Except as otherwise provided, all regulations and policies of the Commission apply to both credit courses and programs and continuing education noncredit courses. This subtitle applies to the Baltimore City Community College except for the following: COMAR 13B.07.02.02B; COMAR 13B.07.02.03B(1) and (2); COMAR 13B.07.02.03C(1), D, E, and F; COMAR 13B.07.02.04C; COMAR 13B.07.02.06; COMAR 13B.07.03; and COMAR 13B.07.04.01, .03, .04, .05, and .06. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Board of trustees of a college” means the governing board of a college or system. College. “College” means a public community college or regional community college authorized to operate in Maryland. “College” includes Baltimore City Community College, except as provided in Regulation .01B of this chapter. “Commission” means the Maryland Higher Education Commission. “Continuing education course” means a course for which academic credit is not awarded. “Contract amount” means the total amount received by a college from a local, State, or federal contract, plus any other federal or State revenue related to the contract, excluding full-time equivalent student (FTE) State support. “County” means: A political subdivision of the State that supports a community college under Education Article, §16-201, Annotated Code of Maryland; and The total of all counties that support a regional community college under Education Article, §16-302, Annotated Code of Maryland. “County resident” means a student who has maintained a domicile in the county or region served by the college for at least 3 months before the date of enrollment at a college. Direct Costs. “Direct costs” means expenditures that are clearly incurred by the college in the fulfillment of a federal, State, or local contract or grant, and are explicitly related to the performance or fulfillment of the contract or grant. “Direct costs” includes salaries, wages, benefits, services, materials, and equipment. “Domicile” means: A student's permanent place of abode, where physical presence and possessions are maintained with the intention of remaining indefinitely; or The permanent place of abode of any person or persons contributing more than 1/2 of the student's financial support during the most recently completed year. “Dual enrollment student” means a secondary student who is enrolled in college courses and receives both high school and college credit for the courses completed. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. “Electronic signature” means an electronic sound, symbol, or process that is a protected entity, attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record. “Eligible employee” means a full-time, nontemporary employee of the college who is entitled to receive full employment benefits at the college. “Equated credit” means contact hours divided by 15. “Full-time day equivalent (FTDE)” means the total number of credit hours taught on campus between 8 a.m. and 5 p.m., divided by 15 credit hours. “Full-time equivalent faculty (FTEF)” means the number of full-time faculty plus the number of course credit hours eligible for State aid and taught by part-time faculty during a given fiscal year, divided by 30. “Full-time equivalent student” means the quotient of the number of student credit hours produced in the fiscal year which is 2 years before the fiscal year for which the State share is calculated, divided by 30. “Gifted and talented” means an elementary or secondary school student who is identified by professionally qualified individuals as having outstanding abilities in one or more of the following areas: General intellectual capabilities; Specific academic aptitudes; or Creative, visual, or performing arts. “Indirect costs” means the number of full-time equivalent (FTE) students taught under a training contract multiplied by the budgeted current year net cost per FTE for that college per the Annual Budget Report (form MHEC-CC-5), multiplied by the percentage of the adjusted current unrestricted expenditures in all functions other than instruction as reported in the current Annual Budget Report (form MHEC-CC-5) for that college. “Maryland resident” means a student who has maintained a domicile in Maryland for at least 3 months before the date of enrollment at a college. "PlanMaryland” means the State Development Plan prepared by the Maryland Department of Planning and filed with the Secretary of State on December 16, 2011. “Protected entity” means a process for verifying that an electronic signature is that of a specific person to whom the electronic signature is being attributed. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium retrievable in a perceivable form. “Secretary” means the Secretary of Higher Education. Standardized Test. “Standardized test” means a test distributed by external agencies for determining academic equivalence of knowledge or skills, or both. “Standardized test” does not include departmental or other examinations developed and administered by the college. Education Article, §11-105, and Title 16, Annotated Code of Maryland Effective date: January 26, 1998 (25:2 Md. R. 77) Regulation .02B amended effective September 17, 2001 (28:18 Md. R. 1622); June 23, 2003 (30:12 Md. R. 791); March 31, 2014 (41:6 Md. R. 380) A college shall adhere to the: Admissions requirements set forth in COMAR 13B.02.02; and Transfer requirements set forth in COMAR 13B.06.02. Gifted and Talented Students. A college may admit gifted and talented students. A gifted and talented student may enroll in programs or other college-level credit or noncredit courses, as determined by the appropriate college and school officials. Dual Enrollment Students. A college may admit dual enrollment students. A college may waive tuition and fees for dual enrollment students. A dual enrollment student may enroll in programs or other college-level credit or noncredit courses, as determined individually by the appropriate college and school officials. A college may not identify a continuing education course or a series of continuing education courses as credit programs. Procedures and Requirements for State Funding (Not Applicable to Baltimore City Community College). A college shall submit to the Commission enrollment information for all State-approved noncredit continuing education courses offered during a fiscal year. A college may not receive State funding for continuing education courses until the Commission approves the courses. A college shall conduct and advertise continuing education courses in accordance with the approved description, objectives, and title. A college shall teach continuing education courses for a minimum of 5 contact hours, unless a lesser number of hours is specifically approved by the Commission for purposes of certification or contracted training. The Commission may not approve recreational courses for State funding. A continuing education course shall be approved for a period of not less than 2 fiscal years unless the college has been otherwise notified in writing by the Commission. The Commission may not retroactively apply new submission and evaluation criteria to continuing education courses approved for State funding. A college shall maintain an open file of general course descriptions and course objectives for each continuing education course offered. A college shall retain original enrollment records for continuing education courses certifying student eligibility for State aid for at least 5 years. When two or more colleges jointly sponsor a noncredit continuing education course, participating students shall be enrolled, recorded, and registered by the college that will ultimately submit the request for State funding for the course. A student enrolled in continuing education courses for which State funding is requested shall pay tuition or fees, or both, unless otherwise permitted by State law. A college may not receive State funding for students younger than 16 years old enrolled in continuing education courses, unless otherwise permitted by State law. A high school student concurrently enrolled in continuing education courses that are part of the student's high school curriculum may not be submitted for State funding. An employee of the college who is enrolled in continuing education courses without payment of tuition, either through tuition waiver, tuition payment-reimbursement, or by direct finance of the course work by individual college departments, may not be submitted for State funding. Instruction in continuing education courses shall involve either direct or delayed faculty and student interaction which may include interactive video, live and video teleconferencing, and computer conferencing. A continuing education course that is approved for State funding shall be open to the public, except when the course is being offered under contract to meet employee training needs. College Policies. A college board of trustees shall adopt and publish in the college catalog or other public document a policy governing classification of students by domicile for tuition purposes. The classification of students by domicile shall be in accordance with this chapter. An individual's immigration status may not preclude award of Maryland residency under this policy if the individual has the legal capacity to establish domicile in Maryland. A college shall provide in its policy an opportunity for a student to request a change in residency classification or to appeal a current classification. The policy in §A of this regulation shall distinguish at least the following categories of students: Residents of the county or counties that support the colleges (not applicable to Baltimore City Community College); Maryland residents from outside the county or counties that support the college (not applicable to Baltimore City Community College); and Out-of-State residents. Tuition Requirements. Out-of-State students shall pay tuition in accordance with Education Article, §16-310(a), Annotated Code of Maryland (not applicable to Baltimore City Community College). Out-of-county or out-of-region students shall pay tuition in accordance with Education Article, §16-310(b), Annotated Code of Maryland. A student enrolled in a program designed as health manpower shortage, Statewide or regional by the Commission shall be considered a resident for tuition purposes. Contract Authorization (not applicable to Baltimore City Community College). A college may adopt a policy allowing it to enter into a contract to provide education or training for public or private sector employees or members with a public or private sector employer or nonprofit organization that maintains facilities, operates, or does business in the State. The contract may provide for a set contractual fee in place of payment of tuition under the following conditions: The employee or member is enrolled in credit or noncredit courses that will benefit the employer or nonprofit organization; The employer or nonprofit organization pays the fee charged by the college; and The fee reasonably reflects the usual costs charged to students in the same or similar courses. Contractual arrangements under this program may include customized training as well as employer-paid or organization-paid tuition and tuition reimbursement plans. The employees or members enrolled under this program are eligible to be considered Maryland residents for purposes of State aid. A student enrolling in a credit course or a noncredit continuing education course at a college shall indicate by electronic signature or in writing, on a form prescribed by the board of trustees of the college, whether the student is a resident of the State and the county or region (not applicable to Baltimore City Community College). The following students shall be considered to be Maryland residents (not applicable to Baltimore City Community College): Military personnel and their dependents who have a domicile in Maryland at the time of entrance into the armed forces and who are stationed outside the State; Military personnel stationed in Maryland and on active duty who did not have a domicile in Maryland at the time of entrance into the armed forces, and their dependents; A student enrolled in a program designated by the Commission as a health manpower shortage program; A student from outside the State who enrolls as part of a reciprocity agreement negotiated between Maryland and another state; and A returned Peace Corps volunteer under Education Article, §15-106.11, Annotated Code of Maryland, who is domiciled in the State and attends a public institution of higher education in the State. Nursing Students. A student from outside the State who is formally admitted and enrolled in an education program leading to licensure in nursing is considered a resident for tuition and State aid purposes if the student: Furnishes a surety bond or guaranteed promissory note to the Commission through the college, with security satisfactory to the Commission, that on completion of the nursing education program the student will work full-time in Maryland for at least 2 years in a hospital or related institution, as defined in Health-General Article, §19-301, Annotated Code of Maryland; Provides the surety bond or promissory note at the time of registration; and Reports the student's current address and employment status to the Commission each year after the student's graduation until the student's work obligation has been completed. Each college shall report by December 15 of each year to the Commission the total number of students participating in this program and the total dollar amount for the previous academic year. An individual who the college determines to be a Maryland resident in accordance with this regulation is considered a Maryland resident for purposes of State aid. If permitted by policy of the board of trustees, a faculty or staff member, or dependents of the faculty or staff member, may enroll in a class on a space-available basis without payment of tuition. A board of trustees may limit the conditions under which individuals may enroll without payment of tuition or the total number of classes in which they may enroll during a term. An individual who enrolls without payment of tuition because of status as an employee or dependent of an employee is not counted in the computation of full-time equivalent students for purposes of State funding (not applicable to Baltimore City Community College). Instead of a direct tuition waiver, a college may accomplish the purposes of this regulation by tuition deferment or tuition reimbursement if an individual so treated is not included within the computation of full-time equivalent students for purposes of State funding. A college may participate in the establishment of a foundation or foundations associated with it for the purpose of assisting the college to perform its mission. If one or more foundations associated with a college are established, the provisions in §§C—N of this regulation govern the college's activities in relation to the foundation or foundations. A college shall require as a condition of acceptance of funds from an affiliated foundation that an annual audit of the foundation's fiscal affairs is conducted by an independent certified public accountant, with sufficient detail to allow the college and boards of trustees to ascertain the purposes of expenditures, including the assurance that funds are accounted for and used in accordance with donor instructions. In addition, the audit report shall contain a management letter which specifically addresses the operating procedures of the foundation and recommends any corrective actions necessary to ensure fiscal propriety and efficiency. A college shall require as a condition of acceptance of funds from an affiliated foundation that the foundation provide the college with a detailed annual report of expenditures made to or on behalf of the college's employees which has been verified by the foundation's independent audit. A college may not accept funds from an affiliated foundation unless the foundation uses generally accepted accounting principles and practices. These need not be the same as those employed by the college. A college shall require that an annual report stating major activities, officers, and employees of the foundation is on file with the college and is available to the general public and other interested parties upon request. Since the basic purpose of a foundation is the enhancement of the college, a foundation may engage in any activity considered legitimate to a private corporation which does not conflict with law, its articles of incorporation, any applicable donor instructions, or the mission of the college. The board of trustees and the college shall monitor their relationship with an affiliated foundation to ensure compliance with the limitations in this section. The board of trustees shall develop and adopt specific regulations which deal with the relationship between the board, the college, and the foundation. In addition, these regulations shall be further supported by written agreements which are necessary to clearly delineate the structure of the relationship as well as stress the separate identities of college and foundation. These regulations and agreements shall deal with procedures for acceptance of contributions from the foundation, the use and reimbursement by the foundation of the college's facilities, resources and personnel, and the dual or supplemental employment of the college's employees by the foundation. The board of trustees shall ensure that all additional costs incurred by a college as a result of providing a service, resources, or a facility to the foundation are properly reimbursed by the foundation. To avoid possible confusion or misrepresentation to the general public, the board of trustees and the college shall ensure that all correspondence, solicitations, activities, and advertisements concerning the foundation are readily identified as being from the foundation. The board of trustees shall ensure that the college does not use foundation funds for the purpose of circumventing State policies or regulations by engaging in activities or making expenditures which have been denied the college for other than purely financial reasons. In addition to the provisions of §§C—K of this regulation, the board of trustees and the college may adopt any other regulations, policies, or guidelines necessary to guarantee the foundation's responsiveness to the college's mission and needs. A copy of the regulations adopted by each board of trustees, any changes to the regulations, and a listing of all associated foundations shall be supplied to the Commission upon request. There is an Optional Retirement Program established for the colleges. The Commission staff shall determine the eligibility of a college employee following the filing of a certification of professional position signed by the college president. A certification of professional position shall attest that the position: Requires, and the incumbent possesses, an earned baccalaureate or higher degree; Requires service of not less than half the working hours required of similar positions at the college, that is, the position is at least half-time; Requires use of skills which are predominantly mental or intellectual, rather than physical or manual; Is not considered by the college to be a clerical position; and Is not funded by federal or special funds, or from auxiliary enterprise operations. A college president or any employee may request an exception to the above eligibility criteria and shall provide relevant information necessary to determine whether the exception shall be granted in the particular case. Decisions on eligibility made by the Commission staff in accordance with this policy may be appealed to the Commission. In this regulation, “victim of human trafficking” means an individual who has been recruited, harbored, transported, provided, or obtained for labor, services, or a sexual act through the use of force, fraud, or coercion. A board of trustees of a college may, subject to a written policy adopted by the board of trustees, waive the out-of-county fee or out-of-region fee, as determined in Education Article, §16-310(b)(1), Annotated Code of Maryland, for a student who attends the college and: Is not a resident of the county; and Is a victim of human trafficking. A board of trustees that grants waivers under this regulation shall ensure that: Information collected or maintained by the college related to an individual’s application for a waiver, or related to an individual’s status as a victim of human trafficking, remains confidential and is subject to disclosure only upon the applicant’s written consent; An application for a waiver of the out-of-county or out-of-region fee contains evidence that the applicant is a victim of human trafficking, including: Certified law enforcement, court, or other federal or State agency records or files; Documentation from a human trafficking prevention or assistance program; or Documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a victim of human trafficking; and The college provides the applicant with the option of having any directory information about the applicant, including but not limited to the applicant’s name, address, photograph, email address, and phone number, remain confidential and subject to disclosure only upon the applicant’s written consent. A college that admits an individual who qualifies for a waiver of the out-of-county fee or out-of-region fee under this regulation shall: Keep a record of the number of individuals for whom a waiver was granted; and Report to the Commission annually on the number of individuals for whom a waiver was granted. Education Article, Titles 11, 15 and 16, Annotated Code of Maryland Effective date: January 26, 1998 (25:2 Md. R. 77) Regulation .01A amended effective August 22, 2022 (49:17 Md. 790) Regulation .03C amended effective April 15, 2002 (29:7 Md. R. 621) Regulation .03E amended effective June 23, 2003 (30:12 Md. R. 791) Regulation .03F amended effective August 21, 2023 (50:16 Md. R. 727) Regulation .07 adopted effective April 24, 2017 (44:8 Md. R. 405) A college shall annually prepare an operating budget and a capital budget request in accordance with applicable State law and procedures prescribed by the Commission in its Financial Guidelines and Procedures Manual and the Community College Facilities Manual, respectively. A copy of the approved operating budget shall be submitted to the Commission by July 1. A college shall use the budget functions established by the Commission, and each county governing body supporting a college shall make appropriations by these major functions. A college shall submit annually a signed financial and enrollment audit in accordance with this chapter. Performance of the Audit. The audit is to be conducted by an independent certified public accountant, and the cost of the audit shall be the responsibility of each college. An annual audit performed by an official auditor of a county shall satisfy the annual audit requirement if it otherwise meets the requirements of the statutes and this chapter and if the official auditor is approved by the Commission with the concurrence of the Legislative Auditor. The Legislative Auditor may perform the required annual audits. However, the Legislative Auditor shall give notice of the Auditor's intent to perform the annual audit of a college before the start of the fiscal year to be audited. The cost of this audit is the responsibility of each college. The Legislative Auditor may be directed to undertake special audits of a college by the Joint Budget and Audit Committee of the General Assembly. These audits are conducted at State expense. Selection of the Independent Certified Public Accountant. The selection of the independent certified public accountant who will conduct the audit is the responsibility of the local board of trustees for each college. The arrangements made with the independent certified public accountant shall: Be in writing; Specify that these regulations are being followed; and Be approved in advance by the college's board of trustees. The independent certified public accountant shall determine the nature and extent of the review required to render an opinion. Audit Requirements. An audit of a college shall be conducted in accordance with the American Institute of Certified Public Accountants Industry Audit Guide: Audits of Colleges and Universities, and in compliance with generally accepted auditing standards. If the auditor is unable to express an unqualified opinion on financial statements, a separate letter shall be submitted to the Commission by the college which indicates in detail management's plan to correct the problem so that the auditor can issue an unqualified opinion in the future. These letters shall accompany the financial statements when they are submitted to the Commission. Management Letter. A college shall require the independent certified public accountant to issue a management letter to the college which shall contain a listing of all material weaknesses in the college's system of internal controls. A copy of the auditor's management letter and the college's response to each item in the management letter shall be filed with the Commission. The auditor shall follow up on previous material weaknesses, the college's response, and the action taken by the Commission in ensuing years to ensure that controls have been implemented. Noncompliance with the auditor's recommendations shall be noted in future management letters. Each board of trustees shall engage the independent certified public accountant to perform an audit on the Annual Financial Report to the Commission (form MHEC-CC-4) which is a special purpose report required by the Commission. The independent certified public accountant shall render a report on the scope of the accountant's examination of the Annual Financial Report (form MHEC-CC-4) and express the accountant's opinion as to the fairness of the Summary Statement of Revenues and Expenditures and the enrollment data. Explicit references are required with regard to enrollment data and whether the principles and procedures governing the interrelationship between the current unrestricted general fund and the auxiliary enterprise fund result in a fair presentation of the current unrestricted general fund revenues and expenditures. The independent certified public accountant also shall prepare a reconciliation of any differences in total current general unrestricted revenues and expenditures as shown in the Annual Financial Report (form MHEC-CC-4) and those same revenues and expenditures as reflected in the audited financial statements. For purposes of expressing an opinion on the Annual Financial Report (MHEC-CC-4), the independent certified public accountant shall comply with §D(5)—(15) of this regulation. Full-time equivalent student enrollment shall be audited with the same diligence as applied to the financial statements, that is, the general standards and standards of field work apply to the enrollment audit. The specific tests of the enrollment records and the auditing procedures to be applied to the enrollment records are the responsibility of the independent certified public accountant. Full-time equivalent students equal total student credit or equated credit hours generated in a fiscal year divided by 30. Full-time equivalent enrollment: Is measured as of the end of the third week of classes each semester and after 20 percent of the time has lapsed for shorter sessions; and In credit or equated credit courses which continue for a period of time which is more or less than a semester, is measured at a point in time which is 20 percent of the total course time. Except as provided in COMAR 13B.07.02.03F and G, students shall be classified by their geographic area of residence to ensure that out-of-State students do not enter into the computation of full-time equivalent students for State aid purposes. A faculty or staff member, or dependents of the faculty or staff member of the college enrolled without tuition charge, may not be included in the computation of full-time equivalent students for the purposes of State aid. A college may not enter into a contractual agreement with an organization or institution which offers instruction resulting in credit or equated credit submitted for State aid to the college without the prior approval of the Commission. A college may not submit for State aid credits awarded to students for: Satisfactory completion of standardized tests of college-level performance, competency, or aptitude; or Work experience or life experience which does not require direct college instruction or supervision. Unless otherwise approved by the Commission, full-time equivalent enrollment is to be reported to the Commission within the fiscal year in which the courses are taught. Full-time equivalent enrollment in credit or equated credit courses that are conducted over the fiscal year end shall be reported in the fiscal year in which the courses are predominantly taught. An auditor shall direct particular attention to sections of the Commission general policies regarding contractual agreements with organizations offering instruction, State or federally funded contracts, and maintenance of effort by local subdivisions. When local, State, or federally funded contracts or grants, or both, pay for program or course costs, or both, State aid is not paid for that proportion of full-time equivalent students whose total costs are funded by the grant or contract. There is a clear distinction between the State's participation in support of current expenses and in support of construction projects, and this distinction shall be maintained in the college's accounts and reports. Transfer expenditures are included in adjusted current unrestricted operating expenditures only if the nature of the transfer coincides with the definition of an expenditure defined as a current general unrestricted fund expenditure. Encumbrances outstanding at year end shall be substantiated by written and approved purchase orders or contracts for the future delivery of goods or services not received as of June 30. In the preparation of financial statements, open encumbrances are to be reported under generally accepted accounting principles as a reservation of fund balance, since the commitments will be honored through subsequent year's expenditures. Open encumbrances outstanding at year end do not constitute expenditures or liabilities in the financial statements or in the Annual Financial Report (MHEC-CC-4). Filing Requirements. Three copies of the formal audit report, the financial statements, the management letter, recommendations, and the college's response to the management letter shall be filed with the Commission within 90 days of the close of each fiscal year. Three copies of the Annual Financial Report (form MHEC-CC-4) shall be filed with the Commission within 90 days of the close of each fiscal year. The copies shall be accompanied by a transmittal letter signed by the president of the college which indicates that the president is aware of the contents of the report. The Commission shall forward copies of the required reports to the Legislative Auditor to fulfill the requirements of the statutes. Extensions. A written request for an extension of time to file the required reports and the management letter shall be received by the staff of the Commission before the original due date. An extension of time is not normally granted for the Annual Financial Report (form MHEC-CC-4). A request for an extension of time for the Annual Financial Report may be considered if: Detailed reasons are stated that indicate why the reporting deadline cannot be met; The request indicates the estimated date the audit will be completed and the report filed; and The request is signed by the president of the college. If the Commission determines that satisfactory progress has not been made toward correcting material weaknesses or implementing any other audit recommendations that the Commission considers appropriate, the Commission shall declare that the college is subject to withholding of State aid if the problem is not corrected within a reasonable time specified by the Commission. The local government shall be notified about the potential for the withholding of State aid if corrective actions are not undertaken. When the Commission formally notifies the college in accordance with §A of this regulation, the Commission shall advise the college of the maximum amount of aid that is at risk. In arriving at this amount, the Commission shall consider the number and degree of materiality of the uncorrected management letter recommendation or recommendations. The amount withheld shall be not less than 10 percent of the estimated aid payment for the fiscal year in which aid is withheld. Aid withheld may not be subsequently reimbursed to the college. The Commission may require a college to consider an alternative response or require that the college provide a report about the progress made in correcting problems cited in the management letter, or both. In accordance with Education Article, §16-315(c), Annotated Code of Maryland, the Commission shall find that satisfactory progress has not been made toward correcting material weaknesses when a college management letter repeats a prior year recommendation that the college indicated it would correct, or that the Commission determined that the college should have corrected but did not. Upon making this finding, the Commission shall, after providing the college with an opportunity for a hearing on the matter, direct the State Comptroller to withhold State aid in the amount described in §B of this regulation. If a management letter recommendation is repeated but the Commission determines corrective actions are progressing on an acceptable timetable, then the Commission shall consider that satisfactory progress towards correction has been made and aid payments may not be withheld. This regulation applies to the submission of full-time equivalent students submitted for State aid. Funding Adjustment. If a federal, State, or local contract or grant is used to pay for a credit or a noncredit training program course cost, a college shall reduce the number of full-time equivalent students submitted to the State for funding by an appropriate amount as determined by the Commission, in order that the course costs are not reimbursed twice. The Commission may grant specific exceptions to the requirements in this section. Education Article, §11-105, and Titles and 16, Annotated Code of Maryland Effective date: January 26, 1998 (25:2 Md. R. 77) A college shall: Submit to the Commission for review and comment a proposal for any capital construction project, regardless of the source of the funds, in accordance with guidelines and procedures required by the Commission in the Maryland Community College Facilities Manual; In submitting a proposal for a project for which the college is not eligible or does not seek State participation, indicate: Why additional space beyond current guidelines is necessary, if applicable; and How the space will be used; and Before submitting educational specifications for new capital projects, submit to the Commission a letter of intent and program proposal, in accordance with COMAR 13B.02.02, for any new instructional program to be housed in the proposed facility. The Commission shall establish annually: A revised capital construction project priority list for purposes of State participation; and Enrollment projections to be used by the college to prepare capital construction projects. For purposes of determining the statutory limit on State financial participation in the college capital construction projects, the proposed capacity of the college in number of students shall be the approved projected 10-year full-time equivalent enrollment as adopted by the Commission. A college may not enter into an agreement to sell, lease, transfer, or otherwise dispose of real property in which the State has participated without the prior approval of the Commission and the subsequent approval of the Board of Public Works. Each college shall develop and submit by February 1 of each year a facilities master plan or an update to the current facilities master plan which supports the college's role and mission. The plan shall cover a period of not less than 10 years. Colleges should consider developing 20-year land use plans. A college should regularly review the college's facilities master plan. The plan shall be updated every 10 years or whenever major changes occur in the role and mission statements or in other plan components which have significant facilities implications. The facilities master plan shall include: An executive summary; A statement of the college's role and mission as described in §D of this regulation; Assessment and analysis of existing land and facilities and planning assumptions as described in §E of this regulation; Specific plans to meet identified needs, including: Land use, acquisitions, and divestiture plans; Building use; Restoration of facilities to satisfactory physical condition, including infrastructure; Need for renovations to meet programmatic standards, to provide more appropriate support for proposed uses, or to provide access for persons with disabilities; Vehicular and pedestrian circulation; Bike path plan; Sustainability; Utilities extensions and improvements; Long-range telecommunications plan needs which address the future requirements of the college for voice, data, video, and radio; New construction; A site development plan; and An approach for updating the plan; Provisions indicating that the Maryland Department of Planning Growth and Conservation map was considered; and An implementation strategy, including: A summary of individual projects with title, brief description, and projected cost in constant dollars; Recommended sequencing of projects including relative urgency of need and constraints which require that certain projects precede certain other projects; and The impact of implementation and consequences of non-implementation on educational programs, enrollments, and operating costs. Statement of the College's Role and Mission. This statement shall describe the most significant characteristics of the college which impact upon the college's facilities requirements, and shall be consistent with the college's approved role and mission statement. The statement shall, at a minimum, address the characteristics in §D(2) and (3) of this regulation. Enrollment information shall include: Overall size and composition of the student population; Enrollment by level and division and other significant characteristics, such as part-time population; and Enrollment projections, which shall be for the life of the plan, based upon the enrollment projections approved by the Commission. Characteristics to be addressed also include: Number of faculty and staff supporting implementation of the college role and mission; Student/faculty ratios and class sizes; Array of approved academic programs existing and projected during the life of the plan; Unique institutional characteristics; and Significant new initiatives planned which have facilities implications. Assessment and Analysis of Existing Land and Facilities and Planning Assumptions. All proposed new campuses or new site development shall be assessed and analyzed. The college shall use the Maryland Higher Education Commission site analysis and scorecard when evaluating sites for a new campus. This document is available from the Commission. The physical characteristics of the campus shall be described as well as the changes which are required to meet the objectives in the college's stated role and mission. All proposals for new campuses, new site development, and new facilities projects shall consider the Maryland Department of Planning Growth and Conservation map. At a minimum, the assessment and analysis required by this section shall include the following elements: A description of existing facilities and acreage; An assessment of the physical condition of buildings or an independent verification of condition assessments; An assessment of the functional adequacy of buildings, including discussion of the adequacy and appropriateness of space to support the activities of the faculty, students, and staff using the facilities; Utilization of existing facilities; Assessment of the physical condition and functional adequacy of the infrastructure; Adequacy of existing land; Capacity for future development; Assessment of environmental compliance; Space guideline calculations to provide one estimate of the space needed by type; and Identification of specific activities which need to be accommodated on the campus over at least the next 10 years. Review Process for Facilities Master Plans. A board of trustees approved new or updated facilities master plan shall be submitted concurrently to the Commission, the Department of Budget and Management, the Department of General Services, and the Maryland Department of Planning. The Commission shall review the plan with specific attention to: Consideration of the Maryland Department of Planning Growth and Conservation map; An assessment of how the plan supports the role and mission of the college; The current and projected enrollment and staff (full-time day equivalent students, full-time equivalent students, weekly student contact hours, full-time equivalent faculty, full-time equivalent staff) in relation to consistency with the approved role and mission statements and consistency with the approved Commission enrollment projects; The array of academic programs on which the plan is based for consistency with the approved role and mission statement; Space guideline calculations and proposed deviations from the guidelines; Library construction with regard to: New technologies in the areas of electronic information management, storage, and retrieval; Library commons; Library automation; and New forms of book storage such as compact shelving; The adequacy of facilities contained in the plan to accommodate the existing and proposed academic and support requirements at the college, including appropriate planning for telecommunications infrastructure and libraries; and Consistency with the Statewide Capital Improvements Plan. The comments of the Department of Budget and Management shall focus primarily on the review of space guidelines analysis, physical planning considerations, and cost/benefit considerations, and may not duplicate the Commission's analysis of enrollment and staffing projections and academic proposals. The Department of General Services and the Maryland Department of Planning shall concurrently submit questions and concerns to the Commission and the Department of Budget and Management. The Commission shall forward its questions and concerns to the Department of Budget and Management to facilitate a consolidated response to the college from the Commission and the Department of Budget and Management. The college shall provide a response addressing the questions and concerns and may choose to modify its plan as a result of the issues raised. If appropriate, a meeting including the review agencies and the college may be held to assure a coordinated approach to completing the review process. Final action shall consist of one of the following decisions: Unconditional endorsement of the plan as the basis for further development of the college involved; Conditional endorsement of the plan as the basis for further development of the college, with the conditions explicitly stated; or Return of the plan, with a request for resubmission with changes. The purpose of the Five-Year Capital Improvements Program and Annual Capital Budget Request process is to identify the capital improvement needs by project and by year for the 5-year period, to develop a Statewide plan of action for college capital improvements, and to establish priorities for the implementation of the plan. A college shall submit, by July 1 of each year, a 5-year capital improvements program. The first year of the program shall constitute the college's annual capital budget request. Projects identified in the program shall be consistent with the approved facilities master plan and should consider the Maryland Department of Planning Growth and Conservation map. The program shall be updated annually to reflect actual capital appropriations and any changes affecting project priorities within the program, as well as to add an additional year. Each year, the Commission shall establish a set of priority categories to guide colleges in the development of the 5-year capital improvements program and the annual capital budget request. The Commission shall assess requested projects using these priority categories. Components of the 5-year capital improvements program of a college shall include: Updated space guideline calculation tables; A 5-year summary of projects; Projects included in the annual budget request; Projects planned for the subsequent 4 years; and A brief description and justification of each project. Review Process for Five-year Capital Improvements Program. A facility program statement is required for each project to be considered for funding in the capital budget. The program statement consists of Part I/project justification and Part II/technical specifications. The college shall submit the Part I and Part II to the Commission, the Department of Budget and Management, the Department of General Services, and the Department of Planning no later than May 1 of the year that the college is requesting funding. The Commission review of the Part I/project justification shall focus on: Project consistency with college facilities master plans; Project justification with regard to the goals of the Statewide Plan, consistency with the college's role and mission, the programmatic needs of the college, the overall space needs of the college, and the adequacy and physical condition of existing facilities; Consideration of the Maryland Department of Planning Growth and Conservation map; and Prioritization of the project within the Commission's Statewide Five-Year Capital Improvements Program. The Part II/technical specifications shall be submitted by May 1 of the year in which the design funds are requested. The Part II/technical specifications review shall be conducted by the Department of Budget and Management, the Department of General Services, and the Maryland Department of Planning. If the timing of the project is such that design funds are being requested in the same year in which the project will first appear in the 5-year capital improvement program, then the Part I/project justification and the Part II/technical specifications shall be submitted simultaneously on May 1 of the year in which the request for design funds is submitted. As indicated in §B of this regulation, the first year of the 5-year capital improvements program constitutes a college's annual capital budget request. The Commission shall rank all projects, compile a system-wide request, and recommend an integrated annual capital budget to the Governor and the Legislature. The general location for each proposed college or addition to a college shall be selected by the board of trustees for the college concerned, and submitted for the approval of the Commission and the Board of Public Works through the Department of General Services, which shall seek comments and recommendations from the Maryland Department of Planning. The comments and recommendations shall be attached to and made a part of the document submitted to the Board of Public Works. Selection and purchase of a specific site shall be in accordance with this chapter. Specific Site Selection Procedure. The board of trustees of the college shall study the available sites and have prepared a report that ranks the available sites in order of preference. Technical data, including proximity within Maryland Department of Planning Growth and Conservation planning areas and a site check list, shall support this ranking. The board of trustees of the college may, at its discretion, authorize obtaining the following on any of the available sites as the board of trustees considers appropriate: Surveys; Appraisals; Test borings; and Title searches. State participation in these technical studies shall be limited to the study of one site. The college shall identify the specific tentative site selected and advise the Secretary of its selection. Material supporting the selection of the specific site in §C(4) of this regulation, including an analysis of alternative sites which were considered, shall be submitted to the Secretary. The Secretary shall submit these documents to the Department of General Services and the Maryland Department of Planning for their confidential review and findings. The board of trustees of the college, when it considers it desirable, upon written petition from the citizenry, or upon request by the county government, may conduct a public hearing. If a public hearing is held, formal minutes shall be taken and copies of these minutes shall be included as part of a formal submission to the Commission. The approval of a specific site shall be made in accordance with applicable local and State statutes. The Secretary shall notify the college of the responses of the Department of General Services and the Maryland Department of Planning. After the notification in §C(8) of this regulation, the board of trustees of the college shall authorize negotiations with the owner or owners and the obtaining of an option or options for a particular site purchase, contingent upon the approval of the Board of Public Works. The college shall request that the Secretary obtain the approval of the Commission to purchase the specific site. The Commission shall forward its recommendation together with the option or options, and two independent appraisals for each parcel, to the Board of Public Works through the Department of General Services for its final approval of the specific site. When it is not possible to obtain an option on a specific site or portion of a site, the board of trustees shall request the Secretary to inform the Board of Public Works that an option is not obtainable but that the board of trustees plans to proceed to acquire the specific site or portion of the site through other means. If condemnation is subsequently necessary, the board of trustees shall authorize that action and inform the Secretary. The Board of Public Works is not bound to approve State participation in any judgment rendered by a jury or court in condemnation proceedings. When a county desires State financial assistance for capital projects, the board of trustees for the college concerned shall, by resolution of the governing body of the county, request the filing of the necessary petition with the Commission. When the governing body of the county approves the request of the board of trustees for the college and wishes to apply for a grant under the applicable construction loan act, the governing body shall file with the Commission a petition including the detailed description of the proposed project. The Department of General Services and the Department of Budget and Management are responsible for certain aspects of monitoring and administering capital projects. A college shall comply with the specific requirements of these agencies. Architect Selection and Design Stage. The Secretary shall identify the source or sources of State funds and recommend the allocation for design. Before the Secretary's recommendation, the college shall submit a resolution and petition to the Secretary to request funds. During the design stages of a project, the college shall furnish net assignable space tabulation sheets to the Commission. After the space has been initially approved, justification for a subsequent increase of 10 percent or more shall also be provided. Procurement. The Secretary shall identify the source or sources of State funds and recommend the construction allocation before the Board of Public Works approval of the contract award. The Secretary's recommendation shall be based on the availability of bond funds. The Secretary's determination shall be transmitted to the Department of Budget and Management and the Department of General Services. Upon award of a construction contract and on a quarterly basis after that, the college board of trustees shall provide to the commission cash flow projections. The cash flow projections shall be adjusted as the project progresses and as significant changes are made. These projections form the basis of the Commission's request for the issuance of bonds to support the payment of the State's share. Project Management. The disbursement of State matching funds by the Department of General Services shall be made in accordance with applicable State policies. The local share of a project shall be expended before any expenditure of the State share. During the construction period, the Commission and the Department of General Services shall jointly maintain records on project status, cash flow projections, and bond funds. Detailed agency functions and responsibilities are outlined in the current edition of the Commission's Facility Manual for Community Colleges. Education Article, §11-105, and Title 16, Annotated Code of Maryland Effective date: January 26, 1998 (25:2 Md. R. 77) Regulation .01A amended effective December 19, 2016 (43:25 Md. R. 1385) Regulation .02 amended effective March 31, 2014 (41:6 Md. R. 380); December 19, 2016 (43:25 Md. R. 1385) Regulation .02A amended effective July 23, 2001 (28:14 Md. R. 1323) Regulation .03 amended effective March 31, 2014 (41:6 Md. R. 380) Regulation .03C amended effective December 19, 2016 (43:25 Md. R. 1385) Regulation .03F amended effective July 23, 2001 (28:14 Md. R. 1323); December 19, 2016 (43:25 Md. R. 1385) Regulation .04A amended effective December 19, 2016 (43:25 Md. R. 1385) Regulation .04C amended effective March 31, 2014 (41:6 Md. R. 380); December 19, 2016 (43:25 Md. R. 1385) This chapter provides guidelines for determining space needs that are eligible for capital funding by the State. The space allocation guidelines delineated in this chapter are to be used to compute suggested maximum allowances for a campus for each type of space in the National Higher Education General Information Survey (HEGIS) Space Classification System. These guidelines may not be used to design a specific space or facility. Any space architecturally designed, however, shall fall within the computed needs developed in Regulation .03 of this chapter. These regulations are not fixed standards and may be subject to modifications when justified as reflected in the Maryland Higher Education Commission's Community College Facilities Manual. The regulations shall be used by the Department of Budget and Management, the Department of General Services, the Maryland Higher Education Commission, and the Board of Public Works in evaluating both long-range planning and individual construction projects. Normally, projects shall be planned using a 10-year enrollment projection certified by the Secretary of Higher Education. On-campus full-time day (8 a.m. to 5 p.m.) students and part-time day students shall be equated to full-time day equivalent (FTDE) students. This count, used in conjunction with space factors, shall be the major basis for determining space needs. Only students attending the campus for which space needs are being computed shall be counted. The FTDE count for each college shall be certified by the Secretary. On-campus daytime weekly student contact hours (WSCH) shall be used to compute classroom and laboratory space needs. The WSCH shall be certified by the Secretary of Higher Education. Eligible noncredit contact hours may be included in computing space, and only on-campus hours shall be included. When reporting eligible noncredit contact hours, MHEC Form CC-S6 shall be used. Enrollment projections to be used by a college in applying these regulations should be consistent with the approved role and mission statement for that college. The enrollment projection should be that which is contained in the facilities master plan most recently endorsed by the Commission. Office space is based on the count of full-time equivalent faculty, full-time administrators, full-time librarians, full-time staff, and student officers as certified to by the Secretary. The space inventory to be used by a college in applying these regulations to determine eligibility for State funding is the total amount of on-campus space minus space contained in temporary structures. Temporary structures are those with an anticipated useful life of less than 15 years or those that were not intended to occupy space on campus for more than 15 years from original construction. The space inventory is recorded in terms of net assignable square feet (NASF). The space allowances computed under these guidelines are also recorded as NASF. Space allocation guidelines for college campuses are as follows: Room Use Category Space Factor by Size of FTDE HEGIS Code Space Base 3000 & Under 3001 & Up 100 Classroom Facilities WSCH1 1.50 1.11 110 Classroom 200 Laboratory Facilities WSCH2 7.00 5.83 210 Class Laboratory 220 Open Laboratory FTDE 4.20 4.20 300 Office FTEF3 166.00 166.00 FT Staff Student Offices4 320 Testing & Tutoring Centers FTDE5 Core of 1,500 NASF and 0.5 NASF/FTDE in excess of 1,500 FTDE. 400 Library 410 Study/Seating FTDE 6.25 6.25 420 Stack BVE6 .10- .10+ 400—455 Processing Percent of 420 with minimum of 1,200 NASF7 .40 .40 500 Special Use 520 Physical Education—Pool, Gym, and Fitness/Wellness Center FTDE8 Core of 28,000 NASF (consisting of 14,000 for a gym, 8,000 for a pool, and 6,000 for a fitness center) and 10 NASF/FTDE in excess of 1,500 FTDE and 6,000 NASF of service space (consisting of 3,500 for lockers and 2,500 for storage). 530 Audiovisual, Radio, TV FTDE Core of 1,600 NASF and 0.8 NASF/FTDE in excess of 1,500 FTDE up to 3,000 FTDE and 2 NASF/FTDE in excess of 3,000 FTDE. 580 Greenhouse Campus Core of 1,000 NASF 600 General Use 610 Assembly FTDE Core of 12,000 NASF and 2 NASF/FTDE in excess of 1,500 FTDE. 620 Exhibition FTDE Core of 1,500 NASF and 0.5 NASF/FTDE in excess of 1,500 FTDE. 630 Food Facilities PHC9 10.2 8.4 650 Lounge Facilities PHC10 3.0 3.0 660 Merchandising FTDE Core of 1,600 NASF and 0.5 NASF/FTDE in excess of 1,500 FTDE. 680 Meeting Space FTDE Core of 6,000 NASF Core of 8,000 NASF 700 Support 710 Data Processing, Telecomm FTDE11 Core of 2,500 NASF for the first 4,000 FTDE and 0.75 NASF/FTDE beyond 4,000 FTDE. 720—745 Shops, Storage, Vehicle Storage, and Repair Total Campus Allowance minus this category12 0.04 0.04 750 Central Service FTDE Core of 4,000 NASF for the first 4,000 FTDE and 1 NASF/FTDE beyond 4,000 FTDE. 760 Hazardous Materials Total Storage 2% of existing inventory in Room Use Categories 720—745. 800 Health Care FTDE Core of 500 NASF and 0.2 NASF/FTDE in excess of 1,500 FTDE. 1WSCH-Lecture. Weekly student contact hours for on-campus day students in credit courses and eligible noncredit courses where instruction is lecture. 2WSHC-Lab. Weekly student contact hours for on-campus day students in credit courses and eligible noncredit courses where instruction is lab. 3FTEF—Full-time equivalent faculty, including librarians, plus 25% of all part-time faculty. 41,120 square feet maximum for student offices. 5FTDE—Full-time day equivalent is total credit hours taught on campus between 8 a.m. and 5 p.m. divided by 15 credit hours. 6BVE—Bound volume equivalent which is 20,000 BVE for the first 1,000 FTE and 1,000 BVE for every 100 FTE above 1,000. 7A minimum allowance is needed for cataloging, binding, and maintenance regardless of collection size. 8Minimum size of gym is 14,000 NASF for activity space, 8,000 NASF for pool, 6,000 NASF for fitness space, 3,500 NASF for lockers, and 2,500 NASF for storage. 9PHC—Planning headcount is 50% of FTDE for on-campus credit and eligible noncredit courses plus FTEF and FT Staff and includes space for seating, preparation, and storage. 10Allowance includes quiet, study, and building lounges. 11FTDE for on-campus credit courses and eligible noncredit courses. 12Allowance related to required service space on campus total square footage. 13Computed need in any larger institutional size category may not be less than the maximum amount for any smaller institutional size category. The elements for computing the space factor used for determining space needs for classrooms and laboratories are the net assignable square feet per student station (NASF/SS), the number of hours in a 45-hour week the space shall be used (hours/week), and the percent of student occupancy of the room when space is in use. These elements are expressed in the formula: 100—Classroom. For the smaller colleges, the guideline was computed on the basis of the following formula: Assume 18 NASF—average station size; Assume 20 hours per week—target room utilization rate; Assume 60 percent—expected seat occupancy rate; 18 divided by (20 X 0.60) yields 1.5. For the large colleges, the following formula was used: Assume 20 NASF—average station size; Assume 27 hours per week—target room utilization rate; Assume 66.7 percent—expected seat occupancy rate; and 20 divided by (27 X .667) yields 1.11. 200—Laboratory. For the smaller colleges, the guideline was computed on the basis of the following formula: Assume 50 NASF—average station size for natural and social science labs; Assume 115 NASF—average station size for technical and career labs; Assume 80 percent of lab contact hours are generated in natural and social sciences labs, and 20 percent in technical and career labs; Assume 15 hours per week—target room utilization rate; Assume 60 percent—expected seat occupancy rate; For natural and social sciences labs, 50 times 0.80 divided by (15 X 0.60) yields 4.45; For technical and career labs, 115 times 0.20 divided by (15 X 0.60) yields 2.55; and The sum of 4.45 and 2.55 is 7.0. For the larger colleges, the guideline was computed in the same manner except that the target room utilization rate was raised to 18 hours per week. 300—Office. The allowance of 166.0 NASF per individual requiring office space is adopted to cover all space required for faculty offices, administrative offices, clerical offices, student offices (1,120 square feet maximum), library offices, file rooms, mimeograph rooms, vaults, conference room, waiting rooms, interview rooms, closets, private toilets, record rooms, and office supply rooms. Centralized duplicating or print shops are not included. 320—A core space of 1,500 NASF and .05 NASF/FTDE in excess of 1,500 FTDE. 400—Study. This category includes library and learning resource centers. Seating station size is 25 NASH which, when multiplied by seating for 25 percent of the FTDE, produces a seating factor of 6.25 (25 X 0.25). The size of the stack space is determined by allowing 0.1 NASF per bound volume equivalent (BVE) with a library of 20,000 BVE recommended for the first 1,000 FTE and 1,000 BVE per 100 FTE after that, although no ceiling on volume count is mandatory. The processing and service spaces are determined as a group by taking 40 percent of the stack space. A minimum of 1,200 NASF is needed for service regardless of collection size. The total space for the library is found by adding the space computed for seating, stack, and service. 500—Special Use. 520—Physical Education. A core of 28,000 NASF (consisting of 14,000 for a gym, 8,000 for a pool, and 6,000 for a fitness center) and 10 NASF/FTDE in excess of 1,500 FTDE and 6,000 NASF of service space (consisting of 3,500 for lockers and 2,500 for storage). 530—Audiovisual, Radio, TV. A core allowance of 1,600 NASF assumes that each campus will have space for audio/TV electronic distribution equipment racks and panels (600 NASF), equipment and materials storage and circulation area (600 NASF), and a maintenance workshop and technician area (400 NASF). The additional 0.8 NASF/FTDE in excess of 1,500 recognizes that larger campuses may require more space for specialized productions. 580—Greenhouse. Assumes that greenhouses supporting the instructional program in biology require a minimum amount of space regardless of the size of the college. 600—General Use. 610—Assembly. A core of 12,000 NASF and 2 NASF/FTDE in excess of 1,500 FTDE. 620—Exhibition. A core space of 1,200 NASF is provided for the first 1,500 FTDE. Regardless of campus size, a minimum amount of space is provided for exhibition of materials, works or art, artifacts, etc. Additional space is provided for campuses larger than 1,500 FTDE in recognition of specialized program offerings and increased demand. 630—Food Facilities. This factor is based upon the potential number of users to be served, type of service to be used, number of turnovers, preparation methods, commuter implications, and storage. Space is to be provided for 50 percent of the FTDE students, FTE faculty, and FT staff. Allowance is for 15 NASF per seat for dining, 3 NASF per seat for serving, a turnover of 3:1 per meal, 70 percent of dining and serving allowance for campuses 3,000 FTDE and under, and 40 percent of dining and serving allowance for campuses 3,001 FTDE and over. 650—Lounge Facilities. This factor is based upon the potential numbers of users. Included are primary areas in any student center (game lounge, quiet lounge, study lounge as well as building lounges). 660—Merchandising. A core allowance is provided for basis space for storage display of textbooks and academic supplies and materials as well as sales space for a variety of student convenience and interest items. Space beyond 1,500 FTDE allows for increases in the size of student body growth. Storage and backspace requirements grow at a disproportionate rate because increases in the size of the college produce variety in program and instructional offerings that produce a variety in book titles required to support curricula. 680—Meeting Space. A core of 6,000 NASF for FTDE of 3,000 or less and a core of 8,000 NASF for FTDE 3,001 and above. 700—Support. 710—Data Processing. Allows for average requirements for computer centers and necessary peripherals and processing space. Excluded from this space are instructional computing spaces which are within the HEGIS 200 category. Also, central control monitoring systems are excluded. 720—745 Shops, Storage, Vehicle Storage and Repair. Assumption is that the amount of building space on campus and the number of vehicles to be stored/maintained has a direct relationship to the amount of required service space. 760—Hazardous Materials. An allowance of 2 percent of the existing inventory in room use categories 720—745 is used to determine storage space requirement. 800—Health Facilities. The factor provides a minimum space allocation as well as the opportunity for expansion at larger colleges. Space for infirmaries and health clinics only for students is included in this factor. Regular Parking. The allowance is 300 square feet per car and the number of spaces is based upon the following: 75 percent—full-time faculty; 75 percent—staff; 75 percent—full-time day equivalent for on-campus credit and eligible noncredit courses; and 2 percent—visitors (2 percent of total authorized spaces). Handicapped Parking. The parking stall shall be 9 feet wide with a 4-foot wide pedestrian space between each other stall reserved for the handicapped. These spaces shall be in addition to those identified as regular parking. Total reserved spaces shall conform to the following: Outdoor Physical Education and Recreational Facilities. Outdoor physical education and recreational facilities shall be based upon 100 square feet per headcount day student and justified by program requirements with a minimum of the following, if justified: Six tennis courts; Two fields, with a total of 300,000 square feet, one of which may have a track consisting of six lanes with an eight-lane straight-away. Education Article, Title 11 and Title 16, Annotated Code of Maryland Effective date: January 26, 1998 (25:2 Md. R. 77) Regulation .01 amended effective April 15, 2002 (29:7 Md. R. 621); December 19, 2016 (43:25 Md. R. 1385) Regulation .02 repealed and new Regulation .02 adopted effective April 15, 2002 (29:7 Md. R. 621) Regulation .02 amended effective December 19, 2016 (43:25 Md. R. 1385) Regulation .03 amended effective April 15, 2002 (29:7 Md. R. 621) Regulation .04 amended effective April 15, 2002 (29:7 Md. R. 621) The criteria and procedures in this chapter apply to the Workforce Readiness Grant Program provided for by Education Article, §16-321, Annotated Code of Maryland, as enacted by Ch. 457, Acts of 2019. In this chapter, the following terms have the meanings indicated. Terms Defined. “College” means any public community college authorized to operate in the State and includes Baltimore City Community College. “Commission” means the Maryland Higher Education Commission. “Designated time period” means: July 1, 2019, to June 30, 2021; or July 1, 2021, to June 30, 2023. “Eligible contribution” means the total amount or fair market value of monetary or equipment contributions pledged by an eligible donor to an eligible institution, and received by the college, that are specifically designated by the donor to improve the college’s technology, during a designated time period. “Eligible donor” means any individual, corporation, partnership, organization, or other form of business organization, public or private foundation, or other nonprofit organization, other than a local, state, federal, or foreign government. “Eligible institution” means each campus of each college and does not include any foundation affiliated with the college or campus. “Technology” means any technology that will improve the college’s career and workforce instruction. No later than 60 days after the end of a designated time period, a college requesting matching funds from the State under Education Article, §16-321, Annotated Code of Maryland, shall provide to the Commission, for each eligible institution, a report containing the information set forth in §B of this regulation. For each eligible donor, the college shall provide, in a format specified by the Commission: An itemized list of all monetary and equipment donations made during the designated time period that includes a description of the purpose for which the eligible contribution was or will be used; and Documentation, from the donor, of each monetary or equipment donation made during the designated time period showing that the donation was specifically designated to improve the college’s technology. A college shall provide additional or alternate documentation to the Commission upon the Commission’s request. If a college requesting matching funds does not already provide a copy of its annual audit and management report to the Commission, it shall submit one within 90 days of the close of each fiscal year. On or before August 1, 2022, and on or before August 1, 2024, a college shall provide to the Commission, for each eligible institution, a report specifying how all eligible contributions and State matching funds granted under this program were used. Colleges shall maintain all records that document or support the information provided to the Commission under Regulation .03 of this chapter, including documentation showing the use of all eligible contributions and State matching funds granted under this program. Records specific to this program shall be maintained separately from other donation records and provided to the State upon request. All records relating to this program shall be kept through June 30, 2029, or until audited, whichever is earlier. On or before October 1, 2021, and on or before October 1, 2023, the Commission shall provide to the Governor a list of the total eligible contributions made to each eligible institution during the preceding designated time period. Education Article, §§11-105(u) and 16-321, Annotated Code of Maryland; Ch. 457, Acts of 2019 Effective date: February 24, 2020 (47:4 Md. R. 263)