# COMCOR — Chapter 2. Administration - Regulations ### COMCOR 02.05.01 Use of Consular Registration Cards for Identification #### 02.05.01.01 Purpose 1.1 The purpose of this regulation is to identify the nations that issue consular Registration Cards that may be accepted by Montgomery County agencies as personal identification and proof of residence. #### 02.05.01.02 Definitions 2.1 Consular Registration Card means an identification card issued by a foreign government to one of its nationals living in the United States after sufficient verification of the card holder's identity and place of residence. #### 02.05.01.03 Acceptance of Consular Registration Cards 3.1 Consular Registration Cards issued by the following nations may be accepted by County agencies as personal identification and proof of residence: 3.1.1 Guatemala 3.1.2 Mexico ### COMCOR 02.39A.01 Command and Communication Procedure for Fire and Rescue Corporation - Directions to County Firefighter/Rescuer Employees #### 02.39A.01.01 The Director of the Department of Fire and Rescue Services shall delegate in writing day-to-day supervision of Montgomery County merit system firefighters/rescuers assigned to a fire or rescue corporation, including authority to initiate discipline, to the senior county merit system firefighter or rescue worker assigned to a particular fire or rescue corporation. This senior firefighter or rescuer may designate other county merit system firefighters/rescuers to act as .the senior county merit system firefighter/rescuer in his/her absence. The senior merit system firefighter/rescuer shall be responsible to the Director of the Department of Fire and Rescue Services for all personnel matters under the terms of the applicable County Personnel Regulations and policies. #### 02.39A.01.02 All delegations by the Director, and designations by the senior career firefighter/rescuer, shall be in writing, with copies to the affected corporations. #### 02.39A.01.03 One or more corporation officers may be authorized in writing by each corporate board of directors to give directions on the management of corporation activities and facilities to the senior County merit system firefighter/rescuer assigned to a corporation and designated by the Director. Copies of this authorization must be furnished to the Director of the Department of Fire and Rescue Services and the senior County firefighter/rescuer for the corporation. An authorized corporate officer may, with the approval of the Board of Directors, delegate this authority to a subordinate corporate officer. If more than one authorized corporation officer is present at a particular place and time, the direction of the senior corporation officer controls. #### 02.39A.01.04 If any direction of an authorized corporate officer is contradictory to a previous written order of the Director, the senior County merit system firefighter/rescuer may suspend implementation of the direction until the director or his designee is advised and confirms, modifies or rejects the direction. The designated corporation officer may request a review of a modified or rejected direction by the Chief Administrative Officer who shall respond with a final written decision. #### 02.39A.01.05 This Regulation is subject to the chain of command promulgated by the Fire and Rescue Commission, which, in case of conflict with this regulation, shall control. Montgomery County merit system firefighter/rescuers responding to an operational incident will receive and be subject to directions and commands pursuant to the integrated emergency command structure adopted by the Montgomery County Fire and Rescue Commission pursuant to the provisions of the Montgomery County Code. #### 02.39A.01.06 Each fire or rescue corporation nay designate in writing a person to meet and consult with the Director of the Department of Fire and Rescue Services or appropriate designee concerning any personnel, assigned by the Department of Fire and Rescue Services to the fire corporation. ### COMCOR 02.42A.01 Crime Victim Compensation Fund #### 02.42A.01.01 Definitions Crime: An act committed by any person which would be a crime under the laws of this County, the State of Maryland, Federal Law, or at Common Law. Department: Montgomery County Department of Health and Human Services. Director: The director of the Montgomery County Department of Health and Human Services or the director's designee at or above the level of program administrator. Fund: Crime Victim Compensation Fund. Immediate Family Member: A parent, child, spouse, or sibling of the victim. Income Eligible: A victim whose gross annual income is within the eligibility guidelines as set by the Montgomery County Housing Opportunity Commission for Federally subsidized benefits. Law Enforcement Agency: Defined for purposes of this regulation as: A. the Maryland State Police; B. the Montgomery County Police Department; C. the Police Department, Bureau, or Force of any incorporated city or town lying within Montgomery County; D. the Montgomery County Sheriff’s Department; E. appropriate Federal law enforcement agency; and F. any comparable law enforcement agency outside Montgomery County. Program: Victim Assistance and Sexual Assault Program of the Behavioral Health and Crisis Services Area of the Department of Health and Human Services. Program Administrator: Administrator of the Victim Assistance and Sexual Assault Program. Victim: A person who suffers direct or threatened physical, emotional, or financial harm as a result of a crime or attempted crime and includes immediate family members or household members. #### 02.42A.01.02Responsibilities of the Department 2.1 The Department of Health and Human Services is responsible for establishing necessary departmental procedures to ensure the expeditious handling of all requests for victim compensation. 2.2 As part of the annual budget submission, the County Executive will state the amount raised by the Victim Assistance and Sexual Assault Program in the previous calendar year and recommend, in addition to the regular appropriation for the program, an additional appropriation necessary for a 2-1 County match of private donated funds. #### 02.42A.01.03Victim Identification 3.1 In addition to self-referrals, the Program will accept referrals from the Police, the Courts, the State's Attorney's Office, the Abused Persons Program, and other individuals, programs, and agencies who have come into contact with victims of crimes. #### 02.42A.01.04 Eligibility 4.1 To be eligible to receive compensation from the Fund, an individual must be a victim of a crime committed in Montgomery County or a resident of Montgomery County who is a victim of a crime in another jurisdiction where comparable compensation is not available. The crime must have been reported to an appropriate law enforcement, domestic violence or sexual assault agency within forty-eight hours after its occurrence or its discovery. The Program Administrator may waive this deadline if the administrator determines that it was difficult or impossible for the victim to meet the deadline. Reporting to an appropriate law enforcement agency means that a crime report number is issued and recorded in that law enforcement office. 4.2 In addition, immediate family members and household members of a victim are eligible to receive compensation from the Fund. 4.3 If a victim is deceased as a result of the crime, funeral, cremation, or other burial and final disposition services for the victim may be compensated from the fund. A funeral, cremation, or other burial and final disposition service provider may request and receive compensation for services provided on behalf of the victim. A person or entity may request and receive compensation for funeral, cremation, or other burial and final disposition service provided on behalf of the victim provided that proper documentation of payment to the service provider is submitted to the Program. #### 02.42A.01.05Compensation 5.1 Income eligible victims are eligible for costs incurred for court appearances, claim hearings, and medical (including mental health) treatment; replacement of property lost as a result of a crime and needed for the well-being of the victim; and other services or financial assistance directly related to the effects of the crime on the victim. Total compensation per single criminal incident is limited to $5,000. 5.2 A member of a victim’s immediate family or household may receive compensation for mental health services only. Reasonable proof that a relationship qualifies under this subsection may be requested. Reasonable proof shall consist of one or more of the following: marriage certificate, birth certificate, lease or mortgage statement demonstrating joint residence; utility bills demonstrating joint residence; or documentation that the Director determines is equivalent to the above. 5.3 Compensation for mental health services for the victim’s immediate family or household members may not exceed $1,000 (20% of the maximum compensation) if the member of the immediate family or household meets income limits that apply to the victim. 5.4 Compensation for mental health services for the victim’s immediate family or household members may not exceed $500 (10% of the maximum compensation) if the member of the immediate family or household is not income eligible and the Director the Director waives the income limits. The Director may waive income eligibility if he determines doing so will promote the Fund’s purpose of assisting and supporting crime victims. 5.5 Compensation for mental health services paid for the victim’s immediate family or household members is not included in the victim’s total maximum compensation of $5,000 per single criminal incident. 5.6 Compensation for funeral, cremation, or other burial and final disposition service costs is included in the victim’s total maximum compensation amount of $5,000. 5.7 The Director may waive the income limits if the Director determines that the costs of the crime are likely to reduce the victim’s income below the income limits within twelve (12) months of the date of application for assistance. 5.8 Compensation, replacement of property and other financial assistance are available only to the extent that they are not available from insurance, the State victim compensation program, the Partnership Board for Victims of Hate Violence, or any other source. The Director may waive the income limits for a victim who is not income eligible for a maximum compensation of $500 (10% of the maximum compensation). Income eligibility may be waived if the Director determines doing so will promote the Fund’s purpose of assisting and supporting crime victims. Compensation, replacement of property and other financial assistance are available only to the extent that they are not available from insurance, the State victim compensation program, the Partnership Board for Victims of Hate Violence, or any other source. #### 02.42A.01.06Filing Claims 6.1 To file a claim for compensation or property replacement, a person or entity eligible under 02.42A.01.04 must complete an application form and deliver the completed form to the Program. 6.2 To file a claim for compensation, a person or entity eligible under 02.42A.01.04 must sign a statement affirming that all information provided and statements made to the Program are true and based on personal knowledge. 6.3 Any claim for compensation must be filed by the victim, immediate family member or household member within 90 days after the crime is reported. The Program Administrator may waive the 90-day requirement if determined that it was difficult or impossible for the a person or entity eligible under 02.42A.01.04 to meet the deadline. #### 02.42A.01.07Responsibilities of the Program 7.1 After receipt of referral, a Victim Assistant should attempt to contact the victim within seven (7) working days to determine eligibility. Contact shall be done by mail when necessary. This initial contact will include the review of information affecting victim’s eligibility, including but not limited to such items as general amount and urgency of need, potential insurance coverage and deductible amounts, and general income level of the victim. 7.2 If the victim is eligible for the program and desires assistance, a Victim Assistant will assist the victim in completing an application form. 7.3 Upon receipt of the compensation application form, the Victim Assistant will process the claim including, but not limited to, verification of the crime data, final eligibility determination and value assessment. 7.4 After investigation and determination of an appropriate compensation amount by the Victim Assistant, the Program Administrator shall approve or disapprove payment of the claim within 30 days of the Program Administrator determining that the application is complete, subject to the availability of funding. 7.5 The Program Administrator will prepare a written report on the Crime Victim Compensation Fund annually to the Victim Services Advisory Board. #### 02.42A.01.08Review of Program 8.1 The Victim Services Advisory Board will review the annual report presented by the Program Administrator and make recommendations for changes and/or improvements to the Director of the Department of Health and Human Services. 8.2 The Victim Services Advisory Board will include their review of the Crime Victim Compensation Fund in their annual report to the County Executive and County Council. #### 02.42A.01.09Effective Date 9.1 This regulation takes effect 30 days after approval by the County Council. ### COMCOR 02.42A.02 Reserved ### COMCOR 02.42A.03 Montgomery County Department of Health and Human Services Fee Schedule #### 02.42A.03.01 Section 16-201(b), Health-General Article, Annotated Code of Maryland, requires political subdivisions to set charges and collect fees for health and health-related services funded in whole or in part by State or Federal funds. Services provided by the Montgomery County Department of Health and Human Services are affected by this law. #### 02.42A.03.02 Section 2-42A(e), Montgomery County Code requires that fees for Department of Health and Human Services services will be established by the County Executive who may from time to time change them in an amount not to exceed the actual cost of the services provided. #### 02.42A.03.03 The current maximum fee to be charged by the Department of Health and Human Services for the health services it provides is determined annually by the Maryland Department of Health. #### 02.42A.03.04 The Maryland Department of Health annually issues an Ability to Pay Schedule in accordance with its responsibilities under Section 16-201, Health-General Article, Annotated Code of Maryland. That portion of the authorized service fee to be paid by a client is determined by reference to the Ability to Pay Schedule. No client is denied services due to inability to pay. ### COMCOR 02.42A.04 Death Certificate Fee #### 02.42A.04.01 Background and Fee 1. Section 4-217(d), of Health-General Article, Annotated Code of Maryland authorizes each county local health department to set and collect a fee for processing and issuing a death certificate that covers the administration cost of providing this service. The fee set by the local health department for processing and issuing a death certificate as determined by the Health Officer. 2. Section 2-42A(e), Montgomery County Code, as amended, requires that fees for Department of Health and Human Services services be established by the County Executive who may from time to time change them in an amount not to exceed the cost of the services provided. 3. The fee to be charged for the preparation of a death certificate will be determined by the Health Officer based on the determination of the actual cost of processing and issuing a death certificate. #### 02.42A.04.02 Effective Date This regulation takes effect thirty (30) calendar days after the deadline for comments published in the Register. ### COMCOR 02.42A.05 Ability to Pay Schedule The Maryland State Department of Health periodically issues an Ability to Pay Schedule for Clinic and Outpatient Services in accordance with its responsibilities under Section 16-201, Health-General Article, Annotated Code of Maryland. The amount of the authorized service fee to be paid by a client is determined by referring to the Ability to Pay Schedule. No client is denied services due to inability to pay. ### COMCOR 02.42A.06 Requirements for the Working Parents Assistance Program #### 02.42A.06.01 Definitions 1.1 In this regulation, unless more specifically defined, the following words have the meanings stated: (a) Applicant means a child’s parent, guardian, or custodian who applies for benefits. (b) Case worker means the Department of Health and Human Services staff person assigned to work directly with the applicant or client to determine eligibility. (c) Certification period means the time period for which benefits have been approved. Certification is the process through which an applicant is officially approved to receive benefits. (d) Child care means care for less than a 24 hour day, for which compensation is paid to a child care center or family child care home licensed or registered by the Maryland Department of Human Resources. (e) Child care center means a facility providing child care in Maryland that is: (1) licensed under COMAR 07.04.02 by the Maryland Department of Human Resources; (2) operated under a letter of compliance issued by the Maryland Department of Human Resources; or (3) licensed by any branch of the military under applicable military child care regulations. (f) Client means a person who has been approved to receive benefits. In a two- parent household the term client refers to both parents. (g) Director means the director of the Department of Health and Human Services or the director’s designee. (h) Family child care home means a residence, other than the child’s home, that is: (1) registered under COMAR 07.04.02 to provide child care by the Maryland Department of Human Resources; (2) operated under a letter of compliance issued by the Maryland Department of Human Resources; or (3) registered by any branch of the military under applicable military child care regulations. (i) Gross income means total household income, taxable and nontaxable, from all sources, whether or not reported on a federal or state income tax return. (1) Gross income includes, but is not limited to: (A) wages and tips received as compensation for employment or services rendered before taxes and other deductions; (B) commissions, bonuses, and incentives; (C) interest and dividends from all financial accounts; (D) benefits under the Social Security Act, or the Railroad Retirement Act; (E) bequests and inheritances; (F) child or spousal support payments, which include: (i) amounts paid directly to the applicant or client; (ii) third party payments on behalf of the applicant or client; or (iii) court ordered payments; (G) recurring monetary gifts and loans, excluding student loans, made to the household by other persons not living in the household to assist with living expenses; (H) strike benefits which do not include employee contributions; (I) pensions and annuity benefits, including veterans, railroad, and mine worker benefits; (J) unemployment compensation benefits; (K) trust fund disbursement; (L) capital gains; (M) net profits from business and property rentals; (N) workers compensation benefits; (O) stipends for educational or research fellowships for living expenses, excluding that portion that covers tuition and required fees; and (P) net income from self-employment. (2) Gross income does not include: (A) losses from business, rental, or capital transactions; (B) other third-party payments for which the applicant or client has no discretion over the use of the funds; (C) employment income of household members under 18 years old, unless emancipated; (D) loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs; (E) grants or loans to an undergraduate student for educational purposes made or insured under a program administered by the Commissioner of Education under the Higher Education Act; (F) loans with established payment plans; (G) Medicare payments deducted from social security benefits; (H) Supplemental Security Income (SSI), Temporary Cash Assistance (TCA), and foster care benefits; (I) Nazi restitution payments to victims of Nazi persecution; or (J) military basic allowance for housing. (3) For the purpose of determining eligibility, the following will be deducted from gross income: (A) extraordinary necessary medical expense payments that exceed 7 percent of household gross income when the applicant or client provides documentation that the household makes regular payments; (B) out-of-pocket child care expenses paid for child care during additional approved activities when the applicant or client provides documentation that the household makes regular payments; (C) child support payments made by a non-custodial parent for a child not residing in the applicant’s or client’s household; (D) $5,000 of a household’s annual gross income per child for adults with physical custody of a child, as defined in Section 1.1(n). This amount may change as determined by the state program in COMAR 07.04.06.02.B(23)(c)(iii), or its replacement; and (E) $5,000 of household gross income per child in child care when the minor parent lives with their parent(s) and attends public school full time. This amount may change as determined by the state program in COMAR 07.04.06.02.B(23)(c)(iv), or its replacement. (j) Household means an applicant or client and all of the following residing in the applicant’s or client’s home: (1) the applicant’s or client’s spouse; (2) another parent of any of the applicant’s or client’s children; (3) the applicant’s or client’s children; and (4) the spouse’s children. (k) Metropolitan area median income means the most recently published metropolitan area median income from the United States Department of Housing and Urban Development, unless lower than the previous year, then income limits will remain the same. (l) OCSE means an office of child support enforcement in any jurisdiction. (m) Parent means a child’s natural parent, adoptive parent, or parent surrogate. (n) Parent surrogate means an adult, other than a parent, including a caretaker relative, who has legal guardianship and assumes day-to-day responsibility for a child’s care and welfare. (o) Provider means an individual who is responsible for the operation of a family child care home or child care center. (p) Program administrator means the section chief for child care subsidy programs responsible for implementation of WPA regulations and procedures. (q) Recertification means the process through which the eligibility of a client whose certification period is ending is reviewed to determine continued eligibility. (r) State program means Maryland’s Purchase of Child Care Program as administered by the Montgomery County Department of Health and Human Services. (s) Statement of Responsibility means a written agreement between the provider, parent and WPA that outlines the type of care provided, the monthly subsidy amount approved for each child, and the terms and conditions for participation. Both the parent and the provider must sign the agreement to acknowledge the terms and conditions of participation and to verify the type of care, child’s start date and provider’s average monthly fee. (t) Supervisor means the person responsible for WPA daily operations and for reviewing eligibility decisions made by WPA case workers. (u) Temporary disability means a physical, mental, or emotional impairment that substantially limits the applicant or client for no more than 6 months. The applicant or client must submit a statement of condition of disability from a physician which verifies that the applicant or client temporarily cannot work and cannot care for the child(ren). (v) Voucher means a coupon given to a client to purchase child care from a provider. The voucher states the child’s name, month of service, expiration date, type of child care, and the authorized subsidy amount. (w) WPA means the Working Parents Assistance Program, administered by the County Department of Health and Human Services. #### 02.42A.06.02 Eligibility 2.1 General Eligibility (a) A parent or parent surrogate may apply for benefits. (b) A child must be under the age of 14 to be eligible for benefits. A child under the age of 19 may be eligible if a documented disability precludes self care. (c) An applicant or client cannot receive benefits if eligible for the state program unless there is a state program waiting list. (d) An applicant or client must be a citizen or legal resident of the United States, or have a child who is a United States citizen, and reside in Montgomery County. (e) Pursuit of child support (1) The applicant or client must be receiving or actively pursuing child support for all children in the household, if the applicant or client is not living with the other parent of the children. Actively pursuing child support means: (A) receiving child support that is court ordered through a legal separation agreement or divorce decree; (B) receiving child support that is court ordered through any OCSE; (C) submitting an application for child support to the Montgomery County OCSE with enough identifying information for the Montgomery County OCSE or WPA to make a determination regarding cooperation from the custodial parent; (D) enforcing through an OCSE an existing court order for child support where support is not being paid or payment is less than the court order; or (E) cooperating with an OCSE by providing accurate and updated information regarding any absent parent. (2) The program administrator may waive the child support requirement for good cause. Good cause means circumstances in which cooperation of the applicant or client in pursuit of child support may be contrary to the interest of the child for whom support is being sought. These circumstances are: (A) when cooperation is reasonably anticipated to result in physical or emotional harm to an identifiable person; (B) when the child was conceived as a result of incest or rape; (C) when legal proceedings for the child's adoption are pending before a court of competent jurisdiction; or (D) when the applicant or client is currently being assisted by a public or licensed private social service agency to resolve the issue of whether to keep the child or relinquish the child for adoption and the discussions have not gone on for more than three months. (3) The applicant or client may refuse to cooperate in pursuing child support only by showing good cause. (A) The applicant or client is responsible for providing evidence necessary to support a claim of good cause. (B) The case worker is responsible for reviewing a claim of good cause and making a recommendation to the program administrator. (4) Evidence to support a claim of good cause includes, but is not limited to: (A) a birth certificate or medical or law enforcement record indicating that the child was conceived through incest or rape; (B) a court document or other records showing that legal proceedings for adoption are pending before a court of competent jurisdiction; (C) a court, medical, criminal, child protective services, psychological, social services or law enforcement record which indicate that the absent parent might inflict physical or emotional harm on an indentifiable person; (D) a medical record showing the emotional health history and the present emotional health status of an indentifiable person; (E) a written statement from a mental health professional indicating a diagnosis or prognosis of the emotional health of the child or the applicant or client; (F) a written statement from a public or licensed private social service agency that the agency is helping the applicant or client to resolve the issue of the child’s adoption and that these discussions have not continued for more than three months; or (G) sworn statement from individuals other than the applicant or client with knowledge of the circumstances providing the basis for a claim of good cause. (f) Income (1) Applicants or clients with households of 2, 3, and 4 persons are eligible if household income does not exceed 60 percent of metropolitan area median income for that household size. (2) Applicants or clients with households of 5 or more persons are eligible if household income does not exceed 60 percent of metropolitan area median income for a household of 5 persons. (g) Work Activity (1) The applicant or client must be: (A) working for wages or self-employment income at least 30 hours a week; (B) attending a job training program and engaged in related work or study at least 30 hours a week; (C) attending school to receive a high school diploma or equivalent and engaged in related work or study at least 30 hours a week; (D) attending college to receive a first undergraduate degree, carrying at least 12 credit hours and maintaining at least a 2.0 grade point average for the semester most recently completed; or (E) engaged in any combination of work, school, and job training at least 30 hours a week. (2) If the applicant’s or client’s spouse or another parent of any child in the household lives in the applicant’s or client’s home, this parent must be: (A) working for wages or self-employment income at least 30 hours a week; (B) attending a job training program and engaged in related work or study at least 30 hours a week; (C) attending school to receive a high school diploma or equivalent and engaged in related work or study at least 30 hours a week; (D) attending college to receive a first undergraduate degree, carrying at least 12 credit hours and maintaining at least a 2.0 grade point average for the semester most recently completed; (E) engaged in any combination of work, school, and job training at least 30 hours a week; or (F) physically or mentally incapable of engaging in a work activity or providing ongoing child care, as documented by a physician. (3) Eligibility while in school or job training full-time is limited to 2 years, or 4 years if working half-time and attending school half-time. (4) When an applicant, client or the other parent has a temporary disability which precludes meeting the activity requirement, the applicant or client must provide proof of such disability as defined in Section 1.1(u). (h) The applicant or client must not be engaged in any activities as defined in 02.42A.06.07. (i) The applicant or client must be in good standing with the state program as defined by COMAR 07.04.06. #### 02.42A.06.03 Application Process 3.1 Initial Application (a) In order to be considered for WPA benefits, an applicant must submit an application on a form provided by WPA, together with supporting documentation as required by WPA. The applicant must certify in writing on the application or on an accompanying form that all information is accurate and true. (b) The application must be approved or denied within 30 calendar days after receipt of the signed application and all requested documentation. (c) When an applicant is determined eligible, the benefit effective date will be the date the signed application was received, provided all requested documentation was received within 30 calendar days after receipt of the signed application. (d) An application will be denied when the applicant: (1) is ineligible pursuant to 02.42A.06.0; (2) has been terminated from WPA within the last 12 months for fraud, pursuant to 02.42A.06.07; or (3) fails to provide the required documentation within 30 calendar days after receipt of signed application. (e) When an applicant is denied, WPA must send a written notice to the applicant within 30 calendar days from the date of denial that includes the decision, the basis for the decision, and an explanation of the applicant’s right to and method of filing an appeal pursuant to 02.42A.06.09. (f) An applicant who is denied benefits may appeal to the supervisor by following the process for requesting a case review pursuant to 02.42A.06.02. 3.2 Certification Period (a) The certification period will be a maximum of 6 months. (b) The supervisor may approve benefits for a longer period based on special work activity requirements of the applicant or client. (c) Continuation of benefits without interruption of services will be contingent upon the client applying for recertification at least 60 calendar days before the existing certification period ends. (d) Eligibility and amount of subsidy will be redetermined during recertification after a review of updated information and documentation. If recertification results in a reduction of the subsidy amount, written notice must be given to the client at least 15 calendar days prior to the end of the current certification period. If the client does not complete the recertification process within the required time period in 3.2(c), then the client waives the right to written notice and the voucher issued will serve as notification of the reduced subsidy amount. 3.3 Interim Changes (a) Interim change means any change in a client’s circumstance during a certification period that may affect eligibility or the amount of the subsidy. This includes but is not limited to changes in: (1) address; (2) income; (3) work activity; (4) household composition; or (5) child care arrangements. (b) The client must report interim changes to WPA within 15 calendar days of when the change occurs. 3.4 A waiting list will be established for applicants approved for benefits if program funding has been exhausted or fully committed for a fiscal year. (a) When a waiting list is established, WPA must inform an applicant of placement on the waiting list. (b) An applicant on the waiting list may be subject to recertification. (c) WPA must maintain a list of all eligible applicants ranked according to the percentage of adjusted family gross income needed for average child care costs. (d) Households for whom child care costs consume the highest percentage of adjusted gross income will receive priority on the waiting list. #### 02.42A.06.04 Delivery of Services 4.1 The subsidy amount for eligible households will be updated annually, and will be calculated based on the following: (a) ninety percent of the difference between the current average cost of child care in Montgomery County, and the funds the client or applicant is determined to have available to pay for child care; and (b) income eligibility, based on metropolitan area median income. 4.2 Each client certified to receive benefits will receive a voucher package containing the following documents: (a) terms and conditions for receiving benefits; (b) statement of responsibility for each child eligible to receive a subsidy; (c) vouchers for the certification period for each child eligible to receive a subsidy; (d) recertification reminder; and (e) appeal rights. 4.3 The provider must submit a signed statement of responsibility to WPA to activate a voucher for an eligible child. 4.4 Upon delivery of services by the provider to the client, each voucher must be: (a) properly completed; (b) signed by an eligible provider and the client; (c) returned to WPA prior to the expiration date; and (d) submitted for payment up to the amount printed on the voucher by WPA. 4.5 Any difference between the amount paid by WPA and the provider’s average monthly fees for services is the responsibility of the client. #### 02.42A.06.05 Payments 5.1 Payment to Providers for Services Rendered (a) A statement of responsibility must be submitted to WPA in accordance with Section 4 of this regulation before payments can be processed. (b) Payment on valid vouchers will be made monthly to providers who meet WPA requirements. (c) Vouchers are subject to verification by WPA. #### 02.42A.06.06 Termination of Benefits 6.1 Benefits may be terminated if the client: (a) is determined to be no longer eligible at the time of recertification because of need or income; (b) has an documented change in household status that results in the client no longer meeting eligibility criteria; (c) fails to report an interim change in household status that would have resulted in reduction or termination of benefits; (d) is found to have misrepresented facts pertaining to eligibility or fails to adhere to the terms and conditions of WPA; (d) does not apply for recertification; (e) chooses to terminate; or (f) is unwilling to pursue child support through the Montgomery County OCSE unless the program administrator waives the child support requirement pursuant to Section 2.1(e)(2) or Section 8.1. 6.2 A client’s benefit will not be terminated in order to admit another client. 6.3 Clients whose benefits are terminated during the certification period will receive written notice at least 15 calendar days prior to the effective date of termination, provided the reporting requirements of Section 3.3 are met. If the reporting requirements of Section 3.3 are not met, then the termination will be effective immediately. 6.4 Clients who do not recertify within the required time limit will be notified in writing of the termination 30 calendar days prior to the end of the current certification period. 6.5 Clients who recertify within the required time limit and are found to be ineligible during the recertification process will be notified in writing 30 calendar days prior to the end of the current certification period. #### 02.42A.06.07 Penalties 7.1 Any person who knowingly makes or helps another person to make a false or misleading statement in order to obtain WPA benefits: (a) upon conviction, will be guilty of a class A violation; (b) may be required to repay the county any WPA benefit improperly paid in reliance on the false or misleading statement; and (c) may be required to pay the county interest on the amount improperly paid at the rate of one percent per month on the outstanding balance owed until the total benefit improperly paid is fully repaid. 7.2 Recoupment (a) A client or provider may be required to establish a repayment agreement with WPA. (b) If a repayment agreement exists and payments are not current, a client may be prohibited from participation in WPA. 7.3 Discontinuation of payments and exclusion from future participation in WPA (a) If the program administrator believes a household has improperly obtained benefits, improperly used benefits, or has violated provisions of the law, the program administrator may discontinue benefits or exclude the household from future participation in WPA. (b) The applicant or client who receives an adverse decision under any provision in this section may seek review of the adverse decision in accordance with procedures in 02.42A.06.09. #### 02.42A.06.08 Waivers 8.1 Waivers The program administrator may waive any WPA eligibility requirement upon a finding of financial or other hardship. 8.2 Waiver Procedures All waivers must be requested by the case worker in writing to the program administrator. The waiver must clearly state the eligibility requirement for which the waiver is being requested and the hardship created if the benefit were denied. #### 02.42A.06.09 Adverse Action 9.1 Notice to Recipients of Adverse Action (a) The case worker must notify an applicant or client in writing of an adverse action. (b) An adverse action includes: (1) denial of an initial application; (2) denial of recertification of benefits; (3) a decision that the applicant or client failed to provide documentation requested in recertification; (4) a decision to suspend, reduce, or discontinue assistance; (5) a decision to seek to recover an overpayment ; or (6) a decision that the program intends to take any adverse action listed in 02.42A.06.07 of this regulation. (c) An adverse action does not include: (1) a reduction in benefits due to a change in type of care or change in the age of the child; or (2) a reduction or termination of benefits due to a change in county regulation. (d) The notice of adverse action must include: (1) the decision, reasons for the decision, and regulations supporting the decision; (2) the right to request an in-person or telephone case review; (3) the method by which a case review may be requested; (4) the right to be assisted by legal counsel, a relative, friend, or other individual; (5) the right to appeal an unfavorable decision of a case review by requesting an administrative review hearing; (6) the right, upon request, to have an interpreter present in any in-person case review or administrative review hearing; and (7) the waiver of the right to an administrative review hearing if a case review is not timely requested. 9.2 Appeal Rights (a) An applicant or client has 30 calendar days from the date of the case worker’s notice of adverse action to request a case review of the decision. Such a request may be made in writing, in person, or by telephone, fax or electronic mail to either the case worker or the supervisor. (b) Except for denial of an initial application, the client may continue to receive benefits if the request for an appeal is received within 15 calendar days from the date of the notice of adverse action. If the request for an appeal is received after 15 calendar days, benefits will not continue during the appeal process. (c) A case review consists of an in-person meeting or telephone conversation between the applicant or client and the supervisor. The supervisor must review the oral and documentary information pertinent to the application, and must explain the basis for the proposed adverse action. The applicant or client must be provided the opportunity to present reasons and explanations for why the adverse action is not warranted. (d) Within 15 calendar days of the case review, the supervisor must send the applicant or client a notice of the decision from the case review. The notice must state the basis for the decision. If the decision is adverse to the applicant or client, the notice must state that the applicant or client has the right to appeal the decision by requesting an administrative review hearing. The supervisor must include a copy of the form for appealing the decision with the notice. (e) WPA must, upon request, assist an applicant or client with requesting a case review and provide an interpreter to assist the applicant or client with requesting a case review and attend or participate in the case review. #### 02.42A.06.10 Administrative Review Hearing 10.1 Appeals by the Applicant or Client (a) An applicant or client who requests a case review in a timely manner may appeal an adverse case review decision by submitting a written request by mail, fax or electronic mail for an administrative review hearing with the director within 15 calendar days of the date of the notice of the adverse case review decision. Such a request must be on the form provided with the notice of the adverse case review decision. (b) WPA must, upon request, assist an applicant or client with requesting an administrative review hearing or provide an interpreter to assist the applicant or client with requesting an administrative review hearing and attend the administrative review hearing. 10.2 Conduct of the Administrative Review Hearing The director will conduct the administrative review hearing. During the administrative review hearing, the director must review the decision of the WPA supervisor, the relevant WPA file, and the record of the case review. The director must also hear and consider materials presented and arguments made by the appellant as to why the decision of the supervisor is in error and should be reversed. The director must conduct the hearing in a fair, even-handed manner, giving the appellant an adequate opportunity to fully present the appellant’s case, with due regard for the appellant’s education, experience and communication skills. #### 02.42A.06.11 Implementation of Adverse Action Against Applicants or Clients 11.1 Except as provided in Sections 3.1(e) and 3.2(d) of this regulation, no adverse action will be taken against an applicant or client until the expiration of the following periods, to the extent applicable: (a) the period for requesting a case review; (b) the appeal period following an adverse decision in a case review; or (c) issuance of the decision in an administrative review hearing. 11.2 Except as provided in 02.42A.06.07 of this regulation, a client will incur no repayment liability until, as applicable, the later of the date of: (a) the notice of the decision in the case review; or (b) the decision in the administrative review hearing. #### 02.42A.06.12 Legal Challenge If an applicant or client is aggrieved by a final decision of the department in an administrative review hearing, that applicant or client may file an original complaint in the Circuit Court for Montgomery County, Maryland. ### COMCOR 02.42A.07 Requirements for the Supportive Housing Rental Assistance Program #### 02.42A.07.01 Definitions 1.1 Definitions Unless more specifically defined, the following words have the meanings stated: A. Applicant means a person who applies for the Program, but is not yet a recipient of benefit payments. B. Adjusted monthly income means the combined monthly gross income of all of the members of the household, less allowable deductions as defined in 02.42A.07.01, 1.1 (M).* C. Asset means all accumulated personal wealth, property or interest in property, over which a person has the authority or power to liquidate an interest. 1. An asset includes, but is not limited to: a. cash; b. time or demand deposits in a financial institution such as checking accounts, savings accounts, certificates of deposit, or money market funds; c. stock; d. bonds; e. shares in a mutual fund; f. trusts; or g. real estate. 2. An asset does not include: a. furniture and furnishings used in the rental unit; b. clothing; or c. one automobile for each member of the household who is a licensed driver. D. Benefit payment means the monthly payment made by the Department to the landlord for a recipient’s contract rent. E. Co-occurring disability means the simultaneous existence of chronic substance abuse and a mental disorder. F. Continuum of Care is a regional or local planning body that coordinates housing and services funding for homeless families and individuals. G. Coordinated Entry System is a client-centered process required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 that streamlines access to housing interventions for each individual or family experiencing homelessness. Within a Coordinated Entry System persons are prioritized for housing based on vulnerability using a data-driven, real time process. H. Contract rent means the monthly rent agreed to by a written lease agreement between the applicant household and the landlord, regardless of any furnishings, fees, meals, or services. I. Department means the Montgomery County Department of Health and Human Services. J. Director means the Director of the Montgomery County Department of Health and Human Services or the Director’s designee. K. Developmental disability means a severe chronic disability of an individual that: 1. Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or attributable to a combination of mental and physical impairments; 2. Is likely to continue indefinitely; 3. Is manifested in an individual before the age of 22; 4. Results in an inability to live independently without external support or continuing and regular assistance; and 5. Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual. L. Elderly means a person at least 62 years old. M. Fair Market Rent means the rent, including the cost of utilities (except telephone), as most recently published by the United States Department of Housing and Urban Development, for units of varying sizes (by number of bedrooms) that must be paid in the Washington Metropolitan Area housing market to rent privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. N. Gross income means total household income, taxable and nontaxable, from all sources, whether or not reported on a federal or state income tax return. 1. Gross income includes, but is not limited to: a. wages and tips received as compensation for employment or services rendered, before taxes and other deductions; b. interest and dividends from all financial accounts; c. benefits under the Social Security Act or the Railroad Retirement Act; d. bequests and inheritances; e. child or spousal support payments; f. recurring monetary gifts and loans (excluding student loans) made to the household by other persons not living in the household to assist with rent or other living expenses; g. strike benefits where there is no employee contribution; h. Temporary Cash Assistance (TCA), Refugee Assistance, and Temporary Disability Assistance Program (TDAP) benefits; i. pensions and annuity benefits, including veterans, railroad and mine worker benefits; j. unemployment compensation benefits; k. trust fund disbursements; l. capital gains; m. net profits from business and property rentals; n. worker’s compensation benefits; o. stipends for educational or research fellowships for living expenses, excluding that portion that covers tuition and required fees; p. foster care benefits; and q. net income from self-employment. 2. Gross income does not include: a. losses from businesses, rental, or capital transactions; b. third-party payments made by someone outside of the household for living expenses; c. payments given directly to a service provider for which the applicant has no discretion over the use of the funds; d. employment income of household members under 18 years old, unless emancipated; e. employment income of full-time students 18 years of age or older, unless that person is the applicant, or the spouse of the applicant. f. student financial assistance in the form of grants, loans or work study aid provided under the Higher Education Act, under a State program, or by an institution of higher education and including Pell Grants, Supplemental Educational Opportunity Grants, Federal Family Education Loans, Ford Direct Loans, Perkins Loans, State Student Incentive Grant, College Work Study, Civic and Fraternal Scholarships, Private Company Scholarships; g. Medicare payments deducted from Social Security benefits; and h. Nazi Restitution payments to victims of Nazi persecution. 3. A deduction from monthly household gross income may be granted by the Department when determining eligibility for the Program, if documentation is provided by the applicant that demonstrates the household makes regular out-of-pocket payments for any of the following: a. child care expenses up to the Montgomery County average cost of child care, by type of care, as determined by the Montgomery County Working Parents Assistance Program; b. medical expenses for doctor and dental fees, prescription drugs and prescribed medical procedures that are not reimbursed by insurance or other sources; c. over-the-counter medical products, if ordered by a doctor to treat an ongoing medical condition; or d. medical insurance premiums. O. Homeless means individuals and families who are defined consistent with the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 as individuals, adults and children who lack a fixed, regular, and adequate nighttime residence. This includes individuals and families who: 1. Are sleeping in a place not designed or ordinarily used as a regular sleeping accommodation including a car, park, abandoned building, bus or train station, airport, or camping ground; 2. Live in emergency or transitional shelter (including congregate shelters, transitional housing, as well as hotels/motels and community placements paid for with public funds to prevent homelessness). 3. Are exiting an institution where the person has resided for 90 days or less and was homeless prior to entering the institution. P. Household means a single individual or two or more persons, whether or not related, who live together in a rental unit. Q. Housing Locator means the person from the Department, or an agency contracted by the Department, who is designated to assist an applicant approved to receive program benefits with identifying and locating rental housing in Montgomery County. R. Legal resident means a person who is either a citizen of the United States or a person who is a non-citizen who has been granted eligible immigration status in the United States by the United States Citizenship and Immigration Services. S. Mental disorder means a behavioral or emotional illness that results from a psychiatric or neurological disorder. A mental disorder also includes a mental illness that substantially impairs the mental or emotional functioning of an individual and makes care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another. Mental disorder does not include a developmental disability. T. Mixed household means any household that includes persons who are legal residents and persons who are not legal residents. U. Program means the Housing Initiative Program. V. Recipient means a person who currently receives a benefit payment. An applicant becomes a recipient on the effective date of the first benefit payment to the landlord. A recipient includes a person who reapplies for Program eligibility before the end of a current eligibility period. W. Relative means a parent, step-parent, grandparent, child, step-child, sibling, father-in-law, mother-in-law, son-in-law, daughter-in-law or spouse. X. Rental unit means a unit in Montgomery County that is licensed in accordance with Chapter 29 of the Montgomery County Code. 1. A rental unit cannot be occupied by more than one household and includes, but is not limited to: a. a detached or attached single family home or town home; b. an apartment in a multi-family facility; c. a condominium or cooperative unit in a multi-family facility; d. a rental mobile home in a licensed mobile home park; or a rented mobile home pad on which the applicant has placed a mobile home in a licensed mobile home park; e. a room or group of rooms in an attached or detached single family home or town home, apartment condominium or cooperative; f. a personal living quarters; or g. an accessory apartment. 2. A rental unit owned by a relative of any member of the applicant household is eligible only if the Department determines that approving the rental unit would provide reasonable accommodation for the recipient or for a household member. Y. Service coordinator means the person from the Department, or an agency contracted by the Department, designated to provide on-going outreach to a recipient to engage them in services and ensure residential stability. Z. Service provider agency means the Montgomery County public or private agency that refers an applicant to the Program. AA. Special populations means: 1. a person with a sensory, cognitive or mobility impairment; 2. a person with a developmental disability; 3. a person with a chronic mental disorder; 4. a person with a co-occurring disability; 5. a person with chronic substance abuse; 6. a person who is elderly and in need of independent or supportive housing; 7. a person who is homeless; or 8. a youth transitioning from systems of public custodial care such as foster care and juvenile justice. BB. Substance abuse means a disease which is characterized by the pathological use of a drug or alcohol with repeated attempts to control the use, and with significant negative consequences in at least one of the following areas of life: medical, legal, financial, or psychosocial. CC. Suitably sized unit means the standard for the appropriate number of bedrooms needed for households of different sizes and compositions as most recently publishing by the Montgomery County Housing Opportunities Commission for the Housing Choice Voucher Program. DD. Tenant rent responsibility means the monthly amount owed by the recipient household to the landlord. The tenant rent will be equal to 30% of the recipient household’s gross adjusted monthly income, less any monthly utility allowance. #### 02.42A.07.02 Eligibility 2.1 General Applicant Requirements A. Applicant must be referred to the Department through the Coordinated Entry System operated by the Continuum of Care. B. Applicant must be included in at least one of the special populations as defined in 02.42A.07.01, 1.1 (Z)* of this regulation. C. Applicant must be a legal resident of the United States. D. Applicant must be a resident of Montgomery County. E. Applicant must be at least 18 years old and must plan to reside at the eligible rental unit for which the benefit payment is being paid. F. Applicant, or any household member, must not have been previously excluded by the Director from participation in the Program. G. Applicant, and all household members 18 years of age or older, must agree to undergo a criminal background check and be screened through the National Sex Offender Registry. H. Applicants may be excluded from the Program if they or any member of the household has been convicted of criminal activity that would adversely affect the health, safety or wellbeing of other persons. 2.2 Income Requirement The combined gross adjusted monthly income of all of the members of the applicant household on the date the application is approved must not exceed thirty (30) percent of the area median income for a household of comparable size as most recently published by the United States Department of Housing and Urban Development. 2.3 Rent Cost Limitation The contract rent for the eligible rental unit occupied by the household must not exceed 120 percent of the average cost for a suitably sized unit. The average Montgomery County rental costs must be determined periodically by the Department as most recently published by the Montgomery County Department of Housing and Community Affairs. 2.4 Lease Requirements A. Each household must have a written rental lease agreement, executed by the landlord and the household, that complies with the provisions of Montgomery County Code, Chapter 29, Landlord-Tenant Relations. If the household is subletting a rental unit, then the primary lessee must have a written agreement with the property owner permitting the primary lessee to sublet. If a recipient remains in a rental property after the initial lease expires as a month-to-month tenant, the recipient must provide the Department with written verification signed by the landlord of the status of their rental agreement and the amount of the current monthly rent. B. Single persons residing together must have individual leases with the property owners or primary lessee in order to be considered as separate households for the purposes of determining Program eligibility. Otherwise, all persons must be considered as one household and must meet all eligibility criteria. 2.5 Service Agreement Requirements A. All Program benefit payment recipients must have a written service agreement signed by the service coordinator and the recipient. Household members who are 18 years of age or older may also be required to sign an individual service agreement, or be a party to the recipient’s service agreement, as determined appropriate by the service coordinator. B. The service agreement must include, at a minimum: 1. a detailed description of the tasks and responsibilities of the recipient and the service coordinator to maintain housing; 2. requirements for Program participation, such as eligibility criteria, benefit payment limits, reapplication requirements, grievance procedures and termination policies; and 3. requirement that benefit payment recipients must apply, when available, to receive Housing and Urban Development Housing Choice Voucher or Public Housing benefits and may not continue to receive Program benefit payments if approved to receive an equivalent rental assistance subsidy from another local, state or federal housing subsidy program. The benefit recipient may remain eligible to receive supportive services provided by the service coordinator. 2.6 Asset Limits The value of the assets of all of the members of the household must not exceed $10,000. #### 02.42A.07.03Application, Priority, Reapplicationand Moves 3.1 Application Procedure A. Applications will be accepted by the Department only when appropriated Program funds are available. The Department will establish the time period of application acceptance in accordance with funding availability and notify service provider agencies in writing of the application acceptance dates. B. In order to be considered for the Program, the referring service provider agency, together with the applicant, must submit an application on a form provided by the Department, which is signed by both the applicant and the service provider agency. Supporting documentation and information verifying household income and assets must be submitted with the application and the applicant must certify in writing on the application, or on an accompanying form, that all information reported on the application form is accurate and true. C. The applicant, and all members of the household 18 years of age or older, must sign a release of information form permitting the Department to perform a criminal background check and screening through the National Sex Offender Registry. D. The applicant, and the referring service provider agency, must submit any information determined by the Department as necessary to verify that all Program eligibility criteria have been met. At a minimum, the following documentation must be submitted for each household member as determined to be applicable by the Department: 1. A copy of the most recent Federal tax return, including a copy of all income and interest statements. 2. Financial statements documenting assets and indicating interest or dividends earned and principal account balances. 3. Documentation of wages, tips and other income for at least 30 days preceding the date of application. 4. Any other information required by the Department to determine if all standards of eligibility have been met. E. The applicant must submit one of the following for each household member, as determined applicable by the Department, to prove eligible immigration status: 1. resident alien card; 2. resident alien receipt card; 3. arrival/departure record; 4. temporary resident card; 5. employment authorization card; or 6. receipt issued by the United States Citizenship and Immigration Services for the replacement of documentation to provide eligible immigration status. 3.2 Application Review Within 30 calendar days after receipt of the signed application and all documentation requested by the Department, the Department must approve or deny each application and send written notification to the applicant and the referring service provider agency of the application status. 3.3 Applicant Priority A. Each applicant will be prioritized for housing by the Coordinated Entry System and referred to the Housing Initiative Program as an openings occur in the program. B. Applicants who have applied for or who are on a federal, state or other local housing program waiting list, may not be: 1. refused placement; or 2. given a lower priority than they are otherwise qualified to receive. 3.4 Approval A. The Department will notify the applicant and the referring service provider agency in writing when the applicant is approved to receive program benefits. The Department will assign a Housing Locator and Service Coordinator who will work with the applicant to identify an appropriate rental unit and assist the applicant through the leasing process. The service coordinator will engage the applicant in services as appropriate and execute a written service agreement as outlined in 02.42A.07.02, 2.5, of this regulation. B. The applicant’s approval for program benefits will be rescinded if the applicant fails to identify an appropriate housing option within 120 calendar days of program acceptance. Prior to rescinding benefits, the program will assess the barriers contributing to inability to identify housing and may grant the applicant an extension not to exceed 60 days prior to terminating benefits. C. When a rental unit is found, the housing locator or service coordinator, together with the applicant, must submit a request for approval of the rental unit to the Department. The Department will review the rental unit request to ensure that the rental unit: 1. conforms to the definition of a rental unit as defined in 02.42A.07.01, 1.1.W.,* of this regulation; 2. meets the suitably sized unit standard for the appropriate number of bedrooms needed for the household size; 3. conforms to the rent cost limitation as outlined in 02.42A.07.02, 2.3, of this regulation; and 4. conforms to the lease requirements as outlined in 02.42A.07.02, 2.4, of this regulation. D. Upon approval of the rental unit by the Department, a copy of the executed lease agreement must be submitted to the Department. The Department will determine the amount of the benefit payment in accordance with 02.42A.07.04 of these regulations. E. The household may lease an eligible rental unit with fewer bedrooms than the suitably sized unit standard for their household size; however the eligible rental unit must meet all other applicable space requirements. F. The household may not lease an eligible rental unit with more bedrooms than the household size standard. G. An approved applicant must occupy the approved rental unit as of the date that the benefit payment will commence. H. An applicant’s benefit payment approval period will be for a maximum of 24 consecutive months. Benefit payments may be renewed by the Department upon reapplication by the recipient before the end of each benefit payment eligibility period. I. Benefit payment recipients must apply, when available, to receive Housing and Urban Development Housing Choice Voucher or Public Housing benefits. Recipients of Program benefit payments may not continue to receive Program benefit payments if approved to receive an equivalent rental assistance subsidy from another local, state or federal housing subsidy program. The recipient may remain eligible for service coordination services provided by the Program. 3.5 Moves A. If a recipient intends to move from their approved rental unit, the recipient, together with the service coordinator, must submit a written request to the Department for approval of the new rental unit at least 30 days prior to the requested move date. If the move is voluntary, the written request must be submitted at least 30 days prior to the date the recipient is required to provide notice of intent to vacate in accordance with the lease terms. B. The Department will review the request to determine if the new rental unit conforms to the standards as outlined in 02.42A.07.03, 3.4, of this regulation. C. If the recipient move is voluntary, the Department will not be responsible for payment of any costs resulting from the recipient’s move, including but not limited to penalties for early lease termination, moving costs, damages, or security deposits for the new rental unit. 3.6 Reapplication A. The service coordinator, together with the recipient, must reapply for benefit payments before the expiration of the recipient’s benefit payment eligibility period in accordance with deadlines and procedures established by the Department. B. A recipient may not continue to receive benefit payments after the expiration of a benefit payment period unless the service coordinator, together with the recipient, reapplies for benefit payments during the eligibility period and the recipient household continues to meet the eligibility criteria then in effect. C. A recipient’s service coordinator must report to the Department within 30 days when any one of the following occurs; 1. number of household members increases or decreases; 2. amount of contract rent increases or decreases; or 3. household gross income changes by 10 percent or more. D. A recipient’s service coordinator must report to the Department immediately when any one of the following occurs: 1. rental unit lease is terminated; 2. household moves from the rental unit; 3. recipient receives a notice of eviction; or 4 recipient is away from the rental unit for more than 60 consecutive calendar days. 3.7 Application Denial A. Applications must be denied based on a determination by the Department that the applicant does not meet one or more eligibility criteria as outlined in this regulation or has failed to provide adequate information or documentation with respect to one or more eligibility criteria. B. An applicant who is denied benefit payments and the referring service provider agency must be notified in writing by the Department of the denial and the reason for the denial within 30 calendar days after receipt of the signed application and all documentation requested by the Department. C. The written notice of denial must include: 1. the decision, the reasons for the decision, and regulations supporting the decision; 2. the right to request an informal case review; 3. the method by which a case review may be requested; 4. the right to be assisted by legal counsel, a relative, a friend, or other individual; 5. the right to appeal an unfavorable decision of a case review by requesting an administrative review hearing; 6. the right, upon request, to have an interpreter present in a case review and in an administrative review hearing; and 7. the waiver of the right to an administrative review hearing if a case review is not timely requested. 3.8 Applicant Case Review A. An applicant has 30 calendar days from the date of the Department’s notice of denial to request a case review. The applicant may make the request to the Department in writing, in person, or by electronic mail or fax simile. B. A case review will consist of a review by the Program administrator of the oral and documentary information pertinent to the application and any information provided by the applicant relating to the denial of the application. C. Within 15 calendar days of the case review, the Department must send the applicant and the service provider agency a notice of the decision from the case review. The notice must state the basis for the decision. If the decision is adverse to the applicant, the notice must state that the applicant has the right to appeal the decision by requesting an administrative review hearing. The Department must include a copy of the form for appealing the decision with the notice. D. The Department must, upon request, assist an applicant with requesting a case review or an administrative review hearing and provide an interpreter to assist an applicant with requesting a case review or an administrative review hearing. #### 02.42A.07.04 Benefit Payment 4.1 Tenant Rent A. The recipient will be responsible for paying the landlord an amount determined by the Department that is equal to 30% of the household gross adjusted monthly income. B. If the recipient is responsible for payment of utilities separate from rent, a utility allowance will be deducted from the tenant rent responsibility. The amount of the utility allowance will be based on the same standard used to determine utility allowances for the Housing Choice Voucher Program as most recently published by the United States Department of Housing and Urban Development. C. If the utility allowance deduction is greater than the total tenant rent responsibility, the negative balance will be paid by the Department to the recipient to assist with the payment of monthly utility costs. 4.2 Benefit Payment Calculation A. The benefit payment to the landlord by the Department will be the difference between the contract rent and the tenant rent responsibility. B. Mixed Households will receive a prorated benefit payment reduced by the percentage of household members who are not legal residents. 4.3 Benefit Payment Limits A. Only one household per eligible rental unit may receive benefit payments. B. A recipient, or any household member, cannot receive any federal, state or local housing program subsidy in addition to a Program benefit payment. 4.4 Benefit Payment A. Benefit payments may only be paid to the landlord on behalf of a recipient during the lease term. B. The first benefit payment will be made in the month the lease term date begins and will be prorated for the first month from the date the lease term commences until the end of that month. Benefit payments will be paid monthly thereafter through the end of the month that the recipient household moves out of the rental unit or until such time as the Department determines the recipient is no longer eligible for benefit payments. C. If the landlord has commenced the process to evict the recipient household, and if the recipient household continues to reside in the rental unit, the Department will continue to make benefit payments to the landlord until the rental unit is vacant or the Department determines that the recipient is no longer eligible for benefit payments. D. When a recipient household moves out of the rental unit, or the recipient household’s benefit payment is terminated, the Department will not make a benefit payment to the landlord after the month the household moves out. The landlord may retain the benefit payment for the month the household moves out of the rental unit regardless of the date of the month the household vacates the rental unit. E. If a recipient household’s service provider agency is the leaseholder of the unit in which the receipient household resides and the service provider agency remains liable for rent costs until the end of the recipient household’s lease term, the County will reimburse the service provider agency for rent cost for that recipient household for the month after the recipient household moves out of the rental unit or the month after the recipient household’s benefit payment is terminated. F. If a recipient household voluntarily moves from a rental unit before the expiration of the recipient household’s lease term, the County will not reimburse the landlord for any costs to the landlord that result from early termination of the lease except when the landlord is the recipient household’s service provider agency as outlined in 02.42A.07.04, 4.1.E, of this regulation. 4.5 Payment Upon Institutionalization or Upon Death A. If a recipient dies or becomes institutionalized, and is a member of a household with additional persons over 18 years old, benefit payments may be paid by the Department on behalf of the adult household member until the expiration of the current eligibility period, or as long as all of the remaining household members continue to reside in the unit, whichever comes first. B. If a recipient is a one person household and becomes instituionalized for more than 90 consecutive days, the Department will terminate benefit payments. Upon discharge, the recipient may regain eligibility pursuant to meeting eligibility criteria outlined in 02.42A.07.02, 2.1, of this regulation and the availability of resources. 4.6 Availability of Benefit Payments Benefit payments are subject to the availability of Program funds appropriated and any limitations set by the County Executive on the number of Program recipients. #### 02.42A.07.05 Discontinuation of Benefit Payments and Program Participation Termination 5.1 The Department may discontinue benefit payments or terminate the recipient from participation in the Program under the following circumstances. A. The Department may immediately discontinue benefit payments when any one of the following occurs: 1. recipient notifies the Department that assistance is no longer required; or 2. Department is notified that recipient is no longer residing in the eligible rental unit, except when the recipient is temporarily absent from the rental unit because of institutionalization. B. The Department may discontinue benefit payments and terminate the recipient from Program participation when any one of the following occurs: 1. household no longer meets all eligibility requirements; 2. recipient or any household member fails to provide information required to determine continued eligibility recertification; 3. recipient fails to reapply for Program benefit payments before the end of their current eligibility period; 4. recipient household is evicted from the rental unit; 5. lease is terminated by the landlord or the recipient household; or 6. recipient or any member of the household violates the terms of their service agreement. 7. households recertifying their eligibility will not be terminated for exceeding the income limitations as outlined in 02.42A.07.02, 2.2, of this regulation until the total household income exceeds 50% of area median income for a household of comparable size as most recently published by the United States Department of Housing and Urban Development. C. The Department may discontinue benefit payments, terminate the recipient from the Program, and exclude the recipient from future Program participation for any one of the following reasons: 1. recipient, or any household member, has improperly obtained benefit payments or improperly used benefit payments; 2. recipient, or any household member, is convicted of criminal activity that would adversely affect the health, safety or wellbeing of other persons. D. If the recipient or any household member is the victim of domestic violence, dating violence or stalking, the Department may not discontinue benefit payments or terminate Program participation because of the violence committed against them. 5.2 A recipient who receives an adverse decision under any provision in this section may seek a review of the adverse decision in accordance with the procedures specified in this regulation. #### 02.42A.07.06 Waiver Authority 6.1 Waivers The Director may waive any Program requirement upon a finding of good cause. 6.2 Waiver Procedures All waivers must be requested in writing and must clearly state the requirement for which the waiver is being requested. Upon finding of good cause, the Director may grant a waiver, which must be in writing, and must clearly state the reason the requirement is being waived. #### 02.42A.07.07 Penalties 7.1 Falsification of Information Any person who knowingly makes or helps another person to make a false or misleading statement in order to obtain benefit payments: A. upon conviction shall be guilty of a Class A violation; B. may be required to repay the County any Program benefit payment improperly paid in reliance on the false or misleading statement; and C. may be required to pay the County interest on the total amount improperly paid at the rate of one percent per month on the outstanding balance owed until the total benefit payments improperly paid is repaid. #### 02.42A.07.08 Right of Recipient to In-Person Case Review 8.1 Notice to Recipient of Adverse Action A. The Department must notify a recipient in writing of an adverse action and provide a copy to the service coordinator. An adverse action includes a denial of a reapplication for Program benefit payments, a decision that the recipient failed to provide documentation requested in a reapplication, a decision to suspend, discontinue, reduce, or terminate assistance, a decision to seek to recover an overpayment or over issuance of benefit payments, or a decision that the Program intends to take any adverse action listed in this regulation. B. The notice of adverse action must include: 1. the decision, reasons for the decision, and regulations supporting the decision; 2. the right to request an in-person case review; 3. the method by which an in-person case review may be requested; 4. the right to be assisted by legal counsel, a relative, a friend, or other individual; 5. the right to appeal an unfavorable decision of an in-person case review by requesting an administrative review hearing; 6. the right, upon request, to have an interpreter present in any in-person case review or administrative review hearing; and 7. the waiver of the right to an administrative review hearing if a case review is not timely requested. 8.2 In-Person Case Reviews A. A recipient has 30 calendar days from the date of the Department’s notice of adverse action to request an in-person case review. Such request must be made in writing or in person to the Program administrator. The Department must, upon request, assist a recipient with requesting an in-person case review and provide an interpreter to assist the recipient with requesting an in-person case review, and attend the in-person case review. B. An in-person case review, consists of an informal in-person meeting of the recipient with the Program administrator. The Program administrator must review the oral and documentary information pertinent to the application, and must explain the basis for the proposed adverse action. The recipient must be provided the opportunity to present his or her reasons and explanation for why the adverse action is not warranted. C. Within 15 calendar days of the in-person case review, the Program administrator must send the recipient a notice of the decision from the in-person case review. The notice must state the basis for the decision. If the decision is adverse to the recipient, the notice must state that the recipient has the right to appeal the decision by requesting an administrative review hearing. The Program administrator must include a copy of the form for appealing the decision with the notice. #### 02.42A.07.09 Administrative Review Hearing 9.1 Appeals by Applicants and Recipients A. An applicant, or recipient, who requested a case review in a timely manner, may appeal an adverse case review decision by filing a written request for an administrative review hearing with the Department within 30 calendar days of the date of the notice of the adverse case review decision. Such request must be on a form provided by the Department with the notice of the adverse case review decision. B. The Department must, upon request, assist an applicant or a recipient with requesting an administrative review hearing or provide an interpreter to assist the applicant or recipient with requesting an administrative review hearing, and attend the administrative review hearing. 9.2 Conduct of the Administrative Review Hearing The Director will conduct the administrative review hearing. During the administrative review hearing, the Director must review the decision of the Program administrator, the relevant Program file, and the record of the case review. The Director must also hear and consider materials presented and arguments made by the appellant as to why the decision of the Program administrator is in error and should be reversed. The Director must conduct the hearing in a fair, even-handed manner, giving the appellant an adequate opportunity to fully present the appellant’s case, with due regard for the appellant’s education, experience and communication skills. #### 02.42A.07.10 Implementation of an Adverse Action Against Recipients 10.1 Except as provided in 01.42A.05, 5.1, A of this regulation, no adverse action must be taken against a recipient until the expiration of the following periods, to the extent applicable: A. the period for requesting an in-person case review; B. the appeal period following an adverse decision in an in-person case review; or C. issuance of the decision in an administrative review hearing. 10.2 Except as provided in 02.42A.07.07 of this regulation, a recipient will incur no repayment liability until, as applicable, the dater of the date of: A. the notice of the decision in the in-person case review; or B. the decision in the administrative review hearing. #### 02.42A.07.11 Legal Challenge 11.1 If an applicant or recipient is aggrieved by a final decision of the Department in an administrative review hearing, that applicant, or recipient, may file an original compliant in the Circuit Court for Montgomery County, Maryland. #### 02.42A.07.12 Effective Date 12.1 This regulation takes effect immediately upon the adoption of a resolution of approval by the County Council. ### COMCOR 02.58E.01 Telecommunications Transmission Facilities Coordination Requirements #### 02.58E.01.01 Authority. This Executive Regulation is authorized by Montgomery County Code 1994, as amended, Section 2-58E, "Telecommunications facility coordination" and applies to all telecommunications transmission facilities (TTFs) as defined herein. #### 02.58E.01.02 Administration. a. Delegation of Authority. Code Section 2-58E directs the Director of the Department of Technology Services to establish a procedure for the review of siting and modification applications. In furtherance of that procedure, the Director must maintain a record of the location of all TTFs within the County and ensure the appropriate and efficient placement of the facilities. b. Submission of Applications. All applications pertaining to the siting or modification of a telecommunications transmission facility by certain government agencies and private parties must be coordinated by this procedure. c. Application Review Period. All applications must be reviewed in an efficient and timely manner, with the objective of final disposition occurring within 60 days after the date a complete application has been submitted to the Tower Coordinator. The applicant must be advised of the reason for any delay beyond this period. d. Meetings. All required meetings must be scheduled so as to meet the 60-day time frame goal for completing the review of an application. e. Reporting. As appropriate, the Director must report to the County Executive and the Council regarding matters pertaining to this procedure. f. Database Administration. As part of the coordination process, a database must be maintained for all telecommunications transmission facilities located in the County, including any that the Director knows are proposed to be located in the County. g. Fee. Applicants must pay the following fees: Charge Categories 1) Annual fee - Fee to be paid when the annual plan is submitted. The annual fee is charged for updating and maintaining the database, oversight, and the review of the annual plan. 2) Minor Modification - The application fee for any of the following minor modifications that require a building permit: i. a modification of existing antennas at a single site; or ii. the addition of antennas at a single existing site; or iii. a change or addition of equipment at a single existing site. 3) Multiple Modifications - The application fee for any of the following multiple modifications that require a building permit: i. a modification of antennas at two or more sites; or ii. the addition of antennas at two or more existing sites; or iii. a change or addition of equipment at two or more existing sites. 4) Co-location on existing structure - The application fee for the use of an existing structure to support new antennas permitted by right under the zoning ordinance. 5) New support structure, permitted use - The application fee for the construction of a new antenna support structure that is permitted by right under the zoning ordinance. 6) New support structure, special exception or mandatory referral - The application fee for the construction of a new antenna support structure that must be authorized as a special exception or reviewed by the Maryland-National Capital Park and Planning Commission. All fees must be submitted to the Office of Cable Communications, 100 Maryland Ave., Suite #250, Rockville, MD 20850, prior to submitting the application or annual plans. #### 02.58E.01.03 Definitions. The words or phrases described below have the following meanings as used in this Regulation: a. Land-owning Agency. Land-owning Agency means any government agency which owns or controls any land on which a telecommunications transmission facility is located or proposed to be located. b. Land Use Agency. Land Use Agency means the Planning Board, the County Board of Appeals, the Department of Permitting Services and any other public agency or body with jurisdiction over the siting of any telecommunications transmission facility, including any municipal land use agency or body. c. Telecommunications Transmission Facility. Telecommunications Transmission Facility means any antenna, tower, monopole, or other structure used primarily to receive or transmit wireless voice, data, or image information (or any combination of them). d. Telecommunications Transmission Facility Coordinating Group. The TTFCG is that body convened by the Director as prescribed in Section 2-58E(d) of the Montgomery County Code 1994, as amended, to review, comment and facilitate communications between member agencies on telecommunications transmission facility policy and siting issues. e. Tower Coordinator. The Tower Coordinator is the Director's designee or contractor who administers Section 2-58E of the Montgomery County Code. #### 02.58E.01.04 Application Submission. a. An application for siting of a telecommunications transmission facility must meet the following requirements: 1. An application must be submitted to the Tower Coordinator. 2. Three copies of each application must be submitted. 3. Each application must be complete and filed on a form in accordance with Section 9* of this regulation. Incomplete applications will not be processed. 4. Proprietary information submitted with an application must be clearly marked as being confidential. Applicants should minimize, to the extent possible, the use of confidential data in order to facilitate rapid governmental interagency coordination. 5. An application for a new tower or monopole must include the following: RF propagation maps; a photograph of a balloon test at the proposed site that shows the approximate top of the tower, if available; a Federal Aviation Administration application or certification, if available; an explanation as to why the site was selected; an identification of any sites that were rejected; and an explanation as to why any sites were rejected. b. For each submitted application, the Tower Coordinator must: 1. Stamp the date and time of receipt on all copies of each application and register the application in the Wireless Communications Site Applications database and/or logbook. 2. Assign each application an application number yyyymm-nnn, herein called the Wireless Communications Site application number, where "yyyy" represents the year, "mm" represents the month, and "nnn" represents the sequence 001, 002, 003 , etc. for the first three applications submitted during the year "yyyy" and the month "mm." 3. Distribute copies to the appropriate agencies and return one copy to the applicant upon final disposition of the siting request. #### 02.58E.01.05 Application Review. a. The Tower Coordinator must: 1. Coordinate and schedule the Telecommunications Transmission Facility Coordinating Group (TTFCG - the "Group"), as required, to facilitate the review and recommendation for each application. 2. Develop a siting recommendation to the Group based on: (a) zoning standards for siting a telecommunications transmission facility; (b) effect of the telecommunications transmission facility on the land owning agency; (c) existing and future public safety telecommunications transmission facilities and plans; (d) co-location options; and (e) potential impacts on the surrounding area. 3. Review the recommendation with the applicant: (a) for site suitability and co-location options; and (b) for coordination with other County agencies. b. The land-owning agency must: 1. Review the site application in accordance with the agency's siting standards and policy. 2. Receive and evaluate public input as part of the agency's decision process. 3. Submit input concerning the application at the scheduled Group meeting via, its Group designee. 4. Maintain a record of all telecommunications transmission facility siting leases that affect the agency. c. The land use agency must: 1. Submit the Telecommunications Transmission Facility Coordinating Group recommendation for inclusion in the record of proceedings of any telecommunications transmission facility special exception. 2. Refer to the Tower Coordinator any building permit or special exception application submitted directly to the agency. d. The Telecommunications Transmission Facility applicant must: 1. Submit a telecommunications transmission facility location plan in accordance with Section 2-58E of the Montgomery County Code and Attachment 2 of this regulation. 2. Update the plan each year. #### 02.58E.01.06 Telecommunications Transmission Facility Coordinating Group Review. a. The Tower Coordinator must coordinate and assist the Group Chair in scheduling the meetings of the Telecommunications Transmission Facility Coordinating Group. The applicant must be notified of any meeting at which its application is considered, and be allowed to attend the meeting. b. The Chair or the Chair's designee must conduct the meeting. A written record of actions and recommendations must be maintained by the Tower Coordinator. c. Group review of an application may include: 1. The written recommendation of the Tower Coordinator with database details where appropriate; 2. Any comments of the land-owning agency and land-use agency; 3. Any other relevant information concerning the proposed siting of the telecommunications transmission facility. d. A written review and recommendation must be prepared: 1. One copy must be maintained by the Tower Coordinator in the application file. 2. One copy must be provided to the applicant. 3. One copy must be sent to the County Board of Appeals if a special exception is required. 4. One copy must be sent to the Department of Permitting Services and/or any municipal agency that would issue permits for such use. 5. One copy must be sent to the land owning agency, if appropriate. e. The Group may delegate to the Tower Coordinator any functions necessary to promote the efficiency of the process in accordance with the provisions of the County Code. #### 02.58E.01.07 Leases. a. The recommendations and comments of the Telecommunications Transmission Facility Group must be provided to the relevant land owning agency for use during the negotiation of any lease for placement of a telecommunications transmission facility on land within the control of a land owning agency. b. A form lease must be developed by the Tower Coordinator and be made available for the use of the land owning agencies. c. Any lease must include a provision requiring the removal of the facility by the lessee after the useful life of the facility concludes or upon expiration or termination of the lease, and may include the posting of a bond to guarantee removal. #### 02.58E.01.08 Building Permit. a. A building permit is required for the construction of a telecommunications transmission facility in the County. b. All permit applications must reference the Wireless Communications Site application number, and must include the recommendation of the Telecommunications Transmission Facility Coordinating Group and the approval of the land owning agency, if applicable. c. Building permit approvals may be expedited if copies of standard construction drawings are on file with the permitting agency. d. Upon issuance and release of the building permit, a copy of the permit will be sent to the Tower Coordinator for filing with the application and supporting documentation. A copy of the site plan and construction drawings will be furnished to the Tower Coordinator upon request for use in updating the database. #### 02.58E.01.09 Wireless Siting Application. The Wireless Communications Site Coordination application form is included as Attachment 1 of this regulation. #### 02.58E.01.10 Siting Plan. Attachment 2 of this regulation sets forth the requirements for initial submission and annual update of the applicant's siting plan. #### 02.58E.01.11. Effective Date. This regulation takes effect on March 25, 2003. (ATTACHMENTS FOLLOW) Attachment 1 MONTGOMERY COUNTY, MARYLAND APPLICATION FOR WIRELESS COMMUNICATIONS SITE COORDINATION DATE:___________________ NUMBER: ______________________ (To be filled in by County) Applicant Name: __________________________________________________________________ Address: _________________________________________________________________________ Contact Person and Phone No.: _______________________________________________________ Provide a description of the proposed installation, including the type and height of the structure (i.e. monopole, rooftop, water tank, guyed tower, self-support tower, etc.) and whether it is existing, modified, or new. Describe any modifications that will be made to existing structure. ________________________________________________________________________________ ________________________________________________________________________________ Address/City: ____________________________________________________________________ Site Name: _____________________________________________________Zoning: ________ Site Owner/Landlord: ______________________________________________________________ Structure Owner: __________________________________________________________________ Latitude/Longitude (NAD27 Degrees/Minutes/Seconds) ___________________________________ Ground Elevation AMSL in feet: _____________________________________________________ Antenna Height AGL in feet: _________________________________________________________ Frequency bands to be used: _________________________________________________________ Maximum Effective Radiation Power (EFP): ____________________________________________ Federal Communications Commission (FCC) Emission Designator: __________________________ FCC Antenna Structure Registration Number: ____________________________________________ Description of antenna(s), including physical size, patterns, gain and orientation (include copy of spec sheet or drawings): _________________________________________________________________________________ _________________________________________________________________________________ Describe area to be served by the proposed installation. Attach a map of the general area showing the location of the site. Attach propagation studies showing service area coverage surrounding the proposed site with and without the proposed site. _________________________________________________________________________________ _________________________________________________________________________________ Will antennas be installed on an existing structure? _______________________________________ If not, describe results of investigation about possible co-location. Include a listing of alternative sites considered and an explanation as to why each possible alternative was not selected. If a site was ruled out because of radio frequency (RF) issues, provide RF propagation maps documenting inadequate coverage: ________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Justification of why this site was selected: _______________________________________________ _________________________________________________________________________________ Will site be used to support government telecommunications facilities or other equipment for government use? _____________________________________________________________________________ If yes, describe: ____________________________________________________________________ _________________________________________________________________________________ Attach a site plan of the proposed facility showing location of monopole, tower, or structure on the property, location of existing and proposed equipment buildings or cabinets, and distance of any new structures or buildings from property lines and other buildings or residences within 300 feet. Clearly identify existing versus proposed facilities. Also provide an elevation sketch of the structure showing major dimensions, existing attachments, and mounting height of proposed antennas. If a balloon test has been performed, please provide copies of the photographs. Will the antenna installation be in compliance with the maximum permissible RF exposure limits set forth in § 1.1310 of the FCC Rules and Regulations? Yes_______ No _______ If the answer is no, please attach an explanation. Type of compliance study required under § 1.1307 of the FCC Rules and Regulations: Categorically Excluded _______ Routine Environmental Evaluation _______ Environmental Assessment _______ If antennas will be located on a rooftop, please attach a description of any steps that have been or will be taken to prevent the aggregate RF from exceeding exposure limits. Montgomery County Code, Chapter 2-58E requires applicants to submit a facility location plan indicating the location of every existing telecommunications transmission facility and the general location of facilities that are anticipated to be built in the near future. Has a new or updated plan been filed with the County within the last year? Yes _______ No _______. If the answer is no, please submit a plan with this application. If an application for an FAA review has been submitted or an FAA determination has been issued, please attach a copy. Application fees have been paid to Montgomery County Government on _______________________. Submit this application to: Columbia Telecommunications Corporation c/o Montgomery County Tower Coordinator 5550 Sterrett Place, Suite 200 Columbia, MD 21044 Phone: (410) 964-5700 Attachment 2 GUIDE FOR WIRELESS SERVICE PROVIDER FACILITY LOCATION PLANS Montgomery County Code Section 2-58E requires sponsors of wireless communications facilities to submit annually revised antenna site planning information for proposed system construction or enhancement within Montgomery County. The following information is required by the County to assist in planning activities and analysis of co-location opportunities. Applicants must submit a projected growth plan for antenna sites, and must update that plan at least annually. More frequent updates are recommended if information submitted in the previous plan changes significantly. We recognize that site specific information may not be available until late in the implementation process. However, the County desires that information submitted in the plan be as detailed and complete as possible. 1. In what geographical areas of Montgomery County will new service be provided or existing service (requiring additional site facilities) be upgraded? (Be specific, such as “Rte. 270 corridor from Shady Grove to the Comus exit,” or “Along Rte. 29 from the D.C. line to the Beltway,” or “at the bottom of the Piney Branch stream valley in Takoma Park,” etc.) 2. On a large scale map such as the Street Map of Montgomery County, Maryland, prepared by The Maryland-National Capital Park and Planning Commission (scale 1" = 3000'), show the location of existing towers or monopoles, indicate whether each is owned or leased, and show where new antenna sites are anticipated. Locate as accurately as possible, preferably within 0.2 mile or less, or indicate specific sites, if known. 3. If specific sites are known, state addresses and how each site is presently utilized, e.g., water tank, apartment building, shopping center, fire station, open (or wooded) lot, etc. If antennas will be placed on an existing tower or monopole on the site, who owns it? 4. If any new structures are planned, describe anticipated configuration (monopole, self-support lattice tower, guyed tower, etc.) and height at each site, if known. 5. How much physical capacity on each proposed structure will be available for co-location by other service providers? Will antenna space be offered to other parties for rent? If one or more potential tenants have expressed an interest in the site, who are they? 6. Any other information relevant to the County tower database. ### COMCOR 02.58E.02 Telecommunications Transmission Facilities Coordination Fees #### 02.58E.02.01 The non-refundable fees applicants must pay for the review and coordination of the siting of telecommunications facilities are: Charge Categories 1. Annual fee $500.00 - Fee to be paid when the annual plan is submitted. The annual fee is charged for updating and maintaining the database, oversight, and the review of the annual plan. 2. Minor Modification $500.00 - The application fee for any of the following minor modifications that require a building permit: i. a modification of existing antennas at a single site; or ii. the addition of antennas at a single existing site; or iii. a change or addition of equipment at a single existing site. 3. Multiple Modifications $1,500.00 - The application fee for any of the following multiple modifications that require a building permit: i. a modification of antennas at two or more sites; or ii. the addition of antennas at two or more existing sites; or iii. a change or addition of equipment at two or more existing sites. 4. Co-location on existing structure $1,000.00 - The application fee for the use of an existing structure to support new antennas permitted by right under the zoning ordinance. 5. New support structure, permitted use $2,000.00 - The application fee for the construction of a new antenna support structure that is permitted by right under the zoning ordinance. 6. New support structure, special exception or mandatory referral $2,500.00 - The application fee for the construction of a new antenna support structure that must be authorized as a special exception or reviewed by the Maryland-National Capital Park and Planning Commission. All fees must be submitted to the Office of Cable Communications, 100 Maryland Ave., Suite #250, Rockville, MD 20850, prior to submitting the application and annual plans. ### COMCOR 02.64A.01 Racial Equity and Social Justice Action Plan #### 02.64A.01.01 Scope: This regulation applies to all departments and offices in the executive and legislative branch. #### 02.64A.01.02 Community Engagement Process: 2.1 Purpose a. Community engagement is a way of ensuring that community members have an opportunity to be able to contribute meaningfully to decisions and develop functional capabilities that enable them to participate fully. b. Community engagement is a two-way exchange of information, ideas, and resources. Engagement activities include a range of approaches from informing to sharing leadership to resident-led efforts, depending on the degree of community and county involvement, decision-making and control. c. Community engagement should offer opportunities for communities to express their views and have a meaningful role in decision-making. It should also consider the diversity of our communities, including culture and ethnicity, and seek to create an inclusive and accessible process. d. Effective engagement removes barriers that may have previously prevented residents from successfully working with County government. e. Community engagement can vary in implementation depending on program goals, time constraints, level of program and community readiness, capacity, and resources. 2.2 When to use the community engagement process. a. While a department or office should consider using the community engagement process whenever it is making decisions that will impact County residents, it is particularly recommended whenever a department or office is developing a strategic plan or major initiative that will have substantive and significant impact on county residents (e.g., Climate Action Plan). b. Definition of Strategic Plan - a department or office’s plan to achieve short and long term goals, determine its direction, allocate resources, or take actions needed to execute goals. c. Definition of Major Initiatives - plans made outside of a traditional strategic planning process or time period but that involve a change of a previously determined direction or a newly created plan intended to solve a particular problem or issue. 2.3 Process a. The County department or office should submit a written proposed community engagement plan to the Office Racial Equity and Social Justice detailing the topic or issue for the community engagement process, the intended stakeholders and partners, and the impacted communities. The plan must explain: i. what the department or office hopes to achieve through the community engagement process and what is the main purpose of the department or office for involving the community? ii. who is most impacted by, involved in, or has a specific interest in the issue area, and why? iii. how the community engagement process will ensure impacted communities that have not historically been included in the initial decision-making phase will be included; iv. the degree of public and community support for the engagement; v. the duration of the community engagement process; vi. potential for unintended consequences should the engagement not be implemented successfully; vii. anticipated costs and timeline for the engagement; and viii. plan for publicizing and promoting the community engagement process to County residents. b. The proposed plan must also present research and background information about the affected communities and populations the department or office intends to reach, including: i. language or dialect spoken, customs, historical or geographical data, and other relevant data; ii. known barriers and risks, such as trust issues among the community and the public that may prevent full engagement and community willingness to participate; iii. detailed steps and strategies that will be taken to address language and literacy needs. 2.4 Transparency and Recognition a. This plan must be made available to the public by the department or office after approval by the Office of Racial Equity and Social Justice. The Office has 30 days to take action on proposed plan if no action is taken by the Office of Racial Equity and Social Justice the department plan is deemed approved. b. The department or office must conduct a follow-up communication or debrief meeting with the community engagement participants no later than 8 weeks after the conclusion of the engagement. The communication must: i. acknowledge community members for their contributions; ii. indicate opportunities for formal project/program updates and feedback; iii. indicate opportunities for future dialogue and collaboration; and iv. present any resultant decisions or outcomes of the community engagement process. c. The lead department or office must provide a final report to community engagement participants presenting any resultant decisions or outcomes after the conclusion of the program/project. #### 02.64A.01.03 Racial Equity and Social Justice Workshops and Training: 3.1 All County employees must participate in at least eight (8) hours of training or workshops on racial equity and social justice on an annual basis. A training or a workshop is a meeting at which a group of people engage in intensive discussion and activity on a particular subject or project. 3.2 Racial equity and social justice training must be conducted by high-quality professionals and consultants in the field of racial equity and social justice. 3.3 Trainings will be conducted by the Office of Racial Equity and Social Justice, approved vendors, contractors, and/or county departments and offices. 3.4 Training curriculum and activities must: a. provide immersive, interactive, and educational modules on comprehensive social, political, and economic history of race and racism and other forms of injustices and oppression in the United States and Montgomery County; b. increase the ability of County employees to understand concepts of structural inequity and its real-life implications; c. increase the ability of County employees to recognize their individually held beliefs about all types of difference, including race, gender, age, socio-economic status, ethnicity, nationality, and religious background; d. give county employees the ability to access how the policies, procedures and practices of their department impact the lives of County resident; and e. give County employees frameworks for assessing their department/office and team cultures as well as strategies for making their department/office and team cultures more inclusive and equitable. 3.5 Training may be conducted in person or virtually. #### 02.64A.01.04 Use of racial equity and social justice considerations in establishing new programs and evaluating existing programs: 4.1 Racial equity and social justice considerations help reveal how society’s benefits and burdens are distributed such that race predicts privilege and disadvantage. It also aids in thinking about what can be done to change the equation. Using racial equity considerations means paying disciplined attention to race and ethnicity, while analyzing problems, looking for solutions, and defining success. A keen awareness of race and ethnicity, and of their impact on access to power and opportunity, is a distinct asset when using an equity lens. Racial equity considerations shed light on racial dynamics that shape social, economic, and political structures. Through examining data on race and ethnicity and openly asking the right questions, racial equity considerations support the development of strategy and programs, shaping guidelines and criteria, and promoting racial equity. 4.2 The Office of Racial Equity and Social Justice will employ racial equity and social justice considerations in its evaluation of new and existing programs. 4.3 Racial equity considerations must articulate patterns of oppression, separate symptoms of inequity from causes, and identify new solutions. 4.4 Racial equity considerations may help clarify current objectives, then shape strategies and align resources to meet them. 4.5 Racial equity considerations can be used with other lenses. Other lenses illuminate other important dynamics that shape equity issues. “Intersectionality” — of race, class, gender, sexual orientation, and other social identities — is key to identifying the dynamics at play in a particular situation and how they combine and converge. #### 02.64A.01.05 Promotion of racial equity and social justice in the budget: 5.1 The Executive is required to explain how each management initiative or new program that would be funded in the Executive’s annual recommended operating and capital budgets, including the recommended operating and capital budgets for the County Board of Education, or in a supplemental appropriation promotes racial equity and social justice. 5.2 To explain how budgets and supplemental appropriation support racial equity and social justice, the Executive must use a racial equity and social justice budget assessment tool that assesses: a. who is burdened and who will benefit from the management initiative or program; b. whether and how the initiative or program reduces social inequity in Montgomery County. c. potential disproportionate effects on communities of color and low-income communities as a result of the initiative or program, and how those effects will be mitigated; and d. additional considerations as determined by the Office of Racial Equity and Social Justice on an annual basis. #### 02.64A.01.06 Short- and long-term goals for The Office of Racial Equity and Social Justice: 6.1 Short-term goals should include the development of a County-wide equity team that will develop guidelines and monitor progress for each department or office. 6.2 Short-term goals should include collection of demographic information in leadership positions within County departments or offices. 6.3 Short-term goals should include an audit of demographic data each department or office collects from the community it serves (client base). 6.4 All goals must coordinate the design and implementation of an action plan, which emphasizes: a. leadership, operations and services; b. plans, policies and budgets; c. workforce and workplace; d. community partnerships; e. communication and education; and f. facility and system improvements. 6.5 Goals for promoting racial equity and social justice must include human capital goals, training goals, community development as well as a plan for leadership development and training for the department or office. 6.6 Goals must articulate systemic changes to the infrastructure that caused the disproportionalities and the resulting community impact. 6.7 Long-term goals should articulate the improvements in quality of life for underserved communities over time. #### 02.64A.01.07 Metrics for measuring the Office of Racial Equity and Social Justice’s progress in meeting these goals: 7.1 Existence of equity plans in each strategic area of services delivered by department and office. 7.2 Existence of data on staff in department and office. 7.3 Existence of targets for each department and office. 7.4 Completion of training for each department and office on definitions and strategies to improve equity. 7.5 Articulation of inequities and disproportionalities related to the functions of each office and department. 7.6 Audit on the diversity of vendors for each department and office. 7.7 Audit and analysis on equitable contracting processes. 7.8 Increased equity in County services for all members of the community. 7.9 Increases in the degree of public outreach and community engagement. 7.10 Increased access to County services for communities of color and immigrant communities. 7.11 Frequency and quantity of changes to existing County services using equity best practices and racial equity and social justice impact analyses. 7.12 By 2023, all supervisors, managers and directors will have equity and social justice measures written into their contracts and job descriptions for Director positions and below. 7.13 By 2023, racial equity and social justice indicators will be included in performance evaluations. 7.14 By 2025, there is a system for County wide display of progress on equity measures for each department or office. Departments and offices must update progress on equity measures every three (3) years. 7.15 By 2023, all departments and offices will establish racial equity and social justice values. 7.16 By 2023, all departments and offices will include racial equity and social justice values in the guidance documents related to their operations, service delivery and programs, including: a. early childhood development; b. jobs and job training; c. health and human services; d. food systems; e. parks and natural resources; f. built and natural environment; g. transportation; h. community economic development; i. neighborhoods; j. housing; k. community and public safety; and l. law and justice. #### 02.64A.01.08 Guidelines for each department and office to develop its own racial equity and social justice action plan: 8.1 By 2027, each department and office will develop an equity action plan which: a. details specific targets and strategies for the improvement toward equity goals; and b. identifies the historical context and data for equity issues related to each office and department. 8.2 Goals must articulate the intended impact of each strategy. 8.3 Community input must be sought by each department and office. In the establishment of the equity plan per activities listed in A(2) above, including: a. identifying the priorities of the local residents and businesses in the community; and b. determining the impact on those most impacted by the department and office. 8.4 The action plan must evaluate and analyze data related to equity. This audit should assess each department and office: a. cultural and organizational diversity; b. degree of equity and inclusion in the department or office’s culture, and worksite culture, when appropriate; c. suggestions for improvements that support the diversity in composition and engagement; d. disaggregated data of the demographic makeup of employees, vendors, contractors, population of the community served (client base); e. current equity strategies including levels of engagement and budget allocations for these efforts; and f. resources currently spent on expanding diversity, improving equity in services provided, and tracking community satisfaction. 8.5 The action plan must address policies and practices such as: a. structuring racial equity programming; b. gathering data; c. modeling diversity and inclusiveness; d. communicating consistently; and e. exercising community leadership. 8.6 Racial equity and social justice action plans must be updated every two years. #### 02.64A.01.09 Recommended racial equity and social justice tools and strategies for a department or office to use in redressing disparities based on race or social justice issues: 9.1 Strategies and tools for redressing disproportionate outcomes, racial equity and social justice issues must be recommended best practices by the Office of Racial Equity and Social Justice. 9.2 Tools for supporting racial equity and social justice issues should offer guidance in the planning, measurement, training, monitoring of strategies designed to impact equity. 9.3 Tools should assist in the articulation of racial equity disparities and disproportionality of outcomes. 9.4 Strategies must include staff training and consensus building on definitions of equity and approaches related to the work of each department and office. #### 02.64A.01.10 Priority areas for additional County efforts: 10.1 Economic Opportunity: having economic opportunities and resources that enable residents to lead sustainable lives in their communities. 10.2 Affordability: having access to affordable housing and safety net services. 10.3 Mobility/transportation: getting where and when residents want to go safely and cost-effectively. 10.4 Safety: being safe in residents’ home, at work, and in their communities. 10.5 Health: being able to maintain a healthy life both physically and mentally. 10.6 Cultural and Learning Opportunities: being enriched by our unique civic, cultural, ethnic, and learning opportunities. 10.7 Government that Works: believing that County government works for everyone, that it is fair and equitable; serves as a good, continuously improving, and innovating steward of its resources; recruits and retains a high performing, ethical workforce; effectively collaborates with the public; and delivers the results people expect and an experience they welcome. ### COMCOR 02.64L.01 Silver Spring Enterprise Zone #### 02.64L.01.01 Purpose. 1.0. The Silver Spring Enterprise Zone is established to accomplish the following purposes: 1.1 To encourage the expansion of existing companies in downtown Silver Spring by improving their profitability; to encourage the location of new businesses to downtown Silver Spring; and to encourage private capital investment in downtown Silver Spring. 1.2 To improve the attractiveness of downtown Silver Spring as a place to do business while protecting existing neighborhoods. 1.3 To promote reuse of older buildings in the CBD where economically feasible, and combine a number of programs to reduce and arrest blight. 1.4 Where redevelopment occurs, to optimize use of the existing transportation network by encouraging participation in the Silver Spring Transportation System Management District. 1.5 To restore Silver Spring as the downtown for eastern Montgomery County by encouraging a mix of uses and activities that promote a day and evening living environment by providing neighborhood convenience and comparison retail as well as other businesses along with community services, recreational, and cultural amenities. #### 02.64L.01.02 Applicability. 2.1 These policies and procedures apply to all property owners and employers located within the boundaries of the Silver Spring Enterprise Zone (the Zone) who meet the eligibility requirements and qualification standards established by this Executive Regulation during the period when the Zone is in effect. #### 02.64L.01.03 Definitions. 3.1 Administrator. The Administrator of the Local Enterprise Zone is the Director, Montgomery County Department of Economic Development or the Director's designee. 3.2 Capital Investment. The investment in property improvement defined as a capital expense by the Internal Revenue Service in Publications 334 and 535. See Minimum Qualifying Capital Investment. 3.3 Certificate of Occupancy. The permit to occupy a building in Montgomery County issued by the Department of Permitting Services. 3.4 Economically Disadvantaged Person or People. A person or people certified as such by the Maryland Job Service, Department of Labor, Licensing and Regulation. 3.5 Employment Tax Credit. The credit on income tax that may be allowed for new Maryland employees hired in the Zone. 3.6 Enterprise Zone Program. The administration, policies and procedures established pursuant to Article 83A, Sections 5-401 et seq., the application filed October 15, 1996 by the County to the State of Maryland, and these Executive Regulations for determination and certification of eligible property owners and employers to receive applicable tax credits in accordance with the requirements for eligibility set forth herein for the Silver Spring Enterprise Zone. 3.7 Minimum Qualifying Capital Investment. In accordance with section 6.2.2.2 through section 6.2.2.4, the minimum amount of property improvement that will qualify for real property tax credit. 3.8 Property Tax Credit. The credit that may be allowed on the increased assessment subsequent to capital investment in property in the Zone. 3.9 Silver Spring Enterprise Zone. Referred to herein as the Zone, that portion of Silver Spring, MD shown in the attached Figure 1 of the Montgomery County Enterprise Zone Application, dated October 15, 1996, and designated as such by the State of Maryland on December 15, 1996. Where the Zone boundary is; shown in the rights-of way of Spring Street, Cedar Street, Wayne Avenue, Fenton Street, and Blair Road, the properties contiguous to the rights-of-way of these streets are included in the Zone. 3.10 Silver Spring CBD Sector Plan. The Comprehensive Amendment to the Silver Spring Central Business District Sector Plan approved by the Montgomery County Council on April 27, 1993 and adopted by the Maryland-National Capital Park and Planning Commission on May 13, 1993. 3.11 Silver Spring Transportation System Management District. The County's transportation management organization established to implement techniques to reduce the reliance on the use of single occupancy vehicles in downtown Silver Spring. 3.12 Standard Industrial Classification (S.I.C.) Code. The system generally used to classify commercial establishments by type of business in which they are engaged. #### 02.64L.01.04 Process and Administration. 4.1 Responsibilities of the Administrator. The responsibilities of the Administrator include: 4.1.1 Determining the eligibility of the businesses and/or property owners for the tax credits under the Enterprise Zone Program. 4.1.2 Notifying the State Department of Assessment and Taxation and the Montgomery County Department of Finance that the applicant is eligible for property tax credits in accordance with the Enterprise Zone Program. 4.1.3 Providing certification to the applicant of eligibility for income tax credits in accordance with the Enterprise Zone Program within 60 days of the receipt of application. It is the responsibility of the applicant to file this certification of eligibility when filing the appropriate income tax form with the State. 4.1.4 Submitting an Annual Report to the Maryland Department of Business and Economic Development (MDBED) by January 15 of the calendar year following adoption of these Executive Regulations and each subsequent January 15 thereafter, so long as the Enterprise Zone Program is in effect. 4.1.5 Acting as the principal point of contact between the public and the State of Maryland with respect to questions concerning the Enterprise Zone Program. 4.1.6. Developing applications for tax credits in the Zone. 4.2 Application and Reporting Requirements. Property owners and/or businesses must complete separate applications for, and report annually on, property tax credits and employment tax credits on forms provided by the Administrator. The application(s) must provide evidence that all State and local qualification standards have been met. At a minimum, the application(s) must contain the following information: 4.2.1 Name and address of the business/property owner, type of business (corporation, partnership, etc.), and Standard Industrial Classification (S.I.C.) code. 4.2.2 For employment tax credit, previous address of the business, and number of employees at previous address if moving into the zone from another location. 4.2.3 For employment tax credit, total employment and verification of increases in employment wages paid for new jobs created in the Zone. The applicant may be asked to provide payroll documentation and employee time sheets for the period for which the tax credit is being applied or any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations. 4.2.4 For employment tax credit in the case of a business exempt from the requirement to join the Silver Spring Transportation System Management District, information or a signed pledge, showing that the business is supporting or will support transportation management activities such as employee awareness programs. 4.2.5 For the property tax credit, description and date of completion of the improvement, certification of the costs of the new construction or renovations and party responsible for payment thereof; a copy of certificate of occupancy if the area being improved is presently occupied, and any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations. 4.2.6 Property owners seeking property tax credit on the next applicable July 1 tax bill must apply by December 10 of the preceding year in order for the Administrator to certify the property's eligibility by December 31 of the preceding year. A property owner may file an application for pre-certification of eligibility for property tax credit on a form provided by the Administrator prior to making the minimum qualifying capital investment in order to determine in advance whether such investment will be eligible. In this case, the Administrator will send a notice of pre-certification to the applicant. In no case will certification be granted until the minimum qualifying capital investment is completed. 4.2.7 Property owners receiving property tax credit must provide notice to the Administrator, on a form provided by the Administrator, of the dollar value of the tax credit, and provide notice of same to any tenant or other third party responsible for direct payment or reimbursement to the property owner for payment of such tax within 30 days of payment of property taxes for the tax year in which credit is applied. 4.2.8 A business seeking employment tax credit must apply for certification at least 30 days before the income taxes for which a credit is being applied are due, on a form provided by the Administrator, in order for the Administrator to certify the business is eligible for the tax credit. A copy of certificate(s) of occupancy for the premises must accompany this form. Businesses receiving employment tax credit must provide notice of the tax credit, number of employees, and total wages paid for which the credit has been taken, to the Administrator, on a form provided by the Administrator, by December 10 of the tax year for which the credit is received. 4.2.9 Failure to submit information required in section 4.2 may result in a notification of incomplete application insufficient for determining eligibility. Failure to comply with the local and State Enterprise Zone regulations may result in decertification of eligibility for tax credit. #### 02.64L.01.05 General Conditions. 5.1 Property owners and businesses currently located within the boundaries of the Zone or new businesses that locate there must meet the qualification standards set forth in these Executive Regulations in order to be certified by the Administrator as eligible to receive tax credits under the Enterprise Zone Program. The following general conditions must be met: 5. 1.1 The business activity conducted on the property must constitute a legal use of the property. The property must be current with respect to payment of real property taxes and the business must be current with respect to payment of income and personal property taxes. 5.2 Any business entity located in the Zone before December 15, 1996 may not benefit from the tax credits and other incentives of the Enterprise Zone Program except with respect to any capital investment or expansion of its labor force occurring after December 15, 1996. Any new construction assessed in the tax year immediately preceding the tax year for the first credit is excluded from the tax assessment. 5.3 Property tax credits do not apply to Parking District Taxes and Urban District Taxes. 5.4 Location in the Zone or certification of eligibility for tax credit does not relieve property owners or businesses from building codes, zoning requirements and other regulations applicable to the property or business. 5.5 Since a minimum qualifying capital investment may not necessarily result in an increase in dollar value assessment, determination of eligibility by the Administrator for property tax credit shall not be deemed to create an assumption that a property tax credit will be given for a minimum qualifying capital investment in the Zone. #### 02.64L.01.06 Eligibility Requirements and Qualification Standards. 6.1 Employment Tax Credit Qualification Standards. Businesses seeking employment tax credits must meet the following requirements: 6.1.1 State Standards. 6.1.1.1 The new employee(s) for which tax credits are sought must have been hired after the business was located in the Zone and after December 15, 1996. If a business relocates from another location in Maryland into the Zone, its base employment remains the same as it was at the previous site. 6.1.1.2 The new employee(s) must have worked in the business for at least 25 hours each week for six months before or during the taxable year for which the credit is taken. 6.1.1.3 The new employee(s) must spend at least half of all work time in the Zone or in an activity related to the Zone. 6.1.1.4 The new employee(s) must have been hired to fill new positions. That is, the firm's number of full-time employees must increase by the number of credits taken. 6.1.1.5 In order to claim tax credit for hiring economically disadvantaged employees to fill newly created positions, the business must obtain a certification of eligibility for each employee provided by the Maryland Job Service, Department of Labor, Licensing and economically disadvantaged employee must remain in the position for three years. However, if the disadvantaged employee leaves the business and is replaced by another employee who is also qualified as disadvantaged, the business may take the remainder of the credit as if the original employee had remained. 6.1.2 Additional Local Standards. 6.1.2.1 In the event a business is exempt from the requirement to join the Silver Spring Transportation System Management District (TMD), it must demonstrate support for the County's TMD efforts through activities such as employee awareness programs in order to be eligible for the tax credits. 6.1.2.2 When claiming tax credit(s) for hiring employees or relocating into the Zone from outside the State, the business must show a net increase of at least 25 work hours per week for each tax credit sought. The business may be required to document this employment on time sheets and payroll documents. 6.1.2.3 The business must show an increase of five percent (5%) to a minimum of one (1) new employee. 6.2 Property Tax Credit Qualification Standards. Credits will apply to increased property tax based on an increase in the assessed value of the property. Benefits will be triggered by increased assessment subsequent to a minimum qualifying capital investment in property in the Zone. Property owners seeking property tax credits must meet the following requirements: 6.2.1 State Standards. 6.2.1.1 The tax credit is granted on whole taxable years only. A property owner will have to pay any partial-year levy tax bills should the property improvement be assessed as complete before July 1 of the first year of eligibility. The property owner will then receive the tax credit for ten full years. Tax credits will be calculated in accordance with Md. Code Ann., Tax Prop., Section 9-103. 6.2.2 Additional Local Standards. 6.2.2.1 Property owners must make a minimum qualifying capital investment in the property through sources other than government grants. A minimum qualifying capital investment may include improvements made with funds obtained through government loan programs. 6.2.2.2 The minimum qualifying capital investment is ten dollars ($ 10) per square foot of building floor area improved, and at least 20% of the total building floor area must be improved. 6.2.2.3 The minimum qualifying capital investment may include off-site. investment in state-of-the-art technology, such as installation of new fiber optic wiring to the building, to meet modem standards, particularly those of technology-oriented companies. 6.2.2.4 The minimum qualifying capital investment may include off-site improvements, such as streetscape improvements, and on-site improvements such as new landscaping in parking lots to implement specific objectives of the Silver Spring Sector Plan and Urban Renewal Plan. These improvements must be part of a building construction or building improvement project. 6.2.2.5 Construction of new parking facilities or improvements to existing parking facilities are not eligible for tax credit, except where such parking facility is an integral part of new building construction or improvement of an existing building. ### COMCOR 02.64L.02 Administration of Wheaton Enterprise Zone #### 02.64L.02.01Purpose. 1.0 The Wheaton Enterprise Zone is established to accomplish the following purposes: 1.0.1 Reinforce the Wheaton Marketplace by preserving the existing scale of development and retaining as much of the mix of goods and services as possible. 1.0.2 Encourage the creation of new jobs and new business investment. Efforts should be focused on encouraging retention of existing companies by improving their profitability, as well as on recruiting new businesses to Wheaton. 1.0.3 Encourage redevelopment in the Metro Center area and moderate expansion of Wheaton Plaza and in the Marketplace. 1.0.4 Encourage redevelopment in the Metro Center area with a high intensity of mixed uses and activities, including office. Wheaton Plaza, a major regional retail center, should be strengthened. 1.0.5 Improve the attractiveness of downtown Wheaton as a place to do business while protecting existing neighborhoods. 1.0.6 Promote revitalization of older properties and combine a number of programs to reduce deterioration. 1.0.7 Strengthen Wheaton as the downtown for the Mid-County Region. Encourage a mix of uses and activities that promote a 24-hour living environment by providing housing opportunities, neighborhood convenience retail alongside viable comparison shopping, community services, recreational, and cultural amenities. 1.0.8 Reinforce the County's other initiatives in Wheaton. Bringing new economic vitality to Wheaton will require a broad-based effort. While there is no single solution to the area's many challenges, the Enterprise Zone is one positive step to complement local incentives and initiatives available through the County. 1.1 Priorities for Development are as follows. 1.1.1 There has been an impressive history of public efforts over the years to maintain the economic health and viability of the Wheaton CBD. These efforts range from mass transit projects to an expansive program of streetscaping and public parking. All of these efforts have been aimed at providing incentives for businesses to remain in the downtown and to attract new businesses to the area. 1.1.2 A comprehensive revitalization effort recognizes the inter-relationship between economic development and community conservation and calls for a partnership involving the business and residential communities as well as several County agencies. Montgomery County's Wheaton Enterprise Zone is part of that comprehensive revitalization strategy. 1.1.3 Among the priorities for development of this comprehensive revitalization strategy are the following initiatives:. 1.1.3.1 Complete current revitalization efforts; 1.1.3.2 Continue vigorous building code enforcement; 1.1.3.3 Evaluate existing economic development programs and initiatives; 1.1.3.4 Consider development of new local initiatives and incentives; 1.1.3.5 Strengthen the businesses in the downtown Wheaton area; 1.1.3.6 Implement an aggressive, targeted marketing program designed to package and promote the benefits of locating or expanding a business in Wheaton; 1.1.3.7 Develop and implement a comprehensive business assistance program; 1.1.3.8 Encourage the creation of new jobs and new business investment; and, 1.1.3.9 Permit some growth-redevelopment in the Metro Center area and moderate expansion of Wheaton Plaza and in the Marketplace. 1.2 To restore Wheaton as the downtown for the Mid-County area by encouraging a mix of uses and activities that promote a living environment by providing neighborhood convenience and comparison retail as well as other businesses along with community services, recreational, and cultural amenities. #### 02.64L.02.02 Applicability. 2.1 These policies and procedures apply to all property owners and employers located within the boundaries of the Wheaton Enterprise Zone (the Zone) who meet the eligibility requirements and qualification standards established by this Executive Regulation during the period when the Zone is in effect. #### 02.64L.02.03 Definitions. 3.1 Administrator. The Administrator of the Local Enterprise Zone is the Director, Montgomery County Department of Economic Development or the Director's designee. 3.2 Capital Investment. The investment in property improvement defined as a capital expense by the Internal Revenue Service in Publications 334 and 535. See Minimum Qualifying Capital Investment. 3.3 Certificate of Occupancy. The permit to occupy a building in Montgomery County issued by the Department of Permitting Services. 3.4 Economically Disadvantaged Person or People. A person or people certified as such by the Maryland Job Service, Department of Labor, Licensing and Regulation. 3.5 Employment Tax Credit. The credit on income tax that may be allowed for new Maryland employees hired in the Zone. 3.6 Enterprise Zone Program. The administration, policies and procedures established pursuant to Article 83A, Sections 5-401 et seq. the application filed October 15, 1998 by the County to the State of Maryland, and these Executive Regulations for determination and certification of eligible property owners and employers to receive applicable tax credits in accordance with the requirements for eligibility set forth herein for the Wheaton Enterprise Zone. 3.7 Minimum Qualifying Capital Investment. In accordance with section 6.2.2.2 through section 6.2.2.4, the minimum amount of property improvement that will qualify for real property tax credit. 3.8 Property Tax Credit. The credit that may be allowed on the increased assessment subsequent to capital investment in property in the Zone. 3.9 Wheaton Enterprise Zone, Referred to herein as the Zone, that portion of Wheaton, MD shown in the attached Figure 1 of the Montgomery County Enterprise Zone Application, dated October 15, 1998, and designated as such by the State of Maryland on December 15, 1998. The Zone boundary is also shown on the attached map. 3.10 Wheaton CBD Sector Plan. The Comprehensive Amendment to the Wheaton Central Business District Sector Plan approved by the Montgomery County Council on June 26, 1990 and adopted by the Maryland-National Capital Park and Planning Commission on September 13, 1990. 3.11 Standard Industrial Classification (S.I.C.) Code. The system generally used to classify commercial establishments by type of business in which they are engaged. #### 02.64L.02.04Process and Administration. 4.1 Responsibilities of the Administrator. The responsibilities of the Administrator include: 4.1.1 Determining the eligibility of the businesses and/or property owners for the tax credits under the Enterprise Zone Program. 4.1.2 Notifying the State Department of Assessment and Taxation and the Montgomery County Department of Finance that the applicant is eligible for property tax credits in accordance with the Enterprise Zone Program. 4.1.3 Providing certification to the applicant of eligibility for income tax credits in accordance with the Enterprise Zone Program within 60 days of the receipt of application. It is the responsibility of the applicant to file this certification of eligibility when filing the appropriate income tax form with the State. 4.1.4 Submitting an Annual Report to the Maryland Department of Business and Economic Development (MDBED) by January 15 of the calendar year following adoption of these Executive Regulations and each subsequent January 15, thereafter, so long as the Enterprise Zone Program is in effect. The Annual Report will be sent to the Montgomery County Council. 4.1.5 Acting as the principal point of contact between the public and the State of Maryland with respect to questions concerning the Enterprise Zone Program. 4.1.6 Developing applications for tax credits in the Zone. 4.1.7 Preparing a short fact sheet describing the Enterprise Zone and its benefits to business. 4.2 Application and Reporting Requirements. Property owners and/or businesses must complete separate applications for, and report annually on, property tax credits and employment tax credits on forms provided by the Administrator. The application(s) must provide evidence that all State and local qualification standards have been met. At a minimum, the application(s) must contain the following information: 4.2.1 Name and address of the business/property owner, type of business (corporation, partnership, etc.), and Standard Industrial Classification (S.I.C.) code. 4.2.2 For employment tax credit, previous address of the business, and number of employees at previous address if moving into the zone from another location. 4.2.3 For employment tax credit, total employment and verification of increases in employment wages paid for new jobs created in the Zone. The applicant may be asked to provide payroll documentation and employee time sheets for the period for which the tax credit is being applied or any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations. 4.2.4 For the property tax credit, description and date of completion of the improvement, certification of the costs of the new construction or renovations and party responsible for payment thereof, a copy of certificate of occupancy if the area being improved is presently occupied, and any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations. 4.2.5 Property owners seeking property tax credit on the next applicable July 1 tax bill must apply by December 10 of the preceding year in order for the Administrator to certify the property's eligibility by December 31 of the preceding year. A property owner may file an application for pre-certification of eligibility for property tax credit on a form provided by the Administrator prior to making the minimum qualifying capital investment in order to determine in advance whether such investment will be eligible. In this case, the Administrator will send a notice of pre-certification to the applicant. In no case will certification be granted until the minimum qualifying capital investment is completed. 4.2.6 Property owners receiving property tax credit must provide notice to the Administrator, on a form provided by the Administrator, of the dollar value of the tax credit, and provide notice of same to any tenant or other third party responsible for direct payment or reimbursement to the property owner for payment of such tax within 30 days of payment of property taxes for the tax year in which credit is applied. 4.2.7 A business seeking employment tax credit must apply for certification at least 30 days before the income taxes for which a credit is being applied are due, on a form provided by the Administrator, in order for the Administrator to certify the business is eligible for the tax credit. A copy of the certificate(s) of occupancy for the premises must accompany this form. Businesses receiving employment tax credit must provide notice of the tax credit, number of employees, and total wages paid for which the credit has been taken, to the Administrator, on a form provided by the Administrator, by December 10 of the tax year for which the credit is received. 4.2.8 Failure to submit information required in section 4.2 may result in a notification of incomplete application insufficient for determining eligibility. Failure to comply with the local and State Enterprise Zone regulations may result in decertification of eligibility for tax credit. #### 02.64L.02.05General Conditions. 5.1 Property owners and businesses currently located within the boundaries of the Zone or new businesses that locate there must meet the qualification standards set forth in these Executive Regulations in order to be certified by the Administrator as eligible to receive tax credits under the Enterprise Zone Program. The following general condition must be met: 5.1.1 The business activity conducted on the property must constitute a legal use of the property. The property must be current with respect to payment of real property taxes and the business must be current with respect to payment of income and personal property taxes. 5.2 Any business entity located in the Zone before December 15, 1998 may not benefit from the tax credits and other incentives of the Enterprise Zone Program except with respect to any capital investment or expansion of its labor force occurring after December 15, 1998. Any new construction assessed in the tax year immediately preceding the tax year for the first credit is excluded from the tax assessment. 5.3 Property tax credits do not apply to Parking District Taxes and Urban District Taxes. 5.4 Location in the Zone or certification of eligibility for tax credit does not relieve property owners or businesses from building codes, zoning requirements and other regulations applicable to the property or business. 5.5 A property tax credit will only be applied against the amount of increase in a property tax assessment that results from a minimum qualifying capital investment. #### 02.64L.02.06Eligibility Requirements and Qualification Standards. 6.1 Employment Tax Credit Qualification Standards. Businesses seeking employment tax credits must meet the following requirements. 6.1.1 State Standards. 6.1.1.1 The new employee(s) for which tax credits are sought must have been hired after the business was located in the Zone and after December 15, 1998. If a business relocates from another location in Maryland into the Zone, its base employment remains the same as it was at the previous site. 6.1.1.2 The new employee(s) must have worked in the business for at least 25 hours each week for six months before or during the taxable year for which the credit is taken. 6.1.1.3 The new employee(s) must spend at least half of all work time in the Zone or in an activity related to the Zone. 6.1.1.4 The new employee(s) must have been hired to fill new positions. That is, the firm's number of full-time employees must increase by the number of credits taken. 6.1.1.5 In order to claim tax credit for hiring economically disadvantaged employees to fill newly created positions, the business must obtain a certification of eligibility for each employee provided by the Maryland Job Service, Department of Labor, Licensing and the economically disadvantaged employee must remain in the business for three years. However, if the disadvantage employee leaves the business and is replaced by another employee who is also qualified as disadvantaged, the business may take the remainder of the credit as if the original employee had remained. 6.1.2 Additional Local Standards. 6.1.2.1 When claiming tax credit(s) for hiring employees or relocating into the Zone from outside the State, the business must show a net increase of at least 25 work hours per week for each tax credit sought. The business may be required to document this employment on time sheets and payroll documents. 6.1.2.2 The business must show an increase in employees of five percent (5%) to a minimum of one (1) new employee. 6.2 Property Tax Credit Qualification Standards. Credits will apply to increased property tax based on an increase in the assessed value of the property. Benefits will be triggered by increased assessment subsequent to a minimum qualifying capital investment in property in the Zone. Property owners seeking property tax credits must meet the following requirements: 6.2.1 State Standards. 6.2.1.1 The tax credit is granted on whole taxable years only. A property owner will have to pay any partial-year levy tax bills should the property improvement be assessed as complete before July 1 of the first year of eligibility. The property owner will then receive the tax credit for ten full years. Tax credits will be calculated in accordance with Md. Code Ann., Tax Prop., Section 9-103. 6.2.2 Additional Local Standards. 6.2.2.1 Property owners must make a minimum qualifying capital investment in the property through sources other than government grants. A minimum qualifying capital investment may include improvements made with funds obtained through government loan programs. 6.2.2.2 The minimum qualifying capital investment is ten dollars ($10) per square foot of building floor area improved, and at least 20 6.2.2.3 The minimum qualifying capital investment may include off-site investment in state-of-the-art technology, such as installation of new fiber optic wiring to the building, to meet modem standards, particularly those of technology-oriented companies. 6.2.2.4 The minimum qualifying capital investment may include off-site improvements, such as streetscape improvements, and on-site improvements such as new landscaping in parking lots to implement specific objectives of -the Wheaton Sector Plan. These improvements must be part of a building construction or building improvement project. 6.2.2.5 Construction of new parking facilities or improvements to existing parking facilities are not eligible for tax credit, except where such parking facility is an integral part of the new building construction or improvement of an existing building. [Click here to view Wheaton Enterprise Zone.] ### COMCOR 02.64L.03 Long Branch/Takoma Park Enterprise Zone #### 02.64L.03.01 Purpose The Long Branch/Takoma Park Enterprise Zone is established to accomplish the following purposes: 1.1 To encourage new business investment. Encourage expansion and enhancement of existing companies by improving their profitability. Recruit new businesses to Long Branch/Takoma Park. 1.2 To preserve existing scale of commercial development. Encourage retention and enhancement of existing businesses. Support redevelopment projects that complement existing commercial and residential infrastructure. 1.3 To improve the attractiveness of commercial areas. Increase enforcement of property maintenance codes. Provide technical assistance and training, rehabilitation loans and grants. Invest in streetscape improvements. Expand maintenance efforts in public right of way. Promote pedestrian friendly improvements. 1.4 To diversify the mix of goods and services. Develop an economically diverse mix of goods and services. 1.5 To preserve public investments. Promote and support investment that preserves past public investments and furthers ongoing revitalization efforts. 1.6 To create new jobs. Encourage the employment of neighborhood residents by new and existing businesses. Promote use of available job training and educational programs. #### 02.64L.03.02 Applicability 2.1 These policies and procedures apply to all property owners and employers located within the boundaries of the Long Branch/Takoma Park Enterprise Zone (the Zone) who meet the eligibility requirements and qualification standards established by this Executive Regulation during the period when the Zone is in effect. #### 02.64L.03.03 Definitions 3.1 Administrator. The Administrator of the Local Enterprise Zone is the Director, Montgomery County Department of Economic Development or the Director’s designee. 3.2 Capital Investment. The investment in property improvement defined as a capital expense by the Internal Revenue Service in Publications 334 and 535. See Minimum Qualifying Capital Investment. 3.3 East Silver Spring Master Plan. The Comprehensive Amendment to the 1977 Silver Spring - East Master Plan approved by the Montgomery County Council on December 12, 2000 and adopted by the Maryland-National Capital Park and Planning Commission on January 17, 2001. 3.4 Certificate of Occupancy. The permit to occupy a building in Montgomery County issued by the Department of Permitting Services. 3.5 Economically Disadvantaged Person or People. A person or people certified as such by the Maryland Job Service, Department of Labor, Licensing and Regulation. 3.6 Employment Tax Credit. The credit on income tax that may be allowed by the State of Maryland for new Maryland employees hired in the Zone. 3.7 Enterprise Zone Program. The administration, policies and procedures established pursuant to Article 83A, Sections 5-401 et seq., the application for re-designation filed April 15, 2013 by the County to the State of Maryland, and these Executive Regulations for determination and certification of eligible property owners and employers to receive applicable tax credits in accordance with the requirements for eligibility set forth herein for the Long Branch/Takoma Park Enterprise Zone. 3.8 Focus Area. The area within the Zone generally referred to as Long Branch, noted as areas 1 and 2 in the maps provided in the Long Branch/Takoma Park Enterprise Zone application dated April 15, 2003, and designated as such by the State of Maryland on June 23, 2003. 3.9 Long Branch/Takoma Park Enterprise Zone. Referred to herein as the Zone, those portions of Montgomery County, Maryland, shown in the Map of the Long Branch/Takoma Park Enterprise Zone Application, dated April 15, 2013, and designated as such by the State of Maryland on June 15, 2013. Where the Zone boundary is shown in the rights-of-way, the properties contiguous to the rights-of-way of these streets are included in the Zone. The Zone begins at the intersection of Flower Avenue and Piney Branch Road in Silver Spring. It continues north on Flower Avenue to Arliss Street, running south a half block on Flower Avenue, north on Piney Branch Road to Carroll Avenue. From the intersection of Piney Branch and University Boulevard, the Zone extends east to New Hampshire Avenue and Prince George’s County. At New Hampshire Avenue, the zone runs south to Eastern Avenue, and the border with Washington D.C. All commercially zoned properties located in either the City of Takoma Park or Montgomery County, and contained within the described corridor, are included in the Zone. 3.10 Minimum Qualifying Capital Investment. In accordance with section 6.2.2.2 through section 6.2.2.4 of this regulation, the minimum amount of property improvement that will qualify for real property tax credit. 3.11 North American Industry Classification System (NAICS) Code. The system generally used to classify commercial establishments by type of business in which they are engaged. 3.12 Personal Property Tax Credit. The credit that may be allowed by Montgomery County and/or the City of Takoma Park on new investment in personal property within a focus area within the Zone. 3.13 Property Tax Credit. The credit that may be allowed by Montgomery County and/or the City of Takoma Park on the increased assessment after capital investment in property in the Zone, and/or the credit that may be allowed on new investment in personal property within a focus area in the Zone. 3.14 Takoma Park Master Plan. The Comprehensive Amendment to the City of Takoma Park Master Plan, the 1974 Sector Plan for the Transit Impact Area in Takoma Park, and the 1989 Master Plan for Langley Park-College Park-Greenbelt approved by the Montgomery County Council on December 12, 2000 and adopted by the Maryland-National Capital Park and Planning Commission on January 17, 2001. 3.15 Takoma-Langley Crossroads Plan. The Planning Board Draft Takoma/Langley Crossroads Sector Plan amends the Approved and Adopted Takoma Park Master Plan, December 2000; the Approved and Adopted East Silver Spring Master Plan, December 2000; the General Plan (On Wedges and Corridors) for the Physical Development of the Maryland-Washington Regional District in Montgomery and Prince George’s Counties, as amended; and the Master Plan of Bikeways, as amended. It was approved and adopted with revisions by the County Council, sitting as the District Council, on April 24, 2012. The Takoma/Langley Crossroads Sectional Map Amendment (0-953) was approved by the County Council, sitting as the District Council, on December 11, 2012. 3.16 New Hampshire Avenue Corridor Concept Plan. Takoma Park County Council adopted the Plan in 2008 to guide redevelopment of the New Hampshire Avenue corridor from Eastern Avenue to Sligo Creek. 3.17 Long Branch Sector Plan. Planners, working on a sector plan for Long Branch, presented a staff draft to the Planning Board on December 13, 2012. Long Branch was covered in part of the East Silver Spring and City of Takoma Park Master Plans, which were approved and adopted in 2000. The staff draft has yet to be approved by the Planning Board and submitted to the County Council for its review and approval. #### 02.64L.03.04 Process and Administration 4.1 Responsibilities of the Administrator. The responsibilities of the Administrator include: 4.1.1 Determining the eligibility of the businesses and/or property owners for the tax credits under the Enterprise Zone Program. 4.1.2 Notifying the State Department of Assessments and Taxation and the Montgomery County Department of Finance that the applicant is eligible for property tax credits in accordance with the Enterprise Zone Program. 4.1.3 Providing certification to the applicant of eligibility for income tax credits in accordance with the Enterprise Zone Program within 60 days of the receipt of application. It is the responsibility of the applicant to file this certification of eligibility when filing the appropriate income tax form with the State. 4.1.4 Submitting an Annual Report to the Maryland Department of Business and Economic Development (MDBED) by January 15 of each calendar year following adoption of these Executive Regulations so long as the Enterprise Zone Program is in effect. 4.1.5 Acting as the principal point of contact between the public and the State of Maryland with respect to questions concerning the Enterprise Zone Program. 4.1.6 Developing applications for tax credits in the Zone. 4.1.7 Preparing a short fact sheet describing the Enterprise Zone and its benefits to business. 4.2 Application and Reporting Requirements. Property owners and/or businesses must complete separate applications for property tax credits and employment tax credits on forms provided by the Administrator. The application(s) must provide evidence that all State and local qualification standards have been met. At a minimum, the application(s) must contain the following information: 4.2.1 Name and address of the business/property owner, type of business (corporation, partnership, etc.), and North American Industry Classification System (NAICS) code. 4.2.2 For employment tax credit, previous address of the business, and number of employees at previous address if moving into the Zone from another location. 4.2.3 For employment tax credit, total employment and verification of increases in employment wages paid for new jobs created in the Zone. The applicant may be asked to provide payroll documentation and employee time sheets for the period for which the tax credit is being applied or any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations. 4.2.4 For the property tax credit, description and date of completion of the improvement, certification of the costs of the new construction or renovations or personal property and party responsible for payment thereof, and any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations. 4.2.5 Property owners seeking property tax credit on the next applicable July 1 tax bill must apply by December 10 of the preceding year in order for the Administrator to certify the property’s eligibility by December 31 of the preceding year. A property owner may file an application for pre-certification of eligibility for property tax credit on a form provided by the Administrator prior to making the minimum qualifying capital investment in order to determine in advance whether such investment will be eligible. In this case, the Administrator will send a notice of pre-certification to the applicant. In no case will certification be granted until the minimum qualifying capital investment is completed. 4.2.6 Property owners receiving property tax credit must provide notice to the Administrator on a form provided by the Administrator, of the dollar value of the tax credit, and provide notice of same to any tenant or other third party responsible for direct payment or reimbursement to the property owner for payment of such tax within 30 days of payment of property taxes for the tax year in which credit is applied. 4.2.7 A business seeking personal property tax credit must apply for certification at least 30 days before the personal property tax return is due, on a form provided by the Administrator, in order for the Administrator to certify the business is eligible for the tax credit. 4.2.8 A business seeking employment tax credit must apply for certification at least 30 days before the income taxes for which a credit is being applied are due, on a form provided by the Administrator, in order for the Administrator to certify the business is eligible for the tax credit. Businesses receiving employment tax credit must provide notice of the tax credit, number of employees, and total wages paid for which the credit has been taken, to the Administrator, on a form provided by the Administrator, by December 10 of the tax year for which the credit is received. 4.2.9 Failure to submit information required in Section 4.2 may result in a notification of incomplete application insufficient for determining eligibility. Failure to comply with the local and State Enterprise Zone regulations may result in decertification of eligibility for tax credit. #### 02.64L.03.05 General Conditions 5.1 Property owners and businesses currently located within the boundaries of the Zone or new businesses that locate within the boundaries of the Zone must meet the qualification standards set forth in these Executive Regulations in order to be certified by the Administrator as eligible to receive tax credits under the Enterprise Zone Program. The following general conditions must be met: 5.1.1 The business activity conducted on the property must constitute a legal use of the property. 5.1.2 The property must be current with respect to payment of real property taxes and the business must be current with respect to payment of income and personal property taxes. 5.2 Any business entity located in the Zone before June 23, 2003 may not benefit from the tax credits and other incentives of the Enterprise Zone Program except with respect to any capital investment, personal property investment or expansion of its labor force occurring after June 23, 2003. Any new construction assessed in the tax year immediately preceding the tax year for the first credit is excluded from the tax assessment. 5.3 Location in the Zone or certification of eligibility for tax credit does not relieve property owners or businesses from building codes, zoning requirements and other regulations applicable to the property or business. 5.4 Since a minimum qualifying capital investment may not necessarily result in an increase in dollar value assessment, determination of eligibility by the Administrator for property tax credit shall not be deemed to create an assumption that a property tax credit will be given for a minimum qualifying capital investment in the Zone. #### 02.64L.03.06 Eligibility Requirements and Qualification Standards 6.1 Employment Tax Credit Qualification Standards. Businesses seeking employment tax credits must meet the following requirements: 6.1.1 State Standards 6.1.1.1 The new employee(s) for which tax credits are sought must have been hired after the business was located in the Zone and after June 15, 2009. If a business relocates from another location in Maryland into the Zone, its base employment remains the same as it was at the previous site. 6.1.1.2 The new employee(s) must have worked in the business for at least 35 hours each week for six months before or during the taxable year for which the credit is taken. 6.1.1.3 The new employee(s) must spend at least half of all work time in the Zone or in an activity related to the Zone. 6.1.1.4 The new employee(s) must have been hired to fill new positions or rehired after being laid off at least a year by that business. That is, the business’ number of full-time employees must increase by the number of credits taken. 6.1.1.5 The new employees must be paid at least 150% of the Federal Minimum Wage by the employer. 6.1.1.6 In order to claim tax credit for hiring economically disadvantaged employees to fill newly created positions, the business must obtain a certification of eligibility for each employee provided by the Maryland Job Service, Department of Labor, Licensing and Regulation. The economically disadvantaged employee must remain in the position for three years. However, if the disadvantaged employee leaves the business and is replaced by another employee who is also qualified as disadvantaged, the business may take the remainder of the credit as if the original employee has remained. 6.1.2 Additional Local Standards. 6.1.2.1 When claiming tax credit(s) for hiring employees or relocating into the Zone from outside the State, the business must show a net increase of at least 35 work hours per week for each tax credit sought. The business may be required to document this employment on time sheets and payroll documents. 6.1.2.2 The business must show an increase of five percent (5%) to a minimum of one (1) new employee. 6.2 Property Tax Credit Qualification Standards. Credits will apply to increased property tax based on an increase in the assessed value of the property. Benefits will be triggered by increased assessment subsequent to a minimum qualifying capital investment in property in the Zone. Property owners seeking property tax credits must meet the following requirements; 6.2.1 State Standards. 6.1.2.1 When claiming tax credit(s) for hiring employees or relocating into the Zone from outside the State, the business must show a net increase of at least 35 work hours per week for each tax credit sought. The business may be required to document this employment on time sheets and payroll documents. 6.2.2 Additional Local Standards. 6.2.2.1 Property owners must make minimum qualifying capital investment in the property through sources other than government grants. A minimum qualifying capital investment may include improvements made with funds obtained through government loan programs. 6.2.2.2 The minimum qualifying capital investment is ten dollars ($10) per square foot of the building floor area improved, and at least 20% of the total building floor area must be improved. 6.2.2.3 The minimum qualifying capital investment may include off-site investment in state-of-the-art technology, such as installation of new fiber optic wiring to the building, to meet modern standards, particularly those of technology-oriented companies. 6.2.2.4 The minimum qualifying capital investment may include off-site improvements, such as streetscape improvements, and on-site improvements such a new landscaping in parking lots to implement specific objectives of the East Silver Spring or Takoma Park Master Plans. These improvements must be part of a building construction or building improvement project. 6.2.2.5 Construction of new parking facilities or improvements to existing parking facilities are not eligible for tax credit, except where such parking facility is an integral part of new building construction or improvement of an existing building. ### COMCOR 02.64M.01 Vulnerable Youth and Low-Income Persons #### 02.64M.01.01 Authority This Executive Regulation is authorized by Bill 12-15, effective on July 8, 2015, and Section 2-64M of the Montgomery County Code. #### 02.64M.01.02 Purpose This Executive Regulation is intended to implement Bill 12-15 and Section 2-64M of the Montgomery County Code. #### 02.64M.01.03 Definitions a) Applicant – A program or organization that applied for a reduction or waiver of fees for using public space scheduled by the Community Use of Public Facilities. b) Facility – school classrooms, cafeterias, all-purpose rooms, library meeting rooms, and meeting rooms at certain public county office buildings for which Community Use of Public Facilities (CUPF) schedules use of the space. Specialized space including school gymnasiums, auditoriums and kitchens may be included if they are available for use and the proposed program cannot be accommodated through non-specialized space. c) Vulnerable youth – young people, typically in middle and high school, who may be at risk for a competent transition to adulthood and self-sufficiency. Groups of vulnerable youth include the following: • youth emancipating from foster care; • runaway and homeless youth; • youth involved in the juvenile justice system; • immigrant youth and youth with limited English proficiency; • youth with physical and mental disabilities; • youth with mental disorders; and • youth receiving special education. d) Low-income persons or families – Individuals or families whose incomes are less than twice the Federal Poverty Level. e) Title I school – Montgomery County Public Schools which are identified with high numbers or high percentages of children from low-income families. #### 02.64M.01.04 Eligibility An applicant may request that the Director reduce or waive the facility fees that CUPF charges. In order to qualify for the reduced fee or for a fee waiver, the applicant must comply with all requirements of the CUPF community use program and meet the following criteria: a) The applicant’s proposed program or service must provide services to at risk and low income residents of Montgomery County; b) The applicant must be a nonprofit 501(c)(3) organization or an informal community group offering a service comparable for a charitable organization. Nonprofit status through an affiliation with another organization will not be recognized; c) The applicant must confirm that it will not use the facility for fundraising activities; d) The applicant’s mission statement or program description must verify that its primary purpose is to serve vulnerable youth or low-income persons or residents receiving financial assistance; and e) If the applicant receives reduced or waived fees, the applicant must agree to submit an outcomes report on activities conducted and accomplishments achieved within one week of the last reservation date. The following additional criteria will also be considered. The more criteria that are met, the more likely an applicant will qualify for the reduced or waived fee: f) Provides service in a Title I school; g) Free or nominal cost to participants; and h) First-time applicant. #### 02.64M.01.05 Funding Criteria Funding for the reduced or waived fees will be contingent on Council appropriations. #### 02.64M.01.06 Determination of Funding Amount On a rolling fiscal year basis, Community Use of Public Facilities’ staff will evaluate each application for a Facility fee reduction or waiver under the criteria contained in this regulation. Staff will recommend to the CUPF Executive Director which applicant should receive a reduced fee or waived fee. The CUPF Executive Director will make the final decision. Decisions of the Executive Director are final. #### 02.64M.01.07 Program Operations a) Facility fees can be waived or reduced on weekdays; facility fees can only be reduced on weekends. Other costs such as staff services and equipment fees will not be waived but may be reduced. Use of specialized spaces, such as auditoriums and gymnasiums, will not be confirmed until 30 days prior to the proposed use. b) CUPF will do outreach to organizations, groups, government departments, and others about the reduced or waived fee program and how to apply. CUPF will communicate through newsletters and electronic mail. c) CUPF will provide technical assistance to applicants, which will include answering questions regarding filling out the application form and about the process. It may also include providing the application form for walk-in applicants or users who have difficulty with the electronic application. d) On or before January 1 of each even-numbered year, the CUPF Executive Director must submit a report to the County Executive and County Council describing the activities conducted, accomplishments achieved, and difficulties encountered in seeking to increase the use of public facilities by programs serving vulnerable youth or low-income persons. #### 02.64M.01.08 Miscellaneous Applicants found to be eligible must sign the Facility Use License Agreement and comply with all procedures and conditions of use applicable to the community use program. ### COMCOR 02.148.01 Parliamentary and Maryland Open Meetings Act Training for Members of Boards, Commissions, and Committees #### 02.148.01.01 Purpose The purpose of this regulation is to establish standards for training members of boards, commissions, and committees on the Maryland Open Meetings Act and basic parliamentary procedure. #### 02.148.01.02 Standards A. Open Meetings Act. Open Meetings Act training should cover topics such as: 1. identification of a “public body” subject to the Act; 2. determination when a public body is “meeting” under the Act; 3. the different types of “functions” subject to the Act; 4. notice requirements; 5. permissible reasons for closing a meeting, and the procedure to close a meeting; 6. the requirement to take and maintain meeting minutes, and what should be included; and 7. the Open Meetings Act Compliance Board. Training that is sufficient to meet the training requirements of the Maryland Open Meetings Act also meets the standards established by this regulation. B. Parliamentary training. Parliamentary training should cover topics such as: 1. Robert’s Rules of Order Newly Revised, Latest Edition (RONR); 2. quorum requirements; 3. how to chair a meeting; 4. the usual order of a meeting; 5. making and debating motions; 6. voting; 7. recusal and abstention; and 8. adjournment. Training may be developed and provided in partnership with parliamentarian associations or groups. #### 02.148.01.03 Execution Training may be given in-person or electronically. Each member of a board, commission, or committee at the time this regulation takes effect must submit a certificate evidencing that member’s successful completion of Open Meetings Act and parliamentary training within 90 days of the effective date of this regulation. Each new member of a board, commission, or committee must submit a certificate evidencing that member’s successful completion of Open Meetings Act and parliamentary training within 90 days of the latter of appointment or, if required, confirmation. The appointing authority may remove a member under County Code §2-148(c) if that member fails to complete and evidence the training required under this regulation. ### COMCOR 02.152.01 Open Data Implementation Plan #### 02.152.01.01 Authority This Executive Regulation is authorized by Montgomery County Code, Section 2-158. #### 02.152.01.02 Open Data Governance A. Open Data program governance must be comprised by an Open Data Steering Committee (“the Steering Committee”) and an Open Data Workgroup (“the Workgroup”). B. The Workgroup is responsible for managing operational and tactical issues and must include representation from the Department of Technology Services, Office of the County Attorney, CountyStat Office, and the Office of Public Information. The Steering Committee may request additional representation, as needed. The Workgroup must meet at least quarterly. C. The Steering Committee establishes and manages the overall policy objectives of the Open Data program and must be chaired by an Assistant Chief Administrative Officer, and include representation from the Department of Technology Services, Office of the County Attorney, CountyStat Office, and the Office of Public Information. The Steering Committee must meet at least semi-annually. #### 02.152.01.03 Publication and Maintenance of Open Data Operations Manual A. The Director of the Department of Technology Services (“the Director”) must publish and maintain the Open Data Operations Manual (“the Operations Manual”). The Operations Manual must be published on the Open Data web portal. Link: http://www.montgomerycountymd.gov/open/ B. The Operations Manual must contain detailed information for the following: 1. governance and staffing; 2. dataset inventory processes; 3. publishing priority for datasets; 4. dataset changes and removal; 5. web portal availability and bandwidth; 6. dataset inventory and publishing schedule; 7. initiatives; and 8. Maryland Public Information Act request publishing. #### 02.152.01.04 Public Dataset Inventory and Prioritization for Publication A. The Director, in coordination with all departments, must systematically identify and inventory public datasets that should be published under the Open Data Act. B. The list of public datasets must be described and maintained in the Operations Manual. C. The datasets must be assigned a level of priority for publication according to a quantitative prioritization process that includes the following internal and external characteristics: 1. publication of the data can be used to increase agency accountability and responsiveness; 2. publication of the data improves public knowledge of the agency and its operations; 3. publication of the data furthers the mission of the agency; 4. publication of the data creates economic opportunity; and 5. publication of the data responds to a need or demand identified by public consultation. The datasets must be grouped into subcategories which describe the order in which they must be published, based on their quantitative rating. D. A dataset publication timeline must be published in the Operations Manual, based upon budgeted resources. E. Every department must publish at least 1 public dataset by December 31, 2018. #### 02.152.01.05 Policy for Dataset Updates, Changes or Removal A. Once a public dataset has been published, the dataset must be updated at least once per year. The data update frequency for each published dataset must be listed in the Operations Manual. B. For any changes to a published dataset (i.e., adding or deleting data elements, frequency of updates, etc.) or removal of a published dataset, the Department Head of the owning department must complete a change order process authorizing the requested changes or removal, pursuant to the process prescribed by the Steering Committee. C. The Director must publish and maintain the detailed policy and processes for dataset changes or removal in the Operations Manual. #### 02.152.01.06 Open Data Project Staffing A. The Director must establish an Open Data Project Team that must oversee the execution of the Open Data program, including the publishing of datasets and operating the Open Data web portal. B. Each County department must establish an Open Data Point of Contact who represents their department in the process of identifying, documenting and coordinating the publishing of data from their department. #### 02.152.01.07 Open Data Portal Availability and Bandwidth A. The Director must create and maintain the Open Data web portal with the same or higher availability and bandwidth as the County’s main web portal. The Director must apply standard monitoring practices for the Open Data web portal to ensure availability and bandwidth are maintained. B. The Director must publish and maintain the Open Data web portal hosting information in the Operations Manual. #### 02.152.01.08 Maryland Public Information Act (“MPIA”) Data A. The Director must develop and maintain a tool to facilitate publishing MPIA requests by County Departments on the Open Data web portal. B. Along with the MPIA request response, the following data elements must be published on the Open Data web portal: 1. requestor name; 2. requestor organization; 3. request description; 4. request intake type; 5. lead and owning department(s); 6. date Response posted. C. The Director must publish and maintain policy and process details for MPIA Response Publishing in the Operations Manual. #### 02.152.01.09 Annual Open Data Operations Manual Updates A. On July 15, 2015, and every July 15 thereafter, the Director must publish an update to the Open Data Operations Manual on the Open Data web portal. B. The annual update to the Open Data Operations Manual must contain: 1. all changes to the public dataset inventory list and prioritization of datasets since the last publication of the Open Data Operations Manual, as approved by the Steering Committee; and 2. all information required in the annual report required by Section 2-158 (c) and (d) of the Code.