Each written certification submitted to the Executive Director by a manufacturer as required under Business Regulation Article, §16-603(a), Annotated Code of Maryland, shall be submitted under oath in the same manner as prescribed in Business Regulation Article, §1-201(1), Annotated Code of Maryland. When a certification submitted under Business Regulation Article, §16-603, Annotated Code of Maryland, is approved, the Executive Director shall send written notification of such approval to the manufacturer, including the effective date of the certification and the date upon which such certification shall expire. Each certification submitted pursuant to Business Regulation Article, §16-602, Annotated Code of Maryland, shall state the date on which the cigarette or cigarettes listed therein were tested, provided that no such date of testing shall predate the date of submission of the certification by more than 36 months. If a wholesaler consents, a manufacturer may provide to a wholesaler the copies of the illustration required under Business Regulation Article, §16-605(a), Annotated Code of Maryland, in an electronic format. If a retailer, subwholesaler, or vending machine operator consents, a wholesaler may provide the copies of the illustration required under Business Regulation Article, §16-605(b), Annotated Code of Maryland, in an electronic format. The Executive Director shall prepare a Fire Safety Cigarette Certification List which list shall identify each cigarette: 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 That is a style of a brand family of a tobacco product manufacturer certified by the Attorney General. 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. A cigarette shall be removed from the Fire Safety Cigarette Certification List if it: Is a style of a brand family of a tobacco product manufacturer that has not been certified by the Attorney General; Fails to be recertified in accordance with Business Regulation Article, §16-603(d), Annotated Code of Maryland; or May not be sold in the State, because it does not comply with federal law or regulations. Cigarette Removal from Certification List and Hearings. 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. 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. 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: The manufacturer has not requested a hearing as provided in §D(1) of this regulation; or 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. Each manufacturer shall maintain copies of all tests conducted on all cigarettes for a period of 36 months and shall make copies of such reports available to the Executive Director upon written request. Cigarettes seized under Business Regulation Article, §16-610(a), Annotated Code of Maryland, are considered to be noncompliant with the provisions of Business Regulation Article, §16-602, Annotated Code of Maryland, and the retailer, subwholesaler, vending machine operator, or wholesaler in possession of the cigarettes at the time they are seized shall be subject to penalties as provided in Business Regulation Article, §16-608, Annotated Code of Maryland. A police officer or other authorized personnel may inspect the premises and records of a retailer, subwholesaler, vending machine operator, or wholesaler to determine whether cigarettes in their possession are in violation of Business Regulation Article, Title 16, Subtitle 6, Annotated Code of Maryland. In addition to a police officer, inspectors employed by the Executive Director, or other persons designated by the Executive Director as authorized under Alcoholic Beverages Article, §1-321, Annotated Code of Maryland, shall be authorized personnel that may act in accordance with the provisions of Business Regulation Article, §16-610, Annotated Code of Maryland. Business Regulation Article, §16-607(1), Annotated Code of Maryland Effective date: Transferred from COMAR 03.02.06 to COMAR 14.23.05 effective December 26, 2022 (49:26 Md. R. 1080)