<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 14.23.05.03" title_num="14" subtitle_num="23" chapter_num="05" heading="Fire Safety Cigarette Certification List.">
  <paragraph num="A.">
    <text>The Executive Director shall prepare a Fire Safety Cigarette Certification List which list shall identify each cigarette:</text>
    <paragraph num="(1)">
      <text>Whose certification has been approved by the Executive Director as meeting the performance standard under Business Regulation Article, §16-602, Annotated Code of Maryland; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>That is a style of a brand family of a tobacco product manufacturer certified by the Attorney General.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Fire Safety Cigarette Certification List may be updated by the Executive Director four times a year on the first day of each quarter of the calendar year.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A cigarette shall be removed from the Fire Safety Cigarette Certification List if it:</text>
    <paragraph num="(1)">
      <text>Is a style of a brand family of a tobacco product manufacturer that has not been certified by the Attorney General;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Fails to be recertified in accordance with Business Regulation Article, §16-603(d), Annotated Code of Maryland; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>May not be sold in the State, because it does not comply with federal law or regulations.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Cigarette Removal from Certification List and Hearings.</text>
    <paragraph num="(1)">
      <text>If a cigarette is removed from the Fire Safety Cigarette Certification List by the Executive Director, prompt written notification shall be sent to the manufacturer setting forth the reasons for such action. A manufacturer may request a hearing before the Executive Director within 30 days of receipt of the written notification.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a hearing is requested as provided in §D(1) of this regulation, the  Executive Director shall give notice and hold the hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A cigarette removed from the list is considered to be a noncomplying cigarette subject to the provisions of Business Regulation Article, §16-606, Annotated Code of Maryland, if:</text>
      <paragraph num="(a)">
        <text>The manufacturer has not requested a hearing as provided in §D(1) of this regulation; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A hearing has been held as provided in §D(2) of this regulation, and a final decision by the Comptroller orders that the cigarette be removed from the list.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>