Any interested person may file a petition with the appropriate promulgating authority requesting the promulgation, amendment, or repeal of any regulation. 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. The petition shall be filed with the appropriate promulgating authority, which shall give the petition its full consideration. Within 60 days after submission of a petition, the promulgating authority shall either deny the petition in writing, stating the reasons for its denial, or initiate appropriate promulgating procedures in accordance with its decision. If a new regulation is adopted, or if an existing regulation is amended or repealed by a promulgating authority other than the Secretary, in response to the filing of a petition, it shall be submitted to the Secretary for review and approval. Transportation Article, §2-103(b); State Government Article, §§10-122 and 10-123; Annotated Code of Maryland Effective date: January 15, 1973 Regulation .03 amended effective January 26, 1979 (6:2 Md. R. 75); August 28, 1995 (22:17 Md. R. 1318) Any interested person may file a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of any regulation promulgated by any unit of the Department, of an order of a unit of the Department, or of any statute enforceable by any unit. A petition with respect to the applicability of any regulation, order, or statute enforceable by any unit of the Department shall be filed with the appropriate authority. Any petition shall be in writing, shall contain a detailed statement of the facts on which the petition is based, shall fully set forth the regulations, orders, or statutes involved, and shall pose the question of whether, and in what manner, the regulations, orders, or statutes apply to the petitioner under the facts contained in the petition. The petition shall contain the name, address, and telephone number of the petitioner, and shall contain a statement by the petitioner, under oath, that the facts contained in the petition are true. The unit with which the petition has been filed shall consider the petition and may issue the declaratory ruling requested. The considering authority may require argument on the petition. Any declaratory ruling which may issue binds the unit and the petitioner on the facts set forth in the petition. Any declaratory ruling issued by a promulgating authority shall be in writing and shall state the reasons for the decision. A copy of the declaratory ruling shall be mailed to the petitioner. Transportation Article, §2-102, Annotated Code of Maryland Effective date: January 5, 1973 Regulations .01—.04 amended effective August 6, 1990 (17:15 Md. R. 1860) This chapter contains procedures regarding the conduct of persons attending open meetings, and the recording and broadcasting of open meetings. In this chapter, the following terms have the meanings indicated. Terms Defined. “Department” means the Maryland Department of Transportation and includes the Office of the Secretary, all units in the Department as set forth in Transportation Article, §2-107, Annotated Code of Maryland, and all boards, commissions, authorities, and councils within the Department, except for the Maryland Port Commission and Maryland Port Administration. “Open session” means any meeting of the Department required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland. 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: Order a person who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session; Request police or other assistance to restore order; and Recess the open session while order is restored. A member of the general public, including any representative of the news media, may: Record discussions of the Department at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Department or others attending the open session; Photograph or videotape the proceedings of the Department at an open session if the camera is operated without excessively bright artificial light or noise that disturbs members of the Department or others attending the open session. A representative of the news media may broadcast or televise the proceedings of the Department at an open session if the equipment used: Is operated without excessively bright artificial light that disturbs members of the Department or others attending the open session; and Does not create noise that disturbs members of the Department or others attending the open session. 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. A recording of an open session by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of any proceeding of the open session. Transportation Article, §2-103; State Government Article, §10-507; Annotated Code of Maryland Effective date: January 15, 1973 Chapter, Adoption of Regulations, repealed effective March 6, 1981 (8:5 Md. R. 475) Regulations .01—.06, Open Meetings, adopted effective May 24, 1993 (20:10 Md. R. 852) Regulation .02B amended effective August 28, 1995 (22:17 Md. R. 1319) The Board shall meet for hearings and other purposes at the call of the Chairman. Unless otherwise designated by the Chairman, meetings shall be held at the headquarters building of the Department of Transportation. Five members shall constitute a quorum for the hearing of appeals. Four members shall constitute a quorum for all other meetings. Decisions shall be by a majority vote of those present. At the first meeting of the Board in each calendar year, the Board shall elect a Vice-Chairman to serve until his successor has been elected. The Vice-Chairman shall preside at meetings as acting chairman in the absence of the Chairman, and shall perform all the functions and shall have all the powers of the Chairman in the event of the absence from the State or the disability of the Chairman. Any other member of the Board may be designated as temporary acting chairman by the Chairman or, in his absence, by the Vice-Chairman. 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: Call of the case by the presiding officer; Disposition of any preliminary matters; Opening statements of the parties; Presentation of evidence in the following order: Complainant, Interested administrative officers, Other parties, Rebuttals in the same order; Closing arguments. 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. Appeals shall be filed in the following form or in a form substantially similar to this form: (FORM) BEFORE THE BOARD OF REVIEW OF THE DEPARTMENT OF TRANSPORTATION (Name and Address) (Complainant) Vs. (Official or Administration appealed from See Rule 4.) (Respondent) APPEAL NO. _______________ (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. A party may file motions or other pleadings. Each party's name, address, and telephone number, or that of the party's counsel, shall be stated on each motion or pleading. The form and content of pleadings, except as otherwise set forth in these regulations, shall be generally in accordance with the practice in the courts in this State. 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. Any person may appeal to the Board in proper person or by an attorney admitted to practice before the Court of Appeals of Maryland, in good standing, representing the complainant. At the hearing, any party may proceed in proper person, or by the attorney. Corporations may appeal and proceed at the hearing by the attorney or by an officer of the corporation duly authorized to do so by a resolution of the board of directors of the corporation (or in a close corporation with no board of directors by the stockholders or sole stockholder in accordance with its charter) filed with the Board. Unless the resolution has been filed, the Board may not accept an appeal signed by the corporate officer or permit the corporate officer to proceed at the hearing. A stenographic record or sound tape record shall be taken in each appeal. It is not necessary to transcribe the record unless so ordered by the Chairman or the Board. Any party may order a transcript at the expense of that party, and any party taking an appeal to the courts shall order and obtain a transcript at the expense of the party so appealing. The Board may require a party granted a rehearing to order and obtain a transcript at the expense of that party. Whenever a transcript is made, a copy shall be deposited with the secretary of the Board. Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland Effective date: January 15, 1973 Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860) Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319) Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319) Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860) Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319) Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319) 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 planning process for State highway and other transportation projects; and Designed to assure that adequate consideration is given to possible social, economic, and environmental effects of proposed projects, and that decisions on these projects are made in the best overall public interest. The Action Plan establishes the organizational arrangements, the assignment of responsibilities, and the procedures to be followed to assure that: The social, economic, and environmental effects of proposed projects are identified; Alternative courses of action are considered; and Other governmental agencies and the public are involved throughout the planning process. Transportation Article, §2-103, Annotated Code of Maryland;Federal-Aid Highway Program Manual, Volume 7, Chapter 7, §1, promulgated under authority of 23 U.S.C. §109(h) Effective date: February 15, 1974 Chapter revised effective December 16, 1977 (4:26 Md. R. 2025) Regulation .01C amended effective March 30, 1992 (19:6 Md. R. 674) Regulation .01D amended effective June 29, 1979 (6:13 Md. R. 1129) Regulation .01 repealed and new Regulations .01 and .02 adopted effective August 28, 1995 (22:17 Md. R. 1319) Effective date: February 10, 1975 (2:5 Md. R. 309) Regulation .08 amended effective February 18, 1976 (3:4 Md. R. 218) Chapter revised effective July 6, 1977 (4:14 Md. R. 1083) Chapter revised effective March 9, 1979 (6:5 Md. R. 445) Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5) The substance of this chapter was transferred to Title 21. See COMAR 21.12.02. 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). An EAF will be completed for each of the proposed actions identified by the Act and described by these guidelines. The EAF (an example of which appears in Regulation .08A) consists of a list of questions which can be answered “yes”, or “no”, or “comments attached”. The answers to the questions on the environmental assessment form will assist in determining whether or not an environmental effects report will be prepared. An answer of “yes” will generate a presumption in favor of preparation of an environmental effects report. However, this presumption may be overcome by the official preparing the assessment form by checking “comments attached” and explaining why an action in his opinion needs no environmental report even though some of the questions of the EAF are answered affirmatively. It is anticipated that the use of the EAF early in the decision-making process will promote the objectives of the Act by stimulating consideration by the Department of environmental and socioeconomic effects of the proposed action. 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: Summary of Environmental Effects Report. The summary, the purpose of which is to enable the General Assembly and the public to determine quickly the nature, location, alternatives to, and effects of, any particular agency action, shall: Identify the administration, agency, board, commission or other unit of the Department issuing the report and responsible official; and Provide a short summary (1 to 2 pages) of the information contained in the environmental effects report (See Regulation .08B). Description of the Proposed Action. This shall include a concise statement of the ecological, socioeconomic, and other objectives that the proposed action intends to fulfill; e.g., numerical expression, where appropriate, of the increase in employment opportunities, new office facilities, and increase in per capita income. When appropriate, the objectives will be discussed in the context of “State plans”, “regional demand studies”, or other broad frameworks. It shall also include: The proposal by name. The specific location of the proposed action shown on a map. A description of the extent (i.e., square feet, acres, miles of right-of-ways and other pertinent physical characteristics) of the project. The project description will contain a discussion of development associated with the proposed site and the secondary developments required by the proposed action including the need for utilities, other services, and transportation systems necessary to support the primary development of the site. Public facilities and public investments that might result if the proposed action is taken will be discussed. If the action is a portion of a larger action, then the relationship of the action under consideration to the larger action will be discussed. The historical background and current status of the proposed action in regard to engineering, construction and activation schedule will be summarized. The cost of the action and the proposed method of financing will be identified. Alternatives to the Proposed Action. This section will include a description of the alternatives considered for meeting the objectives of the proposed action. Alternatives may include: No action; Deferring action; or Other approaches to meeting the main objectives, including: Other locations for the proposal; Other ways to accomplish the objective; Different scaling of the development of the proposal (e.g., to provide greater coordination with community development plans and presently existing planned usage patterns); Other scheduling or timing of the proposal (e.g., to avoid potential disruptive effect on the local economy, or to assure adequate revenues to finance the proposal). A comparison of environmental and socioeconomic effects associated with the alternatives will be undertaken. Specific reasons for rejecting each alternative in favor of the present proposal will be stated. Environmental (Ecological and Socioeconomic) Setting Without the Action. This section will include both the regional and local setting of the project and address applicable considerations in the EAF and the environmental checklist provided in §B(6). Adverse and Beneficial Environmental Effects. The Environmental Considerations Checklist. The following list of environmental considerations will guide the development of the “setting without the action” and the adverse and beneficial environmental effects section. These factors, some of which may not be applicable to specific projects, may include, but are limited to: Hydrology; Geology; Physiography and geomorphology; Climatology; Soils; Biotic consideration--plants and animals; Aesthetic considerations; Employment pattern considerations: Tax revenue considerations; Impact on retention of current industry; Impact on attraction of new industry; Impact on attractiveness of area for tourism; Cultural and socioeconomic considerations; Historical considerations; Archeological considerations; Land uses; Water uses; Energy and utilities. Adverse environmental effects include discussion of the reduction, conversion, loss, or other adverse effect on the quality or quantity of applicable environmental considerations. Beneficial environmental effects address the renewal, conservation, preservation, enhancement, or other beneficial effect on the quality or quantity of the applicable environmental considerations. Depth of Analysis. The adverse environmental effects section and the beneficial environmental effects section will examine and discuss only those considerations of the environmental considerations checklist that the project or action significantly effects. Several factors may be considered in deciding how extensively a particular natural and socioeconomic environmental considered should be treated: The magnitude of the project (geographic extent and duration); The extent to which the particular environmental consideration will be effected; The extent to which alternatives may result in different effects upon the particular consideration; and The cost of the action (ecologic and socioeconomic), both short-term and long-term. Measures Taken to Minimize Adverse Environmental Effects and Maximize Beneficial Environmental Effects. Whenever appropriate remedial, protective, or mitigating considerations such as monitoring, alternate employment opportunities, alternate sources of lost revenues, maintenance, replacement operations, and follow-up activities which could or will be undertaken as a part of the proposed action will be included. Also, whenever appropriate, measures which could or will be undertaken to maximize potential beneficial environmental effects will be included. Any legal requirements for mitigation, the cost of the design and construction of each mitigation measure, alternative mitigation techniques, and the basis for the choice of one mitigation technique over other possible approaches, will be discussed. Unavoidable Adverse Environmental Effects. This section will include the following: A statement of the unavoidable detrimental aspects of the proposed action, which identifies the nature, extent, and the cost of the adverse effects; The objections to adverse effects raised by individuals or groups; Assessment of the cumulative and long-term effects of the proposed action with particular attention given to aspects of the project that would narrow the range or diversity of the beneficial use of the natural socioeconomic environment or pose long-term risks to health, safety, welfare, or the economic or social betterment of the locality or the State. Coordination with Other Interested Parties. A description of the coordination and liaison relationship established in developing the proposal and the environmental effects report will be included. This section may include participation of the business community, public and citizen groups, government agencies, and academic institutions. Capital Projects. The activities of the Department involve many areas including: Planning, design, and construction of rapid transit, highway, airport, port, rail, and bus facilities in the State; Programs of transportation assistance to local and regional bodies; and Regulation of transportation operations, mainly through licensing and registration requirements. An EAF will be prepared early in the decision-making process to assist in determining whether actions related to any of these areas significantly affect the environment. After completion of the EAF, the affected administration of the Department will determine whether an EER will be prepared. The actual writing of the report may not begin until the proposal has some defined scope and general characteristics, but environmental impacts analysis will be an integral part of developing the proposal. The timing and type of community and public agency involvement in this analysis will be determined on a case-by-case basis in conformance with the policies outlined in the Department's Action Plan, as adopted by COMAR 11.01.06. 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. A major aim of the Maryland Environmental Policy Act is to provide public notice of actions which have environmental effects before legislative action. To that end, the following procedures are established: 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: All members of the State General Assembly; Selected State agencies; All newspapers, private citizens, and citizen groups who request the listing and pay a subscription fee. 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. The following types of capital improvements are not subject to the reporting requirements of these procedures either because they do not significantly affect the environment or because they are not the subject of “proposed State action” that is, there is no specific request for legislative appropriation or other legislative action for the improvements: 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. Environmental Assessment Form (EAF) This form is to assist the reviewers in determining whether a proposed action could cause significant natural and socioeconomic environmental effects and thus require an environmental effects report. Department _______________________________ Division _________________________ Other ____________________________________________________________________ Project Title _______________________________________________________________ Predicted Dates: Commencement _______________________________________________ Completion _____________________________ Projected Cost _______________________ Background Information. Give a brief description of the proposed action/project(s). Describe the geographical area(s) which will be affected by the action/project(s); specifically locate the project by using the Maryland coordinate grid system; include distinguishing natural and man-made features and a brief description of the present use of the area(s). Include a suitable location map (sketch map or copy of U.S. Geological Survey Map, etc.). Assessment of Significant Environmental Effects. The following questions should be answered by placing a check in the appropriate column(s). If desirable, the “comments attached” column can be checked by itself or in combination with an answer of “yes” or “no” to provide additional information or to overcome an affirmative presumption. In answering the questions, the significant beneficial and adverse, short-term and long-term effects of the proposed action, on site and off site during construction and operation should be considered. All questions should be answered as if the agency is subject to the same requirements as a private person requesting a license or permit from the State or federal government. 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: Kind of action: _________________________ request for legislative appropriation, i.e., requests for capital budget items, requests for encumbrances upon special funds or trusts, and bond issues. Official responsible for issuance of this statement (name, address, telephone). Official responsible as a contact for questions in regard to the environmental effects report. Name, location, and brief description of the action. Summary of environmental effects for the following: List of alternatives considered. List all federal, State, and local agencies and other sources from which written comments have been requested. Date statement was sent to Clearinghouse. Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland Effective date: October 29, 1975 (2:24 Md. R. 1482) Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657) Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657) Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657) Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657) Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319) Effective date: March 24, 1978 (5:6 Md. R. 467) Regulation .01A amended effective June 15, 1979 (6:12 Md. R. 1051) Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5) The substance of the chapter was transferred to Title 21. See COMAR 21.12.04. The Maryland Minority Business Enterprise Program Manual, formerly known as The Maryland Minority Business Enterprise/Federal Disadvantaged Business Enterprise Program (Maryland Department of Transportation, November 1999), as amended February 2009 and July 2014, is incorporated by reference. State Finance and Procurement Article, §§14-301—14-308; Transportation Article, §2-103; Annotated Code of Maryland Effective date: Regulation .01 adopted as an emergency provision effective March 31, 1978 (5:8 Md. R. 587); adopted permanently effective August 11, 1978 (5:16 Md. R. 1259) Regulation .01A amended effective June 29, 1979 (6:13 Md. R. 1129) Regulation .01B adopted effective December 14, 1979 (6:25 Md. R. 1981) Regulation .01 amended effective December 12, 1980 (7:25 Md. R. 2337) Regulation .01 amended as an emergency provision effective May 14, 1981 (8:11 Md. R. 971); emergency status expired September 26, 1981 Regulation .01 amended effective January 18, 1982 (9:1 Md. R. 22) Regulation .01 amended as an emergency provision effective May 4, 1984 (11:11 Md. R. 960); adopted permanently effective August 13, 1984 (11:16 Md. R. 1392) Regulation .01 amended as an emergency provision effective June 1, 1985 (12:13 Md. R. 1275); emergency status extended at 12:17 Md. R. 1697; adopted permanently effective December 2, 1985 (12:24 Md. R. 2349) Regulation .01C adopted as an emergency provision effective November 27, 1985 (12:26 Md. R. 2541); adopted permanently effective March 10, 1986 (13:5 Md. R. 546) Regulation .01 repealed and new Regulation .01 adopted effective October 5, 1987 (14:20 Md. R. 2143) Regulation .01 amended effective October 16, 1989 (16:20 Md. R. 2181); July 6, 1992 (19:13 Md. R. 1203); May 9, 1994 (21:9 Md. R. 751); January 1, 1996 (22:26 Md. R. 2030); March 20, 2000 (27:5 Md. R. 585) Regulation .01 amended as an emergency provision effective March 13, 2009 (36:8 Md. R. 592); amended permanently effective September 7, 2009 (36:18 Md. R. 1382) Regulation .01 amended effective April 13, 2015 (42:7 Md. R. 570) Effective date: May 5, 1978 (5:9 Md. R. 684) (Chapter originally adopted as COMAR 11.01.08 and recodified as COMAR 11.01.11) Regulation .02B amended effective June 15, 1979 (6:12 Md. R. 1051); September 19, 1980 (7:19 Md. R. 1807) Regulations .02B, .03A-D, F-I, .04 amended effective October 19, 1979 (6:21 Md. R. 1709) Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5) The substance of this chapter was transferred to Title 21. See COMAR 21.11.01 Effective date: January 26, 1979 (6:2 Md. R. 75) (Chapter originally adopted as COMAR 11.01.13 and recodified as COMAR 11.01.12) Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5) The substance of this chapter was transferred to Title 21. See COMAR 21.11.02. These regulations set out the procedures for the filing of requests with the Department of Transportation 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 Department to facilitate public access to the records of the Department when access is allowed by law by minimizing costs and time delays to persons requesting information. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland. “Applicant” means a person or government unit that asks to inspect a public record. “Custodian” means an authorized person employed by the Department having physical custody and control of public records of the Department. “Department” means the Department of Transportation. “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 actual personal custody and control. “Public records” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland. “Secretary” means the Secretary of Transportation. “Sociological information” means: Social Security number; Personal address; Personal phone number; Personal email address; Date of birth; and Driver’s license number. “Working day” means every day except Saturdays, Sundays, and State holidays. Any person may request to inspect or copy any public record that is in the custody and control of the Department. Inspections. Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request. The custodian shall require a written request if the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request. The custodian of record shall not disclose sociological information to a requester, except the custodian may permit inspection: By an individual named in the record; By the attorney of record of an individual named in the record; By the insurance company of record of an individual named in the record; By public employees in performance of their public duties; When required by a duly issued subpoena; When the Secretary determines that disclosure is in the public’s best interest; or When otherwise required by law. 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: 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 21202-0717; Executive Director, Maryland Transportation Authority, 2310 Broening Highway, Suite 150, Baltimore, Maryland 21224-6639. 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. Unless prohibited by law, the 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 the record has been made. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant. 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. 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 why the record cannot be produced. 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. 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 the official custodian 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 official custodian in the same manner provided for service of process by the Maryland Rules of Procedure. The fee schedule for reproducing public records of the Department is as follows: Photocopies. The charge for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Department. 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. Printed Material. The charges for printed documents shall be actual cost of the item, if known. If actual cost is not known, the charge shall be 5 cents per page. Printouts. If the Department is required to provide a printout, the charge for the printout shall be determined on a case-by-case basis, taking into account computer and peripheral equipment usage, programming, and material costs. Certification of Copies. When a person requests that a copy of a record be certified as a true copy, an additional fee of 15 cents per page or, if appropriate, $1 per item, shall be charged. Search Fees. Except as provided in §A(5)(b) of this regulation, the official custodian may charge reasonable fees for the search and preparation of records for inspection and copying. The official custodian may not charge any search or preparation fees for the first 2 hours of official or employee time that is needed to respond to a request for information. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant. Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the official custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee. A charge need not be made if the total amount of the fee is $1 or less. 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. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department. 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. State Government Article, §§10-611—10-623, Annotated Code of Maryland Effective date: December 26, 1980 (7:26 Md. R. 2422) Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401) Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861) Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259) Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259) Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259) Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822) Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822) Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203) Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401) Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822) Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822) Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657) Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822) Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822) This chapter contains procedures for administrative hearings in contested cases. These procedures are required by the Maryland Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland. 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. “Contested case” means a proceeding so defined under the Maryland Administrative Procedure Act. “Decision maker” means the person or persons with authority to decide a contested case. “Department” means the Maryland Department of Transportation or any of its units. “Party” means one whose legal rights, duties, statutory entitlements, or privileges will be affected by the outcome of a contested case. “Presiding officer” means the individual or individuals authorized to conduct a contested case hearing. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. The hearing notice shall contain: The date, time, place, and nature of the hearing; A statement of the right to present witnesses and documents, or other evidence, and the right to cross-examine any witness that another party or the agency calls under State Government Article, §10-213(f), Annotated Code of Maryland, if applicable; If applicable, a statement of the right to request subpoenas for witnesses and evidence, and specifying the costs, if any, associated with the request; A statement that a copy of the hearing procedures is available on request, and specifying the costs, if any, associated with the request; A statement of any right or restrictions pertaining to representation; A statement that failure to appear for the scheduled hearing may result in an adverse action against that party; and A statement that, unless otherwise prohibited by law, the parties may agree to the evidence and may waive their right to appear at the hearing. 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: Motions and pleadings; Documentary evidence; Statements of each fact of which the presiding officer or decision maker has taken official notice; Transcripts; Staff memoranda, unless privileged; Findings of fact or conclusions of law proposed by a party or presiding officer; Exceptions to findings or conclusions proposed by a presiding officer; Intermediate proposals and final decisions; and Any other writing germane to the case and not otherwise privileged. 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. For good cause the presiding officer or decision maker may extend or waive time periods provided in these regulations. These regulations are meant to complement the Maryland Administrative Procedure Act. In the event of conflict the Act takes precedence over them. Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland Effective date: September 5, 1980 (7:18 Md. R. 1740) Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861) Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319) Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319) Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861) Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861) Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319) Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319) Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319) Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319) Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401) Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319) Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319) Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861) Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319) Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319) These regulations set out procedures within the Department of Transportation for persons in interest to request the correction or amendment of personal records under State Government Article, §10-625, Annotated Code of Maryland. “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.” A person in interest who has the right to inspect records pursuant to State Government Article, §§10-612—10-619, Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland. The person in interest shall request the correction or amendment in writing. Each request shall: 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. A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the appropriate official custodian as listed below: 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. A request for correction or amendment will be considered filed with the Department when received only to the extent that it reasonably complies with Regulation .04. If a request does not reasonably comply with Regulation .04, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon proper completion, it may be refiled with the Department. Within 30 days after the completed request for correction or amendment that complies with Regulations .04 and .05 of this chapter is received, the custodian of the record shall: Make the requested correction or amendment and inform the person in writing of the action; or Inform the person in writing of the: Department's refusal to make the requested correction or amendment; and Reason for the refusal; or Inform the person in writing that the request will not be acted on because: The person is not a “person in interest”; The records sought to be corrected or amended are not “personal records”; The person requesting the correction or amendment is not entitled to inspect the records under State Government Article, §§10-612—10-619, Annotated Code of Maryland; or Of any other reason that is authorized by law. If the Department's final determination under Regulation .07 is to refuse the requested correction or amendment, as authorized by Regulation .07B, the person in interest may file with the Department a concise statement, not to exceed five 8-1/2 x 11 inch pages, of the reasons for: The requested correction or amendment; and Disagreement with the Department's refusal to make the correction or amendment. When the Department discloses to a third party information from personal records about which a statement in compliance with Regulation .08 of this chapter has been filed, the Department shall furnish a copy of the statement to the third party. 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: An amendment or correction of a record; The right to file a statement; or The right to have a statement to a third party forwarded pursuant to Regulation .09 of this chapter. 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. State Government Article, §10-625, Annotated Code of Maryland Effective date: July 16, 1984 (11:14 Md. R. 1250) Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699) Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259) Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319) 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. “Administration” means the Maryland Aviation Administration. “Board” means the Maryland Board of Airport Zoning Appeals. “Contested case” means a proceeding so defined under State Government Article, §10-202(d), Annotated Code of Maryland. “Party” means: The applicant, appellant, or the Administration; An aggrieved person or any officer or agency of the political subdivision affected by the decision of the Administration and who has been granted the right to intervene by the Chairman of the Board. The Chairman shall appoint a Vice Chairman to fulfill the duties of the Chairman when the Chairman is unable to perform his duties due to absence or disability. 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. If an application for a variance or an appeal to the Board concerns property located in Anne Arundel County or Howard County, four members of the Board are a quorum including: One at-large member; Two members from Anne Arundel County; and One member from Howard County. If an application for a variance or an appeal to the Board concerns property in Baltimore County, three members of the Board are a quorum including: One at-large member; and Two members from Baltimore County. 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: A caption setting forth the: Parties, Name of the Board, Docket number; The basis for the appeal; and The relief sought. Request for Variance. A request for variance shall be filed in writing with the Board and shall contain the following information: A caption setting forth the: Parties, Name of the Board, Docket number; The basis for the request for variance; and The relief sought. 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: Sent by certified mail to all parties not more than 30 days, or less than 10 days, before the date of the hearing; and Advertised in the Maryland Register or a newspaper of general circulation in the county in which the applicant's property is located at least 10 days before the hearing. 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: Shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing; May set time limits on arguments; Shall be responsible for decorum in the hearing and may suspend the proceeding as necessary to maintain decorum; May request a representative of the Attorney General's Office to act as legal advisor to the Board regarding questions of evidence and law. 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. The rules of evidence in all hearings under these procedures shall be as set forth under the Administrative Procedure Act, State Government Article, §10-213, Annotated Code of Maryland. A party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions. When a party is represented by counsel, however, all submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel. The Chairman and any members of the Board may examine any witness called to testify at the hearing. The presiding officer may call as a witness any other person. 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. Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed to each party within 120 days of the hearing. Upon issuance of a final decision, an aggrieved party may seek judicial review. Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland Effective date: December 15, 1986 (13:25 Md. R. 2661) Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843) Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816) Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843) The purpose of this chapter is to: 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. “Budget Committees” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Department” means the Maryland Department of Transportation. “Industry forum” means a pre-solicitation information gathering event that may include public and private sector participants. “Industry review meeting” means a meeting during the solicitation process with shortlisted private entities. “Modal Administrations” means the State Highway Administration, the Maryland Transit Administration, the Maryland Aviation Administration, the Maryland Port Administration, and the Maryland Motor Vehicle Administration. “Multi-step solicitation process” means a public-private partnership solicitation process that includes some or all of the following steps: Issuance of a request for qualifications; Preproposal conference; issuance of a draft request for proposals; Industry review meetings; and Issuance of a final request for proposals. “Private entity” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Program” means the structure, process, methodology and terms and conditions applicable to the Department’s development, solicitation, evaluation, award, and delivery of transportation public infrastructure assets for which it is responsible in accordance with State Finance and Procurement Article, §10A -101, Annotated Code of Maryland. “Public infrastructure asset” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Public notice of solicitation” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Public-private partnership” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Public-private partnership candidate concept application” means the documentation that must be submitted to the Steering Committee to initiate and inform a high-level review of a public-private partnership concept generated from within the Department. “Reporting agency” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Responsibility determination” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Secretary” means the Secretary of the Maryland Department of Transportation. “Shortlisted private entity” means a private entity that has been both qualified based on its response to a request for qualifications and selected as one of the highest qualified private entities, allowing them to continue in the solicitation process. “Steering Committee” is the Transportation Public-Private Partnerships Steering Committee established to advise the Secretary on the structure and implementation of the Department’s Program and comprised of Department and other State employees identified by the Secretary. 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: Identification of potential public-private partnership opportunities for screening; Screening of public-private partnership opportunities, including both high-level and detailed-level; Prioritization of public-private partnership opportunities for solicitation; Developing presolicitation and solicitation plans and processes for public-private partnerships; Ongoing monitoring of public-private partnerships; and Communication and coordination with other State reporting agencies. 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. Potential public-private partnership concepts and opportunities may be identified through periodic transportation planning, communication, and evaluation processes that are carried out within the Department and its Modal Administrations and through other state, regional, local, and municipal processes, including but not limited to: Consolidated transportation program; Statewide transportation improvement program; Long-range transportation plans developed by metropolitan planning organizations; and County priority letters. Public-Private Partnership Candidate Concept Application. To initiate a high-level review, screening, and policy analysis of a proposed public-private partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Steering Committee chair by an internal sponsor, either: A Modal Administration planning office; or The Department’s planning staff. A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed. Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, and to the extent such information is available, including but not limited to: Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations; Preliminary qualitative evaluation of relevant benefits and cost; Preliminary description of financial concepts; Rationale for a public-private partnership delivery method relative to a conventional project delivery approach; and Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter. The format and required contents of the Public-Private Partnership Candidate Concept Application shall be: Developed by the Steering Committee; Approved by the Secretary; and Updated by the Steering Committee as needed. Unsolicited Proposals. In accordance with State Finance and Procurement Article, §10A-301, Annotated Code of Maryland, the Department shall be permitted to accept, reject, or evaluate unsolicited proposals for public-private partnerships that will assist the Department in implementing its functions in a manner consistent with State policy. Assets defined as transportation facilities projects under Transportation Article, §4-101(h), Annotated Code of Maryland: Are not the direct responsibility of the Department; Are the direct responsibility of the Maryland Transportation Authority; and Should not be included in unsolicited proposals submitted to the Department. An unsolicited proposal may be submitted at any time. An unsolicited proposal shall: Be sealed and delivered to the Secretary’s Office to the attention of the Steering Committee chair bearing the private entity’s name, address, and the words “Public-Private Partnership Unsolicited Proposal” clearly on the outside; and Consist of 15 hardcopies and 1 electronic copy. Unsolicited Informational Meetings. Private entities may request meetings with the Department to discuss potential unsolicited proposals prior to submission. Requests for unsolicited informational meetings shall be submitted to the Steering Committee chair. The Department may not be required to grant meetings in response to a request. During unsolicited informational meetings, the Department may provide informal feedback and comments to the private entity. The primary purpose of unsolicited informational meetings shall be to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State’s transportation needs. A formal review and screening of an unsolicited proposal shall be undertaken only after a private entity completes the formal submission process. An unsolicited proposal shall be conceptual, containing only the information required for the Steering Committee to conduct a high-level review and screening of the proposed public-private partnership concept. An unsolicited proposal shall include, at a minimum, the following: An executive summary of the major elements of the unsolicited proposal, including: The title of the proposed concept; A brief description and justification of the proposed concept; The name and address of the public-private partnership private entity; and A signature of an individual authorized to act on behalf of and bind the private entity, along with the individual’s telephone number and email address. Summary of the experience, expertise, technical and financial competence, and professional qualifications of the private entity. A summary narrative that describes: The key components of the proposed public-private partnership concept; Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations; Preliminary qualitative evaluation of relevant benefits and costs; Preliminary description of financial concepts; The relevance of the public-private concept to other transportation facilities or other public infrastructure assets; and A statement of the public-private partnership concept’s consistency with existing governmental transportation planning or project documents and governing law. A high-level description of financial feasibility that includes: Amounts and sources of any public funding that may be required; How estimated funding from all relevant sources would be sufficient to support all asset delivery activities, including design, property and equipment acquisition, construction, long term capital replacement activities, financing, operations, and maintenance; and How estimated funding from all relevant sources would be sufficient to provide for contingencies to meet the terms and conditions under which the public infrastructure asset shall be handed back to the Department at the expiration or termination of the public-private partnership agreement. Rationale for a public-private partnership delivery method relative to a conventional project delivery approach. Clear indication of any proprietary information that should be protected in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland. Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter. Unsolicited Proposal Fee. Each unsolicited proposal that addresses a project already in the Consolidated Transportation Program, shall be accompanied by a check in the amount of $10,000 made payable to the Maryland Department of Transportation. Each unsolicited proposal that does not address a project already in the Consolidated Transportation Program shall be accompanied by a check in the amount of $25,000 made payable to the Maryland Department of Transportation. The Department reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals shall be considered separate proposals that require separate proposal fees. Unsolicited proposal fees are non-refundable. 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. High-Level Screening Phase. Factors to be considered during the high-level screening may include, but are not limited to: Ability to meet State transportation, socioeconomic development, workforce, and environmental goals; Technical implementation considerations; Potential need for coordination with other State agencies, including but not limited to the Maryland Transportation Authority; Opportunities to accelerate asset delivery implementation; Ability to allocate and share risks in a cost effective manner that shall be consistent with State law and in the best interests of the State; Opportunities to reduce reliance on public funds or finance, or both; Public affordability considerations; Potential for increased revenue generation and revenue sharing with the Department; and Potential impact on the workforce, including existing State employees, if any. For internally generated public-private partnership concepts, the high level screening shall be conducted based on the Public-Private Partnership Candidate Concept Application and supporting information provided by the internal sponsor. For unsolicited public-private partnership concepts, the high-level screening shall be conducted based on information provided by the private entity in an unsolicited proposal and any supplementary information available within the Department. Based on the findings of the high level screening, the Steering Committee may recommend to the Secretary that specific public-private partnership concepts be advanced or not be advanced to the detailed-level screening. The Secretary’s written approval shall be required to advance or not advance a public-private partnership concept to the detailed-level screening phase. Within 45 days after receipt of a Public-Private Partnership Candidate Concept Application or an unsolicited proposal, the Steering Committee shall: Notify the internal sponsor or private entity that the concept has been advanced or not advanced to detailed-level screening; or Request additional information from the internal sponsor or private entity. Detailed-Level Screening Phase. The detailed-level screening phase shall be more comprehensive than the high-level screening phase. In addition to the findings of the high-level screening phase, analyses and documentation during the detailed-level screening phase may include some or all of the following categories: Scope, design concepts, and phasing schedules; Compliance with federal and State environmental and transportation planning requirements; Technical and financial feasibility analyses; Evaluation of operations and maintenance requirements; Asset lifecycle costs and revenue estimates; Risk assessment of key asset delivery elements; In the event that a public-private partnership delivery method may have a potential impact on the workforce or existing State employees, a preliminary assessment of the potential impact and potential options for mitigating that impact, including the protections allotted to State employees that are in effect at the time that the P3 agreement is approved by the Board of Public Works; and Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method. The types of analyses and resources committed to a detailed-level screening phase will be determined by the Steering Committee and the Secretary, on a case-by-case basis. Based on the findings of the detailed-level screening, the Steering Committee shall make recommendations to the Secretary as to which public-private partnership concepts should be advanced and which should not be advanced to submission of a pre-solicitation report. The Secretary’s written approval shall be required to advance or not advance a public-private partnership concept to submission of a pre-solicitation report. Within 45 days after advancement of a public-private partnership concept to the detailed-level screening analysis phase, the Steering Committee shall: Notify the internal sponsor or private entity that the concept is or is not under development for possible submission of a pre-solicitation report; or Request additional information from the internal sponsor or private entity. Pre-solicitation Report Development. The development of a pre-solicitation report for submission involves a broad range of activities that may run concurrent to the high-level and detailed-level screening phases. In consultation with the Steering Committee, the Secretary shall determine: The tasks required for the development of a pre-solicitation report; and The responsible parties within the Department. The development of a pre-solicitation report containing all elements required in State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland may entail a variety of tasks, including but not limited to: Analyses and documentation, including some or all of the following categories: Scope, design concepts, and phasing schedules; Compliance with federal and State environmental and transportation planning requirements; Technical and financial feasibility analyses; Evaluation of operations and maintenance requirements; Asset lifecycle costs and revenue estimates; Risk assessment of key asset delivery elements; In the event that a public-private partnership delivery method may have a potential impact on existing State employees, analysis of potential impact and potential options for mitigating the impact; and Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method; Issuing public requests for information to obtain additional information that may help the Department confirm or refine key assumptions; and Organizing public industry forums to obtain additional information that may help the Department confirm or refine key assumptions. In the event that the proposed public-private partnership delivery method may have a potential impact on existing State employees, the Department shall arrange for meetings between the Secretary and appropriate bargaining unit representatives, if any, for a preliminary discussion of potential impact and potential options for mitigating that impact. The Department may not issue a public notice of solicitation for a public-private partnership until: A pre-solicitation report concerning the proposed public-private partnership is submitted to the Comptroller, the State Treasurer, the budget committees, and the Department of Legislative Services in accordance with State Finance and Procurement Article, §10A-201(a), Annotated Code of Maryland that contains the information required by State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland; and The Department has sought and received: The official designation of the Board of Public Works of the public infrastructure asset as a public-private partnership; and The approval of the Board of Public Works of the method of solicitation. General. The solicitation process for public-private partnerships shall be competitive, regardless of whether the public-private partnership concept originated internally within the Department or from an unsolicited proposal. For each private entity that responds to a public notice of solicitation, the Department shall make a responsibility determination in accordance with State Finance and Procurement Article, §10A-202(c), Annotated Code of Maryland. Solicitations Relating to Concepts Described in Unsolicited Proposals. The competitive solicitation process shall protect any proprietary information that is identified as such and included in the unsolicited proposal in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland. An individual or firm that has submitted an unsolicited proposal may participate in any subsequent competitive solicitation process, in accordance with State Finance and Procurement Article, §10A-301(e), Annotated Code of Maryland. The private entity shall be responsive to all components of the subsequent competitive solicitation process even if certain information requested by the subsequent competitive solicitation process has already been submitted as part of the unsolicited proposal. The Department reserves the right to issue a public notice of solicitation relating to a concept described in an unsolicited proposal after the rejection or termination of the evaluation of the unsolicited proposal or any competing proposals. Multi-Step Solicitation Process. The Department may use a multi-step solicitation process that includes, but is not limited to, some or all of the following steps: Issuance of a request for qualifications; Preproposal conference; Issuance of a draft request for proposals; Industry review meetings; and Issuance of a final request for proposals. The determination to utilize some or all of the solicitation steps shall be case-by-case. The Department may include additional solicitation steps on a case-by-case basis as set forth in the public notice of solicitation. Request for Qualifications. The purpose of a request for qualifications is to: Identify private entities that qualify as participants in the solicitation process; and Identify a shortlist of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities. Based on the responses to the request for qualifications, the Department may: Identify one or more private entities as qualified; and Develop a shortlist of one or more of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities. Only candidates that have been selected to continue in the solicitation process as shortlisted private entities are eligible to: Participate in industry review meetings; Receive drafts of the request for proposals; Submit comments on drafts of the request for proposals; Receive the final request for proposals; and Submit a written proposal in response to the final request for proposals. Preproposal Conference. The purpose of a preproposal conference is to facilitate better understanding of solicitation requirements and processes. A preproposal conference may be scheduled by the Department after the initial public notice of solicitation for a public-private partnership. Preproposal conferences are open to all interested private entities. Draft Request for Proposals. As part of a multi-step solicitation process, the Department may issue one or more draft requests for proposals to shortlisted private entities. Draft requests for proposals may include, but are not limited to: Instructions to private entities for responding to the request for proposals; Technical provisions; Scope of work; and Public-private partnership agreement key terms and components. Only shortlisted private entities may submit written or verbal comments and questions concerning the draft request for proposals to the Department to the extent permitted by the solicitation process. The Department may use comments and questions from shortlisted private entities for subsequent revisions to the draft request for proposals. Industry Review Meetings. The Department may conduct industry review meetings as part of a multi-step solicitation process. The purpose of industry review meetings is to: Obtain comments and make revisions to the draft request for proposals; Obtain the best value for the State; Facilitate the full understanding regarding the requirements of the State for the public-private partnership concept; Facilitate the full understanding of the contents of the proposals required to be submitted by shortlisted private entities; and Finalize the requirements for the request for proposals. Agreement negotiations may not be conducted during industry review meetings. Industry review meetings are restricted to candidates that have been selected to continue in the solicitation process as shortlisted private entities. Industry review meetings may be: Joint workshops with all shortlisted private entities invited to participate; or One-on-one meetings between the Department and individual shortlisted private entities. The Department may use comments and questions obtained from shortlisted private entities through industry review meetings for subsequent revisions to the draft request for proposals. Final Request for Proposals. In a solicitation process involving a request for qualifications phase, a final request for proposals shall be issued to shortlisted private entities selected to continue in the solicitation process. The contents of the final request for proposals may be based on information gathered during earlier solicitation phases, including but not limited to: Preproposal conference; Request for qualifications; and Industry review meetings. The Department may issue a final request for proposals without previously: Issuing a request for qualifications; Issuing a draft request for proposals; or Conducting industry review meetings. Information Availability During Solicitation. The Department may make relevant technical and financial information available to private entities through an electronic data room. The Department may respond to relevant additional information requests by private entities in support of due diligence reviews, including requests for site inspections. Information or site access provided to individual private entities pursuant to an additional information request must also be made available to all other interested private entities if a shortlist of qualified private entities has not yet been established. Information or site access provided to individual private entities pursuant to an additional information request must also be made available to all other shortlisted private entities if a shortlist of qualified private entities has been established. Private entities may be required to sign confidentiality agreements prior to release of information deemed confidential. Reimbursement. The Department may reimburse a private entity in accordance with State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland. If the Department elects to reimburse a private entity, the specific terms, conditions, method, and timing for reimbursing a private entity shall be described in the public notice of solicitation associated with the specific public-private partnership. The reimbursement terms and conditions may include the requirement for the private entity to execute a stipend agreement and to transfer rights to use the work product produced by the private entity during the solicitation process to the Department as a condition to receiving reimbursement. The Department shall only consider reimbursement for shortlisted private entities. Maximum Reimbursement Amount. The Department shall not provide a reimbursement in excess of $3,000,000 to an individual private entity for costs incurred in response to the solicitation of a public-private partnership. The Department may establish a reimbursement less than the maximum prescribed herein on a case-by-case basis. Except as set forth in the solicitation documents, should the solicitation process or negotiations be suspended, discontinued, or terminated, the private entity shall have no rights of recourse, including reimbursement of the private entity’s unsolicited proposal review fees or costs associated, directly or indirectly, with the solicited or unsolicited proposal developments. 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: Reject any and all submittals, responses, qualifications, and proposals, whether solicited or unsolicited, at any time or for any reason; Issue addenda, supplements, and modifications to a public notice of solicitation; Cancel a solicitation in whole or in part at any time prior to the execution of a public-private partnership agreement, subject to any agreed upon compensation to proposers set forth in the solicitation documents or pursuant to State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland; Issue a new public notice of solicitation after withdrawal of a public notice of solicitation; Establish protocols for private entities to remedy minor deficiencies in responses to requests for qualifications or proposals within a specified period of time; Disqualify any private entity at any point during a solicitation process for violating any rules or requirements of the solicitation set forth in the public notice of solicitation, in any communication from the Department, or as otherwise set forth by applicable law; Determine whether to pursue federal credit assistance on behalf of the private entities; Publically disclose information received during the solicitation process as governed by law and by the public notice of solicitation, pursuant to State Finance and Procurement Article, §10A-203(b), Annotated Code of Maryland;. Exercise any other rights reserved or afforded to the Department under applicable law and the public notice of solicitation; or Disqualify any private entity for any conflict of interest or other conduct manifesting a lack of responsibility. 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. Submitted information shall be evaluated against the requirements of the solicitation and the evaluation criteria that the Department specifies in the solicitation for the particular public-private partnership opportunity. The objective of this evaluation process is to select the private entity that provides the best value solution for the State. The Department’s evaluation criteria shall be clearly set forth in each request for solicitation. A failure to provide all requested information may result in the Department eliminating a response or proposal from further consideration. 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: Be comprised of: Secretary’s Office employees; Modal Administration employees; and Other State employees; Review statements of qualifications; Review proposals; and Seek advice from the Department, other State agencies and State employees, and outside experts and consultants during the evaluation process. Best and Final Offers. After the evaluation of all responsive proposals, the Secretary may request best and final offers from private entities determined by the evaluation committees to be eligible to submit best and final offers. The Secretary may request multiple iterations of best and final offers. A best and final offer process is not required. 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: Be comprised of: Secretary’s Office employees; Modal Administration employees; and Other State employees; Review the apparent best value private entity’s response to the request for proposals; Review the apparent best value private entity’s best and final offer, if any; and Receive assistance from outside experts and consultants during the evaluation process. The Department, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if: Negotiations with the apparent best value private entity are unsuccessful; or The apparent best value private entity does not provide sufficient information or timely feedback to finalize the agreement in accordance with the Department’s schedule for the public-private partnership solicitation. 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: Finalize and prepare the public-private partnership agreement for execution, in coordination with the best value private entity; Commence the final agreement review process in accordance with State Finance and Procurement Article, §10A-203, Annotated Code of Maryland; and Arrange for meetings between the Secretary and appropriate bargaining unit representatives to provide notice and discuss plans for impacted State employees, in the event that the proposed public-private partnership delivery method has an impact on existing State employees. Final Agreement Review. The Secretary shall comply with the final agreement review process established in State Finance and Procurement Article, §10A-203, Annotated Code of Maryland. A final agreement report shall accompany a final agreement submitted under State Finance and Procurement Article, §10A-203, Annotated Code of Maryland, containing the following items, if relevant: The financial plan, including annual cash flows, for any public-private partnership including: State contributions; Federal loans or credit assistance; Private investment; Local contributions; and Other funding contributions; The ongoing financial costs and increases associated with any operating and maintenance contracts; The impact any public private partnership agreement may have on the State’s debt affordability measures; The authority a private entity may have to recover its investment through tolls or other fees, including how future increases in tolls or other fees may increase; An analysis of why the proposed agreement is more advantageous than a conventional project delivery; A description, including the estimated value, of any land, buildings, or other structures or assets that are transferred or exchanged with a private entity as part of the public private partnership; A summary of the performance measures included in the ongoing operation of the public private partnership; A summary of the penalties associated with non-performance relating to the ongoing maintenance and operation; and A plan for how the long-term operating and maintenance contract will be overseen by the agency. Procedures for Public-Private Partnership Agreements. In the development of a public-private partnership agreement, the Secretary shall comply with the provisions established in State Finance and Procurement Article, §10A-401, Annotated Code of Maryland. State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013 Effective date: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776) The purpose of this chapter is to implement the requirements of Chapter 118, Acts of 2022, by establishing an application process for employers that provide commuter benefits to receive the tax credit described in Environment Article, §2-901, Annotated Code of Maryland, and in compliance with transportation congestion relief and air quality mitigation goals. In this chapter, “business entity” has the meaning stated in Environment Article, §2–901, Annotated Code of Maryland. 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. Any business entity may request a commuter tax credit on a tax return for the tax year in which a commuter benefit was paid. 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. Environment Article, §2-901; Transportation Article, §2-103; Annotated Code of Maryland Effective date: March 20, 2023 (50:5 Md. R. 181)