This chapter establishes procedures for: Filing complaints of alleged misconduct with the Internal Investigative Unit; Conducting and coordinating investigations undertaken or assigned by the Internal Investigative Unit; Reporting and notification requirements related to investigations undertaken or assigned by the Internal Investigative Unit; and Reporting violations of criminal and Maryland Public Ethics Law, State Government Article, Title 15, Annotated Code of Maryland, by an employee to the Assistant Attorney General for the Department and the Chief Counsel to the Governor. In this chapter, the following terms have the meanings indicated. Terms Defined. “Agency” means an organization, institution, division, or unit established by statute or created by the Secretary within the Department. “Agency head” means the highest authority of an agency. “Contraband” means any item that an inmate is prohibited from possessing according to law, regulation, or Department, agency or correctional facility policy. “Controlled dangerous substance (CDS)” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland. “Department” means the Department of Public Safety and Correctional Services. “Director” means the Director of the Internal Investigative Unit. Employee. “Employee” means an individual assigned to or employed by the Department in a full-time, part-time, temporary, or contractual position. “Employee” includes: A special appointee; A volunteer; or An intern. “Escape” means any conduct by an inmate that may be charged as an escape under Maryland law. “Facility” means a structure or space used, owned, or leased by the Department to conduct Department administrative and operational activities. Inmate. “Inmate” means an individual in the custody or under the supervision of the Department. “Inmate” includes an individual: In pretrial, sentenced, or presentenced (after guilty finding but before sentencing) status actually or constructively confined by the Department; In a Department home detention program; or Under the supervision of the Division of Parole and Probation. “Internal Investigative Unit (IIU)” means the Department of Public Safety and Correctional Services Internal Investigative Unit. “Investigator” means a Department employee permanently assigned to or on special assignment to assist the IIU with the responsibilities specified under Correctional Services Article, §10-701(a)(3), Annotated Code of Maryland. Nonagency Employee. “Nonagency employee” means an individual who, by contract or other lawful arrangement, provides services to an inmate or the Department. “Nonagency employee” includes an employee of the Department of Education. “Secretary” means the Secretary of Public Safety and Correctional Services. The Director, or a designee, shall investigate: An alleged violation of criminal law committed by an employee while on duty; An alleged violation of criminal law committed by an employee while off duty if that violation impacts, or has the potential to impact, negatively on the Department; An alleged violation of criminal law committed by an inmate, a visitor, a nonagency employee, or another individual that may affect the safety or security of a Department facility; An alleged violation of Maryland Public Ethics Law, State Government Article, Title 15, Annotated Code of Maryland, by an employee or nonagency employee; and Other alleged violations that have a negative impact on the Department. The Director, or a designee, shall perform other duties and investigative responsibilities assigned by the Secretary. Appointment; Reporting. The Secretary shall appoint the Director. The Director shall report directly to the Secretary. The Director shall: Oversee IIU activities; Assign IIU employees to perform administrative and investigative duties and responsibilities; Supervise employees permanently assigned to the IIU; Ensure the confidentiality of all reports, records, and documents related to investigations conducted or assigned by the Director, or a designee; Coordinate, with the Secretary, the release of information regarding investigations conducted or assigned by the Director, or a designee; Serve as the principal contact regarding IIU operational activities with officials of federal, state, and local agencies, other Department investigative entities, and appropriate government organizations; If an investigation affects another enforcement agency, consult with the appropriate representative of that agency; Develop and maintain procedures to manage IIU operational activities; If appropriate, consult with an agency head concerning an investigation or the potential for public or media interest related to an investigation; Annually, report on trends, status, and results of investigations and related IIU activities in a manner determined by the Secretary; Ensure that an employee on special assignment to the IIU properly reports all investigative activities; Require that an investigator permanently assigned to the IIU is certified as a police officer according to requirements under COMAR 12.04.01; Maintain a record of all complaints received by the IIU; and Maintain a tracking system to monitor activity and disposition of each investigation conducted or assigned by the Director, or a designee. Except as provided under §B of this regulation, an employee shall immediately notify the Director, or a designee, if the employee is involved in or has knowledge of: An alleged violation by an employee of: The criminal law of the United States, a state, or a political subdivision of a state; Transportation Article, Annotated Code of Maryland, or an equivalent law of another state, involving the operation of a motor vehicle while under the influence of alcohol or a CDS; or Maryland Public Ethics Law, State Government Article, Title 15, Annotated Code of Maryland; An alleged violation of the criminal law of the United States, a state, or a political subdivision of a state committed by an inmate, a visitor, a nonagency employee, or other individual that affects the safety or security of a Department facility; An allegation of excessive force by an employee or nonagency employee; The possession or trafficking of contraband by an inmate, employee, or nonagency employee at a Department facility; An allegation that an on-duty employee or nonagency employee is under the influence of alcohol or a CDS, including the illegal use of a prescription drug; The death of an employee or nonagency employee while on duty; The death of an off-duty employee or nonagency employee if the manner of death: Is connected to the individual's employment with or services the individual provides to the Department; or Could have a negative effect on the Department; The death of an inmate; An attempted suicide by an inmate; An escape or attempted escape by an inmate; An incident where an employee displays or handles a firearm in a careless or unsafe manner; An incident where an employee discharges a firearm, other than on a firing range; The arrest of, or service of a criminal summons on, an employee or nonagency employee; The execution of a search warrant on property owned by or under the control of an employee or nonagency employee; An allegation of prohibited social, personal, intimate, or sexual relationship between an inmate and an employee or nonagency employee; An allegation of prohibited communication, transaction, association, or relationship, between an employee or nonagency employee and the following acting on behalf of an inmate: Visitor; Friend; Relative; or Other individual; An allegation involving an employee or nonagency employee which, if publicized, would reflect negatively on the Department or State; and An allegation involving an agency head or the agency head's staff, which, if handled by the agency head or the agency head's superior, could pose a conflict of interest. If an allegation required to be reported under §A of this regulation is discovered during a proceeding properly before the Inmate Grievance Office, as part of the administrative remedy procedure, or other similar Department administrative process, the employee responsible for the process: May notify the Director, or a designee, if, in the employee's judgment, the allegation warrants notifying the IIU; and Shall notify the Director, or a designee, if, while processing an allegation, another allegation required to be reported under §A of this regulation is discovered that warrants notification according to §B(1) of this regulation. When performing duties associated with the IIU, an investigator who is certified as a police officer according to requirements under COMAR 12.04.01 may exercise the authority of a police officer under Correctional Services Article, §10-701(b) and (c), Annotated Code of Maryland. An IIU investigator: Shall have unrestricted access to all areas of a Department facility; In addition to the authority under Regulation .06 of this chapter, may: Access Department records; Request assistance from an agency employee; Request assistance from another law enforcement agency; Inspect facilities, vehicles, or equipment; and Require an employee to provide testimonial or physical evidence; and Shall: Conduct an investigation in an impartial and reasonable manner according to the oath of office and law of the United States and the State; Be courteous, attentive, and receptive to an individual reporting or providing evidence related to a complaint under investigation; Ensure the safety and chain of custody for items and evidence received; Maintain confidentiality of all matters related to investigations; and Prepare an investigative report that, at a minimum, contains: Complete and detailed information regarding the complaint or incident; A clear account of investigative actions; and All relative information supporting the finding. An agency head or a designee shall: Notify the Director or a designee, and if required, local law enforcement, of an allegation required to be reported under Regulation .05 of this chapter; Relinquish authority for an investigation undertaken by the IIU, including an investigation initially assigned to an agency head, or a designee, that is subsequently assumed by the IIU; Provide to the IIU investigator unrestricted access to all areas of the agency head's facility; Ensure that agency employees cooperate with the IIU investigator; If requested by the IIU, assign agency employees to assist the IIU investigator and serve as an IIU liaison; Coordinate agency employee, nonagency employee, and inmate interviews requested by an IIU investigator; Provide reports, documents, and information requested by an IIU investigator; Ensure confidentiality of all reports, records, investigative activities, and documents relating to an IIU investigation; Provide workspace within the facility for use by the IIU personnel during an investigation; Secure and preserve the scene of an incident until released to an IIU investigator or appropriate law enforcement personnel; and Be accountable for investigations conducted at the agency level ensuring that: Where appropriate, investigative activities are conducted according to requirements for an IIU investigator; Required reports are completed; and Investigative reports are forwarded to the Director, or a designee, for review, filing, and retention. An employee involved in or with knowledge of an alleged violation under Regulation .05 of this chapter, regardless of whether the employee believes the allegation to be founded, shall immediately file a complaint with the Director, or a designee. The Director, or a designee, receiving notification under §A of this regulation shall: If possible, identify the employee or individual making the complaint; or If the complaint is made anonymously, record it as anonymous. The Director, or a designee, shall receive and handle an anonymous complaint in the same manner as a complaint where the employee or other individual filing the complaint or the victim is identified. An employee filing a complaint under §A of this regulation shall forward a written report of the complaint, in a form determined by the Director, directly to the Director or a designee, by the close of the next workday after filing the complaint with the IIU. An employee, a nonagency employee, an inmate, a visitor, or anyone on the behalf of these individuals may file a complaint directly to the Director, or a designee, or a law enforcement agency. After a complaint is filed with the IIU, the Director, or a designee, shall evaluate the information provided and: Decide whether an IIU investigator shall investigate the complaint; or Refer the complaint for investigation to the appropriate agency head. The Director shall establish a system to record each complaint received and track disposition of each complaint recorded. The Director, with the approval of the Secretary, shall determine the format and content of a report of investigation. The IIU is the repository for all reports of investigations conducted by an IIU investigator or assigned through the IIU to an agency head for investigation. The Director shall coordinate release of an investigative report with the Secretary consistent with all laws, rules, regulations, policy, and procedures. If an investigation of a complaint under this chapter determines that an employee has committed a violation of a criminal or the Maryland Public Ethics Law, State Government Article, Title 15, Annotated Code of Maryland, the Director, or a designee, shall notify the: Chief counsel to the Governor; and Assistant attorney general for the Department. An agency head completing an investigation that determines an employee has committed a violation of a criminal law or Maryland Public Ethics Law, State Government Article, Title 15, Annotated Code of Maryland, shall immediately report the findings to the Director, or a designee, who shall make the notifications required under §A of this regulation. Correctional Services Article, §10-701, Annotated Code of Maryland Effective date: August 28, 2006 (33:17 Md. R. 1437) A person shall use the following procedures to inspect or copy public records maintained by the Department of Public Safety and Correctional Services. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Agency” means a unit of State government within the Department of Public Safety and Correctional Services under Correctional Services Article, §2-201, Annotated Code of Maryland. “Agency head” means the highest authority in an agency of the Department. “Applicant” has the meaning stated in State Government Article, §10-611(b), Annotated Code of Maryland. “Custodian” has the meaning stated in State Government Article, §10-611(c), Annotated Code of Maryland. “Department” means the Department of Public Safety and Correctional Services. Official Custodian. “Official custodian” has the meaning stated in State Government Article, §10-611(d), Annotated Code of Maryland. “Official custodian”, unless otherwise provided by law, is the agency head. “Person” means an individual, corporation, partnership, firm, association, or governmental agency. “Person in interest” has the meaning stated in State Government Article, §10-611(c), Annotated Code of Maryland. “Personal information” has the meaning stated in State Government Article, §10-611(f), Annotated Code of Maryland. “Public record” has the meaning stated in State Government Article, §10-611(g), Annotated Code of Maryland. “Secretary” means the Secretary of the Department of Public Safety and Correctional Services. “Reasonable fee” has the meaning stated in State Government Article, §10-621(a), Annotated Code of Maryland. “Sociological data” means: Any of the following information concerning any person about whom a record is maintained by the Maryland State Police, the Police Training Commission, or the Correctional Training Commission: Social security number; Personal address; Personal phone number; Any information obtained by a personal history investigation; Any information obtained through a doctor's examination; Any score from a GED certificate; Any transcript or information obtained from a high school, college or other approved educational institution; and Any information regarding marital status or dependents. Any of the following information concerning any person about whom a record is maintained by the Division of Parole and Probation or the Maryland Parole Commission: Personal relationships, beliefs, values, etc.; Identity of dependents and relatives; Description and adequacy of housing facilities; Finances including income, assets, liabilities, debt payments; Address, occupation, and school status of family members; Information concerning the support and custody of children; Religious preference and attendance; Names of close associates; Evaluation by the agent of adjustment problems and attitudes (including risk and needs assessment information). Any of the following information concerning any person about which a record is maintained by the Patuxent Institution: An inmate's family or family history; Developmental history; Work history; Sexual development; Medical or psychiatric history; Military service; Work release; School release; Parole progress. “Working day” means a day other than Saturday, Sunday, or a State holiday. A person may inspect or copy a public record unless that inspection is: An unwarranted invasion of the person in interest's privacy; or Prohibited by law or regulation. Written Application. Unless exempt under State Government Article, §10-614(a)(2), Annotated Code of Maryland, a person requesting to inspect or copy a public record shall submit a written application to the custodian of the record to be inspected or copied. Contents of Application to Inspect or Copy a Public Record. A person requesting to inspect or copy a public record shall submit a written application that: Provides the person's name and address; and Identifies the record to be inspected or copied. The applicant shall direct the application to the custodian of the record to be inspected or copied. If the custodian is unknown, the applicant may direct the request to the: Secretary; or Department's Principal Counsel. If an application to inspect or copy a public record is received and the record requested is not under the charge of the receiving custodian, within 10 working days of receipt of the application, the receiving custodian shall notify the applicant: That the application has been misdirected; and One of the following: If the proper custodian can be identified: The name and address of that custodian; and That the application was forwarded to the proper custodian; or If the proper custodian cannot be identified, that the application was forwarded to the Office of the Secretary, where a designee shall: Identify the proper custodian; and Notify the applicant as required under §D(2) of this regulation. A custodian receiving an application to inspect or copy a public record under that custodian's control: Shall grant or deny the request within 30 days of receipt of the application; Unless prohibited by law, may: Notify a person in interest adversely affected by disclosure of a public record that an application to inspect or copy a public record related to the person in interest has been made; and Consider the views of the person in interest before granting a request to inspect or copy that public record; and With the consent of the applicant, may extend time limits imposed by this regulation up to 30 days. If the custodian grants a request, the custodian shall make the record available: Immediately; or Within 30 days from the date of the request based on time required to retrieve the public record. Time of Inspection. A custodian shall make a public record available for inspection or copying during the agency's normal working day. Place of Inspection. A custodian shall require that the public record be inspected or copied at the location where the public record is maintained, unless the custodian determines that another location would better serve the needs of the individual inspecting or copying the public record or of the Department. Availability of Records. If a requested public record is not immediately available, the custodian shall, within 10 working days of receipt of the request: Notify the applicant; and Establish a date and time that the public record will be available for inspection or copying. If a requested public record cannot be made available, the custodian shall, within 10 working days of the request: Notify the applicant; and Provide the reason the public record cannot be produced. Reasonable Fees. Before preparing for inspection, copying, or photographing of a public record, a custodian shall: Based on §E(3) of this regulation, estimate the cost of providing the record in the form requested; Obtain agreement from the applicant to pay the fee based on the cost under §E(1)(a) of this regulation; and Arrange for payment by the applicant. Under State Government Article, §10-621, Annotated Code of Maryland, the official custodian may charge a reasonable fee to recover costs associated with the search for, preparation of, copying of, and photographing of a public record. Unless otherwise established, the official custodian shall base the fee charged on costs for document searches, copies, printouts, photographs, or certified copies of a public record. The official custodian shall charge: If a Department photocopy machine is used, 50 cents for each page copied; The actual cost of obtaining each photograph; 50 cents for each page or photograph certified as a true test copy, which is in addition to charges under §E(3)(a) and (b) of this regulation; Except for the first 2 hours, for work time used searching, preparing, copying, or photographing a public record; If a copy or photograph of a public record is mailed or delivered to the applicant, for the actual cost of postage or delivery; and If copying or photographing cannot be performed within the Department, for the actual cost, established by the public or private business providing the service. The official custodian may not charge a fee if the total cost for providing the public record would be $1 or less. The official custodian may waive or reduce a fee charged under this regulation if the official custodian: Receives a request for a waiver or reduction of the fee from the applicant; and After considering the applicant's ability to pay the fee and any other factors, determines that a waiver is in the best interest of the public. A custodian may deny a request to inspect or copy a public record under State Government Article, §§10-615 —10-619, Annotated Code of Maryland. If a custodian denies a request to inspect or copy a public record, the custodian shall: Immediately notify the applicant; and Within 10 working days, provide the applicant with a written statement that provides the: Reason for the decision; Legal basis for the decision; and Notice of remedies for review of the denial. If a portion of the public record can be inspected or copied and that portion can be separated from the portion that cannot be inspected or copied, the custodian shall provide the person inspecting or copying the public record the portion that can be inspected or copied. If a custodian denies a request to inspect or copy a public record for a reason other than the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative review of that denial. If the applicant requests an administrative review of the denial, the agency head shall require that the administrative review is conducted according to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland and COMAR 12.11.04. Under State Government Article, §10-623, Annotated Code of Maryland, a person adversely impacted by a decision under §A of this regulation may file a complaint with the circuit court. State Government Article, Title 10, Subtitle 6; Correctional Services Article, §2-109; Annotated Code of Maryland Effective date: July 13, 1979 (6:14 Md. R. 1208) Chapter revised effective August 13, 1984 (11:16 Md. R. 1393) Regulation .13A amended effective February 4, 1991 (18:2 Md. R. 151) Chapter revised effective January 6, 2005 (31:26 Md. R. 1863) Annotation: This chapter of regulations pertaining to the entire Department replaced individual chapters adopted by agencies within the department. These chapters, which were repealed, appeared at COMAR 12.04.02, 12.06.11, 12.07.02, 12.09.02, 12.10.02, 12.12.01, 12.13.01, 12.14.02, and 12.15.01. The Emergency Number Systems Board shall coordinate the implementation, enhancement, maintenance, and operation of county or multicounty 9-1-1 systems. In this chapter, the following terms have the meanings indicated. Terms Defined. “Additional charge” has the meaning stated in Public Safety Article, §1-301, Annotated Code of Maryland. “Board” means the Emergency Number Systems Board. "9-1-1 system" means a telephone service or any other communication service that meets the planning guidelines under Public Safety Article, §1-306, Annotated Code of Maryland, and automatically connects an individual dialing the digits 9-1-1 to a public safety answering point. “Public safety answering point” has the meaning stated in Public Safety Article, §1-301, Annotated Code of Maryland. The Emergency Number Systems Board is under the direction of the Secretary of Public Safety and Correctional Services. Board membership shall be according to Public Safety Article, §1-305, Annotated Code of Maryland. The Board shall meet as necessary, but not less than quarterly each calendar year. The Board requires a majority of confirmed members present at a meeting to constitute a quorum. The Board requires a majority vote of members present at a meeting before taking action. The Board shall coordinate enhancement of county or multicounty 9-1-1 systems according to provisions under Public Safety Article, §1-306, Annotated Code of Maryland. A county or multicounty area shall maintain an enhanced 9-1-1 system that: Uses the digits 9-1-1 as the published emergency telephone number for access to emergency services; Has public safety answering points that provide 24-hour public access and dispatch service; Provides transfer and referrals to related public safety services; Provides for staffing all public safety answering points with personnel trained as required by this chapter; Provides for equipping all public safety answering points with adequate access to TTY equipment to facilitate use by an individual with a speech or hearing disability; Provides access to services for an individual who does not speak or understand the English language; May provide access to local emergency management centers for all public safety answering points; Permits a county to designate a public safety answering point using cooperative arrangements acceptable to the participating agencies; Permits public safety answering points to transfer or relay emergency calls received requiring services outside of the jurisdiction of the system receiving the call; Maintains a current master street address guide and communicates updated information to parties responsible for an automatic number identification (ANI) and automatic location identification (ALI) system; Uses telephone equipment and services that provide: A visual or audible indication, or both, of an incoming call; The capability for the call taker to monitor a transferred call to ensure that the call is properly transferred; Annual telephone company monitoring of service to determine the grade of service and, if appropriate, to make recommendations to ensure that not more than one busy signal in every 100 incoming calls during an average busy hour is maintained; and Documentation of the date and time a 9-1-1 call is received; and Has a sufficient number of call takers and equipment to consistently answer incoming calls on a daily average of 10 seconds or less. A county with a plan for more than one public safety answering point in the county shall submit the plan to the Board for consideration subject to the following: The county administration submitting the plan and not the individual agency within the county shall receive and distribute funding; and The plan shall meet the criteria established under this chapter, unless the Board approves a variation. At a minimum, an enhanced 9-1-1 system implemented in Maryland shall include: Sufficient incoming 9-1-1 lines for each telephone central office to ensure that not more than one in 100 call attempts during the average busy hour is blocked; Connections to all public safety agencies covered by the system; 24 hour, 7 day operation of the public safety answering point staffed with personnel trained as required under this chapter; First priority to answering 9-1-1 calls; Electronic recording of all 9-1-1 calls; Playback capability of all 9-1-1 calls; Connection to adjacent public safety answering points by private lines when there is a telephone exchange and jurisdictional boundary not covered by selective routing; Security measures sufficient to minimize intentional disruption of the operation; Standby emergency electrical power to keep the public safety answering point operating when commercial power fails; At least one administrative line for nonemergency calls; Written operational procedures; Automatic location identification (ALI), which displays, at the public safety answering point, the address or location of the calling instrument; Automatic number identification (ANI), which displays, at the public safety answering point, the calling telephone number; Central office identification used to identify dedicated lines or trunks from a central office when a public safety answering point serves more than one central office; A distinct tone, visible signal, or other process for: Alerting the call taker that an incoming 9-1-1 call was disconnected; and Receiving and displaying the telephone number with ANI and ALI information for a disconnected 9-1-1 call, when available; Providing access to services for an individual: With a speech or hearing disability; or Who does not speak or understand the English language; and Other technical advances approved by the Board. A county or multicounty system may establish a 3-1-1 system to reduce congestion on the 9-1-1 system operation. At a minimum, a 3-1-1 system shall include the following: Switching or programming to direct a 3-1-1 call to a nonemergency answering position; A 3-1-1 answering position that shall be capable of: Immediately transferring an emergency call to a 9-1-1 answering position or an adjoining public safety answering point; Transferring a nonemergency call to an adjoining jurisdiction or appropriate agency; and Providing an individual: With a speech or hearing disability access to TTY services; or Who does not speak or understand the English language access to alternative communication services; and A 3-1-1 call taker trained to handle nonemergency calls and to transfer emergency calls to a 9-1-1 call taker. A county or multicounty system shall have and maintain a written operational plan for public safety services signed by public safety agencies within the public safety answering point area of responsibility. A public safety agency included in an operational plan under §A of this regulation shall be familiar with the operational procedures of the other public safety agencies included in the same operational plan. An operational plan shall provide for uniform methods and procedures to ensure effective interagency communications. A facility housing 9-1-1 telephone equipment shall: Be equipped at all exposed terminations, including central office distributing frames, with protective devices that prevent accidental worker contact; and Include clearly identified protected terminations to distinguish protected terminations from other circuitry. A protected circuit may not be opened, grounded, short-circuited, or manipulated in any way by a telephone company worker without the local telephone company first obtaining approval for circuit release from the appropriate public safety answering point. A telephone company shall ensure that telephone company employees who work in facilities associated with the 9-1-1 service are familiar with procedures for safeguarding 9-1-1 system equipment. A county shall staff a public safety answering point with personnel who can properly process a call from a machine used by an individual who has a speech or hearing impairment. Within 6 months of hiring a public safety answering point call taker, a county shall train the new call taker using a curriculum adopted or approved by the Board. A county shall provide a public safety answering point call taker with yearly in-service training using a curriculum adopted or approved by the Board. D. Training shall include: Public safety answering point orientation; Communication skills; Electronic systems; Policies and procedures; Call processing; Documentation; Dispatch procedures; Stress management; Public relations; Administrative duties; and Disaster and major incident training. The Board shall ensure that collection, maintenance, dispersal, and auditing of 9-1-1 fees is conducted according to Public Safety Article, §§1-308—1-312, Annotated Code of Maryland. Additional Charges—Local Government. In addition to the fee charged under Public Safety Article, §1-310, Annotated Code of Maryland, a county with an operational 9-1-1 system under Public Safety Article, §1-304, Annotated Code of Maryland, may, by ordinance or resolution after public hearing, enact or adopt an additional monthly charge not to exceed the limits under Public Safety Article, §1-311, Annotated Code of Maryland, to be applied to current bills, within that county, for: Switched local exchange access service; and Wireless telephone service or other 9-1-1 accessible service. A county authorizing an additional charge under §B of this regulation and maintaining an enhanced 9-1-1 system shall be subject to an annual Board-authorized independent audit of authorized 9-1-1 expenditures pursuant to Public Safety Article, §1-312, Annotated Code of Maryland. Equipment that qualifies for purchase with funds from the 9-1-1 Trust Fund includes: Equipment for connecting and outswitching 9-1-1 calls within a telephone central office; Trunking facilities from the central office to a public safety answering point; Equipment to connect 9-1-1 calls to the appropriate public safety agency; and Equipment for a 3-1-1 system. Equipment necessary to constitute an enhanced 9-1-1 system shall be used for: Automatic number identification (ANI); Automatic location identification (ALI); or Other technical equipment the Board may require. Computer aided dispatch equipment is not a part of a 9-1-1 system, except when the Board determines that an interface is necessary to properly process 9-1-1 calls. A county requesting reimbursement from the 9-1-1 Trust Fund for mandated equipment, 9-1-1 enhancements, or technological advancements shall submit the request to the Board for approval. A county shall submit a plan, request, report, or question to the Chairman, Emergency Number Systems Board. A county shall submit a request for reimbursement from the 9-1-1 Trust Fund to the Board in a format and according to procedures established by the Board. Reimbursement Processing. A county public safety answering point director or a 9-1-1 administrator shall submit a written or electronic request for reimbursement to the Board so that it is received at least 2 weeks before a Board meeting at which it is to be considered. The county's public safety answering point director or 9-1-1 administrator, or a designee, shall attend the meeting at which the request is to be considered. The Board shall review the request and, if approved, encumber funds up to the amount of the request. The county shall ensure that the county's procurement laws and policies are followed. Upon request by a county, the Board may grant a waiver or variance of the regulations contained in this chapter. A county may submit a written or electronic request for waiver or variance to the Board that includes: Number of persons affected; Impact of a variance or waiver; Alternative methods; Technical difficulties; Cost. The Board shall consider: The information for each of the areas cited in §B of this regulation; and The best interests of the affected parties, the applicant, and the Emergency Number Systems Board. An affected party shall have the right to present, either in writing or through oral testimony, information which may bear on the Board's final decision. Processing a Request for Waiver or Variance. Upon receipt of a written request for waiver or variance, the Board shall: Within 10 days of receipt of the request, direct a letter to the applicant, which shall: Acknowledge receipt; and Notify the applicant that additional information may be submitted, within 30 days, for the Board to consider during the review; and Review the documents or conduct a hearing. If the Board elects to review the documents, the review shall be conducted at a regular Board meeting within 60 days after the expiration of the 30-day period granted to the applicant to submit additional information. If the Board elects to conduct a hearing, the Board shall: Notify the applicant and affected parties of the hearing at least 10 days before the hearing and provide the hearing: Date; Time; and Location; and Conduct the hearing according to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The Board may instruct the State Comptroller to withhold funds from a county for 9-1-1 system expenditures for a violation under: Public Safety Article, §1-312, Annotated Code of Maryland; or The regulations in this chapter. Withholding Funds. If the Board decides to withhold funds, the Board shall: Identify, in writing, the reason or reasons for withholding funds; Record the reason or reasons in the minutes of the meeting; Notify the county that the county has 30 days from the date of notification to respond in writing to the Board; and Notify the State Comptroller to hold funds, in that county's account within the 9-1-1 Trust Fund, until the Board advises the Comptroller that the funds may be released. Funds held by the Comptroller under this section may not accrue interest for a county. Interest income earned on funds held by the Comptroller under this regulation shall be diverted to the 9-1-1 Trust Fund. The Board shall notify the Secretary of action taken under §A or B of this regulation. After the Board conducts a hearing or a review of a request under this chapter, the Board shall ensure that the Board's decision is: In writing and stated in the record; Accompanied by findings of fact and conclusions; and Provided to the applicant with a copy of the written record containing the information noted under §§A and B of this regulation. Public Safety Article, Title 1, Subtitle 3, Correctional Services Article, §2-109; Annotated Code of Maryland Effective date: Regulations .01—.12 adopted as an emergency provision effective June 2, 1980 (7:12 Md. R. 1128); adopted permanently effective October 11, 1980 (7:20 Md. R. 1884) (Originally Promulgated as COMAR 12.11.02) Regulation .03F amended effective May 15, 1981 (8:10 Md. R. 878) Regulation .04A amended effective August 13, 1984 (11:16 Md. R. 1393) Regulation .09-1 adopted effective August 13, 1984 (11:16 Md. R. 1393) Regulation .09-1B amended effective July 13, 1986 (13:14 Md. R. 1635) Regulation .11A amended effective August 13, 1984 (11:16 Md. R. 1393) Regulations .13 and .14 adopted effective August 2, 1982 (9:15 Md. R. 1515) Chapter revised effective September 16, 1991 (18:18 Md. R. 2008) Chapter revised effective January 1, 1996 (22:24 Md. R. 1899) Regulation .01 amended effective July 15, 1996 (23:14 Md. R. 1010) Regulation .02 amended effective February 24, 1997 (24:4 Md. R. 293) Regulation .07D amended effective July 15, 1996 (23:14 Md. R. 1010) Regulation .10B amended effective July 15, 1996 (23:14 Md. R. 1010) Regulation .14D amended effective July 15, 1996 (23:14 Md. R. 1010) Chapter revised effective March 9, 1998 (25:5 Md. R. 370) Regulation .12A amended effective July 27, 1998 (25:15 Md. R. 1191) Chapter revised effective October 8, 2007 (34:20 Md. R. 1740) This chapter applies to proceedings before agencies of the Department of Public Safety and Correctional Services if an issue concerning the legal rights, duties, statutory entitlements or privileges of a party is required by law or constitutional right to be determined by a hearing. This chapter does not apply to: Personnel grievance hearings; Conferences; Informal investigations; Proceedings before agencies that have adopted regulations governing that agency's hearings; or Other proceedings in which hearings are not required by law. In this chapter, the following terms have the meanings indicated. Terms Defined. “Agency” has the meaning stated in COMAR 12.11.02.02B. “Agency head” has the meaning stated in COMAR 12.11.02.02B. “Contested case” has the meaning stated in State Government Article, §10-202, Annotated Code of Maryland. “Department” has the meaning stated in COMAR 12.11.02.02B. Party. “Party” means a person, an agency, or another entity involved in the contested case. “Party” includes any other person, agency or legal entity which may be substantially affected by the outcome of the contested case. “Presiding officer” has the meaning stated in State Government Article, §10-202(g), Annotated Code of Maryland. The presiding officer shall be: The agency head or designee of the agency involved; or An individual specifically designated by law. The presiding officer shall have authority over the proceedings related to examining witnesses, admissibility of evidence, and other activities that are part of the hearing process under State Government Article, §§10-210—10-221, Annotated Code of Maryland. An agency shall provide each party an opportunity to be heard in a contested case. The presiding officer shall provide each party written notice of a hearing mailed not less than 10 days before the date of the hearing. The presiding officer shall include in the notification of a hearing the information required under State Government Article, §10-208, Annotated Code of Maryland. The presiding officer may postpone a hearing upon written request by any party. Postponements may be granted for reasons satisfactory to the presiding officer. The presiding officer shall notify each party of the postponement and the new hearing date. A party may: Appear in person to the extent permitted by law; or Be represented by an attorney licensed to practice law in Maryland. If a party or the party's attorney does not appear for the hearing and the presiding officer gave notice as required, the presiding officer may: Postpone the hearing under Regulation .05 of this chapter; or Proceed upon the evidence and testimony submitted by those present. Testimony and Evidence. The presiding officer shall conduct the hearing as it relates to testimony and evidence according to the rules under State Government Article, §§10-213 and 10-214, Annotated Code of Maryland. Testimony shall be under oath. The oath shall be: “Do you solemnly promise and affirm under the penalties of perjury that the testimony you are about to give in the matter now pending before the agency shall be the truth, the whole truth, and nothing but the truth?” The presiding officer shall require that a record is made of each hearing. The record shall include the information required under State Government Article, §10-218, Annotated Code of Maryland. The presiding officer shall use electronic equipment or a stenographer to record a hearing. The presiding officer shall have a transcript of all or part of the oral proceedings prepared upon the request of, and the advance payment of the cost by, a party. Following the hearing, the presiding officer may allow or require memoranda or briefs on the issues of fact and law involved in the contested case. Memoranda or briefs shall be filed in the form, with the number of copies, and at the time directed by the presiding officer. The presiding officer shall use a preponderance of evidence as the standard of proof, unless the standard of clear and convincing evidence is required by regulation or statute. The presiding officer shall: Prepare the final decision in writing or state it in the record; If the final decision is in writing, forward a copy to each party or to the party's attorney; Include findings of fact and conclusions of law, separately stated; and Include procedures and time limits for filing exceptions. If the final decision maker in a contested case does not personally preside over the original hearing, the final decision for a contested case shall be made under State Government Article, §10-216, Annotated Code of Maryland. Request for Reconsideration. Each party may request reconsideration of a final decision. The party shall: Direct the request to the presiding officer who made the decision; File the request within 10 days after receipt of the final decision; and State the grounds for reconsideration. The presiding officer deciding the case shall determine to grant or deny the request, in whole or in part, within 30 days of receipt of a request for reconsideration. A request for reconsideration may not stay a final decision and may not stay the time for filing an appeal from the final decision. If reconsideration is granted, the presiding officer shall issue an order providing for reconsideration and staying the decision under reconsideration. A presiding officer may conduct a hearing under this chapter to consider further evidence or argument upon the matters being reconsidered. After reconsideration, the presiding officer shall: Issue a written order affirming, modifying, or rescinding the original decision; and Immediately forward a copy of the order to each party or each party's attorney. Each party aggrieved by a final decision is entitled to judicial review under State Government Article, §§10-222 and 10-222.1, Annotated Code of Maryland, or as otherwise provided by law. Request for Stay. A party seeking judicial review of a final decision may request a stay of the decision pending judicial review. A party making a request for a stay shall: File the request with the agency within 15 days of the date of the decision; Include the reason for the stay; Include a copy of the petition of appeal filed in the court having jurisdiction or a statement of the grounds for judicial review; and Serve a copy of the request on each party to the contested case. A request for a stay may not extend the time for filing an appeal. The presiding officer may grant or deny a request for a stay with or without a hearing. The presiding officer shall issue a written order granting or denying the stay, in whole or in part, and shall forward a copy of the order to each party or each party's attorney. A party to a contested case may seek civil enforcement of an administrative order by filing a petition in the appropriate circuit court. State Government Article, Title 10, Subtitle 2; Correctional Services Article, §2-109; Annotated Code of Maryland Effective date: August 13, 1984 (11:16 Md. R. 1393) Chapter revised effective April 12, 2004 (31:7 Md. R. 585) These regulations establish procedures for a person in interest to request the correction or amendment of a personal record maintained by the Department of Public Safety and Correctional Services. These regulations do not apply to criminal history record information defined under Criminal Procedure Article, §10-201(d), Annotated Code of Maryland. Procedures for correction or amendment of criminal history record information are provided under Criminal Procedure Article, §§10-223—10-226, Annotated Code of Maryland, and COMAR 12.15.01.07. In this chapter, the following terms have the meanings indicated. Terms Defined. “Custodian” has the meaning stated in State Government Article, §10-611(c), Annotated Code of Maryland. “Personal record” has the meaning stated in State Government Article, §10-624(a), Annotated Code of Maryland. “Person in interest” has the meaning stated in State Government Article, §10-611(e), Annotated Code of Maryland. “Public record” has the meaning stated in State Government Article, §10-611(g), Annotated Code of Maryland. A person in interest requesting to correct or amend a personal record shall: Make the request in writing; Identify the personal record to be corrected or amended; State the precise correction or amendment requested; State the reason for the correction or amendment; and Direct the request to: The custodian of the record; or If the custodian is unknown, the Executive Director of the Human Resources Division for the Department of Public Safety and Correctional Services. Within 30 days of receipt of the request for correction or amendment, the custodian of the record shall: Make the requested correction or amendment and inform the person in interest, in writing, of the action; or Inform the person in interest, in writing, that the requested correction or amendment will not be acted on because: The person making the request is not a person in interest; The record to be corrected or amended is not a personal record; The personal record requested to be corrected or amended is correct; or Of any other reason that is authorized by law. If the custodian refuses a requested correction or amendment of a personal record, the person in interest may file with the head of the agency that has authority over the personal record a concise statement of the reasons for disagreeing with the agency's refusal to make the correction or amendment. The person in interest filing a statement under §A of this regulation shall: File the statement in writing; Submit the statement on one side of 81/2 x 11 inches paper; and Limit the statement to a maximum of five pages. If a custodian discloses, to a third party, information from a personal record related to a statement filed under §A of this regulation, the custodian shall provide the third party a copy of that statement. A person in interest may request an administrative review by filing a written request with the Secretary of Public Safety and Correctional Services, 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 forwarded to a third party. A request for review shall be filed within 30 days of the date the person in interest is advised of the agency's action. The Secretary, or a designee, shall require that an administrative review under §A of this regulation be conducted under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 12.11.04. State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland Effective date: August 13, 1984 (11:16 Md. R. 1393) Chapter revised effective July 15, 1996 (23:14 Md. R. 1010) Chapter revised effective October 11, 2004 (31:20 Md. R. 1485) Death Benefit Eligibility — General. The Secretary, under Public Safety Article, §1-202, Annotated Code of Maryland, may award a death benefit to the surviving spouse, child, dependent parent, or estate of an individual who, after January 1, 2006, died as a result of the performance of duty as a: Law enforcement officer; Correctional officer; Volunteer or career firefighter or rescue squad member; State Fire Marshal or Deputy State Fire Marshal; Public safety aviation employee; or Subject to limitations in State Government Article, §1-202(j), Annotated Code of Maryland, hazardous material response team employee. The Secretary, under Public Safety Article, §1-202, Annotated Code of Maryland, may award a death benefit to the surviving spouse, child, dependent parent, or estate of Maryland resident who, after January 1, 2006, was a member of the United States military serving in the Afghanistan or Iraq conflict and died in the performance of duties: During active military service in the Afghanistan or Iraq conflict; or As a result of an injury sustained during active military service in the Afghanistan or Iraq conflict. A death benefit awarded under this chapter is subject to deductions for taxes debt or penalty owed by a decedent to a federal, state, or local government agency. Funeral Expenses Eligibility — General. The Secretary, under Public Safety Article, §1-202, Annotated Code of Maryland, may award reasonable funeral expenses to the surviving spouse, child, parent, or estate of an individual specified under §A(1) of this regulation. In this chapter, the following terms have the meanings indicated. Terms Defined. “Children” has the meaning stated in Public Safety Article, §1-202, Annotated Code of Maryland. “Correctional officer” has the meaning stated in Public Safety Article, §1-202, Annotated Code of Maryland. “Dependent parent” has the meaning stated under §152 of the Internal Revenue Code of the United States. “Employee” means an individual eligible for duty-related death benefits under this chapter. “Individual serving in the Afghanistan or Iraq conflict” has the meaning stated in Public Safety Article, §1-202, Annotated Code of Maryland. “Law enforcement officer” has the meaning stated in Public Safety Article, §1-202, Annotated Code of Maryland. Performance of Duties. “Performance of duties” has, in the case of an individual under §A(1)(c)—(f) under Regulation .01 of this chapter, the meaning stated in Public Safety Article, §1-202, Annotated Code of Maryland. “Performance of duties” means, in the case of an individual under §A(1)(a) and (b) under Regulation .01 of this chapter, the individual was: Actively participating in an official law enforcement or correctional responsibility; Going to or from an official law enforcement or correctional responsibility; or Performing other duties necessary to the performance of an official law enforcement or correctional responsibility. Performance of duties” means, in the case of an individual under §A(2) under Regulation .01 of this chapter, the individual was actively participating in an official United States military responsibility in Afghanistan or Iraq. “Secretary” means the Secretary of Public Safety and Correctional Services. “State Fire Marshal” means a sworn member of the Office of the State Fire Marshal as described in Public Safety Article, Title 6, Subtitle 3, Annotated Code of Maryland. Death Benefit. When a death benefit is authorized, payment shall be made in the following priority order: Full payment to the surviving spouse; If there is no surviving spouse, full payment divided equally among surviving children; If there is no surviving child, full payment to a surviving dependent parent; or If there is no surviving dependent parent, full payment to the estate of the decedent. Funeral Expenses. When funeral expenses are authorized, payment shall be made in the following priority order: Full payment to the surviving spouse; If there is no surviving spouse, full payment to the surviving child; If there are no surviving child, full payment to a surviving parent; or If there is no surviving parent, full payment to the estate of the decedent. For the purpose of informing individuals who may be entitled to benefits under this chapter, the Department of Public Safety and Correctional Services (Department) shall work with the Maryland Department of Veteran Affairs, other State and local government agencies and private agencies the Department determines to be appropriate, to communicate the availability of, eligibility criteria for, and application process for a benefit under this chapter. The Department, with the approval of the Secretary, may establish an agreement with the Maryland Department of Veteran Affairs or other State or local government agency for the purpose of communicating the availability of, eligibility criteria for, and application process for a benefit under this chapter. The Executive Director, Human Resources Services Division for the Department of Public Safety and Correctional Services (Executive Director),or a designee, shall take reasonable steps to notify a potential recipient of the death benefit under this chapter: When the Executive Director receives information concerning the death of an eligible decedent; and After 1 year from the date of death of an eligible decedent, if no application for the death benefit for the eligible decedent is received. The Executive Director, or a designee, shall ensure that statutory and regulatory requirements for administration of benefits under this chapter are met. The Executive Director shall: Create and maintain forms necessary to apply for, process a request for, and award a benefit under this chapter; To the degree possible, establish a network to identify and notify a surviving spouse, child, dependent parent, or estate potentially eligible to receive a benefit under this chapter; Accept a request for, process a request for, and award to an eligible recipient a benefit under this chapter according to statutory and regulatory requirements; and Establish and maintain records related to a request for, processing a request for, and awarding a benefit according to an approved retention schedule. Except for provisions under §B of this regulation, an individual applying for the death benefit under this chapter shall apply to the Executive Director in writing on forms approved by the Executive Director and provide the Executive Director with: If the survivor is the spouse of a decedent eligible for the death benefit: A copy of the decedent’s death certificate; A copy of the decedent’s and survivor’s marriage certificate; A copy of the report documenting the circumstances of the decedent’s death; An official written statement from the agency employing the decedent that the decedent died in the performance of duty; If applicable, a copy of the autopsy report; and The name, address, and Social Security number of the survivor eligible to receive the death benefit payment; If the surviving child or a legal guardian or authorized representative for the surviving child is applying: The items under §A(1)(a) and (c)—(e) of this regulation; and A copy of the birth certificate of the surviving child; If the surviving child is mentally or physically incapable of personal support or a legal guardian or authorized representative for the child is applying: Those items under §A(2)(a) and (b) of this regulation; and A statement from a physician concerning the disability of the surviving child; or If the surviving dependent parent is applying: The items under §A(1)(a) and (c)—(f) of this regulation; A copy of the birth certificate of the decedent; and A copy of the decedent's most recent federal or State income tax return showing dependency of the parent. Except for provisions under §A of this regulation, an individual or agency applying for a death benefit for a Maryland individual serving in the Afghanistan or Iraq conflict under this chapter shall provide: The appropriate information required under §A(1), A(2), A(3), or A(4) of this regulation; and An official report from the U. S. military verifying the decedent died while in the performance of duties: During the Afghanistan or Iraq conflict while on active U. S. military service in Afghanistan or Iraq; or From an injury sustained while on active U. S. military service in Afghanistan or Iraq during the Afghanistan or Iraq conflict. Additional documentation or information may be required because of unusual or exceptional circumstances. The information in §§A and B of this regulation shall be sent to the Department of Public Safety and Correctional Services, Human Resources Services Division. An application for the death benefit under this regulation shall be submitted to the Executive Director within 3 years of the death of the decedent’s death. An individual applying for funeral expenses under this chapter shall apply to the Executive Director in writing on forms approved by the Executive Director and provide the Executive Director with: Documentation that may include requirements for information established under Regulation .06 of this chapter to verify that the individual applying for funeral expenses under this chapter is eligible for the benefit; and A detailed summary of funeral expenses for a decedent representing the total cost of the funeral with invoices supporting the funeral expenses. An individual applying for funeral expenses under this chapter shall forward the required information to the Executive Director. An aggrieved individual may appeal a decision concerning a benefit under this chapter. An appeal of an action under this chapter shall be in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Correctional Services Article, §2-109; Public Safety Article, §1-202; State Government Article, §9-943; Annotated Code of Maryland Effective date: April 18, 1988 (15:8 Md. R. 1015) Regulation .01 amended effective April 22, 1996 (23:8 Md. R. 607) Regulation .01A amended effective April 2, 1990 (17:6 Md. R. 742) Regulation .02 amended effective April 22, 1996 (23:8 Md. R. 607) Chapter revised effective December 22, 2003 (30:25 Md. R. 1850) Chapter revised effective April 13, 2015 (42:7 Md. R. 571) This chapter establishes procedures for psychological screening of an applicant for employment in, or reinstatement to, a mandated position with the Department. In this chapter, the following terms have the meanings indicated. Terms Defined. Applicant. “Applicant” means an individual seeking employment with the Department in a mandated position who is: Initially entering State employment; or Currently employed by the State and seeking employment in a designated mandated position. “Applicant” includes an individual: Requesting reinstatement to a mandated position with the Department after the individual has been separated from the Department for more than 3 years; or Being reinstated to a mandated position with the Department as ordered by an administrative body or court if the individual has not been actively performing duties and responsibilities of the mandated position for more than 3 years. “Appointing authority” has the meaning stated in State Personnel and Pensions Article, §1-101(b), Annotated Code of Maryland. “Evaluation instrument” means a professionally developed test and protocol used by personnel managers in many fields to assess applicants for employment. Licensed Mental Health Care Professional. “Licensed mental health care professional” means an individual duly licensed, registered, or certified according to State requirements to work in the mental health field. “Licensed mental health care professional” includes, but is not limited to, a: Psychiatrist; Psychologist; Social worker; Professional counselor; or Psychiatric nurse. “Mandated position” has the meaning stated in COMAR 12.10.01.01B. “Psychological screening” means a process by which a licensed mental health care professional uses an evaluation instrument and, if appropriate, a personal interview to determine whether an applicant is mentally or emotionally suitable to perform the duties and responsibilities of a certain mandated position. An applicant for employment in a mandated position designated by the Department as requiring psychological screening shall participate in the Department's psychological screening process if the applicant is: Initially entering State employment; Currently employed by the State and seeking employment in a designated mandated position; Requesting reinstatement to a mandated position after separation from the Department for more than 3 years; or Being reinstated to a mandated position as ordered by an administrative body or court if the applicant has not been actively performing duties and responsibilities of the mandated position for more than 3 years. Before an applicant under §A of this regulation participates in psychological screening, the appointing authority, or a designee, shall, at a minimum, ensure that the applicant has: Met the selection standards under COMAR 12.10.01 for the mandated position; Met the requirements for a background investigation and criminal history record check under COMAR 12.10.01; and If applying under §A(1) or (2) of this regulation, received a conditional offer of employment for the mandated position. The manager of the Employee Health Services Unit shall: Establish and maintain a list of mandated positions that require psychological screening; and Distribute the current list and any updates to each Department appointing authority, or a designee. If the applicant accepts a conditional offer of employment or is being reinstated after separation or pursuant to an order by an administrative body or court and is otherwise eligible for employment in a mandated position, the appointing authority, or a designee, shall ensure that the applicant is scheduled for psychological screening by: Completing a psychological screening worksheet; and Forwarding the completed worksheet to the Department's Employee Health Services Unit. Upon receipt of a request for psychological screening, the Employee Health Services Unit shall schedule the psychological screening and notify the appointing authority, or a designee, of the following concerning the scheduled psychological screening: Date; Time; and Location. Upon receiving notice of the scheduled psychological screening, the appointing authority, or a designee, shall notify the applicant in writing: Of the information under §B of this regulation; That the applicant shall produce photographic identification at the time of the psychological screening; and Of procedures for rescheduling a psychological screening under Regulation .05 of this chapter. Except for the provisions under Regulation .05 of this chapter, if an applicant scheduled for psychological screening does not appear for the psychological screening as notified under §C of this regulation: The conditional offer of employment is automatically withdrawn or the reinstatement process is discontinued; and The applicant is subject to the conditions under Regulation .08 of this chapter. Procedure for Rescheduling. The Department's Employee Health Services Unit may reschedule a psychological screening if there is a conflict between an applicant's schedule and the schedule established for the psychological screening. An applicant requesting to reschedule a psychological screening shall: Make the request in writing; Include in the written request reasons to support rescheduling the psychological screening; and Forward the written request to the Department's Employee Health Services Unit with a copy to the appointing authority, or a designee, making notification under Regulation .04C of this chapter. If the Department's Employee Health Services Unit determines that the conflict is valid, the Department's Employee Health Services Unit shall reschedule the psychological screening according to the procedures under Regulation .04 of this chapter for scheduling a psychological screening. Unless the applicant requesting to reschedule the psychological screening receives notification of a rescheduled psychological screening, the applicant shall appear for the psychological screening as originally notified under Regulation .04 of this chapter. If an applicant does not appear as notified for a rescheduled psychological screening, the licensed mental health care professional shall notify the: Department's Employee Health Services Unit; and The appointing authority requesting the psychological screening. An appointing authority receiving notification under §B of this regulation shall notify the applicant, in writing, of the conditions under Regulation .08 of this chapter. The Department shall use an evaluation instrument to conduct psychological screening. Once an applicant completes the psychological screening, the licensed mental health care professional shall forward the completed evaluation instrument to the individual designated by the Department's Employee Health Services Unit to score the evaluation instrument. Within 5 days of scoring the evaluation instrument, the person scoring the evaluation instrument shall forward the scored evaluation instrument to the licensed mental health care professional who conducted the psychological screening. Upon receiving a scored evaluation instrument under Regulation .06 of this chapter, a licensed mental health care professional shall: Review the scored evaluation instrument; and Advise the appointing authority, in writing, of one of the following recommendations: The applicant is suitable for employment in the mandated position; That further evaluation of the applicant is required before a recommendation can be made regarding suitability for employment in the mandated position; or The applicant is not suitable for employment in the mandated position. If the licensed mental health care professional recommends that the applicant requires further evaluation, the licensed mental health care professional shall: Schedule the applicant for a personal interview with the licensed mental health care professional; Notify the applicant and the appointing authority requesting the psychological screening, in writing, of the date, time, and location of the personal interview; Include in the notification under §B(2) of this regulation the provisions for rescheduling the personal interview according to the procedures under Regulation .05 of this chapter for rescheduling a psychological screening; Obtain and review the applicant's background investigation material; Conduct the personal interview; and Following the personal interview, notify the appointing authority requesting the psychological screening, in writing, of the recommendation as to the applicant's suitability for employment in the mandated position under §A(2) of this regulation. If the applicant does not appear for the original or a rescheduled personal interview: The licensed mental health care professional shall notify the appointing authority, or a designee, requesting the psychological screening; and The appointing authority, or a designee, notified under §C(1) of this regulation shall notify the applicant, in writing, of the conditions under Regulation .08 of this chapter. If an applicant does not appear for a rescheduled psychological screening or personal interview, the appointing authority may not consider the applicant for employment in the mandated position with the Department for 1 year from the date of the last application. If, following the review of a scored evaluation instrument under Regulation .07 of this chapter, the licensed mental health care professional does not recommend the applicant as suitable for employment in the mandated position, an appointing authority may not consider the applicant for employment in a mandated position with the Department for 3 years from the date of the most recent application for employment in a mandated position. An appointing authority, or a designee, shall maintain the results of, and other information related to, a psychological screening in a manner that ensures confidentiality and compliance with the legal requirements for the retention of employment medical records. Correctional Services Article, §2-109, Annotated Code of Maryland Effective date: December 17, 2007 (34:25 Md. R. 2212) Effective date: April 11, 1994 (21:7 Md. R. 531) Chapter repealed effective November 26, 2001 (28:23 Md. R. 2054) These regulations provide policy and procedures for administration of inmate welfare funds at Department of Public Safety and Correctional Services (Department) correctional and detention facilities. In this chapter, the following terms have the meanings indicated. Terms Defined. Commissary. “Commissary” means a contractual service operation from which an inmate may purchase food, health items, and other sundry merchandise to enhance the inmate’s health and welfare needs. “Commissary” does not include a cafeteria or lunchroom. Inmate. “Inmate” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland. “Inmate’ includes an individual referred to as a: Resident; or Detainee. “Emergency” has the meaning stated in COMAR 21.01.02.01. “Emergency procurement” means the acquisition of goods or services under COMAR 21.05.06.02. “Inmate welfare fund” means a fund used to benefit the general inmate population that is derived primarily from commissions from vendors who provide: Commissary services; Vending machines services. “Managing official” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland. Each Department correctional or detention facility shall establish and maintain an inmate welfare fund according to this chapter. The Inmate Welfare Fund Board (Board) shall oversee inmate welfare fund administrative activities. Board membership shall consist of the following Department personnel: Secretary (Chairman); Deputy Secretary for Operations (DSO); Deputy Secretary for Administration (DSA); Commissioner of Correction; Commissioner of Pretrial Detention and Services; Director of Patuxent Institution; Assistant Attorney General assigned to the Department (Principal Counsel); Chief Financial Officer; and Director of Procurement Services. The Board, at a minimum, shall: Review existing and proposed cost allocations for Department inmate-related programs to determine the use of inmate welfare funds in the subsequent budget year; Identify and quantify priority projects to be supported with inmate welfare funding; Identify the type of expenditures that require Board approval; Identify the type of expenditures and the dollar amount delegated to Operations that may be disbursed without Board approval; Determine the amount each Department correctional and detention facility’s inmate welfare fund is obligated to contribute to Department inmate-related programs; and Prepare a year-end report that identifies all inmate welfare fund revenues and expenditures by type and dollar amount for the previous fiscal year. The Board, at a minimum, shall meet twice each fiscal year. The Deputy Secretary for Operations shall provide administrative support staff for the Board who shall: Schedule meetings; Document Board discussions and decisions; File and maintain records of discussions and decisions; and Perform other duties related to Board activities. Inmate welfare funds are reserved for the following Department programs and services: Inmate Grievance Office; and Priority inmate-related projects. Each managing official shall have the authority to approve inmate welfare fund expenditures authorized by the Board under Regulation .03 of this chapter, if: The facility maintains adequate inmate welfare funds to make the required contribution to Department-related programs listed under §A of this regulation before the end of each fiscal year; and The available balance of the facility inmate welfare fund does not drop below zero after the expenditure is made. Before a managing official uses inmate welfare funds to procure goods or services that have not been authorized by the Board, the managing official shall obtain authorization from the Board. A request to the Board under §C of this regulation shall include: The facility to which the expenditure is to be charged; A description of the item to be purchased; The total amount of the proposed expenditure with detailed cost information as appropriate; Justification for the proposed expenditure; and The current inmate welfare fund account balance at the facility. A copy of the Board’s approval of a request submitted under §C of this regulation shall be attached to the related purchase order. If applicable, interest earned on inmate welfare fund money, except for operating expenses, shall be deposited in the inmate welfare fund. Correctional Services Article, §§2-109 and 10-502, Annotated Code of Maryland Effective date: August 15, 1994 (21:16 Md. R. 1384) Chapter revised effective August 16, 2004 (31:16 Md. R. 1256) Regulation .01 amended effective March 2, 2015 (42:4 Md. R. 434) Regulation .02B amended as an emergency provision effective September 23, 2013 (40:21 Md. R. 1772); emergency status expired 1/1/2014 Regulation .02B amended effective March 2, 2015 (42:4 Md. R. 434); October 9, 2017 (44:20 Md. R. 946) Regulation .03 amended as an emergency provision effective September 23, 2013 (40:21 Md. R. 1772); Regulation .03 amended effective March 2, 2015 (42:4 Md. R. 434); October 9, 2017 (44:20 Md. R. 946) Regulation .04 amended as an emergency provision effective September 23, 2013 (40:21 Md. R. 1772); Regulation .04 amended effective March 2, 2015 (42:4 Md. R. 434) Regulation .04A, D amended effective October 9, 2017 (44:20 Md. R. 946) Regulation .05 adopted as an emergency provision effective September 23, 2013 (40:21 Md. R. 1772); Regulation .05 adopted effective March 2, 2015 (42:4 Md. R. 434) The purpose of this chapter is to establish requirements for the licensing and operation of private home detention monitoring agencies. In this chapter, the following terms have the meanings indicated. Terms Defined. “Approved location” means the monitored individual's residence and any location designated by the court where the monitored individual is permitted to be. “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. “Continuously signaling” means a type of electronic monitoring that: Uses a transmitter affixed to a monitored individual, a receiver and dialer, telephone, and host computer; and When used in proper combination: Continuously detects whether the monitored individual is at the approved location, and Detects and notifies a private home detention monitor of the time that the monitored individual leaves the approved location. “Escape” means an act in which a monitored individual violates any restriction on movement imposed under the terms of a home detention order or agreement. “Home detention” means a system of monitoring that requires a monitor to: Verify the activities of a monitored individual while in the community; and Determine the monitored individual's presence at an approved location, using either: Continuously signaling, or Satellite monitoring. “License” means a certificate issued by the Secretary authorizing the licensee to operate a business that provides monitoring services for a fee to a monitored individual. “Licensee” means a person who has been issued a license. “Monitor” means a private home detention monitor as defined in §B(12) of this regulation. “Monitored individual” means an individual who is under a court order that requires monitoring by a private home detention monitoring agency. “Monitoring” means the activities by which a private home detention monitoring agency determines the location or activities, or both, of a monitored individual. “Monitoring agency” means a private home detention monitoring agency as defined in §B(13) of this regulation. “Private home detention monitor” means an employee or owner of a monitoring agency who performs, within the State, the activities by which a private home detention monitoring agency determines the location or activities, or both, of a monitored individual. “Private home detention monitoring agency” means a person conducting a business that provides home detention for a fee to a monitored individual. “Satellite monitoring” means a type of electronic monitoring that: Uses a transmitter affixed to a monitored individual, wireless and land line communication devices, and host computer; and When used in proper combination: Continuously detects the location of the monitored individual, and Detects and notifies a private home detention monitor of the monitored individual's location at all times. “Secretary” means the Secretary of Public Safety and Correctional Services or the Secretary's designee. “Statement attesting to good character and reputation” means a notarized statement made under oath by a reputable citizen, having no financial or other interest in a private home detention monitoring agency, who resides in the county of residence of the subject individual, attesting to the good character and reputation of the subject individual. “Working day” means a day other than Saturday, Sunday, or a legal holiday. A private home detention monitoring agency may not operate in the State without a license. The license is not transferable to any other person. The licensee shall obtain a branch office license certificate from the Secretary for each of its branch offices. The license or renewal license certificate shall be prominently displayed in each office and branch office of the licensee. Initial Application for License. An applicant shall submit an application for a license on a form provided by the Secretary. If the applicant is an individual: The applicant shall be 18 years old or older; and The application shall be signed under oath by the applicant. If the applicant is a corporation, partnership, business trust, limited liability company, or other entity, the application shall be signed under oath by each partner, director, and officer. The applicant shall submit with the application: A nonrefundable application fee in the amount of $500; Proof of general liability insurance covering all activities of the applicant in an amount not less than $100,000; A bond that is conditioned on the faithful and honest conduct of the applicant and runs to the State of Maryland for the benefit of any person injured by any wrongful act of the applicant that is willful or malicious, in an amount not less than $2,500; Proof of application for State and national criminal history records checks, on a form provided by the Secretary; Three statements attesting to good character and reputation, for each of the following: The applicant, if the applicant is an individual, Each partner, director, and officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity, and Each private home detention monitor employed or listed on the application to be employed by the applicant; A statement, on a form provided by the Secretary, that training in the monitoring agency's policies, procedures, and electronic monitoring equipment has been provided to each of the following: The applicant, if the applicant is an individual, A partner, director, or officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity, and Each private home detention monitor employed or listed on the application to be employed by the applicant; and A statement on a form provided by the Secretary, that the applicant has the demonstrable ability to provide either satellite monitoring or continuously signaling electronic monitoring. Within 45 days of receipt of an initial application, the Secretary shall: Return an incomplete application, with instructions for completion; Grant the application and issue a license to the applicant; or Initiate a complaint and issue a notice for denial of a license under Regulation .10B of this chapter. An initial license is valid for 2 years from the date issued, unless earlier suspended or revoked. At least 2 months before the expiration of a license, the Secretary shall send by U.S. mail to the licensee, at the licensee's last known address, a renewal application, and a notice that states: The date the current license expires; The amount of the renewal application fee; That the renewal application must be received by the Secretary at least 21 days before expiration of the current license to avoid a lapse in licensure and the imposition of late fees; and That a false statement on the renewal application is cause for license denial or revocation. Renewal Application. A licensee shall submit a renewal application on a form provided by the Secretary. If the licensee is an individual, the renewal application shall be signed under oath by that individual. If the licensee is a corporation, partnership, business trust, limited liability company, or other entity, the renewal application shall be signed under oath by each partner, director, and officer. The licensee shall submit with the renewal application: A nonrefundable renewal application fee of $100; Proof of general liability insurance covering all activities of the licensee in an amount not less than $100,000; A bond that is conditioned on the faithful and honest conduct of the licensee and runs to the State of Maryland for the benefit of a person injured by any wrongful act of the licensee that is willful or malicious, in an amount not less than $2,500; Certification, on a form provided by the Secretary, together with supporting documentation, that the monitoring agency has paid all withholding taxes, Social Security taxes, and other governmental obligations as an employer for the preceding 2 years; A certificate of compliance issued by the Workers' Compensation Commission or the policy or binder number of workers' compensation insurance, as provided by Labor and Employment Article, §9-105, Annotated Code of Maryland; A receipt from the State Comptroller's Office, or other documentation authorized by the Secretary, showing that the monitoring agency has paid State income tax liabilities for the preceding 2 years; A late fee of $10 per day if the application is not received by the Secretary at least 21 days before expiration of the current license; A statement, on a form provided by the Secretary, that training in the monitoring agency's policies, procedures, and equipment has been provided to each of the following: The licensee, if the licensee is an individual, A partner, director, or officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity, and Each private home detention monitor employed or listed on the renewal application to be employed by the licensee; and A statement, on a form provided by the Secretary, that the applicant has the demonstrable ability to provide either satellite monitoring or continuously signaling electronic monitoring. Within 21 days of receipt of a renewal application, the Secretary shall: Return an incomplete renewal application, with instructions for completion; Grant the renewal application, and issue a renewal license; or Initiate a complaint and issue a notice for denial of a renewal license under Regulation .10B of this chapter. If a complete renewal application is received by the Secretary at least 14 days before the expiration of a license, and if a renewal license is not issued before the expiration of the current license, the current license shall continue to be in effect until either: The renewal application is granted and a renewal license is issued; or The renewal application is denied, and the time for seeking judicial review of the denial has expired. A renewal license is valid for 2 years from the date of expiration of the current license, unless suspended or revoked. A licensee shall maintain an office in the State. A licensee shall keep in an office in the State all files or other records that: Are made in the State; and Relate to individuals monitored by the licensee. Notice of Addition or Deletion of Branch Office or Change of Address. A licensee shall submit, within 21 days, written notice to the Secretary of the addition or deletion of a branch office, or a change of address of an office of the licensee. The notice shall be accompanied by a photocopy of the relevant license. Any license superseded by an amended license shall be returned to the Secretary. A licensee shall submit, within 5 working days, written notice to the Secretary of the following: The departure of a partner, director, officer, or monitor; The arrest or conviction of a partner, director, officer, or monitor for a misdemeanor or felony; The cancellation or forfeiture of the insurance or bond required by this chapter; A change in the telephone or pager number by which the licensee may be reached during business and nonbusiness hours; The loss or destruction of a license; or Knowledge that a previous statement made to the Secretary by the licensee in an application, notice, communication, or document is false or misleading. Before a licensee adds a partner, director, or officer, or employs a monitor, the licensee shall submit to the Secretary, on a form provided by the Secretary, information and documentation pertaining to that individual that is required as part of the initial application for license in Regulation .04 of this chapter. A licensee shall maintain a daily count of the number of monitored individuals enrolled with the monitoring agency. By the 15th day of each month, a licensee shall submit to the Secretary a report, on a form provided by the Secretary that includes, but is not limited to, the following information for the preceding calendar month: The number of monitored individuals being monitored on the first day of the month, categorized by the type of electronic monitoring used; The number of monitored individuals for whom monitoring was initiated during the month, categorized by the type of electronic monitoring used; The number of monitored individuals for whom monitoring was ended during the month, categorized by the type of electronic monitoring used; The number of monitored individuals being monitored on the last day of the month, categorized by the type of electronic monitoring used and county served; The number of monitored individuals who violated the court order or program rules, and the number of monitored individuals removed from monitoring for a violation, categorized by the type of monitoring used; The number of instances for which the licensee was required to provide notification in accordance with Business Occupations and Professions Article, §20-401, Annotated Code of Maryland for a monitored individual who: Violates a condition of home detention monitoring; Tampers with home detention monitoring equipment or fails to maintain home detention monitoring equipment as required by a court order; or Enters an area that the monitored individual was expressly prohibited from entering as a condition of pretrial release or probation; The number of instances for which the licensee provided notification as set forth in §G(6) of this regulation; The number of monitored individuals who, in violation of a condition of release to private home detention, received a new criminal charge or conviction; and For each monitored individual indicated in §G(8) of this regulation, provide: The full name of the monitored individual; The monitored individual’s supervising judicial jurisdiction; A written explanation of the condition violated by the monitored individual; and The date the court was notified of the violation. A licensee shall submit to the Secretary documentation, as may be requested during an audit or investigation, to substantiate compliance with this chapter. A licensee shall maintain on a continuous basis: Appropriate permits and licenses required to do business in areas which are zoned to permit the operation of the business; Corporate and tax records required by the laws of Maryland; General liability insurance in an amount not less than $100,000; A surety bond of not less than $2,500; and Training consisting of education in the monitoring agency's policies and procedures, and instruction in the use of electronic monitoring equipment. The monitoring agency licensee shall receive training in the use of electronic monitoring equipment from the manufacturer or its authorized representative. Before the submission of an initial application for a license and the addition of a partner, director, officer, or monitor, the following individuals shall apply to the Central Repository for State and national criminal history records checks: The applicant, if the applicant is an individual; Each partner, director, and officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity; Each private home detention monitor employed or listed on the application to be employed by the applicant; and Each added partner, director, officer, or monitor. An individual applying for State and national criminal history records checks shall submit to the Central Repository: Completed forms required by the Director of the Central Repository; Two sets of legible fingerprints taken at a State or local law enforcement office in the State or other location approved by the Secretary; The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and The fee required by the Criminal Justice Information System as authorized by Criminal Procedure Article, §10-221(b)(7), Annotated Code of Maryland, for a State criminal history records check. The Central Repository shall: Notify the Secretary of the receipt of an application; Process the State and national criminal history records checks; Provide to the Secretary a conviction only criminal history records check; and Send to the subject individual by U.S. mail a printed statement listing a finding of a felony conviction. Finding of a Felony Conviction. A finding of a felony conviction may be contested by the subject individual by submitting to the Director of the Central Repository, within 30 days of the date of the printed statement, a written request for a hearing. If a written request for a hearing is received by the Director of the Central Repository within 30 days of the date of the printed statement, the matter shall proceed in accordance with COMAR 12.15.03.10. Notwithstanding any provision in COMAR 12.15.03.10, a failure by the subject individual to appear at a scheduled hearing shall result in dismissal of the proceeding. If a written request for a hearing is not received by the Director of the Central Repository within 30 working days of the date of the printed statement, or if the Director of the Central Repository does not make a final determination that the subject individual has no felony conviction, the individual is ineligible to be a monitor. If the subject individual is a partner, director, officer, applicant, or licensee, the applicant or licensee is ineligible for a license and this ineligibility may be the basis for a complaint initiating a proceeding for: Denial of a license application; or Suspension or revocation of a license. A monitoring agency using continuously signaling equipment to monitor an individual shall: Maintain equipment in good working order that is capable of monitoring 24 hours a day using a transmitter affixed to a monitored individual, a receiver and dialer, telephone, and host computer; Inform the monitored individual about the use of the equipment; Test the equipment before use; Ensure the proper installation of the equipment on the monitored individual and, if applicable, at the individual's approved location as ordered by the court; and Electronically monitor the monitored individual at an approved location, except for a time specified by the court order or a time of an approved activity, or both. A monitoring agency using satellite monitoring equipment to monitor an individual shall: Maintain equipment capable of tracking a monitored individual 24 hours a day using global positioning satellite, cellular, or wireless technology; Inform the monitored individual about the use of the equipment; Test the equipment before use; and Ensure the proper installation of the equipment on the monitored individual and, if applicable, at the monitored individual's approved location. Within 6 months of initial licensing, the licensee shall have and enforce the following written policies and procedures: A written policy and procedure governing the orientation of a monitored individual before the activation of monitoring equipment, which shall include instructions regarding the following: Equipment use and care, Expectations for others at the approved location, Rules and regulations of the monitoring agency, Internal complaint process, Access to case records by the monitored individual, attorneys, and the court, Emergency situations, A change in the monitored individual's schedule, The process for the termination of monitoring, and Notification that a violation of the home detention order or agreement may be considered an escape and subject to prosecution and imprisonment, which includes the requirement that the monitored individual sign an acknowledgement of this notification; A written policy and procedure governing the enrollment of a newly received individual in the monitoring agency, which includes provisions for the following: Verification of a legal document noting the conditions and stipulations ordered by the court, A system of identification of the monitored individual, Collection of personal data pertaining to the monitored individual, Approval by the leaseholder or owner of the approved location, Approval by the owner of the required telephone service, Verification of the monitored individual's approved location, Notification to the court that the monitored individual is enrolled in the monitoring agency's program, specifying the type of electronic monitoring to be used, and Installation of appropriate electronic monitoring equipment on the monitored individual or at the monitored individual's approved location, or both, if required; A written policy and procedure for establishing the monitored individual's schedule as ordered or permitted by the court, including, but not limited to: Establishment of the initial schedule signed and dated by the monitored individual and the monitor who prepared it, Modification of the schedule to allow for court-approved activities, A temporary court-approved change, initialed by the monitor making the change, and Review of the schedule with the monitored individual at least monthly, signed and dated by the monitored individual and the monitor; A written policy and procedure governing fees, including: Establishing the fee to be charged to a monitored individual, Collection of fees, Action to be taken against a monitored individual who is in arrears, and Recording of fee payments received; A written policy and procedure governing the monitoring of an individual which includes provisions for the following: Enough monitors on duty so that the number of individuals being monitored does not pose a threat to public safety, but not less than one monitor on duty and one on call and available 24 hours a day, 7 days a week, Drug or alcohol testing, or both, of a monitored individual as ordered by the court, In-person contact by a monitor as ordered by the court, but not less than monthly, Circumstances for a monitor's visit to the monitored individual's approved location, Verification of the monitored individual's attendance at, and status of, employment or a court-ordered activity, or both, and Immediate notification to the local law enforcement agency, and next working day notification to the court that ordered home detention, the State's attorney and the supervising probation agent, if applicable, when a monitored individual is determined to have escaped; A written policy and procedure for the verification of the monitored individual's participation in court-ordered work and other community activities, including provisions for: Documentation of scheduled activities, which shall be provided not less than every other week, and Documentation of unscheduled activities, which shall be provided as soon as possible, but not later than the next working day; A written policy and procedure on the transportation of a monitored individual by a monitor in a vehicle that is properly licensed and insured for that purpose, or a policy prohibiting a monitor from transporting a monitored individual; A written policy and procedure governing the termination of monitoring an individual, which includes provisions for: Verification of identity, Authorization to discharge the monitored individual, and Notification to the court and to affected agencies and individuals as required by law or ordered by the court; In accordance with Business Occupations and Professions Article, §20-401, Annotated Code of Maryland, a written policy and procedure governing when a monitor is required to notify the court, the designated law enforcement agency, and the Division of Parole and Probation if private home detention monitoring is a condition of probation, when a monitored individual has: Violated a condition of home detention monitoring; Tampered with home detention monitoring equipment or failed to maintain home detention monitoring equipment as required by a court order; and Entered an area that the monitored individual is expressly prohibited from entering as a condition of pretrial release or probation; A written policy and procedure that includes provisions for a backup source of power, the resumption of monitoring, and notification to the appropriate authority, detailing plans for the following emergencies at the monitored individual's approved location: Power outage, Loss of telephone service, Fire, Flood, Malfunction of equipment, and Other emergencies; A written policy and procedure detailing contingency plans for the monitoring agency's operation, which includes provisions for: Power outage or loss of telephone service, Death, serious illness, incapacitation, or personal emergency of a monitor, Financial hardship or insolvency of the monitoring agency, Movement of monitoring equipment or the transfer of monitoring services if the monitoring agency's office becomes unusable, Prompt notification to the government agency responsible for supervising the monitored individual, and Prompt notification to the court that ordered the monitoring; A written policy prohibiting discrimination against a monitored individual with regard to programs, services, or activities on the basis of the following: Race, Religion, National origin, Gender, or Disability; A written policy and procedure ensuring that reasonable accommodations are made for an individual with a disability; A written policy and procedure ensuring that, at orientation and before monitoring starts, a monitored individual is given written information describing the program and the expectations for a monitored individual; A written policy prohibiting a monitored individual from supervising, monitoring, controlling, or exerting or assuming authority over another monitored individual; A written policy ensuring the right of a monitored individual to choose a monitoring agency unless otherwise ordered by the court; A written policy and procedure ensuring access by a monitored individual to information pertaining to the individual's monitoring if the individual is referred to the court for a program violation; A written policy and procedure ensuring that a monitored individual does not have unauthorized access to files, computers, and computer records of the monitoring agency; A written policy and procedure ensuring the confidentiality of, and methods of authorized access to, a case record by the monitored individual, a person in interest, and an individual or agency making a formal request, which includes provisions for: Identification of an individual authorized to approve access, Designation of materials subject to disclosure and restriction in accordance with applicable statutes and regulations, A form used by a monitored individual for consenting to the release of information, and A record of access decisions; A written policy and procedure establishing a case record for a monitored individual, which includes provisions for: Secure storage in a manner which prevents unauthorized access by a monitored individual, Specification of file content and order, A signature and date on documents and entries, Daily back-up of, and date and author's identity on, electronic documents, and Establishment of a records retention schedule with documentation of dispositions; A written policy and procedure ensuring the maintenance of payment records showing receipts of payments of fees; A written policy and procedure ensuring that electronic or paper records of the monitoring of a monitored individual are available: To an appropriate authority as soon as possible, but in not more than 2 working days, For at least 3 years after the monitored individual completes the monitoring program or until the next audit by the Maryland Commission on Correctional Standards, whichever is later; A written policy and procedure providing for the retention of a monitored individual's case record for not less than 3 years after the completion of monitoring services; A written policy and procedure ensuring that the monitoring agency office is secure when not occupied; A written policy and procedure governing the availability, control, accountability, storage, and use of electronic monitoring equipment, which includes provisions for: Secure storage, making equipment inaccessible to a monitored individual, Visual inspection, not less than once per month, of equipment worn by the monitored individual to determine its condition, A master listing and inventory, Availability of at least one complete backup unit for every 25 units in use, Responses to system malfunctions, Restricted password access to authorized staff of base station hardware, and Maintenance and cleaning of equipment; A written policy and procedure ensuring that an agreement with a contractor for monitoring services includes provisions for compliance with this chapter; A written policy and procedure prohibiting certain relationships with a monitored individual, including, but not limited to, the following: A monitoring agency or employee associating with an individual monitored by that agency, except in a professional relationship that will support the goals of the program, A monitoring agency or employee entering into another business relationship with a monitored individual or monitored individual's family during the monitoring, A monitoring agency or employee employing a monitored individual for at least 1 year after the termination of the monitoring, and A monitoring agency or employee engaging in criminal conduct or violating these standards; and A written policy and procedure ensuring that a monitoring agency or employee maintains confidentiality of records and information regarding a monitored individual. The licensee shall conduct an annual review of policies and procedures and orientation materials and ensure their availability to staff. The Secretary may deny an application for a license, suspend or revoke a license, or reprimand a licensee, for reasons including, but not limited to, the following: The applicant or licensee commits any act or fails to act as specified in Business Occupations and Professions Article, §20-314, Annotated Code of Maryland; The applicant or licensee violates any federal, State, or local law or regulation; The applicant or licensee fails to perform any order of the court pertaining to a monitored individual; Any partner, director, officer, or monitor of an applicant or licensee is not of good character and reputation for reasons including, but not limited to: Conviction of a felony, Conviction of a misdemeanor involving moral turpitude, or Violation of the laws or regulations governing monitoring agencies; The applicant or licensee provides to the Secretary a false or misleading statement or document; The applicant or licensee fails to meet the minimum standards of this chapter; or The applicant or licensee, or any employee of the applicant or licensee, has a relationship with a monitored individual that could reasonably result in reduced public confidence in the integrity of private home detention monitoring. Procedures for Denying a License to an Applicant, Suspending or Revoking a License, or Reprimanding a Licensee. A complaint shall be initiated by the Secretary or made to the Secretary. A complaint shall be in writing, signed by the complainant, and shall state the facts on which the complaint is based. A complaint to the Secretary shall be made under oath by the complainant. On receipt of a complaint, the Secretary shall investigate the complaint. At the conclusion of the investigation, the Secretary shall determine whether there is a reasonable basis for grounds for denial of a license or other penalty. If there is no reasonable basis, the complaint shall be dismissed by the Secretary with notice to the complainant. Notice of Action To Be Taken. On the basis of the allegation of a complaint which is not dismissed under this regulation, the Secretary shall determine the appropriate action and shall send by U.S. mail a notice to the applicant or licensee that action shall be taken unless the applicant or licensee submits, within 30 days of the date of the notice, a written request for a hearing. The notice shall include: A copy of the complaint; A reference to a pertinent law or regulation, or both; The action to be taken; and A copy of COMAR 12.11.04. If a written request for a hearing is not received by the Secretary within 30 days of the date of the notice, the Secretary shall take the action specified in the notice. If a written request for a hearing is received by the Secretary within 30 days of the date of the notice, the matter shall proceed in accordance with COMAR 12.11.04. Business Occupations and Professions Article, Title 20; Correctional Services Article, §§2-109 and 11-726, Annotated Code of Maryland Effective date: Regulations .01—.11 adopted as an emergency provision effective June 29, 1999 (26:16 Md. R. 1239); emergency status extended at 27:1 Md. R. 73; emergency status expired June 30, 2000 (Emergency provisions are temporary and not printed in COMAR) Regulations .01—.10 adopted effective August 7, 2000 (27:15 Md. R. 1401) Regulation .06G amended effective May 27, 2024 (51:10 Md. R. 528); March 30, 2026 (53:6 Md. R. 291) Regulation .09A amended effective March 30, 2026 (53:6 Md. R. 291) Effective date: Regulations .01—.15 adopted as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014