# COMAR Title 04 — Department of General Services ## Subtitle 01 — Office of the Secretary ### Chapter 06 — Assistive Listening Device in Assembly Areas **Authority:** State Finance and Procurement Article, §4-410; State Government Article, §§10-611—10-630; Annotated Code of Maryland **Administrative History:** Effective date: January 24, 2022 (49:2 Md. R. 77) #### Regulation .01 Purpose. *COMAR 04.01.06.01* These regulations describe and provide a process for recipients of State funds to install an assistive listening system in an assembly area during construction or renovation of the assembly area. #### Regulation .02 Definitions. *COMAR 04.01.06.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Advisory Board” means the Hearing Accessibility Advisory Board. (2) “Assembly area” has the meaning stated in State Finance and Procurement Article, §4-410(a)(2), Annotated Code of Maryland. (3) “Assistive listening system” has the meaning stated in State Finance and Procurement Article, §4-410(a)(3), Annotated Code of Maryland. (4) “Construction or renovation” has the meaning stated in State Finance and Procurement Article, §4-410(a)(4), Annotated Code of Maryland. (5) “Department” means the Department of General Services. (6) “Hearing induction loop” has the meaning stated in State Finance and Procurement Article, §4-410(a)(5), Annotated Code of Maryland. (7) “Recipient of State funds” has the meaning stated in State Finance and Procurement Article, §4-410(a)(6), Annotated Code of Maryland. #### Regulation .03 Hearing Accessibility Advisory Board. *COMAR 04.01.06.03* The Advisory Board shall be appointed by the Secretary of the Department and consist of individuals who have expertise in assistive listening systems and consumers who use assistive listening systems. #### Regulation .04 Installation and Waiver Requests. *COMAR 04.01.06.04* A. A recipient of State funds shall install an assistive listening system in an assembly area during the construction or renovation of the assembly area if: (1) The assembly area uses or requires the use of a public address system; and (2) A State contract has been executed to enable the construction or renovation of the assembly area, in which funding received from the State will finance such construction or renovation, in part or in whole. B. A recipient of State funds may request a waiver from the requirements of §A of this regulation if: (1) The installation of an assistive listening system is deemed not technologically feasible; or (2) There is a dispute regarding whether the requirements of §A of this regulation apply to a construction or renovation project. C. The waiver request shall be in writing and include, at a minimum: (1) The name, address, and contact information of the requestor; (2) A description of the construction or renovation project; (3) A detailed explanation as to why an assistive listening system is not technologically feasible, including an affirmation from the requestor that there is no reasonable substitute technology readily available that would serve a similar purpose; and (4) In the event there is a dispute regarding whether §A of this regulation applies to the construction or renovation project, a detailed description as to why the assistive listening device requirement is not applicable to the project. D. Requests for waivers shall be submitted to the Advisory Board by the contractor prior to, or during the design phase of the project. #### Regulation .05 Monitoring and Compliance. *COMAR 04.01.06.05* A. The Advisory Board shall periodically monitor activities of the recipients of State funds to ensure compliance with the requirements for installing an Assistive listening system. B. If the Advisory Board makes a preliminary determination of noncompliance or receives a complaint that a recipient of State funds is not in compliance with the requirements as outlined in this chapter, the Advisory Board shall perform an investigation by: (1) Authorizing the procurement agency and/or any appointee directed by the Advisory Board to: (a) Inspect the records of the recipient of State funds related to the installation of the Assistive listening system; (b) Inspect the jobsite; (c) Collect and review the project records; and (d) Interview any employees, contractors, subcontractors, and workers related to the installation; and (2) Determining whether the recipient of State funds is in compliance with the requirements to install an assistive listening system and notifying them in writing of its findings. C. If found to not be compliant, a notice shall be provided to the recipient of State funds that includes what corrective actions are required to come into compliance and a date certain for when the recipients of State funds should present the Advisory Board with their plan for achieving compliance. D. If a procurement agency or Advisory Board determines that noncompliance with the contract provisions exists and that the recipient of State funds refuses or fails to take the corrective action as outlined in §C of this regulation and required by the procurement agency or the Advisory Board, then the following actions may occur: (1) Termination of the contract; or (2) Referral to the Office of the Attorney General for appropriate action. #### Regulation .06 Signage. *COMAR 04.01.06.06* A. Each covered assembly area must provide signs at each entry to the assembly area to inform patrons that assistive listening systems are available. Assembly areas that have ticket offices or ticket windows shall also display the required signs at the ticket window. B. Assistive listening systems signs shall comply with applicable federal regulations and shall include the International Symbol of Access for Hearing Loss. #### Regulation .07 Maintenance and Training. *COMAR 04.01.06.07* Training on the operation and maintenance of an assistive listening system shall be provided by the recipient of State funds as part of the project. A. The training may be provided as a part of the services of the company contracted to install the assistive listening system or as a separate service contract. B. Companies contracted to install the assistive listening system, train users, or both, shall do so in a manner consistent with applicable federal laws and regulations. #### Regulation .08 Facility Requirements. *COMAR 04.01.06.08* Any facility that provides an assistive listening system must make receivers available to those individuals that can use the technology but do not have a personal hearing device or do not have a hearing device with a telecoil or built-in receiver. The number of receivers required in each assembly area is determined by the facility’s size and shall be consistent with applicable federal laws and regulations.