reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.13 - Individual Employer Self-Insurer › Section 14.09.13.03 - Revocation of Self-Insured Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approval for self-insurance privileges
				shall be continuous unless and until revoked or withdrawn.
B. Deterioration in the financial strength of
				the self-insurer, which may affect the ability of the self-insurer to pay
				current and future claims when due, may result in modification or revocation of
				self-insurance privileges.
C.
				Failure of a self-insurer to satisfy the Commission of its financial ability to
				secure compensation to pay current and future claims includes the following
				conditions:
(1) 3 straight years of losses or
				negative cash flow from operations;
(2) Negative tangible net worth;
(3) 8 straight quarters of losses;
(4) Noncompliance with lender
				covenants;
(5) Financial
				instability of surety, excess carrier, or letter of credit issuer;
(6) Public disclosure of accounting
				irregularities;
(7) Potential
				insolvency or bankruptcy; or
(8)
				Any other issue that shows financial instability.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.13 - Individual Employer Self-Insurer › Section 14.09.13.04 - Voluntary Withdrawal from the Self-Insurance Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. A self-insurer who voluntarily withdraws
				its privileges or the privileges of a self-insured subsidiary shall:
(1) Provide written notice to the Commission
				by personal delivery or by certified mail, return receipt requested, including
				a:
(a) Recent actuarial report;
(b) Claims payment history for up to 5 years;
				and
(c) Current loss run;
				and
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.13 - Individual Employer Self-Insurer › Section 14.09.13.05 - Revoked and Terminated Self-Insurers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Effective on the date of self-insurance
				revocation or termination, a revoked or terminated self-insurer shall provide
				the Commission with written evidence of workers' compensation insurance from an
				approved commercial carrier or the Maryland Injured Workers Insurance Fund,
				effective on the date of self-insurance termination.
B. A terminated or revoked self-insurer shall
				maintain the security, excess policy, and parental guarantee which were in
				effect for the period while self-insured until released by the
				Commission.
C. Each year, a
				terminated or revoked self-insurer shall provide to the Commission, an audited
				financial statement prepared by an independent certified public accountant. A
				self-insurer shall provide a separate report on a form prescribed by the
				Commission on the balance remaining in reserves, including incurred but not
				reported costs, for the period while self-insured. Any payments made during the
				year as well as the amount of adjustment made to the reserves from the prior
				year shall also be included in the prescribed report. The Commission may waive
				these requirements after 3 years from the date of termination.
D. When the security has been exhausted, the
				surety or administrator shall make a final accounting to the Commission. The
				Commission shall direct the transfer of the workers' compensation records
				associated with the period of self-insurance.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.13 - Individual Employer Self-Insurer › Section 14.09.13.06 - Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				self-insurer shall, as a condition for the approval and continuation of its
				self-insurance privilege, provide a qualifying security deposit to secure the
				payment of compensation. The security is not subject to assignment, execution,
				attachment, or any legal process whatsoever, except as necessary to guarantee
				compensation under this chapter. The Commission may waive security requirements
				for individually self-insured governmental entities.
B. Types of Qualifying Security.
(1) Surety Bond.
(a) A surety bond shall be on a form
				prescribed by the Commission and issued by a company authorized to transact
				surety business in this State by the Maryland Insurance
				Administration.
(b) The surety
				company shall possess a current A. M. Best Rating of A- or better or a
				comparable rating by another insurance company rating service acceptable to the
				Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.13 - Individual Employer Self-Insurer › Section 14.09.13.07 - Excess Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				applicant for self-insurance shall purchase excess insurance in an amount
				determined by the Commission.
B.
				Specific retention amounts as defined in the excess policy shall be no higher
				than 5 percent of net worth or unrestricted net assets. The specific excess
				limit shall be not less than 20 times the specific retention amount or as
				otherwise ordered by the Commission.
C. The applicant for self-insurance may
				request the intended specific retention amount and specific excess limit. The
				Commission shall order the approved amounts.
D. The applicant for self-insurance shall
				provide proof of excess insurance by filing a copy of the excess certificate
				and a copy of the excess insurance policy with any endorsements with the
				Commission within 30 days of its issuance or renewal, or when requested by the
				Commission.
E. Whenever the
				Commission makes a security deposit determination under Regulation .06 of this
				chapter, it also shall consider the terms and conditions of any excess
				insurance, including specific retention amount and specific excess
				limit.
F. The Commission may waive
				this requirement for excess insurance for individually self-insured
				governmental entities.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.13 - Individual Employer Self-Insurer › Section 14.09.13.08 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Financial Reports.
(1) A self-insurer shall
				file an annual certified, audited financial report and 10K reports, if
				applicable, with the Commission within 120 days of the end of the reporting
				period. An extension may be granted upon written request of the
				Commission.
(2) The self-insurer
				shall submit interim reports as requested by the Commission.
(3) Financial reports shall be filed with the
				Commission electronically and as directed by the Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.13 - Individual Employer Self-Insurer › Section 14.09.13.09 - Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. An order of
				denial of an application for self-insurance or a change in terms or conditions
				of the self-insurance program shall be served upon the designated
				representative or representatives of the self-insurer by personal delivery or
				by certified mail, return receipt requested. The order shall include the reason
				or reasons for denial.
B. Upon
				receipt of the order of denial of an application for self-insurance or a change
				in terms or conditions of the self-insurance program, a party may request a
				hearing before the Commission within 15 days. A hearing shall be set as soon as
				practicable but no sooner than 20 days.
C. A show cause order for termination or
				revocation of the self-insurance program shall be served upon the designated
				representative or representatives of the self-insurer by personal delivery or
				by certified mail, return receipt requested. The order shall contain the reason
				or reasons for the termination or revocation and date, time, and place of the
				hearing.
D. A self-insurer who has
				been provided an order of denial or a show cause order may, at its option,
				submit a written statement before the date set for the hearing and, at the
				hearing, may appear and present oral argument or other evidence on the issues
				contained in the hearing notice. When a written statement is presented, 15
				copies shall be served on the Commission at least 5 days before the date set
				for the hearing.
E. Under exigent
				circumstances, the Commission may set a hearing in a time period less than
				prescribed in §D of this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.13 - Individual Employer Self-Insurer › Section 14.09.13.10 - Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
The costs of examinations pursuant to Labor and Employment
				  Article, §
									9-405(e),
				  Annotated Code of Maryland, shall be paid by the Commission. If the
				  self-insurer is in default, the expense of the examination shall be paid by the
				  self-insurer.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.13 - Individual Employer Self-Insurer › Section 14.09.13.11 - Access To Workers' Compensation Records of Self-Insurer

Current through Register Vol. 51, No. 14, July 12, 2024
A self-insurer or its designee shall immediately upon
				  notification by the Commission, or upon discontinuance of workers' compensation
				  payments for the period while self-insured, release all relevant records to the
				  Commission or the agent for the surety responsible for the continuation of
				  workers' compensation payments.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.13 - Individual Employer Self-Insurer › Section 14.09.13.12 - Confidentiality of Information

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission may not release to the public any information
				  concerning a self-insurer or third-party administrator other than confirmation
				  that an employer is individually self-insured, its address, the effective date
				  of the insurance program, and the name of the claims or third-party
				  administrator, unless by order of a court, or as required by State or federal
				  law.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.14 - Governmental Group Self-Insurance › Section 14.09.14.02 - Approval and Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. After
				considering the application and all supportive data, the Commission shall
				either grant approval or advise the trustees of the governmental self-insurers'
				group of the requirements to be met before approval is granted. The group shall
				be given 30 days from the receipt of the notice in which to comply with the
				requirements. The self-insured authority may not become effective until there
				is proof that all requirements for self-insured approval have been
				met.
B. The group may, at the
				discretion of the Commission, be granted additional time to meet the
				requirements for the self-insured program. A request for an extension of time
				shall be made in writing by the group within the 30-day compliance period. If
				the Commission does not receive proof that all requirements for the
				self-insured program have been met within the time prescribed, the application
				shall be considered withdrawn.
C.
				Upon meeting the requirements, the group shall receive a formal certificate
				approving its status as a self-insurer. The privilege shall be extended until
				denied.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.14 - Governmental Group Self-Insurance › Section 14.09.14.03 - Members Admission and Termination

Current through Register Vol. 51, No. 14, July 12, 2024
A. After the inception date of the fund,
				prospective new members of the fund shall submit an application for membership
				to the board of trustees, or its administrator. The trustees or administrator
				may approve the application for membership pursuant to the bylaws of the
				governmental group self-insurers' fund. The application for membership shall
				then be filed with the Commission, and membership shall take effect on the date
				approval is granted by the Commission.
B. Individual members may elect to terminate
				their participation in a governmental group self-insurers' program or be
				subject to cancellation by the governmental group fund pursuant to the bylaws
				of the fund. However, termination or cancellation may not take place for at
				least 30 days after notice to the Commission of the termination or cancellation
				from the governmental group fund.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.14 - Governmental Group Self-Insurance › Section 14.09.14.04 - Reports to the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Reports as to financial standing, payroll records, insurance coverage, accident
				experience, compensation payments, and such other reports as are required to be
				filed shall be made at the following times and in the following manner:
(1) Each fund shall file a statement of
				financial condition annually prepared by a certified public accounting firm.
				The financial statement shall show evidence that the fund has surplus
				sufficient to pay 1 year of estimated claim payments.
(2) Summary loss data shall be filed on each
				fund member within 60 days after the annual evaluation date of the losses being
				reported, in a manner as prescribed. Full actuarial reports and loss runs shall
				be provided annually. The Commission may request these reports more
				frequently.
(3) Classified,
				audited, and properly limited payrolls on each fund member shall be submitted
				on an annual basis or upon special request on forms prescribed.
(4) A certified copy of the minutes of all
				trustee meetings shall be submitted by the fund administrator within 30 days of
				approval but not less than 45 days after the meeting date.
(5) Members of a governmental self-insurers'
				group shall be subject to an experience rating plan for the purpose of
				determining the modified insurance rate to develop compensation premiums. The
				experience rating formula promulgated by the National Council on Compensation
				Insurance or other formula approved by the group and the Commission shall be
				used in determining the modified premium. Annually, or as otherwise prescribed,
				the modified premium for each member shall be approved by the
				trustees.
(6) The trustees of any
				governmental group fund may apply a penalty rate in excess of the normal
				premium to any risk with an unfavorable loss experience, provided the members
				and the Commission are notified in writing before the effective date of the
				change in rates.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.14 - Governmental Group Self-Insurance › Section 14.09.14.05 - Trustee Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Trustee Election.
(1) Trustees shall be
				elected or appointed for a stated term of office.
(2) A trustee may not be an owner, officer,
				or employee of a service company with which the Board of Trustees contracts for
				a purpose authorized by this chapter, except that a Trustee may be an employee
				of the governmental group or sponsoring organization.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.14 - Governmental Group Self-Insurance › Section 14.09.14.06 - Funds, Advance Premium Discounts, Surplus Distribution, Deficits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The trustees of
				any group self-insurers' fund may not allow advance premium discounts to any
				member in excess of that allowed by the excess insurance underwriter, subject,
				however, to a maximum of 15 percent of their standard premium.
B. Any surplus monies for a fund year in
				excess of the amount necessary to fulfill all obligations under the Workers'
				Compensation Law for that fund year, including a provision for claims incurred
				but not reported, may be declared to be refundable by the trustees at any time,
				and the amount of the declaration shall be a fixed liability of the fund at the
				time of the declaration.
C. The
				date of payment shall be as agreed by the trustees except that surplus monies
				not needed to satisfy the loss fund requirements, that is, trustees' funds, may
				be refunded immediately after the end of the fund year with the approval of the
				Commission. The intent of this section is to ensure that sufficient monies are
				retained to assure that total assets are greater than total liabilities for
				each fund year.
D. In the event of
				a deficit in any fund year, the deficit shall be made up immediately from any
				of the following:
(1) Unencumbered surplus
				from a fund year other than the current fund year;
(2) Trustees' funds;
(3) By assessment of the membership of the
				deficit fund year if ordered; or
(4) By such alternative method as the
				Commission may approve.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.14 - Governmental Group Self-Insurance › Section 14.09.14.07 - Excess Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
A contract or policy of aggregate or specific excess
				  insurance may not be recognized in considering the ability of an applicant to
				  fulfill its financial obligations under the Workers' Compensation Law, unless
				  the contract or policy complies with all of the following:
A. Is issued by a casualty insurance company
				authorized to transact this business in this State and is rated A- or above by
				AM Best or equivalent.
B. Is not
				cancelable or nonrenewable unless written notice by registered or certified
				mail is given to the other party to the policy and to the Commission not less
				than 30 days before termination by the party desiring to cancel or not renew
				the policy.
C. Any contract or
				policy containing any type of commutation clause shall provide that any
				commutation effected thereunder does not relieve the underwriter of further
				liability in respect to claims and expenses unknown at the time of the
				commutation or in regard to any claim apparently closed at the time of initial
				commutation which is subsequently reopened by or through a competent authority.
				If the underwriter proposes to settle their liability for future payments
				payable as compensation for accidents occurring during the term of the policy
				by the payment of a lump sum to the employer, to be fixed as provided in the
				commutation clause of the policy, then not less than 30 days prior notice of
				the commutation shall be given by the underwriters or their agent by registered
				or certified mail. If any commutation is effected, then the Commission shall
				have the right to direct that the sum be placed in trust for the benefit of the
				injured employee entitled to the future payments of compensation.
D. If a governmental group self-insured
				employer becomes insolvent or is unable to make compensation payments, the
				excess carrier shall make, directly to claimants or their authorized
				representatives, such payments as would have been made by the excess carrier to
				the employer after it has been determined that the retention level has been
				reached on the excess contract.
E.
				All of the following shall be applied toward the reaching of the retention
				level in the aggregate excess contract:
(1)
				Payments made by the employer;
(2)
				Payments due and owing to claimants of the employer;
(3) Payments made on behalf of the employer
				by any surety bond under a bond required by the Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.14 - Governmental Group Self-Insurance › Section 14.09.14.08 - Investments Authorized

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Conditions to Investing.
(1) Prior to
				engaging in an investment activity under this chapter, the Board of Trustees
				shall:
(a) Fully fund the actuarially
				calculated ultimate loss liability of the Fund; and
(b) Submit to the Commission for approval an
				Annual Investment Plan that satisfies the requirements of this
				regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.14 - Governmental Group Self-Insurance › Section 14.09.14.09 - Reporting Requirements and Corrective Action Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board of Trustees shall:
(1) Submit quarterly reports regarding the
				status or condition of investments made pursuant to this chapter, including
				quarterly investment statements; and
(2) Submit any additional information
				requested by the Commission under §B of this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.14 - Governmental Group Self-Insurance › Section 14.09.14.10 - Request for Hearing Before the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. A Board of Trustees aggrieved by a
				decision of the Commission under this chapter may request a hearing before the
				Commission within 15 days of the date the decision is mailed.
B. A hearing shall be set as soon as
				practicable but no sooner than 20 days after the request is received by the
				Commission.
C. The Board of
				Trustees may:
(1) Submit a written statement,
				15 copies of which shall be served on the Commission at least 5 days before the
				hearing; and
(2) Appear and present
				oral argument and evidence on the issues contained in the hearing
				notice.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.14 - Governmental Group Self-Insurance › Section 14.09.14.11 - Appeals to Circuit Court

Current through Register Vol. 51, No. 14, July 12, 2024
The Board of Trustees may appeal an adverse decision pursuant
				  to Labor and Employment Article, §
									9-409, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.15 - Open Meetings › Section 14.09.15.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to open meetings of the Workers'
				  Compensation Commission at which a quorum of a majority of Commissioners is
				  present. This chapter does not apply to proceedings of the Commission conducted
				  in accordance with Labor and Employment Article, §§
									9-307 and
				  9-308, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.15 - Open Meetings › Section 14.09.15.02 - 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) "Commission" means the Workers'
				Compensation Commission.
(2) "Open
				Meeting" means any meeting of the Commission required to be open to the public
				by the Open Meetings Act, General Provisions Article, §§
										3-101 -3-501,
				Annotated Code of Maryland.
(3)
				"Public body" has the meaning stated in General Provisions Article, §
										3-101(h),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.15 - Open Meetings › Section 14.09.15.03 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any
				open meeting of the Commission, the public is invited to listen and
				observe.
B. Unless the Commission
				expressly invites public testimony, questions, comments, or other forms of
				public participation, or public participation is authorized by law, a member of
				the public attending an open meeting may not actively participate in the
				meeting.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.15 - Open Meetings › Section 14.09.15.04 - Prohibited Conduct or Activity

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				An individual attending an open meeting of the Commission may not engage in
				conduct, including visual demonstrations such as the waving of placards, signs,
				or banners, that disrupts the session or interferes with the opportunity of
				members of the public to attend and observe.
B. The presiding officer may:
(1) Order an individual who persists in
				conduct prohibited in §A of this regulation, or who violates another
				regulation concerning conduct of the open meeting, to be removed from the
				meeting;
(2) Request police or
				other assistance to restore order; and
(3) Recess the meeting while order is
				restored.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.15 - Open Meetings › Section 14.09.15.05 - Recording, Photographing, and Broadcasting of Open Meetings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member of the
				public, including a representative of the news media, may record discussions of
				the Commission at an open meeting by means of tape recorder or another
				recording device, if the device:
(1) Does not
				create excessive noise that disturbs a member of the Commission or any
				individual attending the meeting;
(2) Does not otherwise interfere with an
				individual's observation or participation in the meeting; and
(3) Is operated openly so that it is obvious
				to those in attendance that the meeting is being recorded.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.15 - Open Meetings › Section 14.09.15.06 - Recordings, Photographs, Videotapes - Not Part of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording, photograph, or videotape of an open session made
				  by a member of the public, or any transcript or copy derived from a recording,
				  photograph, or videotape is not part of the record of any proceeding of the
				  Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out procedures under the Public Information
				  Act for filing and processing requests to the Workers' Compensation Commission
				  for the inspection and copying of public records of the
				  Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.02 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
It is the policy of the Commission to facilitate access to
				  the public records of the Commission, if access is allowed by law, by
				  minimizing costs and time delays to applicants.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.03 - 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) "Act" means the Public Information Act,
				General Provisions Article, §§
										4-101 -4-601,
				Annotated Code of Maryland.
(2)
				"Applicant" has the meaning stated in General Provisions Article, §
										4-101(b),
				Annotated Code of Maryland.
(3)
				"Chairman" has the meaning stated in Labor and Employment Article, §
										9-303, Annotated
				Code of Maryland.
(4) "Commission"
				means the Workers' Compensation Commission and has the meaning stated in Labor
				and Employment Article, §
										9-301, Annotated
				Code of Maryland.
(5) "Custodian"
				has the meaning stated in General Provisions Article, §
										4-101(d),
				Annotated Code of Maryland.
(6)
				"Indigent" has the meaning stated in General Provisions Article, §
										4-206(a)(2),
				Annotated Code of Maryland.
(7)
				"Metadata" has the meaning stated in General Provisions Article, §
										4-205(a),
				Annotated Code of Maryland.
(8)
				"Official custodian" has the meaning stated in General Provisions Article,
				§
										4-101(f),
				Annotated Code of Maryland.
(9)
				"Public Access Ombudsman" means the official appointed under General Provisions
				Article, Title 4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes
				under the Act.
(10) "Public
				record" has the meaning stated in General Provisions Article, §
										4-101(j),
				Annotated Code of Maryland.
(11)
				"Reasonable Fee" has the meaning stated in General Provisions Article, §
										4-206(a)(3),
				Annotated Code of Maryland.
(12)
				"Secretary" has the meaning stated in Labor and Employment Article, §
										9-305(b),
				Annotated Code of Maryland.
(13)
				"Working day" has the meaning stated in Labor and Employment Article, §
										9-307, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.04 - Chairman as Official Custodian

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise provided by law, the Chairman is the
				  official custodian of the public records of the Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.06 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Inspection.
(1) Except as otherwise provided
				in this chapter, the custodian shall make public records of the Commission
				available for inspection by an applicant without demanding a written
				request.
(2) The custodian shall
				require a written request if the custodian reasonably believes that:
(a) The Act or any other law may prevent the
				disclosure of the public record to the applicant; or
(b) A written request will materially assist
				the Commission in responding.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.07 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall:
A. Contain the applicant's contact
				information; and
B. Reasonably
				identify, by brief description, the public record sought.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.08 - Addressee

Current through Register Vol. 51, No. 14, July 12, 2024
A request to inspect or copy a public record of the
				  Commission shall be addressed to the custodian of the record or to the
				  Secretary, the Commission's representative for public records requests as
				  designated under General Provisions Article, §
									4-503, Annotated
				  Code of Maryland. If the custodian is unknown, the request may be addressed to
				  the Chairman.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.09 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant of
				Request.
(1) If the custodian decides to
				grant a request for inspection, the custodian shall produce the public record
				for inspection:
(a) Immediately; or
(b) Within a reasonable time period, not to
				exceed 30 days after the date of the request, if that period is needed to
				retrieve the public record and conduct any necessary
				review.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.10 - Notice to Person Potentially Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless prohibited by law, the custodian
				may provide notice of a request for inspection or copying of any public record
				of the Commission to any person who, in the judgment of the custodian, could be
				adversely affected by disclosure of that public record.
B. The custodian may consider the views of
				the potentially affected person before deciding whether to disclose the public
				record to an applicant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.11 - Electronic Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				as provided in §§C and D of this regulation, the custodian shall
				provide an applicant with a copy of the public record in a searchable and
				analyzable electronic format if:
(1) The
				public record is in a searchable and analyzable electronic format;
(2) The applicant requests a copy of the
				public record in a searchable and analyzable electronic format; and
(3) The custodian is able to provide a copy
				of the public record, in whole or in part, in a searchable and analyzable
				electronic format that does not disclose information that is exempt from
				disclosure under the Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.12 - Public Record Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If the person to whom application is made knows that a
				  requested public record of the Commission has been destroyed or lost, that
				  person shall promptly:
A. Notify the
				applicant that the public record is not available; and
B. Explain the reasons why the public record
				cannot be produced.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.13 - Availability of Judicial and Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
If the custodian denies a request to inspect or copy a public
				  record of the Commission, the applicant may file an action for judicial
				  enforcement under General Provisions Article, §
									4-362, Annotated
				  Code of Maryland, without pursuing the remedies set forth in General Provisions
				  Article, Subtitles 1A and 1B, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.14 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. Denial Pending Court Order.
(1) If, in the opinion of the Chairman,
				disclosure of a public record of the Commission otherwise subject to disclosure
				under the Act would do substantial injury to the public interest, the Chairman
				may temporarily deny the request to obtain a court order allowing
				nondisclosure.
(2) The temporary
				denial shall be in writing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.15 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §§B and C of this regulation, the fee schedule for
				copying and certifying copies of public records of the Commission is as
				follows:
(1) The fee for each copy made by a
				standard printer or a photocopying machine within the Commission is 25 cents
				per page;
(2) The fee for each copy
				made otherwise than by a standard printer or a photocopying machine shall be
				based on the actual cost of reproduction; and
(3) For a public record certified as a true copy, an
				additional fee of $1 per page (or if appropriate, per item) shall be charged.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.16 - Time and Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				An applicant may inspect any public record of the Commission that the applicant
				is entitled to inspect during the normal working hours of the
				Commission.
B. The inspection shall
				occur where the public record is located, unless the custodian, after taking
				into account the applicant's expressed wish, determines that another place is
				more suitable and convenient.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.16 - Public Information Act Requests › Section 14.09.16.17 - Sociological Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. For
				purposes of this regulation, "sociological information" means:
(1) Social Security number;
(2) Personal street address;
(3) Personal phone number;
(4) Personal email address; and
(5) Date of birth.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.17 - Open Meetings › Section 14.09.17.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Generally. This
				chapter applies to situations in which the Governor has declared an emergency
				pursuant to Public Safety Article, Title 14, Annotated Code of Maryland, and
				the emergency or directives issued by the Governor pursuant to the emergency
				significantly affect access to or the operations of one or more Commission
				hearing locations or other Commission facilities or the ability of the
				Commission to operate effectively.
B. Other Events Affecting the Commission. The
				authority granted specifically by this chapter generally also may be exercised,
				to the extent necessary, by the Chairman of the Commission in the event of a
				natural or other event that significantly disrupts access to or the operations
				of one or more Commission hearing locations or other Commission facilities or
				the ability of the Commission to operate effectively, but for which the
				Governor has not declared an emergency pursuant to Public Safety Article, Title
				14, Annotated Code of Maryland.
C.
				Supplemental; Conflict. The provisions of this chapter are in addition to and
				supplemental to the authority of the Commission granted elsewhere in this
				subtitle, but, to the extent of any conflict with other provisions of this
				subtitle, any authority provided in this chapter shall prevail.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.17 - Open Meetings › Section 14.09.17.02 - Coordination with Governor and Chief Judge of the Court of Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
Upon the declaration of any emergency by the Governor
				  pursuant to Public Safety Article, Title 14, Annotated Code of Maryland, the
				  Chairman of the Commission, directly or through designees, shall, to the extent
				  practicable, consult with the Governor, the Governor's designees, the Maryland
				  Emergency Management Agency, other Executive Branch officials, and, as
				  appropriate, the Chief Judge of the Court of Appeals, in order to coordinate
				  Executive and Judicial Branch responses to the emergency as they relate to
				  operations of the Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.17 - Open Meetings › Section 14.09.17.03 - Authority of Chairman

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Generally. Upon a determination by the Chairman of the Commission that an
				emergency or other event within the scope of Regulation .01 of this chapter
				significantly affects access to or the operations of one or more Commission
				hearing locations or other Commission facilities or the ability of the
				Commission to operate effectively, the Chairman, by Administrative Order, may,
				to the extent necessary:
(1) Suspend the
				operation of rules or regulations that cannot be implemented as intended
				because of the emergency;
(2)
				Direct that hearings or meetings be conducted remotely by electronic means,
				video or telephone, if existing facilities become inaccessible or
				unusable;
(3) Identify and direct
				the use of alternative locations to conduct Commission business if existing
				facilities become inaccessible or unusable;
(4) Transfer cases pending in one hearing
				location that becomes inaccessible or unusable to any other hearing
				location;
(5) Permit claims or
				documents to be filed in alternate locations or by alternative means if the
				normal location, that is, Baltimore City, is not reasonably accessible or
				usable;
(6) Suspend, toll, or grant
				relief from time deadlines or filing requirements that otherwise would expire
				when there is no practical ability of a party to comply with the deadline or
				seek other relief;
(7) Triage
				claims or issues and categories of claims or issues with respect to expedited
				treatment;
(8) Suspend any
				Commission business not deemed essential;
(9) Designate other Commissioners or recall
				Commissioners or Commission officials to implement directives entered by the
				Chairman or the Governor; and
(10)
				Take any other appropriate action necessary to assure that essential Commission
				business is effectively handled by the Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 10 - PROPERTY TAX ASSESSMENT APPEAL BOARDS › Chapter 14.10.01 - General Regulations › Section 14.10.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Administrator"
				means the Administrator of the property tax assessment appeal boards.
B. "Appraisal" means a formal, narrative,
				written appraisal report submitted as evidence to a property tax assessment
				appeal board as documentation of a value estimate.
C. "Board" means a property tax assessment
				appeal board for a county.
D.
				"County" includes Baltimore City.
E. "Department" means the Department of
				Assessments and Taxation.
F.
				"Supervisor" means the supervisor of assessments for a county.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 10 - PROPERTY TAX ASSESSMENT APPEAL BOARDS › Chapter 14.10.01 - General Regulations › Section 14.10.01.02 - Authority of Administrator

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Administrator is responsible for the adoption of uniform regulations governing
				the conduct of the boards and of forms necessary for the boards to carry out
				their responsibilities.
B. The
				Administrator is responsible for the budgets of the boards and shall supply to
				the boards the clerical and other necessary personnel. With respect to
				personnel, the Administrator has the authority to employ, discipline, and, if
				necessary, to discharge employees of the boards, according to law.
C. As necessary, the Administrator shall
				publish notice of board meetings in the Maryland Register or in other
				media.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 10 - PROPERTY TAX ASSESSMENT APPEAL BOARDS › Chapter 14.10.01 - General Regulations › Section 14.10.01.03 - Filing of Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				aggrieved by the decision of the supervisor may file with the board an appeal
				within 30 days after the date of the final notice from the
				supervisor.
B. The appeal shall be
				filed by written notice.
C. The
				board may waive the 30-day time requirement on a showing of good cause by
				reason of the physical inability of the petitioner to meet the
				requirement.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 10 - PROPERTY TAX ASSESSMENT APPEAL BOARDS › Chapter 14.10.01 - General Regulations › Section 14.10.01.04 - Docket of Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. The clerk of
				the board shall keep a docket of all appeals, and, on the initial filing of an
				appeal, shall assign a docket number to the appeal. The docket is a public
				record, open during business hours for inspection.
B. Each paper that relates to the appeal and
				that is filed with the board shall contain the docket number, assigned by the
				clerk of the board.
C. When the
				clerk dockets an appeal, the clerk shall send to the petitioner an
				acknowledgement of the notice of appeal, instructions concerning the payment of
				taxes while the appeal is pending, information concerning hearing conduct, and
				the docket number.
D. The clerk
				shall forward to the Supervisor a notice of the appeal and the docket
				number.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 10 - PROPERTY TAX ASSESSMENT APPEAL BOARDS › Chapter 14.10.01 - General Regulations › Section 14.10.01.05 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time and Place.
(1) The board shall set the time and place of
				the hearing. The hearing shall be held at a place in the county where the board
				is located that is convenient and accessible to the public.
(2) A request for a postponement may be made
				by the petitioner or the Supervisor. However, the board may not grant more than
				two postponements to a petitioner or to the Supervisor.
(3) The board may continue or adjourn the
				hearing from time to time.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 10 - PROPERTY TAX ASSESSMENT APPEAL BOARDS › Chapter 14.10.01 - General Regulations › Section 14.10.01.06 - Board Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within
				30 days after the close of the hearing, the board shall send to the petitioner
				and to the Supervisor a written decision that concisely states its findings and
				the bases for the findings on the appeal.
B. The decision shall include a statement
				that advises the petitioner of the right to appeal within 30 days to the
				Maryland Tax Court.
C. The decision
				shall be made by affirmative vote of at least two members of the board,
				including any alternate member, who were present at the hearing.
D. If the board dismisses any appeal
				according to Regulation .05D(1), above, the board shall send to the petitioner
				a notice of the dismissal.