This subtitle does not apply to changes relating to or the purchase, lease, or rental of information technology by: Public institutions of higher education solely for academic or research purposes; The Maryland Port Administration; The University System of Maryland; St. Mary's College of Maryland; or Morgan State University. Notwithstanding any other provision of law, except as provided in State Finance and Procurement Article, §3A-302(b), Annotated Code of Maryland, this subtitle applies to all units of the Executive Branch of State Government including public institutions of higher education other than Morgan State University, the University System of Maryland, and St. Mary's College of Maryland. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Accessible” means: Easy to get to; Approachable; or Available. “Agency” means each unit of State government to which this subtitle is applicable in accordance with State Finance and Procurement Article, §3A-302, Annotated Code of Maryland, and Regulation .01 of this chapter. “Application” means software designed to perform, or to help the user to perform, a specific task or tasks. “Assistive technology (AT)” means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. “Audio description”, “video description”, or “descriptive narration” means narration added to a soundtrack, usually during existing pauses in dialogue, to: Describe important visual details that cannot be understood from the main soundtrack alone; Inform individuals who are blind or who have low vision about visual content essential for comprehension; Provide information about actions, characters, scene changes, on-screen text, and other visual content; and Supplement the regular audio track of a program. “Authoring tool” means any software, or collection of software components, that can be used by authors, alone or collaboratively, to create or modify content for use by others, including other authors. Closed Functionality. “Closed functionality” means characteristics that limit functionality or prevent a user from attaching or installing assistive technology. “Closed functionality” includes self-service machines, information kiosks, set-top boxes, fax machines, calculators, and computers that are locked down so that users may not adjust settings due to a policy such as desktop core configuration. “Content” means electronic information and data, as well as the encoding that defines its structure, presentation, and interactions. “Department” means the Department of Information Technology. Document. “Document” means a logically distinct assembly of content (such as a file, set of files, or streamed media) that: Functions as a single entity rather than a collection; is not part of software; and does not include its own software to retrieve and present content for users. “Document” includes, but is not limited to, letters, email messages, spreadsheets, presentations, podcasts, images, and movies. Equivalent. “Equivalent” means fulfilling essentially the same function or purpose upon presentation to a user. “Equivalent” fulfills essentially the same function for a person with a disability utilizing reasonable accommodations to the extent possible, given the nature of the disability and the state of technology, as the primary content does for the person without a disability. “Existing ICT” means ICT that was procured, maintained, or used on or before January 18, 2018. “Hardware” means a tangible device, equipment, or a physical component of nonvisual ICT, such as telephones, computers, multifunction copy machines, and keyboards. “Information technology” has the meaning set forth in 40 U.S.C. 11101(6). Information and Communication Technology (ICT). “Information and communication technology (ICT)” means information technology and other equipment, systems, technologies, or processes for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. “Information and communication technology (ICT)” includes, but is not limited to: Computers and peripheral equipment; Information kiosks and transaction machines; Telecommunications equipment; Customer premises equipment; Multifunction office machines; Software; Applications; Websites; Videos; and Electronic documents. Keyboard. “Keyboard” means a set of systematically arranged alphanumeric keys or a control that generates alphanumeric input by which a machine or device is operated. “Keyboard” includes tactilely discernible keys used in conjunction with the alphanumeric keys if their function maps to keys on the keyboard interfaces. “Label” means text, or a component with a text alternative, that is presented to a user to identify content. A label is presented to all users, whereas a name may be hidden and only exposed by assistive technology. In many cases, the name and the label are the same. “Name” means text by which software can identify a component to the user. A name may be hidden and only exposed by assistive technology, whereas a label is presented to all users. In many cases, the label and the name are the same. Name is unrelated to the name attribute in HTML. “Nonweb software” means software that is not: A webpage; Embedded in a webpage; and Used in the rendering or functioning of webpages. “Nonvisual access” means the ability, through keyboard control, synthesized speech, braille, or other methods not requiring sight, to receive, use, and manipulate information, and operate controls necessary to access information technology. “Operable part” means the hardware-based user controls for activating, deactivating, or adjusting ICT. “Platform accessibility services” means the services provided by a platform enabling interoperability with assistive technology, including application programming interfaces (API) and the document object model (DOM). Platform Software. “Platform Software” means software that: Interacts with hardware or provides services for other software; May run or host other software; May isolate the other software from underlying software or hardware layers; and May have both platform and nonplatform aspects. “Platform software” includes: Desktop operating systems; Embedded operating systems, including mobile systems; Web browsers; Plug-ins to web browsers that render a particular media or format; and Sets of components that allow other applications to execute, such as applications which support macros or scripting. “Programmatically determinable” means the ability to be determined by software from author-supplied data that is provided in a way that different user agents, including assistive technologies, can extract and present the information to users in different modalities. “Public facing” means the content made available by an agency to members of the general public, including, but not limited to, an agency web site, blog post, or social media page. “Software” means programs, procedures, rules, and related data and documentation that direct the use and operation of ICT and instruct it to perform a given task or function, including, but not limited to, applications, non-web software, and platform software. Software Tool. “Software tool” means software: For which the primary function is the development of other software; That usually comes in the form of an integrated development environment (IDE); and Is a suite of related products and utilities. “Software tool” includes Microsoft® Visual Studio®, Apple® Xcode®, and Eclipse Foundation Eclipse®. “Telecommunications” means the signal transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. “Terminal” means a device or software with which the end user directly interacts and that provides the user interface, including software that provides the user interface on more than one device such as a telephone and a server. "Text" means a sequence of characters that can be programmatically determined and that expresses something in human language. “Voice over Internet protocol (VoIP)” means technology that provides real-time voice communications and requires a broadband connection from the user's location and customer premises equipment compatible with Internet protocol. “Webpage” means a nonembedded resource obtained from a single universal resource identifier (URI) using hypertext transfer protocol (HTTP), plus any other resources that are provided for the rendering, retrieval, and presentation of content. State Finance and Procurement Article, §§3A-302, 3A-303, 3A-311, and 3A-312, Annotated Code of Maryland Effective date: March 1, 2005 (31:25 Md. R. 1791) Recodified from COMAR 17.06.01 to 14.33.01 effective September 26, 2008 Regulation .01 amended effective April 5, 2010 (37:7 Md. R. 575) Regulation .02B amended effective April 5, 2010 (37:7 Md. R. 575); March 7, 2022 (49:5 Md. R. 366) The purpose of this chapter is to implement State Finance and Procurement Article, §§3A-303(a)(5), 3A-311, and 3A-312, Annotated Code of Maryland. This chapter sets forth uniform nonvisual access standards to be used in the procurement of information and communication technology (ICT) and the provision of ICT services by or on behalf of agencies. This chapter applies to the procurement of ICT and the provision of ICT services by or on behalf of agencies, except if: The ICT is not available with nonvisual access because the essential elements of the information technology are visual and a nonvisual equivalent cannot be developed; or The cost of modifying the ICT for compatibility with software and hardware for nonvisual access would increase the price of the procurement by more than 15 percent. This chapter does not apply to ICT that is acquired and used by a contractor: Incidental to performing under a contract with the State or any agency; and To the extent that the ICT is not transferred to the State or any agency as part of the contractor's obligations to perform or incorporated into the deliverables provided to the State or any agency under the contract. The ICT products or ICT services a contractor develops, procures, maintains, or uses that are not specified as part of a contract with the State or any agency are not required to comply with this chapter. Except as otherwise required to comply with other law, this chapter may not be construed to require the installation of accessibility-related software or an assistive technology device at a workstation of a State employee who is not an individual with a disability. Except as otherwise required to comply with the requirements of other law, this chapter may not be construed to require agencies: To provide access to the public to information at a location other than where the ICT is ordinarily provided to the public; or To purchase products for access and use by individuals with disabilities at a location other than where the ICT is ordinarily provided to the public. Section E of this regulation may not be construed to relieve any unit of State government of its obligation to provide information or data under any other requirements of the law. Except as provided by §§A—F of this regulation, ICT and ICT services procured, used, maintained, developed, and provided by or on behalf of agencies shall be nonvisually accessible in accordance with the standards promulgated in this chapter. Agencies shall procure ICT and services that comply with the provisions in this chapter when such ICT and ICT services are available in the commercial marketplace or developed in response to a State government solicitation. Best Meets. If ICT conforming to one or more provisions in this chapter is not commercially available, the agency shall procure the ICT that best meets the agency's business needs, consistent with this chapter. Best Meets Required Documentation. The responsible agency official shall document in writing: The nonavailability of conforming ICT, including a description of market research performed and which provisions cannot be met; and The basis for determining that the ICT to be procured best meets the agency's business needs, consistent with this chapter. Best Meets Alternative Means. If ICT that fully conforms to the provisions of this chapter is not commercially available, the agency shall provide individuals with visual disabilities access to and use of information and data by an alternative means that meets identified needs. This chapter may not be construed to prohibit the use of designs or technologies as alternatives to those prescribed in this chapter if they result in substantially equivalent or greater access for people with visual disabilities. Functional performance criteria shall apply to Regulations .04—.06 of this chapter. ICT shall be considered nonvisually accessible if the ICT meets the following requirements: Without Vision. If a visual mode of operation is provided, ICT shall provide at least one mode of operation that does not require user vision. With Limited Vision. If a visual mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited vision. Without Perception of Color. If a visual mode of operation is provided, ICT shall provide at least one nonvisual mode of operation that does not require user perception of color. Scope. The requirements of this regulation shall apply to ICT that is hardware if required by Regulation .02 of this chapter and if otherwise referenced in this chapter. Closed Functionality. ICT with closed functionality shall be operable without requiring the user to attach or install assistive technology other than personal headsets or other audio couplers. Speech-Output Enabled Exceptions. The following are exceptions to §B(3) of this regulation: Speech output shall not be required if ICT display screens only provide status indicators and those indicators conform to §H of this regulation in lieu of subsection §B(3) of this regulation. If speech cannot be supported due to constraints in available memory or processor capability, ICT shall be permitted to conform to §H of this regulation. Audible tones shall be permitted instead of speech output if the content of user input is not displayed as entered for security purposes, including, but not limited to, asterisks representing personal identification numbers. Speech output shall not be required for the: Machine location; Date and time of transaction; Customer account number; and Machine identifier or label. Speech output shall not be required for advertisements and other similar information unless they convey information that can be used for the transaction being conducted. Speech-Output Enabled. ICT with a display screen shall be speech-output enabled for full and independent use by individuals with vision impairments. Information Displayed On-Screen. Speech output shall be provided for all information displayed on-screen. Transactional Outputs. If transactional outputs are provided, the speech output shall audibly provide all information necessary to verify a transaction. Speech Delivery Type and Coordination. Speech output shall be delivered through a mechanism that is readily available to all users, including, but not limited to, an industry standard connector or a telephone handset. Speech shall be recorded or digitized human or synthesized. Speech output shall be coordinated with information displayed on the screen. User Control. The requirements for user control are as follows: Speech output for any single function shall be automatically interrupted when a transaction is selected. Speech output shall be capable of being repeated and paused. Braille Instructions Exception. Section B(5) of this regulation does not apply to devices for personal use. Braille Instructions. The Braille Instructions are as follows: If speech output is required by §B(3) of this regulation, braille instructions for initiating the speech mode of operation shall be provided. Braille shall be contracted and shall conform to 36 CFR §1191.D.703.3.1. which is incorporated by reference herein. Volume. ICT that delivers sound, including speech output required by §B(3) of this regulation shall provide volume control and output amplification conforming to this section. Private Listening. The volume requirements for private listening are as follows: If ICT provides private listening, it shall provide a mode of operation for controlling the volume. If ICT delivers output by an audio transducer typically held up to the ear, a means for effective magnetic wireless coupling to hearing technologies shall be provided. Nonprivate Listening. The volume requirements for nonprivate listening are as follows: If ICT provides nonprivate listening, incremental volume control shall be provided with output amplification up to a level of at least 65 dB. A function shall be provided to automatically reset the volume to the default level after every use. Characters on Display Screens. At least one mode of characters displayed on the screen shall be in a sans serif font. If ICT does not provide a screen enlargement feature, characters shall be 3/16 inch (4.8 mm) high, at a minimum, based on the uppercase letter “I”. Characters shall contrast with their background with either light characters on a dark background or dark characters on a light background. Biometrics. Exception. If at least two biometric options that use different biological characteristics are provided, ICT shall be permitted to use biometrics as the only means for user identification or control. If provided, biometrics shall not be the only means for user identification or control. Preservation of Information Provided for Accessibility. ICT that transmits or converts information or communication shall not remove nonproprietary information provided for accessibility or shall restore it upon delivery. Privacy. The privacy requirements are as follows: The same degree of privacy of input and output shall be provided to all individuals. When speech output required by §B(3) of this regulation is enabled, the screen shall not blank automatically. Standard Connections. If data connections used for input and output are provided, at least one of each type of connection shall conform to industry standard nonproprietary formats. Operable Parts. The operable parts requirements are as follows: If provided, operable parts used in the normal operation of ICT shall conform to this section. Contrast. If provided, keys and controls shall contrast visually from background surfaces. Characters and symbols shall contrast visually from background surfaces with either light characters or symbols on a dark background or dark characters or symbols on a light background. Input Controls Exceptions. Devices for personal use with input controls that are audibly discernable without activation and operable by touch shall not be required to conform to §H(4) of this regulation. Input Controls. At least one input control conforming to this section shall be provided for each function. Tactilely Discernible. Input controls shall be operable by touch and tactilely discernible without activation. Alphabetic Keys. If provided, individual alphabetic keys shall be arranged in a QWERTY-based keyboard layout, and the “F” and “J” keys shall be tactilely distinct from the other keys. Numeric Keys. If provided, numeric keys shall be arranged in a 12-key ascending or descending keypad layout. The number five key shall be tactilely distinct from the other keys. If the ICT provides an alphabetic overlay on numeric keys, the relationships between letters and digits shall conform to 36 CFR §1194.C.407.3.3, which is incorporated by reference. Key Repeat. If a keyboard with key repeat is provided, the delay before the key repeat feature is activated shall be fixed at, or adjustable to, 2 seconds minimum. Timed Response. If a timed response is required, the user shall be alerted visually, as well as by touch or sound, and shall be given the opportunity to indicate that more time is needed. Tickets, Fare Cards, and Keycards. If tickets, fare cards, or keycards are provided, they shall have an orientation that is tactilely discernible if orientation is important to further use of the ticket, fare card, or keycard. Display Screens. If provided, display screens shall conform to this regulation. Visibility. If stationary ICT provides one or more display screens, at least one of each type of display screen shall be visible from a point located 40 inches (1015 mm) above the floor space where the display screen is viewed. Flashing Exception. Flashes that do not exceed the general flash and red flash thresholds as defined in The Web Content Accessibility Guidelines (WCAG) 2.1 Level AAA (June 5,2018), as incorporated by reference under COMAR 13A.06.05.02, are not required to conform to §I(4) of this regulation. Flashing. If ICT emits lights in flashes, there shall be no more than three flashes in any 1-second period. Status Indicators. If provided, status indicators shall be discernible visually and by touch or sound. Color Coding. If provided, color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element. Caller ID. If provided, caller identification and similar telecommunications functions shall be visible and audible. Closed Caption Processing Technologies. If ICT displays or processes video with synchronized audio, ICT shall provide closed caption processing technology that conforms to this section. Decoding and Display of Closed Captions. Players and displays shall decode closed caption data and support display of captions. Pass-Through of Closed Caption Data. Cabling and ancillary equipment shall pass through caption data. Audio Description Processing Technologies. If ICT displays or processes video with synchronized audio, ICT shall provide audio description processing technology conforming to this section. Digital Television Tuners. Digital television tuners shall be considered nonvisually accessible if the ICT provides audio description processing that conforms to the requirements of 36 CFR §1194.C.414.1.1, which is incorporated by reference. Other ICT. ICT other than digital television tuners shall provide audio description processing. User Controls for Captions and Audio Descriptions. If ICT displays video with synchronized audio, ICT shall provide user controls for closed captions and audio descriptions conforming to this section. Exception. Devices for personal use shall not be required to conform to this section, provided that captions and audio descriptions can be enabled through systemwide platform settings. Caption Controls. If ICT provides operable parts for volume control, ICT shall also provide operable parts for caption selection. Audio Description Controls. If ICT provides operable parts for program selection, ICT shall also provide operable parts for the selection of audio description. Software ICT shall be considered nonvisually accessible if the software ICT meets the requirements of 36 CFR §1194.C.5, which is incorporated by reference. Scope. The technical requirements of this regulation shall apply to ICT support documentation and services if required by this chapter. Support Documentation. General documentation that supports the use of ICT shall conform to this section. Accessibility and Compatibility Features. Documentation shall list and explain how to use the nonvisual accessibility and compatibility features required by Regulations .04 and .05 of this chapter. Documentation shall include accessibility features that are built in and accessibility features that provide compatibility with assistive technology. Electronic Support Documentation. Documentation in electronic format, including web-based self-service support shall be considered nonvisually accessible if the ICT meets the requirements of 36 CFR §1194.C.602.3, which is incorporated by reference. Alternate Formats for Nonelectronic Support Documentation. If support documentation is only provided in nonelectronic formats, alternate formats usable by individuals with visual disabilities shall be provided upon request. Services. Nonvisual ICT support services, including, but not limited to, help desks, call centers, training services, and automated self-service technical support, shall conform to this section. Information on Accessibility and Compatibility Features. Nonvisual ICT support services shall include information on the accessibility and compatibility features required by this chapter. Accommodation of Communication Needs. Support services shall be provided directly to the user or through a referral to a point of contact. Such ICT support services shall accommodate the communication needs of individuals with visual disabilities. Each agency shall certify in the Agency Information Technology Master Plan submission to the Department of Information Technology, in a form prescribed by the Department, that the ICT procured and services provided by or on behalf of the unit comply with the requirements in this chapter. Self-contained products shall be usable by people with visual disabilities without requiring an end-user to attach assistive technology to the product. If a product utilizes touch screens or contact-sensitive controls, an input method shall be provided that complies with Regulation .06D(1) and (2) of this chapter. If an ocular form of user identification or control is used, an alternative form of identification or activation which does not require the user to possess a particular ocular characteristic shall also be provided. If a product provides auditory output, the audio signal shall be provided at a standard signal level through an industry standard connector that allows for private listening using a headset or personal speakers. The product shall provide the ability to interrupt, pause, and restart the audio at any time. When products deliver voice output in a public area, incremental volume control shall be provided with output amplification up to a level of at least 65 decibels. Where the ambient noise level of the environment is above 45 decibels, a volume gain of at least 20 decibels above the ambient level shall be user selectable. A function shall be provided to automatically reset the volume to the default level after every use. Color-coding may not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element. If a product permits a user to adjust color and contrast settings, a range of color selections capable of producing a variety of contrast levels shall be provided. Products shall be designed to avoid causing the screen to flicker with a frequency greater than 2 hertz and lower than 55 hertz. All mechanically operated controls and keys shall comply with Regulation .06D(1) and (2) of this chapter. If a product utilizes touch screens or touch-operated controls, an input method shall be provided that complies with Regulation .06D(1) and (2) of this chapter. When an ocular form of user identification or control is used, an alternative form of identification or activation, which does not require the user to possess particular ocular characteristics, shall also be provided. At least one mode of operation and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided. At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided. Product support documentation provided to end-users shall be made available in nonvisually accessible alternate formats upon request, at no additional charge. End-users shall have access to a description of the accessibility and compatibility features of products in nonvisually accessible alternate formats or alternate methods upon request, at no additional charge. Support services for products shall accommodate the communication needs of end-users with visual disabilities. State Finance and Procurement Article, §§3A-303(a)(5), 3A-311, and 3A-312, Annotated Code of Maryland Effective date: March 1, 2005 (31:25 Md. R. 1791) Recodified from COMAR 17.06.02 to 14.33.02, effective September 26, 2008 Regulation .01 amended effective March 7, 2022 (49:5 Md. R. 366) Regulation .01A amended effective April 5, 2010 (37:7 Md. R. 575) Regulation .02 amended effective March 7, 2022 (49:5 Md. R. 366) Regulations .03—.11 repealed effective March 7, 2022 (49:5 Md. R. 366) Regulations .03—.06 adopted effective March 7, 2022 (49:5 Md. R. 366) Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 575) Regulation .12 amended and recodified to be Regulation .07 effective March 7, 2022 (49:5 Md. R. 366)