reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.07 - Procurements of Insurance Broker Services and Commercial Insurance Policies › Section 25.02.07.02 - Insurance Broker Services and Commercial Insurance Coverage

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State
				Treasurer may procure insurance broker services and insurance coverage from:
(1) Insurance brokers licensed in the State
				of Maryland under Insurance Article, Title 10, Annotated Code of
				Maryland;
(2) Direct writing
				insurance companies authorized to do business in the State of Maryland under
				Insurance Article, Title 4, Annotated Code of Maryland; or
(3) Any other insurance-related program,
				plan, or provider that is authorized or permitted to do business in the
				State.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.07 - Procurements of Insurance Broker Services and Commercial Insurance Policies › Section 25.02.07.03 - Procurement of Commercial Insurance Coverage Through Insurance Brokers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Quotes for
				Insurance Broker Services.
(1) Following the
				award of a contract for insurance broker services, at the direction of the
				State Treasurer, the insurance broker shall request competitive quotes from
				insurance companies for the type and amounts of insurance coverage and services
				requested by the State Treasurer.
(2) The insurance broker shall provide at
				least two competitive quotes for all requested commercial insurance coverage
				unless the insurance broker is unable to provide multiple quotes or, due to the
				nature of the coverage, market conditions, or otherwise, does not recommend
				obtaining multiple quotes.
(3) If
				the insurance broker is unable to provide multiple quotes, the insurance broker
				shall provide to the State Treasurer documentation listing the insurance
				companies that decline to quote on coverage and explaining their decision not
				to quote on coverage. The State Treasurer shall review the documentation and
				direct the insurance broker how to proceed.
(4) If the insurance broker does not
				recommend providing multiple quotes, the insurance broker shall provide to the
				State Treasurer written justification and a recommended course of action. The
				State Treasurer shall review the written justification and recommendation and
				direct the insurance broker how to proceed.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.07 - Procurements of Insurance Broker Services and Commercial Insurance Policies › Section 25.02.07.04 - Publication of Solicitations and Contract Awards

Current through Register Vol. 51, No. 14, July 12, 2024
A. As required by the provisions of State
				Finance and Procurement Article, Division II, Annotated Code of Maryland, and
				COMAR, Title 21, specified solicitations and awards by the State Treasurer for
				the procurement of insurance broker services shall be published on eMaryland
				Marketplace. Such solicitations and awards shall also be published on the State
				Treasurer's website at www.treasurer.state.md.us.
B. The publication of the State Treasurer's
				website of contract awards to insurance brokers shall invite insurance
				companies to contact the insurance brokers directly to provide quotes for
				insurance coverage.
C. Information
				regarding commercial insurance policies obtained by the State Treasurer,
				including the types of coverage obtained and the premiums paid, shall be
				published on the State Treasurer's website and reported in accordance with
				COMAR 21.02.01.05C.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.01 - Crediting of Income Earned on State Monies › Section 25.03.01.01 - Crediting of Income Earned on Gifts

Current through Register Vol. 51, No. 14, July 12, 2024
Unless a donor provides otherwise, the Treasurer shall credit
				  to the donee unit of State government income resulting from the holding or
				  investment of a gift to the unit.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.01 - Crediting of Income Earned on State Monies › Section 25.03.01.02 - Crediting of Income Earned on Funds of Certain Educational Institutions

Current through Register Vol. 51, No. 14, July 12, 2024
Interest or income from the investment by the State Treasurer
				  of all funds of the University of Maryland System, Morgan State University, and
				  St. Mary's College shall be credited to each institution and may not be
				  credited to the General Fund of this State.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.01 - Crediting of Income Earned on State Monies › Section 25.03.01.03 - Crediting of Income Earned on Federal Forfeiture Proceeds

Current through Register Vol. 51, No. 14, July 12, 2024
Interest or income from the investment by the State Treasurer
				  of all funds received under the national asset seizure program shall be
				  credited to the appropriate police agency.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.02 - Alternative Methods of Funds Transfer › Section 25.03.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Findings.
				Pursuant to the requirements of the State Finance and Procurement Article,
				§
									7-227.1,
				Annotated Code of Maryland, the Treasurer has determined that the following
				alternative methods of funds transfer are means generally recognized and
				accepted by the banking industry for disbursing funds:
(1) The transfer of funds by use of the
				Automated Clearing House (ACH) payments system; and
(2) The transfer of funds by the wire
				transfer payments system.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.02 - Alternative Methods of Funds Transfer › Section 25.03.02.02 - Allowable Transfers and Disbursements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Transfers. Funds may be transferred
				between the various State bank accounts by means of an alternative method of
				funds transfer authorized by Regulation .01 of this chapter.
B. Disbursements. Upon warrant of the
				Comptroller, State funds may be disbursed by means of an alternative method of
				funds transfer authorized by Regulation .01 of this chapter for the payment of:
(1) Principal, interest, or both, on State
				debt or the debt of a unit of State government;
(2) Major routine State grants and
				shared-revenue disbursements to the political subdivisions of the State and to
				the units of those subdivisions;
(3) State payroll-related disbursements,
				including, but not limited to:
(a) Retirement,
				pension, and FICA contributions,
(b) Taxes,
(c) Insurance premiums,
(d) Voluntary deductions, and
(e) Net pay;
(4) Disbursements to the federal government
				or to a state government;
(5)
				Disbursements for the acquisition of investments by the Treasurer;
				and
(6) Other disbursements that,
				in the judgment of the Comptroller and the Treasurer, or the authorized
				representative of either, are, in the interest of the State, best made by an
				alternative method of funds transfer.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.02 - Alternative Methods of Funds Transfer › Section 25.03.02.03 - Payment of Net Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This
				regulation applies to an employee hired on or after January 1, 2001.
B. Except as provided in Regulation .05 of
				this chapter, the Central Payroll Bureau shall pay an employee's net pay by
				electronic funds transfer to the institution designated by the employee as
				provided in this regulation.
C.
				When an employee becomes eligible to receive net pay, the employing agency
				personnel director shall provide to the employee an electronic funds transfer
				authorization form. If an employee has not requested payment by check under
				Regulation .05 of this chapter, the employee shall complete the form and submit
				it to the Central Payroll Bureau.
D. The Central Payroll Bureau shall accept an
				electronic funds transfer authorization form filed by an employee if:
(1) The employee has completed the form;
				and
(2) The institution named by
				the employee on the form participates in the Automatic Clearing House
				Network.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.02 - Alternative Methods of Funds Transfer › Section 25.03.02.04 - Payment Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Central Payroll Bureau shall transmit an employee's biweekly net pay to the
				institution designated by the employee as set forth in Regulation .03B of this
				chapter.
B. The Central Payroll
				Bureau shall give an employee who receives net pay through electronic funds
				transfer a biweekly advice statement that reflects the following:
(1) Total amount of biweekly pay;
(2) Amounts deducted from the biweekly pay;
				and
(3) The portion of the biweekly
				pay electronically transferred.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.02 - Alternative Methods of Funds Transfer › Section 25.03.02.05 - Payment by Check

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the time
				of hiring, an employee shall be notified of the employee's right to request an
				exemption from receiving net pay by electronic funds transfer.
B. An employee may submit a written request
				to the State Treasurer for payment of the employee's biweekly net pay by check
				instead of by an electronic funds transfer. The request shall be granted by the
				State Treasurer.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter requires local government units to adopt
				  policies to be followed when investing public money and submitting the adopted
				  policies to the State Treasurer for acceptance.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter requires local government units to adopt
				  policies to be followed when investing public funds, to submit the adopted
				  policies to the State Treasurer for acceptance, and certain local government
				  units to submit periodic reports on investment activities to the State
				  Treasurer.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.02 - 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) "Accepted policy" means an adopted policy
				that has been accepted by the State Treasurer in accordance with Regulation .06
				of this chapter.
(2) "Adopted
				policy" means a local government investment policy which has been properly
				adopted by the local government unit in accordance with the requirements of
				local law, Regulation .05 of this chapter, and COMAR 24.03.04.
(3) "Bankers' acceptances" means an order to
				pay a sum certain on a certain day to the holder which is drawn on and accepted
				by the bank that assumes responsibility to make payment to the
				holder.
(4) "Board of education"
				has the meaning stated in Education Article, §
										1-101(d),
				Annotated Code of Maryland.
(5)
				"Board of library trustees" means those boards established pursuant to
				Education Article, Title 23, Subtitle 3, Annotated Code of Maryland.
(6) "Commercial paper" means an unsecured
				promissory note with a fixed maturity of 270 days or less.
(7) "Community college" means a community college
				other than the Baltimore City Community College and a regional community
				college established under Education Article, Title 16, Subtitle 2, Annotated
				Code of Maryland.
(8) "Financial
				officer" has the meaning stated in Local Government Article, §
										17-201, Annotated
				Code of Maryland.
(9) "GFOA" means
				the Government Finance Officers Association of the United States and
				Canada.
(10) "Governing body" has
				the meaning stated in Local Government Article, §
										1-101, Annotated
				Code of Maryland.
(11) "Local
				government unit" means a county, a municipality, a community college, the
				Washington Suburban Sanitary Commission, a public corporation authorized to
				issue debt, and an authority of the State authorized to issue debt.
(12) "Marked to market" means the price at
				which a security is trading.
(13)
				"Money market mutual fund" means a mutual fund registered with the Securities
				and Exchange Commission under the Investment Company Act of 1940,
				15 U.S.C. §
											80a-1 et seq., as amended, and operated in
				accordance with Rule 2A-7 promulgated under the Investment Company Act of 1940,
				17 CFR §
											270.2A-7, as amended.
(14) "Public money" has the meaning stated in COMAR
				25.03.04.
(15) "Repurchase
				agreement" means an investment in which an investor buys a security from a
				broker for a specified period at an agreed rate of interest and the broker
				agrees to repurchase the security at a specific time for the original purchase
				price plus the interest accrued.
(16) "State Treasurer" means the Treasurer of
				Maryland.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.03 - General Requirements for Adoption of Local Government Investment Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. The governing
				body of each local government unit shall adopt by resolution a written
				investment policy that:
(1) Complies with
				State and local law, including:
(a) State
				Finance and Procurement Article, §
											6-222,
				Annotated Code of Maryland;
(b)
				Local Government Article, §
											17-201 et seq.,
				Annotated Code of Maryland; and
(c)
				COMAR 25.03.04; and
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.03 - General Requirements for Adoption of Local Government Investment Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. The governing
				body of each local government unit shall adopt by resolution a written
				investment policy that:
(1) Complies with
				State and local law, including:
(a) State
				Finance and Procurement Article, §
											6-222,
				Annotated Code of Maryland, and
(b)
				Article 95, § 22F, Annotated Code of Maryland; and
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.04 - State Law Requirements for Adoption of Local Government Investment Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. At a minimum,
				each adopted policy shall:
(1) Allow local
				government units to invest in only those types of securities authorized by:
(a) State Finance and Procurement Article,
				§
											6-222(b),
				Annotated Code of Maryland;
(b)
				Local Government Article, §
											17-201 et seq.,
				Annotated Code of Maryland; and
(c)
				COMAR 25.03.04;
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.04 - State Law Requirements for Adoption of Local Government Investment Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. At a
				minimum, each adopted policy shall:
(1) Allow
				local government units to invest in only those types of securities authorized
				by:
(a) State Finance and Procurement Article,
				§
											6-222(a),
				Annotated Code of Maryland, or
(b)
				Article 95, 22-----22N, Annotated Code of Maryland;
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.05 - Adoption of Local Government Investment Policy and Submission for Acceptance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The governing
				body of each local government unit shall adopt by resolution a written local
				government investment policy that:
(1)
				Complies with the requirements of local and State law;
(2) Satisfies the requirements of Regulations
				.03 and .04 of this chapter and COMAR 25.03.04; and
(3) Meets the individual needs of the local
				government unit.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.05 - Adoption of Local Government Investment Policy and Submission for Acceptance

Current through Register Vol. 51, No. 14, July 12, 2024
A. By
				September 1, 1995, the governing body of each local government unit shall adopt
				by resolution a written local government investment policy that:
(1) Complies with the requirements of local
				and State law;
(2) Satisfies the
				requirements of Regulations .03 and .04 of this chapter; and
(3) Meets the individual needs of the local
				government unit.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.06 - Check by State Treasurer of Local Government Investment Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt,
				the State Treasurer shall have each adopted policy checked for compliance with
				this chapter and COMAR 25.03.04, and shall either:
(1) Notify the governing body of the local
				government unit that its adopted policy has been accepted; or
(2) Return the adopted policy to the
				governing body of the local government unit for revision and
				readoption.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.06 - Check by State Treasurer of Local Government Investment Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt,
				the State Treasurer shall have each adopted policy checked for compliance with
				this chapter, and shall either:
(1) Notify the
				governing body of the local government unit that its adopted policy has been
				accepted; or
(2) Return the adopted
				policy to the governing body of the local government unit for revision and
				readoption.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.07 - Amendment of Accepted Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				An accepted policy may be amended by submitting to the State Treasurer:
(1) The proposed language of the
				amendment;
(2) A certified copy of
				the adopting resolution of the local government unit; and
(3) A certified copy of the revised local
				government investment policy which shall contain the amendment.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.09 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
The State Treasurer shall notify a local government unit to
				  seek compliance if the:
A. Local
				government unit has not sent the State Treasurer an adopted policy in
				accordance with Regulation .05B of this chapter;
B. State Treasurer determines that the adopted policy
				is not an accepted policy in accordance with Regulation .06A of this chapter;
				or
C. State Treasurer determines
				that an accepted policy is no longer in compliance with the provisions of:
(1) State Finance and Procurement Article,
				§
										6-222,
				Annotated Code of Maryland;
(2)
				Local Government Article, §
										17-201 et seq.,
				Annotated Code of Maryland; or
(3)
				COMAR 25.03.04.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.03 - Local Government Investment Guidelines and Reporting Requirements › Section 25.03.03.09 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				State Treasurer shall notify a local government unit to seek compliance if the:
(1) Local government unit has not sent the
				State Treasurer an adopted policy in accordance with Regulation .05B of this
				chapter; or
(2) State Treasurer
				determines that the adopted policy is not an accepted policy in accordance with
				Regulation .06A of this chapter.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.04 - Policy Regarding the Investment of Public Money › Section 25.03.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this Policy is to ensure that public money is
				  invested in a manner that will:
A.
				Provide the highest investment return with the maximum security while meeting
				the anticipated daily cash flow requirements of the State and each local
				government unit;
B. Conform to all
				State laws governing the investment of public money; and
C. Set requirements and thresholds for the
				investment of public money by the State and each local government
				unit.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.04 - Policy Regarding the Investment of Public Money › Section 25.03.04.02 - 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) "Financial officer" means:
(a) With respect to the State, the State's
				Chief Investment Officer and any other person authorized by the State Treasurer
				to invest unexpended or surplus money over which the State Treasurer has
				custody; and
(b) With respect to a
				local government unit, the State Treasurer or other financial officer of a
				local government unit who is responsible for the investment of public
				money.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.04 - Policy Regarding the Investment of Public Money › Section 25.03.04.03 - Requirements for Financial Officers

Current through Register Vol. 51, No. 14, July 12, 2024
A financial officer shall make investments:
A. With the care, skill, prudence, and
				diligence under the circumstances then prevailing that a prudent person acting
				in a like capacity and familiar with such matters would use in the conduct of
				an enterprise of a like character and with like aims;
B. In a manner designed to reasonably match
				anticipated cash flow needs so that sufficient funds are available to pay
				obligations upon proper presentation for payment;
C. So that a reasonable amount of cash or
				cash equivalents is available for unanticipated cash needs;
D. With due regard for minimizing risk while
				maximizing return;
E. Using
				competitive purchasing practices except when impractical;
F. In accordance with a written investment
				policy;
G. So that the securities
				and collateral may continue to be priced on a marked-to-market basis;
				and
H. To avoid the enhancement of
				the personal financial position of the financial officer or any employee of the
				State Treasurer or local government unit who has responsibilities for such
				investments.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.04 - Policy Regarding the Investment of Public Money › Section 25.03.04.04 - Diversification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the
				requirements in §B of this regulation, public money may be invested in the
				securities authorized by State Finance and Procurement Article, §
									6-222(b),
				Annotated Code of Maryland.
B. A
				financial officer may invest public money in a given type of security not more
				than the following percentage of the overall investment portfolio over which
				the financial officer manages:
(1) For an
				obligation for which the United States has pledged its faith and credit for the
				payment of the principal and interest, 100 percent;
(2) For an obligation that a federal agency
				or a federal instrumentality has issued in accordance with an act of Congress,
				100 percent with no more than 33 percent dedicated to a single
				issuer;
(3) For an obligation
				issued and unconditionally guaranteed by a supranational issuer denominated in
				United States dollars and eligible to be sold in the United States, 40
				percent;
(4) For a repurchase
				agreement collateralized in an amount not less than 102 percent of the
				principal amount by an obligation of the United States, its agencies, or
				instrumentalities, provided the collateral is held by a custodian other than
				the seller designated by the buyer, 75 percent with no more than 30 percent of
				the total amount held by one counterparty;
(5) For bankers' acceptances guaranteed by a
				financial institution with a short-term debt rating in the highest letter and
				numerical rating by at least one nationally recognized statistical rating
				organization as designated by either the United States Securities and Exchange
				Commission or the State Treasurer, 20 percent;
(6) For securities permitted by State Finance
				and Procurement Article, §
										6-222(b)(vi),
				Annotated Code of Maryland, 25 percent;
(7) For commercial paper that has received
				the highest letter and numerical rating by at least two nationally recognized
				statistical rating organizations as designated by the United States Securities
				and Exchange Commission, 35 percent with no more than 10 percent from a single
				issuer;
(8) For money market mutual
				funds meeting the requirements of State Finance and Procurement Article, §
										6-222(b)(viii),
				Annotated Code of Maryland, 50 percent; and
(9) For any investment portfolio created
				under the Maryland Local Government Investment Pool, 100 percent, subject to
				the limit of the General Fund allocation.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.04 - Policy Regarding the Investment of Public Money › Section 25.03.04.05 - Credit Rating

Current through Register Vol. 51, No. 14, July 12, 2024
A. A financial
				officer shall prioritize investing in securities of high credit quality and
				marketability.
B. All securities
				shall be reviewed using the numeric and letter grading of the Securities and
				Exchange Commission's Nationally Recognized Statistical Rating
				Organizations.
C. Securities
				permitted by State Finance and Procurement Article, §
									6-222(b)(1)(v),
				Annotated Code of Maryland, shall have:
(1)
				For maturities of 1 year or less, at least two A-1/P1/F-1 ratings by S&P
				Global Ratings, Moody's Investors Service, Inc., or Fitch Ratings,
				respectively; and
(2) For
				maturities of more than 1 year but less than 5 years, at least two AA/Aa/AA
				ratings by S&P Global Ratings, Moody's Investors Service, Inc., or Fitch
				Ratings, respectively.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 03 - TREASURY MANAGEMENT › Chapter 25.03.04 - Policy Regarding the Investment of Public Money › Section 25.03.04.06 - Additional Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State
				Treasurer may adopt additional requirements for the State investment portfolio
				and for the investment policies of local government units.
B. A local government unit shall comply with
				any additional requirements adopted under this regulation.
C. The State Treasurer shall post on the
				State Treasurer's Office website and notify local government units of any
				additional requirements implemented in accordance with this
				regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Hearing officer" means the Secretary of the Environment,
					 or his designee, and may include that employee of the Department of the
					 Environment appointed by the Secretary to conduct hearings.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.02 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
Published or circulated notice of the hearing shall
					 contain:
A. The time of the hearing,
				  if required;
B. The place of the
				  hearing, giving the street address, floor, and designated room;
C. The purpose of the hearing, in clear,
				  intelligible language;
D. If
				  necessary, reference to the particular statute which gives authority for the
				  hearing and the proposed regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.03 - Hearings Open to the Public

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Hearings generally are open to the public although executive sessions are
				  permissible. Regulations affecting the public at large may not be adopted in
				  executive session.
B. If a series
				  of hearings is to be held on the same day, the schedule should be arranged at
				  staggered periods, with brief intervals in between. Requests for adjournments
				  or postponements will be granted only for due cause.
C. Certain evidence may be presented in
				  executive session. When the interests of the parties require that
				  confidentiality be preserved, such as information relating to secret processes
				  or methods of manufacture or production, this information may be withheld from
				  any public hearing.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.04 - Representation of Parties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Parties
				  have a right to appear without or with counsel. This may include representation
				  by non-lawyers in quasi-legislative hearings.
B. Parties should bring all pertinent
				  records, documents, and other pertinent matter.
C. Parties may be accorded the right of
				  cross-examination if it is relevant and material to the issues at hand. The
				  right of cross-examination is not generally applicable to agencies conducting
				  quasi-legislative type hearings.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.05 - Inspection of Files

Current through Register Vol. 51, No. 14, July 12, 2024
A. As a general
				  principle, the files of a State agency are public records and may be inspected
				  by interested parties to the hearing.
B. There may be exceptions:
(1) If information is confidential;
(2) If testimony is presented in executive
				  session;
(3) Under those imposed
				  conditions set forth in State Government Article, Title 10, Subtitle 5, Part
				  III, Annotated Code of Maryland, which generally provides for the inspection of
				  public records.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.06 - Oaths and Affirmations

Current through Register Vol. 51, No. 14, July 12, 2024
The formality of an oath may be dispensed with
					 unless:
A. An oath is required by law
				  (see Environment Article, §
										2-605(e),
				  Annotated Code of Maryland); or
B.
				  The oath gives some assurances of veracity, formality, or decorum to the
				  hearing.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.07 - Order of Proof

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  requesting agency has the affirmative and is examined first, or explains the
				  regulation. Affirmative witnesses are followed by the aggrieved parties, if
				  any, and their witnesses. The requesting agency shall be permitted to rebut
				  their testimony. All parties may be subject to appropriate cross-examination,
				  depending on the type of hearing.
B. Motions to dismiss or strike out testimony
				  are superfluous in administrative hearings and should not be
				  entertained.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.08 - Conduct and Control of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each party should be afforded an adequate
				  opportunity to present his case.
B.
				  The strict rules of evidence are generally inapplicable to administrative
				  hearings.
C. The hearing officer
				  may exclude disorderly persons from the hearing.
D. The hearing officer shall receive and mark
				  all exhibits and documents received in testimony, if they are relevant to the
				  case.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.09 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. All hearings
				  should be recorded.
B. An accurate
				  and complete transcript of the hearing shall be made.
C. The record should always indicate clearly
				  who is talking.
D. Exhibits should
				  be clearly marked. Other papers should be described for the record.
E. When questions arise as to admission of
				  testimony and evidence, they should be admitted and the opposite party should
				  be allowed to express his views concerning the admission.
F. Only the hearing officer controls the
				  record.
G. If exhibits must be
				  returned, the hearing officer should photostat or otherwise enter into the
				  record a detailed description of the exhibits and indicate that they are being
				  returned.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.10 - Copies of the Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  record should be generated in a minimum of three copies (one original and two
				  carbons), and should be filed as follows:
(1)
				  Original-Office of the Secretary of the Environment for filing by the
				  regulations coordinator;
(2) First
				  carbon-Office of the principal program director concerned;
(3) Second carbon-Office of the Counsel of
				  the Department of the Environment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.11 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subpoenas should
				  only be issued when necessary and the law governing the issuance of subpoenas
				  will be followed in each individual case, including but not limited to, any
				  procedure that may be established by the Administrative Procedure
				  Act.
B. They may be omitted when an
				  ordinary notice of hearing will suffice.
C. It is sufficient to state in the notice of
				  hearing that upon failure to attend, the matter may be decided upon testimony
				  of parties present.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.12 - The Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The final
				  decision may be delayed, depending upon the subject matter, unless policy
				  indicates otherwise. The decision, however, should be rendered as rapidly as
				  possible.
B. The decisions
				  generally should consist of the following, unless policy indicates otherwise:
(1) A statement of the issues involved,
				  parties, and findings of fact based upon the record;
(2) The conclusion, based upon the facts and
				  the action to be taken; for the most part, the conclusion reached will be that
				  of the Secretary of the Environment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.01 - Procedures for Hearings of Regulations › Section 26.01.01.13 - Postponement or Continuance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  granting of postponement or continuance of a hearing may be within the
				  discretion of the hearing officer depending upon the availability of witnesses,
				  illness, attorneys, agreements or stipulations, and, for the most part, good
				  and sufficient reason.
B. If a
				  hearing falls within the category of adversary or quasi-judicial, it is
				  reasonable to require the appellant or claimant, or his legal representative,
				  to submit reasons for the postponement or continuance at least 5 days in
				  advance of the hearing date. The request should be in writing, signed by the
				  appellant or claimant, or his legal representative, and become a part of the
				  file.
C. In the instance of
				  quasi-legislative hearings, as, for example, when regulations are advertised
				  for promulgation and adoption, the hearing officer should consider the best
				  interest of the public.
D. There is
				  no statutory requirement that these hearings be postponed or continued.
				  Interested parties, by proper public notice, are given an opportunity to submit
				  their data and views in writing before the hearing or to appear in person on
				  the date of the hearing.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to contested hearings which the Secretary is required to conduct by
				  statute or regulation except for those hearings for which specific procedural
				  regulations have been promulgated. They do not apply to conferences,
				  investigations, or to proceedings at which the general public has been
				  assembled to provide comments and opinions on a permit or license proposed to
				  be issued by the Department, or to hearings before the Department's Boards and
				  Commissions which are authorized by law to conduct their own
				  hearings.
B. These procedures are
				  intended to supplement the procedures required by law. In the event of
				  conflict, statutory provisions take precedence over these
				  regulations.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Civil penalty" means a statutorily
				  authorized monetary penalty imposed for a violation of a statute, regulation,
				  permit, or license. Civil penalty does not include statutorily authorized
				  reimbursement of State or federal expenditures.
(2) "Department" means the Maryland
				  Department of the Environment, or any of its constituent units.
(3) "Final decision maker" means the
				  Secretary of the Environment, that official empowered by statute to render the
				  final agency decision in a contested case, or a designee for the purpose of
				  rendering a final decision in a contested case.
(4) "Hearing" means a contested case hearing
				  as defined by the Administrative Procedure Act, State Government Article, §
											10-201 et seq.,
				  Annotated Code of Maryland.
(5)
				  "Hearing examiner" means the person designated to preside over an evidentiary
				  hearing in a contested case.
(6)
				  "Office of Hearings" means the administrative unit of the Department authorized
				  to conduct hearings in contested cases.
(7) "Party" means a person or agency named or
				  admitted as a party, including the Department.
(8) "Person" means any individual, receiver,
				  trustee, guardian, personal representative, fiduciary, or representative of any
				  kind and any firm, partnership, association, corporation, or other entity
				  including any public or municipal corporation and any agency, bureau,
				  Department or instrumentality of federal, State, or local government.
(9) "Secretary" means the Secretary of the
				  Environment, a designee of the Secretary for the purpose of rendering a final
				  decision in a contested case, or that official empowered by statute to render
				  the final agency decision in a contested case.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.03 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations shall be construed to secure the just and
					 speedy determination of every action. If a party fails to follow these
					 regulations, either the hearing examiner or the final decision maker, whichever
					 person is appropriate, may enter the orders in regard to the failure as are
					 just, including limiting the issues to be heard and dismissing the request for
					 hearing or entering an order on the merits against a party.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.04 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office
				  of Hearings shall prepare an official record of each hearing. All hearings,
				  including hearings on motions, shall be on the record. The record consists of:
(1) The charging document or other document
				  giving rise to the appeal;
(2) The
				  request for a hearing;
(3) The
				  notices of all proceedings;
(4) Any
				  prehearing order;
(5) Any motions,
				  pleadings, briefs, petitions, requests, and intermediate rulings;
(6) Evidence received or
				  considered;
(7) A statement of each
				  fact officially noticed;
(8)
				  Proffers of proof and objections and rulings on them;
(9) Proposed findings of fact or conclusions
				  of law, requested orders, and exceptions;
(10) Any records of ex parte communications,
				  as required under Regulation .32 of this chapter;
(11) Any tape recorded by the Office of
				  Hearings at the hearing, any original transcript of the tape recording, and any
				  original transcript prepared by a court reporting service;
(12) Any final order, initial order, or order
				  on reconsideration;
(13) Matters
				  placed on the record after an ex parte communication.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.05 - Notice of the Right to a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall provide notification
				  of its action whenever a right to a hearing is provided by law.
B. The notification shall include:
(1) A statement of the factual basis for the
				  action;
(2) A reference to the
				  statutory or regulatory provision under which the action is being
				  taken;
(3) A statement of the right
				  to a hearing upon request;
(4) The
				  authority of the Department to hold the hearing;
(5) The specific section of each statute and
				  regulation, including a procedural regulation, that is pertinent;
(6) A statement of the time period within
				  which a hearing shall be requested, and what action the person is required to
				  take in order to timely request a hearing;
(7) A statement that unless a hearing is
				  requested, the intended Department action shall become final and binding on all
				  parties.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.06 - Request for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  person, either directly or through a representative, may request a hearing by
				  mailing or delivering a clear written request in accordance with the
				  notification of the right to a hearing.
B. The request shall state that the person
				  desires a hearing in order to review a matter as provided under Department
				  regulations or other applicable law, and should include a copy of the document
				  or charge being appealed.
C. The
				  request shall include a brief statement of the factual and legal basis for the
				  request, and other information required by law.
D. The Department may require the statement
				  to be made on a form if the person is notified of this requirement and is
				  provided a copy of the form in the notice of the right to a hearing.
E. A request for a hearing shall be
				  considered filed on the earlier of:
(1) The
				  date the request is actually received in any office of the Department;
				  or
(2) Three days after the request
				  has been postmarked by the United States Postal Service.