<subtitle num="01" heading="General"> <chapter num="01" heading="Purpose; Definitions"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <paragraph num="A."> <text>The purpose of this title is to define a veteran who is a Maryland resident, and may be entitled to aid:</text> <paragraph num="(1)"> <text>From the United States government, pursuant to federal law for the benefit of veterans and their dependents;</text> </paragraph> <paragraph num="(2)"> <text>In preparing and presenting their claims to the proper federal authorities and agencies; and</text> </paragraph> <paragraph num="(3)"> <text>In securing and expediting action on those claims.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In addition, the definitions contained in this subtitle assist in the determination of eligibility for burial in one of Maryland's veterans' cemeteries, admission to Charlotte Hall Veterans' home, as well as other benefits offered to veterans who are Maryland residents.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this title, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Active duty for training” and “inactive duty training” do not include:</text> <paragraph num="(a)"> <text>Duty performed as a temporary member of the Coast Guard Reserve;</text> </paragraph> <paragraph num="(b)"> <text>Work or study performed in connection with correspondence courses; or</text> </paragraph> <paragraph num="(c)"> <text>Attendance at an educational institute in an inactive status.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Department” means the Maryland Department of Veterans and Military Families.</text> </paragraph> <paragraph num="(3)"> <text>“Honorable discharge”, for the purposes of determining State program benefits, rights, or privileges, includes a discharge that is less than honorable:</text> <paragraph num="(a)"> <text>Solely due to the sexual orientation or gender identity of the individual being discharged; or</text> </paragraph> <paragraph num="(b)"> <text>Based on a statement or consensual act of the discharged individual related to the individual’s sexual orientation or gender identity if the statement or consensual act was prohibited by the military or naval service at the time of discharge.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Secretary” means the Secretary of the Maryland Department of Veterans and Military Families.</text> </paragraph> <paragraph num="(5)"> <text>“U.S. Armed Forces” means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, including the reserve components thereof.</text> </paragraph> <paragraph num="(6)"> <text>“Veteran” has the meaning stated in §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>“Veteran” means any one of the following:</text> <paragraph num="(1)"> <text>An individual who:</text> <paragraph num="(a)"> <text>Served on full time active duty, other than for training, as a member of the U.S. Armed Forces;</text> </paragraph> <paragraph num="(b)"> <text>Was discharged or released under conditions other than dishonorable; and</text> </paragraph> <paragraph num="(c)"> <text>Enlisted in the military after September 7, 1980;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An officer commissioned or who entered active military service after October 16, 1981, who has completed 2 years of continuous active duty or full time period for which the officer was called or ordered;</text> </paragraph> <paragraph num="(3)"> <text>An individual who dies under honorable conditions while serving on active duty in the U.S. Armed Forces;</text> </paragraph> <paragraph num="(4)"> <text>A member of the reserve component of the U.S. Armed Forces, the Army National Guard, the Air National Guard, or the Reserve Officers Training Corps, who dies under honorable conditions while serving on active duty, for training or full time service, or while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred while serving on this duty;</text> </paragraph> <paragraph num="(5)"> <text>A commissioned officer of the National Oceanic and Atmospheric Administration (formerly titled Coast and Geodetic Survey) who:</text> <paragraph num="(a)"> <text>Served on full-time duty on or after July 29, 1945; or</text> </paragraph> <paragraph num="(b)"> <text>Served before that date:</text> <paragraph num="(i)"> <text>While on transfer to one of the Armed Forces;</text> </paragraph> <paragraph num="(ii)"> <text>While in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard; or</text> </paragraph> <paragraph num="(iii)"> <text>In the Philippine Islands on December 7, 1941, or thereafter;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>A commissioned officer of the Regular or Reserve Corps of the Public Health Service who served on full-time duty on or after July 29, 1945, as described in §D of this regulation; or</text> </paragraph> <paragraph num="(7)"> <text>A commissioned officer of the Regular or Reserve Corps of the Public Health Service who performed active service before July 29, 1945:</text> <paragraph num="(a)"> <text>While on transfer to one of the Armed Forces;</text> </paragraph> <paragraph num="(b)"> <text>While in time of war or national emergency declared by the President, and assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard; or</text> </paragraph> <paragraph num="(c)"> <text>In the Philippine Islands on December 7, 1941, or thereafter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>If the service of the public health service officer is performed while on active duty for training, the officer's death must have resulted from a disease or injury incurred or aggravated in the line of duty to qualify as a veteran under §C(6) of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Public Law H.R. 821."> <text>Public Law H.R. 821, enacted May 4, 1994, extends burial eligibility to an individual who has 20 years of service credited for retired pay as a member of a reserve component of the U.S. Armed Forces, or who would have been entitled to retired pay but for the fact that the individual was younger than 60 years old.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Legal Residence Within the State of Maryland."> <paragraph num="A."> <text>A veteran's legal residence within the State, for the purpose of establishing eligibility for State benefits, shall be established by reasonable and substantial evidence. That evidence may include:</text> <paragraph num="(1)"> <text>An up-to-date voter's registration card, in the name of the veteran;</text> </paragraph> <paragraph num="(2)"> <text>A certified copy of a Maryland income tax report form, filed by the veteran immediately preceding the death of the veteran or the veteran's next of kin;</text> </paragraph> <paragraph num="(3)"> <text>A certified copy of a notice of tax assessment or tax bill on property located within the State, addressed to the veteran and dated within 1 year of the death of the veteran or the veteran's next of kin; or</text> </paragraph> <paragraph num="(4)"> <text>The records of a nursing home, hospital, or institution where the veteran may have been confined, to establish that at the time of admission, the veteran's legal residence was within the State.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When a veteran, who has been a legal resident of Maryland for a period of 2 years or more, moves to another State to establish legal residency, the Maryland residence, for the purpose of qualifying for burial in a State veterans' cemetery shall be established by one or more of the following during the period in question:</text> <paragraph num="(1)"> <text>Records of tax payments: personal or property, or both;</text> </paragraph> <paragraph num="(2)"> <text>A continuous voting record;</text> </paragraph> <paragraph num="(3)"> <text>Hospital records: governmental or private, or both;</text> </paragraph> <paragraph num="(4)"> <text>Personal knowledge of reputable citizens of Maryland, or State, county, or city officials;</text> </paragraph> <paragraph num="(5)"> <text>Records of recognized fraternal, civic, or veterans' organizations; or</text> </paragraph> <paragraph num="(6)"> <text>Any other substantial evidence that may establish the required residency.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The 2-year legal residence requirement for burial in one of Maryland's Veterans' Cemeteries, or admission to assisted living in Charlotte Hall Veterans' Home may be waived when the veteran has been a legal resident of Maryland for a substantial portion of a 2-year period, if, in the judgment of the Department or its designee, there are compelling reasons for this waiver such as the following:</text> <paragraph num="(1)"> <text>The veteran has had ties of relationship and friendship to permanent residents of Maryland for a substantial period;</text> </paragraph> <paragraph num="(2)"> <text>There is evidence that equal or greater ties of the veteran to residents of another state do not exist; or</text> </paragraph> <paragraph num="(3)"> <text>The evidence in support of this waiver is compelling, or of such nature and weight as to warrant an affirmative decision.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The evidence establishing that a veteran was a legal resident of Maryland when the veteran entered the U.S. Armed Forces of the United States shall include one or more of the following:</text> <paragraph num="(1)"> <text>Military records, such as a DD Form 214;</text> </paragraph> <paragraph num="(2)"> <text>A document establishing honorable military service; or</text> </paragraph> <paragraph num="(3)"> <text>Draft board records, or State records establishing legal residence at a time of entrance into military service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Restoration of Benefits Application Procedures."> <text>A veteran shall submit to the Secretary:</text> <paragraph num="A."> <text>Documentation providing the basis for the veteran’s discharge; and</text> </paragraph> <paragraph num="B."> <text>Any additional documentation requested by the Department.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §§9-901, 9-902, 9-904, and 9-905, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 11, 2008 (35:16 Md. R. 1392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335); August 5, 2024 (51:15 Md. R. 712)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective August 5, 2024 (51:15 Md. R. 712)</annotation> </annotations> </chapter> </subtitle> <subtitle num="02" heading="Veterans' Benefits"> <chapter num="01" heading="Veterans Claims Service"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to assist veterans and their dependents who are or may be entitled to aid from the United States government, pursuant to federal law for the benefit of veterans and their dependents, in preparing and presenting their claims to the proper federal authorities and agencies, and in securing and expediting action on those claims.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Veterans Claim Service."> <paragraph num="A."> <text>A veteran residing within the State, or a veteran's dependent, who is or may be entitled to aid from the United States government pursuant to federal law for the benefit of veterans and their dependents, may file with a service officer at the principal office of the service program, or at any of the State service centers, a request for assistance in the preparation, presentation, and prosecution of claims to the proper federal authorities and agencies.</text> </paragraph> <paragraph num="B."> <text>Upon receipt of a request, the service officer shall prepare the claim in proper manner, and the service officer shall present to the proper federal authority or agency, and shall secure and expedite action on it and prosecute it through to conclusion.</text> </paragraph> <paragraph num="C."> <text>The service officer shall make all reasonable efforts to relieve and prevent congestion of these claims, and provide, as far as possible, for every veteran and dependent of any veteran making these claims to receive promptly and regularly the maximum relief and benefit to which they are, or may become, entitled to under federal law.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §§9-901, 9-902, 9-904, and 9-905, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 23, 1975 (2:16 Md. R. 1138)</annotation> <annotation type="History" subtype="Administrative History">Chapter 14.05.01 repealed effective August 11, 2008 (35:16 Md. R. 1392)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.02 adopted effective August 11, 2008 (35:16 Md. R. 1392)</annotation> </annotations> </chapter> </subtitle> <subtitle num="03" heading="Veterans' Cemetaries"> <chapter num="01" heading="Burial in State Veterans' Cemeteries"> <regulation prefix="Regulation" num=".01" heading="Eligibility Requirements for Burial."> <text>The following individuals are eligible for burial in the State veterans' cemeteries:</text> <paragraph num="A."> <text>A veteran who was a legal resident of Maryland:</text> <paragraph num="(1)"> <text>At the time of death;</text> </paragraph> <paragraph num="(2)"> <text>For a period of 2 years or more; or</text> </paragraph> <paragraph num="(3)"> <text>When the veteran entered the U.S. Armed Forces;</text> </paragraph> </paragraph> <paragraph num="B."> <text>A veteran who was a legal resident of Maryland for less than 2 years if the Department determines that there are compelling reasons for waiving the 2-year residence requirement;</text> </paragraph> <paragraph num="C."> <text>The spouse, widow, or widower of an eligible veteran or service member, including the widow or widower of a U.S. Armed Forces member lost or buried at sea, or officially determined to be permanently absent in a status of “missing” or “missing in action”, who met the legal residence requirements at the time the eligible veteran or service member was last known to have been alive;</text> </paragraph> <paragraph num="D."> <text>The children younger than 21 years old of an eligible veteran, or those younger than 23 years old if they are completing education or training at an approved educational institution at the time of death; and</text> </paragraph> <paragraph num="E."> <text>The unmarried adult children of an eligible veteran, if the children became permanently incapable of self-support because of a physical or mental disability before reaching 21 years old, except that burial of an adult child must first be approved by the Secretary, or the Secretary's designee.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Burden of Proof in Establishing Eligibility."> <paragraph num="A."> <text>The burden of proof in establishing eligibility for burial in a State veterans' cemetery is on the veteran, the veteran's next of kin or legal representative, or the executor or administrator of the veteran's estate.</text> </paragraph> <paragraph num="B."> <text>Representatives of the Department shall render assistance in establishing eligibility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Individuals Not Eligible for Burial in a State Veterans' Cemetery."> <paragraph num="A."> <text>The following individuals are not eligible for burial in the State veterans' cemeteries:</text> <paragraph num="(1)"> <text>An individual whose only separation from one of the U.S. Armed Forces was other than honorable;</text> </paragraph> <paragraph num="(2)"> <text>An in-law of an eligible veteran, even if that individual is dependent upon the veteran for support or is a member of the veteran’s household; and</text> </paragraph> <paragraph num="(3)"> <text>A person ordered to report to an induction station who was not actually inducted into the military service.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Under 38 U.S.C. §2411, burial or memorialization in a U.S. Veterans Administration cemetery or in Arlington National Cemetery is prohibited if a person is convicted of a federal capital crime and sentenced to death or life imprisonment, or is convicted of a State capital crime, and sentenced to death or life imprisonment without parole.</text> </paragraph> <paragraph num="C."> <text>Federal officials are authorized to deny burial in veterans' cemeteries to persons who are shown by clear and convincing evidence to have committed a federal or state capital crime but were not convicted of that crime because of flight to avoid prosecution or by death prior to trial.</text> </paragraph> <paragraph num="D."> <text>The Secretary of the U.S. Department of Veterans Affairs is authorized to provide aid to states for the establishment, expansion, improvement, or all of these, of veterans' cemeteries on the condition that the state is willing to prohibit burial or memorialization in these cemeteries of individuals convicted of federal or state capital crimes, or who have been found by clear and convincing evidence to have committed these crimes, without having been convicted of the crimes due to flight to avoid prosecution or death prior to trial (38 U.S.C. 2408(d)(2)).</text> </paragraph> <paragraph num="E."> <text>The prohibition under §D of this regulation is also extended to other burial benefits, including furnishing a Presidential memorial certificate, a burial flag, or a headstone or marker.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Assignment of Gravesites."> <paragraph num="A."> <text>One gravesite shall be assigned for the burial of an eligible veteran and the eligible members of the veteran's immediate family. If a family member is to be buried, burial shall be either above or below the veteran.</text> </paragraph> <paragraph num="B."> <text>A particular gravesite may not be reserved in advance. Assignment of a gravesite is made on the basis of availability at the cemetery closest to the veteran's home at the time a request for interment is received, and after eligibility of the veteran or member of the veteran's immediate family is established.</text> </paragraph> <paragraph num="C."> <text>A qualified veteran or member of the veteran's family may apply in advance for eligibility for interment in a State veterans' cemetery by filing a pre-application with the Department, and furnishing appropriate evidence of honorable military service and legal residence within the State. Applicants shall be notified of the action taken on their request by the appropriate State veterans' cemetery. At the time of the death of the veteran or eligible family member, the veteran's continued eligibility for burial must be confirmed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Burial in a State Veterans' Cemetery."> <paragraph num="A."> <text>A grave liner is required for burial of all casketed remains in a State veterans' cemetery.</text> </paragraph> <paragraph num="B."> <text>Burial Benefit.</text> <paragraph num="(1)"> <text>An eligible veteran or an eligible family member shall be furnished a burial plot, a grave liner, and interment services at no expense to the veteran, the eligible family member, or the estate of the veteran or eligible family member. Other expenses incurred in the preparation or transportation of the remains are not paid by the Department.</text> </paragraph> <paragraph num="(2)"> <text>The benefit of a no-cost burial for a veteran or eligible family member is a one-time benefit. Disinterment or reinternment in a State veterans’ cemetery of a veteran or eligible family member will each incur a fee equivalent to the amount of the burial plot allowance from the U.S. Department of Veterans Affairs for burial of casketed or cremated remains in a State veterans’ cemetery, effective for a date of death equivalent to the date of disinterment or reinternment of the veteran or eligible family member.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An eligible family member shall be buried in the plot assigned to the veteran or in the next available plot.</text> </paragraph> <paragraph num="D."> <text>Check Policy.</text> <paragraph num="(1)"> <text>The Department shall accept only the following forms of payment:</text> <paragraph num="(a)"> <text>Funeral home business check;</text> </paragraph> <paragraph num="(b)"> <text>Cashier's check; or</text> </paragraph> <paragraph num="(c)"> <text>Money order.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>All checks shall be made payable to Maryland Department of Veterans Affairs before burial.</text> </paragraph> <paragraph num="(3)"> <text>The Department does not accept cash or personal checks.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If a burial vault is desired, arrangements for its installation shall be made independently by the veteran, surviving next of kin, legal representative, or the administrator, personal representative, or executor of the veteran's estate. The cost of the vault and installation may not be paid by the Department.</text> </paragraph> <paragraph num="F."> <text>A burial permit is required in accordance with the regulations established by the State and local authorities before burial may be made.</text> </paragraph> <paragraph num="G."> <text>If a veteran is to be buried in a State veterans' cemetery before verification of the veteran's eligibility, the surviving next of kin, legal representative, or the administrator, personal representative, or executor of the veteran's estate first shall agree in writing to have the remains removed from the cemetery without expense to the State if it is finally determined that the burial was not lawful under existing law and regulations.</text> </paragraph> <paragraph num="H."> <text>If the spouse, dependent minor children, or disabled adult children precede the eligible veteran in death, the veteran shall execute an agreement electing to be buried in the same gravesite before burial may be made in a State veterans' cemetery. If the veteran decides not to abide by the agreement, or the veteran's legal representative fails to abide by that agreement, for any reason other than the unrecoverability of remains, the remains of the family member buried in the State veterans' cemetery shall be removed without cost to the State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Right to Appeal."> <paragraph num="A."> <text>A veteran, or the veteran's legal representative or next of kin, may appeal a decision as to the eligibility of a veteran, or members of the veteran's immediate family, for burial in a State veterans' cemetery.</text> </paragraph> <paragraph num="B."> <text>The appeal shall be in writing, and filed with the Secretary or the Secretary's designee.</text> </paragraph> <paragraph num="C."> <text>If the matter on appeal concerns the right of immediate burial of an individual, the Secretary or the Secretary's designee shall respond to the appeal within 48 hours of its submission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Procedure for Arranging Burial."> <text>The funeral director or other individual making burial arrangements for an eligible decedent should communicate immediately with the superintendent of the nearest State veterans' cemetery. The other individual should furnish all pertinent data, including military service information, the claim number of any U.S. Veterans Administration claim, Social Security number, and other information establishing legal residence within the State. The applicant shall be notified by the cemetery program when burial is authorized by the State veterans' cemetery.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Grave Marker."> <paragraph num="A."> <text>The standard grave marker in a State veterans' cemetery shall be the flat type and made of bronze or stone. Placement of any type other than the standard flat type of marker or headstone must first be approved by the Department.</text> </paragraph> <paragraph num="B."> <text>A permanent type of grave marker may not be furnished at State expense. An appropriate marker, with inscription, will be furnished by the U.S. Department of Veterans Affairs for each veteran through the proper procedures established by the United States Department of Veterans Affairs.</text> </paragraph> <paragraph num="C."> <text>The superintendent of the cemetery, or the superintendent's representative, shall assist with the filing of an application for a grave marker.</text> </paragraph> <paragraph num="D."> <text>The Department is not responsible for damage to, or destruction of, a grave marker or other grave monument by individuals other than employees assigned to that cemetery by the Department.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Reburial in State Veterans' Cemetery."> <paragraph num="A."> <text>Whenever unusual circumstances warrant, the remains of a veteran who met the eligibility requirements for burial in a veterans' cemetery at the time of death may be moved to a Maryland veterans' cemetery for reburial. If the remains of a member of an eligible veteran's immediate family are buried elsewhere, and the veteran wishes them to be reburied in the veteran's plot in a State veterans' cemetery, this also may be done. However, in both instances, the conditions described in this regulation apply.</text> </paragraph> <paragraph num="B."> <text>Documentary evidence of the veteran's eligibility for burial shall first be presented to the superintendent of the veterans' cemetery where the burial is to be made.</text> </paragraph> <paragraph num="C."> <text>Detailed supporting evidence, together with a request for reburial shall then be filed with the State Veterans' Cemetery Superintendent and the Director of Cemetery and Memorial Programs.</text> </paragraph> <paragraph num="D."> <text>If permission for the reburial is granted, a formal agreement shall then be made between the veteran or the veteran's legal representative, the living immediate family members, as well as any other living survivors or heirs, and the Department. A notarized statement signed by all the parties concerned, declaring that there is no objection to the disinterment and reburial, shall be included with the agreement.</text> </paragraph> <paragraph num="E."> <text>All permits required for the disinterment, the transportation, and the reburial of the remains in a State veterans' cemetery shall be furnished by the funeral director concerned. State funds may not be expended to assist with the disinterment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Disinterment."> <paragraph num="A."> <text>If a veteran, who had an immediate family member buried in a grave plot assigned to the veteran, fails to abide by the veteran's agreement to be buried in the same plot, the veteran's heirs and assigns shall have the remains of the family member removed from the cemetery, at no cost to the State.</text> </paragraph> <paragraph num="B."> <text>A burial in a State veterans’ cemetery is considered permanent. However, for compelling or convincing reasons, a disinterment may be permitted if there is no cost to the State and the following conditions are fulfilled:</text> <paragraph num="(1)"> <text>The request for disinterment contains the notarized signature of all living immediate family members of the deceased;</text> </paragraph> <paragraph num="(2)"> <text>The request for disinterment indicates that all other close living relatives of the deceased have no objection to the disinterment; and</text> </paragraph> <paragraph num="(3)"> <text>The necessary permits from the State’s attorney of the county in which the remains are buried and the county department of health, as well as the transit and reburial permits, are obtained by the funeral director.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Appropriate Honors at the Time of Burial."> <text>Eligible veterans may be buried with appropriate honors, including military honors. The Department, including its employees or representatives, is not responsible for providing those honors, although they may assist in making the necessary arrangements.</text> </regulation> <annotations> <annotation type="Authority">State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 18, 1976 (3:17 Md. R. 912)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)</annotation> <annotation type="History" subtype="Administrative History">Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)</annotation> <annotation type="History" subtype="Administrative History">Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)</annotation> <annotation type="History" subtype="Administrative History">Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)</annotation> </annotations> </chapter> </subtitle> <subtitle num="04" heading="Charlotte Hall Veterans' Home"> <chapter num="01" heading="Admission to Charlotte Hall Veterans' Home"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter establishes eligibility requirements and admission procedures for Charlotte Hall Veterans' Home.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility Requirements."> <paragraph num="A."> <text>The following individuals are eligible for admission:</text> <paragraph num="(1)"> <text>A Maryland veteran, 62 years old or older, who:</text> <paragraph num="(a)"> <text>Served on full time active duty in the U.S. Armed Forces, other than active duty for training, and was discharged or released under honorable conditions; and</text> </paragraph> <paragraph num="(b)"> <text>Has documented residence in the State as follows:</text> <paragraph num="(i)"> <text>90 days residence in the State immediately preceding admission to the nursing home;</text> </paragraph> <paragraph num="(ii)"> <text>2 years residence in the State immediately preceding admission to the assisted living unit, to be eligible to receive a State subsidy;</text> </paragraph> <paragraph num="(iii)"> <text>90 days residence in the State immediately preceding admission to the assisted living unit, if there is no cost to the State until the 2-year residence requirement has been met; or</text> </paragraph> <paragraph num="(iv)"> <text>The veteran's DD Form 214 or other discharge document contains a Maryland address as the “Permanent Address” or “Home of Record”;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Certain members of a reserve component of the U.S. Armed Forces who meet the legal residence requirements; and</text> </paragraph> <paragraph num="(3)"> <text>Certain nonveteran spouses of veterans eligible to be admitted to Charlotte Hall, provided the nonveteran spouses are at no cost to the State, except for Medicaid.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A resident under §A(1)(b)(iii) of this regulation shall be able to pay in full for all care and services until the 2-year residency is met.</text> </paragraph> <paragraph num="C."> <text>Individuals not eligible for admission are:</text> <paragraph num="(1)"> <text>An individual whose only separation from one of the U.S. Armed Forces was other than honorable;</text> </paragraph> <paragraph num="(2)"> <text>An individual ordered to report to an induction station who was not actually inducted into the military service;</text> </paragraph> <paragraph num="(3)"> <text>An individual convicted of subversive activities after September 1, 1959, against the United States, except that eligibility shall be reinstated if a pardon is granted by the President of the United States;</text> </paragraph> <paragraph num="(4)"> <text>An individual younger than 62 years old, unless the individual is:</text> <paragraph num="(a)"> <text>Disabled and unable to work through no fault of the individual; and</text> </paragraph> <paragraph num="(b)"> <text>Receiving disability benefits from either Social Security or the U.S. Veterans' Benefits Administration, with a U.S. Veterans' Benefits Administration disability award being 70 percent or higher, of which at least one award must be 40 percent or greater;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A nonveteran spouse of a veteran not eligible for admission to Charlotte Hall;</text> </paragraph> <paragraph num="(6)"> <text>A nonveteran spouse who cannot provide proof of legal marriage to a veteran who is eligible for admission;</text> </paragraph> <paragraph num="(7)"> <text>A divorced or former nonveteran spouse of a veteran eligible for admission;</text> </paragraph> <paragraph num="(8)"> <text>A nonveteran spouse that cannot pay for care, has no insurance, or is not eligible for Medicaid;</text> </paragraph> <paragraph num="(9)"> <text>A nonveteran spouse that is not 62 years old or older;</text> </paragraph> <paragraph num="(10)"> <text>An individual with medical or mental conditions beyond the Home's capability to care for the individual;</text> </paragraph> <paragraph num="(11)"> <text>An individual with:</text> <paragraph num="(a)"> <text>A history of acts of violence, theft, addictive substance use or abuse, sexual offenses; or</text> </paragraph> <paragraph num="(b)"> <text>Either pending criminal charges or pending civil, administrative, or institutional complaints for one or more of the acts in §C(11)(a) of this regulation;</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>An individual who has abused alcohol or other substances, that has not successfully completed a structured, residential rehabilitative program at least 21 days in length, either after the individual's last substance use or immediately before the individual's admission, if admitted; and</text> </paragraph> <paragraph num="(13)"> <text>An individual who for any reason may pose an unacceptable level of danger to other residents if admitted.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Establishing Admission Eligibility. An individual's status as a veteran, legal residence within Maryland, age, or disability, or status as the legal nonveteran spouse of an eligible veteran, must be established by specific and substantial evidence before an applicant may be admitted.</text> </paragraph> <paragraph num="E."> <text>Evidence of Qualifying Military Service. One or more of the following documents constitute acceptable evidence of qualifying military service:</text> <paragraph num="(1)"> <text>Military discharge records, such as a DD Form 214 or WD AGO Form 53-55;</text> </paragraph> <paragraph num="(2)"> <text>A document issued by the National Personnel Records Center that carries the weight of an official discharge document;</text> </paragraph> <paragraph num="(3)"> <text>A document, or State record, that establishes honorable, active duty service in the U.S. Armed Forces, other than for training;</text> </paragraph> <paragraph num="(4)"> <text>A report of retirement points credited to members of a reserve component of the U.S. Armed Forces; or</text> </paragraph> <paragraph num="(5)"> <text>Certification issued by the Services Program of the Department.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Evidence of Maryland Residence.</text> <paragraph num="(1)"> <text>The applicant shall establish that the applicant was a resident of Maryland for the stipulated minimum periods of time before admission, or the veteran's DD Form 214 or other discharge document shall contain a Maryland address as the “Permanent Address” or “Home of Record”.</text> </paragraph> <paragraph num="(2)"> <text>Residency may be confirmed in one of the following manners:</text> <paragraph num="(a)"> <text>Military records, such as a DD Form 214, which establish a Maryland home of record at the time of entrance into military service; or</text> </paragraph> <paragraph num="(b)"> <text>Draft board records, or State records, establishing legal residence at time of entrance into military service.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Proof of legal residence to qualify for admission may also be met by providing at least two of the following, in the applicant's name and showing the Maryland address:</text> <paragraph num="(a)"> <text>A current valid Maryland driver's license with an appropriate date of issue;</text> </paragraph> <paragraph num="(b)"> <text>Certified copies of Maryland income tax returns, filed by the veteran in the most recent year or years preceding admission;</text> </paragraph> <paragraph num="(c)"> <text>A current voter's registration card;</text> </paragraph> <paragraph num="(d)"> <text>The records of a nursing home, hospital, or institution where the veteran may have been a patient immediately preceding admission;</text> </paragraph> <paragraph num="(e)"> <text>First class mail from federal or State government agencies, including the postmarked envelope;</text> </paragraph> <paragraph num="(f)"> <text>Maryland vehicle registration card or title;</text> </paragraph> <paragraph num="(g)"> <text>Utility, telephone, cable television, and Internet service bills;</text> </paragraph> <paragraph num="(h)"> <text>Checking or savings account statement, from a bank or credit union, including canceled checks with imprinted name and address;</text> </paragraph> <paragraph num="(i)"> <text>Life, car, health, or homeowner's insurance card, bill, or policy;</text> </paragraph> <paragraph num="(j)"> <text>Residential rental contract;</text> </paragraph> <paragraph num="(k)"> <text>Major credit card bills;</text> </paragraph> <paragraph num="(l)"> <text>Installment loan contract from a bank or other financial institution;</text> </paragraph> <paragraph num="(m)"> <text>Sales tax or business license;</text> </paragraph> <paragraph num="(n)"> <text>U.S. savings bond;</text> </paragraph> <paragraph num="(o)"> <text>Residential service contract, for example, television repair, lawn service, or exterminator contract;</text> </paragraph> <paragraph num="(p)"> <text>W-2 form from the most recent tax year or years preceding admission;</text> </paragraph> <paragraph num="(q)"> <text>Paychecks or pay stubs issued immediately preceding admission;</text> </paragraph> <paragraph num="(r)"> <text>Retirement plan statements; or</text> </paragraph> <paragraph num="(s)"> <text>Any other substantial evidence that may establish the required residency, at the discretion of the Home.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the military record in §F(2)(a) of this regulation contains only a permanent mailing address, place of entry, or place of discharge, residence shall be proved in another manner.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Burden of Proof in Establishing Eligibility. The burden of proof in establishing eligibility for admission to Charlotte Hall is upon the applicant, the applicant's responsible party, next-of-kin, or legal representative, or the individual making application on behalf of the applicant.</text> </paragraph> <paragraph num="H."> <text>Right to Appeal Eligibility Determinations. The applicant, or the applicant's responsible party, or legal representative, may appeal a decision concerning eligibility of an applicant for admission to Charlotte Hall. The appeal shall be in writing and submitted to the Director, Veterans' Home Program, Charlotte Hall Veterans' Home, within 10 working days of notification of ineligibility to be admitted. If the applicant desires to appeal the Director of the Veterans' Home Program's appeal decision, the next and final appeal must be submitted in writing to the Secretary within 10 working days of the Director of the Veterans' Home Program's decision. This appeal shall be heard by the Secretary or the Secretary's designee.</text> </paragraph> <paragraph num="I."> <text>In order to be considered for admission to Charlotte Hall Veterans' Home, a veteran shall:</text> <paragraph num="(1)"> <text>Have had active duty service in the U.S. Armed Forces, the Commissioned Corps of the Public Health Service, or the Commissioned Corps of the National Oceanic and Atmospheric Administration at any time;</text> </paragraph> <paragraph num="(2)"> <text>Have been discharged under honorable conditions;</text> </paragraph> <paragraph num="(3)"> <text>Be incapable of earning a living because of age, disease, or disability;</text> </paragraph> <paragraph num="(4)"> <text>Be a resident of Maryland pursuant to §§A(1)(b) and F of this regulation; and</text> </paragraph> <paragraph num="(5)"> <text>If applicable, provide a copy of DD Form 214, including Part IV.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application Procedures."> <text>An applicant shall:</text> <paragraph num="A."> <text>Furnish proof of service or proof of spouse's service;</text> </paragraph> <paragraph num="B."> <text>Complete an application form that provides information about the applicant's personal history and financial status;</text> </paragraph> <paragraph num="C."> <text>Enclose a copy of honorable discharge papers;</text> </paragraph> <paragraph num="D."> <text>Submit an income affidavit;</text> </paragraph> <paragraph num="E."> <text>Have the results of a physical exam documented by the applicant's physician on the application form; and</text> </paragraph> <paragraph num="F."> <text>Provide the medical director with medical records if the applicant has been hospitalized.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Admission Requirements."> <paragraph num="A."> <text>In order to be considered for admission, a veteran or spouse:</text> <paragraph num="(1)"> <text>May not require acute care;</text> </paragraph> <paragraph num="(2)"> <text>May not have any infectious, communicable disease that would present a continuing health risk to other residents of the home;</text> </paragraph> <paragraph num="(3)"> <text>May not be mentally ill or dangerous to self or others so that extensive psychiatric care is required;</text> </paragraph> <paragraph num="(4)"> <text>May not be chemically dependent, to substances such as drugs, narcotics, or alcohol, and, if previously dependent, shall have participated in a structured rehabilitative program before admission; and</text> </paragraph> <paragraph num="(5)"> <text>Shall have a completed physical exam.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a veteran has criminal charges pending, is under a lawful detainer, or has been convicted of a crime, the Department shall evaluate the charges or conviction to determine whether admission to Charlotte Hall is appropriate.</text> </paragraph> <paragraph num="C."> <text>Charlotte Hall Veterans' Home may admit only those veterans and spouses for whom the Home is capable of providing the appropriate level of care required.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §§9-902, 9-909, 9-910, and 9-911, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 10, 1986 (13:3 Md. R. 273)</annotation> <annotation type="History" subtype="Administrative History">Chapter 14.16.01 repealed effective August 11, 2008 (35:16 Md. R. 1392)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 adopted effective August 11, 2008 (35:16 Md. R. 1392)</annotation> </annotations> </chapter> </subtitle> <subtitle num="05" heading="Maryland Veterans Trust Fund"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>To carry out the responsibilities and goals of the Department, there is a Maryland Veterans Trust Fund within the Department.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definition."> <paragraph num="A."> <text>In this subtitle, the following term has the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Term Defined. “Fund” has the meaning stated in State Government Article, §9-913(a), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General."> <paragraph num="A."> <text>The Fund consists of gifts and grants that the Department receives under State Government Article, §9-912(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The Secretary shall administer the Fund.</text> </paragraph> <paragraph num="C."> <text>The Maryland Veterans Commission, the Maryland Veterans' Home Commission, and program directors shall advise the Secretary on the administration of the Fund.</text> </paragraph> <paragraph num="D."> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </paragraph> <paragraph num="E."> <text>The State Treasurer shall invest the money in the Fund in the same manner as other State money may be invested.</text> </paragraph> <paragraph num="F."> <text>Any investment earnings of the Fund shall be credited to the Fund.</text> </paragraph> <paragraph num="G."> <text>The Fund is a special, nonlapsing fund that is not subject to reversion under State Finance and Procurement Article, §7-302, Annotated Code of Maryland.</text> </paragraph> <paragraph num="H."> <text>Money expended from the Fund is supplemental to and is not intended to take the place of funding that would otherwise be appropriated to the Department.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Use of Fund."> <text>Unless the terms of a gift or grant require otherwise, and subject to the approval of the Secretary, money in the Fund may:</text> <paragraph num="A."> <text>Be used to provide grants or loans to:</text> <paragraph num="(1)"> <text>Veterans and their families;</text> </paragraph> <paragraph num="(2)"> <text>Public and private programs that support veterans and their families; or</text> </paragraph> <paragraph num="(3)"> <text>Any other programs that the Secretary considers appropriate; or</text> </paragraph> </paragraph> <paragraph num="B."> <text>Be invested, including all or part of the principal and income, in:</text> <paragraph num="(1)"> <text>General obligations of the State; or</text> </paragraph> <paragraph num="(2)"> <text>Any other security.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §§9-902, 9-912, and 9-913, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 adopted as an emergency provision effective October 1, 2009 (36:21 Md. R. 1588); emergency status expired effective March 1, 2010</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 adopted effective September 6, 2010 (37:18 Md. R. 1216)</annotation> </annotations> </chapter> </subtitle> <subtitle num="06" heading="Maryland Veterans Service Animal Program"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish procedures for the Department to carry out the responsibilities and goals of the Maryland Veterans Service Animal Program pursuant to State Government Article, §9-957(h), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Eligible nonprofit training entity” means a nonprofit training entity that qualifies under State Government Article, §9-957(d)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Eligible veteran” has the meaning stated in State Government Article, §9-957(a)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Fund” has the meaning stated in State Government Article, §9-957(a)(3), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Nonprofit training entity” has the meaning stated in State Government Article, §9-957(a)(4), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Program” means the Maryland Veterans Service Animal Program.</text> </paragraph> <paragraph num="(6)"> <text>“Program participant” has the meaning stated in State Government Article, §9-957(a)(6), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>Service Dog</text> <paragraph num="(a)"> <text>“Service dog” has the meaning stated in the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., as amended.</text> </paragraph> <paragraph num="(b)"> <text>“Service dog” includes any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.</text> </paragraph> <paragraph num="(c)"> <text>“Service dog” does not include any other species of animal, whether wild or domestic, trained or untrained.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Successful program participant” has the meaning stated in State Government Article, §9-957(a)(7), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Support dog” means a dog that is individually trained and that serves as an emotional support animal or therapy animal that a medical professional, within the medical professional’s scope of practice, has determined provides benefit for an individual with a sensory, psychiatric, intellectual, or other disability.</text> </paragraph> <paragraph num="(10)"> <text>“Therapy horse” means a horse determined appropriate for interactions with veterans at a stable licensed by the State that is a Professional Association of Therapeutic Horsemanship, International (PATH, Intl.) member center or has Equine Assisted Growth and Learning Association (EAGALA) certified professionals who provide services to veterans.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Applicability."> <text>These regulations apply to every expenditure by the Department of money from the Fund.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Program Outreach."> <paragraph num="A."> <text>The Department will promote the program to eligible veterans using website announcements, social media sites, electronic newsletters, print media and brochures, and community outreach events.</text> </paragraph> <paragraph num="B."> <text>The Department will encourage successful program participants to assist with program outreach and referral of eligible veterans.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Referral of Eligible Veterans to Selected Nonprofit Training Entities."> <paragraph num="A."> <text>Eligible nonprofit training entities must complete a Program application and submit any additional information or documentation requested by the Department.</text> </paragraph> <paragraph num="B."> <text>Nonprofit training entities must be registered and in good standing with the Office of the Secretary of State to be considered.</text> </paragraph> <paragraph num="C."> <text>The Department will publish a list of the selected nonprofit training entities on its website.</text> </paragraph> <paragraph num="D."> <text>The Department will refer veterans to the list of entities and maintain a record of referrals made.</text> </paragraph> <paragraph num="E."> <text>The nonprofit training entity will screen a referred veteran for eligibility to become a program participant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Donations to the Fund."> <paragraph num="A."> <text>The Department will accept online donations through its website.</text> </paragraph> <paragraph num="B."> <text>The Department will allow donors to request anonymity before publishing an annual list of donors.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Disbursements from the Fund to Selected Nonprofit Training Entities."> <paragraph num="A."> <text>The Department shall review grant applications and award grant awards to approved nonprofit training entities.</text> </paragraph> <paragraph num="B."> <text>Nonprofit training entities shall submit progress reports to the Department.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §9-957, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: Effective December 18, 2017 (44:251 Md. R. 1185)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 173); January 24, 2022 (49:2 Md. R. 79); January 8, 2024 (50:26 Md. R. 1133)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective February 10, 2020 (47:3 Md. R. 173)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective July 30, 2018 (45:15 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 repealed and new Regulation .07 adopted effective January 24, 2022 (49:2 Md. R. 79)</annotation> </annotations> </chapter> </subtitle>