<subtitle num="01" heading="Executive Orders"> <chapter num="1971" heading=""> <regulation prefix="Executive Order" num=".11" heading="Maryland Environmental Service"> <paragraph num="1."> <text>The Maryland Environmental Service is hereby directed to assume responsibility for the operation and maintenance of all State-owned sewage treatment and solid waste disposal facilities;</text> </paragraph> <paragraph num="2."> <text>Each agency of the State which presently has responsibility for operating such facilities is hereby directed to consult with the Maryland Environmental Service to develop plans for the transfer of such responsibility as soon as feasible.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 27, 1971</annotation> </annotations> </regulation> </chapter> <chapter num="1972" heading=""> <regulation prefix="Executive Order" num=".03" heading="Governor's Representative for Highway Safety"> <paragraph num="1."> <text>The Executive Order, dated August 29, 1969, is hereby rescinded.</text> </paragraph> <paragraph num="2."> <text>Pursuant to §§2-101, 2-102 and 2-103 of Article 66-1/2 of the Annotated Code of Maryland (1970 Replacement Volume), and for purposes of the Federal Highway Safety Acts of 1966 and 1970, the Secretary of Transportation, is hereby designated as the Governor's Representative for Highway Safety.</text> </paragraph> <paragraph num="3."> <text>There is hereby delegated to the Governor's Representative, all the powers and authority vested in the Governor by §§2-101, 2-102 and 2-103 of Article 66-1/2 of the Annotated Code of Maryland (1970 Replacement Volume) and he is directed to exercise the same in pursuance of said sections.</text> </paragraph> <paragraph num="4."> <text>There has been established within the Department of Transportation of the Executive Branch of the State Government a Division of Transportation Safety within which the Office of Highway Safety Coordinator shall be incorporated. The powers and authority hereby delegated to the Secretary of Transportation as the Governor's Representative, may be redelegated by him to the Division of Transportation Safety at his discretion.</text> </paragraph> <paragraph num="5."> <text>All departments and agencies within the Executive Branch of the State Government are to cooperate with the Governor's Representative, in the performance of his highway safety functions provided herein to the full extent permitted by law.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 8, 1972</annotation> <annotation type="History" subtype="Administrative History">Annotation: Article 66-1/2, §§2-101, 2-102, and 2-103 have been reenacted as §§2-402, 2-403, and 2-404, respectively, of the Transportation Article (Chapters 13 and 14 of the Acts of the General Assembly of 1977)</annotation> </annotations> </regulation> </chapter> <chapter num="1973" heading=""> <regulation prefix="Executive Order" num=".04" heading="State Emergency Medical System"> <paragraph num="1."> <text>A State Emergency Medical System is hereby established, to be implemented in accordance with this Executive Order.</text> </paragraph> <paragraph num="2."> <text>The Division of Emergency Medical Service is created within the State Department of Health and Mental Hygiene. The Division shall be headed by a Director of Emergency Medical Services appointed by the Governor, with the advice of the Secretary of Health and Mental Hygiene, said Director to be responsible for the implementation, administration, and operation of the Emergency Medical System and to report directly to the Secretary of Health and Mental Hygiene. The Division shall receive and disburse all federal and State funds appropriated to and by the State for the Emergency Medical System.</text> </paragraph> <paragraph num="3."> <text>The State shall be divided into not more than five emergency medical service regions, which shall be interconnected by a State-wide emergency medical communications system.</text> </paragraph> <paragraph num="4."> <text>The Director of Emergency Medical Services shall promptly develop a program for:</text> <paragraph num="(a)"> <text>Establishing and operating the State-wide emergency medical communications system.</text> </paragraph> <paragraph num="(b)"> <text>Coordinating the activities of the emergency medical service regions, including the purchase and maintenance of equipment, training of emergency medical personnel, transportation of patients, patient care, research and development programs in the field of emergency medical services, and other activities necessary to implement this Executive Order.</text> </paragraph> <paragraph num="(c)"> <text>Coordinating the State emergency medical system with appropriate authorities and agencies in jurisdictions adjacent to the State of Maryland.</text> </paragraph> <aftertext>The program developed by the Director shall be in accordance with the recommendations previously submitted by the State Comprehensive Health Planning Agency. It shall be submitted to the Secretary of Health and Mental Hygiene and thence, with the comments and recommendations of the Secretary, to the Governor prior to its implementation.</aftertext> </paragraph> <paragraph num="5."> <text>The Center for the Study of Trauma is hereby abolished, and there is hereby created as an independent unit within the University of Maryland Hospital the Maryland Institute for Emergency Medicine. The Institute shall be headed by a Director appointed by the Chancellor of the University of Maryland, Baltimore City Campus, with the approval of the Governor. The Director shall report and be responsible directly to the Chancellor of the University of Maryland, Baltimore City Campus.</text> </paragraph> <paragraph num="6."> <text>All State departments and agencies shall cooperate in the implementation of the State Emergency Medical System as herein established.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 26, 1973</annotation> </annotations> </regulation> </chapter> <chapter num="1978" heading=""> <regulation prefix="Executive Order" num=".05" heading="Coastal Zone Management"> <paragraph num="1."> <text>The Maryland Coastal Zone Management Program developed in accordance with plans prepared under Article 88C(2)(b) of the Code, enumerates the objectives and policies of the State with respect to coastal resources.</text> </paragraph> <paragraph num="2."> <text>To the extent consistent with statutorily prescribed responsibilities and authorities, all State governmental agencies shall:</text> <paragraph num="(a)"> <text>Conduct their activities in a manner consistent with the Program;</text> </paragraph> <paragraph num="(b)"> <text>Participate in the project evaluation process specified in the Program; and</text> </paragraph> <paragraph num="(c)"> <text>Address promptly and, to the extent feasible, resolve any conflicts with other agencies.</text> </paragraph> </paragraph> <paragraph num="3."> <text>In accordance with the designation of the Department of Natural Resources as the State agency authorized to receive and administer federal grants under the Coastal Zone Management Act of 1972, the Secretary of Natural Resources shall assure adequate representation of the State's interest in administration of this federal program as it affects coastal resources.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 8, 1978 (5:6 Md. R. 403)</annotation> </annotations> </regulation> </chapter> <chapter num="1980" heading=""> <regulation prefix="Executive Order" num=".06" heading="Commission on State Debt"> <paragraph num="1."> <text>Revocation of Prior Executive Order</text> </paragraph> <paragraph num="2."> <text>Creation of Commission; composition; organization</text> <paragraph num="(a)"> <text>There is a Commission on State Debt. This Commission replaces the former Committee to Study the State Debt.</text> </paragraph> <paragraph num="(b)"> <text>The membership of the Commission on State Debt shall include all members of the Capital Debt Affordability Committee, as enumerated in Article 31, §26 of the Maryland Annotated Code of 1957 (1976 replacement volume, 1979 supplement); and the Director of the Department of Assessments and Taxation.</text> </paragraph> <paragraph num="(c)"> <text>The Chief of the Bureau of Revenue Estimates shall serve as Secretary to the Commission.</text> </paragraph> </paragraph> <paragraph num="3."> <text>Purpose and Duties of the Commission</text> <paragraph num="(a)"> <text>The Commission on State Debt shall serve as an advisory group whose purpose shall be to annually recommend to the Board of Public Works a State tax rate on real and personal property sufficient to provide funds to meet debt service requirements on outstanding General Obligation bonds during the next ensuing fiscal year.</text> </paragraph> <paragraph num="(b)"> <text>The Commission shall meet at least annually and shall present its recommended State tax rate to the Board of Public Works in a timely manner to allow such tax rate to be determined by the Board of Public Works on or before May 1 of each year.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 3, 1980 (7:6 Md. R. 593)</annotation> <annotation type="History" subtype="Administrative History">(COMAR 01.01.1980.06 rescinded COMAR 01.01.1969.08 on the same topic)</annotation> </annotations> </regulation> </chapter> <chapter num="1981" heading=""> <regulation prefix="Executive Order" num=".10" heading="Employee Release Under Emergency Conditions"> <paragraph num="A."> <text>Definitions. As used in this Order, the following terms have the meanings indicated:</text> <paragraph num="(1)"> <text>“Emergency Conditions” means circumstances that would expose State employees to harm or unsafe conditions. Examples of potential emergency conditions may include, but are not limited to:</text> <paragraph num="(a)"> <text>Extreme weather conditions such as flooding, icing conditions, blizzards, hurricanes, and tornadoes;</text> </paragraph> <paragraph num="(b)"> <text>Civil disorders, such as riots and war.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Emergency Release Time” means time with full pay that is granted to employees during an emergency condition.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Application to Employees and Agencies; Exceptions.</text> <paragraph num="(1)"> <text>This Order applies to all agencies in the Executive Branch.</text> </paragraph> <paragraph num="(2)"> <text>Emergency Release Time may be granted under this Order only to employees in the geographical area or facility affected by the emergency condition, as determined by the appropriate Secretaries or their designees.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Authority to Determine and Declare Emergency Conditions.</text> <paragraph num="(1)"> <text>Secretary of Transportation. Based upon information received under Subsection (5) of this Section, the Secretary of Transportation or his or her designee may declare the existence of emergency conditions arising from extreme weather conditions which, in his or her judgment, result in dangerous traffic or highway conditions; and thereupon, he or she may grant emergency release time to affected employees following consultation with the Secretaries of Personnel and General Services (or their designees).</text> </paragraph> <paragraph num="(2)"> <text>Secretary of General Services. Based upon information received under Subsection (5) of this Section, the Secretary of General Services or his or her designee may declare the existence of emergency conditions arising from a fire, a physical plant failure, or other unsafe conditions in the Baltimore or Annapolis State Office Building complex; and thereupon, he or she may grant emergency release time to affected employees following consultation with the Secretaries of Personnel and Transportation (or their designees).</text> </paragraph> <paragraph num="(3)"> <text>Secretary of Personnel. Based upon information received under Subsection (5) of this Section, the Secretary of Personnel or his or her designee may declare the existence of emergency conditions arising from circumstances other than those set forth in Subsections(1) or (2) of this Section; and thereupon may grant emergency release time to affected employees following consultation with the Secretaries of Transportation and General Services (or their designees).</text> </paragraph> <paragraph num="(4)"> <text>Heads of Facilities Other than Baltimore and Annapolis State Office Building Complexes. Based upon information received under Subsection (5), the head of any facility other than one in the Baltimore or Annapolis State Office Building Complex may recommend that emergency conditions arising from a fire or a physical plant failure or other unsafe conditions exist, and may grant emergency release time to employees of the facility with the approval of the Secretary of the affected department and the Secretary of Personnel.</text> </paragraph> <paragraph num="(5)"> <text>Determination of Emergency Conditions. The individuals enumerated in Subsections(1)—(4) shall contact the proper local police, fire, highway, weather service, or civil defense personnel, or other appropriate local personnel, to obtain information concerning existing conditions, and shall evaluate the information to determine whether an emergency condition exists.</text> </paragraph> <paragraph num="(6)"> <text>Limitation on Time Period. The individuals enumerated in Subsections(1)—(4) may not grant emergency release time exceeding one normally scheduled work day per emergency unless authorized by the Governor.</text> </paragraph> <paragraph num="(7)"> <text>Evacuation in Acute Emergencies. Nothing contained in this Order precludes the necessary, immediate evacuation of a facility by an individual in a supervisory capacity in the interest of personal safety.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Administration.</text> <paragraph num="(1)"> <text>Responsibility of Cabinet Secretaries and other State Agency Heads. The administration of this Order is the responsibility of the several cabinet secretaries and other heads of State agencies, except as set forth in Section C above.</text> </paragraph> <paragraph num="(2)"> <text>Extreme Weather Conditions. If extreme weather conditions appear to cause dangerous traffic or highway conditions, agency heads shall contact the Secretary of Transportation or his designee for a determination of whether, in his or her judgment, there exists an emergency sufficient to warrant a declaration of an emergency condition and the granting of emergency release time to affected employees.</text> </paragraph> <paragraph num="(3)"> <text>Fires and Physical Plant Failures. If a fire or a physical plant failure in the Baltimore or Annapolis State Office Building Complex appears to cause an emergency condition, agency heads shall contact the Secretary of General Services or his designee for a determination of whether, in his or her judgment, there exists an emergency sufficient to warrant a declaration of emergency condition and the granting of emergency release time to affected employees. The head of a facility other than the Baltimore or Annapolis State Office Building Complex shall follow the procedure set forth in Subsection C(4) above.</text> </paragraph> <paragraph num="(4)"> <text>Other Circumstances. If circumstances other than those set forth in Subsections D(2) and (3) above, appear to cause an emergency condition, an agency head shall contact the Secretary of Personnel or his designee for a determination of whether, in his or her judgment, there exists an emergency sufficient to warrant a declaration of an emergency condition and the approval of emergency release time to affected employees of the agency.</text> </paragraph> <paragraph num="(5)"> <text>Guidelines for Employees Release Time and Approval. When, as a result of emergency conditions, any facility is closed after the start of normal work hours or shifts and the employees assigned to the facility who have reported for work are dismissed, there shall be no loss of pay or charge to leave of any kind. Employees who have not reported to work and are not on prior approved paid leave, are to be given the option of the use of annual, personal, or accrued compensatory leave or approved leave without pay.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: December 4, 1981 (8:26 Md. R. 2077)</annotation> </annotations> </regulation> </chapter> <chapter num="1983" heading=""> <regulation prefix="Executive Order" num=".17" heading="Intergovernmental Review of Federal Programs and Activities"> <paragraph num="1."> <text>Maryland Intergovernmental Review and Coordination Process</text> <paragraph num="(a)"> <text>In order for Maryland to secure the benefits of intergovernmental cooperation and coordination, and in order to provide a simple, uniform, and consistent mechanism for State, regional, and local public officials to learn about and comment on proposed federal financial assistance and direct federal development, the Maryland Intergovernmental Review and Coordination Process is established. The process shall serve as Maryland's designated process for determining the views of State and local elected officials and regional officials concerning proposed federal financial assistance and direct federal development.</text> </paragraph> <paragraph num="(b)"> <text>The Maryland Intergovernmental Review and Coordination Process shall facilitate the exchange of information among federal approval authorities, other proponents of federal action, and officials of general purpose governments within the State.</text> </paragraph> </paragraph> <paragraph num="2."> <text>Duties of the Department of State Planning</text> <paragraph num="(a)"> <text>In accordance with procedural rules adopted by the Department for the Maryland Intergovernmental Review and Coordination Process, provide opportunities for State, regional, and local public officials to review and comment on proposed federal financial assistance and direct federal development;</text> </paragraph> <paragraph num="(b)"> <text>In consultation with State, regional, and local public officials, select the federal programs and activities to be subject to the review process;</text> </paragraph> <paragraph num="(c)"> <text>Transmit all comments resulting from the review process to federal approval authorities, either through applicants for financial assistance or directly;</text> </paragraph> <paragraph num="(d)"> <text>Facilitate the resolution of disagreements identified during the review process;</text> </paragraph> <paragraph num="(e)"> <text>Seek to formulate a single recommended course of action based on review comments;</text> </paragraph> <paragraph num="(f)"> <text>Coordinate responses when federal agencies advise that they cannot accommodate the concerns of State, regional, and local public officials;</text> </paragraph> <paragraph num="(g)"> <text>Coordinate efforts by State agencies to simplify and consolidate federally-required State plans; and</text> </paragraph> <paragraph num="(h)"> <text>Periodically prepare any necessary reports on the activities of the review process.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 30, 1983 (10:23 Md. R. 2054)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".18" heading="Privacy and State Data System Security"> <paragraph num="1."> <text>Purpose — The purpose of this Executive Order is to direct adherence by State agencies to the following principles of information practice:</text> <paragraph num="(a)"> <text>There should be no personal record system whose existence is secret;</text> </paragraph> <paragraph num="(b)"> <text>Personal records should not be collected unless the need for the information has been clearly established;</text> </paragraph> <paragraph num="(c)"> <text>A personal record should be appropriate and relevant to the purpose for which it has been collected;</text> </paragraph> <paragraph num="(d)"> <text>Personal information should not be obtained by fraudulent and unfair means;</text> </paragraph> <paragraph num="(e)"> <text>Personal records should be accurate and current, to the greatest extent practicable;</text> </paragraph> <paragraph num="(f)"> <text>A data subject should generally be able to learn the purpose for which personal information has been recorded and particulars about its use; and</text> </paragraph> <paragraph num="(g)"> <text>Appropriate administrative, technical and physical safeguards should be established to ensure the security of public records and to protect against reasonably anticipated threats or hazards to their security or integrity.</text> </paragraph> </paragraph> <paragraph num="2."> <text>Definitions — As used in this Executive Order, the following terms have the meanings indicated:</text> <paragraph num="(a)"> <text>“Data subject” means a natural person about whom personal information is indexed or may be reasonably located in a personal record system by name, personal number, or other identifying particulars;</text> </paragraph> <paragraph num="(b)"> <text>“Personal information” means any information about data subject or a data subject's immediate family that identifies or describes any characteristic including but not limited to education, financial transactions or worth, medical history, criminal or employment record or things done by or to the data subject or the immediate family;</text> </paragraph> <paragraph num="(c)"> <text>“Personal record” means any public record pertaining to a data subject whose identity can be ascertained from the record with reasonable certainty either by name, address, number, description, finger or voice print, picture or any other identifying factor or factors;</text> </paragraph> <paragraph num="(d)"> <text>“Public record” means any correspondence, form, book, photograph, film, microfilm, sound recording, map, drawing, card, tape, computerized record or other documentary material, regardless of physical form or characteristics, that has been made by a State agency;</text> </paragraph> <paragraph num="(e)"> <text>“Record system” means a collection or group of public records; and</text> </paragraph> <paragraph num="(f)"> <text>“State agency” means any agency, board, commission, department, bureau, or other entity of the Executive Branch of Maryland State Government.</text> </paragraph> </paragraph> <paragraph num="3."> <text>Collection of Personal Information by State Agencies</text> <paragraph num="(a)"> <text>Except as otherwise provided by law, any State agency maintaining a personal record system shall:</text> <paragraph num="(1)"> <text>Collect personal information to the greatest extent practicable from the data subject directly; and</text> </paragraph> <paragraph num="(2)"> <text>After July 1, 1984, provide the following information to each data subject who is requested to disclose personal information on a standardized form:</text> <paragraph num="(i)"> <text>The principle purpose for which the information is intended to be used;</text> </paragraph> <paragraph num="(ii)"> <text>Any specific consequences for the data subject which are likely to result from nondisclosure;</text> </paragraph> <paragraph num="(iii)"> <text>The data subject's statutory right to inspect, amend, or correct personal records, if any;</text> </paragraph> <paragraph num="(iv)"> <text>Whether the information is generally available for public inspection; and</text> </paragraph> <paragraph num="(v)"> <text>Whether the information is routinely shared with State, federal or local government agencies.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(b)"> <text>The information to be provided under paragraph(a)(2) may appear either on the standardized form or on a separate statement.</text> </paragraph> </paragraph> <paragraph num="4."> <text>Security of Public Records</text> <paragraph num="(a)"> <text>A state agency maintaining a public record system shall prescribe and implement appropriate safeguards to ensure the security of the system.</text> </paragraph> <paragraph num="(b)"> <text>Each state agency which maintains a computerized record system shall assign a qualified employee the responsibility to monitor the security of the system.</text> </paragraph> <paragraph num="(c)"> <text>A State Data Security Committee is created to regularly evaluate the security of state agency systems containing computerized records. The Committee shall consist of nine data professionals within State service. Each of the following agencies has a permanent representative on the Committee: Comptroller of the Treasury, Department of Transportation, Department of Public Safety and Correctional Services, the University of Maryland, the Board of Trustees of the State Universities and Colleges and the Department of Budget and Fiscal Planning, whose representative shall be the Chairman. The other members of the Committee shall be appointed by the Governor upon the recommendation of the Chairman. If any agency security officer is assigned to this Committee, he shall not participate as a member of the Committee in any computer system security analysis of his agency by the Committee. The Committee shall evaluate system risks including the review, formulation, and periodic testing of the appropriate levels of security.</text> </paragraph> <paragraph num="(d)"> <text>Each state agency shall cooperate with the State Data Security Committee and shall comply with any directive concerning the submission of plans or system security measures to be undertaken.</text> </paragraph> <paragraph num="(e)"> <text>The State Data Security Committee shall provide semi-annually a report on its activities to the Governor and to the appropriate chairmen of the legislative committees having jurisdiction over issues related to state data system security.</text> </paragraph> </paragraph> <paragraph num="5."> <text>Exceptions — The collection of the following information is exempt from the provisions of Section 3 of this Executive Order:</text> <paragraph num="(a)"> <text>Any information pertaining to the enforcement of criminal laws or the administration of the penal system, including efforts of the Department of Public Safety and Correctional Services to prevent, investigate, control or reduce crime;</text> </paragraph> <paragraph num="(b)"> <text>Information contained in investigative materials kept for the purpose of investigating a specific violation of State law and maintained by a State agency whose principal function may be other than the enforcement of criminal law;</text> </paragraph> <paragraph num="(c)"> <text>Student and other educational records described in COMAR 13A.08.02.05N and 45 CFR §99.1 et seq;</text> </paragraph> <paragraph num="(d)"> <text>Information consisting only of names, addresses, telephone numbers and other limited factual data, which could not, in any reasonable way:</text> <paragraph num="(1)"> <text>reflect or convey anything detrimental, disparaging, or threatening to an individual's reputation, rights, benefits, privileges, or qualifications; or</text> </paragraph> <paragraph num="(2)"> <text>be used by an agency to make a determination that would affect an individual's rights, benefits, privileges, or qualifications.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Information contained in public records which are accepted by the State Archivist for deposit in the Maryland Hall of Records;</text> </paragraph> <paragraph num="(f)"> <text>Information contained in patient medical and psychological records at State medical facilities, hospitals or institutions, except that the extent of any routine sharing of personal information with other governmental agencies shall be disclosed in writing to the data subject;</text> </paragraph> <paragraph num="(g)"> <text>Information contained in applications for employment in State service, except that the extent of any routine sharing of personal information with other governmental agencies shall be disclosed in writing to the data subject; and</text> </paragraph> <paragraph num="(h)"> <text>Information gathered as part of formal research projects previously reviewed and approved by federally mandated Institutional Review Boards.</text> </paragraph> </paragraph> <paragraph num="6."> <text>Scope — This Executive Order is not intended to and may not be construed to confer any right, privilege or status on any private party cognizable by a court in any proceeding.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 24, 1983 (10:23 Md. R. 2055)</annotation> </annotations> </regulation> </chapter> <chapter num="1984" heading=""> <regulation prefix="Executive Order" num=".10" heading="Housing Policy for the State of Maryland"> <paragraph num="1."> <text>It is the policy of the State of Maryland to cooperate with the federal government, local governments, non-profit organizations, and the private sector to assure that every citizen of the State enjoys without discrimination the use of safe and decent housing, the cost of which does not place an unreasonable financial burden upon the individual or family.</text> </paragraph> <paragraph num="2."> <text>To the extent not inconsistent with law, all State governmental agencies shall be responsive to the housing policy set forth in this Order.</text> </paragraph> <paragraph num="3."> <text>This Executive Order does not create new substantive rights nor diminish any legal right under federal or State law, and it is not intended to and may not be construed to confer any right, privilege or status on any private party cognizable by a court.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 23, 1984 (11:25 Md. R. 2120)</annotation> </annotations> </regulation> </chapter> <chapter num="1985" heading=""> <regulation prefix="Executive Order" num=".04" heading="Martin State Airport"> <paragraph num="1."> <text>Executive Order 01.01.1975.05 naming the “Glenn L. Martin State Airport” is hereby rescinded.</text> </paragraph> <paragraph num="2."> <text>The State owned airport facility at Middle River, Maryland, is hereby renamed “Martin State Airport.”</text> </paragraph> <paragraph num="3."> <text>The Martin State Airport official designation for aeronautical purposes will be known as “MTN.”</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 19, 1985 (12:6 Md. R. 570)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".34" heading="Militia—Oaths of Enlistment or Appointment"> <text>The Adjutant General may authorize any federally recognized officer of the Armed Forces present at a Military Entrance Processing Station to administer oaths of enlistment or appointment to individuals entering the organized militia of this State.</text> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 16, 1985 (12:25 Md. R. 2451)</annotation> </annotations> </regulation> </chapter> <chapter num="1986" heading=""> <regulation prefix="Executive Order" num=".12" heading="INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES"> <paragraph num="1."> <paragraph num="(a)"> <text>Disability Rights Maryland, Inc., doing business as Maryland Disabilities Law Center, Inc., a private, non-profit corporation incorporated under Maryland law, was designated by Executive Orders 01.01.1977.07 and 01.01.1986.12 and continued to be designated as the official agency, for purposes of 42 U.S.C. §15041 et. seq., responsible for the implementation of the State system for the protection and advocacy of the rights of individuals with developmental disabilities.</text> </paragraph> <paragraph num="(b)"> <text>Disability Rights Maryland, Inc., shall perform the functions, duties, and responsibilities authorized to be performed or specifically delegated to it by the “State of Maryland Plan for a System to Protect the Individual Rights of and to Advocate for Persons with Developmental Disabilities under 42 U.S.C. §15041 et. seq.”</text> </paragraph> </paragraph> <paragraph num="2."> <text>After Disability Rights Maryland’s designation as the protection and advocacy system for the State of Maryland in Executive Orders 01.01.1977.07 and 01.01.1986.12, Congress established additional programs to create and fund legal advocacy programs for additional categories of individuals with disabilities and issue areas. Based on the designation in paragraph l(a) of this order, Disability Rights Maryland, Inc. is the eligible system, as defined in 42 U.S.C. §10802(2) and 29 U.S.C. §794e(m)(i), responsible for implementation of the state system for Protection and Advocacy of the Rights of Individuals with Mental Illness (PAIMI) and Protection and Advocacy of Individual Rights (PAIR).</text> </paragraph> <paragraph num="3."> <text>The designation of Disability Rights Maryland, Inc., as the official agency for purposes of 42 U.S.C. §15041 et. seq. shall continue unless amended, altered, or withdrawn by subsequent Executive Order.</text> </paragraph> </regulation> </chapter> <chapter num="1987" heading=""> <regulation prefix="Executive Order" num=".08" heading="Maryland State Planning Council on Developmental Disabilities (Amended COMAR 01.01.1973.08)"> <paragraph num="A."> <text>There is a Maryland State Planning Council on Developmental Disabilities within the Office for Handicapped Individuals in the Executive Branch of the Government</text> </paragraph> <paragraph num="B."> <text>Staff support for the Maryland State Planning Council on Developmental Disabilities shall be provided by the Office for Handicapped Individuals. Supervision of staff will be provided by the Council.</text> </paragraph> <paragraph num="C."> <text>Membership of the Council shall comply with federal mandates as follows:</text> <paragraph num="(1)"> <text>At least one-half of the Council membership shall consist of persons with developmental disabilities or their parents or guardians.</text> </paragraph> <paragraph num="(2)"> <text>At least one-third of this membership must consist of persons with developmental disabilities, or “primary consumers” and another one-third the immediate relatives or guardians of persons with mentally impairing developmental disabilities, or “secondary consumer.” At least one such individual must be the immediate relative or guardian of a developmentally disabled resident of an institution.</text> </paragraph> <paragraph num="(3)"> <text>The Director of the Division of Vocational Rehabilitation or his designee.</text> </paragraph> <paragraph num="(4)"> <text>The State Superintendent of Schools or his designee.</text> </paragraph> <paragraph num="(5)"> <text>The Secretary of the Department of Health and Mental Hygiene or his designee.</text> </paragraph> <paragraph num="(6)"> <text>The Secretary of the Department of Human Resources or his designee.</text> </paragraph> <paragraph num="(7)"> <text>A representative from the John F. Kennedy Institute for Handicapped Children, a university affiliated facility.</text> </paragraph> <paragraph num="(8)"> <text>A representative from the Maryland Disability Law Center, the protection and advocacy system.</text> </paragraph> <paragraph num="(9)"> <text>Remaining members should represent higher education training facilities, local agencies and nongovernmental agencies concerned with the provision of services to this population.</text> </paragraph> <paragraph num="(10)"> <text>The Director of the Office for Handicapped Individuals.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Maryland State Planning Council on Developmental Disabilities shall:</text> <paragraph num="(1)"> <text>Develop jointly with the Developmental Disabilities Administration of the Department of Health and Mental Hygiene the State plan required by the Federal Developmental Disabilities Act:</text> </paragraph> <paragraph num="(2)"> <text>Monitor, review and evaluate not less often than annually the implementation of such State plan:</text> </paragraph> <paragraph num="(3)"> <text>To the maximum extent feasible, review and comment on all State plans in the State which relate to programs affecting persons with developmental disabilities: and</text> </paragraph> <paragraph num="(4)"> <text>Submit to the Secretary of the Federal Department of Health and Human Services, through the Governor, such periodic reports on its activities as the Secretary may reasonably request, and keep such records and afford such access thereto as the Secretary finds necessary to verify such reports.</text> </paragraph> <paragraph num="(5)"> <text>Advocate, on behalf of developmentally disabled citizens within State Government.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Council shall promulgate and adopt a set of by-laws and operating procedures that are consistent with the intent of this Executive Order and these by-laws shall be on file in the Governor's appointment office.</text> </paragraph> <paragraph num="F."> <text>This Executive Order is effective immediately.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 25, 1973</annotation> <annotation type="History" subtype="Administrative History">Amended effective March 11, 1987 (14:8 Md. R. 919)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".11" heading="Maryland Emergency Response Commission"> <paragraph num="A."> <text>The Maryland Emergency Management Advisory Council, established under Section 5 of Article 16A of the Annotated Code of Maryland, is hereby designated to serve as the Maryland Emergency Response Commission under Title III of the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499).</text> </paragraph> <paragraph num="B."> <text>The Maryland Emergency Response Commission shall have all duties and responsibilities, and powers and authorities, as mandated by Title III of the Superfund Amendments and Reauthorization Act of 1986.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: April 14, 1987 (14:10 Md. R. 1158)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".19" heading="Maryland State Agency for Surplus Property (Rescinded COMAR 01.01.1977.09)"> <paragraph num="A."> <text>The Maryland State Agency for Surplus Property, including but not limited to its allocated positions, inventory, working capital reserve, real and personal property and surplus property trust fund, is hereby transferred from the University of Maryland to the Department of General Services.</text> </paragraph> <paragraph num="B."> <text>The Department of General Services shall have all duties, responsibilities, powers, and authorities to carry out the disposition of Federal surplus personal property in Maryland through the Maryland State Agency for Surplus Property in accordance with Public Law 94-519.</text> </paragraph> <paragraph num="C."> <text>The effective date of this Executive Order is July 1, 1987.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1987 (14:18 Md. R. 1851)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".22" heading="Asbestos Oversight Committee"> <paragraph num="A."> <text>Asbestos Oversight Committee.</text> <paragraph num="(1)"> <text>There is an Asbestos Oversight Committee in the Executive Branch. This Committee is tasked to define the status of the asbestos situation in the State with respect to its employees and facilities and to develop and implement an asbestos management plan and appropriate policies to effectively address and resolve any related asbestos issues.</text> </paragraph> <paragraph num="(2)"> <text>The Asbestos Oversight Committee consists of Secretaries or designees, from the following Departments:</text> <paragraph num="(a)"> <text>The Department of the Environment;</text> </paragraph> <paragraph num="(b)"> <text>The Department of Licensing and Regulation;</text> </paragraph> <paragraph num="(c)"> <text>The Department of General Services;</text> </paragraph> <paragraph num="(d)"> <text>The Department of Personnel;</text> </paragraph> <paragraph num="(e)"> <text>The Department of State Planning;</text> </paragraph> <paragraph num="(f)"> <text>Two public members appointed by the Governor; and</text> </paragraph> <paragraph num="(g)"> <text>A designee of the Speaker of the House of Delegates and a designee of the President of the Senate to represent the General Assembly's interests in asbestos-related matters involving Legislative facilities.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Committee may invite participation by representatives of other State agencies having an interest in the asbestos management issue.</text> </paragraph> <paragraph num="(4)"> <text>The Committee shall meet at least quarterly each year, and more often as necessary, and shall:</text> <paragraph num="(a)"> <text>Develop and annually update an Asbestos Management Plan, which shall consist of:</text> <paragraph num="(i)"> <text>A safety, health and equipment program;</text> </paragraph> <paragraph num="(ii)"> <text>A training and medical monitoring program;</text> </paragraph> <paragraph num="(iii)"> <text>A Statewide operations and maintenance program; and</text> </paragraph> <paragraph num="(iv)"> <text>An Asbestos Abatement Plan which includes a prioritized schedule of abatement activities; projected costs, based upon criteria established in advance by the full committee; and criteria for managing asbestos projects which may require significant renovations, as well as renovation projects which may require significant asbestos abatement.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Review, evaluate and promulgate asbestos policy, procedures and practices consistent with existing COMAR, EPA, OSHA and MOSH Regulations.</text> </paragraph> <paragraph num="(c)"> <text>Evaluate asbestos abatement project proposals and establish abatement contract guidelines and criteria for State-owned facilities;</text> </paragraph> <paragraph num="(d)"> <text>Develop and present to the Governor and the General Assembly by the first day of October each year, a consolidated budget for asbestos management for State facilities that also sets forth the relevant portions of the operating budget of any agency responsible for asbestos management activities, priorities and describes abatement and safety projects, and is consistent with the Asbestos Management Plan.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>When the members of the Committee have prepared the Asbestos Management Plan, the Chairperson shall forward the plan to the Governor for approval.</text> </paragraph> <paragraph num="(6)"> <text>Prior to each legislative session, the Asbestos Oversight Committee shall present a report to the Governor and the General Assembly on the Asbestos Management Plan for State facilities, the activities of the Committee and the current status of the program.</text> </paragraph> <aftertext>The Chair of the Committee shall be the Secretary, Department of the Environment, or designee.</aftertext> </paragraph> <paragraph num="B."> <text>Departmental Responsibilities.</text> <paragraph num="(1)"> <text>It is the responsibility of all department heads to cooperate fully with the Asbestos Oversight Committee in the implementation of this program.</text> </paragraph> <paragraph num="(2)"> <text>Each agency designated in Section A(2) of this order is responsible for providing competent and knowledgeable representation to the Committee. Other departments and agencies not listed in Section A(2) are also expected to render assistance, expertise and other resources upon the request of the Committee.</text> </paragraph> <paragraph num="(3)"> <text>Any staff loaned to the Committee shall be paid by the agency that employs them, except for permanent staff authorized pursuant to Sections A(4) and A(5) of this order.</text> </paragraph> <paragraph num="(4)"> <text>Certain departments shall be assigned specific program responsibilities by way of this Order. Those responsibilities shall be carried out in accordance with directions provided by the Asbestos Oversight Committee.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Safety and Health Program.</text> <paragraph num="(1)"> <text>Safety and Health.</text> <paragraph num="(a)"> <text>State employees shall be required to work with asbestos only when that work is incidental, but necessary, for the performance of their normal duties and responsibilities and where the amount of asbestos to be removed is less than 160 square feet per building per year, or less than 260 linear feet per building per year if the asbestos is in the form of pipe insulation. Projects exceeding those limitations shall be contracted out to firms licensed to perform asbestos work.</text> </paragraph> <paragraph num="(b)"> <text>Each agency or facility head shall be responsible to the department or agency head for implementation of the Asbestos Safety and Health Program.</text> </paragraph> <paragraph num="(c)"> <text>The head of each facility shall appoint a facility Asbestos Safety and Health Specialist who shall be responsible to the facility head for the implementation of the Asbestos Safety and Health Program.</text> </paragraph> <paragraph num="(d)"> <text>The Safety and Health Committees shall be formed for each department and/or individual facility. Each coordinator and safety specialist shall consult the Department of Licensing and Regulation for assistance and consultation on matters relating to the formation and organization of such committees.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Equipment.</text> <paragraph num="(a)"> <text>Each department and State agency shall equip its employees with appropriate respiratory protection equipment and protective clothing where there is the possibility of ingesting or inhaling asbestos or of skin or clothing contamination with asbestos.</text> </paragraph> <paragraph num="(b)"> <text>Type “C” pressure demand supplied air respirators with full facepieces approved by the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health described in the Asbestos Safety and Health Program Policy and Procedures Manual shall be used by employees performing Level II type activities.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Secretary of Licensing and Regulation is responsible for coordinating the safety and equipment provisions of this section, and exceptions to any provisions of this section can be authorized only by the Secretary of Licensing and Regulation or his designee, or by the full committee.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Medical Monitoring and Training Program.</text> <paragraph num="(1)"> <text>Medical Monitoring Requirements.</text> <paragraph num="(a)"> <text>The Secretary of the Department of the Environment shall oversee the preplacement, periodic and post-employment examinations in accordance with the Asbestos Safety and Health Program for Level II employees described in Section D(2)(c) of this Executive Order.</text> </paragraph> <paragraph num="(b)"> <text>Participation in the Medical Monitoring Program.</text> <paragraph num="(i)"> <text>Employees agreeing to work in positions which involve incidental exposure to asbestos, after successfully completing a formal asbestos training program, must participate in the medical monitoring program.</text> </paragraph> <paragraph num="(ii)"> <text>An employee who participates in the medical monitoring program, but refuses any or all components of the examination, shall be advised that the refusal may compromise his health status.</text> </paragraph> <paragraph num="(iii)"> <text>If an employee refuses to work with asbestos, he or she will not be eligible for medical monitoring, except as provided in subsection(1)(e) of this section. The refusal shall be documented.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Discrimination involving Medical Examination. Any employee found to be unable to wear a respirator, or who is otherwise unfit for potential asbestos exposure, may not be permitted to work with asbestos. The employee may not be subjected to adverse personnel action because of his or her inability to be exposed to asbestos.</text> </paragraph> <paragraph num="(d)"> <text>Partial Disability Involving Asbestos-Related Disease. If an employee's disability is detected during asbestos medical monitoring, reasonable accommodations shall be made for the employee so far as is practicable up to and including job transfers.</text> </paragraph> <paragraph num="(e)"> <text>Past Exposure to Asbestos. If an employee can document in writing previous Level II exposure as a State employee but no longer works with asbestos, he or she may volunteer for medical monitoring from the State.</text> </paragraph> <paragraph num="(f)"> <text>Confidentiality of Medical Data.</text> <paragraph num="(i)"> <text>The confidentiality of all medical records will be assured by maintaining medical records separate from personnel records and limiting access to those records only to medical personnel, the employee and the employee's designated representative.</text> </paragraph> <paragraph num="(ii)"> <text>Any reports to management concerning medical examinations for the purpose of carrying out the Asbestos Safety and Health Program will contain only aggregate data with all personal identifiers removed. Each individual report of duty status shall state whether the worker is able to wear a respirator. No other medical findings or information will be included in these reports.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Training Requirements.</text> <paragraph num="(a)"> <text>Level I and Level II employees shall attend asbestos training from, or approved by, the Department of the Environment.</text> </paragraph> <paragraph num="(b)"> <text>Level I employees are those workers employed in positions with the potential for asbestos exposure because of work-related activities or location, but who are not required to break, cut into, tear out or otherwise disturb asbestos or asbestos-containing materials.</text> </paragraph> <paragraph num="(c)"> <text>Level II employees are those workers employed in positions whose job activity may cause them to break, cut into, tear out or otherwise disturb asbestos-containing materials, or who must work in areas where this activity takes place.</text> </paragraph> <paragraph num="(d)"> <text>A Level II employee may not work with asbestos until he or she has attended the appropriate asbestos safety and health training and successfully completed training requirements.</text> </paragraph> <paragraph num="(e)"> <text>The asbestos safety and health training standards shall be developed by the Secretary of the Department of the Environment in consultation with both the Maryland Occupational Safety and Health Administration and representatives of these State employees who are or may be exposed to asbestos.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Secretary of the Department of the Environment is responsible for implementation and coordination of the medical monitoring and training provisions of the Asbestos Safety and Health Program.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Operations and Maintenance.</text> <paragraph num="(1)"> <text>There shall be, as part of the Asbestos Management Plan, an operations and maintenance program. The program shall consist of the following elements:</text> <paragraph num="(a)"> <text>A procedure for identifying and locating asbestos in State-owned buildings, and for assessing the condition and type of asbestos present in those buildings.</text> </paragraph> <paragraph num="(b)"> <text>A statewide project schedule for asbestos abatement using priority criteria developed by the Committee. The schedule shall also contain estimates of cost for such projects based upon the most current financial, health, physical characteristics and other information available.</text> </paragraph> <paragraph num="(c)"> <text>A procedure for performing recurrent surveys and inspections of known asbestos contamination for the purpose of discovering deteriorating conditions and to provide data for use in updating item(a) and (b) above.</text> </paragraph> <paragraph num="(d)"> <text>Guidelines for the preparation of contracts for the abatement of asbestos hazards by outside contractors to ensure that the work is properly prioritized, scheduled and stated in the scope of the work section; that safe and acceptable work practices are to be followed by the contractor; and that contracts are consistent with the Asbestos Management Plan.</text> </paragraph> <paragraph num="(e)"> <text>Guidelines for the development of site-specific asbestos operations and maintenance plans.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Operations and Maintenance Program shall be implemented pursuant to this Order and consistent with standards set forth in the State of Maryland Asbestos Safety and Health Program Policy and Procedures Manual and other relevant standards, regulations and statutes.</text> </paragraph> <paragraph num="(3)"> <text>Responsibility for implementation of the operations and maintenance program shall be shared as follows:</text> <paragraph num="(a)"> <text>The Secretary/Head of each Department/Agency/Facility shall be responsible for development, implementation and management of an operations and maintenance program specific to the Agency/Facility, including:</text> <paragraph num="(i)"> <text>The periodic conduct of inspections and surveys of known asbestos contamination;</text> </paragraph> <paragraph num="(ii)"> <text>Performance of repair and maintenance of asbestos-containing material by Level II employees;</text> </paragraph> <paragraph num="(iii)"> <text>The application of appropriate abatement practices, including the monitoring of contractors; and</text> </paragraph> <paragraph num="(iv)"> <text>Notification of Departmental Coordinators and other appropriate parties of changes in the condition of asbestos contamination.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Asbestos Oversight Committee shall:</text> <paragraph num="(i)"> <text>Maintain and update the State of Maryland Asbestos Safety and Health Program Policy and Procedures Manual;</text> </paragraph> <paragraph num="(ii)"> <text>Develop and maintain a priority list of abatement projects to be accomplished each year;</text> </paragraph> <paragraph num="(iii)"> <text>Annually prepare a budget for asbestos abatement projects; and</text> </paragraph> <paragraph num="(iv)"> <text>Evaluate and authorize changes to the operations and maintenance program in any current fiscal year.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The Department of General Services shall:</text> <paragraph num="(i)"> <text>Assist Departments/Agencies in contracting for asbestos abatement activities in accordance with State finance and procurement laws;</text> </paragraph> <paragraph num="(ii)"> <text>Manage funds appropriated to the Asbestos Oversight Committee for asbestos abatement projects;</text> </paragraph> <paragraph num="(iii)"> <text>Maintain records to document asbestos abatement projects accomplished by Department/Agencies; and</text> </paragraph> <paragraph num="(iv)"> <text>Develop guidelines for the preparations of contracts for asbestos abatement to ensure that the work is properly prioritized and described.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>The Department of the Environment shall:</text> <paragraph num="(i)"> <text>Assist in the inspection and evaluation of asbestos hazards;</text> </paragraph> <paragraph num="(ii)"> <text>Assist in the review of asbestos abatement contracts;</text> </paragraph> <paragraph num="(iii)"> <text>Provide advice and consultation concerning potential health hazards associated with asbestos contamination; and</text> </paragraph> <paragraph num="(iv)"> <text>Provide the Oversight Committee with reports of evaluations and inspections indicating the compliance for inclusion in periodic reports to the Governor and for any other purpose as needed by the Oversight Committee and its chairman.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Personnel Practices. The Secretary of Personnel shall oversee the interpretation and application of personnel practices involving salaries and wages, incentive pay, classification and job evaluation, employee relations, recruitment and examination and other personnel activities which are related to asbestos and consistent with Merit System Law and Regulations.</text> </paragraph> <paragraph num="G."> <text>Enforcement Authority.</text> <paragraph num="(1)"> <text>By virtue of this Order, the Asbestos Oversight Committee has full power and authority to implement and enforce all provisions of the Asbestos Management Program.</text> </paragraph> <paragraph num="(2)"> <text>The Committee is empowered to prepare and administer a program budget; to promulgate policy and regulations; to take testimony; to subpoena witnesses; and to issue findings of fact and recommendations.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 4, 1987 (14:25 Md. R. 2613)</annotation> </annotations> </regulation> </chapter> <chapter num="1988" heading=""> <regulation prefix="Executive Order" num=".15" heading="Maryland's Infants and Toddlers Program"> <paragraph num="A."> <text>The Maryland Infants and Toddlers Program is established within the Executive Department. Its purpose is to plan, develop, and implement a comprehensive and statewide, interagency system of early intervention services in Maryland which will incorporate the policies and procedures for the required components.</text> </paragraph> <paragraph num="B."> <text>The Subcabinet for Children and Youth shall monitor the Infants and Toddlers Program and insure interagency coordination and delivery of early intervention services;</text> </paragraph> <paragraph num="C."> <text>The Maryland State Department of Education shall be designated the lead agency in accordance with the requirement for a single line of responsibility for the following purposes:</text> <paragraph num="(1)"> <text>The general administration, supervision, and monitoring of programs and activities receiving assistance;</text> </paragraph> <paragraph num="(2)"> <text>The identification and coordination of all available resources within the State from federal, state, local and private sources;</text> </paragraph> <paragraph num="(3)"> <text>The assignment of financial responsibility to the appropriate agency;</text> </paragraph> <paragraph num="(4)"> <text>The development of procedures to ensure that services are provided to handicapped infants and toddlers and their families in a timely manner pending the resolution of any disputes among public agencies or service providers;</text> </paragraph> <paragraph num="(5)"> <text>The resolution of intra and interagency disputes; and</text> </paragraph> <paragraph num="(6)"> <text>The entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services and procedures for resolving disputes and that include all additional components necessary to ensure meaningful cooperation and coordination.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Maryland State Interagency Coordinating Council shall be established to advise and assist the Maryland State Department of Education in the development of the State Plan and in the performance of their lead agency responsibilities, preparation of applications, and shall submit an annual report to the Governor.</text> </paragraph> <paragraph num="E."> <text>The Interagency Coordinating Council shall consist of fifteen members, including parents of handicapped infants and toddlers, public and private providers of early intervention services, representatives from the General Assembly, representatives of personnel preparation programs, and the Departments of Health and Mental Hygiene, Human Resources, and Education.</text> </paragraph> <paragraph num="F."> <text>State executive branch agencies shall, to the maximum extent possible, assist the Infants and Toddlers Program to implement the minimum components of the State Plan as required in P.L. 990457, Part H.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 25, 1988 (15:24 Md. R. 2745)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".16" heading="Chesapeake Bay Communications Coordinating Office"> <paragraph num="A."> <text>There is a Chesapeake Bay Communications Coordinating Office within the Executive Department.</text> </paragraph> <paragraph num="B."> <text>The Office shall be responsible for:</text> <paragraph num="(1)"> <text>Coordinating State communication plans as outlined in the Maryland Chesapeake Bay Communication Plan;</text> </paragraph> <paragraph num="(2)"> <text>Promoting public information, education, and participation activities designed to involve citizens in cleaning up the Chesapeake Bay; and</text> </paragraph> <paragraph num="(3)"> <text>Coordinating media campaigns to increase public awareness and participation in the clean up of the Chesapeake Bay.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Departments of Agriculture, Environment, and Natural Resources shall transfer positions, appropriations, and assets to support the Office.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 14, 1988 (15:26 Md. R. 2973)</annotation> </annotations> </regulation> </chapter> <chapter num="1989" heading=""> <regulation prefix="Executive Order" num=".15" heading="State Employees Risk Management Administration"> <paragraph num="A."> <text>There is a State Employees Risk Management Administration.</text> </paragraph> <paragraph num="B."> <text>The State Employees Risk Management Administration shall be located as a program of the Maryland State Accident Fund, (“The Fund”), an independent agency which will coordinate its efforts with the Office of the Governor.</text> </paragraph> <paragraph num="C."> <text>The Fund will be responsible for planning, designing, implementing, controlling, and evaluating the provisions of this Executive Order, including the State Employees Risk Management Administration.</text> </paragraph> <paragraph num="D."> <text>The Fund shall maintain all case files and compile an adequate data base to carry out the intent of this Executive Order.</text> </paragraph> <paragraph num="E."> <text>The Fund shall establish education and training programs to inform all State Departments and Agencies of their responsibilities under provisions of this Executive Order.</text> </paragraph> <paragraph num="F."> <text>There is a Maryland State Employees Risk Management Advisory Council (“Council”) that consists of representatives of the Governor and members and designees of the following State agencies:</text> <paragraph num="(1)"> <text>Governor;</text> </paragraph> <paragraph num="(2)"> <text>Department of Personnel;</text> </paragraph> <paragraph num="(3)"> <text>Department of Budget and Fiscal Planning;</text> </paragraph> <paragraph num="(4)"> <text>Department of Transportation;</text> </paragraph> <paragraph num="(5)"> <text>Department of Public Safety and Correctional Services; and</text> </paragraph> <paragraph num="(6)"> <text>Department of Licensing and Regulation.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Each department, independent agency, or other designated unit of State government is required to designate or appoint a coordinator to assist in carrying out the intent of this Executive Order.</text> </paragraph> <paragraph num="H."> <text>There is a Statewide Employees Risk Management Committee, comprised of designated coordinators of each department, independent agency, or unit of State government. This Committee shall interact with the Council and the Fund, and shall serve to further ensure compliance with the intent of this Executive Order.</text> </paragraph> <paragraph num="I."> <text>All departments, independent agencies, or other designated units of State government shall annually conduct a Risk Assessment Survey (“RAS”), which shall include all facilities and worksites, as well as an identification and assessment of those jobs considered as having a high degree of risk or potential for occupational injury.</text> </paragraph> <paragraph num="J."> <text>This Executive Order on managing occupational injuries in Maryland State government shall be interpreted and implemented consistent with the efforts of established State health and safety programs. Agency and department heads shall utilize existing management functions and programs to expand and improve their efficiency in managing risks within their respective units.</text> </paragraph> <paragraph num="K."> <text>Each State department, independent agency, or other designated unit of State Government shall develop written guidelines including policy and necessary rules and regulations covering specific program elements that are considered essential to standardize accident prevention and loss control programs.</text> </paragraph> <paragraph num="L."> <text>This Order and resultant programs, policies, and procedures require the cooperation of all State employees as the State moves towards a healthy work environment.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: August 11, 1989</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".18" heading="Drug and Alcohol Free Workplace (Non-State Entities)"> <paragraph num="A."> <text>General Policy. The State of Maryland is committed to encouraging all non-State entities that do business with the State or that otherwise receive funds from the State to make a good faith effort to eliminate illegal drug use and alcohol and drug abuse from their workplaces.</text> </paragraph> <paragraph num="B."> <text>Definitions. In this Executive Order, the following words have the meanings indicated.</text> <paragraph num="(1)"> <text>“Abuse” means:</text> <paragraph num="(a)"> <text>The use of alcohol when it may impair job performance or endanger the safety of others in the workplace;</text> </paragraph> <paragraph num="(b)"> <text>The use of any illegal drug;</text> </paragraph> <paragraph num="(c)"> <text>The use of any over-the-counter drug when the user knows or should know that it may impair job performance or endanger the safety of others in the workplace; or</text> </paragraph> <paragraph num="(d)"> <text>The use of any prescription drug in a manner or under circumstances that the user knows or should know is inconsistent with its medically prescribed, intended use.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Alcohol” means ethyl alcohol or ethanol.</text> </paragraph> <paragraph num="(3)"> <text>“Drug” means:</text> <paragraph num="(a)"> <text>A controlled dangerous substance as defined in Article 27, §277 of the Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>Any substance, other than alcohol, caffeine, food or tobacco, that when taken into the body may impair one's mental faculties or change one's mood or physical performance.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Drug and alcohol free workplace” means a workplace in which every employee is expressly prohibited from:</text> <paragraph num="(a)"> <text>Abusing alcohol and drugs; and</text> </paragraph> <paragraph num="(b)"> <text>Manufacturing, distributing, dispensing or possessing illegal drugs.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Employee” means every employee, agent, servant, etc., of the recipient whose position is funded in whole or in part with State funds or who works on a project funded in whole or in part with State funds. “Employee” includes owners who themselves are performing any activity funded in whole or in part with State funds.</text> </paragraph> <paragraph num="(6)"> <text>“Recipient” means an individual, a sole proprietorship, a partnership, a corporation, a joint venture or any other entity that has been awarded or is a candidate or applicant for a State contract, grant, loan, or other State funds for use in the workplace. “Recipient” includes not-for-profit entities and governmental entities.</text> </paragraph> <paragraph num="(7)"> <text>“Workplace” means any place at which work is performed in accordance with the terms of a State contract, grant, loan or other instrument that governs the receipt of State funds.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Responsibilities of the Board of Public Works. The Secretary of the Board of Public Works shall cause to be prepared for the Board's consideration, pursuant to its statutory authority to control State procurement and to award or approve the disbursement of certain State contracts, grants, loans, and other funds for the workplace, in accordance with applicable federal and State law, regulations requiring the recipients of those funds to establish a drug and alcohol free workplace program. Those regulations shall include:</text> <paragraph num="(1)"> <text>Provisions that require each recipient to maintain a workplace free of drug and alcohol abuse during the term of the contract, grant, loan, or other receipt of State funds;</text> </paragraph> <paragraph num="(2)"> <text>Provisions that prohibit the unlawful manufacture, distribution, dispensation, possession, or use of drugs in the workplace of a recipient;</text> </paragraph> <paragraph num="(3)"> <text>Provisions that prohibit employees of a recipient from working under the influence of alcohol or drugs;</text> </paragraph> <paragraph num="(4)"> <text>Provisions that prohibit the recipient from hiring or assigning to work on an activity funded in whole or in part with State funds, anyone whom the recipient or the hiring official of the recipient knows, or in the exercise of due diligence should know, currently abuses alcohol or drugs and is not actively engaged in a bona fide rehabilitation program;</text> </paragraph> <paragraph num="(5)"> <text>Provisions that require each recipient to promptly inform the appropriate law enforcement agency of every drug related crime that occurs in its workplace if the recipient or an employee of the recipient has observed the violation or otherwise has reliable information that a violation has occurred;</text> </paragraph> <paragraph num="(6)"> <text>Provisions that require recipients to establish drug free and alcohol abuse awareness programs, to notify employees of the availability of such programs, to impose sanctions on employees who abuse drugs and alcohol in the workplace, and to institute steps to maintain a drug and alcohol free workplace;</text> </paragraph> <paragraph num="(7)"> <text>Provisions that make the receipt of State contracts, grants, loans, or other funds awarded through or approved by the Board of Public Works conditional upon compliance with the regulations adopted pursuant to this Executive Order;</text> </paragraph> <paragraph num="(8)"> <text>Provisions for the discretionary termination of a State contract, grant, loan or other award of State funds to a recipient who violated those regulations;</text> </paragraph> <paragraph num="(9)"> <text>Provisions for the discretionary suspension or debarment of a recipient who violates those regulations; and</text> </paragraph> <paragraph num="(10)"> <text>Such other drug and alcohol free workplace requirements as the Board of Public Works, in the exercise of its lawful authority, finds necessary or desirable to protect the interests of the State in the award and administration of State contracts, grants, loans or other State funds awarded by or subject to the approval of the Board.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Responsibilities of Agency Heads. The head of each Executive Branch agency shall take whatever action is necessary and appropriate to impose, in accordance with applicable federal and State law, on each recipient of a State contract, grant, loan or other State funding instrument that is administered by the agency and not subject to the Board of Public Works' drug and alcohol free workplace regulations requirements that are substantially the same as those adopted by the Board.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 28, 1989 (16:26 Md. R. 2779)</annotation> </annotations> </regulation> </chapter> <chapter num="1990" heading=""> <regulation prefix="Executive Order" num=".13" heading="Maryland Main Street Designation Program"> <paragraph num="A."> <text>The “Maryland Main Street Designation” Program is hereby established within the Department of Housing and Community Development and will provide recognition and designation of certain commercial areas within the State as “Maryland Main Street” areas, and the Secretary of Housing and Community Development is hereby directed to consult with the Secretaries of Transportation, Natural Resources and Employment and Economic Development in the development of the program.</text> </paragraph> <paragraph num="B."> <text>The Department of Transportation through its State Highway Administration is hereby directed to work in cooperation with the Department of Housing and Community Development to accommodate special design needs in areas designated as “Maryland Main Streets” and in historic districts that have been listed by the Maryland Historical Trust in the Maryland Register of Historic Properties pursuant to Article 83B, §5-615 of the Annotated Code or have been established by a county or municipality pursuant to Article 66B, Title 8, or other applicable provisions of the Annotated Code.</text> </paragraph> <paragraph num="C."> <text>The Department of Employment and Economic Development, through its tourism and promotional activities, is hereby directed to provide special marketing and promotional assistance as well as assistance which may be available through relevant programs of its Department to areas and communities containing designated “Maryland Main Streets.”</text> </paragraph> <paragraph num="D."> <text>The Department of Natural Resources through its programs related to State open space, open areas, and State waters is hereby directed to work cooperatively with the Department of Housing and Community Development to assist areas designated as “Maryland Main Streets” which border on or otherwise affect State waters, open space, or open areas, as those terms are defined in Title 8, Subtitle 1, and Title 5, Subtitle 12 of the Natural Resources Article.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 16, 1990 (17:18 Md. R. 2166)</annotation> </annotations> </regulation> </chapter> <chapter num="1991" heading=""> <regulation prefix="Executive Order" num=".18" heading="Office of Administrative Hearings (Amended COMAR 01.01.1989.21)"> <paragraph num="A."> <text>Exemptions Relating to Federal Approval Process.</text> <paragraph num="(1)"> <text>The following contested cases of the following departments are temporarily exempted from the provisions of Chapter 788 of the Acts of 1989 until 15 days after their receipt of the necessary federal approvals or waivers:</text> <paragraph num="(a)"> <text>Maryland Occupational Safety and Health hearings within the Department of Licensing and Regulation;</text> </paragraph> <paragraph num="(b)"> <text>Medicaid hearings within the Department of Health and Mental Hygiene;</text> </paragraph> <paragraph num="(c)"> <text>Aid to Families with Dependent Children, child welfare, foster care and adoption program hearings (Titles IV-A, IV-B and IV-E of the Social Security Act) within the Department of Human Resources; and</text> </paragraph> <paragraph num="(d)"> <text>Disability Determination hearings within the State Department of Education.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The State Superintendent of Schools and the Secretaries of Licensing and Regulation, Health and Mental Hygiene and Human Resources shall request the necessary approvals and waivers from the federal government, and shall advocate for an expeditious and affirmative federal response. The Superintendent and Secretaries shall keep the Chief Administrative Law Judge informed of the status of their requests and the Chief Administrative Law Judge shall provide assistance as necessary to ensure a prompt and favorable federal response.</text> </paragraph> <paragraph num="(3)"> <text>The Superintendent and the Secretaries shall notify the Governor and the Chief Administrative Law Judge immediately upon receipt of any federal response.</text> </paragraph> <paragraph num="(4)"> <text>All other contested case hearings of the Departments of Licensing and Regulation, Health and Mental Hygiene and Human Resources and the State Department of Education shall be heard pursuant to Chapter 788 of the Acts of 1989.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Department of Economic and Employment Development.</text> <paragraph num="(1)"> <text>Contested case hearings regarding Unemployment Insurance are temporarily exempted through June 30, 1992, from the provisions of Chapter 788 of the Acts of 1989.</text> </paragraph> <paragraph num="(2)"> <text>The State Advisory Council on Administrative Hearings shall study the advisability of the temporary exemption for Unemployment Insurance hearings and shall submit a report and recommendation to the Governor continuing the temporary exemption through June 30, 1994.</text> </paragraph> <paragraph num="(3)"> <text>All other contested hearings of the Department of Economic and Employment Development shall be heard pursuant to Chapter 788 of the Acts of 1989.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Public Information Act Hearings. All Public Information Act hearings pursuant to §10-622 of the State Government Article of all agencies, except those expressly exempt by Chapter 788 of the Acts of 1989, shall be heard by an administrative law judge unless the hearing is conducted by the agency head, a board or a commission.</text> </paragraph> <paragraph num="D."> <text>Agencies Covered by the Act. Except as set forth in paragraphs A and B above, the contested case hearings of the following agencies shall be conducted by administrative law judges unless the hearing is conducted by the agency head, a board or a commission:</text> <paragraph num="(1)"> <text>Board of Public Works;</text> </paragraph> <paragraph num="(2)"> <text>Department of Agriculture;</text> </paragraph> <paragraph num="(3)"> <text>Department of Budget and Fiscal Planning;</text> </paragraph> <paragraph num="(4)"> <text>Department of Economics and Employment Development;</text> </paragraph> <paragraph num="(5)"> <text>Department of Environment;</text> </paragraph> <paragraph num="(6)"> <text>Department of Health and Mental Hygiene;</text> </paragraph> <paragraph num="(7)"> <text>Department of Housing and Community Development;</text> </paragraph> <paragraph num="(8)"> <text>Department of Human Resources;</text> </paragraph> <paragraph num="(9)"> <text>Department of Juvenile Services;</text> </paragraph> <paragraph num="(10)"> <text>Department of Licensing and Regulation;</text> </paragraph> <paragraph num="(11)"> <text>Department of Natural Resources;</text> </paragraph> <paragraph num="(12)"> <text>Department of Personnel;</text> </paragraph> <paragraph num="(13)"> <text>Department of Public Safety and Correctional Services;</text> </paragraph> <paragraph num="(14)"> <text>Department of Transportation;</text> </paragraph> <paragraph num="(15)"> <text>Human Relations Commission;</text> </paragraph> <paragraph num="(16)"> <text>Maryland Tax Court;</text> </paragraph> <paragraph num="(17)"> <text>Office of the Attorney General;</text> </paragraph> <paragraph num="(18)"> <text>Office on Aging;</text> </paragraph> <paragraph num="(19)"> <text>Securities Division;</text> </paragraph> <paragraph num="(20)"> <text>State Department of Education;</text> </paragraph> <paragraph num="(21)"> <text>State Retirement and Pension Systems; and</text> </paragraph> <paragraph num="(22)"> <text>The State Treasurer.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Agencies Currently Unaffected by Chapter 788.</text> <paragraph num="(1)"> <text>The following agencies currently either(i) do not conduct contested case hearings or (ii) do not use hearing officers, but have the case heard by the agency head, a board or a commission; and, therefore, are not currently affected by Chapter 788 of the Acts of 1989:</text> <paragraph num="(a)"> <text>Department of Assessments and Taxation;</text> </paragraph> <paragraph num="(b)"> <text>Board of Public Works (State Wetlands matters);</text> </paragraph> <paragraph num="(c)"> <text>Department of Budget and Fiscal Planning (nonpayment of pension fund cases only);</text> </paragraph> <paragraph num="(d)"> <text>Department of General Services;</text> </paragraph> <paragraph num="(e)"> <text>Department of Juvenile Services (intake officer functions only);</text> </paragraph> <paragraph num="(f)"> <text>Maryland Automobile Insurance Fund;</text> </paragraph> <paragraph num="(g)"> <text>Maryland State Lottery Commission;</text> </paragraph> <paragraph num="(h)"> <text>Military Department;</text> </paragraph> <paragraph num="(i)"> <text>Office of the Attorney General--Consumer Protection Division arbitrations;</text> </paragraph> <paragraph num="(j)"> <text>Property Tax Assessment Appeals Board;</text> </paragraph> <paragraph num="(k)"> <text>Secretary of State;</text> </paragraph> <paragraph num="(l)"> <text>State Accident Fund;</text> </paragraph> <paragraph num="(m)"> <text>State Administrative Board of Election Laws;</text> </paragraph> <paragraph num="(n)"> <text>State Archivist/Commissioner of Land Patents;</text> </paragraph> <paragraph num="(o)"> <text>State Board of Contract Appeals; and</text> </paragraph> <paragraph num="(p)"> <text>Subsequent Injury Fund.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the circumstances for any agency listed in paragraph E(1) above change so that the agency conducts contested case hearings, Chapter 788 of the Acts of 1989 shall apply to the agency unless the agency head, a board or a commission conducts the hearing.</text> </paragraph> </paragraph> <paragraph num="F."> <text>All Other State Agencies. All other State agencies, if any, that are not mentioned in paragraphs A through E are temporarily exempt.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1990 (17:2 Md. R. 141)</annotation> <annotation type="History" subtype="Administrative History">Amended effective July 1, 1991 (18:15 Md. R. 1690)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".19" heading="40 Hour Work Week (Amended COMAR 01.01.1991.01 and 01.01.1991.15)"> <paragraph num="A."> <text>The normal work week for State employees shall be 40 hours effective as follows:</text> <paragraph num="(1)"> <text>Contract payroll employees, July 3, 1991;</text> </paragraph> <paragraph num="(2)"> <text>Regular payroll employees, July 10, 1991; and</text> </paragraph> <paragraph num="(3)"> <text>University payroll employees, July 14, 1991.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Secretary of Personnel and the appointing authorities shall take all actions necessary or desirable to implement this directive.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 8, 1991 (18:2 Md. R. 79)</annotation> <annotation type="History" subtype="Administrative History">Amended effective February 27, 1991 (18:6 Md. R. 660); June 24, 1991 (18:15 Md. R. 1691)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".20" heading="Conservation of Paper by Units of State Government"> <paragraph num="A."> <text>To the greatest extent practicable, within State agencies, photocopied and printed reproductions of original multi-page documents should be made utilizing both sides of a sheet of paper.</text> </paragraph> <paragraph num="B."> <text>The head of each unit of State government shall develop and implement approved plans outlining procedures designed to achieve this goal. These plans shall also include other reasonable procedures to be implemented for the purpose of reducing paper consumption in State government.</text> </paragraph> <paragraph num="C."> <text>The head of each unit of State government is responsible for enforcing this Executive Order and shall inform the Governor of the date the approved procedures are fully in effect within their unit.</text> </paragraph> <paragraph num="D."> <text>Whenever economically practical, the Secretary of General Services shall insure that procurement officials specify photocopy machines which have the capability to perform two-sided photocopying.</text> </paragraph> <paragraph num="E."> <text>The Executive Order shall be effective immediately.</text> </paragraph> <paragraph num="F."> <text>All units of the Legislative and the Judicial Branches of Maryland State Government are invited to participate in this conservation measure.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: June 25, 1991 (18:15 Md. R. 1691)</annotation> </annotations> </regulation> </chapter> <chapter num="1992" heading=""> <regulation prefix="Executive Order" num=".11" heading="Building Performance Standards for State Buildings"> <text>All State agencies shall utilize and apply the building performance standards set forth in the State's Model Performance Code at COMAR 05.02.01 and the State Fire Prevention Code at COMAR 12.03.01 promulgated pursuant to Article 38A, §3, of the Annotated Code of Maryland, as amended, for all construction, alteration, remodeling and renovations of all buildings that are owned, leased, operated or controlled by the State. Each State agency, however, may select the Administrative and Enforcement provisions that will be applied to a design, construction, alteration, remodeling, or renovation project..</text> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 27, 1992 (19:12 Md. R. 1107)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".20" heading="Executive Agency Policy on Smoking"> <paragraph num="A."> <text>Smoking Policy. To provide a healthful environment in buildings and vehicles occupied by State of Maryland agencies and employees, all employees, clients, and visitors are expected to comply with the following:</text> <paragraph num="(1)"> <text>Smoking Prohibited. Except as provided in §A(3)(a), smoking or carrying any lighted tobacco product is prohibited in all State buildings and facilities, in all space leased or rented by the State, and in government operated shuttle buses.</text> </paragraph> <paragraph num="(2)"> <text>State Vehicles. State employees are strongly encouraged to refrain from smoking in State vehicles and may not smoke when other nonsmoking passengers are present in the vehicle.</text> </paragraph> <paragraph num="(3)"> <text>Facilities Housing Clients, Patients, Inmates, and Wards of the State.</text> <paragraph num="(a)"> <text>A State official or employee in charge of a State facility may prohibit or limit smoking by residents of the facility if:</text> <paragraph num="(i)"> <text>The prohibition or restriction promotes fire safety, the protection of the health of employees, or otherwise contributes to the proper management of the facility; and</text> </paragraph> <paragraph num="(ii)"> <text>The prohibition or restriction is consistent with the safety and welfare of the residents, employees, or visitors.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The State official or employee in charge of a State facility shall make reasonable accommodation for an employee who objects to working in an area where smoking by residents is permitted.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Leased Housing. This order does not apply to any structure located on State property that is leased or rented as a residence to a State employee or other individual who is not the responsibility of the State.</text> </paragraph> <paragraph num="(5)"> <text>Legislative and Judicial Branches of State Government. This order does not apply to the ground and first floor of the State House and spaces assigned to the legislative and judicial branches of government. However, the legislative and judicial branches are called on to establish smoke free environments in those work spaces.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Implementation and Enforcement of Smoking Policy.</text> <paragraph num="(1)"> <text>Smoking Policy Implementation Committee. The Secretary or Director of each department or agency, including all Boards, Commissions, Departments, and State Colleges and Universities, shall establish a Smoking Policy Implementation Committee.</text> </paragraph> <paragraph num="(2)"> <text>Implementation of the Smoking Policy. The Smoking Policy Implementation Committee shall develop procedures for making employees and clients aware of the policy and for providing information on smoking cessation programs to smokers who wish to quit.</text> </paragraph> <paragraph num="(3)"> <text>The Department of Personnel shall coordinate and offer smoking cessation classes throughout the State under the Club Maryland Program.</text> </paragraph> <paragraph num="(4)"> <text>Enforcement of Smoking Policy.</text> <paragraph num="(a)"> <text>All employees share in the responsibility for adhering to and enforcing this policy, and have the responsibility for bringing it to the attention of visitors. Each agency or department shall designate an individual in the personnel unit to address any conflicts that may arise.</text> </paragraph> <paragraph num="(b)"> <text>An employee found to be in noncompliance shall:</text> <paragraph num="(i)"> <text>For a first offense, be directed to the personnel unit for counseling on the provisions of this Executive Order and referral to the Wellness Program;</text> </paragraph> <paragraph num="(ii)"> <text>For a second offense, be required to attend a smoking education program offered by Club Maryland;</text> </paragraph> <paragraph num="(iii)"> <text>For a third offense, receive a written reprimand; and</text> </paragraph> <paragraph num="(iv)"> <text>For a fourth or subsequent offense, be disciplined in accordance with State progressive discipline procedures.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Employee or client concerns about their treatment under this policy or problems arising from the implementation of this policy shall be resolved by the personnel unit designee with the advice and assistance of the Smoking Policy Implementation Committee. In the development of specific guidelines or the resolution of specific problems relating to the State's nonsmoking policy, the Committee shall give priority to the needs of nonsmokers.</text> </paragraph> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 1, 1992 (19:20 Md. R. 1796)</annotation> </annotations> </regulation> </chapter> <chapter num="1993" heading=""> <regulation prefix="Executive Order" num=".12" heading="Regulatory Reform to Support Manufacturing and Technology-Related Industries"> <paragraph num="A."> <text>The purpose of this Executive Order is:</text> <paragraph num="(1)"> <text>To establish general policy guidelines for Executive agencies regarding the enforcement and enactment or modification of regulations affecting manufacturing and technology-related industries.</text> </paragraph> <paragraph num="(2)"> <text>To provide accountability mechanisms that apply to State agencies to ensure that these general policy guidelines are implemented.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Policy Guidelines.</text> <paragraph num="(1)"> <text>State agencies that regulate manufacturing and technology-related industries (regulatory agencies) shall provide opportunities for consultations with affected industries prior to publishing a proposed regulation in the Maryland Register.</text> </paragraph> <paragraph num="(2)"> <text>Agencies should make technical assistance to help businesses comply with regulatory requirements a priority service.</text> </paragraph> <paragraph num="(3)"> <text>Regulatory agencies shall, to the extent practicable, provide businesses that are first-time violators of an agency regulation, a reasonable opportunity to take corrective action rather than issue fines (unless required by Federal or State law) and shall provide appropriate guidance to assist a business in correcting the violation and avoiding future violations.</text> </paragraph> <paragraph num="(4)"> <text>When businesses are required to obtain multiple permits from, or submit to multiple inspections by, State and local agencies, regulatory agencies shall coordinate with other State and local agencies to streamline permitting and inspection processes and eliminate duplicative requirements.</text> </paragraph> <paragraph num="(5)"> <text>State agencies shall establish and maintain review and decision timetables for permit applications.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Accountability Mechanisms.</text> <paragraph num="(1)"> <text>The Departments of Environment, Licensing and Regulation, Natural Resources, and Economic and Employment Development shall form a working group to coordinate and oversee the implementation of this Executive Order.</text> </paragraph> <paragraph num="(2)"> <text>Each regulatory agency shall, by December 31, 1993, submit to the working group a technical assistance plan that examines its current capacity to provide technical assistance to affected industries, identifies the degree of unmet technical assistance, and presents a plan to address any unmet needs. This plan shall be updated and submitted to the working group by December 31 of each subsequent year.</text> </paragraph> <paragraph num="(3)"> <text>In cooperation with local officials, the working group shall identify problems and solutions in the permitting and inspection processes in State and local government agencies.</text> </paragraph> <paragraph num="(4)"> <text>Each State agency that is a part of the working group shall provide performance data on its success in meeting the review and decision timetables for permit applications that are required by this Executive Order.</text> </paragraph> <paragraph num="(5)"> <text>The working group shall ensure that the views of the affected industries and local officials are considered in its ongoing activities.</text> </paragraph> </paragraph> <paragraph num="D."> <text>This Executive Order is not intended to and may not be construed to confer any right, privilege, or status on any private party cognizable by a court in any proceeding. No action of a State agency may be deemed, held, or otherwise considered to be unenforceable due to a failure to comply with the terms of this Executive Order.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 19, 1993 (20:8 Md. R. 678)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".20" heading="Alternative Fueled Vehicles"> <paragraph num="A."> <text>Purchase of Alternative Fueled Vehicles.</text> <paragraph num="(1)"> <text>To the greatest extent practicable, and consistent with operational requirements and the provisions and requirements of this Executive Order, the State shall purchase vehicles that operate on alternative fuels in order to meet the requirements of the National Energy Policy Act of 1992.</text> </paragraph> <paragraph num="(2)"> <text>In consultation with the Alternative Fuels Work Group, the Department of Budget and Fiscal Planning shall approve for State agencies vehicle specifications in order to provide reasonable and practical options for the purchase of alternative fueled vehicles. The University of Maryland System shall approve similar specifications for the purchase of alternative fueled vehicles within the University System. Specifications are to be balanced appropriately with operating needs and budgets.</text> </paragraph> <paragraph num="(3)"> <text>The Department of General Services and the University of Maryland System shall procure, for State agencies and the University of Maryland System and its constituent institutions, respectively, approved alternative fueled vehicles and shall ensure that refueling capacity for alternative fuels is available to State agency fleets and the University of Maryland System.</text> </paragraph> <paragraph num="(4)"> <text>The Department of Budget and Fiscal Planning shall advise agencies and The University of Maryland System concerning specific applications of alternative fuels and assist agencies in specifying alternative fueled vehicles in accordance with approved specifications and guidelines.</text> </paragraph> <paragraph num="(5)"> <text>The Department of Transportation shall ensure that regulatory prohibitions to alternative fuels are reviewed and addressed.</text> </paragraph> <paragraph num="(6)"> <text>Cabinet secretaries and the heads of independent agencies shall develop goals for the introduction of dedicated alternative fueled vehicles into their agencies following the approval of vehicle specifications under Section A(1) of this Order. Such goals shall be submitted to the Director of the Maryland Energy Administration beginning with Fiscal Year 1994 and each fiscal year thereafter, and shall take into consideration the number and location of alternative fuel stations.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Alternative Fuels Work Group.</text> <paragraph num="(1)"> <text>There is established an Alternative Fuels Work Group.</text> </paragraph> <paragraph num="(2)"> <text>The Work Group shall be composed of representatives of the following agencies, to be appointed by the agency head:</text> <paragraph num="(a)"> <text>The Department of Budget and Fiscal Planning;</text> </paragraph> <paragraph num="(b)"> <text>The Maryland Energy Administration;</text> </paragraph> <paragraph num="(c)"> <text>The Department of the Environment;</text> </paragraph> <paragraph num="(d)"> <text>The Department of General Services;</text> </paragraph> <paragraph num="(e)"> <text>The Department of Transportation;</text> </paragraph> <paragraph num="(f)"> <text>The Public Service Commission;</text> </paragraph> <paragraph num="(g)"> <text>The Department of Natural Resources;</text> </paragraph> <paragraph num="(h)"> <text>The University of Maryland System; and</text> </paragraph> <paragraph num="(i)"> <text>The Department of Agriculture.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Director of the Maryland Energy Administration shall be the chairperson of the Work Group.</text> </paragraph> <paragraph num="(4)"> <text>The Alternative Fuels Work Group shall evaluate and recommend to the Governor and the executive agencies alternative fuels for use in the State fleet, and examine issues related to the use of those fuels in the State fleet.</text> </paragraph> <paragraph num="(5)"> <text>The Department of the Environment shall provide guidance to the Alternative Fuels Work Group on the air quality benefits of various alternative fuels in various applications and otherwise assist in the achievement of a strong alternative fuels vehicle program.</text> </paragraph> <paragraph num="(6)"> <text>In implementing this Executive Order, strict compliance with all applicable air quality standards and regulations shall be maintained.</text> </paragraph> <paragraph num="(7)"> <text>The Work Group shall consult with the Comptroller of the Treasury and other State agencies as appropriate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Implementation of Executive Order. The Maryland Energy Administration shall be responsible for coordinating the requirements of this Executive Order and for informing and encouraging county and local governments to join in purchasing alternative fueled vehicles from the State contract.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 3, 1993 (20:17 Md. R. 1342)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".22" heading="State Postsecondary Review Entity"> <paragraph num="A."> <text>The Maryland Higher Education Commission is designated as the State Postsecondary Review Entity (SPRE) under Sections 494 through 494C of the Higher Education Act of 1965, as added by the Higher Education Amendments of 1992, Pub. L. No. 102-325, 20 U.S.C. §1099a to 1099a-3, and shall perform all of the functions described therein on behalf of the State of Maryland.</text> </paragraph> <paragraph num="B."> <text>The Commission and the Secretary of Higher Education may enter into any contracts, agreements or understandings, may adopt whatever rules, regulations or policies, and may perform all other acts necessary or appropriate to fulfill its functions as the Maryland SPRE.</text> </paragraph> <paragraph num="C."> <text>All affected State agencies, departments, units, and employees shall cooperate fully with the Commission and the Secretary in the performance of their functions under the SPRE program.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 23, 1993 (20:19 Md. R. 1467)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".24" heading="Maryland Statewide Independent Living Council"> <paragraph num="A."> <text>There is a Maryland Statewide Independent Living Council (hereafter referred to as Council), established in accordance with the requirements of Chapter I of Title VII of the Federal Rehabilitation Act, as amended (hereafter referred to as Act). The Council shall:</text> <paragraph num="(1)"> <text>Work in conjunction with the Maryland State Division of Rehabilitation Services in submitting, monitoring, and evaluating the implementation of the Independent Living Rehabilitation Services State Plan; and</text> </paragraph> <paragraph num="(2)"> <text>Carry out other duties as stipulated in Section 705(c) of the Act to support the implementation of the State Plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Membership and Procedures.</text> <paragraph num="(1)"> <text>The members of the Council shall be appointed by the Governor, and conform to the requirements of Section 705(b)(2) of the Act concerning representation and consultation with interested groups and individuals.</text> </paragraph> <paragraph num="(2)"> <text>Members currently serving on the Statewide Independent Living Council, as constituted in 1988 under the Division of Rehabilitation Services, shall serve as the Governor's initial appointees to the Council established under this Executive Order. Thereafter, future appointments shall be made in accordance with the requirements of the Act.</text> </paragraph> <paragraph num="(3)"> <text>The Council shall annually elect a chairperson from among its members.</text> </paragraph> <paragraph num="(4)"> <text>Members may serve up to two consecutive three-year terms, which shall be staggered on initial appointment. A member selected to fill a vacancy serves only for the balance of a term remaining at the time of appointment.</text> </paragraph> <paragraph num="(5)"> <text>A majority of the Council shall constitute a quorum for the transaction of business. The Council may adopt other rules and procedures to ensure the orderly conduct of business.</text> </paragraph> <paragraph num="(6)"> <text>The Division of Rehabilitation Services shall provide staffing and resources as may be determined necessary to support the operation and duties of the Council.</text> </paragraph> <paragraph num="(7)"> <text>Members of the Council may be reimbursed for reasonable and necessary expenses associated with attendance at meetings and performance of duties of the Council.</text> </paragraph> <paragraph num="(8)"> <text>The Council shall continue to operate so long as required by the provisions of the Act.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 24, 1993 (20:21 Md. R. 1633)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".28" heading="State Employee Payroll Deductions (Amended COMAR 01.01.1986.14)"> <paragraph num="A."> <text>General Limitations on Voluntary Deductions.</text> <paragraph num="(1)"> <text>Voluntary deductions are provided by the State for the benefit of a reasonable number of employees. Voluntary deductions must be within the capacity of the Central Payroll Bureau's system that serves the employees and must conform to the Central Payroll Bureau's forms and procedures. When the net amount payable to the employee is not sufficient to cover all of the voluntary deductions, deductions will be made in accordance with the sequence of the items listed in Section B.</text> </paragraph> <paragraph num="(2)"> <text>All permitted voluntary deductions made on behalf of an employee organization or association (including deductions for insurance programs sponsored by the organization or association) will be provided at no charge as long as only one deduction is used. If additional deductions are requested by an organization or association, it will be required to pay a reasonable charge established by the Central Payroll Bureau taking into account personnel, computer and material costs.</text> </paragraph> <paragraph num="(3)"> <text>No Department, Board, Commission, or Agency (hereafter referred to as Agency), may authorize solicitation of employees for insurance purposes at the place of employment unless the soliciting agents represent an approved employee organization or association. Payroll deductions shall not be authorized for any insurance premiums which are not included in one of the categories within Section B. Twice a year on a day selected by the Agency, representatives of employee organizations or associations and their insurance agents may be permitted to establish information desks centrally located convenient to State employees for soliciting and giving information about insurance programs. The information desks may be made available to State employees before or after working hours and during lunch and break periods.</text> </paragraph> <paragraph num="(4)"> <text>Employees shall request all voluntary payroll deductions in writing on Central Payroll Bureau approved forms and all subsequent changes or cancellations shall similarly be in writing on an approved form.</text> </paragraph> <paragraph num="(5)"> <text>The Central Payroll Bureau shall be held harmless if it deducts, amends or cancels payroll deductions, in accordance with the written request of the employee. All disputes regarding payroll deductions, including refunds and missed deductions, are a matter between the employee and the organization or association receiving the deduction.</text> </paragraph> <paragraph num="(6)"> <text>Contractual employees are only afforded voluntary deductions for deferred compensation, United States Savings Bonds, Maryland Charity Campaign for State Employees and Retirees, and contributions to labor organizations or associations of management officials which meet the criteria of Section B(9) of this Order.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Categories of Voluntary Deductions Permitted by the State of Maryland.</text> <paragraph num="(1)"> <text>Health Insurance Premiums. The State offers a health program for its employees in certain categories. The premiums for this program are subsidized by the State as directed by the Secretary of Personnel. Deductions are initiated by the employee through the employee's Agency personnel office.</text> </paragraph> <paragraph num="(2)"> <text>Dependency Support. Deductions for alimony and child support have previously been available only pursuant to a Court Order. In order to avoid the cost of Court Orders to the employee and the State, the State will also honor voluntary deductions for dependency support when the employee enters into an agreement with a support enforcement agent of the Department of Human Resources and it is within the capacity of the Central Payroll Bureau to process the deduction.</text> </paragraph> <paragraph num="(3)"> <text>Deferred Compensation. The Maryland State Employees Deferred Compensation Program is administered by a Board of Trustees and includes a variety of options, including a savings account, fixed annuity, variable annuity, mutual fund and life insurance. Deductions are initiated, changed or cancelled through the Plan Administrator, currently the Public Employees Benefit Services Corporation.</text> </paragraph> <paragraph num="(4)"> <text>State Employees Credit Union and MTA Employees Credit Union, Inc. The State encourages savings by its employees, making available deduction for the Credit Unions chartered to serve its employees, retirees, and their dependents. Deductions are initiated, changed or canceled as follows:</text> <paragraph num="(a)"> <text>Except as provided in item (b) of this paragraph, for State employees, through the State Employees Credit Union; and</text> </paragraph> <paragraph num="(b)"> <text>For Mass Transit Administration employees of the Department of Transportation, through the State Employees Credit Union and the MTA Employees Credit Union, Inc.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Maryland Charity Campaign for State Employees and Retirees. The State sponsors a single annual Maryland Charity Campaign for State employees and retirees and makes payroll deduction available for this purpose. The deduction for each annual contribution is made available under the following conditions:</text> <paragraph num="(a)"> <text>The annual contribution is to be deducted over a term of one year beginning with the first pay period which begins in January or the initial date of employment, if later, and ending with the last pay period which begins in December.</text> </paragraph> <paragraph num="(b)"> <text>An equal amount is to be deducted each pay period.</text> </paragraph> <paragraph num="(c)"> <text>The employee may not change the amount deducted each pay period during the one year life of the deduction.</text> </paragraph> <paragraph num="(d)"> <text>The employee shall be informed of these restrictions before the deduction is requested.</text> </paragraph> <paragraph num="(e)"> <text>The employee may voluntarily discontinue the deduction at any time, but a discontinued deduction may not be reinstated.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>United States Savings Bonds. The State of Maryland cooperates with the United States Treasury Department in making payroll deductions available for up to three different United States Savings Bonds.</text> </paragraph> <paragraph num="(7)"> <text>Tax Deferred Annuities and Disability Plans. The State of Maryland offers to employees of the institutions of higher education various tax deferred annuities, life insurance plans and disability plans that have been approved by Morgan State University, St. Mary's College of Maryland, the Maryland Higher Education Commission, or the Board of Regents of the University of Maryland System. In addition, the Maryland State Retirement Systems also offer a tax deferred annuity. No expansion in these deductions is permitted without the concurrence of the appropriate governing body and the support of the Central Payroll Bureau.</text> </paragraph> <paragraph num="(8)"> <text>Insurance Afforded to Federal Civil Service Employees. The State of Maryland affords an insurance payroll deduction to Federal Civil Service employees who are currently paid by the State since it is a condition of their employment.</text> </paragraph> <paragraph num="(9)"> <text>Deductions for Employee Organizations and Associations. Subject to the general limitations stated in this Order, any employee labor organization or association of management officials or supervisors is entitled to payroll deduction privileges provided the organization or association meets all of the following criteria:</text> <paragraph num="(a)"> <text>It is organized for purposes other than obtaining insurance coverage.</text> </paragraph> <paragraph num="(b)"> <text>It serves the interest of employees and the State as an employer as certified by the Secretary of Personnel.</text> </paragraph> <paragraph num="(c)"> <text>It has at least 1,000 members who agree to payroll deduction.</text> </paragraph> <paragraph num="(d)"> <text>In order to provide payroll deduction to small organizations or associations, one additional deduction per employee is allowed for an organization or association that meets the criteria of(a) and (b) above if 50% of the eligible members of the organization or association who are members of the same occupational group of employees, as determined by the Secretary of Personnel, agree to a payroll deduction. This additional deduction is subject to the general limitations stated in Section A. The Secretary of Personnel shall act as the Governor's designee for purposes of granting approval under §6-402(B)(2) of the State Personnel and Pensions Article of the Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Insurance Programs Sponsored by Employee Organizations or Associations. Insurance programs that require employee organization or association membership as a condition of entitlement will be paid in the same deduction as the employee organization or association unless the employee organization or association pays the charge for an additional deduction as specified in Section A(2).</text> </paragraph> <paragraph num="(11)"> <text>State University and College Fund Raising Campaigns. One deduction per employee is offered for use by any State institution of higher education for capital or annual fund campaigns that have been approved by the appropriate governing body and which are within the capability of the Central Payroll Bureau.</text> </paragraph> <paragraph num="(12)"> <text>Existing Deductions that do not Meet These Criteria. Existing organizations and associations which currently have payroll deduction privileges and do not meet the criteria of this Order will be allowed to continue payroll deduction for existing employees but will not be permitted to add new employees or to increase existing deductions.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Publication of Executive Order on Payroll Deductions. Copies of this Executive Order, as amended, shall be distributed to all State officials and employees and copies shall be posted in conspicuous locations in all State facilities.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 24, 1983 (10:4 Md. R. 267)</annotation> <annotation type="History" subtype="Administrative History">Amended effective April 1, 1985 (12:9 Md. R. 797); October 20, 1986 (13:23 Md. R. 2467); October 18, 1993 (20:23 Md. R. 1782)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".33" heading="Alcohol and Tobacco Advertising on Property Owned or Leased by the Mass Transit Administration of the Maryland Department of Transportation"> <paragraph num="A."> <text>Advertising Policy. The Mass Transit Administration of the Maryland Department of Transportation may not permit or contract for any advertising or promotions of any kind which encourage the public to use or consume alcoholic beverages or tobacco products or any similar advertisement on any property which the agency owns, leases, or otherwise controls.</text> </paragraph> <paragraph num="B."> <text>Existing contracts which are inconsistent with this policy shall not be renewed or extended unless contract terms are revised to reflect this policy.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: December 20, 1993 (21:1 Md. R. 14)</annotation> </annotations> </regulation> </chapter> <chapter num="1994" heading=""> <regulation prefix="Executive Order" num=".06" heading="State Agencies—Internal Audits"> <paragraph num="A."> <text>The appointing authority of each agency that currently performs internal audits shall:</text> <paragraph num="(1)"> <text>Designate an individual to act as a chief internal auditor;</text> </paragraph> <paragraph num="(2)"> <text>Implement an effective program of internal audits that includes, as the agency head determines to be necessary, professional and support staff that have the technical proficiency and educational background appropriate for the performance of audits; and</text> </paragraph> <paragraph num="(3)"> <text>Seek from the Legislature sufficient funding to cover the related costs incurred by the agency in the performance of these duties.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The chief internal auditor of an agency shall:</text> <paragraph num="(1)"> <text>Report directly to the agency head;</text> </paragraph> <paragraph num="(2)"> <text>Develop an annual audit plan to carry out internal audits;</text> </paragraph> <paragraph num="(3)"> <text>Provide written policies and procedures to guide the performance of internal audits;</text> </paragraph> <paragraph num="(4)"> <text>In conjunction with the Committee on Fraud, Waste, and Abuse's biannual self-assessment evaluation, maintain an ongoing internal quality assurance program to evaluate the operation of internal audits;</text> </paragraph> <paragraph num="(5)"> <text>Prepare internal audit reports that shall:</text> <paragraph num="(a)"> <text>Be submitted to the Governor and agency head; and</text> </paragraph> <paragraph num="(b)"> <text>Be available for review, except for any part of a report that is privileged from disclosure under the Public Information Act;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Conduct follow-up reviews of internal audit findings to ascertain that appropriate action has been taken on findings contained in internal audit reports; and</text> </paragraph> <paragraph num="(7)"> <text>Make available and coordinate a continuing professional education program to ensure that the agency's internal auditors have access to current information concerning internal audit policies, procedures, and techniques and to provide general technical and audit assistance to the agency's internal auditors.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Each agency that performs internal audits shall establish a program that is conducted in accordance with internal auditing standards.</text> </paragraph> <paragraph num="D."> <text>The chief internal auditor and the internal audit staff, shall:</text> <paragraph num="(1)"> <text>Subject to the approval of the appointing authority, have access to all personnel and any data, records, and other information of the State agency that the chief internal auditor deems necessary to carry out the internal audit; and</text> </paragraph> <paragraph num="(2)"> <text>Maintain the confidentiality of any public records that are made confidential by law and be subject to the same penalties as the custodian of the public records for a violation of a confidentiality law applicable to the records.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 4, 1994 (21:5 Md. R. 313)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".12" heading="Fetal Alcohol Syndrome"> <paragraph num="A."> <text>The Maryland State Department of Education will work with local health curriculum supervisors to increase the number of school systems that are using educational resources through organizations including, but not limited to, Blue Cross/Blue Shield, the Association of Retarded Citizens and the March of Dimes to address the growing need for staff development inservice training and classroom instruction to prevent FAS-related birth defects.</text> </paragraph> <paragraph num="B."> <text>The Governor's Office shall design and distribute a poster that expresses the risk of FAS to pregnant women. The poster shall be distributed to various locations aimed at increasing women's awareness of FAS. The locations shall include restaurants, bars, liquor stores, and schools.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 16, 1994 (21:12 Md. R. 998)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".25" heading="Grievance Procedure—State Employees"> <paragraph num="A."> <text>The DOP may be made a party in a grievance when the appointing authority, in its decision at the conclusion of the first step of the grievance proceeding, pursuant to State Personnel and Pensions Article, §10-207(c), states that the DOP has taken an action adverse to the employee.</text> </paragraph> <paragraph num="B."> <text>In cases where the DOP has been named as a party by the appointing authority under paragraph A, the employee may submit the grievance to the second step of the grievance process, pursuant to State Personnel and Pensions Article, §10-208(a), and name the DOP as a party at that step. When the DOP has been named as a party, the grievant's department or unit head shall hold a conference with the grievant and a representative of the DOP. The decision of the grievant's department or unit head shall identify any areas of disagreement between the grievant, the appointing authority, and the DOP that have not been resolved.</text> </paragraph> <paragraph num="C."> <text>If the DOP has been named as a party under the terms of paragraphs A and B of this Order, the DOP may be named a party at step three of the grievance process.</text> </paragraph> <paragraph num="D."> <text>Whenever the DOP has been named a party under this Order, the DOP, the appointing authority, and the grievant shall make every effort to resolve the grievance at the lowest level possible of the grievance process.</text> </paragraph> <paragraph num="E."> <text>Nothing in this Order shall be construed to expand the scope of issues that are grievable or of the jurisdiction of the Secretary of Personnel (or of the Office of Administrative Hearings under a delegation of authority from the Secretary) to hear and decide grievances.</text> </paragraph> <paragraph num="F."> <text>Officers and employees of the State may assist the Secretary of Personnel as deemed necessary by the Secretary to accomplish the purposes of this Order. Nothing in this Order shall be construed as modifying the authority of the Secretary to establish policy in personnel matters or the duty of officers and employees of the State in assisting the Secretary in carrying out State personnel laws and policies.</text> </paragraph> <paragraph num="G."> <text>The Secretary of Personnel and the appointing authorities shall take all actions necessary or desirable to implement this Order.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 8, 1994 (21:20 Md. R. 1722)</annotation> </annotations> </regulation> </chapter> <chapter num="1995" heading=""> <regulation prefix="Executive Order" num=".20" heading="Potomac River Fisheries Commission"> <text>NOW, THEREFORE, I, PARRIS N. GLENDENING, GOVERNOR OF THE STATE OF MARYLAND, PURSUANT TO THE AUTHORITY VESTED IN ME BY CHAPTER 589 OF THE ACTS OF THE GENERAL ASSEMBLY OF 1994, HEREBY PROCLAIM THAT CHAPTER 589, AS CODIFIED IN SECTION 4-306 OF THE NATURAL RESOURCES ARTICLE, IS VALID AND EFFECTIVE.</text> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 19, 1995 (22:16 Md. R. 1209)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".25" heading="Consolidation of Chesapeake Bay Communications"> <paragraph num="A."> <text>The Chesapeake Bay Communications Coordinating Office, its positions, appropriations, and assets now located in the Executive Department are hereby transferred to the Department of Natural Resources.</text> </paragraph> <paragraph num="B."> <text>The Department of Natural Resources shall:</text> <paragraph num="(1)"> <text>Coordinate State communication plans as outlined in the Maryland Chesapeake Bay Communication Plan;</text> </paragraph> <paragraph num="(2)"> <text>Cooperate with the Executive Department and the Departments of Agriculture and Environment to promote public information, education, and participation activities designed to involve citizens in restoring the Chesapeake Bay; and</text> </paragraph> <paragraph num="(3)"> <text>Develop media campaigns to increase public awareness and participation in the cleanup of the Chesapeake Bay.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 6, 1995 (22:22 Md. R. 1649)</annotation> </annotations> </regulation> </chapter> <chapter num="1996" heading=""> <regulation prefix="Executive Order" num=".07" heading="Maryland Charity Campaign for State Employees and Retirees (Amended COMAR 01.01.1993.01)"> <paragraph num="A."> <text>Administration.</text> <paragraph num="(1)"> <text>The Maryland Charity Campaign for State Employees and Retirees (“the Campaign”) shall be administered on an annual basis by the Secretary of State in conformity with the provisions of Executive Order No. 01.01.1983.03 issued on January 24, 1983, as may be amended, which are not inconsistent with this Order.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary of State shall develop instructions and procedures applicable to voluntary charitable organizations which may desire to participate in the Campaign in accordance with the eligibility criteria set forth herein.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary of State shall select a qualified operating agency and execute an agreement with such agency for the conduct of the Campaign in accordance with the provisions of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Solicitation Period.</text> <paragraph num="(1)"> <text>Solicitations of current and retired State employees shall be limited to a 10-week period in the fall of each year.</text> </paragraph> <paragraph num="(2)"> <text>The heads of all boards, commissions, agencies and departments of State government shall cooperate with the Secretary of State and the operating agency to promote the efficient conduct of the Campaign and to ensure that employee participation in the Campaign is clearly voluntary and free of coercion.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Eligibility Criteria. In order to be designated as a participating agency in the Campaign, a charitable organization shall apply to the Secretary of State and shall:</text> <paragraph num="(1)"> <text>Operate in compliance with all applicable federal, State, and local laws;</text> </paragraph> <paragraph num="(2)"> <text>Operate under currently valid articles of incorporation or other organizing instrument and by-laws or other governing instrument; a copy of each being submitted with the application, if not already filed with the Secretary of State as part of a prior application or registration;</text> </paragraph> <paragraph num="(3)"> <text>Hold and maintain a currently valid designation by the Internal Revenue Service (I.R.S.) as a §501(C)(3) organization, and be eligible to receive tax deductible contributions under Section 170 of the Internal Revenue Code; a copy of the I.R.S. designation letter being submitted with the application to the Secretary of State, if not already filed, as part of a prior application for registration;</text> </paragraph> <paragraph num="(4)"> <text>Submit a duplicate copy of its I.R.S. Form 990 for its most recently completed fiscal year; or if not required by I.R.S. to file a Form 990, a copy of a financial report on a form provided by the Secretary of State, signed and certified by its chief executive officer;</text> </paragraph> <paragraph num="(5)"> <text>State and certify the percentage of its total revenue from the preceding fiscal year which was spent on management and fund-raising expenses;</text> </paragraph> <paragraph num="(6)"> <text>If the percent of revenue spent by a charitable organization on management and fund-raising expenses exceeded 25 percent, submit a statement demonstrating that its expenses for these purposes were reasonable under all the circumstances in its case;</text> </paragraph> <paragraph num="(7)"> <text>Submit a copy of its current operating budget signed and certified by its chief executive officer;</text> </paragraph> <paragraph num="(8)"> <text>Demonstrate that it has provided a significant level of service to the residents of the State of Maryland or to those in need of such services in other countries for a period of not less than two years immediately preceding the calendar year of the Campaign. Agencies providing services in other countries must provide evidence of financial support from Maryland residents within the past five years;</text> </paragraph> <paragraph num="(9)"> <text>Certify that it will use funds from the Campaign solely for the provision of services to the residents of the State of Maryland, or to people in other countries, including reasonable administrative costs of these programs;</text> </paragraph> <paragraph num="(10)"> <text>Beginning with the 1997 Campaign, certify the amount of money received from the most recent Maryland Charity Campaign, and certify how that money was spent to provide services to residents of Maryland or to people in other countries;</text> </paragraph> <paragraph num="(11)"> <text>Have a majority of its governing body serving without compensation; and</text> </paragraph> <paragraph num="(12)"> <text>Make available to the public upon request its annual financial report.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Technical Assistance and Reconsideration of Application.</text> <paragraph num="(1)"> <text>The Secretary of State may call upon the operating agency for technical assistance in the administration of the Campaign.</text> </paragraph> <paragraph num="(2)"> <text>An agency which submits an application for participation in the Campaign which is denied by the Secretary of State may within 10 days of the denial submit a petition for reconsideration. The Secretary of State's disposition of the petition shall be conclusive and final.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Operating Agency Criteria. The operating agency shall:</text> <paragraph num="(1)"> <text>Demonstrate its administrative capability to manage and operate an extensive fund-raising campaign among the State's current and retired employees in an efficient manner;</text> </paragraph> <paragraph num="(2)"> <text>Demonstrate its financial capability to manage and operate a fund-raising campaign in an efficient manner yielding contributions comparable to those made by State employees and retirees in the past;</text> </paragraph> <paragraph num="(3)"> <text>Demonstrate its public accountability by certifying that it annually submits to a financial audit by a certified public accountant; make its audited financial statement, or a summary thereof, available to the public upon request; provide evidence that it has engaged in sound management practices that indicate that contributions donated by the public have been utilized with the utmost integrity; and</text> </paragraph> <paragraph num="(4)"> <text>Demonstrate that it has established a broad base of community support in the State and has established ongoing and cooperative relations with a significant number of the State's charitable organizations.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Operating Agency Responsibilities. The operating agency shall:</text> <paragraph num="(1)"> <text>Promote and publicize the Campaign among the State's current and retired work force;</text> </paragraph> <paragraph num="(2)"> <text>Publish brochures, informational materials and related matters sufficient for each potential contributor to fairly identify the participating agencies and their principal activity or charitable purpose(s), and the methods to be used for indicating the dollar amount of payroll deduction they wish to contribute;</text> </paragraph> <paragraph num="(3)"> <text>Cooperate with the Office of the Comptroller, Central Payroll Division and comply with its payroll deduction policies and procedures;</text> </paragraph> <paragraph num="(4)"> <text>Distribute contributions to participating agencies in accordance with the expressed intention of contributors; and</text> </paragraph> <paragraph num="(5)"> <text>Agree to the review of its financial activities by authorized representative of the State of Maryland, and, within 180 days of the close of a Campaign, submit to the Secretary of State a complete audited financial statement prepared in accordance with the standards of accounting and financial reporting for voluntary health and welfare organizations.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Undesignated Gifts. Where contributors do not specify one or more participating agencies as the beneficiary of their gift, or when a designated participating agency ceases to operate, the operating agency shall distribute such contributions in accordance with policies and programs of the Secretary of State, as described in Campaign literature.</text> </paragraph> <paragraph num="H."> <text>Accountings. The Secretary of State or the operating agency may require from participating agencies an accounting of the programmatic and financial utilization of Campaign funds.</text> </paragraph> <paragraph num="I."> <text>Disqualification. The Secretary of State may delete from the list of approved participating agencies those charitable organizations which fail to establish and maintain compliance with the provisions of this Executive Order and with the criteria, instructions and procedures of the Secretary of State.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: April 13, 1984 (11:9 Md. R. 785)</annotation> <annotation type="History" subtype="Administrative History">Sections 3 and 4 amended effective March 26, 1985 (12:8 Md. R. 795)</annotation> <annotation type="History" subtype="Administrative History">Amended effective February 21, 1992 (19:6 Md. R. 652); January 11, 1993 (20:3 Md. R. 210); February 26, 1996 (23:6 Md. R. 422)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".13" heading="Procedures for Labor-Management Relations in the Executive Branch of State Government"> <paragraph num="A."> <text>Except as provided in paragraph B., this Executive Order applies to all employees of:</text> <paragraph num="(1)"> <text>The principal departments within the Executive Branch;</text> </paragraph> <paragraph num="(2)"> <text>The Maryland Insurance Administration;</text> </paragraph> <paragraph num="(3)"> <text>The State Department of Assessments and Taxation; and</text> </paragraph> <paragraph num="(4)"> <text>The State Lottery Agency.</text> </paragraph> </paragraph> <paragraph num="B."> <text>This Executive Order does not apply to employees of the Mass Transit Administration, as that term is defined in §7-601(a)(2) of the Transportation Article.</text> </paragraph> <paragraph num="C."> <text>Employees of the Executive Branch shall have the right to:</text> <paragraph num="(1)"> <text>Organize, form, join or assist any employee organization;</text> </paragraph> <paragraph num="(2)"> <text>Bargain collectively through representatives of their own choosing;</text> </paragraph> <paragraph num="(3)"> <text>Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by any other law of the State of Maryland or this Executive Order.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The mediation unit of the Department of Labor, Licensing, and Regulation shall be designated by the Governor to administer this Order and shall have the power, to the fullest extent permitted by law, to do the following:</text> <paragraph num="(1)"> <text>Hold hearings and conduct elections;</text> </paragraph> <paragraph num="(2)"> <text>Make determinations regarding certification and decertification of exclusive bargaining representatives;</text> </paragraph> <paragraph num="(3)"> <text>Resolve other issues that may arise under this Order; and</text> </paragraph> <paragraph num="(4)"> <text>Promulgate such guidelines and establish such procedures as may be necessary for the proper implementation of this Order.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The following terms shall have the meanings indicated:</text> <paragraph num="(1)"> <text>“Collective bargaining,” to “bargain collectively,” or to “negotiate” mean the mutual obligation of the employer and the employee exclusive bargaining organization to negotiate in good faith at reasonable times and places with respect to wages, hours, and other terms and conditions of employment. The parties, upon the completion of negotiations, shall execute a written memorandum of understanding incorporating the terms of any agreement reached, and, to the extent they require legislative approval or the appropriation of funds, such terms shall be recommended to the Legislature for approval or the appropriation of funds, as may be necessary. The duty to bargain shall include the obligation to negotiate in good faith for the purpose of resolving any questions arising under an existing memorandum of understanding. Notwithstanding the foregoing, the employer shall not be required to negotiate with regard to any matter that would be inconsistent with applicable law, and the employer may negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended to eliminate any such inconsistency.</text> </paragraph> <paragraph num="(2)"> <text>“Employee” means an individual employed by the Executive Branch, unless the individual is any of the following:</text> <paragraph num="(a)"> <text>A student employee;</text> </paragraph> <paragraph num="(b)"> <text>A temporary employee;</text> </paragraph> <paragraph num="(c)"> <text>A member of a board or commission;</text> </paragraph> <paragraph num="(d)"> <text>A confidential employee;</text> </paragraph> <paragraph num="(e)"> <text>A managerial employee;</text> </paragraph> <paragraph num="(f)"> <text>A supervisory employee;</text> </paragraph> <paragraph num="(g)"> <text>An individual in the custody of the Department of Public Safety and Correctional Services;</text> </paragraph> <paragraph num="(h)"> <text>The chief administrative or executive officer of an agency.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Confidential employee” means an employee:</text> <paragraph num="(a)"> <text>Who has access to confidential or discretionary information regarding the formulation of policy or procedures;</text> </paragraph> <paragraph num="(b)"> <text>Whose functional responsibilities or knowledge concerning employee relations makes the employee's membership in an employee organization incompatible with the employee's duties; or</text> </paragraph> <paragraph num="(c)"> <text>Who is the personal secretary of the chief administrative or executive officer of an agency.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Managerial employee” means an individual who is:</text> <paragraph num="(a)"> <text>Engaged predominantly in executive and management functions; or</text> </paragraph> <paragraph num="(b)"> <text>Charged with the responsibility of directing the effectuation of management policies and practices.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Professional employee” means an employee engaged in work:</text> <paragraph num="(a)"> <text>Predominantly intellectual and varied in character;</text> </paragraph> <paragraph num="(b)"> <text>Involving the consistent exercise of discretion and judgement in its performance;</text> </paragraph> <paragraph num="(c)"> <text>Of such character that the result accomplished cannot be standardized in relation to a given period of time; and</text> </paragraph> <paragraph num="(d)"> <text>Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction in an institution of higher learning or a hospital.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Supervisor” means an individual having authority in the interest of the Executive Branch to hire, transfer, suspend, lay off, recall, promote, discharge other employees, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgement.</text> </paragraph> <paragraph num="(7)"> <text>“Temporary employee” means an individual who is employed in a temporary position for not more than 90 days.</text> </paragraph> <paragraph num="(8)"> <text>“Employee organization” means an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment of such employees.</text> </paragraph> <paragraph num="(9)"> <text>“Employee exclusive bargaining representative” and “exclusive bargaining representative” mean an organization certified as the exclusive bargaining representative pursuant to the provisions of this Order.</text> </paragraph> <paragraph num="(10)"> <text>“Appropriate bargaining unit” means one of the following units:</text> <paragraph num="(a)"> <text>Labor and trades;</text> </paragraph> <paragraph num="(b)"> <text>Administrative, technical, and clerical;</text> </paragraph> <paragraph num="(c)"> <text>Regulatory, inspection, and licensure;</text> </paragraph> <paragraph num="(d)"> <text>Health and human service nonprofessionals;</text> </paragraph> <paragraph num="(e)"> <text>Health care professionals;</text> </paragraph> <paragraph num="(f)"> <text>Social and human service professionals;</text> </paragraph> <paragraph num="(g)"> <text>Engineering, scientific, and administrative professionals;</text> </paragraph> <paragraph num="(h)"> <text>Public safety and security; and</text> </paragraph> <paragraph num="(i)"> <text>Sworn police officers.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>The Secretary of Personnel, or such other official or officials as may be designated by the Governor for this purpose, shall determine the assignment of each employee to an appropriate unit, based on the employee's job classification and position. In determining the appropriateness of the assignment of an employee to an appropriate unit, the following factors shall be considered:</text> <paragraph num="(1)"> <text>The principles of efficient administration of government, including limiting the fragmentation of government administrative authority;</text> </paragraph> <paragraph num="(2)"> <text>The existence of a community of interest among the employees assigned to the bargaining unit;</text> </paragraph> <paragraph num="(3)"> <text>The recommendations of the parties involved.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The official or officials designated by the Governor to administer this Order may certify an employee organization as the exclusive bargaining representative of the members in an appropriate bargaining unit when the employee organization has been selected by a majority of those voting in a representation election conducted among the employees in the unit. Such official or officials shall have the authority to resolve any objections to the conduct of any representation election held pursuant to this Order; provided, that in any election involving more than one employee organization, such organizations can agree, subject to the approval of such officials, that disputes regarding specified issues will be resolved by an impartial third party arbitrator selected in accordance with such agreement, and the decision or decisions of such arbitrator shall be final and binding on such organizations; and provided further, that any such agreement shall provide that the costs of the arbitrator shall be shared equally by the employee organizations involved.</text> </paragraph> <paragraph num="H."> <text>An employee organization may petition for certification by submitting a petition for representation to the official or officials designated by the Governor to administer this Order. The petition must be accompanied by a showing of interest supported by 30 percent of the employees in the appropriate unit indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining. No petition for certification may be filed prior to August 21, 1996.</text> </paragraph> <paragraph num="I."> <text>Within 5 days of determination that valid petition has been submitted, the official or officials designated by the Governor to administer this Order shall notify interested employee organizations on the pending election petition.</text> </paragraph> <paragraph num="J."> <text>Any interested employee organization that wishes to intervene must submit a petition of intervention which must be accompanied by a showing of interest supported by 10 percent of the employees in the appropriate bargaining unit indicating their desire to be exclusively represented by the intervenor for the purpose of collective bargaining, which petition must be filed within 15 days of notice of the pending election petition.</text> </paragraph> <paragraph num="K."> <text>An election under this Order shall be held in any unit within 90 days after the filing of a valid petition for election in such unit in accordance with guidelines established by the official or officials designated by the Governor to administer this Order. In any initial representation election conducted pursuant to this Order, the choice of “no representative” shall appear on the ballot. In the event that none of the alternatives listed on the ballot receives a majority of the valid ballots cast in any initial representation election held pursuant to this Order, a run-off election shall be held between the two choices that received the highest number of votes cast in the initial election.</text> </paragraph> <paragraph num="L."> <text>Certification of an employee exclusive bargaining representative shall continue so long as such organization satisfies the criteria of this Order and subsequent guidelines applicable to certification. A petition to decertify an existing exclusive bargaining representative may be filed in the same manner as a petition for certification, as provided in paragraph H. of this Order, except that no decertification petition may be filed for any bargaining unit if:</text> <paragraph num="(1)"> <text>An exclusive bargaining representative for that bargaining unit has been certified within the preceding 2 years; or</text> </paragraph> <paragraph num="(2)"> <text>The bargaining unit has in effect a valid memorandum of understanding that, by its terms, does not exceed 3 years in duration; provided, that the limitation imposed by this paragraph shall not bar the filing of a decertification petition within the 90-day period immediately preceding the expiration of such memorandum of understanding.</text> </paragraph> </paragraph> <paragraph num="M."> <text>If a decertification petition is filed, the existing exclusive bargaining representative shall be deemed an intervenor on that petition and will not be required to submit the showing of interest that would otherwise be required by paragraph J. of this Order. Nothing in this paragraph shall require that a representation election be conducted in any unit within 12 months after a valid election with respect to such unit had been held pursuant to the provisions of this Order.</text> </paragraph> <paragraph num="N."> <text>Certification of an employee exclusive bargaining representative shall not preclude any employee or group of employees, regardless of employee organization membership, from bringing matters of personal concern to the attention of appropriate officials with a representative of his/her own choosing in a grievance proceeding held pursuant to a memorandum of understanding.</text> </paragraph> <paragraph num="O."> <text>An employee organization certified as the exclusive bargaining representative of employees of an appropriate bargaining unit shall be:</text> <paragraph num="(1)"> <text>Entitled to speak on behalf of all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to employee organization membership;</text> </paragraph> <paragraph num="(2)"> <text>Exclusively permitted to have organizational membership dues collected by payroll deduction upon signed written request of employee conforming to law; except that any other organization that qualifies for payroll deduction of dues pursuant to §6-402 of the State Personnel Article of the Annotated Code of Maryland shall continue to be eligible to receive payroll deduction of dues for as long as it remains so qualified; and</text> </paragraph> <paragraph num="(3)"> <text>Entitled to meet and negotiate with the Governor or the Governor's designee on wages, hours, and working conditions in an effort to reach an agreement subject to the approval of the Governor.</text> </paragraph> </paragraph> <paragraph num="P."> <text>Managerial and supervisory employees are directed to refrain, to the fullest extent permitted by law, from:</text> <paragraph num="(1)"> <text>Interfering with, restraining, or coercing Executive Branch employees in the exercise of rights granted by this Order;</text> </paragraph> <paragraph num="(2)"> <text>Interfering with, restraining, or coercing an Executive Branch employee with respect to selecting a representative for purposes of negotiating collectively or the adjustment of grievances;</text> </paragraph> <paragraph num="(3)"> <text>Refusing to bargain collectively with the employee exclusive bargaining representative as required in this Order; or</text> </paragraph> <paragraph num="(4)"> <text>Refusing to negotiate in good faith or to execute or implement any memorandum of understanding negotiated pursuant to this Order.</text> </paragraph> </paragraph> <paragraph num="Q."> <text>It shall be a violation of this Order for any employee organization which has been certified as the exclusive representative of employees under this Order to engage in a strike or work stoppage against the State of Maryland. An employee organization shall forfeit its status as the exclusive representative of employees under this Order if the organization engages in a strike or work stoppage against the State of Maryland.</text> </paragraph> <paragraph num="R."> <text>This Order may be revoked or amended by the Governor at any time.</text> </paragraph> <paragraph num="S."> <text>The provisions of this Order shall in no way diminish or infringe any rights, responsibilities, power or duties conferred by the Constitution of the State of Maryland and the Annotated Code of Maryland.</text> </paragraph> <paragraph num="T."> <text>In the event that a challenge to any provision of this Order results in a judicial determination that such provision is contrary to law, such provision shall be deemed separable from all other provisions of this Order.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 24, 1996 (23:13 Md. R. 923)</annotation> </annotations> </regulation> </chapter> <chapter num="1998" heading=""> <regulation prefix="Executive Order" num=".04" heading="Smart Growth and Neighborhood Conservation Policy"> <paragraph num="A."> <text>Purpose. This Executive Order establishes the Smart Growth and Neighborhood Conservation Policy, as defined in this Executive Order and effectuates the State Economic Growth, and Resource Protection and Planning Policy mandated and adopted by the General Assembly in 1992 (Chapter 437 of the Acts of 1992).</text> </paragraph> <paragraph num="B."> <text>Smart Growth and Neighborhood Conservation Policy. The Policy provides that:</text> <paragraph num="(1)"> <text>State agencies give priority to central business districts, downtown cores, empowerment zones and revitalization areas when funding infrastructure projects or locating new facilities;</text> </paragraph> <paragraph num="(2)"> <text>State agencies review, evaluate and coordinate programs, services and activities in Priority Funding Areas to enhance and support community revitalization;</text> </paragraph> <paragraph num="(3)"> <text>State agencies work with local jurisdictions to ensure that programs and activities in rural areas will sustain the character of villages in the area;</text> </paragraph> <paragraph num="(4)"> <text>State agencies encourage locating workshops, conferences and other meetings in Priority Funding Areas and support available businesses in these areas when planning such activities; and</text> </paragraph> <paragraph num="(5)"> <text>State agencies encourage federal agencies to adopt flexible regulations and standards which are more responsive to State and local policies and can be used to support the Smart Growth policies.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Scope and Implementation of the Policy.</text> <paragraph num="(1)"> <text>All State agencies will implement the Smart Growth and Neighborhood Conservation Policy established in this Executive Order and pursuant to Acts 1 and 2 (Brownfields), Acts 755 and 756 (Job Creation Tax Credit), Acts 757 and 758 (Rural Legacy), and Act 759 (Priority Funding Areas) of the Laws of Maryland 1997.</text> </paragraph> <paragraph num="(2)"> <text>The Policy will apply to all decisions made by an agency when statute or other law confers decision-making discretion to the agency.</text> </paragraph> <paragraph num="(3)"> <text>State agencies will continue to implement the State Economic Growth and Resource Protection and Planning Policy.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Smart Growth and Neighborhood Conservation Sub-Cabinet.</text> <paragraph num="(1)"> <text>There is a Smart Growth and Neighborhood Conservation Sub-Cabinet. The Sub-Cabinet will consist of the following members:</text> <paragraph num="(a)"> <text>Secretary of Agriculture;</text> </paragraph> <paragraph num="(b)"> <text>Secretary of Budget and Management;</text> </paragraph> <paragraph num="(c)"> <text>Secretary of Business and Economic Development;</text> </paragraph> <paragraph num="(d)"> <text>Secretary of the Environment;</text> </paragraph> <paragraph num="(e)"> <text>Secretary of General Services;</text> </paragraph> <paragraph num="(f)"> <text>Secretary of Housing and Community Development;</text> </paragraph> <paragraph num="(g)"> <text>Assistant Secretary of the Office of Neighborhood Revitalization;</text> </paragraph> <paragraph num="(h)"> <text>Secretary of Natural Resources;</text> </paragraph> <paragraph num="(i)"> <text>Director of the Office of Planning;</text> </paragraph> <paragraph num="(j)"> <text>Secretary of Transportation;</text> </paragraph> <paragraph num="(k)"> <text>Special Assistant to the Governor for Smart Growth; and</text> </paragraph> <paragraph num="(l)"> <text>One Additional Representative of the Governor's Office.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Director of the Maryland Office of Planning will serve as Chairman of the Sub-Cabinet and will schedule meetings. Principal staff support for the Sub-Cabinet will be provided by the Office of Planning.</text> </paragraph> <paragraph num="(3)"> <text>The Sub-Cabinet will:</text> <paragraph num="(a)"> <text>Assist in the implementation of the Smart Growth Policy and recommend to the Governor changes in State law, regulations and procedures needed to support this Policy;</text> </paragraph> <paragraph num="(b)"> <text>Provide a forum for discussion of interdepartmental issues relating to activities that affect growth, development, neighborhood conservation and resource management;</text> </paragraph> <paragraph num="(c)"> <text>Establish a mechanism, using the Maryland Office of Planning Parcel Mapping System, Maryland Property View, for identification and coordination of all State activities and projects within Priority Funding Areas and ensure that all State actions that influence redevelopment and growth are identified and submitted for review during project planning;</text> </paragraph> <paragraph num="(d)"> <text>Develop procedures to review projects of extraordinary circumstances as defined in §5-7B-05 of the State Finance and Procurement Article prior to submittal before the Board of Public Works;</text> </paragraph> <paragraph num="(e)"> <text>Work with the Office of Planning and the Department of Transportation to develop a procedure for notification, review and comment in accordance with §5-7B-06 of the State Finance and Procurement Article, which provides for State funding of certain projects not in Priority Funding Areas as exceptions without the approval of the Board of Public Works;</text> </paragraph> <paragraph num="(f)"> <text>Maintain, and when necessary, review and revise procedures established pursuant to §5-7A-02 of the State Finance and Procurement Article for the review of State projects and agency determinations of project consistency or inconsistency with the 1992 Growth Act; and</text> </paragraph> <paragraph num="(g)"> <text>Work together using all available resources to promote the understanding of the Smart Growth Initiatives.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Procedures for review and coordination of projects and activities in Priority Funding Areas.</text> <paragraph num="(1)"> <text>The Maryland Office of Planning will:</text> <paragraph num="(a)"> <text>Provide mapping and other technical assistance, as requested, to counties and municipalities when mapping certified Priority Funding Areas;</text> </paragraph> <paragraph num="(b)"> <text>Help local governments establish an opportunity for public review of proposed Priority Funding Areas prior to certification;</text> </paragraph> <paragraph num="(c)"> <text>Provide local governments a standard GIS digital protocol for use when developing the map illustrating the precise location of the certified Priority Funding Area;</text> </paragraph> <paragraph num="(d)"> <text>Consider the capacity of land areas available for growth, including in-fill development and the analysis of the land area needed to satisfy growth needs for development when commenting on Priority Funding areas certified by local governments;</text> </paragraph> <paragraph num="(e)"> <text>Provide comments to each State agency on Priority Funding Areas certified by local governments and provide State agencies with maps illustrating areas certified by local governments as Priority Funding Areas; and</text> </paragraph> <paragraph num="(f)"> <text>Establish a schedule for annual updates of the maps.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>All State agencies will:</text> <paragraph num="(a)"> <text>Refer to the maps provided by the Office of Planning when making decisions to fund projects proposed in a certified Priority Funding Area;</text> </paragraph> <paragraph num="(b)"> <text>Prior to funding a growth-related project, obtain from the affected local government a written statement that the proposed growth-related project is located within a Certified Priority Funding Area. When applicable this statement should provide documentation to demonstrate that non-State funding of planned water and sewer is committed and moving forward in advance of, or concurrent with, State funding;</text> </paragraph> <paragraph num="(c)"> <text>Assist the Office of Planning in conducting surveys of Municipal, County and State Governments infrastructure needs as Provided in §5-7b-09(b) of the State Finance and Procurement Article including information relating to the financial capacity of the affected unit of government to undertake such projects.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>When making funding decisions, State agencies will consider:</text> <paragraph num="(a)"> <text>Whether the proposed project is located in a Priority Funding Area;</text> </paragraph> <paragraph num="(b)"> <text>Whether the project will enhance or support other activities targeted by State agencies to a community within a Priority Funding Area, such as the Brownfields-Voluntary Cleanup and Revitalization Incentive Program and tax credits targeted to revitalization areas;</text> </paragraph> <paragraph num="(c)"> <text>Whether the project is located in a Designated Neighborhood in accord with the requirements of the Neighborhood Business Development Program of the Department of Housing and Community Development;</text> </paragraph> <paragraph num="(d)"> <text>Whether the project supports existing neighborhoods and communities;</text> </paragraph> <paragraph num="(e)"> <text>Whether the project will promote the use of mass transit;</text> </paragraph> <paragraph num="(f)"> <text>Whether the project is consistent with any adjacent jurisdiction's Smart Growth plans;</text> </paragraph> <paragraph num="(g)"> <text>Whether the project reduces or promotes sprawl; and</text> </paragraph> <paragraph num="(h)"> <text>Other guidelines developed by the Smart Growth and Neighborhood Conservation Sub-Cabinet.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Each agency shall, where appropriate, adopt regulations implementing §5-7A-02 and §5-7B of the State Finance and Procurement Article. Each agency shall identify opportunities to modify existing regulations to carry out the purposes of this policy and the 1992 Growth Act.</text> </paragraph> <paragraph num="(5)"> <text>State agencies and the State Clearinghouse for Intergovernmental Review and Coordination Process will, when possible, coordinate review of federal projects in relation to their location in Priority Funding Areas and to encourage compliance with the Federal Executive Order 12072-Federal Space Management, which directs federal agencies to locate facilities in urban areas.</text> </paragraph> <paragraph num="(6)"> <text>The Office of Planning and the Department of Transportation will adopt procedures for the review of transportation projects as provided in §5-7B-05 of the State Finance and Procurement Article and jointly determine compliance with that section, prior to the submission of a request for funding to the Board of Public Works.</text> </paragraph> <paragraph num="(7)"> <text>The Department of Business and Economic Development will consider the jurisdiction's comprehensive plan, the location of the site in relation to available sewer and water and other Priority Funding Areas when reviewing applications for a new Enterprise Zone.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Procedures for Annual Reports. The Office of Planning, with the assistance of all affected State agencies, will evaluate and report annually to the Governor, the General Assembly and the State Economic Growth, Resource Protection, and Planning Commission on the implementation of the Smart Growth Policy.</text> <paragraph num="(1)"> <text>Agencies will provide an annual report to the Office of Planning that should include the following:</text> <paragraph num="(a)"> <text>A description of projects/programs and costs of activities located in Priority Funding Areas;</text> </paragraph> <paragraph num="(b)"> <text>A description of projects/programs and costs of activities funded under the exceptions allowed in §5-7B-06 of the State Finance and Procurement Article;</text> </paragraph> <paragraph num="(c)"> <text>Projects submitted to the Board of Public Works for funding outside Priority Funding Areas under the extraordinary circumstances exception in accordance with §5-7B-05 of the State Finance and Procurement Article and the impact of these projects upon this policy;</text> </paragraph> <paragraph num="(d)"> <text>A list of programs and policies reviewed and changed to ensure compliance with the Policy; and</text> </paragraph> <paragraph num="(e)"> <text>A list of projects or programs approved and funded under §2 of Chapter 759 of the Acts of 1997.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>The Smart Growth and Neighborhood Conservation Coordinating Subcommittee. Each State agency will identify a staff person responsible for the implementation of the Smart Growth Policy. This person will be empowered to make policy recommendations and changes to ensure that the Policy is implemented throughout the agency and reflected in all future actions. This person will also serve as a member of the Smart Growth and Neighborhood Conservation Coordinating Subcommittee.</text> <paragraph num="(1)"> <text>Members will consist of staff designated to participate in this Subcommittee by the Secretaries and Directors of the following agencies:</text> <paragraph num="(a)"> <text>Maryland Office of Planning;</text> </paragraph> <paragraph num="(b)"> <text>Housing and Community Development;</text> </paragraph> <paragraph num="(c)"> <text>Transportation;</text> </paragraph> <paragraph num="(d)"> <text>Environment;</text> </paragraph> <paragraph num="(e)"> <text>General Services;</text> </paragraph> <paragraph num="(f)"> <text>Aging;</text> </paragraph> <paragraph num="(g)"> <text>Human Resources;</text> </paragraph> <paragraph num="(h)"> <text>Crime Control and Prevention;</text> </paragraph> <paragraph num="(i)"> <text>Office of the Attorney General;</text> </paragraph> <paragraph num="(j)"> <text>Public School Construction;</text> </paragraph> <paragraph num="(k)"> <text>Education;</text> </paragraph> <paragraph num="(l)"> <text>Health and Mental Hygiene;</text> </paragraph> <paragraph num="(m)"> <text>Natural Resources;</text> </paragraph> <paragraph num="(n)"> <text>State Police;</text> </paragraph> <paragraph num="(o)"> <text>Juvenile Justice;</text> </paragraph> <paragraph num="(p)"> <text>Higher Education;</text> </paragraph> <paragraph num="(q)"> <text>Insurance;</text> </paragraph> <paragraph num="(r)"> <text>Budget and Management;</text> </paragraph> <paragraph num="(s)"> <text>Military Department;</text> </paragraph> <paragraph num="(t)"> <text>State Police;</text> </paragraph> <paragraph num="(u)"> <text>Labor, Licensing, and Regulation;</text> </paragraph> <paragraph num="(v)"> <text>Children, Youth, and Families;</text> </paragraph> <paragraph num="(w)"> <text>Public Safety and Correctional Services;</text> </paragraph> <paragraph num="(x)"> <text>Business and Economic Development;</text> </paragraph> <paragraph num="(y)"> <text>Office for Individuals with Disabilities;</text> </paragraph> <paragraph num="(z)"> <text>Forum for Rural Maryland;</text> </paragraph> <paragraph num="(aa)"> <text>Minority Affairs; and</text> </paragraph> <paragraph num="(bb)"> <text>Agriculture.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Subcommittee will be chaired by the Office of Planning and will meet at least quarterly. Membership may be revised to include additional units of government or reflect changes in State government.</text> </paragraph> <paragraph num="(3)"> <text>The Subcommittee will be staffed by the Office of Planning.</text> </paragraph> <paragraph num="(4)"> <text>The Subcommittee will:</text> <paragraph num="(a)"> <text>Develop a list of existing programs, projects and activities that will be used in Priority Funding Areas;</text> </paragraph> <paragraph num="(b)"> <text>Identify, develop and adopt methods and procedures that will coordinate these programs within targeted communities in Priority Funding Areas; and</text> </paragraph> <paragraph num="(c)"> <text>Undertake tasks as assigned by the Smart Growth and Neighborhood Conservation Sub-Cabinet.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>This Executive Order is not intended to and may not be construed to confer any right, privilege or status on any private party cognizable by a court in any proceeding. No bond, note, debt, leasing, financing arrangement, or other debt obligation of any kind of the State, a State agency or a local jurisdiction may be deemed, held or otherwise considered to be unenforceable due to a failure to comply with the terms of this Executive Order.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 23, 1998 (25:4 Md. R. 207)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".06" heading="The Governor's Committee on Employment of People With Disabilities (Amended COMAR 01.01.1996.15)"> <paragraph num="A."> <text>There is a Governor's Committee on Employment of People with Disabilities within the Office for Individuals with Disabilities in the Executive Branch of the government.</text> </paragraph> <paragraph num="B."> <text>The Governor's Committee on Employment of People with Disabilities is affiliated with the President's Committee on Employment of People with Disabilities located in Washington, D.C.</text> </paragraph> <paragraph num="C."> <text>Staff support for the Governor's Committee on Employment of People with Disabilities shall be provided by the Office for Individuals with Disabilities.</text> </paragraph> <paragraph num="D."> <text>The membership of the Committee shall consist of a total of 36 members including:</text> <paragraph num="(1)"> <text>One representative of the Department of Human Resources;</text> </paragraph> <paragraph num="(2)"> <text>Two representatives of the Department of Budget and Management, including an expert in State personnel issues;</text> </paragraph> <paragraph num="(3)"> <text>Two representatives of the Maryland State Department of Education, including a representative of the Division of Rehabilitation Services;</text> </paragraph> <paragraph num="(4)"> <text>One representative of the Executive Department Office for Individuals with Disabilities;</text> </paragraph> <paragraph num="(5)"> <text>One representative of the Senate of Maryland;</text> </paragraph> <paragraph num="(6)"> <text>One representative of the Maryland House of Delegates;</text> </paragraph> <paragraph num="(7)"> <text>One representative of the Maryland Department of Transportation;</text> </paragraph> <paragraph num="(8)"> <text>One representative of the Department of Labor, Licensing, and Regulation;</text> </paragraph> <paragraph num="(9)"> <text>One representative of the Department of Health and Mental Hygiene;</text> </paragraph> <paragraph num="(10)"> <text>One representative of the Department of Housing and Community Development;</text> </paragraph> <paragraph num="(11)"> <text>One representative of the Maryland Human Relations Commission;</text> </paragraph> <paragraph num="(12)"> <text>One representative of the Maryland Department of Business and Economic Development;</text> </paragraph> <paragraph num="(13)"> <text>Members appointed by the Governor to represent business and industry, labor, consumers, consumer advocacy groups, private agencies with disabled client populations, the news media, fraternal and religious groups, the medical community and others within the community interested in the goals and objectives of the Committee; and</text> </paragraph> <paragraph num="(14)"> <text>At least 14 members of the Committee must be individuals with disabilities.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Members appointed by the Governor shall serve 3-year staggered terms. A member may not serve consecutively more than 2 three-year terms. All other members shall serve so long as they continue to hold agency representation as provided under §D(1) through (12) of this Executive Order.</text> </paragraph> <paragraph num="F."> <text>The Governor shall designate a Chairperson who shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="G."> <text>The Chairpersons of the County Committees on Employment of People with Disabilities shall be entitled to ex-officio membership on the Committee.</text> </paragraph> <paragraph num="H."> <text>All members are subject to Article 41, §1-203 of the Maryland Annotated Code which contains provisions governing attendance at meetings.</text> </paragraph> <paragraph num="I."> <text>The purpose and objectives of this Committee shall be:</text> <paragraph num="(1)"> <text>To promote meaningful employment opportunities for qualified individuals with mental, physical, and emotional disabilities as defined by the Rehabilitation Act of 1973 as amended;</text> </paragraph> <paragraph num="(2)"> <text>To promote a climate of public awareness and understanding of both the barriers to employment faced by people with disabilities and the laws ensuring equal opportunity to this employment; and</text> </paragraph> <paragraph num="(3)"> <text>To promote a better understanding among people with disabilities of opportunities available for habilitation and rehabilitation in order that more and more will have marketable job skills.</text> </paragraph> </paragraph> <paragraph num="J."> <text>The functions of the Committee shall be to:</text> <paragraph num="(1)"> <text>Plan and carry out year-round education programs designed to promote a climate of public awareness and understanding of the attitudinal, architectural, educational, housing, transportation, and other barriers to employment and life quality faced by people with disabilities;</text> </paragraph> <paragraph num="(2)"> <text>Stimulate state and local community interest by securing the active cooperation and participation of such “public” entities as business and industry, labor, government, educators, public and private agencies serving people with disabilities, consumers, consumer advocates and civic organizations;</text> </paragraph> <paragraph num="(3)"> <text>Plan and carry out/or participate in special events and programs designed to highlight abilities of qualified people with disabilities and programs to facilitate employment of such persons;</text> </paragraph> <paragraph num="(4)"> <text>Encourage and facilitate the development and functioning of local committees on employment of people with disabilities;</text> </paragraph> <paragraph num="(5)"> <text>Coordinate with and participate in activities of other public and private agencies; and</text> </paragraph> <paragraph num="(6)"> <text>Cooperate with the President's Committee on Employment of People with Disabilities in programs and activities initiated at the national level.</text> </paragraph> </paragraph> <paragraph num="K."> <text>The Governor's Committee on Employment of People with Disabilities shall promulgate and adopt a set of By-Laws and operating procedures that are consistent with the intent of this Executive Order and these By-Laws shall be on file in the Governor's Appointment Office.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 20, 1979 (6:25 Md. R. 1967)</annotation> <annotation type="History" subtype="Administrative History">Amended effective July 31, 1980 (7:17 Md. R. 1659); December 26, 1983 (11:2 Md. R . 104); October 20, 1989 (13:23 Md. R . 2468); March 11, 1987 (14:8 Md. R. 920); August 9, 1989 (16:18 Md. R. 1990); June 28, 1996 (23:15 Md. R. 1073); February 10, 1998 (25:6 Md. R. 390)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".07" heading="Debt Issued by State Entities (Rescinded COMAR 01.01.1989.13)"> <paragraph num="A."> <text>Definitions. In this Executive Order the following words have the meanings indicated:</text> <paragraph num="(1)"> <text>“Board” means the Board of Public Works;</text> </paragraph> <paragraph num="(2)"> <text>“Department” means the Department of Budget and Management;</text> </paragraph> <paragraph num="(3)"> <text>“Secretary” means the Secretary of the Department of Budget and Management;</text> </paragraph> <paragraph num="(4)"> <text>“State entity” means any agency or instrumentality of the State other than the Board of Public Works;</text> </paragraph> <paragraph num="(5)"> <text>“Debt” means a bond, note, bond anticipation note, capital lease, or any other evidence of indebtedness; and</text> </paragraph> <paragraph num="(6)"> <text>“Transaction” means the issuance of debt.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Duties of the Department of Budget and Management. The Department is assigned the responsibility for monitoring levels of debt of certain State entities. Specifically, the Department shall:</text> <paragraph num="(1)"> <text>Recommend to the Governor the level of annual debt issuances for certain State entities;</text> </paragraph> <paragraph num="(2)"> <text>Report annually on the levels of debt issued and outstanding by certain State agencies;</text> </paragraph> <paragraph num="(3)"> <text>Serve as the coordinating agency for issuances of debt by State agencies and instrumentalities; and</text> </paragraph> <paragraph num="(4)"> <text>Arrange for centralized procurement, when appropriate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Issuance Amounts.</text> <paragraph num="(1)"> <text>After consultation with the State entities, each year the Department shall recommend to the Governor for the next fiscal year the amount of debt, net of refunding debt, that may be issued by each of the following entities:</text> <paragraph num="(a)"> <text>Maryland Environmental Service;</text> </paragraph> <paragraph num="(b)"> <text>Maryland Food Center Authority;</text> </paragraph> <paragraph num="(c)"> <text>Maryland Transportation Authority; and</text> </paragraph> <paragraph num="(d)"> <text>Maryland Water Quality Financing Administration.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>On or before March 15 of each year, the Department shall notify the affected State entities and the Board of the amounts as set by the Governor for the next fiscal year and shall cause the amounts to be published in the Maryland Register.</text> </paragraph> <paragraph num="(3)"> <text>During the fiscal year, the Governor may increase or decrease the amounts by notice to the Department. The Department shall notify the affected State entity and the Board of any change and shall cause such changes to be published in the Maryland Register.</text> </paragraph> <paragraph num="(4)"> <text>If a State entity does not issue all of its approved amounts during the fiscal year, such unused portion may not be used in any succeeding fiscal year.</text> </paragraph> <paragraph num="(5)"> <text>The Secretary may add other State entities that issue non-tax supported debt not otherwise limited by law to those listed in §C(1) of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Reporting Requirements.</text> <paragraph num="(1)"> <text>No later than October 1 of each year, each State entity that issues debt not otherwise limited in amount by State law shall report to the Department for the previous fiscal year:</text> <paragraph num="(a)"> <text>For each transaction, the title, amount, and other information required by the Department; and</text> </paragraph> <paragraph num="(b)"> <text>The amount of debt outstanding at the beginning of the fiscal year, issued during the fiscal year, redeemed, refunded, or otherwise retired during the fiscal year, and outstanding at the end of the fiscal year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>By November 1, the Department shall report to the General Assembly, subject to the provisions of §2-1312 of the State Government Article, and to the Board on the transactions, the level of outstanding debt, and the levels of debt issued and redeemed in the preceding fiscal year.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Notification. Any State entity planning a transaction of $25,000,000 or greater principal amount shall provide notice to the Department at least 30 days prior to the transaction. The notice may take the form of a preliminary official statement, if available. If no such statement is available, the notice shall include:</text> <paragraph num="(1)"> <text>The purpose of the transaction;</text> </paragraph> <paragraph num="(2)"> <text>The proposed sale date;</text> </paragraph> <paragraph num="(3)"> <text>The nature of the transaction;</text> </paragraph> <paragraph num="(4)"> <text>The proposed principal amount of the transaction; and</text> </paragraph> <paragraph num="(5)"> <text>Any other information which the Department may request.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Financial Services and Technical Assistance.</text> <paragraph num="(1)"> <text>Upon recommendation of the Governor, the Board may delegate to the Treasurer procurement of any financial services and technical assistance required in connection with the issuance of debt, but the fees for such services shall be paid from the proceeds of the transaction or other funds as provided.</text> </paragraph> <paragraph num="(2)"> <text>At the request of the Governor, the Treasurer may issue debt on behalf of a State entity.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Compliance with Executive Order.</text> <paragraph num="(1)"> <text>The Secretary may waive or extend any deadlines for action under this Executive Order, other than any action to be taken by the Governor. Any waiver or extension shall be in writing.</text> </paragraph> <paragraph num="(2)"> <text>At the request of any State entity, the Secretary shall:</text> <paragraph num="(a)"> <text>Certify the amount of debt that may be issued by such State entity as of the date of such certification; or</text> </paragraph> <paragraph num="(b)"> <text>Certify compliance with §E of this Executive Order.</text> </paragraph> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 10, 1998 (25:6 Md. R. 391)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".25" heading="Domestic Violence and the Workplace"> <paragraph num="A."> <text>That each department and agency of the State of Maryland shall within the next year adopt policies and procedures which:</text> <paragraph num="(1)"> <text>Clearly direct that State agencies will not tolerate domestic violence;</text> </paragraph> <paragraph num="(2)"> <text>Instruct employees on how to offer assistance to domestic violence victims in an expedient, meaningful and confidential manner;</text> </paragraph> <paragraph num="(3)"> <text>Provide for the conspicuous posting of information about domestic violence and available resources;</text> </paragraph> <paragraph num="(4)"> <text>Provide for domestic violence awareness training for employees; and</text> </paragraph> <paragraph num="(5)"> <text>Prohibit unfair treatment of employees by the employers based solely on their status as victims of domestic violence.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The provisions of this Executive Order are not intended to alter any existing collective bargaining agreements or to supersede applicable federal or State law.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 1, 1998 (25:23 Md. R. 1684</annotation> </annotations> </regulation> </chapter> <chapter num="1999" heading=""> <regulation prefix="Executive Order" num=".30" heading="PROTOCOL FOR THE MARYLAND STATE FLAG (Amends COMAR 01.01.1990.05)"> <text>Note: The following protocol provides guidelines for the proper display of the Maryland flag. Those provisions followed by a reference to the Annotated Code of Maryland are based on statutes, and violations of them may carry legal penalties.</text> <text>DESCRIPTION AND CARE:</text> <paragraph num="1.01"> <text>The Maryland flag was adopted as the State flag by an Act of the General Assembly in 1904 (Maryland Code, State Government Article, Section 13-201).</text> </paragraph> <paragraph num="1.02"> <text>The Maryland flag is divided into four quarters. The first and fourth quarters consist of six vertical bars alternately yellow (representing gold) and black with a diagonal band on which the colors are reversed. The yellow and black quarters represent the family arms of the first proprietor of Maryland, George Calvert, 1st Lord Baltimore. The second and third quarters consist of a quartered field of red and white (representing silver) bearing a Greek cross with arms terminating in trefoils. The colors in the second and third quarters alternate, with red being on the white ground and white on the red. The red and white quarters display the arms of Lord Baltimore's maternal family, the Crosslands (Maryland Code, State Government Article, Section 13-202).</text> </paragraph> <paragraph num="1.03"> <text>The diagonal band in each Calvert quadrant of the Maryland flag should be centered at the corners.</text> </paragraph> <paragraph num="1.04"> <text>The red and yellow colors in the Maryland flag should conform to the following Pantone Marking System colors:</text> </paragraph> <paragraph num="1.05"> <text>The Maryland flag should be folded and stored in a way to preserve it from damage.</text> </paragraph> <paragraph num="1.06"> <text>When the condition of a Maryland flag is such that it is no longer a fitting emblem of display, it should be disposed of in the same manner as the U.S. flag, preferably by burning, and with the same dignity as is accorded the disposal of the U.S. flag.</text> </paragraph> <paragraph num="1.07"> <text>The Maryland flag in its present form was not flown until after the Civil War. When a Maryland banner for pageants, reenactments, commemorations, and other historical occasions is desired, it may consist of the yellow and black Calvert colors displayed as in the first quarter of the Maryland flag. Two pennants, one black and the other yellow, flown on separate staffs may also be appropriately used for historical commemorations and events.</text> </paragraph> <text>PROPER DISPLAY:</text> <paragraph num="2.01"> <text>The Maryland flag should always be raised briskly and lowered slowly and ceremoniously.</text> </paragraph> <paragraph num="2.02"> <text>The Maryland flag shall be flown with the black stripe on the diagonal band of the first quarter at the top of the flagstaff (Maryland Code, State Government Article, Section 13-204).</text> </paragraph> <paragraph num="2.03"> <text>Only a gold cross bottony may be used as an ornament on the top of a flagstaff that carries the Maryland flag (Maryland Code, State Government Article, Section 13-203).</text> </paragraph> <paragraph num="2.04"> <text>The Maryland flag should be displayed on State holidays and on historic and special occasions.</text> </paragraph> <paragraph num="2.05"> <text>Except as provided in Section 4.02, the Maryland flag should not be displayed outdoors earlier than sunrise or later than sunset. When a patriotic effect is desired, however, the Maryland flag may be displayed 24 hours a day if directly illuminated during the hours of darkness.</text> </paragraph> <paragraph num="2.06"> <text>Except as provided in Section 4.02, the Maryland flag should not be displayed on days when the weather is inclement, unless an all-weather flag is displayed. An all-weather flag is made from colorfast material.</text> </paragraph> <paragraph num="2.07"> <text>The Maryland flag should be displayed on or near the main administration building of every State facility.</text> </paragraph> <paragraph num="2.08"> <text>The Maryland flag should be dipped as a mark of honor to the U.S. flag, or to the national anthem if the U.S. flag is not being displayed. When the Maryland flag is dipped, care must be taken that it does not touch the ground or floor.</text> </paragraph> <paragraph num="2.09"> <text>The Maryland flag may be dipped as a matter of courtesy to the flag of another nation, or to its national anthem if the flag is not being displayed.</text> </paragraph> <paragraph num="2.10"> <text>The Maryland flag should not be carried flat or horizontally but always aloft and free, as it is carried in a parade.</text> </paragraph> <paragraph num="2.11"> <text>When the Maryland flag is displayed on a float in a parade, the flag should always be attached securely to a staff so it can fly freely.</text> </paragraph> <paragraph num="2.12"> <text>The Maryland flag should not be draped over the hood, top, sides, or back of any vehicle, or on any railroad train, boat, or airplane.</text> </paragraph> <paragraph num="2.13"> <text>The Maryland flag should never be used to cover a platform or speaker's desk, or as a drape for the front of a speaker's platform. Bunting of yellow and black (or red and white) may be used.</text> </paragraph> <paragraph num="2.14"> <text>When displayed over the middle of a street, the Maryland flag should be suspended with the first and third quarters at the top, and with the first quarter to the flag's own right (the observer's left). When the Maryland flag and the U.S. flag are displayed together over the middle of a street, both flags should be suspended vertically and at the same level. The Maryland flag should be approximately the same size as, and never larger than, the U.S. flag. The U.S. flag should have the union to the north in an east and west street, or to the east in a north and south street. The Maryland flag should be suspended as described above, with the first quarter to the north in an east and west street, or to the east in a north and south street.</text> </paragraph> <paragraph num="2.15"> <text>When the Maryland flag is displayed in any manner other than by being flown from a staff, it should be displayed flat, whether indoors or out. When the Maryland flag is displayed either horizontally or vertically against a wall, the first quarter should be at the top and to the flag's own right (the observer's left). When the U.S. flag and Maryland flag are displayed together against a wall, the U.S. flag should have the position of honor on the flag's own right (the observer's left), with the union uppermost and to the flag's own right (the observer's left). The Maryland flag should be displayed as described above, with the first quarter uppermost and to the flag's own right (the observer's left). When displayed with the U.S. flag against a wall, the Maryland flag should be approximately the same size as, and never larger than, the U.S. flag, and it should be suspended at the same height as, and never higher than, the U.S. flag.</text> </paragraph> <text>DESECRATION:</text> <paragraph num="3.01"> <text>The Maryland flag should be accorded the same respect as the U.S. flag.</text> </paragraph> <paragraph num="3.02"> <text>A person may not intentionally mutilate, deface, destroy, burn, trample upon, or otherwise use a flag:</text> <paragraph num="(1)"> <text>In a manner intended to incite or produce an imminent breach of the peace; and</text> </paragraph> <paragraph num="(2)"> <text>Under circumstances likely to incite or produce an imminent breach of the peace (Maryland Code, Article 27, Section 83).</text> </paragraph> </paragraph> <paragraph num="3.03"> <text>The Maryland flag should not be allowed to touch anything beneath it, such as the ground, the floor, water, or merchandise.</text> </paragraph> <paragraph num="3.04"> <text>The Maryland flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.</text> </paragraph> <paragraph num="3.05"> <text>No person shall, in any manner, for exhibition or display:</text> <paragraph num="(a)"> <text>Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag . . . authorized by any law of the United States or of this State; or</text> </paragraph> <paragraph num="(b)"> <text>Expose to public view any such flag . . . upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement; or</text> </paragraph> <paragraph num="(c)"> <text>Expose to public view for sale, manufacture, or otherwise, or to sell, give or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any such flag . . . in order to advertise, call attention to, decorate, mark or distinguish such article or substance (Maryland Code, Article 27, Section 82).</text> </paragraph> </paragraph> <paragraph num="3.06"> <text>The prohibition against use of the Maryland flag outlined in 3.05 shall not apply to any act permitted by the statutes of the United States (or of this State) or by the United States Army and Navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture, apparel or jewelry whereon shall be depicted said flag . . . with no design or words thereon and disconnected with any advertisement (Maryland Code, Article 27, Section 84).</text> </paragraph> <paragraph num="3.07"> <text>The Maryland flag itself should not be made into or be used as wearing apparel, bedding, or drapery, nor should the Maryland flag be cut, torn, or otherwise disfigured to create wearing apparel, a costume, or athletic uniform.</text> </paragraph> <paragraph num="3.08"> <text>A lapel pin bearing a replica of the Maryland flag should be worn only on the left lapel near the heart.</text> </paragraph> <paragraph num="3.09"> <text>Under the auspices of a State-sponsored program, design elements from the Maryland flag may be used in graphics, displays, or designs intended to promote Maryland and to encourage an appreciation for the State and its people.</text> </paragraph> <text>DISPLAY WITH OTHER FLAGS:</text> <paragraph num="4.01"> <text>When the Maryland flag is displayed within the State of Maryland, it should occupy the position of honor (to the flag's own right, or the observer's left) after the U.S. flag and the flag of any other nation, and before the flags of other states, Maryland counties and Baltimore City, municipalities, and public or private organizations. The positions of honor in a display of flags are:</text> </paragraph> <paragraph num="4.02"> <text>The U.S. flag and the Maryland flag shall be flown from the State House at Annapolis continuously during sessions of the General Assembly. When the General Assembly is not in session, the U.S. flag and the Maryland flag shall be flown continuously from the State House on each day that the Governor designates as a public occasion, and on any other day, weather permitting, between sunrise and sunset (Maryland Code, State Government Article, Section 13-204).</text> </paragraph> <paragraph num="4.03"> <text>When the U.S. flag and Maryland flag are flown from a single flagstaff, the U.S. flag should be displayed from the peak position with the Maryland flag immediately below it. The Maryland flag should be approximately the same size as, and never larger than, the U.S. flag.</text> </paragraph> <paragraph num="4.04"> <text>When the Maryland flag and the U.S. flag are displayed on separate flagpoles, the flagpoles should be of equal height and the Maryland flag should be approximately the same size as, and never larger than, the U.S. flag. The U.S. flag should be flown from the position of honor on the flag's own right, or from the flagpole on the left as normally viewed by the observer. The Maryland flag should be flown from the second position of honor, or from the flagpole on the right as normally viewed by the observer.</text> </paragraph> <paragraph num="4.05"> <text>At a Maryland facility located in another state, the flag of the host state may be flown on an adjacent staff of equal height. The Maryland flag and the flag of the host state should be of approximately the same size, and the Maryland flag should be flown in the position of honor (to the flag's own right, or to the observer's left) after the U.S. flag. When the Maryland flag is flown with the U.S. flag and the flag of another state at such a facility, the proper order from the observer's left is the U.S. flag, the Maryland flag, and the flag of the host state.</text> </paragraph> <paragraph num="4.06"> <text>The U.S. flag displayed from a staff either on a speaker's platform or at floor level in a public auditorium should occupy the position of honor to the speaker's right as the speaker faces the audience. The Maryland flag displayed from a staff either on a speaker's platform or on the main floor of a public auditorium should be placed in the second position of honor to the left (the observer's right) of the U.S. flag. Both the U.S. and the Maryland flags may be to the speaker's right (the observer's left), or the Maryland flag (but not the U.S. flag) may be to the speaker's left (observer's right).</text> </paragraph> <paragraph num="4.07"> <text>When the Maryland flag and U.S. flag are displayed from separate staffs grouped around a central point, the U.S. flag should be at the highest point of the group. The Maryland flag takes the next place of honor (on the observer's extreme left).</text> </paragraph> <paragraph num="4.08"> <text>When displayed with the Maryland flag from crossed staffs, the U.S. flag should be on the flag's own right (the observer's left) and its staff should be in front of the staff of the Maryland flag.</text> </paragraph> <paragraph num="4.09"> <text>When carried in a procession with the Maryland flag and other flags, the U.S. flag should be on the marching right (the observer's left) with the Maryland flag taking the next position of honor (to the observer's right). The U.S. flag can also be carried in front of and at the center of a line of flags in a procession, in which case the Maryland flag should take the next position of honor on the marching right (the observer's left) of the line.</text> </paragraph> <paragraph num="4.10"> <text>When the U.S. and Maryland flags are flown from a cross staff, the U.S. flag flies from the peak and the Maryland flag occupies the position on the right end of the cross staff (the observer's left).</text> </paragraph> <paragraph num="4.11"> <text>When the U.S. and Maryland flags are flown from a cross staff with a gaff, the U.S. flag flies at the gaff and the Maryland flag occupies the position on the right end of the cross staff (the observer's left). If county, city, or private flags are also flown, the next position of honor is the left end of the cross staff (the observer's right) followed by the peak of the staff.</text> </paragraph> <text>USE DURING PERIOD OF MOURNING:</text> <paragraph num="5.01"> <text>The Maryland flag should be flown at half-staff whenever the U.S. flag is so flown. Half-staff means lowering the flag to one-half the distance between the top and the bottom of the staff. When flown at half-staff, the Maryland flag should be hoisted briskly to the peak for an instant and then lowered slowly to half-staff. Before being lowered for the day, the Maryland flag should again be raised to the peak.</text> </paragraph> <paragraph num="5.02"> <text>When the U.S. flag and the Maryland flag are flown together at half-staff, whether from adjacent staffs or from a single staff with two halyards, the U.S. flag is raised first and lowered last. When flown from a single staff with one halyard, the Maryland flag is secured to the halyard immediately below the U.S. flag and accompanies it as the U.S. flag is raised to the peak and lowered to half-staff.</text> </paragraph> <paragraph num="5.03"> <text>By order of the Governor or his authorized representative, the Maryland flag shall be flown at half-staff upon the death of present or former government officials or state and national leaders, and on other occasions as the Governor or his authorized representative directs. The Maryland flag shall remain at half-staff for the period prescribed by the Governor or his authorized representative.</text> </paragraph> <paragraph num="5.04"> <text>The Maryland flag should be flown at half-staff when ordered by county and municipal government officials on all property under their jurisdiction.</text> </paragraph> <paragraph num="5.05"> <text>On Memorial Day, the U.S. flag and Maryland flag are displayed at half-staff until noon only; then they are hoisted to the top of the staff.</text> </paragraph> <paragraph num="5.06"> <text>The Maryland flag may be used to cover the coffin of a State police officer killed in the line of duty, or any other State official or public servant who devoted a substantial part of his or her career to public service in the State. When the Maryland flag is used to cover a casket, it should be placed so that the first quarter is at the head and over the left shoulder. The Maryland flag should not be lowered into the grave or allowed to touch the ground.</text> </paragraph> <paragraph num="5.07"> <text>During periods of official mourning, the Maryland flag may be draped with crepe when it is not possible to display the flag at half-staff. When so ordered by the Governor or his authorized representative, the staff of the flag shall display black crepe attached to the staff below the cross bottony. The crepe shall be tied into a bow with the ends forming streamers of equal length.</text> </paragraph> <text>USE OF THE U.S. ENSIGN AND MARYLAND FLAG ON RECREATIONAL BOATS:</text> <text>Note: This section does not cover the use of yacht club burgees, owners' private signals, U.S. Power Squadron flags, U.S.C.G. Auxiliary flags, foreign flags, or social and courtesy flags. Rules for these are well-established and may be found in existing literature. The U.S. Ensign with a canton of 50 stars (as the U.S. flag is called while in nautical use) and the U.S. Yacht Ensign, with a canton of 13 stars, are interchangeable on all types of recreational vessels while in national waters. Because the preferred location for the U.S. Power Squadron flag is also the starboard spreader, it may be flown beneath the Maryland flag.</text> <paragraph num="6.01"> <text>The U.S. Ensign and the Maryland flag are normally flown from sunrise to sunset. However, at most yacht clubs “colors are made” at 0800 hours. This timing is proper when in the company of other boats simultaneously making colors. The U.S. Ensign is flown first and lowered last.</text> </paragraph> <paragraph num="6.02"> <text>If the Maryland flag is flown on sailing vessels:</text> </paragraph> <paragraph num="6.03"> <text>If the Maryland flag is flown on motorboats:</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 26, 1990 (17:8 Md. R. 960)</annotation> <annotation type="History" subtype="Administrative History">Amended effective September 13, 1999 (26:22 Md. R. 1659)</annotation> </annotations> </regulation> </chapter> <chapter num="2001" heading=""> <regulation prefix="Executive Order" num=".02" heading="Sustaining Maryland's Future with Clean Power, Green Buildings and Energy Efficiency"> <paragraph num="A."> <text>Clean Energy Procurement Goal.</text> <paragraph num="(1)"> <text>For purposes of this Executive Order, “Green Energy” is defined as energy generated from the wind, solar photovoltaic, solar thermal, biomass, landfill gas and the combustion of municipal solid waste.</text> </paragraph> <paragraph num="(2)"> <text>For the procurement of electricity for use within State owned facilities, the State of Maryland has a goal of 6% to be generated from Green Energy. No more than 50% of the total Green Energy procurement shall be derived from the combustion of municipal solid waste.</text> </paragraph> <paragraph num="(3)"> <text>In the selection of a power generation contractor chosen through the procurement process, priority consideration should be given to companies that produce green power in Maryland. The chosen contractor shall obtain certification from a State approved accreditation process that the company has met the Green Energy goal.</text> </paragraph> </paragraph> <paragraph num="B."> <text>High Efficiency Green Buildings Program.</text> <paragraph num="(1)"> <text>The State shall develop a High Efficiency Green Buildings Program committed to utilizing energy efficient and environmentally responsible approaches in the design, construction, operations, maintenance and deconstruction of all new and, to the extent possible, existing State owned and leased facilities.</text> </paragraph> <paragraph num="(2)"> <text>There is a “Maryland Green Buildings Council” (the Council). The Council shall be Chaired by the Secretary of the Department of General Services and include:</text> <paragraph num="(a)"> <text>The Secretary, or a designee of the following agencies:</text> <paragraph num="i."> <text>The Department of Budget and Management;</text> </paragraph> <paragraph num="ii."> <text>The Department of the Environment;</text> </paragraph> <paragraph num="iii."> <text>The Department of Natural Resources;</text> </paragraph> <paragraph num="iv."> <text>The Department of Public Safety and Correctional Services;</text> </paragraph> <paragraph num="v."> <text>The Department of Transportation;</text> </paragraph> <paragraph num="vi."> <text>The Department of Housing and Community Development;</text> </paragraph> <paragraph num="vii."> <text>The Department of Planning;</text> </paragraph> <paragraph num="viii."> <text>The Maryland Energy Administration;</text> </paragraph> <paragraph num="ix."> <text>The Public School Construction Program; and</text> </paragraph> <paragraph num="x."> <text>The University System of Maryland.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Six members appointed by the Governor to represent environmental, business and citizen interests, one of whom has expertise in energy conservation and/or production. Members appointed by the Governor shall serve at his pleasure for renewable and staggered 4-year terms.</text> </paragraph> <paragraph num="(c)"> <text>Members appointed by the Governor may not receive compensation, but may receive reimbursement for necessary and proper expenses directly related to their duties on the Council, in accordance with the Standard State Travel Regulations as provided in the State budget.</text> </paragraph> <paragraph num="(d)"> <text>Staff support to the Council shall be provided by the Department of General Services, with assistance as necessary to be furnished by other involved agencies and units of State government.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Council is charged with creating the High Efficiency Green Buildings Program. Within 180 days of its inception, the Council shall make recommendations to the Governor regarding appropriate criteria, standards and a numeric rating system (modeled after the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating System and the federal Energy Star Program) for use by the Program.</text> </paragraph> <paragraph num="(4)"> <text>Upon acceptance of the appropriate criteria, standards, and a numeric rating system, the High Efficiency Green Buildings Program shall be fully adopted in the design, construction, operations, maintenance and deconstruction of new State owned and leased facilities. Reasonable effort should be made to incorporate these standards into the construction of all new facilities designed before the issuance of this executive order.</text> </paragraph> <paragraph num="(5)"> <text>For all existing State owned, leased and operated buildings, reasonable efforts shall be made to maximize the use of energy efficiency and resource conservation techniques.</text> </paragraph> <paragraph num="(6)"> <text>The Council shall also have the following additional responsibilities:</text> <paragraph num="(a)"> <text>The Council shall annually reevaluate the Clean Energy Procurement Goal contained in Section A above;</text> </paragraph> <paragraph num="(b)"> <text>The Council shall consider additional State energy efficiency, energy production and sustainability issues and policies;</text> </paragraph> <paragraph num="(c)"> <text>The Council shall develop a comprehensive set of initiatives known as the “Maryland Greenhouse Gas Reduction Action Plan;” and</text> </paragraph> <paragraph num="(d)"> <text>The Council shall report annually to the Governor and to the General Assembly on the efforts of State agencies in the implementation of High Efficiency Green Buildings Program goals, Clean Energy Procurement Goal, the Greenhouse Gas Reduction Plan, and other energy efficiency, energy production and sustainability issues or policies the Council may have considered.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Additional Energy Efficiency Goals.</text> <paragraph num="(1)"> <text>Energy Efficiency Improvement Goal: The State, through cost-effective energy measures, shall reduce energy consumption per gross square foot of its facilities by 10% by 2005 and 15% by 2010 relative to 2000 baseline.</text> </paragraph> <paragraph num="(2)"> <text>Renewable Energy Project Goal: The State shall expand the use of renewable energy within its facilities, including supporting the federal Million Solar Roofs program.</text> </paragraph> <paragraph num="(3)"> <text>Efficient Product Purchase Goal: The State shall purchase Energy Star products when purchasing energy-using products, including computers, printers, copiers and other office equipment, or shall purchase products in the top 25% in energy efficiency for products where labels are not available.</text> </paragraph> <paragraph num="(4)"> <text>Pollution Prevention Goal: Beginning on January 1, 2003, State agencies shall annually divert or recycle at least 20% of the waste they generate.</text> </paragraph> <paragraph num="(5)"> <text>Alternative Fuel Vehicles Goal: Consistent with the goals of the Chesapeake 2000 Agreement, the State shall revise fleet policy and purchasing guidelines to offer more flexibility in purchasing, where practical, low emission and alternative fuel vehicles for its fleet. The State shall ensure that for fleet units operating bi-fuel or flex-fuel vehicles (vehicles that operate on either motor gasoline or an alternative fuel, as defined by the Federal Energy Policy Act) an average of 50% of the fuel used by those vehicles shall be alternative fuel. The State shall help develop the refueling and maintenance infrastructure required to make certain types of alternative fuel vehicles practical and may provide technical assistance and other incentives to use clean technology, where practical, in State transit fleets.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 13, 2001 (28:7 Md. R. 675)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".06" heading="Water Conservation by State Agencies"> <paragraph num="A."> <text>Water Conservation Goal.</text> <paragraph num="(1)"> <text>State agencies, through water conservation measures, shall reduce water consumption by at least seven percent (7%) by the year 2003, at least eight percent (8%) by the year 2005, at least nine percent (9%) by the year 2007, and at least ten percent (10%) by the year 2010, relative to baseline water use in the year 2000.</text> </paragraph> <paragraph num="(2)"> <text>For the purposes of this Executive Order, water conservation measures will apply to facilities owned, leased or managed by any State agency. This Executive Order does not apply to water production and supply functions.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Water Use Audit.</text> <paragraph num="(1)"> <text>A water use audit, which is a measurement and accounting of the amount of water conveyed through the water distribution system to water users, shall be conducted annually at all State owned or leased facilities by the State agency responsible for the lease or maintenance of the facility. Additionally, the audit will inventory all water fixtures and other water use devices to determine which are inefficient and the results shall be reported to the Maryland Department of the Environment (MDE) by July 1, 2001.</text> </paragraph> <paragraph num="(2)"> <text>During the water use audit, the State agency shall also identify any water conservation measures for immediate implementation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Water Conservation Plan.</text> <paragraph num="(1)"> <text>Each State agency responsible for the lease or maintenance of a facility shall immediately designate a water conservation coordinator who is responsible for the annual development and implementation of the agency's water use audit and water conservation plan. An agency coordinator may further designate coordinators for each facility, who will ensure that all aspects of the plan are appropriately implemented. Each responsible State agency will complete and submit to MDE a water conservation plan by October 1, 2001. A water conservation plan shall include the following fundamental elements and explain how each element is to be implemented:</text> <paragraph num="(a)"> <text>An annual water audit: The use of flow meters or other methods to routinely account for water use shall be used to demonstrate that the water use reduction goals are achieved and that inefficient water fixtures and water use devices are being eliminated; and</text> </paragraph> <paragraph num="(b)"> <text>Identify and select specific water conservation measures that need to be employed to improve water management and water use efficiency to achieve the water conservation goal of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Additionally, each responsible State agency shall address the following measures in its water conservation plan:</text> <paragraph num="(a)"> <text>The purchase of water-efficient plumbing fixtures, appliances and other products when new or replacement products are needed;</text> </paragraph> <paragraph num="(b)"> <text>The timely detection and repair of leaks in distribution lines and plumbing fixtures;</text> </paragraph> <paragraph num="(c)"> <text>Wastewater reclamation and recycling of water for nonpotable applications;</text> </paragraph> <paragraph num="(d)"> <text>Management of system pressure so as to reduce usage;</text> </paragraph> <paragraph num="(e)"> <text>Retrofit programs and fixture replacement; and</text> </paragraph> <paragraph num="(f)"> <text>Installation of efficient landscape design and irrigation techniques.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All leases, beginning in FY02, by any State agency shall include water conservation measures as a term of the lease.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Water Conservation Education.</text> </paragraph> <paragraph num="E."> <text>Water Conservation Reporting.</text> <paragraph num="(1)"> <text>On December 1, 2001, and every year thereafter, each responsible State agency shall report to the Maryland Green Buildings Council and MDE in a format provided by the Department on measures taken to reduce water use at each of its State-owned and State-leased facilities. The reports should include results from the water use audit and steps outlined in the water conservation plan.</text> </paragraph> <paragraph num="(2)"> <text>The agency reports shall be reviewed to ensure that the most appropriate water conservation measures are implemented. The Green Buildings Council, in consultation with MDE, shall determine and approve appropriate water conservation measures. The Green Buildings Council, in consultation with MDE, will annually reevaluate the water conservation goal contained in Section A above, and may waive water conservation requirements where an agency is able to demonstrate that water conservation has been optimized and further reductions are not structurally feasible.</text> </paragraph> <paragraph num="(3)"> <text>Each year the Maryland Green Buildings Council and MDE shall submit a report to the Governor regarding the effectiveness of State agencies' water conservation measures in meeting the overall water use reduction goals.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 17, 2001 (28:12 Md. R. 1099)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".18" heading="Maryland State Rehabilitation Council (Amends Executive Order 01.01.1993.25)"> <paragraph num="A."> <text>There is a Maryland State Rehabilitation Council, hereafter referred to as the Council.</text> </paragraph> <paragraph num="B."> <text>Membership and Procedures.</text> <paragraph num="(1)"> <text>The membership of the Council shall be appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities, and shall include:</text> <paragraph num="(a)"> <text>At least one representative of the Statewide Independent Living Council, who may be the chairperson or other designee of the Council;</text> </paragraph> <paragraph num="(b)"> <text>At least one representative of a parent training and information center;</text> </paragraph> <paragraph num="(c)"> <text>At least one representative of the client assistance program established under section 112 of the Rehabilitation Act, as amended;</text> </paragraph> <paragraph num="(d)"> <text>At least one vocational rehabilitation counselor with knowledge of and experience with vocational rehabilitation programs, who shall serve as an ex officio, nonvoting member of the Council if the counselor is an employee of the Division of Rehabilitation Services (DORS);</text> </paragraph> <paragraph num="(e)"> <text>At least one representative of a community rehabilitation program service provider;</text> </paragraph> <paragraph num="(f)"> <text>Four representatives of business, industry, and labor;</text> </paragraph> <paragraph num="(g)"> <text>Representatives of disability advocacy groups representing a cross section of:</text> <paragraph num="(i)"> <text>Individuals with physical, cognitive, sensory, and mental disabilities; and</text> </paragraph> <paragraph num="(ii)"> <text>Parents, family members, guardians, advocates, or authorized representatives of individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves;</text> </paragraph> </paragraph> <paragraph num="(h)"> <text>Current or former applicants for, or recipients of, vocational rehabilitation services;</text> </paragraph> <paragraph num="(i)"> <text>The Director of DORS, who shall be an ex officio member of the Council;</text> </paragraph> <paragraph num="(j)"> <text>At least one representative of the Maryland State Department of Education, Division of Special Education/Early Intervention Services;</text> </paragraph> <paragraph num="(k)"> <text>At least one representative of the Governor's Work Force Investment Board; and</text> </paragraph> <paragraph num="(l)"> <text>Any additional representatives required under Title I of the Rehabilitation Act, as amended.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>To the extent practicable, the Governor shall also consider the extent to which minority populations are represented on the Council.</text> </paragraph> <paragraph num="(3)"> <text>A majority of the Council members shall be individuals with disabilities and not employed by DORS.</text> </paragraph> <paragraph num="(4)"> <text>The Council shall select a chairperson from among the membership of the Council.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Appointments to the Council.</text> <paragraph num="(1)"> <text>The Governor will appoint members to the Council for terms of three years with such terms staggered upon initial appointment so that one-third of the Council will be appointed each year.</text> </paragraph> <paragraph num="(2)"> <text>No member of the Council, other than a representative of the Client Assistance Program, may serve more than two consecutive full terms except that a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term.</text> </paragraph> <paragraph num="(3)"> <text>A majority of the Council shall constitute a quorum for the transaction of business. The Council may adopt other rules or procedures necessary to ensure the orderly conduct of business.</text> </paragraph> <paragraph num="(4)"> <text>Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Functions of the Council. The Council shall, after consulting with the Governor's Work Force Investment Board:</text> <paragraph num="(1)"> <text>Review, analyze, and advise DORS regarding the performance of the responsibilities of DORS, particularly related to:</text> <paragraph num="(a)"> <text>Eligibility (including order of selection);</text> </paragraph> <paragraph num="(b)"> <text>The extent, scope and effectiveness of services provided; and</text> </paragraph> <paragraph num="(c)"> <text>Functions performed by DORS that affect or that potentially affect the ability of individuals with disabilities in achieving rehabilitation goals and objectives under the Rehabilitation Act, as amended.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In partnership with DORS:</text> <paragraph num="(a)"> <text>Develop, agree to and review State goals and priorities; and</text> </paragraph> <paragraph num="(b)"> <text>Evaluate the effectiveness of the Vocational Rehabilitation Program and submit reports of progress to the Commissioner of the Federal Rehabilitation Services Administration.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Advise DORS regarding activities authorized to be carried out under Title I of the Rehabilitation Act, as amended, and assist in the preparation of applications, the State plan and amendments to the plan, reports, needs assessments, and evaluations required by this Title;</text> </paragraph> <paragraph num="(4)"> <text>To the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with:</text> <paragraph num="(a)"> <text>The functions performed by DORS;</text> </paragraph> <paragraph num="(b)"> <text>Vocational rehabilitation services provided by State agencies and other public and private entities responsible for providing vocational rehabilitation services to individuals with disabilities under the Rehabilitation Act, as amended; and</text> </paragraph> <paragraph num="(c)"> <text>Employment outcomes achieved by eligible individuals receiving vocational rehabilitation services, including the availability of health and other employment benefits in connection with such employment outcomes.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Prepare and submit an annual report to the Governor and the Commissioner of the Federal Rehabilitation Services Administration on the status of vocational rehabilitation programs operated within the State, and make the report available to the public;</text> </paragraph> <paragraph num="(6)"> <text>Coordinate with other councils within the State, including the Statewide Independent Living Council established under section 705 of the Rehabilitation Act of 1973, as amended; the State Special Education Advisory Council established under section 613(a)(12) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(12), the State Developmental Disabilities Council, the State mental health planning council established under section 1916(e) of the Public Health Service Act, and the Governor's Work Force Investment Board;</text> </paragraph> <paragraph num="(7)"> <text>Advise DORS and provide for coordination and the establishment of working relationships between DORS and the Statewide Independent Living Council and centers for independent living within the State;</text> </paragraph> <paragraph num="(8)"> <text>Perform such other functions consistent with the purpose of the Council and that are comparable to the other functions performed by the Council;</text> </paragraph> <paragraph num="(9)"> <text>Perform such other functions as required under Title I of the Rehabilitation Act, as amended; and</text> </paragraph> <paragraph num="(10)"> <text>Prepare, in conjunction with DORS, a plan for the provision of such resources including such staff and other personnel as may be necessary to carry out the functions of the council as outlined in this Executive Order.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Resources.</text> <paragraph num="(1)"> <text>Supervision and Evaluation. The Council shall, consistent with State personnel laws, supervise and evaluate such staff and other personnel as may be necessary to carry out its functions.</text> </paragraph> <paragraph num="(2)"> <text>Personnel Conflict of Interest. While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by DORS or any other agency or office of the state, that would create a conflict of interest.</text> </paragraph> <paragraph num="(3)"> <text>Resolution of Disagreements. To the extent that there is a disagreement between the Council and DORS in regard to the resources necessary to carry out the functions of the Council, the disagreement shall be resolved by the Governor.</text> </paragraph> <paragraph num="(4)"> <text>Compensation and Expenses. The Council may use funds to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing the duties of the Council.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Meetings of the Council. The Council shall convene at least four meetings a year in such places as it determines to be necessary to conduct Council business and conduct such forums or hearings as the Council considers appropriate. The meetings, hearings, and forums shall be publicly announced. The meetings shall be open and accessible to the general public unless there is a valid reason for an executive session.</text> </paragraph> <paragraph num="G."> <text>Members serve at the pleasure of the Governor and may be removed for any reason adversely affecting the member's performance or the business of the Council. Members who fail to attend 50 percent of the regular meetings of the Council within a 12-month period shall be considered to have resigned.</text> </paragraph> <paragraph num="H."> <text>Conflict of Interest. No member of the Council shall cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest under State law.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 1, 1993 (20:22 Md. R. 1703)</annotation> <annotation type="History" subtype="Administrative History">Amended effective October 3, 2001 (28:22 Md. R. 1925)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".22" heading="Stormwater Management on State Lands"> <paragraph num="A."> <text>All State agencies shall:</text> <paragraph num="(1)"> <text>Establish an Institution/Agency Management Plan in accordance with the “Maryland Stormwater Management Guidelines for State and Federal Projects,” issued by the Maryland Department of the Environment, July 1, 2001.</text> <paragraph num="(a)"> <text>Identify existing developed State owned lands (e.g., all pervious and impervious surfaces) by December 31, 2002.</text> </paragraph> <paragraph num="(b)"> <text>Identify the stormwater retrofit potential of these lands by December 31, 2003.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Implement the Institution/Agency Management Plan which includes retrofitting existing impervious surfaces with a goal of a 25% reduction in effective imperviousness by 2010.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 28, 2001 (28:26 Md. R. 2264)</annotation> </annotations> </regulation> </chapter> <chapter num="2002" heading=""> <regulation prefix="Executive Order" num=".19" heading="Interstate Compact for Adult Offender Supervision"> <paragraph num="A."> <text>State Compact Administrator. The Director of the Division of Parole and Probation of the Maryland Department of Public Safety and Correctional Services shall be the Compact Administrator for Maryland.</text> </paragraph> <paragraph num="B."> <text>State Council.</text> <paragraph num="(1)"> <text>Establishment. There is a Maryland State Council for Interstate Adult Offender Supervision.</text> </paragraph> <paragraph num="(2)"> <text>Membership. The State Council is comprised of the following members to be supplemented by others that are deemed necessary by the Board:</text> <paragraph num="(a)"> <text>The Compact Administrator;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of the Department of Public Safety and Correctional Services or a designee;</text> </paragraph> <paragraph num="(c)"> <text>A representative of the Senate of Maryland, appointed by the President of the Senate;</text> </paragraph> <paragraph num="(d)"> <text>A representative of the House of Delegates, appointed by the Speaker of the House;</text> </paragraph> <paragraph num="(e)"> <text>A representative of the Judiciary, appointed by the Chief Judge of the Maryland Court of Appeals; and</text> </paragraph> <paragraph num="(f)"> <text>Such other members appointed by the Governor to provide representation from the law enforcement community, prosecutors, the public and private bar, victims' organizations and other interested groups.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Duties. The Maryland State Council for Interstate Adult Offender Supervision shall have the duties prescribed to it under the Maryland Annotated Code, Correctional Services Article, Section 6-205, including:</text> <paragraph num="(a)"> <text>Appointing the State Compact Administrator as the Commissioner to the National Interstate Commission;</text> </paragraph> <paragraph num="(b)"> <text>Overseeing and advocating the participation of the State Council in the National Interstate Commission; and</text> </paragraph> <paragraph num="(c)"> <text>Developing policy concerning operations and procedures of the Interstate Compact for Adult Offender Supervision within the State.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Reports. The State Council shall provide an annual report to the Governor each December 31 concerning its activities.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 5, 2002 (29:20 Md. R. 1570)</annotation> </annotations> </regulation> </chapter> <chapter num="2003" heading=""> <regulation prefix="Executive Order" num=".18" heading="Establishment of the Governor's Office Of Homeland Security"> <paragraph num="A."> <text>Establishment. The Governor's Office of Homeland Security is hereby established. The Office shall be managed by a Director, who shall be primarily responsible for directing and coordinating homeland security activities throughout the State, and will be the State's principal interface with local, regional, and federal counterpart organizations. The Director will advise the Governor on homeland security issues, and shall represent the Governor on boards, forums, and councils as appropriate. The Director shall serve at the will of the Governor.</text> </paragraph> <paragraph num="B."> <text>Authority. The Director of the Governor's Office of Homeland Security will direct homeland security efforts across State Government and coordinate with federal and local government, private sector, academia, and the public to find solutions that ensure public safety while protecting individual freedoms; the Director will ensure that Maryland is a full and active partner in federal homeland security and will work to leverage federal initiatives and innovations to enhance public safety and security within the State and its subdivisions.</text> </paragraph> <paragraph num="C."> <text>Staffing. The Governor's Office of Homeland Security shall be comprised of limited professional staff appointed by the Governor and by professional staff on rotational assignment from State agencies. The Maryland Emergency Management Administration (MEMA) shall provide logistical and infrastructure support. Contract employees may also be used to augment the office staff as required.</text> </paragraph> <paragraph num="D."> <text>Duties. The Director shall be responsible for the following activities:</text> <paragraph num="(1)"> <text>Direct and coordinate homeland security activities within the State, paying special attention to key linkages between federal, State, regional, subdivision, metropolitan, and purely local activities;</text> </paragraph> <paragraph num="(2)"> <text>Advise the Governor on policies, strategies, and measures to enhance and improve the ability to detect, prevent, prepare for, protect against, respond to, and recover from, man-made emergencies or disasters, including terrorist attacks;</text> </paragraph> <paragraph num="(3)"> <text>Assess the homeland security of the State of Maryland on a continuing basis and ensure the development and updating of plans as appropriate;</text> </paragraph> <paragraph num="(4)"> <text>Serve as the principal liaison to the White House Office of Homeland Security and the U.S. Department of Homeland Security as well as other federal entities within Maryland responsible for homeland security and emergency preparedness;</text> </paragraph> <paragraph num="(5)"> <text>Direct and coordinate policy and actions relating to homeland security across State agencies and political subdivisions; emphasize communication and cooperation with subdivision agencies and their first responders on all homeland security concerns; provide executive and legislative recommendations to streamline existing committees, commissions, agencies or departments to prevent redundancy or enhance efficiency; and</text> </paragraph> <paragraph num="(6)"> <text>Coordinate investment decisions to avoid conflicts, redundancies and misallocation of resources; work to obtain and allocate federal funds for State and subdivision homeland security activities.</text> </paragraph> </paragraph> <paragraph num="E."> <text>All departments, commissions, boards, agencies, and officers of the State, or any political subdivision thereof are authorized and directed to cooperate with the Director of the Governor's Office of Homeland Security in implementing the provisions of this Order.</text> </paragraph> <paragraph num="F."> <text>This Executive Order shall not be construed to alter the existing authorities of any executive agency or department, except that all executive departments and agencies are directed to assist the Maryland Director of the Governor's Office of Homeland Security in carrying out the purposes of this Order.</text> </paragraph> <paragraph num="G."> <text>This Executive Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the Governor or terminated by operation of law.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2003 (30:15 Md. R. 984)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".20" heading="Implementation of the Regulatory Review and Evaluation Act"> <text>[Rescinded COMAR 01.01.1986.01, 01.01.1991.06, and 01.01.1996.04]</text> <paragraph num="A."> <text>Purpose.</text> <paragraph num="(1)"> <text>This Executive Order implements the Regulatory Review and Evaluation Act (the Act) and is issued pursuant to State Government Article, Section 10-133, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The Act requires each unit in the Executive Branch of State government that is authorized by law to adopt regulations to:(a) propose a schedule for review of existing regulations; (b) unless exempt, review its existing regulations in accordance with criteria set forth in the Act; and (c) submit a report to the Administrative, Executive, and Legislative Review (AELR) Committee of the Maryland General Assembly.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Work Plan.</text> <paragraph num="(1)"> <text>The first step in the review process is the development by each unit of a work plan that will describe the regulatory review process to be followed for each set of regulations to be reviewed. The work plan shall be developed and submitted in accordance with State Government Article, Section 10-134.</text> </paragraph> <paragraph num="(2)"> <text>The work plan shall be submitted to the AELR Committee and the Governor well in advance of the evaluation report due date, but not later than one year before the evaluation report. The Division of State Documents shall receive and maintain the work plan on behalf of the Governor.</text> </paragraph> <paragraph num="(3)"> <text>The work plan should be appropriate for the regulations to be reviewed in accordance with the evaluation criteria as discussed in Section E of this Executive Order. Adequate resources should be devoted to the review considering the length, complexity, technical aspects, and importance of the regulations. The contents of the work plan shall be as specified in the State Government Article, Section 10-134(b).</text> </paragraph> </paragraph> <paragraph num="C."> <text>Evaluation Schedule.</text> <paragraph num="(1)"> <text>The evaluation report review schedule adopted under Executive Order 01.01.1996.04 remains in effect for evaluation reports due through July 1, 2003. As of August 2003, evaluations are due as shown in Attachment A of this Executive Order.</text> </paragraph> <paragraph num="(2)"> <text>The deadline set forth in Attachment A may be altered by applying, in writing, to the Governor before the due date, citing justification for the alteration and suggesting a date by which the unit will submit the evaluation report. If approved, the unit shall publish notice of the new due date in the Maryland Register. A request for a deadline alteration under this section shall be filed with the Division of State Documents, which shall advise the Governor as to whether to approve or deny the deadline alteration request. The Governor shall approve or deny the deadline alteration request.</text> </paragraph> <paragraph num="(3)"> <text>Regulatory review is an on-going process and shall continue for subsequent eight year periods beginning July 1, 2011. The schedule in Attachment A will apply, commencing July 2012, unless the schedule is revised by subsequent executive order. Adjustments to the schedule granted under Subsection C (2), above, do not change the deadlines for subsequent eight year periods.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Certificate of Exemption and Written Justification.</text> <paragraph num="(1)"> <text>Under State Government Article, Section 10-132.1(b), at the time a unit's regulations are scheduled for review, an adopting authority may certify to the AELR Committee and to the Governor that the review of certain regulations would not be effective or cost- effective because the regulations were adopted to implement a federally mandated or federally approved program, or initially adopted or comprehensively amended during the preceding eight years.</text> </paragraph> <paragraph num="(2)"> <text>The adopting authority claiming exemption shall provide the Governor and the AELR Committee with written justification for a certificate of exemption.</text> </paragraph> <paragraph num="(3)"> <text>A certificate of exemption and written justification required to be filed with the Governor shall be filed with the Division of State Documents, which shall receive them and maintain them for the Governor.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Evaluation Report.</text> <paragraph num="(1)"> <text>The evaluation report shall be developed in accordance with State Government Article, Section 10-135(a).</text> </paragraph> <paragraph num="(2)"> <text>In addition to the criteria for review under State Government Article, Sections 10-132(1)(i) and 10-135(a)(2), a unit should consider whether its regulations are effective in accomplishing the intended purpose of the regulations.</text> </paragraph> <paragraph num="(3)"> <text>Units are also encouraged to study existing policy statements, guidelines, or standards being applied or enforced by the unit which have not been promulgated as regulations, but which fall under the definition of regulation found in State Government Article, Section 10-101, and which should be promulgated as regulations under the Administrative Procedure Act. Additionally, units should determine whether all regulations required by recently enacted legislation have been promulgated. The results of this study may appear in the unit's evaluation report.</text> </paragraph> <paragraph num="(4)"> <text>The evaluation report shall contain the items required by State Government Article, Section 10-135(a)(2), and also shall include the dates each chapter of regulations reviewed was originally adopted or last amended.</text> </paragraph> <paragraph num="(5)"> <text>In accordance with State Government Article, Section 7-212, a unit proposing in its evaluation report to reorganize its regulations shall submit the reorganization scheme to the Division of State Documents for approval before submission of the evaluation report.</text> </paragraph> <paragraph num="(6)"> <text>In addition to the distribution of the evaluation report required by State Government Article, Section 10-135(b), the unit shall also provide a copy to the Governor and to the Division of State Documents.</text> </paragraph> <paragraph num="(7)"> <text>The evaluation report shall be in a format specified by the Division of State Documents.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Disputes.</text> <paragraph num="(1)"> <text>When an unresolved disagreement between a unit and the AELR Committee is referred to the Governor under State Government Article, Section 10-136, the unit shall submit to the Governor the documentation required by State Government Article, Section 10-136(a).</text> </paragraph> <paragraph num="(2)"> <text>If the Governor instructs a unit to modify an evaluation report under State Government Article, Section 10-136(a)(2)(ii), the unit shall prepare a revised evaluation report, in accordance with the Governor's instructions, for submission to both the AELR Committee and the Governor. The unit shall publish notice of the revised report in the Maryland Register.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 18, 2003 (30:19 Md. R. 1295)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".28" heading="Governor's Commission on Migratory and Seasonal Farm Labor"> <text>[Rescinded COMAR 01.01.1981.01, 01.01.1981.07, and 01.01.1984.02]</text> <paragraph num="A."> <text>There is a Governor's Commission on Migratory and Seasonal Farm Labor in the Department of Human Resources.</text> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="(1)"> <text>The Commission shall consist of up to 17 members appointed by the Governor, including:</text> <paragraph num="(a)"> <text>The Secretary of the Department of Agriculture, or a designee;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of the Department of Health and Mental Hygiene, or a designee;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of the Department of Human Resources, or a designee;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of the Department of Labor, Licensing and Regulation, or a designee;</text> </paragraph> <paragraph num="(e)"> <text>The State Superintendent of the Department of Education, or a designee;</text> </paragraph> <paragraph num="(f)"> <text>The Director of the University System of Maryland Cooperative Extension Service or a designee; and</text> </paragraph> <paragraph num="(g)"> <text>Up to 11 members with interest or expertise, who are appointed by the Governor. These members may include representatives of farm workers, growers, service agencies, and other organizations concerned with migratory and seasonal farm labor issues.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Members appointed by the Governor shall serve at the pleasure of the Governor for up to two consecutive four-year terms. The terms of members shall be staggered on initial appointment pursuant to this Executive Order. All other members of the commission shall serve so long as they hold the designation specified in this Executive Order.</text> </paragraph> <paragraph num="(3)"> <text>The Governor shall designate a Chairperson from among the members of the Commission, with the advice of the Secretary of Human Resources. The Chairperson shall hold office at the pleasure of the Governor.</text> </paragraph> <paragraph num="(4)"> <text>The Governor may remove any member of the Commission for any cause.</text> </paragraph> <paragraph num="(5)"> <text>In the event of a vacancy, the Governor shall appoint a successor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Commission shall meet at least four times a year, at the times and places determined by the Chairperson.</text> </paragraph> <paragraph num="(2)"> <text>A majority of Commission members shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(3)"> <text>The Commission may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(4)"> <text>By June 30 of each year, the Commission shall submit an annual report to the Governor and the Secretary of Human Resources detailing its activities in the preceding calendar year, along with any appropriate recommendations.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Expenses. Members of the Commission may not receive any compensation for their services. Public members of the Commission may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> <paragraph num="E."> <text>Staff Support. The Department of Human Resources shall provide staff support for the Commission.</text> </paragraph> <paragraph num="F."> <text>Duties. The Commission shall have the following duties and responsibilities:</text> <paragraph num="(1)"> <text>Serve as the advisory body to the Governor, the General Assembly, and agencies within the Executive Department on matters relating to the migratory and seasonal farm labor population of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Serve as a forum for farm laborers, growers, service agencies, and State agencies to share information and concerns, and to cooperate in developing recommendations concerning matters that affect the migratory and seasonal farm population of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>Work with growers, communities in which the workers live, crewleaders, private groups, churches, and agencies of State and local government for the purpose of advancing the welfare of migratory and seasonal farm laborers;</text> </paragraph> <paragraph num="(4)"> <text>Promote the coordination of and, to the degree feasible, participate in the evaluation of farm labor programs and services to this population that are provided by the State and federal government and private agencies;</text> </paragraph> <paragraph num="(5)"> <text>Conduct surveys and interview employers, workers, governmental experts, and members of the community whenever, in its judgment, these activities are necessary to assess conditions affecting migratory and seasonal farm laborers;</text> </paragraph> <paragraph num="(6)"> <text>Review and make recommendations on existing and proposed federal, State, and local legislation, rules and regulations, policies, and programs that affect or would affect the migratory and seasonal farm labor population in Maryland; and</text> </paragraph> <paragraph num="(7)"> <text>Perform any other duties that may be requested by the Governor.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 5, 2003 (30:20 Md. R. 1390)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".31" heading="Access to Assistance and Benefits for Maryland Indians"> <paragraph num="A."> <text>To the extent permitted by existing law, the State shall take reasonable steps to assist American Indian groups and members of those groups that identify themselves as American Indian and as citizens of the State in securing benefits and assistance available under State programs that benefit American Indians.</text> </paragraph> <paragraph num="B."> <text>The Maryland Commission on Indian Affairs shall assist the State in identifying American Indian groups in the State that may benefit from State and Federal government programs, and shall inform those American Indian groups and their members that assistance or benefits may be available to them under certain government programs.</text> </paragraph> <paragraph num="C."> <text>State agencies shall not prohibit American Indian groups and members of those groups who identify themselves as American Indian and as citizens of this State from identifying their heritage as American Indian on any State forms requiring or permitting identification of racial or ethnic identity, including forms for State vital records, State drivers' license and State identification card applications.</text> </paragraph> <paragraph num="D."> <text>Nothing in this Executive Order shall be construed as recognition by the State of a group's status as a Maryland Indian tribe, band, clan, or group.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 24, 2003 (30:21 Md. R. 1518)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".49" heading="Pesticide Advisory Committee"> <text>[Rescinded COMAR 01.01.1993.21 and 01.01.1997.05]</text> <paragraph num="A."> <text>Established. There is a Pesticide Advisory Committee within the Maryland Department of Agriculture.</text> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="(1)"> <text>The Committee shall consist of up to fifteen members, including:</text> <paragraph num="(a)"> <text>The Secretary of the Department of Agriculture or a designee;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of the Department of Natural Resources or a designee;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of the Department of the Environment or a designee;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of the Department of Health and Mental Hygiene or a designee;</text> </paragraph> <paragraph num="(e)"> <text>One representative of the University System of Maryland with expertise in pesticides, designated by the Chancellor;</text> </paragraph> <paragraph num="(f)"> <text>One member of the Senate of Maryland, appointed by the President of the Senate;</text> </paragraph> <paragraph num="(g)"> <text>One member of the House of Delegates, appointed by the Speaker of the House;</text> </paragraph> <paragraph num="(h)"> <text>One member of the Maryland Agricultural Commission, selected by the Secretary of Agriculture; and</text> </paragraph> <paragraph num="(i)"> <text>Seven members with subject matter interest or expertise named by the Secretary of the Department of Agriculture in consultation with the Governor's Office.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Members named to the Advisory Committee under Section (B)(1)(h) and(i) shall serve at the pleasure of the Secretary of Agriculture.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary shall designate a Chair from among the members of the Advisory Committee.</text> </paragraph> <paragraph num="(4)"> <text>Members of the Committee may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures.</text> <paragraph num="(1)"> <text>A majority of the Advisory Committee shall constitute a quorum for the transaction of any business. The Committee may adopt such other procedures necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(2)"> <text>The Department of Agriculture shall provide principal staff support to the Advisory Committee .</text> </paragraph> </paragraph> <paragraph num="D."> <text>Scope. The Advisory Committee shall have the following duties and responsibilities:</text> <paragraph num="(1)"> <text>Make recommendations to the Secretary for changes in law or regulation to improve pesticide management in the State;</text> </paragraph> <paragraph num="(2)"> <text>Provide advice to the Secretary on issues concerning the registration, sales, use, storage and disposal of pesticides, the certification and training of pesticide applicators, the licensing of pest control businesses and the protection of farmworkers, endangered species and water resources;</text> </paragraph> <paragraph num="(3)"> <text>After having consulted with the Secretary, provide advice to other State agencies and local governments concerning their responsibilities in pesticide management and protection human health, natural resources and the environment; and</text> </paragraph> <paragraph num="(4)"> <text>Generally serve in an advisory capacity to the Secretary, Department Officials, and other State agencies on pesticide related matters.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Reports. The Secretary shall report annually to the Governor on the activities of the Committee.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 17, 2003 (30:25 Md. R. 1806)</annotation> </annotations> </regulation> </chapter> <chapter num="2004" heading=""> <regulation prefix="Executive Order" num=".21" heading="Enhanced Forestry Management on the Department of Natural Resources-Owned Forest Lands"> <paragraph num="A."> <text>The Department of Natural Resources shall:</text> <paragraph num="(1)"> <text>Undertake efforts to develop, upgrade and/or modify forest stewardship plans on all DNR-owned lands consistent with and responsive to scientifically based land use conservation goals attendant to watershed, wildlife, fish, biodiversity, recreation, wood fiber, and wilderness enhancement; and</text> </paragraph> <paragraph num="(2)"> <text>Confer with the Forest Stewardship Council and the Sustainable Forestry Initiative Board in order to determine the parameters of securing forest certification of the State's efforts in managing Maryland's State Forests in an environmentally responsible manner.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Department of Natural Resources shall submit its findings and recommendations and an action plan consistent with this effort to the Governor by June 1 of each year and report progress to the Governor on an ongoing basis as determined appropriate by the Department.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 29, 2004 (31:9 Md. R. 693)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".28" heading="Terrorism Protection—Law Enforcement Services—Expanded Jurisdiction for Maryland Transportation Authority Police"> <paragraph num="A."> <text>The primary responsibility for the provision of law enforcement services by the Maryland Transportation Authority Police shall remain the properties owned, operated by, or under the control of the Maryland Transportation Authority, the Maryland Aviation Administration, and the Maryland Port Administration as provided by Section 4-208(e) of the Transportation Article of the Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The Maryland Transportation Authority Police, while on duty, under the authority of the Chief of the Transportation Authority Police, shall, pursuant to Section 4-208(b)(4)(iii) of the Transportation Article of the Annotated Code of Maryland, and by this Executive Order, have all the powers granted to a peace officer and a police officer of this State as provided by law, henceforth with expanded jurisdiction and authority to protect its facilities and areas of primary jurisdiction and to enhance the protection and safety of all publicly owned, commercial, and/or common carrier transportation assets throughout the State. The Maryland Transportation Authority shall adopt policies and procedures to implement the provisions of this Executive Order and to ensure the safe, efficient, and cooperative provision of law enforcement services in instances in which the expanded jurisdiction and authority is exercised in this State.</text> </paragraph> <paragraph num="C."> <text>No provision of this Executive Order is intended to compromise or limit any of the powers, protections or immunities otherwise granted by law to Maryland Transportation Authority police or other law enforcement agencies of the State.</text> </paragraph> <paragraph num="D."> <text>This Executive Order is effective upon signature and shall continue in effect unless and until amended, modified, terminated, or rescinded by the Governor, or by operation of law.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 18, 2004 (31:12 Md. R. 892)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".61" heading="Non-Veteran Spousal Admission to Charlotte Hall Veterans Home"> <paragraph num="A."> <text>Definition. “Qualifying spouse” means:</text> <paragraph num="(1)"> <text>The spouse of a veteran who is eligible for admission to Charlotte Hall Veterans Home; or</text> </paragraph> <paragraph num="(2)"> <text>The spouse of a deceased veteran who would otherwise be eligible for admission to Charlotte Hall Veterans Home.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In order to increase the number of applicants who will apply for currently unfilled beds and to provide care in the most home-like setting possible, the Charlotte Hall Veterans Home, which has heretofore only admitted veterans as residents, may also admit qualifying spouses, up to the limit allowed by the United States Department of Veterans Affairs. Qualifying spouses will be admitted under the following conditions:</text> <paragraph num="(1)"> <text>A qualifying spouse must meet the qualifying admission criteria and produce proof of marriage to an eligible veteran;</text> </paragraph> <paragraph num="(2)"> <text>A qualifying spouse may not be admitted once the Charlotte Hall Veterans Home's census reaches 90%, unless otherwise determined by the Maryland Veterans Home Commission and Maryland Department of Veterans Affairs;</text> </paragraph> <paragraph num="(3)"> <text>A qualifying spouse is not eligible for a federal Veterans' Affairs per diem provided for veteran residents, nor for the additional State subsidy provided veteran residents in Assisted Living;</text> </paragraph> <paragraph num="(4)"> <text>The admission of a qualifying spouse must be at no cost to the State of Maryland, except under the State's Medicaid program;</text> </paragraph> <paragraph num="(5)"> <text>A qualifying spouse is to receive the same quality of care, appropriate to his or her needs;</text> </paragraph> <paragraph num="(6)"> <text>A qualifying spouse may remain a resident of Charlotte Hall Veterans Home if the veteran spouse, who is also a resident, either dies or is discharged; and</text> </paragraph> <paragraph num="(7)"> <text>A qualifying spouse who is discharged for medical reasons may be eligible for readmission, provided an admission application is filed within 60 days of the preceding discharge. A qualifying spouse who is discharged for non-medical reasons may not be eligible for readmission.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 11, 2004 (31:24 Md. R. 1692)</annotation> </annotations> </regulation> </chapter> <chapter num="2005" heading=""> <regulation prefix="Executive Order" num=".09" heading="State of Maryland Adoption of the National Incident Management System"> <paragraph num="A."> <text>The National Incident Management System, as developed and administered under Homeland Security Presidential Directive-5, shall be the State standard for incident management.</text> </paragraph> <paragraph num="B."> <text>All State governmental agencies will adopt this system as a basis for command and control of emergency incidents in cooperation with the local jurisdictional response partners.</text> </paragraph> <paragraph num="C."> <text>The Maryland Emergency Management Agency, in concurrence with the Governor's Office for Homeland Security, will coordinate and facilitate an aggressive Incident Command System/National Incident Management System training program utilizing a multi-disciplinary, all-hazards approach.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 4, 2005 (32:6 Md. R. 605)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".24" heading="Governor's Subcabinet for International Affairs (Amends Executive Order 01.01.2001.20)"> <paragraph num="A."> <text>There is a Governor's Subcabinet for International Affairs convening on a regular basis for the purpose of developing, evaluating and coordinating a cohesive international strategy in order to enhance the State's competitiveness and stature in the global market place and international arena.</text> </paragraph> <paragraph num="B."> <text>Membership and Procedures.</text> <paragraph num="(1)"> <text>The Subcabinet shall consist of:</text> <paragraph num="(a)"> <text>The Secretary of State;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of the Department of Business and Economic Development;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of the Department of Agriculture;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of the Department of Transportation;</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of Higher Education;</text> </paragraph> <paragraph num="(f)"> <text>The Secretary of the Department of the Environment; and</text> </paragraph> <paragraph num="(g)"> <text>The Lieutenant Governor.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Subcabinet shall consult with other State departments and agencies as needed and as appropriate.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary of State shall chair the Subcabinet and shall be responsible for the oversight, direction and accountability of the work of the Subcabinet.</text> </paragraph> <paragraph num="(4)"> <text>The Governor shall designate a senior administrator in the Executive Branch to be responsible for implementation of this Executive Order and for supervision of assigned staff.</text> </paragraph> <paragraph num="(5)"> <text>The Office of Intergovernmental and International Relations within the Office of the Secretary of State, the Office of Protocol within the Department of Transportation and the Office of International Business within the Department of Business and Economic Development shall provide the primary staff support necessary for the completion of the Subcabinet duties. The Governor or Chair may call upon any of the Subcabinet members to provide additional staff assistance as needed.</text> </paragraph> <paragraph num="(6)"> <text>Appropriate funding for the implementation of this Executive Order shall be apportioned among the existing budgets of affected Executive Branch departments and agencies.</text> </paragraph> <paragraph num="(7)"> <text>The Subcabinet shall meet at least once every quarter of the year. The staff of the Subcabinet shall meet at least monthly.</text> </paragraph> <paragraph num="(8)"> <text>The Governor or the Chair may establish subcommittees as needed to carry out the work of the Subcabinet.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Duties.</text> <paragraph num="(1)"> <text>The Subcabinet shall have the responsibility to advise the Governor on matters of international affairs, coordinate State international activity and oversee the protocol functions of the State. The Subcabinet shall contribute to the economic development of the State by ensuring that all appropriate State agencies work in a cooperative, coordinated manner in planning, implementing, overseeing and evaluating the foreign affairs of the State.</text> </paragraph> <paragraph num="(2)"> <text>The Subcabinet shall:</text> <paragraph num="(a)"> <text>Examine the current structure and organization of Maryland's system pertaining to international affairs to facilitate the development of:</text> <paragraph num="(i)"> <text>A coordinated State international strategy;</text> </paragraph> <paragraph num="(ii)"> <text>An annual interagency plan for services and functions dealing with the international affairs of the State;</text> </paragraph> <paragraph num="(iii)"> <text>A procedure for identifying and assessing foreign developments with a potential for impact on the State;</text> </paragraph> <paragraph num="(iv)"> <text>Active participation in activities and exchanges on international matters affecting the State in cooperation with the federal government;</text> </paragraph> <paragraph num="(v)"> <text>A consistent and clear international identity of the State by serving as the official liaison between the Governor and foreign governments and international organizations;</text> </paragraph> <paragraph num="(vi)"> <text>A “global affairs information center” that serves as the first point of contact regarding international political developments impacting the State;</text> </paragraph> <paragraph num="(vii)"> <text>A Special Governor's Commission on Foreign Affairs comprised of leaders from the academic, business, diplomatic and civic communities to advise the Subcabinet on international affairs and activities; and</text> </paragraph> <paragraph num="(viii)"> <text>Recommendations for programs and policies, if appropriate, in order to ensure that the needs and goals of the State's international strategy are met and accomplished.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Develop and implement a system for ensuring the adequate conduct of international protocol on behalf of the State of Maryland.</text> </paragraph> <paragraph num="(c)"> <text>Develop a plan to coordinate and respond to international correspondence and requests.</text> </paragraph> <paragraph num="(d)"> <text>Develop a consistent, systematic method for the coordination of the State's international cultural, educational and economic development events, trips and activities.</text> </paragraph> <paragraph num="(e)"> <text>Establish a fund to receive contributions for the benefit of Sister-State relationships. The funds shall ne disbursed at the direction of the Subcabinet upon direction of the Finance Committee of the Board of Directors of the Maryland Sister State Program. The Secretary of State and his staff shall not participate in the administration of the fund.</text> </paragraph> <paragraph num="(f)"> <text>Perform other duties and responsibilities as assigned by the Governor.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The Subcabinet shall report to the Governor by October 1 of each year with recommendations to support a coordinated State international strategy.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 13, 2001 (28:25 Md. R. 2181); amended effective May 11, 2005 (32:11 Md. R. 955)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".35" heading="Office of the Independent Juvenile Services Monitor"> <paragraph num="A."> <text>Definitions. The following words have the meanings indicated.</text> <paragraph num="(1)"> <text>“Children's Cabinet” means the Children's Cabinet established by Executive Order 01.01.2005.34.</text> </paragraph> <paragraph num="(2)"> <text>“Director” means the Director of the Office of the Independent Juvenile Services Monitor.</text> </paragraph> <paragraph num="(3)"> <text>“Disciplinary action” means any punitive action against a child that results in more security, additional obligations, or less personal freedom.</text> </paragraph> <paragraph num="(4)"> <text>“Department” means the Department of Juvenile Services.</text> </paragraph> <paragraph num="(5)"> <text>“Executive Director” means the Executive Director of the Governor's Office for Children.</text> </paragraph> <paragraph num="(6)"> <text>“Facility” means:</text> <paragraph num="(a)"> <text>A residential facility operated by the Department; and</text> </paragraph> <paragraph num="(b)"> <text>A residential facility owned by the Department but privately operated.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Grievance” means a complaint made by a child or on behalf of a child due to a circumstance or action considered to be unjust. “Grievance” does not include an employee grievance, disciplinary appeal, or complaint.</text> </paragraph> <paragraph num="(8)"> <text>“Independent Juvenile Services Monitor” means the Director of the Office of the Independent Juvenile Services Monitor and any individual designated by the Director to determine whether the needs of children under the jurisdiction of the Department are being met in compliance with State law, that their rights are being upheld, and that they are not being abused.</text> </paragraph> <paragraph num="(9)"> <text>“Office” means the Office of the Independent Juvenile Services Monitor.</text> </paragraph> <paragraph num="(10)"> <text>“Secretary” means the Secretary of Juvenile Services.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Established. There is an Office of the Independent Juvenile Services Monitor as an independent unit in the Governor's Office for Children.</text> </paragraph> <paragraph num="C."> <text>Organization.</text> <paragraph num="(1)"> <text>The Office shall include a full-time Director and staff as provided in the State budget.</text> </paragraph> <paragraph num="(2)"> <text>All salaries for the Director and independent juvenile justice monitors and expenses for rent, equipment, supplies, and general operating expenses necessary for the work of the Office shall be as provided in the State budget.</text> </paragraph> <paragraph num="(3)"> <text>In cooperation with the Secretary of Budget and Management, the Director shall set minimum salaries, qualifications, and standards of training and experience for positions with the Office.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Duties and Responsibilities.</text> <paragraph num="(1)"> <text>The Office shall:</text> <paragraph num="(a)"> <text>Evaluate at each facility:</text> <paragraph num="(i)"> <text>The child advocacy grievance process;</text> </paragraph> <paragraph num="(ii)"> <text>The Department's monitoring process;</text> </paragraph> <paragraph num="(iii)"> <text>The treatment of and services to youth;</text> </paragraph> <paragraph num="(iv)"> <text>The physical conditions of the facility; and</text> </paragraph> <paragraph num="(v)"> <text>The adequacy of staffing.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Review all reports of disciplinary actions, grievances, and grievance dispositions received from each facility and alterations in the status or placement of a child that result in more security, additional obligations, or less personal freedom;</text> </paragraph> <paragraph num="(c)"> <text>Receive copies of the grievances submitted to the Department;</text> </paragraph> <paragraph num="(d)"> <text>Perform unannounced site visits and on-site inspections of facilities;</text> </paragraph> <paragraph num="(e)"> <text>Receive and review all incident reports submitted to the Department from facilities;</text> </paragraph> <paragraph num="(f)"> <text>Receive reports of the findings of child protective services investigations of allegations of abuse or neglect of a child in a facility; and</text> </paragraph> <paragraph num="(g)"> <text>Be available to attend meetings of the advisory boards established under Article 83C, §2-119 of the Code.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Office may:</text> <paragraph num="(a)"> <text>Review relevant laws, policies, procedures, and juvenile justice records, including records relating to individual youth;</text> </paragraph> <paragraph num="(b)"> <text>On request, conduct interviews with staff, youth, and others;</text> </paragraph> <paragraph num="(c)"> <text>Review investigative reports produced by the Department relating to youth in facilities; and</text> </paragraph> <paragraph num="(d)"> <text>Participate, within the context of the local department of social services' multidisciplinary team process, in a child protective services investigation conducted under Title 5, Subtitle 7 of the Family Law Article concerning any allegation of abuse or neglect within any assigned facility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Reports.</text> </paragraph> <paragraph num="(1)"> <text>The Office shall report in a timely manner to the Children's Cabinet, the Executive Director, the Secretary, and in accordance with President of the Senate:</text> <paragraph num="(a)"> <text>Knowledge of any problem regarding the care, supervision, and treatment of children in facilities;</text> </paragraph> <paragraph num="(b)"> <text>Findings, actions, and recommendations, related to the investigations of disciplinary actions, grievances, incident reports, and alleged cases of child abuse and neglect; and</text> </paragraph> <paragraph num="(c)"> <text>All other findings and actions related to the monitoring required under this Executive Order.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Office shall report quarterly to the Executive Director, the Children's Cabinet, and the Secretary.</text> </paragraph> <paragraph num="(3)"> <text>A copy of the report shall be provided to the State Advisory Board for Juvenile Services and, in accordance with §2-1246 of the State Government Article, the General Assembly.</text> </paragraph> <paragraph num="(4)"> <text>The report shall include:</text> <paragraph num="(a)"> <text>All activities of the Office;</text> </paragraph> <paragraph num="(b)"> <text>Actions taken by the Department resulting from the findings and recommendations of the Independent Juvenile Services Monitor, including the Department's response; and</text> </paragraph> <paragraph num="(c)"> <text>A summary of any violations of the standards and regulations of the Department that remain unabated for 30 days or more during the reporting period.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>On or before November 30 of each year, the Office shall report to the Executive Director.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: June 9, 2005 (32:13 Md. R. 1098)</annotation> </annotations> </regulation> </chapter> <chapter num="2006" heading=""> <regulation prefix="Executive Order" num=".02" heading="Maryland Child Care Subsidy Coordinating Council"> <paragraph num="A."> <text>Established. There is a Maryland Child Care Subsidy Coordinating Council convening on a regular basis for the purpose of developing, evaluating, and coordinating the administration of all State child care subsidy or voucher programs, including the Child Care Subsidy Program (commonly known as the Purchase of Care program) which is within the Maryland State Department of Education.</text> <paragraph num="(1)"> <text>Membership. The Council shall consist of the following members:</text> <paragraph num="(a)"> <text>The Executive Director of the Governor's Office for Children;</text> </paragraph> <paragraph num="(b)"> <text>The following representatives from the Maryland State Department of Education:</text> <paragraph num="(i)"> <text>The State Superintendent of Schools;</text> </paragraph> <paragraph num="(ii)"> <text>The Director of the Office of Child Care;</text> </paragraph> <paragraph num="(iii)"> <text>The Assistant Superintendent for Finance; and</text> </paragraph> <paragraph num="(iv)"> <text>The Chief of the Office of Information Technology.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The following representatives of the Department of Human Resources:</text> <paragraph num="(i)"> <text>The Secretary of Human Resources;</text> </paragraph> <paragraph num="(ii)"> <text>The Executive Director for Family Investment;</text> </paragraph> <paragraph num="(iii)"> <text>The Chief Financial Officer; and</text> </paragraph> <paragraph num="(iv)"> <text>The Chief Information Officer.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Executive Director of the Governor's Office for Children shall chair the Council and shall be responsible for the oversight, direction, and accountability of the work of the Council.</text> </paragraph> <paragraph num="(3)"> <text>The Maryland State Department of Education and the Maryland Department of Human Resources shall provide the primary staff support necessary for the completion of the Council's duties.</text> </paragraph> <paragraph num="(4)"> <text>The Council shall consult with other State departments and agencies as needed and as appropriate. All Executive departments and agencies shall cooperate with this Council.</text> </paragraph> <paragraph num="(5)"> <text>Appropriate funding for the implementation of this Executive Order shall be apportioned among the existing budgets of affected Executive departments and agencies.</text> </paragraph> <paragraph num="(6)"> <text>The Council shall meet at least once every calendar quarter.</text> </paragraph> <paragraph num="(7)"> <text>The Chair may establish subcommittees as needed to carry out the work of the Council.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Purpose. The Council shall have the following objectives:</text> <paragraph num="(1)"> <text>To develop a comprehensive, coordinated, and collaborative approach for the use of State and Federal resources to assist low-income families to secure child care through the Child Care Subsidy Program;</text> </paragraph> <paragraph num="(2)"> <text>To ensure the State meets all standards and requirements associated with Federal Funds expended on, by, or through the Child Care Subsidy Program, including but not limited to universal engagement and work force participation rates of the Temporary Assistance for Needy Families (TANF) program;</text> </paragraph> <paragraph num="(3)"> <text>To increase access by low-income families receiving child care subsidies to quality early care and education programs, thereby increasing the probability that their children are entering school ready to learn;</text> </paragraph> <paragraph num="(4)"> <text>To promote the ongoing viability of the Child Care Subsidy Program and thereby maintain access to the program for low-income families; and</text> </paragraph> <paragraph num="(5)"> <text>To ensure that the Child Care Subsidy Program continues to promote the transition of low-income families from public assistance to economic independence.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Duties. The Council shall carry out the following duties and responsibilities in meeting its objectives:</text> <paragraph num="(1)"> <text>Oversee and govern the development and implementation of policies, procedures, and practices for the operation of the Child Care Subsidy Program pursuant to the stated objectives of the Council;</text> </paragraph> <paragraph num="(2)"> <text>Oversee and govern the budget and fiscal management for the Child Care Subsidy Program, including establishing budget and funding priorities;</text> </paragraph> <paragraph num="(3)"> <text>Develop a Child Care Subsidy Program three-year improvement plan, which shall set benchmarks, identify resources and funding, and establish timelines for the improvement of the sustainability, accessibility, quality, and accountability of the Child Care Subsidy Program;</text> </paragraph> <paragraph num="(4)"> <text>Perform a comprehensive evaluation to determine the enrollment patterns of young children from the Child Care Subsidy Program clients in other State and local programs; and</text> </paragraph> <paragraph num="(5)"> <text>Perform other duties and responsibilities as assigned by the Governor.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Reports. The Council shall report to the Governor by October 1, 2006 and annually thereafter.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 13, 2006 (33:8 Md. R. 710)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".07" heading="Maryland Dairy Industry Oversight and Advisory Council"> <paragraph num="A."> <text>Established. There is a Maryland Dairy Industry Oversight and Advisory Council.</text> </paragraph> <paragraph num="B."> <text>Membership. The membership of the Advisory Council shall be comprised of the following:</text> <paragraph num="(1)"> <text>Voting Members.</text> <paragraph num="(a)"> <text>The Council shall consist of up to 15 voting members with interest and expertise in the dairy industry who are appointed by the Governor.</text> </paragraph> <paragraph num="(b)"> <text>The members of the Council serve at the pleasure of the Governor for up to 2 consecutive 3-year terms.</text> </paragraph> <paragraph num="(c)"> <text>From among the voting members of the Council, the Governor shall designate a Chairperson.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Non-Voting Members. The following may serve in an advisory, non-voting capacity:</text> <paragraph num="(a)"> <text>One member of the Senate, appointed by President of the Senate;</text> </paragraph> <paragraph num="(b)"> <text>One member of the House of Delegates, appointed by the Speaker of the House;</text> </paragraph> <paragraph num="(c)"> <text>One representative of the Department of Agriculture, appointed by the Secretary;</text> </paragraph> <paragraph num="(d)"> <text>One representative of the Department of Health and Mental Hygiene, appointed by the Secretary;</text> </paragraph> <paragraph num="(e)"> <text>One local health officer who is a member of the Maryland Association of County Health Officers, appointed by the Secretary of Health and Mental Hygiene; and</text> </paragraph> <paragraph num="(f)"> <text>One representative of the Maryland Cooperative Extension, appointed by the Dean of the University of Maryland College of Agriculture and Natural Resources.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Staffing. The Department of Agriculture and Department of Health and Mental Hygiene shall jointly provide staff support and resources to the Council, with additional assistance from other State agencies as requested.</text> </paragraph> <paragraph num="D."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Council shall meet at least four times annually.</text> </paragraph> <paragraph num="(2)"> <text>A majority of voting members shall constitute a quorum for the transaction of any business before the Commission.</text> </paragraph> <paragraph num="(3)"> <text>The Chairperson may establish committees and subcommittees and include representatives of interested public and private organizations on committees and subcommittees.</text> </paragraph> <paragraph num="(4)"> <text>Members of the Council may not receive any compensation for their services. Voting members of the Council may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Duties and Responsibilities.</text> <paragraph num="(1)"> <text>General. The Council shall investigate and identify ways to improve the economic viability of the dairy industry in Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Specific. The Council shall:</text> <paragraph num="(a)"> <text>Develop strategies for sustaining Maryland's dairy industry;</text> </paragraph> <paragraph num="(b)"> <text>Evaluate and review the regulatory structure of the dairy industry;</text> </paragraph> <paragraph num="(c)"> <text>Review and comment on federal and state regulatory changes impacting the dairy industry;</text> </paragraph> <paragraph num="(d)"> <text>Identify and comment on quality assurance controls in the dairy industry;</text> </paragraph> <paragraph num="(e)"> <text>Identify barriers to profitability in the dairy industry;</text> </paragraph> <paragraph num="(f)"> <text>Identify technological changes affecting the dairy industry;</text> </paragraph> <paragraph num="(g)"> <text>Encourage and facilitate collaboration among the State agencies responsible for regulating the dairy industry; and</text> </paragraph> <paragraph num="(h)"> <text>Perform other duties and responsibilities as assigned by the Governor.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Reporting. The Council shall report to the Governor by October 1 of each year with recommendations to support a coordinated State strategy for the dairy industry.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 10, 2006 (33:16 Md. R. 1347)</annotation> </annotations> </regulation> </chapter> <chapter num="2007" heading=""> <regulation prefix="Executive Order" num=".10" heading="Space Utilization Review"> <paragraph num="A."> <text>Each Cabinet-level agency head is directed to review its agency's inventory of state-owned office and storage space, leased office and storage space, and property inventories. Each agency head shall:</text> <paragraph num="(1)"> <text>Identify opportunities to consolidate various government functions into less square footage;</text> </paragraph> <paragraph num="(2)"> <text>Identify owned or leased storage units, garages, and warehouses that are not essential to agencies' core missions;</text> </paragraph> <paragraph num="(3)"> <text>Evaluate inventory levels and purchasing patterns to ensure that they align with the goal of minimizing space requirements;</text> </paragraph> <paragraph num="(4)"> <text>Eliminate excess property, either through sale or disposal, that occupies valuable owned and leased space; and</text> </paragraph> <paragraph num="(5)"> <text>Ensure that leased square footage office space is proportionate to each agency's current number of full time employees.</text> </paragraph> </paragraph> <paragraph num="B."> <text>As the agency responsible for the majority of the State's real estate portfolio and the disposition of surplus property, the Department of General Services (DGS) shall be the lead agency in this effort. All agency heads, including those whose real estate portfolio is not currently managed by DGS, shall coordinate with DGS on all opportunities for consolidation.</text> </paragraph> <paragraph num="C."> <text>The Secretary of DGS shall make recommendations to the Governor on any opportunities for space and property consolidation/reduction based on each agency's internal review.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 18, 2007 (34:16 Md. R. 1415)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".13" heading="Governor's Interagency Transition Council for Youth with Disabilities (Rescinds Executive Order 01.01.2000.26)"> <paragraph num="A."> <text>Established. There is an Interagency Transition Council for Youth with Disabilities.</text> </paragraph> <paragraph num="B."> <text>Composition. The Council consists of up to 27 members, including:</text> <paragraph num="(1)"> <text>The Secretary of the Department of Disabilities or designee;</text> </paragraph> <paragraph num="(2)"> <text>The State Superintendent of Education or designee, and the following additional representatives from the Maryland State Department of Education:</text> <paragraph num="(a)"> <text>The Assistant State Superintendent of the Division of Rehabilitation Services (DORS);</text> </paragraph> <paragraph num="(b)"> <text>A Regional Director of the Division of Rehabilitation Services;</text> </paragraph> <paragraph num="(c)"> <text>The Assistant State Superintendent of the Division of Special Education/Early Intervention Services;</text> </paragraph> <paragraph num="(d)"> <text>A local transition coordinator from the Division of Special Education/Early Intervention Services;</text> </paragraph> <paragraph num="(e)"> <text>A member of the Family Support Services Office of the Division of Special Education/Early Intervention Services;</text> </paragraph> <paragraph num="(f)"> <text>The Assistant State Superintendent of the Division of Career Technology and Adult Learning; and</text> </paragraph> <paragraph num="(g)"> <text>The Assistant State Superintendent of the Division of Student and School Services;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A representative of the Department of Juvenile Services;</text> </paragraph> <paragraph num="(4)"> <text>A representative of the Department of Human Resources;</text> </paragraph> <paragraph num="(5)"> <text>Two representatives of the Department of Health and Mental Hygiene, including:</text> <paragraph num="(a)"> <text>The Director of the Developmental Disabilities Administration or designee; and</text> </paragraph> <paragraph num="(b)"> <text>The Director of the Mental Hygiene Administration or designee;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Two representatives of the Department of Labor, Licensing, and Regulation, including:</text> <paragraph num="(a)"> <text>A representative of the Division of Workforce Development of the Department of Labor, Licensing, and Regulation;</text> </paragraph> <paragraph num="(b)"> <text>A representative of the Governor's Workforce Investment Board Youth Council, or a local Workforce Investment Board youth representative;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The Executive Director of the Governor's Office for Children or designee;</text> </paragraph> <paragraph num="(8)"> <text>A representative of the Maryland Technology Assistance Program;</text> </paragraph> <paragraph num="(9)"> <text>Two representatives of the Maryland Higher Education Commission, one of whom shall be selected from the membership of the Maryland Disability Higher Education Network;</text> </paragraph> <paragraph num="(10)"> <text>A representative of the Maryland Commission on Disabilities;</text> </paragraph> <paragraph num="(11)"> <text>Up to six members with relevant interest or expertise appointed by the Governor. These individuals shall represent parents, advocacy organizations serving the disability community, service agencies in the public or private sector, and the general public. No more than one member shall represent the same agency. Every effort will be made to provide geographic and cultural diversity of the State. Members appointed under this provision shall serve at the pleasure of the Governor for up to two consecutive three-year terms; and</text> </paragraph> <paragraph num="(12)"> <text>A student representative who has participated in the Maryland Youth Leadership Forum who is recommended by the Maryland State Department of Education and appointed by the Governor. The representative shall be a student between the ages of 14 and 21 years of age who meets the eligibility criteria of the Individuals with Disabilities Education Improvement Act or Section 504 of the Rehabilitation Act. A student appointed under this provision shall serve a one-year term.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Leadership. The Secretary of the Department of Disabilities shall serve as the Chair of the Council. There shall also be a position of Co-Chair, which shall rotate every two years, in the following order:</text> <paragraph num="(1)"> <text>The Assistant State Superintendent of the Division of Rehabilitation Services;</text> </paragraph> <paragraph num="(2)"> <text>The representative from the Developmental Disabilities Administration;</text> </paragraph> <paragraph num="(3)"> <text>The representative of the Mental Hygiene Administration; and</text> </paragraph> <paragraph num="(4)"> <text>The Assistant State Superintendent of the Division of Special Education/Early Intervention Services.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Procedures. The following procedures apply to the Council:</text> <paragraph num="(1)"> <text>Staffing. Staff support shall be provided by the Division of Rehabilitation Services of the Maryland State Department of Education.</text> </paragraph> <paragraph num="(2)"> <text>Other Support. The Council may name additional consulting members or establish such committees as may be necessary or helpful in discharging its duties.</text> </paragraph> <paragraph num="(3)"> <text>Meetings. The Council shall meet at least four times a year.</text> </paragraph> <paragraph num="(4)"> <text>Compensation. Appointed members of the Council may not receive any compensation for their services, but they may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Duties. The Council shall have the following duties and responsibilities:</text> <paragraph num="(1)"> <text>Primary Responsibility. The primary responsibility of the Council shall be to annually review, revise, and update the Interagency State Plan for Transitioning Youth with Disabilities to ensure effective interagency planning and delivery of services for secondary students with disabilities. The Interagency State Plan for Transitioning Youth with Disabilities shall serve as the unifying link between child-serving systems and adult systems, and appropriate elements shall be incorporated into both the Department of Disabilities State Plan and the Governor's Office for Children's three-year plan. The Interagency State Plan will address:</text> <paragraph num="(a)"> <text>The coordination of State and federal workforce reform efforts, and secondary and postsecondary education system reform efforts;</text> </paragraph> <paragraph num="(b)"> <text>Employment and postsecondary education performance outcomes that measure benefit of services and numbers of students;</text> </paragraph> <paragraph num="(c)"> <text>Strategies to identify and replicate promising transition practices; and</text> </paragraph> <paragraph num="(d)"> <text>Cross-agency training and technical assistance for all stakeholders, including professionals, parents, students, and advocates.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Additional Responsibilities. Additional responsibilities of the Council include:</text> <paragraph num="(a)"> <text>Identifying and reporting activities of each partner that impact the delivery, quality, and availability of transition services;</text> </paragraph> <paragraph num="(b)"> <text>Serving in an advisory capacity to all transition-related federal grants; and</text> </paragraph> <paragraph num="(c)"> <text>Disseminating information concerning the goals and activities of the Interagency State Plan for Transitioning Youth with Disabilities for public comment concurrent with forum events held by DORS.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Reports. The Interagency Transition Council shall annually report to the Governor about the goals and progress of the Interagency State Plan for Transitioning Youth with Disabilities on or before September 30 of each year.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 2, 2007 (34:17 Md. R. 1492)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".16" heading="Code of Fair Employment Practices (Rescinds Executive Order 01.01.2007.09)"> <paragraph num="I"> <paragraph num="A."> <text>All personnel actions concerning any employee or applicant for employment in the Executive Branch will be taken on the basis of merit and fitness, and without regard to:</text> <paragraph num="(1)"> <text>Age;</text> </paragraph> <paragraph num="(2)"> <text>Ancestry;</text> </paragraph> <paragraph num="(3)"> <text>Color;</text> </paragraph> <paragraph num="(4)"> <text>Creed;</text> </paragraph> <paragraph num="(5)"> <text>Gender identity and expression;</text> </paragraph> <paragraph num="(6)"> <text>Genetic information;</text> </paragraph> <paragraph num="(7)"> <text>Marital status;</text> </paragraph> <paragraph num="(8)"> <text>Mental or physical disability;</text> </paragraph> <paragraph num="(9)"> <text>National origin;</text> </paragraph> <paragraph num="(10)"> <text>Race;</text> </paragraph> <paragraph num="(11)"> <text>Religious affiliation, belief or opinion;</text> </paragraph> <paragraph num="(12)"> <text>Sex; or</text> </paragraph> <paragraph num="(13)"> <text>Sexual orientation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>All personnel actions concerning any skilled, professional or management service employee and any special appointee designated by the Secretary of Budget and Management, or any applicant for employment in those services or in comparable positions in an independent personnel system in the Executive Branch, shall be without regard to political affiliation, belief or opinion.</text> </paragraph> <paragraph num="C."> <text>Discrimination against or harassment of employees on the basis of any reason prohibited by law is not permitted.</text> </paragraph> <paragraph num="D."> <text>Retaliation against any employee who opposes discrimination or participates in an EEO investigation is not permitted.</text> </paragraph> <paragraph num="E."> <text>Retaliation against an individual because of their refusal to submit to a genetic test or make available the results of a genetic test is not permitted.</text> </paragraph> <paragraph num="F."> <text>The Secretary of Budget and Management shall:</text> <paragraph num="(1)"> <text>Recommend the appointment of a Statewide Equal Employment Opportunity Coordinator who shall administer the program and coordinate the activities of the agency Fair Practices Officers, EEO Officers, and Americans with Disabilities Act Officers;</text> </paragraph> <paragraph num="(2)"> <text>Establish an Equal Employment Opportunity Unit which will report directly to the Equal Employment Opportunity Coordinator to oversee the administration of an equal employment practices program consistent with the requirements of applicable federal and State law governing equal employment opportunity, the State Personnel and Pensions Article, and this Executive Order;</text> </paragraph> <paragraph num="(3)"> <text>Upon an appropriate showing by an agency, and consistent with State and federal law, permit any bona fide occupational qualification; and</text> </paragraph> <paragraph num="(4)"> <text>Take any action, not inconsistent with federal or State law, to resolve employee complaints of unfair employment practices.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The head of each department or other independent unit in the Executive Branch shall, consistent with guidelines and regulations promulgated by the Secretary of Budget and Management:</text> <paragraph num="(1)"> <text>Appoint a Fair Practices Officer, and any Equal Employment Opportunity Officers, as required, for the appropriate implementation of the Equal Employment Opportunity Program in the department or unit;</text> </paragraph> <paragraph num="(2)"> <text>Ensure that the personnel practices in the department or unit are not discriminatory;</text> </paragraph> <paragraph num="(3)"> <text>Review disciplinary actions initiated against employees, employee grievances and complaints of discrimination to ensure the fair and equitable treatment of employees in their department or unit;</text> </paragraph> <paragraph num="(4)"> <text>Develop and implement policies that promote equal employment opportunity and work force diversification reflective of the availability of women, minorities, and persons with disabilities in the relevant labor market;</text> </paragraph> <paragraph num="(5)"> <text>Provide leadership and training to managers, supervisors and other employees in fair employment practices;</text> </paragraph> <paragraph num="(6)"> <text>Ensure that designated Fair Practices and Equal Employment Opportunity Officers are known to all employees in their respective agencies and that these Officers have appropriate decision-making authority consistent with relevant federal and State law, this Executive Order, and personnel regulations;</text> </paragraph> <paragraph num="(7)"> <text>Consult and cooperate fully with the Secretary of Budget and Management and the Statewide EEO Coordinator or their designees in investigating and resolving expeditiously complaints of discrimination or unfair employment practices;</text> </paragraph> <paragraph num="(8)"> <text>Provide statistical and other information requested by the Secretary of Budget and Management regarding efforts to implement the department's or unit's Equal Employment Opportunity Program;</text> </paragraph> <paragraph num="(9)"> <text>Develop and implement programs, activities and events to acknowledge and educate about diversity and cultural differences; and</text> </paragraph> <paragraph num="(10)"> <text>Implement any decision of the Secretary of Budget and Management not inconsistent with the spirit or requirements of this Executive Order and federal or State law.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Cabinet officials and other heads of departments or units are expected to lead by example in promoting fair employment practices and this Administration's policy of zero tolerance for employment discrimination.</text> </paragraph> </paragraph> <paragraph num="II"> <paragraph num="A."> <text>It is the policy of this Administration that all complaints of discrimination or other unfair employment practices be thoroughly investigated and promptly resolved, as appropriate.</text> </paragraph> <paragraph num="B."> <text>The Statewide EEO Coordinator shall monitor the compliance and effectiveness of each agency's EEO program and make recommendations for improvement.</text> </paragraph> <paragraph num="C."> <text>The Secretary of Budget and Management shall develop and promulgate rules, regulations, and guidelines for the investigation and resolution of complaints of discrimination or other unfair employment practices which shall include, at a minimum:</text> <paragraph num="(1)"> <text>Provisions for resolving complaints informally whenever possible;</text> </paragraph> <paragraph num="(2)"> <text>Provisions for employees to file complaints with the Fair Practices or Equal Employment Opportunity Officer for the department or unit;</text> </paragraph> <paragraph num="(3)"> <text>Provisions for the review and resolution of any employment grievance, complaint involving discrimination or other unfair employment practices by the Secretary of Budget and Management prior to any appeal to the Office of Administrative Hearings;</text> </paragraph> <paragraph num="(4)"> <text>Guidelines for cooperation with the investigation of any complaint of discrimination filed with the Maryland Commission on Human Relations, the United States Equal Employment Opportunity Commission or any other agency authorized by law to conduct such investigations; and</text> </paragraph> <paragraph num="(5)"> <text>Training programs for managers and supervisors in identifying and resolving complaints of discrimination or other unfair employment practices.</text> </paragraph> </paragraph> <paragraph num="D."> <text>No employee shall be harassed or otherwise retaliated against for filing a complaint of discrimination or other unfair employment practice, providing information in support of any such complaint or testifying, assisting or participating in any phase of an investigation of any unfair employment practice, or on the basis of his or her refusal to submit to a genetic test or make available the results of a genetic test.</text> </paragraph> <paragraph num="E."> <text>Discrimination or retaliation complaints by Fair Practices Officers, Equal Employment Opportunity Officers, or EEO Office Directors shall be filed with the head of the unit or their designee and may be appealed to the statewide EEO Coordinator's Office.</text> </paragraph> </paragraph> <paragraph num="III"> <paragraph num="A."> <text>In accordance with the requirements of applicable federal and State law governing equal employment opportunity, the State Personnel and Pensions Article, and this Executive Order, all heads of departments and units in the Executive Branch shall cooperate fully with the Maryland Commission on Human Relations, the United States Equal Employment Opportunity Commission and any other federal or State agency investigating discrimination and duly comply with any validly adopted rules, regulations, and orders for effectuating the State's policies against discrimination and resolving complaints of discrimination.</text> </paragraph> <paragraph num="B."> <text>Every attempt shall be made to resolve complaints of discrimination within a department or unit; however, employees who file complaints of discrimination with agency Fair Practices Officers or Equal Employment Opportunity Officers shall be advised of their right to file a complaint with the Maryland Commission on Human Relations and the United States Equal Employment Opportunity Commission.</text> </paragraph> <paragraph num="C."> <text>The Secretary of Budget and Management shall establish guidelines which provide for agency participation in mediation or arbitration of employee complaints of discriminatory or unfair employment practices.</text> </paragraph> <paragraph num="D."> <text>If an employee of the Maryland Commission on Human Relations files a complaint of discrimination against a State agency, the Governor shall appoint an individual to perform the functions usually performed by the Commission.</text> </paragraph> </paragraph> <paragraph num="IV"> <paragraph num="A."> <text>Any employee of the State who violates the laws of this State pertaining to equal employment opportunity, this Executive Order or guidelines, rules and regulations promulgated pursuant thereto, will be subject to disciplinary action, up to and including dismissal from employment with the State.</text> </paragraph> <paragraph num="B."> <text>In performing services to the public, employees of this State will not discriminate against the public or individuals for any reason prohibited by law, nor shall they authorize the use of State facilities in the furtherance of any unlawfully discriminatory purpose or by any organization which unlawfully discriminates in its membership or policies.</text> </paragraph> </paragraph> <paragraph num="V"> <paragraph num="A."> <text>Reasonable accommodation shall be provided for all qualified applicants for employment and State employees with disabilities, consistent with the requirements of federal and State law.</text> </paragraph> <paragraph num="B."> <text>Meetings, hearings, and employment tests shall be conducted in an accessible manner and location, as required by federal and State law.</text> </paragraph> <paragraph num="C."> <text>No employee shall be retaliated against for seeking a reasonable accommodation for a disability.</text> </paragraph> <paragraph num="D."> <text>Managers and Supervisors shall receive training concerning reasonable accommodations for disabilities.</text> </paragraph> </paragraph> <paragraph num="VI"> <paragraph num="A."> <text>The head of each principal department or unit in the Executive Branch shall, by October 15 of each year, or as otherwise requested, submit to the Secretary of Budget and Management an annual report of activities taken in the previous fiscal year to effectuate this Code of Fair Employment Practices. The report shall contain the information required by the Secretary of Budget and Management in a form consistent with the guidelines issued by the Secretary of Budget and Management.</text> </paragraph> <paragraph num="B."> <text>The Secretary of Budget and Management shall, by January 1 of each year, submit to the Governor an annual report on statewide equal employment opportunity practices. The Secretary of Budget and Management shall provide copies of the report to each department and unit, the General Assembly, and the Maryland Commission on Human Relations.</text> </paragraph> </paragraph> <paragraph num="VII"> <paragraph num="A."> <text>The Secretary of Budget and Management shall publish the policies of this State with regard to its fair employment practices and make copies of the publication available to all agencies.</text> </paragraph> <paragraph num="B."> <text>Consistent with the requirements of federal and State law, the Secretary shall authorize an appropriate notice of State fair employment practices and the manner in which the notice is to be posted.</text> </paragraph> <paragraph num="C."> <text>The heads of departments and units shall procure the publication and notice required by this Executive Order, furnish copies of the publication to all managers and supervisors and make it available to employees, and post the notice in the locations and manner required by the Secretary of Budget and Management.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 22, 2007 (34:20 Md. R. 1728)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".26" heading="Information Technology"> <paragraph num="A."> <text>Chief information officers of all principal departments, agencies, and units shall cooperate with the Chief of Information Technology to look for opportunities to streamline information technology projects across State government, achieve cost-savings through economies of scale, consolidate enterprise-wide services where appropriate, and coordinate on security and disaster recovery planning.</text> </paragraph> <paragraph num="B."> <text>The Chief of Information Technology shall participate directly in meetings of the Governor's cabinet and all subcabinet meetings involving technology matters.</text> </paragraph> <paragraph num="C."> <text>The Chief of Information Technology shall participate directly in the StateStat process.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 30, 2007 (34:26 Md. R. 2249)</annotation> </annotations> </regulation> </chapter> <chapter num="2008" heading=""> <regulation prefix="Executive Order" num=".02" heading="Designation of Agency Representatives for Mid-Contract Negotiations"> <paragraph num="A."> <text>State law establishes a collective bargaining process which results in a written memorandum of understanding. During the time periods between ratified memoranda of understanding, the State maintains the obligation to negotiate changes that will substantially affect the working conditions of bargaining unit employees. Those issues are resolved through mid-contract negotiations pursuant to provisions in the negotiated memoranda of understanding.</text> </paragraph> <paragraph num="B."> <text>Each Secretary or other agency head in the Executive Branch of State Government subject to collective bargaining pursuant to the Annotated Code of Maryland, State Personnel and Pensions Article, Section 3-102, or their respective designees, are hereby authorized in accordance with the Annotated Code of Maryland, State Personnel and Pensions Article, Section 3-501, to participate as parties during mid- contract negotiations regarding agency specific issues with the certified exclusive employee representatives.</text> </paragraph> <paragraph num="C."> <text>Issues that may impact more than one agency and are not specific to an individual department or agency must be submitted to the Executive Director of the Office of Personnel Services and Benefits, Department of Budget and Management (Executive Director) for resolution with the certified exclusive employee representatives.</text> </paragraph> <paragraph num="D."> <text>Any agreement arising from mid-contract negotiations that may result in a cost to the State or require the appropriation of funds is subject to the approval of the Secretary of Budget and Management.</text> </paragraph> <paragraph num="E."> <text>Within 30 days of the effective date of this Order, the Secretaries of the principal departments and the heads of independent agencies in the Executive Branch of State Government shall forward the contact information for their designee, or, if they choose not to delegate this function, their own contact information, to the Executive Director. Within ten days of receiving that information, the Executive Director shall send the designee contact information to the head of any certified exclusive employee organization representing employees of that department or agency.</text> </paragraph> <paragraph num="F."> <text>Designees shall serve as the representative of a principal department or agency for mid-contract negotiations at the pleasure of the Secretary or agency head. Should the Secretary or agency head revoke the designation, or if the designee leaves employment with the agency or department, the Secretary or agency head shall serve as the Department or agency representative until a new designee is identified to the Executive Director.</text> </paragraph> <paragraph num="G."> <text>This Executive Order is not intended to and will not alter in any way the rights and obligations of the State collective bargaining process as established in State Personnel and Pensions Article, Section 3-501 and Section 3-502.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 14, 2008 (35:3 Md. R. 251)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".03" heading="State Employee Risk Management Administration (Rescinds Executive Order 01.01.2003.51)" /> <regulation prefix="Executive Order" num=".10" heading="Maryland Partnership for Children in Nature (Amends Executive Order 01.01.2008.06)"> <paragraph num="A."> <text>Established. There is a Maryland Partnership for Children in Nature (The Partnership) to promote outdoor experiential activities and environmental education for Maryland's young people and to build a coalition of ongoing support for these endeavors.</text> </paragraph> <paragraph num="B."> <text>Membership. The Partnership shall include the following members:</text> <paragraph num="(1)"> <text>The Secretary of Natural Resources, or the Secretary's designee;</text> </paragraph> <paragraph num="(2)"> <text>The Superintendent of the State Department of Education, or the Superintendent's designee;</text> </paragraph> <paragraph num="(3)"> <text>One representative of the Chesapeake Bay Trust;</text> </paragraph> <paragraph num="(4)"> <text>Two representatives of non-profit organizations dedicated to environmental education;</text> </paragraph> <paragraph num="(5)"> <text>One representative of the Maryland Association for Environmental and Outdoor Education;</text> </paragraph> <paragraph num="(6)"> <text>One representative of a Parent Teacher Organization</text> </paragraph> <paragraph num="(7)"> <text>Two representatives of local governments that have demonstrated leadership in sustainable development practices;</text> </paragraph> <paragraph num="(8)"> <text>One representative (teacher or principal) from a Maryland Green School that has completed a Schoolyard Habitat project;</text> </paragraph> <paragraph num="(9)"> <text>One outdoor school principal;</text> </paragraph> <paragraph num="(10)"> <text>One school superintendent;</text> </paragraph> <paragraph num="(11)"> <text>One environmental education teacher;</text> </paragraph> <paragraph num="(12)"> <text>Two representatives of urban youth-based organizations;</text> </paragraph> <paragraph num="(13)"> <text>One representative of the Maryland Recreation and Parks Association;</text> </paragraph> <paragraph num="(14)"> <text>One representative of the pediatric medical field;</text> </paragraph> <paragraph num="(15)"> <text>A former member of the Task Force on Minority Participation in the Environmental Community;</text> </paragraph> <paragraph num="(16)"> <text>Two representatives of the business community with demonstrated leadership in supporting children in nature; and</text> </paragraph> <paragraph num="(17)"> <text>One representative of the National Wildlife Federation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Appointment and Terms. The members identified in B(3) through B(17) of this Executive Order shall be appointed by the Governor, with the advice of the Secretary of Natural Resources and the Superintendent of Education. Such members shall serve at the pleasure of the Governor for 2-year terms.</text> </paragraph> <paragraph num="D."> <text>Meetings. The Partnership shall meet at the call of the Chairs.</text> </paragraph> <paragraph num="E."> <text>Procedures. A majority of the Partnership constitutes a quorum for the transaction of any business. The Partnership may adopt any other procedures and by-laws necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="F."> <text>Expenses. Members of the Partnership shall serve without compensation for their services, but they may receive reimbursement for reasonable expenses incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.</text> </paragraph> <paragraph num="G."> <text>Consultation. The Partnership shall consult with and engage leadership and staff from all other Maryland Executive Departments and independent agencies, federal and local government representatives.</text> </paragraph> <paragraph num="H."> <text>Chair. The Partnership shall be co-chaired by the Secretary of Natural Resources, or the Secretary's designee, and the Superintendent of Education, or the Superintendent's designee.</text> </paragraph> <paragraph num="I."> <text>Staff Coordination. The Department of Natural Resources shall provide staff support for the Partnership in coordination with the State Department of Education and other State agencies and other partners as directed by the Chairs.</text> </paragraph> <paragraph num="J."> <text>Working Groups. The Partnership shall be supported by working groups, to be established by the Chairs, to lead the major tasks identified under this Executive Order.</text> </paragraph> <paragraph num="K."> <text>Responsibilities. The Partnership shall promote the well-being of youth by providing opportunities for increased time spent outdoors and environmental literacy through outdoor experiential activities and formal and non-formal environmental education. The Partnership shall:</text> <paragraph num="(1)"> <text>Develop and implement a plan to provide youth with structured and unstructured opportunities for play, outdoor recreation, learning and scientific study to include:</text> <paragraph num="(a)"> <text>Strategies that provide increased support for Schoolyard Habitat Programs, which support the conversion of schoolyards to natural habitats for play and outdoor classrooms;</text> </paragraph> <paragraph num="(b)"> <text>Creation of trails to connect communities, parks and schools via trail systems that encourage walking, biking and increased time outdoors by youth and families;</text> </paragraph> <paragraph num="(c)"> <text>Greening initiatives that create nature play areas within communities to provide outdoor experiences for children close to home;</text> </paragraph> <paragraph num="(d)"> <text>A statewide Civic Justice Corps to provide at-risk youth with opportunities to serve in conservation crews in State Parks and other public lands in partnership with the Maryland Department of Juvenile Services and community non-profit organizations;</text> </paragraph> <paragraph num="(e)"> <text>An outdoor classroom program that provides voluntary curriculum-aligned programming and service learning opportunities on public lands in cooperation with local county school systems, local parks and non-profit organizations;</text> </paragraph> <paragraph num="(f)"> <text>Increased access to naturalists on State Parks and public lands to provide interpretive activities for children and families to enhance their discovery and enjoyment of Maryland's natural resources; and</text> </paragraph> <paragraph num="(g)"> <text>Increased opportunities for under-served communities to access Maryland State Parks and public lands through partnerships with organizations that serve minority students;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Develop and implement a State Environmental Literacy Plan to include:</text> <paragraph num="(a)"> <text>A review of current environmental education efforts in Maryland schools, including the environmental education bylaw, the Chesapeake 2000 commitments, and student environmental literacy levels;</text> </paragraph> <paragraph num="(b)"> <text>Identification of curriculum necessary to develop environmentally literate students;</text> </paragraph> <paragraph num="(c)"> <text>Identification of model outdoor field and service learning experiences that can be integrated into the regular school curriculum;</text> </paragraph> <paragraph num="(d)"> <text>Professional development opportunities for in-service teachers, pre-service teachers, and non-formal environmental educators;</text> </paragraph> <paragraph num="(e)"> <text>Methods to annually measure and report at the State and local level, progress of public school students toward becoming environmentally literate graduates; and</text> </paragraph> <paragraph num="(f)"> <text>A process for revising or updating the environmental literacy plan every five years, or as needed;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Devise a method of measuring baseline data and increased time spent in nature by children;</text> </paragraph> <paragraph num="(4)"> <text>Identify opportunities and barriers to support implementation of programs in local school systems and on public lands; and</text> </paragraph> <paragraph num="(5)"> <text>Present these plans and a status report on their implementation to the Governor by January 1, 2009.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 18, 2008 (35:19 Md. R. 1688)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".16" heading="Governor's Family Violence Council (Rescinds Executive Order 01.01.2006.01)"> <paragraph num="A."> <text>Established. There is a Governor's Family Violence Council within the Governor's Office of Crime Control and Prevention. The Governor's Family Violence Council's mission is to provide the Governor with timely and accurate information on family violence with recommendations to reduce and eliminate abusive behaviors.</text> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="(1)"> <text>The Council shall have no more than 25 members consisting of:</text> <paragraph num="(a)"> <text>The Lieutenant Governor or a designee;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of Health and Mental Hygiene or a designee;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Human Resources or a designee;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of Public Safety and Correctional Services or a designee;</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of Juvenile Services or a designee;</text> </paragraph> <paragraph num="(f)"> <text>The State Superintendent of Schools or a designee;</text> </paragraph> <paragraph num="(g)"> <text>The Secretary of State Police or a designee;</text> </paragraph> <paragraph num="(h)"> <text>The Executive Director of the Governor's Office of Crime Control and Prevention or a designee;</text> </paragraph> <paragraph num="(i)"> <text>The Executive Director of the Governor's Office for Children or a designee;</text> </paragraph> <paragraph num="(j)"> <text>The Attorney General or a designee;</text> </paragraph> <paragraph num="(k)"> <text>A representative of the Maryland Judiciary, designated by the Chief Judge of the Court of Appeals;</text> </paragraph> <paragraph num="(l)"> <text>Two members of the Maryland Senate, one appointed by the President of the Senate and one appointed by the Minority Leader of the Senate;</text> </paragraph> <paragraph num="(m)"> <text>Two members of the Maryland House of Delegates, one appointed by the Speaker of the House and one appointed by the Minority Leader of the House of Delegates;</text> </paragraph> <paragraph num="(n)"> <text>A representative of the Maryland State's Attorneys' Association; and</text> </paragraph> <paragraph num="(o)"> <text>Up to nine members with interest and expertise in issues related to domestic violence appointed by the Governor. These members may include representatives of service providers, the legal, advocacy, and faith communities, and victims and survivors of domestic or family violence.</text> </paragraph> <paragraph num="(p)"> <text>The Governor shall appoint the Chair and any Vice Chairs of the Council from among its members.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Members appointed by the Governor under B(1)(o) serve at the will of the Governor, and shall serve 3-year terms, staggered upon initial appointment. All other members shall serve so long as they hold the office or designation stipulated in B(1)(a) through (n).</text> </paragraph> <paragraph num="(3)"> <text>To the extent possible, the membership shall include representation from each of the major geographic regions of the State.</text> </paragraph> <paragraph num="(4)"> <text>Members of the Council may not receive any compensation for their services, but may receive reimbursement for reasonable expenses incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.</text> </paragraph> <paragraph num="(5)"> <text>If a member appointed by the Governor fails to attend more than half of the regularly scheduled meetings in one year, the member may be presumed to have resigned and the Governor may appoint a new member to fill out the remainder of the term.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Council shall meet at least two times per year.</text> </paragraph> <paragraph num="(2)"> <text>A majority of the Council's membership shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(3)"> <text>The Council may adopt rules consistent with this Executive Order, including the creation of subcommittees to carry out the Council's responsibilities.</text> </paragraph> <paragraph num="(4)"> <text>The Council may hold public hearings as deemed necessary and appropriate by the Chair.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Duties and Responsibilities. The Council shall:</text> <paragraph num="(1)"> <text>Advise the Governor through the Executive Director of the Governor's Office of Crime Control and Prevention on matters related to family violence.</text> </paragraph> <paragraph num="(2)"> <text>Identify and analyze State policies and programs relating to family violence, including but not limited to:</text> <paragraph num="(a)"> <text>Collecting data from State agencies relating to the prevention and reduction of domestic violence and related family violence;</text> </paragraph> <paragraph num="(b)"> <text>Identifying resources available to reduce and prevent family violence through a statewide coordinated effort; and</text> </paragraph> <paragraph num="(c)"> <text>Identifying opportunities for collaboration between governmental units.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Examine, or cause to be examined, the relationship between family violence and other societal problems, including but not limited to juvenile delinquency, alcohol and substance abuse, truancy, and future criminal activity.</text> </paragraph> <paragraph num="(4)"> <text>Identify best practices, research, and information pertaining to abuser intervention and related programs.</text> </paragraph> <paragraph num="(5)"> <text>Propose to the Governor, through the Executive Director of the Governor's Office of Crime Control and Prevention, legislative, regulatory, and policy changes to reduce and prevent the incidence of domestic violence and related family violence, to protect victims and to punish perpetrators.</text> </paragraph> <paragraph num="(6)"> <text>Perform such other duties and functions as may be appropriate and necessary for the Council to address and implement the provisions of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Staffing.</text> <paragraph num="(1)"> <text>The Governor's Office of Crime Control and Prevention shall provide staff for the Council.</text> </paragraph> <paragraph num="(2)"> <text>The Council may request and shall receive in a timely manner from any department, division, board, bureau, commission, or agency of the State such information and assistance as necessary to enable it to properly carry out its powers pursuant to this Executive Order, unless otherwise prohibited by law.</text> </paragraph> <paragraph num="(3)"> <text>The Council shall be funded by operating budgets of the Executive Department, and any federal funds or special State funds available, unless otherwise prohibited by law or regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Reporting. The Council shall issue an annual report to the Governor by December 1, which provides the status of family violence in Maryland and recommends improvements to the State's activities to prevent family violence.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 23, 2008 (35:24 Md. R. 2060)</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".18" heading="The Maryland Council for New Americans (Rescinds Executive Order 01.01.1996.18)"> <paragraph num="A."> <text>There is a Maryland Council for New Americans (the “Council”). The Council shall be a partnership among the public, private, and civic sectors to promote full immigrant integration into the economic and civic life of Maryland.</text> </paragraph> <paragraph num="B."> <text>Duties. The Council shall:</text> <paragraph num="(1)"> <text>Review and recommend new policies and practices to expedite immigrant integration into the economic and civic life of the State;</text> </paragraph> <paragraph num="(2)"> <text>Provide a Maryland Council for New Americans report and recommendations no later than nine months after the date of this Executive Order; and</text> </paragraph> <paragraph num="(3)"> <text>Perform any other duties that may be requested by the Governor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Membership.</text> <paragraph num="(1)"> <text>The following members or their designees, shall be ex-officio members:</text> <paragraph num="(a)"> <text>The Secretary of the Department of Labor, Licensing and Regulation;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of the Department of Business and Economic Development;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of the Department of Planning;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of the Department of Human Resources;</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of the Department of Housing and Community Development;</text> </paragraph> <paragraph num="(f)"> <text>The Executive Director of the Governor's Workforce Investment Board;</text> </paragraph> <paragraph num="(g)"> <text>The Executive Director of the Governor's Office of Community Initiatives;</text> </paragraph> <paragraph num="(h)"> <text>The Special Secretary of the Governor's Office of Minority Affairs;</text> </paragraph> <paragraph num="(i)"> <text>The Chair of the Maryland Commission on African American History and Culture; and</text> </paragraph> <paragraph num="(j)"> <text>The Chair of each of the commissions on ethnic affairs that the Governor has established, or establishes in the future, including but not limited to the Governor's Commission on Hispanic Affairs, the Governor's Commission on Asian Pacific American Affairs, the Governor's Commission on Indian Affairs, and the Governor's Commission on Middle Eastern American Affairs.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The following members shall be appointed by the Governor, and shall serve at the pleasure of the Governor for up to two consecutive four year terms:</text> <paragraph num="(a)"> <text>One Maryland County Executive;</text> </paragraph> <paragraph num="(b)"> <text>One additional representative from county government;</text> </paragraph> <paragraph num="(c)"> <text>One representative from municipal government;</text> </paragraph> <paragraph num="(d)"> <text>Three representatives from nonprofit social service organizations that reflect the ethnic diversity of the State;</text> </paragraph> <paragraph num="(e)"> <text>Three representatives from private sector employers;</text> </paragraph> <paragraph num="(f)"> <text>Ten representatives from faith-based organizations and the clergy;</text> </paragraph> <paragraph num="(g)"> <text>One representative from higher education;</text> </paragraph> <paragraph num="(h)"> <text>One representative with expertise in adult education and language acquisition;</text> </paragraph> <paragraph num="(k)"> <text>One representative from the banking and financial services sector;</text> </paragraph> <paragraph num="(l)"> <text>One representative from the healthcare sector;</text> </paragraph> <paragraph num="(m)"> <text>One representative from organized labor;</text> </paragraph> <paragraph num="(n)"> <text>One representative from the small business sector;</text> </paragraph> <paragraph num="(o)"> <text>One representative from a national organization with expertise in demographic trends and public policy; and</text> </paragraph> <paragraph num="(p)"> <text>One representative from the philanthropic sector.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Speaker of the Maryland House of Delegates shall appoint two members from among the members of the House.</text> </paragraph> <paragraph num="(4)"> <text>The President of the Maryland Senate shall appoint two members from among the members of the Senate.</text> </paragraph> <paragraph num="(5)"> <text>Members of the Council may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> <paragraph num="(6)"> <text>In the event of a vacancy on the Commission, the Governor shall appoint a successor.</text> </paragraph> <paragraph num="(7)"> <text>State government representatives shall not constitute a majority of members.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Secretary of the Department of Labor, Licensing and Regulation and the County Executive member shall co-chair the Council.</text> </paragraph> <paragraph num="(2)"> <text>There shall be an Executive Committee of the Council, which shall consist of the Secretary of the Department of Business and Economic Development or the Secretary's designee; the Secretary of the Department of Planning or the Secretary's designee; the Executive Director of the Governor's Office of Community Initiatives or the Director's designee; and the Executive Director of the Governor's Workforce Investment Board or the Director's designee.</text> </paragraph> <paragraph num="(3)"> <text>The Council shall meet at the call of the Chairs.</text> </paragraph> <paragraph num="(4)"> <text>A majority of Council members shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(5)"> <text>The Council may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Working Groups. In addition to any other groups the Council deems necessary to establish to accomplish its work, it shall establish the following working groups, which may include participants who are not Council members, to make recommendations to the Council to address specific challenges facing immigrants.</text> <paragraph num="(1)"> <text>Workforce Working Group. The Workforce Working Group will focus on helping to address the State's workforce shortage by examining credential transfer, training, and the attraction of key workers to create the region's most competitive workforce; examining the role of “One Stop” employment centers in streamlining the economic integration of new Americans; and identifying best practices that expedite English as a second language, both for children in the public school system and for working adults.</text> </paragraph> <paragraph num="(2)"> <text>Citizenship Working Group. The Citizenship Working Group will plan a broad, coordinated citizenship promotion and assistance program to naturalize Maryland's estimated 175,000 legal permanent residents who are eligible for naturalization at a faster pace.</text> </paragraph> <paragraph num="(3)"> <text>Governmental Access Working Group. The Governmental Access Working Group will focus on how to improve accessibility of State and local government services to new Americans. This will include an assessment of resources necessary for compliance with Limited English Proficiency (LEP) requirements; an assessment of the availability of vital documents in other languages; and identifying best practices at the county, community, and municipal levels. This group is also charged with developing specific government wide StateStat measures to track capacity to serve these communities.</text> </paragraph> <paragraph num="(4)"> <text>Financial Services Working Group. The Financial Services Working Group will examine strategies for increasing immigrants' access to mainstream financial services, stable homeownership, and family financial planning.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Operational Support. The Governor's Office of Community Initiatives and the Department of Labor, Licensing and Regulation shall provide publication, operational, and other support as needed to the Council.</text> </paragraph> <paragraph num="G."> <text>The Maryland Office for New Americans within the Department of Human Resources is hereby renamed the Maryland Office for Refugees and Asylees. Its purpose is to administer Maryland's federally-funded refugee programs.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: December 3, 2008 (35:26 Md. R. 2219)</annotation> </annotations> </regulation> </chapter> <chapter num="2009" heading=""> <regulation prefix="Executive Order" num=".08" heading="“Be a Driving Force for Safety” Program for State Employees"> <paragraph num="A."> <text>There is a “Be a Driving Force for Safety” Program for State employees.</text> </paragraph> <paragraph num="B."> <text>Procedures.</text> <paragraph num="(1)"> <text>Each Secretary or Head of an Executive Branch agency shall identify and task an appropriate individual to implement the Program within the agency.</text> </paragraph> <paragraph num="(2)"> <text>Each Executive Branch agency shall:</text> <paragraph num="(a)"> <text>Encourage all State employees who drive fleet vehicles to take the “Driving Improvement Program,” an e-learning application on safe driving skills;</text> </paragraph> <paragraph num="(b)"> <text>Encourage all employees to comply with current seatbelt use laws;</text> </paragraph> <paragraph num="(c)"> <text>Participate in National Drive Safely Work Week activities each October and other educational opportunities throughout the year; and</text> </paragraph> <paragraph num="(d)"> <text>Support the Program with internal e-mails, poster placement, and other appropriate communication methods.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Department of Budget and Management shall, subject to applicable legal requirements, issue a hands-free cell use policy for drivers of State vehicles. The policy shall prohibit hand-held cell phone use while driving, except in cases of emergency. The policy shall not apply to law enforcement officers or operators of authorized emergency vehicles.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Agency Coordination.</text> <paragraph num="(1)"> <text>The State Fleet Safety Committee, in conjunction with the State Highway Administration, shall provide guidance to Executive Branch agencies on implementation of the Program.</text> </paragraph> <paragraph num="(2)"> <text>The State Highway Administration shall identify and provide appropriate relevant information and materials to the Committee for review and distribution to Executive Branch agencies in support of the Program.</text> </paragraph> <paragraph num="(3)"> <text>Each Executive Branch agency shall designate appropriate personnel: to coordinate with the State Fleet Safety Committee and the State Highway Administration regarding the implementation of the Program; and to support the distribution and communication of the information and materials described in Section C(2).</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 21, 2009</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".09" heading="The Joint Enforcement Task Force on Workplace Fraud"> <paragraph num="A."> <text>There is a Joint Enforcement Task Force on Workplace Fraud (Task Force).</text> </paragraph> <paragraph num="B."> <text>For purposes of this Executive Order, “workplace fraud” means an employer's failure to properly classify an individual as an employee in violation of applicable law.</text> </paragraph> <paragraph num="C."> <text>The Task Force shall consist of:</text> <paragraph num="(1)"> <text>The Secretary of Labor, Licensing and Regulation or the Secretary's designee;</text> </paragraph> <paragraph num="(2)"> <text>The Attorney General or the Attorney General's designee;</text> </paragraph> <paragraph num="(3)"> <text>The Comptroller or the Comptroller's designee;</text> </paragraph> <paragraph num="(4)"> <text>The Chair of the Workers' Compensation Commission or the Chair's designee;</text> </paragraph> <paragraph num="(5)"> <text>The Insurance Commissioner or the Commissioner's designee;</text> </paragraph> <paragraph num="(6)"> <text>The Commissioner of Labor and Industry or the Commissioner's designee; and</text> </paragraph> <paragraph num="(7)"> <text>The Assistant Secretary for the Division of Unemployment Insurance or the Assistant Secretary's designee.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Secretary of Labor, Licensing and Regulation or the Secretary's designee shall serve as the Chair of the Task Force.</text> </paragraph> <paragraph num="E."> <text>Members of the Task Force may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> <paragraph num="F."> <text>The Department of Labor, Licensing and Regulation shall provide publication, operational, and other support as needed to the Task Force.</text> </paragraph> <paragraph num="G."> <text>The Task Force may identify and add members from governmental units whose participation would further its mission.</text> </paragraph> <paragraph num="H."> <text>The Task Force shall coordinate the investigation and enforcement of workplace fraud. In fulfilling this mission, the Task Force shall have the following powers and duties:</text> <paragraph num="(1)"> <text>To facilitate among Task Force members the timely sharing of information related to suspected workplace fraud to the maximum extent permitted by law;</text> </paragraph> <paragraph num="(2)"> <text>To pool, focus, and target investigative and enforcement resources;</text> </paragraph> <paragraph num="(3)"> <text>To assess existing methods and best practices, in both Maryland and other jurisdictions, with respect to workplace fraud prevention and enforcement, and to recommend that participating agencies adopt appropriate measures to improve their prevention and enforcement efforts;</text> </paragraph> <paragraph num="(4)"> <text>To develop strategies for systematic investigations of workplace fraud within those industries in which misclassification is most common;</text> </paragraph> <paragraph num="(5)"> <text>To identify and facilitate the filing of complaints against potential violators, including soliciting referrals and other relevant information from the public through the development of an education and outreach campaign;</text> </paragraph> <paragraph num="(6)"> <text>To identify significant cases of workplace fraud which should be investigated and addressed collaboratively, and to form joint enforcement teams to utilize the collective investigative and enforcement capabilities of the Task Force members;</text> </paragraph> <paragraph num="(7)"> <text>To establish protocols, consistent with applicable law, through which individual Task Force agencies investigating workplace fraud matters under their own statutory or administrative schemes will refer appropriate matters to other agencies for assessment of potential liability under all relevant statutory or administrative schemes;</text> </paragraph> <paragraph num="(8)"> <text>To establish referral procedures and solicit the cooperation and participation of local state's attorneys and other relevant agencies, where appropriate;</text> </paragraph> <paragraph num="(9)"> <text>To coordinate efforts with federal agencies;</text> </paragraph> <paragraph num="(10)"> <text>To work cooperatively with business, labor, and community groups interested in reducing workplace fraud by:</text> <paragraph num="(a)"> <text>Developing ways to prevent workplace fraud through effective outreach, including notices and educational materials; and</text> </paragraph> <paragraph num="(b)"> <text>Enhancing mechanisms to identify and report workplace fraud;</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>To increase public awareness that employee misclassification is illegal and causes harm;</text> </paragraph> <paragraph num="(13)"> <text>To consult with representatives of business, organized labor, and other agencies to improve and expand the operation and effectiveness of the Task Force and its members.</text> </paragraph> </paragraph> <paragraph num="I."> <text>The Task Force shall issue a report to the Governor by December 31 of each year which shall:</text> <paragraph num="(1)"> <text>Describe the record and accomplishments of the participating agencies of the Task Force, including the amounts of wages, premiums, taxes, and other payments or penalties collected, as well as the number of employers cited for legal violations related to workplace fraud and the approximate number of employees affected;</text> </paragraph> <paragraph num="(2)"> <text>Identify any administrative or legal barriers impeding the more effective operation of the Task Force, including any barriers to information sharing or joint action;</text> </paragraph> <paragraph num="(3)"> <text>Propose, after consultation with representatives of business, organized labor, members of the General Assembly, and other affected agencies, appropriate administrative, legislative, or regulatory changes to:</text> <paragraph num="(a)"> <text>Reduce or eliminate any barriers to the Task Force's operations;</text> </paragraph> <paragraph num="(b)"> <text>Enhance the investigation, enforcement, and prevention of workplace fraud; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Identify successful strategies for preventing workplace fraud that reduce the need for greater enforcement.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Every agency, department, office, division, or public authority of the State shall cooperate with the Task Force and, to the fullest extent permitted by law, shall furnish such information and assistance as the Task Force determines is reasonably necessary to accomplish its purpose.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 14, 2009</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".12" heading="Locating State Facilities To Stimulate Transit- Oriented Development"> <paragraph num="A."> <text>It is a policy of the State of Maryland to locate State office or laboratory space within a half-mile radius of transit stations at a transit-oriented development whenever appropriate and feasible without diminishing the accessibility of services to the citizens of the State.</text> </paragraph> <paragraph num="B."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Fixed guideway transit station” means a passenger boarding and alighting location of a public transportation facility using and occupying a dedicated right-of-way or rail for the use of public transportation and other high occupancy vehicles.</text> </paragraph> <paragraph num="(2)"> <text>“Transit-accessible site” means property, any part of which is located within one-half mile of a planned or existing fixed guideway transit station.</text> </paragraph> <paragraph num="(3)"> <text>“Transit-oriented development” has the meaning defined under Section 7-101 of the Transportation Article of the Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Transit evaluation factor” means the evaluation points or weight given in a State lease or property acquisition solicitation to proposed sites located within a transit-accessible site or transit-oriented development.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Maryland Office and Laboratory Space Lease and Property Acquisition Proposals.</text> <paragraph num="(1)"> <text>This paragraph C applies to all new lease procurements and property acquisition proposals for more than 5,000 square feet of office space, laboratory space, or a combination of both, that are submitted to the Board of Public Works (BPW) by the Department of General Services (DGS) or the Maryland Department of Transportation (MDOT), its modal administrations and the Maryland Transportation Authority. It does not apply to proposals to renew or extend existing leases of space.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided herein, DGS and MDOT shall include a transit evaluation factor in all requests for proposals to lease or purchase office or laboratory space (solicitations) in the manner described below.</text> <paragraph num="(a)"> <text>When DGS or MDOT uses a point system to evaluate proposals, it shall award at least five percent of the total allocable points to proposals for office or laboratory space located in transit-accessible sites and at least an additional seven percent of the total allocable points to proposals for office or laboratory space located within a transit-oriented development.</text> </paragraph> <paragraph num="(b)"> <text>When DGS or MDOT does not use a point system to evaluate lease or property acquisition proposals for State office or laboratory space, then the transit evaluation factor shall be included in the solicitation as one of the most heavily weighted evaluation factors within the selection criteria as determined by the agency.</text> </paragraph> <paragraph num="(c)"> <text>DGS or MDOT may omit the transit evaluation factor from a request for proposal if it determines in its discretion that location of the particular office or laboratory space within a transit-accessible site or transit-oriented development would:</text> <paragraph num="(i)"> <text>Not be feasible or not be appropriate for the intended use;</text> </paragraph> <paragraph num="(ii)"> <text>Hamper efficient or effective operations or delivery of State services;</text> </paragraph> <paragraph num="(iii)"> <text>Result in the State not being able to provide citizens with reasonable, convenient, and efficient access to State services in places where there are no fixed guideway transit stations;</text> </paragraph> <paragraph num="(iv)"> <text>Be unsafe or otherwise inconsistent with the character of a transit-accessible site or transit-oriented development;</text> </paragraph> <paragraph num="(v)"> <text>Be contrary to the tenant agency's mission or its clientele's interests;</text> </paragraph> <paragraph num="(vi)"> <text>Contravene State or federal law, regulation, rule, or policy; or</text> </paragraph> <paragraph num="(vii)"> <text>Otherwise not be in the public interest.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>For all proposals that recommend approval of a site that is not located at a transit-accessible site or a transit-oriented development, including those where a transit evaluation factor was not included in the solicitation, DGS and MDOT must provide a written explanation for not selecting such a site in their submission to the BPW.</text> </paragraph> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 16, 2009</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".13" heading="Governor's Commission on Suicide Prevention"> <paragraph num="A."> <text>There is a Maryland Commission on Suicide Prevention.</text> </paragraph> <paragraph num="B."> <paragraph num="(1)"> <text>Membership. The Commission consists of the following voting members:</text> <paragraph num="(a)"> <text>One member of the Maryland Senate, appointed by the President of the Senate;</text> </paragraph> <paragraph num="(b)"> <text>One member of the Maryland House of Delegates, appointed by the Speaker of the House of Delegates;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Health and Mental Hygiene, or the Secretary's designee;</text> </paragraph> <paragraph num="(d)"> <text>The Deputy Secretary of Behavioral Health, Department of Health and Mental Hygiene, or the Deputy Secretary's designee;</text> </paragraph> <paragraph num="(e)"> <text>The Deputy Secretary of Public Health Services, Department of Health and Mental Hygiene, or the Deputy Secretary's designee;</text> </paragraph> <paragraph num="(f)"> <text>The Secretary of the State Department of Education, or the Secretary's designee;</text> </paragraph> <paragraph num="(g)"> <text>The Secretary of the Department of Juvenile Services, or the Secretary's designee;</text> </paragraph> <paragraph num="(h)"> <text>The Secretary of the Department of Public Safety and Corrections, or the Secretary's designee;</text> </paragraph> <paragraph num="(i)"> <text>The Secretary of the Department of Aging, or the Secretary's designee;</text> </paragraph> <paragraph num="(j)"> <text>The Secretary of the Department of Veterans Affairs, or the Secretary's designee;</text> </paragraph> <paragraph num="(k)"> <text>The Executive Director of the Governor's Office for Children, or the Executive Director's designee;</text> </paragraph> <paragraph num="(l)"> <text>The Secretary of the Department of Disabilities, or the Secretary's designee;</text> </paragraph> <paragraph num="(m)"> <text>One representative of the Mental Health Association of Maryland;</text> </paragraph> <paragraph num="(n)"> <text>One representative of the National Organization for People of Color Against Suicide;</text> </paragraph> <paragraph num="(o)"> <text>One representative of the Maryland Addictions Directors Council;</text> </paragraph> <paragraph num="(p)"> <text>One representative of the faith community;</text> </paragraph> <paragraph num="(q)"> <text>One representative of the academic community;</text> </paragraph> <paragraph num="(r)"> <text>One representative of a suicide prevention group;</text> </paragraph> <paragraph num="(s)"> <text>One veteran;</text> </paragraph> <paragraph num="(t)"> <text>One family member of an individual who completed suicide; and</text> </paragraph> <paragraph num="(u)"> <text>One local health officer.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The members identified in Sections B(c) through (u) shall be appointed by the Governor, and shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="(3)"> <text>Members appointed by the Governor may serve up to two consecutive, three-year terms.</text> </paragraph> <paragraph num="(4)"> <text>The Governor shall designate the Chair from among the members.</text> </paragraph> <paragraph num="(5)"> <text>In the event of a vacancy on the Commission, the Governor shall appoint a successor to fill the remainder of the term.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures.</text> <paragraph num="(1)"> <text>Members of the Commission may not receive any compensation for their services but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> <paragraph num="(2)"> <text>The Commission will be staffed by the Mental Hygiene Administration of the Department of Health and Mental Hygiene.</text> </paragraph> <paragraph num="(3)"> <text>The majority of voting members of the Commission shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(4)"> <text>The Commission may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees or task forces.</text> </paragraph> <paragraph num="(5)"> <text>The Chair may, with the consent of the Commission, designate additional individuals, including interested citizens, elected officials, educators, or specialists with relevant expertise, to serve on any committee or task force.</text> </paragraph> <paragraph num="(6)"> <text>The Commission may consult with State agencies to obtain such technical assistance and advice as it deems necessary to complete its duties. All Executive Department agencies shall cooperate with and assist the Commission in carrying out its responsibilities.</text> </paragraph> <paragraph num="(7)"> <text>The Commission shall meet at least four times a year.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Purpose. The Commission shall have the following objectives:</text> <paragraph num="(1)"> <text>To develop a comprehensive, coordinated, and strategic plan for suicide prevention, intervention, and post-suicide services across the State for individuals and their families;</text> </paragraph> <paragraph num="(2)"> <text>To develop a comprehensive baseline listing of existing support systems for survivors, attempters, and their families;</text> </paragraph> <paragraph num="(3)"> <text>To promote a coordinated, collaborative, and comprehensive effort by local and State agencies to ensure effective and efficient use of State and local resources for the delivery of a continuum of suicide prevention, intervention, and post-suicide services for Maryland citizens;</text> </paragraph> <paragraph num="(4)"> <text>To recommend adequate resources to address suicide prevention, intervention, and post-suicide service needs of Maryland citizens, including citizens involved in the criminal justice system; and</text> </paragraph> <paragraph num="(5)"> <text>To identify and review the impact of suicide on the health and well-being of Maryland citizens; the economic and social costs of suicide; and effective and efficient practices in the organization and delivery of State and local suicide prevention, evaluation, and treatment services.</text> </paragraph> </paragraph> <paragraph num="E."> <text>State Plan.</text> <paragraph num="(1)"> <text>The Commission shall prepare a 2-year plan that establishes priorities and strategies for the organization, delivery, and funding of State suicide prevention, intervention and post-suicide services.</text> </paragraph> <paragraph num="(2)"> <text>The Commission shall develop the plan taking into account, among other factors:</text> <paragraph num="(a)"> <text>The identified needs of the citizens of the State, including the general public and the criminal justice population; and</text> </paragraph> <paragraph num="(b)"> <text>The strategies and priorities identified in the plans established by local jurisdictions.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The plan shall include recommendations for coordination and collaboration among State agencies in the organization, delivery, and funding of suicide prevention, intervention, and post-suicide services; promising practices and programs; training; and emerging needs for State suicide prevention, intervention, and post-suicide services.</text> </paragraph> <paragraph num="(4)"> <text>The plan shall be submitted to the Governor by June 1, 2011 and biannually thereafter. Any interim updates to the plan also shall be submitted to the Governor.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 7, 2009</annotation> </annotations> </regulation> </chapter> <chapter num="2010" heading=""> <regulation prefix="Executive Order" num=".09" heading="The Maryland State Council on Educational Opportunity for Military Children"> <paragraph num="A."> <text>Established. There is the Maryland State Council on Educational Opportunity for Military Children (the Council), as required by Chapters 501 and 502 of the Acts of the General Assembly of 2009 - Interstate Compact on Educational Opportunity for Military Children. The Council enables Maryland State agencies to collaborate and coordinate with other member states of the Interstate Compact on Educational Opportunity for Military Children (the Compact), the Interstate Commission on Educational Opportunity for Military Children (the Interstate Commission), local education agencies, and military installations to ensure a smooth transition of children of military families both in and out of Maryland schools.</text> </paragraph> <paragraph num="B."> <text>Membership. The Council includes the following members:</text> <paragraph num="(1)"> <text>The State Superintendent of Schools;</text> </paragraph> <paragraph num="(2)"> <text>A Superintendent of a school district with a high concentration of military children;</text> </paragraph> <paragraph num="(3)"> <text>A representative of a military installation;</text> </paragraph> <paragraph num="(4)"> <text>A representative of the Executive Branch;</text> </paragraph> <paragraph num="(5)"> <text>A representative of a military family;</text> </paragraph> <paragraph num="(6)"> <text>A representative of school based personnel responsible for managing the transition of military children into and out of the school system;</text> </paragraph> <paragraph num="(7)"> <text>One member of the Maryland Senate, appointed by the President of the Senate;</text> </paragraph> <paragraph num="(8)"> <text>One member of the Maryland House of Delegates, appointed by the Speaker of the House of Delegates; and</text> </paragraph> <paragraph num="(9)"> <text>Representatives of other offices and stakeholder groups the Council deems appropriate.</text> </paragraph> <paragraph num="(10)"> <text>The Compact Commissioner responsible for the administration and management of the State's participation in the Compact, and the Military Family Education Liaison are ex officio, voting members of the Council and serve at the pleasure of their appointing authority.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Appointment and Terms. The members identified in B(2) through B(6) of this Executive Order shall be appointed by the Governor, with the advice of a representative of the Governor's Subcabinet on Base Realignment and Closure (BRAC) and the State Superintendent of Schools. Such members shall serve at the pleasure of the Governor for two-year terms. The members identified in B(7) through B(10) of this Executive Order shall serve at the pleasure of their appointing authorities.</text> </paragraph> <paragraph num="D."> <text>Meetings. The Council shall meet at the call of the Chair.</text> </paragraph> <paragraph num="E."> <text>Procedures. The Chair shall establish the format and procedures for the meetings of the Council.</text> </paragraph> <paragraph num="F."> <text>Members of the Council may not receive any compensation for their services but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> <paragraph num="G."> <text>Consultation. Members of the Council shall consult and coordinate with the Interstate Commission, the Council of State Governments' National Center for Interstate Compacts, the Maryland State Department of Education, other State agencies, the local schools systems, military installations, and other organizations as needed concerning the State's participation in and compliance with the Compact and Interstate Commission activities.</text> </paragraph> <paragraph num="H."> <text>Chair. The Chair shall be determined by the Council.</text> </paragraph> <paragraph num="I."> <text>Staff Coordination. The Council shall be staffed by the Maryland State Department of Education.</text> </paragraph> <paragraph num="J."> <text>Working Groups. Working groups shall be established based on the needs of the Council.</text> </paragraph> <paragraph num="K."> <text>Frequency of Meetings. The Council shall meet at least twice a year.</text> </paragraph> <paragraph num="L."> <text>Responsibilities. The Council shall promote and support Maryland's participation as a member of the Compact. The Compact enables Maryland to collaborate with other member states, providing much needed consistency to ensure that there are no barriers to educational success imposed on children of military families because of frequent moves and the deployment of their parents. Consistent with the Compact, the Maryland Council will develop a set of recommendations and a plan to address, among other issues, the:</text> <paragraph num="(1)"> <text>Transfer of records;</text> </paragraph> <paragraph num="(2)"> <text>Course sequencing;</text> </paragraph> <paragraph num="(3)"> <text>Graduation requirements;</text> </paragraph> <paragraph num="(4)"> <text>Extra-curricular activities;</text> </paragraph> <paragraph num="(5)"> <text>Kindergarten and first grade entrance age;</text> </paragraph> <paragraph num="(6)"> <text>Immunization; and</text> </paragraph> <paragraph num="(7)"> <text>Power of custodial parents while parents are deployed.</text> </paragraph> <paragraph num="(8)"> <text>The recommendations and plan shall be submitted to the Governor by January 12, 2011 and biannually thereafter. Any interim updates to the recommendations and plan also shall be submitted to the Governor.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: April 26, 2010</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".10" heading="State Coordinating Committee for Human Services Transportation"> <paragraph num="A."> <text>Established. There is a State Coordinating Committee for Human Services Transportation (Committee).</text> </paragraph> <paragraph num="B."> <text>Definitions. As used in this Executive Order, the following terms have the following meanings:</text> <paragraph num="(1)"> <text>The term “agency” means an executive department, agency or office of the State of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The term “transportation-disadvantaged” means a person who qualifies for federally conducted or federally assisted transportation-related programs or services, as implemented and coordinated by a Maryland State agency, due to disability, income, or advanced age. This term is directly connected with the definition provided in the Presidential Executive Order on Human Services Transportation Coordination dated February 24, 2004 and mirrors any subsequent federal interpretation of the definition.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Membership and Procedures.</text> <paragraph num="(1)"> <text>The Committee shall consist of the following members:</text> <paragraph num="(a)"> <text>The Secretary of Transportation, or a designee, who shall Chair the Committee;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of Human Resources, or a designee;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Health and Mental Hygiene, or a designee;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of Aging, or a designee;</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of the Department of Disabilities, or a designee;</text> </paragraph> <paragraph num="(f)"> <text>The Secretary of Housing and Community Development, or a designee;</text> </paragraph> <paragraph num="(g)"> <text>The Secretary of Planning, or a designee;</text> </paragraph> <paragraph num="(h)"> <text>The State Superintendent of Schools, or a designee;</text> </paragraph> <paragraph num="(i)"> <text>The Secretary of Veterans Affairs, or a designee;</text> </paragraph> <paragraph num="(j)"> <text>The Director of the Governor's Office for the Deaf and Hard of Hearing, or a designee;</text> </paragraph> <paragraph num="(k)"> <text>The Secretary of Labor, Licensing and Regulation, or a designee;</text> </paragraph> <paragraph num="(l)"> <text>The Executive Director of the Maryland Developmental Disabilities Council, or a designee; and</text> </paragraph> <paragraph num="(m)"> <text>Additional members recommended to the Governor by the Chairperson of the Committee as needed to provide input from local governments, employers, agencies and organizations serving targeted populations, transportation providers, and consumers from targeted populations.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The members of the Committee named in (C )(1)(a) through (l) shall serve so long as they hold the office or designation specified in this Executive Order. All other members shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="(3)"> <text>The members of the Committee may not receive any compensation for their services. The members may be reimbursed for reasonable expenses incurred in the performance of duties, in accordance with the Standard State Travel Regulations and as provided in the State budget.</text> </paragraph> <paragraph num="(4)"> <text>Staff for the Committee will be provided by the Department of Transportation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Scope of the Committee. The Committee shall:</text> <paragraph num="(1)"> <text>Examine the transportation needs of citizens who are elderly, who have disabilities, and individuals requiring transportation to access jobs, medical and health appointments, senior citizens programs and other programs requiring the transportation of individuals who qualify as transportation-disadvantaged;</text> </paragraph> <paragraph num="(2)"> <text>Coordinate Maryland's efforts to provide quality human services transportation services by working with appropriate federal, State and local agencies, transit customers and transportation providers to develop a cooperative, coordinated, and human services transportation system;</text> </paragraph> <paragraph num="(3)"> <text>Devise a five-year human services transportation plan, which sets goals and objectives to help transportation-disadvantaged citizens access jobs, education and training programs, healthcare services and other activities by providing cost-effective, affordable, high capacity, high quality, easily understood, safe and accessible transportation; and</text> </paragraph> <paragraph num="(4)"> <text>Serve as the clearinghouse for human services transportation coordination issues throughout the State of Maryland, identify and facilitate a resolution to local and statewide issues regarding human services transportation, participate in the identification of possible allocations of human services transportation resources during emergency evacuations, evaluate cost-saving measures, investigate the need for the establishment of standards for vehicles and drivers within the human services transportation program, and examine other appropriate areas that facilitate the development of a quality human services transportation system in Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Reports to the Governor. The Committee shall provide an annual report to the Governor by September 1st of each year outlining its progress.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: April 26, 2010</annotation> </annotations> </regulation> </chapter> <chapter num="2011" heading=""> <regulation prefix="Executive Order" num=".01" heading="State Coordination of State Small Business Credit Initiative"> <paragraph num="A."> <text>The State’s Department of Business and Economic Development is designated as the entity responsible for the administration of the State Small Business Credit Initiative (SSBCI) in the State.</text> </paragraph> <paragraph num="B."> <text>The Secretary of Business and Economic Development is designated as the official responsible for signing the application and any agreements required to be signed by the State in connection with the application, approval and administration of the SSBCI, including any requests to modify the application and agreements after execution.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: March 7, 2011</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".06" heading="Governor’s Commission on Maryland Military Monuments"> <text>(Amends Executive Order 01.01.2008.17)</text> <paragraph num="A."> <text>There is a Governor’s Commission on Maryland Military Monuments.</text> </paragraph> <paragraph num="B."> <text>Membership and Procedures.</text> <paragraph num="(1)"> <text>The Governor’s Commission consists of up to 21 members appointed by the Governor.</text> </paragraph> <paragraph num="(2)"> <text>The Chairperson shall be the Maryland Secretary of Veterans Affairs.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary of Veterans Affairs may appoint subcommittees to carry out the work of the commission.</text> </paragraph> <paragraph num="(4)"> <text>The Governor may remove any member of the Commission for any cause adversely affecting the member’s ability or willingness to perform his or her duties.</text> </paragraph> <paragraph num="(5)"> <text>The Secretary of Veterans Affairs may remove any member of a subcommittee for any cause adversely affecting the member’s ability or willingness to perform his or her duties.</text> </paragraph> <paragraph num="(6)"> <text>In the event of a vacancy on the Commission, the Governor shall appoint a successor for the remainder of the life of the Commission.</text> </paragraph> <paragraph num="(7)"> <text>In the event of a vacancy on a subcommittee, the Secretary of Veterans Affairs shall appoint a successor for the remainder of the life of the subcommittee.</text> </paragraph> <paragraph num="(8)"> <text>A majority of the Commission shall constitute a quorum for the transaction of any Commission business. In any subcommittee, a majority shall constitute a quorum for the transaction of any subcommittee business. The Commission and the subcommittees may adopt such other procedures necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(9)"> <text>The members of the Commission and the subcommittees may not receive compensation for their services.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Scope.</text> <paragraph num="(1)"> <text>The Commission shall undertake an inventory of Maryland military monuments, which shall include the following information:</text> <paragraph num="(a)"> <text>Name, date of construction, location and means of access, and the original sponsorship of each monument;</text> </paragraph> <paragraph num="(b)"> <text>Current ownership of each monument and of monument land;</text> </paragraph> <paragraph num="(c)"> <text>Complete description of each monument including construction materials, condition, theme, and inscriptions, if any; and</text> </paragraph> <paragraph num="(d)"> <text>Responsibility for maintenance of monument.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Commission shall make a determination as to the cost of restoration of each monument which is in need of repairs.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall assign responsibility for ongoing maintenance of each monument.</text> </paragraph> <paragraph num="(4)"> <text>The Commission shall procure sufficient funds for the restoration of the monuments.</text> </paragraph> <paragraph num="(5)"> <text>The Commission shall prepare education and tourism materials for public distribution.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Fundraising. Contributions received by the Commission shall be deposited with the Maryland Military Monument Commission Fund of the [Baltimore Community Foundation, Inc.] MARYLAND VETERANS TRUST FUND within the Department of Veterans Affairs, and disbursed at the direction of the Commission.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: April 26, 2011</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".09" heading="Maryland Health Quality and Cost Council"> <text>(Rescinds Executive Order 01.01.2007.24)</text> <paragraph num="A."> <text>There shall be a Maryland Health Quality and Cost Council (Council).</text> </paragraph> <paragraph num="B."> <text>The Council shall consist of the following members:</text> <paragraph num="(1)"> <text>The Secretary of Health and Mental Hygiene (Secretary); and</text> </paragraph> <paragraph num="(2)"> <text>Fourteen additional members, to be appointed by the Governor, of which at least twelve shall be representative of the following groups:</text> <paragraph num="(a)"> <text>Health insurance carriers;</text> </paragraph> <paragraph num="(b)"> <text>Employers;</text> </paragraph> <paragraph num="(c)"> <text>Health care providers;</text> </paragraph> <paragraph num="(d)"> <text>Health care consumers;</text> </paragraph> <paragraph num="(e)"> <text>Public health experts on the elimination of racial and ethnic disparities; and</text> </paragraph> <paragraph num="(f)"> <text>Experts in health care quality and cost containment</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>To the extent practicable, the Council’s composition shall reflect:</text> <paragraph num="(1)"> <text>The gender, racial, and ethnic diversity of the State; and</text> </paragraph> <paragraph num="(2)"> <text>The geographic regions of the State.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Governor shall appoint the chair of the Council. If the Secretary is not the chair of the Council, the Governor shall appoint the Secretary as the co-chair or the vice-chair.</text> </paragraph> <paragraph num="E."> <text>With the exception of the Secretary (who shall be a permanent member of the Council):</text> <paragraph num="(1)"> <text>The term of a member of the Council shall be three years;</text> </paragraph> <paragraph num="(2)"> <text>The terms of members appointed by the Governor are staggered, as provided in subsection L;</text> </paragraph> <paragraph num="(3)"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A Member:</text> <paragraph num="(1)"> <text>May not serve more than two consecutive full terms; and</text> </paragraph> <paragraph num="(2)"> <text>Serves at the pleasure of the Governor.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The Council shall determine the times, places, and frequency of its meetings but shall meet at least four times each year.</text> </paragraph> <paragraph num="H."> <text>A majority of the full authorized membership of the Council is a quorum.</text> </paragraph> <paragraph num="I."> <text>The Council may act upon any matter with the authorization of a majority of the quorum present and voting.</text> </paragraph> <paragraph num="J."> <text>A member of the Council may not receive compensation, but is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.</text> </paragraph> <paragraph num="K."> <text>The Secretary shall designate the staff necessary to provide support for the Council.</text> </paragraph> <paragraph num="L."> <text>The terms of the initial appointed members of the Maryland Health Quality and Cost Council shall expire as follows:</text> <paragraph num="(1)"> <text>Four members in 2012;</text> </paragraph> <paragraph num="(2)"> <text>Five members in 2013; and</text> </paragraph> <paragraph num="(3)"> <text>Five members in 2014.</text> </paragraph> </paragraph> <paragraph num="M."> <text>The Council shall:</text> <paragraph num="(1)"> <text>Coordinate and facilitate collaboration on health care quality improvement and cost containment initiatives among:</text> <paragraph num="(a)"> <text>Medical groups, hospitals, and other health care providers;</text> </paragraph> <paragraph num="(b)"> <text>Health insurance carriers and other health care purchasers;</text> </paragraph> <paragraph num="(c)"> <text>Health insurance exchanges;</text> </paragraph> <paragraph num="(d)"> <text>State and local governmental entities;</text> </paragraph> <paragraph num="(e)"> <text>Health care professional boards;</text> </paragraph> <paragraph num="(f)"> <text>Health advocacy groups; and</text> </paragraph> <paragraph num="(g)"> <text>Academic experts in health care.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Develop and implement strategies that will improve the quality and cost-effectiveness of care for individuals with chronic illnesses and at risk of chronic illness, and that are workable and effective for minority communities, recognizing cultural and linguistic differences;</text> </paragraph> <paragraph num="(3)"> <text>Provide updates on health care quality and cost containment initiatives and priorities to the Governor and General Assembly, the Health Care Reform Coordinating Council, State and local governmental entities, professional boards, industry groups, consumers, and other public and private stakeholders;</text> </paragraph> <paragraph num="(4)"> <text>Appoint a workgroup to explore and develop health care strategies and initiatives, including financial, performance-based incentives, to reduce and eliminate health disparities, and make recommendations regarding the development and implementation of those strategies. The initiatives should seek to:</text> <paragraph num="(a)"> <text>Improve quality and reduce costs;</text> </paragraph> <paragraph num="(b)"> <text>Build on existing efforts to address known disparities; and</text> </paragraph> <paragraph num="(c)"> <text>Identify best practice disparity programs in Maryland and across the country to determine if and how they should be implemented in Maryland.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Support ongoing efforts to expand the use of health information technology in health care systems;</text> </paragraph> <paragraph num="(6)"> <text>Seek to leverage opportunities for demonstration and ongoing projects, federal grant funding, and other initiatives to improve quality and contain costs made available by the Affordable Care Act;</text> </paragraph> <paragraph num="(7)"> <text>Assess options and make recommendations regarding strategies for collecting and disseminating patient-centered outcomes research to develop and promote evidence-based practices among health care providers in the State;</text> </paragraph> <paragraph num="(8)"> <text>Examine and make recommendations on other issues relating generally to the mission of the Council to improve health care quality and contain health care costs; and</text> </paragraph> <paragraph num="(9)"> <text>Consider and recommend State public policy strategies for improving health and reducing cost.</text> </paragraph> </paragraph> <paragraph num="N."> <text>The Council shall avoid duplication of existing health care quality improvement and cost containment efforts in the State.</text> </paragraph> <paragraph num="O."> <text>The Council may:</text> <paragraph num="(1)"> <text>Adopt bylaws, rules, policies, or procedures to conduct business and carry out the purposes of the Council;</text> </paragraph> <paragraph num="(2)"> <text>Establish workgroups, committees, or task forces;</text> </paragraph> <paragraph num="(3)"> <text>Designate additional individuals with relevant expertise to serve on the workgroups, committees, or task forces; and</text> </paragraph> <paragraph num="(4)"> <text>Consult with other units of State and local government to carry out the duties of the Council.</text> </paragraph> </paragraph> <paragraph num="P."> <text>On or before January 1 of each year, the Council shall submit a report to the Governor and the General Assembly, in accordance with Section 2-1246 of the State Government Article, Annotated Code of Maryland, describing:</text> <paragraph num="(1)"> <text>The activities of the Council during the year, including performance data where applicable; and</text> </paragraph> <paragraph num="(2)"> <text>Findings and recommendations for improving health care quality, increasing health equity, and reducing health care costs in the State.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: May 26, 2011</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".12" heading="Governor’s Economic Development and Job Creation Fast Track"> <paragraph num="A."> <text>In this Executive Order the following words have the meanings indicated.</text> <paragraph num="(1)"> <text>“Coordinating Committee” means the committee designated by the Governor’s Chief of Staff under Section D(2) of this Order to assist in the implementation of this Executive Order.</text> </paragraph> <paragraph num="(2)"> <text>“Priority Funding Area” has the meaning stated in Title 5, Subtitle 7B of the State Finance and Procurement Article of the Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Priority Funding Area Exception” means an exception provided for State funding under Sections 5-7B-05(a) or 5-7B-06(a) of the State Finance and Procurement Article of the Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Established.</text> <paragraph num="(1)"> <text>There is a Governor’s Economic Development and Job Creation Fast Track (Fast Track) to provide more coordinated, efficient, and expedited review of business and economic development projects with significant State, regional or local impact.</text> </paragraph> <paragraph num="(2)"> <text>Fast Track is a coordinated review process by State agencies including, but not limited to, the Departments of Business and Economic Development, Transportation, the Environment, Planning, Housing and Community Development, and Natural Resources.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Oversight. The Lieutenant Governor will Chair Fast Track.</text> </paragraph> <paragraph num="D."> <text>Operational Support.</text> <paragraph num="(1)"> <text>The Governor’s Chief of Staff or the Chief of Staff’s designee shall identify staff to provide operational and other support as needed to implement this Executive Order.</text> </paragraph> <paragraph num="(2)"> <text>The Governor’s Chief of Staff or the Chief of Staff’s designee shall appoint a project coordinating committee of staff from State agencies or select an existing coordinating committee to assist in the implementation of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The eligibility criteria for Fast Track are as follows:</text> <paragraph num="(1)"> <text>The project will produce jobs or economic development that significantly impacts the State, region, county, or municipality;</text> </paragraph> <paragraph num="(2)"> <text>The project requires the issuance of one or more State permits or approvals; and</text> </paragraph> <paragraph num="(3)"> <paragraph num="(a)"> <text>The project is located in targeted areas typified by commercial main streets, revitalization and redevelopment areas, and commercial job centers within a Priority Funding Area; or</text> </paragraph> <paragraph num="(b)"> <text>The project is not located within a Priority Funding Area, but the project meets the criteria for a Priority Funding Area exception.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Application for Expedited Review by Fast Track.</text> <paragraph num="(1)"> <text>A local government, or project developer may apply to the Fast Track coordinating committee for expedited State review of a project that meets the eligibility criteria by submitting an application form to the committee.</text> </paragraph> <paragraph num="(2)"> <text>The application form will be located on the Maryland Made Easy website at www.easy.maryland.gov.</text> </paragraph> <paragraph num="(3)"> <text>In determining whether to recommend an eligible project for review, the Fast Track Coordinating Committee shall consider the following factors:</text> <paragraph num="(a)"> <text>The significance of the potential economic, job, and business development of the project in relation to the size of the jurisdiction that the project would benefit;</text> </paragraph> <paragraph num="(b)"> <text>Whether the project is designated as a priority project by a local government;</text> </paragraph> <paragraph num="(c)"> <text>Whether the project involves infill development or redevelopment;</text> </paragraph> <paragraph num="(d)"> <text>Whether the project conflicts with an important State policy or goal including whether the project is located in a targeted ecological area or priority agricultural preservation area;</text> </paragraph> <paragraph num="(e)"> <text>Whether the project furthers an important State policy or goal;</text> </paragraph> <paragraph num="(f)"> <text>Whether the project is ready to proceed upon issuance of permits and approvals;</text> </paragraph> <paragraph num="(g)"> <text>Environmental impacts, both positive and negative; and</text> </paragraph> <paragraph num="(h)"> <text>The capacity of the Fast Track Coordinating Committee to manage projects accepted for review.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>After receiving a recommendation on the eligible project from the Fast Track Coordinating Committee, the Chair shall decide whether to accept eligible projects for expedited review.</text> </paragraph> <paragraph num="(5)"> <text>The Fast Track Coordinating Committee shall notify an applicant if a project is accepted for expedited review.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Fast Track Duties and Activities. The Chair of Fast Track shall:</text> <paragraph num="(1)"> <text>Determine whether to accept eligible projects for expedited review;</text> </paragraph> <paragraph num="(2)"> <text>Assign a project coordinator to each accepted project;</text> </paragraph> <paragraph num="(3)"> <text>Oversee the timeliness of the processing of the requests for approvals and permits and act to eliminate, to the extent possible, delay or inefficiencies; and</text> </paragraph> <paragraph num="(4)"> <text>Report annually to the Governor on the implementation of this Executive Order including:</text> <paragraph num="(a)"> <text>The number of projects accepted for expedited review;</text> </paragraph> <paragraph num="(b)"> <text>The timeliness of the processing of approval and permits of accepted projects; and</text> </paragraph> <paragraph num="(c)"> <text>Local government participation in Fast Track.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Duties of the Project Coordinator. The Project Coordinator, with the assistance of staff from State agencies, shall:</text> <paragraph num="(1)"> <text>With a representative of the project, assist in determining the approvals and permits that may be required, the types of information that will be required, and an estimated timeline for applications and processing of accepted projects;</text> </paragraph> <paragraph num="(2)"> <text>Invite the local jurisdiction or jurisdictions that would be processing approvals and permits at the local level to participate in the review of the project;</text> </paragraph> <paragraph num="(3)"> <text>Construct a consolidated estimated timeline for discussion with the applicant and the Fast Track coordinating committee; and</text> </paragraph> <paragraph num="(4)"> <text>Report periodically to the Chair on the progress of application and review of the project.</text> </paragraph> </paragraph> <paragraph num="I."> <text>This Executive Order does not:</text> <paragraph num="(1)"> <text>Supplant or alter any review or permitting process that is required by law;</text> </paragraph> <paragraph num="(2)"> <text>Lessen any standard or criteria for permitting or approvals; or</text> </paragraph> <paragraph num="(3)"> <text>Apply to any federal or local permits or approval processes.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: June, 30, 2011</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".13" heading="Regional Bomb Squad Readiness and Coordination"> <paragraph num="A."> <text>The Office of the State Fire Marshal (OSFM) within the Maryland Department of State Police, the Maryland Emergency Management Agency (MEMA), and the Governor’s Office of Homeland Security (GOHS) shall continue to coordinate with the State’s federally accredited local bomb squads in order to provide safe, immediate, and effective responses to bomb threats throughout all regions of the State.</text> </paragraph> <paragraph num="B."> <text>In their coordination with the State’s accredited local bomb squads, the OSFM, MEMA and GOHS shall focus on establishing and promoting:</text> <paragraph num="(1)"> <text>Mutual aid among Maryland’s accredited bomb squads to ensue effective bomb squad response statewide;</text> </paragraph> <paragraph num="(2)"> <text>A regional response plan to ensure bomb squad readiness and coordination throughout the State;</text> </paragraph> <paragraph num="(3)"> <text>Joint training exercises across jurisdictions and disciplines, including law enforcement; and</text> </paragraph> <paragraph num="(4)"> <text>Mechanisms for sharing and analyzing performance data.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: August 9, 2011</annotation> </annotations> </regulation> </chapter> <chapter num="2012" heading=""> <regulation prefix="Executive Order" num=".01" heading="Recognition of the Maryland Indian Status of the Piscataway Conoy Tribe"> <paragraph num="A."> <text>The State formally recognizes the Piscataway Conoy Tribe's Maryland Indian status.</text> </paragraph> <paragraph num="B."> <text>The Piscataway Conoy Tribe and its members shall be accorded all the rights and privileges to which formal State recognition of the Tribe's Maryland Indian status entitles them.</text> </paragraph> <paragraph num="C."> <text>This Executive Order should not be interpreted as creating any rights to land, entitlements of any kind, or any special privileges related to gaming.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 9, 2012</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".02" heading="Recognition of the Maryland Indian Status of the Piscataway Indian Nation"> <paragraph num="A."> <text>The State formally recognizes the Piscataway Indian Nation’s Maryland Indian status.</text> </paragraph> <paragraph num="B."> <text>The Piscataway Indian Nation and its members shall be accorded all the rights and privileges to which formal State recognition of the Nation's Maryland Indian status entitles them.</text> </paragraph> <paragraph num="C."> <text>This Executive Order should not be interpreted as creating any rights to land, entitlements of any kind, or any special privileges related to gaming.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 9, 2012</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".03" heading="State Law Enforcement Coordinating Council"> <paragraph num="A."> <text>Established. There is a State Law Enforcement Coordinating Council (Council).</text> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="(1)"> <text>The Council shall include the following State law enforcement agencies (member agencies):</text> <paragraph num="(a)"> <text>State Police;</text> </paragraph> <paragraph num="(b)"> <text>The Maryland Transportation Authority Police;</text> </paragraph> <paragraph num="(c)"> <text>Mass Transit Administration Police;</text> </paragraph> <paragraph num="(d)"> <text>The Natural Resources Police;</text> </paragraph> <paragraph num="(e)"> <text>University of Maryland Department of Public Safety, and all police departments of the constituent institutions of the University System of Maryland listed in Section 12-101(b)(5) of the Education Article of the Annotated Code of Maryland;</text> </paragraph> <paragraph num="(f)"> <text>The Morgan State University Police Force; and</text> </paragraph> <paragraph num="(g)"> <text>Maryland Capitol Police.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Secretary of State Police will serve as the Chair of the Council.</text> </paragraph> <paragraph num="(3)"> <text>The Council Chair shall select two chiefs from the member agencies who shall serve as Deputy Chairs for an appointment period not to exceed one year.</text> </paragraph> <paragraph num="(4)"> <text>The Executive Committee will be comprised of the Chair and Deputy Chairs of the Council.</text> </paragraph> <paragraph num="(5)"> <text>The Membership of the Council may be expanded to include other State law enforcement agencies by the unanimous decision of the Executive Committee.</text> </paragraph> <paragraph num="(6)"> <text>The Advisory Group to the Council shall include, but is not limited to designated representatives from the:</text> <paragraph num="(a)"> <text>Governor’s Office of Crime Control and Prevention;</text> </paragraph> <paragraph num="(b)"> <text>Maryland Highway Safety Office;</text> </paragraph> <paragraph num="(c)"> <text>Maryland Police Training Commission;</text> </paragraph> <paragraph num="(d)"> <text>Maryland Emergency Management Agency; and</text> </paragraph> <paragraph num="(e)"> <text>Governor’s Office of Homeland Security.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures.</text> <paragraph num="(1)"> <text>Council meetings shall be attended by designated representatives of each member agency and shall be held on a quarterly basis or as necessary.</text> </paragraph> <paragraph num="(2)"> <text>The Council shall adopt written policies and procedures to implement the provisions of this Executive Order, including policies and procedures to ensure the safe, efficient, and cooperative provision of law enforcement services in instances in which a member agency of the Council is operating with expanded jurisdiction as provided for in subsection E(1) of this Executive Order.</text> </paragraph> <paragraph num="(3)"> <text>As provided in subsection C(5), the Executive Committee shall approve actions of the Council under circumstances where coordination of State law enforcement agencies will serve to protect the public safety. Council coordinated activity may include, but is not limited to, responding to crime trends of a statewide, regional or local nature by targeted enforcement or investigative activity, investigating specific criminal activity within the State, maintaining homeland security, responding to emergencies either natural or manmade, or undertaking such actions as may help to enhance the safety of the roadways or any mode of travel on public transportation.</text> </paragraph> <paragraph num="(4)"> <text>The Executive Committee shall also decide which member agencies shall participate in each action, based upon the resources a particular member agency has available to participate, the location of the action and the particular expertise that the member agency has available to contribute to the action.</text> </paragraph> <paragraph num="(5)"> <text>All planned law enforcement actions of the Council shall be approved by a unanimous decision of the Executive Committee. An Executive Committee member who is not available to participate in any decision of the Committee shall designate a representative from within his or her agency. The scope and aims of each Council action shall be described in writing before it is carried out. The outcome shall be documented within a reasonable time following completion of the action. Any action for which the Executive Committee, because of an emergency or other time-sensitive situation, does not have time to prepare and approve a written document detailing the scope and aims in advance shall be approved upon the verbal authorization of a majority of the Executive Committee. The scope, aims, and outcome of the Council action shall be documented as soon thereafter as reasonably possible.</text> </paragraph> <paragraph num="(6)"> <text>On September 1 of each year, the Council shall submit a summary report to the Governor concerning all actions taken under this Executive Order for the previous fiscal year ending June 30, including the member agency participants and the location of each action.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Duties.</text> <paragraph num="(1)"> <text>The Council has the authority and responsibility to coordinate among its member agencies to further the safety and security of the people of Maryland and to improve the administration and enforcement of the laws of Maryland by ensuring that police resources are deployed across the State to address state-wide crime trends, regional and local crime, maintain homeland security, respond to any threats to homeland security, and to address emergencies either natural or man-made.</text> </paragraph> <paragraph num="(2)"> <text>The Council will explore opportunities for its member agencies to work collaboratively with local law enforcement agencies and seek to foster enhanced communications and working relations among all law enforcement agencies in the State to achieve a safer Maryland.</text> </paragraph> <paragraph num="(3)"> <text>The Council will seek efficiencies in administrative functions among its member agencies, including but not limited to the following:</text> <paragraph num="(a)"> <text>Training;</text> </paragraph> <paragraph num="(b)"> <text>Information Technology;</text> </paragraph> <paragraph num="(c)"> <text>Communications;</text> </paragraph> <paragraph num="(d)"> <text>Procurement;</text> </paragraph> <paragraph num="(e)"> <text>Campus Security;</text> </paragraph> <paragraph num="(f)"> <text>Homeland Security; and</text> </paragraph> <paragraph num="(g)"> <text>Development and implementation of emergency planning.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Jurisdiction.</text> <paragraph num="(1)"> <text>Member agencies may exercise all the authority of a police officer of the Department of State Police as provided in Section 2-412 of the Public Safety Article when carrying out any action approved by the Council as provided for in this Executive Order and as authorized by:</text> <paragraph num="(a)"> <text>Section 7-207(b)(iii) of the Transportation Article for the Maryland Transit Administration Police;</text> </paragraph> <paragraph num="(b)"> <text>Section 4-208(b)(4)(iii) of the Transportation Article for the Maryland Transportation Authority Police;</text> </paragraph> <paragraph num="(c)"> <text>Section 13-601(b)(2)(iv) of the Education Article for the University of Maryland Police and the police departments of the constituent institutions of the University System of Maryland listed in Section 12-101(b)(5) of the Education Article; and</text> </paragraph> <paragraph num="(d)"> <text>Section 14-106(b)(2)(iii) for the Morgan State University Police Force.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A police officer of the Natural Resources Police shall have the full authority of a police officer of the State as provided in Section 1-204(a) of the Natural Resources Article, including the authority to enforce traffic laws when carrying out any action approved by the Council as provided for in this Executive Order.</text> </paragraph> <paragraph num="(3)"> <text>A police officer of the Maryland Capitol Police as defined by Section 4-605(c) of the State Finance and Procurement Article shall have the full authority of a police officer to enforce the criminal laws of the State as provided by Section 2-102 of the Criminal Procedure Article when carrying out any action approved by the Council as provided for in this Executive Order.</text> </paragraph> <paragraph num="(4)"> <text>No provision of this Executive Order is intended to compromise or limit any of the powers, protections, or immunities otherwise granted by law to member agencies or other law enforcement agencies within Maryland.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 29, 2012</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".04" heading="One Maryland — One Map: Maryland Integrated Map"> <text>(Rescinds Executive Order 01.01.2009.20)</text> <paragraph num="A."> <text>Established. There is an Executive Committee to implement the Maryland Integrated Map (MD iMap). The Executive Committee is a subcabinet entity and shall advise the Governor on issues relating to MD iMap and geospatial policy.</text> </paragraph> <paragraph num="B."> <text>Composition. The Executive Committee consists of the following members:</text> <paragraph num="(1)"> <text>The Secretary of the Department of Agriculture or a designee;</text> </paragraph> <paragraph num="(2)"> <text>The Secretary of the Department of Environment or a designee;</text> </paragraph> <paragraph num="(3)"> <text>The Secretary of the Department of Natural Resources or a designee;</text> </paragraph> <paragraph num="(4)"> <text>The Secretary of the Department of Planning or a designee;</text> </paragraph> <paragraph num="(5)"> <text>The Secretary of the Department of Transportation or a designee;</text> </paragraph> <paragraph num="(6)"> <text>The Secretary of the Department of Housing and Community Development or a designee;</text> </paragraph> <paragraph num="(7)"> <text>The Secretary of the Department of Business and Economic Development or a designee;</text> </paragraph> <paragraph num="(8)"> <text>The Secretary of the Department of General Services or a designee;</text> </paragraph> <paragraph num="(9)"> <text>The State Superintendent of Education or a designee;</text> </paragraph> <paragraph num="(10)"> <text>The Secretary of the Department of Health and Mental Hygiene or a designee;</text> </paragraph> <paragraph num="(11)"> <text>The Secretary of the Department of Information Technology;</text> </paragraph> <paragraph num="(12)"> <text>The Secretary of the Department of Public Safety and Correctional Services or a designee;</text> </paragraph> <paragraph num="(13)"> <text>The Superintendent of the Maryland State Police or a designee;</text> </paragraph> <paragraph num="(14)"> <text>The Director of Assessments and Taxation or a designee;</text> </paragraph> <paragraph num="(15)"> <text>The Secretary of Budget and Management or a designee;</text> </paragraph> <paragraph num="(16)"> <text>The Adjutant General of the Military Department or a designee;</text> </paragraph> <paragraph num="(17)"> <text>The Director of the Maryland Emergency Management Agency or a designee;</text> </paragraph> <paragraph num="(18)"> <text>The Secretary of the Department of Labor, Licensing and Regulations or a designee;</text> </paragraph> <paragraph num="(19)"> <text>The Secretary of the Department of Human Resources or a designee;</text> </paragraph> <paragraph num="(20)"> <text>The Director of the Governor's StateStat Office;</text> </paragraph> <paragraph num="(21)"> <text>The Governor’s Homeland Security Advisor;</text> </paragraph> <paragraph num="(22)"> <text>The Executive Director of the Governor’s Office of Crime Control and Prevention or a designee;</text> </paragraph> <paragraph num="(23)"> <text>The Executive Director of the Maryland Institute for Emergency Medical Services Systems or a designee;</text> </paragraph> <paragraph num="(24)"> <text>The Governor may appoint as members of the Executive Committee five elected officials or employees from local government and/or public utilities who have knowledge and interest in geospatial data, technology, and policy. Such members shall serve at the pleasure of the Governor for up to two consecutive two-year terms. Some initial appointments will be for three years so that subsequent turnover will be staggered. One appointment will represent each of the following geographic regions:</text> <paragraph num="(a)"> <text>Western (Allegany, Frederick, Garrett, and Washington counties);</text> </paragraph> <paragraph num="(b)"> <text>Eastern (Eastern Shore including Cecil County);</text> </paragraph> <paragraph num="(c)"> <text>Southern (Anne Arundel, Calvert, Charles, and St. Mary’s counties);</text> </paragraph> <paragraph num="(d)"> <text>Capital Region (Montgomery and Princes George’s counties); and</text> </paragraph> <paragraph num="(e)"> <text>North/Central (Harford, Baltimore, Baltimore City, Carroll, and Howard counties);</text> </paragraph> </paragraph> <paragraph num="(25)"> <text>The Governor may appoint up to five members from the private, private utility, academic, and/or nonprofit sectors who have knowledge of and interest in geospatial data, technology, or policy. Such members shall serve at the pleasure of the Governor for up to two consecutive two-year terms. Some initial appointments will be for three years so that subsequent turnover will be staggered; and</text> </paragraph> <paragraph num="(26)"> <text>The Governor shall request a representative from the Federal Geographic Data Committee.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Executive Committee Leadership and Status.</text> <paragraph num="(1)"> <text>The Governor shall provide strategic direction to the Executive Committee.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary of the Department of Information Technology shall chair the Executive Committee.</text> </paragraph> <paragraph num="(3)"> <text>The Director of the Governor's StateStat Office shall serve as vice chair of the Executive Committee.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Executive Committee Duties. The Executive Committee shall:</text> <paragraph num="(1)"> <text>Develop and/or approve MD iMap policies, procedures, and guidance;</text> </paragraph> <paragraph num="(2)"> <text>Respond to matters referred by the Technical Committee;</text> </paragraph> <paragraph num="(3)"> <text>Identify funding to support the MD iMap program, develop a budget that describes the collective cost of operating and investing in MD iMap, and provide advice to the Governor on budget matters;</text> </paragraph> <paragraph num="(4)"> <text>Promote the sharing of geospatial data and services among all participants in the MD iMap program while taking into account privacy and security concerns;</text> </paragraph> <paragraph num="(5)"> <text>Appoint and assign appropriate staff to oversee the development, maintenance, use, and promotion of the MD iMap program;</text> </paragraph> <paragraph num="(6)"> <text>Provide guidance to the Technical Committee on MD iMap policies, standards, and other deliverables; and</text> </paragraph> <paragraph num="(7)"> <text>Promote, advertise, and market the applications, capabilities, benefits, and results of the MD iMap program.</text> </paragraph> </paragraph> <paragraph num="E."> <text>State Geographic Information Officer.</text> <paragraph num="(1)"> <text>There is a State Geographic Information Officer (GlO).</text> </paragraph> <paragraph num="(2)"> <text>The GlO shall be appointed by and serve at the pleasure of the Secretary of the Department of Information Technology.</text> </paragraph> <paragraph num="(3)"> <text>The GlO shall:</text> <paragraph num="(a)"> <text>Ensure that the MD iMap program supports the Governor's Policy Goals;</text> </paragraph> <paragraph num="(b)"> <text>Facilitate and coordinate the planning, implementation, and maintenance of the MD iMap program (including MD iMap policies and procedures);</text> </paragraph> <paragraph num="(c)"> <text>Develop, maintain, and operate an enterprise geospatial system, including the central store and catalog of MD iMap data and services available to agencies and the public;</text> </paragraph> <paragraph num="(d)"> <text>Recruit the Technical Committee membership;</text> </paragraph> <paragraph num="(e)"> <text>Appoint Technical Committee Chair(s);</text> </paragraph> <paragraph num="(f)"> <text>Provide oversight for the development of the MD iMap program;</text> </paragraph> <paragraph num="(g)"> <text>Establish and monitor MD iMap metrics;</text> </paragraph> <paragraph num="(h)"> <text>Establish and manage a MD iMap communications plan;</text> </paragraph> <paragraph num="(i)"> <text>Provide MD iMap education;</text> </paragraph> <paragraph num="(j)"> <text>Maintain a liaison relationship with State, regional, county, and municipal organizations;</text> </paragraph> <paragraph num="(k)"> <text>Promote, advertise, and market applications, capabilities, benefits, and results of the MD iMap program; and</text> </paragraph> <paragraph num="(l)"> <text>Assist in the identification and capturing of funding to support the MD iMap program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Technical Committee.</text> <paragraph num="(1)"> <text>The Technical Committee shall consist of State agency personnel responsible for using and implementing MD iMap, local government, and private and nonprofit representatives in the field of geographical information systems.</text> </paragraph> <paragraph num="(2)"> <text>The Technical Committee shall:</text> <paragraph num="(a)"> <text>Facilitate the development of MD iMap contents, policies, and procedures;</text> </paragraph> <paragraph num="(b)"> <text>Establish and monitor MD iMap metrics;</text> </paragraph> <paragraph num="(c)"> <text>Provide staff support to workgroups;</text> </paragraph> <paragraph num="(d)"> <text>Provide MD iMap program status reports to the Executive Committee;</text> </paragraph> <paragraph num="(e)"> <text>Resolve issues identified by any work groups that have been established;</text> </paragraph> <paragraph num="(f)"> <text>Ensure consistency in any contents, policies and procedures developed by work groups;</text> </paragraph> <paragraph num="(g)"> <text>Submit MD iMap resources to the Executive Committee;</text> </paragraph> <paragraph num="(h)"> <text>Submit recommendations to the Executive Committee for changes, additions, or exceptions to MD iMap system infrastructure or data sets;</text> </paragraph> <paragraph num="(i)"> <text>Identify matters that need to be referred to the Executive Committee for resolution;</text> </paragraph> <paragraph num="(j)"> <text>Ensure the quality and timeliness of MD iMap resources;</text> </paragraph> <paragraph num="(k)"> <text>Review and provide advice on GIS-related projects to the Executive Committee or the GIO;</text> </paragraph> <paragraph num="(l)"> <text>Provide planning and oversight support for MD iMap GIS projects;</text> </paragraph> <paragraph num="(m)"> <text>Provide advice on GIS-related issues associated with MD iMap projects;</text> </paragraph> <paragraph num="(n)"> <text>Review MD iMap GIS projects to ensure that they conform to the MD iMap program policies;</text> </paragraph> <paragraph num="(o)"> <text>Promote, advertise, and market the applications, capabilities, benefits, and results of MD iMap; and</text> </paragraph> <paragraph num="(p)"> <text>Research new technologies.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Cooperation of State Agencies. All State departments, agencies, commissions, and boards are directed to cooperate with the Executive Committee, the GIO, and the Technical Committee in implementing the provisions of this Executive Order.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 13, 2012</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".05" heading="Governor's Family Violence Council"> <text>(Amends Executive Order 01.01.2008.16)</text> <paragraph num="A."> <text>Established. There is a Governor's Family Violence Council within the Governor's Office of Crime Control and Prevention. The Governor’s Family Violence Council’s mission is to provide the Governor with timely and accurate information on family violence with recommendations to reduce and eliminate abusive behaviors.</text> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="(1)"> <text>The Council shall have no more than 28 members consisting of:</text> <paragraph num="(a)"> <text>The Lieutenant Governor or a designee;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of Health and Mental Hygiene or a designee;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Human Resources or a designee;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of Public Safety and Correctional Services or a designee;</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of Juvenile Services or a designee;</text> </paragraph> <paragraph num="(f)"> <text>The State Superintendent of Schools or a designee;</text> </paragraph> <paragraph num="(g)"> <text>The Secretary of State Police or a designee;</text> </paragraph> <paragraph num="(h)"> <text>The Executive Director of the Governor's Office of Crime Control and Prevention or a designee;</text> </paragraph> <paragraph num="(i)"> <text>The Executive Director of the Governor's Office for Children or a designee;</text> </paragraph> <paragraph num="(j)"> <text>The Attorney General or a designee;</text> </paragraph> <paragraph num="(k)"> <text>A representative of the Maryland Judiciary, designated by the Chief Judge of the Court of Appeals;</text> </paragraph> <paragraph num="(l)"> <text>Two members of the Maryland Senate, one appointed by the President of the Senate and one appointed by the Minority Leader of the Senate;</text> </paragraph> <paragraph num="(m)"> <text>Two members of the Maryland House of Delegates, one appointed by the Speaker of the House and one appointed by the Minority Leader of the House of Delegates;</text> </paragraph> <paragraph num="(n)"> <text>A representative of the Maryland State’s Attorneys’ Association; and</text> </paragraph> <paragraph num="(o)"> <text>Up to twelve members with interest and expertise in issues related to domestic violence appointed by the Governor. These members may include representatives of service providers, the legal, advocacy, and faith communities, and victims and survivors of domestic or family violence.</text> </paragraph> <paragraph num="(p)"> <text>The Governor shall appoint the Chair and any Vice Chairs of the Council from among its members.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Members appointed by the Governor under B(1)(o) serve at the will of the Governor, and shall serve 3-year terms, staggered upon initial appointment. All other members shall serve so long as they hold the office or designation stipulated in B(1)(a) through (n).</text> </paragraph> <paragraph num="(3)"> <text>To the extent possible, the membership shall include representation from each of the major geographic regions of the State.</text> </paragraph> <paragraph num="(4)"> <text>Members of the Council may not receive any compensation for their services, but may receive reimbursement for reasonable expenses incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.</text> </paragraph> <paragraph num="(5)"> <text>If a member appointed by the Governor fails to attend more than half of the regularly scheduled meetings in one year, the member may be presumed to have resigned and the Governor may appoint a new member to fill out the remainder of the term.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Council shall meet at least two times per year.</text> </paragraph> <paragraph num="(2)"> <text>A majority of the Council's membership shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(3)"> <text>The Council may adopt rules consistent with this Executive Order, including the creation of subcommittees to carry out the Council's responsibilities.</text> </paragraph> <paragraph num="(4)"> <text>The Council may hold public hearings as deemed necessary and appropriate by the Chair.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Duties and Responsibilities. The Council shall:</text> <paragraph num="(1)"> <text>Advise the Governor through the Executive Director of the Governor's Office of Crime Control and Prevention on matters related to family violence.</text> </paragraph> <paragraph num="(2)"> <text>Identify and analyze State policies and programs relating to family violence, including but not limited to:</text> <paragraph num="(a)"> <text>Collecting data from State agencies relating to the prevention and reduction of domestic violence and related family violence;</text> </paragraph> <paragraph num="(b)"> <text>Identifying resources available to reduce and prevent family violence through a statewide coordinated effort; and</text> </paragraph> <paragraph num="(c)"> <text>Identifying opportunities for collaboration between governmental units.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Examine, or cause to be examined, the relationship between family violence and other societal problems, including but not limited to juvenile delinquency, alcohol and substance abuse, truancy, and future criminal activity.</text> </paragraph> <paragraph num="(4)"> <text>Identify best practices, research, and information pertaining to abuser intervention and related programs.</text> </paragraph> <paragraph num="(5)"> <text>Propose to the Governor, through the Executive Director of the Governor's Office of Crime Control and Prevention, legislative, regulatory, and policy changes to reduce and prevent the incidence of domestic violence and related family violence, to protect victims and to punish perpetrators.</text> </paragraph> <paragraph num="(6)"> <text>Perform such other duties and functions as may be appropriate and necessary for the Council to address and implement the provisions of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Staffing.</text> <paragraph num="(1)"> <text>The Governor's Office of Crime Control and Prevention shall provide staff for the Council.</text> </paragraph> <paragraph num="(2)"> <text>The Council may request and shall receive in a timely manner from any department, division, board, bureau, commission, or agency of the State such information and assistance as necessary to enable it to properly carry out its powers pursuant to this Executive Order, unless otherwise prohibited by law.</text> </paragraph> <paragraph num="(3)"> <text>The Council shall be funded by operating budgets of the Executive Department, and any federal funds or special State funds available, unless otherwise prohibited by law or regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Reporting. The Council shall issue an annual report to the Governor by December 1, which provides the status of family violence in Maryland and recommends improvements to the State's activities to prevent family violence.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 27, 2012</annotation> </annotations> </regulation> </chapter> <chapter num="2013" heading=""> <regulation prefix="Executive Order" num=".02" heading="Governor's Commission on Service and Volunteerism"> <text>(Rescinds Executive Order 01.01.2004.58)</text> <paragraph num="A."> <text>Definitions. In this Executive Order, the following terms have the meanings indicated:</text> <paragraph num="(1)"> <text>“Commission” means the Governor's Commission on Service and Volunteerism.</text> </paragraph> <paragraph num="(2)"> <text>“Office” means the Governor’s Office of Community Initiatives, as established in Executive Order 01.01.2007.25.</text> </paragraph> <paragraph num="(3)"> <text>“Act” means the National and Community Service Trust Act of 1993, as amended.</text> </paragraph> <paragraph num="(4)"> <text>“Executive Director” means the Executive Director of the Governor’s Office of Community Initiatives.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Established. There is a Governor's Commission on Service and Volunteerism within the Executive Branch. The Commission shall report to the Executive Director.</text> </paragraph> <paragraph num="C."> <text>Membership and Procedures.</text> <paragraph num="(1)"> <text>Voting Members. The Commission shall be comprised of the following voting members:</text> <paragraph num="(a)"> <text>The State Superintendent of Schools, or a designee;</text> </paragraph> <paragraph num="(b)"> <text>14 to 24 voting members appointed by the Governor to include:</text> <paragraph num="(i)"> <text>A representative of community-based agencies or organizations within the State;</text> </paragraph> <paragraph num="(ii)"> <text>A representative of local government;</text> </paragraph> <paragraph num="(iii)"> <text>A representative of business;</text> </paragraph> <paragraph num="(iv)"> <text>A representative of labor;</text> </paragraph> <paragraph num="(v)"> <text>A representative of a national service program;</text> </paragraph> <paragraph num="(vi)"> <text>An individual between the ages of 16 and 25 who is a participant or supervisor in a volunteer service program;</text> </paragraph> <paragraph num="(vii)"> <text>An individual with expertise in the educational, training and development needs of youth, particularly disadvantaged youth;</text> </paragraph> <paragraph num="(viii)"> <text>An individual with experience in promoting the involvement of older adults in service and volunteerism; (ix) A representative of the volunteer sector; and</text> </paragraph> <paragraph num="(x)"> <text>Members of the general public with interest, knowledge and experience in service and volunteerism.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Nonvoting Members. The Executive Director of the Office shall serve as a nonvoting member of the Commission. The Commission may also include nonvoting representatives of State agencies.</text> </paragraph> <paragraph num="(3)"> <text>The Corporation for National and Community Service shall designate one of its employees to serve as an ex-officio nonvoting representative on the Commission.</text> </paragraph> <paragraph num="(4)"> <text>In accordance with the requirements of the Act, no more than 50 percent plus one of the voting members may be from the same political party, and no more than 25 percent of the voting members may be comprised of officers or employees of the State.</text> </paragraph> <paragraph num="(5)"> <text>In accordance with the requirements of the Act, the Chairperson will be elected annually from among the Commission members and may be re-elected. In the event of a vacancy between elections, the Governor shall designate an interim chairperson who shall serve until a successor has been duly elected.</text> </paragraph> <paragraph num="(6)"> <text>Members appointed by the Governor shall serve at his pleasure for a term of three years. A member may be reappointed, but may not serve more than two complete consecutive terms. The terms of the members shall be staggered from initial appointment.</text> </paragraph> <paragraph num="(7)"> <text>A member of the Commission shall serve without compensation, but may be reimbursed for reasonable and necessary travel expenses incurred while performing approved Commission duties, in accordance with the Standard State Travel Regulations and as provided in the State budget.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Scope of the Commission. The Commission shall have the following duties and responsibilities:</text> <paragraph num="(1)"> <text>To direct the State’s participation in the implementation of the National and Community Service Trust Act of 1993, and appropriate successor acts, including approving the State's application for funding of service positions under the Act;</text> </paragraph> <paragraph num="(2)"> <text>To encourage the recognition of outstanding volunteer service and civic participation by individuals, schools, and organizations, with the goal of promoting greater participation in the community; and</text> </paragraph> <paragraph num="(3)"> <text>To advise the Governor, Executive Director, and State agencies on issues related to volunteerism and service among the citizens of the State.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Staff Support. The Office shall provide support to the Commission in carrying out its duties, including:</text> <paragraph num="(1)"> <text>Performing grant administration functions, including preparation of an annual comprehensive plan and State application for funding, and monitoring and evaluating funded programs;</text> </paragraph> <paragraph num="(2)"> <text>Serving as the State’s principal liaison to the Corporation for National and Community Service;</text> </paragraph> <paragraph num="(3)"> <text>Providing technical assistance, education, information, and other support to organizations and institutions to encourage community service and volunteer participation; and</text> </paragraph> <paragraph num="(4)"> <text>Working with individuals, communities and organizations to promote innovative programs and initiatives that address Maryland’s educational, public safety, human service, and environmental needs.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Reports. By December 31 of each year, the Commission shall make an annual report to the Executive Director concerning its activities, and any recommendations it may have for further promoting community service and volunteerism in the State.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 23, 2013</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".03" heading="Public-Private Partnerships — Oversight"> <paragraph num="A."> <text>Maryland Subcabinet for Public-Private Partnerships.</text> <paragraph num="(1)"> <text>Established. This is a Maryland Subcabinet for Public-Private Partnerships. The Subcabinet shall consist of the following members:</text> <paragraph num="(a)"> <text>The Executive Director of the Maryland Subcabinet for Public-Private Partnerships, who is appointed by the Governor;</text> </paragraph> <paragraph num="(b)"> <text>The Lt. Governor, or the Lt. Governor’s designee, who serves as Chair of Subcabinet;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Budget and Management, or the Secretary’s designee;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of General Services, or the Secretary’s designee;</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of Transportation, or the Secretary’s designee;</text> </paragraph> <paragraph num="(f)"> <text>The Special Secretary of the Governor’s Office of Minority Affairs, or the Special Secretary’s designee;</text> </paragraph> <paragraph num="(g)"> <text>The Executive Secretary of the Maryland Transportation Authority, or the Executive Secretary’s designee; (h) The Chancellor of the University System of Maryland, or the Chancellor’s designee;</text> </paragraph> <paragraph num="(i)"> <text>The Executive Director of the Maryland Stadium Authority, or the Executive Director’s designee;</text> </paragraph> <paragraph num="(j)"> <text>The Executive Director of the Maryland Economic Development Corporation, or the Executive Director’s designee; and</text> </paragraph> <paragraph num="(k)"> <text>The Executive Director of the Interagency Committee on School Construction, or the Executive Director’s designee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Maryland Subcabinet for Public-Private Partnerships shall establish a Public-Private Partnership Advisory Board to seek advice on future public-private partnership policy and opportunities. The membership of the Advisory Board is at the sole discretion of the Subcabinet. The Board shall be diverse and representative of the various groups and stakeholders that have experience and interest in public-private partnerships. Its membership may include persons from the private and public sector, the labor community, the environmental community, historically black colleges and universities, minority communities, women, local and county government officials, the Maryland Senate, the Maryland House of Delegates and any other affected groups or businesses.</text> </paragraph> <paragraph num="(3)"> <text>Responsibilities. The Maryland Subcabinet for Public-Private Partnerships and the Executive Director of the Subcabinet shall:</text> <paragraph num="(a)"> <text>Coordinate the activities of the Subcabinet, execute the responsibilities enumerated in this Executive Order, and act as the State’s liaison to groups and individuals who are interested in learning about or pursuing public-private partnerships in Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Meet at least quarterly to review statewide public-private partnership projects, policies, and related issues;</text> </paragraph> <paragraph num="(c)"> <text>Provide assistance, information, or advice to any reporting agency seeking assistance, information, or advice for potential public-private partnerships;</text> </paragraph> <paragraph num="(d)"> <text>As necessary, and in coordination with a reporting agency and the Department of Budget and Management, provide the Board of Public Works, the General Assembly, the Department of Legislative Services, the Office of the Comptroller and Office of the Treasurer with updates on any ongoing or future public-private partnerships;</text> </paragraph> <paragraph num="(e)"> <text>Assist with the continued development and improvement of the State’s public-private partnership framework, including agency regulations and the criteria for project selection, as needed;</text> </paragraph> <paragraph num="(f)"> <text>Review, as needed, Maryland’s existing public-private partnership legislation or regulations that may constrain reporting agencies or Maryland’s ability to consider or execute public-private partnerships effectively, and recommend potential changes;</text> </paragraph> <paragraph num="(g)"> <text>Analyze how to maximize the State’s use of public-private partnerships;</text> </paragraph> <paragraph num="(h)"> <text>Conduct additional research into best practices for public-private partnerships within the United States and internationally;</text> </paragraph> <paragraph num="(i)"> <text>Invite subject-matter experts, both from within and outside State government, to present to the Subcabinet;</text> </paragraph> <paragraph num="(j)"> <text>Hold forums and similar educational or information-gathering events;</text> </paragraph> <paragraph num="(k)"> <text>Ensure that the repository for public-private partnership information established under Section B of this Executive Order is updated on a timely basis, including:</text> <paragraph num="(i)"> <text>Key aspects and documents related to all State public-private partnerships that have reached final Agreement;</text> </paragraph> <paragraph num="(ii)"> <text>Details about each reporting agency’s pipeline of future public-private partnerships; and</text> </paragraph> <paragraph num="(iii)"> <text>Any other pertinent information related to public-private partnerships;</text> </paragraph> </paragraph> <paragraph num="(l)"> <text>Commission the development of studies and reports including, but not limited to, a report submitted by December 1, 2013 to the Governor, Senate President and House Speaker that includes:</text> <paragraph num="(i)"> <text>An analysis of the State’s two capital improvement plans—including the Consolidated Transportation Program and Capital Improvement Program—to assist reporting agencies in determining which capital projects should be considered as a public-private partnership and their respective priority. Consideration may also be given to capital projects that have been requested, but are not included in either of the State’s current capital improvement plans;</text> </paragraph> <paragraph num="(ii)"> <text>The advantages and disadvantages of establishing a formal Office of Public-Private Partnerships and/or Innovative Financing Office to oversee and manage future tax increment financing, public-private partnerships, smart growth investment funds, or other types of innovative financing, as well as the potential composition, location, staffing, and responsibilities of such an office or offices; and</text> </paragraph> <paragraph num="(iii)"> <text>A description of possible uses of availability payments and their applicability in Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Staff support. Staff support for the Maryland Subcabinet for Public-Private Partnerships will be provided by the Executive Director with support from:</text> <paragraph num="(a)"> <text>The Department of Transportation;</text> </paragraph> <paragraph num="(b)"> <text>The Department of Budget and Management;</text> </paragraph> <paragraph num="(c)"> <text>The Department of General Services;</text> </paragraph> <paragraph num="(d)"> <text>The University System of Maryland; and</text> </paragraph> <paragraph num="(e)"> <text>Contractual assistance or experts in the field of public-private partnerships or other areas as needed.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Repository for Public-Private Partnership Information.</text> <paragraph num="(1)"> <text>The Executive Director in coordination with the subcabinet will create a centralized website to highlight information on the State’s knowledge and experience with public-private partnership policies, processes, projects and other best practices.</text> </paragraph> <paragraph num="(2)"> <text>The website will be maintained jointly by:</text> <paragraph num="(a)"> <text>The Maryland Subcabinet for Public-Private Partnerships;</text> </paragraph> <paragraph num="(b)"> <text>The Department of Transportation; and</text> </paragraph> <paragraph num="(c)"> <text>The Department of General Services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The website may include:</text> <paragraph num="(a)"> <text>Key aspects and documents of all public-private partnerships undertaken by the State or a reporting agency;</text> </paragraph> <paragraph num="(b)"> <text>The pre-solicitation report of all future public-private partnerships, minus the information deemed confidential, proprietary, or otherwise exempt from disclosure, in accordance with 10A-201(c)(1)(v) of the State Finance and Procurement Article;</text> </paragraph> <paragraph num="(c)"> <text>Solicitation documents and the final public-private partnership agreement, minus the information deemed confidential, proprietary, or otherwise exempt from disclosure, in accordance with 10A-203(b)(1)(i) of the State Finance and Procurement Article;</text> </paragraph> <paragraph num="(d)"> <text>The contact information for the main public-private partnership point of contact for each reporting agency;</text> </paragraph> <paragraph num="(e)"> <text>Report of the Joint Legislative and Executive Commission on Public-Private Partnerships;</text> </paragraph> <paragraph num="(f)"> <text>Regulations relating to public-private partnerships for each of the reporting agencies;</text> </paragraph> <paragraph num="(g)"> <text>The process for submitting unsolicited proposals to the reporting agencies;</text> </paragraph> <paragraph num="(h)"> <text>Information regarding recent public-private partnership activities, forums, meetings, and initiatives throughout the State;</text> </paragraph> <paragraph num="(i)"> <text>Additional materials developed by the Maryland Subcabinet for Public Private Partnerships; and</text> </paragraph> <paragraph num="(j)"> <text>Details about each Reporting Agency’s pipeline of potential future public-private partnerships, including:</text> <paragraph num="(i)"> <text>Potential project delivery methods under consideration; and</text> </paragraph> <paragraph num="(ii)"> <text>Estimated pre-solicitation and solicitation schedules for each potential public-private partnership.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Public Private Processes.</text> <paragraph num="(1)"> <text>In accordance with the public-private partnership law, each reporting agency shall establish public-private partnership regulations for the development, solicitation, evaluation, award, and delivery of public-private partnerships.</text> </paragraph> <paragraph num="(2)"> <text>For the development of regulations, reporting agencies may:</text> <paragraph num="(a)"> <text>Use internal resources;</text> </paragraph> <paragraph num="(b)"> <text>Use the report of the Joint Legislative and Executive Commission on Public-Private Partnerships;</text> </paragraph> <paragraph num="(c)"> <text>Seek guidance from the Maryland Subcabinet for Public-Private Partnerships; or</text> </paragraph> <paragraph num="(d)"> <text>Seek guidance from experts in the field of public-private partnerships.</text> </paragraph> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 5, 2013</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".04" heading="Governor's Commission for Effective Community Inclusion of Individuals with Intellectual"> <paragraph num="A."> <text>There is a Maryland Commission for Effective Community Inclusion of Individuals with Intellectual and Developmental Disabilities.</text> </paragraph> <paragraph num="B."> <text>Membership. The Commission consists of the following voting members:</text> <paragraph num="(1)"> <text>One member appointed by the President of the Senate;</text> </paragraph> <paragraph num="(2)"> <text>One member appointed by the Speaker of the House of Delegates;</text> </paragraph> <paragraph num="(3)"> <text>The Secretary of the Department of Disabilities, or the Secretary’s designee;</text> </paragraph> <paragraph num="(4)"> <text>The Superintendent of the Maryland State Police, or the Superintendent’s designee;</text> </paragraph> <paragraph num="(5)"> <text>The Secretary of the Department of Health and Mental Hygiene, or the Secretary’s designee;</text> </paragraph> <paragraph num="(6)"> <text>The Executive Director of the Maryland Institute for Emergency Medical Services Systems, or the Executive Director’s designee;</text> </paragraph> <paragraph num="(7)"> <text>The Secretary of the Department of Juvenile Services, or the Secretary’s designee;</text> </paragraph> <paragraph num="(8)"> <text>The Secretary of the Department of Public Safety and Correctional Services, or the Secretary’s designee;</text> </paragraph> <paragraph num="(9)"> <text>The Executive Director of the Governor’s Office of Crime Control and Prevention, or the Executive Director’s designee;</text> </paragraph> <paragraph num="(10)"> <text>The Executive Director of the Police and Correctional Training Commissions, or the Executive Director’s designee;</text> </paragraph> <paragraph num="(11)"> <text>One representative from a State’s Attorney’s office;</text> </paragraph> <paragraph num="(12)"> <text>One representative from a city or county police department;</text> </paragraph> <paragraph num="(13)"> <text>One representative from a sheriff’s department;</text> </paragraph> <paragraph num="(14)"> <text>One representative of a Maryland organization that advocates for individuals with intellectual and developmental disabilities;</text> </paragraph> <paragraph num="(15)"> <text>One representative of a national organization that advocates for individuals with intellectual and developmental disabilities;</text> </paragraph> <paragraph num="(16)"> <text>One individual, a self-advocate, with an intellectual or developmental disability; and</text> </paragraph> <paragraph num="(17)"> <text>Up to five members, no more than three of whom shall be full-time State employees, as appointed by the Governor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The members identified in Sections B(11) through (17) shall be appointed by the Governor and shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="D."> <text>Members appointed by the Governor may serve up to two consecutive, three-year terms.</text> </paragraph> <paragraph num="E."> <text>The Governor shall designate the Chair from among the members.</text> </paragraph> <paragraph num="F."> <text>In the event of a vacancy on the Commission, the Governor shall appoint a successor to fill the remainder of the term.</text> </paragraph> <paragraph num="G."> <text>Procedures.</text> <paragraph num="(1)"> <text>Members of the Commission may not receive any compensation for their services but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> <paragraph num="(2)"> <text>The majority of voting members of the Commission shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(3)"> <text>The Commission may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees or task forces.</text> </paragraph> <paragraph num="(4)"> <text>The Chair may, with the consent of the Commission, designate additional individuals, including interested citizens, elected officials, educators, or specialists with relevant expertise, to serve on any committee or task force.</text> </paragraph> <paragraph num="(5)"> <text>The Commission may consult with State agencies to obtain such technical assistance and advice as it deems necessary to complete its duties. All Executive Department agencies shall cooperate with and assist the Commission in carrying out its responsibilities.</text> </paragraph> <paragraph num="(6)"> <text>The Commission shall meet at least four times per year.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Purposes. The Commission shall have the following objectives:</text> <paragraph num="(1)"> <text>Develop and issue recommendations about the types of policies, guidelines, or best practices that Maryland should adopt regarding law enforcement officials, paramedics, and other first responders’ responses to situations involving individuals with intellectual and developmental disabilities;</text> </paragraph> <paragraph num="(2)"> <text>Develop and issue recommendations about the types of statewide training standards that Maryland should adopt to educate individuals in positions of authority, particularly those in public sector positions such as law enforcement officials, paramedics, and other first responders, about the best approaches for safely managing situations involving individuals with intellectual and developmental disabilities. If appropriate, the recommendations should include the method by which the standards would be implemented;</text> </paragraph> <paragraph num="(3)"> <text>Develop a coordinated, collaborative, and comprehensive strategy for State and local officials, disability advocates, and other interested parties to ensure enhanced responses to situations involving individuals with intellectual and developmental disabilities;</text> </paragraph> <paragraph num="(4)"> <text>In developing the strategy in paragraph (3), consider all available types of assistance that would be helpful, including the expansion of Crisis Intervention Teams and Mobile Crisis Teams; and</text> </paragraph> <paragraph num="(5)"> <text>To consider other related matters as the Commission deems necessary.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Reports and Recommendations.</text> <paragraph num="(1)"> <text>The Commission shall issue an initial report addressing the purposes listed in Section H.</text> </paragraph> <paragraph num="(2)"> <text>The Commission may provide recommendations in the initial report as appropriate.</text> </paragraph> <paragraph num="(3)"> <text>The initial report on the work of the Commission shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Delegates, on January 9, 2014.</text> </paragraph> <paragraph num="(4)"> <text>The Commission shall issue an annual report addressing the purposes listed in Section H to the Governor, the President of the Senate, and the Speaker of the House of Delegates, on December 3rd of each year starting in 2014, and it may issue additional reports and recommendations as appropriate.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 17, 2013</annotation> </annotations> </regulation> </chapter> <chapter num="2014" heading=""> <regulation prefix="Executive Order" num=".13" heading="Commemoration of Cultural, Ethnic, and Religious Celebrations"> <paragraph num="A."> <text>There shall be a proclamation issued annually in commemoration of the following celebrations:</text> <paragraph num="(1)"> <text>American Indian Heritage Month, as provided in Maryland Code, General Provisions Article, § 7-506;</text> </paragraph> <paragraph num="(2)"> <text>Baisakhi;</text> </paragraph> <paragraph num="(3)"> <text>Black History Month, as provided in Maryland Code, General Provisions Article, § 7-501;</text> </paragraph> <paragraph num="(4)"> <text>Caribbean Heritage Month;</text> </paragraph> <paragraph num="(5)"> <text>Diwali;</text> </paragraph> <paragraph num="(6)"> <text>German-American Heritage Month, as provided in Maryland Code, General Provisions Article, § 7-505;</text> </paragraph> <paragraph num="(7)"> <text>Hanukkah;</text> </paragraph> <paragraph num="(8)"> <text>Iftar;</text> </paragraph> <paragraph num="(9)"> <text>Irish-American Heritage Month, as provided in Maryland Code, General Provisions Article, § 7-502;</text> </paragraph> <paragraph num="(10)"> <text>Hispanic Heritage Month, as provided in Maryland Code, General Provisions Article, § 7-504;</text> </paragraph> <paragraph num="(11)"> <text>Korean American Day;</text> </paragraph> <paragraph num="(12)"> <text>Lunar New Year, as provided in Maryland Code, General Provisions Article, § 7-401;</text> </paragraph> <paragraph num="(13)"> <text>Passover Seder;</text> </paragraph> <paragraph num="(14)"> <text>Women’s History Month, as provided in Maryland Code, General Provisions Article. § 7-503; and</text> </paragraph> <paragraph num="(15)"> <text>Any other religious or cultural celebration designated jointly in the future by the Secretary of State and the Governor’s Office of Community Initiatives.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Governor’s Office of Community Initiatives shall coordinate the issuance of proclamations within the scope of this Executive Order.</text> <paragraph num="(1)"> <text>A citizen or community group seeking the commemoration of an ethnic, cultural, or religious celebration not specified in paragraph A. may submit a request to the Governor’s Office of Community Initiatives for an additional proclamation.</text> </paragraph> <paragraph num="(2)"> <text>The Governor’s Office of Community Initiatives in conjunction with the Office of the Secretary of State shall determine whether such proclamation will be issued.</text> </paragraph> <paragraph num="(3)"> <text>After a proclamation has been issued, a copy of the proclamation shall be maintained in the Governor’s Office of Community Initiatives.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The proclamation shall be issued during the period or on the date on which the celebration is traditionally observed, either as provided in statute, or as determined by the Governor’s Office of Community Initiatives.</text> </paragraph> <paragraph num="D."> <text>The proclamation shall commend the celebration to all Maryland citizens.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 29, 2014</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".14" heading="Strengthening Climate Action in Maryland"> <text>(Rescinds Executive Order 01.01.2007.07)</text> <paragraph num="A."> <text>Commission Strengthened. To continue to advise the Governor and General Assembly on matters related to climate change, the Maryland Commission on Climate Change (the Commission) is modified and reinforced as indicated below.</text> </paragraph> <paragraph num="B."> <text>Membership. The Commission’s membership shall be expanded to extend the Commission’s reach and effectiveness. The Commission’s membership shall consist of no more than 25 members and include:</text> <paragraph num="(1)"> <text>One member appointed by the Speaker of the House of Delegates;</text> </paragraph> <paragraph num="(2)"> <text>One member appointed by the President of the Senate;</text> </paragraph> <paragraph num="(3)"> <text>The Treasurer of the State of Maryland;</text> </paragraph> <paragraph num="(4)"> <text>The Secretary of the Maryland Department of the Environment;</text> </paragraph> <paragraph num="(5)"> <text>The Secretary of the Department of Agriculture;</text> </paragraph> <paragraph num="(6)"> <text>The Secretary of the Department of Natural Resources;</text> </paragraph> <paragraph num="(7)"> <text>The Secretary of the Department of Planning;</text> </paragraph> <paragraph num="(8)"> <text>The State Superintendent of Schools;</text> </paragraph> <paragraph num="(9)"> <text>The Secretary of the Department of Transportation;</text> </paragraph> <paragraph num="(10)"> <text>The Secretary of the Department of General Services;</text> </paragraph> <paragraph num="(11)"> <text>The Director of the Maryland Energy Administration;</text> </paragraph> <paragraph num="(12)"> <text>The President of the University of Maryland’s Center for Environmental Science;</text> </paragraph> <paragraph num="(13)"> <text>At least two representatives from local governments;</text> </paragraph> <paragraph num="(14)"> <text>At least two representatives from the business community;</text> </paragraph> <paragraph num="(15)"> <text>At least two representatives from non-profit organizations; and</text> </paragraph> <paragraph num="(16)"> <text>No more than seven at large members appointed by the Governor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Terms. Members appointed by the Governor shall serve at the pleasure of the Governor for renewable, two-year terms.</text> </paragraph> <paragraph num="D."> <text>Chair. The Secretary of the Maryland Department of the Environment shall serve as Chair of the Commission.</text> </paragraph> <paragraph num="E."> <text>Commission Tasks. The Commission shall:</text> <paragraph num="(1)"> <text>Strengthen and maintain existing State action plans to further mitigate the causes and drivers of climate change, and address (prepare for and adapt to) the consequences of climate change.</text> </paragraph> <paragraph num="(2)"> <text>Reestablish Scientific and Technical, Greenhouse Gas (GHG) Mitigation, and Adaptation and Response Working Groups, and create other working groups as needed.</text> </paragraph> <paragraph num="(3)"> <text>Prioritize working group actions, including:</text> <paragraph num="(a)"> <text>Developing broader public/private and federal/State/local partnerships to better mitigate the causes and address the consequences of climate change, and to better communicate with and educate citizens about the urgency of the challenge and options to address it;</text> </paragraph> <paragraph num="(b)"> <text>Maintaining an inventory of Maryland’s GHG emission sources and sinks;</text> </paragraph> <paragraph num="(c)"> <text>Addressing the challenge that low income and otherwise vulnerable communities will likely be disproportionately impacted by climate change;</text> </paragraph> <paragraph num="(d)"> <text>Assessing the impacts that climate change will likely have on the State's economy, revenues, and investment decisions;</text> </paragraph> <paragraph num="(e)"> <text>Recommending short and longer-term strategies and initiatives to better mitigate the causes and address the consequences of climate change;</text> </paragraph> <paragraph num="(f)"> <text>Delivering tools and assistance to local governments to support community-scale climate vulnerability assessments and the development and integration of specific strategies for enhancing resilience to the impacts of climate change into local plans and ordinances;</text> </paragraph> <paragraph num="(g)"> <text>Establishing comprehensive and accountable, annual working group work plans that set annual goals and performance benchmarks, and prioritize new and existing climate change mitigation and adaptation actions and initiatives;</text> </paragraph> <paragraph num="(h)"> <text>Maintaining a comprehensive action plan, with five year benchmarks, to achieve science-based reductions in Maryland’s GHG emissions of 80% of 2006 levels by 2050; and</text> </paragraph> <paragraph num="(i)"> <text>Convening regular working group and full Commission meetings to ensure that sufficient progress is being made across all sectors and communities in Maryland.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Consider other related matters as the Commission deems necessary.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Appointments. The Chair of the Commission shall appoint working group and sub-committee members who represent both public and private interests in climate change, including but not limited to: academic institutions, renewable and traditional energy providers, environmental organizations, government representatives, labor organizations, and business interests. Working group and subcommittee members shall serve at the pleasure of the Commission Chair. G. Milestones.</text> <paragraph num="(1)"> <text>Within 30 days of the effective date of this Executive Order, the Commission shall be convened and working group members shall be appointed.</text> </paragraph> <paragraph num="(2)"> <text>Within 60 days of the effective date of this Executive Order, working groups shall meet and establish individual work plans.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Staff Coordination. The Departments of the Environment (MDE) and Natural Resources (DNR) shall jointly staff the Commission in coordination with other State agencies as directed by the Chair.</text> </paragraph> <paragraph num="I."> <text>Enhanced State Action. To address concerns related to climate change:</text> <paragraph num="(1)"> <text>All State agencies shall review State planning, regulatory and fiscal programs to identify and recommend actions to more fully integrate the consideration of Maryland’s GHG reduction goal and the impacts of climate change; including sea level rise, increased precipitation and temperature, and extreme weather. State agencies shall also identify and recommend specific policy, planning, regulatory and fiscal changes for existing programs that do not currently support the State’s GHG reduction efforts or address climate change impacts.</text> </paragraph> <paragraph num="(2)"> <text>GHG Reduction Plan agencies shall submit an annual program implementation status report to Maryland’s Commission on Climate Change and to the Governor, through MDE. The annual status report should include: program descriptions and objectives; implementation milestones; enhancement opportunities; funding or other challenges; and any other information that the reporting agency considers relevant. Status reports should include estimated GHG emission reductions, by program, for the prior calendar year.</text> </paragraph> <paragraph num="(3)"> <text>DNR shall issue Maryland Environmental Policy Act (MEPA) guidelines that require consideration of climate change factors, including both mitigation and adaptation.</text> </paragraph> <paragraph num="(4)"> <text>The Department of Information Technology (DoIT) shall create an online climate data and information portal to increase public access to the latest climate science, projections and technical resources.</text> </paragraph> <paragraph num="(5)"> <text>StateStat shall continue to monitor and further drive State agencies’ progress toward climate change mitigation and reduction goals through quarterly ClimateStat sessions.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Reporting. Maryland’s Commission on Climate Change shall report to the Governor and General Assembly on or before November 15 of each year, beginning with November 15, 2015, on the status of the State’s efforts to address the causes and consequences of climate change, including future plans and recommendations for legislation, if any, for consideration by the General Assembly.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 19, 2014</annotation> </annotations> </regulation> </chapter> <chapter num="2015" heading=""> <regulation prefix="Executive Order" num=".02" heading="State Fleet Goals for Zero-Emission Vehicles"> <paragraph num="A."> <text>State Leadership. The purpose of this Executive Order is to ensure that State agencies exercise leadership in the purchase and use of Zero-Emission Vehicles (ZEVs).</text> </paragraph> <paragraph num="B."> <text>Zero-Emission Vehicles Defined. For the purpose of this Executive Order, ZEVs shall mean plug-in hybrid electric vehicles, plug-in battery electric vehicles, hydrogen fuel cell vehicles and other low- and zero-emitting vehicles that meet California’s low emissions standards, as may, from time to time, be amended and incorporated by reference into Maryland regulations.</text> </paragraph> <paragraph num="C."> <text>Zero-Emission Vehicle State Fleet Goal.</text> <paragraph num="(1)"> <text>2025 Goal. Consistent with operational requirements, and the provisions and requirements of this Executive Order, State agencies shall increase the number of ZEVs in their fleets through the normal course of fleet replacement so that at least 25 percent of annual fleet purchases of light duty vehicles will be ZEVs by 2025.</text> </paragraph> <paragraph num="(2)"> <text>Milestones. To the greatest extent practicable, and consistent with operational requirements and the provisions and requirements of this Executive Order, State agencies shall increase the percentage of ZEVs in their fleets through the normal course of fleet replacement by three percent each year from FY 2016 through FY 2020 so that at least 15 percent of annual fleet purchases of light duty vehicles will be ZEVs by FY 2020.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Approval of Vehicle Specifications. The Department of Budget and Management shall, in consultation with the Maryland Energy Administration, the Department of the Environment, and the Department of Transportation, approve and annually update for State agencies, vehicle specifications in order to provide reasonable and practical options for the purchase of ZEVs.</text> </paragraph> <paragraph num="E."> <text>Vehicle Procurement and Fueling Infrastructure. The Department of General Services and the Department of Transportation shall procure approved ZEVs, electric vehicle charging equipment, and other necessary fueling infrastructure for ZEVs for State agency fleets.</text> </paragraph> <paragraph num="F."> <text>Reporting. The Department of Budget and Management and Department of Transportation shall annually submit a report to the Governor, Maryland Energy Administration, and the Department of the Environment summarizing the number and types of ZEVs purchased in the reporting fiscal year, the total number of ZEVs in the State vehicle fleet, the agencies to which the ZEVs have been assigned and the progress toward achieving the milestones and goals set forth in this Executive Order.</text> </paragraph> <paragraph num="G."> <text>Implementation of Executive Order. The Department of Budget and Management shall, in consultation with the Maryland Energy Administration, the Department of the Environment, the Department of Transportation, and the Department of General Services, be responsible for coordinating the requirements of this Executive Order and for informing and encouraging the University System of Maryland and county and local governments to join in purchasing ZEVs under the State contract.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 20, 2015</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".22" heading="The Department of Commerce"> <text>The Department of Business and Economic Development, which is scheduled to become known as the Department of Economic Competitiveness and Commerce effective October 1, 2015, will henceforth and for all time be known as and titled the Department of Commerce.</text> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 1, 2015</annotation> </annotations> </regulation> </chapter> <chapter num="2016" heading=""> <regulation prefix="Executive Order" num=".03" heading="Maryland Early Graduation Scholarship Program"> <paragraph num="A."> <text>Establishment. There is a Maryland Early Graduation Scholarship Program (Program).</text> </paragraph> <paragraph num="B."> <text>Administration. The Maryland Higher Education Commission (Commission) shall administer the Program and facilitate the disbursement of scholarship payments.</text> </paragraph> <paragraph num="C."> <text>Amount and Purpose of Scholarship. The amount of the Maryland Early Graduation Scholarship is up to Six Thousand Dollars ($6,000.00) and shall be used for tuition, room and board, books, and other purposes, all as approved by the Commission.</text> </paragraph> <paragraph num="D."> <text>Eligibility. Applicants for the Program must:</text> <paragraph num="(1)"> <text>Be a high school student enrolled in any of the twenty-four local public school systems in Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Participate in the alternative program leading to the grant of a high school diploma by the end of the eleventh grade as established in COMAR 13A.03.02.11;</text> </paragraph> <paragraph num="(3)"> <text>Secure acceptance to an institution of postsecondary education as defined under Section 10-101(i) of the Education Article of the Annotated Code of Maryland within six months of receipt of the high school diploma; and</text> </paragraph> <paragraph num="(4)"> <text>Apply to the Program in the manner specified by the Commission.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 27, 2016</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".07" heading="Governor’s Commission on Maryland Military Monuments"> <text>(Amends Executive Order 01.01.2011.06)</text> <paragraph num="A."> <text>There is a Governor’s Commission on Maryland Military Monuments (The Commission).</text> </paragraph> <paragraph num="B."> <text>Membership and Procedures.</text> <paragraph num="(1)"> <text>The Governor’s Commission consists of up to 17 members appointed by the Governor.</text> </paragraph> <paragraph num="(2)"> <text>To the extent practicable, membership shall represent the population and geographic diversity of the State.</text> </paragraph> <paragraph num="(3)"> <text>Two of the members shall be nominated by the Secretary of Planning, after consultation with the Director of the Maryland Historical Trust, and have knowledge in fields such as History, Conservation, Historic Preservation, or related disciplines.</text> </paragraph> <paragraph num="(4)"> <text>The term of a member is four years, and the Governor may reappoint a member for a second term at the end of the member's term; terms are to be staggered.</text> </paragraph> <paragraph num="(5)"> <text>The Chairperson shall be the Maryland Secretary of Planning, or the Secretary's designee.</text> </paragraph> <paragraph num="(6)"> <text>The Maryland Historical Trust shall staff and support the Commission.</text> </paragraph> <paragraph num="(7)"> <text>The Secretary of Planning may appoint subcommittees to carry out the work of the Commission.</text> </paragraph> <paragraph num="(8)"> <text>The Commission shall meet at least twice every calendar year.</text> </paragraph> <paragraph num="(9)"> <text>The Governor may remove any member of the Commission for any cause adversely affecting the member’s ability or willingness to perform his or her duties, including missing more than one of the Commission's annual meetings.</text> </paragraph> <paragraph num="(10)"> <text>The Secretary of Planning may remove any member of a subcommittee for any cause adversely affecting the member’s ability or willingness to perform his or her duties.</text> </paragraph> <paragraph num="(11)"> <text>In the event of a vacancy on the Commission, the Governor shall appoint a successor to fill the remainder of the term.</text> </paragraph> <paragraph num="(12)"> <text>In the event of a vacancy on a subcommittee, the Secretary of Planning may appoint a successor.</text> </paragraph> <paragraph num="(13)"> <text>A majority of the Commission shall constitute a quorum for the transaction of any Commission business. In any subcommittee, a majority shall constitute a quorum for the transaction of any subcommittee business. The Commission and the subcommittees may adopt such other procedures and bylaws necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(14)"> <text>The members of the Commission and the subcommittees may not receive compensation for their services.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Scope.</text> <paragraph num="(1)"> <text>The Commission shall undertake an inventory of Maryland military monuments, which shall include the following information:</text> <paragraph num="(a)"> <text>Name, date of construction, location and means of access, and the original sponsorship of each monument;</text> </paragraph> <paragraph num="(b)"> <text>Current ownership of each monument and of monument land;</text> </paragraph> <paragraph num="(c)"> <text>Complete description of each monument including construction materials, condition, theme, and inscriptions, if any; and</text> </paragraph> <paragraph num="(d)"> <text>Responsibility for maintenance of the monuments.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Commission shall make a determination, based on historical significance, design, financial need, and physical condition, as to which monument shall receive assistance with the cost of restoration.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall procure sufficient funds for the restoration of the monuments, including contributions secured from grants and fundraising efforts.</text> </paragraph> <paragraph num="(4)"> <text>The Commission shall prepare education and tourism materials for public distribution.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Grants and Fundraising.</text> <paragraph num="(1)"> <text>Contributions received by the Commission shall be deposited accordingly:</text> <paragraph num="(a)"> <text>All future funds and contributions will be deposited with the Maryland Historical Trust to be held in a special fund account for the purpose of administering and paying the expenses of the Commission; and</text> </paragraph> <paragraph num="(b)"> <text>The Maryland Veterans Trust will transfer funds previously contributed to the Commission totaling $5,937.00 to the Department of Planning on behalf of the Maryland Historical Trust to be held in a special fund account and used for Commission purposes.</text> </paragraph> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: June 13, 2016</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".12" heading="Council on Cancer Control"> <paragraph num="A."> <text>The Council. There is a State Council on Cancer Control.</text> <paragraph num="(1)"> <text>The Council shall consist of up to 25 voting members including:</text> <paragraph num="(a)"> <text>Eight Representatives of State agencies and institutions who are:</text> <paragraph num="(i)"> <text>The Secretary of the Department of Health and Mental Hygiene, or a designee;</text> </paragraph> <paragraph num="(ii)"> <text>The Secretary of the Department of the Environment, or a designee;</text> </paragraph> <paragraph num="(iii)"> <text>The President of the University of Maryland, Baltimore, or a designee;</text> </paragraph> <paragraph num="(iv)"> <text>The Chief Executive Officer of Johns Hopkins Medicine, or a designee;</text> </paragraph> <paragraph num="(v)"> <text>The Director of the Marlene & Stewart Greenebaum Comprehensive Cancer Center, University of Maryland Medical System, or a designee;</text> </paragraph> <paragraph num="(vi)"> <text>The Director of the Sidney Kimmel Comprehensive Cancer Center of the Johns Hopkins Health System, or a designee;</text> </paragraph> <paragraph num="(vii)"> <text>A local health officer designated by the Secretary of the Department of Health and Mental Hygiene;</text> </paragraph> <paragraph num="(viii)"> <text>A representative of the Maryland Chapter of the American Cancer Society, designated by the Society; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Up to 15 members appointed by the Governor to represent the general public, the business community and health and scientific disciplines, cancer survivors and others concerned with cancer prevention and control. To the extent possible, members appointed from the general public should reflect the population and geographic diversity of the State.</text> </paragraph> <paragraph num="(c)"> <text>Two representatives of the Maryland General Assembly including:</text> <paragraph num="(i)"> <text>One member of the Senate of Maryland, appointed by the President of the Senate; and</text> </paragraph> <paragraph num="(ii)"> <text>One member of the House of Delegates, appointed by the Speaker of the House.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Council may invite experts to participate in its research and development activities, who shall be non-voting members of the Council.</text> </paragraph> <paragraph num="(3)"> <text>The Governor shall select the chairperson of the Council.</text> </paragraph> <paragraph num="(4)"> <text>The Governor may remove any member of the Council for failure to perform his or her duties.</text> </paragraph> <paragraph num="(5)"> <text>Members appointed by the Governor pursuant to §B)(1)(b) of this Executive Order may serve up to 2 consecutive 3-year terms. In case of a vacancy in a position appointed by the Governor, the Governor shall appoint a successor for the remainder of the unexpired term. All other members of the Council shall serve for so long as they hold the office, designation or appointment stipulated under the provisions of §(B)(1)(a) or §(B)(1)(c) of this Executive Order.</text> </paragraph> <paragraph num="(6)"> <text>A majority of the Council shall constitute a quorum for the transaction of any business. The Council may adopt any other procedures necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(7)"> <text>The members of the Council may not receive any compensation for their services. The public members may be reimbursed for their reasonable expenses incurred in the performance of duties, in accordance with the standard travel regulations, and as provided in the State budget.</text> </paragraph> <paragraph num="(8)"> <text>The Department of Health and Mental Hygiene shall provide the Council with necessary staff and resources.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Scope of the Council.</text> <paragraph num="(1)"> <text>The Council may:</text> <paragraph num="(a)"> <text>Educate and advise government officials, public and private organizations and the general public on existing and possible policies, programs and innovations to reduce and control cancer incidence and mortality among Marylanders, as described in the Maryland Comprehensive Cancer Control Plan:</text> </paragraph> <paragraph num="(b)"> <text>In cooperation with Federal, State, and local governments, private organizations and academia, promote and coordinate unified programs that identify and address the cancer care needs of Marylanders, such as public and private partnerships, to improve access to prevention, screening and treatment services;</text> </paragraph> <paragraph num="(c)"> <text>Review existing and proposed cancer programs in the public and private sectors to assure proper allocation of State resources;</text> </paragraph> <paragraph num="(d)"> <text>Promote and offer guidance on the use of the Maryland Cancer Registry as a tool for research, planning, evaluation and targeting of cancer control programs;</text> </paragraph> <paragraph num="(e)"> <text>Further the development of the Maryland Cancer Registry through the Cancer Registry Advisory Committee; and</text> </paragraph> <paragraph num="(f)"> <text>Recommend to the Governor a Chairperson for the Cancer Registry Advisory Committee from the Council’s health and scientific discipline representatives.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Reports. The Council shall submit an annual report of its activities to the Governor, which includes recommendations for future efforts based on the Council’s work. The Annual Report shall be submitted by January 31 of each year.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: September 15, 2016</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".13" heading="Starting the Public School Year after Labor Day"> <text>(Amends Executive Order 01.01.2016.09)</text> <paragraph num="A."> <text>That all Kindergarten through 12th grade public schools in the State of Maryland (Public Schools), through the local boards of education, shall open for pupil attendance no earlier than the Tuesday immediately following the nationally-observed Labor Day holiday.</text> </paragraph> <paragraph num="B."> <text>That classes shall conclude and the school year for every public school in Maryland shall adjourn no later than June 15, with the exception being summer school classes offered by school districts throughout the State.</text> </paragraph> <paragraph num="C."> <text>That each local board of education shall retain full responsibility for establishing its annual academic calendar and, therefore, shall have the necessary latitude to determine how best to comply with the provisions of this Executive Order along with State and local laws.</text> </paragraph> <paragraph num="D."> <text>That the requirements of this Executive Order do not apply to the operation of year-round schools as allowed under §7-103(e) of the Education Article of the Maryland Code.</text> </paragraph> <paragraph num="E."> <text>That the requirements of this Executive Order do not apply to the timing of sports seasons as set forth in COMAR 13A.06.03.03.</text> </paragraph> <paragraph num="F."> <text>Students with disabilities, subject to an existing individualized education program that has identified the student's final year of school as the 2017-2018 school year, shall remain eligible for the 2017-2018 school year if their 20th birthday occurred on or after the first day of the academic calendar in their jurisdiction for the 2016-2017 school year.</text> </paragraph> <paragraph num="G."> <text>That a local board of education may apply to the State Board of Education annually for a waiver of the requirements of this Executive Order. A waiver shall only be granted after the local board of education satisfies the procedural requirements set forth in Section(1)(b) below and clearly establishes all of the elements of one of the compelling justifications set forth in Section (2) below.</text> <paragraph num="(1)"> <text>Application for Waiver.</text> <paragraph num="(a)"> <text>A local board of education may submit a written application for a waiver from the requirement to begin classes no sooner than the Tuesday following the nationally-observed Labor Day holiday or ending classes no later than June 15th based upon a compelling justification as defined herein.</text> </paragraph> <paragraph num="(b)"> <text>A waiver application shall include:</text> <paragraph num="(i)"> <text>A detailed petition and supporting documentation clearly establishing that all of the elements of one of the below compelling justifications for starting the school year prior to Labor Day or ending classes after June 15th have been met;</text> </paragraph> <paragraph num="(ii)"> <text>A certification that the local school board has conducted at least one public meeting at which the waiver application was considered and approved, together with minutes of all such meetings; and</text> </paragraph> <paragraph num="(iii)"> <text>Any additional information that the State Board of Education requests in order to comply with the requirements of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The timelines for applications for a waiver shall be established by the State Board of Education.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For the purpose of this Executive Order, “Compelling Justification” means only:</text> <paragraph num="(a)"> <text>Adoption of Innovative Schedule. A local board of education proposes an innovative school schedule for certain low-performing or at risk public schools, as encouraged in §7-103.1 of the Education Article of the Maryland Code, which requires an opening date before Labor Day or ending classes after June 15th;</text> </paragraph> <paragraph num="(b)"> <text>Charter Schools. A local board of education proposes an innovative school schedule for a charter school that requires an opening date before Labor Day or ending classes after June 15th; or</text> </paragraph> <paragraph num="(c)"> <text>Emergency School Closings. Local school districts have closed 10 days per year during any 2 of the last 5 years because of natural disasters, civil disasters, or severe weather conditions.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Any waiver granted by the State Board of Education pursuant to Sections (2)(a) or (2)(b) shall only apply to those schools where such innovative school schedules are offered.</text> </paragraph> <paragraph num="(4)"> <text>Any waiver granted by the State Board of Education shall be for only one school year.</text> </paragraph> </paragraph> <paragraph num="H."> <text>That this Executive Order applies to future school years, including and after 2017-2018.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: October 11, 2016</annotation> </annotations> </regulation> </chapter> <chapter num="2017" heading=""> <regulation prefix="Executive Order" num=".09" heading="Sensible Paid Leave in the Executive Branch of State Government"> <paragraph num="A."> <text>The following terms shall have the meanings indicated:</text> <paragraph num="a."> <text>“Paid leave” means:</text> <paragraph num="i."> <text>personal leave with pay that may be used for any purpose; and</text> </paragraph> <paragraph num="ii."> <text>is provided pursuant to this Order.</text> </paragraph> </paragraph> <paragraph num="b."> <text>“Temporary employee”:</text> <paragraph num="i."> <text>Except for employees of the Maryland Department of Transportation, includes a temporary employee as designated by Section 1-101 of the State Personnel and Pensions Article of the Code of Maryland.</text> </paragraph> <paragraph num="ii."> <text>For employees of the Maryland Department of Transportation, includes both:</text> <paragraph num="1."> <text>employees hired for a specific period not to exceed 12 months or the limits established by a special employment program; and</text> </paragraph> <paragraph num="2."> <text>employees whose conditions of employment and compensation are specified in personal services contracts.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>This Order applies to all temporary employees of the Executive Branch’s principal departments, except those who:</text> <paragraph num="a."> <text>Regularly work less than 30 hours a week;</text> </paragraph> <paragraph num="b."> <text>Are employed for less than 120 days during a 12-month period; or</text> </paragraph> <paragraph num="c."> <text>Are covered by a bona fide collective bargaining agreement.</text> </paragraph> </paragraph> <paragraph num="C."> <text>This Order may not be construed to:</text> <paragraph num="a."> <text>Require a temporary employee to be compensated for unused paid leave upon or after completing his or her employment;</text> </paragraph> <paragraph num="b."> <text>Preempt, limit, or otherwise affect any workers’ compensations benefits that may be available to the temporary employee;</text> </paragraph> <paragraph num="c."> <text>Affect the paid leave or benefits provided to State employees, other than temporary employees, pursuant to Title 9 of the State Personnel and Pensions Article of the Code of Maryland, Section 2-103.4 of the Transportation Article of the Maryland Code, or any regulations authorized by those statutes; or</text> </paragraph> <paragraph num="d."> <text>Otherwise diminish or infringe upon any rights, responsibilities, powers, or duties conferred by the Constitution of the State of Maryland or the Laws of Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Provision of Paid Leave.</text> <paragraph num="a."> <text>Temporary employees shall receive paid leave at the same wage rate as the temporary employee normally earns.</text> </paragraph> <paragraph num="b."> <text>After a temporary employee has worked 120 days in a 12 month period, paid leave shall accrue at a rate of one hour for every 30 hours worked, not to exceed 40 hours of paid leave per calendar year.</text> </paragraph> <paragraph num="c."> <text>Paid leave shall begin to accrue on and after July 1, 2017, for all temporary employees otherwise qualified to receive it.</text> </paragraph> <paragraph num="d."> <text>Formal approval shall not be required before a temporary employee’s use of paid leave.</text> </paragraph> <paragraph num="e."> <text>A temporary employee may use only paid leave that has been accrued.</text> </paragraph> <paragraph num="f."> <text>If a temporary employee has unused paid leave at the end of a calendar year, the temporary employee may carry, up to a total of 40 hours, the balance of the paid leave into the following year.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Department of Budget and Management and Maryland Department of Transportation shall, for the temporary employees within their respective authorities and management systems, administer this Order, and shall have the power, to the fullest extent permitted by law, to:</text> <paragraph num="a."> <text>Make determinations regarding the receipt and use of paid leave;</text> </paragraph> <paragraph num="b."> <text>Resolve other issues that may arise pursuant to this Order; and</text> </paragraph> <paragraph num="c."> <text>Promulgate such guidelines and establish such procedures as may be necessary for the proper implementation of this Order.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Grievance Procedures. The Secretary of Budget and Management and Secretary of Transportation shall, for the temporary employees within their respective authorities and management systems, provide grievance procedures for temporary employees who dispute their receipt or use of paid leave pursuant to this Order.</text> </paragraph> <paragraph num="G."> <text>This Order may be revoked or amended by the Governor at any time.</text> </paragraph> <paragraph num="H."> <text>In the event that a challenge to any provision of this Order results in a judicial determination that such provision is contrary to law, such provision shall be deemed separable from all other provisions of this Order.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 25, 2017</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".11" heading="Renewal of Executive Order 01.01.2017.02 Regarding the Heroin, Opioid, and Fentanyl Overdose Crisis Declaration of Emergency"> <text>In response to this public health emergency, the following measures are enacted:</text> <paragraph num="A."> <text>The Governor will assign an individual in the Executive Branch to the Maryland Emergency Management Agency who will be designated to administer the Governor’s authority under the Maryland Emergency Management Agency Act and operationally address the heroin, opioid, and fentanyl overdose crisis (the “Crisis”), including:</text> <paragraph num="(1)"> <text>Directing the Maryland Emergency Management Agency, the Maryland State Police, the Maryland Department of Health and Mental Hygiene, the Governor’s Office of Crime Control and Prevention, and/or any other appropriate State agency or unit, including the Heroin and Opioid Emergency Task Force, the Interagency Heroin and Opioid Coordination Council, and the Opioid Operational Command Center, to assist, engage, deploy, and coordinate available resources to address the Crisis;</text> </paragraph> <paragraph num="(2)"> <text>Coordinating the preparation of plans, programs, and infrastructure for emergency management operations of the local political subdivisions of the State, employing their social service, law enforcement, and public health functions;</text> </paragraph> <paragraph num="(3)"> <text>Instituting public information and awareness programs;</text> </paragraph> <paragraph num="(4)"> <text>Authorizing the procurement of supplies and equipment necessary to control and eliminate the Crisis; and</text> </paragraph> <paragraph num="(5)"> <text>Taking other necessary steps to address this emergency.</text> </paragraph> </paragraph> <paragraph num="B."> <text>This declaration shall be effective immediately, shall continue for thirty (30) days, and shall expire on March 31, 2017, unless sooner terminated or extended in writing by me.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 30, 2017</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".13" heading="Waste Reduction and Resource Recovery Plan for Maryland"> <text>(Rescinds Executive Order 01.01.2015.01)</text> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Department” means the Maryland Department of the Environment.</text> </paragraph> <paragraph num="(2)"> <text>“Source reduction” means the prevention of waste through changes in the way products are designed, manufactured, packaged, purchased, and used.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Sustainable Materials Management Policy. It is the policy of the State that solid waste and recycling planning should, to the extent practicable, seek to:</text> <paragraph num="(1)"> <text>Minimize the environmental impacts of materials management over their entire life cycles, including from product design to production, consumption, and end-of-life management;</text> </paragraph> <paragraph num="(2)"> <text>Conserve and extend existing in-State disposal capacity through source reduction, reuse, and recycling;</text> </paragraph> <paragraph num="(3)"> <text>Capture and make optimal use of recovered resources, including raw materials, water, energy, and nutrients; and</text> </paragraph> <paragraph num="(4)"> <text>Work toward a system of materials management that is both environmentally and economically sustainable in the long term.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Goals and Measurement.</text> <paragraph num="(1)"> <text>Stakeholder Consultation. The Department shall consult with relevant stakeholders to assess and improve the State’s methodology for tracking waste generation, recycling, and source reduction in Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Following stakeholder consultation, the Department shall:</text> <paragraph num="(a)"> <text>Recommend to the Governor a method of obtaining business source reduction and recycling data;</text> </paragraph> <paragraph num="(b)"> <text>Establish an improved method of quantifying and tracking the statewide recycling and source reduction rates; and</text> </paragraph> <paragraph num="(c)"> <text>Establish voluntary statewide goals to encourage continuous improvement of sustainable materials management</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Building Partnerships for Sustainable Materials Management. In order to work toward the recycling and source reduction goals established herein, the Department shall pursue the following partnerships.</text> <paragraph num="(1)"> <text>The Department and the Maryland Department of Commerce shall work in cooperation with local economic development agencies to identify local markets for recycled materials and provide siting, permitting, and technical assistance for innovative recycling and resource recovery businesses.</text> </paragraph> <paragraph num="(2)"> <text>The Department shall work with the Maryland Department of Agriculture to support research and demonstration of innovative technologies for recovering nutrient resources in a manner protective of water quality.</text> </paragraph> <paragraph num="(3)"> <text>The Department shall work with the Maryland Energy Administration to research and promote methods of recovering energy from waste, including anaerobic digestion.</text> </paragraph> <paragraph num="(4)"> <text>The Department shall work with the Maryland Department of Transportation Port Administration to develop technical screening criteria and guidance to support innovative reuse and beneficial uses of dredged material removed from the Port of Baltimore’s shipping channels. State agencies shall consider innovative reuse and beneficial uses of dredged material when economically feasible and in conformance with all appropriate environmental standards.</text> </paragraph> <paragraph num="(5)"> <text>Targeted Outreach Partnerships.</text> <paragraph num="(a)"> <text>Based on the results of the statewide waste sort study, the Department shall identify key recyclable materials that continue to be disposed in significant quantities in Maryland.</text> </paragraph> <paragraph num="(b)"> <text>The Department shall seek opportunities to pool resources among producers of products, State and local government agencies, and environmental education organizations to conduct targeted outreach campaigns to reduce disposal for each of the key materials identified.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>This Executive Order rescinds Executive Order 01.01.2015.01.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: June 27, 2017</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".14" heading="Office of Rural Broadband"> <paragraph num="I."> <text>Establishment.</text> <paragraph num="A."> <text>There is an Office of Rural Broadband (the “Office”) in the Department of Information Technology.</text> </paragraph> <paragraph num="B."> <text>The administrator of the Office shall be a Rural Broadband Director (“Director”) designated by the Governor and who shall serve at the pleasure of the Governor.</text> </paragraph> </paragraph> <paragraph num="II."> <text>Duties.</text> <paragraph num="A."> <text>The Office shall:</text> <paragraph num="1."> <text>Assist and support local Maryland jurisdictions in their improvement of access to high speed internet;</text> </paragraph> <paragraph num="2."> <text>Identify and coordinate the delivery of resources to local Maryland jurisdictions for the improvement of access to high speed internet, including identification of sources of funds, such as federal funding, that can be used to expand access to high speed internet, and assist those jurisdictions in applying to receive those funds;</text> </paragraph> <paragraph num="3."> <text>Work with local jurisdictions and economic-development organizations to identify areas with a demand for better internet service;</text> </paragraph> <paragraph num="4."> <text>Identify opportunities for productive partnerships, including public-private partnerships, that enable sharing of resources and further the goal of expanding access to high speed internet;</text> </paragraph> <paragraph num="5."> <text>Oversee projects that increase the availability of high speed internet service, including a demonstration project in Western Maryland and a demonstration project on the Eastern Shore, both of which will be completed by April 2018;</text> </paragraph> <paragraph num="6."> <text>Investigate and identify new technologies that would increase the availability of high speed internet service in Maryland;</text> </paragraph> <paragraph num="7."> <text>Collect, analyze, and share data relevant to increasing the availability of high speed internet service in Maryland;</text> </paragraph> <paragraph num="8."> <text>Develop recommendations for policy, regulations, or legislation to facilitate increased availability of high speed internet access in Maryland, as well as strategies for implementing those recommendations;</text> </paragraph> <paragraph num="9."> <text>Support and complement the assessments, evaluations, studies, and other work of the Task Force on Rural Internet, Broadband, Wireless, and Cellular Service and act consistently with the goals and purposes of the Connecting Rural Maryland Act of 2017;</text> </paragraph> <paragraph num="10."> <text>In the performance of these duties, coordinate with:</text> <paragraph num="(a)"> <text>the following executive departments (the “Lead Agencies”):</text> <paragraph num="1)"> <text>The Department of Information Technology;</text> </paragraph> <paragraph num="2)"> <text>The Maryland Department of Housing and Community Development;</text> </paragraph> <paragraph num="3)"> <text>The Maryland Department of Commerce;</text> </paragraph> <paragraph num="4)"> <text>The Maryland Department of Transportation; and</text> </paragraph> <paragraph num="5)"> <text>The Maryland Department of Planning; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>the following stakeholders:</text> <paragraph num="1)"> <text>County and municipal information technology officials;</text> </paragraph> <paragraph num="2)"> <text>The Maryland Broadband Cooperative;</text> </paragraph> <paragraph num="3)"> <text>The Rural Maryland Council;</text> </paragraph> <paragraph num="4)"> <text>Mid-Shore Regional Council;</text> </paragraph> <paragraph num="5)"> <text>Tri-County Council for the Lower Eastern Shore of Maryland;</text> </paragraph> <paragraph num="6)"> <text>Upper Shore Regional Council;</text> </paragraph> <paragraph num="7)"> <text>Tri-County Council for Southern Maryland;</text> </paragraph> <paragraph num="8)"> <text>Tri-County Council for Western Maryland;</text> </paragraph> <paragraph num="9)"> <text>Appalachian Regional Commission; and</text> </paragraph> <paragraph num="10)"> <text>Any other such stakeholders that the Director deems appropriate and invites to participate; and</text> </paragraph> </paragraph> </paragraph> <paragraph num="11."> <text>Submit an annual report to the Governor on the progress of the State’s efforts to increase access to high speed internet and containing any relevant recommendations.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each Lead Agency shall:</text> <paragraph num="1."> <text>Identify and coordinate resources and technology that can be used by local jurisdictions to increase the availability of high speed internet for their residents;</text> </paragraph> <paragraph num="2."> <text>To the maximum extent permitted by law, share with one another, the Office, and local jurisdictions data relevant to increasing the availability of high speed internet for Maryland citizens; and</text> </paragraph> <paragraph num="3."> <text>Update the Director within 45 days of the date of this Executive Order, and biannually thereafter, on its efforts to identify and coordinate resources and technology, and share data.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Designated agency liaisons. Each of the Lead Agencies shall designate an official liaison to assist and collaborate with the Director and Office in the fulfillment of the goals of this Executive Order.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: June 27, 2017</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".17" heading="Back River Midge Reduction"> <paragraph num="A."> <text>The Department of Agriculture (the “Department”), in consultation with the Department of Natural Resources, may use the services of a third-party vendor to disseminate, place, or spread Bti in areas of the Back River that have been identified as “hot spots” for midges.</text> </paragraph> <paragraph num="B."> <text>In accordance with applicable budgetary and procurement laws, the Department may, to eradicate the infestation of midges on the Back River, expend general funds of the State, funds appropriated in the State budget, or funds otherwise available for use in controlling insects that are a menace to the welfare of the people of the State.</text> </paragraph> <paragraph num="C."> <text>In accordance with applicable budgetary and procurement laws, the Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for the retardation, eradication, elimination, or destruction of the infestation of midges on the Back River.</text> </paragraph> <paragraph num="D."> <text>Work to eradicate the infestation of midges on the Back River may be executed by the Department by contract or open account, as is deemed in the State’s best interest.</text> </paragraph> <paragraph num="E."> <text>To eradicate the infestation of midges on the Back River, the Department may enter any public or private land or property, vehicle, vessel, or aircraft in the State.</text> </paragraph> <paragraph num="F."> <text>The Department shall, in conjunction with the Department of Natural Resources, review the effectiveness of the efforts to eradicate the infestation of midges on the Back River.</text> </paragraph> <paragraph num="G."> <text>The Department shall cooperate with agencies of the United States, other State agencies, and other persons in carrying out the eradication of the infestation of midges on the Back River.</text> </paragraph> <paragraph num="H."> <text>The Department may, in conjunction with the Department of Natural Resources, adopt any regulations desirable to carry out the eradication of the infestation of midges on the Back River.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 10, 2017</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".23" heading="Maryland Disability Employment Awareness Month"> <text>(Rescinds Executive Order 01.01.2009.10)</text> <paragraph num="(1)"> <text>Each State department, board, agency, authority, board, or instrumentality controlled by the Governor (an “Executive unit”) shall annually observe October as Disability Employment Awareness Month to celebrate the many and varied contributions of people with disabilities.</text> </paragraph> <paragraph num="(2)"> <text>The Department of Disabilities, throughout the year, but with special emphasis during Disability Employment Awareness Month, shall:</text> <paragraph num="a."> <text>Reinforce the value and talents people with disabilities add to Maryland’s workplaces and communities;</text> </paragraph> <paragraph num="b."> <text>Affirm Maryland’s commitment to an inclusive community;</text> </paragraph> <paragraph num="c."> <text>Enhance Maryland’s stature as a national leader in disability employment policy and practice.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Department of Disabilities’ efforts shall include:</text> <paragraph num="a."> <text>Increasing public awareness of:</text> <paragraph num="1."> <text>How the many skills and talents of Marylanders with disabilities benefit Maryland businesses;</text> </paragraph> <paragraph num="2."> <text>The barriers Marylanders with disabilities face in obtaining employment;</text> </paragraph> <paragraph num="3."> <text>The untapped potential of job seekers with disabilities; and</text> </paragraph> <paragraph num="4."> <text>The potential for those with disabilities to obtain economic independence by becoming self-employed and to contribute to the State’s economy as business owners and employers;</text> </paragraph> </paragraph> <paragraph num="b."> <text>Research and development of best practices, and ongoing collaboration with other State units, to achieve inclusive, competitive, integrated employment for Marylanders with disabilities by connecting them with employers and expanding knowledge and opportunities for self-employment;</text> </paragraph> <paragraph num="c."> <text>Coordinating the development and maintenance of a digital resource guide for State units and local jurisdictions that details best practices to increase employment, retention, self-employment, and business ownership of those with disabilities;</text> </paragraph> <paragraph num="d."> <text>Support for events, including those sponsored by other State units, local governments, or private or nongovernmental organizations, that highlight how businesses benefit from the skills and talents of individuals with disabilities; and</text> </paragraph> <paragraph num="e."> <text>Provision of related information and assistance to other Executive units, the Maryland State Department of Education, the University System of Maryland, Morgan State University, Saint Mary’s College of Maryland, public community colleges, and local governments.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>To promote individuals with disabilities’ access to technology, the Department of Disabilities shall:</text> <paragraph num="a."> <text>Hold special events, including those advancing assistive technology that expands employment in community integrated settings; and</text> </paragraph> <paragraph num="b."> <text>Recommend the designation of a State agency, entity, or staff person to:</text> <paragraph num="1."> <text>Provide accessibility technical assistance during State procurement processes; and</text> </paragraph> <paragraph num="2."> <text>Address any accessibility concerns of State employees.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Executive units shall otherwise encourage the citizens they serve to, throughout the year, participate in and promote events celebrating the rights, skills, and talents of those with disabilities.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 10, 2017</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".25" heading="Prohibiting Discriminatory Boycotts of Israel in State Procurement"> <paragraph num="A."> <text>The following words have the meanings indicated:</text> <paragraph num="1."> <text>“Boycott of Israel” means the termination of or refusal to transact business activities, or other actions intended to limit commercial relations, with a person or entity because of its Israeli national origin, or residence or incorporation in Israel and its territories. “Boycott of Israel” does not include actions taken:</text> <paragraph num="i."> <text>that are not commercial in nature;</text> </paragraph> <paragraph num="ii."> <text>for business or economic reasons;</text> </paragraph> <paragraph num="iii."> <text>because of the specific conduct of the person or entity;</text> </paragraph> <paragraph num="iv."> <text>against a public or governmental entity; or</text> </paragraph> <paragraph num="v."> <text>that are forbidden by the United States pursuant to 50 U.S.C. § 4607.</text> </paragraph> </paragraph> <paragraph num="2."> <text>“Business entity” means any receiver, trustee, guardian, representative, fiduciary, partnership, firm, association, corporation, sole proprietorship, or company, including any bank, credit union, broker, developer, consultant, contractor, supplier, or vendor, individually or in any combination, that has submitted a bid or proposal for, has been selected to engage in, or is engaged in providing goods or services to the State.</text> </paragraph> <paragraph num="3."> <text>“Commercial relations” means a business entity’s conduct of business, and the terms and conditions by which business is transacted, with a vendor, supplier, subcontractor, or other business entity.</text> </paragraph> <paragraph num="4."> <text>“Contract” means an agreement by or on behalf of the State for a business entity to sell or lease supplies or goods, or to provide services, to the State in return for a fee, or any other form of compensation to be paid or provided by the State.</text> </paragraph> <paragraph num="5."> <text>“Executive agency” means a State department, agency, authority, board, or instrumentality that is controlled by the Governor.</text> </paragraph> <paragraph num="6."> <text>“Services” includes construction, real-estate development, financial management, insurance, and professional support.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Executive agencies may not execute a procurement contract with a business entity unless it certifies, in writing when the bid is submitted or the contract is renewed, that:</text> <paragraph num="1."> <text>It is not engaging in a boycott of Israel; and</text> </paragraph> <paragraph num="2."> <text>It will, for the duration of its contractual obligations, refrain from a boycott of Israel.</text> </paragraph> </paragraph> <paragraph num="C."> <text>All requests for bids or proposals issued for contracts with Executive agencies shall include the text of the following certification to be completed by the bidder: “The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The bidder also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bids for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.”</text> </paragraph> <paragraph num="D."> <text>All Executive agencies shall implement this Executive Order in a manner consistent with the important public policy favoring advancement of women- and minority-owned businesses as set forth in Title 14, Subtitle 3, of the State Finance & Procurement Article of the Code of Maryland and related regulations.</text> </paragraph> <paragraph num="E."> <text>All Executive agencies shall implement this Executive Order in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding. F. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 23, 2017</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".30" heading="Governor's Council on Gangs and Violent Criminal Networks"> <paragraph num="A."> <text>Governor’s Council on Gangs and Violent Criminal Networks.</text> <paragraph num="(1)"> <text>There is a Governor’s Council on Gangs and Violent Criminal Networks.</text> </paragraph> <paragraph num="(2)"> <text>The Council consists of the following members:</text> <paragraph num="(a)"> <text>six State’s Attorneys, appointed by the Governor;</text> </paragraph> <paragraph num="(b)"> <text>the Governor or the Governor’s designee;</text> </paragraph> <paragraph num="(c)"> <text>the Secretary of the Maryland State Police;</text> </paragraph> <paragraph num="(d)"> <text>the Secretary of the Department of Public Safety & Correctional Services;</text> </paragraph> <paragraph num="(e)"> <text>two police chiefs of a county or Baltimore City, appointed by the Governor;</text> </paragraph> <paragraph num="(f)"> <text>the police chief of a municipal police department, appointed by the Governor;</text> </paragraph> <paragraph num="(g)"> <text>two sheriffs, appointed by the Governor; and</text> </paragraph> <paragraph num="(h)"> <text>the U.S. Attorney for the District of Maryland.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>To the extent practicable, in making appointments the Governor shall ensure geographic diversity among the membership of the Council.</text> </paragraph> <paragraph num="(4)"> <paragraph num="(a)"> <text>The appointed members shall serve terms of two years.</text> </paragraph> <paragraph num="(b)"> <text>The terms of the initial appointed members shall expire as follows:</text> <paragraph num="(i)"> <text>five members on December 31, 2018; and</text> </paragraph> <paragraph num="(ii)"> <text>six members on December 31, 2019.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>An appointed member is eligible for reappointment.</text> </paragraph> <paragraph num="(d)"> <text>At the end of a term, an appointed member continues to serve until the member is reappointed or a successor is appointed.</text> </paragraph> <paragraph num="(e)"> <text>A member who is appointed or reappointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.</text> </paragraph> <paragraph num="(f)"> <text>Any member appointed to the Council by the Governor shall serve on the Council at the Governor’s pleasure.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Governor shall appoint a Chair, who shall serve for one year, or until the Governor appoints a successor, whichever is later.</text> </paragraph> <paragraph num="(6)"> <paragraph num="(a)"> <text>A quorum of the Council consists of five members.</text> </paragraph> <paragraph num="(b)"> <text>The Council shall meet at least four times a year.</text> </paragraph> <paragraph num="(c)"> <text>A member of the Council:</text> <paragraph num="(i)"> <text>may not receive compensation for service on the Council; but</text> </paragraph> <paragraph num="(ii)"> <text>is entitled to reimbursement for expenses under the standard State travel regulations, as provided in the State budget.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(7)"> <text>The Council shall:</text> <paragraph num="(a)"> <text>provide leadership, policy oversight and the coordination of operational strategies to collect and share relevant data related to violent crime and victimization; and</text> </paragraph> <paragraph num="(b)"> <text>provide support and assistance to programs and entities focused on identifying, disrupting and dismantling gangs and violent criminal networks through collaboration and comprehensive data sharing, both locally and statewide, with the ultimate goal of providing the information necessary to prosecutors for the development of gang-related and racketeer influenced and corrupt organizations charges;</text> </paragraph> <paragraph num="(c)"> <text>establish performance measures for successful data sharing and reporting for producing measurable results.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>On or before November 1, 2018, and annually thereafter, the Council shall report to the Governor.</text> </paragraph> <paragraph num="(9)"> <text>The Governor’s Office of Crime Control and Prevention shall provide staff for the Council.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Data — Investigations and Public Safety.</text> <paragraph num="(1)"> <text>The investigative components of the Departments of Public Safety and Correctional Services, State Police, Juvenile Services, Transportation, Natural Resources, General Services, Labor, Licensing, and Regulation, and Health shall adopt a data system that will alert agencies of common targets and common investigation locations.</text> </paragraph> <paragraph num="(2)"> <text>The Governor’s Office of Crime Control and Prevention shall coordinate efforts to establish and make operational the data system described in paragraph(1) of this subsection.</text> </paragraph> <paragraph num="(3)"> <text>The Maryland State Police or an entity designated by the Maryland State Police shall be responsible for maintaining and operating the data system described in paragraph(1) of this subsection.</text> </paragraph> <paragraph num="(4)"> <text>The data system shall be available to the units of State government specified in paragraph(1) of this subsection and other such units as approved by the data owning unit(s) of State government.</text> </paragraph> <paragraph num="(5)"> <text>The centralized data system shall be fully operational within 12 months following the date of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Data — Reports and Studies.</text> </paragraph> <paragraph num="D."> <text>Limitations to Data.</text> <paragraph num="(1)"> <text>This Executive Order shall only apply to any data that:</text> <paragraph num="(a)"> <text>pertains to crime, criminal offenders, or criminal activity;</text> </paragraph> <paragraph num="(b)"> <text>pertains to law enforcement activity related to crime, criminal offenders, or criminal activity;</text> </paragraph> <paragraph num="(c)"> <text>is used to conduct criminal investigations; or</text> </paragraph> <paragraph num="(d)"> <text>is used for the case management of criminal offenders.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>All data sharing under this Executive Order shall comply with all legal restrictions regarding such sharing.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: December 5, 2017</annotation> </annotations> </regulation> </chapter> <chapter num="2018" heading=""> <regulation prefix="Executive Order" num=".02" heading="Access to Services for Human Trafficking Victims and Survivors"> <paragraph num="A."> <text>Each State Government unit and agency shall prominently display information on the homepage of their web sites regarding the National Human Trafficking Hotline and the BeFree Textline.</text> </paragraph> <paragraph num="B."> <text>The Maryland Department of Information Technology (DoIT) shall assist State Government units and agencies in this endeavor.</text> </paragraph> <paragraph num="C."> <text>Each State Government unit and agency shall complete this task by April 1, 2018.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 5, 2018</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".04" heading="Reorganization of State Government — Office of Small Business Regulatory Assistance"> <paragraph num="1."> <text>Be it ordered by the Governor of Maryland, pursuant to Article II, Section 24, of the Constitution of Maryland, that Sections 14-201 through 14-205 of the Economic Development Article and the Subtitle “Office of the Business Ombudsman” be repealed.</text> </paragraph> <paragraph num="2."> <text>And be it further ordered, that:</text> </paragraph> <paragraph num="3."> <text>And be it further ordered, that all persons who, as of the effective date of this Order, are employed in the Office of Business Ombudsman in the Office of the Governor are hereby transferred to the Office of Small Business Regulatory Assistance in the Department of Labor, Licensing, and Regulation without any change or loss of rights or status, and shall retain their merit system and retirement system status.</text> </paragraph> <paragraph num="4."> <text>And be it further ordered, that any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.</text> </paragraph> <paragraph num="5."> <text>And be it further ordered, that all rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties and responsibilities associated with those functions transferred by this Order shall continue in effect under the Office of Small Business Regulatory Assistance upon transfer to the Department of Labor, Licensing, and Regulation.</text> </paragraph> <paragraph num="6."> <text>And be it further ordered, that any unexpended appropriation for the purpose of financing the Office of the Business Ombudsman shall be transferred by approved budget amendment to the Department of Labor, Licensing, and Regulation.</text> </paragraph> <paragraph num="7."> <text>And be it further ordered, that this Executive Order shall become effective and have the force of law on this 15th day of January, 2018, unless specifically disapproved within 50 days after submission, by a Resolution of Disapproval concurred in by a majority vote of all members of either House of the General Assembly.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 15, 2018</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".06" heading="Gubernatorial Considerations in Parole of Inmates Serving Terms of Life Imprisonment"> <paragraph num="A."> <text>In deciding whether to approve or disapprove a decision of the Maryland Parole Commission to grant parole to an inmate serving a term of life imprisonment, the Governor shall assess and consider, among other lawful factors deemed relevant by the Governor, the same factors and information assessed by the Maryland Parole Commission as provided by the Maryland Parole Commission’s governing statutes and regulations.</text> </paragraph> <paragraph num="B."> <text>If the Governor disapproves parole for an inmate serving a term of life imprisonment, the Governor shall issue a written decision delivered to the Maryland Parole Commission confirming that the Governor has considered, among other relevant and lawful factors and information, the same factors and information assessed by the Maryland Parole Commission as provided by its governing statutes and regulations.</text> </paragraph> <paragraph num="C."> <text>Additional factors and information for juvenile offenders. In deciding whether to approve or disapprove a decision of the Maryland Parole Commission to grant parole to an inmate serving a term of life imprisonment with the possibility of parole for a crime committed before he or she reached 18 years of age (a “juvenile offender”), the Governor shall consider, in addition to other lawful factors deemed relevant by the Governor and the factors and information assessed by the Maryland Parole Commission as provided by the Maryland Parole Commission’s governing statutes and regulations:</text> <paragraph num="(1)"> <paragraph num="i."> <text>The juvenile offender’s age at the time the crime was committed and the lesser culpability of juvenile offenders as compared to adult offenders;</text> </paragraph> <paragraph num="ii."> <text>The degree to which the juvenile offender has demonstrated maturity since the commission of the crime; and</text> </paragraph> <paragraph num="iii."> <text>The degree to which the juvenile offender has demonstrated rehabilitation since the commission of the crime.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the Governor disapproves parole for a juvenile offender, the Governor shall issue a written decision delivered to the Maryland Parole Commission that:</text> <paragraph num="i."> <text>confirms that the Governor has considered the applicable statutory and regulatory factors and information and the factors and information set forth in this executive order; and</text> </paragraph> <paragraph num="ii."> <text>states reasons supporting the decision to disapprove parole.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>This executive order may not be construed to have any retroactive effect on any decision or recommendation of the Maryland Parole Commission or any decision of the Governor, made prior to the effective date of this order, to approve, disapprove, grant, deny, or modify the conditions of a parole.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 9, 2018</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".08" heading="Active-Assailant Incident Preparedness and Coordination"> <paragraph num="A."> <text>Executive Branch units subject to the supervision and direction of the Governor (“Executive agencies”), and persons who deal with or are under the jurisdiction of those units, shall systematically identify, assess, prepare for, prevent, protect from, respond to, recover from, and mitigate the risk and impacts of active-assailant incidents.</text> </paragraph> <paragraph num="B."> <text>Each Executive agency shall participate in a coordinated active-assailant initiative and share threat information between and among all sectors.</text> </paragraph> <paragraph num="C."> <text>Each Executive agency shall develop, review, or update internal plans, policies, and procedures related to active-assailant incidents.</text> </paragraph> <paragraph num="D."> <text>Each Executive agency, and persons who deal with or are under the jurisdiction of each agency, shall develop, plan, and collaborate for active-assailant training relevant to each agency’s respective area of responsibility, involving public and nongovernmental participants when appropriate and feasible.</text> </paragraph> <paragraph num="E."> <text>Using a “whole community” approach, Executive-agency public-safety officials shall conduct annual assessments to determine the need for mitigation, planning, and training appropriate for their agency’s jurisdiction.</text> </paragraph> <paragraph num="F."> <text>Maryland’s public educational institutions shall be encouraged to share and coordinate their emergency plans with Executive-agency law enforcement, emergency management officials, and emergency responders.</text> </paragraph> <paragraph num="G."> <text>Maryland’s private and nonpublic educational institutions shall be encouraged to share and coordinate their emergency plans with Executive-agency law enforcement, emergency management officials, and emergency responders.</text> </paragraph> <paragraph num="H."> <text>The Maryland State Police shall seek to maintain its position as co-chair and member of the Maryland Active Assailant Interdisciplinary Work Group and use that role to promote the purposes and objectives of this Executive Order.</text> </paragraph> <paragraph num="I."> <text>The following Executive agencies shall seek to obtain or maintain membership in the Maryland Active Assailant Interdisciplinary Work Group and use that role to promote the purposes and objectives of this Executive Order:</text> <paragraph num="1."> <text>Governor’s Office of Homeland Security;</text> </paragraph> <paragraph num="2."> <text>Maryland Department of Health;</text> </paragraph> <paragraph num="3."> <text>Governor’s Office of Crime Control & Prevention of Maryland;</text> </paragraph> <paragraph num="4."> <text>Maryland Fire-Rescue Education and Training Commission; and</text> </paragraph> <paragraph num="5."> <text>Maryland Emergency Management Agency.</text> </paragraph> </paragraph> <paragraph num="J."> <text>The Maryland Active Assailant Interdisciplinary Work Group shall be encouraged to:</text> <paragraph num="1."> <text>Update the State’s existing “Guidance to First Responders for the Active Assailant Incident” (the “Active-Assailant Guidance”), issued October 2, 2014, to incorporate protocols for prevention, protection, information-sharing, community preparedness, outreach, and education;</text> </paragraph> <paragraph num="2."> <text>Continue to monitor best practices and revise the Active-Assailant Guidance as needed to ensure Maryland remains prepared and resilient;</text> </paragraph> <paragraph num="3."> <text>Include in its membership subject matter experts from State and federal departments and agencies including, but not limited to:</text> <paragraph num="i."> <text>Maryland Center for School Safety;</text> </paragraph> <paragraph num="ii."> <text>Maryland State Department of Education;</text> </paragraph> <paragraph num="iii."> <text>Maryland Higher Education Commission;</text> </paragraph> <paragraph num="iv."> <text>U.S. Department of Homeland Security;</text> </paragraph> <paragraph num="v."> <text>U.S. Secret Service; and</text> </paragraph> <paragraph num="vi."> <text>U.S. Department of Defense; and</text> </paragraph> </paragraph> <paragraph num="4."> <text>Meet at least quarterly to identify, update, and share best practices and current activities, and maintain the Active-Assailant Guidance.</text> </paragraph> </paragraph> <paragraph num="K."> <text>The Maryland Emergency Management Agency shall provide leadership, policy oversight, support, and assistance to Executive agencies and other applicable persons in their efforts to comply with this Executive Order.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 28, 2018</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".17" heading="Student Loan Repayment Benefits to Relieve State Workforce Shortages"> <paragraph num="A."> <text>Establishment.</text> </paragraph> <paragraph num="B."> <text>Eligibility.</text> <paragraph num="1."> <text>Applicants for the benefits must:</text> <paragraph num="i."> <text>work in a critical workforce shortage area, as designated by the Secretary; and</text> </paragraph> <paragraph num="ii."> <text>have remained in the service of the employing unit for a duration established by the Secretary.</text> </paragraph> </paragraph> <paragraph num="2."> <text>A participating employee whose employment is terminated is not eligible to receive further benefits.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Administration.</text> <paragraph num="1."> <text>The Secretary of the Department of Budget and Management shall administer the benefits to enhance the recruitment and retention of employees in critical workforce shortage areas.</text> </paragraph> <paragraph num="2."> <text>The benefits shall be administered centrally by the Department of Budget and Management’s Office of Personnel Services and Benefits.</text> </paragraph> <paragraph num="3."> <text>The Secretary may delegate the administration of the benefits for the Transportation Services Human Resources System to the Secretary of the Department of Transportation or the Secretary’s designee.</text> </paragraph> <paragraph num="4."> <text>By January 1, 2019, the Secretary shall establish guidelines for the administration of the benefits.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: June 16, 2018</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".19" heading="Statewide Human Trafficking Response Director"> <paragraph num="A."> <text>Director.</text> <paragraph num="1."> <text>There is a Statewide Human Trafficking Response Director (the “Director”) at the Governor’s Office of Crime Control and Prevention (the “Office”).</text> </paragraph> <paragraph num="2."> <text>The Director shall:</text> <paragraph num="a."> <text>Serve as the Governor’s coordinator for human trafficking issues and provide information and policy guidance to the Governor, the Governor’s Cabinet, and the executive director of the Office;</text> </paragraph> <paragraph num="b."> <text>Collaborate with State units, local governments and departments of social services, child advocacy centers and other nonprofit entities, law enforcement agencies, and other appropriate parties identified by the Director to:</text> <paragraph num="1)"> <text>Promote statewide coordination of:</text> <paragraph num="a)"> <text>Supportive services and resources for victims of human trafficking;</text> </paragraph> <paragraph num="b)"> <text>Law enforcement responses to human trafficking;</text> </paragraph> </paragraph> <paragraph num="2)"> <text>Collect, maintain, and disseminate to stakeholders information about human trafficking and related supportive services in Maryland;</text> </paragraph> <paragraph num="3)"> <text>Map current local supportive services and resources that provide care to victims of human trafficking; and</text> </paragraph> <paragraph num="4)"> <text>Establish statewide best practices for serving victims of human trafficking;</text> </paragraph> </paragraph> <paragraph num="c."> <text>Monitor and pursue, on behalf of the State, federal funding for efforts to combat human trafficking;</text> </paragraph> <paragraph num="d."> <text>Serve as the Governor’s liaison to the Maryland Human Trafficking Task Force; and</text> </paragraph> <paragraph num="e."> <text>Serve as the Governor’s liaison to the Crime Research and Innovation Center at the University of Maryland to assist its efforts to provide research to the State about human trafficking, including best practices in collecting data to identify victims of human trafficking.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>By December 1 of each year, the Director shall provide to the Governor a report on the status of the Director’s work including:</text> <paragraph num="1."> <text>Progress made in establishing statewide best practices for serving victims of human trafficking;</text> </paragraph> <paragraph num="2."> <text>A summary of State and federal funding available to serve and support victims of human trafficking;</text> </paragraph> <paragraph num="3."> <text>An update on the work of the Crime Research and Innovation Center at the University of Maryland related to human trafficking; and</text> </paragraph> <paragraph num="4."> <text>Recommendations for administrative, regulatory, or statutory changes that would further the State’s efforts to address human trafficking.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Office shall dedicate a portion of its funding to serve victims of human trafficking.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 9, 2018</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".26" heading="Governor's Commission on Suicide Prevention"> <paragraph num="A."> <text>The Governor's Commission on Suicide Prevention shall continue and be constituted as follows:</text> <paragraph num="1."> <text>The Commission consists of the following Executive Branch members, with all designees approved by the Secretary of Health:</text> <paragraph num="a."> <text>The Deputy Secretary for Behavioral Health or the Deputy Secretary’s designee;</text> </paragraph> <paragraph num="b."> <text>The Deputy Secretary for Public Health Services or the Deputy Secretary’s designee;</text> </paragraph> <paragraph num="c."> <text>The Secretary of the Department of Juvenile Services or the Secretary’s designee;</text> </paragraph> <paragraph num="d."> <text>The Secretary of the Department of Public Safety and Correctional Services or the Secretary’s designee;</text> </paragraph> <paragraph num="e."> <text>The Secretary of the Department of Aging or the Secretary’s designee;</text> </paragraph> <paragraph num="f."> <text>The Secretary of the Department of Veterans Affairs or the Secretary’s designee;</text> </paragraph> <paragraph num="g."> <text>The Executive Director of the Governor’s Office for Children or the Executive Director’s designee; and</text> </paragraph> <paragraph num="h."> <text>The Secretary of the Department of Disabilities or the Secretary’s designee.</text> </paragraph> </paragraph> <paragraph num="2."> <text>The State Superintendent of Schools shall be invited to be an ex officio member or submit a designee as an ex officio member.</text> </paragraph> <paragraph num="3."> <text>The President of the Maryland Senate and Speaker of the Maryland House of Delegates shall each be invited to appoint a member of their respective chambers to serve as an ex officio member.</text> </paragraph> <paragraph num="4."> <text>The following organizations shall also be invited to designate a representative as an ex officio member:</text> <paragraph num="a."> <text>The Mental Health Association of Maryland;</text> </paragraph> <paragraph num="b."> <text>The National Organization for People of Color Against Suicide; and</text> </paragraph> <paragraph num="c."> <text>The Maryland Addictions Directors Council.</text> </paragraph> </paragraph> <paragraph num="5."> <text>The Maryland Association of County Health Officials shall be invited to select a local health officer to serve as an ex officio member.</text> </paragraph> <paragraph num="6."> <text>Governor’s Appointments.</text> <paragraph num="a."> <text>The following members shall be appointed by the Governor for no more than two consecutive four-year terms:</text> <paragraph num="i."> <text>One representative of the faith community;</text> </paragraph> <paragraph num="ii."> <text>One representative of the academic community;</text> </paragraph> <paragraph num="iii."> <text>One representative of a suicide-prevention group;</text> </paragraph> <paragraph num="iv."> <text>One active or former member of the U.S. Armed Forces;</text> </paragraph> <paragraph num="v."> <text>One member of either police, local corrections, or fire and rescue services;</text> </paragraph> <paragraph num="vi."> <text>One member of the LGBTQ community;</text> </paragraph> <paragraph num="vii."> <text>One young adult between the ages of 18 and 25;</text> </paragraph> <paragraph num="viii."> <text>One representative of the substance-abuse recovery community;</text> </paragraph> <paragraph num="ix."> <text>One survivor of a suicide attempt;</text> </paragraph> <paragraph num="x."> <text>One family member of an individual who died by suicide;</text> </paragraph> <paragraph num="xi."> <text>One representative of the American Indian community;</text> </paragraph> <paragraph num="xii."> <text>One representative of the Asian Pacific American community; and</text> </paragraph> <paragraph num="xiii."> <text>One representative of the Hispanic or Latino community.</text> </paragraph> </paragraph> <paragraph num="b."> <text>High-School Member.</text> <paragraph num="i."> <text>The Governor shall appoint a high-school student in his or her junior or senior year as a member.</text> </paragraph> <paragraph num="ii."> <text>The High-School Member is appointed for a term of one academic year.</text> </paragraph> <paragraph num="iii."> <text>The High-School Member may be reappointed, while he or she is still in high school, to a second term ending in the July following his or her graduation.</text> </paragraph> </paragraph> <paragraph num="c."> <text>The Governor’s Appointments serve at the Governor’s pleasure.</text> </paragraph> <paragraph num="d."> <text>In the event of a vacancy among the Governor’s Appointments, the Governor shall appoint a successor to fill the remainder of the term.</text> </paragraph> </paragraph> <paragraph num="7."> <text>Chair and Vice-Chair.</text> <paragraph num="a."> <text>The Governor shall designate a Chair from among the members.</text> </paragraph> <paragraph num="b."> <text>The Chair serves in that position at the pleasure of the Governor.</text> </paragraph> <paragraph num="c."> <text>The Commission may designate a Vice Chair from the remaining membership.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Commission shall be staffed by the Maryland Department of Health as determined by the Secretary of Health.</text> </paragraph> <paragraph num="C."> <text>The Commission shall:</text> <paragraph num="1."> <text>Assess suicide’s economic and social costs, and impact on the health and wellbeing of Maryland citizens;</text> </paragraph> <paragraph num="2."> <text>Establish a list of existing support systems for survivors, attempters, and their families;</text> </paragraph> <paragraph num="3."> <text>Develop a comprehensive, coordinated, and strategic plan for suicide prevention, intervention, and post-suicide services across the State;</text> </paragraph> <paragraph num="4."> <text>Identify the resources needed to adequately provide those services; and</text> </paragraph> <paragraph num="5."> <text>Promote the delivery of those services by local and State agencies through collaborative efforts that ensure effective and efficient use of local and State resources.</text> </paragraph> </paragraph> <paragraph num="D."> <text>State Plan.</text> <paragraph num="1."> <text>The Commission shall prepare a two-year plan that establishes, for the organization, delivery, and funding of suicide prevention, intervention, and post-suicide services:</text> <paragraph num="a."> <text>Emerging needs;</text> </paragraph> <paragraph num="b."> <text>Priorities and strategies;</text> </paragraph> <paragraph num="c."> <text>Promising practices and programs;</text> </paragraph> <paragraph num="d."> <text>Recommendations for coordination and collaboration among State agencies; and</text> </paragraph> <paragraph num="e."> <text>Training.</text> </paragraph> </paragraph> <paragraph num="2."> <text>The plan shall be developed in consideration of the priorities and strategies in plans established by local jurisdictions.</text> </paragraph> <paragraph num="3."> <text>The plan shall be submitted to the Governor by December 1, 2018, and biennially thereafter, with interim updates provided as deemed appropriate.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Meetings.</text> <paragraph num="1."> <text>The Commission shall meet at least four times a year.</text> </paragraph> <paragraph num="2."> <text>The Chair may schedule additional work sessions as necessary.</text> </paragraph> <paragraph num="3."> <text>A majority of members of the Commission shall constitute a quorum for the transaction of any business.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The Commission may adopt such procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees or task forces.</text> </paragraph> <paragraph num="G."> <text>Members of the Commission may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations and as provided in the State budget.</text> </paragraph> <paragraph num="H."> <text>The Chair may, with the consent of the Commission, designate additional individuals — including interested citizens, educators, or specialists with relevant expertise — to serve on any committee or task force.</text> </paragraph> <paragraph num="I."> <text>The Commission may consult with State units to obtain technical assistance and advice as it deems necessary to fulfill its duties.</text> </paragraph> <paragraph num="J."> <text>All Executive Branch units subject to the supervision and direction of the Governor shall cooperate with and assist the Commission in fulfilling its duties.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 11, 2018</annotation> </annotations> </regulation> </chapter> <chapter num="2019" heading=""> <regulation prefix="Executive Order" num=".01" heading="Maryland Opportunity Zone Leadership Task Force"> <paragraph num="A."> <text>There is a Maryland Opportunity Zone Leadership Task Force (the “Task Force”).</text> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="1)"> <text>The Task Force shall consist of the following voting members:</text> <paragraph num="a)"> <text>The Lieutenant Governor;</text> </paragraph> <paragraph num="b)"> <text>The Secretary of the Department of Housing and Community Development, or the Secretary’s designee;</text> </paragraph> <paragraph num="c)"> <text>The Secretary of the Department of Commerce, or the Secretary’s designee;</text> </paragraph> <paragraph num="d)"> <text>The Secretary of the Department of Labor, Licensing, and Regulation, or the Secretary’s designee;</text> </paragraph> <paragraph num="e)"> <text>The Secretary of the Department of Planning, or the Secretary’s designee;</text> </paragraph> <paragraph num="f)"> <text>The Secretary of the Maryland Department of Transportation, or the Secretary’s designee; and</text> </paragraph> <paragraph num="g)"> <text>The Secretary of the Maryland Department of Human Resources, or the Secretary’s designee.</text> </paragraph> </paragraph> <paragraph num="2)"> <text>The following shall be invited to be, and shall be upon acceptance, voting members of the Task Force:</text> <paragraph num="a)"> <text>The Superintendent of the Maryland State Department of Education, or the Superintendent’s designee;</text> </paragraph> <paragraph num="b)"> <text>The Secretary of the Maryland Higher Education Commission, or the Secretary’s designee;</text> </paragraph> <paragraph num="c)"> <text>The Executive Director of the Maryland Stadium Authority, or the Executive Director’s designee;</text> </paragraph> <paragraph num="d)"> <text>The Chancellor of the University System of Maryland, or the Chancellor’s designee;</text> </paragraph> <paragraph num="e)"> <text>An appointee of the Maryland Association of Counties;</text> </paragraph> <paragraph num="f)"> <text>An appointee of the Maryland Municipal League;</text> </paragraph> <paragraph num="g)"> <text>An appointee of the Maryland Economic Development Corporation;</text> </paragraph> <paragraph num="h)"> <text>An appointee of the Maryland Technology Development Corporation; and</text> </paragraph> <paragraph num="i)"> <text>An appointee of the Maryland Association of Community Colleges.</text> </paragraph> </paragraph> <paragraph num="3)"> <text>The Governor shall designate the Chair from among the members.</text> </paragraph> <paragraph num="4)"> <text>Members of the Task Force serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="5)"> <text>A vacancy shall be filled in the same manner that the initial appointments are made.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures.</text> <paragraph num="1)"> <text>The majority of voting members of the Task Force shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="2)"> <text>The Task Force shall hold publicly announced meetings at such times and such places as it deems necessary. The meetings shall be accessible to the general public in accordance with the Maryland Open Meetings Act or other applicable law.</text> </paragraph> <paragraph num="3)"> <text>The Task Force may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees.</text> </paragraph> <paragraph num="4)"> <text>The Chair may, with the consent of the Task Force, designate additional individuals, including interested citizens, elected officials, educators, or specialists with relevant expertise, to serve on any committee.</text> </paragraph> <paragraph num="5)"> <text>The Task Force may consult with the principal departments of the Executive Branch of the State government to obtain such technical assistance and advice as it deems necessary to complete its duties.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Duties. The Task Force shall:</text> <paragraph num="1)"> <text>Advise the Governor on all matters assigned to the Task Force and be responsible for carrying out the Governor’s policies on those matters;</text> </paragraph> <paragraph num="2)"> <text>Conduct regional summits in various parts of the State, including the Eastern Shore, Southern Maryland, Western Maryland, and Central Maryland, to enable citizens to share information, market prospectuses, and solicit and offer opportunities and possibilities for Opportunity Zone investment;</text> </paragraph> <paragraph num="3)"> <text>Provide an electronic portal for citizens to submit their comments to the Task Force;</text> </paragraph> <paragraph num="4)"> <text>Develop a clearinghouse for local government, developers, and other interested parties to learn of and access Opportunity Zone resources;</text> </paragraph> <paragraph num="5)"> <text>Develop a community marketing strategy and an economic-development policy brief for Opportunity Zones;</text> </paragraph> <paragraph num="6)"> <text>Develop an “Opportunity Plan” that sets broad goals for Opportunity Zones aligned with State economies, priorities, and culture;</text> </paragraph> <paragraph num="7)"> <text>Outline development of Opportunity Zones with a multi-year timeline that is subject to measurement and assessment on an annual basis;</text> </paragraph> <paragraph num="8)"> <text>Provide recommendations for legislation to enhance Opportunity Zone incentives;</text> </paragraph> <paragraph num="9)"> <text>Devise innovative methods for incorporating Opportunity Zones into existing State programs, including, but not limited to, More Jobs for Marylanders and EARN Maryland; and</text> </paragraph> <paragraph num="10)"> <text>Coordinate participation with local governments to best align local resources with Opportunity Zone investment.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Units of State and local government shall retain all budgeting and funding authority to undertake initiatives in Opportunity Zones.</text> </paragraph> <paragraph num="F."> <text>Reports and Recommendations.</text> <paragraph num="1)"> <text>The Task Force shall summarize its progress in fulfilling its duties in a report submitted to the Governor, the President of the Maryland Senate, and the Speaker of the Maryland House of Delegates, no later than October 1, 2019.</text> </paragraph> <paragraph num="2)"> <text>The Task Force may issue additional reports as directed by the Governor.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 3, 2019</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".06" heading="(Amends Executive Order 01.01.2019.02)"> <text>Commission to Study Mental and Behavioral Health in Maryland</text> <paragraph num="A."> <text>Establishment. There is a Governor’s Commission to Study Mental and Behavioral Health in Maryland (the “Commission”).</text> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="(1)"> <text>The Commission shall consist of the following members:</text> <paragraph num="(a)"> <text>The Lieutenant Governor;</text> </paragraph> <paragraph num="(b)"> <text>Two appointees of the President of the Maryland Senate;</text> </paragraph> <paragraph num="(c)"> <text>Two appointees of the Speaker of the Maryland House of Delegates;</text> </paragraph> <paragraph num="(d)"> <text>A representative of the Judicial system of the State, appointed by the Chief Judge of the Court of Appeals;</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of the Department of Health, or the Secretary’s designee;</text> </paragraph> <paragraph num="(f)"> <text>The Deputy Secretary for Behavioral Health, or the Secretary’s designee;</text> </paragraph> <paragraph num="(g)"> <text>The Secretary of the State Police, or the Secretary’s designee;</text> </paragraph> <paragraph num="(h)"> <text>The Secretary of Public Safety and Correctional Services, or the Secretary’s designee;</text> </paragraph> <paragraph num="(i)"> <text>The Secretary of Human Services, or the Secretary’s designee;</text> </paragraph> <paragraph num="(j)"> <text>The Maryland Insurance Commissioner, or the Commissioner’s designee;</text> </paragraph> <paragraph num="(k)"> <text>The Executive Director of the Opioid Operational Command Center;</text> </paragraph> <paragraph num="(l)"> <text>The Secretary of Disabilities, or the Secretary’s designee;</text> </paragraph> <paragraph num="(m)"> <text>The State Superintendent of Schools, or the Superintendent’s designee; and</text> </paragraph> <paragraph num="(n)"> <text>Six public members, to be appointed by the Governor, representing a range of experience related to mental health, including lived experiences, clinical expertise, work within the criminal justice system, and the provision of social services.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The members serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="(3)"> <text>Staff members from the Offices of the Governor and Lieutenant Governor, the Governor’s Office of Crime Control and Prevention, and the Maryland Department of Health will also be regular participants.</text> </paragraph> <paragraph num="(4)"> <text>The Chair may also invite other units of State or U.S. government, including law enforcement agencies, to designate representatives for participation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Duties. The Commission shall:</text> <paragraph num="(1)"> <text>Advise and assist the Governor in improving access to a continuum of mental-health services across the State;</text> </paragraph> <paragraph num="(2)"> <text>Consider the findings of the Maryland Behavioral Health Advisory Council 2017 Strategic Plan: 24/7 Crisis Walk-in and Mobile Crisis Team Services;</text> </paragraph> <paragraph num="(3)"> <text>Conduct regional summits in various parts of the State to study how mental illness may impact parts of the State differently;</text> </paragraph> <paragraph num="(4)"> <text>Submit an interim report no later than six months from the date of this Executive Order on its findings relating to access to mental-health treatment services in the State; and</text> </paragraph> <paragraph num="(5)"> <text>Submit an annual report to the Governor on or before December 31, that includes, but is not limited to, recommendations for policy, regulations, or legislation to address the following:</text> <paragraph num="(a)"> <text>Improving the statewide, comprehensive crisis response system; and</text> </paragraph> <paragraph num="(b)"> <text>Ensuring parity of resources to meet mental-health needs.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Lieutenant Governor shall be Chair of the Commission. The Chair shall:</text> <paragraph num="(a)"> <text>Oversee the implementation of this Executive Order and the work of the Commission;</text> </paragraph> <paragraph num="(b)"> <text>Determine the Commission’s agenda; and</text> </paragraph> <paragraph num="(c)"> <text>Identify additional support needs of the Commission.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Commission shall convene within 90 days of this Executive Order and meet as frequently as necessary to satisfy the deadlines established herein.</text> </paragraph> <paragraph num="(3)"> <text>A majority of the Commission shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(4)"> <text>The Commission may adopt other procedures as necessary to ensure the orderly transaction of business.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 28, 2019</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".07" heading="Maryland Cyber Defense Initiative"> <paragraph num="A."> <text>There is a Maryland Cyber Defense Initiative to strengthen the State’s ability to manage the consequences of a cybersecurity incident.</text> </paragraph> <paragraph num="B."> <text>State Chief Information Security Officer.</text> <paragraph num="1."> <text>There is a State Chief Information Security Officer (“SCISO”).</text> </paragraph> <paragraph num="2."> <text>The SCISO shall be appointed by, and serve at the pleasure of, the Governor.</text> </paragraph> <paragraph num="3."> <text>The SCISO shall report to, and be supervised by, the Secretary of Information Technology and serve as the Department of Information Technology (“DoIT”) chief information security officer.</text> </paragraph> <paragraph num="4."> <text>The SCISO shall provide cybersecurity advice, recommendations, and consultation to the Governor when requested.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Office of Security Management.</text> <paragraph num="1."> <text>There is an Office of Security Management within DoIT that is managed and supervised by the SCISO.</text> </paragraph> <paragraph num="2."> <text>The Office is responsible for the direction, coordination, and implementation of the overall cybersecurity strategy and policy for the Executive Branch of State government (“State Government”), including, but not limited to:</text> <paragraph num="i."> <text>Standards to categorize all information and information systems collected or maintained by or on behalf of each unit of State Government;</text> </paragraph> <paragraph num="ii."> <text>Guidelines governing the types of information and information systems to be included in each category;</text> </paragraph> <paragraph num="iii."> <text>Security requirements (i.e., management, operational, and technical controls) for information and information systems in each category;</text> </paragraph> <paragraph num="iv."> <text>Assessing the categorization of systems and data, and the associated implementation of information security requirements;</text> </paragraph> <paragraph num="v."> <text>Determining whether a system should be allowed to continue to operate or be connected to the network created pursuant to §3A-404 of the State Finance and Procurement Article of the Code of Maryland if the SCISO concludes that there are security vulnerabilities or deficiencies in the implementation of information security requirements;</text> </paragraph> <paragraph num="vi."> <text>Management of security awareness training for all appropriate employees of State Government;</text> </paragraph> <paragraph num="vii."> <text>Assisting in the development of data management, data governance, and data specification standards to promote standardization and reduce risk; and</text> </paragraph> <paragraph num="viii."> <text>Assisting in the development of a digital identity standard and specification applicable to all parties communicating, interacting, or conducting business with or on behalf of State Government.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Maryland Cybersecurity Coordinating Council.</text> <paragraph num="1."> <text>There is a Maryland Cybersecurity Coordinating Council (“MCCC”).</text> </paragraph> <paragraph num="2."> <text>The MCCC shall provide advice and recommendations to the SCISO about:</text> <paragraph num="i."> <text>The strategy and implementation of cybersecurity initiatives and recommendations; and</text> </paragraph> <paragraph num="ii."> <text>Building and sustaining the State’s capability to identify, mitigate, and detect cybersecurity risk, and respond to and recover from cybersecurity-related incidents.</text> </paragraph> </paragraph> <paragraph num="3."> <text>Each of the following State officials, or a senior staff member designated by each official, shall be a member of the MCCC:</text> <paragraph num="i."> <text>The Director of the Governor’s Office of Homeland Security;</text> </paragraph> <paragraph num="ii."> <text>The Secretary of Budget and Management;</text> </paragraph> <paragraph num="iii."> <text>The Secretary of General Services;</text> </paragraph> <paragraph num="iv."> <text>The Secretary of Human Services;</text> </paragraph> <paragraph num="v."> <text>The Secretary of Public Safety and Correctional Services;</text> </paragraph> <paragraph num="vi."> <text>The Secretary of Health;</text> </paragraph> <paragraph num="vii."> <text>The Adjutant General;</text> </paragraph> <paragraph num="viii."> <text>The Director of the Maryland Emergency Management Agency;</text> </paragraph> <paragraph num="ix."> <text>The Superintendent of State Police; and</text> </paragraph> <paragraph num="x."> <text>The Secretary of Transportation.</text> </paragraph> </paragraph> <paragraph num="4."> <text>The Chair of the MCCC is the SCISO.</text> </paragraph> <paragraph num="5."> <text>The MCCC shall meet at least quarterly upon request of the Chair.</text> </paragraph> <paragraph num="6."> <text>The MCCC may consult with outside experts, including but not limited to experts in the private sector, government agencies, and institutions of higher education.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: June 18, 2019</annotation> </annotations> </regulation> </chapter> <chapter num="2020" heading=""> <regulation prefix="Executive Order" num=".02" heading="Reorganization of State Government Governor’s Office of Crime Prevention, Youth, and Victim Services"> <text>AN EXECUTIVE ORDER PURSUANT TO ARTICLE II, SECTION 24 OF THE CONSTITUTION OF MARYLAND</text> <text>FOR the purpose of renaming the Governor’s Office of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth, and Victim Services; renaming the Governor’s Office for Children to be the Division of Children and Youth under the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing that the Governor’s Office of Crime Prevention, Youth, and Victim Services shall be the successor to the Governor’s Office of Crime Control and Prevention; providing that the Division of Children and Youth shall be the successor of the Governor’s Office for Children; establishing the duties of the Governor’s Office of Crime Prevention, Youth, and Victim Services and the Division of Children and Youth; providing that certain employees transferred as a result of this Act shall be transferred without diminution of certain rights, benefits, or employment or retirement status; providing for the continuity of certain transactions affected by or flowing from this Act; providing for the continuity of certain laws, rules and regulations, standards and guidelines, policies, orders, and other directives, permits and licenses, applications, forms, plans, memberships, contracts, property, investigations, and administrative and judicial responsibilities; providing for appropriate transitional provisions relating to the continuity of certain boards and other units; providing that certain property, records, fixtures, appropriations, credits, assets, liabilities, obligations, rights, and privileges are transferred to the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing for the continuity of certain contracts, agreements, grants, or other obligations; requiring the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, to correct any cross-references or terminology rendered incorrect by this Executive Order and to describe any corrections made in an editor’s note following the section affected; and generally relating to the establishment of the Governor’s Office of Crime Prevention, Youth, and Victim Services and the Division of Children and Youth.</text> <paragraph num="1."> <text>BE IT ORDERED BY THE GOVERNOR OF MARYLAND, pursuant to Article II, Section 24, of the Constitution of Maryland, that the Laws of Maryland read as follows:</text> </paragraph> <paragraph num="2."> <text>AND BE IT FURTHER ORDERED, That, as provided in this Executive Order:</text> <paragraph num="(a)"> <paragraph num="(1)"> <text>The Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Governor’s Office of Crime Control and Prevention.</text> </paragraph> <paragraph num="(2)"> <text>The Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Executive Director of the Governor’s Office of Crime Control and Prevention.</text> </paragraph> <paragraph num="(3)"> <text>The Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Governor’s Office for Children.</text> </paragraph> <paragraph num="(4)"> <text>The Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Executive Director of the Governor’s Office for Children.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>In every law, executive order, rule, regulation, policy, or document created by an official, an employee, or a unit of this State, the names and titles of those agencies and officials mean the names and titles of the successor agency or official.</text> </paragraph> </paragraph> <paragraph num="3."> <text>AND BE IT FURTHER ORDERED, that all persons who, as of the effective date of this Order, are employed in the Governor’s Office of Crime Control and Prevention, the Maryland Statistical Analysis Center, and the Governor’s Office for Children are hereby transferred to the Governor’s Office of Crime Prevention, Youth, and Victim Services without any change or loss of rights or status, and shall retain their merit system and retirement system status.</text> </paragraph> <paragraph num="4."> <text>AND BE IT FURTHER ORDERED, that any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.</text> </paragraph> <paragraph num="5."> <text>AND BE IT FURTHER ORDERED, that all rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties and responsibilities associated with those functions of the Governor’s Office of Crime Control and Prevention, the Maryland Statistical Analysis Center, and the Governor’s Office for Children transferred by this Order shall continue in effect under the Governor’s Office of Crime Prevention, Youth, and Victim Services.</text> </paragraph> <paragraph num="6."> <text>AND BE IT FURTHER ORDERED, that any unexpended appropriation for the purpose of financing the Governor’s Office of Crime Control and Prevention, the Maryland Statistical Analysis Center, and the Governor’s Office for Children shall be transferred by approved budget amendment to the Governor’s Office of Crime Prevention, Youth, and Victim Services.</text> </paragraph> <paragraph num="7."> <text>AND BE IT FURTHER ORDERED, that nothing in this Act shall affect the terms of office of a member of any division, board, council, commission, authority, office, unit, or other entity that is transferred by this Act to the Governor’s Office of Crime Prevention, Youth, and Victim Services. An individual who is a member of any such entity on the effective date of this Act shall remain a member for the balance of the term to which the member is appointed, unless the member sooner dies, resigns, or is removed under appropriate provisions of law.</text> </paragraph> <paragraph num="8."> <text>AND BE IT FURTHER ORDERED, that the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, shall correct, with no further action required by the General Assembly, cross-references and terminology rendered incorrect by this Executive Order. The publisher shall adequately describe any correction that is made in an editor’s note following the section affected.</text> </paragraph> <paragraph num="9."> <text>AND BE IT FURTHER ORDERED, that this Executive Order shall become effective and have the force of law on the 27th day of February, 2020, unless specifically disapproved within 50 days after submission, by a Resolution of Disapproval concurred in by a majority vote of all members of either House of the General Assembly.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 27, 2020</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".05" heading="State Transparency and Accountability Reform Commission"> <paragraph num="A."> <text>There is a State Transparency and Accountability Reform Commission (the “Commission”).</text> </paragraph> <paragraph num="B."> <text>Membership and Procedures.</text> <paragraph num="(1)"> <text>The Commission shall consist of the following members:</text> <paragraph num="(a)"> <text>The Secretary of Budget and Management, or the Secretary’s designee;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of Commerce, or the Secretary’s designee;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Labor, or the Secretary’s designee;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of the Environment, or the Secretary’s designee;</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of Natural Resources, or the Secretary’s designee;</text> </paragraph> <paragraph num="(f)"> <text>The Maryland Insurance Commissioner, or the Commissioner’s designee;</text> </paragraph> <paragraph num="(g)"> <text>Two members of the House of Delegates, one appointed by the Speaker of the House and one by the House Minority Leader;</text> </paragraph> <paragraph num="(h)"> <text>Two members of the Senate of Maryland, one appointed by the President of the Senate and one by the Senate Minority Leader;</text> </paragraph> <paragraph num="(i)"> <text>An expert in ethics, appointed by the Governor;</text> </paragraph> <paragraph num="(j)"> <text>An expert in financial matters, appointed by the Governor; and</text> </paragraph> <paragraph num="(k)"> <text>Two members of the general public, appointed by the Governor.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Governor shall select the Chairperson from among the members.</text> </paragraph> <paragraph num="(3)"> <text>The members appointed by the Governor serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="(4)"> <text>The Office of the Governor shall provide support staff for the Commission.</text> </paragraph> <paragraph num="(5)"> <text>A majority of the authorized membership of the Commission shall constitute a quorum for the transaction of any Commission business.</text> </paragraph> <paragraph num="(6)"> <text>Members of the Commission may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> </paragraph> <paragraph num="C."> <text>To ensure adherence to the highest ethical standards, and identify commonalities that support unified policies and regulations for standardized oversight and accountability, the Commission shall review and investigate the operations and structures of the following State instrumentalities (“quasi-governmental agencies”):</text> <paragraph num="(1)"> <text>Maryland Agricultural and Resource-Based Industry Development Corporation;</text> </paragraph> <paragraph num="(2)"> <text>Bainbridge Development Corporation;</text> </paragraph> <paragraph num="(3)"> <text>Canal Place Preservation and Development Authority;</text> </paragraph> <paragraph num="(4)"> <text>Maryland Economic Development Corporation;</text> </paragraph> <paragraph num="(5)"> <text>Maryland Clean Energy Center;</text> </paragraph> <paragraph num="(6)"> <text>Maryland Environmental Service;</text> </paragraph> <paragraph num="(7)"> <text>Maryland Food Center Authority;</text> </paragraph> <paragraph num="(8)"> <text>Maryland Health and Higher Educational Facilities Authority;</text> </paragraph> <paragraph num="(9)"> <text>Maryland Automobile Insurance Fund;</text> </paragraph> <paragraph num="(10)"> <text>Maryland Stadium Authority;</text> </paragraph> <paragraph num="(11)"> <text>Maryland Technology Development Corporation;</text> </paragraph> <paragraph num="(12)"> <text>Northeast Maryland Waste Disposal Authority;</text> </paragraph> <paragraph num="(13)"> <text>Maryland Industrial Development Financing Authority;</text> </paragraph> <paragraph num="(14)"> <text>Maryland Venture Capital Trust; and</text> </paragraph> <paragraph num="(15)"> <text>Any others, as deemed appropriate by the Commission, that are:</text> <paragraph num="(a)"> <text>body politic and corporate, or similarly independent; or</text> </paragraph> <paragraph num="(b)"> <text>otherwise authorized to:</text> <paragraph num="i."> <text>bill their costs and expenses to persons or governments subject to their jurisdiction;</text> </paragraph> <paragraph num="ii."> <text>pay commissions or bonuses to employees or agents;</text> </paragraph> <paragraph num="iii."> <text>seek private grants, gifts, bequests, endowments, and legacies, or other contributions from the private sector;</text> </paragraph> <paragraph num="iv."> <text>enter into private sector cooperative agreements; or</text> </paragraph> <paragraph num="v."> <text>acquire, hold, sell, convey, assign, lease, transfer, or dispose of property, or enter into contracts incident thereto, independently of the Board of Public Works or Department of General Services, or are otherwise exempt from the General Procurement Law of the State.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>For each quasi-governmental agency, the Commission shall study and if appropriate make recommendations about:</text> <paragraph num="(1)"> <text>Term limits for members or directors;</text> </paragraph> <paragraph num="(2)"> <text>Employees serving as members or directors;</text> </paragraph> <paragraph num="(3)"> <text>Requirements for financial and conflict-of-interest disclosures;</text> </paragraph> <paragraph num="(4)"> <text>Standards:</text> <paragraph num="(a)"> <text>To maintain and improve the efficiency and effectiveness of governmental operations; and</text> </paragraph> <paragraph num="(b)"> <text>For ethical responsibilities regarding:</text> <paragraph num="i."> <text>out-of-state travel;</text> </paragraph> <paragraph num="ii."> <text>bonuses and severance pay;</text> </paragraph> <paragraph num="iii."> <text>conflicts of interest; and</text> </paragraph> <paragraph num="iv."> <text>reimbursable expenses;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Instruction on ethics;</text> </paragraph> <paragraph num="(6)"> <text>Independent financial and compliance audits;</text> </paragraph> <paragraph num="(7)"> <text>Preparation of budgets;</text> </paragraph> <paragraph num="(8)"> <text>Periodic reports on activities, findings, accomplishments, business transactions, and financial condition;</text> </paragraph> <paragraph num="(9)"> <text>The balance between independence and accountability necessary for efficient or effective operations; and</text> </paragraph> <paragraph num="(10)"> <text>Any other matter that the Commission considers appropriate and relevant.</text> </paragraph> </paragraph> <paragraph num="E."> <text>All Executive Branch units subject to the supervision and direction of the Governor shall cooperate with and assist the Commission in fulfilling its duties.</text> </paragraph> <paragraph num="F."> <text>On or before December 1, 2021, the Commission shall report to the Governor and General Assembly on the Commission’s findings and recommendations.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: December 16, 2020</annotation> </annotations> </regulation> </chapter> <chapter num="2021" heading=""> <regulation prefix="Executive Order" num=".01" heading="Increasing Small-Business Participation in State Procurements"> <paragraph num="A."> <text>Definitions.</text> <paragraph num="a."> <text>“Executive agency” means a State unit or instrumentality subject to the control, supervision, or direction of the Governor.</text> </paragraph> <paragraph num="b."> <text>“Governor’s Office” means the Governor’s Office of Small, Minority, and Women Business Affairs.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Any procurement of an Executive agency, for goods, supplies, services, maintenance, construction, construction-related services, architectural services, and engineering services, and with a total dollar value between $50,000 and $500,000, shall be designated for the small business reserve, except for:</text> <paragraph num="a."> <text>Preference procurements made from a preference provider;</text> </paragraph> <paragraph num="b."> <text>Procurements involving expenditures of federal dollars, to the extent that inclusion in the small business reserve program conflicts with federal law or grant provisions;</text> </paragraph> <paragraph num="c."> <text>Small procurements as classified in COMAR 21.05.07.04;</text> </paragraph> <paragraph num="d."> <text>Procurements of human, social, cultural, and educational services; and</text> </paragraph> <paragraph num="e."> <text>Certain term and master contracts, as determined by the Governor’s Office and the Office of State Procurement in the Department of General Services.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A procurement is exempt from designation for the small business reserve if the Governor’s Office certifies — concurrently with review of any waiver determinations for certified minority business enterprise contract goals — that it is not practicable to do so.</text> </paragraph> <paragraph num="D."> <text>The Office of State Procurement in the Department of General Services shall assist the Governor’s Office in establishing procedures and guidelines for the efficient exemption of procurements from the small business reserve and as may otherwise be appropriate for the implementation and administration of this Executive Order.</text> </paragraph> <paragraph num="E."> <text>When delegating procurement authority to the procurement agencies, the Department of General Services shall condition the delegation on compliance with this Executive Order.</text> </paragraph> <paragraph num="F."> <text>All Executive agencies shall implement this Executive Order in a manner that is consistent with all applicable statutes, including the public policy favoring advancements of women- and minority-owned businesses as set forth in Title 14, Subtitle 3, of the State Finance & Procurement Article of the Code of Maryland and related regulations.</text> </paragraph> <paragraph num="G."> <text>Nothing in this Executive Order shall operate to contravene federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="H."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, the provisions or applications of the Executive Order are severable, and all others shall remain in effect to the extent possible without the invalid provision or application.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 6, 2021</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".02" heading="Maryland Citizen Redistricting Commission"> <paragraph num="A."> <text>There is a Maryland Citizen Redistricting Commission (the “Commission”).</text> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="1."> <text>The Commission consists of the following members appointed by the Governor:</text> <paragraph num="a."> <text>One registered with the Democratic Party;</text> </paragraph> <paragraph num="b."> <text>One registered with the Republican Party;</text> </paragraph> <paragraph num="c."> <text>One not registered with either the Democratic Party or the Republican Party; and</text> </paragraph> <paragraph num="d."> <text>Six selected from a public application process, apportioned as follows:</text> <paragraph num="i."> <text>Two registered with the Democratic Party;</text> </paragraph> <paragraph num="ii."> <text>Two registered with the Republican Party;</text> </paragraph> <paragraph num="iii."> <text>Two not registered with either the Democratic Party or the Republican Party.</text> </paragraph> </paragraph> </paragraph> <paragraph num="2."> <text>Each member shall be a voter who, for at least three years immediately preceding the date of appointment, has been registered in the State continuously with the same political party or continuously with neither the Democratic Party nor the Republican Party.</text> </paragraph> <paragraph num="3."> <text>No member may be:</text> <paragraph num="a."> <text>A representative or candidate for representative in the U.S. Congress;</text> </paragraph> <paragraph num="b."> <text>A member or candidate for member of the General Assembly of Maryland;</text> </paragraph> <paragraph num="c."> <text>An officer or employee of a political party or political committee;</text> </paragraph> <paragraph num="d."> <text>A member of staff of the Governor, Maryland General Assembly, or U.S. Congress; or</text> </paragraph> <paragraph num="e."> <text>A current registered lobbyist.</text> </paragraph> </paragraph> <paragraph num="4."> <text>The selection of members shall be intended to produce a Commission that is independent from legislative influence, impartial, and reasonably representative of the State’s diversity and geographical, racial, and gender makeup.</text> </paragraph> <paragraph num="5."> <text>The Governor shall appoint one or more members to chair the Commission.</text> </paragraph> <paragraph num="6."> <text>A vacancy may be filled in the same manner that the initial appointments are made.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Duties.</text> <paragraph num="1."> <text>The Commission shall prepare one plan for Maryland’s state legislative districts and one plan for Maryland’s congressional districts, in conformance with the following:</text> <paragraph num="a."> <text>The plans shall:</text> <paragraph num="i."> <text>Comply with all State and federal constitutional and legal requirements, including the Voting Rights Act;</text> </paragraph> <paragraph num="ii."> <text>Comply with all applicable judicial direction, rulings, judgments, or orders;</text> </paragraph> <paragraph num="iii."> <text>Respect natural boundaries and the geographic integrity and continuity of any municipal corporation, county, or other political subdivision to the extent practicable; and</text> </paragraph> <paragraph num="iv."> <text>Be geographically compact and include nearby areas of population to the extent practicable;</text> </paragraph> </paragraph> <paragraph num="b."> <text>The plans shall not account for:</text> <paragraph num="i."> <text>How individuals are registered to vote, how individuals voted in the past, or the political party to which individuals belong; or</text> </paragraph> <paragraph num="ii."> <text>The domicile or residence of any individual, including an incumbent officeholder or a potential candidate for office;</text> </paragraph> </paragraph> <paragraph num="c."> <text>Congressional districts shall:</text> <paragraph num="i."> <text>Equal the number of representatives in the U.S. Congress that have been apportioned to the state; and</text> </paragraph> <paragraph num="ii."> <text>Be equal in population to the extent practicable; and</text> </paragraph> </paragraph> <paragraph num="d."> <text>Legislative districts shall be:</text> <paragraph num="i."> <text>As nearly equal in population as is feasible given due regard for natural boundaries and the boundaries of political subdivisions;</text> </paragraph> <paragraph num="ii."> <text>To the extent possible and consistent with the Commission’s other duties and responsibilities, subdivided into single-member delegate districts; and</text> </paragraph> <paragraph num="iii."> <text>Numbered consecutively commencing at the northwestern boundary of the state and ending at the southeastern boundary of the state.</text> </paragraph> </paragraph> </paragraph> <paragraph num="2."> <text>The Commission shall conduct its business with integrity and fairness.</text> </paragraph> <paragraph num="3."> <text>The Commission shall exercise judgment that is impartial and that reinforces public confidence in the integrity of the redistricting process.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Procedures.</text> <paragraph num="1."> <text>A majority of the members of the Commission shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="2."> <text>The Commission shall:</text> <paragraph num="a."> <text>Conduct open and transparent proceedings that:</text> <paragraph num="i."> <text>Enable full public consideration of and input as to the establishment of legislative and congressional districts; and</text> </paragraph> <paragraph num="ii."> <text>Encourage citizen outreach and broad public participation in the redistricting process;</text> </paragraph> </paragraph> <paragraph num="b."> <text>Hold meetings at such times and such places as it deems necessary, provided that the meetings are accessible to the general public in accordance with the Maryland Open Meetings Act or other applicable law;</text> </paragraph> <paragraph num="c."> <text>Conduct regional summits to allow citizens to offer comment on the boundaries of the congressional and legislative districts;</text> </paragraph> <paragraph num="d."> <text>Provide an electronic portal for citizens to review redistricting data and submit their comments about redistricting; and</text> </paragraph> <paragraph num="e."> <text>Undertake any other activities it deems appropriate to further increase opportunities for the public to observe and participate in the redistricting process.</text> </paragraph> </paragraph> <paragraph num="3."> <text>The Commission may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees.</text> </paragraph> <paragraph num="4."> <text>The Commission may designate additional individuals, including interested citizens, educators, or specialists with relevant expertise, but excluding individuals identified in Section B(3), to serve on any committee.</text> </paragraph> <paragraph num="5."> <text>The Commission may consult with units of State government and outside experts to obtain such technical assistance and advice as it deems necessary to complete its duties.</text> </paragraph> <paragraph num="6."> <text>After receiving sufficient comment, input, assistance, and advice from the public, experts, units of State government, committees, and other interested persons, the Commission shall:</text> <paragraph num="a."> <text>With at least seven affirmative votes of the members, approve and certify proposed redistricting plans that separately set forth district boundary lines for state congressional and legislative districts;</text> </paragraph> <paragraph num="b."> <text>Approve and certify proposed maps that correspond to the redistricting plans;</text> </paragraph> <paragraph num="c."> <text>Publicize the proposed plans and maps in a manner reasonably designed to achieve broad public availability and access; and</text> </paragraph> <paragraph num="d."> <text>Accept and review comments about the proposed plans and maps.</text> </paragraph> </paragraph> <paragraph num="7."> <text>After publicizing, reviewing, and making any appropriate adjustments to the proposed plans and maps, the Commission shall:</text> <paragraph num="a."> <text>With at least seven affirmative votes of the members, approve and certify final redistricting plans for state legislative and congressional districts;</text> </paragraph> <paragraph num="b."> <text>Approve and certify final maps that correspond to the redistricting plans;</text> </paragraph> <paragraph num="c."> <text>Submit the final plans and maps to the Legislative Office of the Office of the Governor; and</text> </paragraph> <paragraph num="d."> <text>Issue a report that explains the basis for the Commission’s decisions and includes definitions of the terms and standards used for each plan.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Membership of the Commission shall not be compensated, but members are entitled to reimbursement for expenses as provided by law.</text> </paragraph> <paragraph num="G."> <text>The Office of the Governor shall provide the Commission with staff and consultants as necessary and feasible.</text> </paragraph> <paragraph num="H."> <text>The public records of the Commission are subject to inspection pursuant to the Public Information Act.</text> </paragraph> <paragraph num="I."> <text>All units of State government subject to the supervision and direction of the Governor shall cooperate with and assist the Commission in carrying out its responsibilities.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 12, 2021</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".06" heading="Adverse Childhood Experiences"> <paragraph num="I."> <text>All State units subject to the control and direction of the Governor shall:</text> <paragraph num="A."> <text>Consider how the implementation of State policies and programming could reduce adverse childhood experiences;</text> </paragraph> <paragraph num="B."> <text>Cooperate with, and provide such data and other information as may be allowed by law to, the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services to enable study and monitoring of State policies and programming that prevent and mitigate adverse childhood experiences; and</text> </paragraph> <paragraph num="C."> <text>If they serve children and families:</text> <paragraph num="i."> <text>Incorporate an understanding of adverse childhood experiences into treatment and other similar interactions; and</text> </paragraph> <paragraph num="ii."> <text>Implement care models informed by adverse childhood experiences and the impact they have on development.</text> </paragraph> </paragraph> </paragraph> <paragraph num="II."> <text>The Governor shall, to coincide with Mental Health Awareness Month, proclaim May 6 of each year to be Adverse Childhood Experiences Awareness Day.</text> </paragraph> <paragraph num="III."> <text>This Executive Order shall not be construed as altering the designation of, or granting authority to, any unit of State or local government for the purposes of federal law.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 21, 2021</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".08" heading="Maryland Disability Culture and Achievements Month"> <paragraph num="A."> <text>All units of State government subject to the direction and control of the Governor shall annually observe July as “Disability Culture and Achievements Month.”</text> </paragraph> <paragraph num="B."> <text>The Department of Disabilities shall, during Disability Culture and Achievements Month, collaborate with, and provide information and technical assistance to, other units of State government to develop, coordinate, and promote activities and events throughout Maryland celebrating:</text> <paragraph num="1."> <text>Disability culture, including literature, poetry, dance, film, theater, and music developed by people with disabilities; and</text> </paragraph> <paragraph num="2."> <text>Societal achievements, including in justice, self empowerment, and equality, of people with disabilities.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 26, 2021</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".09" heading="State Chief Data Officer"> <paragraph num="A."> <text>State Chief Data Officer.</text> <paragraph num="1."> <text>There is a State Chief Data Officer in the Office of the Governor.</text> </paragraph> <paragraph num="2."> <text>The State Chief Data Officer shall be appointed by and serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="3."> <text>The State Chief Data Officer shall:</text> <paragraph num="i."> <text>Supervise and direct the use and management of data by units of State government under the supervision and direction of the Governor (“State units”);</text> </paragraph> <paragraph num="ii."> <text>Assess the data needed by State units to inform policy decisions;</text> </paragraph> <paragraph num="iii."> <text>Facilitate and coordinate:</text> <paragraph num="1)"> <text>The sharing of State data:</text> <paragraph num="a."> <text>Among State units, such that State units receiving data comply with all prohibitions and restrictions on disclosure or release of the data applicable to the State unit sharing it; and</text> </paragraph> <paragraph num="b."> <text>Between State units and the public; and</text> </paragraph> </paragraph> <paragraph num="2)"> <text>Analysis of data by State units;</text> </paragraph> </paragraph> <paragraph num="iv."> <text>Receive and compile an inventory of State unit data;</text> </paragraph> <paragraph num="v."> <text>Create a strategic plan for State data (the “State Data Strategic Plan”) that:</text> <paragraph num="1)"> <text>Is consistent with the Statewide Information Technology Master Plan;</text> </paragraph> <paragraph num="2)"> <text>Establishes data use, management, and analysis practices, policies, and standards for the State;</text> </paragraph> <paragraph num="3)"> <text>Provides recommendations for actions to standardize and integrate State data systems and management practices; and</text> </paragraph> <paragraph num="4)"> <text>Is updated every two years;</text> </paragraph> </paragraph> <paragraph num="vi."> <text>Track progress in implementing secure and efficient data use and management by the State;</text> </paragraph> <paragraph num="vii."> <text>Measure advancements in the analysis of data by the State; and</text> </paragraph> <paragraph num="viii."> <text>Assist:</text> <paragraph num="1)"> <text>The Governor’s Office of Crime Prevention, Youth, and Victim Services in evaluating data to make recommendations for State policies and programming that are informed by an understanding of, and mitigate the effects of, adverse childhood experiences; and</text> </paragraph> <paragraph num="2)"> <text>The Opioid Operational Command Center in:</text> <paragraph num="a."> <text>Integrating and analyzing data sets that it acquires; and</text> </paragraph> <paragraph num="b."> <text>Studying, understanding, and reducing opioid use and overdoses.</text> </paragraph> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Agency Data Officers.</text> <paragraph num="1."> <text>A data officer (an “agency data officer”) shall be designated by the following State units no later than October 1, 2021:</text> <paragraph num="i."> <text>The Department of Aging;</text> </paragraph> <paragraph num="ii."> <text>The Department of Agriculture;</text> </paragraph> <paragraph num="iii."> <text>The Department of Budget and Management;</text> </paragraph> <paragraph num="iv."> <text>The Department of Commerce;</text> </paragraph> <paragraph num="v."> <text>The Department of Disabilities;</text> </paragraph> <paragraph num="vi."> <text>The Maryland Department of Emergency Management;</text> </paragraph> <paragraph num="vii."> <text>The Department of the Environment;</text> </paragraph> <paragraph num="viii."> <text>The Department of General Services;</text> </paragraph> <paragraph num="ix."> <text>The Maryland Department of Health;</text> </paragraph> <paragraph num="x."> <text>The Department of Housing and Community Development;</text> </paragraph> <paragraph num="xi."> <text>The Department of Human Services;</text> </paragraph> <paragraph num="xii."> <text>The Department of Information Technology;</text> </paragraph> <paragraph num="xiii."> <text>The Department of Juvenile Services;</text> </paragraph> <paragraph num="xiv."> <text>The Maryland Department of Labor;</text> </paragraph> <paragraph num="xv."> <text>The Department of Natural Resources;</text> </paragraph> <paragraph num="xvi."> <text>The Department of Planning;</text> </paragraph> <paragraph num="xvii."> <text>The Department of Public Safety and Correctional Services;</text> </paragraph> <paragraph num="xviii."> <text>The Department of State Police;</text> </paragraph> <paragraph num="xix."> <text>The Department of Transportation;</text> </paragraph> <paragraph num="xx."> <text>The Department of Veterans Affairs; and</text> </paragraph> <paragraph num="xxi."> <text>The Office of the Secretary of State.</text> </paragraph> </paragraph> <paragraph num="2."> <text>Other units of State government may designate agency data officers consistent with this Order.</text> </paragraph> <paragraph num="3."> <text>Each agency data officer shall:</text> <paragraph num="i."> <text>Implement measures for the secure, efficient, and effective use of data;</text> </paragraph> <paragraph num="ii."> <text>Provide administrative support to the State Chief Data Officer on behalf of the unit;</text> </paragraph> <paragraph num="iii."> <text>Receive and promptly address inquiries, requests, or concerns about access to the unit’s data;</text> </paragraph> <paragraph num="iv."> <text>Comply with direction from the State Chief Data Officer as to the use and management of the unit’s data;</text> </paragraph> <paragraph num="v."> <text>Conduct an inventory, on or before December 31 of each year, of the unit’s data that:</text> <paragraph num="1)"> <text>Identifies data meeting criteria established by the Chief Data Officer, including that it is:</text> <paragraph num="a."> <text>Necessary for the operation of the unit; or</text> </paragraph> <paragraph num="b."> <text>Otherwise required to be collected:</text> <paragraph num="I."> <text>As a condition to receive federal funds; or</text> </paragraph> <paragraph num="II."> <text>By federal or state law; and</text> </paragraph> </paragraph> </paragraph> <paragraph num="2)"> <text>Is in such form as prescribed by the State Chief Data Officer;</text> </paragraph> </paragraph> <paragraph num="vi."> <text>Cooperate with the State Chief Data Officer review of advancements in the analysis of data by the State; and</text> </paragraph> <paragraph num="vii."> <text>Make available to the State Chief Data Officer any data requested.</text> </paragraph> </paragraph> <paragraph num="4."> <text>The agency data officers shall meet once a month to:</text> <paragraph num="i."> <text>Exchange knowledge about data use and management;</text> </paragraph> <paragraph num="ii."> <text>Solicit relevant input from data experts and practitioners;</text> </paragraph> <paragraph num="iii."> <text>Advise the State Chief Data Officer on best data privacy and security practices;</text> </paragraph> <paragraph num="iv."> <text>Issue reports to the State Chief Data Officer about State data use and management; and</text> </paragraph> <paragraph num="v."> <text>Assist the State Chief Data Officer in developing the State Data Strategic Plan.</text> </paragraph> </paragraph> <paragraph num="5."> <text>Following the creation of the State Data Strategic Plan, the agency data officers shall:</text> <paragraph num="i."> <text>Implement it in each of their units; and</text> </paragraph> <paragraph num="ii."> <text>Submit compliance reports for their unit to the State Chief Data Officer.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The State Chief Data Officer may obtain support and assistance from the Department of Information Technology, Department of Planning, and Governor’s Office of Performance Improvement as necessary and desirable to improve operational efficiency and efficacy.</text> </paragraph> <paragraph num="D."> <text>On or before December 31 of each year, the State Chief Data Officer shall submit a report to Governor addressing State’s progress in:</text> <paragraph num="1."> <text>Implementing secure and efficient data use and management;</text> </paragraph> <paragraph num="2."> <text>Promoting the sharing and analysis of data; and</text> </paragraph> <paragraph num="3."> <text>Complying with the State Data Strategic Plan.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 29, 2021</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".10" heading="Maryland Data Privacy"> <paragraph num="A."> <text>In this Order, the following words have the meanings indicated:</text> <paragraph num="1."> <text>“Agency privacy officer” means an individual designated by a State unit to manage its implementation of reasonable security practices and procedures, and compliance with this Order.</text> </paragraph> <paragraph num="2."> <text>"Personally identifiable information” means, in digital or physical form:</text> <paragraph num="i."> <text>A full name, or first initial and last name, in combination with;</text> <paragraph num="1)"> <text>A Social Security number;</text> </paragraph> <paragraph num="2)"> <text>A driver’s license number, a State identification number, or any other identification number issued by a State unit;</text> </paragraph> <paragraph num="3)"> <text>A passport number;</text> </paragraph> <paragraph num="4)"> <text>Characteristics of classifications protected under federal or State law; or</text> </paragraph> <paragraph num="5)"> <text>Biometric information including an individual’s physiological or biological characteristics, including an individual’s deoxyribonucleic acid, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity;</text> </paragraph> </paragraph> <paragraph num="ii."> <text>But not:</text> <paragraph num="1)"> <text>Voter registration information;</text> </paragraph> <paragraph num="2)"> <text>Information publicly disclosed by the individual without being under duress or coercion;</text> </paragraph> <paragraph num="3)"> <text>Data rendered anonymous through the use of techniques, including obfuscation, deletion, redaction, or encryption, that make the individual no longer identifiable;</text> </paragraph> <paragraph num="4)"> <text>Protected health information; or</text> </paragraph> <paragraph num="5)"> <text>Information collected, processed, or shared for the purposes of:</text> <paragraph num="a."> <text>Public health, including any information shared between the Maryland Department of Health and any unit of state or United States government as required by law;</text> </paragraph> <paragraph num="b."> <text>Public safety;</text> </paragraph> <paragraph num="c."> <text>State security;</text> </paragraph> <paragraph num="d."> <text>The State Personnel Management System;</text> </paragraph> <paragraph num="e."> <text>The State Retirement and Pension System; or</text> </paragraph> <paragraph num="f."> <text>Investigation and prosecution of criminal offenses.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="3."> <text>“Reasonable security procedures and practices” means security protections that are consistent with Department of Information Technology policies and standards.</text> </paragraph> <paragraph num="4."> <text>“SCPO” means the State Chief Privacy Officer.</text> </paragraph> <paragraph num="5."> <text>“State unit” means:</text> <paragraph num="i."> <text>The Department of Aging;</text> </paragraph> <paragraph num="ii."> <text>The Department of Agriculture;</text> </paragraph> <paragraph num="iii."> <text>The Department of Budget and Management;</text> </paragraph> <paragraph num="iv."> <text>The Department of Commerce;</text> </paragraph> <paragraph num="v."> <text>The Department of Disabilities;</text> </paragraph> <paragraph num="vi."> <text>Beginning on October 1, 2021, the Maryland Department of Emergency Management;</text> </paragraph> <paragraph num="vii."> <text>The Department of the Environment;</text> </paragraph> <paragraph num="viii."> <text>The Department of General Services;</text> </paragraph> <paragraph num="ix."> <text>The Maryland Department of Health;</text> </paragraph> <paragraph num="x."> <text>The Department of Housing and Community Development;</text> </paragraph> <paragraph num="xi."> <text>The Department of Human Services;</text> </paragraph> <paragraph num="xii."> <text>The Department of Information Technology;</text> </paragraph> <paragraph num="xiii."> <text>The Department of Juvenile Services;</text> </paragraph> <paragraph num="xiv."> <text>The Maryland Department of Labor;</text> </paragraph> <paragraph num="xv."> <text>The Department of Natural Resources;</text> </paragraph> <paragraph num="xvi."> <text>The Department of Planning;</text> </paragraph> <paragraph num="xvii."> <text>The Department of Public Safety and Correctional Services;</text> </paragraph> <paragraph num="xviii."> <text>The Department of State Police;</text> </paragraph> <paragraph num="xix."> <text>The Department of Transportation;</text> </paragraph> <paragraph num="xx."> <text>The Department of Veterans Affairs;</text> </paragraph> <paragraph num="xxi."> <text>The Department of Secretary of State; and</text> </paragraph> <paragraph num="xxii."> <text>Any other agency, department, board, commission, authority, or instrumentality of the State that elects to be subject to this Order.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>State Chief Privacy Officer.</text> <paragraph num="1."> <text>There is a State Chief Privacy Officer in the Office of the Governor.</text> </paragraph> <paragraph num="2."> <text>The SCPO is appointed by, and serves at the pleasure of, the Governor.</text> </paragraph> <paragraph num="3."> <text>The SCPO shall:</text> <paragraph num="i."> <text>Provide the Governor with advice, recommendations, and consultation about data privacy;</text> </paragraph> <paragraph num="ii."> <text>Supervise and direct efforts of State units to protect and secure personally identifiable information;</text> </paragraph> <paragraph num="iii."> <text>Develop and manage the implementation of State information privacy policies that are:</text> <paragraph num="1)"> <text>Comprehensive, coordinated, and continuous; and</text> </paragraph> <paragraph num="2)"> <text>Balance the State’s need for information collection and:</text> <paragraph num="a."> <text>risks to the public; and</text> </paragraph> <paragraph num="b."> <text>the costs of collection;</text> </paragraph> </paragraph> </paragraph> <paragraph num="iv."> <text>Establish privacy requirements to be incorporated into agreements to share data.</text> </paragraph> <paragraph num="v."> <text>Create and maintain inventories of sources of and systems containing personally identifiable information held by the State;</text> </paragraph> <paragraph num="vi."> <text>Oversee the conduct of privacy impact assessments; and</text> </paragraph> <paragraph num="vii."> <text>Assist State units with:</text> <paragraph num="1)"> <text>Identifying, matching, and merging corresponding personally identifiable information;</text> </paragraph> <paragraph num="2)"> <text>Drafting agreements and contracts for sharing, processing, storing, accessing, transmitting, or disposing of personally identifiable information;</text> </paragraph> <paragraph num="3)"> <text>Responding to audits of privacy and security of personally identifiable information;</text> </paragraph> <paragraph num="4)"> <text>Reducing:</text> <paragraph num="a."> <text>duplicative requests for personally identifiable information; and</text> </paragraph> <paragraph num="b."> <text>the amount of personally identifiable information collected and retained to only that necessary for the proper performance of the State unit’s authorized functions;</text> </paragraph> </paragraph> <paragraph num="5)"> <text>Properly accounting for and budgeting the costs and resources needed to protect and securely dispose of personally identifiable information; and</text> </paragraph> <paragraph num="6)"> <text>Providing training to State unit employees about State information privacy policies.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Beginning no later than January 1, 2022, each State unit shall:</text> <paragraph num="1."> <text>Employ reasonable security practices and procedures;</text> </paragraph> <paragraph num="2."> <text>. Designate an agency privacy official;</text> </paragraph> <paragraph num="3."> <text>Comply with direction from the SCPO to protect and secure personally identifiable information;</text> </paragraph> <paragraph num="4."> <text>Identify and document the legitimate government purpose of the State unit’s collection of personally identifiable information;</text> </paragraph> <paragraph num="5."> <text>Allow an individual to opt out of the State unit’s sharing of information if the sharing is not required by law;</text> </paragraph> <paragraph num="6."> <text>Provide to individuals:</text> <paragraph num="i."> <text>Access to their personally identifiable information that has been processed by the State unit, and methods to correct or amend it, or delete it if allowable by law;</text> </paragraph> <paragraph num="ii."> <text>At the time of the collection of personally identifiable information:</text> <paragraph num="1)"> <text>Notice of:</text> <paragraph num="a."> <text>The collection;</text> </paragraph> <paragraph num="b."> <text>The purpose of the collection;</text> </paragraph> <paragraph num="c."> <text>Any legal authorities requiring the collection of personally identifiable information; and</text> </paragraph> <paragraph num="d."> <text>Whether the provision of the personally identifiable information is voluntary; and</text> </paragraph> </paragraph> <paragraph num="2)"> <text>Instructions on how to receive information, which shall be provided upon request of the individual if allowable by law, about the types of:</text> <paragraph num="a."> <text>Personally identifiable information collected about the individual; and</text> </paragraph> <paragraph num="b."> <text>Sources from which the personally identifiable information was collected;</text> </paragraph> </paragraph> </paragraph> <paragraph num="iii."> <text>At or before the time of the State unit’s sharing personally identifiable information, notice of the sharing, including:</text> <paragraph num="1)"> <text>The nature and sources of personally identifiable information shared;</text> </paragraph> <paragraph num="2)"> <text>The purpose for which the personally identifiable information is shared and how it will be used;</text> </paragraph> <paragraph num="3)"> <text>The circumstances in which the personally identifiable information will be shared;</text> </paragraph> <paragraph num="4)"> <text>The recipients of the shared personally identifiable information;</text> </paragraph> <paragraph num="5)"> <text>The legal authorities for the sharing of the personally identifiable information; and</text> </paragraph> <paragraph num="6)"> <text>Any rights the individual may have to:</text> <paragraph num="a."> <text>Review the personally identifiable information shared; or</text> </paragraph> <paragraph num="b."> <text>Decline the State unit’s sharing of personally identifiable information;</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="7."> <text>Prominently display on the State unit’s website clear and comprehensive notice informing the public of the State unit’s practices and activities regarding the use of personally identifiable information;</text> </paragraph> <paragraph num="8."> <text>Adopt a privacy governance and risk management program; and</text> </paragraph> <paragraph num="9."> <text>Take reasonable steps to:</text> <paragraph num="i."> <text>Ensure that personally identifiable information collected is accurate, relevant, and timely; and</text> </paragraph> <paragraph num="ii."> <text>Collect only the personally identifiable information that is relevant and necessary to address the legally authorized purpose of the collection.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The agency privacy officers shall meet at least monthly to provide the SCPO with advice and recommendations about State policies needed to protect the privacy of personally identifiable information</text> </paragraph> <paragraph num="E."> <text>On or before April 1 of each year, each State unit shall submit a report to the SCPO that includes:</text> <paragraph num="1."> <text>An inventory of all information systems and applications used or maintained by the State unit;</text> </paragraph> <paragraph num="2."> <text>A full data inventory of the State unit;</text> </paragraph> <paragraph num="3."> <text>A list of all cloud services used by the State unit; and</text> </paragraph> <paragraph num="4."> <text>A list of all permanent and transient vendor interconnections that are in place.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 29, 2021</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".11" heading="Maryland Total Human-Services Integrated Network"> <text>(Amended by Executive Order 01.01.2022.03)</text> <paragraph num="A."> <text>The following terms have the meanings indicated:</text> <paragraph num="1."> <text>“Operator” means the unit of State government designated by the MD THINK Committee to develop, maintain, and operate:</text> <paragraph num="i."> <text>The Platform; and</text> </paragraph> <paragraph num="ii."> <text>Business products, applications, data, and services in the Portfolio, as may be agreed to with Participating Units.</text> </paragraph> </paragraph> <paragraph num="2."> <text>“Participating Unit” means a unit of State government approved by the MD THINK Committee that:</text> <paragraph num="i."> <text>Operates business products, applications, data, or services on the Platform;</text> </paragraph> <paragraph num="ii."> <text>Contributes funding to support the development, operation, and maintenance of the Platform; and</text> </paragraph> <paragraph num="iii."> <text>Executes an agreement for access to, or operation or use of, the business products, applications, data, and services hosted and managed on the Platform.</text> </paragraph> </paragraph> <paragraph num="3."> <text>“Platform” means the MD THINK platform composed of the servers, network infrastructure, software, and application components established, developed, maintained, and operated to host and manage the Portfolio.</text> </paragraph> <paragraph num="4."> <text>“Portfolio” means the business products, applications, data, and services hosted and managed on the Platform, as directed by the MD THINK Committee.</text> </paragraph> <paragraph num="5."> <text>“Strategic Initiatives Office” means a management office to support the MD THINK Committee established within the Operator for administrative, staffing, and budgetary purposes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>MD THINK Committee.</text> <paragraph num="1."> <text>There is a MD THINK Committee of the Governor’s Executive Council.</text> </paragraph> <paragraph num="2."> <text>The members of the MD THINK Committee shall be:</text> <paragraph num="i."> <text>The Secretary of Budget and Management;</text> </paragraph> <paragraph num="ii."> <text>The Secretary of Human Services;</text> </paragraph> <paragraph num="iii."> <text>The Secretary of Information Technology;</text> </paragraph> <paragraph num="iv."> <text>The Secretary of Juvenile Services; and</text> </paragraph> <paragraph num="v."> <text>The Secretary of Health.</text> </paragraph> </paragraph> <paragraph num="3."> <text>The Governor or his designee shall chair the MD THINK Committee.</text> </paragraph> <paragraph num="4."> <text>The MD THINK Committee shall:</text> <paragraph num="i."> <text>Promote the appropriate sharing of data among units of State government;</text> </paragraph> <paragraph num="ii."> <text>Set policy, objectives, and priorities for, and govern, MD THINK and its data and information, and Platform technology assets;</text> </paragraph> <paragraph num="iii."> <text>Be responsible for the protection, privacy, and appropriate use of shared data and personal information on the Platform;</text> </paragraph> <paragraph num="iv."> <text>Designate the Operator;</text> </paragraph> <paragraph num="v."> <text>Establish working groups;</text> </paragraph> <paragraph num="vi."> <text>Support the Two Generation Family Economic Security Commission in transforming the State’s interactions with families, mitigating multigenerational poverty, and promoting family wellbeing;</text> </paragraph> <paragraph num="vii."> <text>Make recommendations for State policies and the delivery of services to those who have had adverse childhood experiences so as to reduce their effects; and</text> </paragraph> <paragraph num="viii."> <text>Produce a report to the Governor, on or before December 15 of each year, addressing:</text> <paragraph num="1)"> <text>Its activities and plans in regards to data sharing in the State;</text> </paragraph> <paragraph num="2)"> <text>The impact of its work on Maryland citizens; and</text> </paragraph> <paragraph num="3)"> <text>Recommendations for future Executive Branch actions to support increased collaboration in the delivery of health and human services.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The Platform shall be developed, maintained, and operated to:</text> <paragraph num="1."> <text>Provide support to Participating Units, in accordance with the policies, objectives, and priorities established by the MD THINK Committee;</text> </paragraph> <paragraph num="2."> <text>Conform to modernized and current business and technological standards; and</text> </paragraph> <paragraph num="3."> <text>Host and manage modernized applications and shared data for the Medicaid Modernization Transformation program for the delivery of Medicaid administrative services.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Strategic Initiatives Office shall:</text> <paragraph num="1."> <text>Coordinate and manage the work and activities of the MD THINK Committee;</text> </paragraph> <paragraph num="2."> <text>Assess the Platform and Portfolio’s compliance with the policies, objectives, and priorities of the MD THINK Committee; and</text> </paragraph> <paragraph num="3."> <text>Report to the MD THINK Committee about:</text> <paragraph num="i."> <text>Its activities, including any support provided to information privacy or data sharing programs of the State;</text> </paragraph> <paragraph num="ii."> <text>Progress on achieving the MD THINK Committee’s objectives and priorities;</text> </paragraph> <paragraph num="iii."> <text>The implementation, maintenance, and operation of the Platform;</text> </paragraph> <paragraph num="iv."> <text>The products, applications, data, and services in the Portfolio, including their availability to specific Participating Units;</text> </paragraph> <paragraph num="v."> <text>Any products, applications, data, or services that are no longer needed once hosted on the Platform, including the anticipated termination dates for each;</text> </paragraph> <paragraph num="vi."> <text>All agreements with Participating Units, including the expiration of those agreements;</text> </paragraph> <paragraph num="vii."> <text>Proposals for any new or additional Participating Units; and</text> </paragraph> <paragraph num="viii."> <text>Recommendations for objectives and priorities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>The MD THINK Committee, Operator, and Strategic Initiatives Office shall act in accordance and consistently with the Secretary of Information Technology’s information technology policies, procedures, and standards and the Statewide Information Technology Master Plan.</text> </paragraph> <paragraph num="F."> <text>Data on the Platform shall be shared for authorized business and technical purposes to the maximum extent consistent with appropriate security and privacy practices and standards.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 29, 2021</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".12" heading="State Coordination of State Small Business Credit Initiative"> <paragraph num="A."> <text>The State’s Department of Housing and Community Development is designated as the entity responsible for the administration of the State Small Business Credit Initiative (SSBCI) in the State.</text> </paragraph> <paragraph num="B."> <text>The Secretary of the Department of Housing and Community Development is designated as the official responsible for signing the application and any agreements required to be signed by the State in connection with the application, approval and administration of the SSBCI, including any requests to modify the application and agreements after execution.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: December 29, 2021</annotation> </annotations> </regulation> </chapter> <chapter num="2022" heading=""> <regulation prefix="Executive Order" num=".01" heading="Governor's Subcabinet on Infrastructure"> <paragraph num="A."> <text>There is a Governor's Subcabinet on Infrastructure, a committee of the Governor’s Executive Council convening on a regular basis to develop, evaluate, and coordinate a cohesive infrastructure strategy that leverages additional federal funding from the Infrastructure Investment and Jobs Act of 2021.</text> </paragraph> <paragraph num="B."> <text>Membership and Procedures.</text> <paragraph num="1."> <text>The Subcabinet shall consist of:</text> <paragraph num="a."> <text>The Secretary of the Budget and Management;</text> </paragraph> <paragraph num="b."> <text>The Secretary of Transportation;</text> </paragraph> <paragraph num="c."> <text>The Secretary of Commerce;</text> </paragraph> <paragraph num="d."> <text>The Secretary of Housing and Community Development;</text> </paragraph> <paragraph num="e."> <text>The Secretary of the Environment; and</text> </paragraph> <paragraph num="f."> <text>The Secretary of Information Technology.</text> </paragraph> </paragraph> <paragraph num="2."> <text>The Director of the Maryland Energy Administration and the Executive Director of Maryland Environmental Service shall cooperate and consult with, and otherwise assist, the Subcabinet.</text> </paragraph> <paragraph num="3."> <text>The Governor shall designate a senior administrator in the Executive Branch to be responsible for implementation of this Executive Order and to chair the Subcabinet.</text> </paragraph> <paragraph num="4."> <text>The Subcabinet shall make recommendations to the Governor on administering funds made available through the Infrastructure Investment and Jobs Act of 2021.</text> </paragraph> <paragraph num="5."> <text>Subcabinet members shall, as needed by the Governor or Chair, provide staff to assist in the Subcabinet’s work as supervised by the Chair.</text> </paragraph> <paragraph num="6."> <text>The Governor or the Chair may establish subcommittees as needed to carry out the work of the Subcabinet.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 26, 2022</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".02" heading="Maryland Behavioral Health and Public Safety Center of Excellence Advisory Group"> <text>(Amended by Executive Order 01.01.2022.04)</text> <paragraph num="A."> <text>There is a Maryland Behavioral Health and Public Safety Center of Excellence Advisory Group (the “Group”).</text> </paragraph> <paragraph num="B."> <text>Membership</text> <paragraph num="(1)"> <text>The Group shall consist of the following members:</text> <paragraph num="(a)"> <text>The Lieutenant Governor, or the Lieutenant Governor’s designee;</text> </paragraph> <paragraph num="(b)"> <text>The Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services, or the Executive Director’s designee;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Health, or the Secretary’s designee; and</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of Public Safety and Correctional Services, or the Secretary’s designee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The following shall, upon acceptance of membership, be additional Group members:</text> <paragraph num="(a)"> <text>A designee of the President of the Senate;</text> </paragraph> <paragraph num="(b)"> <text>A designee of the Speaker of the House of Delegates;</text> </paragraph> <paragraph num="(c)"> <text>A representative of the Maryland Chiefs of Police Association;</text> </paragraph> <paragraph num="(d)"> <text>A representative of the Maryland Sheriffs’ Association;</text> </paragraph> <paragraph num="(e)"> <text>A representative of the Mental Health Association of Maryland;</text> </paragraph> <paragraph num="(f)"> <text>A representative of the National Alliance on Mental Illness of Maryland; and</text> </paragraph> <paragraph num="(g)"> <text>A representative of the Substance Abuse and Mental Health Services Administration within the U.S. Department of Health and Human Services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Governor’s Office of Crime Prevention, Youth, and Victim Services shall provide the Group with staff and consultants as necessary and feasible.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures</text> <paragraph num="(1)"> <text>The Lieutenant Governor or the Lieutenant Governor’s designee shall be Chair of the Group.</text> </paragraph> <paragraph num="(2)"> <text>The Chair shall:</text> <paragraph num="(a)"> <text>Oversee the work of the Group;</text> </paragraph> <paragraph num="(b)"> <text>Determine the Group’s agenda; and</text> </paragraph> <paragraph num="(c)"> <text>Identify additional support needs of the Group.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Group shall convene as frequently as necessary to satisfy its responsibilities, as determined by the Chair, but no less than monthly.</text> </paragraph> <paragraph num="(4)"> <text>A majority of the Group’s members is a quorum for the transaction of Group business.</text> </paragraph> <paragraph num="(5)"> <text>The Group may adopt other procedures as necessary to ensure the orderly transaction of business.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Group shall:</text> <paragraph num="(1)"> <text>Advise on the development and implementation of the Maryland Behavioral Health and Public Safety Center of Excellence (the “Center of Excellence”) action plan that assists in diverting those with mental illness, or intellectual or developmental disabilities, from the criminal justice system and provides them with appropriate treatment;</text> </paragraph> <paragraph num="(2)"> <text>Support the Center of Excellence’s Sequential Intercept Model as a planning tool to strategically inform legislation, policy, planning, and funding;</text> </paragraph> <paragraph num="(3)"> <text>Locate potential federal funding streams that the Center of Excellence can apply for to support its mission;</text> </paragraph> <paragraph num="(4)"> <text>Assist in the creation of repositories of best practices throughout the state; and</text> </paragraph> <paragraph num="(5)"> <text>Perform other appropriate duties or responsibilities as recommended by the Commission to Study Mental and Behavioral Health in Maryland.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 7, 2022</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".03" heading="Maryland Total Human-services Integrated Network"> <paragraph num="A."> <text>The following terms have the meanings indicated:</text> <paragraph num="1."> <text>“Operator” means the unit of State government designated by the MD THINK Committee to develop, maintain, and operate:</text> <paragraph num="i."> <text>The Platform; and</text> </paragraph> <paragraph num="ii."> <text>Business products, applications, data, and services in the Portfolio, as may be agreed to with Participating Units.</text> </paragraph> </paragraph> <paragraph num="2."> <text>“Participating Unit” means a unit of State government approved by the MD THINK Committee that:</text> <paragraph num="i."> <text>Operates business products, applications, data, or services on the Platform;</text> </paragraph> <paragraph num="ii."> <text>Contributes funding to support the development, operation, and maintenance of the Platform; and</text> </paragraph> <paragraph num="iii."> <text>Executes an agreement for access to, or operation or use of, the business products, applications, data, and services hosted and managed on the Platform.</text> </paragraph> </paragraph> <paragraph num="3."> <text>“Platform” means the MD THINK platform composed of the servers, network infrastructure, software, and application components established, developed, maintained, and operated to host and manage the Portfolio.</text> </paragraph> <paragraph num="4."> <text>“Portfolio” means the business products, applications, data, and services hosted and managed on the Platform, as directed by the MD THINK Committee.</text> </paragraph> <paragraph num="5."> <text>“Strategic Initiatives Office” means a management office to support the MD THINK Committee established within the Operator for administrative, staffing, and budgetary purposes.</text> </paragraph> <paragraph num="6."> <text>“MD THINK Enterprise” means the combination authorized resources or provided from the operator and participating units for the purpose of assessing from the, planning, designing, developing, operating, maintaining, and enhancing the portfolio, as directed by the MD THINK Committee.</text> </paragraph> </paragraph> <paragraph num="B."> <text>MD THINK Committee</text> <paragraph num="1."> <text>There is a MD THINK Committee of the Governor’s Executive Council.</text> </paragraph> <paragraph num="2."> <text>The members of the MD THINK Committee shall be:</text> <paragraph num="i."> <text>The Secretary of Budget and Management;</text> </paragraph> <paragraph num="ii."> <text>The Secretary of Human Services;</text> </paragraph> <paragraph num="iii."> <text>The Secretary of Information Technology;</text> </paragraph> <paragraph num="iv."> <text>The Secretary of Juvenile Services;</text> </paragraph> <paragraph num="v."> <text>The Secretary of Health; and</text> </paragraph> <paragraph num="vi."> <text>The Secretary of Public Safety and Correctional Services.</text> </paragraph> </paragraph> <paragraph num="3."> <text>The Governor or his designee shall chair the MD THINK Committee.</text> </paragraph> <paragraph num="4."> <text>The MD THINK Committee shall:</text> <paragraph num="i."> <text>Promote the appropriate sharing of data among units of State government;</text> </paragraph> <paragraph num="ii."> <text>Set policy, objectives, and priorities for, and govern, the portfolio data, Platform technology assets, and MD THINK Enterprise;</text> </paragraph> <paragraph num="iii."> <text>Be responsible for the protection, privacy, and appropriate use of shared data and personal information on the Platform;</text> </paragraph> <paragraph num="iv."> <text>Designate the Operator;</text> </paragraph> <paragraph num="v."> <text>Oversee, coordinate, and authorize the assignment or provision of resources to the MD THINK Enterprise from the operator and participating units for the purpose of assessing, planning, designing, developing, operating, maintaining, and enhancing the portfolio;</text> </paragraph> <paragraph num="vi."> <text>Establish working groups;</text> </paragraph> <paragraph num="vii."> <text>Support the Two Generation Family Economic Security Commission in transforming the State’s interactions with families, mitigating multigenerational poverty, and promoting family wellbeing;</text> </paragraph> <paragraph num="viii."> <text>Make recommendations for State policies and the delivery of services to those who have had adverse childhood experiences so as to reduce their effects; and</text> </paragraph> <paragraph num="ix."> <text>Produce a report to the Governor, on or before December 15 of each year, addressing:</text> <paragraph num="1)"> <text>Its activities and plans in regard to data sharing in the State;</text> </paragraph> <paragraph num="2)"> <text>The impact of its work on Maryland citizens; and</text> </paragraph> <paragraph num="3)"> <text>Recommendations for future Executive Branch actions to support increased collaboration in the delivery of health and human services.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>MD THINK Executive Director.</text> <paragraph num="1."> <text>There is an MD THINK Executive Director.</text> </paragraph> <paragraph num="2."> <text>The MD THINK Executive Director shall be designated by and serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="3."> <text>The MD THINK Executive Director shall be, as directed by the Governor, part of the operator or a Participating Unit for administrative, staffing, and budgetary purposes.</text> </paragraph> <paragraph num="4."> <text>The MD THINK Executive Director shall:</text> <paragraph num="i."> <text>Use and manage the MD THINK Enterprise to achieve MD THINK Committee goals and objectives;</text> </paragraph> <paragraph num="ii."> <text>Facilitate and coordinate the delivery of portfolio products and services; and</text> </paragraph> <paragraph num="iii."> <text>Ensure the faithful execution of all agreements entered into by the operator on behalf of the MD THINK Enterprise.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The Platform shall be developed, maintained, and operated to:</text> <paragraph num="1."> <text>Provide support to Participating Units, in accordance with the policies, objectives, and priorities established by the MD THINK Committee;</text> </paragraph> <paragraph num="2."> <text>Conform to modernized and current business and technological standards; and</text> </paragraph> <paragraph num="3."> <text>Host and manage modernized applications and shared data for the Medicaid Modernization Transformation program for the delivery of Medicaid administrative services.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Strategic Initiatives Office shall:</text> <paragraph num="1."> <text>Coordinate and manage the work and activities of the MD THINK Committee;</text> </paragraph> <paragraph num="2."> <text>Assess the Platform and Portfolio’s compliance with the policies, objectives, and priorities of the MD THINK Committee; and</text> </paragraph> <paragraph num="3."> <text>Report to the MD THINK Committee about:</text> <paragraph num="i."> <text>Its activities, including any support provided to information privacy or data sharing programs of the State;</text> </paragraph> <paragraph num="ii."> <text>Progress on achieving the MD THINK Committee’s objectives and priorities;</text> </paragraph> <paragraph num="iii."> <text>The implementation, maintenance, and operation of the Platform;</text> </paragraph> <paragraph num="iv."> <text>The products, applications, data, and services in the Portfolio, including their availability to specific Participating Units;</text> </paragraph> <paragraph num="v."> <text>Any products, applications, data, or services that are no longer needed once hosted on the Platform, including the anticipated termination dates for each;</text> </paragraph> <paragraph num="vi."> <text>All agreements with Participating Units, including the expiration of those agreements;</text> </paragraph> <paragraph num="vii."> <text>Proposals for any new or additional Participating Units; and</text> </paragraph> <paragraph num="viii."> <text>Recommendations for objectives and priorities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>The MD THINK Committee, Executive Director, Operator, and Strategic Initiatives Office shall act in accordance and consistently with the Secretary of Information Technology’s information technology policies, procedures, and standards and the Statewide Information Technology Master Plan.</text> </paragraph> <paragraph num="G."> <text>Data on the Platform shall be shared for authorized business and technical purposes to the maximum extent consistent with appropriate security and privacy practices and standards.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: April 20, 2022</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".04" heading="Maryland Behavioral Health and Public Safety Center of Excellence Advisory Group"> <text>(Amends Executive Order 01.01.2022.02)</text> <paragraph num="A."> <text>There is a Maryland Behavioral Health and Public Safety Center of Excellence Advisory Group (the “Group”).</text> </paragraph> <paragraph num="B."> <text>Membership</text> <paragraph num="(1)"> <text>The Group shall consist of the following members:</text> <paragraph num="(a)"> <text>The Lieutenant Governor, or the Lieutenant Governor’s designee;</text> </paragraph> <paragraph num="(b)"> <text>The Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services, or the Executive Director’s designee;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Health, or the Secretary’s designee; and</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of Public Safety and Correctional Services, or the Secretary’s designee; and</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of Disabilities, or the Secretary’s designee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The following shall, upon acceptance of membership, be additional Group members:</text> <paragraph num="(a)"> <text>A designee of the President of the Senate;</text> </paragraph> <paragraph num="(b)"> <text>A designee of the Speaker of the House of Delegates;</text> </paragraph> <paragraph num="(c)"> <text>A representative of the Maryland Chiefs of Police Association;</text> </paragraph> <paragraph num="(d)"> <text>A representative of the Maryland Sheriffs’ Association;</text> </paragraph> <paragraph num="(e)"> <text>A representative of the Mental Health Association of Maryland;</text> </paragraph> <paragraph num="(f)"> <text>A representative of the National Alliance on Mental Illness of Maryland; and</text> </paragraph> <paragraph num="(g)"> <text>A representative of the Substance Abuse and Mental Health Services Administration within the U.S. Department of Health and Human Services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Governor’s Office of Crime Prevention, Youth, and Victim Services shall provide the Group with staff and consultants as necessary and feasible.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures</text> <paragraph num="(1)"> <text>The Lieutenant Governor or the Lieutenant Governor’s designee shall be Chair of the Group.</text> </paragraph> <paragraph num="(2)"> <text>The Chair shall:</text> <paragraph num="(a)"> <text>Oversee the work of the Group;</text> </paragraph> <paragraph num="(b)"> <text>Determine the Group’s agenda; and</text> </paragraph> <paragraph num="(c)"> <text>Identify additional support needs of the Group.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Group shall convene as frequently as necessary to satisfy its responsibilities, as determined by the Chair, but no less than monthly.</text> </paragraph> <paragraph num="(4)"> <text>A majority of the Group’s members is a quorum for the transaction of Group business.</text> </paragraph> <paragraph num="(5)"> <text>The Group may adopt other procedures as necessary to ensure the orderly transaction of business.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Group shall:</text> <paragraph num="(1)"> <text>Advise on the development and implementation of the Maryland Behavioral Health and Public Safety Center of Excellence (the “Center of Excellence”) action plan that assists in diverting those with mental illness, or intellectual or developmental disabilities, from the criminal justice system and provides them with appropriate treatment;</text> </paragraph> <paragraph num="(2)"> <text>Support the Center of Excellence’s Sequential Intercept Model as a planning tool to strategically inform legislation, policy, planning, and funding;</text> </paragraph> <paragraph num="(3)"> <text>Locate potential federal funding streams that the Center of Excellence can apply for to support its mission;</text> </paragraph> <paragraph num="(4)"> <text>Assist in the creation of repositories of best practices throughout the state; and</text> </paragraph> <paragraph num="(5)"> <text>Perform other appropriate duties or responsibilities as recommended by the Commission to Study Mental and Behavioral Health in Maryland.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 20, 2022</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".06" heading="Juvenile Grant Planning and Review Council"> <text>(Amends Executive Order 01.01.2014.15)</text> <text>(Amended by Executive Order 01.01.2024.30)</text> <paragraph num="A."> <text>Established.</text> <paragraph num="(1)"> <text>There is a Juvenile Grant Planning and Review Council (the “Council”), which will serve as the State Advisory Group for purposes of the federal Juvenile Justice and Delinquency Prevention Act (the “Act”).</text> </paragraph> <paragraph num="(2)"> <text>The Council shall be within the Governor's Office of Crime Prevention, Youth and Victim Services, the State Administering Agency for funds received under the Act and the agency responsible for supervising the preparation and administration of the State's Juvenile Justice plan, annual updates to the plan, and awarded funds.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Procedures.</text> <paragraph num="(1)"> <text>Membership.</text> <paragraph num="(a)"> <text>The Council shall consist of not less than 15 members and not more than 33 members appointed by the Governor, consistent with the requirements of the Act.</text> </paragraph> <paragraph num="(b)"> <text>At least one-fifth of the members must be under the age of 28 at the time of appointment.</text> </paragraph> <paragraph num="(c)"> <text>At least 3 members must have been or currently be under the jurisdiction of the juvenile justice system or, if not feasible and in appropriate circumstances, the parent or guardian of someone who has been or is currently under the jurisdiction of the Juvenile Justice System, consistent with the requirements of the Act.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Executive Director of the Governor's Office of Crime Prevention, Youth, and Victim Services shall designate a member of the Council to serve as Chair.</text> </paragraph> <paragraph num="(3)"> <text>Terms.</text> <paragraph num="(a)"> <text>Members may serve up to two consecutive three-year terms, which shall be staggered upon initial appointment.</text> </paragraph> <paragraph num="(b)"> <text>A member selected to fill a vacancy serves only for the balance of a term remaining at the time of appointment.</text> </paragraph> <paragraph num="(c)"> <text>Terms end on June 30 of each year.</text> </paragraph> <paragraph num="(d)"> <text>At the end of a term, a member continues to serve until a successor is appointed.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Unless otherwise provided by law, the members of the Council shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="(5)"> <text>A majority of the Council shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(6)"> <text>The Council may adopt such other procedures, including the creation of subcommittees and workgroups, as may be necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(7)"> <text>Members appointed pursuant to §B(1)(b) and §B(1)(c) may receive stipends and expenses as deemed necessary by the majority of Council members that constitute a quorum, as provided in the State budget and in the Council’s allocation from the federal Office of Juvenile Justice and Delinquency Prevention.</text> </paragraph> <paragraph num="(8)"> <text>Members of the Council not appointed pursuant to §B(1)(b) or §B(1)(c) may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of duties, in accordance with the standard State travel regulations, as provided in the State budget, and as provided in the Council’s allocation from the federal Office of Juvenile Justice and Delinquency Prevention.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Staffing.</text> <paragraph num="(1)"> <text>The Governor's Office of Crime Prevention, Youth, and Victim Services shall provide such staff and technical assistance to the Council as necessary and appropriate, including staff to serve as the designated Juvenile Justice Specialist required under federal law and regulations.</text> </paragraph> <paragraph num="(2)"> <text>A Compliance Monitor shall ensure compliance with federal standards regarding detention of juveniles in secure detention facilities, secure correctional facilities, non-secure facilities, secure adult lockup facilities, and court holding facilities.</text> </paragraph> <paragraph num="(3)"> <text>A Racial and Ethnic Disparities (“R/ED”) Coordinator shall:</text> <paragraph num="(a)"> <text>Primarily focus on addressing R/ED within the State's Juvenile Justice System; and</text> </paragraph> <paragraph num="(b)"> <text>Provide technical assistance as necessary and appropriate.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Duties and Responsibilities.</text> <paragraph num="(1)"> <text>The Council shall perform the functions, and have the duties and responsibilities, set forth in the Act, as amended from time to time.</text> </paragraph> <paragraph num="(2)"> <text>The Council shall be afforded the opportunity to review all Title II Formula Grant applications and make recommendations, which the Executive Director will consider when making grant awards under the Act.</text> </paragraph> <paragraph num="(3)"> <text>The Council shall provide advice to the Governor's Office of Crime Prevention, Youth, and Victim Services in developing, maintaining, and expanding efforts to divert juveniles from the juvenile justice system and to provide community-based alternatives to juvenile detention and correctional facilities.</text> </paragraph> <paragraph num="(4)"> <text>The Council shall advise the Compliance Monitor, R/ED Coordinator, and Juvenile Justice Specialist when necessary.</text> </paragraph> <paragraph num="(5)"> <text>The Compliance Monitor, R/ED Coordinator, and Juvenile Justice Specialist shall advise the Council of the compliance status of all monitored facilities to ensure compliance with the Act.</text> </paragraph> <paragraph num="(6)"> <text>The Council shall perform any additional duties as directed by the Executive Director of the Governor's Office of Crime Prevention, Youth, and Victim Services on behalf of the Governor.</text> </paragraph> </paragraph> <paragraph num="E."> <text>On or before June 30 of each year, the Council shall report to the Governor, by way of the Executive Director of the Governor's Office of Crime Prevention, Youth, and Victim Services, on its activities and recommendations.</text> </paragraph> <paragraph num="F."> <text>Conflicts of Interest</text> <paragraph num="(1)"> <text>The Council shall acknowledge and abide by policies and procedures set forth by the Governor's Office of Crime Prevention, Youth, and Victim Services to guard against actual conflicts of interest or the appearance of conflicts of interest for its members when making recommendations for grant awards.</text> </paragraph> <paragraph num="(2)"> <text>The procedures shall provide that Council members may not participate in any way in consideration of, or decisions about, grants to their own organizations, organizations in which they have a financial interest, or organizations in which their family members are involved.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: June 17, 2022</annotation> </annotations> </regulation> </chapter> <chapter num="2023" heading=""> <regulation prefix="Executive Order" num=".01" heading="(Rescinds Executive Order 01.01.2015.08)"> <text>Standards of Conduct for Executive Branch Employees</text> <paragraph num="A."> <text>Employees shall exhibit exemplary conduct and use honest efforts in the performance of their duties.</text> </paragraph> <paragraph num="B."> <text>An employee shall not, except as permitted by applicable law or regulation, solicit, or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee’s agency, or whose interests may be substantially affected by the performance or nonperformance of the employee’s duties.</text> </paragraph> <paragraph num="C."> <text>Employees shall not hold financial interests that conflict with the conscientious performance of duty.</text> </paragraph> <paragraph num="D."> <text>Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.</text> </paragraph> <paragraph num="E."> <text>Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.</text> </paragraph> <paragraph num="F."> <text>Employees shall act impartially in all their affairs and shall not give preferential treatment to any private organization or individual.</text> </paragraph> <paragraph num="G."> <text>Employees shall protect and conserve State property and shall not use it for other than authorized activities.</text> </paragraph> <paragraph num="H."> <text>Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, which conflict with official Government duties and responsibilities.</text> </paragraph> <paragraph num="I."> <text>Employees shall disclose waste, fraud, abuse, and corruption to the appropriate authorities.</text> </paragraph> <paragraph num="J."> <text>Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, including federal, State, or local taxes that are imposed by law.</text> </paragraph> <paragraph num="K."> <text>Consistent with all applicable laws, all employees shall be treated with dignity and respect and shall not be discriminated against on the basis of race, color, creed, religion, ancestry, national origin, sex, age, marital status, sexual orientation, gender identity or expression, disability, or genetic information.</text> </paragraph> <paragraph num="L."> <text>Employees shall endeavor to avoid any actions creating the appearance that they are violating applicable law or the ethical standards in applicable regulations.</text> </paragraph> <paragraph num="M."> <text>Employees shall conduct intra-agency and interagency relations with civility, collaboration, and cooperation. These same principals shall apply to interactions with officials and employees of the legislative and judicial branches.</text> </paragraph> <paragraph num="N."> <text>Upon leaving State service, executive branch employees shall be bound by the restrictions of the Annotated Code of Maryland, General Provisions §5-504, with respect to lobbying and other forms of representation.</text> </paragraph> <paragraph num="O."> <text>All departments and agencies of the State shall immediately refer to the Principal Counsel or the Assistant Attorney General of the department or agency or to the Deputy Attorney General with supervisory responsibility for the Attorney General’s Criminal Investigations Division, any instance of possible criminal or unethical conduct by any employee or contractor of this State, for such action as the Office of the Attorney General deems appropriate. All departments and agencies shall also immediately advise the Chief Legal Counsel to the Governor of any such referrals.</text> </paragraph> <paragraph num="P."> <text>All departments and agencies shall require each employee to report to the Secretary or Director of such department or agency as to any arrest of an employee and as to each legal proceeding in which an employee is involved, as a party or otherwise, if the arrest or legal proceeding affects, or reflects on, the employee’s job fitness or performance.</text> </paragraph> <paragraph num="Q."> <text>Consistent with all applicable substantive and procedural laws, violations of this Executive Order are grounds for employee disciplinary action, including termination from State employment..</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 19, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".02" heading="Reorganization of State Government — The Department of Service and Civic Innovation"> <paragraph num="1."> <text>Be it ordered by the Governor of Maryland, pursuant to Article II, Section 24 of the Constitution of Maryland, that the laws of Maryland read as follows:</text> </paragraph> <paragraph num="2."> <text>And be it further ordered, that Section(s) 24-1101 through 24-1110, respectively, and the subtitle “Subtitle 11. Maryland Corps Program” of Article — Education of the Annotated Code of Maryland be transferred to be Section(s) 9-2811 through 9- 2821, respectively, and the part “Part II. Maryland Corps Program” of Article—State Government of the Annotated Code of Maryland.</text> </paragraph> <paragraph num="3."> <text>And be it further ordered, that Section(s) 9.5-201 through 9.5-206, respectively, and the subtitle “Subtitle 2. Governor’s Office on Service and Volunteerism” of Article—State Government of the Annotated Code of Maryland be renumbered to be Section (s) 9-2824 through 9-2829, respectively, and the part “Part III. Governor’s Office of Service and Volunteerism”.</text> </paragraph> <paragraph num="4."> <text>And be it further ordered, that Section(s) 9.5-204(5) through 9.5-204(10 of Article – State Government of the Annotated Code of Maryland be repealed.</text> </paragraph> <paragraph num="5."> <text>And be it further ordered, that all persons who, as of the effective date of this Order, are employed in the Maryland Corps Program or the Governor’s Office of Service and Volunteerism are hereby transferred to the Department of Service and Civic Innovation without any change or loss of rights or status, and shall retain their merit system and retirement system status.</text> </paragraph> <paragraph num="6."> <text>And be it further ordered, that any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.</text> </paragraph> <paragraph num="7."> <text>And be it further ordered, that all rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties and responsibilities associated with those functions transferred by this Order shall continue in effect under the Maryland Corps Program and the Governor’s Office of Service and Volunteerism upon transfer to the Department of Service and Civic Innovation.</text> </paragraph> <paragraph num="8."> <text>And be it further ordered, that any unexpended appropriation for the purpose of financing the Maryland Corps Program or the Governor’s Office of Service and Volunteerism shall be transferred by approved budget amendment to the Department of Service and Civic Innovation.</text> </paragraph> <paragraph num="9."> <text>And be it further ordered, that the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, shall correct, with no further action required by the General Assembly, cross-references and terminology rendered incorrect by this Executive Order. The publisher shall adequately describe any correction that is made in an editor’s note following the section affected.</text> </paragraph> <paragraph num="10."> <text>And be it further ordered, that the provisions of this Order shall in no way diminish or infringe any rights, responsibilities, power or duties conferred by the Constitution of the State of Maryland and the Annotated Code of Maryland.</text> </paragraph> <paragraph num="11."> <text>And be it further ordered, that this executive order shall become effective and have the force of law on the 19th day of January, 2023, unless specifically disapproved within 50 days after submission by a resolution of disapproval concurred in by a majority vote of all members of either House of the General Assembly.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 19, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".03" heading="Reporting of Procurement Activity and Minority Business Enterprise Compliance"> <paragraph num="A."> <text>Definitions.</text> <paragraph num="1."> <text>“Participating Agencies” means those procurement units required to report MBE participation and compliance data to the Governor’s Office of Small, Minority, and Woman Business Affairs (GOSBA).</text> </paragraph> <paragraph num="2."> <text>“Jurisdiction” means each of Maryland’s 23 counties and Baltimore City.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Within sixty (60) days of the issuance of this Executive Order, all Participating Agencies shall submit a report to the Governor detailing the Participating Agency’s procurement activity since July 1, 2022. The report shall include the following:</text> <paragraph num="1."> <text>The quantity of procurement solicitations issued;</text> </paragraph> <paragraph num="2."> <text>The quantity and the cumulative dollar value of contract awards;</text> </paragraph> <paragraph num="3."> <text>The quantity and the cumulative dollar value of contract modifications;</text> </paragraph> <paragraph num="4."> <text>The quantity and the cumulative dollar value of contract renewal options exercised;</text> </paragraph> <paragraph num="5."> <text>The quantity of procurement solicitations issued with MBE goals;</text> </paragraph> <paragraph num="6."> <text>The quantity of contract awards with MBE goals;</text> </paragraph> <paragraph num="7."> <text>The number of contracts modified that had MBE goals;</text> <paragraph num="a."> <text>The number of contracts that met their MBE goals at the time of the modification;</text> </paragraph> <paragraph num="b."> <text>The number of contracts that did not met their MBE goals at the time of the modification;</text> </paragraph> </paragraph> <paragraph num="8."> <text>The number of contracts whose renewal options were exercised that had MBE goals;</text> <paragraph num="a."> <text>The number of renewed contracts that met their MBE goals at the time of the renewal option being exercised;</text> </paragraph> <paragraph num="b."> <text>The number of renewed contracts that did not meet their MBE goals at the time of the renewal option being exercised.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Within sixty (60) days of the issuance of this Order, all Participating Agencies shall submit a report to the Governor detailing the outreach and marketing efforts to MBE firms that the Participating Agency conducted related to procurement solicitations from July 1, 2022, to the date of the issuance of this Order.</text> </paragraph> <paragraph num="D."> <text>Within sixty (60) days of the issuance of this Executive Order, the Maryland Department of Transportation, in its capacity as the State’s official MBE certification agency, shall submit a report to the Governor with the following information:</text> <paragraph num="1."> <text>By jurisdiction, the total number of businesses certified as an MBE;</text> </paragraph> <paragraph num="2."> <text>By jurisdiction, the total number of Maryland-based businesses certified as an MBE;</text> </paragraph> <paragraph num="3."> <text>By jurisdiction, the number of African American-owned businesses certified as an MBE;</text> </paragraph> <paragraph num="4."> <text>By jurisdiction, the number of Hispanic-owned businesses certified as an MBE;</text> </paragraph> <paragraph num="5."> <text>By jurisdiction, the number of Asian-owned businesses certified as an MBE;</text> </paragraph> <paragraph num="6."> <text>By jurisdiction, the number of Native American-owned businesses certified as an MBE;</text> </paragraph> <paragraph num="7."> <text>By jurisdiction, the number of Woman-owned businesses certified as an MBE; and</text> </paragraph> <paragraph num="8."> <text>By jurisdiction, the number of Disabled-owned businesses certified as an MBE</text> </paragraph> </paragraph> <paragraph num="E."> <text>Any Participating Agencies who are required to submit MBE performance and compliance reporting data to GOSBA for Fiscal Year 2022 but have not done so by the date of the issuance of this Executive Order, must submit the mandatory data to GOSBA within 15 days of the issuance of this Executive Order</text> </paragraph> <paragraph num="F."> <text>Participating Agencies shall implement this Executive Order in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="G."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, the provisions or applications of the Executive Order are severable, and all others shall remain in effect to the extent possible without the invalid provision or application.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 16, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".04" heading="Judicial Nominating Commissions"> <text>(Rescinds Executive Order 01.01.2019.05)</text> <paragraph num="A."> <text>In this Executive Order, the following words have the meanings indicated:</text> <paragraph num="(1)"> <text>“Appellate Court” means the Appellate Court of Maryland or the Supreme Court of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“County” means a county of the State or Baltimore City.</text> </paragraph> <paragraph num="(3)"> <text>“Immediate family” includes a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild, step-sibling, or any adopted relative.</text> </paragraph> <paragraph num="(4)"> <text>“Trial Court” means the District Court of Maryland or the Circuit Court for a county.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Appellate Courts Judicial Nominating Commission.</text> <paragraph num="(1)"> <text>Creation and Composition.</text> <paragraph num="a."> <text>The Appellate Courts Judicial Nominating Commission is hereby established as part of the Executive Department. It consists of seventeen persons chosen as follows:</text> <paragraph num="i."> <text>Twelve persons appointed by the Governor; and</text> </paragraph> <paragraph num="ii."> <text>Five members of the Maryland State Bar Association appointed by the Governor from 10 such persons submitted by the Association president by a date established by the Governor’s Office of Legal Counsel.</text> </paragraph> </paragraph> <paragraph num="b."> <text>No more than one lawyer from the same firm or legal office may serve on the Appellate Courts Judicial Nominating Commission at the same time.</text> </paragraph> <paragraph num="c."> <text>No person may serve on the Appellate Courts Judicial Nominating Commission while simultaneously serving on a Trial Courts Judicial Nominating Commission.</text> </paragraph> <paragraph num="d."> <text>No person may serve on the Appellate Courts Judicial Nominating Commission who:</text> <paragraph num="i."> <text>Holds an elected office in local, State, or federal government;</text> </paragraph> <paragraph num="ii."> <text>Is an employee of the Office of the Governor;</text> </paragraph> <paragraph num="iii."> <text>Hears cases as an active or senior member of the State or federal judiciary or of a State or federal commission or agency; or</text> </paragraph> <paragraph num="iv."> <text>Holds an office in a political party.</text> </paragraph> </paragraph> <paragraph num="e."> <text>In making appointments, the Governor shall consider the racial, ethnic, gender, and geographic diversity of Maryland.</text> </paragraph> <paragraph num="f."> <text>In submitting persons for appointment, the president of the Maryland State Bar Association shall consider the racial, ethnic, gender, and geographic diversity of Maryland.</text> </paragraph> <paragraph num="g."> <text>If the president of the Maryland State Bar Association submits fewer than 10 persons for appointment the Association’s appointments shall be decreased by the number not submitted and the Governor shall make the appointments.</text> </paragraph> <paragraph num="h."> <text>If a vacancy occurs on the Appellate Courts Judicial Nominating Commission by reason of death, resignation, removal, or disqualification, a successor will be appointed by the Governor.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Chair of the Appellate Courts Judicial Nominating Commission will be designated by the Governor.</text> </paragraph> <paragraph num="(3)"> <text>Terms.</text> <paragraph num="a."> <text>The terms of the members of the Appellate Courts Judicial Nominating Commission shall extend to the date of the qualification of the Governor at the next quadrennial election.</text> </paragraph> <paragraph num="b."> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </paragraph> <paragraph num="c."> <text>If the Appellate Courts Judicial Nominating Commission meets on two or more occasions during any calendar year, and if, during that year, a member fails to attend at least half of the meetings in which that member is not otherwise disqualified from participating, the member may be removed by the Governor.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>An Appellate Courts Judicial Nominating Commission member shall not be appointed to an Appellate Court during the term for which the member was appointed.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Trial Courts Judicial Nominating Commissions.</text> <paragraph num="(1)"> <text>Creation and Composition.</text> <paragraph num="a."> <text>A Trial Courts Judicial Nominating Commission is hereby established as part of the Executive Department for each of the Commission Districts set forth below:</text> <paragraph num="i."> <text>Commission District 1 – Somerset, Wicomico, and Worcester Counties;</text> </paragraph> <paragraph num="ii."> <text>Commission District 2 – Cecil, Kent, and Queen Anne’s Counties;</text> </paragraph> <paragraph num="iii."> <text>Commission District 3 – Baltimore County;</text> </paragraph> <paragraph num="iv."> <text>Commission District 4 – Harford County;</text> </paragraph> <paragraph num="v."> <text>Commission District 5 – Allegany and Garrett Counties;</text> </paragraph> <paragraph num="vi."> <text>Commission District 6 – Washington County;</text> </paragraph> <paragraph num="vii."> <text>Commission District 7 – Anne Arundel County;</text> </paragraph> <paragraph num="viii."> <text>Commission District 8 – Carroll County;</text> </paragraph> <paragraph num="ix."> <text>Commission District 9 – Howard County;</text> </paragraph> <paragraph num="x."> <text>Commission District 10 – Frederick County;</text> </paragraph> <paragraph num="xi."> <text>Commission District 11 – Montgomery County;</text> </paragraph> <paragraph num="xii."> <text>Commission District 12 – Calvert and St. Mary’s Counties;</text> </paragraph> <paragraph num="xiii."> <text>Commission District 13 – Prince George’s County;</text> </paragraph> <paragraph num="xiv."> <text>Commission District 14 – Baltimore City;</text> </paragraph> <paragraph num="xv."> <text>Commission District 15 – Charles County; and</text> </paragraph> <paragraph num="xvi."> <text>Commission District 16 – Caroline, Dorchester, and Talbot Counties.</text> </paragraph> </paragraph> <paragraph num="b."> <text>Each Trial Courts Judicial Nominating Commission shall consist of thirteen persons chosen as follows:</text> <paragraph num="i."> <text>Nine persons appointed by the Governor; and</text> </paragraph> <paragraph num="ii."> <text>Four members of the Bar Associations for the counties for which the Trial Courts Nominating Commission is responsible, appointed by the Governor from seven such persons submitted collectively by the presidents of those Associations by a date established by the Governor’s Office of Legal Counsel.</text> </paragraph> </paragraph> <paragraph num="c."> <text>No more than one lawyer from the same firm or legal office may serve on the same Trial Court Judicial Nominating Commission at the same time. The Governor’s Office of Legal Counsel may, in its sole discretion, waive this restriction.</text> </paragraph> <paragraph num="d."> <text>No person may serve on a Trial Courts Judicial Nominating Commission while simultaneously serving on the Appellate Courts Judicial Nominating Commission or another Trial Courts Judicial Nominating Commission.</text> </paragraph> <paragraph num="e."> <text>No person may serve on a Trial Courts Judicial Nominating Commission who:</text> <paragraph num="i."> <text>Holds an elected office in local, State, or federal government;</text> </paragraph> <paragraph num="ii."> <text>Is an employee of the Office of the Governor;</text> </paragraph> <paragraph num="iii."> <text>Hears cases as an active or senior member of the State or federal judiciary or of a State or federal commission or agency; or</text> </paragraph> <paragraph num="iv."> <text>Holds an office in a political party.</text> </paragraph> </paragraph> <paragraph num="f."> <text>In making appointments, the Governor shall consider the racial, ethnic, and gender diversity of the Commission District.</text> </paragraph> <paragraph num="g."> <text>In submitting persons for appointment, the presidents of the Bar Associations shall consider the racial, ethnic, and gender diversity of the Commission District.</text> </paragraph> <paragraph num="h."> <text>In selecting persons to submit for appointment, the presidents of the Bar Associations shall consult with the presidents of other bar organizations that may operate in the Commission District.</text> </paragraph> <paragraph num="i."> <text>If the presidents of the Bar Associations submit fewer than seven persons for appointment to a Trial Courts Judicial Nominating Commission, the Associations’ appointments shall be decreased by the number not submitted and the Governor shall make the appointments.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Chair of each Trial Courts Judicial Nominating Commission will be designated by the Governor.</text> </paragraph> <paragraph num="(3)"> <text>Terms.</text> <paragraph num="a."> <text>The terms of the members of each Trial Courts Judicial Nominating Commission shall extend to the date of the qualification of the Governor at the next quadrennial election.</text> </paragraph> <paragraph num="b."> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </paragraph> <paragraph num="c."> <text>If a Trial Courts Judicial Nominating Commission meets on two or more occasions during any calendar year, and if, during that year, a member fails to attend at least half of the meetings in which that member is not otherwise disqualified from participating, the member may be removed by the Governor.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If a vacancy occurs on a Trial Courts Judicial Nominating Commission by reason of the death, resignation, removal, or disqualification, a successor will be appointed by the Governor.</text> </paragraph> <paragraph num="(5)"> <text>A Trial Courts Judicial Nominating Commission member shall not be appointed to a Trial Court during the term for which the member was appointed.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Code of Conduct.</text> <paragraph num="(1)"> <text>Appellate and Trial Courts Judicial Nominating Commission members shall agree to abide by the Code of Conduct during their term of service.</text> </paragraph> <paragraph num="(2)"> <text>The Code of Conduct shall be established by the Governor’s Office of Legal Counsel and shall at a minimum include provisions relating to: impartiality, confidentiality, ex parte communications, conflicts of interest, and prohibited discriminatory practices.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The chair of each Commission may request the technical assistance of the Administrative Office of the Courts in providing:</text> <paragraph num="(1)"> <text>Training to Commission members;</text> </paragraph> <paragraph num="(2)"> <text>Notification of when a vacancy occurs or is about to occur;</text> </paragraph> <paragraph num="(3)"> <text>Standardized interview practices and questions;</text> </paragraph> <paragraph num="(4)"> <text>Recommendations as to standardized application requirements and forms; and</text> </paragraph> <paragraph num="(5)"> <text>Any other assistance the chair deems appropriate, including the provision of reasonable accommodations to Commission members or judicial applicants.</text> </paragraph> </paragraph> <paragraph num="F."> <text>For each judicial vacancy, the Governor shall:</text> <paragraph num="(1)"> <text>Reappoint the incumbent judge;</text> </paragraph> <paragraph num="(2)"> <text>Appoint an applicant who was recommended for a prior vacancy in the same position, if the appointment for the prior vacancy was made within two years of the occurrence of the current vacancy; or</text> </paragraph> <paragraph num="(3)"> <text>Accept applications from new candidates for the vacancy.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Commission Responsibilities and Procedures.</text> <paragraph num="(1)"> <text>If applications are accepted from new candidates for the vacancy, a Commission shall:</text> <paragraph num="a."> <text>Advertise the vacancy using print and electronic media, in coordination and consultation with the Administrative Office of the Courts.</text> </paragraph> <paragraph num="b."> <text>Encourage qualified candidates from diverse backgrounds including, but not limited to, race, ethnicity, gender, religion, sexual orientation, gender identity, gender expression, disability, or economic status to apply for judicial appointments;</text> </paragraph> <paragraph num="c."> <text>Encourage qualified candidates from diverse practice areas to apply for judicial appointments;</text> </paragraph> <paragraph num="d."> <text>Notify the Maryland State Bar Association and other appropriate county and specialty bar associations of the vacancy and request that they advertise the vacancy to their membership;</text> </paragraph> <paragraph num="e."> <text>Seek recommendations from interested citizens and from its own members; and</text> </paragraph> <paragraph num="f."> <text>Set a closing date for submission of applications.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If there are fewer than three applicants for a vacancy, the vacancy shall be automatically re-advertised to new candidates. If, after re-advertisement, there remain fewer than three applicants, the Governor shall determine whether to re-advertise or may direct the Commission to proceed with evaluating the applicants.</text> </paragraph> <paragraph num="(3)"> <text>A Commission shall review all applications submitted and evaluate each applicant. In the course of its evaluation, the Commission may:</text> <paragraph num="a."> <text>Seek information beyond that contained in the materials submitted by an applicant;</text> </paragraph> <paragraph num="b."> <text>Obtain pertinent information from the Attorney Grievance Commission, judges, courts, personal references given by the applicant, criminal justice agencies, knowledgeable persons known to Commission members, county or specialty bar associations, and other sources; and</text> </paragraph> <paragraph num="c."> <text>Request criminal history record information from a criminal justice agency, including the Central Repository, for the purpose of evaluating an applicant.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A Commission shall interview each applicant:</text> <paragraph num="a."> <text>In person, or</text> </paragraph> <paragraph num="b."> <text>Via video teleconference, if:</text> <paragraph num="i."> <text>Extraordinary circumstances prevent the applicant from appearing in person; and</text> </paragraph> <paragraph num="ii."> <text>The Governor gives prior approval.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>There shall be no monetary cost or Bar membership required for a candidate to be interviewed by a local bar association or specialty bar association.</text> </paragraph> <paragraph num="(6)"> <text>A Commission shall consider the applicant’s integrity, maturity, temperament, diligence, legal knowledge, intellectual ability, professional experience, community service, and any other qualifications that the Commission deems important for judicial service, as well as the importance of having a diverse and impartial judiciary.</text> </paragraph> <paragraph num="(7)"> <text>In evaluating applications to fill a vacancy on a Trial Court, the Trial Courts Judicial Nominating Commission shall give the same consideration to eligible applicants regardless of whether an applicant’s legal practice is located outside of the county in which the applicant resides.</text> </paragraph> <paragraph num="(8)"> <text>A Commission member is disqualified from participating in the consideration, evaluation, or recommending of applicants for a vacancy in which an applicant is:</text> <paragraph num="a."> <text>In the member’s immediate family;</text> </paragraph> <paragraph num="b."> <text>A current business or law partner;</text> </paragraph> <paragraph num="c."> <text>A lawyer in the same firm or legal office as the member, unless the Commission by a majority vote of the remaining Commission members determines that the member is capable of impartially considering the applicant; or</text> </paragraph> <paragraph num="d."> <text>Otherwise known to the member and the member believes they are incapable of impartially considering the applicant.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>A voting session of a Commission shall be attended by at least three-fifths of the members who are qualified to participate.</text> </paragraph> <paragraph num="(10)"> <text>No applicant may be recommended to the Governor for appointment unless by vote of a majority of members present and qualified to participate at a voting session of the appropriate Commission, as taken by secret ballot. A Commission may conduct more than one round of balloting during its deliberations.</text> </paragraph> <paragraph num="(11)"> <text>If a Commission determines that fewer than three applicants are legally and professionally qualified, the Commission shall notify the Governor, who shall direct the Commission:</text> <paragraph num="a."> <text>To re-advertise the vacancy to new candidates, or</text> </paragraph> <paragraph num="b."> <text>To submit the names of the qualified applicants.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>If a Commission determines that at least three applicants are legally and professionally qualified, it shall report in writing to the Governor the names of at least three applicants recommended by the Commission as the most fully professionally qualified to fill the vacancy. The names of these recommended applicants shall be listed in alphabetical order. The Commission shall release this list to the public concurrently with submission of its report to the Governor.</text> </paragraph> <paragraph num="(13)"> <text>Upon request of the Governor, a Commission shall reconvene for further deliberations, or re-advertise a vacancy to new applicants.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Confidentiality.</text> <paragraph num="(1)"> <text>A Commission shall not disclose to the public the names of candidates who have submitted applications to fill a vacancy until after the closing date for submission of applications.</text> </paragraph> <paragraph num="(2)"> <text>Materials submitted by an applicant, or obtained from other sources in connection with the evaluation of an applicant, are confidential and may not be released to the public.</text> </paragraph> <paragraph num="(3)"> <text>Each Commission member shall maintain the confidentiality of the Commission’s evaluation of candidates, including its interviews, deliberations, and voting, and, except as provided in Section G (12), shall not disclose the Commission’s evaluation of candidates to the public.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Reasonable accommodations shall be made for qualified Commission members or judicial applicants with a disability unless the accommodation would impose an undue hardship. Examples of a reasonable accommodation include, but are not limited to: providing, adjusting, or modifying written materials, equipment or devices; and making a readily accessible facility available for interviews.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 7, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".05" heading="Maryland Council on Innovation and Impact"> <paragraph num="A."> <text>Establishment. There is hereby established a Maryland Council on Innovation and Impact (“Council”), housed in the Executive Office of the Governor.</text> </paragraph> <paragraph num="B."> <text>Function. The principal function of the Council, to the extent permitted by law, is:</text> <paragraph num="(1)"> <text>To ensure that the resources and expertise of innovative social sector organizations can be leveraged, deployed, and aligned with the efforts of the State to meet challenges;</text> </paragraph> <paragraph num="(2)"> <text>To infuse all of the State’s innovation and impact work with the best available evidence, and to ensure the State measures results and contributes to the existing evidence base where possible.</text> </paragraph> <paragraph num="(3)"> <text>To identify and explore ways in which partnerships can be developed and strengthened, ensuring the flow of innovation, talent, and resources across social and government sectors;</text> </paragraph> <paragraph num="(4)"> <text>To identify and encourage policies that increase and sustain charitable giving, volunteerism, and State service; and</text> </paragraph> <paragraph num="(5)"> <text>To bring ideas and policy options to the Governor for developing, leveraging, and maintaining partnerships across social and government sectors to deliver community services and accelerate the pace of positive change at the community level in Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Membership.</text> <paragraph num="(1)"> <text>There shall be a Senior Advisor on Innovation and Impact who shall be appointed by the Governor and shall chair the Council.</text> </paragraph> <paragraph num="(2)"> <text>The Governor may appoint additional individuals as honorary co-chairs of the Council.</text> </paragraph> <paragraph num="(3)"> <text>The Council shall consist of the heads of the following principal departments, or their designee, and the heads of any such other principal departments as the Governor may designate:</text> <paragraph num="(a)"> <text>The Department of Health;</text> </paragraph> <paragraph num="(b)"> <text>The Department of Human Services;</text> </paragraph> <paragraph num="(c)"> <text>The Department of Juvenile Services;</text> </paragraph> <paragraph num="(d)"> <text>The Department of Housing and Community Development;</text> </paragraph> <paragraph num="(e)"> <text>The Department of Service and Civic Innovation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The head of each principal department in the Executive Branch shall designate a liaison to support the work of the Council.</text> </paragraph> <paragraph num="(5)"> <text>Other State agencies, units, and offices may be asked to participate at the invitation of the Chair.</text> </paragraph> <paragraph num="(6)"> <text>The Council shall also consist of no more than twenty-five (25) members, appointed by the Governor, representing Maryland’s broad and diverse range of innovative and impactful organizations from all sectors.</text> </paragraph> <paragraph num="(7)"> <text>Members appointed by the Governor shall serve at the pleasure of the Governor for up to two consecutive two year terms.</text> </paragraph> <paragraph num="(8)"> <text>Council members shall serve without compensation.</text> </paragraph> <paragraph num="(9)"> <text>Staff members from the Office of the Governor and Lieutenant Governor will also be regular participants.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Duties.</text> <paragraph num="(1)"> <text>The Council shall continuously identify and explore the ways in which the relationship between social sector organizations, companies, and State government can be strengthened and improved;</text> </paragraph> <paragraph num="(2)"> <text>The Council shall foster and maintain relationships with social sector organizations;</text> </paragraph> <paragraph num="(3)"> <text>The Council shall develop recommendations for leveraging powerful cross-sector partnerships, including policy, regulatory, or legislative recommendations to facilitate such partnerships;</text> </paragraph> <paragraph num="(4)"> <text>The Council shall update the Governor within six months of this Executive Order, and biannually thereafter, on the Council’s efforts, goals, and impact on the state and residents.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Council Chair shall:</text> <paragraph num="(a)"> <text>Oversee the implementation of this Executive Order and the work of the Council;</text> </paragraph> <paragraph num="(b)"> <text>Determine the Council’s agenda; and</text> </paragraph> <paragraph num="(c)"> <text>Identify additional support as needed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Council Chair may adopt other procedures as necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(3)"> <text>The Council may seek advice and recommendations from an Advisory Board. The Council Chair will select members of the Advisory Board that have a deep understanding of issues facing the citizens and State of Maryland and experience in local, national, or international organizations. Advisory Board members shall provide such advice and recommendations voluntarily, free of any compensation.</text> </paragraph> <paragraph num="(4)"> <text>The Council shall meet on a quarterly basis, or more frequently if the members deem appropriate.</text> </paragraph> <paragraph num="(5)"> <text>A majority of the Council members present shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(6)"> <text>The Executive Office of the Governor shall provide administrative support for the Council, consistent with applicable law and subject to the availability of appropriations.</text> </paragraph> <paragraph num="(7)"> <text>The Council shall submit an annual report to the Governor and the public outlining the achievements of each partnership.</text> </paragraph> </paragraph> <paragraph num="F."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="G."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 5, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".06" heading="Leading by Example in State Government"> <text>(Rescinds Executive Order 01.01.2018.08)</text> <paragraph num="A."> <text>There is an energy-savings initiative with the goal of, by Fiscal Year 2031, reducing energy consumption in State-owned buildings by 20 percent compared to a Fiscal Year 2018 baseline.</text> </paragraph> <paragraph num="B."> <text>The Maryland Green Building Council shall update the High-Performance Green Building Program to ensure that all new buildings and major renovations subject to the Program align with the State’s goal to achieve net zero greenhouse gas emissions by 2045.</text> </paragraph> <paragraph num="C."> <text>DGS shall identify potential candidates for energy savings performance contracts at State-owned facilities, and agencies shall provide onsite support to work with DGS at facilities that DGS identifies as suitable candidates.</text> </paragraph> <paragraph num="D."> <text>Each year, DGS shall analyze all State-owned buildings to identify the buildings with the highest energy use per square foot and the greatest greenhouse gas emissions.</text> </paragraph> <paragraph num="E."> <text>Audit.</text> <paragraph num="(1)"> <text>Each year, DGS shall conduct an energy and greenhouse gas emissions audit of at least 2 million square feet of State-owned buildings.</text> </paragraph> <paragraph num="(2)"> <text>The audit shall include best practices and identify low-cost measures for increasing energy efficiency and reducing greenhouse gas emissions.</text> </paragraph> <paragraph num="(3)"> <text>A copy of the audit shall be provided to the head of each unit of State government that occupies the space audited.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Each unit of state government that occupies the space audited shall, to the fullest extent practicable, implement the measures identified in the audit.</text> </paragraph> <paragraph num="G."> <text>For one year following such implementation, DGS shall monitor the unit’s energy use and greenhouse gas emissions, track any changes resulting from the measures, and calculate any savings on energy costs and or reductions in emissions.</text> </paragraph> <paragraph num="H."> <text>Utility Database.</text> <paragraph num="(1)"> <text>Reductions in energy consumption and greenhouse gas emissions resulting from the energy-savings initiative shall be recorded in a Comprehensive Utility Records Management Database (the “Utility Database”).</text> </paragraph> <paragraph num="(2)"> <text>Each unit of State government shall, each month, or upon request, provide DGS with access to available data about its facility and copies of the unit’s utility bills.</text> </paragraph> <paragraph num="(3)"> <text>DGS shall report to the Governor’s Office annually on each unit of the State government’s data compliance.</text> </paragraph> <paragraph num="(4)"> <text>DGS shall gather the data and information necessary to fully populate, update, and maintain the Utility Database.</text> </paragraph> </paragraph> <paragraph num="I."> <text>All units of State government shall, in support of their core missions, implement projects and initiatives to conserve energy and reduce their greenhouse gas emissions.</text> </paragraph> <paragraph num="J."> <text>Provisions promoting the State’s energy efficiency and greenhouse gas emissions reduction goals shall be included in requests for proposals that:</text> <paragraph num="(1)"> <text>Are made after the date of this Executive Order;</text> </paragraph> <paragraph num="(2)"> <text>Are for the leasing of space to the State; and</text> </paragraph> <paragraph num="(3)"> <text>Would obligate the State to pay the utility bills for the leased space.</text> </paragraph> </paragraph> <paragraph num="K."> <text>DGS shall report to the Governor each fiscal year on the State’s progress toward achieving the 20 percent reduction goal.</text> </paragraph> <paragraph num="L."> <text>Executive Order 01.01.2018.08 is hereby rescinded.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 17, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".07" heading="Leading by Example in State Government"> <text>(Rescinds Executive Order 01.01.2019.08)</text> <text>(Amends Executive Order 01.01.2023.06)</text> <text>(Reinstating Executive Order 01.01.2018.08)</text> <paragraph num="A."> <text>There is an energy-savings initiative with the goal of, by Fiscal Year 2031, reducing energy consumption in State-owned buildings by 20 percent compared to a Fiscal Year 2018 baseline.</text> </paragraph> <paragraph num="B."> <text>The Maryland Green Building Council shall update the High-Performance Green Building Program to ensure that all new buildings and major renovations subject to the Program align with the State’s goal to achieve net zero greenhouse gas emissions by 2045.</text> </paragraph> <paragraph num="C."> <text>DGS shall identify potential candidates for energy savings performance contracts at State-owned facilities, and agencies shall provide onsite support to work with DGS at facilities that DGS identifies as suitable candidates.</text> </paragraph> <paragraph num="D."> <text>Each year, DGS shall analyze all State-owned buildings to identify the buildings with the highest energy use per square foot and the greatest greenhouse gas emissions.</text> </paragraph> <paragraph num="E."> <text>Audit.</text> <paragraph num="(1)"> <text>Each year, DGS shall conduct an energy and greenhouse gas emissions audit of at least 2 million square feet of State-owned buildings.</text> </paragraph> <paragraph num="(2)"> <text>The audit shall include best practices and identify low-cost measures for increasing energy efficiency and reducing greenhouse gas emissions.</text> </paragraph> <paragraph num="(3)"> <text>A copy of the audit shall be provided to the head of each unit of State government that occupies the space audited.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Each unit of state government that occupies the space audited shall, to the fullest extent practicable, implement the measures identified in the audit.</text> </paragraph> <paragraph num="G."> <text>For one year following such implementation, DGS shall monitor the unit’s energy use and greenhouse gas emissions, track any changes resulting from the measures, and calculate any savings on energy costs and or reductions in emissions.</text> </paragraph> <paragraph num="H."> <text>Utility Database.</text> <paragraph num="(1)"> <text>Reductions in energy consumption and greenhouse gas emissions resulting from the energy-savings initiative shall be recorded in a Comprehensive Utility Records Management Database (the “Utility Database”).</text> </paragraph> <paragraph num="(2)"> <text>Each unit of State government shall, each month, or upon request, provide DGS with access to available data about its facility and copies of the unit’s utility bills.</text> </paragraph> <paragraph num="(3)"> <text>DGS shall report to the Governor’s Office annually on each unit of the State government’s data compliance.</text> </paragraph> <paragraph num="(4)"> <text>DGS shall gather the data and information necessary to fully populate, update, and maintain the Utility Database.</text> </paragraph> </paragraph> <paragraph num="I."> <text>All units of State government shall, in support of their core missions, implement projects and initiatives to conserve energy and reduce their greenhouse gas emissions.</text> </paragraph> <paragraph num="J."> <text>Provisions promoting the State’s energy efficiency and greenhouse gas emissions reduction goals shall be included in requests for proposals that:</text> <paragraph num="(1)"> <text>Are made after the date of this Executive Order;</text> </paragraph> <paragraph num="(2)"> <text>Are for the leasing of space to the State; and</text> </paragraph> <paragraph num="(3)"> <text>Would obligate the State to pay the utility bills for the leased space.</text> </paragraph> </paragraph> <paragraph num="K."> <text>DGS shall report to the Governor each fiscal year on the State’s progress toward achieving the 20 percent reduction goal.</text> </paragraph> <paragraph num="L."> <text>Executive Order 01.01.2019.08 is hereby rescinded.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 19, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".08" heading="Protecting the Right to Seek Gender-Affirming Treatment in Maryland"> <paragraph num="A."> <text>Definitions.</text> <paragraph num="1."> <text>“Gender-Affirming Treatment” means any medically necessary treatment consistent with current clinical standards of care prescribed by a licensed health care provider for the treatment of a condition related to the individual's gender identity.</text> </paragraph> <paragraph num="2."> <text>“State Agency” means a department, agency, commission, board, council, or other body of state government subject to the direction and supervision of the Governor.</text> </paragraph> </paragraph> <paragraph num="B."> <text>All state agencies shall, to the fullest extent within their authority, take whatever action is necessary and coordinate to protect people or entities in Maryland providing, receiving, assisting in providing or receiving, seeking, or traveling to obtain gender-affirming treatment.</text> </paragraph> <paragraph num="C."> <text>Except as required by court order issued by a Maryland or federal court, or as required by Maryland or federal law, no state agency shall provide information, including patient medical records, patient-level data, or related billing information, or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity solely for:</text> <paragraph num="1."> <text>The provision of, securing of, receipt of, inquiry into, or responding to any inquiry concerning gender-affirming treatment that is permitted under the laws of this State; or</text> </paragraph> <paragraph num="2."> <text>The provision of any assistance to any individual or entity that relates to the provision of, securing of, receipt of, inquiry into, or responding to any inquiry concerning gender-affirming treatment that is permitted under the laws of this State; or</text> </paragraph> <paragraph num="3."> <text>Traveling to Maryland to obtain, provide, receive, or inquire into gender-affirming treatment that is permitted under the laws of this State.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Except as required by a court order issued by a Maryland or federal court, or as required by Maryland or federal law, no state agency shall comply with a subpoena issued by another state, knowing that the subpoena seeks information solely because an individual or entity provided, received, assisted in providing or receiving, sought, inquired or responded to an inquiry about, or traveled to Maryland to obtain gender-affirming treatment that is permitted under the laws of this State for themselves or a child for whom they are the parent or legal guardian.</text> </paragraph> <paragraph num="E."> <text>Pursuant to the discretion afforded me under § 9-106(a) of the Criminal Procedure Article of the Maryland Code, I shall refuse to surrender, on demand of the executive authority of any other state, any person who: (i) is found in this State; (ii) was not present in the demanding state at the time of the commission of the alleged offense and has not fled therefrom; and (iii) is charged with a criminal violation of a law of another state where the violation alleged involves the provision of, assistance with, securing of, or receipt of gender- affirming treatment that is permitted under the laws of this State.</text> </paragraph> <paragraph num="F."> <text>Except when in conflict with any State or federal laws, a health occupations board shall not refuse to admit a person to an examination and shall not revoke, suspend, discipline, take an adverse action against, or refuse to issue or renew a license, certification, or other authorization to practice for any health care practitioner in whole or in part because of the provision of, authorization of, participation in, referral for, or assistance with gender-affirming treatment for a person who resides in a jurisdiction where the provision, authorization, participation, referral, or assistance is illegal, if the provision, authorization, participation, referral, or assistance would not be a basis for refusing to admit a person to an examination or for revoking, suspending, disciplining, taking an adverse action against, or refusing to issue or renew a license, certification, or other authorization to practice in this State.</text> </paragraph> <paragraph num="G."> <text>This Executive Order shall not be construed to preclude a health occupations board from investigating an alleged violation of the applicable practice act by a Maryland-licensed practitioner that occurs in Maryland or from taking appropriate action against that practitioner.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: June 5, 2023.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".09" heading="Maryland Economic Council"> <paragraph num="A."> <text>Establishment. There is hereby established a Maryland Economic Council (“Council”).</text> </paragraph> <paragraph num="B."> <text>Membership. The Council shall consist of the following members:</text> <paragraph num="(1)"> <text>The Lieutenant Governor or the Lieutenant Governor’s designee;</text> </paragraph> <paragraph num="(2)"> <text>The Secretary of Budget & Management or the Secretary’s designee;</text> </paragraph> <paragraph num="(3)"> <text>The Secretary of Commerce or the Secretary’s designee;</text> </paragraph> <paragraph num="(4)"> <text>The Chief Data Officer or the Chief Data Officer’s designee;</text> </paragraph> <paragraph num="(5)"> <text>The Secretary of Labor or the Secretary’s designee;</text> </paragraph> <paragraph num="(6)"> <text>No fewer than five (5) and no more than fifteen (15) members, appointed by the Governor, with training, knowledge, and experience in analyzing and interpreting economic data, developments and trends, appraising programs and activities of the government, recommending economic policy in light of the international, national and State macroeconomic environment, and proposing strategies to build a more equitable economy; and</text> </paragraph> <paragraph num="(7)"> <text>Such other officials of executive departments and agencies as the Governor may from time to time designate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Chair. The Governor shall appoint the Chair from among the members. The Chair shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="D."> <text>Meetings of the Council.</text> <paragraph num="(1)"> <text>The Council shall meet as often as its duties require, but no less than quarterly.</text> </paragraph> <paragraph num="(2)"> <text>The Council Chair may convene meetings of the Council and shall preside over the meetings.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Functions. The principal functions of the Council are to provide economic policy advice and recommendations to the Governor by:</text> <paragraph num="(1)"> <text>Identifying and tracking the underlying economic factors impacting the macroeconomic environment (such as interest rates, systematic risks in the banking system, disruptions to the global supply chain, gross domestic product, unemployment rates, and inflation);</text> </paragraph> <paragraph num="(2)"> <text>Analyzing the projected impacts of State policy issues, such as tax policy and specific investment proposals, on the competitiveness of the State’s economy and strengthening key economic metrics;</text> </paragraph> <paragraph num="(3)"> <text>Evaluating the State’s current economic development policies and activities to identify additional techniques to foster greater economic and business development and support commerce;</text> </paragraph> <paragraph num="(4)"> <text>Examining existing economic policy instrumentalities, boards and commissions within the State (including, but not limited to, the Maryland Economic Development Corporation (MEDCO), Maryland Technology Development Corporation (TEDCO), and Maryland Economic Development Commission (MEDC)), develop a plan to coordinate each entity’s distinct mandates, and identify potential areas for collaboration to meet desired goals;</text> </paragraph> <paragraph num="(5)"> <text>Reviewing current economic policies through an equitable lens to ensure fairness and help eliminate the racial wealth gap; and,</text> </paragraph> <paragraph num="(6)"> <text>Assessing and highlighting the economic and competitive impact of Maryland’s commitment to policies of inclusivity, openness, and diversity.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Administration.</text> <paragraph num="(1)"> <text>The Council may function through established or ad hoc committees.</text> </paragraph> <paragraph num="(2)"> <text>The Council shall be staffed by the Maryland Department of Commerce. The Council shall have such staff and other assistance as may be necessary to carry out the provisions of this order.</text> </paragraph> <paragraph num="(3)"> <text>All executive departments and agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request, to the extent permitted by law.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Council Chair shall:</text> <paragraph num="a."> <text>Oversee the implementation of this Executive Order and the work of the Council;</text> </paragraph> <paragraph num="b."> <text>Determine the Council’s agenda; and</text> </paragraph> <paragraph num="c."> <text>Identify additional support as needed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Council Chair may adopt bylaws, rules, and other procedures necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(3)"> <text>A majority of the members present shall constitute a quorum for the transaction of any business of the Council.</text> </paragraph> <paragraph num="(4)"> <text>The Council shall submit an annual report to the Governor on or before January 1, 2024, and by October 1st each year thereafter, outlining the current economic conditions impacting the macroeconomic environment, evaluating their impact on Maryland’s economy, and recommending courses of action consistent with its’ duties under section E of this order.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Duration. This Executive Order shall remain in effect until January 20, 2027, unless earlier modified or rescinded by the Governor.</text> </paragraph> <paragraph num="I."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="J."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: June 8, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".10" heading="Maryland 250 Commission"> <text>(Rescinds Executive Order 01.01.2021.03)</text> <text>(Amended by Executive Order 01.01.2024.29)</text> <paragraph num="I."> <text>There is a Maryland 250 Commission (the “Commission”).</text> </paragraph> <paragraph num="II."> <text>Membership</text> <paragraph num="A."> <text>The Commission shall consist of the following members:</text> <paragraph num="1."> <text>The Lieutenant Governor;</text> </paragraph> <paragraph num="2."> <text>The Secretary of Budget and Management, or the Secretary’s designee;</text> </paragraph> <paragraph num="3."> <text>The Secretary of Commerce, or the Secretary’s designee;</text> </paragraph> <paragraph num="4."> <text>The Secretary of General Services, or the Secretary’s designee;</text> </paragraph> <paragraph num="5."> <text>The Secretary of Natural Resources, or the Secretary’s designee;</text> </paragraph> <paragraph num="6."> <text>The Secretary of Planning, or the Secretary’s designee;</text> </paragraph> <paragraph num="7."> <text>The Secretary of Service and Civic Innovation, or the Secretary’s designee;</text> </paragraph> <paragraph num="8."> <text>The Secretary of State, or the Secretary’s designee;</text> </paragraph> <paragraph num="9."> <text>The Secretary of Veterans Affairs, or the Secretary’s designee;</text> </paragraph> <paragraph num="10."> <text>The State Superintendent of Schools, or the Superintendent’s designee;</text> </paragraph> <paragraph num="11."> <text>The State Archivist, or the Archivist’s designee;</text> </paragraph> <paragraph num="12."> <text>The State Historic Preservation Officer, or the Officer’s designee;</text> </paragraph> <paragraph num="13."> <text>The Executive Director of the Governor’s Office of Community Initiatives, or the Executive Director’s designee;</text> </paragraph> <paragraph num="14."> <text>The Executive Director, Maryland State Arts Council, or the Executive Director’s designee;</text> </paragraph> <paragraph num="15."> <text>The Administrative Director of the Maryland Commission on Indian Affairs, or the Administrative Director’s designee;</text> </paragraph> <paragraph num="16."> <text>The Executive Director of the Maryland Commission on African American History and Culture, or the Executive Director’s designee;</text> </paragraph> <paragraph num="17."> <text>The Director of the Maryland Commission for Women, or the Director’s designee; and</text> </paragraph> <paragraph num="18."> <text>Up to five members of the general public appointed by the Governor.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The following are invited to be, and shall be upon acceptance, members of the Commission:</text> <paragraph num="1."> <text>Two members appointed by the President of the Maryland Senate;</text> </paragraph> <paragraph num="2."> <text>Two members appointed by the Speaker of the Maryland House of Delegates;</text> </paragraph> <paragraph num="3."> <text>The Executive Director of the Maryland Association of Counties, or Executive Director’s designee;</text> </paragraph> <paragraph num="4."> <text>The Executive Director of the Maryland Municipal League, or Executive Director’s designee; and</text> </paragraph> <paragraph num="5."> <text>Up to three members from the nonprofit community, selected from the Maryland Center for History and Culture, the Maryland Humanities Council, Preservation Maryland, or other similar organizations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Governor shall appoint the Chair and the Vice Chair of the Commission.</text> </paragraph> <paragraph num="D."> <text>Members serve at the pleasure of the Governor.</text> </paragraph> </paragraph> <paragraph num="III."> <text>The Maryland Department of Planning shall provide the Commission with resources and staff as feasible and necessary for administering and facilitating the work of the Commission.</text> </paragraph> <paragraph num="IV."> <text>Members of the Commission may not receive any compensation for their services but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.</text> </paragraph> <paragraph num="V."> <text>The Commission shall:</text> <paragraph num="A."> <text>Adopt administrative and financial procedures for the transaction of business, including, but not limited to, the establishment of advisory groups, committees, or working groups that address the themes of history, service, and civics.</text> </paragraph> <paragraph num="B."> <text>Hold at a minimum semi-annual meetings,</text> <paragraph num="1."> <text>At times and places to be determined by the Chair;</text> </paragraph> <paragraph num="2."> <text>That are conducted in accordance with the Open Meetings Act; and</text> </paragraph> <paragraph num="3."> <text>That allow for remote meetings and electronic voting.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Coordinate, engage, and liaise with the U.S. Semiquincentennial Commission, and other local, county, and state commissions, and private and public partner organizations.</text> </paragraph> <paragraph num="D."> <text>Serve as the State of Maryland’s official representative for the Semiquincentennial, and all related activities, communications, and events.</text> </paragraph> <paragraph num="E."> <text>Solicit, accept, use and dispose of donations, funds and gifts in conformance with the Public Ethics Law, to support the goals and purposes of the Commission.</text> </paragraph> <paragraph num="F."> <text>Invite broad-based public input on the meaning, significance, and opportunities of this anniversary that will inform development of commemoration activities, programs, and events.</text> </paragraph> <paragraph num="G."> <text>Acknowledge that the confiscation of Indigenous land and displacement of Indigenous people is central to the United States’ origin story and recognize the persistence and contributions of these communities today.</text> </paragraph> <paragraph num="H."> <text>Honor the legacy of both free and enslaved African Americans in the making of Maryland and the nation, whose untold stories of heroism and perseverance are critical to the understanding of our shared past and present.</text> </paragraph> <paragraph num="I."> <text>Support the identification and enhancement of cultural assets that tell the story of who we are as Marylanders and promote place-based visitor experiences for residents and visitors alike.</text> </paragraph> <paragraph num="J."> <text>Engage youth, new Americans, and lifelong learners in programs designed to encourage the search for meaning behind America and deepen engagement in civic life.</text> </paragraph> <paragraph num="K."> <text>Celebrate service to country and community, and create opportunities that promote social responsibility, compassion and understanding that will unite and strengthen Maryland’s diverse communities for the benefit of all.</text> </paragraph> </paragraph> <paragraph num="VI."> <text>The Commission shall further:</text> <paragraph num="A."> <text>Submit an Action Plan to the Governor and General Assembly by December 31, 2023, that outlines the Commission’s goals, mission, and recommendations; and</text> </paragraph> <paragraph num="B."> <text>Produce by December 31 of each year an annual report to the Governor and General Assembly that includes an update on the Action Plan, implementation benchmarks, related deadlines and schedules, and an accounting and enumeration of all contracts, donations, and gifts.</text> </paragraph> </paragraph> <paragraph num="VII."> <text>The Commission shall terminate on December 31, 2027.</text> </paragraph> <paragraph num="VIII."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="IX."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: July 3, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".11" heading="Governor’s Council on the Chesapeake and Coastal Bays Watershed"> <text>(Amends Executive Order 01.01.1985.02)</text> <paragraph num="A."> <text>Establishment. There is a Governor’s Council on the Chesapeake and Coastal Bays Watershed (“Council”).</text> </paragraph> <paragraph num="B."> <text>Membership. The Council shall consist of the following members:</text> <paragraph num="(1)"> <text>The Secretary of Natural Resources;</text> </paragraph> <paragraph num="(2)"> <text>The Secretary of the Environment;</text> </paragraph> <paragraph num="(3)"> <text>The Secretary of Health;</text> </paragraph> <paragraph num="(4)"> <text>The Secretary of Agriculture;</text> </paragraph> <paragraph num="(5)"> <text>The Secretary of Planning;</text> </paragraph> <paragraph num="(6)"> <text>The Director of the Maryland Energy Administration;</text> </paragraph> <paragraph num="(7)"> <text>The Executive Director of the Maryland Environmental Service;</text> </paragraph> <paragraph num="(8)"> <text>The State’s Chief Resilience Officer; and</text> </paragraph> <paragraph num="(9)"> <text>Other officials of the Executive Branch that the Governor may designate.</text> </paragraph> <paragraph num="(10)"> <text>The President of the University of Maryland Center for Environmental Sciences is invited to be, and shall be upon acceptance, a member of the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Chair. The Governor shall appoint a Chair from among the members of the Council.</text> </paragraph> <paragraph num="D."> <text>Meetings of the Council.</text> <paragraph num="(1)"> <text>The Council shall meet at least quarterly to receive information and discuss issues of Chesapeake and Coastal Bays Watershed management.</text> </paragraph> <paragraph num="(2)"> <text>The Council Chair may convene meetings of the Council and shall preside over the meetings.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Functions. The principal functions of the Council are to:</text> <paragraph num="(1)"> <text>Advise and provide periodic recommendations to the Governor about matters related to the management of the Chesapeake and Coastal Bays Watershed and surrounding areas, including but not limited to:</text> <paragraph num="a."> <text>Progress in meeting the annual Statewide implementation plan;</text> </paragraph> <paragraph num="b."> <text>Need for programmatic and budgetary adjustments;</text> </paragraph> <paragraph num="c."> <text>The results and conduct of Chesapeake and Coastal Bays Watershed monitoring programs;</text> </paragraph> <paragraph num="d."> <text>Establishment of annual Chesapeake and Coastal Bays Watershed research priorities; and</text> </paragraph> <paragraph num="e."> <text>Maryland's participation on regional issues of Chesapeake and Coastal Bays Watershed management;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Promote interagency coordination and integration of Chesapeake and Coastal Bays Watershed related programs to:</text> <paragraph num="a."> <text>Guide the State’s restoration and water quality improvement programs consistent with the most up-to-date scientific knowledge and technologies;</text> </paragraph> <paragraph num="b."> <text>Accelerate the restoration of the Chesapeake and Atlantic Coastal Bays and local watersheds to ensure that all Marylanders have clean drinking water and accessible clean waterways;</text> </paragraph> <paragraph num="c."> <text>Promote equity by focusing on the long-term, collective benefits of healthy watersheds and their connection to the health of Maryland’s environment, economy and people;</text> </paragraph> <paragraph num="d."> <text>Ensure that investments in watershed restoration provide important climate resiliency benefits; and</text> </paragraph> <paragraph num="e."> <text>Develop strategies to address the challenges and opportunities that the State’s population growth presents to Bay restoration and the environment overall;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Develop and oversee the State’s coordinated environmental, cultural and natural resources infrastructure while pursuing innovative partnerships and funding opportunities;</text> </paragraph> <paragraph num="(4)"> <text>Seek regular input of Maryland citizens and stakeholders, particularly those representing underserved and overburdened communities.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Administration.</text> <paragraph num="(1)"> <text>The Council may establish working groups as necessary.</text> </paragraph> <paragraph num="(2)"> <text>The Council shall be staffed by Executive Department staff.</text> </paragraph> <paragraph num="(3)"> <text>The Council shall establish appropriate procedures to seek advice on issues related to research, management, and public participation.</text> </paragraph> </paragraph> <paragraph num="G."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="H."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: July 20, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".12" heading="Maryland’s Oyster Shell and Substrate Taskforce"> <paragraph num="A."> <text>Establishment. There is a Maryland’s Oyster Shell and Substrate Taskforce (“Taskforce”), housed in the Department of Natural Resources.</text> </paragraph> <paragraph num="B."> <text>Membership. The Taskforce shall be comprised of members, appointed by the Governor, representing the following sectors:</text> <paragraph num="(1)"> <text>The Secretary of Natural Resources or their designee;</text> </paragraph> <paragraph num="(2)"> <text>The Secretary of Commerce or their designee;</text> </paragraph> <paragraph num="(3)"> <text>A local government official;</text> </paragraph> <paragraph num="(4)"> <text>The University of Maryland Center for Environmental Science;</text> </paragraph> <paragraph num="(5)"> <text>A commercial waterman;</text> </paragraph> <paragraph num="(6)"> <text>A recreational fisherman;</text> </paragraph> <paragraph num="(7)"> <text>An economist from one of the State’s Historically Black Colleges and Universities;</text> </paragraph> <paragraph num="(8)"> <text>The Oyster Recovery Partnership;</text> </paragraph> <paragraph num="(9)"> <text>A seafood company owner;</text> </paragraph> <paragraph num="(10)"> <text>A private oyster hatchery owner;</text> </paragraph> <paragraph num="(11)"> <text>The State’s aquaculture industry; and</text> </paragraph> <paragraph num="(12)"> <text>The State’s conservation community.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Chair. The Governor shall appoint a Chair from among the members of the Taskforce. The Chair shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="D."> <text>Functions. The principal functions of the Taskforce are to:</text> <paragraph num="(1)"> <text>Identify strategies and solutions to retain shell, increase abundance and create an overall additive situation for oyster substrate across the Chesapeake Bay;</text> </paragraph> <paragraph num="(2)"> <text>Evaluate strategies based on the ability to meet the demand from the public fishery, aquaculture industry and restoration component in the near term and focusing on meeting needs for the growth of all three components; and</text> </paragraph> <paragraph num="(3)"> <text>Evaluate the economic impacts substrate has on the State and develop recommendations that take into consideration costs and benefits for the fishery.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Taskforce shall meet monthly.</text> </paragraph> <paragraph num="(2)"> <text>The Taskforce Chair may convene meetings of the Taskforce and shall preside over the meetings.</text> </paragraph> <paragraph num="(3)"> <text>A majority of the Taskforce members shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(4)"> <text>The Taskforce may adopt other procedures as necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(5)"> <text>The Taskforce shall be staffed by the Department of Natural Resources.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Reports.</text> <paragraph num="(1)"> <text>The Taskforce shall submit a report to the Governor containing recommendations for achieving a positive oyster shell and substrate environment by December 1, 2024.</text> </paragraph> <paragraph num="(2)"> <text>The Taskforce shall hire a consultant to facilitate the reporting to the Governor, in a manner consistent with applicable law and subject to the availability of appropriations.</text> </paragraph> </paragraph> <paragraph num="G."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="H."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: July 20, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".16" heading="State of Maryland Workplace Substance Abuse Policy"> <text>(Rescinds Executive Order 01.01.1991.16)</text> <paragraph num="A."> <text>This policy applies to all individuals employed by the Executive Branch of the Maryland State Government.</text> </paragraph> <paragraph num="B."> <text>The following words have the meanings indicated:</text> <paragraph num="1."> <text>“Alcohol” means any form of ethanol, or any beverage or substance containing ethanol.</text> </paragraph> <paragraph num="2."> <text>“Alcohol-Related Offense” means a crime that requires alcohol possession or consumption as an element of the offense.</text> </paragraph> <paragraph num="3."> <text>“Cannabis” means the plant Cannabis Sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis. Cannabis includes cannabis products but does not include hemp or hemp products as defined by § 14–101 of the Agriculture Article.</text> </paragraph> <paragraph num="4."> <text>“Cannabis-Related Offense” means any crime that involves the use, sale, possession, distribution, dispensation, manufacture, or transfer of cannabis under Md. Code Ann., Crim. Law §§ 5-101 through 5-1101, excluding civil use offenses set forth in Crim. Law 5-601(c)(2)(ii).</text> </paragraph> <paragraph num="5."> <text>“Controlled Dangerous Substance” means any substance, excluding cannabis, that is controlled under the Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., as amended, and/or the Maryland Controlled Dangerous Substances Act, Md. Code Ann., Crim. Law §§ 5-101 through 5-1101.</text> </paragraph> <paragraph num="6."> <text>“Controlled Dangerous Substance Offense” means:</text> <paragraph num="a."> <text>A controlled dangerous substance violation, under Md. Code Ann., Crim. Law §§ 5-101 through 5-1101.</text> </paragraph> <paragraph num="b."> <text>An offense of the law of any other jurisdiction if the prohibited conduct would be a controlled dangerous substance violation if committed in this State;</text> </paragraph> <paragraph num="c."> <text>Driving or attempting to drive while under the influence of a controlled dangerous substance under Md. Code Ann., Transp. § 21-902; or</text> </paragraph> <paragraph num="d."> <text>Operating or attempting to operate a vessel while impaired by a controlled dangerous substance under Md. Code Ann., Nat. Res. § 8-738.</text> </paragraph> </paragraph> <paragraph num="7."> <text>“Conviction” means:</text> <paragraph num="a."> <text>A judgment of conviction, whether entered upon a finding of guilt or acceptance of a guilty plea or plea of nolo contendere, and the imposition of sentence; or</text> </paragraph> <paragraph num="b."> <text>The staying of the entry of judgment and the placing of the defendant on probation after a finding of guilty or the acceptance of a plea of nolo contendere.</text> </paragraph> </paragraph> <paragraph num="8."> <text>“Drug” means any controlled dangerous substance, non-prescription drug, or prescription drug, taken into the body, which may impair one’s mental faculties and/or change one’s mood and/or physical performance.</text> </paragraph> <paragraph num="9."> <text>“Drug-Related Offenses” means:</text> <paragraph num="a."> <text>Crimes listed under the Maryland Controlled Dangerous Substances Act, Md. Code Ann., Crim. Law §§ 5-101 through 5-1101.</text> </paragraph> <paragraph num="b."> <text>Driving or attempting to drive while under the influence of drugs or drugs and alcohol under Md. Code Ann., Transp. § 21-902.</text> </paragraph> <paragraph num="c."> <text>Operating or attempting to operate a vessel while under the influence of drugs or drugs and alcohol under Md. Code Ann., Nat. Res. § 8-738.</text> </paragraph> </paragraph> <paragraph num="10."> <text>“Employee” means:</text> <paragraph num="a."> <text>A merit-protected (classified), at will (unclassified), contractual, key employee, or other employee or official in the Executive Branch;</text> </paragraph> <paragraph num="b."> <text>A volunteer who provides a service to or for a unit in the Executive Branch; or</text> </paragraph> <paragraph num="c."> <text>A member of a Board or Commission in the Executive Branch.</text> </paragraph> </paragraph> <paragraph num="11."> <text>“Impaired” means reduced cognitive or physical ability that results from use of drugs, alcohol, cannabis, or controlled dangerous substances.</text> </paragraph> <paragraph num="12."> <text>“Intoxicating Cannabinoid” means a product intended for human consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol per serving.</text> </paragraph> <paragraph num="13."> <text>“Medical Cannabis” means all parts of any plant of the genus cannabis, whether growing or not, including:</text> <paragraph num="a."> <text>The seeds of the plant;</text> </paragraph> <paragraph num="b."> <text>The resin extracted from any part of the plant; and</text> </paragraph> <paragraph num="c."> <text>Any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including tetrahydrocannabinol and all other naturally produced cannabinoid derivatives, whether produced directly or indirectly by extraction.</text> </paragraph> <paragraph num="d."> <text>Medical cannabis does not include:</text> <paragraph num="i."> <text>Hemp, as defined in Md. Code Ann., Agric. § 14-101;</text> </paragraph> <paragraph num="ii."> <text>Mature stalks of the plant or fiber produced from the mature stalks;</text> </paragraph> <paragraph num="iii."> <text>Oil or cake made from the seeds of the plant;</text> </paragraph> <paragraph num="iv."> <text>Any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or</text> </paragraph> <paragraph num="v."> <text>The sterilized seed of the plant that is incapable of germination.</text> </paragraph> </paragraph> </paragraph> <paragraph num="14."> <text>“Non-Prescription Drug” means any over-the-counter drug that is available without a written prescription by an authorized medical professional.</text> </paragraph> <paragraph num="15."> <text>“Prescription Drug” means a drug that may be dispensed only on the prescription of a health practitioner who is authorized by law to prescribe the drug.</text> </paragraph> <paragraph num="16."> <text>“Safety-Sensitive Employee” means an employee who operates heavy machinery and includes, but are not limited to, an operator of a crane, winch, or top loader and a driver of hustler or forklift.</text> </paragraph> <paragraph num="17."> <text>“Sensitive Employee” means an employee whose classification or position has been designated sensitive by the Secretary of Budget and Management or the Secretary's designated representative, or the employee’s appointing authority.</text> </paragraph> <paragraph num="18."> <text>“Sensitive Classification” means a classification in which the Secretary of Budget and Management or the Secretary's designated representative has determined that any of the following conditions exists:</text> <paragraph num="a."> <text>An employee in the classification has a substantially significant degree of responsibility for the safety of others and there is a potential that impaired performance of the employee could result in death of or injury to the employee or others;</text> </paragraph> <paragraph num="b."> <text>An employee in the classification is required to carry a firearm;</text> </paragraph> <paragraph num="c."> <text>An employee in the classification is directly involved in efforts to interdict the flow of narcotics; or</text> </paragraph> <paragraph num="d."> <text>An employee in the classification is directly involved with narcotics law enforcement.</text> </paragraph> </paragraph> <paragraph num="19."> <text>“Sensitive Position” means a position for which an appointing authority has determined that any of the conditions listed in Section B(17) of this executive order exists, but which is not in a sensitive classification.</text> </paragraph> <paragraph num="20."> <text>“Substance” means alcohol, drugs, or cannabis.</text> </paragraph> <paragraph num="21."> <text>“Substance Abuse” means:</text> <paragraph num="a."> <text>The use of an illegal drug;</text> </paragraph> <paragraph num="b."> <text>The intentional misuse of any legal drug that results in workplace impairment and/or impaired job performance;</text> </paragraph> <paragraph num="c."> <text>The intentional use of any prescription drug in a manner inconsistent with its medically prescribed, intended use, or under circumstances where its use is not permitted;</text> </paragraph> <paragraph num="d."> <text>The use of alcohol where such use results in workplace impairment and/or impairs job performance;</text> </paragraph> <paragraph num="e."> <text>The use of cannabis where such use results in workplace impairment and/or impairs job performance; or</text> </paragraph> <paragraph num="f."> <text>The intentional and inappropriate use of any substance, legal or illegal, which impairs job performance.</text> </paragraph> </paragraph> <paragraph num="22."> <text>“Workplace” means any place where an employee is performing work for the State of Maryland.</text> </paragraph> <paragraph num="23."> <text>“Work Time” means time during which an employee:</text> <paragraph num="a."> <text>Is on duty, whether at the employee’s principal work site or at a remote location as part of the State's telecommuting program;</text> </paragraph> <paragraph num="b."> <text>Participates in training activities as a job assignment;</text> </paragraph> <paragraph num="c."> <text>Is on the employer's premises and is on call and waiting for work;</text> </paragraph> <paragraph num="d."> <text>Is not on the employer's premises, but is on call and waiting for work, and the employee's personal activities are substantially restricted;</text> </paragraph> <paragraph num="e."> <text>Is changing into and removing program-specified clothing and equipment necessary for the performance of the job;</text> </paragraph> <paragraph num="f."> <text>Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift;</text> </paragraph> <paragraph num="g."> <text>Travels to and from work after being recalled to work by the appointing authority or the appointing authority's designated representative after the employee has completed the standard workday;</text> </paragraph> <paragraph num="h."> <text>Travels to and from work after being called to work by the appointing authority or the appointing authority's designated representative on the employee's scheduled day off if the employee works fewer than 8 hours as a result of being called on the employee's scheduled day off;</text> </paragraph> <paragraph num="i."> <text>Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations,</text> </paragraph> <paragraph num="j."> <text>Work time includes any other time defined as work time under the Fair Labor Standards Act, 29 U.S.C. §201 et seq., if applicable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The State of Maryland establishes the following Substance Abuse Policy for the Executive Branch of State Government:</text> <paragraph num="1."> <text>All employees in the workplace must be capable of performing their duties. An employee shall not report to work, or spend any work time, in an unfit condition to perform their duties.</text> </paragraph> <paragraph num="2."> <text>Substance abuse by any employee is prohibited at all times.</text> </paragraph> <paragraph num="3."> <text>Employees experiencing substance use problems are encouraged to seek assistance through:</text> <paragraph num="a."> <text>Their employer;</text> </paragraph> <paragraph num="b."> <text>Referral to the Employee Assistance Program (“EAP”);</text> </paragraph> <paragraph num="c."> <text>Self-referral to the MyMDCares program or similar state-sponsored assistance program; or</text> </paragraph> <paragraph num="d."> <text>Self-referral to an alternative certified rehabilitation program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <paragraph num="1."> <text>An employee shall not report to work, or spend any work time, under the influence of alcohol, cannabis, or intoxicating cannabinoids. Any employee who reports to work, or spends any work time, with their mental or physical abilities impaired by alcohol or cannabis, is in violation of this policy and shall be subject to disciplinary action.</text> </paragraph> <paragraph num="2."> <text>Employees may not consume alcohol or consume, smoke, or otherwise ingest cannabis or intoxicating cannabinoid on State property, at any worksite, or during work hours or while on work time. This conduct is also prohibited for employees on official business, whether on or off State Property.</text> </paragraph> <paragraph num="3."> <text>The unlawful manufacture, distribution, dispensation, possession, or use of cannabis or intoxicating cannabinoids is prohibited on State property, at any worksite, or during work hours or while on work time.</text> </paragraph> <paragraph num="4."> <text>Employees are prohibited from consuming alcohol and/or cannabis and/or being under the influence of alcohol, cannabis, or an intoxicating cannabinoid while operating State equipment, vehicles, or other property.</text> </paragraph> <paragraph num="5."> <text>Employees are prohibited from committing alcohol or cannabis-related offenses or offenses relating to intoxicating cannabinoids.</text> </paragraph> <paragraph num="6."> <text>Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of an alcohol or cannabis-related offense or an offense relating to intoxicating cannabinoids are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.</text> </paragraph> <paragraph num="7."> <text>Employees who are registered and certified medical cannabis patients may not possess, consume, smoke, or otherwise ingest cannabis on State property, at any worksite or during Work Time.</text> </paragraph> <paragraph num="8."> <text>Employees who are registered and certified medical cannabis patients are responsible for consulting the certifying provider to ascertain whether the medical cannabis will interfere with the safe performance of their job duties.</text> </paragraph> <paragraph num="9."> <text>If the use of any medical cannabis could compromise an employee’s performance or the safety of the employee, fellow employees, or the public, it is the employee’s responsibility to notify their supervisor and/or appointing authority and use appropriate leave to avoid unsafe work practices.</text> </paragraph> </paragraph> <paragraph num="E."> <paragraph num="1."> <text>Prescription and over-the-counter drugs must be taken in standard dosage and/or according to a physician’s prescription.</text> </paragraph> <paragraph num="2."> <text>Employees who take prescribed or over-the-counter medications are responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication will interfere with the safe performance of their job duties.</text> </paragraph> <paragraph num="3."> <text>If the use of any prescription or over-the counter drug could compromise an employee’s performance or the safety of the employee, fellow employees, or the public, it is the employee’s responsibility to notify their supervisor and/or appointing authority and use appropriate leave to avoid unsafe work practices.</text> </paragraph> <paragraph num="4."> <text>An employee shall not report to work, or spend any work time, under the inappropriate influence of prescription or over-the-counter drugs. Any employee who reports to work, or spends any work time, with their mental or physical abilities inappropriately impaired by prescription or over-the-counter drugs is in violation of this policy and shall be subject to disciplinary action.</text> </paragraph> <paragraph num="5."> <text>Any employee who reports to work, or spends any work time, with their mental or physical abilities impaired by a controlled dangerous substance is in violation of this policy and shall be subject to disciplinary action.</text> </paragraph> <paragraph num="6."> <text>The unlawful manufacture, distribution, dispensation, possession, or use of controlled dangerous substances is prohibited on State property, at any worksite, or during work hours or while on work time.</text> </paragraph> <paragraph num="7."> <text>Employees are prohibited from committing controlled dangerous substance offenses.</text> </paragraph> <paragraph num="8."> <text>Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of a controlled dangerous substance offense, are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.</text> </paragraph> <paragraph num="9."> <text>Employees are prohibited from committing drug-related offenses.</text> </paragraph> <paragraph num="10."> <text>Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of a drug-related offense, are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Any employee in violation of this Executive Order shall be subject to appropriate progressive disciplinary action up to and including termination.</text> </paragraph> <paragraph num="G."> <paragraph num="1."> <text>A sensitive or safety-sensitive employee shall be suspended for fifteen (15) days and required to successfully participate in an alcohol or cannabis treatment program designated by an EAP the first time the employee is:</text> <paragraph num="a."> <text>Convicted of an at-the-workplace alcohol or cannabis-related offense; or</text> </paragraph> <paragraph num="b."> <text>Found under the influence of alcohol or cannabis while at-the-workplace.</text> </paragraph> </paragraph> <paragraph num="2."> <text>A sensitive or safety-sensitive employee convicted of an out-of-workplace alcohol or cannabis-related offense, and a non-sensitive or safety-sensitive employee convicted of any alcohol or cannabis-related offense shall:</text> <paragraph num="a."> <text>On the first conviction be referred to an EAP and subject to any other appropriate disciplinary actions;</text> </paragraph> <paragraph num="b."> <text>On the second conviction, at a minimum, be suspended for at least five (5) days, be referred to an EAP, be required to participate successfully in a treatment program, and be subject to any other appropriate disciplinary actions, up to and including termination;</text> </paragraph> <paragraph num="c."> <text>On the third conviction, be terminated.</text> </paragraph> </paragraph> <paragraph num="3."> <text>A sensitive or safety-sensitive employee convicted of any controlled dangerous substance offense shall be terminated.</text> </paragraph> <paragraph num="4."> <text>A sensitive or safety-sensitive employee who tests positive for a controlled dangerous substance as a result of a random drug test shall be suspended for fifteen (15) workdays and be required to successfully participate in a drug treatment program designated by an EAP, as provided for by the appointing authority's drug testing protocol.</text> </paragraph> <paragraph num="5."> <text>A sensitive or safety-sensitive employee who abuses a legally prescribed drug or an over-the-counter drug shall, on the first offense:</text> <paragraph num="a."> <text>Be suspended for five (5) workdays; and</text> </paragraph> <paragraph num="b."> <text>Be required to participate successfully in a drug treatment program designated by an EAP.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <paragraph num="1."> <text>An employee may request referral to the EAP for access to confidential professional assistance for substance use problems or may self-refer to the MyMDCares program or similar state-sponsored assistance program to receive confidential professional assistance.</text> </paragraph> <paragraph num="2."> <text>Employees will not be terminated solely for requesting referral to the EAP or voluntarily obtaining other assistance and/or treatment for a substance use problem. The State of Maryland encourages any employee who needs such assistance and treatment to seek and obtain it. However, participation in a treatment or recovery program will neither relieve employees from the requirement of satisfactory job performance, nor insulate them from termination or adverse personnel actions for failing to comply with any of the State’s policies and procedures.</text> </paragraph> <paragraph num="3."> <text>Substance abuse-related disciplinary actions, up to and including termination, may be, but do not have to be, held in abeyance pending an employee’s completion of an assistance and treatment program. The option of holding a disciplinary action in abeyance is not an employee entitlement or right but is a privilege to be granted at the discretion of the appointing authority, in consultation with the Department of Budget and Management, or the individual responsible for Human Resources for the respective State agency under appropriate circumstances.</text> </paragraph> </paragraph> <paragraph num="I."> <paragraph num="1."> <text>The Secretary of Budget & Management and the head of every other personnel system in the Executive Branch shall adopt such policies and regulations as are necessary or desirable for the implementation of this Executive Order.</text> </paragraph> <paragraph num="2."> <text>All appointing authorities and supervisory employees are responsible for implementing, enforcing, and monitoring compliance with the requirements of this Executive Order.</text> </paragraph> <paragraph num="3."> <text>All employees are required to acknowledge receipt of a copy of this Executive Order by returning an acknowledgement of receipt to their supervisor for insertion in their personnel file.</text> </paragraph> </paragraph> <paragraph num="J."> <paragraph num="1."> <text>If a supervisor or appointing authority observes any signs of possible substance abuse in any employee during working hours, this shall constitute reasonable grounds for an investigation.</text> </paragraph> <paragraph num="2."> <text>If a non-supervisory employee observes any signs of possible substance abuse in any employee during working hours and reports it to a supervisor or appointing authority, this shall constitute reasonable grounds for an investigation.</text> </paragraph> <paragraph num="3."> <text>A supervisor and/or appointing authority, on observing such signs or receiving a report, in consultation with the Department of Budget and Management, or the individual responsible for Human Resources for the respective State agency, should investigate by appropriate measures.</text> </paragraph> <paragraph num="4."> <text>If the supervisory investigation supports a conclusion of substance abuse by the investigated employee(s), the supervisor and/or appointing authority shall consult the Department of Budget and Management, the individual responsible for Human Resources for the respective State agency, or the State Medical Director to determine the appropriate next steps, which may include testing.</text> </paragraph> <paragraph num="5."> <text>When an appointing authority learns or based on observation or reliable information, suspects that an employee has committed an alcohol-related offense, cannabis-related offense, controlled dangerous substance offense, or other drug-related offense, the appointing authority shall refer the matter to the appropriate law enforcement authority for further investigation and prosecution.</text> </paragraph> <paragraph num="6."> <text>All employees shall cooperate fully with law enforcement authorities in the investigation and prosecution of suspected criminal violations.</text> </paragraph> </paragraph> <paragraph num="K."> <text>All appointing authorities shall educate and inform their employees about:</text> <paragraph num="1."> <text>The dangers of drug and alcohol abuse in the workplace;</text> </paragraph> <paragraph num="2."> <text>The State of Maryland's policy of maintaining a drug-free workplace;</text> </paragraph> <paragraph num="3."> <text>Any drug and alcohol abuse counseling, rehabilitation, and EAP that is available; and</text> </paragraph> <paragraph num="4."> <text>The penalties that may be imposed upon employees for violations of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="L."> <text>This policy does not constitute or create an express or implied contract. It is not intended to, and does not, create contractual obligations with respect to any matter it covers.</text> </paragraph> <paragraph num="M."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="N."> <text>If a State entity is subject to a federal law or regulation that conflicts with this Executive Order, the federal law or regulation shall take precedence.</text> </paragraph> <paragraph num="O."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: November 8, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".17" heading="Commission to Establish a Memorial to Veterans of the Global War on Terrorism"> <paragraph num="A."> <text>Establishment. There is a Commission to Establish a Memorial to Veterans of the Global War on Terrorism.</text> </paragraph> <paragraph num="B."> <text>Membership. The Commission consists of the following members:</text> <paragraph num="(1)"> <text>the Secretary of Veterans Affairs, or the Secretary’s designee, who shall serve as Chair of the Commission;</text> </paragraph> <paragraph num="(2)"> <text>the Secretary of General Services, or the Secretary’s designee;</text> </paragraph> <paragraph num="(3)"> <text>two representatives of the Maryland Veterans Commission, designated by the Secretary of Veterans Affairs;</text> </paragraph> <paragraph num="(4)"> <text>four representatives of veteran services organizations, designated by the Secretary of Veterans Affairs; and</text> </paragraph> <paragraph num="(5)"> <text>one representative of the Maryland National Guard, designated by the Adjutant General of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Duties. The Commission shall:</text> <paragraph num="(1)"> <text>Provide recommendations for the funding, design, construction, and placement of an appropriate memorial dedicated to Marylanders who fought in the Global War on Terrorism and their families;</text> </paragraph> <paragraph num="(2)"> <text>On or before April 1, 2024, submit a preliminary report on its findings and recommendations to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly; and</text> </paragraph> <paragraph num="(3)"> <text>On or before December 1, 2024, submit a final report on its findings and recommendations to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Operational Support. The Department of Veterans Affairs shall provide staff for the Commission.</text> </paragraph> <paragraph num="E."> <text>Expenses. A member of the Commission may not receive compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, as provided in the State budget.</text> </paragraph> <paragraph num="F."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Commission Chair may convene meetings of the Commission and shall preside over the meetings.</text> </paragraph> <paragraph num="(2)"> <text>The Commission shall conduct its first meeting following the submission of the final report of the Commission to Establish a Maryland Women Veterans Memorial.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall meet as often as its duties require.</text> </paragraph> <paragraph num="(4)"> <text>A majority of the Commission members shall constitute a quorum for the transaction of any business;</text> </paragraph> <paragraph num="(5)"> <text>The Commission may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.</text> </paragraph> </paragraph> <paragraph num="G."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="H."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: November 9, 2023.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".18" heading="Preventing Suicide Among Military Service Members, Veterans and Their Families"> <paragraph num="A."> <text>The Secretary of Health and the Secretary of Veterans Affairs, or their respective designees (the “Secretaries”), shall jointly lead Maryland’s efforts to prevent suicide among service members, veterans and their families.</text> </paragraph> <paragraph num="B."> <text>The Secretaries of Health and Veterans Affairs shall convene an annual meeting at a time and place to be determined, to discuss and assess the State’s efforts to prevent suicide among service members, veterans and their families.</text> </paragraph> <paragraph num="C."> <text>Within 30 days of the issuance of this Executive Order, the Secretaries of Health and Veterans Affairs shall conduct a review of the State’s short term suicide prevention strategy to identify any necessary adjustments.</text> </paragraph> <paragraph num="D."> <text>Thereafter, in cooperation and in consultation with the appropriate State Agencies, the Secretaries shall launch a statewide “Ask the Question” campaign to provide standardized tools to all State Agencies, local governments, private sector entities, and non-profit organizations to screen constituents and customers for a military service connection in order to provide opportunities for appropriate referrals and assessment for suicide risk.</text> </paragraph> <paragraph num="E."> <text>The Secretaries shall, though outreach and other appropriate means, elevate awareness of available funding for Maryland counties to advance goals set forth in the Governor’s Challenge, including developing a coordinated intervention plan to respond to service members, veterans, and their families experiencing mental health crises, and help identify counties ready to implement the Challenge.</text> </paragraph> <paragraph num="F."> <text>The Secretaries shall engage with the VA and SAMHSA to facilitate community and State-level efforts to prevent suicide by service members, veterans, and their families, using all available resources.</text> </paragraph> <paragraph num="G."> <text>Every agency, department, office, division, or public authority of the State shall cooperate with the Secretaries, and, to the fullest extent permitted by law, shall furnish such information and assistance as the Secretaries determine is reasonably necessary to accomplish the purposes of this Executive Order.</text> </paragraph> <paragraph num="H."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: November 9, 2023</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".19" heading="Procurement Guidelines: Authorizing Project Labor Agreements for Large-Scale Public Work Contracts and Promoting Apprenticeship Agreements and Community Hiring"> <text>(Rescinds Executive Order 01.01.2013.05)</text> <text>(Amended by Executive Order 01.01.2024.18)</text> <paragraph num="A."> <text>Scope. These guidelines apply to any State department, agency, authority, board, or instrumentality, within the executive branch of the Maryland State Government, that is under the control of the Governor.</text> </paragraph> <paragraph num="B."> <text>Definitions. The following words have the meanings indicated:</text> <paragraph num="1."> <text>“Community Benefit Agreement” means a contract signed by one or more recognized community association(s) and a labor organization that requires the labor organization to provide specific amenities, mitigations, economic impacts, local workforce training guarantees and/or other benefits in exchange for community support of a project.</text> </paragraph> <paragraph num="2."> <text>“Construction” means the (1) process of building, altering, improving, or demolishing an improvement to real property and (2) includes any major work necessary to repair, prevent damage to, or sustain existing components of an improvement to real property, as defined in Md. Code Ann., State Fin. & Proc. § 11-101(f)(1)-(2).</text> </paragraph> <paragraph num="3."> <text>“Labor Organization” means a labor organization as defined in Md. Code Ann., State Gov't § 20-601(i)(1)-(2) of which building and construction employees are members.</text> </paragraph> <paragraph num="4."> <text>“Large-scale public work contract” means a contract for construction of a public work, as defined in Md. Code Ann., State Fin. & Proc. § 17-201(k), for which the total monies committed by the State, including direct funding, issuance of bonds, and tax increment financing is $20 million or more.</text> </paragraph> <paragraph num="5."> <text>“Project Labor Agreement” is a pre-hire collective bargaining agreement between the successful bidder on a large-scale public work contract and one or more labor organizations that establishes terms and conditions of employment for all crafts performing work on a specific construction project.</text> </paragraph> <paragraph num="6."> <text>“Recognized Community Association” means a community group located in an area impacted by the large-scale public work contract that is organized collectively around particular interests for the purpose of addressing issues and interests common to that community.</text> </paragraph> <paragraph num="7."> <text>“Registered Apprenticeship Program” means a program that is registered with, and approved by, the U.S. Department of Labor or the Maryland Department of Labor, evidenced by a certificate of registration or other appropriate document as meeting the apprenticeship standards.</text> </paragraph> <paragraph num="8."> <text>“Socioeconomic Procurement Programs” refer collectively to the State’s Minority Business Enterprise Program; Veteran-owned Small Business Enterprise Program; and Small Business Reserve Program.</text> </paragraph> <paragraph num="9."> <text>“Socioeconomic Procurement Program Goals” refer to the State’s goals of directing 29% of all procurement expenditures towards certified Minority Business Enterprise firms and 1% towards certified Veteran-Owned Small Business Enterprise firms.</text> </paragraph> <paragraph num="10."> <text>“Unit of State government” means an agency or unit of the Executive Branch of State government.</text> </paragraph> </paragraph> <text>Authorizing Project Labor Agreements for Large-Scale Public Work Contracts</text> <paragraph num="C."> <text>A unit of State government shall consider either (1) requiring the use of a project labor agreement or (2) including the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract that meets the criteria established in this Order.</text> </paragraph> <paragraph num="D."> <text>The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made on a project-by-project basis.</text> </paragraph> <paragraph num="E."> <text>The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made only where such an agreement will advance the State’s interest in cost-effectiveness, efficiency, quality, health, safety, timeliness, employing a skilled labor force, and producing labor stability.</text> </paragraph> <paragraph num="F."> <text>In making the decision whether to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract, the following factors must be considered:</text> <paragraph num="1."> <text>The potential for labor disruptions, such as strikes, lockouts, or slowdowns, which could affect completion of the project;</text> </paragraph> <paragraph num="2."> <text>The number of trades and crafts anticipated to be used on the project;</text> </paragraph> <paragraph num="3."> <text>The need and urgency of the project and the harm to the public if completion of the project is delayed;</text> </paragraph> <paragraph num="4."> <text>The size and complexity of the project;</text> </paragraph> <paragraph num="5."> <text>The funding sources for the project and whether the project includes federal funds;</text> </paragraph> <paragraph num="6."> <text>The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;</text> </paragraph> <paragraph num="7."> <text>The impact on the State’s socioeconomic policies, including the policy to advance women and minority-owned businesses and their ability to compete.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made prior to selecting the method of contracting for the project and shall be supported by written findings that clearly demonstrate how the use of a project labor agreement will benefit the project and the interests of the public and the State from a cost-effective, efficiency, quality, safety and timeliness standpoint. The fact that a project labor agreement will be used or included as an evaluation factor shall be set forth in the solicitation of bids issued for the project.</text> </paragraph> <text>Requirements for Project Labor Agreements</text> <paragraph num="H."> <text>Any project labor agreement reached pursuant to this Order shall:</text> <paragraph num="1."> <text>Bind all contractors and subcontractors on the construction project through the inclusion of appropriate bid specifications in all relevant solicitation provisions and contract documents;</text> </paragraph> <paragraph num="2."> <text>Allow all union and non-union contractors, subcontractors, and material suppliers who agree to abide by the terms of the project labor agreement to compete for work to be performed and materials to be provided without regard to whether they are otherwise parties to collective bargaining agreements;</text> </paragraph> <paragraph num="3."> <text>Contain guarantees against strikes, lockouts, slowdowns, or other similar disruptions;</text> </paragraph> <paragraph num="4."> <text>Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising before the work is completed;</text> </paragraph> <paragraph num="5."> <text>Guarantee equal opportunities in employment and prohibit discrimination in recruiting, interviewing, hiring, upgrading, setting work conditions, or discharging employees or workers as required by federal and State law;</text> </paragraph> <paragraph num="6."> <text>Demonstrate access to a reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful project delivery;</text> </paragraph> <paragraph num="7."> <text>Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality or work, safety, and health;</text> </paragraph> <paragraph num="8."> <text>Outline a diversity plan that details efforts and commitments to conduct outreach and recruitment for employment and apprenticeship positions in the large-scale public work contract for minority group members, members of disadvantaged communities, and women; and</text> </paragraph> <paragraph num="9."> <text>Outline a plan that details how expenditures for the large-scale public work contract will support the State’s Socioeconomic Procurement Program Goals.</text> </paragraph> <paragraph num="10."> <text>Fully conform to all State and federal statutes, regulations, and executive orders.</text> </paragraph> </paragraph> <text>Incorporating Community Benefit Agreements</text> <paragraph num="I."> <text>If a unit of State government decides to require the use of a project labor agreement in connection with a large-scale public work contract, the State unit shall consider requiring bidders to incorporate a community benefit agreement for appropriate projects.</text> </paragraph> <text>Project Labor Agreements Not Required</text> <paragraph num="J."> <text>This Order does not require a unit of State government to use or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract.</text> </paragraph> <paragraph num="K."> <text>This Order does not promote the selection of any union, trade council, or labor organization.</text> </paragraph> <text>Apprenticeship Programs for Public Projects and Public-Private Partnerships</text> <paragraph num="L."> <text>A unit of State government shall consider whether it is in the best interest of the State to use contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership.</text> </paragraph> <paragraph num="M."> <text>The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made on a project-by-project basis.</text> </paragraph> <paragraph num="N."> <text>The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made only where such an agreement will advance the State’s interest in cost-effectiveness, efficiency, quality, health, safety, timeliness, employing a skilled labor force, and producing labor stability.</text> </paragraph> <paragraph num="O."> <text>In making the decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership, the unit of State government shall consider the totality of the circumstances, including the following factors:</text> <paragraph num="1."> <text>The number of trades and crafts anticipated to be used on the project;</text> </paragraph> <paragraph num="2."> <text>The need and urgency of the project and the harm to the public if completion of the project is delayed;</text> </paragraph> <paragraph num="3."> <text>The size and complexity of the project;</text> </paragraph> <paragraph num="4."> <text>The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;</text> </paragraph> <paragraph num="5."> <text>The impact on the State’s socioeconomic procurement program policies, including the policy to advance women and minority-owned businesses and their ability to compete; and</text> </paragraph> <paragraph num="6."> <text>The impact on workforce development and construction and the potential for generating skills training and employment opportunities for state residents.</text> </paragraph> </paragraph> <paragraph num="P."> <text>The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made prior to selecting the method of contracting for the project or partnership and shall be supported by written findings that set forth the justification.</text> </paragraph> <paragraph num="Q."> <text>For public projects or public-private partnerships where the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing will be required or encouraged, applicable procurement documents shall clearly:</text> <paragraph num="1."> <text>Specify whether such qualifications are mandatory or will be used as an evaluation factor in awarding the contract; and</text> </paragraph> <paragraph num="2."> <text>State any applicable apprenticeship utilization targets or thresholds that will be considered in the determination.</text> </paragraph> </paragraph> <paragraph num="R."> <text>The Maryland Department of Labor shall determine whether a proffered apprenticeship program is in compliance with applicable program requirements before the contracting agency makes a decision.</text> </paragraph> <paragraph num="S."> <text>A successful bidder shall demonstrate how the bidder will have access to the reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful delivery through either sponsoring an apprenticeship program that will supply apprentices to the project or reaching an agreement with an entity that operates a registered apprenticeship program that will ensure such supply.</text> </paragraph> <paragraph num="T."> <text>The bidder’s fulfillment of the requirements under section (S) of this Order must be approved by the State unit overseeing the project.</text> </paragraph> <text>Community Hiring in High Unemployment Areas</text> <paragraph num="U."> <text>On public projects or public-private partnerships with projected costs exceeding $5 million, a unit of State government shall consider whether all or a substantial part of the project is within an area of higher than average unemployment and, if so, whether it is in the best interest of the State to weigh as a factor in the procurement or public notice of solicitation whether a bidder voluntarily submits a community hiring, training, and/or outreach plan for high unemployment areas.</text> </paragraph> <paragraph num="V."> <text>If a unit of State government determines based on the totality of the circumstances, that it is in the best interests of the State to encourage the voluntary submission of a community hiring, training and/or outreach plan on a public project or public-private partnership, the decision shall be accompanied by the following:</text> <paragraph num="1."> <text>A written finding that sets forth the reasons supporting the decision</text> </paragraph> <paragraph num="2."> <text>A definition of “high unemployment area” and delineation of that area for purposes of the procurement or public notice of solicitation; and</text> </paragraph> <paragraph num="3."> <text>An explanation of how the proffer of a community hiring, training, and/or outreach plan will be evaluated and weighed in the procurement or public notice of solicitation.</text> </paragraph> </paragraph> <text>General Provisions</text> <paragraph num="W."> <text>The guidelines contained in this Executive Order do not constitute or create an express or implied contract. It is not intended to, and does not, create contractual obligations with respect to any matter it covers.</text> </paragraph> <paragraph num="X."> <text>Nothing in this Executive Order shall preclude a unit of State government from considering either (1) requiring the use of a project labor agreement or (2) including the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract where the State commitment is below $20 million.</text> </paragraph> <paragraph num="Y."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="Z."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: November 17, 2023.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".20" heading="State of Preparedness"> <paragraph num="A."> <text>Definitions. In this Executive Order, the following terms have the meaning indicated.</text> <paragraph num="(1)"> <text>“State Agency” means a department, agency, commission, board, council or other body of state government subject to the direction and supervision of the Governor.</text> </paragraph> <paragraph num="(2)"> <text>“State Coordinating Functions” provide the structure for coordinating State interagency support for State preparedness, response, and recovery efforts. They are comprised of one or more Lead State agencies and one or more Support State agencies as defined in the Maryland Consequence Management Operations Plan.</text> </paragraph> <paragraph num="(3)"> <text>“Public Emergency” as defined in the Maryland Emergency Management Act, Md. Code, Public Safety Article, § 14-301.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Declaring a State of Preparedness. When the Governor determines there is significant risk of a Public Emergency, the Governor by Executive Order may declare a State of Preparedness.</text> </paragraph> <paragraph num="C."> <text>Upon declaring a State of Preparedness, the Department of Emergency Management shall, as necessary:</text> <paragraph num="(1)"> <text>Establish a common operating understanding of the incident or event’s level of risk as supported by information provided by State Coordinating Functions, county emergency management officials, and other credible sources;</text> </paragraph> <paragraph num="(2)"> <text>Convene State Coordinating Function leads and county emergency management officials;</text> </paragraph> <paragraph num="(3)"> <text>Convene a Senior Policy Group to streamline critical decisions and advise the Governor related to the risk, potential impacts, and preparedness actions of State Government; and</text> </paragraph> <paragraph num="(4)"> <text>Coordinate resource management in accordance with established systems to provide quick response in the event an emergency develops.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Under a State of Preparedness, State Agencies, through each State Coordinating Function, shall at a minimum:</text> <paragraph num="(1)"> <text>Provide all known or available information pertinent to the identified risk and associated hazards to the Maryland Department of Emergency Management to support its development of a common operating understanding for the potential emergency incident or event;</text> </paragraph> <paragraph num="(2)"> <text>Make available their existing subject matter experts related to the risk, potential hazards, and potential emergency responses;</text> </paragraph> <paragraph num="(3)"> <text>Assign personnel to an Advance Team, State Emergency Operations Center activation, or other coordinating entity identified by the Maryland Department of Emergency Management as requiring support; and</text> </paragraph> <paragraph num="(4)"> <text>Seek to fulfill resource requests with existing State resources prior to requesting aid from the Maryland Department of Emergency Management without limiting resource fulfillment to only those assets within the direct control of the department or agency assigned the request.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Nothing herein shall limit, abrogate, or preempt local authority for responding to an emergency unless:</text> <paragraph num="(1)"> <text>the emergency involves more than one political subdivision and one or more of the political subdivisions involved makes a request for State-level authority to coordinate or intervene;</text> </paragraph> <paragraph num="(2)"> <text>the political subdivision or subdivisions in which the emergency occurs issues a request from the senior elected official for the State to assume authority for the emergency;</text> </paragraph> <paragraph num="(3)"> <text>evidence exists that the political subdivision is overwhelmed by the emergency; or</text> </paragraph> <paragraph num="(4)"> <text>the Governor or the Governor's designee determines that additional resources are necessary to protect the public interest.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Nothing herein shall be construed to limit or abrogate the ongoing existing responsibilities of executive branch state agencies to coordinate, prepare and plan for emergencies and imminent threats and hazards to the state in coordination with the Maryland Department of Emergency Management.</text> </paragraph> <paragraph num="G."> <text>At all times, in the absence of a declaration, State of Preparedness, or State of Emergency, executive branch state agencies will coordinate with the Maryland Department of Emergency Management for the public peace, safety and health of the State of Maryland, by engaging in emergency preparedness, disaster risk reduction, and consequence management operations and activities of the state as defined in the Maryland Department of Emergency Management’s Consequence Management Operations Plan and State of Maryland Hazard Mitigation Plan.</text> </paragraph> <paragraph num="H."> <text>A State of Preparedness shall terminate:</text> <paragraph num="(1)"> <text>within thirty days (30);</text> </paragraph> <paragraph num="(2)"> <text>upon a State or federal declaration of a State of Emergency;</text> </paragraph> <paragraph num="(3)"> <text>upon a Presidential Disaster Declaration; or</text> </paragraph> <paragraph num="(4)"> <text>upon the Governor’s rescinding of the State of Preparedness.</text> </paragraph> </paragraph> <paragraph num="I."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt or federal funding.</text> </paragraph> <paragraph num="J."> <text>If any provision of this Executive Order is held invalid, or its application to a person, event or circumstances is held invalid by any court of competent jurisdiction, all other applications or provisions of the Executive Order shall remain in effect to the greatest extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: November 20, 2023.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".21" heading="Maryland’s Office of Overdose Response"> <text>(Rescinds Executive Orders 01.01.2022.07, 01.01.2022.05, 01.01.2018.30, 01.01.2017.01, and 01.01.2015.13)</text> <paragraph num="A."> <text>Maryland’s Office of Overdose Response</text> <paragraph num="(1)"> <text>There is a Maryland’s Office of Overdose Response (the “Office”) within the Maryland Department of Health.</text> </paragraph> <paragraph num="(2)"> <text>The Office shall be managed by a Special Secretary of Overdose Response, who serves at the pleasure of the Governor. The Special Secretary shall:</text> <paragraph num="(a)"> <text>Direct the daily operation and administration of the Office;</text> </paragraph> <paragraph num="(b)"> <text>Act as a coordinating liaison to the Maryland Overdose Response Advisory Council;</text> </paragraph> <paragraph num="(c)"> <text>Provide advice and recommendations to the Governor on matters related to overdose; and</text> </paragraph> <paragraph num="(d)"> <text>Coordinate with federal and local governments to strengthen overdose prevention and response programs and initiatives.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Staffing. The Special Secretary shall select, organize, and direct the staff of Maryland’s Office of Overdose Response.</text> </paragraph> <paragraph num="(4)"> <text>Duties. The Office shall be responsible for the following activities:</text> <paragraph num="(a)"> <text>Facilitate statewide coordination of overdose prevention and response efforts across Maryland’s 24 local jurisdictions and State agencies;</text> </paragraph> <paragraph num="(b)"> <text>Coordinate the interagency process to develop the Governor's policy agenda affecting overdose prevention and response programs and initiatives;</text> </paragraph> <paragraph num="(c)"> <text>Support local jurisdictions through grant funds to their Overdose Prevention Teams, as established by Section C, below;</text> </paragraph> <paragraph num="(d)"> <text>Conduct and coordinate public outreach on behalf of the Governor to encourage greater involvement and participation by community organizations and constituent groups;</text> </paragraph> <paragraph num="(e)"> <text>Assist in the identification of funding opportunities for State and local agencies and community organizations to implement initiatives that further the State’s goal of reducing overdose morbidity and mortality;</text> </paragraph> <paragraph num="(f)"> <text>Coordinate and consult on matters relating to overdose prevention and response initiatives across State government; emphasize communication and cooperation with federal and local governments on all overdose-related concerns; and provide recommendations to enhance intergovernmental prevention and response efforts;</text> </paragraph> <paragraph num="(g)"> <text>Coordinate and facilitate data sharing among State and local sources while maintaining the privacy and security of sensitive personal information; and</text> </paragraph> <paragraph num="(h)"> <text>Provide staff to the Maryland Overdose Response Advisory Council.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Maryland’s Office of Overdose Response is the successor agency of the Opioid Operational Command Center.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Overdose Prevention Teams</text> <paragraph num="(1)"> <text>Prior to receiving funds from the Office, each county and the City of Baltimore shall establish an Overdose Prevention Team that meets at least quarterly and reports activities and data to Maryland’s Office of Overdose Response annually.</text> </paragraph> <paragraph num="(2)"> <text>An Overdose Prevention Team shall include, but is not limited to, individuals with experience in:</text> <paragraph num="(a)"> <text>Health;</text> </paragraph> <paragraph num="(b)"> <text>Social services;</text> </paragraph> <paragraph num="(c)"> <text>Education;</text> </paragraph> <paragraph num="(d)"> <text>Public safety agencies, including law enforcement, fire service, and emergency services;</text> </paragraph> <paragraph num="(e)"> <text>Harm reduction programs;</text> </paragraph> <paragraph num="(f)"> <text>Recovery support programs;</text> </paragraph> <paragraph num="(g)"> <text>Substance use treatment; and</text> </paragraph> <paragraph num="(h)"> <text>Community and faith-based organizations.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Maryland Overdose Response Advisory Council</text> <paragraph num="(1)"> <text>There is a Maryland Overdose Response Advisory Council (the “Council”).</text> </paragraph> <paragraph num="(2)"> <text>Membership.</text> <paragraph num="(a)"> <text>The Council shall include individuals from the following State agencies:</text> <paragraph num="(i)"> <text>Maryland’s Office of Overdose Response;</text> </paragraph> <paragraph num="(ii)"> <text>Department of Health;</text> </paragraph> <paragraph num="(iii)"> <text>Department of Human Services;</text> </paragraph> <paragraph num="(iv)"> <text>Department of Housing and Community Development;</text> </paragraph> <paragraph num="(v)"> <text>Department of Labor;</text> </paragraph> <paragraph num="(vi)"> <text>Department of Commerce;</text> </paragraph> <paragraph num="(vii)"> <text>Department of Education;</text> </paragraph> <paragraph num="(viii)"> <text>Department of Public Safety and Correctional Services;</text> </paragraph> <paragraph num="(ix)"> <text>Department of Juvenile Services;</text> </paragraph> <paragraph num="(x)"> <text>Department of Emergency Management;</text> </paragraph> <paragraph num="(xi)"> <text>Department of Veterans Affairs;</text> </paragraph> <paragraph num="(xii)"> <text>Department of Aging;</text> </paragraph> <paragraph num="(xiii)"> <text>Department of Disabilities;</text> </paragraph> <paragraph num="(xiv)"> <text>Governor’s Office of Crime Prevention, Youth and Victim Services;</text> </paragraph> <paragraph num="(xv)"> <text>Institute for Emergency Medical Services Systems;</text> </paragraph> <paragraph num="(xvi)"> <text>Office of the Public Defender;</text> </paragraph> <paragraph num="(xvii)"> <text>Maryland Judiciary; and</text> </paragraph> <paragraph num="(xviii)"> <text>Maryland State Police.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Staff members from the Offices of the Governor and Lieutenant Governor will also be regular participants.</text> </paragraph> <paragraph num="(c)"> <text>Other State agencies may be asked to participate at the invitation of the Chair.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Duties. The Council shall:</text> <paragraph num="(a)"> <text>Facilitate data sharing among respective agencies;</text> </paragraph> <paragraph num="(b)"> <text>Identify emerging challenges related to the provision of substance use disorder services and develop recommendations to address those challenges;</text> </paragraph> <paragraph num="(c)"> <text>Promote equity in the provision of substance use disorder services;</text> </paragraph> <paragraph num="(d)"> <text>Share data related to equity among all relevant agencies;</text> </paragraph> <paragraph num="(e)"> <text>Coordinate the implementation of recommendations of Maryland’s Commission for Health Equity related to overdose mortality and the Racial Disparities in Overdose Taskforce; and</text> </paragraph> <paragraph num="(f)"> <text>Submit a report to the Governor annually by November 1.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Procedures.</text> <paragraph num="(a)"> <text>The Lieutenant Governor shall chair the Council. The Chair shall:</text> <paragraph num="(i)"> <text>Oversee the work of the Council;</text> </paragraph> <paragraph num="(ii)"> <text>Determine the Council’s agenda; and</text> </paragraph> <paragraph num="(iii)"> <text>Identify additional support as needed.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Council shall meet on a quarterly basis, at minimum.</text> </paragraph> <paragraph num="(c)"> <text>A majority of the Council members shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(d)"> <text>The Council may adopt other procedures as necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(e)"> <text>Members from the Offices of the Governor and Lieutenant Governor will be regular participants.</text> </paragraph> <paragraph num="(f)"> <text>Other state agencies as needed.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Maryland’s Office of Overdose Response shall provide staff to the Council.</text> </paragraph> </paragraph> <paragraph num="D."> <text>All State departments, agencies, commissions, and boards are directed to cooperate with Maryland’s Office of Overdose Response in implementing the provisions of this Executive Order, including but not limited to, sharing relevant data.</text> </paragraph> <paragraph num="E."> <text>Reports. Maryland’s Office of Overdose Response shall submit a report to the Governor and the public in the form of an interagency coordination plan by December 1, 2024, and thereafter annually by December 1.</text> </paragraph> <paragraph num="F."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="G."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: December 14, 2023.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".22" heading="Governor's Workforce Development Board"> <text>(Rescinds Executive Order 01.01.2015.19)</text> <paragraph num="A."> <text>Establishment. There is a Governor's Workforce Development Board (the “Board”).</text> </paragraph> <paragraph num="B."> <text>Duties and Responsibilities.</text> <paragraph num="(1)"> <text>The Board shall serve as the Governor’s chief strategic and policy-making body for workforce development by engaging key business, labor, education, community, and State and local government leaders to collaborate on business-led workforce approaches that advance Maryland’s economic competitiveness and build pathways to work, wages and wealth for all Marylanders.</text> </paragraph> <paragraph num="(2)"> <text>The priorities of the Board shall include, but are not limited to:</text> <paragraph num="(a)"> <text>Building talent pipelines to supercharge growth in Maryland’s key industry sectors;</text> </paragraph> <paragraph num="(b)"> <text>Addressing barriers to employment experienced by underserved populations;</text> </paragraph> <paragraph num="(c)"> <text>Expanding access to affordable, high-quality, career-connected experiential learning and industry-recognized credentials, including apprenticeship and career and technical education opportunities;</text> </paragraph> <paragraph num="(d)"> <text>Aligning systems, services and resources to strategically leverage Maryland’s assets; and</text> </paragraph> <paragraph num="(e)"> <text>Supporting collaboration with local workforce development boards and other local stakeholders to ensure those closest to workforce challenges are central to the solutions.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Board shall execute the duties and responsibilities enumerated in the 2014 Act, including:</text> <paragraph num="(a)"> <text>Help to set and communicate the Governor’s workforce development vision, goals, and strategy;</text> </paragraph> <paragraph num="(b)"> <text>Align activities of key business, labor, education, workforce development, cabinet and local stakeholders to execute that vision;</text> </paragraph> <paragraph num="(c)"> <text>Develop industry partnerships to support workforce development goals;</text> </paragraph> <paragraph num="(d)"> <text>Direct or recommend funding to support those activities as appropriate;</text> </paragraph> <paragraph num="(e)"> <text>Offer policy recommendations to the Governor’s office for consideration;</text> </paragraph> <paragraph num="(f)"> <text>Support the continuous improvement of workforce development system and program performance;</text> </paragraph> <paragraph num="(g)"> <text>Develop other policies as may promote statewide objectives for and enhance the performance of the workforce development system in the State;</text> </paragraph> <paragraph num="(h)"> <text>Assist and advise the Governor on the development, implementation, and modification of the State Plan under the 2014 Act;</text> </paragraph> <paragraph num="(i)"> <text>Develop the statewide workforce and labor market information system described in the Wagner-Peyser Act; and</text> </paragraph> <paragraph num="(j)"> <text>Prepare the 2014 Act annual reports.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Membership. The Board shall include but is not limited to the following members:</text> <paragraph num="(1)"> <text>The Governor;</text> </paragraph> <paragraph num="(2)"> <text>One member of the Maryland Senate, appointed by the President of the Senate;</text> </paragraph> <paragraph num="(3)"> <text>One member of the Maryland House of Delegates, appointed by the Speaker of the House;</text> </paragraph> <paragraph num="(4)"> <text>The following Maryland Officials:</text> <paragraph num="(a)"> <text>The Secretary of Labor;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of Commerce;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Higher Education;</text> </paragraph> <paragraph num="(d)"> <text>The State Superintendent of Schools;</text> </paragraph> <paragraph num="(e)"> <text>Two chief elected officials, who collectively represent both cities and counties, and,</text> </paragraph> <paragraph num="(f)"> <text>Any individual that may be required by Annotated Code of Maryland, Education §21-209(d); and</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Members appointed by the Governor, which must include:</text> <paragraph num="(a)"> <text>A majority of the Board membership representing businesses in the State including:</text> <paragraph num="(i)"> <text>At least one representative who is selected from nominations by State business organizations and business trade associations;</text> </paragraph> <paragraph num="(ii)"> <text>Owners of businesses, chief executives or operating officers of business, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local workforce development board; and</text> </paragraph> <paragraph num="(iii)"> <text>Representatives of businesses, or organizations representing businesses described in this section, that provide employment opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and</text> </paragraph> <paragraph num="(iv)"> <text>At least one member representing small businesses as defined by the U.S. Small Business Administration.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Not less than 20 percent of the Board membership representing workforce within the State appointed by the Governor including:</text> <paragraph num="(i)"> <text>At least two representatives of labor organizations nominated by state labor federations;</text> </paragraph> <paragraph num="(ii)"> <text>At least one representative who is a member of a labor organization or a training director from a joint labor-management apprenticeship program;</text> </paragraph> <paragraph num="(iii)"> <text>One president from a community college;</text> </paragraph> <paragraph num="(iv)"> <text>The President of the Maryland Workforce Association; and</text> </paragraph> <paragraph num="(v)"> <text>Other representatives of the workforce or workforce development community that may include community-based organizations with demonstrated experience and expertise in addressing the employment, training or education needs of youth and adults, particularly those with barriers to employment, such as returning citizens, veterans and individuals with disabilities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>The Board shall also include the following ex officio, non-voting members who are asked to serve in an advisory capacity and to partner on relevant initiatives of the Board:</text> <paragraph num="(a)"> <text>The Secretary of Aging;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of Service and Civic Innovation;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Disabilities;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of Health;</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of Housing and Community Development;</text> </paragraph> <paragraph num="(f)"> <text>The Secretary of Human Services;</text> </paragraph> <paragraph num="(g)"> <text>The Secretary of Juvenile Services;</text> </paragraph> <paragraph num="(h)"> <text>The Secretary of Public Safety and Correctional Services;</text> </paragraph> <paragraph num="(i)"> <text>The Secretary of Transportation; and</text> </paragraph> <paragraph num="(j)"> <text>The Secretary of Veterans Affairs.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The membership and operations of the Board shall conform to the requirements set forth in the federal Workforce Innovation and Opportunity Act of 2014.</text> </paragraph> <paragraph num="(8)"> <text>To the extent practicable, the membership of the Board shall reflect the race, gender, age, and geographic diversity of the population of the State.</text> </paragraph> <paragraph num="(9)"> <text>Members appointed by the Governor under C(5)(a), C(5)(b)(i) through (iii), and C(5)(b)(v) shall serve four-year staggered terms. All other members shall serve so long as they hold the office or designation stipulated under C(1) through (4), C(5)(b)(iv), and C(6).</text> </paragraph> <paragraph num="(10)"> <text>The Governor shall designate a Chairperson who shall serve at the pleasure of the Governor. The Chairperson shall be a business representative serving pursuant to C(5)(a) and may not be an elected official or an employee of the State of Maryland or any local government.</text> </paragraph> <paragraph num="(11)"> <text>Members of the Board may not receive any compensation for their service, but may receive reimbursement for reasonable expenses incurred in the performance of their duties in accordance with the State Travel Regulations and as provided in the State budget.</text> </paragraph> <paragraph num="(12)"> <text>Members of the Board are subject to the State Public Ethics Law and are required to file annual financial disclosures unless otherwise exempted by law.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Board shall hold publicly announced meetings at such times and such places as it deems necessary. The meetings shall be open and accessible to the general public in accordance with Maryland’s Open Meetings Act or other applicable law.</text> </paragraph> <paragraph num="(2)"> <text>A quorum for voting purposes shall be the presence of a majority of the members of the Board. Board members cannot delegate their authority and cannot send a representative in their place for quorum or voting purposes.</text> </paragraph> <paragraph num="(3)"> <text>The Board is authorized to obtain such professional, technical, and clerical personnel and assistance as may be necessary to carry out its functions, in accordance with the appropriate State budgetary and administrative requirements.</text> </paragraph> <paragraph num="(4)"> <text>The Board may establish an Executive Committee composed of members appointed by the Chairperson as designated in the bylaws. At least 51 percent of the members of the Executive Committee must be business members appointed under C(5)(a).</text> </paragraph> <paragraph num="(5)"> <text>The Board may delegate to the Executive Committee any of the powers of the Board except those powers which are required by law to be exercised by the Board. The Chairperson may also appoint ad-hoc committees as appropriate as provided in the bylaws.</text> </paragraph> <paragraph num="(6)"> <text>Board members who do not attend at least two-thirds of the scheduled Board meetings in a twelve month period are considered to have resigned unless a waiver is granted by the Governor.</text> </paragraph> <paragraph num="(7)"> <text>The Board members and staff shall collaborate with staff of the State’s workforce development agency on workforce development strategies, policies, and programs as needed to ensure that the Board’s functions regarding statewide strategy, policy, partnerships and workforce system governance are well-coordinated with the operations of key workforce development programs, and to ensure that Maryland’s businesses, residents, local workforce development boards and other workforce development stakeholders experience a coherent and coordinated workforce system that supports economic competitiveness, talent pipelines for businesses, and access to opportunity for all Marylanders.</text> </paragraph> <paragraph num="(8)"> <text>The Board is authorized to explore public-private partnership opportunities and, as it deems necessary, to establish processes or mechanisms, conforming with State law, by which to accept financial resources from philanthropic organizations to support the Board’s capacity to conduct activities related to the responsibilities above.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Reporting: The Board shall submit an annual report to the Governor and the General Assembly as soon as possible after January 1 of each year.</text> </paragraph> <paragraph num="F."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: December 21, 2023.</annotation> </annotations> </regulation> </chapter> <chapter num="2024" heading=""> <regulation prefix="Executive Order" num=".01" heading="The Longevity-Ready Maryland Initiative: A Multisector Plan for Longevity"> <paragraph num="A."> <paragraph num="(1)"> <text>The Maryland Department of Aging is hereby directed to develop and implement the Longevity-Ready Maryland Initiative, a multisector plan to evaluate existing services, support, and care options for older adults and recommend a plan of action to address demographic trends, such as the falling birth rate and longer life spans of residents in Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The Longevity-Ready Maryland Initiative will serve as a blueprint for all sectors to positively transform the aging experience for all Marylanders, through collaboration, partnership, strategic investments, and policy changes.</text> </paragraph> </paragraph> <paragraph num="B."> <paragraph num="(1)"> <text>The Secretary of the Maryland Department of Aging (“Secretary”) shall convene workgroups to advise the Secretary in developing and implementing the Longevity-Ready Maryland Initiative.</text> </paragraph> <paragraph num="(2)"> <text>The workgroups shall include representatives from:</text> <paragraph num="a."> <text>Area agencies on aging;</text> </paragraph> <paragraph num="b."> <text>The older adult community;</text> </paragraph> <paragraph num="c."> <text>The Aging Network;</text> </paragraph> <paragraph num="d."> <text>Organized Labor;</text> </paragraph> <paragraph num="e."> <text>Advocacy organizations for older adults;</text> </paragraph> <paragraph num="f."> <text>Caregivers and caregiver advocacy organizations;</text> </paragraph> <paragraph num="g."> <text>The private sector;</text> </paragraph> <paragraph num="h."> <text>Aging experts from the following disciplines: healthcare, technology, academia, innovation, and philanthropy; and</text> </paragraph> <paragraph num="i."> <text>Such other agencies and experts recommended to the Governor by the Secretary as necessary to develop and implement the Longevity-Ready Maryland Initiative.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In selecting workgroup members, the Secretary shall consider:</text> <paragraph num="a."> <text>The racial, ethnic, gender, and geographic diversity of Maryland; and</text> </paragraph> <paragraph num="b."> <text>The lived and professional experiences of potential members.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Secretary shall engage and coordinate with independent State agencies, federal, State, and local partners, and, if feasible, private entities to gather information that may assist in the development of the Longevity-Ready Maryland Initiative.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Initiative shall:</text> <paragraph num="(1)"> <text>Evaluate the utility of existing services, support, and care options for older adults, including those with different abilities;</text> </paragraph> <paragraph num="(2)"> <text>Review current data and establish a comprehensive framework of policies and programs that seek to improve and support the health, well-being, and quality of life for older adults;</text> </paragraph> <paragraph num="(3)"> <text>Set forth a plan to transform the infrastructure and coordination of services among State agencies for older adults;</text> </paragraph> <paragraph num="(4)"> <text>Identify goals with measurable outcomes, necessary to implement the Longevity-Ready Maryland Initiative; and</text> </paragraph> <paragraph num="(5)"> <text>Include recommendations on:</text> <paragraph num="a."> <text>Enhancing coordination among public and private partners on aging-related programs and policies;</text> </paragraph> <paragraph num="b."> <text>Increasing coordination between federal, State, and local government programs and services to serve the needs of older adults, their families, and caregivers;</text> </paragraph> <paragraph num="c."> <text>Changes to laws, regulations, and policies that will promote capacity building in housing, transportation, long-term care, and caregiver support;</text> </paragraph> <paragraph num="d."> <text>Mechanisms to strengthen the direct care workforce and support family caregivers;</text> </paragraph> <paragraph num="e."> <text>Long-term care and insurance models for older adults and the feasibility of implementing each;</text> </paragraph> <paragraph num="f."> <text>Opportunities to better support cognitive and behavioral health for older adults;</text> </paragraph> <paragraph num="g."> <text>Opportunities to improve the economic well-being of older adults;</text> </paragraph> <paragraph num="h."> <text>Increasing access to justice for older adults, including combating abuse, neglect, fraud, and exploitation;</text> </paragraph> <paragraph num="i."> <text>Creating a more age-integrated State that promotes intergenerational relationships and decreases loneliness across generations;</text> </paragraph> <paragraph num="j."> <text>Expanding Maryland’s workforce to include older adults;</text> </paragraph> <paragraph num="k."> <text>Funding sources to support any recommended programs or policy changes developed under the Longevity-Ready Maryland Initiative; and</text> </paragraph> <paragraph num="l."> <text>Any other aging-related matters identified by the Maryland Department of Aging.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <paragraph num="(1)"> <text>By July 1, 2025, the Department of Aging shall submit an interim report to the Governor summarizing the findings and recommendations of the Longevity-Ready Maryland Initiative and provide projected timelines to implement the recommendations.</text> </paragraph> <paragraph num="(2)"> <text>By July 1, 2025, the Department of Aging and the Department of Planning shall establish a public data dashboard to publish the goals, performance indicators, and progress of the Longevity-Ready Maryland Initiative.</text> </paragraph> <paragraph num="(3)"> <text>The Department of Aging shall submit a report to the Governor on or before January 1, 2026, and annually by January 1st each year thereafter, outlining the activities and recommendations of the Longevity-Ready Maryland Initiative.</text> </paragraph> </paragraph> <paragraph num="E."> <text>This Executive Order shall remain in effect until December 31, 2035, unless earlier modified or rescinded.</text> </paragraph> <paragraph num="F."> <paragraph num="(1)"> <text>To the extent permitted by law, all units of State government that are under the control of the Governor shall cooperate with and assist the Department of Aging by sharing information and expertise, to develop and implement the Longevity-Ready Maryland Initiative.</text> </paragraph> <paragraph num="(2)"> <text>Constitutional officers and units of State government that are not under the control of the Governor, like the Comptroller and Attorney General, are invited to contribute and assist the Department of Aging in developing and implementing the Longevity-Ready Maryland Initiative.</text> </paragraph> </paragraph> <paragraph num="G."> <paragraph num="(1)"> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="(2)"> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: January 3, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".02" heading="Catalyzing the Responsible and Productive Use of Artificial Intelligence in Maryland State Government"> <paragraph num="A."> <text>Definitions. In this Executive Order, the following terms have the meaning indicated.</text> <paragraph num="1."> <text>The term “artificial intelligence” or “AI” has the meaning set forth in 15 U.S.C. § 9401(3): a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action.</text> </paragraph> <paragraph num="2."> <text>The term “generative AI” or “GenAI” refers to AI algorithms and models that can create new content, including audio, code, images, text, and video, based on the data they are trained on.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Principles. Any use of AI in Maryland state agencies shall be rooted in the following.</text> <paragraph num="1."> <text>Fairness and equity.</text> </paragraph> <paragraph num="2."> <text>Innovation.</text> </paragraph> <paragraph num="3."> <text>Privacy.</text> </paragraph> <paragraph num="4."> <text>Safety, security, and resiliency.</text> </paragraph> <paragraph num="5."> <text>Validity and reliability.</text> </paragraph> <paragraph num="6."> <text>Transparency, accountability, and explainability.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Establishment of AI Subcabinet. To ensure these principles are at the root of all AI use by Maryland state government agencies, there is hereby established an AI Subcabinet of the Governor’s Executive Council (the “AI Subcabinet”).</text> <paragraph num="1."> <text>Purpose. The purpose of the AI Subcabinet is to:</text> <paragraph num="a."> <text>Promote the principles set forth in this executive order among all units of State government;</text> </paragraph> <paragraph num="b."> <text>Provide advice and recommendations to the Governor on matters related to AI; and</text> </paragraph> <paragraph num="c."> <text>Facilitate statewide coordination on the responsible, ethical, and productive use of AI, including by recommending approaches and State policies, setting objectives and priorities, structuring workstreams, establishing working groups, and building internal and external partnerships as needed.</text> </paragraph> </paragraph> <paragraph num="2."> <text>Membership. The AI Subcabinet shall include the following members.</text> <paragraph num="a."> <text>The Secretary of Information Technology;</text> </paragraph> <paragraph num="b."> <text>The Secretary of Budget and Management;</text> </paragraph> <paragraph num="c."> <text>The Secretary of General Services;</text> </paragraph> <paragraph num="d."> <text>The Secretary of Labor;</text> </paragraph> <paragraph num="e."> <text>The Secretary of Commerce;</text> </paragraph> <paragraph num="f."> <text>The Director of the Governor’s Office of Homeland Security;</text> </paragraph> <paragraph num="g."> <text>The Chief Privacy Officer;</text> </paragraph> <paragraph num="h."> <text>The Chief Data Officer;</text> </paragraph> <paragraph num="i."> <text>The Senior Advisor for Responsible AI; and</text> </paragraph> <paragraph num="j."> <text>Any additional member of the Governor’s Executive Council at the discretion of the Chair.</text> </paragraph> </paragraph> <paragraph num="3."> <text>Chair. The Secretary of the Department of Information Technology shall chair the AI Subcabinet.</text> </paragraph> <paragraph num="4."> <text>The AI Subcabinet may designate working groups from the members’ agencies to assist in the performance of its duties.</text> </paragraph> <paragraph num="5."> <text>Each Executive Branch department and agency is hereby required, to the extent not inconsistent with law, to cooperate fully with the AI Subcabinet, and to furnish such assistance - including data, reports, or other information and assistance - on as timely a basis as is necessary to accomplish the purpose of the Executive Order.</text> </paragraph> </paragraph> <paragraph num="D."> <text>AI Action Plan. The AI Subcabinet shall develop and implement a comprehensive action plan that takes a phased approach to operationalizing the State’s AI principles. The elements of this plan shall draw upon emerging and established guidance such as NIST’s AI Risk Management Framework, while acknowledging that global best practices and standards in AI governance are still being formulated and evolving. It will include at a minimum:</text> <paragraph num="1."> <text>A path to establishing policies, processes, standards, contracts, and playbooks that ensure any AI tools procured by the State adhere to the AI principles.</text> </paragraph> <paragraph num="2."> <text>Developing an approach and timeline to embedding risk-based assessments for AI tools into state processes.</text> </paragraph> <paragraph num="3."> <text>Developing an approach and timeline to move towards continuous monitoring of AI tools, to ensure they continue to reflect the state’s adopted values.</text> </paragraph> <paragraph num="4."> <text>An approach to conducting legal analyses on an ongoing basis to evaluate evolving AI impacts to existing laws, policies, and regulations, and any necessary changes therein.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Promotion of AI Knowledge, Skills, and Talent in State Government. In order to upskill the state workforce and ensure access to needed AI talent, the AI Subcabinet shall:</text> <paragraph num="1."> <text>Find, evaluate, and offer training programs for state workers on the use of AI, and particularly Generative AI.</text> </paragraph> <paragraph num="2."> <text>Explore ways to provide external AI talent, such as in academic institutions or industry, an opportunity to serve Marylanders and State government agencies via targeted, short-term projects.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Recommendations for Critical Domains.</text> <paragraph num="1."> <text>Over time, AI may have particular influence and impact on certain sectors of Maryland’s economy, environment, and society. The AI Subcabinet shall oversee and coordinate efforts to study and provide recommendations to the Governor and the legislature for Maryland-specific approaches in the following critical domains: workforce, economic development, and security.</text> <paragraph num="a."> <text>Workforce: Potential impacts of AI on the Maryland workforce in the coming decade and responses - including opportunities to upskill the workforce - in collaboration, as appropriate, with external experts, workers, labor unions, business, and civil society.</text> </paragraph> <paragraph num="b."> <text>Economic development: Opportunities and approaches for AI to drive job and business creation and growth in Maryland.</text> </paragraph> <paragraph num="c."> <text>Security: Mapping emergent cyber and physical security and resiliency risks to Maryland infrastructure and residents stemming from AI, along with prioritized recommendations.</text> </paragraph> </paragraph> <paragraph num="2."> <text>The AI Subcabinet may determine, at its discretion, any additional sectors that will be identified and studied as critical domains.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Identify AI Use Cases and Build Foundational Infrastructure.</text> <paragraph num="1."> <text>The Department of Information Technology shall evaluate relevant infrastructure to safely, securely, and efficiently test AI proofs of concept (PoCs) and pilots.</text> </paragraph> <paragraph num="2."> <text>The Department of General Services, in close consultation and partnership with the Department of Information Technology, shall create a repeatable playbook for running and procuring AI PoCs and pilots in compliance with applicable State laws, regulations, and policies.</text> </paragraph> <paragraph num="3."> <text>The Department of Information Technology, in consultation with the AI Subcabinet, will work with interested agencies to provide support in identifying and prioritizing use cases and executing PoCs/pilots for key areas in line with the Governor’s priorities.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Nothing in this Executive Order shall be construed to impair or otherwise affect the authority granted by law to an executive department or agency.</text> </paragraph> <paragraph num="I."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="J."> <text>If any provision of this Executive Order is held invalid, or its application to a person, event or circumstances is held invalid by any court of competent jurisdiction, all other applications or provisions of the Executive Order shall remain in effect to the greatest extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective: January 8, 2024</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".04" heading="Re-establishing the Joint Enforcement Task Force on Workplace Fraud"> <paragraph num="A."> <text>Establishment. There is a Joint Enforcement Task Force on Workplace Fraud (“Task Force”).</text> </paragraph> <paragraph num="B."> <text>Definition. For purposes of this Executive Order, “workplace fraud” means an employer's failure to properly classify an individual as an employee in violation of applicable law.</text> </paragraph> <paragraph num="C."> <text>Membership. The Task Force shall consist of:</text> <paragraph num="(1)"> <text>The Secretary of Labor or the Secretary's designee;</text> </paragraph> <paragraph num="(2)"> <text>The Comptroller or the Comptroller's designee;</text> </paragraph> <paragraph num="(3)"> <text>The Attorney General or the Attorney General's designee;</text> </paragraph> <paragraph num="(4)"> <text>The Chair of the Workers' Compensation Commission or the Chair's designee;</text> </paragraph> <paragraph num="(5)"> <text>The Insurance Commissioner or the Commissioner's designee;</text> </paragraph> <paragraph num="(6)"> <text>The Director of Department of Assessments and Taxation, or the Director’s designee;</text> </paragraph> <paragraph num="(7)"> <text>The Commissioner of the Division of Occupational and Professional Licensing, or the Commissioner’s designee;</text> </paragraph> <paragraph num="(8)"> <text>The Commissioner of Labor and Industry, or the Commissioner’s designee; and</text> </paragraph> <paragraph num="(9)"> <text>The Assistant Secretary for the Division of Unemployment Insurance or the Assistant Secretary’s designee.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Secretary of Labor, or the Secretary's designee shall serve as the Chair of the Task Force.</text> </paragraph> <paragraph num="(2)"> <text>Members of the Task Force may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> <paragraph num="(3)"> <text>The Department of Labor shall provide publication, operational, and other support as needed to the Task Force.</text> </paragraph> <paragraph num="(4)"> <text>The Task Force may identify and add members from governmental units whose participation would further its mission.</text> </paragraph> <paragraph num="(5)"> <text>Consistent with the law, the Task Force may obtain information and cooperation from other governmental units.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Duties. The Task Force shall coordinate the investigation and enforcement of workplace fraud. In fulfilling this mission, the Task Force shall have the following powers and duties:</text> <paragraph num="(1)"> <text>To facilitate among Task Force members, and obtain from other governmental units, the timely sharing of information related to suspected workplace fraud to the maximum extent permitted by law, including maintaining an inter-agency online platform to share such information;</text> </paragraph> <paragraph num="(2)"> <text>To pool, focus, and target investigative and enforcement resources;</text> </paragraph> <paragraph num="(3)"> <text>To assess existing methods and best practices, in both Maryland and other jurisdictions, with respect to workplace fraud prevention and enforcement, and to recommend that participating agencies adopt appropriate measures to improve their prevention and enforcement efforts;</text> </paragraph> <paragraph num="(4)"> <text>To enter into partnerships and agreements with other jurisdictions to facilitate cross-jurisdictional investigations and enforcement activities;</text> </paragraph> <paragraph num="(5)"> <text>To work with academics and experts to study the issues of workplace fraud and develop models to quantify the true costs of these practices to workers, to law-abiding employers and businesses and to the State;</text> </paragraph> <paragraph num="(6)"> <text>To develop strategies for systematic investigations of workplace fraud, including within those industries and worker demographics in which workplace fraud is most common;</text> </paragraph> <paragraph num="(7)"> <text>To identify and facilitate enforcement actions against potential violators, including but not limited to actions to seek all appropriate remedies under applicable employment, business, tax, licensing and consumer protection laws;</text> </paragraph> <paragraph num="(8)"> <text>To identify significant cases of workplace fraud that should be investigated and addressed collaboratively, and to form joint enforcement teams to utilize the collective investigative and enforcement capabilities of the Task Force members;</text> </paragraph> <paragraph num="(9)"> <text>To establish protocols, consistent with applicable law, through which individual Task Force participating agencies investigating workplace fraud matters under their own statutory or administrative schemes will refer appropriate matters to other agencies for assessment of potential liability under all relevant statutory or administrative schemes;</text> </paragraph> <paragraph num="(10)"> <text>To establish referral procedures and solicit the cooperation and participation of local state’s attorneys and other law enforcement related agencies, where appropriate;</text> </paragraph> <paragraph num="(11)"> <text>To coordinate efforts with federal agencies and agencies of other states or jurisdictions involved in combating workplace fraud;</text> </paragraph> <paragraph num="(12)"> <text>To work cooperatively with business, organized labor, and community groups interested in reducing workplace fraud by:</text> <paragraph num="(a)"> <text>Coordinating effective outreach to businesses, and small businesses in particular, including preparing notices and educational materials relating to the business’s legal obligations under employment, business, tax and consumer protection laws; and</text> </paragraph> <paragraph num="(b)"> <text>Enhancing mechanisms to identify and report workplace fraud; and</text> </paragraph> <paragraph num="(c)"> <text>Increasing public awareness that workplace fraud is illegal and causes harm;</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>To work cooperatively with federal, State. and local social service agencies to provide assistance to individuals who have been harmed by workplace fraud; and</text> </paragraph> <paragraph num="(14)"> <text>To consult with representatives of business, organized labor, and other agencies to improve and expand the operation and effectiveness of the Task Force and its members.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Reporting. The Task Force shall issue a report to the Governor by December 31 of each year which shall:</text> <paragraph num="(1)"> <text>Describe the record and accomplishments of the participating agencies of the Task Force, including the amounts of wages, premiums, taxes, and other payments or penalties collected, as well as the number of employers cited for legal violations related to workplace fraud and the approximate number of employees affected;</text> </paragraph> <paragraph num="(2)"> <text>Identify any administrative or legal barriers impeding the more effective operation of the Task Force, including any barriers to information sharing or joint action;</text> </paragraph> <paragraph num="(3)"> <text>Propose, after consultation with representatives of business, organized labor, members of the General Assembly, and other affected agencies, appropriate administrative, legislative, or regulatory changes to:</text> <paragraph num="(a)"> <text>Reduce or eliminate any barriers to the Task Force's operations;</text> </paragraph> <paragraph num="(b)"> <text>Enhance the investigation, enforcement, and prevention of workplace fraud; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Identify successful strategies for preventing workplace fraud that reduce the need for greater enforcement.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Every agency, department, office, division, or public authority of the State shall cooperate with the Task Force and, to the fullest extent permitted by law, shall furnish such information and assistance as the Task Force determines is reasonably necessary to accomplish its purpose.</text> </paragraph> <paragraph num="H."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="I."> <text>If a State entity is subject to a federal law or regulation that conflicts with this Executive Order, the federal law or regulation shall take precedence.</text> </paragraph> <paragraph num="J."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective: January 9, 2024</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".05" heading="Establishing the Governor’s Office for Children and the Governor’s Office of Crime Prevention and Policy"> <text>(Rescinds Executive Order 01.01.2020.01)</text> <paragraph num="A."> <text>In this Executive Order, the following terms have the meanings indicated:</text> <paragraph num="(1)"> <text>“Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.</text> </paragraph> <paragraph num="(2)"> <text>“Fund” means the Children’s Cabinet Interagency Fund.</text> </paragraph> <paragraph num="(3)"> <text>“Plan” means the three-year plan prepared and annually updated by the Children’s Cabinet.</text> </paragraph> <paragraph num="(4)"> <text>“Special Secretary” means the Special Secretary of the Governor’s Office for Children.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Governor’s Office for Children</text> <paragraph num="(1)"> <text>The Governor's Office for Children is hereby established as a separate unit within the Executive Department to provide a coordinated, comprehensive, interagency approach to promoting the well-being of children and families through a network of supports, programs and services that is family and child-oriented and reducing the number of children living in poverty.</text> </paragraph> <paragraph num="(2)"> <text>Special Secretary of the Governor’s Office for Children.</text> <paragraph num="(a)"> <text>The Governor’s Office for Children shall be managed by the Special Secretary who:</text> <paragraph num="(i)"> <text>Is responsible for the daily operation and administration of the Governor’s Office for Children;</text> </paragraph> <paragraph num="(ii)"> <text>Chairs the Children's Cabinet, leading interagency processes to develop and implement coordinated State policies and programs designed to improve the well-being of children and families; and</text> </paragraph> <paragraph num="(iii)"> <text>Is appointed by and serves at the pleasure of the Governor.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Special Secretary shall:</text> <paragraph num="(i)"> <text>Advise the Governor on policies related to the well-being of children and families, including economic mobility;</text> </paragraph> <paragraph num="(ii)"> <text>Represent the Governor on boards, commissions, and councils as directed by the Governor or as required by law;</text> </paragraph> <paragraph num="(iii)"> <text>Promote values, policies and practices that continually advance the well-being of Maryland's children and families; and</text> </paragraph> <paragraph num="(iv)"> <text>Leverage federal initiatives and programs to support Maryland’s children and families.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Staffing. The Governor's Office for Children shall be composed of professional staff appointed by the Special Secretary and by professional staff liaisons from State agencies.</text> </paragraph> <paragraph num="(4)"> <text>Duties. The Office shall:</text> <paragraph num="(a)"> <text>Inform and support the work of the Children’s Cabinet;</text> </paragraph> <paragraph num="(b)"> <text>Promote values, policies and practices that continually advance the well-being of Maryland’s children and families;</text> </paragraph> <paragraph num="(c)"> <text>Partner with local management boards to plan, coordinate, and monitor the delivery of integrated services along the full continuum of care and oversee the use of Children’s Cabinet Interagency funds in accordance with policies and procedures established by the Children’s Cabinet; and</text> </paragraph> <paragraph num="(d)"> <text>Assist the Children’s Cabinet in the allocation of any funds assigned to the Children’s Cabinet for distribution as grants to any State agency, local government or organization, local management board or private organization.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>All State departments, agencies, commissions, and boards are authorized and directed to cooperate with the Governor’s Office for Children in implementing the provisions of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="C."> <text>There is a Children’s Cabinet administered by the Governor’s Office for Children.</text> <paragraph num="(1)"> <text>Membership and Procedures.</text> <paragraph num="(a)"> <text>The Children’s Cabinet shall consist of:</text> <paragraph num="(i)"> <text>The Secretary of Budget and Management;</text> </paragraph> <paragraph num="(ii)"> <text>The Secretary of Disabilities;</text> </paragraph> <paragraph num="(iii)"> <text>The Secretary of Health;</text> </paragraph> <paragraph num="(iv)"> <text>The Secretary of Human Services;</text> </paragraph> <paragraph num="(v)"> <text>The Secretary of Juvenile Services;</text> </paragraph> <paragraph num="(vi)"> <text>The State Superintendent of Schools;</text> </paragraph> <paragraph num="(vii)"> <text>The Secretary of Higher Education;</text> </paragraph> <paragraph num="(viii)"> <text>The Secretary of Labor;</text> </paragraph> <paragraph num="(ix)"> <text>The Secretary of Housing and Community Development;</text> </paragraph> <paragraph num="(x)"> <text>The Secretary of Service and Civic Innovation; and</text> </paragraph> <paragraph num="(xi)"> <text>The Special Secretary of the Governor’s Office for Children.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Special Secretary of the Governor’s Office for Children shall serve as Chairperson and be responsible for the administration and operation of the Children’s Cabinet.</text> </paragraph> <paragraph num="(c)"> <text>The Children’s Cabinet shall meet at the call of the Chairperson, no less than six times per year.</text> </paragraph> <paragraph num="(d)"> <text>The Governor’s Office for Children shall staff the Children’s Cabinet as necessary.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Duties and Responsibilities. The Children’s Cabinet shall:</text> <paragraph num="(a)"> <text>Promote the vision of the State for a stable, safe, and healthy environment for children and families, including by:</text> <paragraph num="(i)"> <text>Coordinating policies and programs targeting child poverty, including place-based strategies designed to provide “cradle to career” access to high quality education and care; connect workers to high quality jobs; enable family-sustaining income and access to affordable high quality housing, child care and health care, including reproductive, maternal, behavioral and mental health care; and increase community health and safety;</text> </paragraph> <paragraph num="(ii)"> <text>Developing a cross-agency strategy to increase access to and improve the delivery of services through federal and State programs designed to support children and families, including income supports, nutrition, housing, child care and health care programs, including mental, maternal, and infant health, and substance use programs;</text> </paragraph> <paragraph num="(iii)"> <text>Working with the Maryland State Department of Education and the Maryland Accountability and Implementation Board to ensure successful implementation of the Blueprint for Maryland’s Future;</text> </paragraph> <paragraph num="(iv)"> <text>Developing a cross-agency strategy for educator preparation programs to recruit, train, and support high quality educators;</text> </paragraph> <paragraph num="(v)"> <text>Developing a cross-agency strategy to increase access to and improve early care and education;</text> </paragraph> <paragraph num="(vi)"> <text>Developing a cross-agency strategy to increase access to and completion of high quality education and training programs that lead to good jobs;</text> </paragraph> <paragraph num="(vii)"> <text>Working with the Departments of Disabilities, Juvenile Services, Human Services, State Department of Education, and the Higher Education Commission to ensure aligned support for students with disabilities, and justice and welfare system-involved youth; and</text> </paragraph> <paragraph num="(viii)"> <text>Working with the Departments of Health and Human Services to expand access to high quality maternal, infant, and child health care.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Provide a regular forum for State agencies responsible for implementing the vision of the State to meet and develop coordinated policy recommendations for the Governor; and</text> </paragraph> <paragraph num="(c)"> <text>Prepare and annually update a three-year Plan that:</text> <paragraph num="(i)"> <text>Establishes priorities and strategies for the coordinated delivery of State interagency services to children and families;</text> </paragraph> <paragraph num="(ii)"> <text>Includes best practices for implementation of systems of care that are child centered and family focused, based on individual strengths and needs; and</text> </paragraph> <paragraph num="(iii)"> <text>Is coordinated with any other approved State plans relating to services for children and families.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Reports. The Children’s Cabinet shall submit the three-year Plan to the Governor on or before December 1, 2024.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Children’s Cabinet Interagency Fund</text> <paragraph num="(1)"> <text>The Children’s Cabinet may accept federal grants or allocations for the benefit of and to be appropriated, transferred, credited, or paid into the Fund.</text> </paragraph> <paragraph num="(2)"> <text>The Children’s Cabinet shall review and approve applications for grants from the Fund.</text> </paragraph> <paragraph num="(3)"> <text>Disbursements from the Fund shall:</text> <paragraph num="(a)"> <text>Be made to local subdivisions that have local management boards;</text> </paragraph> <paragraph num="(b)"> <text>Be made to organizations that support and enhance the work of the Children’s Cabinet; and</text> </paragraph> <paragraph num="(c)"> <text>Reflect the priorities set forth in the 3-year Plan.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Children’s Cabinet shall ensure that all programs funded by the Fund are implemented in accordance with the three-year Plan and policies and procedures adopted pursuant to this Executive Order.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Governor’s Office of Crime Prevention and Policy</text> <paragraph num="(1)"> <text>The Governor’s Office of Crime Prevention and Policy is hereby established as a separate unit within the Executive Department.</text> </paragraph> <paragraph num="(2)"> <text>Executive Director.</text> <paragraph num="(a)"> <text>The Governor’s Office of Crime Prevention and Policy shall be managed by an Executive Director who:</text> <paragraph num="(i)"> <text>Is responsible for the daily operation and administration of the Governor's Office of Crime Prevention and Policy; and</text> </paragraph> <paragraph num="(ii)"> <text>Is appointed by and serves at the pleasure of the Governor.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Executive Director shall:</text> <paragraph num="(i)"> <text>Advise the Governor on crime prevention and victim services;</text> </paragraph> <paragraph num="(ii)"> <text>Represent the Governor on boards, commissions, and councils as directed by the Governor or as required by law;</text> </paragraph> <paragraph num="(iii)"> <text>To promote public safety, crime prevention, and victim services within Maryland, coordinate interagency activities throughout the State and with:</text> <paragraph num="1."> <text>Local and federal governments;</text> </paragraph> <paragraph num="2."> <text>Local, regional, and federal counterpart organizations;</text> </paragraph> <paragraph num="3."> <text>Private nonprofit organizations; and</text> </paragraph> <paragraph num="4."> <text>The public;</text> </paragraph> </paragraph> <paragraph num="(iv)"> <text>Ensure that the State is a full and active partner in federal and State crime control and prevention and victim services grants and programs; and</text> </paragraph> <paragraph num="(v)"> <text>Leverage federal initiatives and innovations to support Maryland’s public safety, crime prevention and victim services policies.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Governor’s Office of Crime Prevention and Policy shall be composed of professional staff appointed by the Executive Director and as provided for in the State budget.</text> </paragraph> <paragraph num="(4)"> <text>The Governor’s Office of Crime Prevention and Policy shall:</text> <paragraph num="(a)"> <text>Direct and coordinate:</text> <paragraph num="(i)"> <text>Interagency and intergovernmental public safety, crime prevention, and victim services policies and programs within the State, paying special attention to key linkages between federal, State, regional, subdivision, and local activities; and</text> </paragraph> <paragraph num="(ii)"> <text>The application, allocation, and use of federal and State funds designated for services to law enforcement, victims and witnesses of crimes, and facilitate the delivery of such services;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Advise and provide recommendations to the Governor:</text> <paragraph num="(i)"> <text>About policies, strategies, legislation, budgets, and measures to improve public safety, crime prevention, and victim services within the State; and</text> </paragraph> <paragraph num="(ii)"> <text>To streamline existing committees, commissions, agencies, or departments to prevent redundancy or enhance efficiency;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>With the cooperation and collaboration of appropriate State units, prepare a three-year Comprehensive State Crime Prevention Plan, which shall be:</text> <paragraph num="(i)"> <text>Submitted to the Governor by December 1, 2024; and</text> </paragraph> <paragraph num="(ii)"> <text>Annually updated;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Serve as the State unit:</text> <paragraph num="(i)"> <text>Designated as the state administering agency for the United States Departments of Justice and Health and Human Services in the application for, and administration of, federal and State funds for public safety, crime prevention, and victim services programs; and</text> </paragraph> <paragraph num="(ii)"> <text>Administratively responsible for the preparation, management, and reporting functions with respect to the State plan required by the federal Juvenile Justice and Delinquency Prevention Act;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Assign staff to Maryland’s Juvenile Grant Planning and Review Council as the designated juvenile justice specialist required by federal law and regulations to perform functions that ensure compliance with federal standards for detention of juveniles in secure detention facilities or correctional facilities;</text> </paragraph> <paragraph num="(f)"> <text>Provide technical assistance for the public safety and crime prevention activities and programs of State and local units of government, private nonprofit organizations, and local communities;</text> </paragraph> <paragraph num="(g)"> <text>Encourage coordinated local crime prevention plans; and</text> </paragraph> <paragraph num="(h)"> <text>Perform such additional duties as may be assigned by the Governor.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Maryland Statistical Analysis Center.</text> <paragraph num="(1)"> <text>There is a Maryland Statistical Analysis Center within the Governor’s Office of Crime Prevention and Policy.</text> </paragraph> <paragraph num="(2)"> <text>The Maryland Statistical Analysis Center shall:</text> <paragraph num="(a)"> <text>In regards to State and local data on public safety, crime control and prevention, and victim services:</text> <paragraph num="(i)"> <text>Coordinate its collection and analysis with State and local units of government;</text> </paragraph> <paragraph num="(ii)"> <text>Ensure its timeliness and accuracy;</text> </paragraph> <paragraph num="(iii)"> <text>Interpret and utilize such data; and</text> </paragraph> <paragraph num="(iv)"> <text>Provide and coordinate its sharing with the Federal Bureau of Justice Statistics and other units of federal and state governments;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Produce statistical reports on public safety, crime prevention, and victim services;</text> </paragraph> <paragraph num="(c)"> <text>Coordinate, and provide to State and local agencies:</text> <paragraph num="(i)"> <text>Research, technical assistance, and statistics about public safety, crime prevention, and victim services; and</text> </paragraph> <paragraph num="(ii)"> <text>Appropriate access to federal resources with statistical information about public safety, crime control and prevention, and victim services;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Promote the development of systems that track statistics for public safety, crime prevention, and victim services in Maryland;</text> </paragraph> <paragraph num="(e)"> <text>Serve as an information center and repository for data and documents about public safety, crime prevention, and victim services programs;</text> </paragraph> <paragraph num="(f)"> <text>Provide support to the Criminal Justice Information Advisory Board; and</text> </paragraph> <paragraph num="(g)"> <text>Perform such additional duties as may be assigned by the Governor.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Except as otherwise provided by law or this Executive Order, all existing policies and procedures, contracts, property, and other duties and responsibilities associated with the Governor’s Office of Crime Prevention, Youth, and Victim Services established under Executive Order 01.01.2020.01, shall continue in effect under the renamed Governor’s Office of Crime Prevention and Policy, the reestablished Governor’s Office for Children, and the Children’s Cabinet, respectively, unless completed, withdrawn, canceled, or modified or otherwise changed pursuant to law.</text> </paragraph> <paragraph num="H."> <text>In any other Executive Order:</text> <paragraph num="(1)"> <text>“Governor’s Office of Crime Control and Prevention” means the Governor’s Office of Crime Prevention and Policy;</text> </paragraph> <paragraph num="(2)"> <text>“Executive Director of the Governor’s Office of Crime Control and Prevention” means the Executive Director of the Governor’s Office of Crime Prevention and Policy;</text> </paragraph> <paragraph num="(3)"> <text>“Governor’s Office of Crime Prevention, Youth, and Victims Services” means the Governor’s Office of Crime Prevention and Policy;</text> </paragraph> <paragraph num="(4)"> <text>“Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victims Services” means the Executive Director of the Governor’s Office of Crime Prevention and Policy; and</text> </paragraph> <paragraph num="(5)"> <text>“Executive Director of the Governor’s Office for Children” means the Special Secretary of the Governor’s Office for Children;</text> </paragraph> </paragraph> <paragraph num="I."> <text>All units of the State subject to the control and direction of the Governor are authorized and directed to cooperate with, and provide such data and other information as may be allowed by law, to the Executive Director of the Governor’s Office of Crime Prevention and Policy and the Special Secretary of the Governor’s Office for Children for the purpose of implementing the provisions of this Executive Order.</text> </paragraph> <paragraph num="J."> <text>This Executive Order may not be construed to alter the designation of, or grant authority to, any unit of State or local government for the purposes of federal law.</text> </paragraph> <paragraph num="K."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: January 18, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".06" heading="Reorganization of State Government Establishing the Governor’s Office for Children and Governor’s Office of Crime Prevention and Policy"> <text>AN EXECUTIVE ORDER PURSUANT TO ARTICLE II, SECTION 24 OF THE CONSTITUTION OF MARYLAND</text> <text>AN EXECUTIVE ORDER concerning</text> <text>Reorganization of State Government</text> <text>Establishing the Governor’s Office for Children and Governor’s Office of Crime Prevention and Policy</text> <text>FOR the purpose of renaming the Governor’s Office of Crime Prevention, Youth, and Victim Services to be the Governor’s Office of Crime Prevention and Policy; renaming the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth and Victim Services to be the Governor’s Office for Children; providing that the Governor’s Office of Crime Prevention and Policy shall be the successor to the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing that the Governor’s Office for Children shall be the successor to the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing that certain employees transferred as a result of this Act shall be transferred without diminution of certain rights, benefits, or employment or retirement status; providing for the continuity of certain transactions affected by or flowing from this Act; providing for the continuity of certain laws, rules, and regulations, standards and guidelines, policies, orders, and other directives, permits and licenses, applications, forms, plans, memberships, contracts, property, investigations, and administrative and judicial responsibilities; providing for appropriate transitional provisions relating to the continuity of certain boards and other units; providing that certain property, records, fixtures, appropriations, credits, assets, liabilities, obligations, rights, and privileges are transferred to the Governor’s Office of Crime Prevention and Policy and the Governor’s Office for Children; providing for the continuity of certain contracts, agreements, grants, or other obligations; requiring the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, to correct any cross-references or terminology rendered incorrect by this Executive Order and to describe any corrections made in an editor’s note following the section affected; and generally relating to the establishment of the Governor’s Office of Crime Prevention and Policy and the Governor’s Office for Children.</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Business Regulation</text> <text>Section 15-210(a)(1)</text> <text>Annotated Code of Maryland</text> <text>(2015 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Correctional Services</text> <text>Section 3-518(a)(9), 9-603(a)(2)(i), and (j), and (k), 9-614(b)</text> <text>Annotated Code of Maryland</text> <text>(2017 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Courts and Judicial Proceedings</text> <text>Section 3-1510(a)(5) and (h), 10-924(b)(2) and (c)</text> <text>Annotated Code of Maryland</text> <text>(2020 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Criminal Procedure</text> <text>Section 2-404, 10-208(a)(4), 10-209(b) and (e), 11-801(f), 11-804(a), 11-910(d), 11-911, 11-914(6), 11-919(b) and (c)(1), 11-923(c)(1), (d), (e), and (g), 11-926.1(a)(1) and (3)(ii), (b)(1), and (c), 11-927(d)(2)(ix)2., 11-928(a), (c), (d)(1), (e)(1), and (f), 11-934(b)(1), (c)(1) and (3), (d), (e), and (g), 11-1006(c)(1), (d), (e), and (g), 11-1008(b)(3) and (e), 11-1101(c), 11-1102(a) and (b)(4), 12-403(d)(2), 12-601, 12-602(e)(2), (f), and (g)(1)(i) and (2), 17-105(a)</text> <text>Annotated Code of Maryland</text> <text>(2018 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Education</text> <text>Section 8-417(b)(2) and 9.5-203(a)(6)</text> <text>Annotated Code of Maryland</text> <text>(2022 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Family Law</text> <text>Section 4-501(h), 4-503(a)(1), 4-512(a)(5) and (h), 4-515(a)(1) and (c)(2), 5-704.4(a)(3) and (f), 5-1102(a)(3) and 5-1103(a)(3)</text> <text>Annotated Code of Maryland</text> <text>(2019 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Health General</text> <text>Section 5-703(a)(7), 7.5-303(a)(1)(xi) and (xii), 13-1504(a)(1)(ix), 13-4202(a) and (d)(1), 13-4401(a)(1), 13-4502(b)(7), (8), and (9), 13-4803(a)(13), (16), and (17), 15-139(d)(1), 24-904(b)(3)</text> <text>Annotated Code of Maryland</text> <text>(2023 Replacement Volume)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Health Occupations</text> <text>Section 20-101(l)(2)(ii)</text> <text>Annotated Code of Maryland</text> <text>(2019 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Housing and Community Development</text> <text>Section 4-2103(a)(13)(i)</text> <text>Annotated Code of Maryland</text> <text>(2019 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Human Services</text> <text>Section 1-210(3), 6-604(a)(6), 7-128(12) and (16), 8-101(b), (g) through (s), 8-306(a)(1), 8-402(a)(1), 8-508, 8-704(c) through (e), 8-705, 8-1301(b)(13) through (15), 8-1304(a)(10) through (12), 8-1307</text> <text>Annotated Code of Maryland</text> <text>(2019 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Public Safety</text> <text>Section 1-401(b)(9), 2-315(c)(7), 2-514(a) and (b), 3-207(a)(18), (h), and (k)(2), 3-501.1(c), 3-507(b) through (e), 3-508(a)(4), 3-514(b)(3), 3-522(b)(1) and (3), (c)(2)(ii), (iv) and (3)(i), 3-525(b), (c), (d)(2)(i), (e), (f)(1) and (3), 3-528(c) through (e), 3-530(a) and (c), 4-101(b), 4-401(d), 4-501(e), 4-601(b), 4-701(c), 4-703(f), 4-901(e), 4-903(a), 4-906(c)(2), 4-907(d), 4-1008(2), 4-1009(a) and (c)(1) and (2), 4-1011(c)(1), 4-1012(a)(2) and (d), 4-1101(c), 4-1201, 14-1301(b), 4-1401(b), 4-1502(a), 4-1503(2), 4-1601(d), 5-502(a), (b)(2)(iv), and (f)</text> <text>Annotated Code of Maryland</text> <text>(2022 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - State Finance and Procurement</text> <text>Section 2-209(c)(1)(xiii)</text> <text>Annotated Code of Maryland</text> <text>(2021 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - State Government</text> <text>Section 2-1261(d), 6-401(d), 6-404(9), 6-406(a), 9-2701(c)(1)(iv), 9-3201(c), 9-3202, 9-3206, 9-3207(e)(2), 9-3209(b)(4), 9-3211(g), 9-3601, 10-1503(b)(22)</text> <text>Annotated Code of Maryland</text> <text>(2021 Replacement Volume and 2023 Supplement)</text> <text>BY adding</text> <text>Article - State Government</text> <text>Section 9-3701</text> <text>Annotated Code of Maryland</text> <text>(2021 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - State Personnel and Pensions</text> <text>Section 29-304(16), (20), (21), and (22)</text> <text>Annotated Code of Maryland</text> <text>(2015 Replacement Volume and 2023 Supplement)</text> <text>BY repealing and reenacting, with amendments</text> <text>Article - Transportation</text> <text>Section 12-206.1(b)(1)(ii) and (e), and 25-113(a)(5) and (f)(1)(iv)</text> <text>Annotated Code of Maryland</text> <text>(2020 Replacement Volume and 2023 Supplement)</text> <paragraph num="1."> <text>BE IT ORDERED BY THE GOVERNOR OF MARYLAND, pursuant to Article II, Section 24, of the Constitution of Maryland, that the Laws of Maryland read as follows:</text> </paragraph> <paragraph num="2."> <text>AND BE IT FURTHER ORDERED, That, as provided in this Executive Order:</text> <paragraph num="(a)"> <paragraph num="(1)"> <text>Except as provided in paragraph (2) of this subsection, the Governor’s Office of Crime Prevention and Policy is the successor of the Governor’s Office of Crime Prevention, Youth, and Victim Services.</text> </paragraph> <paragraph num="(2)"> <text>The Governor’s Office for Children is the successor of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services.</text> </paragraph> <paragraph num="(3)"> <text>Except as provided in paragraph (4) of this subsection, the Executive Director of the Governor’s Office of Crime Prevention and Policy is the successor of the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services.</text> </paragraph> <paragraph num="(4)"> <text>The Special Secretary of the Governor’s Office for Children is the successor of the Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>In every law, executive order, rule, regulation, policy, or document created by an official, an employee, or a unit of this State, the names and titles of those agencies and officials mean the names and titles of the successor agency or official.</text> </paragraph> </paragraph> <paragraph num="3."> <text>AND BE IT FURTHER ORDERED, that all persons who, as of the effective date of this Order, are employed in the Governor’s Office of Crime Prevention, Youth, and Victim Services are hereby transferred to the Governor’s Office of Crime Prevention and Policy or the Governor’s Office for Children, as appropriate, without any change or loss of pay, working conditions, benefits, rights, or status, and shall retain their merit system and retirement system status.</text> </paragraph> <paragraph num="4."> <text>AND BE IT FURTHER ORDERED, that any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.</text> </paragraph> <paragraph num="5."> <text>AND BE IT FURTHER ORDERED, that except as otherwise expressly provided in this Order, the continuity of every division, board, commission, authority, council, committee, office, and other unit is retained. All rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, findings, determinations, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, equipment, records, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties, and responsibilities associated with those functions of the Governor’s Office of Crime Prevention, Youth, and Victim Services transferred by this Order shall continue in effect under the Governor’s Office of Crime Control and Prevention and the Governor’s Office for Children, respectively until withdrawn, canceled, modified, or otherwise changed in accordance with law.</text> </paragraph> <paragraph num="6."> <text>AND BE IT FURTHER ORDERED, that any unexpended appropriation for the purpose of financing the Governor’s Office of Crime Prevention, Youth, and Victim Services shall be transferred by approved budget amendment to the Governor’s Office of Crime Prevention and Policy or the Governor’s Office for Children, as appropriate.</text> </paragraph> <paragraph num="7."> <text>AND BE IT FURTHER ORDERED, that nothing in this Act shall affect the terms of office of a member of any division, board, council, commission, authority, office, unit, or other entity that is transferred by this Act to the Governor’s Office of Crime Prevention and Policy or the Governor’s Office for Children. An individual who is a member of any such entity on the effective date of this Act shall remain a member for the balance of the term to which the member is appointed, unless the member sooner dies, resigns, or is removed under appropriate provisions of law.</text> </paragraph> <paragraph num="8."> <text>AND BE IT FURTHER ORDERED, that the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, shall correct, with no further action required by the General Assembly, cross-references and terminology rendered incorrect by this Executive Order. The publisher shall adequately describe any correction that is made in an editor’s note following the section affected.</text> </paragraph> <paragraph num="9."> <text>AND BE IT FURTHER ORDERED, that this Executive Order shall become effective and have the force of law on the 1st day of May, 2024, unless specifically disapproved within 50 days after submission, by a Resolution of Disapproval concurred in by a majority vote of all members of either House of the General Assembly.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: January 18, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".08" heading="Maryland Economic Council"> <text>(Amends Executive Order 01.01.2023.09)</text> <paragraph num="A."> <text>Establishment. There is hereby established a Maryland Economic Council (“Council”).</text> </paragraph> <paragraph num="B."> <text>Membership. The Council shall consist of the following members:</text> <paragraph num="(1)"> <text>The Lieutenant Governor or the Lieutenant Governor’s designee;</text> </paragraph> <paragraph num="(2)"> <text>The Secretary of Budget & Management or the Secretary’s designee;</text> </paragraph> <paragraph num="(3)"> <text>The Secretary of Commerce or the Secretary’s designee;</text> </paragraph> <paragraph num="(4)"> <text>The Chief Data Officer or the Chief Data Officer’s designee;</text> </paragraph> <paragraph num="(5)"> <text>The Secretary of Labor or the Secretary’s designee;</text> </paragraph> <paragraph num="(6)"> <text>The Comptroller of Maryland, or the Comptroller’s Designee;</text> </paragraph> <paragraph num="(7)"> <text>No fewer than five (5) and no more than fifteen (15) members, appointed by the Governor, with training, knowledge, and experience in analyzing and interpreting economic data, developments and trends, appraising programs and activities of the government, recommending economic policy in light of the international, national and State macroeconomic environment, and proposing strategies to build a more equitable economy; and</text> </paragraph> <paragraph num="(8)"> <text>Such other officials of executive departments and agencies as the Governor may from time to time designate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Chair. The Governor shall appoint the Chair from among the members. The Chair shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="D."> <text>Meetings of the Council.</text> <paragraph num="(1)"> <text>The Council shall meet as often as its duties require, but no less than quarterly.</text> </paragraph> <paragraph num="(2)"> <text>The Council Chair may convene meetings of the Council and shall preside over the meetings.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Functions. The principal functions of the Council are to provide economic policy advice and recommendations to the Governor by:</text> <paragraph num="(1)"> <text>Identifying and tracking the underlying economic factors impacting the macroeconomic environment (such as interest rates, systematic risks in the banking system, disruptions to the global supply chain, gross domestic product, unemployment rates, and inflation);</text> </paragraph> <paragraph num="(2)"> <text>Analyzing the projected impacts of State policy issues, such as tax policy and specific investment proposals, on the competitiveness of the State’s economy and strengthening key economic metrics;</text> </paragraph> <paragraph num="(3)"> <text>Evaluating the State’s current economic development policies and activities to identify additional techniques to foster greater economic and business development and support commerce;</text> </paragraph> <paragraph num="(4)"> <text>Examining existing economic policy instrumentalities, boards and commissions within the State (including, but not limited to, the Maryland Economic Development Corporation (MEDCO), Maryland Technology Development Corporation (TEDCO), and Maryland Economic Development Commission (MEDC)), develop a plan to coordinate each entity’s distinct mandates, and identify potential areas for collaboration to meet desired goals;</text> </paragraph> <paragraph num="(5)"> <text>Reviewing current economic policies through an equitable lens to ensure fairness and help eliminate the racial wealth gap; and,</text> </paragraph> <paragraph num="(6)"> <text>Assessing and highlighting the economic and competitive impact of Maryland’s commitment to policies of inclusivity, openness, and diversity.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Administration.</text> <paragraph num="(1)"> <text>The Council may function through established or ad hoc committees.</text> </paragraph> <paragraph num="(2)"> <text>The Council shall be staffed by the Maryland Department of Commerce. The Council shall have such staff and other assistance as may be necessary to carry out the provisions of this order.</text> </paragraph> <paragraph num="(3)"> <text>All executive departments and agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request, to the extent permitted by law.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Council Chair shall:</text> <paragraph num="a."> <text>Oversee the implementation of this Executive Order and the work of the Council;</text> </paragraph> <paragraph num="b."> <text>Determine the Council’s agenda; and</text> </paragraph> <paragraph num="c."> <text>Identify additional support as needed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Council Chair may adopt bylaws, rules, and other procedures necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(3)"> <text>A majority of the members present shall constitute a quorum for the transaction of any business of the Council.</text> </paragraph> <paragraph num="(4)"> <text>The Council shall submit an annual report to the Governor on or before January 1, 2024, and by October 1st each year thereafter, outlining the current economic conditions impacting the macroeconomic environment, evaluating their impact on Maryland’s economy, and recommending courses of action consistent with its’ duties under section E of this order.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Duration. This Executive Order shall remain in effect until January 20, 2027, unless earlier modified or rescinded by the Governor.</text> </paragraph> <paragraph num="I."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="J."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: January 25, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".15" heading="Maryland Outdoor Learning Partnership"> <paragraph num="A."> <text>Establishment. There is a Maryland environmental literacy and access to nature initiative titled the Maryland Outdoor Learning Partnership (“Partnership”).</text> </paragraph> <paragraph num="B."> <text>Mission. The mission of the Partnership is to empower all of Maryland’s youth to grow as environmental stewards that access, conserve, and restore our natural resources to ensure a climate-ready Maryland.</text> </paragraph> <paragraph num="C."> <text>Membership. The Partnership shall include representatives from State agencies and other partners providing for a well-rounded stakeholder group.</text> <paragraph num="(1)"> <text>The following State agencies shall assign a representative to participate in the Partnership to advise and implement actions in their areas of responsibility:</text> <paragraph num="(a)"> <text>Department of Natural Resources;</text> </paragraph> <paragraph num="(b)"> <text>State Department of Education;</text> </paragraph> <paragraph num="(c)"> <text>Department of Agriculture;</text> </paragraph> <paragraph num="(d)"> <text>Maryland Higher Education Commission;</text> </paragraph> <paragraph num="(e)"> <text>Department of the Environment;</text> </paragraph> <paragraph num="(f)"> <text>Department of Planning;</text> </paragraph> <paragraph num="(g)"> <text>Department of Health;</text> </paragraph> <paragraph num="(h)"> <text>Department of Transportation;</text> </paragraph> <paragraph num="(i)"> <text>Maryland Energy Administration; and</text> </paragraph> <paragraph num="(j)"> <text>Department of Service and Civic Innovation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The following stakeholders are invited to be, and shall be upon their acceptance, members of the Partnership:</text> <paragraph num="(a)"> <text>Alice Ferguson Foundation;</text> </paragraph> <paragraph num="(b)"> <text>Chesapeake Audubon Society;</text> </paragraph> <paragraph num="(c)"> <text>Chesapeake Bay Trust;</text> </paragraph> <paragraph num="(d)"> <text>Chesapeake Bay Foundation;</text> </paragraph> <paragraph num="(e)"> <text>Living Classrooms Foundation;</text> </paragraph> <paragraph num="(f)"> <text>Maryland Agricultural Education Foundation;</text> </paragraph> <paragraph num="(g)"> <text>Maryland Association for Environmental and Outdoor Education;</text> </paragraph> <paragraph num="(h)"> <text>Maryland Recreation and Parks Association;</text> </paragraph> <paragraph num="(i)"> <text>National Aquarium;</text> </paragraph> <paragraph num="(j)"> <text>National Oceanic and Atmospheric Administration;</text> </paragraph> <paragraph num="(k)"> <text>National Wildlife Federation;</text> </paragraph> <paragraph num="(l)"> <text>Smithsonian Environmental Research Center;</text> </paragraph> <paragraph num="(m)"> <text>Sultana Education Foundation;</text> </paragraph> <paragraph num="(n)"> <text>United States Fish and Wildlife Service;</text> </paragraph> <paragraph num="(o)"> <text>Three representatives of non-profit organizations dedicated to environmental education;</text> </paragraph> <paragraph num="(p)"> <text>One representative of a Parent Teacher Organization;</text> </paragraph> <paragraph num="(q)"> <text>Two representatives of local governments that have demonstrated leadership in sustainable development practices;</text> </paragraph> <paragraph num="(r)"> <text>Two representatives (teacher or principal) serving from an outdoor school, Maryland Green School, Maryland Green Ribbon School, or school with a focus on environmental education;</text> </paragraph> <paragraph num="(s)"> <text>One district environmental literacy supervisor or coordinator;</text> </paragraph> <paragraph num="(t)"> <text>One district sustainability supervisor or coordinator;</text> </paragraph> <paragraph num="(u)"> <text>One school Superintendent;</text> </paragraph> <paragraph num="(v)"> <text>One environmental education teacher;</text> </paragraph> <paragraph num="(w)"> <text>Two representatives of youth-based organizations; and</text> </paragraph> <paragraph num="(x)"> <text>Two representatives of the business community with demonstrated leadership in supporting the green or sustainable workforce.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Governor, in their discretion, may appoint additional members to the Partnership.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Procedures.</text> <paragraph num="(1)"> <text>Chair. The Partnership shall be co-chaired by the Secretary of Natural Resources, or the Secretary’s designee, and the State Superintendent of Schools, or the Superintendent’s designee.</text> </paragraph> <paragraph num="(2)"> <text>Staff Coordination. The Department of Natural Resources shall provide staff support for the Partnership in coordination with the State Department of Education, other State agencies, and other partners as directed by the Co-Chairs.</text> </paragraph> <paragraph num="(3)"> <text>Working Groups. The Partnership shall be supported by working groups, to be established by the Co-Chairs, to lead the major tasks identified under this Executive Order.</text> </paragraph> <paragraph num="(4)"> <text>Meetings.</text> <paragraph num="(a)"> <text>The Partnership shall meet monthly to advance the mission of the Partnership.</text> </paragraph> <paragraph num="(b)"> <text>The Partnership Co-Chairs shall preside over the meetings.</text> </paragraph> <paragraph num="(c)"> <text>The Partnership Co-Chairs shall convene and preside over an annual meeting, to include at least one student representative from a K-12 institution, to review the status of the work as described in the annual report.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Procedures. The Co-Chairs may adopt procedures and by-laws necessary to ensure the orderly transaction of business.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Responsibilities. In order for Maryland’s youth to meaningfully access the environment and to grow as environmentally literate stewards that access nature and are equipped with skills that empower them to take action to conserve and restore Maryland’s natural resources, the Partnership shall:</text> <paragraph num="(1)"> <text>Conduct a review of current environmental and climate change education efforts in Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Foster collaboration, coordinate resources, and deliver recommendations to decision makers in order to equitably ensure that:</text> <paragraph num="(a)"> <text>Every Maryland student has access to environmental and climate education;</text> </paragraph> <paragraph num="(b)"> <text>Maryland’s students have the knowledge and skills needed for success in college and the growing green workforce;</text> </paragraph> <paragraph num="(c)"> <text>Maryland’s youth spend time outdoors engaging with nature;</text> </paragraph> <paragraph num="(d)"> <text>Maryland’s Local Education Agencies lessen the environmental impact of their school buildings and grounds on their local watersheds; and</text> </paragraph> <paragraph num="(e)"> <text>Maryland’s teachers have the funds, training, and support necessary to implement curriculum to support student achievement of the Environmental Literacy Standards, the Next Generation Science Standards, the Maryland Health Education Standards, Social Studies Standards, and other State standards of education as they relate to environmental literacy;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Engage with networks to ensure that environmental education is equitably implemented and sustainably funded across Maryland;</text> </paragraph> <paragraph num="(4)"> <text>Support state leadership in the implementation and tracking of relevant Chesapeake Bay Program priorities; and</text> </paragraph> <paragraph num="(5)"> <text>Report to and advise the Governor on the status of the Partnership’s work and provide an annual report by January 30th on the prior year’s progress.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: April 22, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".18" heading="Re-establishing the Joint Enforcement Task Force on Workplace Fraud"> <text>(Amends Executive Order 01.01.2023.19)</text> <text>Procurement Guidelines: Authorizing Project Labor Agreements for Large-Scale Public Work Contractsand Promoting Apprenticeship Agreements and Community Hiring)</text> <paragraph num="A."> <text>Scope. These guidelines apply to any State department, agency, authority, board, or instrumentality, within the executive branch of the Maryland State Government, that is under the control of the Governor.</text> </paragraph> <paragraph num="B."> <text>Definitions. The following words have the meanings indicated:</text> <paragraph num="1."> <text>“Community Benefit Agreement” means a contract signed by one or more recognized community association(s) and a labor organization that requires the labor organization to provide specific amenities, mitigations, economic impacts, local workforce training guarantees and/or other benefits in exchange for community support of a project.</text> </paragraph> <paragraph num="2."> <text>“Construction” means the (1) process of building, altering, improving, or demolishing an improvement to real property and (2) includes any major work necessary to repair, prevent damage to, or sustain existing components of an improvement to real property, as defined in Md. Code Ann., State Fin. & Proc. § 11-101(f)(1)-(2).</text> </paragraph> <paragraph num="3."> <text>“Labor Organization” means a labor organization as defined in Md. Code Ann., State Gov't § 20-601(i)(1)-(2) of which building and construction employees are members.</text> </paragraph> <paragraph num="4."> <text>“Large-scale public work contract” means a contract for construction of a public work, as defined in Md. Code Ann., State Fin. & Proc. § 17-201(k), for which the total monies committed by the State, including direct funding, issuance of bonds, and tax increment financing is $20 million or more. Receipt of federal funding or reimbursement may be included where in the best interests of the State.</text> </paragraph> <paragraph num="5."> <text>“Project Labor Agreement” is a pre-hire collective bargaining agreement between the successful bidder on a large-scale public work contract and one or more labor organizations that establishes terms and conditions of employment for all crafts performing work on a specific construction project.</text> </paragraph> <paragraph num="6."> <text>“Recognized Community Association” means a community group located in an area impacted by the large-scale public work contract that is organized collectively around particular interests for the purpose of addressing issues and interests common to that community.</text> </paragraph> <paragraph num="7."> <text>“Registered Apprenticeship Program” means a program that is registered with, and approved by, the U.S. Department of Labor or the Maryland Department of Labor, evidenced by a certificate of registration or other appropriate document as meeting the apprenticeship standards.</text> </paragraph> <paragraph num="8."> <text>“Socioeconomic Procurement Programs” refer collectively to the State’s Minority Business Enterprise Program; Veteran-owned Small Business Enterprise Program; and Small Business Reserve Program.</text> </paragraph> <paragraph num="9."> <text>“Socioeconomic Procurement Program Goals” refer to the State’s goals of directing 29% of all procurement expenditures towards certified Minority Business Enterprise firms and 1% towards certified Veteran-Owned Small Business Enterprise firms.</text> </paragraph> <paragraph num="10."> <text>“Unit of State government” means an agency or unit of the Executive Branch of State government.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A unit of State government shall consider either (1) requiring the use of a project labor agreement or (2) including the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract that meets the criteria established in this Order.</text> </paragraph> <paragraph num="D."> <text>The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made on a project-by-project basis.</text> </paragraph> <paragraph num="E."> <text>The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made only where such an agreement will advance the State’s interest in cost-effectiveness, efficiency, quality, health, safety, timeliness, employing a skilled labor force, and producing labor stability.</text> </paragraph> <paragraph num="F."> <text>In making the decision whether to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract, the following factors must be considered:</text> <paragraph num="1."> <text>The potential for labor disruptions, such as strikes, lockouts, or slowdowns, which could affect completion of the project;</text> </paragraph> <paragraph num="2."> <text>The number of trades and crafts anticipated to be used on the project;</text> </paragraph> <paragraph num="3."> <text>The need and urgency of the project and the harm to the public if completion of the project is delayed;</text> </paragraph> <paragraph num="4."> <text>The size and complexity of the project;</text> </paragraph> <paragraph num="5."> <text>The funding sources for the project and whether the project includes federal funds;</text> </paragraph> <paragraph num="6."> <text>The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;</text> </paragraph> <paragraph num="7."> <text>The impact on the State’s socioeconomic policies, including the policy to advance women and minority-owned businesses and their ability to compete.</text> </paragraph> </paragraph> <paragraph num="G."> <text>With respect to the decision to require the use of a project labor agreement or to include the use of a project labor agreement as an evaluation factor in connection with a large scale public work contract:</text> <paragraph num="1."> <text>The decision shall be supported by written findings that clearly demonstrate how the use of a project labor agreement will benefit the project and the interests of the public and the State from a cost-effective, efficiency, quality, safety and timeliness standpoint; and notice of the decision shall be provided in the solicitation issued for the project.</text> </paragraph> <paragraph num="2."> <text>In a multi-phase design build or progressive design build public work contract, the written findings supporting the use of a project labor agreement or inclusion of a project labor agreement as an evaluation factor are not required until the build/construction phase of the project; and notification of the fact that a project labor agreement may be used or included as an evaluation factor in the build/construction phase shall be provided in the initial solicitation issued for the project.</text> </paragraph> </paragraph> <text>Requirements for Project Labor Agreements</text> <paragraph num="H."> <text>Any project labor agreement reached pursuant to this Order shall:</text> <paragraph num="1."> <text>Bind all contractors and subcontractors on the construction project through the inclusion of appropriate bid specifications in all relevant solicitation provisions and contract documents;</text> </paragraph> <paragraph num="2."> <text>Allow all union and non-union contractors, subcontractors, and material suppliers who agree to abide by the terms of the project labor agreement to compete for work to be performed and materials to be provided without regard to whether they are otherwise parties to collective bargaining agreements;</text> </paragraph> <paragraph num="3."> <text>Contain guarantees against strikes, lockouts, slowdowns, or other similar disruptions;</text> </paragraph> <paragraph num="4."> <text>Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising before the work is completed;</text> </paragraph> <paragraph num="5."> <text>Guarantee equal opportunities in employment and prohibit discrimination in recruiting, interviewing, hiring, upgrading, setting work conditions, or discharging employees or workers as required by federal and State law;</text> </paragraph> <paragraph num="6."> <text>Demonstrate access to a reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful project delivery;</text> </paragraph> <paragraph num="7."> <text>Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality or work, safety, and health;</text> </paragraph> <paragraph num="8."> <text>Outline a diversity plan that details efforts and commitments to conduct outreach and recruitment for employment and apprenticeship positions in the large-scale public work contract for minority group members, members of disadvantaged communities, and women; and</text> </paragraph> <paragraph num="9."> <text>Outline a plan that details how expenditures for the large-scale public work contract will support the State’s Socioeconomic Procurement Program Goals.</text> </paragraph> <paragraph num="10."> <text>Fully conform to all State and federal statutes, regulations, and executive orders.</text> </paragraph> </paragraph> <text>Incorporating Community Benefit Agreements</text> <paragraph num="I."> <text>If a unit of State government decides to require the use of a project labor agreement in connection with a large-scale public work contract, the State unit shall consider requiring bidders to incorporate a community benefit agreement for appropriate projects.</text> </paragraph> <paragraph num="J."> <text>This Order does not require a unit of State government to use or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract.</text> </paragraph> <paragraph num="K."> <text>This Order does not promote the selection of any union, trade council, or labor organization.</text> </paragraph> <paragraph num="L."> <text>A unit of State government shall consider whether it is in the best interest of the State to use contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership.</text> </paragraph> <paragraph num="M."> <text>The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made on a project-by-project basis.</text> </paragraph> <paragraph num="N."> <text>The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made only where such an agreement will advance the State’s interest in cost-effectiveness, efficiency, quality, health, safety, timeliness, employing a skilled labor force, and producing labor stability.</text> </paragraph> <paragraph num="O."> <text>In making the decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership, the unit of State government shall consider the totality of the circumstances, including the following factors:</text> <paragraph num="1."> <text>The number of trades and crafts anticipated to be used on the project;</text> </paragraph> <paragraph num="2."> <text>The need and urgency of the project and the harm to the public if completion of the project is delayed;</text> </paragraph> <paragraph num="3."> <text>The size and complexity of the project;</text> </paragraph> <paragraph num="4."> <text>The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;</text> </paragraph> <paragraph num="5."> <text>The impact on the State’s socioeconomic procurement program policies, including the policy to advance women and minority-owned businesses and their ability to compete; and</text> </paragraph> <paragraph num="6."> <text>The impact on workforce development and construction and the potential for generating skills training and employment opportunities for state residents.</text> </paragraph> </paragraph> <paragraph num="P."> <text>The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership as an evaluation factor in connection with a large-scale public work contract [shall be made prior to selecting the method of contracting for the project or partnership and] shall be supported by written findings that set forth the justification.</text> </paragraph> <paragraph num="Q."> <text>For public projects or public-private partnerships where the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing will be required or encouraged, applicable procurement documents shall clearly:</text> <paragraph num="1."> <text>Specify whether such qualifications are mandatory or will be used as an evaluation factor in awarding the contract; and</text> </paragraph> <paragraph num="2."> <text>State any applicable apprenticeship utilization targets or thresholds that will be considered in the determination.</text> </paragraph> </paragraph> <paragraph num="R."> <text>The Maryland Department of Labor shall determine whether a proffered apprenticeship program is in compliance with applicable program requirements before the contracting agency makes a decision.</text> </paragraph> <paragraph num="S."> <text>A successful bidder shall demonstrate how the bidder will have access to the reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful delivery through either sponsoring an apprenticeship program that will supply apprentices to the project or reaching an agreement with an entity that operates a registered apprenticeship program that will ensure such supply.</text> </paragraph> <paragraph num="T."> <text>The bidder’s fulfillment of the requirements under section (S) of this Order must be approved by the State unit overseeing the project.</text> </paragraph> <text>Community Hiring in High Unemployment Areas</text> <paragraph num="U."> <text>On public projects or public-private partnerships with projected costs exceeding $5 million, a unit of State government shall consider whether all or a substantial part of the project is within an area of higher than average unemployment and, if so, whether it is in the best interest of the State to weigh as a factor in the procurement or public notice of solicitation whether a bidder voluntarily submits a community hiring, training, and/or outreach plan for high unemployment areas.</text> <paragraph num="1."> <text>In a multi-phase design build or progressive design build public work contract, the consideration of community hiring, training, and/or outreach plan for high unemployment areas is not required until the build/construction phase of the project.</text> </paragraph> </paragraph> <paragraph num="V."> <text>If a unit of State government determines based on the totality of the circumstances, that it is in the best interests of the State to encourage the voluntary submission of a community hiring, training and/or outreach plan on a public project or public-private partnership, the decision shall be accompanied by the following:</text> <paragraph num="1."> <text>A written finding that sets forth the reasons supporting the decision</text> </paragraph> <paragraph num="2."> <text>A definition of “high unemployment area” and delineation of that area for purposes of the procurement or public notice of solicitation; and</text> </paragraph> <paragraph num="3."> <text>An explanation of how the proffer of a community hiring, training, and/or outreach plan will be evaluated and weighed in the procurement or public notice of solicitation.</text> </paragraph> </paragraph> <text>General Provisions</text> <paragraph num="W."> <text>The guidelines contained in this Executive Order do not constitute or create an express or implied contract. It is not intended to, and does not, create contractual obligations with respect to any matter it covers.</text> </paragraph> <paragraph num="X."> <text>Nothing in this Executive Order shall preclude a unit of State government from considering either (1) requiring the use of a project labor agreement or (2) including the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract where the State commitment is below $20 million.</text> </paragraph> <paragraph num="Y."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="Z."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 31, 2024</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".19" heading="Leadership by State Government: Implementing Maryland’s Climate Pollution Reduction Plan"> <paragraph num="A."> <paragraph num="1."> <text>“Climate Implementation Plan” means a document outlining the steps a State agency will take to implement the Climate Solutions Now Act of 2022 and Maryland’s Climate Pollution Reduction Plan, and the time, personnel and funding it will take to implement both.</text> </paragraph> <paragraph num="2."> <text>“Consolidated Transportation Program” means Maryland’s six-year capital budget for transportation projects and programs across the Maryland Department of Transportation.</text> </paragraph> <paragraph num="3."> <text>“Justice40 Initiative” means the federal government’s effort to deliver at least 40% of the overall benefits from certain federal investments to disadvantaged communities.</text> </paragraph> <paragraph num="4."> <text>“National Electric Vehicle Infrastructure (“NEVI”) Formula Program” means the U.S. Department of Transportation’s Federal Highway Administration’s NEVI Formula Program that provides funding to states to strategically deploy electric vehicle charging stations and establish an interconnected network to facilitate data collection, access, and reliability.</text> </paragraph> <paragraph num="5."> <text>“Regional Greenhouse Gas Initiative” means the cooperative, market-based effort among the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont to cap and reduce CO2 emissions from the power sector.</text> </paragraph> <paragraph num="6."> <text>“State Agency” means a department, agency, commission, board, council, or other body of State government subject to the direction and supervision of the Governor.</text> </paragraph> <paragraph num="7."> <text>“Zero-Emission Vehicle Infrastructure Plan” means the plan to address zero-emission vehicles (“ZEV”) infrastructure holistically by building upon NEVI and incorporating other initiatives, such as discretionary grants, other state programs, and private investments to maximize ZEV infrastructure deployment across Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <paragraph num="1."> <text>Every State agency shall:</text> <paragraph num="a."> <text>Work to address climate change and ensure a just transition to a clean economy;</text> </paragraph> <paragraph num="b."> <text>Advance environmental justice by working to address the disproportionate impacts of climate change for underserved and overburdened communities, including the application of Justice40 goals, initiatives, and funding;</text> </paragraph> <paragraph num="c."> <text>Equitably implement all existing laws, regulations, and policies related to climate change, incorporating robust community and stakeholder engagement; and</text> </paragraph> <paragraph num="d."> <text>Continue to maximize federal funding opportunities on climate.</text> </paragraph> </paragraph> <paragraph num="2."> <text>By November 1, 2024, every State agency shall consult the Secretary of the Maryland Department of the Environment and submit a Climate Implementation Plan (“CIP”) to the Governor. Each State agency’s CIP, shall include, at a minimum:</text> <paragraph num="a."> <text>The steps, time and resources needed to implement all required actions in Maryland’s Climate Pollution Reduction Plan that are within the agency’s purview, including their top priorities for the upcoming year;</text> </paragraph> <paragraph num="b."> <text>The current funding, including State, federal, or additional funding, that can be directed or redirected, toward accomplishing the actions in the agency’s CIP, the outcomes that can be achieved with current funding, and the anticipated gap, if any, between the current funding and the total resources required to implement the agency’s CIP;</text> </paragraph> <paragraph num="c."> <text>The potential outcomes of the investment over time, including health benefits, job creation, and energy costs; and</text> </paragraph> <paragraph num="d."> <text>How the State agency will advance environmental justice by working to address the disproportionate impacts of climate change for underserved and overburdened communities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <paragraph num="1."> <text>Every State agency shall take immediate action to implement the near-term measures in the Climate Pollution Reduction Plan.</text> </paragraph> <paragraph num="2."> <text>The Maryland Department of the Environment shall:</text> <paragraph num="a."> <text>Propose a zero-emission heating equipment standard regulation that will phase-in zero-emissions standards for heating equipment to reduce carbon pollution and improve air quality inside homes and the ambient air;</text> </paragraph> <paragraph num="b."> <text>Propose a clean heat standard regulation to expand Maryland’s Renewable Portfolio Standard to the thermal energy system, mobilizing investment in clean heat solutions for homes and businesses; and</text> </paragraph> <paragraph num="c."> <text>Propose a plan to modify the Regional Greenhouse Gas Initiative (“RGGI”) by working with RGGI states to establish a new regional cap for carbon dioxide emissions for power plants that is aligned with Maryland’s and partner states’ 100% clean energy goals.</text> </paragraph> </paragraph> <paragraph num="3."> <text>The Maryland Department of Transportation shall:</text> <paragraph num="a."> <text>Revise and upgrade the Zero-Emission Vehicle Infrastructure Plan to include implementation of the National Electric Vehicle Infrastructure Formula Program, pursuant to the Bipartisan Infrastructure Law, and a new multi-agency strategy to build out Maryland’s vehicle charging infrastructure;</text> </paragraph> <paragraph num="b."> <text>Develop and implement a process for evaluating and reducing greenhouse gas emissions attributable to transportation projects as part of the Maryland Consolidated Transportation Program;</text> </paragraph> <paragraph num="c."> <text>Implement the Consolidated Transportation Program, including investing in new infrastructure programs, where feasible, and projects to reduce vehicle miles traveled and enhance transportation choices in Maryland;</text> </paragraph> <paragraph num="d."> <text>Establish specific annual greenhouse gas and vehicle miles traveled reduction targets for the transportation sector; and</text> </paragraph> <paragraph num="e."> <text>Implement the Maryland Department of Transportation’s Carbon Reduction Strategy.</text> </paragraph> </paragraph> <paragraph num="4."> <text>The Maryland Energy Administration shall:</text> <paragraph num="a."> <text>Establish a framework for a clean energy standard to achieve 100% clean electricity in Maryland by 2035, and determine if all or part of the proposed clean energy standard can be implemented through existing authority.</text> </paragraph> </paragraph> <paragraph num="5."> <text>At the request of the Governor’s Subcabinet on Climate, State agencies shall provide updates on agency efforts to implement the Climate Pollution Reduction Plan and develop State agency CIPs.</text> </paragraph> </paragraph> <paragraph num="D."> <paragraph num="1."> <text>There is a Governor's Subcabinet on Climate, a committee of the Governor's Executive Council convening on a regular basis to address climate change and coordinate State agency efforts to reduce greenhouse gas emissions, in accordance with Maryland’s Climate Pollution Reduction Plan.</text> </paragraph> <paragraph num="2."> <text>The Subcabinet on Climate shall consist of the following members:</text> <paragraph num="a."> <text>The Secretary of the Maryland Department of the Environment, who shall serve as Chair of the Subcabinet;</text> </paragraph> <paragraph num="b."> <text>The Governor’s Chief Sustainability Officer, who shall serve as vice-chair of the Subcabinet;</text> </paragraph> <paragraph num="c."> <text>The Secretary of the Maryland Department of Natural Resources;</text> </paragraph> <paragraph num="d."> <text>The Secretary of the Maryland Department of Transportation;</text> </paragraph> <paragraph num="e."> <text>The Secretary of the Maryland Department of Agriculture;</text> </paragraph> <paragraph num="f."> <text>The Secretary of the Maryland Department of Housing and Community Development;</text> </paragraph> <paragraph num="g."> <text>The Secretary of the Maryland Department of Health;</text> </paragraph> <paragraph num="h."> <text>The Secretary of the Maryland Department of Emergency Management;</text> </paragraph> <paragraph num="i."> <text>The Secretary of the Maryland Department of Planning;</text> </paragraph> <paragraph num="j."> <text>The Secretary of the Maryland Department of General Services;</text> </paragraph> <paragraph num="k."> <text>The Secretary of the Maryland Department of Budget and Management;</text> </paragraph> <paragraph num="l."> <text>The Director of the Maryland Energy Administration;</text> </paragraph> <paragraph num="m."> <text>The Governor’s Chief Resilience Officer; and</text> </paragraph> <paragraph num="n."> <text>Such other officials of executive departments and agencies as the Governor may from time to time designate.</text> </paragraph> </paragraph> <paragraph num="3."> <text>Reporting. The Subcabinet, led by the Maryland Department of the Environment, shall submit a report to the Governor on or before December 1, 2024, and annually by December 1st each year thereafter, detailing the progress of implementing Maryland’s Climate Pollution Reduction Plan and the State agency CIPs. The Subcabinet’s annual reports shall be made available to the public.</text> </paragraph> <paragraph num="4."> <text>Federal Funding. The Subcabinet, led by the Governor’s Chief Sustainability Officer, shall pursue federal funding opportunities for state climate programs and ensure application of Justice40 through federal funds. An update on federal funding shall be included in the Subcabinet’s annual reports.</text> </paragraph> </paragraph> <paragraph num="E."> <paragraph num="1."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="2."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: June 4, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".20" heading="Maryland Statewide Communications Interoperability"> <text>(Rescinds Executive Order 01.01.2008.07)</text> <paragraph num="I."> <text>Statewide Interoperability Executive Committee (SIEC).</text> <paragraph num="A."> <text>There is hereby reestablished a Statewide Interoperability Executive Committee.</text> </paragraph> <paragraph num="B."> <text>Purpose. The purpose of the SIEC is to provide governance and policy-level advice regarding public safety emergency communications interoperability, and to promote the efficient and effective use of resources for matters related to public safety emergency communications and interoperability.</text> </paragraph> <paragraph num="C."> <text>Membership. The SIEC consists of up to 21 members that will serve for 2-year terms, which are renewable.</text> <paragraph num="1."> <text>Ten SIEC members will consist of the following state officials, or a senior staff member designated by the official:</text> <paragraph num="a."> <text>The Secretary of the Maryland Department of Emergency Management (MDEM);</text> </paragraph> <paragraph num="b."> <text>The Statewide Interoperability Coordinator (SWIC);</text> </paragraph> <paragraph num="c."> <text>The Executive Director of Maryland Institute of Emergency Medical Services Systems (MIEMSS);</text> </paragraph> <paragraph num="d."> <text>The Secretary of the Maryland Department of Information Technology (DoIT);</text> </paragraph> <paragraph num="e."> <text>The Secretary of the Maryland Department of State Police (MSP);</text> </paragraph> <paragraph num="f."> <text>The Secretary of the Maryland Department of Transportation (MDOT);</text> </paragraph> <paragraph num="g."> <text>The Adjutant General of the State of Maryland;</text> </paragraph> <paragraph num="h."> <text>The Secretary of the Maryland Department of Public Safety and Correctional Services (DPSCS);</text> </paragraph> <paragraph num="i."> <text>The Secretary of the Maryland Department Natural Resources (DNR); and</text> </paragraph> <paragraph num="j."> <text>The Secretary of the Maryland Department of Budget Management (DBM).</text> </paragraph> </paragraph> <paragraph num="2."> <text>Nine additional members will be appointed by the Governor and serve at the pleasure of the Governor.</text> <paragraph num="a."> <text>Each of the following six (6) entities may nominate a senior elected official or officer of the entity who has knowledge and interest in public safety communications for appointment by the Governor.</text> <paragraph num="1)"> <text>The Maryland Chiefs of Police or Sheriff’s Association;</text> </paragraph> <paragraph num="2)"> <text>The Maryland Fraternal Order of Police;</text> </paragraph> <paragraph num="3)"> <text>The Professional Firefighters of Maryland;</text> </paragraph> <paragraph num="4)"> <text>The Maryland State Fireman’s Association;</text> </paragraph> <paragraph num="5)"> <text>The Maryland Municipal League (MML); and</text> </paragraph> <paragraph num="6)"> <text>The Maryland Association of Counties (MACo).</text> </paragraph> </paragraph> <paragraph num="b."> <text>The Governor shall also appoint, as a member of the SIEC, two appointed or elected public officials who have knowledge and interest in public safety communications to serve as:</text> <paragraph num="1)"> <text>One representative for Maryland communities with a population of less than 200,000; and</text> </paragraph> <paragraph num="2)"> <text>One representative for Maryland communities with a population of more than 200,000.</text> </paragraph> </paragraph> <paragraph num="c."> <text>The Governor shall designate a representative of the Office of the Governor to serve as a member of the SIEC.</text> </paragraph> </paragraph> <paragraph num="3."> <text>The President of the Senate shall appoint one member of the Senate to serve as a member of the SIEC. The member shall serve at the pleasure of the President for up to two consecutive 2-year terms.</text> </paragraph> <paragraph num="4."> <text>The Speaker of the House shall appoint one member of the House of Delegates as a member of the SIEC. The member shall serve at the pleasure of the Speaker for up to two consecutive 2-year terms.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Chair and Vice-Chair.</text> <paragraph num="1."> <text>The Chair of the SIEC is the Secretary of MDEM.</text> </paragraph> <paragraph num="2."> <text>The Vice-Chair is the SWIC.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Meetings.</text> <paragraph num="1."> <text>The SIEC shall meet at the call of the Chair, at a minimum of twice per year.</text> </paragraph> <paragraph num="2."> <text>The SIEC and its work groups and subcommittees shall endeavor to make decisions by consensus.</text> </paragraph> <paragraph num="3."> <text>A majority of the SIEC, or any work group or subcommittee of the SIEC, as applicable, constitutes a quorum for the transaction of any business.</text> </paragraph> <paragraph num="4."> <text>The SIEC may adopt any procedures and by-laws necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="5."> <text>The State agencies represented on the SIEC shall provide needed administrative and operational support to the SIEC.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Function.</text> <paragraph num="1."> <text>Develop, promote and facilitate a statewide vision for interoperable communications;</text> </paragraph> <paragraph num="2."> <text>Recommend and promote standards for public safety communications;</text> </paragraph> <paragraph num="3."> <text>Promote cooperation among State, federal and local public safety agencies in addressing Statewide communications interoperability needs;</text> </paragraph> <paragraph num="4."> <text>Recommend priorities for Statewide interoperability funding;</text> </paragraph> <paragraph num="5."> <text>Assist in the development of projects, plans, policies, standards, priorities, and guidelines for both voice and data interoperability;</text> </paragraph> <paragraph num="6."> <text>Review and identify wireless spectrum needs, with the goal of accommodating all users;</text> </paragraph> <paragraph num="7."> <text>In cooperation with the SWIC, provide advice on the development of a Statewide interoperable radio and data communications system;</text> </paragraph> <paragraph num="8."> <text>Identify and promote the best practices of other states and localities;</text> </paragraph> <paragraph num="9."> <text>Serve as a central coordination point for local, State, regional and national interoperability matters;</text> </paragraph> <paragraph num="10."> <text>Provide recommendations to the Governor and the General Assembly concerning issues related to public safety communications;</text> </paragraph> <paragraph num="11."> <text>Approve, and update (as frequently as needed and at least annually) Maryland’s Statewide Communications Interoperability Plan (SCIP); and</text> </paragraph> <paragraph num="12."> <text>Perform any other duties that may be requested by the Governor.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Administration.</text> <paragraph num="1."> <text>The SIEC may designate work groups and subcommittees consistent with the needs of the SIEC.</text> </paragraph> <paragraph num="2."> <text>Members of the SIEC and its subcommittees and work groups shall serve without compensation for their services, but they may receive reimbursement for reasonable expense incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.</text> </paragraph> <paragraph num="3."> <text>All State departments, agencies, commissions, and boards are directed to cooperate with the SWIC and the SIEC in implementing the provisions of this Executive Order.</text> </paragraph> <paragraph num="4."> <text>Reasonable accommodations shall be made for qualified SIEC members with a disability unless the accommodation would impose an undue hardship.</text> </paragraph> </paragraph> </paragraph> <paragraph num="II."> <text>Statewide Interoperability Coordinator (SWIC).</text> <paragraph num="A."> <text>There is hereby established a SWIC in MDEM</text> </paragraph> <paragraph num="B."> <text>The SWIC shall report to, and be supervised by, the Secretary of MDEM.</text> </paragraph> <paragraph num="C."> <text>The SWIC’s primary function is to:</text> <paragraph num="1."> <text>Plan and assist with implementing the recommendations of the</text> </paragraph> <paragraph num="2."> <text>Develop the SCIP which shall be guided by initiatives outlined in the National Emergency Communications Plan (NECP); and</text> </paragraph> <paragraph num="3."> <text>Coordinate interstate, intrastate, and regional public safety</text> </paragraph> </paragraph> <paragraph num="D."> <text>Duties. The SWIC shall also:</text> <paragraph num="1."> <text>Direct, manage, and implement all aspects of the SCIP.</text> <paragraph num="a."> <text>The SCIP provides essential governance, goals, and initiatives of emergency communications that are essential to improving daily operations and disaster response.</text> </paragraph> <paragraph num="b."> <text>The SCIP shall be reviewed annually by the SIEC and updated to ensure efficient emergency communications between State, local and federal communications systems.</text> </paragraph> </paragraph> <paragraph num="2."> <text>Consult with outside experts, including but not limited to, private sector, organized labor, government agencies, non-governmental organizations, and institutions of higher education as education as needed to properly implement the SCIP.</text> </paragraph> <paragraph num="3."> <text>Ensure that all communications-related federal grant requests are reviewed and used to enhance emergency communications interoperability; such grant requests must be approved by the SWIC.</text> </paragraph> </paragraph> </paragraph> <paragraph num="III."> <text>Each Executive Department and Agency is hereby required, to the extent not inconsistent with law, to cooperate fully with the SIEC and the SWIC, and to furnish such assistance - including data, reports, or other information and assistance - on as timely a basis as is necessary to accomplish the purpose of the Executive Order.</text> </paragraph> <paragraph num="IV."> <text>Nothing in this Executive Order shall be construed to impair or otherwise affect the authority granted by law to an Executive Department or Agency.</text> </paragraph> <paragraph num="V."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="VI."> <text>If any provision of this Executive Order is held invalid, or its application to a person, event or circumstances is held invalid by any court of competent jurisdiction, all other applications or provisions of the Executive Order shall remain in effect to the greatest extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: June 18, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".25" heading="Maryland Plain Language Initiative"> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Plain Language” means writing that is clear, concise,</text> </paragraph> <paragraph num="(2)"> <text>“State Agency” means a department, agency, commission, board, council, or other body of State government subject to the direction and supervision of the Governor.</text> </paragraph> <paragraph num="(3)"> <text>“Written Communication” means information on State agency websites and other written documents produced by State agencies intended for the public.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Establishment. There is a Maryland Plain Language Initiative, housed in the Maryland Digital Service in the Department of Information Technology.</text> </paragraph> <paragraph num="C."> <text>Partners. The Maryland Digital Service will partner with the Department of Disabilities and the Governor’s Office of Community Initiatives to leverage their expertise for content reviews and testing with individuals with disabilities. The Chief Digital Experience Officer will work with other relevant agencies and external stakeholders as necessary to implement the Maryland Plain Language Initiative.</text> </paragraph> <paragraph num="D."> <text>Duties. The Maryland Plain Language Initiative shall include:</text> <paragraph num="(1)"> <text>An assessment of the State’s capacity, needs, and resources to implement best practices in the use of plain language standards.</text> </paragraph> <paragraph num="(2)"> <text>The creation of the Maryland Plain Language Plan to enhance the accessibility of all written communication produced by State agencies, including through publishing plain language standards.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Maryland Plain Language Plan shall:</text> <paragraph num="(1)"> <text>Include focused plain language efforts as part of any website design or redesign effort.</text> </paragraph> <paragraph num="(2)"> <text>Include plain language evaluation during discovery efforts to evaluate or improve any public facing application or system.</text> </paragraph> <paragraph num="(3)"> <text>Include recommendations to build capacity, develop resources, provide training, and conduct pilot projects.</text> </paragraph> <paragraph num="(4)"> <text>Identify plain language standards, which include the use of:</text> <paragraph num="a."> <text>Everyday words that convey meanings clearly and directly;</text> </paragraph> <paragraph num="b."> <text>Present tense and active voice;</text> </paragraph> <paragraph num="c."> <text>Short, simple sentences;</text> </paragraph> <paragraph num="d."> <text>Definitions of only those words that cannot be properly explained or qualified in the text; and</text> </paragraph> <paragraph num="e."> <text>Layout and design that help the reader understand the meaning of the document, including adequate white space, bulleted lists, helpful headings, and other proven techniques.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Consider the following in development:</text> <paragraph num="a."> <text>Designating a plain language contact for each State agency;</text> </paragraph> <paragraph num="b."> <text>Developing a style guide, templates, and resources for all State agencies;</text> </paragraph> <paragraph num="c."> <text>Conducting pilot projects on written documents targeted at the public and collecting feedback to improve plain language efforts;</text> </paragraph> <paragraph num="d."> <text>Developing a training plan so each State agency is trained about the use of plain language; and</text> </paragraph> <paragraph num="e."> <text>Identifying available resources, including contracted services, to carry out any section of the Plan.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>The Maryland Digital Service shall report to the Governor annually by December 31 on the State’s progress toward achieving the goals of the Maryland Plain Language Initiative.</text> </paragraph> <paragraph num="G."> <text>All State agencies shall, in support of Maryland’s core mission to leave no one behind, implement the recommendations of the Maryland Plain Language Plan, in phases as outlined in the Plan.</text> </paragraph> <paragraph num="H."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="I."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: July 23, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".29" heading="Maryland 250 Commission"> <text>(Amends Executive Order 01.01.2023.10)</text> <paragraph num="I."> <text>There is a Maryland 250 Commission (the “Commission”).</text> </paragraph> <paragraph num="II."> <text>Membership.</text> <paragraph num="A."> <text>The Commission shall consist of the following members:</text> <paragraph num="1."> <text>The Lieutenant Governor;</text> </paragraph> <paragraph num="2."> <text>The Secretary of Budget and Management, or the Secretary’s designee;</text> </paragraph> <paragraph num="3."> <text>The Secretary of Commerce, or the Secretary’s designee;</text> </paragraph> <paragraph num="4."> <text>The Secretary of General Services, or the Secretary’s designee;</text> </paragraph> <paragraph num="5."> <text>The Secretary of Natural Resources, or the Secretary’s designee;</text> </paragraph> <paragraph num="6."> <text>The Secretary of Planning, or the Secretary’s designee;</text> </paragraph> <paragraph num="7."> <text>The Secretary of Service and Civic Innovation, or the Secretary’s designee;</text> </paragraph> <paragraph num="8."> <text>The Secretary of State, or the Secretary’s designee;</text> </paragraph> <paragraph num="9."> <text>The Secretary of Veterans Affairs, or the Secretary’s designee;</text> </paragraph> <paragraph num="10."> <text>The State Superintendent of Schools, or the Superintendent’s designee;</text> </paragraph> <paragraph num="11."> <text>The State Archivist, or the Archivist’s designee;</text> </paragraph> <paragraph num="12."> <text>The State Historic Preservation Officer, or the Officer’s designee;</text> </paragraph> <paragraph num="13."> <text>The Executive Director of the Governor’s Office of Community Initiatives, or the Executive Director’s designee;</text> </paragraph> <paragraph num="14."> <text>The Executive Director, Maryland State Arts Council, or the Executive Director’s designee;</text> </paragraph> <paragraph num="15."> <text>The Administrative Director of the Maryland Commission on Indian Affairs, or the Administrative Director’s designee;</text> </paragraph> <paragraph num="16."> <text>The Executive Director of the Maryland Commission on African American History and Culture, or the Executive Director’s designee;</text> </paragraph> <paragraph num="17."> <text>The Adjutant General, or the Adjutant General’s designee;</text> </paragraph> <paragraph num="18."> <text>The Director of the Maryland Commission for Women, or the Director’s designee; and</text> </paragraph> <paragraph num="19."> <text>Up to five members of the general public appointed by the Governor.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The following are invited to be, and shall be upon acceptance, members of the Commission:</text> <paragraph num="1."> <text>Two members appointed by the President of the Maryland Senate;</text> </paragraph> <paragraph num="2."> <text>Two members appointed by the Speaker of the Maryland House of Delegates;</text> </paragraph> <paragraph num="3."> <text>The Executive Director of the Maryland Association of Counties, or Executive Director’s designee;</text> </paragraph> <paragraph num="4."> <text>The Executive Director of the Maryland Municipal League, or Executive Director’s designee; and</text> </paragraph> <paragraph num="5."> <text>Up to three members from the nonprofit community, selected from the Maryland Center for History and Culture, the Maryland Humanities Council, Preservation Maryland, or other similar organizations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Governor shall appoint the Chair and the Vice Chair of the Commission.</text> </paragraph> <paragraph num="D."> <text>Members serve at the pleasure of the Governor.</text> </paragraph> </paragraph> <paragraph num="III."> <text>The Maryland Department of Planning shall provide the Commission with resources and staff as feasible and necessary for administering and facilitating the work of the Commission.</text> </paragraph> <paragraph num="IV."> <text>Members of the Commission may not receive any compensation for their services but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.</text> </paragraph> <paragraph num="V."> <text>The Commission shall:</text> <paragraph num="A."> <text>Adopt administrative and financial procedures for the transaction of business, including, but not limited to, the establishment of advisory groups, committees, or working groups that address the themes of history, service, and civics.</text> </paragraph> <paragraph num="B."> <text>Hold at a minimum semi-annual meetings,</text> <paragraph num="1."> <text>At times and places to be determined by the Chair;</text> </paragraph> <paragraph num="2."> <text>That are conducted in accordance with the Open Meetings Act; and</text> </paragraph> <paragraph num="3."> <text>That allow for remote meetings and electronic voting.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Coordinate, engage, and liaise with the U.S. Semiquincentennial Commission, and other local, county, and state commissions, and private and public partner organizations.</text> </paragraph> <paragraph num="D."> <text>Serve as the State of Maryland’s official representative for the Semiquincentennial, and all related activities, communications, and events.</text> </paragraph> <paragraph num="E."> <text>Solicit, accept, use and dispose of donations, funds and gifts in conformance with the Public Ethics Law, to support the goals and purposes of the Commission.</text> </paragraph> <paragraph num="F."> <text>Invite broad-based public input on the meaning, significance, and opportunities of this anniversary that will inform development of commemoration activities, programs, and events.</text> </paragraph> <paragraph num="G."> <text>Acknowledge that the confiscation of Indigenous land and displacement of Indigenous people is central to the United States’ origin story and recognize the persistence and contributions of these communities today.</text> </paragraph> <paragraph num="H."> <text>Honor the legacy of both free and enslaved African Americans in the making of Maryland and the nation, whose untold stories of heroism and perseverance are critical to the understanding of our shared past and present.</text> </paragraph> <paragraph num="I."> <text>Support the identification and enhancement of cultural assets that tell the story of who we are as Marylanders and promote place-based visitor experiences for residents and visitors alike.</text> </paragraph> <paragraph num="J."> <text>Engage youth, new Americans, and lifelong learners in programs designed to encourage the search for meaning behind America and deepen engagement in civic life.</text> </paragraph> <paragraph num="K."> <text>Celebrate service to country and community, and create opportunities that promote social responsibility, compassion and understanding that will unite and strengthen Maryland’s diverse communities for the benefit of all.</text> </paragraph> </paragraph> <paragraph num="VI."> <text>The Commission shall further:</text> <paragraph num="A."> <text>Submit an Action Plan to the Governor and General Assembly by December 31, 2023, that outlines the Commission’s goals, mission, and recommendations; and</text> </paragraph> <paragraph num="B."> <text>Produce by December 31 of each year an annual report to the Governor and General Assembly that includes an update on the Action Plan, implementation benchmarks, related deadlines and schedules, and an accounting and enumeration of all contracts, donations, and gifts.</text> </paragraph> </paragraph> <paragraph num="VII."> <text>The Commission shall terminate on December 31, 2027.</text> </paragraph> <paragraph num="VIII."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="IX."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: September 4, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".30" heading="Juvenile Grant Planning and Review Council"> <text>(Amends Executive Order 01.01.2022.06)</text> <paragraph num="A."> <text>Established.</text> <paragraph num="(1)"> <text>There is a Juvenile Grant Planning and Review Council (the “Council”), which will serve as the State Advisory Group for purposes of the federal Juvenile Justice and Delinquency Prevention Act (the “Act”).</text> </paragraph> <paragraph num="(2)"> <text>The Council shall be within the Governor’s Office of Crime Prevention and Policy, the State Administering Agency for funds received under the Act and the agency responsible for supervising the preparation and administration of the State’s Juvenile Justice plan, annual updates to the plan, and awarded funds.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Procedures.</text> <paragraph num="(1)"> <text>Membership.</text> <paragraph num="(a)"> <text>The Council shall consist of not less than 15 members and not more than 33 members appointed by the Governor, consistent with the requirements of the Act.</text> </paragraph> <paragraph num="(b)"> <text>At least one-fifth of the members must be under the age of 28 at the time of appointment.</text> </paragraph> <paragraph num="(c)"> <text>At least 3 members must have been or currently be under the jurisdiction of the juvenile justice system or, if not feasible and in appropriate circumstances, the parent or guardian of someone who has been or is currently under the jurisdiction of the Juvenile Justice System, consistent with the requirements of the Act.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Executive Director of the Governor’s Office of Crime Prevention and Policy shall designate a member of the Council to serve as Chair.</text> </paragraph> <paragraph num="(3)"> <text>Terms.</text> <paragraph num="(a)"> <text>The term of a member is three years.</text> </paragraph> <paragraph num="(b)"> <text>The terms of members are staggered as required by the terms provided for members of the council on July 1, 2024.</text> </paragraph> <paragraph num="(c)"> <text>A member who is appointed or reappointed after a term has begun serves only for the remainder of the term and until a successor is appointed.</text> </paragraph> <paragraph num="(d)"> <text>Terms end on June 30 of each year.</text> </paragraph> <paragraph num="(e)"> <text>At the end of a term, a member</text> <paragraph num="1."> <text>Is eligible for reappointment, and</text> </paragraph> <paragraph num="2."> <text>Continues to serve until a successor is appointed.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Unless otherwise provided by law, the members of the Council shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="(5)"> <text>A majority of the Council shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="(6)"> <text>The Council may adopt such other procedures, including the creation of subcommittees and workgroups, as may be necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(7)"> <text>Members appointed pursuant to §B(1)(b) and §B(1)(c) may receive stipends and expenses as deemed necessary by the majority of Council members that constitute a quorum, as provided in the State budget and in the Council’s allocation from the federal Office of Juvenile Justice and Delinquency Prevention.</text> </paragraph> <paragraph num="(8)"> <text>Members of the Council not appointed pursuant to §B(1)(b) or §B(1)(c) may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of duties, in accordance with the standard State travel regulations, as provided in the State budget, and as provided in the Council's allocation from the federal Office of Juvenile Justice and Delinquency Prevention.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Staffing.</text> <paragraph num="(1)"> <text>The Governor’s Office of Crime Prevention and Policy shall provide such staff and technical assistance to the Council as necessary and appropriate, including staff to serve as the designated Juvenile Justice Specialist required under federal law and regulations.</text> </paragraph> <paragraph num="(2)"> <text>A Compliance Monitor shall ensure compliance with federal standards regarding detention of juveniles in secure detention facilities, secure correctional facilities, non-secure facilities, secure adult lockup facilities, and court-holding facilities.</text> </paragraph> <paragraph num="(3)"> <text>A Racial and Ethnic Disparities (“R/ED”) Coordinator shall:</text> <paragraph num="(a)"> <text>Primarily focus on addressing R/ED within the State’s Juvenile Justice System; and</text> </paragraph> <paragraph num="(b)"> <text>Provide technical assistance as necessary and appropriate.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Duties and Responsibilities.</text> <paragraph num="(1)"> <text>The Council shall perform the functions, and have the duties and responsibilities, set forth in the Act, as amended from time to time.</text> </paragraph> <paragraph num="(2)"> <text>The Council shall be afforded the opportunity to review all Title II Formula Grant applications and make recommendations, which the Executive Director will consider when making grant awards under the Act.</text> </paragraph> <paragraph num="(3)"> <text>The Council shall advise the Governor’s Office of Crime Prevention and Policy on developing, maintaining, and expanding efforts to divert juveniles from the juvenile justice system and provide community-based alternatives to juvenile detention and correctional facilities.</text> </paragraph> <paragraph num="(4)"> <text>The Council shall advise the Compliance Monitor, R/ED Coordinator, and Juvenile Justice Specialist when necessary.</text> </paragraph> <paragraph num="(5)"> <text>The Compliance Monitor, R/ED Coordinator, and Juvenile Justice Specialist shall advise the Council of the compliance status of all monitored facilities to ensure compliance with the Act.</text> </paragraph> <paragraph num="(6)"> <text>The Council shall perform any additional duties as directed by the Executive Director of the Governor’s Office of Crime Prevention and Policy on behalf of the Governor.</text> </paragraph> </paragraph> <paragraph num="E."> <text>On or before June 30 of each year, the Governor’s Office of Crime Prevention and Policy shall submit as documentation of the Council’s activities and compliance with the Juvenile Justice and Delinquency Prevention Act, its Juvenile Justice Reform Act federal grant application to the Governor and the Maryland Clearinghouse.</text> </paragraph> <paragraph num="F."> <text>Conflicts of Interest.</text> <paragraph num="(1)"> <text>The Council shall acknowledge and abide by policies and procedures set forth by the Governor’s Office of Crime Prevention and Policy to guard against actual conflicts of interest or the appearance of conflicts of interest for its members when making recommendations for grant awards.</text> </paragraph> <paragraph num="(2)"> <text>The procedures shall provide that Council members may not participate in any way in consideration of, or decisions about, grants to their own organizations, organizations in which they have a financial interest, or organizations in which their family members are involved.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: September 4, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".31" heading="Strengthening the State of Maryland’s Resilience Strategy"> <paragraph num="A."> <text>Maryland Chief Resilience Officer and Office of Resilience. The Chief Resilience Officer (“CRO”) and the Office of Resilience (“the Office”) within the Department of Emergency Management (“the Department”) provide strategic direction and coordinate resilience efforts within State government.</text> <paragraph num="(1)"> <text>Responsibilities. The responsibilities of the Office include:</text> <paragraph num="a."> <text>The responsibilities outlined in Maryland Code, Public Safety Article §§ 14-1201 through 1204;</text> </paragraph> <paragraph num="b."> <text>Through the Department Secretary, providing advice and recommendations to the Executive branch and State agencies regarding the statewide resilience strategy;</text> </paragraph> <paragraph num="c."> <text>Maintaining a list of Agency Resilience Liaisons within State government;</text> </paragraph> <paragraph num="d."> <text>Serving as the central coordinating Office for resilience-related funding opportunities, investments, risk analysis, and plans; and</text> </paragraph> <paragraph num="e."> <text>Maintaining a list of all resilience, climate change, hazard mitigation, or related commissions, councils, work groups, task forces, study groups, or other advisory bodies, and their missions, responsibilities, and authorities within the Executive Branch.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Executive Branch Support. To be successful, the CRO and Office requires the support and cooperation of each State agency and department.</text> <paragraph num="a."> <text>Each principal Executive Branch department, the Maryland Energy Administration, and the Maryland Insurance Administration shall:</text> <paragraph num="i."> <text>Designate an Agency Resilience Liaison consistent with section B of this Order and provide the point of contact to the Department of Emergency Management.</text> </paragraph> <paragraph num="ii."> <text>Provide support and advice to the Office of Resilience in developing risk-based communication for communities and residents of Maryland.</text> </paragraph> <paragraph num="iii."> <text>Provide subject matter expertise and share data on natural hazard and climate change risks and predicted impacts to Maryland.</text> </paragraph> <paragraph num="iv."> <text>Provide guidance to assess development patterns in sea level rise hazard zones and other climate–related risk areas.</text> </paragraph> <paragraph num="v."> <text>Support the Office in the development and implementation of the Maryland 2-, 5-, and 10-year resilience plans, including but not limited to the following areas:</text> <paragraph num="a)"> <text>Developing risk-based and evidence-based strategies to mitigate natural hazard risk to housing, the environment, critical infrastructure including transportation, Maryland’s workforce, Maryland’s business owners including small, women- and minority-owned businesses, local governments including school systems, and our communities including those most vulnerable to natural hazards and those that have historically borne the brunt of natural hazards including the impacts of flooding, extreme heat, and winter storm impacts.</text> </paragraph> <paragraph num="b)"> <text>Reviewing current building code adoption across the state, evaluate the impact that building code adoption has on community resilience, jobs, property values, and tax revenues, and assess what investments may support the increased adoption of updated building codes that are responsive to climate–related risks.</text> </paragraph> <paragraph num="c)"> <text>Developing plans for resilience investments that reflect environmental justice considerations and mitigate natural hazard impacts to historically underserved communities</text> </paragraph> <paragraph num="d)"> <text>Advising on updating and implementing building codes to reflect evidence-based mitigation strategies for natural hazard risks</text> </paragraph> <paragraph num="e)"> <text>Providing subject matter expertise and guidance on resilience policy, best practices, data and evidence-based strategies which will make Maryland a more resilient State</text> </paragraph> </paragraph> <paragraph num="vi."> <text>Support the Office in conducting outreach and providing technical assistance to local jurisdictions interested in developing local resilience plans by, including but not limited to:</text> <paragraph num="a)"> <text>Aiding municipalities in securing design grants to increase neighborhood resilience;</text> </paragraph> <paragraph num="b)"> <text>Providing guidance to assess development patterns in sea level rise hazard zones and other climate–related risk areas;</text> </paragraph> <paragraph num="c)"> <text>Developing dynamic scoring models and evaluation tools to assist with planning and capture of future impacts on different community support functions;</text> </paragraph> <paragraph num="d)"> <text>Developing consumer–focused campaigns to educate the public on the importance of resilience building to homeowners, renters, and businesses and to instruct on what consumers should consider when evaluating properties, insurance, investments, and other related topics.</text> </paragraph> </paragraph> <paragraph num="vii."> <text>Provide an annual update listing all resilience, climate change, hazard mitigation, or related commissions, councils, work groups, task forces, study groups, and their missions, responsibilities, and authorities within each agency.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Agency Resilience Liaisons</text> <paragraph num="(1)"> <text>Each principal Executive Branch department, the Maryland Energy Administration, and the Maryland Insurance Administration shall designate an Agency Resilience Liaison that will:</text> <paragraph num="a."> <text>Serve as the primary point of contact for resilience-related efforts for the Department or Agency;</text> </paragraph> <paragraph num="b."> <text>Receive and promptly address inquiries, requests, or concerns related to resilience;</text> </paragraph> <paragraph num="c."> <text>Provide regular updates to the Office regarding activities within the Department or/Agency that address Maryland’s resilience; and</text> </paragraph> <paragraph num="d."> <text>Cooperate with and collaborate with the CRO and Office to provide subject matter expertise and Departmental/Agency perspective on resilience-related matters.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The University of Maryland Center for Environmental Science, Harry R. Hughes Center for Agro-Ecology, and the Maryland Environmental Service shall cooperate, consult, and otherwise assist the CRO and ARLs.</text> </paragraph> <paragraph num="(3)"> <text>The CRO shall ensure collaboration, information sharing, and strategic guidance for the ARL program.</text> </paragraph> <paragraph num="(4)"> <text>The CRO and ARLs shall meet at least biannually to provide the CRO with advice and recommendations about State resilience policies and practices related to resilience by:</text> <paragraph num="a."> <text>Evaluating current resilience strategies and investments across State government;</text> </paragraph> <paragraph num="b."> <text>Developing comprehensive statewide, all-hazards resilience goals and implementation strategies</text> </paragraph> <paragraph num="c."> <text>Evaluating existing commissions, councils, work groups, task forces, study groups, and their missions, responsibilities, and authorities within each agency, identifying redundancies, and making recommendations to streamline state resilience policy efforts.</text> </paragraph> <paragraph num="d."> <text>Recommending a coordinated plan for investment of resilience-related funding which prioritizes investment for underserved and highest-risk communities for all hazards facing the State.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The CRO shall determine the meeting agenda.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Department shall be responsible for the implementation of this executive order.</text> </paragraph> <paragraph num="D."> <text>Nothing in this Executive Order shall be construed to impair or otherwise affect the authority granted by law to an Executive Department or Agency.</text> </paragraph> <paragraph num="E."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="F."> <text>If any provision of this Executive Order is held invalid, or its application to a person, event or circumstances is held invalid by any court of competent jurisdiction, all other applications or provisions of the Executive Order shall remain in effect to the greatest extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: September 4, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".33" heading="Governor’s Subcabinet for International Affairs"> <text>(Rescinds Executive Order 01.01.2005.24)</text> <paragraph num="A."> <text>Establishment. There is a Governor's Subcabinet for International Affairs (“Subcabinet”) established for the purpose of developing, evaluating and coordinating a cohesive international strategy to enhance the State's competitiveness and stature in the global marketplace and international arena.</text> </paragraph> <paragraph num="B."> <text>Membership. The Subcabinet shall consist of:</text> <paragraph num="(1)"> <text>The Secretary of State;</text> </paragraph> <paragraph num="(2)"> <text>The Secretary of Commerce;</text> </paragraph> <paragraph num="(3)"> <text>The Secretary of Agriculture;</text> </paragraph> <paragraph num="(4)"> <text>The Secretary of Transportation;</text> </paragraph> <paragraph num="(5)"> <text>The Secretary of Higher Education;</text> </paragraph> <paragraph num="(6)"> <text>The Adjutant General;</text> </paragraph> <paragraph num="(7)"> <text>The Secretary of the Environment; and</text> </paragraph> <paragraph num="(8)"> <text>The Lieutenant Governor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Chair. The Secretary of State shall chair the Subcabinet and is responsible for the oversight and direction of the work of the Subcabinet.</text> </paragraph> <paragraph num="D."> <text>Administration.</text> <paragraph num="(1)"> <text>The Subcabinet shall be staffed by the International Affairs Division within the Office of the Secretary of State.</text> </paragraph> <paragraph num="(2)"> <text>The Governor or the Chair may establish subcommittees to carry out the work of the Subcabinet.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Subcabinet shall meet as often as its duties require, but no less than quarterly.</text> </paragraph> <paragraph num="(2)"> <text>The Subcabinet shall consult with other State departments and agencies as needed to carry out the provisions of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Duties. The Subcabinet shall:</text> <paragraph num="(1)"> <text>Advise the Governor on matters of international affairs.</text> </paragraph> <paragraph num="(2)"> <text>Coordinate the State’s international activity including international cultural and educational, and economic development events, trips, and activities, and cooperate with the federal government, where necessary.</text> </paragraph> <paragraph num="(3)"> <text>Oversee the protocol functions of the State by developing and implementing a system to ensure that international protocol is adequately conducted on behalf of the State.</text> </paragraph> <paragraph num="(4)"> <text>Contribute to the economic development of the State by ensuring that all appropriate State agencies work in a cooperative, coordinated manner to plan, implement, oversee and evaluate the foreign affairs of the State.</text> </paragraph> <paragraph num="(5)"> <text>Examine the current structure and organization of Maryland's system of international affairs to develop:</text> <paragraph num="a."> <text>A coordinated State international strategy that includes a procedure for identifying and assessing foreign developments that may impact the State;</text> </paragraph> <paragraph num="b."> <text>An annual interagency plan for implementation of the State international strategy, including services and functions dealing with the international affairs of the State;</text> </paragraph> <paragraph num="c."> <text>A consistent and clear international identity of the State by serving as the official liaison between the Governor and foreign governments and international organizations; and</text> </paragraph> <paragraph num="d."> <text>Recommendations for programs and policies, if appropriate, to ensure that the needs and goals of the State's international strategy are met and accomplished.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Develop a plan to coordinate and respond to international correspondence and requests.</text> </paragraph> <paragraph num="(7)"> <text>Perform other duties and responsibilities as assigned by the Governor.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Reporting. The Subcabinet shall submit a report to the Governor by January 31st each year, detailing its recommendations to support a coordinated State international strategy.</text> </paragraph> <paragraph num="H."> <text>General Provisions.</text> <paragraph num="(1)"> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="(2)"> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: September 30, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".34" heading="Reinvest Baltimore"> <paragraph num="A."> <text>Establishment.</text> <paragraph num="1."> <text>There is hereby established a Reinvest Baltimore Program (“Reinvest Baltimore”), a collective effort between the State, Baltimore City, and local organizations to eliminate concentrations of vacant properties and blight, revitalize neighborhoods, and maximize the economic potential and quality of life for residents in Baltimore City.</text> </paragraph> <paragraph num="2."> <text>The Maryland Department of Housing and Community Development’s Project C.O.R.E. (Creating Opportunities for Revitalization and Equity) Initiative to develop green space, affordable and mixed use housing, greater opportunities for “small business owners”, generate jobs, and strengthen the partnership between the City of Baltimore and the State of Maryland to create safer, healthier and more attractive spaces for families to live and put down roots in Baltimore, shall now be known as the Baltimore Vacants Reinvestment Initiative.</text> <paragraph num="a."> <text>The Secretary of the Department of Housing and Community Development shall rebrand, incorporate and merge the activities of the former Project C.O.R.E. with the new Baltimore Vacants Reinvestment Initiative.</text> </paragraph> </paragraph> <paragraph num="3."> <text>There is hereby established a Baltimore Vacants Reinvestment Council (“Council”) to coordinate State and local efforts to implement Reinvest Baltimore and provide timely and accurate information to the Governor about the programs, activities, and progress of Reinvest Baltimore.</text> </paragraph> <paragraph num="4."> <text>Reinvest Baltimore shall consist of the Baltimore Vacants Reinvestment Initiative and the Baltimore Vacants Reinvestment Council.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Membership. The Council shall consist of the following members:</text> <paragraph num="1."> <text>The Secretary of the Department of Housing and Community Development, or the Secretary’s designee, who shall serve as Chair;</text> </paragraph> <paragraph num="2."> <text>The Commissioner of the Baltimore City Department of Housing and Community Development, or the Commissioner’s designee, who shall serve as Vice Chair;</text> </paragraph> <paragraph num="3."> <text>The Secretary of the Maryland Department of Planning, or the Secretary’s designee;</text> </paragraph> <paragraph num="4."> <text>The Secretary of the Maryland Department of Labor, or the Secretary’s designee;</text> </paragraph> <paragraph num="5."> <text>The Executive Director of the Maryland Stadium Authority, or the Director’s designee;</text> </paragraph> <paragraph num="6."> <text>The Attorney General, or the Attorney General’s designee;</text> </paragraph> <paragraph num="7."> <text>The Executive Director of the Maryland Economic Development Corporation, or the Executive Director’s designee;</text> </paragraph> <paragraph num="8."> <text>One (1) member of the Maryland Senate, appointed by the President of the Senate;</text> </paragraph> <paragraph num="9."> <text>One (1) member of the Maryland House of Delegates, appointed by the Speaker of the House of Delegates;</text> </paragraph> <paragraph num="10."> <text>Two (2) members appointed by the Baltimore City Mayor representing:</text> <paragraph num="a."> <text>The Office of the Mayor; and</text> </paragraph> <paragraph num="b."> <text>The Baltimore City Department of Finance;</text> </paragraph> </paragraph> <paragraph num="11."> <text>One (1) member of the Baltimore City Council, appointed by the Baltimore City Council President;</text> </paragraph> <paragraph num="12."> <text>Five (5) members, appointed by the Governor, with training, knowledge, or experience in real estate, community-engaged design and planning, building equitable neighborhoods, and addressing housing vacancy; and</text> </paragraph> <paragraph num="13."> <text>Such other officials of executive departments and agencies as the Governor may from time to time designate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Duties. The Council, led by the Secretary of the Department of Housing and Community Development, shall:</text> <paragraph num="1."> <text>Develop a plan to obtain private, philanthropic, and federal funding to support Reinvest Baltimore;</text> </paragraph> <paragraph num="2."> <text>Recommend strategies and establish community-based priorities to maximize investments, reduce vacancy and promote neighborhood renewal in Baltimore City;</text> </paragraph> <paragraph num="3."> <text>Identify and address challenges related to the implementation of Reinvest Baltimore;</text> </paragraph> <paragraph num="4."> <text>Gather and share information related to vacancy reduction, eliminating blight, and neighborhood renewal;</text> </paragraph> <paragraph num="5."> <text>Provide recommendations on the establishment of “VacantStat,” a State and Baltimore City comprehensive and public data dashboard to measure and monitor key metrics that will combine existing resources and the information, tools, and supplements to illustrate progress on Reinvest Baltimore;</text> </paragraph> <paragraph num="6."> <text>Identify opportunities for the State and Baltimore City to increase collaboration to advance Reinvest Baltimore; and</text> </paragraph> <paragraph num="7."> <text>Recommend policy changes at the State and local level to promote Reinvest Baltimore.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Administration.</text> <paragraph num="1."> <text>The Council shall be staffed by the Maryland Department of Housing and Community Development.</text> </paragraph> <paragraph num="2."> <text>The Council may function through established or ad hoc committees or working groups.</text> </paragraph> <paragraph num="3."> <text>Members appointed by the Governor shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="4."> <text>Members of the Council may not receive any compensation for their services, but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.</text> </paragraph> <paragraph num="5."> <text>To the extent permitted by law, all Executive Branch departments and agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request.</text> </paragraph> <paragraph num="6."> <text>The Council shall maintain transparency in its operations and is subject to the provisions of the Public Information Act and the Open Meetings Act.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Procedures.</text> <paragraph num="1."> <text>The Council Chair shall:</text> <paragraph num="a."> <text>Oversee and lead the implementation of this Executive Order and the work of the Council;</text> </paragraph> <paragraph num="b."> <text>Determine the Council's agenda; and</text> </paragraph> <paragraph num="c."> <text>Identify additional support as needed.</text> </paragraph> </paragraph> <paragraph num="2."> <text>The Council Chair may adopt bylaws, rules, and other procedures necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="3."> <text>A majority of the members present shall constitute a quorum for the transaction of any business of the Council.</text> </paragraph> <paragraph num="4."> <text>The Council shall submit an annual report to the Governor on or before January 1, 2025, and by September 30th, each year thereafter, outlining the status of Reinvest Baltimore and any progress, challenges, and recommendations.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Meetings of the Council.</text> <paragraph num="1."> <text>The Council shall meet as often as its duties require, but no less than quarterly.</text> </paragraph> <paragraph num="2."> <text>The Council Chair may convene meetings of the Council and shall preside over the meetings.</text> </paragraph> <paragraph num="3."> <text>The Council may establish ad hoc committees or working groups that meet in between the Council’s official quarterly meetings.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Duration. This Executive Order shall remain in effect until January 15, 2027, unless earlier modified or rescinded.</text> </paragraph> <paragraph num="H."> <text>General Provisions.</text> <paragraph num="1."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="2."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: October 1, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".38" heading="Delivering a More Efficient, Equitable, and Competitive Procurement System for Maryland"> <paragraph num="A."> <text>Scope.</text> </paragraph> <paragraph num="B."> <text>Definitions. The following words have the meanings indicated:</text> <paragraph num="1."> <text>“Preferred Providers” means a provider of supplies or services given preference in Section 14-103 of the State Finance and Procurement Article.</text> </paragraph> <paragraph num="2."> <text>“Procurement Review Group” means a standing group charged with reviewing solicitations, task orders solicitations, proposed sole-source contracts, and contract renewal options to maximize opportunities for MBE and VSBE participation on State procurement contracts.</text> </paragraph> <paragraph num="3."> <text>“Unit” as defined by Section 11-101(y) of the State Finance and Procurement Article, means an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement contract.</text> <paragraph num="a."> <text>Unit does not include:</text> <paragraph num="i."> <text>A bistate, multistate, bi-county, or multicounty governmental agency; or</text> </paragraph> <paragraph num="ii."> <text>A special tax district, sanitary district, drainage district, soil conservation district, water supply district, or other political subdivision of the State.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Authorizing Comprehensive Contract Management Process & Technology Improvements</text> <paragraph num="1."> <text>The Office of State Procurement within the Maryland Department of General Services (“OSP”), in coordination with the Maryland Department of Transportation (“MDOT”), and the Maryland Department of Information Technology (“DoIT”), shall develop and implement a comprehensive Statewide centralized contract management process and platform in compliance with State procurement law that will:</text> <paragraph num="a."> <text>Integrate available automation and technology to streamline administrative tasks, enhance contract monitoring mechanisms, and ensure compliance and implementation of contract management software and technology tools;</text> </paragraph> <paragraph num="b."> <text>Establish standardized project specification templates and documentation protocols to minimize project delays and modifications, while also facilitating efficient execution of executive directives;</text> </paragraph> <paragraph num="c."> <text>Provide a method for reporting on a centralized platform where contract management performance data is collected, reviewed, and displayed;</text> </paragraph> <paragraph num="d."> <text>Include a mechanism for vendors and procurement officers to provide feedback, identify bottlenecks, address challenges, and facilitate a continuous cycle of improvement within the procurement process;</text> </paragraph> <paragraph num="e."> <text>Offer a contract management training certification program through the Maryland Procurement Academy for State agencies; and</text> </paragraph> <paragraph num="f."> <text>Capture and securely store detailed information about prospective bidders and offerors, by commodity codes and socially and economically disadvantaged-owned business status, to facilitate MBE and Disadvantaged-owned Business Enterprise (“DBE”) disparity study analysis and program reporting.</text> </paragraph> </paragraph> <paragraph num="2."> <text>OSP shall review and consider implementing innovative solutions to streamline the procurement process and reduce administrative burdens, while maintaining the core principles of fair competition and diverse supplier engagement, including:</text> <paragraph num="a."> <text>For routine procurements, developing a 120-day procurement lead time from the date the procurement package is complete to the date the award is recommended. This process should require fewer approvals and reserve more payment intensive review processes for more complex contracts;</text> </paragraph> <paragraph num="b."> <text>Expanding the use of contract vehicles with pre-approved vendors, including CSBs, to accelerate the procurement process for routine purchases while maintaining a robust and diverse supplier base;</text> </paragraph> <paragraph num="c."> <text>Creating more efficient processes for emergency procurements to ensure quick response times without impeding necessary oversight or sacrificing socioeconomic procurement goals;</text> </paragraph> <paragraph num="d."> <text>Developing a method and a vehicle for proof of concept procurements and pilot projects in emerging technology fields to help identify and recruit new entrants and innovative firms to the State procurement ecosystem;</text> </paragraph> <paragraph num="e."> <text>Developing a more efficient process for handling contract modifications, which include utilizing pre-approved modification categories that require less intensive review; and</text> </paragraph> <paragraph num="f."> <text>Recommending a process through which a vendor may offer a discount to the State in exchange for accelerated payments.</text> </paragraph> </paragraph> <paragraph num="3."> <text>DoIT, in coordination with OSP and MDOT, shall review existing information technology (“IT”) and eProcurement systems used to collect and aggregate data on contract performance, awards, and CSB, MBE and VSBE certifications, and develop a strategy for modernizing those systems to:</text> <paragraph num="a."> <text>Ensure interoperability that will facilitate real-time communication, document sharing, and seamless integration of data and processes; and</text> </paragraph> <paragraph num="b."> <text>Leverage innovative technologies, such as artificial intelligence (“AI”), machine learning (“ML”), and other emerging technologies (altogether, “emerging technologies”) to automate and streamline processes.</text> </paragraph> </paragraph> <paragraph num="4."> <text>OSP, in coordination with DoIT, shall identify opportunities and establish guidelines for the utilization of emerging technologies to assist in the end-to-end procurement lifecycle, to speed up the evaluation process, while ensuring fair, equitable, and a competitive marketplace for all bidders and offerors.</text> </paragraph> <paragraph num="5."> <text>OSP, in consultation with the Maryland Department of Budget and Management (“DBM”), shall examine and report the benefits of a centralized procurement function, including shared services functions for smaller agencies and offices, to effectively and efficiently meet the State's procurement needs.</text> </paragraph> <paragraph num="6."> <text>MDOT and the Governor’s Office of Small, Minority and Women Business Affairs (“GOSBA”) shall review existing processes and if possible, develop a strategy for streamlining the certification process for the Small Business Reserve (“SBR”), MBE, and VSBE programs. This strategy shall include a plan to implement a streamlined verification process for socially and economically disadvantaged-owned business certifications to reduce the administrative burden on applicant firms, and expand the vendor pool.</text> </paragraph> <paragraph num="7."> <text>Beginning on April 30, 2025, OSP, in coordination with MDOT, DoIT, and GOSBA, shall report to the Governor quarterly on April 30th, July 31st, October 31st, and January 31st, detailing the progress of the initiatives outlined in Section B of this Executive Order, including the efforts that have been completed and the anticipated implementation timelines for any incomplete objectives.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Expanding Participation for Small and Socially and Economically Disadvantaged-owned Business Programs in State Procurement.</text> <paragraph num="1."> <text>Effective immediately, all Procurement Officers are hereby directed to:</text> <paragraph num="a."> <text>Designate a procurement as SBR if market research indicates that two or more certified small businesses under the SBR program can perform the work or provide the desired goods or services;</text> </paragraph> <paragraph num="b."> <text>Proactively work with prime contractors to achieve or exceed contractual MBE and VSBE subcontracting goals in instances where the procurement officer is acting as the Contract Manager by performing annual reviews to identify compliance with those established contractual MBE and VSBE participation goals and if necessary, require corrective action plans from the prime contractors;</text> </paragraph> <paragraph num="c."> <text>Apply reciprocal preferences to applicable procurements for Maryland bidders and offerers in accordance with the Board of Public Works Advisory 1996-5 and Maryland law; and</text> </paragraph> <paragraph num="d."> <text>When practicable, require the submission of economic benefit factors to the State when conducting a competitive procurement evaluation.</text> </paragraph> </paragraph> <paragraph num="2."> <text>OSP, in collaboration with MDOT and GOSBA, shall determine the feasibility of requiring diversity hiring plans for all procurements expected to exceed $500,000 prior to award.</text> </paragraph> <paragraph num="3."> <text>GOSBA shall ensure that small and socially and economically disadvantaged-owned businesses are considered and integrated effectively into State procurement processes, with the goal of enhancing oversight of these programs by:</text> <paragraph num="a."> <text>Providing a single point of contact and resource within the State of Maryland; and</text> </paragraph> <paragraph num="b."> <text>Ensuring that performance data is standardized across State agencies and transparently reported to provide accountability and foster improvements in government procurement operations.</text> </paragraph> </paragraph> <paragraph num="4."> <text>GOSBA, in consultation with DGS, shall determine the feasibility of including the Preferred Providers, defined in Section 14-101(d) of the State Finance and Procurement Article, as part of the centralized small and socially and economically disadvantaged-owned business programs oversight under GOSBA.</text> </paragraph> <paragraph num="5."> <text>GOSBA and MDOT, in consultation with the United States Small Business Administration (“SBA”), shall determine if there is an opportunity to streamline the certification process to accept firms certified as 8(a) Program participants, Veteran-Owned Small Businesses (“VOSB”), and Women-Owned Small Businesses (“WOSB”) by the SBA into the Maryland MBE and VSBE programs.</text> </paragraph> <paragraph num="6."> <text>On or before September 1, 2025, MDOT, in coordination with GOSBA and OSP, shall update regulations to extend all small and socially and economically disadvantaged-owned business certifications from one year to three years.</text> </paragraph> <paragraph num="7."> <text>GOSBA shall implement a vendor training program to ensure the awareness, understanding, and transparency of the obligations, roles, and responsibilities of prime and subcontractors in State contracting, including how to complete MBE and VSBE participation goal forms accurately and completely.</text> </paragraph> <paragraph num="8."> <text>GOSBA shall annually review and update, as needed, the MBE and VSBE participation goal forms, MBE and VSBE vendor report forms, Unit reporting templates, and consolidated reporting schedules to improve transparency, streamline processes, and reduce administrative burden. In addition, GOSBA shall:</text> <paragraph num="a."> <text>In coordination with DoIT, develop strategies to leverage available technologies to automate the reporting processes for these requirements; and</text> </paragraph> <paragraph num="b."> <text>Leverage more efficient and transparent processes to ensure greater compliance by prime contractors to meet their subcontracting goals.</text> </paragraph> </paragraph> <paragraph num="9."> <text>GOSBA shall perform an analysis and provide recommendations on the impact on the business community of Section 14-302(a)(14)(ii) of the State Finance and Procurement Article – commonly known as the 60% Rule – applied to materials and supplies in a procurement transaction.</text> </paragraph> <paragraph num="10."> <text>GOSBA shall implement training for Procurement Officers and MBE, VSBE, and SBR Liaisons on best practices regarding the establishment and compliance efforts related to MBE and VSBE participation goals and SBR designations on procurements; and evaluation of submitted participation forms for accuracy and completeness and to prioritize and ensure the maximum practicable utilization of small and socially and economically disadvantaged-owned businesses consistent with State and federal constitutional requirements.</text> </paragraph> <paragraph num="11."> <text>GOSBA shall design and administer a Mentor-Protégé program designed to foster the growth and development of small, diverse businesses in Maryland, as authorized by Section 9-305 of the State Government Article.</text> </paragraph> <paragraph num="12."> <text>Beginning April 30, 2025, OSP, in coordination with MDOT, DoIT, and GOSBA, shall publish a quarterly report to the Governor on April 30th, July 31st, October 31st, and January 31st, detailing the progress of the initiatives outlined in this section that includes which efforts have been completed and anticipated implementation timelines for incomplete efforts.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Strengthening Compliance with MBE and VSBE Contractual Goals</text> <paragraph num="1."> <text>OSP, GOSBA and MDOT shall, in consultation with the Office of the Attorney General (“OAG”):</text> <paragraph num="a."> <text>Determine the feasibility of applying a mechanism to withhold payments to prime contractors to enhance accountability measures for contractual requirements related to MBE and VSBE goals on state procurement contracts; and</text> </paragraph> <paragraph num="b."> <text>Require attestations that the bidder and offeror will make good faith efforts to acquire articles, equipment, supplies, services, or materials, or obtain the performance of work from the certified small business(es) that the offeror used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal.</text> </paragraph> </paragraph> <paragraph num="2."> <text>GOSBA, in consultation with OAG, shall develop additional administrative and policy recommendations to strengthen compliance efforts on MBE and VSBE goals on state procurement contracts.</text> </paragraph> <paragraph num="3."> <text>No later than April 30, 2025, GOSBA and OSP, in consultation with OAG and MDOT, shall jointly submit a report to the Governor on the findings of this section.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Increasing Accountability for Contractor Compliance with Socioeconomic Procurement Goals</text> </paragraph> <paragraph num="G."> <text>Establishing Agency-Level Socioeconomic Procurement Goals</text> <paragraph num="1."> <text>In an effort to more accurately measure each participating unit’s ability to contribute towards the State’s overall socioeconomic procurement goals related to the MBE, VSBE, and SBR programs, GOSBA shall:</text> <paragraph num="a."> <text>Review, on an annual basis, historical and projected contract data with all participating units and, establish unit-level MBE, VSBE, and SBR goals for each participating unit to count towards the State’s overall socioeconomic procurement goals, established pursuant to Sections 14-302(a)(1)(ii), 14-602(a)(2), and 14-502(c) of the State Finance and Procurement Article;</text> </paragraph> <paragraph num="b."> <text>Publish necessary guidelines, promulgate requisite regulations, and administer training programs for procurement officers and MBE, VSBE, and SBR liaisons to fulfill the requirements of this section; and</text> </paragraph> <paragraph num="c."> <text>GOSBA shall publish an annual report of each participating unit’s goals, cumulative statewide goals, and respective achievements, as applicable, and other requirements as outlined in Section 14-305 of the State Finance and Procurement Article.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Governor’s Subcabinet on Socioeconomic Procurement Participation</text> <paragraph num="1."> <text>Establishment. There is hereby a Governor’s Subcabinet on Socioeconomic Procurement Participation (“Subcabinet”).</text> </paragraph> <paragraph num="2."> <text>Membership. The Subcabinet shall consist of the following members:</text> <paragraph num="a."> <text>The Special Secretary of the Governor’s Office of Small, Minority, and Women Business Affairs, who shall serve as chair of the Subcabinet;</text> </paragraph> <paragraph num="b."> <text>The Secretary of the Department of Budget and Management, or their designee;</text> </paragraph> <paragraph num="c."> <text>The Secretary of the Department of Commerce, or their designee;</text> </paragraph> <paragraph num="d."> <text>The Secretary of the Department of General Services, or their designee;</text> </paragraph> <paragraph num="e."> <text>The Secretary of the Department of Health, or their designee;</text> </paragraph> <paragraph num="f."> <text>The Secretary of the Department of Housing and Community Development, or their designee;</text> </paragraph> <paragraph num="g."> <text>The Secretary of the Department of Human Services, or their designee;</text> </paragraph> <paragraph num="h."> <text>The Secretary of the Department of Information Technology, or their designee;</text> </paragraph> <paragraph num="i."> <text>The Secretary of the Department of Public Safety and Correctional Services, or their designee;</text> </paragraph> <paragraph num="j."> <text>The Secretary of the Department of Transportation, or their designee;</text> </paragraph> <paragraph num="k."> <text>The Secretary of the Department of Veterans & Military Families, or their designee;</text> </paragraph> <paragraph num="l."> <text>The Chief Procurement Officer of the State of Maryland, or their designee;</text> </paragraph> <paragraph num="m."> <text>The Minority Business Enterprise Ombudsman, or their designee; and</text> </paragraph> <paragraph num="n."> <text>Any other head of a department or agency accountable to the Governor as deemed necessary to serve on this Subcabinet by the Governor.</text> </paragraph> </paragraph> <paragraph num="3."> <text>Duties. The Subcabinet shall:</text> <paragraph num="a."> <text>Meet as often as the Chair deems appropriate, but no less than quarterly;</text> </paragraph> <paragraph num="b."> <text>Study socioeconomic procurement programs in other states to identify successes and best practices;</text> </paragraph> <paragraph num="c."> <text>Develop accountability measures for procurement forecasts, strategic plans, Procurement Review Group process, and liaison officer accountability;</text> </paragraph> <paragraph num="d."> <text>Analyze annual performance at both the Statewide and procurement unit levels;</text> </paragraph> <paragraph num="e."> <text>Work with OSP to implement process improvements that directly impact socioeconomic procurement businesses’ ability to fairly compete for – and navigate – State contract opportunities;</text> </paragraph> <paragraph num="f."> <text>Identify and recommend statutory and regulatory reforms to strengthen and improve Maryland’s socioeconomic procurement programs;</text> </paragraph> <paragraph num="g."> <text>Recommend actions to achieve necessary improvements impacting the MBE, VSBE, and SBR programs; and</text> </paragraph> <paragraph num="h."> <text>Publish a report to the Governor by December 31st of each year on the Subcabinet’s activities, recommendations, and progress.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Increasing Competition in the Maryland Procurement Marketplace</text> <paragraph num="1."> <text>To increase Maryland’s competitive marketplace and to ensure fair and reasonable procurement practices that are based on market realities, procurement officers shall conduct market research appropriate to the circumstances of the procurement, including the size and complexity of the procurement, and provide written documentation of the results of such market research. This written documentation should identify the parameters of the procurement and include an analysis of the capability of the market to meet the Unit’s requirements, whether there are enough potential suppliers to set up a competitive procurement process, and whether any aspects of the Unit’s requirements can be altered to facilitate greater competition.</text> </paragraph> <paragraph num="2."> <text>Unit program officials participating in the procurement process shall allow for open communication with the vendor community, in accordance with all applicable laws, rules, and regulations, to ensure that requirements are drafted in a manner that ensures increased competition, emphasizing the importance of small and socially and economically disadvantaged-owned businesses being included in discussions regarding stated procurement needs.</text> </paragraph> <paragraph num="3."> <text>OSP, in consultation with GOSBA and MDOT, is hereby directed to determine the feasibility of increasing the threshold for bond requirements on procurement contracts for construction from $100,000 to $400,000.</text> <paragraph num="a."> <text>This increase in the bond threshold is intended to:</text> <paragraph num="i."> <text>Make construction contracting with the State of Maryland more accessible and attractive to small businesses.</text> </paragraph> <paragraph num="ii."> <text>Reduce barriers to entry for smaller contractors and encourage a more diverse pool of businesses to participate in State procurement opportunities; and</text> </paragraph> <paragraph num="iii."> <text>Stimulate economic growth by allowing more businesses to compete for and secure State contracts for construction.</text> </paragraph> </paragraph> <paragraph num="b."> <text>If determined feasible, GOSBA shall provide outreach and education to small businesses on how this policy change affects their ability to compete for State contracts and assist small businesses in understanding and meeting any remaining bonding requirements for procurement contracts for construction over $400,000.</text> </paragraph> <paragraph num="c."> <text>The bond threshold shall be evaluated by OSP, in consultation with GOSBA and MDOT, every two years to assess its effectiveness in increasing socially and economically disadvantaged-owned businesses program participation in State procurement contracts, unless otherwise required by law or as a condition for funding.</text> </paragraph> <paragraph num="d."> <text>Nothing in this section shall be construed to eliminate or reduce other necessary protections for the State in its procurement contracting processes. OSP and other relevant agencies shall ensure that appropriate risk management measures remain in place for all procurement contracts, regardless of value.</text> </paragraph> <paragraph num="e."> <text>Beginning April 30, 2025, OSP, in coordination with GOSBA, shall publish a quarterly report to the Governor on April 30th, July 31st, October 31st, and January 31st, detailing the progress of the initiatives outlined in this section that includes which efforts have been completed and anticipated implementation timelines for incomplete efforts.</text> </paragraph> </paragraph> </paragraph> <paragraph num="J."> <text>Strengthening Maryland’s Procurement Workforce</text> <paragraph num="1."> <text>OSP, in consultation with DBM, is hereby directed to examine the volume and complexity of State procurements to determine how many procurement officers are required to adequately handle the volume and complexity of State procurements.</text> </paragraph> <paragraph num="2."> <text>DBM, in consultation with OSP and MDOT, shall conduct a comprehensive review of all classifications that contain procurement duties, including all procurement officer classification series, to ensure that:</text> <paragraph num="a."> <text>Career ladders for procurement professionals are clearly defined;</text> </paragraph> <paragraph num="b."> <text>Procurement staff salaries and compensation are competitive relative to Maryland cities and counties, surrounding states, and the Federal government; and</text> </paragraph> <paragraph num="c."> <text>Classifications are commensurate with duties, roles, and experience.</text> </paragraph> </paragraph> <paragraph num="3."> <text>OSP, in consultation with MDOT, shall further establish a professional procurement officer training series with continuous learning requirements to uplift the knowledge base and support the procurement officer career field.</text> <paragraph num="a."> <text>Such training shall include regular updates on policies and laws to produce more equitable outcomes in contracting and diversity in the vendor community.</text> </paragraph> <paragraph num="b."> <text>This training shall be in addition to the Certified Maryland Procurement Officer (“CMPO”) training already required for all procurement officers.</text> </paragraph> </paragraph> <paragraph num="4."> <text>Beginning April 30, 2025, OSP, in coordination with DBM and MDOT, shall publish a quarterly report to the Governor on April 30th, July 31st, October 31st, and January 31st, detailing the progress of the initiatives outlined in this section that includes which efforts have been completed and anticipated implementation timelines for incomplete efforts.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Utilization of Maryland’s Historically Black Colleges and Universities (HBCUs)</text> <paragraph num="1."> <text>All units of state government are hereby directed to consider the capabilities and services available at Maryland’s four HBCUs – Bowie State University, Coppin State University, Morgan State University, and the University of Maryland Eastern Shore – to meet their unit’s service contract needs through interagency agreements administered by DBM.</text> </paragraph> <paragraph num="2."> <text>DBM, with support from GOSBA, is hereby directed to develop a methodology for achieving or exceeding the 5% goal for utilizing Maryland’s HBCUs for interagency agreements.</text> </paragraph> <paragraph num="3."> <text>DBM shall review and update the guidelines for interagency agreements to assign HBCUs as a resource to fulfill State requirements.</text> </paragraph> <paragraph num="4."> <text>DBM, with support from OSP, shall develop and administer a training program for interagency agreement coordinators and procurement officers to maximize the 5% goal for utilizing HBCUs via interagency agreements and the commitment to maximize the utilization of Maryland’s HBCUs.</text> </paragraph> <paragraph num="5."> <text>Beginning April 30, 2025, DBM, with support from OSP, shall publish a quarterly report to the Governor on April 30th, July 31st, October 31st, and January 31st, detailing the progress of the initiatives outlined in this section that includes which efforts have been completed and anticipated implementation timelines for incomplete efforts.</text> </paragraph> </paragraph> <paragraph num="L."> <text>General Provisions</text> <paragraph num="1."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="2."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: December 18, 2024.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".39" heading="Strengthening Maryland’s Business Climate to Bolster Economic Competitiveness"> <paragraph num="A."> <text>Scope.</text> </paragraph> <paragraph num="B."> <text>Governor’s Economic Competitiveness Subcabinet.</text> <paragraph num="1."> <text>Establishment. There is a Governor’s Economic Competitiveness Subcabinet (“Subcabinet”).</text> </paragraph> <paragraph num="2."> <text>Membership. The Subcabinet shall consist of the following members:</text> <paragraph num="a."> <text>The Secretary of Commerce, who shall serve as chair of the Subcabinet;</text> </paragraph> <paragraph num="b."> <text>The Secretary of Agriculture;</text> </paragraph> <paragraph num="c."> <text>The Secretary of Budget and Management;</text> </paragraph> <paragraph num="d."> <text>The Secretary of the Environment;</text> </paragraph> <paragraph num="e."> <text>The Secretary of Higher Education;</text> </paragraph> <paragraph num="f."> <text>The Secretary of Housing and Community Development;</text> </paragraph> <paragraph num="g."> <text>The Secretary of General Services;</text> </paragraph> <paragraph num="h."> <text>The Secretary of Labor;</text> </paragraph> <paragraph num="i."> <text>The Secretary of Planning;</text> </paragraph> <paragraph num="j."> <text>The Secretary of Transportation;</text> </paragraph> <paragraph num="k."> <text>The Special Secretary of the Governor’s Office of Small, Minority, and Women Business Affairs;</text> </paragraph> <paragraph num="l."> <text>The Chancellor of the University System of Maryland;</text> </paragraph> <paragraph num="m."> <text>The State Superintendent of Schools;</text> </paragraph> <paragraph num="n."> <text>The Executive Director of the Maryland Economic Development Corporation;</text> </paragraph> <paragraph num="o."> <text>The Executive Director of the Maryland Clean Energy Center;</text> </paragraph> <paragraph num="p."> <text>The Chief Executive Officer of the Maryland Technology Development Corporation; and</text> </paragraph> <paragraph num="q."> <text>Such other officials of the executive departments and agencies as the Governor may from time to time designate.</text> </paragraph> </paragraph> <paragraph num="3."> <text>Duties of the Subcabinet. The Subcabinet shall:</text> <paragraph num="a."> <text>Advise the Governor on, and identify and recommend policies, regulations, strategies, and actions that strengthen Maryland’s economic competitiveness and growth on an ongoing basis;</text> </paragraph> <paragraph num="b."> <text>Review proposed policies and procedures by executive departments and agencies impacting economic development and workforce development;</text> </paragraph> <paragraph num="c."> <text>Coordinate the implementation of executive directives and legislation that support business and talent development in the state;</text> </paragraph> <paragraph num="d."> <text>Track the progress of the cross-agency implementation of the Economic Strategic Plan approved by the Maryland Economic Development Commission;</text> </paragraph> <paragraph num="e."> <text>Track the progress of the cross-agency implementation of the economic goals under the Moore-Miller Administration’s Maryland State Plan; and</text> </paragraph> <paragraph num="f."> <text>On a biannual basis, develop and publish a consolidated economic competitiveness plan that incorporates strategies and action plans from every executive department and agency represented on the Subcabinet.</text> </paragraph> </paragraph> <paragraph num="4."> <text>Meetings of the Subcabinet.</text> <paragraph num="a."> <text>The Subcabinet shall meet at least once per month.</text> </paragraph> </paragraph> <paragraph num="5."> <text>Administrative Support for the Subcabinet.</text> <paragraph num="a."> <text>The Department of Commerce shall provide administrative support to the Subcabinet.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Governor’s Office of Business Advancement.</text> <paragraph num="1."> <text>Establishment. No later than December 31, 2024, a Governor’s Office of Business Advancement (“Office”) shall be established within the Department of Commerce.</text> </paragraph> <paragraph num="2."> <text>Purpose. The Office shall:</text> <paragraph num="a."> <text>Provide wraparound concierge service and support to businesses and corporations seeking to locate or expand in Maryland;</text> </paragraph> <paragraph num="b."> <text>Assist major businesses, employers, and developers navigate State and local permitting and licensing requirements and, when necessary, assist in the resolution of disputes between business customers and State and local agencies;</text> </paragraph> <paragraph num="c."> <text>Assist businesses looking to expand or relocate in Maryland navigate and secure financial incentives through available State programs, for which they are eligible;</text> </paragraph> <paragraph num="d."> <text>Assist the Secretary of Commerce in attracting, negotiating, and closing deals on major development projects, including but not limited to large-scale commercial, residential, mixed-use, manufacturing, infrastructure, and attraction or entertainment projects;</text> </paragraph> <paragraph num="e."> <text>Assist major businesses and employers with talent and workforce needs by connecting them to State programs and non-government resources;</text> </paragraph> <paragraph num="f."> <text>Collaborate with the Chief Performance Officer to set performance metrics on the effectiveness of State financial incentive programs and other economic and workforce development programs; and</text> </paragraph> <paragraph num="g."> <text>Maintain a centralized database of resources available to businesses seeking to locate, expand, or remain in Maryland.</text> </paragraph> </paragraph> <paragraph num="3."> <text>The Office shall be led by a Director of Business Advancement who shall report to the Secretary of Commerce.</text> </paragraph> <paragraph num="4."> <text>Each executive branch department and agency shall designate a point of contact for the Office to resolve issues and concerns directed to the Office.</text> </paragraph> <paragraph num="5."> <text>The Director of Business Advancement shall produce a quarterly report to the Governor and the Secretary of Commerce beginning April 1, 2025 on activities conducted by the Office, as well as any recommendations to strengthen the work of the Office.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Maryland Coordinated Permitting Review Council.</text> <paragraph num="1."> <text>Establishment. No later than July 1, 2025, the Maryland Coordinated Permitting Review Council (“Council”) shall be established. The Council shall be housed under the Maryland Department of Planning.</text> </paragraph> <paragraph num="2."> <text>Purpose. The purpose of the Council is to facilitate interagency coordination and efficient processing of approvals required to advance priority infrastructure and place-based projects within the State to bolster transparency, ensure predictability, and foster interagency coordination to grow Maryland’s economy while safeguarding the health and safety of residents.</text> </paragraph> <paragraph num="3."> <text>Authority. To achieve this purpose, the Council shall:</text> <paragraph num="a."> <text>Establish eligibility criteria and application processes for projects that may be designated as covered projects.</text> </paragraph> <paragraph num="b."> <text>Coordinate interagency plan review and permitting of covered projects through a working group of permitting leads from each state agency represented on the Council. The activity of the permitting working group shall include:</text> <paragraph num="i."> <text>developing a coordinated project plan for each covered project;</text> </paragraph> <paragraph num="ii."> <text>developing timetables for completion of required plan reviews and responses, and permit approvals for Projects;</text> </paragraph> <paragraph num="iii."> <text>providing accountability and oversight of the execution of each coordinated project plan and timetable; and</text> </paragraph> <paragraph num="iv."> <text>when applicable, engaging federal and local government agencies that have jurisdiction over critical areas of review and permit approvals identified in the project plan for covered projects.</text> </paragraph> </paragraph> <paragraph num="c."> <text>Develop an online internal intake system and a public facing dashboard for tracking project plan reviews and permitting processes to improve efficiency, transparency, and accountability for the timely response and determination of plans and permits.</text> </paragraph> <paragraph num="d."> <text>Ensure that necessary processes are established to facilitate interagency information sharing, communication, and cooperation necessary for the working group to be successful.</text> </paragraph> </paragraph> <paragraph num="4."> <text>Membership. The Permitting Council shall be comprised of the deputy secretary or the equivalent of the following executive departments and state agencies:</text> <paragraph num="a."> <text>The Department of Agriculture;</text> </paragraph> <paragraph num="b."> <text>The Department of Commerce;</text> </paragraph> <paragraph num="c."> <text>The Department of the Environment;</text> </paragraph> <paragraph num="d."> <text>The Department of Housing and Community Development;</text> </paragraph> <paragraph num="e."> <text>The Department of Information Technology;</text> </paragraph> <paragraph num="f."> <text>The Department of Natural Resources;</text> </paragraph> <paragraph num="g."> <text>The Department of Planning;</text> </paragraph> <paragraph num="h."> <text>The State Highway Administration;</text> </paragraph> <paragraph num="i."> <text>The Maryland Economic Development Corporation;</text> </paragraph> <paragraph num="j."> <text>The Maryland Department of State Police Office of the State Fire Marshall;</text> </paragraph> <paragraph num="k."> <text>Maryland Energy Administration.</text> </paragraph> <paragraph num="l."> <text>The following members, appointed by the Governor:</text> <paragraph num="i."> <text>one representative of an urban county;</text> </paragraph> <paragraph num="ii."> <text>one representative of a rural county;</text> </paragraph> <paragraph num="iii."> <text>one representative of an urban municipality; and</text> </paragraph> <paragraph num="iv."> <text>one representative of a rural municipality.</text> </paragraph> </paragraph> <paragraph num="m."> <text>In addition to those named in this Order, the Council may engage members of the design, construction and development industry to deepen its understanding of the user permitting experience.</text> </paragraph> </paragraph> <paragraph num="5."> <text>The Secretary of Planning shall serve as Chair of the Council.</text> </paragraph> <paragraph num="6."> <text>Administrative Support for the Council.</text> <paragraph num="a."> <text>The Department of Planning shall provide administrative support for the Council that will include:</text> <paragraph num="i."> <text>coordination and management of Council meetings and communications;</text> </paragraph> <paragraph num="ii."> <text>facilitation of the permitting working groups to ensure project plans and timelines are being met, issues are identified and progress reports are made to the Council;</text> </paragraph> <paragraph num="iii."> <text>development and maintenance of an internal intake system and a public facing dashboard outlining projects, associated timetable, milestones, and progress; and</text> </paragraph> <paragraph num="iv."> <text>preparation of required reports on Council progress and findings to the Governor</text> </paragraph> </paragraph> </paragraph> <paragraph num="7."> <text>Pilot Initiative.</text> <paragraph num="a."> <text>The Council shall develop a set of criteria to be used in selection of an initial set of high impact projects to serve as proofs of concept.</text> </paragraph> <paragraph num="b."> <text>Selection criteria for initial projects shall include a representation of project scales based on cost and complexity, types, and geographic location and consider the stage of project design and development.</text> </paragraph> <paragraph num="c."> <text>The pilot project selection criteria will result in a manageable portfolio of projects that will be subject to the processes set by the Council by Section D.3 of this Executive Order.</text> </paragraph> </paragraph> <paragraph num="8."> <text>Reporting.</text> <paragraph num="a."> <text>The Council will provide regular updates of not less than quarterly to the Governor with a comprehensive report on preliminary findings and outcomes by July 1, 2026.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Government Loaned Executive Program.</text> <paragraph num="1."> <text>Establishment. There is a Government Loaned Executive Program (“Loaned Executive Program”) within the Department of Commerce. The Program aims to enhance collaborations between government and the private sector through temporary assignments of private sector executives to the Department of Commerce to cultivate a culture of innovation and excellence to more effectively execute the mission and goals of the Department.</text> </paragraph> <paragraph num="2."> <text>Purpose. The Loaned Executive Program shall:</text> <paragraph num="a."> <text>Leverage the expertise of private sector executives to support the Maryland Department of Commerce’s initiatives;</text> </paragraph> <paragraph num="b."> <text>Facilitate the temporary engagement of private sector executives in the Department to provide technical expertise, leadership, and strategic counsel on best practices and sector engagement; and</text> </paragraph> <paragraph num="c."> <text>Enhance the Department of Commerce’s capacity to execute high-impact projects and foster greater public-private collaboration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Devoting State Government Resources to Priority Industries and Sectors.</text> <paragraph num="1."> <text>Executive departments and agencies covered by the scope of this Executive Order shall, to the extent practicable, leverage existing State resources – including prioritization or preference through eligible financial incentive programs – to support the development and growth of the following priority industries and emerging sectors:</text> <paragraph num="a."> <text>Industries.</text> <paragraph num="i."> <text>Life Sciences;</text> </paragraph> <paragraph num="ii."> <text>Information Technology;</text> </paragraph> <paragraph num="iii."> <text>Aerospace; and</text> </paragraph> <paragraph num="iv."> <text>Defense.</text> </paragraph> </paragraph> </paragraph> <paragraph num="b."> <text>Emerging Sectors.</text> <paragraph num="i."> <text>Computational biology;</text> </paragraph> <paragraph num="ii."> <text>Quantum technology; and</text> </paragraph> <paragraph num="iii."> <text>Position, navigation, and timing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Coordinated Economic Development, Marketing, and Branding Efforts with Local Governments.</text> <paragraph num="1."> <text>The Department of Commerce shall develop strategies to establish formal economic development, marketing, and branding campaign plans with local governments to promote industries and sectors located in various geographic regions across the State.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Review of Business Tax Credit, Financial Assistance and Incentive Programs.</text> <paragraph num="1."> <text>Each executive department that administers business tax credit programs and other forms of financial assistance to businesses shall develop methodologies and operation plans to conduct return on investment analyses. These plans shall include:</text> <paragraph num="a."> <text>Logic models for each qualifying program;</text> </paragraph> <paragraph num="b."> <text>Standard methodologies of analysis for qualifying programs of similar purpose and intended outcome;</text> </paragraph> <paragraph num="c."> <text>A plan for neutral review of qualifying programs;</text> </paragraph> <paragraph num="d."> <text>Qualitative elements, if necessary and applicable, that indicate the value of qualifying programs should some values not be quantifiable;</text> </paragraph> <paragraph num="e."> <text>Methodologies to track both the short-term and long-term success of program beneficiaries, including qualifying program beneficiary surveys where necessary;</text> </paragraph> <paragraph num="f."> <text>Regional impact assessments when prudent and practicable;</text> </paragraph> <paragraph num="g."> <text>An established cadence for programmatic analysis for a period not exceeding 4 years, and, to the extent practicable, completed at least one year prior to the termination date of the program;</text> </paragraph> <paragraph num="h."> <text>Recommendations about whether the benefit mechanism is most effective to achieve program goals, particularly in assessing tax credits; and</text> </paragraph> <paragraph num="i."> <text>Recommendations about whether qualifying programs require any structural alterations to ensure that proper analysis can be conducted.</text> </paragraph> </paragraph> <paragraph num="2."> <text>By June 30, 2025, the Governor’s Economic Competitiveness Subcabinet shall review and approve executive department plans to conduct these analyses.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Site Readiness Program at the Maryland Economic Development Corporation.</text> <paragraph num="1."> <text>Establishment. The Maryland Business Ready Sites Program (“Site Readiness Program”) is established within the Maryland Economic Development Corporation.</text> </paragraph> <paragraph num="2."> <text>Purpose. The Site Readiness Program shall:</text> <paragraph num="a."> <text>Identify commercial and industrial sites that offer significant economic development value;</text> </paragraph> <paragraph num="b."> <text>Make investments that ready identified sites to accommodate impactful, sustainable, and equitable business expansion, investment, and attraction opportunities; and</text> </paragraph> <paragraph num="c."> <text>Market readied sites across the State and the country to establish Maryland as a prime place to invest, locate, and grow business.</text> </paragraph> </paragraph> </paragraph> <paragraph num="J."> <text>Evaluation and Review of Certain Business Licensing Programs.</text> <paragraph num="1."> <text>No later than June 30, 2025, the Maryland State Department of Assessments and Taxation (“SDAT”) shall submit a report to the Governor detailing the processes and recommendations for operational efficiency and improvements related to Charter Business Services administered by SDAT.</text> <paragraph num="a."> <text>SDAT shall include in its report recommendations on reducing processing wait times, potential opportunities for automation, and a portal providing applicants visibility into the status of their charter business service applications.</text> </paragraph> <paragraph num="b."> <text>SDAT shall review other states’ internal processes to identify potential best practices that can be replicated in Maryland.</text> </paragraph> </paragraph> <paragraph num="2."> <text>No later than June 30, 2025, the Maryland Department of Transportation (“MDOT”) – in consultation with the Governor’s Office of Small, Minority, and Women Business Affairs and the Office of State Procurement at the Department of General Services – shall submit a report to the Governor detailing the processes and recommendations for operational efficiency and improvements related to the certification and recertification processes for the Minority Business Enterprise Program.</text> <paragraph num="a."> <text>MDOT shall include in its report recommendations on reducing processing wait times, potential opportunities for automation, and a portal providing applicants visibility into the status of their MBE certification and recertification applications.</text> </paragraph> <paragraph num="b."> <text>MDOT shall review other states’ internal processes to identify potential best practices for socioeconomic procurement program certifications and recertifications that can be replicated in Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="K."> <text>General Provisions.</text> <paragraph num="1."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="2."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: December 19, 2024.</annotation> </annotations> </regulation> </chapter> <chapter num="2025" heading=""> <regulation prefix="Executive Order" num=".04" heading="Governor’s Office of Community Initiatives"> <text>(Rescinds Executive Orders 01.01.2004.57, 01.01.2007.18, 01.01.2007.19, 01.01.2007.21, 01.01.2007.22, 01.01.2007.25, 01.01.2009.07, 01.01.2012.11, and 01.01.2012.17)</text> <paragraph num="I."> <text>Governor’s Office of Community Initiatives</text> <paragraph num="A."> <text>The Governor’s Office of Community Initiatives (“GOCI”) shall include the following units, created by Executive Order: the Governor’s Commission on African Affairs, the Governor’s Commission on Asian and Pacific American Affairs, the Governor’s Commission on Caribbean Affairs, the Governor’s Commission on Hispanic and Latin American Community Affairs, the Governor’s Commission on Middle Eastern American Affairs, and the Governor’s Commission on South Asian American Affairs (together, the “Ethnic Commissions”), and any other commission designated by the Governor as a unit of GOCI.</text> </paragraph> <paragraph num="B."> <text>GOCI also houses the legislatively created Commission on Indian Affairs, Commission on LGBTQIA+ Affairs, and Governor’s Office of Immigrant Affairs.</text> </paragraph> <paragraph num="C."> <text>Executive Director. GOCI shall be managed by an Executive Director, who serves at the pleasure of the Governor. The Executive Director shall:</text> <paragraph num="1."> <text>Supervise, direct, manage, and coordinate the Ethnic Commissions designated in Section 1.A of this Order;</text> </paragraph> <paragraph num="2."> <text>Provide administrative supervision and support to the legislatively created units designated in Section 1.B of this Order;</text> </paragraph> <paragraph num="3."> <text>Direct community initiatives across State government and coordinate with federal and local governments, private sector entities, academia, and community organizations to strengthen community engagement; and</text> </paragraph> <paragraph num="4."> <text>Represent the Governor on boards, forums, and councils as appropriate.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Staffing.</text> <paragraph num="1."> <text>GOCI shall be composed of staff appointed by the Executive Director, with the approval of the Governor.</text> </paragraph> <paragraph num="2."> <text>GOCI staff serve at the pleasure of the Executive Director, subject to the concurrence of the Governor.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Duties. GOCI shall be responsible for the following activities:</text> <paragraph num="1."> <text>Conducting a review of State programs in cooperation with appropriate State departments and agencies to identify legislative and regulatory barriers that impede the effectiveness of community organizations to deliver results-based social services;</text> </paragraph> <paragraph num="2."> <text>Advising the Governor on policies and measures to enhance and improve the delivery of services to ethnic, immigrant, and faith-based communities;</text> </paragraph> <paragraph num="3."> <text>Conducting public outreach on behalf of the Governor to encourage greater involvement and participation by community organizations and constituent groups;</text> </paragraph> <paragraph num="4."> <text>Reviewing State and federal legislation to assist in the identification of funding opportunities for community organizations to implement initiatives that benefit the State of Maryland; and</text> </paragraph> <paragraph num="5."> <text>Serving as principal liaison to the faith-based community and associated organizations.</text> </paragraph> </paragraph> <paragraph num="F."> <text>All State departments, agencies, commissions, and boards are directed to cooperate with GOCI in implementing the provisions of this Executive Order.</text> </paragraph> <paragraph num="G."> <text>Reports. By December 31 of each year, GOCI shall submit an annual report to the Governor on its activities.</text> </paragraph> </paragraph> <paragraph num="II."> <text>Ethnic Commissions</text> <paragraph num="A."> <text>There are the following Ethnic Commissions within GOCI:</text> <paragraph num="1."> <text>The Governor’s Commission on African Affairs;</text> </paragraph> <paragraph num="2."> <text>The Governor’s Commission on Asian and Pacific American Affairs;</text> </paragraph> <paragraph num="3."> <text>The Governor’s Commission on Caribbean Affairs;</text> </paragraph> <paragraph num="4."> <text>The Governor’s Commission on Hispanic and Latin American Community Affairs;</text> </paragraph> <paragraph num="5."> <text>The Governor’s Commission on Middle Eastern American Affairs; and</text> </paragraph> <paragraph num="6."> <text>The Governor’s Commission on South Asian American Affairs.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="1."> <text>Each Ethnic Commission shall consist of fifteen (15) voting members appointed by the Governor.</text> </paragraph> <paragraph num="2."> <text>The Commission members shall:</text> <paragraph num="a)"> <text>Reflect the diverse ancestry and national origins of the respective communities of Maryland; and</text> </paragraph> <paragraph num="b)"> <text>Provide representation from different geographic regions in the State.</text> </paragraph> </paragraph> <paragraph num="3."> <text>Members shall serve at the pleasure of the Governor consecutive four-year terms.</text> </paragraph> <paragraph num="4."> <text>If a member is appointed to a vacant seat with less than two years remaining in a term, such service does not count as a full term. Such a member is eligible to serve two additional four-year terms.</text> </paragraph> <paragraph num="5."> <text>A Commission member holds a seat until a successor is appointed.</text> </paragraph> <paragraph num="6."> <text>The Governor shall designate a Chairperson and Vice Chairperson from among the members of the Commission. The Chairperson and Vice Chairperson shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="7."> <text>In the event of a vacancy on a Commission, the Governor shall appoint a successor.</text> </paragraph> <paragraph num="8."> <text>Commission members are subject to the direction of the Executive Director and serve at the pleasure of the Governor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Eligibility and Appointment.</text> <paragraph num="1."> <text>Members of the Ethnic Commissions shall demonstrate an affinity to the diasporic community that the commission represents. A Commission member may demonstrate affinity by being:</text> <paragraph num="a)"> <text>An immigrant of a diasporic community;</text> </paragraph> <paragraph num="b)"> <text>A descendant of a diasporic community;</text> </paragraph> <paragraph num="c)"> <text>A proven advocate for the interests of a diasporic community;</text> </paragraph> <paragraph num="d)"> <text>A scholar or educator of the history of a diasporic community;</text> </paragraph> <paragraph num="e)"> <text>An expert on issues important to a diaspora community; or</text> </paragraph> <paragraph num="f)"> <text>A former resident of a diasporic community.</text> </paragraph> </paragraph> <paragraph num="2."> <text>In making appointments to the Ethnic Commissions, the Governor shall consider the demographic and geographic diversity of the State.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Procedures. The following procedures govern the Ethnic Commissions:</text> <paragraph num="1."> <text>The Commissions are public bodies subject to the Open Meetings Act.</text> </paragraph> <paragraph num="2."> <text>The Commissions shall meet at the call of the Chairperson, in coordination with GOCI, at least six times each year. Sufficient notice of meetings shall be published to encourage public attendance.</text> </paragraph> <paragraph num="3."> <text>The Commissions shall hold at least one administrative planning session each year for onboarding and scheduling purposes.</text> </paragraph> <paragraph num="4."> <text>A majority of the Commission members then serving shall constitute a quorum for the transaction of any business.</text> </paragraph> <paragraph num="5."> <text>The Commissions may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="6."> <text>The Commissions may create committees or subcommittees subject to the approval of the Executive Director.</text> </paragraph> <paragraph num="7."> <text>By June 30th of each year, the Commissions shall submit an annual report to the Governor detailing the activities in the preceding calendar year, along with any appropriate recommendations.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Expenses. Ethnic Commission members may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.</text> </paragraph> <paragraph num="F."> <text>Operational Support. GOCI shall provide publication, operational, and other support as needed to the Ethnic Commissions.</text> </paragraph> <paragraph num="G."> <text>Duties. The Ethnic Commissions shall have the following duties and responsibilities:</text> <paragraph num="1."> <text>Serve as an advisory body to the Governor and agencies within the Executive Department on matters relating to the Commission’s diasporic community within Maryland, including matters relating to economic, workforce, and business development domestically and abroad;</text> </paragraph> <paragraph num="2."> <text>Identify needs or problems affecting the Commission’s diasporic community, and make recommendations to the Governor on appropriate responses and programs;</text> </paragraph> <paragraph num="3."> <text>Conduct outreach to the Commission’s diasporic community groups within the State, and communicate information to them concerning public and private programs that are beneficial to their interests;</text> </paragraph> <paragraph num="4."> <text>Review and provide recommendations to the Governor on any proposed federal, State, or local legislation, regulations, policies, or programs that affect the Commission’s diasporic community of Maryland;</text> </paragraph> <paragraph num="5."> <text>Make recommendations to the Governor on matters affecting the health, safety, and welfare of the Commission’s diasporic community of Maryland; and</text> </paragraph> <paragraph num="6."> <text>Perform any other duties that may be requested by the Governor or the Executive Director.</text> </paragraph> </paragraph> <paragraph num="H."> <text>The diasporic communities of the Ethnic Commissions are as follows:</text> <paragraph num="1."> <text>Governor’s Commission on African Affairs: The diasporic countries of the Governor’s Commission on African Affairs include, but are not limited to: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cabo Verde, Central African Republic, Chad, Comoros, Cote d’Ivoire, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Tanzania, Togo, Tunisia, Uganda, Western Sahara, Zambia, Zimbabwe.</text> </paragraph> <paragraph num="2."> <text>Governor’s Commission on Asian and Pacific American Affairs: The diasporic countries, territories, and states of the Governor’s Commission on Asian and Pacific American Affairs include, but are not limited to: Brunei, Cambodia, China, Cook Islands, East Timor, Federated States of Micronesia, Fiji, Guam, Hawaii, Hong Kong, Indonesia, Japan, Kazakhstan, Kiribati, Kyrgyzstan, Laos, Lord Howe Island, Macau, Malaysia, Melanesia, Micronesia, Mongolia, Myanmar, Norfolk Island, North Korea, Oceanic islands of the Eastern Pacific, Palau, Papua New Guinea, Philippines, Polynesia, Republic of Marshall Islands, Samoa, Singapore, Solomon Islands, South Korea, Taiwan, Tajikistan, Thailand, the Revillagigedo Islands, Tonga, Turkmenistan, Tuvalu, Uzbekistan, Vanuatu, Vietnam.</text> </paragraph> <paragraph num="3."> <text>Governor’s Commission on Caribbean Affairs: The diasporic countries of the Governor’s Commission on Caribbean Affairs include, but are not limited to: Anguilla, Antigua and Barbuda, Aruba, the Bahamas, Barbados, Belize, Bermuda, the British Virgin Islands, Cayman Islands, Cuba, Dominica, Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Martinique, Montserrat, Netherlands Antilles, Puerto Rico, St. Barths, St. Kitts and Nevis, St. Lucia, St. Martin, St. Vincent, Trinidad and Tobago, Turks and Caicos.</text> </paragraph> <paragraph num="4."> <text>Governor’s Commission on Hispanic and Latin American Community Affairs: The diasporic countries of the Governor’s Commission on Hispanic and Latin American Affairs include, but are not limited to: Argentina, Bolivia, Brazil, Argentina, Bolivia, Chile, Columbia, Costa Rica, Ecuador, El Salvador, Equatorial Guinea, French Guyana, Guatemala, Guyana, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Spain, Uruguay, Venezuela.</text> </paragraph> <paragraph num="5."> <text>Governor’s Commission on Middle Eastern American Affairs: The diasporic countries of the Governor’s Commission on Middle Eastern American Affairs include, but are not limited to: Bahrain, Cyprus, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Palestine, Qatar, Saudi Arabia, Syria, Turkey, United Arab Emirates, Yemen.</text> </paragraph> <paragraph num="6."> <text>Governor’s Commission on South Asian Affairs: The diasporic countries of the Governor’s Commission on South Asian Affairs include, but are not limited to: Afghanistan, Bangladesh, Bhutan, India, Maldives, Myanmar, Nepal, Pakistan, Sri Lanka.</text> </paragraph> </paragraph> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: January 7, 2025.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".06" heading="Statewide Digital Infrastructure Group"> <paragraph num="I."> <text>Establishment.</text> <paragraph num="A."> <text>There is a Digital Infrastructure Group (“DIG”) in the Department of Information Technology (“DoIT” or the “Department”) whose purpose is to coordinate the efficient deployment of wired and wireless communications and digital information technology infrastructure among the various State, County and local partners.</text> </paragraph> <paragraph num="B."> <text>The Chair of the DIG shall be designated by the Secretary of DoIT (“Secretary”) and shall serve at the pleasure of the Secretary.</text> </paragraph> </paragraph> <paragraph num="II."> <text>Responsibilities.</text> <paragraph num="A."> <text>The DIG shall:</text> <paragraph num="1."> <text>Develop, promote, and facilitate a Statewide vision for wired and wireless communications and digital information technology infrastructure;</text> </paragraph> <paragraph num="2."> <text>Promote collaboration among State, County and local agencies for the management and deployment of wired and wireless communications and digital information technology infrastructure;</text> </paragraph> <paragraph num="3."> <text>Communicate current and future wired and wireless communications and broadband infrastructure plans to relevant stakeholders;</text> </paragraph> <paragraph num="4."> <text>Develop recommendations for long-range plans for wired and wireless communications and broadband infrastructure consistent with State goals, objectives, and DoIT’s Statewide Information Technology Master Plan;</text> </paragraph> <paragraph num="5."> <text>Develop recommendations for policy, regulations, or legislation to facilitate strengthening Maryland’s wired and wireless communications, broadband, and information technology infrastructure;</text> </paragraph> <paragraph num="6."> <text>Advise on the planning, funding, and development of Statewide wired and wireless communications, broadband, and information technology infrastructure projects proposed by units of State government;</text> </paragraph> <paragraph num="7."> <text>Identify opportunities for productive partnerships and the use of new technologies, including public-private partnerships, that enable the sharing of resources and further the goal of expanding and strengthening Maryland’s wired and wireless communications, broadband, and information technology infrastructure; and</text> </paragraph> <paragraph num="8."> <text>Ensure best management practices are employed for the use of State resources, assets, licenses, and funding and that these uses are consistent with State goals and objectives as well as DoIT’s Statewide Information Technology Master Plan.</text> </paragraph> </paragraph> </paragraph> <paragraph num="III."> <text>Composition.</text> <paragraph num="A."> <text>The DIG shall be composed of senior State officials from DoIT, designated by the Secretary, and senior staff members from the following agencies or units of State Government, designated by the respective agency or unit head:</text> <paragraph num="1."> <text>The Maryland State Police (MSP);</text> </paragraph> <paragraph num="2."> <text>The Maryland Department of Transportation and its Transportation Business Units (MDOT & TBU’s);</text> </paragraph> <paragraph num="3."> <text>The Maryland Institute for Emergency Medical Services Systems (MIEMSS);</text> </paragraph> <paragraph num="4."> <text>The Department of Natural Resources (DNR);</text> </paragraph> <paragraph num="5."> <text>The Governor’s Office of Homeland Security;</text> </paragraph> <paragraph num="6."> <text>The Department of Housing and Community Development (DHCD);</text> </paragraph> <paragraph num="7."> <text>The Maryland Public Broadcasting Commission (MPT);</text> </paragraph> <paragraph num="8."> <text>The Department of General Services (DGS);</text> </paragraph> <paragraph num="9."> <text>The Maryland Department of Emergency Management (MDEM);</text> </paragraph> <paragraph num="10."> <text>The Department of Budget and Management (DBM);</text> </paragraph> <paragraph num="11."> <text>The Office of the Statewide Interoperability Coordinator (SWIC); and</text> </paragraph> <paragraph num="12."> <text>The Statewide Interoperability Executive Committee (SIEC).</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Secretary may appoint additional members from units of State and local governmental entities as necessary.</text> </paragraph> <paragraph num="C."> <text>The Secretary may establish one or more working groups and or subcommittees as necessary in support of the DIG.</text> </paragraph> </paragraph> <paragraph num="IV."> <text>Contributions, Goals, and Objectives.</text> <paragraph num="A."> <text>In consultation with the DIG, DoIT shall create a “Single View” of State-owned wired and wireless communications, broadband, and information technology infrastructure inventory inclusive of all inground, aerial and vertical assets. The “Single View” will include, at a minimum, each Executive Branch agency's qualifying assets and all approved Resource Sharing Agreement installations. The “Single View” shall be used for long-range planning, joint build projects, promoting Resource Share Agreement (RSA) opportunities and in support of broadband and digital infrastructure expansion.</text> </paragraph> <paragraph num="B."> <text>DIG members shall share wired and wireless communications, broadband, and information technology infrastructure data with the Department to be included in the “Single View” that shall facilitate the consideration of how and where future wired and wireless infrastructure is deployed in the State.</text> </paragraph> <paragraph num="C."> <text>In consultation with DIG, DoIT shall aggregate the various information technology policy-related advice generated by the various Executive Branch agencies, Statewide Interoperability Executive Committee, Statewide Interoperability Coordinator, and State Radio Control Board in order to provide recommendations and advice to the Secretary.</text> </paragraph> <paragraph num="D."> <text>DIG members shall seek opportunities to strategically plan and design a shared infrastructure model that effectively manages public real property information technology corridors and efficiently uses monetary resources to generate cost savings.</text> </paragraph> <paragraph num="E."> <text>Ensure DIG priorities are considered when evaluating RSA opportunities.</text> </paragraph> <paragraph num="F."> <text>Improve broadband access and digital equity across the State.</text> </paragraph> <paragraph num="G."> <text>Address last-mile connectivity, particularly in rural areas.</text> </paragraph> <paragraph num="H."> <text>Provide strategies to achieve the availability of increased connectivity speeds to every Community Anchor Institution (CAI).</text> </paragraph> <paragraph num="I."> <text>Collaborate on how best to employ available funding, to include State and Federal Grants, to achieve the maximum coverage in the most effective manner.</text> </paragraph> </paragraph> <paragraph num="V."> <text>Frequency.</text> <paragraph num="A."> <text>The Secretary shall determine how often DIG shall meet and may coordinate additional meetings dependent on workload.</text> </paragraph> <paragraph num="B."> <text>The Secretary shall determine how often each working group or subcommittee established under this Executive Order shall meet.</text> </paragraph> </paragraph> <paragraph num="VI."> <text>Each Executive Branch agency and unit of State government is hereby required, to the extent not inconsistent with law, to cooperate fully with DIG and to furnish such assistance, including data, reports, or other information as necessary to accomplish the purpose of this Executive Order.</text> </paragraph> <paragraph num="VII."> <text>Nothing contained in this Executive Order shall be construed to impair or otherwise affect the authority granted by law to an Executive Branch agency or unit of State government.</text> </paragraph> <paragraph num="VIII."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="IX."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective: January 7, 2025</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".08" heading="Governor’s Office of Performance Improvement"> <text>(Rescinds Executive Order 01.01.2015.26)</text> <paragraph num="A."> <text>Governor’s Office of Performance Improvement. The Governor’s Office of Performance Improvement (“GOPI”) shall be responsible for improving the performance of Maryland State agencies through greater accountability, coordination, and capacity building.</text> <paragraph num="(1)"> <text>GOPI shall be managed by the Chief Performance Officer, who shall direct the operations of GOPI. The Chief Performance Officer shall be appointed by and serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="(2)"> <text>GOPI shall be comprised of staff appointed by the Governor.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Duties. GOPI shall:</text> <paragraph num="(1)"> <text>Develop the State Comprehensive Plan (“State Plan”), as defined in §3-1001 of the State Finance & Procurement Article of the Annotated Code of Maryland, at the outset of a new gubernatorial administration, which shall:</text> <paragraph num="a)"> <text>Include a statement of goals which serve as broad directives for improving or making more cost-effective State resources and services; and</text> </paragraph> <paragraph num="b)"> <text>Align State programs and services with the Governor’s priorities.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Direct State agencies to develop objectives, strategies, key milestones, and/or performance measures to track the State Plan implementation.</text> </paragraph> <paragraph num="(3)"> <text>Develop and implement common sense government modernization initiatives as well as improve State operations and service delivery in order to:</text> <paragraph num="a)"> <text>Ensure strategic resource management.</text> </paragraph> <paragraph num="b)"> <text>Maintain fiscal sustainability.</text> </paragraph> <paragraph num="c)"> <text>Promote cost optimization strategies to ensure receipt of the highest value for state expenditures; and</text> </paragraph> <paragraph num="d)"> <text>Elimination duplication and fragmentation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Hold State agencies accountable for delivering results, and maintain a data-driven approach to performance improvement and decision-making by:</text> <paragraph num="a)"> <text>Tracking progress on the State Plan and government-modernization initiatives;</text> </paragraph> <paragraph num="b)"> <text>Holding regular data-driven reviews with the Governor; Lieutenant Governor; and/or agency leaders;</text> </paragraph> <paragraph num="c)"> <text>Identifying areas for improvement and/or key actions;</text> </paragraph> <paragraph num="d)"> <text>Building agency capacity to support a data-driven, action-oriented culture within State government; and</text> </paragraph> <paragraph num="e)"> <text>Leveraging social science and evidence of best practices to ensure results for Marylanders.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Establish a Performance Improvement Council (“PIC”) composed of State agency representatives to provide a forum for the exchange of ideas to enable continuous improvement in the delivery of government services, accountability, and cross-agency collaboration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures</text> <paragraph num="(1)"> <text>Each State agency and department of the Executive Branch shall appoint a performance lead to drive performance improvement at their agency, and who shall be primarily responsible for:</text> <paragraph num="a)"> <text>Providing access to the data requested by GOPI to determine progress being made by the agency;</text> </paragraph> <paragraph num="b)"> <text>Collaborating with GOPI to analyze the collected data; and</text> </paragraph> <paragraph num="c)"> <text>Following-up on areas of improvement identified by GOPI.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>On a regular basis, each Secretary or agency head, or their designee, shall meet with GOPI.</text> </paragraph> <paragraph num="(3)"> <text>The State agencies and departments of the Executive Branch shall build a data-driven, action-oriented culture that is accountable for delivering results.</text> </paragraph> </paragraph> <paragraph num="D."> <text>All State agencies, departments, and boards and commissions within the Executive Branch are authorized and directed to cooperate with GOPI in implementing the provisions of this Executive Order.</text> </paragraph> <paragraph num="E."> <text>This Executive Order shall not be construed to alter existing authorities of any Executive agency or department, except that all Executive agencies and departments are directed to assist the GOPI in carrying out the purposes of this Executive Order.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective: January 10, 2025</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".10" heading="ENSURING SUCCESS WITH ADVANCED CLEAN CARS II"> <paragraph num="A."> <text>The Maryland Department of the Environment shall work with OEMs to ease the burdens created by the current federal Administration on ACC II and ACT compliance, including by, but not limited to, the following:</text> <paragraph num="(1)"> <text>Maximizing the Department's use of enforcement discretion as necessary and appropriate to ease compliance with ACC II and ACT standards, including:</text> <paragraph num="(a)"> <text>For the ACT standards, declining to pursue penalties associated with any ZEV delivery or sales shortfalls for Model Year 2027, and declining to pursue penalties for shortfalls in Model Year 2028 unless the Department publishes the Needs Assessment and Deployment Plan required by the Clean Trucks Act of 2023 by December 1, 2025;</text> </paragraph> <paragraph num="(b)"> <text>For the ACC II standards, declining to pursue penalties associated with any ZEV delivery shortfalls for Model Year 2027 and Model Year 2028 unless the Department is carrying out voluntary agreements with OEMs collectively representing at least 40% of the State's market share for passenger car and light truck vehicles subject to ACC II; and</text> </paragraph> <paragraph num="(c)"> <text>Discretion to decline the application of enforcement provisions under ACT and ACC II associated with any ZEV delivery shortfalls for Model Year 2027 and Model year 2028;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Making any regulatory changes permitted by the Clean Air Act to ease any compliance burdens caused by changes in federal policy; and</text> </paragraph> <paragraph num="(3)"> <text>Continuing to work with CARB and other states that adopted CARB regulations under Section 177 to counter the harmful impacts of the current federal administration's policies.</text> </paragraph> </paragraph> <paragraph num="B."> <text>There is hereby established a Maryland ACC II and ACT Working Group (“Working Group”).</text> </paragraph> <paragraph num="C."> <text>The Working Group shall develop recommendations for how the ACC II and ACT programs can be successfully implemented in Maryland.</text> </paragraph> <paragraph num="D."> <text>The Working Group shall consist of no more than 15 members including:</text> <paragraph num="(1)"> <text>The Secretary of the Environment, or the Secretary's designee;</text> </paragraph> <paragraph num="(2)"> <text>The Secretary of Transportation, or the Secretary's designee;</text> </paragraph> <paragraph num="(3)"> <text>The Chief Sustainability Officer;</text> </paragraph> <paragraph num="(4)"> <text>One member of the Senate of Maryland, appointed by the President of the Senate;</text> </paragraph> <paragraph num="(5)"> <text>One member of the House of Delegates, appointed by the Speaker of the House;</text> </paragraph> <paragraph num="(6)"> <text>One representative from OEMs, appointed by the Governor;</text> </paragraph> <paragraph num="(7)"> <text>One representative from the Maryland Automobile Dealers Association, appointed by the Governor;</text> </paragraph> <paragraph num="(8)"> <text>One representative from the Maryland Truck Association, appointed by the Governor;</text> </paragraph> <paragraph num="(9)"> <text>Three representatives from Maryland environmental organizations, appointed by the Governor; and</text> </paragraph> <paragraph num="(10)"> <text>Additional members appointed at the discretion of the Governor.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Governor, or the Governor's designee, shall Chair the Working Group.</text> </paragraph> <paragraph num="F."> <paragraph num="(1)"> <text>The Working Group shall meet as often as its duties require, but no less than monthly.</text> </paragraph> <paragraph num="(2)"> <text>The Chair may convene meetings of the Working Group and shall preside over the meetings.</text> </paragraph> <paragraph num="(3)"> <text>The Working Group may establish ad hoc committees that meet in between the Working Group's official monthly meetings.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The Working Group shall submit a final report detailing its findings and recommendations to the Governor and General Assembly by December 31, 2025.</text> </paragraph> <paragraph num="H."> <paragraph num="(1)"> <text>The Department of the Environment shall provide staff for the Working Group.</text> </paragraph> <paragraph num="(2)"> <text>Members of the Working Group may not receive any compensation for their services, but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.</text> </paragraph> </paragraph> <paragraph num="I."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <annotations> <annotation>Effective Date: April 4, 2025</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".11" heading="Advancing In-Custody Restraint-Related Death Investigations in Maryland"> <paragraph num="A."> <text>The following words have the meanings indicated:</text> <paragraph num="1."> <text>“Audit” means the independent audit of in-custody restraint-related death investigations that occurred between 2003-2019 at the OCME.</text> </paragraph> <paragraph num="2."> <text>“Audit Report” means “An Independent Audit of Restraint-Related Death Investigations at Maryland’s Office of the Chief Medical Examiner (OCME) from 2003-2019,” published by the Office of the Attorney General’s Audit Design Team.</text> </paragraph> <paragraph num="3."> <text>“In-Custody Restraint-Related Death” means sudden unexpected death during or shortly after physical restraint by law enforcement or other individuals including security guards, civilians, fire/EMS personnel, or corrections officers.</text> </paragraph> </paragraph> <paragraph num="B."> <paragraph num="1."> <text>In consultation with the appropriate local State’s Attorney’s Office, the Maryland Attorney General is directed to review each case included within the Audit to determine if the case should be reopened for investigation. On or before December 31st of each calendar year, the Attorney General shall prepare an annual report on the status of the review of Audit cases until each case has been reviewed.</text> </paragraph> <paragraph num="2."> <text>Upon request, the Maryland State Police may assist the Attorney General in conducting any resulting investigations.</text> </paragraph> <paragraph num="3."> <text>Nothing in this Executive Order shall be interpreted to preclude local State’s Attorneys’ Offices from reopening and initiating their own investigations into any case included within the Audit.</text> </paragraph> </paragraph> <text>Maryland Task Force on In-Custody Restraint-Related Death Investigations</text> <paragraph num="C."> <text>There is hereby established a Maryland Task Force on In-Custody Restraint-Related Death Investigations (“Task Force”).</text> </paragraph> <paragraph num="D."> <text>The Task Force shall consist of the following members:</text> <paragraph num="1."> <text>The Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee, who shall serve as Chair;</text> </paragraph> <paragraph num="2."> <text>Two (2) members appointed by the Attorney General;</text> </paragraph> <paragraph num="3."> <text>One (1) member of the House of Delegates, appointed by the Speaker of the House;</text> </paragraph> <paragraph num="4."> <text>One (1) member of the Senate of Maryland, appointed by the President of the Senate;</text> </paragraph> <paragraph num="5."> <text>The Public Defender, or the Public Defender’s designee;</text> </paragraph> <paragraph num="6."> <text>The Secretary of Health, or the Secretary’s designee;</text> </paragraph> <paragraph num="7."> <text>The Chief Medical Examiner, or the Chief’s designee;</text> </paragraph> <paragraph num="8."> <text>The Superintendent of the State Police, or the Superintendent’s designee;</text> </paragraph> <paragraph num="9."> <text>The Secretary of Public Safety and Correctional Services, or the Secretary’s designee;</text> </paragraph> <paragraph num="10."> <text>One (1) member of the Maryland Judiciary, appointed by the Chief Justice of the Supreme Court of Maryland; and</text> </paragraph> <paragraph num="11."> <text>The following members appointed by the Governor:</text> <paragraph num="i."> <text>Two (2) members from the Maryland State’s Attorneys’ Association;</text> </paragraph> <paragraph num="ii."> <text>One (1) member from the Maryland Chiefs of Police Association or Maryland Sheriffs’ Association;</text> </paragraph> <paragraph num="iii."> <text>One (1) member from a local law enforcement agency with expertise in policing standards, restraint, and use of force;</text> </paragraph> <paragraph num="iv."> <text>One (1) member with expertise in mental health and crisis intervention;</text> </paragraph> <paragraph num="v."> <text>One (1) member from a community organization that works primarily to improve circumstances and outcomes for crime victims and families of decedents;</text> </paragraph> <paragraph num="vi."> <text>Two (2) members with expertise in forensic pathology and/or medicolegal death investigations, with at least one member having trained as a medical examiner; and</text> </paragraph> <paragraph num="vii."> <text>Two (2) members from the Governor’s Executive Office.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>The Task Force, led by the Governor’s Office of Crime Prevention and Policy, shall:</text> <paragraph num="1."> <text>Identify ways to improve in-custody restraint-related death investigations in the State;</text> </paragraph> <paragraph num="2."> <text>Make recommendations on the establishment of a multidisciplinary statewide oversight committee to review future manner-of-death determinations for all in-custody restraint-related deaths within the State;</text> </paragraph> <paragraph num="3."> <text>Based on the re-evaluation of each case included in the Audit, consider ways to reduce the risk of in-custody restraint-related deaths;</text> </paragraph> <paragraph num="4."> <text>In consultation with the Maryland Police Training and Standards Commission, evaluate the current standards for law enforcement agencies to document and investigate in-custody restraint-related deaths, and if necessary, make recommendations to improve Maryland’s training policies and ensure that they meet or exceed national standards;</text> </paragraph> <paragraph num="5."> <text>Explore the intersection of police encounters, mental health and substance abuse, and in-custody restraint-related deaths and identify opportunities to promote greater collaboration between law enforcement and other agencies with specific expertise, such as mental health and substance abuse professionals; and</text> </paragraph> <paragraph num="6."> <text>Evaluate the need and feasibility of conducting a subsequent audit and commencing such an audit, if necessary.</text> </paragraph> </paragraph> <paragraph num="F."> <paragraph num="1."> <text>The Task Force shall be staffed by the Governor’s Office of Crime Prevention and Policy.</text> </paragraph> <paragraph num="2."> <text>Members appointed by the Governor shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="3."> <text>Members of the Task Force may not receive any compensation for their services, but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.</text> </paragraph> </paragraph> <paragraph num="G."> <paragraph num="1."> <text>The Chair shall:</text> <paragraph num="i."> <text>Oversee and lead the work of the Task Force;</text> </paragraph> <paragraph num="ii."> <text>Determine the Task Force's agenda; and</text> </paragraph> <paragraph num="iii."> <text>Identify additional support as needed.</text> </paragraph> </paragraph> <paragraph num="2."> <text>A majority of the members present shall constitute a quorum for the transaction of any business of the Task Force.</text> </paragraph> </paragraph> <paragraph num="H."> <paragraph num="1."> <text>The Task Force shall meet as often as its duties require, but no less than quarterly.</text> </paragraph> <paragraph num="2."> <text>The Chair may convene meetings of the Task Force and shall preside over the meetings.</text> </paragraph> <paragraph num="3."> <text>The Task Force may establish ad hoc committees or working groups that meet in between the Task Force’s official quarterly meetings.</text> </paragraph> </paragraph> <paragraph num="I."> <text>The Task Force shall submit a report to the Governor on or before December 31, 2026.</text> </paragraph> <paragraph num="J."> <text>The Task Force shall terminate on December 31, 2027, unless extended by the Governor.</text> </paragraph> <text>Office of the Chief Medical Examiner</text> <paragraph num="K."> <text>The Maryland Department of Health (“Department”) shall review the OCME’s current policies and procedures for conducting in-custody restraint-related death investigations and clearly identify any changes that have taken place since 2019.</text> </paragraph> <paragraph num="L."> <text>The Department shall review the practice and policy recommendations provided in the Audit Report and conduct a need-based analysis for implementing the recommendations related to the OCME.</text> </paragraph> <paragraph num="M."> <text>The Department shall work with OCME to improve how in-custody restraint-related deaths are investigated including:</text> <paragraph num="1."> <text>Facilitating additional training for medical examiners; and</text> </paragraph> <paragraph num="2."> <text>Ensuring the Office implements and follows the National Association of Medical Examiner’s recommendations for in-custody restraint-related deaths.</text> </paragraph> </paragraph> <paragraph num="N."> <text>The Department, in conjunction with OCME, shall submit a report to the Governor by December 31, 2026, detailing its progress in carrying out the duties outlined in Sections K through M of this Executive Order.</text> </paragraph> <paragraph num="O."> <paragraph num="1."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="2."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> <annotations> <annotation>Effective Date: May 15, 2025.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".16" heading="State Employees Voluntary Separation Program"> <paragraph num="A."> <text>Except as provided in Paragraph J, this Executive Order applies to all employees in the Executive Branch of the State of Maryland, including employees of agencies with independent salary setting authority or independent personnel systems.</text> </paragraph> <paragraph num="B."> <text>The Secretary of Budget and Management (Secretary) shall establish a Voluntary Separation Program (Program) that provides eligible State employees with a monetary payment of $20,000 plus $300 for each year of service as an incentive for employees to voluntarily separate from State service. The Program shall also include other severance benefits established by the Secretary including continuation, for those who are already enrolled, of State subsidized medical, prescription and dental benefits coverage, as well as life insurance coverage, for six months and payment for leave accrual in accordance with applicable law.</text> </paragraph> <paragraph num="C."> <text>The Secretary shall establish criteria for employee participation in the Program and shall provide all eligible employees with sufficient information about the program to allow them to make fully informed decisions.</text> </paragraph> <paragraph num="D."> <text>The Program shall be completely voluntary, and no employee shall be in any way compelled, coerced, or pressured, directly or indirectly, to participate.</text> </paragraph> <paragraph num="E."> <text>Interested employees may apply to participate in the Program by filing an application with the Secretary. The agency employing an applicant shall advise the Secretary if the employee is in a position that should not be abolished. After the recommendations of employing agencies are considered, the applicants shall be notified if their application is approved or denied.</text> </paragraph> <paragraph num="F."> <text>The filing of an application shall not create a right to participate in the Program. Only employees whose applications are approved by the Secretary shall be permitted to participate in the Program.</text> </paragraph> <paragraph num="G."> <text>Employees accepted into the Program shall agree that they will not seek or accept employment or work in any capacity, including as an employee, contractor, or employee of a contractor, with any Executive Branch agency, public institution of higher education, or any other State agency or unit for a period of 18 months following their voluntary separation. An employee accepted into the Program who violates this reemployment prohibition shall be required to reimburse the State for the full amount of the severance payment and the cost of the subsidized health benefits.</text> </paragraph> <paragraph num="H."> <text>The positions of all employees accepted into the Program shall be abolished.</text> </paragraph> <paragraph num="I."> <text>The Secretary, the heads of every other personnel system, and the appointing authorities shall take all action as necessary or desirable to implement the Program. The Secretary, the heads of every other personnel system, and the appointing authorities shall implement the Program with the least possible disruption to the provision of State services.</text> </paragraph> <paragraph num="J."> <text>This Executive Order does not apply to:</text> <paragraph num="(1)"> <text>The Legislative Branch;</text> </paragraph> <paragraph num="(2)"> <text>The Judicial Branch;</text> </paragraph> <paragraph num="(3)"> <text>Persons holding any civil office of profit or trust under the Maryland Constitution;</text> </paragraph> <paragraph num="(4)"> <text>Employees of the Attorney Grievance Commission, the Baltimore City Sheriffs Office, Canal Place Preservation and Development Authority, the Chesapeake Bay Commission, Historic St. Mary's City Commission, Maryland 529, all local health departments, the Injured Workers' Insurance Fund, the Maryland African American Museum Corporation, the Maryland Automobile Insurance Fund, the Maryland Environmental Service, the Maryland Food Center Authority, the Maryland Stadium Authority, Maryland School for the Deaf, and the Registers of Wills;</text> </paragraph> <paragraph num="(5)"> <text>Cabinet officials, agency heads, and members of any board or commission;</text> </paragraph> <paragraph num="(6)"> <text>Positions, classifications, and agencies or parts of agencies designated as exempt from the Program by the Secretary, which generally, but not exclusively, include police officers, correctional officers, health care providers, emergency responders; and</text> </paragraph> <paragraph num="(7)"> <text>Employees of the University System of Maryland, Baltimore City Community College, St. Mary's College of Maryland, and Morgan State University; however the University System of Maryland, Baltimore City Community College, St. Mary's College of Maryland, and Morgan State University may implement voluntary separation programs at each university in accordance with its rules and regulations and subject to the approval of its governing board.</text> </paragraph> </paragraph> <annotations> <annotation>Effective Date: July 10, 2025.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".17" heading="Valuing Opportunity, Inclusion, and Community Equity (VOICE)"> <paragraph num="A."> <paragraph num="1."> <text>“State Agency” means a department, agency, commission, board, council, or other body of State government subject to the direction and supervision of the Governor.</text> </paragraph> <paragraph num="2."> <text>“Overburdened Community” has the meaning provided in §1-701(a)(7) of the Environment Article of the Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <paragraph num="1."> <text>To ensure consistent, equitable, and fair distribution of State resources, all State Agencies that are Members of the Interagency Environmental Justice and Equity Advisory Council, established by Section C, below, shall use the Environmental Justice Mapping Tool, created by the Department of the Environment, to track and address disparities related to environmental hazards, exposures, risks, health outcomes, investments, and benefits.</text> </paragraph> <paragraph num="2."> <text>State Agencies shall prioritize opportunities for meaningful engagement with impacted communities on policies and priorities related to Environmental Justice and that enable these communities to meaningfully inform State Agency decision-making.</text> </paragraph> <paragraph num="3."> <text>State Agencies shall identify and implement mechanisms to increase resources and opportunities for historically underrepresented farmers, rural and urban, by reducing barriers for entry, such as land access, and financing.</text> </paragraph> </paragraph> <paragraph num="C."> <paragraph num="1."> <text>There is hereby established the Interagency Environmental Justice and Equity Advisory Council (Council).</text> </paragraph> <paragraph num="2."> <text>The members of the Council are appointed by the Governor, in collaboration with the Secretary of the Environment, and shall consist of the Chief Sustainability Officer and leader representatives from the following State agencies:</text> <paragraph num="i."> <text>Department of Natural Resources;</text> </paragraph> <paragraph num="ii."> <text>Department of Transportation;</text> </paragraph> <paragraph num="iii."> <text>Maryland Port Authority;</text> </paragraph> <paragraph num="iv."> <text>Department of Agriculture;</text> </paragraph> <paragraph num="v."> <text>Department of Housing and Community Development;</text> </paragraph> <paragraph num="vi."> <text>Department of Health;</text> </paragraph> <paragraph num="vii."> <text>Department of Planning;</text> </paragraph> <paragraph num="viii."> <text>Maryland Energy Administration;</text> </paragraph> <paragraph num="ix."> <text>Department of Commerce;</text> </paragraph> <paragraph num="x."> <text>Department of Emergency Management;</text> </paragraph> <paragraph num="xi."> <text>Governor’s Office for Children;</text> </paragraph> <paragraph num="xii."> <text>Department of Public Safety and Correctional Services;</text> </paragraph> <paragraph num="xiii."> <text>Department of Budget and Management; and</text> </paragraph> <paragraph num="xiv."> <text>Other officials of State Agencies as the Governor or Secretary of the Environment may from time to time designate.</text> </paragraph> </paragraph> <paragraph num="3."> <text>The Deputy Secretary of the Environment shall serve as Chair of the Council, and the Assistant Secretary of the Environment shall serve as Vice Chair of the Council:</text> </paragraph> <paragraph num="4."> <text>The Council shall:</text> <paragraph num="i."> <text>Support and facilitate interagency collaboration on programs and activities related to environmental justice, including the development of training plans to build the capacity and understanding of employees to advance environmental justice and to increase the meaningful participation of communities with environmental justice concerns;</text> </paragraph> <paragraph num="ii."> <text>Identify and leverage State and federal resources to develop and implement outreach adaptation and mitigation strategies that improve environmental health outcomes, particularly for overburdened coastal, rural, tribal and urban communities;</text> </paragraph> <paragraph num="iii."> <text>Develop strategies across State Agencies to stack federal grant opportunities, utilizing and leveraging multiple funding sources in parallel, to maximize investments and benefits for overburdened and rural communities;</text> </paragraph> <paragraph num="iv."> <text>Identify strategies to expedite and streamline the delivery of State and federal funding to overburdened and rural communities that lack existing resources to utilize a reimbursable grant funding framework and provide technical assistance;</text> </paragraph> <paragraph num="v."> <text>Within each member agency of the Council, designate an Environmental Justice Officer responsible for leading agency planning and implementation of the agency’s Environmental Justice Strategic Plan, in a manner that seeks to reflect the rich diversity of Maryland;</text> </paragraph> <paragraph num="vi."> <text>Engage, collaborate, and consult with policy and community experts on Environmental Justice to conduct analyses and develop tools, including by building on and collaborating with existing bodies, as appropriate such as the Commission on Environmental Justice and Sustainable Communities (CEJSC), the Children's Environmental Health and Protection Advisory Council (CEHPAC), the Maryland Commission on Climate Change, the Governor’s Subcabinet on Climate, the Sustainable Growth Subcabinet and the Chesapeake Bay Cabinet;</text> </paragraph> <paragraph num="vii."> <text>Engage, collaborate, and consult with impacted communities on programs and activities related to environmental justice; including to receive their input on the development of the Environmental Justice Strategic Plans;</text> </paragraph> <paragraph num="viii."> <text>Track the overall spending of State and federal capital that has benefited overburdened and disadvantaged communities;</text> </paragraph> <paragraph num="ix."> <text>Assess the efficiency and accessibility of conservation programs and other resources for farmers and watermen in overburdened and underrepresented communities and develop strategies to address barriers;</text> </paragraph> <paragraph num="x."> <text>Develop an enhanced public participation plan for communities with Environmental Justice concerns potentially affected by certain resource extraction, waste management, industrial and manufacturing processes and activities;</text> </paragraph> <paragraph num="xi."> <text>Assist local governments in ensuring that all residents, regardless of their background, have equitable access to a healthy environment by;</text> <paragraph num="a."> <text>Upon request, providing technical assistance to local government entities, including incorporated and unincorporated municipalities, urban, suburban rural counties and coastal areas, which can include guidance on developing and implementing environmental justice programs, conducting impact assessments with an equity lens, identifying funding opportunities, and navigating complex regulatory frameworks; and</text> </paragraph> <paragraph num="b."> <text>Encouraging and supporting the formation and implementation of local environmental justice initiatives by developing model plans and policies, hosting workshops and trainings, and facilitating partnerships between community based organizations and academic institutions;</text> </paragraph> </paragraph> <paragraph num="xii."> <text>Identify and make recommendations to the Governor to address potential disproportionate environmental and health impacts that State laws, regulations, policies, and activities may have on Maryland residents and ensure the benefits are shared equitably; and;</text> </paragraph> <paragraph num="xiii."> <text>Make recommendations to the Governor to ensure consistency with federal Environmental Justice programs.</text> </paragraph> </paragraph> <paragraph num="5."> <paragraph num="i."> <text>The Council shall meet at least quarterly.</text> </paragraph> <paragraph num="ii."> <text>In coordination with the Commission on Environmental Justice and Sustainable Communities (CEJSC), the Council shall hold at least two public meetings per year. Those public meetings shall include representatives from impacted communities.</text> </paragraph> <paragraph num="iii."> <text>The Council shall be staffed by the Department of the Environment.</text> </paragraph> </paragraph> <paragraph num="6."> <paragraph num="i."> <text>Within 6 months of the date of this Order, the Chair shall issue guidance, in consultation with the CEJSC, to inform State Agencies of the implementation of this order.</text> </paragraph> <paragraph num="ii."> <text>The Chair may revise or issue additional guidance under this Order, as appropriate, and shall consider any additional recommendations made by the CEJSC in issuing or revising guidance</text> </paragraph> </paragraph> <paragraph num="7."> <text>The Council, led by the Department of the Environment, shall submit a report to the Governor’s Chief Sustainability Officer on or before December 1, 2025, and annually by December 1st each year thereafter, detailing the progress of implementing this Order. The Council’s annual reports shall be made available to the public.</text> </paragraph> <paragraph num="8."> <text>No later than 12 months after the date of this order and every 2 years thereafter, each agency member of the Council shall submit to the Chair and make available to the public, online, an Environmental Justice Strategic Plan with metrics to promote Environmental Justice in ways tailored to the specific agency and its authority, mission, and programs. Agencies must seek guidance from impacted stakeholders in the development of the metrics.</text> </paragraph> </paragraph> <paragraph num="D."> <paragraph num="1."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="2."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> <annotations> <annotation>Effective Date: July 17, 2025.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".18" heading="Governor's Intergovernmental Commission for Agriculture"> <text>(Rescinds Executive Order 01.01.2006.06)</text> <paragraph num="A."> <text>There is a Governor's Intergovernmental Commission for Agriculture (“Commission”).</text> </paragraph> <paragraph num="B."> <paragraph num="(1)"> <text>The Commission shall consist of up to nineteen (19) voting members, including:</text> <paragraph num="(a)"> <text>The Secretary of Agriculture or the Secretary’s designee, who shall serve as Chair;</text> </paragraph> <paragraph num="(b)"> <text>A representative from each of the following organizations who shall be appointed by the Governor in consultation with the Secretary of Agriculture:</text> <paragraph num="(i)"> <text>The Maryland Agricultural Commission;</text> </paragraph> <paragraph num="(ii)"> <text>The Maryland Agricultural and Resource Based Industry Development Corporation;</text> </paragraph> <paragraph num="(iii)"> <text>The Maryland Association of Counties;</text> </paragraph> <paragraph num="(iv)"> <text>The Maryland Municipal League;</text> </paragraph> <paragraph num="(v)"> <text>The Maryland Association of County Health Officers;</text> </paragraph> <paragraph num="(vi)"> <text>The Maryland Association of County Planning Officers;</text> </paragraph> <paragraph num="(vii)"> <text>The Maryland Farm Bureau; and</text> </paragraph> <paragraph num="(viii)"> <text>The Rural Maryland Council; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Up to ten (10) members of the general public with interest or expertise in agriculture who shall be appointed by the Governor in consultation with the Secretary of Agriculture.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Commission may also include the following members or their designee, who shall serve in an advisory non-voting capacity:</text> <paragraph num="(a)"> <text>The Secretary of Planning;</text> </paragraph> <paragraph num="(b)"> <text>The Secretary of Health;</text> </paragraph> <paragraph num="(c)"> <text>The Secretary of Natural Resources;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary of the Environment;</text> </paragraph> <paragraph num="(e)"> <text>The Secretary of Commerce;</text> </paragraph> <paragraph num="(f)"> <text>The Secretary of Emergency Management;</text> </paragraph> <paragraph num="(g)"> <text>The Secretary of Labor;</text> </paragraph> <paragraph num="(h)"> <text>The Secretary of Human Services;</text> </paragraph> <paragraph num="(i)"> <text>The Secretary of Aging;</text> </paragraph> <paragraph num="(j)"> <text>The Secretary of Education;</text> </paragraph> <paragraph num="(k)"> <text>The Director of the Maryland Energy Administration;</text> </paragraph> <paragraph num="(l)"> <text>The Dean of the University of Maryland School of Agriculture and Natural Resources;</text> </paragraph> <paragraph num="(m)"> <text>The Dean of the University of Maryland Eastern Shore School of Agricultural and Natural Sciences; and</text> </paragraph> <paragraph num="(n)"> <text>The President of the University of Maryland Center for Environmental Science.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The Commission shall:</text> <paragraph num="(1)"> <text>Work to increase the economic profitability of agriculture in the State by ensuring that all appropriate agencies work in a cooperative, coordinated manner with local government and industry groups to plan, implement, oversee and evaluate intergovernmental initiatives related to the agricultural affairs of the State;</text> </paragraph> <paragraph num="(2)"> <text>Promote a clear and consistent “business-friendly” climate for agriculture in the State by serving as a liaison between the Governor and local governments and industry organizations;</text> </paragraph> <paragraph num="(3)"> <text>Develop annual intergovernmental goals for services and functions dealing with the agricultural affairs of the State;</text> </paragraph> <paragraph num="(4)"> <text>Develop and implement:</text> <paragraph num="(a)"> <text>Procedures to identify and assess agricultural developments that could potentially impact the State and local governments;</text> </paragraph> <paragraph num="(b)"> <text>A consistent, systematic method to coordinate the State’s agricultural economic development activities; and</text> </paragraph> <paragraph num="(c)"> <text>Specific and measurable actions to improve the economic and regulatory climate for agriculture in the State;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Make recommendations for programs and policies to ensure that the needs and goals of the State’s agricultural strategy are met and accomplished; and</text> </paragraph> <paragraph num="(6)"> <text>Perform other duties and responsibilities as assigned by the Governor.</text> </paragraph> </paragraph> <paragraph num="D."> <paragraph num="(1)"> <text>The Commission shall be staffed by the Maryland Department of Agriculture. The State agencies represented on the Commission shall provide additional assistance as needed.</text> </paragraph> <paragraph num="(2)"> <text>Members appointed by the Governor shall serve at the pleasure of the Governor.</text> </paragraph> <paragraph num="(3)"> <text>Members representing an organization must maintain their specified organizational affiliation in order to maintain service on the Commission.</text> </paragraph> <paragraph num="(4)"> <text>Members of the Commission may not receive any compensation for their services, but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.</text> </paragraph> </paragraph> <paragraph num="E."> <paragraph num="(1)"> <text>The Commission Chair shall:</text> <paragraph num="(a)"> <text>Oversee and lead the implementation of this Executive Order and the work of the Commission;</text> </paragraph> <paragraph num="(b)"> <text>Determine the Commission's agenda; and</text> </paragraph> <paragraph num="(c)"> <text>Identify additional support as needed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Commission Chair may adopt bylaws, rules, and other procedures necessary to ensure the orderly transaction of business.</text> </paragraph> <paragraph num="(3)"> <text>A majority of the voting members present shall constitute a quorum for the transaction of any business of the Commission.</text> </paragraph> </paragraph> <paragraph num="F."> <paragraph num="(1)"> <text>The Commission shall meet as often as its duties require, but no less than twice annually.</text> </paragraph> <paragraph num="(2)"> <text>The Chair may convene meetings of the Commission and shall preside over the meetings.</text> </paragraph> <paragraph num="(3)"> <text>The Chair may establish subcommittees that meet in between the Commission’s official biannual meetings.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The Commission shall submit an annual report to the Governor by October 1st each year, outlining its recommendations to support a coordinated agricultural strategy within the State.</text> </paragraph> <paragraph num="H."> <paragraph num="(1)"> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="(2)"> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> <annotations> <annotation>Effective Date: July 28, 2025.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".19" heading="ADDRESSING MARYLAND’S AFFORDABLE HOUSING CRISIS"> <paragraph num="A."> <text>Developing Housing on State-Owned Land and Accelerating Funding for Affordable Housing.</text> <paragraph num="(1)"> <text>The Department of Housing and Community Development and the Department of Transportation shall develop strategies to implement their October 2024 Interagency Agreement on Transit Oriented Development to increase the production of housing near transit stations.</text> <paragraph num="(a)"> <text>In accordance with the Interagency Agreement, the Department of Transportation will lead the development of land owned by the Department of Transportation for transit-oriented development and will coordinate with the Department of Housing and Community Development on these sites.</text> </paragraph> <paragraph num="(b)"> <text>The Department of Transportation shall commit to prioritizing development of affordable housing in the development of transit-oriented development projects on land owned by the Department of Transportation.</text> </paragraph> <paragraph num="(c)"> <text>The Department of Housing and Community Development shall commit to providing bonus points or special consideration to the extent permitted by law in the Low Income Housing Tax Credit Program and State Revitalization Programs funding rounds for projects tied to the Department of Transportation's transit-oriented development efforts.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Department of Transportation shall:</text> <paragraph num="(a)"> <text>Pursue the development of land owned by the Department of Transportation for dense, mixed-use, transit-oriented development, with housing as a priority goal for the development of these sites;</text> </paragraph> <paragraph num="(b)"> <text>Coordinate funding and investment with the Department of Housing and Community Development, and other State partners, to support the development of housing at these sites as a priority use; and</text> </paragraph> <paragraph num="(c)"> <text>Work with local jurisdictions through the transit-oriented development designation process to ensure local jurisdiction planning for transit-oriented development supports housing as a priority use.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Department of Housing and Community Development and the Department of General Services shall, in coordination with other executive departments and agencies, identify State-owned land that is:</text> <paragraph num="(a)"> <text>Subject to the control of the Department of General Services;</text> </paragraph> <paragraph num="(b)"> <text>Determined to be surplus; and</text> </paragraph> <paragraph num="(c)"> <text>Appropriate for consideration for the development of housing.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Department of General Services shall:</text> <paragraph num="(a)"> <text>Maintain a database of parcels of State-owned land identified as appropriate for the development of housing;</text> </paragraph> <paragraph num="(b)"> <text>For properties that have been identified as suitable for affordable housing by the Department of Housing and Community Development, issue:</text> <paragraph num="(i)"> <text>Within 30 days after determination of suitability, a notice of intent to release a request for proposals; and</text> </paragraph> <paragraph num="(ii)"> <text>Within 90 days after the issuance of the notice of intent, a request for proposals;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Pursuant to statutory requirements, dispose of State-owned parcels for the development of housing by entering into land disposition agreements with parties that will develop such parcels into new housing units, selected through a competitive process; and</text> </paragraph> <paragraph num="(d)"> <text>Maximize the housing use of surplus State-owned parcels, whether the parcel remains under State ownership, is subject to long-term lease, or is disposed of, through:</text> <paragraph num="(i)"> <text>Reducing the cost of the land or pairing the development of land with funding to create deed-restricted low-income housing, and</text> </paragraph> <paragraph num="(ii)"> <text>Exercising the governmental immunity from local zoning laws to the extent permitted by law.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>State Housing Permitting Acceleration/Ombudsman Creation.</text> <paragraph num="(1)"> <text>Definitions.</text> <paragraph num="(a)"> <text>“Housing development project” means the new construction or substantial renovation of a residential real estate project.</text> </paragraph> <paragraph num="(b)"> <text>“Permit related to housing construction” means a permit or approval required by law or regulation to be issued by a principal department of the Executive Branch or a division thereof, to a developer, contractor, or subcontractor in order to commence, continue, or support a housing development project.</text> </paragraph> <paragraph num="(c)"> <text>“Third-party reviewer” means an independent contractor engaged by the proponent of a housing development project to inspect, review, and provide an independent evaluation, including recommendation for approval or denial, of an application for a State permit related to the housing development project.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Each principal department of the Executive Branch that issues permits related to housing construction shall:</text> <paragraph num="(a)"> <text>Designate a senior point of contact for coordination and efficient processing of permits related to housing construction;</text> </paragraph> <paragraph num="(b)"> <text>By January 1, 2026, submit to the Office of the Governor and the Maryland Coordinated Permitting Review Council updated permit application processing procedures with timelines for permits related to housing construction;</text> </paragraph> <paragraph num="(c)"> <text>By November 21, 2025, draft and submit to the Office of the Governor for review and approval standards and procedures for applicants for State-issued permits related to housing development projects to hire third-party reviewers to help expedite permitting timelines at the applicant’s expense, including:</text> <paragraph num="(i)"> <text>Registration procedures and required qualifications for third-party reviewers;</text> </paragraph> <paragraph num="(ii)"> <text>Rules governing conflicts of interest for third-party reviewers;</text> </paragraph> <paragraph num="(iii)"> <text>Procedures for review and approval or denial of recommendations made by third-party reviewers; and</text> </paragraph> <paragraph num="(iv)"> <text>Provisions requiring the principal department to follow recommendations made by third-party reviewers except in cases of clear error, serious deficiency, or conflict of interest;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Upon approval by the Office of the Governor, complete implementation of the new third-party permitting standards and procedures for permits related to housing development projects by March 1, 2026;</text> </paragraph> <paragraph num="(e)"> <text>By November 21, 2025, provide to the Office of the Governor a written enumeration and assessment of additional potential legislative, regulatory, and administrative actions to increase efficiency in permitting processes;</text> </paragraph> <paragraph num="(f)"> <text>For permit applications that require review by multiple State agencies or by different levels of government, to the extent allowed by law, engage in simultaneous, rather than sequential, review of such permit applications;</text> </paragraph> <paragraph num="(g)"> <text>By November 21, 2025, provide written recommendations to the Office of the Governor for ways to increase predictability and transparency related to applications for permits related to housing construction;</text> </paragraph> <paragraph num="(h)"> <text>Fully digitize permit applications and permit fee payments within the extent of budgetary authority no later than March 1, 2026; and</text> </paragraph> <paragraph num="(i)"> <text>Seek every opportunity to provide transparency in the permit application process and, whenever possible, reduce processing times.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Department of Housing and Community Development shall:</text> <paragraph num="(a)"> <text>By November 21, 2025, draft and submit to the Office of the Governor for review a written plan to accelerate processes related to the distribution of funding for affordable multifamily housing projects, including:</text> <paragraph num="(i)"> <text>Awarding of funds and tax credits;</text> </paragraph> <paragraph num="(ii)"> <text>Closing of deals, contracts, and loan agreements; and</text> </paragraph> <paragraph num="(iii)"> <text>Distribution of awarded funds, including release of construction funds.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Upon approval by the Office of the Governor, complete implementation of the plan to accelerate the distribution of funding for affordable multifamily housing projects by March 1, 2026.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Department of Housing and Community Development shall:</text> <paragraph num="(a)"> <text>Designate a State Housing Ombudsman to facilitate navigation through local, State, and federal permitting processes and act as a liaison between the Department of Housing and Community Development, other State agencies, local governments and planning and zoning authorities, housing developers and other stakeholders, and local communities.</text> </paragraph> <paragraph num="(b)"> <text>The State Housing Ombudsman’s duties shall include:</text> <paragraph num="(i)"> <text>Coordinating and reporting on the activities undertaken by executive departments and State agencies pursuant to section B.2 of this Order;</text> </paragraph> <paragraph num="(ii)"> <text>Facilitating and participating on the Department of Housing and Community Development’s behalf in discussions between units of State government, local government, and housing developers to assist with navigation through permitting requirements and processes;</text> </paragraph> <paragraph num="(iii)"> <text>Evaluating if there are opportunities for the state to acquire land to further housing development opportunities;</text> </paragraph> <paragraph num="(iv)"> <text>Evaluating methods to improve the housing building materials supply chain in the State;</text> </paragraph> <paragraph num="(v)"> <text>Gathering and compiling information on local permitting and planning and zoning processes throughout the State and identifying “pain points” in those processes; and</text> </paragraph> <paragraph num="(vi)"> <text>Tracking the progress of housing development projects throughout the State and providing periodic updates to the Department of Housing and Community Development leadership and the Office of the Governor on housing production in Maryland.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Establishment of Housing Targets.</text> <paragraph num="(1)"> <text>The Department of Housing and Community Development shall:</text> <paragraph num="(a)"> <text>Publish on or before January 1, 2026, and every five years thereafter, housing production targets for the State, each county, and each municipality that exercises zoning or planning authority;</text> </paragraph> <paragraph num="(b)"> <text>Conduct a public engagement process on draft housing targets; and</text> </paragraph> <paragraph num="(c)"> <text>Publish a methodology and supporting basis for calculating the housing production targets.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Department of Housing and Community Development shall publish an annual report on January 1, 2027, and each year thereafter that:</text> <paragraph num="(a)"> <text>assesses the progress of the State and each local jurisdiction with meeting applicable housing production targets; and</text> </paragraph> <paragraph num="(b)"> <text>provides potential solutions to assist the state or a local jurisdiction with meeting applicable housing production targets.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Housing Leadership Award</text> <paragraph num="(1)"> <text>The Secretary of the Department of Housing and Community Development shall establish an annual Maryland Housing Leadership Award to recognize local jurisdictions that demonstrate outstanding progress in advancing housing opportunities.</text> </paragraph> <paragraph num="(2)"> <text>The Award may be granted to jurisdictions that:</text> <paragraph num="(a)"> <text>Are on track to meet or exceed housing production targets; or</text> </paragraph> <paragraph num="(b)"> <text>Enact policies or legislation that significantly promote the development of housing.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Department of Housing and Community Development may award bonus points to applications for department funding to local jurisdictions that have received a Maryland Housing Leadership Award.</text> </paragraph> </paragraph> <paragraph num="E."> <text>General Provisions.</text> <paragraph num="(1)"> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.</text> </paragraph> <paragraph num="(2)"> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> <annotations> <annotation>Effective Date: September 3, 2025.</annotation> </annotations> </regulation> <regulation prefix="Executive Order" num=".26" heading="State Employee Risk Management Administration"> <text>(Rescinds Executive Order 01.01.2008.03)</text> <paragraph num="A."> <text>Program Established. There is a State Employee Risk Management Administration (hereinafter, “SERMA”) established that addresses workplace safety and workers' compensation risk management and loss control throughout Maryland State government. It shall have the following structure:</text> <paragraph num="(1)"> <text>SERMA is administered by the Injured Workers' Insurance Fund (hereinafter, “IWIF”), as required by the Memorandum of Understanding between the Board of Commissioners of the Injured Workers' Insurance Fund and the State Treasurer's Office.</text> </paragraph> <paragraph num="(2)"> <text>Although IWIF's insurance operations were converted into Chesapeake Employers' Insurance Company by Chapter 570, Laws of Maryland (2012), Section 2, it provided that IWIF shall “remain in existence” and “shall continue to be the third-party administrator for the State's Self Insured Workers' Compensation Program for State Employees under a contract with the State.” (See Maryland Annotated Code, Labor and Employment,§ 10-102.)</text> </paragraph> <paragraph num="(3)"> <text>IWIF shall coordinate the administration of the SERMA program with the oversight of the Office of the Governor, and as needed with the State Treasurer as the Claims Administration Services Agreement administrator.</text> </paragraph> <paragraph num="(4)"> <text>IWIF shall compile, maintain, and make available as allowed by law all claims information on their Workers' Compensation database to carry out the intent of this Executive Order and provide reporting to support State initiatives.</text> </paragraph> <paragraph num="(5)"> <text>IWIF shall house a unit of SERMA Risk Management Consultants, dedicated to the State to provide occupational and safety consultative services as described in Section C.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Responsibilities. Each State department or designated State agency shall, work with SERMA Risk Management Consultants:</text> <paragraph num="(1)"> <text>Establish and maintain a proactive employee safety and health risk management program that is effective, efficient, and measurable; that has the support and endorsement of the agency head with a policy statement, and written policy and procedure directives that are communicated to all employees.</text> </paragraph> <paragraph num="(2)"> <text>Maintain the designation or appointment of a Risk Manager to carry out the intent of this Executive Order; with full-time risk managers having 3 a direct reporting relationship to the office of each department's secretary or agency head.</text> </paragraph> <paragraph num="(3)"> <text>Establish committees to review agencies' safety and occupational health programs, review injury trends and advise the applicable agency leadership on necessary corrective measures.</text> </paragraph> <paragraph num="(4)"> <text>Establish annual goals, objectives, and performance measures to address workplace safety and health, reductions in workplace illnesses, accidents, and injuries. Key measurements will be claims frequency, accident frequency, accident leave, cost analysis and timeliness of reporting incidents to IWIF.</text> </paragraph> <paragraph num="(5)"> <text>Conduct annual health and safety inspections of all facilities documenting the findings and necessary corrective measures. These inspections will evaluate the use of personal protective equipment, preventive maintenance, unsafe workplace behaviors, emergency evacuation procedures, and housekeeping issues.</text> </paragraph> <paragraph num="(6)"> <text>Conduct safety and health training for all employees. These trainings will focus and be directed towards all known workplace health and safety hazards and establish appropriate preventive procedural guidelines to protect the health and safety of employees.</text> </paragraph> <paragraph num="(7)"> <text>Promote occupational health and safety within their organization, through_ the distribution of employee safety and health informational resources such as posters, e-mail, flyers and tip sheets, or Intranet informatives.</text> </paragraph> <paragraph num="(8)"> <text>Develop proactive Return-to-Work programs, where able, involving regular communication with IWIF, as needed, to effectively place employees in transitional duty positions while recovering from work related injuries. State agencies shall utilize programs developed through agency personnel systems, if applicable.</text> </paragraph> <paragraph num="(9)"> <text>Conduct thorough and complete accident investigations that are timely and contain the highest level of detail possible. All investigations will be fact-driven and contain a root-cause analysis. Maintain all first reports of injuries, investigative reports, and documents in accordance with OSHA, MOSH, and the Maryland Workers' Compensation Act.</text> </paragraph> <paragraph num="(10)"> <text>Establish and communicate policies and procedures that enable all of its organizational units to be prepared for a variety of predictable and unpredictable emergencies.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Responsibilities of the SERMA program and the SERMA Risk Management Consultants, administered by IWIF are to:</text> <paragraph num="(1)"> <text>Support State efforts in establishing and maintaining a proactive employee risk management program that is effective, efficient, and measurable;</text> </paragraph> <paragraph num="(2)"> <text>Provide guidelines for implementing risk management programs in all agencies that are based upon best practices in both the public and private sectors;</text> </paragraph> <paragraph num="(3)"> <text>Provide technical assistance, program consultation, education and training, and statistical analyses that support State agencies in meeting their responsibilities under the provisions of this Executive Order and achieving their risk management performance goals;</text> </paragraph> <paragraph num="(4)"> <text>Make recommenda6ons to improve agency-specific programs that are not effectively reducing risks and minimizing workers' compensation costs;</text> </paragraph> <paragraph num="(5)"> <text>Communicate and coordinate as needed with the Maryland State Employee Risk Management Committee; and</text> </paragraph> <paragraph num="(6)"> <text>Provide an annual report to the office of the Governor and the Secretaries of the State Employee Risk Management Administration Committee agencies following each fiscal year end.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Risk Management Committee Established. There is a State Employee Risk Management Administration Committee (Committee).</text> <paragraph num="(1)"> <text>Membership. The Committee is comprised of the following:</text> <paragraph num="(a)"> <text>A representative from IWIF, appointed by its President, who shall serve as Committee Chair;</text> </paragraph> <paragraph num="(b)"> <text>A representative from the Office of the Governor, appointed by the Governor;</text> </paragraph> <paragraph num="(c)"> <text>The supervisor of the SERMA Risk Management Consultants;</text> </paragraph> <paragraph num="(d)"> <text>The SERMA Risk Management Consultants;</text> </paragraph> <paragraph num="(e)"> <text>Representatives from IWIF's Claims Administration;</text> </paragraph> <paragraph num="(f)"> <text>A representative from the State Treasurer's Office;</text> </paragraph> <paragraph num="(g)"> <text>Department risk managers of the following State Departments as named by the Department Secretaries:</text> <paragraph num="i."> <text>Department of Budget and Management;</text> </paragraph> <paragraph num="ii."> <text>Department of the Environment;</text> </paragraph> <paragraph num="iii."> <text>Department of General Services;</text> </paragraph> <paragraph num="iv."> <text>Department of Health;</text> </paragraph> <paragraph num="v."> <text>Department of Human Services;</text> </paragraph> <paragraph num="vi."> <text>Department of Juvenile Services;</text> </paragraph> <paragraph num="vii."> <text>Department of Labor;</text> </paragraph> <paragraph num="viii."> <text>Department of Natural Resources;</text> </paragraph> <paragraph num="ix."> <text>Department of Public Safety and Correctional Services;</text> </paragraph> <paragraph num="x."> <text>Maryland State Police;</text> </paragraph> <paragraph num="xi."> <text>Department of Transportation;</text> </paragraph> <paragraph num="xii."> <text>Maryland Transit Administration (MTA);</text> </paragraph> <paragraph num="xiii."> <text>University of Maryland, College Park;</text> </paragraph> <paragraph num="xiv."> <text>University System of Maryland;</text> </paragraph> <paragraph num="xv."> <text>Maryland Occupational Safety and Health Administration (MOSH);</text> </paragraph> <paragraph num="xvi."> <text>Department of General Services, Real Estate Office; and</text> </paragraph> <paragraph num="xvii."> <text>Any other unit designated by the Governor</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Staffing. IWIF shall provide staffing for the Committee as necessary.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Duties. The Committee shall work in partnership with the SERMA program in IWIF to:</text> <paragraph num="(1)"> <text>Share with other State departments and agencies best practices in the public and private sectors for risk management and loss control;</text> </paragraph> <paragraph num="(2)"> <text>Identify available resources that would assist State agencies and their departments to continuously improve their risk management programs;</text> </paragraph> <paragraph num="(3)"> <text>Identify workers' compensation issues, and offer recommendations to the Governor's Office;</text> </paragraph> <paragraph num="(4)"> <text>Recommend initiatives to the Governor's Office that will improve workplace safety and reduce the overall costs of workers' compensation;</text> </paragraph> <paragraph num="(5)"> <text>Ensure that the SERMA program is responsive to the risk management and loss control needs of State departments and agencies as defined in Section C of this Executive Order;</text> </paragraph> <paragraph num="(6)"> <text>Plan and conduct the annual statewide SERMA Conference; and</text> </paragraph> <paragraph num="(7)"> <text>Coordinate with and provide support to the Governor's Office and State agencies in addressing workplace safety and loss control issues.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Meetings. The Committee shall meet at least quarterly.</text> </paragraph> <paragraph num="G."> <text>This Executive Order on managing occupational injuries and illnesses in Maryland State Government shall be interpreted and implemented in a manner consistent with the efforts of established State health and safety regulations. Department and agency heads shall utilize existing management functions and programs to expand and improve management of risks within their respective units.</text> </paragraph> </regulation> <regulation prefix="Executive Order" num=".27" heading="Building an Affordable and Reliable Energy Future"> <paragraph num="A."> <text>This Order directs executive agencies to take immediate actions to stabilize utility bills, improve grid reliability and efficiency, provide recommendations to the Maryland General Assembly, and accelerate cost-effective energy deployment while maintaining affordability and reliability for the people and economy of Maryland.</text> </paragraph> <paragraph num="B."> <paragraph num="1."> <text>“Agencies” means the Maryland Energy Administration (MEA); Department of Natural Resources (DNR); Department of Commerce (Commerce); Department of the Environment (MDE); Department of Human Services (DHS); Department of Transportation (MDOT); the Department of Planning (MDP), and the Department of Housing and Community Development (DHCD).</text> </paragraph> <paragraph num="2."> <text>“Commission” means the Maryland Public Service Commission (PSC).</text> </paragraph> <paragraph num="3."> <text>“Advanced Transmission Technologies (ATTs)” means Grid-Enhancing Technologies (GETs), and additional technologies subsequently specified or identified by MEA and the Power Plant Research Program (PPRP) for purposes of planning and implementation.</text> </paragraph> <paragraph num="4."> <text>“Budget Billing” means a utility program that divides a customer’s annual energy costs into predictable monthly payments.</text> </paragraph> <paragraph num="5."> <text>“Non-Wire Alternatives (NWAs)” means grid solutions that use distributed energy resources, energy efficiency, or load flexibility to defer or replace the need for traditional transmission and distribution infrastructure upgrades.</text> </paragraph> <paragraph num="6."> <text>“PJM” means the regional transmission organization PJM Interconnection, Inc.</text> </paragraph> </paragraph> <paragraph num="C."> <paragraph num="1."> <text>There is hereby established an Energy Subcabinet (the “Subcabinet”) to coordinate interagency policy and oversee the implementation of this Order.</text> <paragraph num="a."> <text>The Subcabinet shall be chaired by the Director of the MEA. The following shall be members of the Subcabinet:</text> <paragraph num="1."> <text>The Secretaries, or their designees, of the Agencies defined at Section B 1, above;</text> </paragraph> <paragraph num="2."> <text>The Governor’s Deputy Chief of Staff, as designated by the Governor; and</text> </paragraph> <paragraph num="3."> <text>Other Cabinet-level officials as designated by the Governor.</text> </paragraph> </paragraph> <paragraph num="b."> <text>The Subcabinet shall meet at least quarterly to align state resources and ensure that energy policy decisions support the state’s energy affordability, reliability, economic competitiveness, and environmental goals.</text> </paragraph> <paragraph num="c."> <text>The Chair of the Subcabinet may establish subcommittees or workgroups that may meet between the Subcabinet’s quarterly meetings.</text> </paragraph> <paragraph num="d."> <text>The Subcabinet shall review and provide comments on:</text> <paragraph num="1."> <text>Major energy-related legislative or administrative concepts proposed by the Moore-Miller Administration; and</text> </paragraph> <paragraph num="2."> <text>Draft recommendations prepared pursuant to this Order.</text> </paragraph> </paragraph> <paragraph num="e."> <text>The MEA shall provide primary staff support for the Subcabinet.</text> </paragraph> <paragraph num="f."> <text>All units of the Executive Branch of State Government shall cooperate with the Subcabinet in carrying out its duties.</text> </paragraph> </paragraph> <paragraph num="2."> <text>There is hereby established a Maryland Energy Advisory Council (“Council”) to provide external stakeholder input to the Subcabinet.</text> <paragraph num="a."> <text>The Council shall be Chaired by the Director of the Maryland Energy Administration.</text> </paragraph> <paragraph num="b."> <text>The Chair shall invite representatives from:</text> <paragraph num="1."> <text>The Speaker of the Maryland House of Delegates or their designee,</text> </paragraph> <paragraph num="2."> <text>The President of the Maryland Senate or their designee,</text> </paragraph> <paragraph num="3."> <text>The Maryland Public Service Commission (PSC)</text> </paragraph> <paragraph num="5."> <text>Maryland Clean Energy Center (MCEC)</text> </paragraph> <paragraph num="6."> <text>Regulated utilities (electric, gas, municipal, cooperative),</text> </paragraph> <paragraph num="7."> <text>PJM Interconnection, Inc,</text> </paragraph> <paragraph num="8."> <text>Clean and renewable energy industries (solar, wind, geothermal, hydro, battery storage, and nuclear),</text> </paragraph> <paragraph num="9."> <text>Energy efficiency and demand response companies,</text> </paragraph> <paragraph num="10."> <text>Large energy producers,</text> </paragraph> <paragraph num="11."> <text>Organized labor,</text> </paragraph> <paragraph num="12."> <text>Consumer advocates,</text> </paragraph> <paragraph num="13."> <text>Environmental organizations,</text> </paragraph> <paragraph num="14."> <text>Large consumers of electricity,</text> </paragraph> <paragraph num="15."> <text>Local governments,</text> </paragraph> <paragraph num="16."> <text>Academic and technical experts,</text> </paragraph> <paragraph num="17."> <text>Business communities, and</text> </paragraph> <paragraph num="18."> <text>The agricultural sector.</text> </paragraph> </paragraph> <paragraph num="c."> <text>The Council shall identify barriers to the deployment of generation facilities and affordability, and provide recommendations to inform the MEA’s work under this Order.</text> </paragraph> <paragraph num="d."> <text>The MEA shall provide primary staff support for the Council.</text> </paragraph> <paragraph num="e."> <text>Within 180 days of the issuance of this Order, the Council shall submit a memorandum to the Subcabinet identifying the most urgent challenges to energy affordability and reliability.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <paragraph num="1."> <text>By January 16, 2026, the MEA shall submit written recommendations to the Speaker of the Maryland House of Delegates and the President of the Maryland Senate that:</text> <paragraph num="a."> <text>Identify strategies to mitigate rate impacts associated with implementation of the State Energy Plan, including options to reduce bill volatility and protect low- and moderate-income customers;</text> </paragraph> <paragraph num="b."> <text>Evaluate regulatory, administrative, and planning tools available to align implementation of the State Energy Plan with affordability, reliability, and economic competitiveness objectives; and</text> </paragraph> <paragraph num="c."> <text>Outline considerations for any future legislative changes to the State Energy Plan framework needed to maintain affordability, reliability, and progress toward the State’s energy and economic development goals.</text> </paragraph> </paragraph> <paragraph num="2."> <text>The MEA shall transmit copies of these recommendations to the Governor and make a public-facing summary available consistent with applicable law and confidentiality requirements.</text> </paragraph> </paragraph> <paragraph num="E."> <text>To protect Maryland ratepayers from ever-increasing utility bills and volatility, the MEA is directed to take the following actions regarding the Public Service Commission:</text> <paragraph num="1."> <text>The MEA shall petition the Commission to open a proceeding to examine the design, transparency, and consumer protections of existing utility Budget Billing programs. The petition shall request that the Commission:</text> <paragraph num="a."> <text>analyze the efficacy of Budget Billing in reducing month-to-month bill volatility and helping households manage utility costs;</text> </paragraph> <paragraph num="b."> <text>assess whether current practices adequately protect customers from large true-up balances and clearly disclose program terms, risks, and benefits;</text> </paragraph> <paragraph num="c."> <text>assess cash as working capital of existing programs and the rate of returns of existing investor-owned utility budget billing programs; and</text> </paragraph> <paragraph num="d."> <text>solicit stakeholder input and provide recommendations on potential improvements to existing Budget Billing offerings, including any changes needed to ensure that such programs are fair, transparent, and aligned with consumer protection objectives.</text> </paragraph> </paragraph> <paragraph num="2."> <text>The MEA shall petition the Commission to adopt a regulatory strategy that prioritizes and incentivizes flexible, optimized lower-cost grid solutions over expensive capital projects. The petition may suggest a cost recovery structure that includes performance incentive mechanisms (PIMs) that directly tie utility cost recovery to specific outcomes, including but not limited to:</text> <paragraph num="a."> <text>Metrics to accelerate the deployment of new resources, promote flexible interconnection, and align interconnection practices with a modern grid management system that includes virtual power plants at the distribution and bulk wholesale levels;</text> </paragraph> <paragraph num="b."> <text>Metrics to support consumer affordability and control overall bill impacts; and</text> </paragraph> <paragraph num="c."> <text>A unified framework for requiring utilities to evaluate and implement flexible Non-Wires Alternatives in all relevant infrastructure planning cases.</text> <paragraph num="1."> <text>The petition shall recommend a consistent benefit-cost framework to prioritize lower-cost grid solutions over expensive capital projects.</text> </paragraph> </paragraph> </paragraph> <paragraph num="3."> <text>The MEA shall petition the Commission to require applicants to specifically evaluate Advanced Transmission Technologies (ATTs), including Grid-Enhancing Technologies (GETs), before approving new transmission lines or major upgrades. The petition shall propose:</text> <paragraph num="a."> <text>A requirement that transmission owners:</text> <paragraph num="1."> <text>Demonstrate how ATTs were evaluated in the planning and siting of new or upgraded transmission facilities; and</text> </paragraph> <paragraph num="2."> <text>Provide transparent justification when ATTs are not deployed, including financial, operational, and planning rationales.</text> </paragraph> </paragraph> <paragraph num="b."> <text>Using a “shared savings” incentive mechanism where utilities and ratepayers share the financial benefits of the increased capacity and congestion relief provided by ATTs.</text> </paragraph> <paragraph num="c."> <text>Recommending that the Commission require transmission utilities to evaluate and report on the potential use of and investment in ATTs over the next five years.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Within 120 days, the MEA, in consultation with the Department of Human Services and other stakeholders chosen by the Director of the MEA, shall examine existing State energy assistance programs and provide recommendations to the Governor on potential changes to improve affordability, bill stability, and access for low-income and vulnerable households.</text> <paragraph num="1."> <text>The examination shall include, but not be limited to, an assessment of how existing programs interact with rate design, arrearage management, and other affordability tools, and whether additional or modified approaches are warranted to prevent energy insecurity and disconnections.</text> </paragraph> <paragraph num="2."> <text>The examination shall include, but need not be limited to, an assessment of how the Public Service Commission’s (PSC) low-income mechanism operates for Department of Human Services Office of Home Energy Programs customers once this mechanism is implemented, including eligibility pathways, integration across utilities, and alignment with OHEP benefit delivery. This review shall evaluate how the mechanism interacts with utility rate design, arrearage management practices, and existing customer protections to determine its effectiveness in lowering energy burden and stabilizing accounts for OHEP-eligible households. The examination shall assess whether the mechanism is consistently applied, sufficiently coordinated with energy assistance programs, and appropriately structured to prevent energy insecurity and utility disconnections, and whether refinements or enhancements are warranted.</text> </paragraph> <paragraph num="3."> <text>The examination shall include, but need not be limited to, an assessment of the Utility Service Protection Program (USPP) and its effectiveness for OHEP customers, with a focus on service continuity, billing stability, arrearage outcomes, and protection from utility shutoffs in the heating season. This review shall consider enrollment thresholds, number of uninterrupted seasonal protections, payment requirements, participation trends, and reasons for exit to determine whether the program adequately supports households with fluctuating incomes or limited ability to maintain consistent payments. The examination shall also evaluate how USPP interacts with rate design, arrearage management, and other affordability tools, and whether modifications are warranted to reduce energy insecurity and prevent disconnections among low-income households.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Within 30 days, the Chair of the Energy Subcabinet shall convene a Workgroup under the Subcabinet to identify opportunities to modernize Maryland’s transmission infrastructure.</text> <paragraph num="1."> <text>The Chair shall appoint the members of the Workgroup. Membership shall include:</text> <paragraph num="a."> <text>Staff of the Governor’s Office;</text> </paragraph> <paragraph num="b."> <text>Staff of the Public Service Commission;</text> </paragraph> <paragraph num="c."> <text>Staff of the Maryland Department of the Environment;</text> </paragraph> <paragraph num="d."> <text>Staff of the Maryland Department of Natural Resources;</text> </paragraph> <paragraph num="e."> <text>Staff of PJM Interconnection, Inc.;</text> </paragraph> <paragraph num="f."> <text>A representative from the Transmission Providers and State-Regulated Electric Utilities;</text> </paragraph> <paragraph num="g."> <text>Consumer Advocates; and</text> </paragraph> <paragraph num="h."> <text>Other relevant stakeholders.</text> </paragraph> </paragraph> <paragraph num="2."> <text>The Workgroup shall identify priorities and make recommendations regarding:</text> <paragraph num="a."> <text>Transmission needs and how ATTs can cost-effectively relieve transmission congestion.</text> <paragraph num="1."> <text>The Workgroup shall consider mechanisms to:</text> <paragraph num="a."> <text>encourage transmission developers to evaluate and use ATTs where financially beneficial for ratepayers;</text> </paragraph> <paragraph num="b."> <text>create shared savings incentive mechanisms whereby utilities and ratepayers share the financial benefits of the increased capacity provided by ATTs; and</text> </paragraph> <paragraph num="c."> <text>for transmission and distribution applicants to:</text> <paragraph num="i."> <text>demonstrate how ATTs are evaluated in the planning and siting of new or upgraded transmission or distribution facilities;</text> </paragraph> <paragraph num="ii."> <text>provide transparent justification when ATTs are not deployed, including financial, operational, and planning rationales; and</text> </paragraph> <paragraph num="iii."> <text>file regular ATT deployment plans and reporting metrics.</text> </paragraph> </paragraph> </paragraph> <paragraph num="2."> <text>The Workgroup shall identify priority transmission corridors and projects where GETs/ATTs can cost-effectively relieve congestion and support Maryland’s reliability and clean energy goals.</text> </paragraph> <paragraph num="3."> <text>The Workgroup shall deliver recommendations to the Governor on GETs/ATTs, a process for selecting candidate projects, expected benefits, and coordination with PJM planning.</text> </paragraph> <paragraph num="4."> <text>The MEA shall request Commission proceedings or approvals necessary to implement deployments and to align PJM regional planning with identified GETs/ATTs benefits.</text> </paragraph> </paragraph> <paragraph num="b."> <text>State-Owned Right-of-Way (ROW) suitable for high-voltage transmission and co-located energy infrastructure, including battery energy storage where appropriate and permitted by federal law.</text> <paragraph num="1."> <text>The Maryland Department of Transportation (MDOT)shall conduct a study for establishing siting high-voltage transmission and co-located energy infrastructure along state highways and other agency-owned properties suitable for development.</text> </paragraph> <paragraph num="2."> <text>MDOT, with MEA, DNR, PPRP, and Commerce, shall participate in the study and shall seek market feedback through a request for information to identify properties of interest to the Utility companies.</text> </paragraph> <paragraph num="3."> <text>The study shall evaluate the existing and future planned uses of existing state-owned rights-of-way, including but not limited to Municipal Separate Storm Sewer System (MS4), pollinator program, solar siting, future project purposes, and existing safe work operations, to identify remaining potential excess lands that may be suitable for high-voltage transmission, distribution, and co-located energy infrastructure, including storage where appropriate.</text> </paragraph> <paragraph num="4."> <text>The Workgroup shall compare the potential excess lands with properties of interest with Utility companies to deliver a statewide inventory of state-owned rights-of-way suitable for high-voltage transmission, distribution, and co-located energy infrastructure, including storage where appropriate.</text> </paragraph> <paragraph num="5."> <text>The Workgroup shall consider mechanisms to encourage transmission developers to use suitable State-Owned Right-of-Way from the inventory for PJM Regional Transmission Expansion Plan (“RTEP”) projects.</text> </paragraph> <paragraph num="6."> <text>Applicable Agencies shall, in coordination with PSC Staff, propose fast-track permitting workflows for projects sited on state-owned ROW, maintaining strict environmental protections and community engagement requirements.</text> </paragraph> <paragraph num="7."> <text>Any recommendations from the Workgroup shall be subject to the Secretary of Transportation’s exclusive authority to approve or deny access to State-Owned Rights-of-Way.</text> </paragraph> </paragraph> <paragraph num="c."> <text>The Workgroup shall explore partnerships with nonprofit organizations to support its tasks and responsibilities set forth under this section.</text> </paragraph> <paragraph num="d."> <text>The Administration shall undertake best efforts to identify funding to support the whole-of-government implementation of initiatives in this section.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>To shift the state’s posture from reactive permitting to proactive deployment, the Power Plant Research Program is directed to establish a Site-Readiness Initiative (the “Initiative”) in coordination with the MEA, Commerce, MDE and the Department of Planning.</text> <paragraph num="1."> <text>The Energy Subcabinet shall establish an Energy Site-Readiness Workgroup to implement the Initiative.</text> </paragraph> <paragraph num="2."> <text>By November 1, 2027, the Initiative shall publish an inventory of previously disturbed land parcels which are pre-vetted as potentially suitable for rapid energy deployment.</text> <paragraph num="a."> <text>Priority shall be given to disturbed lands, including brownfields, closed mines, industrial zones, and parking canopies, to minimize impacts on agricultural or forested lands.</text> </paragraph> <paragraph num="b."> <text>For priority sites, the Agencies shall conduct preliminary environmental and interconnection feasibility assessments, subject to the availability of funding.</text> </paragraph> </paragraph> <paragraph num="3."> <text>To attract developers to these pre-vetted sites, Commerce, in consultation with the MEA, shall assemble site-specific offer packages that bundle state resources, including, but not limited to:</text> <paragraph num="a."> <text>Targeted grant funding for grid interconnection costs;</text> </paragraph> <paragraph num="b."> <text>Concessionary or other appropriate financing options through the Maryland Clean Energy Center (MCEC); and</text> </paragraph> <paragraph num="c."> <text>Technical assistance for workforce development and local community benefits agreements.</text> </paragraph> </paragraph> <paragraph num="4."> <text>To accelerate the timeline from lease to operation, the Power Plant Research Program shall streamline recommendations for a “Pre-Application Consultation” process for projects located on inventory sites.</text> <paragraph num="a."> <text>This process shall provide developers with a list of potential permits required and potential environmental hurdles before a Certificate of Public Convenience and Necessity (CPCN) application is filed.</text> </paragraph> <paragraph num="b."> <text>The Power Plant Research Program shall formalize recommendations to allow projects adhering to the “Smart Siting” criteria to be eligible for a “Critical Infrastructure Fast-Track” designation to prioritize executive agency permit review and establish concurrent agency processing.</text> </paragraph> </paragraph> <paragraph num="I."> <paragraph num="1."> <text>The MEA and the Public Service Commission, to the extent permitted by law, shall coordinate to advocate for market reforms at PJM Interconnection and the Federal Energy Regulatory Commission (FERC) that:</text> <paragraph num="a."> <text>Evaluate the reliability and clean attributes of Maryland’s state-supported resources;</text> </paragraph> <paragraph num="b."> <text>Reduce capacity market and transmission cost volatility for Maryland ratepayers; and</text> </paragraph> <paragraph num="c."> <text>Align regional planning and market rules with Maryland’s affordability, reliability, and climate goals.</text> </paragraph> </paragraph> <paragraph num="2."> <text>The Energy Subcabinet shall establish a Federal Opportunities Working Group to identify, track, and support competitive grant applications under the Infrastructure Investment and Jobs Act (IIJA), the Inflation Reduction Act (IRA), and other federal programs that align with the objectives of this Order and the State Energy Plan.</text> </paragraph> </paragraph> <paragraph num="J."> <paragraph num="1."> <text>All agencies shall implement this Order consistent with applicable law and subject to the availability of appropriations.</text> </paragraph> <paragraph num="2."> <text>Nothing in this Order directs the Public Service Commission’s adjudicatory decisions; requests for proceedings are recommendations to the Commission consistent with its independent authority.</text> </paragraph> <paragraph num="3."> <text>If any provision of this Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Order shall remain in effect to the extent possible without the invalid provision or application.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Executive Order" num=".28" heading="Establishing All-Payer Total Cost of Care Growth and Primary Care Investment Targets in Maryland"> <paragraph num="A."> <text>Establishing all-payer total cost of care and primary care investment targets.</text> <paragraph num="1."> <text>It is the policy of the State to address the rate of health care spending growth by establishing an all-payer total cost of care growth target annually starting in calendar year 2027 and each calendar year thereafter.</text> </paragraph> <paragraph num="2."> <text>It is the policy of the State to address primary care investment by establishing an all-payer primary care investment target annually starting in calendar year 2027 and each calendar year thereafter, informed by the recommendations in the report required under Chapter 667 of the Acts of 2022 and codified at §19-108.4 of the Health-General Article.</text> </paragraph> <paragraph num="3."> <text>These targets shall apply across all Maryland health care markets and populations.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Multi-Agency Regulatory Working Group, established by the Governor's Directive: Creation of Regulatory Working Group, issued September 23, 2025, shall:</text> <paragraph num="1."> <text>By no later than February 2026, initiate engagement with stakeholders to develop and advise on the development of the statewide all-payer total cost of care growth target;</text> </paragraph> <paragraph num="2."> <text>By no later than February 2026, initiate engagement with the Maryland Health Care Commission's Primary Care Investment Workgroup and other stakeholders to develop and advise on development of a primary care investment target;</text> </paragraph> <paragraph num="3."> <text>Update legislators on the development of the statewide all-payer total cost of care growth target and primary care investment target;</text> </paragraph> <paragraph num="4."> <text>Assess data assets and data authorities, including those held by the State-designated health information exchange, and determine which data can be utilized to assess performance relative to a target;</text> </paragraph> <paragraph num="5."> <text>Engage relevant regulated entities to assess data assets and furnish data required to assess performance relative to a target, within the limits of statutory authority;</text> </paragraph> <paragraph num="6."> <text>Establish and engage in data collection, verification, analysis, and reporting processes;</text> </paragraph> <paragraph num="7."> <text>Document a Statewide all-payer total cost of care growth target and primary care investment target methodology;</text> </paragraph> <paragraph num="8."> <text>Develop, in consultation with stakeholders, policies and strategies to support attainment of the all-payer total cost of care growth targets and primary care investment targets.</text> </paragraph> <paragraph num="9."> <text>Submit draft calendar year 2027—2030 all-payer total cost of care growth methodology and targets and primary care investment methodology and targets to the Governor no later than May 2026;</text> </paragraph> <paragraph num="10."> <text>Submit final calendar year 2027—2030 all-payer total cost of care growth methodology and targets and primary care investment methodology and targets to the Governor no later than September 2026;</text> </paragraph> <paragraph num="11."> <text>Starting in 2030 and applicable for all years thereafter, submit draft all-payer total cost of care growth targets and primary care investment targets to the Governor no later than May of calendar year preceding the target; and</text> </paragraph> <paragraph num="12."> <text>Starting in 2030, submit final all-payer total cost of care growth targets and primary care investment targets to the Governor no later than September of the calendar year preceding the target.</text> </paragraph> </paragraph> <paragraph num="C."> <text>General Provisions.</text> <paragraph num="1."> <text>This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.</text> </paragraph> <paragraph num="2."> <text>If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Executive Order" num=".29" heading="INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES [Developmentally Disabled Persons] (Amends Executive Order 01.01.1986.12)"> <paragraph num="1."> <paragraph num="(a)"> <text>DISABILITY RIGHTS MARYLAND, INC., DOING BUSINESS AS THE [The] Maryland Disabilities Law Center, Inc., a private, non-profit corporation incorporated under Maryland law, WAS DESIGNATED BY EXECUTIVE ORDERS 01.01.1977.07 AND 01.01.1986.12 AND CONTINUED TO BE [is] designated as the official agency, for purposes of 42 U.S.C. §15041 ET. SEQ. [Public Law 94-103], responsible for the implementation of the State system for the protection and advocacy of the rights of INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES [the developmentally disabled].</text> </paragraph> <paragraph num="(b)"> <text>DISABILITY RIGHTS MARYLAND, INC., [The Maryland Disabilities Law Center, Inc.], shall perform the functions, duties, and responsibilities authorized to be performed or specifically delegated to it by the “State of Maryland Plan for a System to Protect the Individual Rights of and to Advocate for Persons with Developmental Disabilities under 42 U.S.C. §15041 ET. SEQ. [Public Law 94-103].”</text> </paragraph> </paragraph> <paragraph num="2."> <text>AFTER DISABILITY RIGHTS MARYLAND'S DESIGNATION AS THE PROTECTION AND ADVOCACY SYSTEM FOR THE STATE OF MARYLAND IN EXECUTIVE ORDERS 01.01.1977.07 AND 01.01.1986.12, CONGRESS ESTABLISHED ADDITIONAL PROGRAMS TO CREATE AND FUND LEGAL ADVOCACY PROGRAMS FOR ADDITIONAL CATEGORIES OF INDIVIDUALS WITH DISABILITIES AND ISSUE AREAS. BASED ON THE DESIGNATION IN PARAGRAPH l(A) OF THIS ORDER, DISABILITY RIGHTS MARYLAND, INC. IS THE ELIGIBLE SYSTEM, AS DEFINED IN 42 U.S.C. §10802(2) AND 29 U.S.C. §794E(M)(I), RESPONSIBLE FOR IMPLEMENTATION OF THE STATE SYSTEM FOR PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH MENTAL ILLNESS (PAIMI) AND PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS (PAIR).</text> </paragraph> <paragraph num="3."> <text>[2.] The designation of DISABILITY RIGHTS MARYLAND, INC., [the Maryland Disabilities Law Center, Inc.,] as the official agency for purposes of 42 U.S.C §15041 ET. SEQ. [Public Law 94-103] shall continue unless amended, altered, or withdrawn by subsequent Executive Order.</text> </paragraph> </regulation> </chapter> <chapter num="2026" heading=""> <regulation prefix="Executive Order" num=".09" heading="Standards of Conduct for Executive Branch Employees Use of Confidential Information and Prediction Markets"> <paragraph num="A."> <text>The term "State employees" includes all Executive Branch employees, including political appointees, members of boards and commissions, and contractors and subcontractors of the State.</text> </paragraph> <paragraph num="B."> <text>State employees shall not engage in financial transactions, including transactions made on prediction markets, using nonpublic government information obtained through their State employment or contractual relationship with the State, to benefit themselves financially or to further any private interest.</text> </paragraph> <paragraph num="C."> <text>All departments and agencies shall immediately refer to the Principal Counsel or Assistant Attorney General of the department or agency or to the Deputy Attorney General with supervisory responsibility over the department or agency, any instance of a possible violation of this Executive Order or other unethical behavior, for such action as the Office of the Attorney General deems appropriate. All departments and agencies shall also immediately advise the Chief Legal Counsel to the Governor of any such referrals. D. Consistent with all applicable substantive and procedural laws, violation of this Executive Order is grounds for employee disciplinary action, including and up to termination from State employment and termination of any contractual relationship.</text> </paragraph> <annotations> <annotation type="History" subtype="Administrative History">Effective Date: April 24, 2026.</annotation> </annotations> </regulation> </chapter> </subtitle> <subtitle num="02" heading="Secretary of State"> <chapter num="01" heading="Lobbying Expense Report" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 21, 1975 (2:6 Md. R. 430)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective October 3, 1988 (15:20 Md. R. 2332)</annotation> </annotations> </chapter> <chapter num="02" heading="Disclosure by Persons Doing Public Business" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 6, 1975 (2:17 Md. R. 1185)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective October 3, 1988 (15:20 Md. R. 2332)</annotation> </annotations> </chapter> <chapter num="03" heading="Charitable Organizations: Procedural Regulations"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations apply to controversies and hearings arising under the Maryland Charitable Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>“Act” means the Maryland Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>“Day” means calendar day.</text> </paragraph> <paragraph num="C."> <text>“Party” means any person requesting a hearing and any person or agency having an interest in the outcome of a hearing.</text> </paragraph> <paragraph num="D."> <text>“Petitioner” means any person requesting a regulation change or a declaratory ruling.</text> </paragraph> <paragraph num="E."> <text>“Respondent” means any person requesting a hearing from the Secretary of State pursuant to Business Regulation Article, §6-205(g)(1), Annotated Code of Maryland, and following receipt of a cease and desist order issued by the Secretary of State or Attorney General as authorized by Business Regulation Article, §6-205(b)(2), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Petition for Adoption of Regulations."> <paragraph num="A."> <text>Who May File. Any interested person may file with the Secretary a petition requesting the promulgation, amendment, or repeal of any regulation.</text> </paragraph> <paragraph num="B."> <text>Form. The petition shall be in writing and shall contain the name, address, and telephone number of the petitioner. It shall also contain the proposed regulation change and a brief statement of reasons in support of the change.</text> </paragraph> <paragraph num="C."> <text>Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for their consideration and disposition. The Secretary shall mail promptly to each person requesting the promulgation, amendment, or repeal of any regulation a notice of filing indicating the date of receipt of the petition. Within 60 days of the receipt, the Secretary shall either deny the petition in writing and state the reasons for their denial, or institute appropriate regulation-promulgation procedures in accordance with the Administrative Procedure Act, and notify the petitioner in writing of this action.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Petition for Declaratory Ruling."> <paragraph num="A."> <text>Who May File. Any interested person may file with the Secretary a petition for a declaratory ruling with respect to the applicability of the Act or any regulation pertaining to the Act, to any person, property, or state of facts.</text> </paragraph> <paragraph num="B."> <text>Form. The petition shall be in writing. It shall contain a detailed statement of the facts underlying the questioned applicability of the regulation or the Act and shall pose the question of whether or in what manner the stated regulation or the Act applies to the facts contained in the petition. The petition shall also contain the name, address, and telephone number of the petitioner and a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of his knowledge, information, and belief.</text> </paragraph> <paragraph num="C."> <text>Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for their consideration and disposition. The Secretary shall mail promptly to each person requesting a declaratory ruling a notice of filing indicating the date of receipt of the petition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing within 30 days of the date of receipt of the petition of whatever action they decide to take and state the reasons for their decision.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Right to a Hearing."> <paragraph num="A."> <text>Who May Request a Hearing. Any person adversely affected by any action taken by the Secretary as a result of an investigation pursuant to Business Regulation Article, §6-205, Annotated Code of Maryland, is entitled to a hearing before the Secretary.</text> </paragraph> <paragraph num="B."> <text>Notice.</text> <paragraph num="(1)"> <text>Whenever the Secretary notifies a person that the Secretary has taken action which may adversely affect that person or that person's ability to engage in solicitation, the Secretary shall notify the person affected in writing of the right to request a hearing and of the method of making the request.</text> </paragraph> <paragraph num="(2)"> <text>This written notice shall:</text> <paragraph num="(a)"> <text>Advise the person of the right to be represented by counsel during the entire hearing process;</text> </paragraph> <paragraph num="(b)"> <text>Advise the person of the right to request a reasonable accommodation for a party, witness, or representative who cannot hear, speak, or understand the spoken or written English language;</text> </paragraph> <paragraph num="(c)"> <text>Advise the person that he or she may present documents and witnesses at the hearing; and</text> </paragraph> <paragraph num="(d)"> <text>Include a summary of the regulations relating to hearing procedures.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Request for Accommodations.</text> <paragraph num="(1)"> <text>Upon receipt of a request for accommodation, the Secretary of State’s Office shall provide a qualified interpreter during the proceeding in which the party, witness, or representative is participating.</text> </paragraph> <paragraph num="(2)"> <text>An interpreter shall take an oath or affirmation that the interpreter will accurately interpret the proceedings.</text> </paragraph> <paragraph num="(3)"> <text>If a party, witness, or representative requests an accommodation, the Office shall provide a reasonable accommodation as required by the Americans with Disabilities Act.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Requests for Hearings."> <text>Any person entitled to a hearing may file with the Secretary a petition requesting a hearing. The petition shall be filed within 30 days of the date of the Secretary's decision, failure to act, or other action. The Secretary shall mail promptly to each petitioner a notice indicating the date of receipt of the request.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Date of Hearing — Timing."> <paragraph num="A."> <text>Within 30 days after a request is submitted by a respondent, the Secretary of State shall hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>For all other hearing requests, the Secretary shall hold the hearing as promptly as possible and within a reasonable time of the date a request for a hearing is received.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Right to Counsel."> <text>Any party may appear in person or may be represented by counsel.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Consolidation of Requests for Hearings."> <text>The Secretary may consolidate requests for hearings, when the sole issue involved is one of policy, and hold a group hearing. In all group hearings, the procedures contained in these regulations shall be followed.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Prehearing Procedure."> <paragraph num="A."> <text>Notice of Hearings. The Secretary shall provide reasonable notice to a party of the date, time and place of a hearing. If the petitioner notifies the Secretary that the date designated is not convenient, the Secretary may designate another date which is convenient to the petitioner.</text> </paragraph> <paragraph num="B."> <text>Briefs. Each party may submit briefs containing arguments relating to the issues of fact and law involved in the hearing. If briefs are submitted, the party shall file five copies with the Secretary in a timely manner. The Secretary of State may, in certain circumstances, accept post-hearing briefs.</text> </paragraph> <paragraph num="C."> <text>Witnesses. At least 10 days before the hearing date, the petitioner shall notify the Secretary in writing of those employees of the Secretary whom the petitioner wishes to call as witnesses at the hearing and the reasons why they are being asked to testify. If the Secretary determines that the action or inaction of those employees is the basis of the hearing, the Secretary shall require their presence at the hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Hearing Procedure."> <paragraph num="A."> <text>Administrative Procedure Act. All hearings held pursuant to Business Regulation Article, Title 6, Annotated Code of Maryland, or these regulations shall be subject to the provisions of the Administrative Procedure Act.</text> </paragraph> <paragraph num="B."> <text>Parties. The Secretary, or the designee of the Secretary, shall permit any party to be present at the hearings.</text> </paragraph> <paragraph num="C."> <text>Presiding Officer. The Secretary, or the Secretary's designee, shall be the presiding officer and shall have complete charge of the hearing. The Secretary shall permit the examination of witnesses, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.</text> </paragraph> <paragraph num="D."> <text>Office of the Attorney General. The Secretary, or the Secretary's designee, may request the Attorney General's Office to participate in any hearing as counsel. Upon this request, counsel shall have all of the rights with regard to submission of evidence, examination and cross-examination of witnesses, filing of objections and motions, and presentation of oral argument as counsel for any party.</text> </paragraph> <paragraph num="E."> <text>Oath. All testimony taken by the Secretary shall be under oath. The oath shall be in the following form: “Do you solemnly swear or affirm under the penalties of perjury that the testimony you are about to give in the matter now pending before the Secretary shall be the truth, the whole truth, and nothing but the truth?”</text> </paragraph> <paragraph num="F."> <text>Rules of Evidence.</text> <paragraph num="(1)"> <text>The rules of evidence in all hearings held pursuant to the Act or these regulations shall be those set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Any party may submit evidence, examine and cross-examine witnesses, file objections and motions, and present oral argument. When a party is represented by counsel, the submission of evidence, examination and cross-examination of witnesses, filing of objections and motions, and presentation of oral argument shall be done solely by counsel.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary, or the Secretary's designee, may examine any witness called by any party. The Secretary, or the Secretary's designee, may call as a witness any person in attendance at the hearing.</text> </paragraph> <paragraph num="(4)"> <text>Subject to the requirements of Regulation .10C of this chapter, the petitioner shall have the right to call as a witness any employee of the Secretary whose action or inaction the petitioner is contesting. If the Secretary or the Secretary's counsel introduces as evidence documents filed by the petitioner or documents resulting from an investigation or other sources, the petitioner shall have the right to examine the documents and the person who prepared them, if that person prepared the documents at the request of the Secretary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Withdrawn or Abandoned Requests for Hearings."> <paragraph num="A."> <text>Withdrawn Requests for Hearings. A request for a hearing may be withdrawn in writing by the petitioner or their counsel at any time.</text> </paragraph> <paragraph num="B."> <text>Abandoned Requests for Hearings. The Secretary shall consider a request for a hearing abandoned if neither the petitioner nor the petitioner's counsel appears at the hearing.</text> </paragraph> <paragraph num="C."> <text>Denied or Dismissed Requests for Hearings. The Secretary shall deny or dismiss a request for a hearing if:</text> <paragraph num="(1)"> <text>It is withdrawn by the petitioner or the petitioner's counsel in writing;</text> </paragraph> <paragraph num="(2)"> <text>The petitioner dies, dissolves, or otherwise terminates the petitioner's activities; or</text> </paragraph> <paragraph num="(3)"> <text>It is abandoned.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Records."> <paragraph num="A."> <text>Preparation. The Secretary shall prepare an official stenographic record of the proceedings in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The record shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings. Any party requesting a typewritten transcript of the hearing, or part of it, is responsible for its cost.</text> </paragraph> <paragraph num="B."> <text>Availability. The record shall be available to each party or each party's counsel at any reasonable time for a period not to exceed 2 years or until all litigation involving the decision is ended, whichever date is later.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Decisions."> <paragraph num="A."> <text>Content and Distribution.</text> <paragraph num="(1)"> <text>Every final decision rendered by the Secretary shall be in writing and shall be accompanied by findings of fact and conclusions of law.</text> </paragraph> <paragraph num="(2)"> <text>The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary shall mail to each party or each party's counsel a copy of the decision and accompanying findings and conclusions within 30 days of the hearing.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Right to Judicial Review. The Secretary shall advise the petitioner in writing of the petitioner's right to judicial review.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 10, 1978 (5:3 Md. R. 134)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> </annotations> </chapter> <chapter num="04" heading="Charitable Organizations: Substantive Regulations"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>Terms defined in Business Regulation Article, §6-101, Annotated Code of Maryland, shall have the same meaning for the purposes of these regulations as they do in the Act.</text> </paragraph> <paragraph num="B."> <text>Terms defined in these regulations shall have the same meaning for the purposes of the Act as they do in these regulations.</text> </paragraph> <paragraph num="C."> <text>“Act” means Business Regulation Article, Title 6, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>Bona Fide Religious Organization.</text> <paragraph num="(1)"> <text>“Bona fide religious organization” means an organization established for religious purposes or an organization which serves religion by the fostering of religion, including the moral and ethical aspects of a particular faith.</text> </paragraph> <paragraph num="(2)"> <text>“Bona fide religious organization” includes an organization whose members or congregation are the primary source of revenue and whose purpose is an integral part of the membership's or congregation's mission.</text> </paragraph> </paragraph> <paragraph num="E."> <text>“Charitable organization affiliated with a State agency” means a charitable organization which engages in activities for the benefit of the State agency or to further the purposes of the State agency, or both, through the use of contributions solicited from the public.</text> </paragraph> <paragraph num="F."> <text>“Charitable purpose” means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, and civic and public interests.</text> </paragraph> <paragraph num="G."> <text>“Day” means calendar day.</text> </paragraph> <paragraph num="H."> <text>“Exempt filer” means a charitable organization that is required to file an annual fundraising notice and an IRS Form 990 pursuant to §6-407 of the Act, but is otherwise exempt from the registration and disclosure requirements of the Maryland Solicitations Act pursuant to §6-102(c) of the Act because the organization did not raise more than $25,000 in its most recently completed fiscal year or solicited for a named individual and the gross amount was delivered to the individual.</text> </paragraph> <paragraph num="I."> <text>“Feasibility study” means a study made by or on behalf of a charitable organization, before the undertaking of a fund-raising activity, for the purpose of determining whether the organization should undertake the activity. It does not include purchasing, preparing, testing, or revising mailing lists of potential contributors, or embarking on a new campaign different from previous campaigns.</text> </paragraph> <paragraph num="J."> <text>“Membership” means that for the payment of fees, dues, assessments, and similar obligations, an organization provides services and confers a bona fide right, privilege, professional standing, honor, or other direct benefit, in addition to the right to vote, elect officers, or hold office. It does not include those persons who are granted a membership solely on the basis of making a contribution as a result of solicitation. In the case of an accredited school, college, or university, the students, alumni, their parents, past and present board members, and school personnel shall be considered members of the organization.</text> </paragraph> <paragraph num="K."> <text>“Organization” means a charitable organization as defined by §6-101(d)(1)—(3) of the Act.</text> </paragraph> <paragraph num="L."> <text>“Religious purpose” means maintaining or propagating religion or supporting public religious services, according to the rites of particular denominations.</text> </paragraph> <paragraph num="M."> <text>“Secretary” means the Maryland Secretary of State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Responsibilities of Persons Regulated."> <paragraph num="A."> <text>Notice of Tax Deductibility.</text> <paragraph num="(1)"> <text>An organization shall advise its members of the amount, if any, of the membership fees, dues, fines, or assessments which the Internal Revenue Service does not consider tax deductible as a contribution.</text> </paragraph> <paragraph num="(2)"> <text>An organization shall advise each purchaser or contributor of the amount, if any, of the contribution which the Internal Revenue Service does not consider tax deductible.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Financial Management.</text> <paragraph num="(1)"> <text>A person shall establish a system of internal accounting controls which will provide reasonable assurance that all transactions have been properly executed and recorded.</text> </paragraph> <paragraph num="(2)"> <text>If an audit is required, the audit shall be made in accordance with generally accepted auditing standards and in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding period.</text> </paragraph> <paragraph num="(3)"> <text>The governing board of an organization may not permit the commingling of the organization's assets with those of any other person without establishing and maintaining adequate accounting controls over the ownership and use of the assets.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Submission of Fund-Raising Contracts. An organization using the services of a professional solicitor or fund-raising counsel shall submit with its registration and each annual report a copy of each fund-raising agreement.</text> </paragraph> <paragraph num="D."> <text>Identification of Alternate Names. A charitable organization which uses more than one name, or a name other than the name or names filed at the time of registration to solicit charitable contributions, shall include in their registration materials the name of the organization and any alternate names it uses or used in the previous year when soliciting contributions. An exempt filer which uses more than one name or a name other than the name or names filed in the most recently submitted annual fundraising notice shall include the name of the organization and any alternate names it uses or used in the previous year while soliciting contributions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Responsibilities of the Secretary."> <paragraph num="A."> <text>Notification to Persons Not Registered. The Secretary shall:</text> <paragraph num="(1)"> <text>Identify to the extent possible persons who have not registered and are subject to the provisions of the Act;</text> </paragraph> <paragraph num="(2)"> <text>Send to those identified the necessary forms and instructions and with instructions on how to access a copy of the Act and regulations; and</text> </paragraph> <paragraph num="(3)"> <text>Advise the person not in compliance of the person's unlawful solicitation and note that a failure to register may result in the institution of enforcement proceedings by the Secretary of State or Attorney General as set forth in §6-205 of the Act.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice of Annual Report Filing. The Secretary shall issue each registered charitable organization a report reminder notice 30 days before the charitable organization's annual report is due. Failure to receive the reminder does not affect the organization's responsibility to timely file the annual fiscal report.</text> </paragraph> <paragraph num="C."> <text>Notice of Annual Fundraising Notice. The Secretary shall issue each exempt filer a reminder 30 days before the organization’s annual fundraising notice is due. Failure to receive the reminder does not affect the exempt filer’s responsibility to timely file the annual fundraising notice.</text> </paragraph> <paragraph num="D."> <text>Substitution of Required Forms. If information asked for on any form required by the Maryland Solicitations Act or regulations promulgated by the Secretary of State pursuant to §6-204 of the Act is contained in any other written material, the Secretary may accept other material in hard copy or electronic form instead of the completed form.</text> </paragraph> <paragraph num="E."> <text>Extension of Time for Filing Annual Fiscal Reports. The Secretary may grant an organization an extension of time to file its annual report. The extension may not exceed the 15th day of the 11th month after the end of the charitable organization’s fiscal year.</text> </paragraph> <paragraph num="F."> <text>Incomplete Annual Fiscal Report. An organization’s annual fiscal report required by the Act to be filed with the Secretary under §6-408 of the Act which does not contain the requested information or is not accompanied by the required fee, if any, is incomplete. The Secretary shall notify the person who submitted the incomplete form of the incompleteness and of the items required to comply. The Secretary shall allow that person 60 days in which to comply before late fees shall be assessed pursuant to §6-407(c) of the Act.</text> </paragraph> <paragraph num="G."> <text>Incomplete Annual Fundraising Notice. If an exempt filer has failed to submit an annual fundraising notice due under §6-405 of the Act, or has filed an incomplete or incorrect annual fundraising notice, the Secretary may notify the exempt filer and identify each of the items required to comply. If an exempt filer has been so notified, the exempt filer shall submit the required documents within 30 days of the notice. A person so notified may request, in writing, additional time to comply</text> </paragraph> <paragraph num="H."> <text>Incomplete Application for Registration. For persons who have filed an incomplete application for registration under §6-404 of the Act, the Secretary may allow an additional 15 days from the date of the notice of an incomplete application in which to comply. A person so notified of an incomplete application for registration may request, in writing, an additional 30 days in which to comply.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Allocation of Expenses."> <paragraph num="A."> <text>Program Services Expenses.</text> <paragraph num="(1)"> <text>Program services expenses are activities which the organization was created to conduct and which form the basis for the organization's tax-exempt status. Each major program service shall be distinguishable from all other program services, and shall include activities, the costs of which can be practicably segregated and accounted for in the records of the organization.</text> </paragraph> <paragraph num="(2)"> <text>Examples of program services expenses include, but are not limited to, the following:</text> <paragraph num="(a)"> <text>Research;</text> </paragraph> <paragraph num="(b)"> <text>Public education;</text> </paragraph> <paragraph num="(c)"> <text>Professional education and training;</text> </paragraph> <paragraph num="(d)"> <text>Patient services; and</text> </paragraph> <paragraph num="(e)"> <text>Community services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The expenses of public education materials and activities, which include a specific appeal for financial support, may be jointly allocated with other functions according to the Financial Accounting Standard Board's Statement of Position 98-2 and any subsequent accounting guidance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Supporting Services Expenses. Supporting services expenses are the expenses related to the organization's auxiliary services that support program services. The expenses of supporting services shall be allocated between two classifications: management and general expenses, and fund-raising expenses.</text> </paragraph> <paragraph num="C."> <text>Management and General Expenses.</text> <paragraph num="(1)"> <text>Management and general expenses are the expenses which are not directly identifiable with any of the organization's program service activities or fund-raising activities but are indispensable to the conduct of each of them and to an organization's existence. They include expenditures for the overall direction of the organization, general record keeping, business management, general board activities, and related purposes.</text> </paragraph> <paragraph num="(2)"> <text>Examples of management and general expenses include, but are not limited to, the following:</text> <paragraph num="(a)"> <text>General board and committee meetings;</text> </paragraph> <paragraph num="(b)"> <text>Executive direction;</text> </paragraph> <paragraph num="(c)"> <text>General staff meetings;</text> </paragraph> <paragraph num="(d)"> <text>Office management;</text> </paragraph> <paragraph num="(e)"> <text>Accounting, auditing, and budgeting;</text> </paragraph> <paragraph num="(f)"> <text>Legal services;</text> </paragraph> <paragraph num="(g)"> <text>Personnel procurement;</text> </paragraph> <paragraph num="(h)"> <text>Purchasing and distribution of materials unrelated to fund-raising activities;</text> </paragraph> <paragraph num="(i)"> <text>Receptionist, switchboard, mail distribution, filing, and other central services;</text> </paragraph> <paragraph num="(j)"> <text>Administrative reporting;</text> </paragraph> <paragraph num="(k)"> <text>Legal and accounting services generated by papers required to be filed by the Act;</text> </paragraph> <paragraph num="(l)"> <text>Fees required by the Act; and</text> </paragraph> <paragraph num="(m)"> <text>Organization and procedure studies.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the chief officer or any member of his staff spends a portion of his time directly supervising fund raising or program service activities, his salary and expenses shall be prorated among those activities. If the chief officer or any member of his staff spends all of his time supervising the overall direction of the organization, his salary and expenses shall be management and general expense.</text> </paragraph> <paragraph num="(4)"> <text>Direct supervision of program services and of fund raising shall be allocated to those activities and not to the management and general activities.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Fund-Raising Expenses.</text> <paragraph num="(1)"> <text>Fund-raising expenses are the expenses of those activities of which the intent and purpose is an appeal for financial support or the solicitation of funds. They include expenditures for activities that constitute an integral and inseparable part of an appeal for financial support.</text> </paragraph> <paragraph num="(2)"> <text>Examples of fund-raising expenses include, but are not limited to, the following:</text> <paragraph num="(a)"> <text>Transmitting appeals for contributions to the public;</text> </paragraph> <paragraph num="(b)"> <text>Salaries of personnel associated with campaigns or other solicitations;</text> </paragraph> <paragraph num="(c)"> <text>Fund-raising services and materials received from affiliates;</text> </paragraph> <paragraph num="(d)"> <text>Publicizing fund-raising campaigns and special events (for example, by paid public relations counselors, by printed, radio, and TV material; in meetings with potential contributors; through campaign “kick-off” dinners);</text> </paragraph> <paragraph num="(e)"> <text>Conducting fund-raising campaigns, including the services of fund-raising consultants and professional solicitors; purchasing, preparing, maintaining, and revising mailing lists; recruiting and training volunteer solicitors and other campaign personnel; soliciting in person or by mail; acquiring and distributing of seals and other enclosures with appeals for contributions, campaign kits, coin containers, and other fund-raising materials; and maintaining fund-raising records;</text> </paragraph> <paragraph num="(f)"> <text>Participation in local federated and governmental fund-raising campaigns, including attendance at pre-campaign budget reviews;</text> </paragraph> <paragraph num="(g)"> <text>Participation in fund-raising special events by employees of the organization benefited;</text> </paragraph> <paragraph num="(h)"> <text>Solicitation of bequests, foundation grants, and other special gifts (for example, from corporations, from affluent individuals);</text> </paragraph> <paragraph num="(i)"> <text>Clinics, workshops, and other activities for improving fund-raising techniques;</text> </paragraph> <paragraph num="(j)"> <text>Preparation and distribution of fund-raising manuals and instructions;</text> </paragraph> <paragraph num="(k)"> <text>Feasibility studies;</text> </paragraph> <paragraph num="(l)"> <text>Goods, food, entertainment, or drink sold or provided in connection with an appeal for contributions; and</text> </paragraph> <paragraph num="(m)"> <text>Postage and printing expenses incurred in connection with an appeal for contributions.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An organization shall allocate to fund-raising expenses an appropriate portion of the salaries of regular staff members who devote time to record keeping relating to fund-raising activities whether during a campaign period or other period of solicitation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Additional Financial Information. The Secretary of State may require charitable organizations to provide additional financial information pertaining to the allocation of expenses.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Repealed." /> <regulation prefix="Regulation" num=".06" heading="Payments for Property Sold or Services Rendered."> <text>If an organization implies or states that payments for property sold or services rendered by the organization will be used in whole or in part for charitable purposes, the act of selling property or rendering services shall be a solicitation, and all the payments shall be contributions.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Declaratory Rulings as to Status."> <text>An organization uncertain of its status under that Act may request a declaratory ruling from the Secretary in accordance with COMAR 01.02.03.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Repealed." /> <regulation prefix="Regulation" num=".09" heading="Determination of Charitable Purpose."> <paragraph num="A."> <text>Charitable Purpose and Noncharitable Purposes. An organization's governing instrument, actions, deeds, oral statements and written materials shall be used to determine whether the organization has a charitable purpose.</text> </paragraph> <paragraph num="B."> <text>Solicitations. If a solicitation reflects both the charitable and noncharitable purposes of the organization, the proceeds of the entire solicitation shall be designated for charitable purposes.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Method of Delivery of Required Forms and Other Written Materials."> <paragraph num="A."> <text>Mailing Address. The official mailing address of the Secretary for delivery and receipt of any mail, information, filings, registrations, applications, or other material required by the Act or regulations promulgated by the Secretary of State pursuant to §6-204 of the Act is: Office of the Secretary of State, Charitable Organizations Division, 16 Francis Street, Annapolis, MD 21401.</text> </paragraph> <paragraph num="B."> <text>Electronic Submission. The Secretary may accept forms or other written materials required by the Act or regulations promulgated by the Secretary of State pursuant to §6-204 of the Act, by electronic transmission. The Secretary may specify or adopt additional forms or electronic filing requirements.</text> </paragraph> <paragraph num="C."> <text>The signature of a person signing forms or other materials required by the Act or regulations promulgated by the Secretary of State pursuant to §6-204 of the Act shall be an original or electronic signature acceptable to the Secretary under Commercial Law Article, §21-117, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Consolidated Filings."> <text>An organization which files a consolidated registration statement on behalf of its Maryland chapters, branches, or affiliates, shall state separately the names and addresses of those organizations included in the consolidated filing.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Federated Fund-Raising Organizations."> <text>A federated fund-raising organization shall state the names and addresses of its member agencies in its registration statement.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Employee of a Charitable Organization."> <text>In determining whether an individual is an employee of an organization, a professional solicitor, or a fund-raising counsel, the payment of payroll taxes on behalf of the individual and reporting the payments, salaries, or fees as income for the individual to the Internal Revenue Service is evidence that an employer-employee relationship exists. The Secretary may require proof that these are being reported to the Internal Revenue Service.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Repealed." /> <regulation prefix="Regulation" num=".15" heading="Complaints."> <paragraph num="A."> <text>Complaints alleging a violation of the Act or these regulations may be filed with the Secretary.</text> </paragraph> <paragraph num="B."> <text>A complaint shall:</text> <paragraph num="(1)"> <text>Be in writing;</text> </paragraph> <paragraph num="(2)"> <text>State the name, address, and telephone number of the complainant;</text> </paragraph> <paragraph num="(3)"> <text>State to the extent possible the nature of the alleged violation, the date of occurrence, and the name of each person involved;</text> </paragraph> <paragraph num="(4)"> <text>Include to the extent possible any materials distributed by the alleged violator; and</text> </paragraph> <paragraph num="(5)"> <text>Include any other information which the complainant believes useful to sustaining the complaint.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Disclosure of Information."> <text>The Secretary may request additional information which relates to a true and full disclosure of facts affecting a person's past or impending solicitation or practices, to aid the Secretary in the administration of the Act.</text> </regulation> <regulation prefix="Regulation" num=".17" heading="Repealed." /> <regulation prefix="Regulation" num=".18" heading="Repealed." /> <regulation prefix="Regulation" num=".19" heading="Prohibited Acts."> <paragraph num="A."> <text>Closely Related Names. A person may not use a name, symbol, or statement so closely related to that used by a charitable organization or governmental agency that the use would tend to confuse or mislead the public.</text> </paragraph> <paragraph num="B."> <text>Restrictions on Use of Name. A person may not use a name implying an activity in any field of law enforcement, public safety, fire fighting, or emergency services unless a majority of the members of the organization are actively engaged in that field.</text> </paragraph> <paragraph num="C."> <text>Unordered Goods. A person who sends unordered goods, printed materials, or pamphlets to prospective contributors or purchasers may not request the return of these items or refer to the unordered items in an attempt to induce the prospective contributor or purchaser to make a contribution.</text> </paragraph> <paragraph num="D."> <text>Duplicate Tickets. A person selling seats in connection with a charitable solicitation may not sell duplicate tickets for the same seat.</text> </paragraph> <paragraph num="E."> <text>A person may not, in connection with the solicitation of contributions, make any false or misleading oral or written statement or other representation which has the capacity, tendency, or effect of deceiving or misleading the person solicited.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Professional Solicitors' and Fund-Raising Counsel's Contracts."> <paragraph num="A."> <text>The Secretary of State shall make a determination that a contract between a professional solicitor or fund-raising counsel and a charitable organization does or does not comply with Maryland law within 30 days of the filing of the contract with the Secretary of State. Upon notification that a contract does not comply with the Maryland law, a new contract or contract addendum addressing the provisions not in compliance shall be executed and filed with the Secretary of State.</text> </paragraph> <paragraph num="B."> <text>An application to register as a professional solicitor or fund-raising counsel shall be accompanied by a sample copy of the contract into which the professional solicitor or fund-raising counsel intends to enter with charitable organizations. The sample copy shall be completed to the extent necessary to disclose compensation and otherwise comply with Maryland law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20-1" heading="Charitable Organizations Affiliated with State Agencies."> <paragraph num="A."> <text>A charitable organization affiliated with a State agency that is required to register with the Secretary of State as a charitable organization shall file with its registration statement and with each annual report an audit prepared in accordance with generally accepted auditing standards if it is required to do so under §6-402(b)(7)(i) of the Act.</text> </paragraph> <paragraph num="B."> <text>The auditor's opinion shall state whether the financial statements present fairly the financial position of the charitable organization affiliated with a State agency and the results of its operations and changes in fund balance for the year then ended, in conformity with generally accepted accounting principles.</text> </paragraph> <paragraph num="C."> <text>The auditor shall give an agreed-upon procedures report describing the procedures performed and shall make a finding with respect to each of the following items, stating whether anything came to the attention of the auditor which would cause the auditor to have an adverse opinion as to each item:</text> <paragraph num="(1)"> <text>Whether the unrestricted resources of the organization were used in accordance with its purposes as stated in its charter, its bylaws, and the actions of its governing board;</text> </paragraph> <paragraph num="(2)"> <text>Whether restricted gifts or grants have been properly segregated and used in accordance with the restrictions or designations imposed by the donor or grantor;</text> </paragraph> <paragraph num="(3)"> <text>Whether all restricted funds are reported clearly as such;</text> </paragraph> <paragraph num="(4)"> <text>Whether the organization is in compliance with agreements between the organization and its affiliated State agency, particularly as they relate to money due the State agency from the private foundation;</text> </paragraph> <paragraph num="(5)"> <text>Whether the organization’s expenditures and activities are in compliance with the Internal Revenue Code, the Maryland Solicitations Act under Business Regulation Article, Title 6, Annotated Code of Maryland, and other federal, State, and local laws governing financial matters;</text> </paragraph> <paragraph num="(6)"> <text>Whether securities owned by the organization are in existence and adequately accounted for;</text> </paragraph> <paragraph num="(7)"> <text>Whether purchases and sales of securities were properly authorized;</text> </paragraph> <paragraph num="(8)"> <text>Whether investment income and gains or losses have been recorded in the appropriate fund;</text> </paragraph> <paragraph num="(9)"> <text>Whether adequate internal controls are in place to provide reasonable satisfaction that the amounts reported as contributions are not materially misstated;</text> </paragraph> <paragraph num="(10)"> <text>Whether adequate internal controls are in place to provide reasonable satisfaction that expenditures are properly classified; and</text> </paragraph> <paragraph num="(11)"> <text>Whether grants by the organization have been authorized by the governing board and procedures have been established to ascertain whether the grants made have been expended for their intended purposes.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the auditor is unable to render an unqualified opinion regarding the financial statements of the organization or for any item in §B of this regulation, the auditor shall inform the organization in writing of recommendations for corrective action.</text> </paragraph> <paragraph num="E."> <text>The auditor's written recommendations for corrective action shall be filed by the organization with its affiliated State agency and with the Secretary of State.</text> </paragraph> <paragraph num="F."> <text>Review of Auditor's Recommendations.</text> <paragraph num="(1)"> <text>The Secretary of State shall review the auditor's recommendations and determine whether:</text> <paragraph num="(a)"> <text>Further auditing or other investigation is necessary; and</text> </paragraph> <paragraph num="(b)"> <text>Action shall be taken based on the auditor's recommendations and any investigation conducted.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Secretary of State may take one or more of the following actions based on the auditor's report or recommendations:</text> <paragraph num="(a)"> <text>Require the organization to take corrective action;</text> </paragraph> <paragraph num="(b)"> <text>Require the organization to report on corrective action taken within a certain time;</text> </paragraph> <paragraph num="(c)"> <text>Delay the registration or renewal of the organization;</text> </paragraph> <paragraph num="(d)"> <text>Refer the matter to the Attorney General for civil enforcement; and</text> </paragraph> <paragraph num="(e)"> <text>Refer the matter to the appropriate State's attorney for prosecution.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Penalties."> <text>A person who violates these regulations is subject to the penalties contained in Business Regulation Article, §6-619, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".22" heading="Late Fee Waiver or Suspension."> <paragraph num="A."> <text>A charitable organization may request the Secretary of State to waive or suspend a late fee.</text> </paragraph> <paragraph num="B."> <text>A request to waive or suspend a late fee must:</text> <paragraph num="(1)"> <text>Be in writing;</text> </paragraph> <paragraph num="(2)"> <text>Explain the cause or causes of the charitable organization’s late filing; and</text> </paragraph> <paragraph num="(3)"> <text>To the extent such late filing was reasonably preventable, explain what has been or will be done to prevent future late filings.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In addition to the written request submitted in accordance with §B of this regulation, the Secretary of State may consider, among other factors and without limitation, the following when determining whether to grant a request to waive or suspend some or all of a late fee:</text> <paragraph num="(1)"> <text>Whether the charitable organization has submitted all required outstanding annual reports to the Secretary of State;</text> </paragraph> <paragraph num="(2)"> <text>Whether the charitable organization’s registration history includes previous late filings;</text> </paragraph> <paragraph num="(3)"> <text>Whether the charitable organization already paid some of the late fee;</text> </paragraph> <paragraph num="(4)"> <text>Whether the charitable organization previously asked for and was granted a late fee waiver or suspension; and</text> </paragraph> <paragraph num="(5)"> <text>Whether the charitable organization has the ability to pay the late fee.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the Secretary of State makes a determination to waive or suspend some of the late fee, the charitable organization must pay any remaining late fee within 30 days of notification of the Secretary’s decision.</text> </paragraph> <paragraph num="E."> <text>Failure of a charitable organization to fully comply after being granted partial waiver or suspension of a late fee will result in revocation of the late fee waiver or suspension.</text> </paragraph> <paragraph num="F."> <text>A partial or complete denial of a late fee waiver or suspension request is not an adverse action under COMAR 01.02.03.05.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Business Regulation Article, §6-204, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 10, 1978 (5:3 Md. R. 134)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)</annotation> </annotations> </chapter> <chapter num="05" heading="Access to Public Records"> <regulation prefix="Regulation" num=".01" heading="General."> <text>These regulations set out the procedures for the filing of requests with the Secretary of State for the inspection and copying of records under State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Secretary to facilitate public access to the records of the office when this access is allowed by law by minimizing costs and time delays to persons requesting information.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means the provisions of State Government Article, §§10-611—10-628, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Applicant” means a person or governmental unit that asks to inspect a public record.</text> </paragraph> <paragraph num="(3)"> <text>“Office” means the Office of the Secretary of State.</text> </paragraph> <paragraph num="(4)"> <text>“Office custodian”, or “custodian”, means the Secretary of State or the Secretary's designee who has physical custody and control of a public record.</text> </paragraph> <paragraph num="(5)"> <text>“Official custodian” means the Secretary of State.</text> </paragraph> <paragraph num="(6)"> <text>Public Record.</text> <paragraph num="(a)"> <text>“Public record” means the original or any copy of any documentary material that:</text> <paragraph num="(i)"> <text>Is made by a unit or instrumentality of the State government or of a political subdivision or received by the unit or instrumentality in connection with the transaction of public business; and</text> </paragraph> <paragraph num="(ii)"> <text>Is in any form, including a card, computerized record, correspondence, drawing, film or microfilm, form, map, photograph or photostat, recording, or tape.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Public record” includes a document that lists the salary of an employee of a unit or instrumentality of the State government or of a political subdivision.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Secretary” means the Secretary of State of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Working day” means every day except Saturdays, Sundays, and holidays, between the hours of 9 a.m. and 5 p.m.</text> </paragraph> <paragraph num="(9)"> <text>“Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, or other documentary materials, regardless of physical form or characteristics.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Who May Request."> <text>A person or governmental unit may request to inspect or copy any public record that is in the custody and control of the Office.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Necessity for Written Request."> <text>The custodian shall make public records available for inspection by an applicant without demanding a written request. However, a written request shall be required when the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or when the custodian believes that a written request will materially assist the Office in responding to the request. An applicant furnished a copy of any record may be required to provide the Office with a receipt for materials provided.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Contents of Written Request."> <text>A written request shall contain the applicant's name and address, be signed and dated by the applicant, and shall reasonably identify by brief description the record sought.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Filing the Request."> <text>A written request for a record in the custody and control of the Office shall be addressed to the custodian of the record. If the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Response to Request."> <paragraph num="A."> <text>Within 10 working days of the receipt of the written request, the Office custodian shall respond to the written request for a record. This time period period may be extended for a period not to exceed an additional 20 working days if the custodian notifies the applicant in writing that the additional time is needed to respond to the request.</text> </paragraph> <paragraph num="B."> <text>If the custodian denies the person access to a requested record or any portion of it, the custodian shall provide the applicant, within 10 working days of the denial, with a written statement of the grounds for the denial, which shall cite the statute or regulation under which access is denied, and remedies available for review of the denial under the Act or this chapter.</text> </paragraph> <paragraph num="C."> <text>Any reasonably severable portion of a record shall be provided to the applicant after deletion of those portions which may be withheld from disclosure.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Notification of Persons Who May Be Affected by Disclosure."> <text>Unless prohibited by law, the Office custodian may notify any person who could be adversely affected by disclosure of a record to the applicant, that a request for inspection or copying of a record has been made. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Records Not in the Custody and Control of the Person Receiving the Request."> <text>If a requested public record is not in the custody or control of the person to whom written application is made, the person shall notify the applicant of this fact within 10 working days of the receipt of the request, and if known, the custodian of the record and the location of the record.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Records Temporarily Unavailable."> <text>If the public record requested is in the custody and control of the person to whom written application is made, but is not immediately available for inspection or copying, the custodian shall notify the applicant of this fact within 10 working days of the receipt of the request and shall set a date and hour within a reasonable time at which date and time the custodian shall make the record available to the applicant for inspection or copying.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Records Destroyed or Lost."> <text>If the requested record has been destroyed or lost, the custodian to whom the application is made shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the reasons or circumstances which led to the custodian's inability to produce the record.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Review of the Denial."> <text>If the written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Disclosure Against Public Interest."> <text>If, in the opinion of the official custodian, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing. In these cases, the official custodian shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting him to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the applicant by the Office custodian in the same manner provided for service of process by the Maryland Rules of Procedure.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Fees."> <paragraph num="A."> <text>Fee Schedule.</text> <paragraph num="(1)"> <text>The charge for each copy is 30 cents per page. However, when records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the charge for reproducing the record will be determined on a case-by-case basis at actual cost.</text> </paragraph> <paragraph num="(2)"> <text>Charges may also be made for all postage and other mailing costs.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act, the specific fee contained in that law shall determine the amount charged for that record.</text> </paragraph> <paragraph num="C."> <text>If the custodian is unable to copy a record within the Office, he shall make arrangements for the prompt reproduction of the record at public or private facilities. The custodian shall collect from the applicant a fee that will be determined on the basis of actual cost.</text> </paragraph> <paragraph num="D."> <text>Instead of collecting a fee from the applicant, the Office may allow the applicant to pay it directly to the public or private facility making the copy, printout, or photograph of the file.</text> </paragraph> <paragraph num="E."> <text>Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain agreement of the applicant that the cost shall be paid. The custodian may demand prepayment of any estimated fee before reproducing the record.</text> </paragraph> <paragraph num="F."> <text>If the applicant requests the custodian to waive or reduce any fee charged pursuant to this chapter (for example, if the applicant asserts an inability to pay), the custodian may waive or reduce the fee after determining that the waiver or reduction is in the public interest.</text> </paragraph> <paragraph num="G."> <text>Providing Lists.</text> <paragraph num="(1)"> <text>The Secretary may provide lists of public information in the records maintained by the Office to those persons who request them but may not provide a notary public list under this section for the purpose of telephone solicitation.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary shall charge a reasonable fee, not less than the cost of producing the list and not less than 5 cents per entry, for any list furnished under this section.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary may charge a reduced fee to persons requesting a list for governmental or not-for-profit purposes.</text> </paragraph> <paragraph num="(4)"> <text>A person furnished any information under this section may not distribute or otherwise use the information for any purpose other than that for which it was furnished.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Time of Inspection."> <text>An applicant may inspect any public record during the normal working hours of the Office.</text> </regulation> <regulation prefix="Regulation" num=".16" heading="Place of Inspection."> <text>The place of inspection shall be the place where the document is located unless the custodian determines that another place of inspection is more suitable and convenient after taking into account the applicant's expressed wish.</text> </regulation> <annotations> <annotation type="Authority">State Government Article, §10-613, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 31, 1981 (8:17 Md. R. 1419)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)</annotation> </annotations> </chapter> <chapter num="06" heading="Condominiums and Cooperatives: Income Eligibility"> <regulation prefix="Regulation" num=".01" heading="Income Eligibility Figures Applicable to Condominium Conversions in Maryland."> <paragraph num="A."> <text>Pursuant to the provisions of the Real Property Article, §11-137, Annotated Code of Maryland, and Corporations and Associations Article, §5-6B-07, income eligibility figures have been prepared to assist in the determination of “designated households” within the meaning of these sections.</text> </paragraph> <paragraph num="B."> <text>A county or incorporated municipality which is located within a Standard Metropolitan Statistical Area (SMSA) may, by ordinance or resolution, adopt the income eligibility figure applicable to the county or to the SMSA.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Table of Median Income Figures."> <text>The income eligibility figures which appear below represent 80 percent of the median household income for each county and metropolitan statistical area (MSA) in the State.</text> <text>Income Eligibility for 2007</text> <text>Median HouseholdIncome of the County Income EligibilityFigure (80% of theCounty Median Income) Median HouseholdIncomeof the Region Income EligibilityFigure(80% of the Region) BALTIMORE REGION Anne Arundel $79,950 $63,960 $66,050 $52,840 Baltimore City $37,850 $30,280 $66,050 $52,840 Baltimore County $63,150 $50,520 $66,050 $52,840 Carroll County $75,050 $60,040 $66,050 $52,840 Harford County $74,600 $59,680 $66,050 $52,840 Howard County $93,050 $74,440 $66,050 $52,840 WASHINGTON SUBURBAN REGION Frederick County $80,650 $64,520 $82,500 $66,000 Montgomery County $87,500 $70,000 $82,500 $66,000 Prince George's County $70,250 $56,200 $82,500 $66,000 SOUTHERN MARYLAND REGION Calvert County $87,400 $69,920 $77,050 $61,640 Charles County $78,450 $62,760 $77,050 $61,640 St. Mary's County $63,200 $50,560 $77,050 $61,640 WESTERN MARYLAND REGION Allegany County $38,400 $30,720 $48,000 $38,400 Garrett County $40,850 $32,680 $48,000 $38,400 Washington County $51,650 $41,320 $48,000 $38,400 UPPER EASTERN SHORE REGION Caroline County $47,200 $37,760 $61,800 $49,440 Cecil County $62,100 $49,680 $61,800 $49,440 Kent County $49,750 $39,800 $61,800 $49,440 Queen Anne's County $73,800 $59,040 $61,800 $49,440 Talbot County $54,350 $43,480 $61,800 $49,440 LOWER EASTERN SHORE REGION Dorchester County $42,500 $34,000 $48,700 $38,960 Somerset County $35,250 $28,200 $48,700 $38,960 Wicomico County $47,350 $37,880 $48,700 $38,960 Worcester County $53,100 $42,480 $48,700 $38,960</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Table of Uncapped Low Income Limits as Adjusted for Family Size."> <text>The uncapped low income limits as adjusted for family size calculated by the U.S. Department of Housing and Urban Development for assisted housing programs appear below. Since the U.S. Department of Housing and Urban Development only adopts uncapped low income limits as adjusted for family size for the Washington, D.C. area, only the Maryland counties included in the Washington, D.C. area can adopt the figures.</text> <text>HUD Family size adjustments</text> <text>Uncapped FY 2005 Low Income Limits FMR AREA State FY 2005 Median Family Income FY 2005 Four - Person Low - Income 1- Person 2- Persons 3- Persons 4- Persons 5- Persons 6- Persons 7- Persons 8- Persons Washington D.C. $89,300 $58,000 $50,000 $57,200 $64,300 $71,400 $77,200 $82,900 $88,600 $94,300</text> </regulation> <annotations> <annotation type="Authority">Real Property Article, §11-137; Corporations and Associations Article, §5-6B-07; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 22, 1982 (9:23 Md. R. 2255)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective December 11, 2000 (27:24 Md. R. 2198)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective November 2, 1985 (12:25 Md. R. 2467); adopted permanently effective February 10, 1986 (13:3 Md. R. 270)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 26, 1987 (14:2 Md. R. 126); May 30, 1988 (15:11 Md. R. 1329); April 17, 1989 (16:7 Md. R. 811); June 25, 1990 (17:12 Md. R. 1493); April 1, 1991 (18:6 Md. R. 684); April 13, 1992 (19:7 Md. R. 743); April 12, 1993 (20:7 Md. R. 639); May 23, 1994 (21:10 Md. R. 840); April 10, 1995 (22:7 Md. R. 534); June 17, 1996 (23:12 Md. R. 868); July 13, 1997 (24:14 Md. R. 1013); May 18, 1998 (25:10 Md. R. 745); July 26, 1999 (26:15 Md. R. 1147); August 7, 2000 (27:15 Md. R. 1399); August 20, 2001 (28:16 Md. R. 1481); December 12, 2002 (29:24 Md. R. 1917); February 14, 2005 (32:3 Md. R. 288)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective January 2, 2006 (32:26 Md. R. 1995)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective January 29, 2007 (34:2 Md. R. 137)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective June 2, 2008 (35:11 Md. R. 1042)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective September 25, 2006 (33:19 Md. R. 1558)</annotation> </annotations> </chapter> <chapter num="07" heading="Raffles of Real Property"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following words have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Bona fide charitable organization” or “charitable organization” means a nonprofit organization that:</text> <paragraph num="(a)"> <text>Is established for benevolent, charitable, educational, eleemosynary, humane, patriotic, philanthropic, or religious purposes; and</text> </paragraph> <paragraph num="(b)"> <text>To the extent required by Business Regulation Article, Title 6, Annotated Code of Maryland, is currently registered with the Secretary of State or is exempt from registration.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Bona fide charitable organization” or “charitable organization” does not include a political party, political committee, or political club.</text> </paragraph> <paragraph num="(3)"> <text>“Person” means any individual or any partnership, firm, association, corporation, or other entity.</text> </paragraph> <paragraph num="(4)"> <text>“Raffle” means:</text> <paragraph num="(a)"> <text>A drawing made from a single series of chances that are sold, for money or other valuable consideration, by means of chance books, pursuant to which drawing a winner is selected to receive a prize or award consisting of real property; or</text> </paragraph> <paragraph num="(b)"> <text>Any undertaking to advertise the holding of a raffle or the sale of raffle chances.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Real property” means:</text> <paragraph num="(a)"> <text>Land or any interest in land; and</text> </paragraph> <paragraph num="(b)"> <text>That which is affixed to the land.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="General."> <paragraph num="A."> <text>Only a bona fide charitable organization may conduct a raffle of real property under authority of Criminal Law Article, §12-106, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>A charitable organization may not sell, advertise for sale, or offer for sale in this State any chance for a raffle of real property except in accordance with this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Required Permits and Filings."> <paragraph num="A."> <text>Before a charitable organization may advertise or conduct a raffle or real property in this State, the charitable organization shall:</text> <paragraph num="(1)"> <text>Obtain any applicable license or permit to conduct a raffle from the political subdivision of this State in which the real property to be raffled is located;</text> </paragraph> <paragraph num="(2)"> <text>At least 10 business days before the charitable organization advertises the raffle or sells any chance, file a disclosure statement with the Secretary of State on the form provided by the Secretary of State for that purpose; and</text> </paragraph> <paragraph num="(3)"> <text>Before the submission of a disclosure statement for any raffle in a calendar year, satisfy the requirements of this chapter for all prior raffles in the calendar year.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The disclosure statement shall include, but not be limited to, the following information:</text> <paragraph num="(1)"> <text>The name and address of the charitable organization that is conducting the raffle;</text> </paragraph> <paragraph num="(2)"> <text>The address of the real property to be raffled and a brief description of that property;</text> </paragraph> <paragraph num="(3)"> <text>The date and time the charitable organization will select the winner of the raffle, and the location of the drawing;</text> </paragraph> <paragraph num="(4)"> <text>The amount of consideration to be paid for each chance;</text> </paragraph> <paragraph num="(5)"> <text>A good faith estimate of the current fair market value of the property to be raffled and, if applicable, a photocopy of the appraisal required by Regulation .04B of this chapter;</text> </paragraph> <paragraph num="(6)"> <text>The amount and nature of all liens or encumbrances on the property, if any, that will remain the responsibility of the winner on transfer of the property to the winner;</text> </paragraph> <paragraph num="(7)"> <text>A good faith estimate of the amount of the closing costs, if any, that the winner will have to pay to acquire title to the property;</text> </paragraph> <paragraph num="(8)"> <text>The name, business and home addresses, and business and home telephone numbers of an authorized representative of the charitable organization conducting the raffle;</text> </paragraph> <paragraph num="(9)"> <text>A photocopy of all agreements between the charitable organization and the party that sold or is selling the real property to the charitable organization, which shall evidence the charitable organization's title to the real property and reflect the purchase price paid or to be paid by the charitable organization for that property;</text> </paragraph> <paragraph num="(10)"> <text>A photocopy or sample of the chance tickets to be sold; and</text> </paragraph> <paragraph num="(11)"> <text>The conditions, if any, under which the charitable organization reserves the right to cancel the raffle, together with a description of the method by which the charitable organization will refund the purchase price paid for any chances bought before cancellation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Requisite Title to Property."> <paragraph num="A."> <text>Before a charitable organization may advertise or conduct a raffle of real property in this State, the charitable organization shall own at least equitable title to the real property to be raffled.</text> </paragraph> <paragraph num="B."> <text>If the charitable organization has obtained or will obtain equitable or other title to the real property pursuant to a conditional sales agreement, an option, or any similar arrangement that is in any way dependent or conditioned on the actual holding of or the outcome of the raffle, the purchase price to be paid by the charitable organization for the real property may not exceed the current fair market value of the property, as evidenced by a bona fide independent appraisal of the property made within 90 days preceding the date on which the drawing is to be held.</text> </paragraph> <paragraph num="C."> <text>The amount of the purchase price paid or to be paid by the charitable organization for the real property may not be conditioned on the amount of the proceeds received or to be received by the charitable organization from the sale of chances.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Receipts and Notices."> <paragraph num="A."> <text>A charitable organization conducting a raffle of real property may not sell any chance unless, at the time of sale, the purchaser is given a written receipt for each chance bought, in the form of a ticket that contains:</text> <paragraph num="(1)"> <text>The name and Maryland address of the organization that is conducting the raffle;</text> </paragraph> <paragraph num="(2)"> <text>The address of the real property to be raffled and a brief description of that property;</text> </paragraph> <paragraph num="(3)"> <text>The date and time the organization will select the winner of the raffle, and the location of the drawing;</text> </paragraph> <paragraph num="(4)"> <text>The amount of consideration paid for the chance;</text> </paragraph> <paragraph num="(5)"> <text>A notice to the purchaser that a complete disclosure statement regarding the raffle is available, on request and at no cost, from the charitable organization;</text> </paragraph> <paragraph num="(6)"> <text>A notice that the winner is responsible for any liens, encumbrances, closing costs, and applicable taxes unless otherwise provided in the disclosure statement; and</text> </paragraph> <paragraph num="(7)"> <text>If needed, a notice that, if the raffle is cancelled, a percentage of the price of a chance may be retained by the charitable organization for administrative costs.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A written notice advertising the raffle shall include the information required in §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>The charitable organization shall obtain the name and address of each purchaser of a raffle chance.</text> </paragraph> <paragraph num="D."> <text>Disclosure Statement.</text> <paragraph num="(1)"> <text>The charitable organization shall provide each purchaser of a chance, on request and at no cost to the purchaser, a copy of the disclosure statement filed with the Secretary of State.</text> </paragraph> <paragraph num="(2)"> <text>Before the transfer of title to the raffle winner, the charitable organization shall provide the winner with a copy of the disclosure statement and obtain a signed acknowledgment of its receipt from the winner.</text> </paragraph> <paragraph num="(3)"> <text>A copy of the signed acknowledgment shall be filed with the Secretary of State and retained by the charitable organization for a minimum of 3 years after the winner acknowledges receipt of the disclosure statement.</text> </paragraph> <paragraph num="(4)"> <text>The disclosure statement provided to any purchaser of a chance and to the raffle winner shall include a statement that the disclosure statement has been placed on file with the Secretary of State of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Delivery of Prize."> <text>Within 90 days of the selection of the winner of the raffle, legal title to the real property raffled shall be transferred to the winner, as evidenced by a recording of the transfer in the land records of the political subdivision in which the real property is located.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Accounting of Income and Expenditures."> <text>Within 90 days after the selection of the raffle winner, the charitable organization shall file with the Secretary of State an accounting of all income and expenditures associated with the raffle on forms provided by the Secretary of State for that purpose.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Contracting for the Conduct of Raffles."> <paragraph num="A."> <text>If a charitable organization undertaking a raffle of real property agrees to compensate any other person for assistance in conducting the raffle, the charitable organization shall file a copy of that agreement, which shall be in writing, with the Secretary of State within 10 days of its execution.</text> </paragraph> <paragraph num="B."> <text>Any party to that agreement, other than the charitable organization, shall register with the Secretary of State as a “professional solicitor”, pursuant to the provisions of Business Regulation Article, Title 6, Annotated Code of Maryland, and conform with all applicable provisions of those sections.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Use of Proceeds."> <text>Except as otherwise expressly authorized in these regulations:</text> <paragraph num="A."> <text>All proceeds from a raffle of real property shall be received by the charitable organization conducting the raffle and, after payment of the reasonable costs and expenses related to the raffle, may only be used by the charitable organization in furtherance of its charitable purposes; and</text> </paragraph> <paragraph num="B."> <text>No other person or group of persons may benefit financially from, receive, or be paid any of the proceeds from the raffle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Canceled Raffles—Refunds."> <paragraph num="A."> <text>Except as provided in §B of this regulation, the charitable organization shall reimburse each purchaser of a chance with the full purchase price paid by that purchaser if the charitable organization cancels the raffle after chances have been sold and before the winner is selected.</text> </paragraph> <paragraph num="B."> <text>If proper notice is given as provided in Regulation .05A of this chapter, the charitable organization may retain up to 1 percent of the price of a chance to cover administrative costs.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Criminal Law Article, §12-106, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 28, 1983 (10:6 Md. R. 551)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)</annotation> </annotations> </chapter> <chapter num="08" heading="Notary Public: General Regulations"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following words have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Acknowledgment” means a declaration by an individual before a notarial officer that:</text> <paragraph num="(a)"> <text>The individual has signed a record for the purpose stated in the record; and</text> </paragraph> <paragraph num="(b)"> <text>If the record is signed in a representative capacity, the individual signed the record with proper authority, and signed it as the act of the individual or entity identified in the record.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Affirmation” means a solemn statement of truth, made under penalty of perjury before a notary public.</text> </paragraph> <paragraph num="(3)"> <text>“Communication technology” means an electronic device or process that:</text> <paragraph num="(a)"> <text>Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and</text> </paragraph> <paragraph num="(b)"> <text>When necessary, under and consistent with other applicable law, facilitates communication between a notary public and a remotely located individual who has a vision, hearing, or speech impairment.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Notarial Act.</text> <paragraph num="(a)"> <text>“Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of the State.</text> </paragraph> <paragraph num="(b)"> <text>“Notarial act” includes:</text> <paragraph num="(i)"> <text>Taking an acknowledgment;</text> </paragraph> <paragraph num="(ii)"> <text>Administering an oath or affirmation;</text> </paragraph> <paragraph num="(iii)"> <text>Taking a verification on oath or affirmation;</text> </paragraph> <paragraph num="(iv)"> <text>Witnessing or attesting a signature;</text> </paragraph> <paragraph num="(v)"> <text>Certifying or attesting a copy; and</text> </paragraph> <paragraph num="(vi)"> <text>Noting a protest of a negotiable instrument.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Notarize” means to perform a notarial act with respect to a record.</text> </paragraph> <paragraph num="(6)"> <text>“Notarization” means the act of notarizing.</text> </paragraph> <paragraph num="(7)"> <text>“Oath” means a sworn solemn statement of truth made under penalty of perjury by an individual who believes in and appeals to a Divine Being to evidence the seriousness of the individual's actions or words.</text> </paragraph> <paragraph num="(8)"> <text>“Original notarial act” means the completion of a single notarial act involving one record.</text> </paragraph> <paragraph num="(9)"> <text>“Remote notarial act” means a notarial act performed by a notary public for a remotely located individual using communication technology.</text> </paragraph> <paragraph num="(10)"> <text>“Remote online notary vendor” is a company that provides communication technology primarily used to facilitate a notarial act for a remotely located individual and the technology offered by the vendor includes identity proofing and credential analysis that the notary public may use when required by law to identify a remotely located individual.</text> </paragraph> <paragraph num="(11)"> <text>“Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act.</text> </paragraph> <paragraph num="(12)"> <text>“Verification on oath or affirmation” means a declaration made by an individual on oath or affirmation before a notarial officer that a statement in a record is true or that a remotely located individual has the identity claimed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Charges and Fees."> <paragraph num="A."> <text>A notary public may demand and receive a fee of no more than the following for the performance of an original notarial act:</text> <paragraph num="(1)"> <text>$8 for the performance of a notarial act; or</text> </paragraph> <paragraph num="(2)"> <text>$30 for the performance of a remote notarial act.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When a notary public is requested to notarize more than one copy of the same record, where the copy or copies have been signed at the same time by the same person or persons, the notary may demand and receive $8 for notarizing each signature on the original or first copy of the record, and may demand and receive $4 for each signature on each additional copy of the same record.</text> </paragraph> <paragraph num="C."> <text>When a notary public is requested to make reproductions of a notarized record or an entry in the notary’s journal by photocopying or other means, the notary may demand and receive not more than $2 for each copy furnished.</text> </paragraph> <paragraph num="D."> <text>A notary public may demand and receive reimbursement at the prevailing rate for mileage established by the Internal Revenue Service for business travel and a fee not to exceed $5 for travel if required for the performance of a notarial act.</text> </paragraph> <paragraph num="E."> <text>A notary public may charge $6 for certifying a copy of a record in the notary’s journal.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Processing Fee."> <text>Each application for an original or renewal appointment as a notary public shall be accompanied by a processing fee of $25 payable to the Secretary of State.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Qualifications of Remote Online Notary Venders."> <paragraph num="A."> <text>To qualify as an authorized remote online notary vendor by the Secretary of State, the vendor shall meet the following criteria:</text> <paragraph num="(1)"> <text>The vendor shall be incorporated to do business in the United States of America;</text> </paragraph> <paragraph num="(2)"> <text>The vendor shall be a company based in the United States of America that has been lawfully operating in the United States of America for at least 3 years;</text> </paragraph> <paragraph num="(3)"> <text>All encryption and decryption services provided by the remote online notary vendor shall occur in the United States of America; and</text> </paragraph> <paragraph num="(4)"> <text>The vendor shall utilize commercially reasonable practices, procedures, and technology consistent with or better than the practices, procedures, and technology generally used by other vendors engaged in offering remote notarization services.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Technology used by a remote online notary vendor shall allow Maryland notaries public to meet requirements of the notary law, including but not limited to the following:</text> <paragraph num="(1)"> <text>Allow the notary to securely identify the remotely located individual by personal knowledge or satisfactory evidence as described in State Government Article, §18-214(a)(1)(i)—(iii), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Allow for the retention of audio-visual recordings created under State Government Article, §18-214(a)(3), Annotated Code of Maryland, for at least 10 years; and</text> </paragraph> <paragraph num="(3)"> <text>Ensure that the notary public has access to the audio-visual recordings of their notarial acts.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Responsibilities of a Remote Online Notary Vendor."> <paragraph num="A."> <text>A remote online notary vendor shall receive written authorization from the Secretary of State before allowing its technology to be used by Maryland notaries public.</text> </paragraph> <paragraph num="B."> <text>A remote online notary vendor shall apply to the Secretary of State for authorization using the form prescribed for this purpose by the Secretary of State.</text> </paragraph> <paragraph num="C."> <text>Before a remote online notary vendor may provide services to a Maryland notary public, the vendor shall:</text> <paragraph num="(1)"> <text>Provide training to the Maryland notary public on how to use the remote online notary vendor’s technology; and</text> </paragraph> <paragraph num="(2)"> <text>Check with the Office of the Secretary of State or the Office’s website to confirm that a notary public is in good standing:</text> <paragraph num="(a)"> <text>At the time the notary subscribes to its service; and</text> </paragraph> <paragraph num="(b)"> <text>Annually thereafter, for the duration of the notary’s subscription to its service.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>A remote online notary vendor shall comply with the information security protections and procedures found in the Maryland Personal Information Protection Act, Commercial Law Article, §14-3501 et seq., Annotated Code of Maryland.</text> </paragraph> <paragraph num="E."> <text>In the event of a breach of a security system, a remote online notary vendor shall provide notice of the breach of the security system to the Office of the Secretary of State at the same time as giving the notice required by the Maryland Personal Information Protection Act, Commercial Law Article, §14-3504(b), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Revocation of Remote Online Notary Vendor Authorization."> <text>The Secretary of State may revoke authorization of a remote online notary vendor if the Secretary of State determines that the technologies used by the remote online notary vendor do not meet the requirements of applicable law or regulations. Prior to revoking authorization, the Secretary of State or a designee may speak to the vendor informally to determine if the vendor meets the qualifications for authorization set forth in Regulation .04 of this chapter and responsibilities set forth in Regulation .05 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Obligations of Notaries Public Who Perform Remote Notarial Acts."> <paragraph num="A."> <text>To perform remote notarial acts, a Maryland notary public shall be a currently commissioned Maryland notary public in good standing and shall:</text> <paragraph num="(1)"> <text>Notify the Office of the Secretary of State in writing of their intent to perform remote notarial acts using a form prescribed by the Office of the Secretary of State for this purpose before they may perform remote notarial acts;</text> </paragraph> <paragraph num="(2)"> <text>If the notary public intends to perform remote notarial acts using a remote online notary vendor:</text> <paragraph num="(a)"> <text>Identify the authorized remote online notary vendor or vendors they intend to use to perform such remote notarial acts;</text> </paragraph> <paragraph num="(b)"> <text>Notify the Office of the Secretary of State in writing within 10 business days after making a change to a new remote online notary vendor, if the notary public changes vendors; and</text> </paragraph> <paragraph num="(c)"> <text>If the notary public reasonably believes a remote online notary vendor previously selected does not allow the notary public to meet requirements set forth in State Government Article, Title 18, Subtitle 2, Annotated Code of Maryland, and any applicable regulations, the notary public shall promptly notify the Office of the Secretary of State in writing.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the notary public intends to perform remote notarial acts without identifying remotely located individuals through identity proofing and credential analysis the notary public shall submit a form used by the Office of the Secretary of State for this purpose and acknowledge that the notary public must have personal knowledge under State Government Article, §18–206(a), Annotated Code of Maryland of the identity of the remotely located individual or have satisfactory evidence of the identity of the remotely located individual by verification on oath or affirmation from a credible witness appearing before and identified by the notary public under State Government Article, §18–206(b), Annotated Code of Maryland or as a remotely located individual under this section.</text> </paragraph> <paragraph num="(4)"> <text>Use technology that can make an audio-visual record of the entire physical location of the notarial act and all persons physically present for the remote notarial act;</text> </paragraph> <paragraph num="(5)"> <text>Require all persons physically present with the remotely located individual for the remote notarial act to identify themselves and their role in the transaction;</text> </paragraph> <paragraph num="(6)"> <text>Charge no more than the allowed fee for a notarial act under State Government Article, §18–214, Annotated Code of Maryland, as set forth in Regulation .02F of this chapter; and</text> </paragraph> <paragraph num="(7)"> <text>Create and retain an audio-visual recording of each performance of a remote notarial act for a minimum of 10 years.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon renewal of a notary public’s commission, a notary public will be required to submit a new remote notary notification form with the Office of the Secretary of State.</text> </paragraph> <paragraph num="C."> <text>A notary public’s authority to perform remote notarial acts expires with the expiration of their notary public commission.</text> </paragraph> <paragraph num="D."> <text>A notary public authorized to perform remote notarial acts may cancel their authorization by submitting a written notice to the Office of the Secretary of State.</text> </paragraph> <paragraph num="E."> <text>It is unlawful for any individual to represent themselves to be authorized to perform remote notarial acts if the individual has not provided the required notification to the Office of the Secretary of State.</text> </paragraph> <paragraph num="F."> <text>The Secretary of State may not authorize a notary public to perform remote notarial acts if the person submits a notary application containing a substantial and material misstatement or omission of fact.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Responsibilities of Notaries Public."> <paragraph num="A."> <text>The notary is responsible for reading and understanding State Government Article, Title 18, Annotated Code of Maryland, as well as regulations, handbooks, and other public guidance issued by the Secretary of State relating to responsibilities of notaries public and performance of notarial acts.</text> </paragraph> <paragraph num="B."> <text>Notaries public are public officers and it is their legal responsibility to perform notarial acts in compliance with the notary law and regulations.</text> </paragraph> <paragraph num="C."> <text>When a notary public uses an identification credential under State Government Article, §18-206(b) or 18-214(a)(1)(ii)—(iii), Annotated Code of Maryland, to identify a remotely located individual or an individual in the notary public’s physical presence for the performance of a notarial act, the notary public shall document in the notary’s journal the identification number associated with the identification credential as confirmation that the individual signing a record was correctly identified.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Change in Name, Address, or Email Information."> <text>Notaries public are required to notify the Office of the Secretary of State within 30 days if, at any time during their commission, a notary public changes their:</text> <paragraph num="A."> <text>Name;</text> </paragraph> <paragraph num="B."> <text>Home address;</text> </paragraph> <paragraph num="C."> <text>Home phone number;</text> </paragraph> <paragraph num="D."> <text>Cell phone number, if one was provided at the time of application;</text> </paragraph> <paragraph num="E."> <text>Personal electronic mail (email) address;</text> </paragraph> <paragraph num="F."> <text>Business phone number;</text> </paragraph> <paragraph num="G."> <text>Business address, if one was provided at the time of application;</text> </paragraph> <paragraph num="H."> <text>Business electronic mail (email) address, if one was provided at the time of application; or</text> </paragraph> <paragraph num="I."> <text>County of residence.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Electronic Mail Communications."> <text>Effective January 1, 2021, and except for correspondence relating to enforcement actions, the Office of the Secretary of State will send all communications to notaries public using electronic mail only. Each notary public is responsible for ensuring the Office of the Secretary of State has a current and active personal email address.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Enforcement Actions."> <paragraph num="A."> <text>Due to a lawful delegation of authority from the Governor pursuant to State Government Article, §18-104(b)(1), Annotated Code of Maryland, the Secretary of State, effective January 21, 2015, and the Assistant Secretary of State, effective September 2, 2015, may take an enforcement action under State Government Article, §18-104(a), Annotated Code of Maryland, to deny, refuse to renew, revoke, suspend, or impose conditions on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public.</text> </paragraph> <paragraph num="B."> <text>Acts or omissions found in State Government Article, §18-104(a)(1)(i)—(vii), Annotated Code of Maryland, govern when the Secretary of State or Assistant Secretary of State may take an enforcement action against a notary public.</text> </paragraph> <paragraph num="C."> <text>Acts or omissions that may constitute a failure to discharge any duty required of a notary public, whether imposed by any federal or State law or regulations adopted by the Secretary of State, include but are not limited to:</text> <paragraph num="(1)"> <text>Failure to adequately identify a signer under the standards set forth in State Government Article, §18-206(a) or (b), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Failure to properly execute a certificate of a notarial act in accordance with State Government Article, §18-215, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>Charging a fee for notarial services higher than allowable by Regulation .02 of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Failure to maintain an accurate record of notarial acts in a journal as required by State Government Article, §18-219, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(5)"> <text>Performing a remote notarial act before notifying the Secretary of State as required by Regulation .07A(1)—(3) of this chapter and State Government Article, §18-214(e), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A notary public convicted of a felony or crime involving fraud, dishonesty, or deceit shall report the conviction to the Office of the Secretary of State within 10 days of the conviction or within 10 days after they are released from incarceration, whichever is later. Failure to properly report under this paragraph may result in an enforcement action against the notary public under this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Publication of Commission Status."> <text>The Office of the Secretary of State may choose to publish information relating to the status of the commission of a notary public or former notary public, including the date of commencement and expiration of any suspension, nonrenewal, or revocation of the commission. Disclosure of information under this regulation is deemed compliant with General Provisions Article, §4-332(b)(4), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Application for Authorization to Provide Notary Public Course of Study and Examination."> <text>Each application shall include the following:</text> <paragraph num="A."> <text>Completed application form for Authorization to Provide Notary Public Course of Study and Examination;</text> </paragraph> <paragraph num="B."> <text>Course material;</text> </paragraph> <paragraph num="C."> <text>Instructions for completing the course of study and examination;</text> </paragraph> <paragraph num="D."> <text>Draft examination questions; and</text> </paragraph> <paragraph num="E."> <text>Any other documentation requested by the Office of the Secretary of State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Qualifications of Notary Public Course of Study and Examination Provider."> <text>To qualify as an authorized notary public course of study and examination provider by the Secretary of State, the provider shall meet the following criteria:</text> <paragraph num="A."> <text>Possess at least 3 years demonstrated experience and knowledge in the development and administration of a course of study and examination;</text> </paragraph> <paragraph num="B."> <text>Demonstrate experience and knowledge interacting with learners subject to the laws, regulations, rules, or ethics required of a governmental entity; and</text> </paragraph> <paragraph num="C."> <text>Demonstrate proficiency with the Maryland Notary Law, regulations, ethics, policies and procedures, as well as the Handbook for Maryland Notaries Public sufficient to respond to questions from participants.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Responsibilities of an Authorized Notary Public Course of Study and Examination Provider."> <paragraph num="A."> <text>The provider shall design and offer a course of study and examination that meets the standards set forth in Regulation .16 of this chapter, and that is accessible by all Maryland notary public applicants and renewal applicants.</text> </paragraph> <paragraph num="B."> <text>The provider shall create a bank of test questions within 45 days after being authorized by the Secretary of State to offer the course of study and examination.</text> </paragraph> <paragraph num="C."> <text>The provider shall offer a virtual or in-person course of study. For purposes of this subsection, “virtual” includes a synchronous and asynchronous online course of study.</text> </paragraph> <paragraph num="D."> <text>For every applicant who completes the course of study, the provider shall give each applicant a Certificate of Completion at the end of the course of study.</text> </paragraph> <paragraph num="E."> <text>The provider shall give a Certificate of Passing to each applicant who scored at least 80 percent or better on the examination. For applicants who score below 80 percent, the provider shall provide an opportunity for the qualified applicants to retest. An applicant is considered qualified to retest if they completed the course of study but failed to score at least 80 percent on the examination.</text> </paragraph> <paragraph num="F."> <text>Upon request by the Secretary of State’s Office, authorized providers shall deliver the following information needed to verify who has completed a course of study and passed the examination:</text> <paragraph num="(1)"> <text>A list of Maryland notaries public and applicants who have completed a course of study and examination including the date or dates of the course and examination or examinations, as well as methods used to identify the notary public or applicant;</text> </paragraph> <paragraph num="(2)"> <text>The provider shall transmit applicant data in a timeframe as established by the Secretary of State’s Office using a secure and mutually agreeable format; and</text> </paragraph> <paragraph num="(3)"> <text>The provider shall ensure that all course and examination data is accurate and valid prior to its secure, electronic transmission to the Secretary of State’s Office.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The provider shall update the course of study and examination to reflect all changes to the notary law, regulations, procedures, and ethics within 60 days of being notified of the changes by the Office of the Secretary of State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Course of Study and Examination Standards."> <paragraph num="A."> <text>The course of study shall include the Maryland Notary Public laws, regulations, ethics, procedures, and the Handbook for Maryland Notaries Public. Every topic shall be fully covered so each participant can comply with the aforementioned requirements.</text> </paragraph> <paragraph num="B."> <text>The design of the examination shall offer each applicant a mix of questions of comparable difficulty to every other applicant and sourced from each of the sections in the Handbook for Maryland Notaries Public covering the laws, regulations, ethics, and procedures.</text> </paragraph> <paragraph num="C."> <text>Instructions for the course and examination shall be comprehensive in scope and explain the requirements of education, how to apply for examinations, when examinations are given, the cost of the course of study and examination, and requirements for passing the examination. Instructions must notify the applicant how to access the current Handbook for Maryland Notaries Public.</text> </paragraph> <paragraph num="D."> <text>Each question on the examination must be relevant to the requirements of the Maryland notary public laws, regulations, ethics, procedures, and/or Handbook for Maryland Notaries Public.</text> </paragraph> <paragraph num="E."> <text>The provider shall have a robust bank of at least 50 different test questions so that repeat applicants do not receive a statistically sufficient number of previously attempted test questions.</text> </paragraph> <paragraph num="F."> <text>The examination shall contain at least 20 questions that are clearly stated in a multiple-choice format, and each applicant must correctly answer at least 80 percent of the questions in order to be issued a Certificate of Passing under Regulation .15E of this chapter.</text> </paragraph> <paragraph num="G."> <text>Each question on the examination shall contain 4 multiple-choice answers with only one correct answer.</text> </paragraph> <paragraph num="H."> <text>If the provider provides applicants with an electronic examination format, providers shall provide applicants with a secure operating system capable of administering electronic examinations.</text> </paragraph> <paragraph num="I."> <text>The testing system shall provide immediate scoring which notifies the applicant of passing or failure at the conclusion of the examination session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Revocation of Notary Public Course of Study and Examination Provider Authorization."> <text>The Secretary of State may revoke authorization of a notary public course of study and examination provider if the Secretary of State determines that the provider of the course of study and/or examination failed to comply with the qualifications, responsibilities, and standards set forth in Regulations .14—.16 of this chapter. Prior to revoking authorization, the Secretary of State or a designee may speak to the provider of the course of study and examination informally to determine if the provider meets the qualifications, responsibilities, and standards set forth in Regulations .14—.16 of this chapter.</text> </regulation> <annotations> <annotation type="Authority">State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 8, 1984 (11:20 Md. R. 1740)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 5, 2020 (47:20 Md. R. 874)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)</annotation> <annotation type="History" subtype="Administrative History">Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)</annotation> </annotations> </chapter> <chapter num="09" heading="Time-Share and Condominium Registration"> <regulation prefix="Regulation" num=".01" heading="Time-Share Registration."> <text>After giving the registrant 15 days written notice, and an opportunity to have a hearing before the Secretary of State, the Secretary may:</text> <paragraph num="A."> <text>Suspend or terminate approval of a time-share public offering statement; or</text> </paragraph> <paragraph num="B."> <text>Suspend or terminate the approval order for a time-share public offering statement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Condominium Registration."> <text>After giving the registrant 15 days written notice, and an opportunity to have a hearing before the Secretary of State, the Secretary may:</text> <paragraph num="A."> <text>Suspend or terminate approval of a condominium public offering statement; or</text> </paragraph> <paragraph num="B."> <text>Suspend or terminate the approval order for a condominium public offering statement.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Real Property Article, §§11-127 and 11A-112, Annotated Codeof Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 17, 1985 (12:12 Md. R. 1161)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective September 25, 2006 (33:19 Md. R. 1558)</annotation> </annotations> </chapter> <chapter num="10" heading="Digital Signatures" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 1, 1999 (26:22 Md. R. 1691)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 repealed effective September 25, 2006 (33:19 Md. R. 1558)</annotation> </annotations> </chapter> <chapter num="11" heading="Maryland Safe at Home Address Confidentiality Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <paragraph num="A."> <text>The purpose of the Maryland Safe at Home Address Confidentiality Program is to:</text> <paragraph num="(1)"> <text>Allow a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking to have a State or local government agency and private entities use a substitute address in place of an actual address;</text> </paragraph> <paragraph num="(2)"> <text>Enable State and local agencies to respond to requests for public records without disclosing the location of a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking;</text> </paragraph> <paragraph num="(3)"> <text>Enable interagency cooperation in providing address confidentiality for survivors of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; and</text> </paragraph> <paragraph num="(4)"> <text>Enable a Program participant to use an address designated by the Secretary as a substitute address.</text> </paragraph> </paragraph> <paragraph num="B."> <text>This chapter describes the process to be followed to apply for participation in the Program. While the law permits an individual to apply for participation in the Program on that individual's own behalf, it is anticipated and encouraged that assistance with the application be provided by domestic violence programs or other professionals who may be counseling the survivor. In this regard, the regulations streamline the application process when the required documentation is provided by individuals associated with domestic violence programs or other application assistants registered with the Secretary.</text> </paragraph> <paragraph num="C."> <text>This chapter requires the use of a participant’s substitute address designated by the Secretary and prohibits disclosure of a participant’s identity information as defined in Real Property Article, §3-114 (e), Annotated Code of Maryland, by both governmental and nongovernmental entities. The Secretary shall forward all first-class, registered, and certified mail received by the Secretary for a participant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Application assistant” means an employee or volunteer:</text> <paragraph num="(a)"> <text>Of a federal, State, or local agency, or of a nongovernmental program, that provides counseling, referral, shelter, or other services to survivors of domestic violence, sexual assault, stalking, or human trafficking; and</text> </paragraph> <paragraph num="(b)"> <text>Who has been designated by the respective agency or program, and trained and registered by the Secretary, to assist individuals in completion of the Program application.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Authorization card” means the card issued by the Secretary to a participant.</text> </paragraph> <paragraph num="(3)"> <text>“Bona fide religious organization” has the meaning stated in COMAR 01.02.04.01.</text> </paragraph> <paragraph num="(4)"> <text>“Notice of ACP Participation” means the form prescribed by the Secretary in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland, to identify an individual as a participant, request the use of the participant’s substitute address, and prohibit disclosure of a participant’s identity information.</text> </paragraph> <paragraph num="(5)"> <text>“Participant” means an individual designated by the Secretary to participate in the Program.</text> </paragraph> <paragraph num="(6)"> <text>“Program” means the Address Confidentiality Program established under Title 7, Subtitle 3, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Real Property ACP Notice” means the form prescribed by the Secretary in accordance with Real Property Article, §3-115, Annotated Code of Maryland, to request the shielding of real property records.</text> </paragraph> <paragraph num="(8)"> <text>“Religious, medical, or other professional” means an individual:</text> <paragraph num="(a)"> <text>Licensed as a physician, nurse, social worker, professional counselor or therapist, or psychologist under the Health Occupations Article, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>Who is a minister, pastoral counselor, or associate of an organization providing services to survivors of domestic violence, sexual assault, stalking, harassment, or human trafficking under the auspices of a bona fide religious organization.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Secretary” means the Secretary of State of Maryland, or the Secretary's designee.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Who May Apply."> <text>Beginning October 1, 2006, an individual may apply to participate in the Program. To be designated as a participant in the Program, the individual shall:</text> <paragraph num="A."> <text>Satisfy the requirements of State Government Article, §7-304, Annotated Code of Maryland;</text> </paragraph> <paragraph num="B."> <text>Be a present or future primary resident of Maryland;</text> </paragraph> <paragraph num="C."> <text>Complete and sign the following, as provided by the Secretary:</text> <paragraph num="(1)"> <text>Application form; and</text> </paragraph> <paragraph num="(2)"> <text>Checklist of understanding.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Have recently relocated or intend to relocate within 30 days from the date of application to an address unknown to the abuser and, at the time of application, not readily accessible to the general public, according to the discretion of the Secretary;</text> </paragraph> <paragraph num="E."> <text>Submit evidence satisfactory to the Secretary of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; and</text> </paragraph> <paragraph num="F."> <text>Not have been previously cancelled from the Program for non-compliance with Program obligations as set forth in State Government Article, §7-307(a)(1), (3), and (4), Annotated Code of Maryland and these regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Motor Vehicle Administration."> <text>To request that the Motor Vehicle Administration use the substitute address, a participant shall schedule an appointment with the Motor Vehicle Administration’s Customer Service Ombudsman or other designated contact for participants.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Application Assistants."> <paragraph num="A."> <text>Before being approved as an application assistant, an individual shall:</text> <paragraph num="(1)"> <text>Be recommended by a federal, State, or local governmental agency or a domestic violence, sexual assault, stalking, or human trafficking prevention or assistance program, or certify that the individual is a religious, medical, or other professional actively providing services to survivors of domestic violence, sexual assault, stalking, harassment, or human trafficking;</text> </paragraph> <paragraph num="(2)"> <text>Complete the training provided by the Secretary;</text> </paragraph> <paragraph num="(3)"> <text>Agree to comply with the statutes and regulations governing the Program; and</text> </paragraph> <paragraph num="(4)"> <text>Complete and sign the application assistant agreement form.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The registration of an applicant assistant is valid indefinitely unless withdrawn, suspended, or terminated.</text> </paragraph> <paragraph num="C."> <text>The application assistant shall agree on the application form not to discriminate on the basis of race, creed, color, national origin, gender, sexual orientation, age, or mental or physical disability.</text> </paragraph> <paragraph num="D."> <text>An application assistant is not an employee or agent of the Secretary or the State and may not claim or hold out to be so affiliated. The State is not liable for any failure to act or improper action of an application assistant.</text> </paragraph> <paragraph num="E."> <text>To withdraw as an application assistant, the individual shall provide written notification to the Program.</text> </paragraph> <paragraph num="F."> <text>If an application assistant ceases to be affiliated with the agency or program that initially recommended the assistant, the agency or program shall notify the Secretary and the assistant shall be removed from the roster of application assistants. If that application assistant becomes affiliated with another agency or program, the application assistant may be reinstated.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Documentation."> <paragraph num="A."> <text>The application of a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking shall be supported by documentation under State Government Article, §7-304(b)(2), Annotated Code of Maryland, and facilitated by an application assistant registered with the Secretary.</text> </paragraph> <paragraph num="B."> <text>If the application is being facilitated by an individual not registered as an application assistant with the Secretary, the Secretary shall contact the individual to register the individual as an application assistant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Authorization Card."> <paragraph num="A."> <text>Within 10 working days of receipt of a completed and signed application, the Secretary shall approve or deny the applicant as a participant.</text> </paragraph> <paragraph num="B."> <text>If an application is approved, an authorization card shall be issued within 5 working days after the application is approved. The Secretary shall issue an authorization card to each survivor or household member named on the application form. The authorization card shall include:</text> <paragraph num="(1)"> <text>The participant's name;</text> </paragraph> <paragraph num="(2)"> <text>The authorization number;</text> </paragraph> <paragraph num="(3)"> <text>The substitute mailing address;</text> </paragraph> <paragraph num="(4)"> <text>The participant's signature;</text> </paragraph> <paragraph num="(5)"> <text>The expiration date;</text> </paragraph> <paragraph num="(6)"> <text>The phone number of the Program; and</text> </paragraph> <paragraph num="(7)"> <text>A list of the Program requirements for the purposes of a notification under State Government Article, §7-311(c)(1), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If an applicant is denied, the Secretary shall notify the applicant of the denial and the reasons for the denial within 5 working days of the denial.</text> </paragraph> <paragraph num="D."> <text>Use of Authorization Card.</text> <paragraph num="(1)"> <text>A participant may request that a State or local agency or any person use the substitute address designated by the Secretary as the participant’s address.</text> </paragraph> <paragraph num="(2)"> <text>The participant shall show the participant's authorization card to the agency employee responsible for the record or to any person and request use of the substitute address.</text> </paragraph> <paragraph num="(3)"> <text>Agency personnel or any person:</text> <paragraph num="(a)"> <text>May make a photocopy of the authorization card; and</text> </paragraph> <paragraph num="(b)"> <text>Shall return the card to the participant.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The agency shall accept the substitute address unless there is a waiver granted for a specific participant by the Secretary.</text> </paragraph> <paragraph num="(5)"> <text>Agency personnel or any person:</text> <paragraph num="(a)"> <text>May not question the participant regarding the details of the participant's inclusion in the Program;</text> </paragraph> <paragraph num="(b)"> <text>May not require a participant to submit any address that could be used to physically locate the participant either instead of or in addition to the substitute address, or as a condition of receiving a service or benefit, unless the service or benefit would be impossible to provide without knowledge of the participant’s physical location;</text> </paragraph> <paragraph num="(c)"> <text>May not require any additional proof of Program participation other than the Notice of ACP Participation in accordance with State Government Article, §7-308(b)(2), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(d)"> <text>May not charge any fee to comply with this chapter; and</text> </paragraph> <paragraph num="(e)"> <text>Shall accept the substitute address as the address of the participant.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A current and valid authorization card presented to agency personnel or any person shall be acceptable as a form to put an agency or a person on notice of Program participation in accordance with State Government Article, §7-311, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Lost or Stolen Authorization Card. The Secretary shall replace an authorization card after the participant has filed an affidavit with the Secretary certifying that the card has been lost or stolen. The affidavit shall be on a form provided by the Secretary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Renewal of Application."> <paragraph num="A."> <text>A participant may renew Program participation by filing with the Secretary the following:</text> <paragraph num="(1)"> <text>A copy of the participant's current authorization card or a statement that the card was lost or destroyed; and</text> </paragraph> <paragraph num="(2)"> <text>A completed renewal form provided by the Secretary, which shall require all of the information described in Regulation .03 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Secretary shall send notice that a participant's participation is expiring 30 days before the expiration date.</text> </paragraph> <paragraph num="C."> <text>On renewal, the Secretary shall send a new authorization card to the participant. The participant shall destroy and discard the expired card.</text> </paragraph> <paragraph num="D."> <text>The Secretary may not renew an applicant if, at the time of renewal, the Secretary determines that the applicant’s actual address is readily accessible to the general public.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Change of Name, Address, or Telephone Number."> <paragraph num="A."> <text>Notification of a change of name shall:</text> <paragraph num="(1)"> <text>Be on a form provided by the Secretary;</text> </paragraph> <paragraph num="(2)"> <text>Include a copy of the participant's authorization card; and</text> </paragraph> <paragraph num="(3)"> <text>Be accompanied by sufficient evidence of the change.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Sufficient evidence of a legal name change under State Government Article, §7-306, Annotated Code of Maryland, includes, but is not limited to, a marriage certificate.</text> </paragraph> <paragraph num="C."> <text>A participant may change the participant’s address in accordance with State Government Article, §7-306, Annotated Code of Maryland, by filing a form provided by the Secretary.</text> </paragraph> <paragraph num="D."> <text>A participant may change the participant’s telephone number in accordance with State Government Article, §7-306, Annotated Code of Maryland, by notifying the Secretary by telephone or by filing a form provided by the Secretary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Withdrawal from Program."> <paragraph num="A."> <text>Withdrawal from the Program is governed by State Government Article, §7-304(c)(2), Annotated Code of Maryland. The participant shall make the request on a form provided by the Secretary.</text> </paragraph> <paragraph num="B."> <text>On receipt of a request for withdrawal from the Program, the Secretary may investigate whether the withdrawal is coerced by attempting to contact the participant or the domestic violence program that assisted the participant, or both.</text> </paragraph> <paragraph num="C."> <text>A participant shall advise the Secretary and the participant’s application assistant as soon as possible on suspicion or knowledge that the actual address is known to the abuser or readily accessible to the general public.</text> </paragraph> <paragraph num="D."> <text>On receipt of information from the participant or any other person that the actual address is known to the abuser or readily accessible to the general public, the Secretary may investigate by contacting the participant or the application assistant that assisted the participant, or both.</text> </paragraph> <paragraph num="E."> <text>A participant is encouraged to submit a request for withdrawal from the Program if:</text> <paragraph num="(1)"> <text>The participant is no longer eligible for Program participation; or</text> </paragraph> <paragraph num="(2)"> <text>The Secretary determines that a participant’s actual address is readily accessible to the general public and the participant does not intend to relocate within 30 days to an address unknown to the abuser and not readily accessible to the general public.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Cancellation from Program."> <paragraph num="A."> <text>The provisions of State Government Article, §§7-305 and 7-307, Annotated Code of Maryland, govern when the Secretary may cancel the participation of a participant.</text> </paragraph> <paragraph num="B."> <text>The Secretary may cancel the participation of a participant if mail forwarded by the Secretary to the participant’s address is returned as undeliverable by the United States Postal Service.</text> </paragraph> <paragraph num="C."> <text>Under State Government Article, §7-307(a)(5), Annotated Code of Maryland, if the Secretary determines that the actual address of a participant is readily accessible to the general public, the Secretary shall notify the participant of the determination and intent to cancel participation. The participant may remain in the Program if they intend to relocate within 30 days, or longer upon written request and determination by the Secretary that additional time is needed to relocate, to an address unknown to the abuser and not readily accessible to the general public.</text> </paragraph> <paragraph num="D."> <text>A program participant whose participation is cancelled under State Government Article, §7-307(a)(5), Annotated Code of Maryland may be eligible to reapply for participation if:</text> <paragraph num="(1)"> <text>Their address became known or publicly available through no fault of their own, and they were otherwise in compliance with Program rules and regulations;</text> </paragraph> <paragraph num="(2)"> <text>They have relocated to an address that is unknown to the abuser and not readily accessible to the general public; and</text> </paragraph> <paragraph num="(3)"> <text>They meet all other eligibility requirements under Regulation .03 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Appeal of Cancellation."> <text>If the Secretary cancels participation of a participant under, State Government Article, §7-305 or 7-307, Annotated Code of Maryland, the participant may appeal the decision by completing and filing an appeal form provided by the Secretary. The form shall require that the participant explain the circumstances that caused the violation of State Government Article, §7-305 or 7-307, Annotated Code of Maryland. The Secretary may speak to the participant informally to determine whether the participant understands and will comply with the Program requirements. A participant may request an informal hearing before the Secretary within 30 days of the cancellation.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Waiver."> <paragraph num="A."> <text>A State or local agency may request a waiver under State Government Article, §7-308(d), Annotated Code of Maryland, from the requirements of the Program for specific individual participants.</text> </paragraph> <paragraph num="B."> <text>The waiver request shall be in writing on a form provided by the Secretary and contain:</text> <paragraph num="(1)"> <text>Identification of the statutory, regulatory, or administrative requirements that demonstrate the agency's bona fide purpose for the use of the actual address of a participant;</text> </paragraph> <paragraph num="(2)"> <text>Identification of the specific participant for which the waiver is requested;</text> </paragraph> <paragraph num="(3)"> <text>Identification of the individuals and agencies that will have access to the record;</text> </paragraph> <paragraph num="(4)"> <text>The name and telephone number of an individual to contact regarding the request; and</text> </paragraph> <paragraph num="(5)"> <text>An explanation of how the agency's acceptance of a substitute address will prevent the agency from meeting its obligations under the statute or regulation listed in §B(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>During review of the agency's request for a waiver, the agency shall use the participant's substitute address for any record that is the subject of the waiver request.</text> </paragraph> <paragraph num="D."> <text>Before granting a waiver, the Secretary shall:</text> <paragraph num="(1)"> <text>Notify the participant of the waiver request; and</text> </paragraph> <paragraph num="(2)"> <text>Inform the participant of the agency requesting the waiver and the reasons for the request.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Board of Elections."> <text>Under State Government Article, §7-309, Annotated Code of Maryland, a participant’s residential address must be used for voter registration purposes. The local board may not disclose a participant’s address except as described in State Government Article, §7-309, Annotated Code of Maryland. A participant may request a local board of elections or the State Board of Elections to keep the address confidential under COMAR 33.04.02.02C. To register to vote as a participant, the participant shall contact the State Board directly to identify as a participant. The State Board shall verify Program participation and voting precinct with the Secretary.</text> </regulation> <regulation prefix="Regulation" num=".15" heading="Disclosure."> <paragraph num="A."> <text>The Secretary may not disclose any records regarding a participant without a court order.</text> </paragraph> <paragraph num="B."> <text>The Secretary may verify the participation of a participant and may provide the substitute address in accordance with State Government Article, §7-310(b)(2) and (c), Annotated Code of Maryland, or at the request of the participant.</text> </paragraph> <paragraph num="C."> <text>The Secretary shall provide immediate notification to the participant of any disclosure of the participant's actual address.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Service of Process."> <paragraph num="A."> <text>Under State Government Article, §7-312(b), Annotated Code of Maryland, service of process on a participant, by a person or an agency that has received notice that the individual is a participant, shall be made:</text> <paragraph num="(1)"> <text>In person on the participant; or</text> </paragraph> <paragraph num="(2)"> <text>By mail on the Secretary.</text> </paragraph> </paragraph> <paragraph num="B."> <text>On receipt of service of process by mail, the Secretary shall:</text> <paragraph num="(1)"> <text>Notify the participant; and</text> </paragraph> <paragraph num="(2)"> <text>Forward process by mail to the participant.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="State Income Tax."> <text>If a participant uses the substitute address when filing a State income tax return, the participant shall disclose the actual Maryland county and actual city, town, or taxing area.</text> </regulation> <regulation prefix="Regulation" num=".18" heading="Obligation on Receipt of Notice of Program Participation."> <paragraph num="A."> <text>An agency or person who receives notification of Program participation in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland, shall adhere to the requirements under Regulation .07 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Written notification acceptable as a form to put an agency or a person on notice under State Government Article, §7-311(c)(1), Annotated Code of Maryland, includes any one of the following as long as they state the requirements of the Program and that the individual is a participant:</text> <paragraph num="(1)"> <text>Notice of ACP Participation;</text> </paragraph> <paragraph num="(2)"> <text>Current and valid authorization card;</text> </paragraph> <paragraph num="(3)"> <text>A copy of the welcome letter issued to the participant on designation as a participant; or</text> </paragraph> <paragraph num="(4)"> <text>Written communication from the Secretary identifying an individual as a participant.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Notice of ACP Participation shall be on the form that the Secretary prescribes and shall include the:</text> <paragraph num="(1)"> <text>Full legal name of the participant;</text> </paragraph> <paragraph num="(2)"> <text>Participant’s ACP number;</text> </paragraph> <paragraph num="(3)"> <text>Substitute address designated by the Secretary as the participant’s address;</text> </paragraph> <paragraph num="(4)"> <text>Program requirements in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(5)"> <text>Telephone number of the Program; and</text> </paragraph> <paragraph num="(6)"> <text>Signature of the participant.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Notice of ACP Participation satisfies the request that a bank, a credit union, any other depository institution, or any other financial institution within the meaning of Financial Institutions Article, §1-101, Annotated Code of Maryland, may require under State Government Article, §7-308(b)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="E."> <text>An agency or person who receives notification of Program participation in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland, may not knowingly disclose the participant’s name, home address, work address, or school address unless the:</text> <paragraph num="(1)"> <text>Person to whom the address is disclosed also lives, works, or goes to school at the disclosed address; or</text> </paragraph> <paragraph num="(2)"> <text>Participant has provided written consent to the disclosure of the participant’s name, home address, work address, or school address for the purpose for which the disclosure will be made.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An agency or person on notice and authorized to disclose the name, home address, work address, or school address of a participant by the participant's consent under State Government Article, §7-311(c)(1)(ii), Annotated Code of Maryland, shall limit disclosure to only those disclosures that are necessary for the purpose for which the consent is provided.</text> </paragraph> <paragraph num="G."> <text>On disclosure under State Government Article, §7-311(c), Annotated Code of Maryland, an agency or person on notice shall forward the notification of Program participation to the agency or person to whom the disclosure is made in order to put that agency or person on notice.</text> </paragraph> <paragraph num="H."> <text>An agency or person on notice is presumed to have specific knowledge that the address and other identity information belongs to a participant.</text> </paragraph> <paragraph num="I."> <text>An agency or person on notice shall use the participant’s substitute address for mailed correspondence.</text> </paragraph> <paragraph num="J."> <text>Consent of the participant as set forth in State Government Article, §7-311(c), Annotated Code of Maryland, is required before an agency or person on notice may use the participant’s actual address on internal records or electronic databases that may be sold, transferred, or shared with third parties.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Procedure to Request Shielding of Real Property Records."> <paragraph num="A."> <text>To request the shielding of real property records, a participant shall notify the Secretary of initial consideration to purchase property before applying for financing or initiating the transaction, or, if the property was acquired without financing, immediately after acquiring an ownership interest in the real property.</text> </paragraph> <paragraph num="B."> <text>On request for shielding, the Secretary shall provide the following forms to the participant:</text> <paragraph num="(1)"> <text>Notice of ACP Participation in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>Real Property ACP Notice required under Real Property Article, §3-115(b)(2), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A participant or any agent of the participant shall submit a copy of the Notice of ACP Participation to any person involved in the real property transaction, including, but not limited to, the following:</text> <paragraph num="(1)"> <text>Attorney;</text> </paragraph> <paragraph num="(2)"> <text>Realtor;</text> </paragraph> <paragraph num="(3)"> <text>Mortgage broker;</text> </paragraph> <paragraph num="(4)"> <text>Lender;</text> </paragraph> <paragraph num="(5)"> <text>Title company; and</text> </paragraph> <paragraph num="(6)"> <text>Home owner’s association.</text> </paragraph> </paragraph> <paragraph num="D."> <text>On receipt of a Notice of ACP Participation or Real Property ACP Notice, any person involved in the real property transaction shall adhere to the requirements under Regulations .07 and .18 of this chapter.</text> </paragraph> <paragraph num="E."> <text>A participant or any agent of the participant shall submit a copy of the Real Property ACP Notice with the deed or other instrument to be recorded and the intake sheet required under Real Property Article, §3-104, Annotated Code of Maryland, to both the:</text> <paragraph num="(1)"> <text>Appropriate county finance office; and</text> </paragraph> <paragraph num="(2)"> <text>Clerk of the circuit court.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A participant or any agent of the participant shall submit a copy of any Real Property ACP Notice submitted under Real Property Article, §3-115(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="G."> <text>If a participant intends to request the shielding of real property records, the participant or any agent of the participant may not submit any instrument for recordation electronically.</text> </paragraph> <paragraph num="H."> <text>A participant or any agent of the participant shall use a separate Real Property ACP Notice for each property in which the participant acquires an ownership interest.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Obligation on Receipt of Real Property ACP Notice."> <paragraph num="A."> <text>On receipt of a Real Property ACP Notice:</text> <paragraph num="(1)"> <text>State and local agencies shall follow the established procedure in accordance with Real Property Article, §§3-115 and 3-117, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>A clerk of the circuit court shall provide a copy of any Real Property ACP Notice received under Real Property Article, §3-115, Annotated Code of Maryland, to both the:</text> <paragraph num="(a)"> <text>State Department of Assessments and Taxation; and</text> </paragraph> <paragraph num="(b)"> <text>Maryland State Archives.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>All State and local agencies shall use the participant’s substitute address for all mailed correspondence.</text> </paragraph> <paragraph num="C."> <text>Restriction on Disclosures.</text> <paragraph num="(1)"> <text>Except as provided in Real Property Article, §3-116(b) and (c), Annotated Code of Maryland, a clerk of the circuit court and any State or local agency that receives a Real Property ACP Notice under Real Property Article, §3-115, Annotated Code of Maryland, may not disclose the participant’s identity information in conjunction with the property identified in the Notice.</text> </paragraph> <paragraph num="(2)"> <text>A participant’s identity information may be disclosed in conjunction with a property identified in a Real Property ACP Notice if:</text> <paragraph num="(a)"> <text>The participant consents to the disclosure for a specific purpose identified in a writing acknowledged by the participant;</text> </paragraph> <paragraph num="(b)"> <text>The information is subject to disclosure in accordance with a court order; or</text> </paragraph> <paragraph num="(c)"> <text>The Secretary authorizes the disclosure in accordance with Real Property Article, §3-118, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Prohibition on disclosure shall continue until:</text> <paragraph num="(a)"> <text>The participant consents to the termination of the Real Property ACP Notice in a writing acknowledged by the participant;</text> </paragraph> <paragraph num="(b)"> <text>The Real Property ACP Notice is terminated in accordance with a court order;</text> </paragraph> <paragraph num="(c)"> <text>The participant no longer holds a record interest in the property identified in the Real Property ACP Notice; or</text> </paragraph> <paragraph num="(d)"> <text>The Secretary gives written notice to the clerk of the circuit court that the individual named in the Real Property ACP Notice is no longer a participant.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Termination of Shielding on Program Cancellation."> <text>If an individual who has requested the shielding of property records in accordance with Real Property Article, §3-115, Annotated Code of Maryland, ceases to be a participant;</text> <paragraph num="A."> <text>The Secretary shall give written notice to the clerk of the appropriate circuit court and the Maryland State Archives within 30 days after the individual ceases to participate in the Program; and</text> </paragraph> <paragraph num="B."> <text>The clerk of the circuit court and the Maryland State Archives shall cease shielding all real property records relating to the property identified in the Real Property ACP Notice.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Authorized Disclosure for Title Examination."> <paragraph num="A."> <text>On request, the Secretary may authorize the disclosure of real property records that have been shielded under Real Property Article, §3-116, Annotated Code of Maryland, for the purpose of performing a bona fide title examination.</text> </paragraph> <paragraph num="B."> <text>A request under Real Property Article, §3-118, Annotated Code of Maryland, shall include:</text> <paragraph num="(1)"> <text>The name, title, address, and affiliated organization, if applicable, of the individual requesting the disclosure;</text> </paragraph> <paragraph num="(2)"> <text>The individual’s purpose for requesting the disclosure;</text> </paragraph> <paragraph num="(3)"> <text>The individual’s relationship, if any, to the participant;</text> </paragraph> <paragraph num="(4)"> <text>A legal description of the property subject to the title examination;</text> </paragraph> <paragraph num="(5)"> <text>A statement that any information disclosed to the individual shall be treated as confidential and shall be used and disclosed only for the purpose identified in the request;</text> </paragraph> <paragraph num="(6)"> <text>The individual’s signature; and</text> </paragraph> <paragraph num="(7)"> <text>Any other information required by the Secretary to respond to the request.</text> </paragraph> </paragraph> <paragraph num="C."> <text>On receipt of a request under Real Property Article, §3-118, Annotated Code of Maryland, the Secretary shall provide a written response approving or denying the request within 2 business days.</text> </paragraph> <paragraph num="D."> <text>The Secretary shall approve a properly completed request under Real Property Article, §3-118, Annotated Code of Maryland, if:</text> <paragraph num="(1)"> <text>The Secretary confirms that the property subject to the title examination is the property identified in the Real Property ACP Notice of a current participant;</text> </paragraph> <paragraph num="(2)"> <text>The Secretary determines that the request is for the purpose of performing a bona fide title examination; and</text> </paragraph> <paragraph num="(3)"> <text>The Secretary determines that the request is by a current participant for the participant’s own real property records as identified in the Real Property ACP Notice.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)</annotation> </annotations> </chapter> </subtitle> <subtitle num="03" heading="Health Care Alternative Dispute Resolution Office"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09, Annotated Code of Maryland, as amended from time to time.</text> </paragraph> <paragraph num="(2)"> <text>“Arbitration panel” means the arbitrators selected in accordance with the Act and these regulations to determine a health care malpractice claim.</text> </paragraph> <paragraph num="(3)"> <text>“Attorney” means a member of the Maryland Bar.</text> </paragraph> <paragraph num="(4)"> <text>“Award” means a final decision under the Act, whether in favor of the claimant or defendant.</text> </paragraph> <paragraph num="(5)"> <text>“Certificate of merit” means the formal verification by a qualified expert of a medically meritorious claim or defense to a claim.</text> </paragraph> <paragraph num="(6)"> <text>“Chairman” means the attorney member of the arbitration panel.</text> </paragraph> <paragraph num="(7)"> <text>County.</text> <paragraph num="(a)"> <text>“County” means all counties in the State.</text> </paragraph> <paragraph num="(b)"> <text>“County” includes Baltimore City.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Court” means a circuit court for a county.</text> </paragraph> <paragraph num="(9)"> <text>“Director” means the Director of the Health Care Alternative Dispute Resolution Office.</text> </paragraph> <paragraph num="(10)"> <text>“Health care provider” has the meaning stated in Courts and Judicial Proceedings Article, §3-2A-01(e), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Party” includes the counsel of record for a party.</text> </paragraph> <paragraph num="(12)"> <text>“Prehearing conference” means the conference that the chairman has with all parties at least 60 days before a hearing date.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Applicability of Maryland Rules."> <text>Except as expressly provided otherwise in the Act and these regulations, the Maryland Rules of Procedure govern all proceedings under the Act.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Filing of Claims."> <paragraph num="A."> <text>Format of Claims.</text> <paragraph num="(1)"> <text>Each claim made under the Act shall be filed with the Director on the claim form that the Director shall provide, including any narrative attachments.</text> </paragraph> <paragraph num="(2)"> <text>Each claim is to be accompanied by a personal information certification that includes the claimant's:</text> <paragraph num="(a)"> <text>Name;</text> </paragraph> <paragraph num="(b)"> <text>Home address;</text> </paragraph> <paragraph num="(c)"> <text>Home and work telephone numbers;</text> </paragraph> <paragraph num="(d)"> <text>Date of birth;</text> </paragraph> <paragraph num="(e)"> <text>Social Security number; and</text> </paragraph> <paragraph num="(f)"> <text>Driver's license number.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A claim may not be processed further without the personal information certification required under §A(2) of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>All appropriate allegations and exhibit references that indicate the basis of the claim should be attached to the claim form and referenced in the attachments.</text> </paragraph> <paragraph num="C."> <text>A claim specifies the counties in which a court will have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland, and an election by the claimant as to which of the counties is to have venue over the claim. A dual election is not permissible.</text> </paragraph> <paragraph num="D."> <text>A claim may state the one or more particular recognized specialities within which the controversy lies.</text> </paragraph> <paragraph num="E."> <text>A claim shall specify that the damages claimed are in excess of the jurisdictional limit of the Maryland District Court. A claim for a lesser amount is not within the jurisdiction of the Act.</text> </paragraph> <paragraph num="F."> <text>Certificate of Merit.</text> <paragraph num="(1)"> <text>A claim or a defense is substantiated by the filing of a certificate of merit within the time provided and as more fully described by Courts and Judicial Proceedings Article, §3-2A-04(b)(1) and (2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A copy of the certificate of merit shall be served on each opposing party at the same time it is filed with the Director.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A claim may be amended to name additional defendants at any time before the completion of a panel selection, or within 10 days after the prehearing conference, whichever is later.</text> </paragraph> <paragraph num="H."> <text>Advance Costs.</text> <paragraph num="(1)"> <text>Each new claim or counter claim shall be accompanied by a filing fee of $40.</text> </paragraph> <paragraph num="(2)"> <text>Each defendant's answer shall be accompanied by a filing fee of $25.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Claims Control."> <paragraph num="A."> <text>Initial Filing of a Claim.</text> <paragraph num="(1)"> <text>A docket number is assigned to each claim when a new claim is filed.</text> </paragraph> <paragraph num="(2)"> <text>Subject to strike-period restrictions, a claim becomes a public record open during business hours for inspection.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon receipt of a claim, the chairman of an arbitration panel promptly shall forward to the Director any information and copies of correspondence and pleadings concerning the status of the claim, so that the Director's records are current.</text> </paragraph> <paragraph num="C."> <text>All original pleadings are filed with the Director except for orders which are to be signed by the chairman.</text> </paragraph> <paragraph num="D."> <text>Any portion of the claim docket that contains one party's strikes in any given category is removed from public availability until the striking process has been completed in each category.</text> </paragraph> <paragraph num="E."> <text>Each claim or third-party claim is to be accompanied by a filing fee of $40.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Service of Pleadings."> <paragraph num="A."> <text>The Director shall cause service of a copy of all claims and third-party claims to be made on each health care provider named. The sheriff's office shall make service in the jurisdiction where a defendant is located, or service may be made by any other method permitted by the Maryland Rules of Procedure.</text> </paragraph> <paragraph num="B."> <text>The sheriff or private process server shall file with the Director an affidavit of service by the appropriate return day and show upon whom service was made and the date and place where service was effected.</text> </paragraph> <paragraph num="C."> <text>All other pleadings and papers shall be filed with the Director and copies served on the chairman and the parties according to Rule 1-321 of the Maryland Rules of Procedure. All papers will contain the claim number assigned to the case upon the initial filing of the claim.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Response."> <paragraph num="A."> <text>Each health care provider served with a claim shall file with the Director a response to the claim and any third-party claim within the time specified in the Maryland Rules of Procedure, with copies to all interested parties, including the chairman. A filing fee of $25 is to accompany an initial response or other pleading. The entry of subsequent counsel or other pleadings is without charge.</text> </paragraph> <paragraph num="B."> <text>A response may state that the controversy falls within one or more particular recognized specialties.</text> </paragraph> <paragraph num="C."> <text>A third-party claim shall be filed with the Director within 30 days of the response unless a later filing is agreed to by the parties or is allowed by the chairman or the Director.</text> </paragraph> <paragraph num="D."> <text>Unless the defendant does not dispute liability, a certificate of a qualified expert and a report of the attesting expert shall be filed with the Director within 120 days from the date the claimant filed and served each defendant with a copy of claimant's certificate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Arbitration Panel Selection."> <paragraph num="A."> <text>Record of Panel Candidates.</text> <paragraph num="(1)"> <text>The Director shall compile and keep a current record of arbitration panel candidates. The Director may not submit to the parties any candidate's name whose biographical statement is more than 2 years old.</text> </paragraph> <paragraph num="(2)"> <text>The Director's records are divided into the following three categories:</text> <paragraph num="(a)"> <text>Members of the general public who are not attorneys, health care providers, or agents or employees of an insurance company or society;</text> </paragraph> <paragraph num="(b)"> <text>Attorneys who have been in the practice of law in the State for 3 years or more;</text> </paragraph> <paragraph num="(c)"> <text>Health care providers, subdivided, if practicable, by recognized health care specialties.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If feasible, each category of the Director's records or lists is to be divided into geographical areas based on the county in which the candidate resides or is willing to serve.</text> </paragraph> <paragraph num="(4)"> <text>The Director shall compile a separate list of attorneys who are qualified and willing to serve as single arbitrators.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Preparation of Candidate Lists.</text> <paragraph num="(1)"> <text>Within 20 days after the time for filing a response the Director shall prepare an initial list of attorney panel candidates that contains the names of six individuals. These candidates shall be selected randomly from individuals residing, when possible, in counties in which a court would have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland. If there are not a sufficient number of names from that county in which venue lies to permit random selection, the names shall be selected from neighboring counties, or from other individuals who are willing to serve where venue lies.</text> </paragraph> <paragraph num="(2)"> <text>The health care provider and public member lists are selected in similar fashion, except that the list of health care providers, if practicable, includes one or more health care providers from any specialty designated by any party to the action.</text> </paragraph> <paragraph num="(3)"> <text>The Director shall contact every individual on each initial list to determine the following:</text> <paragraph num="(a)"> <text>If the individual is available to serve on the panel;</text> </paragraph> <paragraph num="(b)"> <text>If the individual has any personal or economic relationship with any counsel or party to the claim for which this list is being prepared; and</text> </paragraph> <paragraph num="(c)"> <text>If there is any open medical malpractice case in which the individual is a party.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The name of an individual who is disqualified from serving will be removed from the list and will be replaced with the name of another individual randomly selected from the appropriate category and qualified according to §B(3) of this regulation.</text> </paragraph> <paragraph num="(5)"> <text>If a panel candidate knowingly fails to disclose a relationship with a party, the Director shall remove the name of the candidate from the records and, in the case of an attorney or health care provider, shall report the circumstances to the disciplinary unit of the appropriate licensing agency whenever the Director considers it appropriate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Delivery of List to Parties.</text> <paragraph num="(1)"> <text>Within 20 days after the time for filing a response, the Director shall deliver to each party identical lists of chairman candidates from the attorney category, prepared by the Director pursuant to §B of this regulation, including a brief biographical statement on each chairman candidate, and a copy of Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-07, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The Director shall deliver to each party identical lists of panel candidates from the general public and health care provider categories prepared by the Director not later than 20 days pursuant to §B of this regulation including a brief biographical statement on each panel candidate.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Party Selection of Candidates.</text> <paragraph num="(1)"> <text>In this regulation, “party” means, with respect to multiple claimants or multiple health care providers, all claimants, acting jointly, or all defendant health care providers, acting jointly, as the case may be.</text> </paragraph> <paragraph num="(2)"> <text>Within 15 days after delivery of the list of panel candidates to a party, the party may object in writing, stating the reason for objection to inclusion of a panel candidate. If a prospective health care provider panelist is the same individual as either party intends to use as a witness in the case, that fact shall be disclosed within the 15-day period or the witness may not be used at the hearing. If the panel candidate is removed from the list a replacement may be made with the name of another individual selected according to §B of this regulation. Within 30 days, or in a lesser period of time if so ordered by the chairman in conjunction with the Director upon a motion of a party, after delivery of the initial or replacement list, the parties shall return to the Director a copy of the list from which the names of not more than two panel candidates from each category may have been stricken.</text> </paragraph> <paragraph num="(3)"> <text>The parties, at any time before the beginning of the hearing, may submit to the Director a written agreement selecting a single arbitrator or an agreed upon arbitrator in any category.</text> </paragraph> <paragraph num="(4)"> <text>The Director shall make the strikes for a party on failure of the party to return a list, and for multiple claimants or defendant health care providers on notice that parties cannot agree on strikes in a particular category.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Notice of Appointment.</text> <paragraph num="(1)"> <text>Within 10 days after party selections of the panel candidates are received, the Director shall compare the lists, including those returned to the Director and those from which the Director has made strikes, and shall select the first mutually agreeable individual in each category.</text> </paragraph> <paragraph num="(2)"> <text>The Director shall notify each panel candidate selected by mailing a consent and agreement form to the candidate. Within 5 days after receiving the notice, the panel candidate shall sign and return to the Director the consent and agreement form.</text> </paragraph> <paragraph num="(3)"> <text>After a panel candidate files a written acceptance to serve, a candidate may not refuse to serve without filing with the Director a written statement of good cause showing that serving as an arbitrator would constitute an unreasonable burden or undue hardship.</text> </paragraph> <paragraph num="(4)"> <text>The Director may remove a panel member for good cause shown at least 15 days after giving notice of and reason for this intention. The panel member may submit a written statement of why there should not be such a removal and the Director shall consider any statement submitted by the panel member.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Vacancies.</text> <paragraph num="(1)"> <text>If a vacancy occurs in the chairman's position on an arbitration panel that has not begun hearings on the claim, the vacancy will be filled by a substitute panelist. The Director shall select as the substitute the next mutually agreeable individual from the list of attorney candidates. A party may withdraw a previously made strike so as to facilitate the Director's appointment of a substitute. Otherwise, the parties may agree upon any qualified individual, or a new list is made and delivered to all parties.</text> </paragraph> <paragraph num="(2)"> <text>If a vacancy occurs on an arbitration panel that has begun or completed hearings on the claim, but has not made an award, the claim is heard by a new arbitration panel, unless each party agrees in writing to the remaining panelists making the award or to a substitute panelist being selected by the Director. Otherwise a new list is delivered to all parties for striking of names.</text> </paragraph> <paragraph num="(3)"> <text>The Director shall keep three categorized lists of alternate arbitrators consisting of individuals who have served on not less than three cases and have rendered at least one award in favor of a claimant and one in favor of a defendant or, in the case of a health care provider, one who has served on at least one case in which there has been an award in favor of a claimant in which the health care provider concurred.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Contact with Panel Candidates and Members.</text> <paragraph num="(1)"> <text>Except as provided in §G(2) of this regulation, a party or counsel may not communicate directly with an arbitration panel candidate or member concerning the claim.</text> </paragraph> <paragraph num="(2)"> <text>A party or counsel shall communicate with a member of the arbitration panel only by either of the following means:</text> <paragraph num="(a)"> <text>Written communication submitted to the chairman of the panel and served on the other parties or their counsel and on the Director; or</text> </paragraph> <paragraph num="(b)"> <text>Oral communication with the panel member in the presence of the other parties or their counsel.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An individual aware of any communication with a panel candidate or member in violation of §G(1) or (2) of this regulation immediately shall notify the Director. If, after investigation, the Director determines that the communication has prejudiced a hearing, the Director shall require selection of a new arbitration panel or a new panel member, if the parties do not agree to continue without the affected panelist.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Conflict of Interest. Before the conclusion of all aspects of the controversy, a panel member may not enter into a contract or other agreement that can form the basis for any partiality with any counsel, claimant, or health care provider involved in the claim.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="General Authority of an Arbitration Panel."> <paragraph num="A."> <text>Issues.</text> <paragraph num="(1)"> <text>The chairman shall decide all issues of law.</text> </paragraph> <paragraph num="(2)"> <text>The panel, in its entirety, shall decide all issues of fact.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Duties of the Chairman. The chairman shall:</text> <paragraph num="(1)"> <text>Decide all prehearing procedures including issues relating to discovery;</text> </paragraph> <paragraph num="(2)"> <text>Contact all parties within 2 months of appointment to determine a schedule for completion of discovery and a tentative hearing date, in accordance with Regulations .09C and .11A(1) of this chapter, and issue a scheduling order to all parties and the Director;</text> </paragraph> <paragraph num="(3)"> <text>Keep all parties, the panel, the court reporter, and the Director informed of the selected hearing date, postponements, or cancellations, and adjust the schedule as necessary to accommodate the panel; and</text> </paragraph> <paragraph num="(4)"> <text>Invoke, when necessary, the authority, powers, and directions as would be exercised normally by a circuit court judge in order to preserve the orderly progress of the case, except for contempt citations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Majority of Panel. An arbitration panel shall exercise its authority by a majority.</text> </paragraph> <paragraph num="D."> <text>The Director, if admitted to the Maryland Bar, and when a chairman has not been appointed or is temporarily unable to serve, may rule on issues of law that are not dispositive of the case and on the assessment of costs.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Discovery."> <paragraph num="A."> <text>Definition. For purposes of this regulation, “party” includes every affiliate of a party.</text> </paragraph> <paragraph num="B."> <text>Personnel of an affiliate shall be considered to have the same relationship with the party as the relationship to the affiliate. All records of an affiliate are considered to be in the possession and control of, and capable of production by, the party.</text> </paragraph> <paragraph num="C."> <text>Maryland Rules of Procedure govern all discovery in any proceeding under the Act. The chairman of the arbitration panel shall determine all disputes concerning discovery.</text> </paragraph> <paragraph num="D."> <text>Time for Discovery. All discovery shall be completed within 270 days from service on the last served defendant, unless extended by the chairman for good cause shown. The arbitration panel also may set a time for completion of all discovery and all procedural matters.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Prehearing Conference."> <paragraph num="A."> <text>Time. At least 60 days before the hearings on a claim begin, unless mutually waived, all parties shall meet with the chairman of the arbitration panel in a prehearing conference.</text> </paragraph> <paragraph num="B."> <text>Purpose.</text> <paragraph num="(1)"> <text>At the prehearing conference, the parties shall consider all of the following:</text> <paragraph num="(a)"> <text>Simplification and identification of the issues;</text> </paragraph> <paragraph num="(b)"> <text>Exchange of exhibits, other documentary evidence proposed to be offered in evidence, and the identity of all proposed medical witnesses;</text> </paragraph> <paragraph num="(c)"> <text>Obtaining admissions to or stipulation of facts not remaining in dispute and the authenticity of documents;</text> </paragraph> <paragraph num="(d)"> <text>Limitation of the number of expert witnesses to be called and scheduling of the witnesses' appearances;</text> </paragraph> <paragraph num="(e)"> <text>Estimation of the length of the hearing;</text> </paragraph> <paragraph num="(f)"> <text>The first date for the hearing and successive hearings; and</text> </paragraph> <paragraph num="(g)"> <text>Any other matters that may aid in expeditious consideration and determination of the claim.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Each party is expected to be prepared fully for a useful discussion of, and authorized fully to make commitments with respect to, all problems likely to arise in the proceedings. Preparation should include advance study of all relevant material and advance information communication between participants, including requests for additional information, to the extent that it appears feasible and desirable.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Order. The chairman of the arbitration panel shall prepare an order that specifies the agreements made at the prehearing conference. A copy of the order shall be filed with the Director and served on each party. The order shall control subsequent consideration of the controversy unless, within 7 days after service of the order, a party submits to the chairman written objections to the order specifying an error or unless all parties and the chairman agree on modification of the order.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Hearings."> <paragraph num="A."> <text>Time and Place.</text> <paragraph num="(1)"> <text>The chairman shall set the time and place for all hearings. However, unless all parties agree otherwise, a hearing will be held only in a county in which a court would have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The chairman may postpone a hearing on request of a party for good cause shown, or on the panel's own motion.</text> </paragraph> <paragraph num="(3)"> <text>The chairman may continue or recess a hearing from time to time as necessary.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice.</text> <paragraph num="(1)"> <text>The chairman shall give each party at least 15 days notice of a hearing. However, this provision does not apply to resumption of a hearing that has been continued according to §A(3) of this regulation, if reasonable notice of the resumption has been given. Appearance at the hearing by a party waives any objection the party may have to any defect concerning the notice requirement unless the objection is specifically reserved.</text> </paragraph> <paragraph num="(2)"> <text>The chairman shall also give public notice of the hearing. This requirement is complied with by filing a notice of the hearing at the office of the Director at least 2 days before the hearing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Default. Notwithstanding the failure of a duly notified party to appear, the arbitration panel may hear and, on the evidence produced, determine the controversy.</text> </paragraph> <paragraph num="D."> <text>Rules of Evidence.</text> <paragraph num="(1)"> <text>The arbitration panel is not bound by the technical rules of evidence.</text> </paragraph> <paragraph num="(2)"> <text>Properly authenticated hospital records and the records of treating health care providers are admissible without the necessity of calling the physician, subject to reasonable notice, and the right of the opposing party to depose.</text> </paragraph> <paragraph num="(3)"> <text>A party may not produce testimony from more than two experts in a designated specialty unless the chairman, for good cause shown, permits additional experts.</text> </paragraph> <paragraph num="(4)"> <text>Evidence of any advance payment under Courts and Judicial Proceedings Article, §3-2A-08(a), and Article 48A, §482(c), Annotated Code of Maryland, is not admissible until after the arbitration panel determines the issue of liability.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Rights of Parties.</text> <paragraph num="(1)"> <text>Each party has the right to be represented by counsel at any phase of the proceedings under the Act. If a party appears without counsel, the arbitration panel, if it has not done so previously, will on the record advise the party of the complexity of health care claims and suggest consideration of retaining counsel. A party who elects not to retain counsel may proceed without counsel. An attorney appearing in a representative capacity shall file with the Director a notice of appearance.</text> </paragraph> <paragraph num="(2)"> <text>On written request of a party for an interpreter, the panel shall first determine the need for an interpreter and, if needed, the panel shall provide the interpreter. The cost of the interpreter is considered a cost of the proceedings. A request for an interpreter shall be made not less than 30 days in advance of the hearing date.</text> </paragraph> <paragraph num="(3)"> <text>At the hearing, each party has the right to be heard, to present evidence material to the controversy, and to cross-examine witnesses.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Authority of Panel—Subpoenas.</text> <paragraph num="(1)"> <text>The chairman or the panel may issue subpoenas for attendance of witnesses and for production of records and other evidence.</text> </paragraph> <paragraph num="(2)"> <text>The chairman or the panel or any party may petition the court to enforce a subpoena. All provisions of law that may compel an individual under subpoena to testify apply to proceedings under the Act.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Authority of Panel—Witnesses.</text> <paragraph num="(1)"> <text>On request of a party, or on the panel's own motion, the arbitration panel shall administer the oath to a witness.</text> </paragraph> <paragraph num="(2)"> <text>Any panel member may question a witness.</text> </paragraph> <paragraph num="(3)"> <text>Witness fees are as provided for a witness in circuit courts of this State.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Authority of Panel—Record.</text> <paragraph num="(1)"> <text>Hearings before the Arbitration Panel.</text> <paragraph num="(a)"> <text>All proceedings before the arbitration panel are recorded.</text> </paragraph> <paragraph num="(b)"> <text>On written request of a party or on the panel's own motion, the proceedings, in whole or part, will be transcribed.</text> </paragraph> <paragraph num="(c)"> <text>If requested by a party, that party shall bear the cost of transcribing.</text> </paragraph> <paragraph num="(d)"> <text>If requested by the panel, the cost will become a part of the other assessable costs of the case, but a party may object to the incurring of this additional cost.</text> </paragraph> <paragraph num="(e)"> <text>The recorded tapes may not be destroyed for at least 5 years.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Corrections and changes may not be made on the official transcript unless one of the following occurs:</text> <paragraph num="(a)"> <text>The arbitration panel determines the correction to be necessary to conform the transcript with the evidence as presented; or</text> </paragraph> <paragraph num="(b)"> <text>All parties agree in writing to the correction and the chairman of the panel concurs with the agreement.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Authority of Panel—Close of Hearing.</text> <paragraph num="(1)"> <text>After presentation of all evidence, an arbitration panel may order the parties to file briefs.</text> </paragraph> <paragraph num="(2)"> <text>The hearing shall close after presentation of all evidence or, if briefs are ordered, on the final date set for submission of briefs, or counsel's arguments on the briefs.</text> </paragraph> <paragraph num="(3)"> <text>An arbitration panel may reopen the hearing on written request of a party for good cause shown, or on the panel's own motion, at any time before the arbitration panel files its award.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Award."> <paragraph num="A."> <text>Determination of Liability. An arbitration panel first shall determine, with respect to each health care provider named in the claim, whether or not there is liability to a claimant. This panel determination shall be considered an award, as to the issue of liability, for purposes of Courts and Judicial Proceedings Article, §3-2A-08(a), Annotated Code of Maryland. All remuneration vouchers of panel members and court reporting charges shall be submitted to the Director within 7 days after the date of the panel determination.</text> </paragraph> <paragraph num="B."> <text>Award for Provider. If the arbitration panel determines that a health care provider is not liable, the panel shall make an award in favor of the provider.</text> </paragraph> <paragraph num="C."> <text>Award for Claimant.</text> <paragraph num="(1)"> <text>If the arbitration panel determines that a health care provider is liable, the panel shall then consider and determine the amount of damages in accordance with §C of this regulation, and, subject to Courts and Judicial Proceedings Article, §§11-108 and 11-109, Annotated Code of Maryland, causes of action arising on or after July 1, 1986. Evidence of advance payments pursuant to Article 48A, §482A(c), Annotated Code of Maryland, is admissible at this stage of the proceeding.</text> </paragraph> <paragraph num="(2)"> <text>The panel shall determine:</text> <paragraph num="(a)"> <text>If one provider is determined liable to one claimant, the total amount of damages owed by the provider to the claimant;</text> </paragraph> <paragraph num="(b)"> <text>If more than one provider is determined liable to one claimant, the total amount of damages owed by each provider to the claimant;</text> </paragraph> <paragraph num="(c)"> <text>If one provider is determined liable to more than one claimant, the total amount of damages owed by the provider to each claimant; and</text> </paragraph> <paragraph num="(d)"> <text>If more than one provider is determined liable to more than one claimant, the total amount of damages owed by each provider to each claimant.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If advance payment has been made under Courts and Judicial Proceedings Article, §3-2A-08(a), and Article 48A, §482A(c), Annotated Code of Maryland, the arbitration panel shall subtract the amount of advance payments made to a claimant on behalf of a provider from the total damages calculated to be owed by the provider to the claimant under §C of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>The award of damages shall be adjusted as follows:</text> <paragraph num="(a)"> <text>If the amount of total damages exceeds the amount of advance payments, the net amount constitutes the award of damages for purposes of §C(4)(b) of this regulation, and, at the option of the claimant, is payable in a lump sum or periodic payments;</text> </paragraph> <paragraph num="(b)"> <text>If the amount of advance payments exceeds the amount of total damages, the arbitration panel may not require any repayment by a claimant, but may make any other equitable adjustment of the award of damages, including contribution from other parties determined liable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Arbitration Costs.</text> <paragraph num="(1)"> <text>An arbitration panel shall determine the responsibility for paying the arbitration costs, and may apportion the costs among any of the parties, in specific fractional or percentage figures.</text> </paragraph> <paragraph num="(2)"> <text>Arbitration panel members are entitled to the following remuneration for time spent in transaction of arbitration duties:</text> <paragraph num="(a)"> <text>The chairman is entitled to receive $35 per hour;</text> </paragraph> <paragraph num="(b)"> <text>A medical doctor or dentist panel member is entitled to receive $25 per hour;</text> </paragraph> <paragraph num="(c)"> <text>A health care provider, other than a medical doctor or dentist, is entitled to receive remuneration of $15 per hour; and</text> </paragraph> <paragraph num="(d)"> <text>A public member is entitled to receive remuneration of $10 per hour.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In addition to the remuneration set forth in §D(2) of this regulation, each member of an arbitration panel is entitled to receive reimbursement for expenses incurred in transaction of the panel's business, according to the standard travel regulations adopted by the Board of Public Works.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Form of Award.</text> <paragraph num="(1)"> <text>Not more than 1 year after the last defendant was served, and within 10 days after the close of the hearing, the arbitration panel shall submit to the Director a written award, or the results of an application for modification, that concisely states the following information:</text> <paragraph num="(a)"> <text>With respect to each health care provider, that there is or there is not liability;</text> </paragraph> <paragraph num="(b)"> <text>If applicable, the amount of damages calculated under §C of this regulation;</text> </paragraph> <paragraph num="(c)"> <text>The responsibility for the arbitration costs and any apportionment of it made under §D of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Director shall cause a copy of the award or the application for modification result and the arbitration costs amount to be mailed to each party not less than 15 days after receipt from the panel.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Settlements.</text> <paragraph num="(1)"> <text>At any time that a claim is open, the parties who agree on a settlement may submit the written settlement agreement to the Director or to the chairman.</text> </paragraph> <paragraph num="(2)"> <text>An arbitration panel may incorporate a settlement agreement in its award. However, a settlement agreement does not affect a party not participating in the agreement and does not prevent a panel determination of the issues involving those nonparticipating parties.</text> </paragraph> <paragraph num="(3)"> <text>An arbitration panel shall determine the amount of arbitration costs incurred before settlement, and may apportion the costs among the parties unless the settlement provides for payment of the costs. If there is not a full panel, the chairman shall make this decision.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Counsel Fees.</text> <paragraph num="(1)"> <text>If an arbitration panel finds that a party has acted in bad faith in asserting or defending a claim, it may require that party, or the party's attorney, or both, to pay the adverse party's costs, reasonable expenses, including attorneys' fees, or any portion of them, as a part of the award.</text> </paragraph> <paragraph num="(2)"> <text>Only if a legal fee is in dispute will it be approved by the arbitration panel, or by the court to which an appeal is taken.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Modification of Award."> <paragraph num="A."> <text>Application of Modification.</text> <paragraph num="(1)"> <text>Within 20 days after an award is mailed to a party, the party may apply to the arbitration panel for modification of the award.</text> </paragraph> <paragraph num="(2)"> <text>Each other party shall be given notice of the application for modification stating that the party may file an objection to the application within 10 days after receiving the notice.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Basis for Modification.</text> <paragraph num="(1)"> <text>An arbitration panel may modify its award for any of the following purposes:</text> <paragraph num="(a)"> <text>To clarify the award;</text> </paragraph> <paragraph num="(b)"> <text>To correct the imperfect form of an award, not affecting the merits of the controversy;</text> </paragraph> <paragraph num="(c)"> <text>To correct an obvious miscalculation of figures or an obvious mistake in the description of an individual, thing, or property referred to in the award;</text> </paragraph> <paragraph num="(d)"> <text>Without affecting the merits of the determination on issues submitted to an arbitration panel, to correct an award made on a matter not submitted to the panel; or</text> </paragraph> <paragraph num="(e)"> <text>To correct any obvious error or injustice.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An arbitration panel shall modify its award according to a court order made under Courts and Judicial Proceedings Article, §3-222(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>A modified award includes, as a separate item, an assessment of the amount of additional arbitration costs incurred in determination of the issue modifying the award.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Filing of Modified Award.</text> <paragraph num="(1)"> <text>Within 20 days after an application for award modification is referred to the arbitration panel, the panel shall submit to the Director the following:</text> <paragraph num="(a)"> <text>A written statement of the panel's determination on the application;</text> </paragraph> <paragraph num="(b)"> <text>The modification to the award, if any;</text> </paragraph> <paragraph num="(c)"> <text>The additional arbitration costs incurred; and</text> </paragraph> <paragraph num="(d)"> <text>The allocation of those costs among the parties or to any one of the parties in accordance with the provisions of Regulation .12C of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Director shall cause a copy of the arbitration panel's modification determination and the cost amount to be served on each party within 15 days after receipt of it.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Rejection of Award."> <paragraph num="A."> <text>Time for Rejection. Within 30 days after an award is mailed to a party, or, if application for modification was made, within 10 days after a determination on the application is mailed to a party, whichever period is greater, a party may reject the award or the assessment of costs under an award, or modification ruling, as provided in this regulation.</text> </paragraph> <paragraph num="B."> <text>Notice of Rejection.</text> <paragraph num="(1)"> <text>Subject to §B(2) of this regulation, a party may reject an award or the assessment of costs under an award by filing with the Director and serving on each other party a notice of rejection.</text> </paragraph> <paragraph num="(2)"> <text>A rejecting party shall also file with the court an action to nullify the award or the assessment of costs under an award. Failure to file this action, within the time period in §A of this regulation, constitutes a withdrawal of any notice of rejection.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The party rejecting an award, or the assessment of costs under an award, shall notify the Director of the appellate court's case identification number as soon as it is known to the party. If an action to nullify is not timely filed, that fact shall be made known to the Director immediately by the rejecting party.</text> </paragraph> <paragraph num="D."> <text>Form of Action. The Maryland Rules of Procedure govern the form of all actions to nullify awards.</text> </paragraph> <paragraph num="E."> <text>The Director need not be named as a party to an action under this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Confirmation of Award."> <text>On the expiration of the times for modification and rejection of an award, the Director, when requested by a party, shall file a copy of the award with the appropriate court, and the court shall confirm the award. The cost of the filing shall be paid in advance by the party requesting the filing.</text> </regulation> <regulation prefix="Regulation" num=".16" heading="Waiver of Arbitration."> <paragraph num="A."> <text>At any time after a claim and responses to it have been filed with the Health Care Alternative Dispute Resolution Office by all parties named in the claim, but before the hearing begins, a written waiver of arbitration may be filed. If the waiver is signed by all parties, it is mutually binding on all parties and transfers the jurisdiction over the case to the circuit court of the county in which venue lies, but the case is subject to a lien for all costs of arbitration through the date of transfer.</text> </paragraph> <paragraph num="B."> <text>Upon the filing of a waiver, the chairman shall sign immediately an order of transfer directing the removal of the case from the Health Care Alternative Dispute Resolution Office to the appropriate circuit court, and directing the payment of arbitration costs to date.</text> </paragraph> <paragraph num="C."> <text>The party submitting the waiver to the Health Care Alternative Dispute Resolution Office shall be responsible for notifying the office of the receiving circuit court's case identification number within 10 days after the case has been docketed.</text> </paragraph> <paragraph num="D."> <text>If the waived case is not filed in the appropriate circuit court in a timely fashion, and the claim is dismissed, the claimant shall be responsible for all arbitration costs unless a formal order or agreement of the parties directs otherwise.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Unilateral Waiver of Arbitration."> <paragraph num="A."> <text>Arbitration of a claim with the Health Care Alternative Dispute Resolution Office may be waived by the claimant or any health care provider as stated in this regulation.</text> </paragraph> <paragraph num="B."> <text>Waiver by Claimant.</text> <paragraph num="(1)"> <text>Subject to the time limitations in §D of this regulation, a claimant may waive arbitration, at any time after filing the certificate of merit in accordance with Regulation .03F of this chapter, by filing a written election to waive arbitration with the Director.</text> </paragraph> <paragraph num="(2)"> <text>The claimant shall serve the written election to waive arbitration on all parties in accordance with Maryland Rules of Procedure.</text> </paragraph> <paragraph num="(3)"> <text>If the claimant waives arbitration under this regulation, all defendants shall comply with Regulation .03F of this chapter by filing their certificate of merit either with the Health Care Alternative Dispute Resolution Office or in the appropriate circuit court or United States District Court.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Waiver by Defendant.</text> <paragraph num="(1)"> <text>Subject to the time limitations in §D of this regulation, a defendant may waive arbitration at any time after the claimant has filed a certificate of merit in accordance with Regulation .03F of this chapter by filing a written election to waive arbitration with the Director.</text> </paragraph> <paragraph num="(2)"> <text>The defendant shall serve the written election to waive arbitration on all parties in accordance with the Maryland Rules of Procedure.</text> </paragraph> <paragraph num="(3)"> <text>If the defendant waives arbitration under this regulation, all defendants shall comply with Regulation .03F of this chapter by filing their certificates of merit either with the Health Care Alternative Dispute Resolution Office or in the appropriate circuit court or United States District Court.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Unilateral Waiver Limitations.</text> <paragraph num="(1)"> <text>A written election to waive arbitration under this regulation, filed by a party, may not be filed later than 60 days after all defendants have filed a certificate of merit in accordance with Regulation .03F of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>A written election to waive arbitration filed after this date shall be in accordance with Regulation .16 of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>After filing the written election to waive arbitration, the Director shall file an order of transfer with the appropriate circuit court which shall be binding upon all parties.</text> </paragraph> <paragraph num="F."> <text>Filing Complaint with Circuit Court.</text> <paragraph num="(1)"> <text>Within 60 days of the filing of a written election to waive arbitration by a party, the claimant shall file a complaint and a copy of the election to waive arbitration in the appropriate circuit court or United States District Court.</text> </paragraph> <paragraph num="(2)"> <text>After filing the complaint, the claimant shall serve a summons and a copy of the complaint on all parties.</text> </paragraph> <paragraph num="(3)"> <text>Failure to file a complaint within 60 days of filing the written election to waive arbitration may be grounds for dismissal of the complaint, if:</text> <paragraph num="(a)"> <text>A motion by an opposing party is filed; and</text> </paragraph> <paragraph num="(b)"> <text>There is a finding of prejudice to the opposing party because of the delay in filing the complaint.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>After the filing of a written election to waive arbitration under this regulation, if a party adds an additional defendant as a party in a complaint, the party shall file a certificate of merit in accordance with Regulation .03F of this chapter with respect to the additional defendant.</text> </paragraph> <paragraph num="H."> <text>In any case subject to this regulation, the procedures of Regulation .16 of this chapter apply.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 22, 1976 (3:26 Md. R. 1536)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12D amended as an emergency provision effective August 25,</annotation> <annotation type="History" subtype="Administrative History">1980 (7:18 Md. R. 1732); adopted permanently effective November</annotation> <annotation type="History" subtype="Administrative History">14, 1980 (7:23 Md. R.2163)</annotation> <annotation type="History" subtype="Administrative History">Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability</annotation> <annotation type="History" subtype="Administrative History">Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.</annotation> <annotation type="History" subtype="Administrative History">App. 350 (1985)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)</annotation> </annotations> </chapter> </subtitle> <subtitle num="04" heading="Governor'S Office of Crime Prevention, Youth, and Victim Services"> <chapter num="01" heading="Domestic Violence Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The Maryland Domestic Violence Program is a State-wide program to make available a temporary sheltered environment and supportive services to meet the special needs of victims of domestic violence and their children through a network of local domestic violence service programs.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abuse” means:</text> <paragraph num="(a)"> <text>An act that causes serious bodily harm;</text> </paragraph> <paragraph num="(b)"> <text>An act that places an individual in fear of imminent serious bodily harm;</text> </paragraph> <paragraph num="(c)"> <text>Battery or assault and battery;</text> </paragraph> <paragraph num="(d)"> <text>Rape or sexual offense as defined by Criminal Law Article, §§3-303—3-306, Annotated Code of Maryland, or attempted rape or sexual offense; or</text> </paragraph> <paragraph num="(e)"> <text>False imprisonment.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Batterer” means an individual who has abused a current or former spouse, or current or former cohabitant.</text> </paragraph> <paragraph num="(3)"> <text>“Nonshelter services” means those services provided to the victim of domestic violence and any immediate family while not residing at the safe accommodation.</text> </paragraph> <paragraph num="(4)"> <text>“Office” means the Governor’s Office of Crime Control and Prevention.</text> </paragraph> <paragraph num="(5)"> <text>“Program” means a local domestic violence service program, in a specific area of the State, designed to meet the needs of a victim of domestic violence and the family.</text> </paragraph> <paragraph num="(6)"> <text>“Safe accommodation” means that location where the victim of domestic violence and children may take refuge from the batterer.</text> </paragraph> <paragraph num="(7)"> <text>“Shelter” means a specific facility operated by a domestic violence program designed to be a safe accommodation.</text> </paragraph> <paragraph num="(8)"> <text>“Shelter services” means those services provided to the victim of domestic violence and any children while they reside at the safe accommodation.</text> </paragraph> <paragraph num="(9)"> <text>“Victim of domestic violence” means an individual who has received deliberate, severe, and demonstrable physical injury or is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse, or a current or former cohabitant, as defined in Family Law Article, §4-501, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility."> <paragraph num="A."> <text>A victim of domestic violence who is a resident of Maryland and any children are eligible for shelter services from a program.</text> </paragraph> <paragraph num="B."> <text>A victim of domestic violence and any immediate family are eligible for nonshelter services from a program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application Procedure."> <paragraph num="A."> <text>A victim of domestic violence or a batterer may apply directly to a program for service, or be referred from another source.</text> </paragraph> <paragraph num="B."> <text>Program staff shall assess the application and determine whether services are available and appropriate for the applicant. When the program is at capacity or when the service is not appropriate to the applicant's needs, the staff shall refer the applicant to other appropriate resources.</text> </paragraph> <paragraph num="C."> <text>For the applicant who is accepted for shelter services, staff shall explain the services available and obtain the applicant's written agreement to abide by the shelter rules.</text> </paragraph> <paragraph num="D."> <text>Within the first 3 working days from the date of admission to a shelter, staff, with the applicant, shall develop and begin to implement a written comprehensive service plan.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Program Services."> <paragraph num="A."> <text>The program shall include the following services:</text> <paragraph num="(1)"> <text>Receipt and response to crisis calls on a 24-hour basis;</text> </paragraph> <paragraph num="(2)"> <text>Safe accommodation and board for the victim of domestic violence and any children;</text> </paragraph> <paragraph num="(3)"> <text>Counseling services for the victim of domestic violence to alleviate the immediate crisis;</text> </paragraph> <paragraph num="(4)"> <text>Counseling services for the batterer; and</text> </paragraph> <paragraph num="(5)"> <text>Information and referral service as needed to other community resources.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The program may include the following services:</text> <paragraph num="(1)"> <text>Continuing counseling after the immediate crisis;</text> </paragraph> <paragraph num="(2)"> <text>Legal services and counseling as provided by attorneys or paralegal personnel;</text> </paragraph> <paragraph num="(3)"> <text>Specialized services designed to help children of a victim of domestic violence or a batterer;</text> </paragraph> <paragraph num="(4)"> <text>Accompaniment for legal and medical services; and</text> </paragraph> <paragraph num="(5)"> <text>Supportive services to help meet the need for:</text> <paragraph num="(a)"> <text>Housing,</text> </paragraph> <paragraph num="(b)"> <text>Employment,</text> </paragraph> <paragraph num="(c)"> <text>Education,</text> </paragraph> <paragraph num="(d)"> <text>Parenting skills,</text> </paragraph> <paragraph num="(e)"> <text>Child care,</text> </paragraph> <paragraph num="(f)"> <text>Health care,</text> </paragraph> <paragraph num="(g)"> <text>Transportation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The program may offer education and training to the community.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Duration of Services."> <paragraph num="A."> <text>The program shall terminate services when:</text> <paragraph num="(1)"> <text>The goal set in the service plan is reached;</text> </paragraph> <paragraph num="(2)"> <text>The recipient requests termination of services;</text> </paragraph> <paragraph num="(3)"> <text>A shelter services recipient fails to abide by the shelter rules; or</text> </paragraph> <paragraph num="(4)"> <text>The shelter staff decides with the recipient that the service is no longer appropriate.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Residence in the shelter may not continue beyond 2 months unless a reevaluation of the service plan confirms that continuing residency is required and the shelter has available space.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Requirements for a Shelter Provided by a Program."> <paragraph num="A."> <text>The shelter shall have available:</text> <paragraph num="(1)"> <text>Room and board capacity for the resident victim of domestic violence and any minor children;</text> </paragraph> <paragraph num="(2)"> <text>Counseling; and</text> </paragraph> <paragraph num="(3)"> <text>Paid staff or volunteers trained to assess need, establish eligibility, and develop comprehensive service plans.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The shelter shall meet the physical requirements of applicable State and local fire codes and applicable State and local health codes.</text> </paragraph> <paragraph num="C."> <text>The program shall make available to the Office upon request a copy of the shelter rules, including the grievance procedure.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Requirements for the Domestic Violence Program Staff."> <paragraph num="A."> <text>Professional, paraprofessional staff and volunteers shall be trained to provide crisis intervention and continuing counseling and supportive services.</text> </paragraph> <paragraph num="B."> <text>Paraprofessional staff and volunteers shall have experience in interviewing persons under stress and shall be supervised by professional staff.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Requirements for Program Documentation and Records."> <paragraph num="A."> <text>Fiscal Recording. The program shall:</text> <paragraph num="(1)"> <text>Maintain books, records, documents, and other evidence of all expenditures and income;</text> </paragraph> <paragraph num="(2)"> <text>Maintain records according to generally acceptable standards of accounting; and</text> </paragraph> <paragraph num="(3)"> <text>Present upon receipt of reasonable notice all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Case Record. For each:</text> <paragraph num="(1)"> <text>Applicant for service, the program shall collect and retain basic identifying and demographic data concerning the applicant, and the nature of the request for service;</text> </paragraph> <paragraph num="(2)"> <text>Recipient of service, the program shall collect and retain data concerning the services rendered, including the service plan, and disposition of the case.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The program is responsible for compilation and transmittal of statistical data as required by the Office.</text> </paragraph> <paragraph num="D."> <text>The program shall retain all records for a period of 3 years following the completion of services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Confidentiality."> <paragraph num="A."> <text>The program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except:</text> <paragraph num="(1)"> <text>As required by State law regarding the reporting of cases of suspected child abuse or neglect; or</text> </paragraph> <paragraph num="(2)"> <text>To Governor’s Office of Crime Control and Prevention employees authorized to monitor or audit the program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The program shall maintain all written records regarding applicants and recipients of service in a securely locked location.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Grievance Procedure."> <paragraph num="A."> <text>The program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the program, a procedure by which the grievance may be heard. The procedure shall include a notice of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the program director or the director's designee that affirms or reverses the program's action. The written determination shall include the basis for the decision.</text> </paragraph> <paragraph num="B."> <text>The program shall make available to the Office upon request a summary of each decision rendered, including findings of fact concerning each grievance heard.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 25, 1985 (12:6 Md. R. 594)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective February 12, 1996 (23:3 Md. R. 166)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> </annotations> </chapter> <chapter num="02" heading="Rape Crisis Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The Maryland Rape Crisis Program is a State-wide program to make available counseling and supportive services to meet the special needs of alleged victims of rape and sexual offenses through a network of local rape crisis service programs.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>“Office” means the Governor’s Office of Crime Control and Prevention.</text> </paragraph> <paragraph num="B."> <text>“Rape crisis service program” means a local program designed to meet the needs of an alleged victim of rape or sexual offense in a specific area of the State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility."> <text>A person who has been an alleged victim of a rape or sexual offense is eligible for services from a rape crisis service program.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Application Procedure."> <paragraph num="A."> <text>An alleged victim of a rape or sexual offense may apply directly to a rape crisis service program for service, or be referred from another source.</text> </paragraph> <paragraph num="B."> <text>A staff person shall assess the application and determine whether services are available and appropriate for the applicant. When the service is unavailable or not appropriate to the applicant's needs, the staff person shall refer the applicant to other appropriate resources.</text> </paragraph> <paragraph num="C."> <text>For the applicant who is accepted for services, the staff person shall explain the services, and develop and begin to implement the service plan.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Program Services."> <paragraph num="A."> <text>The local program shall offer the following services to adult and child victims of rape and sexual offenses:</text> <paragraph num="(1)"> <text>Receipt and response to crisis calls on a 24-hour basis;</text> </paragraph> <paragraph num="(2)"> <text>Counseling with the alleged victim and his or her friends and relatives to alleviate the immediate crisis;</text> </paragraph> <paragraph num="(3)"> <text>Accompaniment for medical services;</text> </paragraph> <paragraph num="(4)"> <text>Assistance and support for the victim using mental health, social, medical, police, and legal services;</text> </paragraph> <paragraph num="(5)"> <text>Information and education for the general public regarding the prevention and treatment of rape and sexual offenses;</text> </paragraph> <paragraph num="(6)"> <text>Other specialized services designed to help adult and child victims and their families.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The local program may offer the following services:</text> <paragraph num="(1)"> <text>On-going counseling;</text> </paragraph> <paragraph num="(2)"> <text>Specialized services designed to help adult victims of incest;</text> </paragraph> <paragraph num="(3)"> <text>Assistance and support to the victim in legal and judicial proceedings;</text> </paragraph> <paragraph num="(4)"> <text>Training of professionals in the community who are involved in the investigation or prosecution of sexual offenses or the provision of services to victims.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Duration of Services."> <text>The local program shall terminate services when the:</text> <paragraph num="A."> <text>Goal set in the service plan is reached;</text> </paragraph> <paragraph num="B."> <text>Recipient requests termination of services; or</text> </paragraph> <paragraph num="C."> <text>Staff decides with the recipient that the service is no longer appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Requirements for the Rape Crisis Service Program Staff."> <paragraph num="A."> <text>Professional, para-professional staff, and volunteers shall be trained to provide crisis intervention counseling and supportive services.</text> </paragraph> <paragraph num="B."> <text>Para-professional staff and volunteers shall have experience in interviewing persons under stress and shall be supervised by professional staff.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Requirements for Local Program Documentation and Records."> <paragraph num="A."> <text>Fiscal Recording. The local program shall:</text> <paragraph num="(1)"> <text>Maintain books, records, documents, and other evidence of all expenditures and income;</text> </paragraph> <paragraph num="(2)"> <text>Maintain records according to generally accepted standards of accounting;</text> </paragraph> <paragraph num="(3)"> <text>Present upon receipt of reasonable notice all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the local program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Case Record.</text> <paragraph num="(1)"> <text>For each applicant for service, the local program shall collect and retain basic identifying and demographic data concerning the applicant, and the nature of the request for service.</text> </paragraph> <paragraph num="(2)"> <text>For each recipient of service, the local program shall collect and retain data concerning the services rendered, including the service plan, and disposition of the case.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The local program is responsible for compilation and transmittal of statistical data as required by the Office.</text> </paragraph> <paragraph num="D."> <text>All records shall be retained for a period of 3 years following completion of services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Confidentiality."> <paragraph num="A."> <text>The local program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except:</text> <paragraph num="(1)"> <text>As required by State law regarding the reporting of cases of suspected child abuse or neglect; or</text> </paragraph> <paragraph num="(2)"> <text>To Governor’s Office of Crime Control and Prevention employees authorized to monitor or audit the program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The local program shall maintain all written records regarding applicants and recipients of service in a securely locked location.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Grievance Procedure."> <paragraph num="A."> <text>The local program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the local program, a procedure by which the grievance may be heard. The procedure shall include a notice of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the local program director or his or her designee that affirms or reverses the local program's action. The written determination shall include the basis for the decision.</text> </paragraph> <paragraph num="B."> <text>The local program shall forward to the Office a summary of each decision rendered, including findings of fact concerning each grievance heard.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Criminal Procedure Article, §11-923, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 25, 1985 (12:6 Md. R. 594)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> </annotations> </chapter> <chapter num="03" heading="Crime Victims' Services Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The Maryland Crime Victims' Services Program, subject to the availability of funds, provides specialized services to meet the needs of victims of crime through a network of local crime victims' assistance programs. Priority in funding shall be given to local crime victims' assistance programs serving victims of sexual assault, domestic violence, and child abuse.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Crime victims' assistance program” means a local program providing direct services to victims of crime.</text> </paragraph> <paragraph num="(2)"> <text>“Office” means the Governor’s Office of Crime Control and Prevention.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility."> <text>An individual who has been an alleged victim of a crime, as well as affected family or friends, or both, of the alleged victim of crime, are eligible for services from a crime victims' assistance program.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Application Procedure."> <paragraph num="A."> <text>An individual who has been an alleged victim of a crime, as well as that individual's family member or friend, may apply directly to a crime victims' assistance program for services, or be referred from another source.</text> </paragraph> <paragraph num="B."> <text>A member of the staff shall assess the application and determine whether services are available and appropriate for the applicant. When the service is unavailable or not appropriate for the applicant's needs, the staff member shall refer the applicant to other appropriate resources.</text> </paragraph> <paragraph num="C."> <text>For the applicant who is accepted for services, the staff member shall explain the services and develop and begin to implement the service plan.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Program Services."> <paragraph num="A."> <text>The local program shall offer services that directly benefit the crime victim. These services may include, but are not limited to, the following:</text> <paragraph num="(1)"> <text>Crisis intervention services that meet urgent emotional or physical needs of crime victims. Crisis intervention services may include the operation of a 24-hour hotline that provides counseling or referral for crime victims.</text> </paragraph> <paragraph num="(2)"> <text>Emergency services that:</text> <paragraph num="(a)"> <text>Provide temporary shelter for crime victims who cannot safely remain in their current lodgings;</text> </paragraph> <paragraph num="(b)"> <text>Offer measures such as repair of locks or boarding up of windows to prevent the immediate reburglarization of a home or an apartment; or</text> </paragraph> <paragraph num="(c)"> <text>Provide crime victims petty cash for meeting immediate needs related to transportation, food, shelter, and other necessities.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Support services that include:</text> <paragraph num="(a)"> <text>Follow-up counseling for other than crisis reactions, reassurance and empathetic listening, and guidance for resolving practical problems created by the experience of victimization;</text> </paragraph> <paragraph num="(b)"> <text>Acting on the crime victim's behalf vis-a-vis other social services and criminal justice agencies;</text> </paragraph> <paragraph num="(c)"> <text>Assistance in obtaining the swift return of property being kept by police as evidence;</text> </paragraph> <paragraph num="(d)"> <text>Intervention, as appropriate, with landlords or employers; and</text> </paragraph> <paragraph num="(e)"> <text>Referral to other sources of assistance, as needed.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Court-related services that assist crime victims in participating in criminal justice proceedings including transportation to court, child care, and accompaniment services.</text> </paragraph> <paragraph num="(5)"> <text>Payment of all reasonable costs for a forensic examination of a victim of sexual assault/abuse, to the extent that these costs are not otherwise reimbursed or paid by third parties. Funds may only be used to pay for those forensic examinations that conform to standards adopted by the State or meet the evidentiary requirements of the local prosecutor.</text> </paragraph> <paragraph num="(6)"> <text>Training for those individuals, salaried or volunteer staff, who provide direct services to crime victims, which may include personnel employed by criminal justice, social services, mental health, or related agencies.</text> </paragraph> <paragraph num="(7)"> <text>Printing and distribution of brochures and similar announcements describing the direct services available and how to obtain a program's assistance, and similar public notification efforts intended to recruit volunteers.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The local program shall assist victims in seeking available crime victims' compensation benefits. This assistance may be achieved by identifying and notifying potential recipients of the compensation program and assisting them with the application forms and procedures.</text> </paragraph> <paragraph num="C."> <text>The local program shall promote coordinated public and private efforts to aid crime victims within the community served.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Termination of Services."> <text>The local program shall terminate services when the:</text> <paragraph num="A."> <text>Goal set in the service plan is reached;</text> </paragraph> <paragraph num="B."> <text>Recipient requests termination of services; or</text> </paragraph> <paragraph num="C."> <text>Staff decides with the recipient that the service is no longer appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Requirements for Crime Victims' Assistance Program Staff."> <paragraph num="A."> <text>The local program shall use volunteers unless and to the extent the Governor or the Governor's designee determines that compelling reasons exist to waive this requirement.</text> </paragraph> <paragraph num="B."> <text>Professional and para-professional staff and volunteers shall have training or experience in interviewing individuals in crisis and providing supportive services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Requirements for Local Program Documentation and Records."> <paragraph num="A."> <text>Fiscal Recording. The local program shall:</text> <paragraph num="(1)"> <text>Maintain books, records, documents, and other evidence of all expenditures and income;</text> </paragraph> <paragraph num="(2)"> <text>Maintain records according to generally acceptable standards of accounting;</text> </paragraph> <paragraph num="(3)"> <text>Present all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the local program, upon reasonable notice.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Case Record. For each:</text> <paragraph num="(1)"> <text>Applicant for service, the local program shall collect and retain basic identifying and demographic data concerning the applicant, and the nature of the request for service;</text> </paragraph> <paragraph num="(2)"> <text>Recipient of service, the local program shall collect and retain data concerning the services rendered, including the service plan and disposition of the case.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The local program is responsible for compilation and transmittal of statistical data as required by the Office.</text> </paragraph> <paragraph num="D."> <text>Records shall be retained for a period of 3 years following completion of services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Confidentiality."> <paragraph num="A."> <text>The local program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except:</text> <paragraph num="(1)"> <text>As required by State law regarding the reporting of cases of suspected child abuse or neglect; or</text> </paragraph> <paragraph num="(2)"> <text>To Governor’s Office of Crime Control and Prevention employees authorized to monitor or audit the program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The local program shall maintain all written records regarding applicants and recipients of service in a securely locked location.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Grievance Procedure."> <paragraph num="A."> <text>The local program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the local program, a procedure by which the grievance may be heard. The procedure shall include a written notice of the action taken and the basis for the action, together with a copy of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the local program director or his or her designee that affirms or reverses the local program's action. The written determination shall include the basis for the decision.</text> </paragraph> <paragraph num="B."> <text>The local program shall forward to the Office a summary of each decision rendered, including finding of facts concerning each grievance heard.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 17, 1986 (13:23 Md. R. 2479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)</annotation> </annotations> </chapter> <chapter num="04" heading="Online Access to Records of Shielded Peace and Protective Orders"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the regulations set forth in this chapter is to set forth guidelines for the process by which a nonprofit or governmental organization shall be eligible and authorized to have online access to records of otherwise shielded peace orders and protective orders.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Central Repository” means the Domestic Violence Central Repository, an electronic database maintained by the Judicial Information System of the Administrative Office of the Courts.</text> </paragraph> <paragraph num="(2)"> <text>“Office” means the Governor’s Office of Crime Control and Prevention.</text> </paragraph> <paragraph num="(3)"> <text>“Organization” means a nonprofit or governmental entity or agency that may be authorized under this chapter to have online access to records of otherwise shielded peace orders or protective orders.</text> </paragraph> <paragraph num="(4)"> <text>“Peace order” means either an interim peace order issued by a district court commissioner or a temporary or final peace order issued by a court under Courts and Judicial Proceedings Article, Title 3, Subtitle 15, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Protective order” means either an interim protective order issued by a district court commissioner or a temporary or a final protective order issued by a court under Subtitle 5 of Title 4 of the Family Law Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Victim services provider” means an organization that has been authorized by the Office to have online access to records of otherwise shielded peace orders or protective orders.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility."> <paragraph num="A."> <text>Organizations eligible to be victim services providers include:</text> <paragraph num="(1)"> <text>State-designated domestic violence shelters;</text> </paragraph> <paragraph num="(2)"> <text>Full service rape crisis centers; and</text> </paragraph> <paragraph num="(3)"> <text>Maryland Legal Services Corporation grantees identified by the Maryland Network Against Domestic Violence or the Maryland Coalition Against Sexual Assault as entities that provide services to victims.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An organization not otherwise eligible to be a victim services provider under §A of this regulation may be deemed by the Office, in the exercise of its discretion, to be eligible.</text> </paragraph> <paragraph num="C."> <text>In determining eligibility under §B of this regulation, the Office shall consider any information it believes relevant, including the organization’s:</text> <paragraph num="(1)"> <text>History of providing assistance to victims of domestic violence or sexual assault;</text> </paragraph> <paragraph num="(2)"> <text>Experiences and current practices relating to the handling of confidential information;</text> </paragraph> <paragraph num="(3)"> <text>Proffered reasons for online access; and</text> </paragraph> <paragraph num="(4)"> <text>Recommendations for online access from victim services providers or State agencies.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Authorization."> <paragraph num="A."> <text>An eligible organization seeking initial or continued online access to Central Repository records of peace orders and protective orders shall submit an application to the Office. The Office shall develop a form appropriate for this purpose, which at a minimum shall require the applicant to:</text> <paragraph num="(1)"> <text>Disclose fully its internal policies, procedures, and training practices relating to its employees’ and representatives’ handling of confidential information;</text> </paragraph> <paragraph num="(2)"> <text>Agree to advise the Office immediately whenever it becomes aware of any facts evidencing a misuse of online access by its employees or representatives; and</text> </paragraph> <paragraph num="(3)"> <text>Agree to cooperate fully with the Office and the Administrative Office of the Courts whenever either agency seeks information relating to an alleged misuse of online access by the applicant’s employees or representatives.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Office shall review each application and determine whether it shall authorize the requested access. In making its authorization determination, the Office shall consider the materials submitted in support of the application, as well as any other relevant information, including that referenced in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="C."> <text>If the Office determines that an applicant-organization shall be authorized to have online access to Central Repository records of peace orders and protective orders, the Office shall certify that organization as a victim services provider. The Office shall promptly notify the applicant-organization and the Administrative Office of the Courts of the certification.</text> <paragraph num="(1)"> <text>Certification shall be effective upon the issuance of the notification to the applicant-organization and the Administrative Office of the Courts and, unless rescinded and revoked, shall remain in effect for 3 years from that date.</text> </paragraph> <paragraph num="(2)"> <text>A certification is non-transferable to any other organization.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the Office determines that an applicant-organization shall not be authorized to have online access to records of peace orders and protective orders, the Office shall not certify that organization as a victim services provider.</text> <paragraph num="(1)"> <text>The Office shall promptly notify such an applicant-organization and the Administrative Office of the Courts of its determination, and it shall include in its notification the basis for its decision.</text> </paragraph> <paragraph num="(2)"> <text>An organization may seek administrative review of the determination under Regulation .06B of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Online Access."> <paragraph num="A."> <text>Upon receipt of notification from the Office that an organization is a victim services provider, the Administrative Office of the Courts shall provide that organization with online access to otherwise shielded peace orders and protective orders.</text> </paragraph> <paragraph num="B."> <text>The Administrative Office of the Courts shall administer the access so conferred in whatever manner it deems reasonably necessary and appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Suspension or Revocation of Authorization."> <paragraph num="A."> <text>Should the Office become aware of any facts or circumstances evidencing either a victim services provider’s misuse of its online access or a victim services provider’s failure to cooperate with the Office or the Administrative Office of the Courts, the Office may take whatever action it deems necessary and appropriate, including suspending or revoking that organization’s authorization and certification. The Office shall immediately notify the Administrative Office of the Courts of any change to an organization’s status as a victim services provider.</text> </paragraph> <paragraph num="B."> <text>An organization that is denied authorization or whose authorization is suspended or revoked may seek reconsideration of that action by filing a request with the Office within 30 days of the Office’s action. No later than 45 days after its receipt of a request, the Office will advise the organization of its final determination.</text> </paragraph> <paragraph num="C."> <text>An organization whose authorization is revoked by the Office may reapply for authorization no earlier than 1 year from the date of revocation, unless the Office determines that a longer or shorter duration is appropriate, in which circumstance the different length of time set by the Office controls.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Courts and Judicial Proceedings Article, §3-1510; Family Law Article, §4-512; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 19, 2015 (42:1 Md. R. 17)</annotation> </annotations> </chapter> </subtitle> <subtitle num="05" heading="Governor'S Drug and Alcohol Abuse Commission"> <chapter num="01" heading="Maryland Drug and Alcohol Grants Program Fund"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Governor's Drug and Alcohol Abuse Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Fund” means the Maryland Drug and Alcohol Grants Program Fund.</text> </paragraph> <paragraph num="(3)"> <text>“Private sources” means:</text> <paragraph num="(a)"> <text>A charitable organization which provides funds to further the purposes of the Commission through the use of contributions solicited from the public;</text> </paragraph> <paragraph num="(b)"> <text>A foundation or association which provides funds to further the purposes of the Commission;</text> </paragraph> <paragraph num="(c)"> <text>A business organization which provides funds to further the purpose of the Commission; or</text> </paragraph> <paragraph num="(d)"> <text>An individual who provides funds to further the purposes of the Commission.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Public sources” means any administration, agency, association, authority, board, bureau, college, commission, committee, council, foundation, fund, department, institute, institution, public corporation, service, trust, university, or other unit of the Executive Branch of State government and includes any subunit within any of these units.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Purpose, Priority, and Source of the Fund."> <paragraph num="A."> <text>Purpose. These regulations establish procedures for awarding grants in the following areas:</text> <paragraph num="(1)"> <text>Community and neighborhood mobilization programs which assist citizens in preventing and controlling crime and violence in their communities;</text> </paragraph> <paragraph num="(2)"> <text>Community-based drug and alcohol abuse education programs or prevention programs, or both;</text> </paragraph> <paragraph num="(3)"> <text>Community-based drug and alcohol abuse treatment programs which identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders;</text> </paragraph> <paragraph num="(4)"> <text>Innovative programs that demonstrate new and different approaches to preventing and controlling crime and violence which are community-based and in partnership with law enforcement, prosecution, or the judiciary.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Priority. The Commission shall give priority to funding community-based crime prevention programs. There are no existing federal or State funding sources for community crime prevention activities while other community-based drug and alcohol abuse education, prevention, treatment, and enforcement activities are eligible for federal or State general fund assistance. The Commission shall review annually the need for this priority.</text> </paragraph> <paragraph num="C."> <text>Source of Fund. The Fund consists of money donated by public or private sources and as provided for in the State budget for the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Grant Application Procedures."> <paragraph num="A."> <text>Grant Eligibility. The following are eligible for grants from the Fund:</text> <paragraph num="(1)"> <text>State agencies;</text> </paragraph> <paragraph num="(2)"> <text>Counties;</text> </paragraph> <paragraph num="(3)"> <text>Municipalities; and</text> </paragraph> <paragraph num="(4)"> <text>Nonprofit or community-based nonprofit organizations providing:</text> <paragraph num="(a)"> <text>Drug and alcohol abuse education, prevention, or treatment programs, or</text> </paragraph> <paragraph num="(b)"> <text>Crime or violence prevention services such as a community patrol.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Consistent with COMAR 01.01.1988.05, Article IXB, the Commission may not award grants to any public or private organization engaged in discriminatory practices.</text> </paragraph> <paragraph num="C."> <text>Grant Applications. Grant applications are available upon request from the Governor's Drug and Alcohol Abuse Commission, 300 East Joppa Road, Suite 1105, Towson, Maryland 21286-3016, telephone (410) 321-3521.</text> </paragraph> <paragraph num="D."> <text>Completed grant applications submitted for funding consideration shall be signed by the chief administrative officer of the State agency, local jurisdiction, or nonprofit organization requesting funds. This means, for:</text> <paragraph num="(1)"> <text>State agencies, the agency head;</text> </paragraph> <paragraph num="(2)"> <text>Local jurisdictions, the chief executive officer of the county or municipality; and</text> </paragraph> <paragraph num="(3)"> <text>Nonprofit organizations, the president or managing official of the organization.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Use and Availability of Grant Funds.</text> <paragraph num="(1)"> <text>Grants awarded under this program shall be used to increase the amounts of those funds that would, in the absence of the Grant funds, be made available for neighborhood crime prevention programs and drug and alcohol abuse education, prevention, treatment, adjudication, and law enforcement.</text> </paragraph> <paragraph num="(2)"> <text>Grants can fund expenses for the benefit of the grant program. These expenses include all of the following:</text> <paragraph num="(a)"> <text>Salaries for positions, including fringe benefits;</text> </paragraph> <paragraph num="(b)"> <text>Overtime;</text> </paragraph> <paragraph num="(c)"> <text>Travel expenses;</text> </paragraph> <paragraph num="(d)"> <text>Equipment purchases;</text> </paragraph> <paragraph num="(e)"> <text>Supplies; and</text> </paragraph> <paragraph num="(f)"> <text>Contractual services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Grants may also provide the required matching funds in order to be awarded federal funds in support of a program which is consistent with the purpose areas under Regulation .02A of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>Grants may not:</text> <paragraph num="(a)"> <text>Fund indirect costs;</text> </paragraph> <paragraph num="(b)"> <text>Supplant State or local funds;</text> </paragraph> <paragraph num="(c)"> <text>Fund capital construction or capital purchases such as land.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Processing and Approval of Grant Applications."> <paragraph num="A."> <text>The Commission's Executive Director shall convene a Grant Review Committee composed of representatives from law enforcement, the judiciary, and treatment, prevention, and education communities, in order to make a recommendation for approval of grant applications.</text> </paragraph> <paragraph num="B."> <text>Commission staff shall review grant applications and provide recommendations on budgetary and programmatic sufficiency to the Executive Director and the Grant Review Committee.</text> </paragraph> <paragraph num="C."> <text>Grant Award.</text> <paragraph num="(1)"> <text>Notice of a grant award shall be forwarded to the responsible individual authorizing the grant application.</text> </paragraph> <paragraph num="(2)"> <text>Grants shall be awarded on a fiscal year basis with funding available July 1 of each fiscal year covering a 12-month period.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Grant Renewal. Grants shall be renewed upon approval of a grant application submitted to the Commission for renewal of funding, and shall be funded for a maximum of 3 years, including the initial year of funding.</text> </paragraph> <paragraph num="E."> <text>Upon implementation of the grant program, grantees shall be required to receive prior approval from the Commission for modifications of approved grant budgets or expenditures which exceed 10 percent of the originally approved budget, and to submit quarterly financial reports accompanied by a request for funds. The quarterly financial report is required for each active quarter on a calendar-quarter basis, and reflects financial data relating to grant obligations and outlays. The request for funds provides the means for the grantee to receive reimbursement of expenditures payment. These forms shall be provided by the Commission upon award of a grant.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Criminal Law Article, §5-1001(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 22, 1993 (20:23 Md. R. 1801)</annotation> </annotations> </chapter> </subtitle> <subtitle num="06" heading="Governor'S Office of Community Initiatives"> <chapter num="01" heading="Recognition of Maryland Indian Status"> <regulation prefix="Regulation" num=".01" heading="General."> <paragraph num="A."> <text>Scope. State Government Article, §9.5-309, Annotated Code of Maryland, permits the Commission on Indian Affairs to establish a process by which a Native American tribe, band, group, or clan indigenous to Maryland can apply to the Commission for formal recognition of Maryland Indian status. State Government Article, §9.5-311, Annotated Code of Maryland, requires the Commission to adopt regulations and procedures necessary to carry out the provisions of State Government Article, §9.5-309, Annotated Code of Maryland. These regulations set forth procedures to carry out those provisions.</text> </paragraph> <paragraph num="B."> <text>Objectives. For the benefit of Native American tribes, bands, groups, and clans indigenous to Maryland, the objectives of these regulations are to:</text> <paragraph num="(1)"> <text>Clarify their legal status;</text> </paragraph> <paragraph num="(2)"> <text>Acknowledge the contributions made by them to Maryland;</text> </paragraph> <paragraph num="(3)"> <text>Recognize and assist them in their efforts to maintain their cultural identity and traditions; and</text> </paragraph> <paragraph num="(4)"> <text>Provide access for them to federal and State programs available to State-recognized Indian tribes, bands, groups, and clans.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated:</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Access to Public Records Act” means State Government Article, §§10-611—10-630, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Ancestor” means an individual from whom a person is descended.</text> </paragraph> <paragraph num="(3)"> <text>“Ancestry” means having an ancestor.</text> </paragraph> <paragraph num="(4)"> <text>“Band” means a sociopolitical division of a tribe, separated from the tribe by historical events or geographical, political, or similar causes.</text> </paragraph> <paragraph num="(5)"> <text>“Clan” means a group of Native Americans related by blood line descent.</text> </paragraph> <paragraph num="(6)"> <text>“Commission” means the Commission on Indian Affairs in the Governor’s Office of Community Initiatives.</text> </paragraph> <paragraph num="(7)"> <text>“Community” means a group of persons with common cultural ties and interests which differentiate members from nonmembers.</text> </paragraph> <paragraph num="(8)"> <text>“County” means the City of Baltimore or any of the 23 counties in the State.</text> </paragraph> <paragraph num="(9)"> <text>“Derived from a tribe” means a group having members who are descended from a tribe, band, or clan.</text> </paragraph> <paragraph num="(10)"> <text>“Descendant from a tribe” or “descendants from a tribe” means descended by blood line from a member or members of a tribe, band, or clan who:</text> <paragraph num="(a)"> <text>Are identified as Native American in historical records;</text> </paragraph> <paragraph num="(b)"> <text>Have family names identified by anthropologists or ethnohistorians as Native American in historical records; or</text> </paragraph> <paragraph num="(c)"> <text>Are identified by anthropologists or ethnohistorians in historical records through one or more terms recognized as synonymous with “Indian”.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Historical” or “historically” means before 1790.</text> </paragraph> <paragraph num="(12)"> <text>“Indigenous to Maryland” means having inhabited one or more specific areas within the State before 1790.</text> </paragraph> <paragraph num="(13)"> <text>“Inhabit” means to dwell in a location.</text> </paragraph> <paragraph num="(14)"> <text>“Members” means those individuals who have been determined by a tribe, band, group, or clan to be its members, according to criteria established by the tribe, band, group, or clan.</text> </paragraph> <paragraph num="(15)"> <text>“Native American”, “North American Indian”, “American Indian”, “Indian”, or “aboriginal” means an individual or tribe, band, group, community, or clan that is, or whose members are, descended from a tribe that inhabited North America before European contact.</text> </paragraph> <paragraph num="(16)"> <text>“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.</text> </paragraph> <paragraph num="(17)"> <text>“Recognition” or “formal recognition” means the process by which the Maryland Indian status of a Native American tribe, band, group, or clan is acknowledged under the Act and these regulations.</text> </paragraph> <paragraph num="(18)"> <text>“Secretary of the Interior” means the United States Secretary of the Interior.</text> </paragraph> <paragraph num="(19)"> <text>“State” or “Maryland” means the State of Maryland as described by the present physical boundaries of the State.</text> </paragraph> <paragraph num="(20)"> <text>“Tribe” means a separate and distinct community of Native Americans generally related by blood, marriage, or adoption.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligible Petitioning Groups."> <text>A group may apply to the Commission for formal recognition of its Maryland Indian status if the group is:</text> <paragraph num="A."> <text>A Native American tribe, band, group, or clan; and</text> </paragraph> <paragraph num="B."> <text>Indigenous to Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Recognition Criteria."> <text>The Commission may recommend that an eligible petitioning group be formally recognized under Regulation .08 of this chapter as a Maryland Indian tribe, band, group, or clan if the petitioning group establishes, taking into account the special circumstances of Native Americans indigenous to Maryland, that:</text> <paragraph num="A."> <text>The group has been:</text> <paragraph num="(1)"> <text>Identified as Native American from before 1790 until the present, and</text> </paragraph> <paragraph num="(2)"> <text>Part of a continuous Native American community from before 1790 until the present;</text> </paragraph> </paragraph> <paragraph num="B."> <text>The members of the group are descendants from a tribe that:</text> <paragraph num="(1)"> <text>Existed before 1790,</text> </paragraph> <paragraph num="(2)"> <text>Is indigenous to Maryland, and</text> </paragraph> <paragraph num="(3)"> <text>Inhabited a specific area in Maryland before 1790; and</text> </paragraph> </paragraph> <paragraph num="C."> <text>The membership of the group is composed principally of persons who are not members of any other acknowledged or recognized Native American tribe, band, group, or clan.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Petition Requirements."> <paragraph num="A."> <text>A petition for formal recognition shall include:</text> <paragraph num="(1)"> <text>The name and mailing address of the petitioning group and of the individual authorized to act as the petitioning group's agent for petition purposes;</text> </paragraph> <paragraph num="(2)"> <text>A statement that the petitioning group is a Native American tribe, band, group, or clan indigenous to Maryland;</text> </paragraph> <paragraph num="(3)"> <text>A statement that the petitioning group has verified with its members that the majority of them are not members of any other tribe, band, group, or clan acknowledged or recognized as American Indian by the Secretary of the Interior or any state;</text> </paragraph> <paragraph num="(4)"> <text>A copy of the petitioning group's rules governing the conduct of the petitioning group's affairs; and</text> </paragraph> <paragraph num="(5)"> <text>All documentation required under §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>To document that the petitioning group meets the criteria set forth in Regulation .04 of this chapter, the petitioning group:</text> <paragraph num="(1)"> <text>Shall submit:</text> <paragraph num="(a)"> <text>Documents showing, from before 1790 until the present:</text> <paragraph num="(i)"> <text>Longstanding relationships of the group with the government of Maryland or the United States, based on identification of the group or the group's members as Native American indigenous to Maryland;</text> </paragraph> <paragraph num="(ii)"> <text>Repeated dealings of the group with a county or other local government in a relationship, based on identification of the group or the group's members as Native American indigenous to Maryland;</text> </paragraph> <paragraph num="(iii)"> <text>Repeated dealings of the group with other tribes, bands, groups, or clans, or national Native American organizations, based on identification of the group as Native American indigenous to Maryland;</text> </paragraph> <paragraph num="(iv)"> <text>Identification of the group as Native American indigenous to Maryland by anthropologists, historians, genealogists, or other scholars; or</text> </paragraph> <paragraph num="(v)"> <text>Repeated identification of the group or the group's members as Native American indigenous to Maryland in official government records, church or school records, medical records, bibles and other family records, newspapers, books, photographs, or oral histories;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Documents identifying the name of the group, or other term recognizing the group as Native American indigenous to Maryland, with an approximate location in Maryland from before 1790 until the present;</text> </paragraph> <paragraph num="(c)"> <text>A list of membership criteria established by the group;</text> </paragraph> <paragraph num="(d)"> <text>A statement of the procedures adopted by the group for applying the group's membership criteria; and</text> </paragraph> <paragraph num="(e)"> <text>A list of all individuals included on the group's current and previous membership rolls or known by the group to be eligible for membership, and the county in which each resides; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>May submit any other evidence, which may include affidavits from tribal elders, tribal leaders, or tribal officials recognizing individuals as members of the group.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Inspection of Documentation."> <paragraph num="A."> <text>Documentation submitted in support of or in opposition to a petition may be inspected or copied by a person as provided by the Access to Public Records Act.</text> </paragraph> <paragraph num="B."> <text>The Commission shall deny inspection or copying of any part of the documentation that contains sociological information relating to an individual, as provided in the Access to Public Records Act. For purposes of these regulations, sociological information includes:</text> <paragraph num="(1)"> <text>Social security number;</text> </paragraph> <paragraph num="(2)"> <text>Personal address;</text> </paragraph> <paragraph num="(3)"> <text>Personal telephone number;</text> </paragraph> <paragraph num="(4)"> <text>Medical or psychiatric history;</text> </paragraph> <paragraph num="(5)"> <text>Educational history;</text> </paragraph> <paragraph num="(6)"> <text>Work history;</text> </paragraph> <paragraph num="(7)"> <text>Military service;</text> </paragraph> <paragraph num="(8)"> <text>Financial information;</text> </paragraph> <paragraph num="(9)"> <text>Religious preference, membership, and attendance;</text> </paragraph> <paragraph num="(10)"> <text>Personal relationships, beliefs, and values;</text> </paragraph> <paragraph num="(11)"> <text>Genealogical charts; and</text> </paragraph> <paragraph num="(12)"> <text>Family history other than evidence necessary to determine descendancy from a Native American tribe, band, group, or clan indigenous to Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>During review of a petition, the Commission shall retain the documentation at the Maryland State Archives or similar secure facility.</text> </paragraph> <paragraph num="D."> <text>After final action on a petition, the Commission shall promptly return any original documents and personal memorabilia to the person who submitted the original documents and personal memorabilia. Copies of all documents and an inventory of all personal memorabilia submitted shall be retained by the Commission, except that:</text> <paragraph num="(1)"> <text>Copies may not be retained of those portions of the documents containing the information listed under §B of this regulation, and shall be returned to the person who submitted them; and</text> </paragraph> <paragraph num="(2)"> <text>Documents not subject to disclosure under the Access to Public Records Act shall be retained at the Maryland State Archives until disposition under State Government Article, §§10-637—10-642, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Petition Filing; Notices of Receipt; Final Submissions."> <paragraph num="A."> <text>Petitions shall be made on standard forms required by the Commission, verified as accurate by the petitioning group's agent, and accompanied by any required petition fee.</text> </paragraph> <paragraph num="B."> <text>Within 10 days after receiving a petition, the Commission shall send written acknowledgement of receipt to the petitioning group.</text> </paragraph> <paragraph num="C."> <text>Within 45 days after receiving a petition determined to be complete under Regulation .08 of this chapter, the Commission shall publish a notice of receipt in the Maryland Register and in a newspaper of general circulation in each Maryland county in which the petitioning group states in the petitioning group's petition that the petitioning group's members reside, including:</text> <paragraph num="(1)"> <text>The name and address of the petitioning group;</text> </paragraph> <paragraph num="(2)"> <text>The date of receipt of the petition;</text> </paragraph> <paragraph num="(3)"> <text>The time and place that a copy of the petition, and any supporting documentation not prohibited from disclosure under Regulation .06 of this chapter, may be inspected; and</text> </paragraph> <paragraph num="(4)"> <text>The mailing address and deadline 60 days or more in the future for submitting factual or legal arguments in support of or in opposition to the petition.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Commission shall mail a copy of the notice of receipt required under §C of this regulation to a person requesting a copy in writing.</text> </paragraph> <paragraph num="E."> <text>After the deadline for receipt of submissions in support of or in opposition to a petition, the Commission shall provide a copy of all submissions to the petitioning group. The petitioning group shall submit any response within the following 30 days.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Processing Petitions."> <paragraph num="A."> <text>The Commission shall accept for review all complete petitions. A petition may not be considered complete until the Commission has received all information requested in the petition form or required by these regulations.</text> </paragraph> <paragraph num="B."> <text>Within 30 days after a petition is received, the Commission shall notify the petitioning group in writing that the petition is:</text> <paragraph num="(1)"> <text>Complete; or</text> </paragraph> <paragraph num="(2)"> <text>Incomplete and specific additional information is required to complete the petition.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If the petitioning group fails to complete the petition within 1 year after notice is mailed to the petitioning group that the petition is not complete, the petition shall be deemed withdrawn, and the Commission shall notify the petitioning group. If the petitioning group during the 1-year period requests additional time to complete the petition and provides reasonable justification, the Commission may grant one additional period of up to 1 year for the petitioning group to complete the petition.</text> </paragraph> <paragraph num="D."> <text>Within 15 days after the Commission determines the petition is complete under §B of this regulation, the Commission shall refer the petition to the Recognition Advisory Committee established under Regulation .11 of this chapter.</text> </paragraph> <paragraph num="E."> <text>Subject to availability of funds necessary to compensate Recognition Advisory Committee members, within 25 days after referral under §D of this regulation, the Recognition Advisory Committee shall review the documentation submitted for the petition and may, through the Commission, request the petitioning group to submit any specific additional documentation necessary to determine whether a petitioning group meets the criteria set forth in Regulation .04 of this chapter.</text> </paragraph> <paragraph num="F."> <text>Within 30 days after a request for additional documentation under §E of this regulation is mailed or delivered to the petitioning group, the petitioning group shall submit to the Commission all additional documentation requested.</text> </paragraph> <paragraph num="G."> <text>If the documentation requested under §F of this regulation is not submitted, the Commission shall promptly return the petition to the petitioning group with notice that the petition has been considered withdrawn. If the Commission determines that all documentation requested has been submitted, the Commission staff shall promptly notify the petitioning group.</text> </paragraph> <paragraph num="H."> <text>Within 180 days after the Commission notifies the petitioning group that all documentation requested has been received, the Recognition Advisory Committee shall complete review of the petition and advise the Commission whether the petitioning group meets the recognition criteria set forth in Regulation .04 of this chapter.</text> </paragraph> <paragraph num="I."> <text>In advising the Commission whether a petition meets the recognition criteria set forth in Regulation .04 of this chapter, the Recognition Advisory Committee shall:</text> <paragraph num="(1)"> <text>Consider the petition, all submissions in support of or in opposition to the petition, and the petitioning group's written response, if any; and</text> </paragraph> <paragraph num="(2)"> <text>Use to the maximum extent practicable the information and sources available to it, including individuals not on the Recognition Advisory Committee who have knowledge or experience with federal or other State Indian tribe recognition procedures or an understanding of the history of Native Americans indigenous to Maryland.</text> </paragraph> </paragraph> <paragraph num="J."> <text>A Recognition Advisory Committee member or a Commissioner may not participate in any way in deliberations with respect to a petition made by a petitioning group of which a Recognition Advisory Committee member or Commissioner is a member.</text> </paragraph> <paragraph num="K."> <text>Within 30 days after receiving the Recognition Advisory Committee's advice, the Commission shall:</text> <paragraph num="(1)"> <text>Review the Recognition Advisory Committee's advice and, subject to Sec. L of this regulation, determine whether the petition meets the criteria set forth in Regulation .04 of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Notify the petitioning group and all other persons requesting notice of the Commission's determination by first class mail.</text> </paragraph> </paragraph> <paragraph num="L."> <text>If the Commission determines that the information or documentation submitted in support of the petition is not adequate to establish that the petitioning group meets the criteria set forth in Regulation .04 of this chapter, then:</text> <paragraph num="(1)"> <text>Within 30 days of the determination, the Commission may request the petitioning group to submit specific additional information or documentation within 60 days;</text> </paragraph> <paragraph num="(2)"> <text>Within 30 days after receipt of the additional information or documentation, the Commission shall follow the procedures under Sec. K of this regulation.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Subject to Regulation .09 of this chapter, if the Commission determines that the petitioning group meets the criteria set forth in Regulation .04 of this chapter, the Commission shall submit to the Governor a recommendation, together with its determinations, that the petitioning group be formally recognized as a Maryland Indian tribe, band, group, or clan.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Reconsideration of Recognition Recommendations."> <paragraph num="A."> <text>Within 30 days after the notice of Commission determinations is mailed under Regulation .08K(2) of this chapter, the petitioning group or any person or group that previously submitted arguments in support of or in opposition to the petition may, in writing, request that the Commission review the determinations.</text> </paragraph> <paragraph num="B."> <text>Within 30 days after receiving a request for review, the Commission shall appoint a three-member panel to review the Commission's determinations and all evidence submitted in support of or in opposition to the petition. The panel shall include at least one member of the Commission and one member of the Recognition Advisory Committee, who together shall nominate the third member for the Commission’s appointment.</text> </paragraph> <paragraph num="C."> <text>The panel shall report its findings and recommendations to the Commission within 60 days after appointment. If the Commission concludes that the Commission adequately considered the evidence submitted, the Commission shall transmit any panel findings and recommendations and any Commission recommendation for formal recognition to the Governor together with the Commission's determinations, and the Commission promptly shall notify the petitioning group and all persons requesting notice.</text> </paragraph> <paragraph num="D."> <text>If the panel concludes that the Commission failed to adequately consider any evidence submitted and that the evidence if adequately considered is likely to reverse the Commission's determinations, the Commission shall adequately consider the evidence and reconsider the Commission's determinations.</text> </paragraph> <paragraph num="E."> <text>After Commission reconsideration, the Commission shall transmit any Commission recommendation for formal recognition to the Governor. The transmittal shall include the Commission's final determinations. The Commission shall promptly notify the petitioning group, and all persons requesting notice, of the Commission's recommendation and final determinations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Governor's Action on Recognition Recommendations."> <paragraph num="A."> <text>If the Governor concurs with a recommendation for formal recognition by the Commission, the Governor shall propose an executive order to recognize formally the Maryland Indian status of the petitioning group.</text> </paragraph> <paragraph num="B."> <text>If the Governor does not concur with a recommendation of the Commission, the Governor shall notify the Commission of the reasons and the Commission shall promptly notify the petitioning group and all persons requesting notice.</text> </paragraph> <paragraph num="C."> <text>The Governor shall present the proposed executive order to the Joint Committee on Administrative, Executive, and Legislative Review for the proposed executive order's review. The proposed executive order shall take effect 30 days after submission to the Committee, unless the Governor earlier withdraws the proposed order.</text> </paragraph> <paragraph num="D."> <text>The Commission shall promptly notify appropriate governmental agencies and national and state Native American organizations of the executive order.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Recognition Advisory Committees."> <paragraph num="A."> <text>A Recognition Advisory Committee shall be appointed by the Commission to review each petition for formal recognition of Maryland Indian status under these regulations.</text> </paragraph> <paragraph num="B."> <text>Each Recognition Advisory Committee shall consist of five members who shall:</text> <paragraph num="(1)"> <text>To the maximum extent possible, be Native Americans; and</text> </paragraph> <paragraph num="(2)"> <text>Include:</text> <paragraph num="(a)"> <text>Two Native Americans nominated by the Commission from different tribes, bands, groups, or clans, other than the petitioning group, at least one of whom shall be descended from a tribe, band, group, or clan indigenous to Maryland, if available;</text> </paragraph> <paragraph num="(b)"> <text>One person with demonstrated expertise in genealogy, and in American Indian genealogy if available; and</text> </paragraph> <paragraph num="(c)"> <text>Two persons qualified in anthropology, ethnohistory, or related fields.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Each Recognition Advisory Committee shall review the petition for recognition and make recommendations to the Commission as required under Regulation .08 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Effect of Recognition."> <text>An executive order issued under these regulations may not:</text> <paragraph num="A."> <text>Create any rights of ownership or other rights to land;</text> </paragraph> <paragraph num="B."> <text>Create any benefits or entitlements of any kind;</text> </paragraph> <paragraph num="C."> <text>Impair valid existing rights, benefits, or entitlements of Native Americans residing in the State; or</text> </paragraph> <paragraph num="D."> <text>Impair existing judicial rulings of the State regarding Native Americans indigenous to the State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="General Provisions."> <paragraph num="A."> <text>Administration.</text> <paragraph num="(1)"> <text>Upon request of the petitioning group, the Commission may extend any time period established by these regulations for processing of the petitioning group's petition.</text> </paragraph> <paragraph num="(2)"> <text>The Commission from time to time may establish operational handbooks or manuals governing matters relating to the administration of these regulations, including descriptive statements of procedures which do not directly affect the rights of the public or procedures available to the public.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Written Requirements. All requests, notices, notifications, consents, and approvals required under these regulations shall be made in writing.</text> </paragraph> <paragraph num="C."> <text>Waiver. The Commission may waive or vary any provisions of these regulations if:</text> <paragraph num="(1)"> <text>The waiver or variance is not inconsistent with the authorizing provisions of State Government Article, Title 9.5, Subtitle 3, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>In the written determination of the Commission, the application of the regulations in a specific case or in an emergency situation is inequitable or contrary to the purposes of State Government Article, Title 9.5, Subtitle 3, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(3)"> <text>The Office of the Attorney General approves any waiver or variance for form and legal sufficiency.</text> </paragraph> </paragraph> <paragraph num="D."> <text>No Private Cause of Action. Action or failure to take action by the Commission or the Governor under State Government Article, Title 9.5, Subtitle 3, Annotated Code of Maryland, or these regulations may not create a private cause of action under the laws of the State.</text> </paragraph> <paragraph num="E."> <text>False Statements.</text> <paragraph num="(1)"> <text>In any matter relating to a petition under State Government Article, Title 9.5, Subtitle 3, Annotated Code of Maryland, or these regulations, a person is guilty of a misdemeanor if that person:</text> <paragraph num="(a)"> <text>Knowingly and willfully falsifies or conceals a material fact, by any trick, scheme, or device;</text> </paragraph> <paragraph num="(b)"> <text>Makes any false, fictitious, or fraudulent statement or representation; or</text> </paragraph> <paragraph num="(c)"> <text>Makes or uses any false writing or document knowing the writing or document contains a false, fictitious, or fraudulent statement or entry.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Except as otherwise provided by law, a person who violates §E(1) of this regulation is subject to a fine of not more than $1,000 or imprisonment for not more than 6 months, or both.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 11, 1992 (19:9 Md. R. 878)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)</annotation> <annotation type="History" subtype="Administrative History">Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007</annotation> <annotation type="History" subtype="Administrative History">Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)</annotation> </annotations> </chapter> </subtitle>