Maryland Register, Volume 40, Issue 22, November 1, 2013

• Jurisdiction: Maryland
• Library: Maryland Register
• Published date: 01 November 2013
• Year: 2013

IN THIS ISSUE

Judiciary

Regulatory Review and

Evaluation

Regulations

Errata

Special Documents

General Notices

Volume 40 • Issue 22 • Pages 1853—1900

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Maryland, this issue contains all previously unpublished documents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 October 11, 2013, 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 October 11, 2013.

Brian Morris

Acting Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: November 1, 2013

Information About the Maryland Register and COMAR

MARYLAND REGISTER

The Maryland Register is an official State publication published

every other week throughout the year. A cumulative index is

published quarterly.

The Maryland Register is the temporary supplement to the Code of

Maryland Regulations. Any change to the text of regulations

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

emergency action, must first be published in the Register.

The following information is also published regularly in the

Register:

• Governor’s Executive Orders

• Attorney General’s Opinions in full text

• Open Meetings Compliance Board Opinions in full text

• State Ethics Commission Opinions in full text

• Court Rules

• District Court Administrative Memoranda

• Courts of Appeal Hearing Calendars

• Agency Hearing and Meeting Notices

• Synopses of Bills Introduced and Enacted by the General

Assembly

• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

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

date. Example:

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

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

1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMAR is the o fficial compilation of all regulations issued by

agencies of the State of Maryland. The Maryland Register is

COMAR’s temporary supplement, printing all changes to regulations

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

regulations printed in the Maryland Register are incorporated into

COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

COMAR regulations are cited by title number, subtitle number,

chapter number, and regulation number. Example: COMAR

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

DOCUMENTS INCORPORATED BY REFERENCE

Incorporation by reference is a legal device by which a docu ment is

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

incorporated document does not appear in COMAR, the provisions of

the incorporated document are as fully enforceable as any other

COMAR regulation . Each regulation that proposes to incorporate a

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

The Cumulative Table of COMAR Regulations Adopted, Amended

or Repealed, found online, also identifies each regulation

incorporating a document. Documents incorporated by reference are

available for in spection in various depository libraries located

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

depositories are listed in the first issue of the Maryland Register

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

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives

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

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

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

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 th e Maryland Register. Single issues of the

Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN

THE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons may participate in

the process by which administrative regulations are adopted,

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

validity and applicability of regulations is d etermined. Listed below

are so me of the ways in which citizens may participate (references

are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally

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

Comment’’ at the beginning of all regulations appearin g in the

Proposed Action on Regulations section of the Maryland Register).

(See SG, §10-112)

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

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

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

to how any regulation, order, or statute enforced b y the agency

applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

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

interferes with or impairs the legal rights or privileges of the

petitioner. (SG, §10-125)

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

Division of State Documents for publication in the Maryland

Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes

and other mail to: Maryland Register, State House, Annapolis, Maryland

21401. Tel. 4 10-260-3876; Fax 410-280-5647. Published biweekly, with

cumulative indexes published quarterly, by the State of Maryland, Division of

State Documents, State House, Annapolis, Maryland 21401. The subscription

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

subscriptions post-paid to points in the U.S. periodicals postage paid at

Annapolis, Maryland and additional mailing offices.

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

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

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

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

Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

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

form is a prohibited commercial purpose (see State Government Article, §7 -206.2, Annotated Code of Maryland). By purchasing a product, the

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

Contents 1855

MARYLAND REGISTER, VOLUME 40, ISSUE 22, FRIDAY, NOVEMBER 1, 2013

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the

Maryland Register .................................................................. 1857

COMAR Research Aids

Table of Pending Proposals ........................................................ 1858

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name Page

03 Comptroller of the Treasury ............................................ 1880

07 Department of Human Resources ................................... 1876

09 Department of Labor, Licensing, and Regulation ........... 1876

10 Department of Health and Mental Hygiene .... 1871, 1876, 1881

14 Independent Agencies ..................................................... 1871

18 Department of Assessments and Taxation ...................... 1887

26 Department of the Environment ...................................... 1887

30 Maryland Institute for Emergency Medical Services

Systems (MIEMSS) .................................................... 1890

31 Maryland Insurance Administration ..................... 1875, 1878

36 Maryland State Lottery and Gaming Control

Agency ......................................................................... 1879

PERSONS WITH DISABILITIES

Individuals with disab ilities who desire assistance in usin g the

publications and services of the Division of State Documents are

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

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

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................. 1861

RULES ORDER .............................................................. 1861

STANDING COMMITTEE ON RULES OF PRACTICE

AND PROCEDURE

Notice of Open Meeting ............................................... 1869

Regulatory Review and Evaluation

STATE BOARD OF EDUCATION

Opportunity for Public Comment................................. 1870

Emergency Action on Regulations

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

PROCEDURES

Fair Hearing Appeals Under the Maryland State Medical

Assistance Program ....................................................... 1871

DANGEROUS DEVICES AND SUBSTANCES

Prohibition of Child Care Products Containing TCEP ..... 1871

14 INDEPENDENT AGENCIES

MARYLAND ENERGY ADMINISTRATION

Solar Grant Program ........................................................ 1871

Clean Energy Grant Program ........................................... 1871

Geothermal Heat Pump Grant Program ........................... 1871

31 MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE

PROFESSIONALS

Procedures — Written Consent — Federal Law .............. 1875

Final Action on Regulations

07 DEPARTMENT OF HUMAN RESOURCES

SOCIAL SERVICES ADMINISTRATION

Out-of-Home Placement Program ................................... 1876

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION

BOARD FOR PROFESSIONAL ENGINEERS

Fees ................................................................................. 1876

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

PROCEDURES

Health Care Practitioner User Fee Collection .................. 1876

MEDICAL CARE PROGRAMS

General Medical Assistance Provider Participation

Criteria .......................................................................... 1877

LABORATORIES

Law Enforcement Laboratories — Personnel Certification and

Approval of Laboratory Procedures ............................. 1877

BOARD OF PROFESSIONAL COUNSELORS AND

THERAPISTS

Disciplinary Sanctions and Monetary Penalties .............. 1877

Supervision Requirements for Licensed Graduate Alcohol

and Drug Counselors and Graduate-Level Trainees ..... 1877

Supervision Requirements for Certified Alcohol and Drug

Counselors and Trainees Pursuing Certification ........... 1878

31 MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE

PROFESSIONALS

Consolidated Services Center — SHOP Exchange Enrollment

Permits .......................................................................... 1878

PROPERTY AND CASUALTY INSURANCE

Addition, Reduction, or Elimination in Coverage Notice

Requirement ................................................................. 1878

Liability of Insurer — Failure to Act in Good Faith ........ 1878

36 MARYLAND STATE LOTTERY AND GAMING

CONTROL AGENCY

TABLE GAMES

Table Games Procedures ................................................. 1879

Four Card Poker Rules .................................................... 1879

Mississippi Stud Rules .................................................... 1879

Proposed Action on Regulations

03 COMPTROLLER OF THE TREASURY

INCOME TAX

Electronic Filing Requirements for Business Tax

Credits .......................................................................... 1880

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MEDICAL CARE PROGRAMS

Physicians’ Services ........................................................ 1881

BOARD OF NURSING

Standards of Practice for Registered Nurses .................... 1882

BOARD OF EXAMINERS OF PSYCHOLOGISTS

Disciplinary Sanctions, Monetary Penalties, and Civil

Fines ............................................................................. 1883

BOARD OF SOCIAL WORK EXAMINERS

Regulations Governing Licensure ................................... 1884

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

REAL PROPERTY ASSESSMENTS

Agricultural Use Assessments ......................................... 1887

26 DEPARTMENT OF THE ENVIRONMENT

WATER MANAGEMENT

Water Appropriation or Use ............................................ 1887