Maryland Register, Volume 41, Issue 21 , October 27, 2014

• Jurisdiction: Maryland
• Library: Maryland Register
• Published date: 27 October 2014
• Year: 2014

IN THIS ISSUE

Judiciary

Regulations

Errata

Special Documents

General Notices

Volume 41 • Issue 21 • Pages 1191—1302

Pursuant to State Government Article, §7-206, Annotated Code of

Maryland, this issue contains all previously unpublished documents

required to be published, and filed on or before September 29, 2014,

5 p.m.

Pursuant to State Government Article, §7-206, Annotated Code of

Maryland, I hereby certify that this issue contains all documents

required to be codified as of September 29, 2014.

Brian Morris

Acting Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: October 17, 2014

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 1193

MARYLAND REGISTER, VOLUME 41, ISSUE 21, FRIDAY, OCTOBER 17, 2014

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the

Maryland Register .................................................................. 1195

COMAR Research Aids

Table of Pending Proposals ........................................................ 1196

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name Page

08 Department of Natural Resources ............... 1258, 1259, 1264

09 Department of Labor, Licensing, and Regulation ........... 1270

10 Department of Health and Mental Hygiene .......... 1259, 1272

11 Department of Transportation .......................................... 1259

12 Department of Public Safety and Correctional Services .... 1263

13A State Board of Education ...................................... 1260, 1275

14 Independent Agencies ..................................................... 1276

15 Department of Agriculture .............................................. 1280

27 Critical Area Commission for the Chesapeake and Atlantic

Coastal Bays ................................................................ 1286

31 Maryland Insurance Administration ............................... 1261

36 Maryland State Lottery and Gaming Control

Agency ......................................................................... 1262

PERSONS WITH DISABILITIES

Individuals with disab ilities 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, o r FAX to

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

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................. 1199

STANDING COMMITTEE ON RULES OF PRACTICE

AND PROCEDURE

Notice of Proposed Rules Changes .............................. 1199

Emergency Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

WILDLIFE

Forest Wildlife ................................................................. 1258

Final Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Snapping Turtles .............................................................. 1259

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MEDICAL CARE PROGRAMS

Early and Periodic Screening, Diagnosis and Treatment

(EPSDT) Services ......................................................... 1259

Residential Rehabilitation for Children in Certain Out-of-

Home Placements ......................................................... 1259

11 DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

Release of Public Records ............................................... 1259

Release of Public Records ............................................... 1259

Correction or Amendment of Personal Records............... 1259

TRANSPORTATION SERVICE HUMAN RESOURCES

SYSTEM

Applicability and Definitions ........................................... 1260

MARYLAND TRANSPORTATION AUTHORITY

Permits for Towing, Road Service, and Storage of

Vehicles ........................................................................ 1260

Public Notice of Toll Schedule Revisions ....................... 1260

Vehicle Parking Facilities ................................................ 1260

MOTOR VEHICLE ADMINISTRATION — VEHICLE

EQUIPMENT

Vehicle Brakes ................................................................ 1260

Pneumatic Vehicle Tires .................................................. 1260

Bumpers for Class A, Class E, and Class M Motor

Vehicles ........................................................................ 1260

Speedometer and Odometer on Passenger Cars and Light

Trucks ........................................................................... 1260

Vehicle Identification Numbers ....................................... 1260

Vehicle Connecting Devices and Towing Methods ......... 1260

Nursery School Vehicle Seat Belts and Use .................... 1260

Load Covers .................................................................... 1260

13A STATE BOARD OF EDUCATION

SCHOOL PERSONNEL

Evaluation of Teachers and Principals ............................ 1260

31 MARYLAND INSURANCE ADMINISTRATION

PROPERTY AND CASUALTY INSURANCE

Coverage for Loss Caused by Water That Backs Up Through

Sewers or Drains .......................................................... 1261

Notice of Amount of Renewal and Expiring Policy

Premiums ...................................................................... 1261

UNFAIR TRADE PRACTICES

Notice of Premium Increase for Commercial

Insurance ...................................................................... 1261

36 MARYLAND STATE LOTTERY AND GAMING

CONTROL AGENCY

GAMING PROVISIONS

General ............................................................................ 1262

VIDEO LOTTERY TERMINALS

Video Lottery Technical Standards ................................. 1262

TABLE GAMES

General ............................................................................ 1262

GAMING PROVISIONS

Video Lottery Operation License .................................... 1262

TABLE GAMES

Four Card Poker Rules .................................................... 1262

Withdrawal of Regulations

12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES

DIVISION OF CORRECTION

Visits to Inmates .............................................................. 1263

OFFICE OF THE SECRETARY

Visiting Individuals Confined in a Correctional

Facility .......................................................................... 1263

PATUXENT INSTITUTION

Visits to Inmates .............................................................. 1263

OFFICE OF THE SECRETARY

Performance of Duty-Related Death Benefits ................. 1 263

Proposed Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fishing in Nontidal Waters .............................................. 1264

Yellow Perch ................................................................... 1266

WILDLIFE

Forest Wildlife ................................................................. 1268