# COMAR Title 23 — Board of Public Works

## Subtitle 02 — Program Administration

### Chapter 03 — Public Improvements Project Review

**Authority:** State Finance and Procurement Article, §4-402, Annotated Code of Maryland

**Administrative History:** Effective date: September 5, 1988 (15:18 Md. R. 2154)

#### Regulation .01 Scope.

*COMAR 23.02.03.01*

A. Except as provided in §B of this regulation, this chapter applies to all projects for the construction, maintenance, or repair of any building, structure, or other public work:

  (1) Owned or constructed by the State or any unit of the State government, including the University of Maryland; or

  (2) Acquired or constructed in whole or in part with State funds.

B. This chapter does not apply to the construction, maintenance, or repair of any building, structure, or other public work by:

  (1) The Department of Transportation or a unit within that Department;

  (2) Any housing authority created under Article 44A, Annotated Code of Maryland;

  (3) The Maryland-National Capital Park and Planning Commission;

  (4) The Washington Suburban Sanitary Commission;

  (5) The Baltimore County Metropolitan District; or

  (6) A county, municipal corporation, or unit of a county or municipal corporation.

#### Regulation .02 Power to Exempt.

*COMAR 23.02.03.02*

The Board of Public Works may exempt specific projects for the construction, maintenance, or repair of any building, structure, or other public work by a unit of State government from the provisions of the State Finance and Procurement Article, Title 4, Subtitle 4, Annotated Code of Maryland, pursuant to the procedures set forth in Regulation .03, of this chapter.

#### Regulation .03 Exemption Procedures.

*COMAR 23.02.03.03*

A. Request for Exemption. A unit may request the Board of Public Works to exempt a specific project under Regulation .02, of this chapter, by filing an application with the Secretary to the Board.

B. Contents of Application. The application shall be in writing and shall include:

  (1) The identity of the applicant and of the building, structure, or other public work that is the subject of the project;

  (2) A description of the project and its purpose; and

  (3) The reason why the exemption is sought.

C. Action of Board of Public Works.

  (1) As soon as practicable after submission, the Secretary to the Board shall place the application for exemption on the Board Agenda.

  (2) The Board shall consider the request and may:

    (a) Grant the request if it finds that the exemption is in the best interests of the State;

    (b) Deny the request; or

    (c) Defer action, pending submission of additional information from the applicant, study by the Department of General Services, or any other action that the Board deems necessary or appropriate.

D. Notification. The Secretary to the Board promptly shall notify the applicant in writing of the Board's action. If action on the application is deferred, the notice shall state the terms of the deferral.