Plain Text Law

Title 09 — Subtitle 37. Workforce Development and Adult Learning

Chapter 01. Alternate Ways to Earn a High School Diploma

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Applicant” means the individual who is seeking to earn a high school diploma by examination.
(2)
“Candidate” means an individual who is deemed eligible to take, scheduled to sit for, or has taken the high school equivalency test.
(3)
“Department” means the Maryland Department of Labor.
(4)
“GED Option Program” means a program administered by the State Department of Education that creates a pathway to a high school diploma by examination for currently enrolled high school English language learner students under the age of 21 years who have experienced interrupted education and have a lower level of English proficiency than their peers.
(5)
“High school equivalency test” means an examination program authorized by the Department and the Maryland State Board of Education as a method for earning a high school diploma.
(6)
“Module” means a single subject area being measured by the Test.
(7)
“Online Proctored” means the administration format for the Test whereby candidates can access and complete the Test from a virtual location that meets the criteria and is delivered online and is continually monitored by a trained staff member of the Testing Service.
(8)
“Secretary” means the Secretary of Labor.
(9)
“State Board” means the Maryland State Board of Education.
(10)
“Test” means the instrument given by a high school equivalency test program for the purpose of earning a Maryland High School Diploma.
(11)
“Testing Service” means a contractor awarded to provide a high school equivalency test.

Regulation .02 High School by Examination Program Description.Copy Citation

A.
The High School by Examination program offers an alternate and acceptable way for an individual who has not received a high school diploma is eligible pursuant to Regulation .04 of this chapter to earn a Maryland High School Diploma.
B.
Candidates who successfully complete a Test are awarded a Maryland High School Diploma by the State Board and the Department.
C.
A successful candidate may not be awarded any other Maryland High School Diploma either by the State Board, the Department, or by a local school system.

Regulation .03 The High School by Examination Tests — Scope and Content.Copy Citation

A.
The Test will measure the major subject area skills required of a high school education as determined by a testing service.
B.
The Test will be offered in modules of each of the major subject areas and each module may be scheduled separately.
C.
The Test is given:
(1)
On a computer at an approved test center; or
(2)
Online as permitted by the Department.
D.
The State Board shall review and approve the State agreement with the Department and a testing service issuing the Test.

Regulation .04 Applicant Eligibility.Copy Citation

An applicant is eligible to take the Test if the applicant:
A.
Resides in the State of Maryland at the time of testing;
B.
Is not subject to compulsory school attendance set by Education Article, §7-301, Annotated Code of Maryland; and
C.
Either:
(1)
Meets both of the following requirements:
(a)
Has not obtained a Maryland High School Diploma, or a high school certificate or, diploma or equivalency issued by another state or non-U.S. or correspondence school; and
(b)
Has been officially withdrawn from a regular full-time public or private school; or
(2)
Has obtained a Maryland High School Certificate of Program Completion in accordance with COMAR 13A.03.02.09E; or
(3)
Is enrolled in a GED Option Program.

Regulation .05 Scheduling of Testing.Copy Citation

A.
Various test centers shall be operated throughout Maryland and online.
B.
Scheduling of the Test shall be done by the applicant via the internet. A link to the Test application, schedule, and other pertinent information shall be posted on the Department's website.

Regulation .06 Requirements for Applying to Take the Test.Copy Citation

A.
An applicant shall be required to demonstrate identity, age, and residency by providing one of the following at the time of testing:
(1)
A current official Maryland driver's license or current official Maryland learner's permit;
(2)
A current official Maryland identification (ID) card issued by the Motor Vehicle Administration;
(3)
A current official photo ID issued to an incarcerated individual, with name, current address, date of birth, and signature, by the Department of Juvenile Services, the Department of Public Safety and Correctional Services, or other residential facility accepted by the Adult Education Director or the Director’s designee;
(4)
A current official photo ID issued to an individual under supervision by the Department of Juvenile Services, with name, current address, date of birth, signature, and current residential address issued by the Department of Juvenile Services accepted by the Adult Education Director or the Director’s designee;
(5)
A current active duty military ID card for in person testing;
(6)
A valid passport and additional documentation that demonstrates residency in Maryland; or
(7)
GED Option candidates may use a current school photo ID issued to an individual, with name, current address, date of birth, and signature approved by the Adult Education Director or the Director’s designee.
B.
If none of the forms of identification and residency identified in §A of this regulation are attainable, prior to scheduling a Test, the applicant may apply to the Secretary for a waiver in accordance with the procedures set out in Regulation .18 of this chapter. The applicant shall provide to the Department one or more forms of identification which collectively show name, address, date of birth, signature, and photograph. If the Secretary or the Secretary’s designee is satisfied that the documentation of identification is authentic and valid, and the individual meets age and residency requirements, the Secretary may issue a waiver. The applicant shall present the documentation submitted to the Secretary in support of the waiver to the test center.
C.
In addition to the documentation required in §A or B of this regulation, the applicant shall:
(1)
Provide the applicant's signature verifying his or her identity and residency in Maryland at the time of testing;
(2)
Remit the appropriate fee along with the completed application at the time of registration; and
(3)
For an applicant younger than 18 years of age, present to the Department prior to the scheduling of a Test:
(a)
Written verification of school withdrawal from an official of the last regular full-time public or private school attended;
(b)
Verification of home schooling pursuant to COMAR 13A.10.01 from an official of the:
(i)
Supervising public or private school system; or
(ii)
School or institution offering an educational program operated by a bona fide church organization; or
(c)
A Maryland High School Certificate of Program Completion.

Regulation .07 Fee Schedule.Copy Citation

A.
The Department shall establish a reasonable fee schedule for the scheduling of tests, issuance of diplomas and transcripts, and related costs associated with the administration of the Test Program.
B.
Only duplicate copies of official transcripts and diplomas may be issued with remittance of fee.

Regulation .08 Admission to the Test Center.Copy Citation

A.
Confirmation of test date and location shall be transmitted electronically to candidates before the assigned test date.
B.
To be admitted to the test center, each candidate shall present documentation verifying identity, age, and Maryland residency as described in Regulation .06A of this chapter.

Regulation .09 Minimum Score Requirements for Award of Maryland High School Diploma.Copy Citation

A.
To qualify for a Maryland High School Diploma by examination, a candidate shall earn the minimum passing score for each test module and the overall passing score for the entire battery of the Test established by the testing service.
B.
Once a candidate receives a passing score on an individual module, that score remains valid towards the achievement of a Maryland High School Diploma until a new series of tests has been issued by the testing service.
C.
In the event that a new series of tests has been issued, the Secretary may determine how and for how long passing scores on the previous series can be applied to the achievement of a Maryland High School Diploma.

Regulation .10 Requirements for Retesting.Copy Citation

A.
Candidates who have failed one or more modules of the Test and candidates who fail to report to the Test on the assigned date may register for a retest/reschedule and may be charged the applicable testing fee.
B.
Candidates who are retested shall be administered a different form of the Test from that previously administered.
C.
A candidate seeking to retest shall register as proscribed in Regulation .05 of this chapter.

Regulation .11 Permanent Record Changes.Copy Citation

A.
Changes may not be made to a candidate’s record after the diploma has been awarded unless the changes are a result of an error on behalf of the testing service or the Department or a legally verifiable name change.
B.
The Adult Education Director or the Director’s designee shall make changes when the Department is known to be in error.

Regulation .12 Retention of Scores.Copy Citation

All scores shall be retained in perpetuity by the Department

Regulation .13 Language Options for Test.Copy Citation

A.
Each module of the Test, may be taken in a selected language as available from the Testing Service.
B.
If a candidate chooses to take a module in a selected language, the entire module must be taken in the same language.
C.
Separate modules may be taken in different languages if available from the Testing Service.
D.
A candidate who obtains passing scores on the selected language tests and who obtains the required overall passing score, shall be awarded a Maryland High School Diploma.

Regulation .14 Accommodations for Individuals with Disabilities.Copy Citation

A.
Accommodations for candidates with disabilities shall be made available. Individuals who request testing accommodations shall provide appropriate documentation of their disability and the need for the requested testing accommodations, prior to scheduling.
B.
An individualized assessment of each request for testing accommodations shall be made based on the documentation provided and in accordance with the documentation policies of the Testing Service.

Regulation .15 Tests Taken Out of State.Copy Citation

Candidates who have passed a Test module outside of Maryland may transfer those results for credit towards a Maryland High School Diploma if that Test module is a current, valid, approved exam within Maryland, and the Applicant has not previously been issued a high school diploma or credential.

Regulation .16 Testing for Individuals Whose High School Records Are Unobtainable.Copy Citation

A.
An applicant, high school graduate, or nongraduate whose records are unobtainable may take the Test and be awarded a diploma without verification of school withdrawal required in Regulation .06C(3) of this chapter by:
(1)
Making a written request to the Adult Education Director; and
(2)
Providing evidence that shows attempts made to obtain official verification.
B.
Based on the facts and extenuating circumstances of each case, the Adult Education Director or the Director’s designee has discretion to grant or deny requests to take the Test without official verification of school withdrawal.

Regulation .17 Test Security.Copy Citation

A.
To protect the security of the tests, the integrity of the testing procedure, and the validity of test scores, the Adult Education Director or the Director’s designee has authority to request from the Testing Service the invalidation and revocation of test scores and to require the candidate to retest.
B.
Misrepresentation of information on the Test application form may result in the revocation of the diploma.
C.
Any violation of testing and test center policy may result in ejection from the test and test center and may result in a revocation of test scores and the Maryland High School Diploma.

Regulation .18 Waivers.Copy Citation

A.
Waivers to the requirements of Regulations .06(A) and .07 of this chapter are granted only by the Secretary or the Secretary’s designee in exceptional circumstances if it is in the candidate's best interest and in accordance with testing standards.
B.
If the candidate is a student with a disability who receives special education and related services from a public or nonpublic program, the candidate must request a waiver of withdrawal from the Secretary prior to registration which requires that:
(1)
The waiver application to the Secretary or the Secretary’s designee shall include a copy of the student's current individualized education program indicating:
(a)
That preparation for and taking of the Test is part of the student's transition plan pursuant to COMAR 13A.05.01.09A(3); and
(b)
Any accommodations that the student may need for the Test;
(2)
If it is necessary for the student to continue to attend school after the date of the filing of the waiver request in order to receive a free appropriate public education, the request shall indicate:
(a)
That the student will withdraw from school before the testing date; and
(b)
The date upon which the student will withdraw from school;
(3)
The request shall be appended with a release that:
(a)
States that the parent has approved the waiver request and understands that receipt of a Maryland High School Diploma will conclude the student's eligibility for special education and related services;
(b)
Is signed by the student's parent; and
(c)
Is on a form approved by the Department; and
(4)
Upon receipt of notice from the Department that the candidate has failed to pass the Test, the local school system shall convene an individualized education program team meeting pursuant to COMAR 13A.05.01.07—.08 to plan for:
(a)
The student's resumption of special education and related services within 90 days of the Test date; and
(b)
Compensatory services for the period in which the student was withdrawn from school, as appropriate.
C.
The decision of the Secretary or the Secretary’s designee on a waiver request is final.

Regulation .19 Diplomas.Copy Citation

A.
A Maryland High School Diploma shall be awarded to all candidates who successfully complete the Test. Diplomas shall be awarded within a reasonable time period by the Department or its designee.
B.
The diplomas shall be awarded by the State Board and the Department and shall bear the signatures of the Board President and the Secretary.

Regulation .20 Maryland Adult External High School Program.Copy Citation

A.
Program Description.
(1)
The Maryland Adult External High School Program is designed to recognize demonstrated competence in adults, regardless of whether the skill was acquired in a formal school setting.
(2)
Competencies areas addressed by the assessment are established by the National External Diploma Program.
B.
Procedures for Administering the Maryland Adult External High School Program and the Issuance of a Diploma.
(1)
The Maryland Adult External High School Program is administered under a license agreement with the National External Diploma Program (NEDP) by the Maryland Department of Labor in consultation with the State Board.
(2)
Local grantees receiving Department funding to implement the Maryland Adult External High School Program shall operate the program according to NEDP standards and requirements in addition to provisions identified in annual requests for proposals and requirements determined by the Department.
(3)
Requirements for the program are described in manuals available at the Maryland Department of Labor, 1100 North Eutaw Street, Baltimore, Maryland 21201. These manuals describe all diagnostic and assessment instruments, administrative procedures, evaluation criteria, eligibility of applicants, and requirements for a diploma.
(4)
Residents of Maryland 18 years old or older who are not currently enrolled in a high school, who are not high school graduates, and who pass a screening test are eligible to register for the program.
(5)
A registration fee shall be charged of each individual at the time of entering the program. If a student leaves the program before completion and subsequently elects to register at a later time, a new registration fee may be charged.
(6)
The required assessment instruments shall comply with the most current standards and materials of the NEDP program to assure that they are valid.
(7)
A Maryland high school diploma shall be awarded to each graduate upon certification by the External Diploma Regional Center Director that the program requirements have been satisfactorily met. Diplomas shall be awarded monthly. The diplomas shall be awarded by the State Board and the Department and shall bear the signatures of the Board President and the Secretary.

Chapter 02. Correctional Institutions Mandatory Educational and Workforce Skills Training Program

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Case Management” means the Department of Public Safety and Correctional Services employees responsible for oversight of the Correctional Education mandatory educational program and workforce skills training program.
(2)
“Correctional Education” means the Maryland Department of Labor employees responsible for administering the correctional education and workforce skills training programs at correctional institutions.
(3)
“Department” means the Maryland Department of Labor.
(4)
“GED®” means testing offered as an alternate and acceptable way for an individual older than the age requirement for compulsory school attendance to earn a Maryland high school diploma.
(5)
“Secretary” means the Secretary of Labor.

Regulation .02 Purpose.Copy Citation

The purpose of this regulation is to implement a mandatory educational and workforce skills training program in each of the correctional institutions in the Department of Public Safety and Correctional Services (DPSCS) to meet the needs of the inmates.

Regulation .03 Exemption From Participation.Copy Citation

An inmate is not required to participate in a mandatory educational and workforce skills training program if the inmate has a medical, developmental, or learning disability, which justifies an exemption, verified by:
A.
An Individualized Education Program (IEP) pursuant to the Individuals with Disabilities in Education Act (IDEA); or
B.
Other competent medical or educational documentation acceptable to the Secretary or his designee.

Regulation .04 Required Participation.Copy Citation

An inmate is required to participate in a mandatory educational and workforce skills training program if the inmate:
A.
Does not possess a verified high school diploma or a GED® diploma;
B.
Was received by the DPSCS after July 1, 1987;
C.
Has 18 months or more remaining to be served on the inmate’s sentence before a mandatory supervision release date; and
D.
Is not exempted due to a medical, developmental, or learning disability under Regulation .03 of this chapter.

Regulation .05 Program Participation.Copy Citation

A.
If an inmate meets the participation requirements of Regulation .04 of this chapter, Case Management shall refer the inmate to the mandatory educational and workforce skills training program.
B.
If Case Management determines that the individual should pursue an educational program:
(1)
The inmate shall be assessed by Correctional Education with the Test of Adult Basic Education (TABE) or comparable educational assessment and placed into Beginning Literacy, Adult Basic Education, or Adult Secondary Educational Program, as appropriate, pursuant to the inmate’s personalized education plan;
(2)
The inmate shall actively participate in a mandatory educational program for not less than 240 days, with the educational standard being the attainment of a high school diploma.
(3)
An inmate may continue in the education program beyond 240 days at Case Management’s discretion.
(4)
Time of participation shall be calculated as follows:
(a)
Days shall mean calendar days, with the calculation beginning on the first day the inmate is assigned to attend class by Case Management, counting continuously until 240 days are complete;
(b)
The calculation may be suspended at the discretion of Case Management due to the inmate’s illness, removal, reassignment, or transfer to another institution and shall continue from where it was suspended upon an inmate’s return to an educational program, unless Case Management deems such calculation to be inappropriate;
(c)
The 240 days requirement for mandatory education shall be waived if the inmate acquires a high school diploma before the expiration of 240 days.
(d)
The 240 days requirement for mandatory education shall apply to inmates who meet the participation requirements of Regulation .04 of this chapter and who have not completed the mandatory education requirement prior to October 1, 2021.
(5)
The inmate shall comply with Correctional Education and Case Management rules of attendance and conduct.
(6)
Infractions of the rules or DPSCS disciplinary action for conduct outside the educational program may result in Case Management removing the inmate from the educational program for:
(a)
Refusal to submit to TABE or educational assessment;
(b)
Refusal to attend scheduled educational program classes;
(c)
Lack of demonstrated academic progress;
(d)
Inappropriate behavior; or
(e)
Conviction of violating an institutional rule.
(7)
An inmate who is 21 years of age or younger shall have priority status for placement.
C.
If Case Management determines that the inmate should pursue a workforce skills training program in lieu of an educational program:
(1)
The inmate shall be assessed by Correctional Education and, in consultation with Case Management, be placed into an appropriate workforce skills training program;
(2)
The inmate shall actively participate in a workforce skills training program until the inmate is able to demonstrate proficiency in the subject skill as determined by Correctional Education and Case Management.
(3)
The inmate may participate in additional workforce skills training programs at Case Management’s discretion.
(4)
The inmate shall comply with Correctional Education and Case Management rules of attendance and conduct.
(5)
Infractions of these rules or DPSCS disciplinary action for conduct outside the workforce program may result in Case Management removing the inmate from the workforce program for:
(a)
Refusal to submit to assessment;
(b)
Refusal to attend scheduled training;
(c)
Lack of demonstrated progress;
(d)
Inappropriate behavior; or
(e)
Conviction of violating an institutional rule.

Regulation .06 Removal from the Mandatory Educational and Workforce Skills Training Program.Copy Citation

A.
If an inmate is removed from a mandatory educational program or a workforce skills training program for an infraction of Regulation .05C of this chapter, the inmate may:
(1)
Be charged with a Category II rule violation;
(2)
Lose all good time credits and all special project credits;
(3)
Have all visits suspended indefinitely; and
(4)
Be placed on unassigned status and not be assigned to any other job or program assignment, waiting list or job bank.
B.
An inmate may be returned to an educational program by Case Management after removal for an infraction of Regulation .05 of this chapter if the inmate:
(1)
Agrees to submit to TABE or educational assessment;
(2)
Agrees to attend scheduled educational program classes;
(3)
Demonstrates academic progress;
(4)
Agrees to refrain from inappropriate behavior; and
(5)
Agrees to refrain from violating institutional rules.
C.
An inmate may be returned to a workforce program after removal for an infraction of Regulation .05 of this chapter if Case Management deems it appropriate.

Regulation .07 Reporting Requirement.Copy Citation

The DPSCS shall report to the Parole Commission the progress of an inmate upon completion of or removal from the mandatory educational and workforce skills training program.

Regulation .08 Inmate under an IEP.Copy Citation

Notwithstanding the provisions of this chapter, an inmate 21 years of age or younger with an Individualized Education Program (IEP) pursuant to the Individuals with Disabilities in Education Act (IDEA) must be provided educational services pursuant to the IEP upon admission to a correctional institution and for the duration required under the IEP. DPSCS shall promptly notify Case Management of an inmate’s IEP status.

Chapter 03. Grant Programs for the Public Safety Apprenticeship Program and the Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals

Regulation .01 Purpose.Copy Citation

These regulations prescribe the policies, procedures, and authorizations for administering the Public Safety Apprenticeship Program and the Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means Labor and Employment Article, §§11-603 and 11-604, Annotated Code of Maryland, as amended.
(2)
“Council” means the Maryland Apprenticeship and Training Council.
(3)
“Department” means the Department of Labor.
(4)
“Division” means the Division of Workforce Development and Adult Learning.
(5)
“Grantee” means an employer to whom an award is made under the terms of this chapter.
(6)
“Program” means the grant programs for the Public Safety Apprenticeship Program and the Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals.
(7)
“Public safety agency” has the meaning set forth in Labor and Employment Article, §11-603(a)(4), Annotated Code of Maryland.
(8)
“Secretary” means the Secretary of Labor.

Regulation .03 Application and Review Procedures.Copy Citation

A.
Grant Application.
(1)
An applicant may apply for a grant under the Act as set forth in this regulation.
(2)
An applicant shall apply to the Department on an application prescribed by the Department.
(3)
An applicant shall submit documentation that the Department requires to establish the eligibility of the applicant and apprentice.
B.
Review Procedures.
(1)
Upon receipt of the grant application and any required documentation, the Department shall review each application to determine whether an applicant will be awarded a grant.
(2)
The Secretary may delegate to the Assistant Secretary of the Division or an employee of the Department the authority to review grant applications and supporting documentation.
(3)
If a grant application is rejected, the Department shall notify the applicant in writing within 60 days of receipt of the grant application.
(4)
The notice of grant rejection shall state the reason the grant was rejected.
(5)
An applicant may request reconsideration within 15 days of the date of the notice of grant rejection by filing a request in writing with the Assistant Secretary of the Division.

Regulation .04 Grant Monitoring.Copy Citation

The Department may monitor grants and disbursement of grant funds to ensure that grant funds are properly disbursed.

Regulation .05 Retention of Grant Records.Copy Citation

A.
Grantees shall retain and maintain all records regarding the application for at least 3 years after the final disbursement of grnt funds.
B.
The records shall be open to the inspections of representatives of the Department during reasonable working hours.

Regulation .06 Application Records.Copy Citation

The Department shall ensure that Program guidelines, information and application forms are publicly available on the Department’s website and at its offices.

Regulation .07 Waiver.Copy Citation

The Secretary may waive or modify a particular provision of this chapter to the extent that the waiver is not inconsistent with the Act if, in the determination of the Secretary, the application of a regulation in a specific case is inequitable or contrary to the purposes of the Act.

Regulation .08 Amount of Public Safety Apprenticeship Program Grant.Copy Citation

A.
The maximum amount that a Public Safety Agency may be awarded for a Start Up grant may not exceed $200,000.
B.
The maximum amount that a Public Safety Agency may be awarded for a Stabilization grant may not exceed $5,000 per registered apprentice.

Regulation .09 Amount of Apprenticeship Career Training Pilot Program Grant for Formerly Incarcerated Individuals.Copy Citation

A.
The maximum amount that a grantee may be awarded during a fiscal year may not exceed $25,000.
B.
Grants may not exceed $1,000 per apprentice employed by a grantee.

Chapter 04. Tax Credit for Eligible Apprentices

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Comptroller” means the Comptroller of Maryland.
(2)
“Department” means the Maryland Department of Labor.

Regulation .02 Credit Allowed.Copy Citation

Subject to the limitations set forth in Tax-General Article, §10-742(c), Annotated Code of Maryland, a taxpayer may claim a credit against the State income tax in an amount equal to the amount stated in the tax credit certificate issued by the Department.

Regulation .03 Application and Application Process.Copy Citation

A.
Application. An applicant shall submit:
(1)
A completed application to the Department on the form designated by the Department; and
(2)
Supporting documentation required by the Department.
B.
The Department shall:
(1)
Approve applications during the application period;
(2)
Approve the application if the:
(a)
Application is complete; and
(b)
Applicant is determined to be eligible;
(3)
Disapprove the application if the:
(a)
Application is incomplete;
(b)
Applicant fails to provide sufficient information or documentation to determine eligibility;
(c)
Applicant provides the appropriate documentation but is determined ineligible; or
(d)
The funds available for that tax year are expended; and
(4)
Provide the applicant with written notice of the final disposition of the application within 45 calendar days.

Regulation .04 Income Tax Credits.Copy Citation

On approval of an application, the Department shall issue an income tax credit certificate.

Regulation .05 Claiming the Credit.Copy Citation

A.
A taxpayer allowed the credit shall claim the credit against the State income tax in the year in which the apprentice is registered as set forth in Tax-General Article, §10-742(a)(3), Annotated Code of Maryland.
B.
A taxpayer allowed the credit shall claim the credit against the State income tax in the form and manner required by the Comptroller.

Regulation .06 Carryover of Excess Credit.Copy Citation

If the credit allowed to the taxpayer in any taxable year exceeds the total of tax otherwise payable for that taxable year, the business entity may apply the excess as a credit for succeeding taxable years until the full amount of the excess credit is used.

Regulation .07 Monitoring.Copy Citation

The Department may request additional documentation to monitor continuing eligibility.

Regulation .08 Expiration of the Credits.Copy Citation

A.
This chapter remains in effect until the earlier of:
(1)
The date that funding for income tax credits ceases to be available; or
(2)
June 30, 2025.
B.
The Department shall issue final income tax credits based on available funds.

Chapter 05. Maryland New Start Grant Program

Regulation .01 Purpose.Copy Citation

These regulations prescribe the policies, procedures, and authorizations for administering the Maryland New Start Grant Program.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means Labor and Employment Article, §11-606, Annotated Code of Maryland.
(2)
“Department” means the Department of Labor.
(3)
“Division” means the Division of Workforce Development and Adult Learning.
(4)
“Grant” means an award under the terms of this chapter.
(5)
“Grantee” means an organization to whom an award is made under the terms of this chapter.
(6)
“Program” means the Maryland New Start Grant Program.
(7)
“Secretary” means the Secretary of Labor.

Regulation .03 Eligible Grantees.Copy Citation

Eligible grantees shall meet the following requirements to qualify for a grant:
A.
Have all requisite legal capacity and due authority to enter into the grant;
B.
Satisfy all legal requirements to operate in the State; and
C.
Meet the performance standards of the Department, as follows:
(1)
Not have defaulted on a prior grant or loan from the Department; and
(2)
Not be currently barred or suspended from any of the Department's programs.

Regulation .04 Proposal and Review Procedures.Copy Citation

A.
The Department shall ensure that the Program guidelines, information and application forms are publicly available on the Department’s website and at its physical locations.
B.
Grant Proposal. The Department shall provide guidelines and detailed instructions for submitting a proposal for the Department’s consideration. Each proposal shall include:
(1)
The information required by Labor and Employment Article, §11-606(d)(2)(iii), Annotated Code of Maryland;
(2)
A description of the entrepreneurship development program as described in Labor and Employment Article, §11-606(d)(3), Annotated Code of Maryland;
(3)
An explanation of how the requirement of matching funds required by Labor and Employment Article, §11-606(e), Annotated Code of Maryland, will be satisfied; and
(4)
Any other information the Secretary requires related to the Program.
C.
Review Procedures.
(1)
Upon receipt of the grant proposal and any required documentation, the Department shall review each application to determine whether an applicant will be awarded a grant.
(2)
The Secretary may delegate to the Assistant Secretary of the Division or an employee of the Department the authority to review grant proposals and supporting documentation.

Regulation .05 Grant Agreement.Copy Citation

Upon approval of a grant proposal by the Department, the applicant, on a Departmental form, shall execute a grant agreement. The grant agreement shall at least require an applicant to meet the following obligations:
A.
Establish and operate the project according to the project description;
B.
Maintain and provide records and reports as required by Labor and Employment Article, §11-606(g), Annotated Code of Maryland, to the Department; and
C.
Use grant funds for only those activities provided in the approved project proposal.

Regulation .06 Grant Monitoring.Copy Citation

The Department may monitor grants and disbursement of grant funds to ensure that grant funds are properly disbursed by a grantee.

Regulation .07 Retention of Grant Records.Copy Citation

A.
Grantees shall retain and maintain all records regarding the application for at least 3 years after the final disbursement of grant funds.
B.
The records shall be open to the inspections of representatives of the Department during reasonable working hours.

Regulation .08 Expiration of the Program.Copy Citation

This chapter remains in effect until the earlier of:
A.
The date that funding for the Program ceases to be available; or
B.
June 30, 2029.