbursements 03 Health Statistics 04 Fiscal 05 Freestanding Ambulatory Care Facilities 06 Diseases 07 Hospitals 08 Health Facilities Grants Part 2 09 Medical Care Programs Part 3 10 Laboratories 11 Maternal and Child Health 12 Adult Health 13 Drugs 14 Cancer Control 15 Food 16 Housing 17 Sanitation 18 Human Immunodeficiency Virus (HIV) Infection and Acquired Immunodeficiency Syndrome (AIDS) 19 Dangerous Devices and Substances 20 Kidney Disease Program 21 Mental Hygiene Regulations 22 Developmental Disabilities Part 4 23 Advance Directive Registry 24 Maryland Health Care Commission 25 Maryland Health Care Commission 26 Board of Acupuncture 27 Board of Nursing 28 Board of Examiners in Optometry 29 Board of Morticians and Funeral Directors 30 Commission on Kidney Disease 31 Health Occupation Boards 32 Board of Physicians 33 Board of Examiners of Nursing Home Administrators 34 Board of Pharmacy 35 Postmortem Examiners Commission 36 Board of Examiners of Psychologists Part 5 37 Health Services Cost Review Commission 38 Board of Physical Therapy Examiners 39 Board of Nursing – Certified Nursing Assistants 40 Board of Podiatric Medical Examiners 41 Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists 42 Board of Social Work Examiners 43 Board of Chiropractic Examiners 44 Board of Dental Examiners 45 Maryland Community Health Resources Commission 46 Board of Occupational Therapy Practice 47 Alcohol and Drug Abuse Administration 48 Child Abuse and Neglect Medical Reimbursement Program 49 State Anatomy Board 50 Tissue Banks 51 Vacant 52 Preventive Medicine 53 Board of Nursing—Electrology Practice Committee 54 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) 55 State Board of Spinal Cord Injury Research 56 Board of Dietetic Practice 57 Board for Certification of Residential Child Care Program Professionals 58 Board of Professional Counselors and Therapists 59 Catastrophic Health Emergencies

Title 11 Department of Transportation – Volume & Subtitles Volume 1 01 Office of the Secretary 02 Transportation Service Human Resources System 03 Maryland Aviation Administration 04 State Highway Administration 05 Maryland Port Administration 06 Mass Transit Administration 07 Maryland Transportation Authority 08 Vacant 09 Vacant 10 Vacant Volume 2 and Volume 3 11 Motor Vehicle Administration – Administrative Procedures 12 MVA – Licensing of Businesses and Occupations 13 MVA – Vehicle Equipment 14 MVA – Vehicle Inspections 15 MVA – Vehicle Registration 16 MVA – Vehicle Operations 17 MVA – Driver Licensing and Identification Documents 18 MVA – Financial Responsibility Requirements 19 MVA – School Vehicles 20 MVA – Motorcycle Safety Program 21 MVA – Commercial Motor Vehicles 22 MVA – Preventive Maintenance Program 23 MVA – Drivers’ Schools, Instructors, Driver Education Program Title 26 Department of the Environment – Part & Subtitles Part 1 01 General Provisions 02 Occupational, Industrial, and Residential Hazards 03 Water Supply, Sewerage, Solid Waste, and Pollution Control

Planning and Funding 04 Regulation of Water Supply, Sewage Disposal, and Solid Waste 05 Board of Well Drillers 06 Waterworks and Waste Systems Operators 07 Board of Environmental Sanitarians Part 2 08 Water Pollution 09 Maryland CO2 Budget Trading Program 10 Oil Pollution and Tank Management 11 Air Quality 12 Radiation Management Part 3 13 Disposal of Controlled Hazardous Substances 14 Hazardous Substance Response Plan 15 Disposal of Controlled Hazardous Substances ― Radioactive Hazardous Substances 16 Lead 17 Water Management 18 Susquehanna River Basin Commission Part 4 19 Oil and Gas Resources 20 Surface Coal Mining and Reclamation under Federally Approved Program 21 Mining 22 Coastal Facilities Review 23 Nontidal Wetlands 24 Tidal Wetlands 25 Ballast Water Management 26 Community Right-to-Know Fund 27 Hazardous Material Security

Last Updated 4/2010

Date: ____________

Existing Account#: _____________

eCOMAR Order Form

Name: __________________________________________________________________ Business Name: __________________________________________________________ Address: ________________________________________________________________ City: _______________________ State: ____________ Zip Code: ________________ Phone: __________________ Fax: _________________ Email: ______________________________________________ COMAR codification: ______________________ ;

(ex: 08.02.02*) ______________________ ;

______________________ ;

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* Each codification entered is considered a separate document

Payment Method: _____ Check enclosed and made payable to "Division of State Documents" _____ Charge to my Visa / MasterCard / American Express / Discover Account# ________________________________________________ Expiration Date: _____________________ Signature: ______________________________ Phone No. ________________________

Return Options: Mail to: Fax: Division of State Documents 410-280-5647 State House Annapolis, Maryland 21401

* For documents containing tables, maps, graphics etc. additional fees may apply. —————— • For additional information, please call 410-974-2486 ext. 3876 or 800-633-6957 ext. 3876 or email your questions and inquiries to: [email protected] • Please allow up to 2 business days for turnaround.

Basic Page Pricing per Document*

1 — 20 $10 21— 40 $15 41 — 60 $20 61 — 80 $25 81 — 100 $30 101 — 120 $40 121 — 140 $50 141 — 160 $60 161 — 180 $70 181 — 200 $80 201 — 220 $90 221 — 240 $100 241 — 260 $110 260 — 280 $120 281 — 300 $130 Over 300 Call for pricing

mailto:[email protected]

Maryland Register Archive Order Form The Division of State Documents has created pdf files of all the Maryland

Register issues since 1974. The issues from 1974—2003 are scanned images in pdf format of the actual Register and, as such, are not searchable, while the issues beginning with 2004 are searchable text in pdf format.

Single issues of the Maryland Register from 1974—present

_____ $10 Per issue of the Register from 1974—present via emailed pdf file. Please specify Issue(s): _______________________________________

_____ $15 Per issue of the Maryland Register from 1974—present via mailed hard-copy Please specify Issue(s): _______________________________________ An archival library of all Maryland Register issues from 1974—2003:

_____ $375 2 DVDs (1974 — 2010)

_____ $50 One year of the Maryland Register from 1974—2003 (unsearchable): Please specify Year(s): ______________________________

_____ $100 A single year of issues from 2004 forward will be available in January of the year following their publication. These will be searchable, on CD. Please specify: 2004 2005 2006 2007 2008 2009 2010

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.

Please order by faxing the completed form to: Fax: 410-280-5647

By mailing it to: Division of State Documents State House Annapolis, MD 21401

By email to:

[email protected]

Business/Firm: ___________________________________________

Name: __________________________________________________

Billing Address: __________________________________________

_______________________________________________________

City, State, Zip ___________________________________________

Tel: _______________________Fax:_________________________

By calling: 410-260-3876

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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1/2011

(Please circle payment choice and complete the order form)

Money Order or Check # ____________ Amount: $___________ or

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Maryland Register Print and E-Version Order Form

The Maryland Register is a biweekly publication containing proposed, emergency, and final administrative regulations as well as other State government information. The Register serves as the temporary supplement to the Code of Maryland Regulations (COMAR). Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

See separate Order Form for the Maryland Register Archive Issues from 1974 — 2010.

_____ $225 A single year of print 1st Class Mail Delivery.

_____ $190 A single-user annual eSubscription, which would provide a searchable pdf text file of each issue, emailed directly to one recipient’s email address.

_____ $130 Per additional user, per account subscription. Call 410-260-3876 for details.

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).

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

Please order by faxing the completed form to: Fax: 410-280-5647

By mailing it to: Division of State Documents State House Annapolis, MD 21401

By email to:

[email protected]

By calling: 410-260-3876

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Business/Firm: ___________________________________________

Name: __________________________________________________

Billing Address: __________________________________________

_______________________________________________________

City, State, Zip ___________________________________________

Tel: _______________________Fax:_________________________

Recipient’s Email:_________________________________________

Last updated on 1/2011

(Please circle payment choice and complete the order form)

Money Order or Check # ____________ Amount: $___________ or

VISA, MasterCard, American Express, Discover ~ Amount: $______________

Card # ______________________________________________________ Card Exp. Date: ____________

Signature: __________________________________________ Phone: _______________________

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