reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.12 - Public Corruption and Misconduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an investigation of a complaint under this chapter determines that an employee has committed a violation of a criminal or the Maryland Public Ethics Law, State Government Article, Title 15, Annotated Code of Maryland, the Director, or a designee, shall notify the:
(1) Chief counsel to the Governor; and
(2) Assistant attorney general for the Department.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.02 - Public Information Requests › Section 12.11.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A person shall use the following procedures to inspect or copy public records maintained by the Department of Public Safety and Correctional Services.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.02 - Public Information Requests › Section 12.11.02.03 - Who May Inspect or Copy a Public Record

Current through Register Vol. 51, No. 14, July 12, 2024
A person may inspect or copy a public record unless that inspection is:
A. An unwarranted invasion of the person in interest's privacy; or
B. Prohibited by law or regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.02 - Public Information Requests › Section 12.11.02.04 - Requesting to Inspect or Copy a Public Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. Written Application. Unless exempt under State Government Article, §
									10-614(a)(2), Annotated Code of Maryland, a person requesting to inspect or copy a public record shall submit a written application to the custodian of the record to be inspected or copied.
B. Contents of Application to Inspect or Copy a Public Record. A person requesting to inspect or copy a public record shall submit a written application that:
(1) Provides the person's name and address; and
(2) Identifies the record to be inspected or copied.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.02 - Public Information Requests › Section 12.11.02.05 - Processing an Application to Inspect or Copy a Public Record

Current through Register Vol. 51, No. 14, July 12, 2024
A custodian receiving an application to inspect or copy a public record under that custodian's control:
A. Shall grant or deny the request within 30 days of receipt of the application;
B. Unless prohibited by law, may:
(1) Notify a person in interest adversely affected by disclosure of a public record that an application to inspect or copy a public record related to the person in interest has been made; and
(2) Consider the views of the person in interest before granting a request to inspect or copy that public record; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.02 - Public Information Requests › Section 12.11.02.06 - Inspecting or Copying a Public Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian grants a request, the custodian shall make the record available:
(1) Immediately; or
(2) Within 30 days from the date of the request based on time required to retrieve the public record.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.02 - Public Information Requests › Section 12.11.02.07 - Denial of a Request to Inspect or Copy a Public Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. A custodian may deny a request to inspect or copy a public record under State Government Article, §§
									10-615 -10-619, Annotated Code of Maryland.
B. If a custodian denies a request to inspect or copy a public record, the custodian shall:
(1) Immediately notify the applicant; and
(2) Within 10 working days, provide the applicant with a written statement that provides the:
(a) Reason for the decision;
(b) Legal basis for the decision; and
(c) Notice of remedies for review of the denial.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.02 - Public Information Requests › Section 12.11.02.08 - Review of the Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a custodian denies a request to inspect or copy a public record for a reason other than the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative review of that denial.
B. If the applicant requests an administrative review of the denial, the agency head shall require that the administrative review is conducted according to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland and COMAR 12.11.04. Under State Government Article, §10-623, Annotated Code of Maryland, a person adversely impacted by a decision under §A of this regulation may file a complaint with the circuit court.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.01 - Emergency Number Systems Board Authority

Current through Register Vol. 51, No. 14, July 12, 2024
The Emergency Number Systems Board shall coordinate the implementation, enhancement, maintenance, and operation of county or multicounty 9-1-1 systems.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Additional charge" has the meaning stated in Public Safety Article, §
										1-301, Annotated Code of Maryland.
(2) "Board" means the Emergency Number Systems Board.
(3) "9-1-1 system" means a telephone service or any other communication service that meets the planning guidelines under Public Safety Article, §
										1-306, Annotated Code of Maryland, and automatically connects an individual dialing the digits 9-1-1 to a public safety answering point.
(4) "Public safety answering point" has the meaning stated in Public Safety Article, §
										1-301, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.03 - The Emergency Number Systems Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Emergency Number Systems Board is under the direction of the Secretary of Public Safety and Correctional Services.
B. Board membership shall be according to Public Safety Article, §
									1-305, Annotated Code of Maryland.
C. The Board shall meet as necessary, but not less than quarterly each calendar year.
D. The Board requires a majority of confirmed members present at a meeting to constitute a quorum.
E. The Board requires a majority vote of members present at a meeting before taking action.
F. The Board shall coordinate enhancement of county or multicounty 9-1-1 systems according to provisions under Public Safety Article, §
									1-306, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.04 - Implementation by County or Multicounty Area

Current through Register Vol. 51, No. 14, July 12, 2024
A county or multicounty area shall maintain an enhanced 9-1-1 system that:
A. Uses the digits 9-1-1 as the published emergency telephone number for access to emergency services;
B. Has public safety answering points that provide 24-hour public access and dispatch service;
C. Provides transfer and referrals to related public safety services;
D. Provides for staffing all public safety answering points with personnel trained as required by this chapter;
E. Provides for equipping all public safety answering points with adequate access to TTY equipment to facilitate use by an individual with a speech or hearing disability;
F. Provides access to services for an individual who does not speak or understand the English language;
G. May provide access to local emergency management centers for all public safety answering points;
H. Permits a county to designate a public safety answering point using cooperative arrangements acceptable to the participating agencies;
I. Permits public safety answering points to transfer or relay emergency calls received requiring services outside of the jurisdiction of the system receiving the call;
J. Maintains a current master street address guide and communicates updated information to parties responsible for an automatic number identification (ANI) and automatic location identification (ALI) system;
K. Uses telephone equipment and services that provide:
(1) A visual or audible indication, or both, of an incoming call;
(2) The capability for the call taker to monitor a transferred call to ensure that the call is properly transferred;
(3) Annual telephone company monitoring of service to determine the grade of service and, if appropriate, to make recommendations to ensure that not more than one busy signal in every 100 incoming calls during an average busy hour is maintained; and
(4) Documentation of the date and time a 9-1-1 call is received; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.05 - Plans for More Than One Public Safety Answering Point in a County

Current through Register Vol. 51, No. 14, July 12, 2024
A county with a plan for more than one public safety answering point in the county shall submit the plan to the Board for consideration subject to the following:
A. The county administration submitting the plan and not the individual agency within the county shall receive and distribute funding; and
B. The plan shall meet the criteria established under this chapter, unless the Board approves a variation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.06 - Minimum Enhanced 9-1-1 System Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
At a minimum, an enhanced 9-1-1 system implemented in Maryland shall include:
A. Sufficient incoming 9-1-1 lines for each telephone central office to ensure that not more than one in 100 call attempts during the average busy hour is blocked;
B. Connections to all public safety agencies covered by the system;
C. 24 hour, 7 day operation of the public safety answering point staffed with personnel trained as required under this chapter;
D. First priority to answering 9-1-1 calls;
E. Electronic recording of all 9-1-1 calls;
F. Playback capability of all 9-1-1 calls;
G. Connection to adjacent public safety answering points by private lines when there is a telephone exchange and jurisdictional boundary not covered by selective routing;
H. Security measures sufficient to minimize intentional disruption of the operation;
I. Standby emergency electrical power to keep the public safety answering point operating when commercial power fails;
J. At least one administrative line for nonemergency calls;
K. Written operational procedures;
L. Automatic location identification (ALI), which displays, at the public safety answering point, the address or location of the calling instrument;
M. Automatic number identification (ANI), which displays, at the public safety answering point, the calling telephone number;
N. Central office identification used to identify dedicated lines or trunks from a central office when a public safety answering point serves more than one central office;
O. A distinct tone, visible signal, or other process for:
(1) Alerting the call taker that an incoming 9-1-1 call was disconnected; and
(2) Receiving and displaying the telephone number with ANI and ALI information for a disconnected 9-1-1 call, when available;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.07 - Minimum Features of a 3-1-1 System

Current through Register Vol. 51, No. 14, July 12, 2024
A. A county or multicounty system may establish a 3-1-1 system to reduce congestion on the 9-1-1 system operation.
B. At a minimum, a 3-1-1 system shall include the following:
(1) Switching or programming to direct a 3-1-1 call to a nonemergency answering position;
(2) A 3-1-1 answering position that shall be capable of:
(a) Immediately transferring an emergency call to a 9-1-1 answering position or an adjoining public safety answering point;
(b) Transferring a nonemergency call to an adjoining jurisdiction or appropriate agency; and
(c) Providing an individual:
(i) With a speech or hearing disability access to TTY services; or
(ii) Who does not speak or understand the English language access to alternative communication services; and
(3) A 3-1-1 call taker trained to handle nonemergency calls and to transfer emergency calls to a 9-1-1 call taker.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.08 - Operational Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. A county or multicounty system shall have and maintain a written operational plan for public safety services signed by public safety agencies within the public safety answering point area of responsibility.
B. A public safety agency included in an operational plan under §A of this regulation shall be familiar with the operational procedures of the other public safety agencies included in the same operational plan.
C. An operational plan shall provide for uniform methods and procedures to ensure effective interagency communications.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.09 - Safeguarding Telephone Circuits by Telephone Companies

Current through Register Vol. 51, No. 14, July 12, 2024
A. A facility housing 9-1-1 telephone equipment shall:
(1) Be equipped at all exposed terminations, including central office distributing frames, with protective devices that prevent accidental worker contact; and
(2) Include clearly identified protected terminations to distinguish protected terminations from other circuitry.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.10 - Public Safety Answering Point Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. A county shall staff a public safety answering point with personnel who can properly process a call from a machine used by an individual who has a speech or hearing impairment.
B. Within 6 months of hiring a public safety answering point call taker, a county shall train the new call taker using a curriculum adopted or approved by the Board.
C. A county shall provide a public safety answering point call taker with yearly in-service training using a curriculum adopted or approved by the Board.
D. Training shall include:
(1) Public safety answering point orientation;
(2) Communication skills;
(3) Electronic systems;
(4) Policies and procedures;
(5) Call processing;
(6) Documentation;
(7) Dispatch procedures;
(8) Stress management;
(9) Public relations;
(10) Administrative duties; and
(11) Disaster and major incident training.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.11 - 9-1-1 Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall ensure that collection, maintenance, dispersal, and auditing of 9-1-1 fees is conducted according to Public Safety Article, §§
									1-308 -1-312, Annotated Code of Maryland.
B. Additional Charges-Local Government.
(1) In addition to the fee charged under Public Safety Article, §
										1-310, Annotated Code of Maryland, a county with an operational 9-1-1 system under Public Safety Article, §
										1-304, Annotated Code of Maryland, may, by ordinance or resolution after public hearing, enact or adopt an additional monthly charge not to exceed the limits under Public Safety Article, §
										1-311, Annotated Code of Maryland, to be applied to current bills, within that county, for:
(a) Switched local exchange access service; and
(b) Wireless telephone service or other 9-1-1 accessible service.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.12 - Equipment Which Qualifies for Funding or Reimbursement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Equipment that qualifies for purchase with funds from the 9-1-1 Trust Fund includes:
(1) Equipment for connecting and outswitching 9-1-1 calls within a telephone central office;
(2) Trunking facilities from the central office to a public safety answering point;
(3) Equipment to connect 9-1-1 calls to the appropriate public safety agency; and
(4) Equipment for a 3-1-1 system.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.13 - Submission of 9-1-1 Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. A county requesting reimbursement from the 9-1-1 Trust Fund for mandated equipment, 9-1-1 enhancements, or technological advancements shall submit the request to the Board for approval.
B. A county shall submit a plan, request, report, or question to the Chairman, Emergency Number Systems Board.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.14 - Request for Reimbursement from the 9-1-1 Trust Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. A county shall submit a request for reimbursement from the 9-1-1 Trust Fund to the Board in a format and according to procedures established by the Board.
B. Reimbursement Processing.
(1) A county public safety answering point director or a 9-1-1 administrator shall submit a written or electronic request for reimbursement to the Board so that it is received at least 2 weeks before a Board meeting at which it is to be considered.
(2) The county's public safety answering point director or 9-1-1 administrator, or a designee, shall attend the meeting at which the request is to be considered.
(3) The Board shall review the request and, if approved, encumber funds up to the amount of the request.
(4) The county shall ensure that the county's procurement laws and policies are followed.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.15 - Variations or Waivers of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon request by a county, the Board may grant a waiver or variance of the regulations contained in this chapter.
B. A county may submit a written or electronic request for waiver or variance to the Board that includes:
(1) Number of persons affected;
(2) Impact of a variance or waiver;
(3) Alternative methods;
(4) Technical difficulties;
(5) Cost.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.16 - 9-1-1 System Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may instruct the State Comptroller to withhold funds from a county for 9-1-1 system expenditures for a violation under:
(1) Public Safety Article, §
										1-312, Annotated Code of Maryland; or
(2) The regulations in this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.03 - 9-1-1 Emergency Telephone System › Section 12.11.03.17 - Decisions of the Board

Current through Register Vol. 51, No. 14, July 12, 2024
After the Board conducts a hearing or a review of a request under this chapter, the Board shall ensure that the Board's decision is:
A. In writing and stated in the record;
B. Accompanied by findings of fact and conclusions; and
C. Provided to the applicant with a copy of the written record containing the information noted under §§A and B of this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to proceedings before agencies of the Department of Public Safety and Correctional Services if an issue concerning the legal rights, duties, statutory entitlements or privileges of a party is required by law or constitutional right to be determined by a hearing.
B. This chapter does not apply to:
(1) Personnel grievance hearings;
(2) Conferences;
(3) Informal investigations;
(4) Proceedings before agencies that have adopted regulations governing that agency's hearings; or
(5) Other proceedings in which hearings are not required by law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agency" has the meaning stated in COMAR 12.11.02.02B.
(2) "Agency head" has the meaning stated in COMAR 12.11.02.02B.
(3) "Contested case" has the meaning stated in State Government Article, §
										10-202, Annotated Code of Maryland.
(4) "Department" has the meaning stated in COMAR 12.11.02.02B.
(5) Party.
(a) "Party" means a person, an agency, or another entity involved in the contested case.
(b) "Party" includes any other person, agency or legal entity which may be substantially affected by the outcome of the contested case.
(6) "Presiding officer" has the meaning stated in State Government Article, §
										10-202(g), Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.03 - Presiding Officer

Current through Register Vol. 51, No. 14, July 12, 2024
A. The presiding officer shall be:
(1) The agency head or designee of the agency involved; or
(2) An individual specifically designated by law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.04 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agency shall provide each party an opportunity to be heard in a contested case.
B. The presiding officer shall provide each party written notice of a hearing mailed not less than 10 days before the date of the hearing.
C. The presiding officer shall include in the notification of a hearing the information required under State Government Article, §
									10-208, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.05 - Postponement of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The presiding officer may postpone a hearing upon written request by any party.
B. Postponements may be granted for reasons satisfactory to the presiding officer.
C. The presiding officer shall notify each party of the postponement and the new hearing date.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.06 - Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may:
(1) Appear in person to the extent permitted by law; or
(2) Be represented by an attorney licensed to practice law in Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.07 - Records and Transcripts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The presiding officer shall require that a record is made of each hearing.
B. The record shall include the information required under State Government Article, §
									10-218, Annotated Code of Maryland.
C. The presiding officer shall use electronic equipment or a stenographer to record a hearing.
D. The presiding officer shall have a transcript of all or part of the oral proceedings prepared upon the request of, and the advance payment of the cost by, a party.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.08 - Post Hearing Memoranda or Briefs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Following the hearing, the presiding officer may allow or require memoranda or briefs on the issues of fact and law involved in the contested case.
B. Memoranda or briefs shall be filed in the form, with the number of copies, and at the time directed by the presiding officer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.09 - Decisions and Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. The presiding officer shall use a preponderance of evidence as the standard of proof, unless the standard of clear and convincing evidence is required by regulation or statute.
B. The presiding officer shall:
(1) Prepare the final decision in writing or state it in the record;
(2) If the final decision is in writing, forward a copy to each party or to the party's attorney;
(3) Include findings of fact and conclusions of law, separately stated; and
(4) Include procedures and time limits for filing exceptions.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.10 - Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for Reconsideration.
(1) Each party may request reconsideration of a final decision.
(2) The party shall:
(a) Direct the request to the presiding officer who made the decision;
(b) File the request within 10 days after receipt of the final decision; and
(c) State the grounds for reconsideration.
(3) The presiding officer deciding the case shall determine to grant or deny the request, in whole or in part, within 30 days of receipt of a request for reconsideration.
(4) A request for reconsideration may not stay a final decision and may not stay the time for filing an appeal from the final decision.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.11 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
Each party aggrieved by a final decision is entitled to judicial review under State Government Article, §§
									10-222 and  10-222.1, Annotated Code of Maryland, or as otherwise provided by law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.12 - Stays Pending Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for Stay.
(1) A party seeking judicial review of a final decision may request a stay of the decision pending judicial review.
(2) A party making a request for a stay shall:
(a) File the request with the agency within 15 days of the date of the decision;
(b) Include the reason for the stay;
(c) Include a copy of the petition of appeal filed in the court having jurisdiction or a statement of the grounds for judicial review; and
(d) Serve a copy of the request on each party to the contested case.
(3) A request for a stay may not extend the time for filing an appeal.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.04 - General Hearing Regulations › Section 12.11.04.13 - Civil Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A party to a contested case may seek civil enforcement of an administrative order by filing a petition in the appropriate circuit court.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.05 - Correction or Amendment of Personal Records › Section 12.11.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. These regulations establish procedures for a person in interest to request the correction or amendment of a personal record maintained by the Department of Public Safety and Correctional Services.
B. These regulations do not apply to criminal history record information defined under Criminal Procedure Article, §
									10-201(d), Annotated Code of Maryland.
C. Procedures for correction or amendment of criminal history record information are provided under Criminal Procedure Article, §§
									10-223 -10-226, Annotated Code of Maryland, and COMAR 12.15.01.07B.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.05 - Correction or Amendment of Personal Records › Section 12.11.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Custodian" has the meaning stated in State Government Article, §
										10-611(c), Annotated Code of Maryland.
(2) "Personal record" has the meaning stated in State Government Article, §10-624(a), Annotated Code of Maryland.
(3) "Person in interest" has the meaning stated in State Government Article, §
										10-611(e), Annotated Code of Maryland.
(4) "Public record" has the meaning stated in State Government Article, §
										10-611(g), Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.05 - Correction or Amendment of Personal Records › Section 12.11.05.03 - Requesting Correction or Amendment of a Personal Record

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest requesting to correct or amend a personal record shall:
A. Make the request in writing;
B. Identify the personal record to be corrected or amended;
C. State the precise correction or amendment requested;
D. State the reason for the correction or amendment; and
E. Direct the request to:
(1) The custodian of the record; or
(2) If the custodian is unknown, the Executive Director of the Human Resources Division for the Department of Public Safety and Correctional Services.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.05 - Correction or Amendment of Personal Records › Section 12.11.05.04 - Response to a Request to Correct or Amend a Personal Record

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days of receipt of the request for correction or amendment, the custodian of the record shall:
A. Make the requested correction or amendment and inform the person in interest, in writing, of the action; or
B. Inform the person in interest, in writing, that the requested correction or amendment will not be acted on because:
(1) The person making the request is not a person in interest;
(2) The record to be corrected or amended is not a personal record;
(3) The personal record requested to be corrected or amended is correct; or
(4) Of any other reason that is authorized by law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.05 - Correction or Amendment of Personal Records › Section 12.11.05.05 - Disagreement with Refusal to Correct or Amend a Personal Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian refuses a requested correction or amendment of a personal record, the person in interest may file with the head of the agency that has authority over the personal record a concise statement of the reasons for disagreeing with the agency's refusal to make the correction or amendment.
B. The person in interest filing a statement under §A of this regulation shall:
(1) File the statement in writing;
(2) Submit the statement on one side of 81/2 x 11 inches paper; and
(3) Limit the statement to a maximum of five pages.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.05 - Correction or Amendment of Personal Records › Section 12.11.05.06 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person in interest may request an administrative review by filing a written request with the Secretary of Public Safety and Correctional Services, if the person in interest has been denied:
(1) An amendment or correction of a record;
(2) The right to file a statement; or
(3) The right to have a statement forwarded to a third party.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.06 - Performance of Duty-Related Death Benefits › Section 12.11.06.01 - Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Death Benefit Eligibility - General.
(1) The Secretary, under Public Safety Article, §
										1-202, Annotated Code of Maryland, may award a death benefit to the surviving spouse, child, dependent parent, or estate of an individual who, after January 1, 2006, died as a result of the performance of duty as a:
(a) Law enforcement officer;
(b) Correctional officer;
(c) Volunteer or career firefighter or rescue squad member;
(d) State Fire Marshal or Deputy State Fire Marshal;
(e) Public safety aviation employee; or
(f) Subject to limitations in State Government Article, §1-202(j), Annotated Code of Maryland, hazardous material response team employee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.06 - Performance of Duty-Related Death Benefits › Section 12.11.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Children" has the meaning stated in Public Safety Article, §
										1-202, Annotated Code of Maryland.
(2) "Correctional officer" has the meaning stated in Public Safety Article, §
										1-202, Annotated Code of Maryland.
(3) "Dependent parent" has the meaning stated under §152 of the Internal Revenue Code of the United States.
(4) "Employee" means an individual eligible for duty-related death benefits under this chapter.
(5) "Individual serving in the Afghanistan or Iraq conflict" has the meaning stated in Public Safety Article, §
										1-202, Annotated Code of Maryland.
(6) "Law enforcement officer" has the meaning stated in Public Safety Article, §
										1-202, Annotated Code of Maryland.
(7) Performance of Duties.
(a) "Performance of duties" has, in the case of an individual under §§A(1)(c) - (f) under Regulation .01 of this chapter, the meaning stated in Public Safety Article, §
											1-202, Annotated Code of Maryland.
(b) "Performance of duties" means, in the case of an individual under §§A(1)(a) and (b) under Regulation .01 of this chapter, the individual was:
(i) Actively participating in an official law enforcement or correctional responsibility;
(ii) Going to or from an official law enforcement or correctional responsibility; or
(iii) Performing other duties necessary to the performance of an official law enforcement or correctional responsibility.
(c) Performance of duties" means, in the case of an individual under §§A(2) under Regulation .01 of this chapter, the individual was actively participating in an official United States military responsibility in Afghanistan or Iraq.
(8) "Secretary" means the Secretary of Public Safety and Correctional Services.
(9) "State Fire Marshal" means a sworn member of the Office of the State Fire Marshal as described in Public Safety Article, Title 6, Subtitle 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.06 - Performance of Duty-Related Death Benefits › Section 12.11.06.03 - Benefit Payment Priority

Current through Register Vol. 51, No. 14, July 12, 2024
A. Death Benefit. When a death benefit is authorized, payment shall be made in the following priority order:
(1) Full payment to the surviving spouse;
(2) If there is no surviving spouse, full payment divided equally among surviving children;
(3) If there is no surviving child, full payment to a surviving dependent parent; or
(4) If there is no surviving dependent parent, full payment to the estate of the decedent.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.06 - Performance of Duty-Related Death Benefits › Section 12.11.06.04 - Notification of Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
A. For the purpose of informing individuals who may be entitled to benefits under this chapter, the Department of Public Safety and Correctional Services (Department) shall work with the Maryland Department of Veteran Affairs, other State and local government agencies and private agencies the Department determines to be appropriate, to communicate the availability of, eligibility criteria for, and application process for a benefit under this chapter.
B. The Department, with the approval of the Secretary, may establish an agreement with the Maryland Department of Veteran Affairs or other State or local government agency for the purpose of communicating the availability of, eligibility criteria for, and application process for a benefit under this chapter.
C. The Executive Director, Human Resources Services Division for the Department of Public Safety and Correctional Services (Executive Director),or a designee, shall take reasonable steps to notify a potential recipient of the death benefit under this chapter:
(1) When the Executive Director receives information concerning the death of an eligible decedent; and
(2) After 1 year from the date of death of an eligible decedent, if no application for the death benefit for the eligible decedent is received.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.06 - Performance of Duty-Related Death Benefits › Section 12.11.06.05 - Benefits Coordinator

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director, or a designee, shall ensure that statutory and regulatory requirements for administration of benefits under this chapter are met.
B. The Executive Director shall:
(1) Create and maintain forms necessary to apply for, process a request for, and award a benefit under this chapter;
(2) To the degree possible, establish a network to identify and notify a surviving spouse, child, dependent parent, or estate potentially eligible to receive a benefit under this chapter;
(3) Accept a request for, process a request for, and award to an eligible recipient a benefit under this chapter according to statutory and regulatory requirements; and
(4) Establish and maintain records related to a request for, processing a request for, and awarding a benefit according to an approved retention schedule.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.06 - Performance of Duty-Related Death Benefits › Section 12.11.06.06 - Applying for Death Benefit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for provisions under §B of this regulation, an individual applying for the death benefit under this chapter shall apply to the Executive Director in writing on forms approved by the Executive Director and provide the Executive Director with:
(1) If the survivor is the spouse of a decedent eligible for the death benefit:
(a) A copy of the decedent's death certificate;
(b) A copy of the decedent's and survivor's marriage certificate;
(c) A copy of the report documenting the circumstances of the decedent's death;
(d) An official written statement from the agency employing the decedent that the decedent died in the performance of duty;
(e) If applicable, a copy of the autopsy report; and
(f) The name, address, and Social Security number of the survivor eligible to receive the death benefit payment;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.06 - Performance of Duty-Related Death Benefits › Section 12.11.06.07 - Applying for Funeral Expenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual applying for funeral expenses under this chapter shall apply to the Executive Director in writing on forms approved by the Executive Director and provide the Executive Director with:
(1) Documentation that may include requirements for information established under Regulation .06 of this chapter to verify that the individual applying for funeral expenses under this chapter is eligible for the benefit; and
(2) A detailed summary of funeral expenses for a decedent representing the total cost of the funeral with invoices supporting the funeral expenses.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.06 - Performance of Duty-Related Death Benefits › Section 12.11.06.08 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. An aggrieved individual may appeal a decision concerning a benefit under this chapter.
B. An appeal of an action under this chapter shall be in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.07 - Psychological Screening-Mandated Positions › Section 12.11.07.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for psychological screening of an applicant for employment in, or reinstatement to, a mandated position with the Department.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.07 - Psychological Screening-Mandated Positions › Section 12.11.07.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Applicant.
(a) "Applicant" means an individual seeking employment with the Department in a mandated position who is:
(i) Initially entering State employment; or
(ii) Currently employed by the State and seeking employment in a designated mandated position.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.07 - Psychological Screening-Mandated Positions › Section 12.11.07.03 - Requirement for Psychological Screening

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for employment in a mandated position designated by the Department as requiring psychological screening shall participate in the Department's psychological screening process if the applicant is:
(1) Initially entering State employment;
(2) Currently employed by the State and seeking employment in a designated mandated position;
(3) Requesting reinstatement to a mandated position after separation from the Department for more than 3 years; or
(4) Being reinstated to a mandated position as ordered by an administrative body or court if the applicant has not been actively performing duties and responsibilities of the mandated position for more than 3 years.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.07 - Psychological Screening-Mandated Positions › Section 12.11.07.04 - Scheduling Psychological Screening

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the applicant accepts a conditional offer of employment or is being reinstated after separation or pursuant to an order by an administrative body or court and is otherwise eligible for employment in a mandated position, the appointing authority, or a designee, shall ensure that the applicant is scheduled for psychological screening by:
(1) Completing a psychological screening worksheet; and
(2) Forwarding the completed worksheet to the Department's Employee Health Services Unit.