These regulations apply to all persons engaging in free speech activities, as defined in this chapter, on MTA premises. These regulations are necessary to preserve the facilities of MTA for their dedicated purpose, to provide for the safe and efficient operation of the MTA system, and to provide guidance on the use of available MTA facilities for non-MTA purposes. In the event of any conflict between the provisions of this chapter and applicable federal laws and regulations, the provisions of the federal laws and regulations shall control to the extent of that conflict. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland. “Administrator” means the Maryland Transit Administrator, whose office is established pursuant to Transportation Article, §7-202, Annotated Code of Maryland, or the Administrator's designee. “Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the MTA. “Bus” means a motor vehicle that is designed and used to carry people, is operated by the MTA on a fixed route and predetermined schedule, or is operated under contract to MTA by an authorized private carrier. “Commercial speech” means expression related solely to the economic interests of the speaker and its audience. Commercial speech does not include transactions related to any free speech activity as defined herein. “Department” means the Maryland Department of Transportation established pursuant to Transportation Article, §2-101, Annotated Code of Maryland. “Emergency” means those conditions or situations resulting from fire, flood, riot, unusual congested conditions, weather, labor strikes or walkouts, outages of power or public services, catastrophe, emergency security measures, or other causes determined by the Governor, the Secretary of the Maryland Department of Transportation, the Administrator, the MTA Chief of Police, or the MTA Manager of Safety and Risk Management to endanger the health, safety, or welfare of persons using MTA services or MTA employees on or upon MTA facilities and equipment, or the MTA facilities and equipment themselves. “Free area” means those portions of MTA facilities open to the general public during such time the facility is open to the general public, but does not include the portion of any area of a MTA facility beyond or inside the turnstile or fare gates and any area within 15 feet of an escalator, elevator, tracks, emergency exit, stairway, fare gate, kiosk, ticket vending machine, money changer, information center, main terminal entrance, locations where transit patrons are in line, or bus stop or shelter. “Free speech activity” means any manner of organized exercise of rights and privileges that deal with political, religious, or social matters and are noncommercial. “Group of individuals” means three or more individuals. “Light Rail” means the light rail line owned and operated by MTA in Baltimore County, Baltimore City, and Anne Arundel County. “MARC” means commuter rail service operated under contract to the Maryland Transit Administration. “Metro” means the heavy rail subway line operated by MTA in Baltimore County and Baltimore City. “MTA” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland. “MTA facility” or “MTA facilities” mean all property owned, leased, operated, or controlled, whether by ownership or easement, by the MTA in connection with its operation of transit service, and includes any one or more or combination of tracks, rights-of-way, bridges, tunnels, subways, rolling stock, stations, terminals, parking areas, equipment, fixtures, buildings, structures, other real or personal property, and services incidental to or used or designed for use in connection with the rendering of transit service by any means, including rail, bus, motor vehicle, or other mode of transportation. “MTA service” means transportation by means of transit vehicles or through transit facilities of persons and their packages in service operated by MTA, or by an entity under contract to MTA. “Persons” means any individual, organization, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee, or other representative of them. “Solicit or solicitation” means requesting transit patrons give alms, funds, donations, contributions, signatures, personal information, or other information for a non-MTA purpose. “Transit patron” means a person in and upon any MTA facility or equipment for the purpose of using available public transportation service. “Transit vehicle” means a mobile device used in rendering transit service. A person desiring to have a group of individuals engage in free speech activity on, in, or within an MTA facility shall notify the MTA Office of Customer Information of the intent to do so at least 5 weekdays in advance of the event to permit MTA ample time to ensure availability of free space, and allocate sufficient resources to maintain efficient operations. Notification of the intent to conduct a free speech activity in, on or within an MTA facility shall be submitted to the MTA Office of Customer Information on a form prescribed by the Administrator. The form shall be available at www.mta.maryland.gov or obtained from the MTA Office of Customer Information. The form shall be submitted online or sent to the MTA Office of Customer Information at 6 St. Paul Street, Baltimore, Maryland 21202. Each notification shall include: The full name, mailing address, and telephone number of the persons: Sponsoring, promoting, or conducting the proposed activities; and Supervising and responsible for the proposed activity; If the persons engaging in free speech activities are doing so on behalf of an organization, the name of that organization; If the group is an organization which is required to have a resident agent in Maryland, the name of resident agent in Maryland; A description of the proposed activities indicating the method of communication to be involved; The locations, dates, and times of the intended activity; The number of persons anticipated to be engaged in the activities at each MTA facility sought to be used; and The specific MTA service or facility sought to be used for the planned free speech activity. Within 3 weekdays from receipt of a notification of intent to conduct a free speech activity, the MTA Office of Customer Information shall contact the person making the notification and inform the person whether there are any conflicts with other events or users for the free area. Limitations. Free speech activity may only be exercised in free areas in the MTA facility identified in the notification. Free speech activity may only occur during times the MTA facility is open to the general public. In conducting a free speech activity at, on, or in an MTA facility, a person may not: Erect a table, chair, booth, or other structure; Distribute food, drink, or tobacco products; Post any commercial signs, advertisements, circulars, or printed material; Carry any signs or placards that are more than 18'' by 18'' or are affixed to a pole; Affix any material to any part of the MTA facility including its fixtures and temporary structures; or Permit leaflets or other printed material to be left unattended. Persons engaged in free speech activity may not intentionally touch or make physical contact with another person unless that other person has consented to physical contact. A person may not solicit transit patrons on any vehicle owned and operated by the MTA or under contract to the MTA. This prohibition includes, but is not limited to, the solicitation of alms, funds, donations, contributions, signatures, personal information, or other information for non-MTA purposes. The Governor, Secretary of the Maryland Department of Transportation, Administrator, MTA Chief of Police, or the MTA Manager of Safety and Risk Management may declare an emergency. In the event of an emergency: An announcement shall be made; All free speech activities shall cease for the duration of the emergency; and Non-MTA use of MTA facilities shall not resume until authorized by the Administrator. MTA assumes no liability for any losses resulting from a suspension of free speech activity due to an emergency. The following guidelines apply to the sale or distribution of printed matter to the general public from vending or distribution machines located upon a MTA facility: A person may not engage in a sale without the prior approval of, and being subject to the terms and conditions prescribed by, the Administrator. A person desiring to place and operate a vending machine for the sale or distribution of printed material to the general public upon MTA stations and premises shall first obtain a written permit from the Administrator or his designee. Permit applications shall be approved on a first-come, first-served basis. The number of permits at any station entrance shall be governed by the area deemed available by the Administrator or the Administrator's designee to accommodate the vending machines, yet preserve the safe, free, and orderly flow of transit and rail patrons' ingress and egress at the MTA station entrances and exits. Vending machines shall be located where designated by the Administrator or the Administrator's designee. Chaining or anchoring of any vending machines to MTA station facilities is not permitted. Vending machines may display signs pertaining only to the publication and may not carry any other advertising messages. To assure maximum use of the available station entrance areas for commercial speech vending machine permits, vending machines shall be not larger than absolutely necessary to accommodate the printed matter to be sold or distributed. Permits shall require that all wrappings, bindings, and similar materials peculiar to the vending operation be collected and removed by the person carrying out the vending activity. Permits shall require that vending machines be kept and maintained in a neat and clean condition by the permittee. Permits may be revoked for noncompliance with or any violation of this regulation. MTA assumes no liability or responsibility of any nature for damage, destruction, loss, or theft of the vending machines, including the contents of them. Permits, to be valid, shall be: Signed by the permittee and the MTA; and On a month-to-month basis, subject to cancellation or revocation, upon cause and written notice. Transportation Article, §7-204(c), Annotated Code of Maryland Effective date: January 27, 1986 (13:2 Md. R. 137) Chapter revised effective November 6, 1995 (22:22 Md. R. 1667) Regulation .01A amended effective April 7, 2008 (35:7 Md. R. 749) Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 749) Regulations .01—.12 repealed and new Regulations .01—.06 adopted effective September 20, 2010 (37:19 Md. R. 1284) These regulations govern the parking and operation of motor vehicles on Maryland Transit Administration (MTA) property, the towing and impoundment of motor vehicles improperly parked or abandoned on MTA property, the removal and storage of unauthorized articles and pieces of equipment improperly placed or abandoned on MTA property, and the sale and final disposition by the MTA of motor vehicles, unauthorized articles, and pieces of equipment so impounded or removed. These regulations are intended to enable the MTA to regulate and control the flow and parking of motor vehicles by transit patrons upon MTA property, including bus and rapid transit sites. Improperly parked and abandoned motor vehicles, unauthorized articles, and pieces of equipment upon MTA property constitute a public nuisance contrary to the general health, safety, and welfare of the public, deny transit patrons the right to fully use the public transit service offered and made available by the MTA and, likewise, deny MTA employees the ability to preserve and maintain the orderly control and use of MTA facilities and prevent congestion and traffic hazards. These regulations apply to all motor vehicles, unauthorized articles, and pieces of equipment on MTA property. In this chapter, the following terms have the meanings indicated. Terms Defined. “Abandoned” means a motor vehicle, trailer, semitrailer, unauthorized article, or piece of equipment that: Is inoperable and left unattended on MTA property for more than 48 hours; (b) Has remained illegally on MTA property for more than 48 hours; or Has remained illegally on MTA property for more than 48 hours; or Has remained on MTA property for more than 48 hours, and is: Not displaying currently valid registration plates, or Displaying registration plates of another vehicle. “Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to the Transportation Article, §7-201, Annotated Code of Maryland. “Administrator” means the Maryland Transit Administrator, whose office is established pursuant to the Transportation Article, §7-202, Annotated Code of Maryland. “Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the MTA. “Bus” means a motor vehicle that is designed to carry more than 10 passengers and is used to carry people, is operated by the MTA on a fixed route and predetermined schedule or under charter service, or is operated by an authorized private carrier. “Department” means the Maryland Department of Transportation. “Disabled parking areas” means those designated parking areas on MTA property upon which MTA transit patrons may park motor vehicles bearing either a valid handicapped license plate or other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law. “Kiss-and-ride parking lot” means a designated parking area on MTA property upon which MTA transit patrons may be discharged from or picked up as passengers in a motor vehicle during the posted hours of MTA transit operations. “Law enforcement officer” means any person vested with a police power of arrest under federal, State, county or city authority, and identifiable by uniform, badge, or other evidence of authority. “Motor vehicle” means any device in, on, or by which a person or property is or might be transported on or towed upon land and includes vehicles towed by another motor vehicle. “Motor Vehicle Administration” means the Motor Vehicle Administration of the Department of Transportation, established pursuant to the Transportation Article, §12-101, Annotated Code of Maryland. “MTA” means the Maryland Transit Administration. “MTA property” means all property owned, leased, or operated by or under the control of the Maryland Transit Administration. “Operator” means a person who is in actual physical control of a motor vehicle. “Owner” means a person who holds the legal title to a motor vehicle, including a secured party indicated on the motor vehicle title. “Park and ride lot” means a designated parking area on MTA property upon which MTA transit patrons may park their motor vehicles unattended in designated areas, stalls, or bays during hours of MTA operations. “Parking” means the standing or parking of a motor vehicle, attended or unattended, upon MTA property. “Parking lot” means any designated parking area on MTA property, such as employee and public areas. “Person” means any individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee or other representative of them. “Road” means any roadway on MTA property. “State” means the State of Maryland. “Transit patron” means a person upon MTA property for the purpose of using the MTA's public transportation services available at that site. The control of all motor vehicular traffic on MTA property shall be governed by this chapter. Unless otherwise authorized, a person may not operate, park, or bring a motor vehicle on MTA property unless that person is a transit patron, intends to pick up or discharge a transit patron, or is on MTA property for purposes directly related to the business of the Administration. A person may not abandon a motor vehicle, unauthorized article, or piece of equipment on MTA property. A person may not operate a motor vehicle on MTA property in a careless, reckless, or negligent manner, but shall have regard for the width, grade, curves, corners, traffic, and use of roadways, weather conditions, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Parking of motor vehicles is prohibited on all MTA property and roads, except in specifically posted and designated areas and during the hours of MTA transit operations. A person may not park or place a motor vehicle or other article or piece of equipment on MTA property so as to interfere with or prevent the passage or movement of buses or emergency or other motor vehicles. A person operating a motor vehicle on MTA property shall immediately yield the right-of-way to a police, ambulance, fire department, or other emergency vehicle giving an audible or visible signal. A person may not drive a motor vehicle on MTA property without a valid driver's license issued by the State or by the jurisdiction where this person resides, if other than Maryland. The responsibility for finding a legal parking space rests with the motor vehicle operator. Lack of space is no excuse for violation of this chapter. A person may not operate a motor vehicle, other than a police or emergency vehicle, upon MTA property at a speed exceeding 15 miles per hour. A person may not park a motor vehicle upon MTA property within 15 feet of a fire hydrant or other fire control apparatus. Unless otherwise authorized, a person may not load or unload a motor vehicle upon MTA property in violation of any posted fire or other traffic sign or regulation or in such a manner as to obstruct the movement of vehicular or pedestrian traffic. A motor vehicle shall be parked in one space only within a designated posted parking area and within the marked space or stall. Each motor vehicle operator shall leave clear access to adjacent spaces and may not block driving lanes or roads or create a hazard to other motor vehicle operators. A person may not park any motor vehicle in any marked pedestrian crosswalk. A person may not drive a motor vehicle onto an area of MTA property which has been closed by the use of barricades or other traffic control devices. A person may not wash, clean, polish, repair, maintain, or overhaul a motor vehicle on MTA property, except for repairs necessary to remove the motor vehicle from the MTA property. A motor vehicle or other article or piece of equipment that is parked or placed on MTA property in such a manner as to be presumed abandoned, or that creates a nuisance or hazard, or that interferes with MTA operations or emergencies, may be towed or removed to a location chosen by the MTA or MTA's designee. Parking in MTA designated disabled parking areas is restricted to MTA patrons whose motor vehicles bear either a valid handicapped license plate or other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law. Parking in areas adjacent to yellow painted curbs or in any other areas with posted restrictions is prohibited. A person may not abandon a vehicle or article on MTA property. A person operating a taxicab on MTA property may not block or interfere with the free passage of pedestrians or vehicular traffic on or about MTA property. A person may not operate a taxicab on MTA property unless the person prominently displays within the taxicab a taxicab driver-identification permit containing a recent discernible photograph of the driver and the telephone number of the taxicab franchise operator, the assigned telephone number, and the driver's identification number. Taxicabs shall stand or wait only in posted taxicab areas on MTA property. Except for persons having business directly related to the Administration, or unless otherwise authorized, a person may not park or otherwise place any of the following type vehicles upon MTA parking lots: A trailer or towed vehicle; A truck having a manufacturer's rated carrying capacity greater than 1 ton; A vehicle with a gross weight greater than 8,000 pounds; A vehicle having an overall length more than 20 feet including any load on it; A vehicle wider than 8 feet; A bus. Unless otherwise authorized, a person may not cause or permit MTA property to be used for any of the following purposes: The storage of refuse containers associated with the use of an adjacent property; Vehicular access to adjacent property; The staging of vehicles, equipment, or materials for construction, maintenance, or repair work on adjacent property; The storage of equipment or materials of any kind; The performance of any service, maintenance, or repair on any motor vehicle parked on the MTA property except for emergency service and repairs necessary for the removal of an inoperable motor vehicle. Parking or storing any motor vehicle in the custody of the management of a garage, repair shop, service facility, or new or used car dealer; Loading or unloading commercial vehicles; Causing, allowing, or conducting student driver training classes or instructions; A motor vehicle operator or pedestrian who is involved in an accident on MTA property resulting in injury to any person or damage to any property, shall, if physically able, do the following: Stop the motor vehicle at the scene of the accident or as close as possible to it without obstructing traffic more than necessary; Notify an MTA law enforcement officer; Return to and remain at the scene of the accident until after giving a full report of same to that law enforcement officer, if requested; Upon request, and if physically able, exhibit to that law enforcement officer any permit, license, registration, or other document relevant to this accident or the persons or property involved. A motor vehicle operator or pedestrian who is involved in an accident on MTA property as defined in §A of this regulation, and the owner of the motor vehicle if other than the operator, shall, if physically able, make a full written report of this accident to the MTA law enforcement officer within 24 hours after the accident, and shall include, if known, the names and addresses of the persons involved, the description of the property and vehicles involved, the registration and license number of the vehicles involved, and any other information relevant to the accident. The MTA police department or its designee may take into custody any abandoned motor vehicle, unauthorized article, or any vehicle or piece of equipment parked or placed in violation of this chapter, abandoned or otherwise parked or placed so as to constitute a hazard to public safety, or so parked, stopped, or standing so as to impede or obstruct the normal movement of vehicular or pedestrian traffic on MTA property. For this purpose, the MTA police may use its own personnel, equipment, and facilities, or use those of its designee, for removing, preserving, and storing abandoned vehicles. There may not be any liability attached to the Administration for any losses or damages resulting from these actions. As soon as reasonably possible and within 7 days at most after the MTA police department takes an abandoned vehicle into custody, the MTA police shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to: The last known registered owner of the vehicle; and Each secured party, as shown on the records of the Maryland Motor Vehicle Administration. The notice shall: State that the abandoned vehicle has been taken into custody and give the name, address, and telephone number of the MTA representative providing the notice; Describe the motor vehicle, unauthorized article, or piece of equipment as applicable, including year, model, and vehicle identification number of the vehicle; Give the location of the facility where the vehicle is held; State the authority and reason for the removal, towing, and storage of the motor vehicle, unauthorized article, or piece of equipment; In areas outside of Baltimore City, inform the owner and secured party of the owner's or secured party's right to reclaim the vehicle within 3 weeks after the date of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody, upon presentation of proof of identity and ownership, and upon signing a receipt for the motor vehicle, unauthorized article, or piece of equipment; In Baltimore City and Montgomery County, be sent by certified mail, return receipt requested, and inform the owner and secured party of the owner's and secured party's right to reclaim the vehicle within 11 working days after the receipt of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody; and State that the failure of the owner or secured party to exercise the right to reclaim the vehicle in the time provided is a: Waiver by the owner or secured party of the owner's or secured party's right, title, and interest in the vehicle, and Consent to the sale of the vehicle at public auction. In Baltimore City, Prince George's County, and Montgomery County, the MTA police department or its agent may seek to recover costs of impoundment, storage, and sale of a vehicle as provided by Transportation Article, §§25-206.1 and 25-206.2, Annotated Code of Maryland. If the MTA police department or its designee seeks to apply the provisions of Transportation Article, §§25-206.1 and 25-206.2, Annotated Code of Maryland, the notice required by §B of this regulation shall also state that the failure of the owner or secured party to exercise the right to reclaim the vehicle in the time provided may cause: Continuing liability of the owner for costs of: Impoundment, Storage within the chargeable limit for storage as provided in Transportation Article, §25-206.1(b), Annotated Code of Maryland, and Sale of the vehicle; and Denial of an application by the owner to renew the registration of a vehicle as required by Transportation Article, §25-206.2, Annotated Code of Maryland. When Owner's Identity is Uncertain. This section applies if: The identity of the last registered owner of an abandoned vehicle cannot be determined; The registration of the vehicle gives no address for the owner; It is impossible to determine with reasonable certainty the identity and address of each secured party; or The certified mail notice required by §B of this regulation is returned as undeliverable. Under one of the conditions enumerated in §E(1) of this regulation, the MTA police department, on taking an abandoned vehicle into custody, shall give the required notice by publication in at least one newspaper of general circulation in the area where the abandoned vehicle was found. The notice by publication: May contain multiple listings of abandoned vehicles; Shall contain the information required in §B of this regulation; Shall be published within 15 days of the taking into custody of the vehicle or, if the notice by publication is made because of the return as undeliverable of a prior notice by certified mail, return receipt requested, bearing a postmark from the United Postal Service, within 7 days of the return of that prior notice. Failure to Reclaim. In areas outside of Baltimore City, if the owner or secured party fails to reclaim an abandoned vehicle or an impounded motor vehicle, unauthorized article, or piece of equipment within 3 weeks after notice is given under this regulation, the owner or secured party is considered to have waived all of the owner's or secured party's right, title, and interest in the item and to have consented to the sale of the vehicle at public auction, and the item shall be so sold. In Baltimore City, if the owner or secured party fails to reclaim an abandoned vehicle within 11 working days after receipt of notice given under this regulation, the owner or secured party is considered to have waived all of the owner's or secured party's right, title, and interest in the vehicle and to have consented to the sale of the vehicle at public auction, and the item shall be sold. The liability of an owner or a transferrer for costs of preservation and storage shall be the same as is set forth in Transportation Article, §25-206.1, Annotated Code of Maryland. If an abandoned vehicle is not reclaimed as provided in this regulation, the MTA police department or its designee shall sell the vehicle at auction. The buyer of the vehicle at auction: Takes title to the vehicle free and clear of any claim of ownership or lien; Is entitled to a sales receipt from the MTA police department which constitutes sufficient title for transferring the vehicle to a scrap processor for dismantling, destroying, or scrapping, in which case a certificate of title is not required; and Is entitled to obtain a certificate of title of the vehicle and register it in the buyer's own name: Except as otherwise provided in this regulation; From the proceeds of the sale of an abandoned vehicle, the MTA police department shall reimburse itself or its designee for the costs of towing, preserving, and storing the vehicle and the expenses of the auction, including all notice and publication costs incurred under this regulation; and Any remaining proceeds of the sale shall be held for 90 days for the owner of the vehicle and any entitled secured party, after which the remaining proceeds revert to the Treasury of the State. This chapter does not apply to motor vehicles, articles, or pieces or equipment of the Maryland Transit Administration, its contractors or subcontractors, or other agencies of the State or to police or emergency vehicles. MTA law enforcement officers and their designees are authorized to issue citations and carry out towing and impoundment procedures for violation of this chapter. Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, as amended from time to time, is incorporated by reference. Citations issued under this chapter shall contain sufficient information to enable the person receiving a citation or citations to either to pay for the parking violation or stand trial. Penalties for parking violations are as follows: Obstructing bus or emergency vehicle movement $50; Parking within 15 feet of a fire hydrant or other fire control apparatus $50; Parking in more than one designated space $25; Obstructing other parked vehicles $40; Parking in a pedestrian crosswalk $40; Unauthorized occupation of parking spaces for the disabled $40; Parking in violation of posted restrictions $25. Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland Effective date: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555) Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749) Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749) Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667) Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660) Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667) Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247) Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667) Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749) Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660) Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667) Effective date: November 6, 1995 (22:22 Md. R. 1667) Regulation .01B amended effective April 7, 2008 (35:7 Md. R. 749) Regulations .01—.02 repealed effective December 31, 2018 (45:26 Md. R. 1247) This chapter governs the distribution of monthly fare products by opioid treatment centers to eligible individuals participating in opioid treatment programs. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland. “Eligible individual” means an individual enrolled in an opioid treatment center who qualifies for half fare prices under 49 CFR Part 609 and is certified by the Administration as eligible to receive reduced fare under the Administration’s Reduced Fare Program. “Fare product” means the Reduced Fare Monthly or Reduced Fare 31-Day Pass issued by the Administration. “Opioid treatment center” means a facility enrolling eligible individuals in opioid treatment programs licensed by the Department of Health to provide behavior health services under COMAR 10.63.02. An opioid treatment center may issue fare products with the approval of the Administration. Approval to issue fare products may be obtained by an opioid treatment center by submitting an application on a form provided by the Administration, which shall include the following information: Organization name, address, telephone number, primary email address, and contact individual; Department of Health behavioral health service license number, date of issue of license, and license expiration date; and Any other information required by the Administration. The application shall be accompanied by a photocopy or electronic image of the opioid treatment center’s license issued by the Department of Health. Approval shall be for a period of 4 years. An opioid treatment center may renew its approval by submitting a new application to the Administration. After obtaining approval as required by Regulation .03 of this chapter, an opioid treatment center shall submit an agreement signed by an authorized individual of the opioid treatment center on the form required by the Administration, agreeing to the obligations listed in this regulation and other obligations required by the Administration. The opioid treatment center shall maintain accurate, timely, and complete records of all transactions related to fare products acquired and distributed under Regulation .03 of this chapter. The opioid treatment center shall provide periodic reports of its inventory of fare products to the Administration. The opioid treatment center may only issue fare products to eligible individuals. The opioid treatment center may charge a fee for fare products no more than the rate charged by the Administration for the fare product. The opioid treatment center shall immediately report the loss or suspension of its license by the Department of Health. If an opioid treatment center violates the agreement or obligations stated in this regulation, the Administration may suspend its approval to issue fare products for a period of 1 year or longer, depending on the severity of the offense. Within 15 calendar days after receipt of a written determination, an opioid treatment center may appeal the denial or termination of approval to the Office of Administrative Hearings for a final decision in accordance with COMAR 28.02.01. An aggrieved party may seek judicial review of any final administrative decision under this chapter in accordance with the provisions of the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland. The required payment for each fare product distributed by participating opioid treatment centers shall be the current rate established by the Administration for opioid treatment center fare products. Opioid treatment centers shall pay the full amount of any fare products provided by the Administration upon receipt or other mutually agreed upon time. The Administration or its designee may conduct inspections and audits of opioid treatment center facilities, records, and processes related to this issuance of fare products by opioid treatment centers with notice of at least 30 days. Inspections and audits will be conducted during regular operational hours at agreed-upon times unless an unannounced inspection or audit is warranted. Transportation Article, §7-712, Annotated Code of Maryland Effective date: January 14, 2021 (48:1 Md. R. 10) This chapter governs the distribution of fare products to any eligible Baltimore City Public School System (BCPS) student and youth worker in the Baltimore City YouthWorks program. In this chapter, the following terms have the meaning indicated. Terms Defined. “Administration” means Maryland Transit Administration of the Department of Transportation. established pursuant to Transportation Article, §7-201, Annotated Code of Maryland. “BCPS” means Baltimore City Public School System. “Eligible individual” means an individual enrolled and actively attending as a student in BCPS or enrolled and actively attending as a youth worker in the Mayor’s Office of Employment Development YouthWorks program, and who qualifies for student fares under this chapter. “YouthWorks” means the YouthWorks summer job program managed by the Baltimore City Mayor’s Office of Employment Development. YouthWorks shall submit to the Administration a Complimentary Pass Application Form provided by the Administration, which shall include the following information: Organization name, organization requestor, telephone number, primary email address, and contact individual; and Program start and ending dates, school calendar, and eligibility list, along with type of pass and total quantity requested. BCPS shall maintain an accurate, timely, and complete listing of all eligible individuals receiving the Administration pass products The Administration shall provide Complimentary Passes for BCPS students for use between the hours of 5 a.m. and 8 p.m. on days when school is in session, and for school-related or educational extracurricular activities on and off campus. BCPS shall make every effort to notify the Administration when a student has ceased enrollment with BCPS, or to report a lost or stolen pass in a timely manner, so appropriate administrative action can be taken to deactivate the pass. BCPS shall submit an eligibility list to the Administration for verification of students utilizing the fare products by October 31 and April 30 each year. After obtaining approval as required by Regulation .03 of this chapter, an opioid treatment center shall submit an agreement signed by an authorized individual of the opioid treatment center on the form required by the Administration, agreeing to the obligations listed in this regulation and other obligations required by the Administration. Organization name, organization requestor, telephone number, primary email address, and contact individual; and. Program start and ending date, along with type of pass and total quantity requested. YouthWorks shall maintain accurate, timely, and complete listing of all eligible individuals receiving the Administration pass products. The Administration shall provide Complimentary Passes for YouthWorks workers during the YouthWorks summer job period and for purposes of engaging in YouthWorks-related activities. If a YouthWorks worker ceases enrollment or attendance, the Mayor’s Office of Employment Development shall notify the Administration within 3 business days so appropriate administrative action can be taken to deactivate the pass. The Administration or its designee may conduct periodic verifications of YouthWorks’ enrollment information as it pertains to distribution of fare products with 30 days notice. The Administration may not collect any fees or reimbursement from BCPS or YouthWorks for passes or services provided. Transportation Article, §7-710, Annotated Code of Maryland Effective date: June 26, 2023 (50:12 Md. R. 476)