Title 11 — Subtitle 01. Office of the Secretary

A petition requesting the promulgation of a regulation shall be in writing and shall contain a brief statement of the regulation sought, as well as a statement of the reasons in support of the request. The petition shall be signed by the petitioner and shall contain his home and business address and his telephone number.

A petition requesting the amendment or repeal of an existing regulation shall be in writing and shall fully set forth the regulation as to which the petition has been filed. If the petition is for the amendment of a regulation, the changes desired shall be completely described, and a brief statement of the reasons for the changes requested shall be given. If the petition is for the repeal of a regulation, it shall contain a brief statement of the reasons for which repeal is sought.

Any petition which is filed on behalf of other than an individual petitioner, in addition to the petitioner identification requirements of §A of this regulation, shall give the name, home and business addresses, and telephone number of the individual or individuals who have drawn the petition and caused it to be filed on behalf of the named petitioner.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

The general public is invited to attend and observe any open session of the Department.

Except in instances when the Department expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the general public attending an open session may not participate in the session.

An individual attending an open session of the Department may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.

The presiding officer may:

A member of the general public, including any representative of the news media, may:

A representative of the news media may broadcast or televise the proceedings of the Department at an open session if the equipment used:

The presiding officer may restrict the movement of a person who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the open session.

Pursuant to Transportation Article, §2-505(b), Annotated Code of Maryland, the Board shall hear and determine appeals from the adoption of regulations by the Secretary of Transportation or by any administration or other agency within the Department. Regulations subject to review shall be as defined in State Government Article, §10-101(e), Annotated Code of Maryland. As set forth in State Government Article, §10-125, Annotated Code of Maryland, a complainant may initiate the appeal procedure when it appears that the regulation or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the complainant.

The appeal shall be based upon the allegation that the regulation violates constitutional provisions, exceeds the statutory authority of the agency, or was adopted without compliance with statutory promulgating procedures.

In addition, the Board shall hear and determine appeals from those actions or failures to act by any administration or agency within the Department of Transportation for which the Secretary, by regulation, provides for review by the Board.

A complainant seeking to appeal the adoption of a regulation, within the meaning of State Government Article, §10-101(e), Annotated Code of Maryland, by the Secretary of Transportation or by any administration or agency within the Department, shall first file a complaint in writing to the chief executive officer of the administration or other agency which has promulgated the regulation, within 30 days after the complainant knows, or with the exercise of ordinary diligence should have known, that the complainant is aggrieved.

Unless an extension of time has been agreed upon by the parties, the chief executive officer of the administration or agency shall render a decision within 30 days of the filing of the complaint.

A copy of the decision shall be sent to the complainant by certified mail, return receipt requested.

Appeals to the Board of Review shall be filed with the Board within 30 days after the complainant has received a copy of the decision as provided for in Regulation .04 of this chapter.

If no decision on the complaint has been sent to the complainant, an appeal may be filed within 30 days from the time the decision should have been made pursuant to Regulation .04 of this chapter.

The Board, for good cause shown, may extend the time within which an appeal shall be filed, if a motion for the extension is filed with the Board within 30 days from the time a filing of an appeal is required by this regulation.

When an appeal of a regulation has been filed with the Board of Review, The Board shall docket the appeal in its docket book which shall be available for public inspection during regular business hours.

Appeals shall be assigned for hearing by the Chairman, and, insofar as feasible, in the sequence in which they are filed, provided that appeals filed with inadequate information may not be assigned for hearing until the appeal information has been satisfactorily completed. The Chairman may advance the date for hearing of any appeal or postpone the hearing date. Dates of hearing shall be noted on the docket.

The Board shall give notice of the date and place of hearing by certified mail, receipt requested, to the complainant and any other parties appearing on the Board's docket, not more than 30 days or less than 15 days before the date of hearing. The Chairman may designate additional means of notice in any case.

Appeals set for hearing on a particular day shall be heard in the order designated by the Chairman. Appeals not heard on the day set, or not concluded on the day set, shall be reset or continued to a future day. If the day to which the appeal is reset or continued is announced at the hearing meeting, it is not necessary to give further notice of the date of hearing to which the appeal is continued.

Hearings shall be conducted generally in the following order:

The Board may limit the time allowed for opening statements and closing arguments.

If applicable, the Board shall in all respects be governed by the provisions of the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland. In the event of any conflict between the regulations of the Board and the Act, the provisions of the Act shall supersede.

_______________ (Name), Complainant, appeals from: (Here set forth the decision made by the Administrator when requested by complainant to review a regulation promulgated by his Administration, or the failure of the Administrator to render a decision. Included also shall be a statement that the complainant has complied with the requirements of Regulation .04.)

The issue involved in this appeal is: (Here set forth, in sufficient detail, the grounds upon which the appeal is subject to review by the Board under Regulation .03 the grounds upon which the Regulation is challenged, and the alleged error of the respondent.)

Complainant also desires to state as follows: (Here set forth any other comments or matters complainant believes are proper, necessary, or desirable to include in this notation of appeal.)

List the name, address, and telephone number of each complainant.

Answer. The respondent in an appeal shall file an answer to the appeal and an interested individual may file an answer to the appeal.

Pleadings and Motions.

Service. After the filing of the appeal, the answer and all motions and pleadings shall be served on all parties appearing on the docket.

The Board may act on matters before or at the hearing or after the hearing.

In this chapter, the following document is incorporated by reference.

Document Incorporated. The Maryland Action Plan (Maryland Department of Transportation, State Highway Administration, December, 1993).

The Action Plan is:

The Action Plan establishes the organizational arrangements, the assignment of responsibilities, and the procedures to be followed to assure that:

It is the policy of the Department of Transportation that the Department, and each of its administrations, agencies, boards, commissions, and other units, conduct its affairs with an awareness of its responsibility for the protection of the environment for the present and future. The Maryland Environmental Policy Act (Act), Chapter 703 of the Laws of 1973, as codified in §§1-301—1-305, Natural Resources Article, Annotated Code of Maryland, mandates that State agencies, in balancing economic development and environmental quality, shall engage in thoughtful consideration of the environmental effects of their proposed actions, including: ecological, socio-economic, developmental, recreational, historic, architectural, aesthetic, and other values. Environmental assessment forms (EAF) and environmental effects reports (EER), as defined in the guidelines of the Department of Natural Resources adopted pursuant to the Act, will be utilized by the Department to accomplish this purpose, as well as to purpose, as well as to increase public participation in the planning of Departmental projects and to provide the General Assembly with additional social, economic, and natural environmental information to assist it in deciding upon legislative appropriations for projects in the annual capital budget.

The requirements of the Act are consistent with and, in many respects, covered by the Maryland Action Plan adopted by the Department as COMAR 11.01.06 to document departmental policy for the planning and development of all transportation improvements.

“Proposed State action” is defined in the Natural Resources Article, §1-301(c) as “requests for legislative appropriations or other legislative actions that will alter the quality of the air, land or water resources. It does not include a request for an appropriation or other action with respect to the rehabilitation or maintenance of existing secondary roads.”

The Act requires environmental effects reports only in connection with requests for legislative appropriations or legislative actions which significantly affect the environment, natural as well as socio-economic.

Environmental Assessment Form (EAF).

Environmental Effects Report (EER). An environmental effects report (EER) will consist of an environmental assessment form (See Regulation .08A) which will be attached to the front of every EER, and the body of the EER report. The amount of detail provided in the report will be commensurate with the extent of the expected impact of the action. In general, the greater the magnitude of impact the more detailed will be the discussion. For a particular action, some sections will be given more attention than others. Sections which are especially relevant to a particular action will be treated extensively. Nevertheless, each section will be given at least summary treatment. The body of every report shall contain the following sections:

Capital Projects.

State System Projects. The Department's capital budget request asks for program rather than specific project appropriations. Therefore, the forms and reports will be related to phases of project development as defined in the part of the Action Plan applicable to the modal administration which develops the project and the consolidated transportation program which supplements the budget request. The form and, when necessary, report will be developed for State projects during the planning phase which is the first phase of the project development. The scope and general characteristics of the project are defined during this phase. The reports will be available to the public and submitted to the State Clearinghouse before the next phase of project development, the final design, in which the detailed specifications of the project are defined. The design phase precedes the time a State project is scheduled for right-of-way acquisition and construction in the Department's consolidated transportation program. Thus, the reports will be on file before the request to fund the budget year of the consolidated transportation program in which the right-of-way or construction phases of the project are scheduled to start.

State-Aided Local Projects. Capital budget appropriations for the Department's programs of transportation assistance to local jurisdictions are requested before the time detailed information on specific projects is available. Therefore, an environmental assessment form covering each of these grant programs in a general manner will be prepared and submitted before the request for capital appropriations.

All environmental assessment forms and environmental effects reports shall be available for inspection by the public at the operating administration within the Department which prepared the reports, and copies will be available from the Department upon written request free of charge to the fullest extent possible.

The Department shall file copies with the State Clearinghouse which will prepare a list by title of every environmental effects report or environmental assessment form filed in the preceding month, naming the Department and including a short description of the locale affected and the amount of funds requested. Monthly, the list will be distributed by the State Clearinghouse to:

Many programs and projects of the Department use federal funds and are therefore subject to national environmental requirements. Most of these projects, for example, come within the coverage of the National Environmental Policy Act (NEPA), passed by the Congress in 1969 and effective as of January 1, 1970. In many respects, the environmental impact statement and the environmental effects report required under the Maryland Environmental Policy Act (ACT) are similar both in purpose and in content.

The federal law and the State law clearly overlap in many respects. The Maryland Department of Transportation feels it would be inefficient to duplicate the effort involved in preparing a separate State environmental effects report on any program or project for which a federal environmental impact statement is also required. Therefore, one report will be developed covering the requirements under both laws.

When a program or project of the Maryland Department of Transportation comes under the National Environmental Policy Act and the responsible federal official issues a Finding of No Significant Impact (FONSI) (a statement which says that in his view the proposal does not significantly affect the quality of the human environment nor is it a major federal action and therefore an environmental impact statement is not required), that FONSI will be included with the environmental assessment form, and no environmental effects report will be developed.

Installation, modification, or renewal of navigational, traffic control, and safety equipment such as signing, signalization, lighting, fencing, freeway surveillance and control systems, railroad protective devices, roadway grooving, glare screens, safety barriers, and energy attenuators;

Interior or exterior renovation of transportation facilities which does not significantly increase capacity;

Overlay or resurfacing of existing taxiway, runway, ramp, roadway, and parking lot surfaces;

Modernization and improvement of existing highways by resurfacing, reconstruction of roadbeds, widening less than single lane width, adding shoulders, adding auxiliary lanes for localized purposes, correcting substandard curves and intersections, spot improvements, drainage improvements, erosion control, and channelizations;

Addition of scenic lands, rest areas, and scenic overlooks without sewage discharge;

Junkyard and outdoor advertising control projects;

Traffic noise attenuation projects;

Reconstruction of grade separations;

Approval of utility installations along or across a transportation facility;

Construction of bicycle and pedestrian lanes, paths, and facilities;

Improvements to existing rest areas and truck weigh stations;

Ride-sharing activities;

Alterations to facilities or vehicles to make them accessible for elderly and handicapped persons;

Bridge redecking, resurfacing, and minor rehabilitation (superstructive only); and

Modification, upgrading, repair, or retrofitting of existing stormwater management facilities or the retrofit construction of new facilities when not done in conjunction with another transportation project.

Background Information.

Assessment of Significant Environmental Effects.

Summary of Environmental Effects Report. Attached to the front of every environmental effects report should be a one or two page summary in substantially the following form:

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Inspections.

Copies. If the applicant is requesting a copy of any public record, the custodian may require a written request by the applicant.

If a written request is required, the applicant may use Form D-RM-005, “Request for Public Records”, or submit a request letter. The request letter shall contain the name and address of the applicant and a brief description of the record sought, and shall be signed by the applicant.

Applicants may obtain Form D-RM-005 or may request public records by writing, visiting, or calling any Office of the Department of Transportation, or by contacting the appropriate official custodian as listed below:

A written request 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 or to the appropriate official custodian.

Official custodians and custodians shall coordinate their responses to all requests for public records received from the media with the appropriate public affairs officer to ensure that these requests are handled in a manner consistent with normal media relations practices.

The Motor Vehicle Administration shall develop request procedures in keeping with the spirit of these regulations whereby volume applicants for release of public records need not use Form D-RM-005.

If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request, when that period of time is needed to retrieve the information.

If the official custodian decides to deny the written request, the official custodian shall do so within 30 days of the written request and, immediately upon deciding to deny the request, notify the applicant of the denial by providing a written statement of the grounds for the denial, including a citation of the law or regulation under which access is denied and all remedies for review of the denial under the Act.

Any reasonably severable portion of a record shall be provided to the applicant after deletion of those portions which may be withheld from disclosure.

If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.

With the consent of the applicant, any time limit imposed by §§A, B, and D of this regulation may be extended for an additional period not to exceed 30 days.

If the written request is denied by the official custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing on the denial within 30 days after receipt of the notification of the written denial.

If a hearing is requested by the applicant, the hearing shall be conducted by the Office of Administrative Hearings pursuant to a delegation from the Secretary and the hearing shall be governed by State Government Article, §§10-205—10-225, Annotated Code of Maryland and the regulations promulgated thereunder. After the hearing, the administrative law judge shall prepare proposed findings of fact, proposed conclusions of law, and a proposed order. The Secretary or the Secretary's designee shall issue the final decision of the Department.

If the administrative hearing finding confirms total or partial denial of the written request, the applicant may then seek judicial review pursuant to State Government Article, §10-222, Annotated Code of Maryland.

If the applicant chooses not to request a hearing under §A of this regulation, the applicant alternatively may file an action for judicial review under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy.

The fee schedule for reproducing public records of the Department is as follows:

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.

If the custodian is unable to copy a record within the Department, he shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.

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.

Items which are promotional in nature or which are routinely distributed to the public, and items which are required to be furnished to the public, other than by the provisions of the Public Information Act, may be given free of charge.

The Motor Vehicle Administration shall develop cost procedures in keeping with the spirit of these regulations whereby payment for volume requests for public records may be made on a periodic basis.

These procedures apply to all contested cases within the Department except hearings conducted by the Motor Vehicle Administration under the procedures set forth in the Maryland Vehicle Law and hearings governed by special regulations or otherwise exempted by law from coverage.

These procedures do not apply to contested cases delegated to the Office of Administrative Hearings for the contested case hearing, except that the requirements of Regulations .11B and .12 of this chapter shall apply where final decision-making authority has not been delegated to the Office of Administrative Hearings.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.

The hearing notice shall contain:

If approved in writing by the Chief Administrative Law Judge, the decision maker may designate a presiding officer who shall conduct the hearing and make written findings of fact and proposed conclusions of law.

The decision maker may also be the presiding officer.

A party may appear in proper person or be represented by counsel.

A corporation may be represented by an officer, agent, or attorney.

Evidence that possesses probative value commonly accepted by reasonable and prudent individuals in the conduct of the individuals' affairs may be admitted at a hearing.

Incompetent, irrelevant, immaterial, and unduly repetitious evidence may be excluded.

The presiding officer is not bound by technical rules of evidence.

Written statements may be submitted by parties before and at the hearing and for such period of time that the presiding officer may designate the record to remain open after the hearing.

A party may call witnesses and cross-examine opposing witnesses.

Witnesses and parties acting as witnesses shall be sworn or put upon affirmation to tell the truth.

The hearing shall be open to the public, unless otherwise provided by law.

Upon written notice 7 days in advance of a hearing and upon payment of costs, a party may request that a hearing be transcribed.

Individuals, other than advisory staff or agency counsel who do not participate in the contested case hearing, may not communicate ex parte with the presiding officer or decision maker.

Ex parte communications received in violation of §A of this regulation shall be placed in the record and disclosed to all parties who shall then have 10 days after notice of the communication within which to rebut them.

The decision maker may adopt, modify, or rewrite a presiding officer's findings of fact and proposed conclusions of law.

If a decision maker, or a majority of them, has not heard the evidence, a proposed decision, including findings of fact and conclusions of law, shall be mailed to all parties. Parties adversely affected by the decision shall be afforded the opportunity, within 15 days after receipt of it, to file exceptions and present argument to the decision maker or the majority of them.

The final decision shall identify any changes, modifications, or amendments to the proposed decision and the reasons for the changes, modifications, or amendments.

Copies of the final decision and findings of fact and conclusions of law shall be delivered or mailed promptly to all parties or their attorneys.

Instead of a decision, a contested case may be disposed of by stipulation, settlement, consent order, default, withdrawal, summary disposition, or dismissal.

Upon issuance of a final decision, an aggrieved party may proceed to exhaust any remaining administrative remedies or seek judicial review in accordance with applicable law.

The record, for purposes of appeal, in a contested case shall include:

Upon notice of appeal the record shall be transmitted promptly to the appropriate appellate tribunal but in any event within the time period prescribed in the Maryland Rules of Procedure governing appeals from administrative agencies.

“Custodian” means an authorized person employed by the Department having personal custody and control of public records of the Department.

“Official custodian” means and includes whomever the Secretary of Transportation shall appoint in the Departmental Headquarters elements, the Administrations, and the various Departmental Boards and Commissions (including the Transportation Authority), who are responsible for the maintenance, care, and keeping of public records, regardless of whether these records are in the official custodian's personal custody and control.

“Person in interest” means and includes the person who is the subject of a record or any representative designated by that person, except that if the subject of the record is under legal disability, the term “person in interest” shall mean and include the parent or duly appointed legal representative.

“Personal records” means and includes any public record that contains information pertaining to a natural person whose identity can be ascertained from the public record with reasonable certainty either by name, address, number, description, finger or voice print, picture, or any other identifying factor or factors.

“Third party” means any natural person, corporation, partnership, firm, association or governmental agency who is not a “person in interest.”

Identify the personal records the person is seeking to correct or amend;

State the precise correction or amendment requested;

State the reason the correction or amendment is sought; and

Include the statement that the personal records are to the person's belief currently inaccurate or incomplete.

Deputy Secretary, Maryland Department of Transportation, 7201 Corporate Center Drive, P.O. Box 548, Hanover, Maryland 21076-0548;

Deputy Executive Director, Maryland Port Administration, The World Trade Center, Baltimore, Maryland 21202-3041;

Administrator, Maryland Transit Administration, 6 Saint Paul Street, Baltimore, Maryland 21202-1614;

Administrator, Motor Vehicle Administration, 6601 Ritchie Highway N.E., Glen Burnie, Maryland 21062-0001;

Administrator, Maryland Aviation Administration, P.O. Box 8766, Baltimore Washington International Thurgood Marshall Airport, Maryland 21240-0766;

Administrator, State Highway Administration, 707 North Calvert Street, Baltimore, Maryland 21203-0717;

Executive Director, Maryland Transportation Authority, 2310 Broening Highway, Suite 150, Baltimore, Maryland 21224-6639.

Make the requested correction or amendment and inform the person in writing of the action; or

Inform the person in writing of the:

Inform the person in writing that the request will not be acted on because:

The requested correction or amendment; and

Disagreement with the Department's refusal to make the correction or amendment.

A person in interest may request an administrative review within the Department, by filing a request for review with the Secretary or the Secretary's designee, if the person in interest has been denied:

A request for review shall be filed within 30 days of the date the person in interest is advised of the Department's action.

The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

This remedy of administrative review need not be exhausted before filing suit in a circuit court pursuant to State Government Article, §10-625(e), Annotated Code of Maryland.

The Board may hear and decide appeals in cases when there is a denial by the Maryland Aviation Administration in an order, requirement, decision, or determination relating to a request for a permit for any activity, land use, or structure within a noise zone or other airport zoning district of Baltimore/Washington International Airport (BWI) or Martin State Airport.

The Board may hear, decide, and grant specific variances permitting a prohibited activity or land use, or deny requests for a prohibited activity or land use within a noise zone or other airport zoning district of Baltimore/Washington International Airport (BWI) or Martin State Airport.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Meetings. The Board shall meet at the call of the Chairman or, during the Chairman's absence, the Vice Chairman. Unless otherwise designated, meetings shall be held at the Headquarters Building, Maryland Department of Transportation.

Quorums.

Votes. A majority of the quorum hearing an appeal or request for variance, as the quorum is defined in §B(1) or (2), of this regulation, shall be required to affirm any action of the Board.

Appeals to the Board may be taken by any party when there is a denial of the request for a permit by the Maryland Aviation Administration. An appeal shall be filed within 30 days of a decision by the Administration.

Requests to the Board for a specific variance from noise zone or airport zoning district regulations shall be filed within 30 days of the decision by the Administration.

The Chairman may extend the time limits set forth in §§A and B, of this regulation. The extension shall be at the discretion of the Chairman and only for good cause. A party requesting an extension shall file with the Board a written request setting forth the reason for the requested extension. This request shall be filed with the Board within the time period set forth in §A or B, of this regulation.

Form of Appeal. Appeals shall be filed in writing with the Board and shall contain the following information:

Request for Variance. A request for variance shall be filed in writing with the Board and shall contain the following information:

The Secretary of the Board shall maintain a docket in which all appeals and requests for variance shall be recorded. The docket shall be available for public inspection during normal business hours at the Headquarters Building, Maryland Department of Transportation.

Appeals and requests for variance shall be recorded on the docket upon receipt and filed for hearing in the order they are received by the Board. The Board may, however, for administrative ease and in its discretion, schedule hearings in any order other than the order in which they are received, provided that this does not result in a delay of more than 2 months from the date a hearing would have been conducted had it been scheduled based upon the date of receipt of the appeal or request for variance.

Upon request by any party, the Board may hold expedited proceedings if it determines that there are sufficient grounds for so doing. In this event, the provisions of §§B and E may be waived.

The Chairman or his designated representative may request further documentation from any party prior to the hearing.

Notice of hearings on appeals or requests for variance shall be:

A party may appear in proper person or be represented by counsel.

A political subdivision may be represented by any officer or agency.

At least 2 weeks before the hearing, each party shall file with the Board a list of witnesses and documentary evidence to be introduced at the hearing, and a copy shall be served on each other party to the hearing.

Prehearing Conferences. The Chairman of the Board may hold prehearing conferences as he considers appropriate.

The Board may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of documents.

A preliminary motion filed by a party shall be accompanied by a memorandum of points and authorities and shall be filed with the Board at least 10 working days before the hearing, and a copy shall be served on each other party to the hearing. Any response shall be filed with the Board at least 5 working days before the hearing, and a copy shall be served on each other party to the hearing. The Board may, in its discretion, grant a hearing on the motions.

Duties of Chairman. The Chairman or his designee shall be the presiding officer. The presiding officer:

Order of Procedure. The order in which the parties shall present their cases shall be determined by the presiding officer.

Examination of Witnesses and Introduction of Evidence.

Summary of Evidence. The presiding officer may, in his discretion, permit any party to summarize the evidence, provided that, if one party is permitted summary, the presiding officer shall also permit each other party to the hearing to summarize the evidence.

Executive Session. The Board shall hold an executive session to consider all probative and relevant evidence submitted during the hearing and to determine the outcome of the hearing.

The Board shall prepare an official record which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings.

A stenographic record or an electronic recording shall be made of each hearing, but need not be transcribed unless a request for a transcribed copy is made. The party requesting the transcribed copy shall pay all costs of transcription.

Establish a Maryland Department of Transportation Public-Private Partnership Program (“Program”) to enhance the State's transportation systems, assets, functions, and infrastructure; and

Describe and provide a process for the development, solicitation, evaluation, award, and delivery of public-private partnerships in the Department’s Program.

In accordance with State Finance and Procurement Article, §10A-101(g)(2), Annotated Code of Maryland, the Department is a reporting agency that may establish public-private partnerships and execute public-private partnership agreements in connection with any public infrastructure assets for which it is responsible.

Within the Department, the Office of the Secretary shall be responsible for administering the Program on behalf of its Modal Administrations.

In accordance with State Finance and Procurement Article, §10A-101(g)(2) and (3), Annotated Code of Maryland, the Maryland Transportation Authority is a separate reporting agency and its public-private partnership program is not included in this chapter.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

The Steering Committee is established to advise the Secretary on the structure and implementation of the Department’s Program, including, but not limited to, the following:

The Steering Committee shall be comprised of Department and other State employees as identified by the Secretary.

The Steering Committee shall be chaired by a Department employee, as identified by the Secretary, and referred to as the Steering Committee chair.

Public-private partnership concepts and opportunities identified within the Department and its Modal Administrations and through other state, regional, local, and municipal processes.

Unsolicited Proposals.

The purpose of screening is to assist the Department in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a public-private partnership methodology.

The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated public-private partnership concepts and unsolicited public-private partnership concepts.

The screening process shall be organized in two phases.

Pre-solicitation Report Development.

The Department may not issue a public notice of solicitation for a public-private partnership until:

General.

Solicitations Relating to Concepts Described in Unsolicited Proposals.

Multi-Step Solicitation Process.

Reimbursement.

Reservation of Rights. The Department reserves all rights available by law and in equity in its public-private partnership solicitation process, including without limitation, the right to:

Additional reservations of Department rights may be included in the solicitation documents for a public-private partnership.

The Department shall conduct evaluations of submitted responses to the following: requests for qualifications and submitted proposals using the information submitted by the private entity.

The processes for evaluating submitted responses to request for qualifications and for evaluating submitted proposals to requests for proposals shall be described and submitted to the Board of Public Works as part of the pre-solicitation process the Board of Public Works shall approve.

The Secretary shall establish one or more evaluation committees on a case-by-case basis that may:

Best and Final Offers.

After an apparent best value private entity has been selected by the evaluation committees, in consultation with the Secretary, the Department may enter into negotiations with that private entity.

The Secretary may determine that negotiations be completed by a negotiations committee either comprised of members of the evaluation committees or established separately from the evaluation committee that may:

The Department, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if:

After completion of successful negotiations, the negotiations committee shall recommend a best value private entity to the Secretary for review and approval.

After the Secretary provides written approval of the best value private entity, the Department shall:

Final Agreement Review.

A business entity shall provide the Department with a completed online application.

The Department shall approve all applications that qualify for a tax credit certificate.

A claim for a refund may not be filed after 3 years from the date of the tax, and, if the commuter tax credit is more than the State tax liability, the unused credit may not be carried forward to any other year.

For any fiscal year, the total amount of the tax credit certificates issued by the Department for the credit allowed may not exceed $1,000,000.

For taxable years beginning after December 31, 2012, the income tax credit is available only on an electronically filed income tax return for the tax year in which the credit is being claimed

The Form 500CR section of the income tax return shall be completed.

State and Local Income Taxes Withheld. Form MW508CR shall be submitted with Form MW508, the Maryland Annual Employer Withholding Reconciliation Report, in order to claim this credit against Maryland income tax withheld. If the tax-exempt entity is required to file the MW508 electronically, then the MW508CR shall be filed with an amended MW508A, as the MW508CR is not available electronically at this time.