reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.03 - Petition for Declaratory Rulings › Section 24.01.03.03 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition for declaratory ruling with respect to the manner in which the Department would apply a regulation or order of the Department or a statute that the Department enforces to a person or property on the facts set forth in the petition.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.03 - Petition for Declaratory Rulings › Section 24.01.03.05 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall:
A. Be in writing;
B. Contain a detailed statement of the facts on which the petition is based;
C. Fully set forth the regulations or statutes involved;
D. Pose the question of whether, and in what manner, the regulations or statutes apply to the petitioner under the facts contained in the petition;
E. Contain the name, address, and telephone number of the petitioner; and
F. Contain a statement by the petitioner, under oath, that the facts contained in the petition are true.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.03 - Petition for Declaratory Rulings › Section 24.01.03.06 - Consideration and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary:
(1) Shall consider the petition;
(2) May require argument on the petition; and
(3) May issue the declaratory ruling requested or deny the petition.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.03 - Petition for Declaratory Rulings › Section 24.01.03.07 - Agency File

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall maintain a file of all petitions submitted and the declaratory rulings issued.
B. This file shall be available for public inspection to the extent permitted by law.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter contains procedures for administrative hearings in contested cases. These procedures are required by the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.02 - 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) "Contested case" means a proceeding to determine:
(a) A right, duty, statutory entitlement, or privilege of a person that is required by statute or constitution to be determined only after an opportunity for an agency hearing; or
(b) The grant, denial, renewal, revocation, suspension, or amendment of a license that is required by statute or constitution to be determined only after an opportunity for an agency hearing.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.03 - Notice and Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. In a contested case all parties shall be afforded an opportunity for hearing after reasonable notice.
B. The notice shall:
(1) State the time, place, and nature of the hearing;
(2) State the legal authority under which the hearing is to be held;
(3) Cite the particular sections of the statutes and regulations, including procedural regulations, that are pertinent; and
(4) State concisely and simply:
(a) The facts that are asserted; or
(b) If the facts cannot be stated in detail when the notice is given, the issues that are involved.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.04 - Hearing Officer

Current through Register Vol. 51, No. 14, July 12, 2024
The decision maker may request that the Office of Administrative Hearings designate an administrative law judge who shall conduct the hearing and submit in writing to the decision maker proposed findings of fact and proposed conclusions of law.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.05 - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may appear in proper person or be represented by counsel.
B. A corporation may be represented by an officer, agent, or attorney.
C. Parties and their attorneys shall give written notice to the hearing officer of their names and addresses in advance of the hearing.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.06 - Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs may be admitted at a hearing and given probative effect.
B. Incompetent, irrelevant, immaterial, or unduly repetitious evidence may be excluded.
C. Documentary evidence may be submitted by parties before and at the hearings and for the period of time that the administrative law judge may designate the record to remain open after the hearing.
D. On a genuine issue in a contested case, a party may call witnesses and cross-examine opposing witnesses.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.07 - Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing shall be open to the public, unless otherwise provided by law.
B. Upon written notice 7 days before a hearing and upon payment of costs, a party may request that a hearing be transcribed.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.08 - Ex Parte Communications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Persons other than advisory staff may not communicate ex parte with the administrative law judge or decision maker.
B. Ex parte communications received in violation of §A of this regulation shall be placed in the record and disclosed to all parties, who shall then have 10 days within which to rebut them.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.09 - Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the determination of a contested case, the decision maker may consider only evidence that is in the record.
B. The record in a contested case shall include:
(1) Pleadings and motions;
(2) Documentary evidence;
(3) Statements;
(4) Transcripts;
(5) Staff memoranda, unless privileged;
(6) Proposed findings of fact, proposed conclusions of law, and exceptions to them;
(7) Preliminary and final decisions; and
(8) Other writing germane to the case and not otherwise privileged.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.10 - Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The decision maker may adopt, modify, or rewrite the administrative law judge's proposed findings of fact and proposed conclusions of law.
B. If a decision maker, or a majority of decision makers, has not heard the evidence, a proposed decision, including findings of fact and conclusions of law, shall be served on each party. Parties adversely affected by the proposed decision shall be afforded the opportunity, within 10 days after receipt of the proposed decision, to file exceptions and present argument to the decision maker or the majority of decision makers.
C. Copies of the final decision and findings of fact and conclusions of law shall be delivered or mailed promptly to all parties or their attorneys.
D. Instead of a decision, a contested case may be disposed of by agreed settlement, consent order, or default.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.11 - Time Periods

Current through Register Vol. 51, No. 14, July 12, 2024
For good cause, the administrative law judge or decision maker may extend or waive time periods provided in these regulations.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.12 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon issuance of a final decision, an aggrieved party may proceed to exhaust any remaining administrative remedies or seek judicial review in accordance with applicable law.
B. Upon notice of appeal, the record shall be transmitted promptly to the appropriate appellate tribunal, but within the time period prescribed in the Maryland Rules of Procedure governing appeals from administrative agencies.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.04 - Procedure for Hearings in Contested Cases › Section 24.01.04.13 - Interpretation

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are meant to complement the Maryland Administrative Procedure Act. In the event of conflict, the Act takes precedence over them.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.05 - Open Meetings › Section 24.01.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of Business and Economic Development, and all boards, commissions, authorities, and councils within the Department, except for the Board of Appeals.
(2) "Open session" means any meeting of the Department required to be open to the public by State Government Article, §§10-501 -10-512, Annotated Code of Maryland.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.05 - Open Meetings › Section 24.01.05.03 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any open session of the Department, the general public is invited to attend and observe.
B. Except in instances when the Department expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.05 - Open Meetings › Section 24.01.05.04 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual attending an open session of the Department may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that disrupts the session or that interferes with the right of members of the public to attend and observe the session.
B. The presiding officer may:
(1) Order an individual who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;
(2) Request police or other assistance to restore order; and
(3) Recess the session while order is restored.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.05 - Open Meetings › Section 24.01.05.05 - Recording, Photographing, and Broadcasting of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member of the public, including any representative of the news media, may record discussions of the Department at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Department or others attending the sessions.
B. A member of the public, including any representative of the news media, may photograph or videotape the proceedings of the Department at an open session if the camera:
(1) Is operated without excessively bright artificial light that disturbs members of the Department or others attending the session; and
(2) Does not create noise that disturbs members of the Department or others attending the session.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.05 - Open Meetings › Section 24.01.05.06 - Recordings Not Part of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session made by a member of the public, or any transcript derived from this recording, is not considered a part of the record of any proceeding of the Department.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.07 - Corporate Diversity › Section 24.01.07.01 - 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) "Annual Report" means the report submitted to the Department of Assessments and Taxation pursuant to Tax-Property Article, § 11-101, Annotated Code of Maryland.
(2) "Entity" means:
(a) A commercial enterprise or business that is required to be in good standing with the State Department of Assessments and Taxation and is:
(i) Formed in the State; or
(ii) Registered to do business in the State; or
(b) A corporation, foundation, school, hospital, or other legal entity for which none of the net earnings inure to the benefit of any private shareholder or individual holding an interest in the entity.
(3) "Person" has the meaning stated in Tax-Property Article, § 1-101, Annotated Code of Maryland.
(4) "Secretary" means the Secretary of Commerce.
(5) "Special Secretary" means the Special Secretary of the Governor's Office of Small, Minority & Women Business Affairs.
(6) "State benefit" has the meaning stated in Business Regulation Article, §
										19-106, Annotated Code of Maryland.
(7) "Underrepresented community" has the meaning stated in Business Regulation Article, §
										19-106, Annotated Code of Maryland.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.07 - Corporate Diversity › Section 24.01.07.02 - Corporate Diversity Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department of Assessments and Taxation shall include a Corporate Diversity Addendum form with the Annual Report form published by that department.
B. If the person submitting the Annual Report is an entity subject to this chapter, that person shall complete, on behalf of the entity, the Corporate Diversity Addendum included with the Annual Report.
C. As more fully described in §D of this regulation, the Corporate Diversity Addendum shall include information on:
(1) Membership of underrepresented communities in the entity's board or executive leadership; and
(2) The entity's support for underrepresented communities in the entity's mission.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.07 - Corporate Diversity › Section 24.01.07.03 - Qualification for a State Benefit

Current through Register Vol. 51, No. 14, July 12, 2024
A. A State agency shall deny a State benefit to an entity unless the entity:
(1) Completes the Corporate Diversity Addendum described in Regulation .02 of this chapter and satisfies §C of this regulation; or
(2) Provides to the State agency providing a State benefit the affidavit described in §B of this regulation, affirming that the entity is not required to submit the Corporate Diversity Addendum.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.07 - Corporate Diversity › Section 24.01.07.04 - Administration of Chapter

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to a State benefit for which application, which includes a bid or proposal for a competitively bid procurement contract that is not federally funded in any way, is made after June 30, 2022.
B. If a State agency receives an application from an entity for a State benefit after June 30, 2022, but before the entity files the Annual Report first due by April 15, 2023, the State agency shall require that the entity provide directly to the State agency either the information required under Regulation .03A of this chapter or the affidavit described in of Regulation .03B of this chapter.
C. Except as provided in §D of this regulation, after the filing deadline of the 2023 Annual Report, a State agency that receives an application from an entity for a State benefit shall require the entity to provide either the information required under Regulation .03A of this chapter or the affidavit described in Regulation .03B of this chapter.
D. An entity that has been formed or registered, but which has not yet reached an Annual Report filing deadline and seeks to be considered for a State benefit, shall be permitted to satisfy the requirements of Regulation .03A of this chapter by providing information directly to the State agency providing the benefit.
E. An entity that was not required to complete the Corporate Diversity Addendum for a prior fiscal year because it was one of the types of entities described in Regulation .03B of this chapter, but to which the corporate diversity requirements become applicable before an Annual Report filing deadline in a subsequent fiscal year, shall be permitted to satisfy the requirements of Regulation .03A of this chapter by providing information directly to the State agency providing the benefit.
F. An entity may file an Annual Report or an amended Annual Report:
(1) To file the Corporate Diversity Addendum necessary to satisfy the requirements of Regulation .03A of this chapter; or
(2) To update or correct information on the Annual Report or the Corporate Diversity Addendum.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.07 - Corporate Diversity › Section 24.01.07.05 - Calculation of State Benefit

Current through Register Vol. 51, No. 14, July 12, 2024
In the case of a State benefit disbursed over more than 1 fiscal year, only the amount disbursed in 1 fiscal year shall count toward the $1,000,000 threshold.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.07 - Corporate Diversity › Section 24.01.07.06 - Audit; Cancellation or Repayment of State Benefit

Current through Register Vol. 51, No. 14, July 12, 2024
A. An entity shall keep complete and accurate records supporting any information or statement provided to an agency by the entity in the Corporate Diversity Addendum or the affidavit described in Regulation .03B of this chapter for a period of 5 years from the date of submission.
B. A State agency that has provided a State benefit to an entity subject to this chapter may at any time before or up to 5 years after the provision of the State benefit require any information provided to the agency by the entity in the Corporate Diversity Addendum be audited by the State.
C. If the State agency that has provided a State benefit to an entity subject to this chapter determines that any representation made by the entity in its Corporate Diversity Addendum or the affidavit described in Regulation .03B of this chapter in connection with its application for the State benefit is false when made, the agency may:
(1) Cancel the award of the State benefit, in whole or in part as the agency may determine;
(2) Require repayment of any capital grant or recapture of any tax credit;
(3) Initiate a State debarment proceeding against an entity that has received a State contract; and
(4) Seek any other remedy available at law.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.07 - Corporate Diversity › Section 24.01.07.07 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary and the Special Secretary may jointly waive or vary particular provisions of this chapter to the extent that the waiver is not inconsistent with the provisions of Business Regulation Article, §
									19-106, Annotated Code of Maryland, or Economic Development Article, §
									2-108, Annotated Code of Maryland, if:
A. Conformance to the requirement of any federal, State, or local program necessitates waiver or variance of a regulation; or
B. In the joint determination of the Secretary and the Special Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Acts.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.01 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The objective of the Enterprise Zones Program is to focus local and State resources on the encouragement of economic growth in economically distressed areas and employment of the chronically unemployed in the State.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations describe the procedures that will be used by the Secretary of Business and Economic Development to designate enterprise zones and focus areas in enterprise zones and establish the requirements an area shall meet in order to be designated an enterprise zone or a focus area.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.03 - Administration and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The Enterprise Zones Program shall be administered by the Secretary of Business and Economic Development. Certain activities shall be subject to approval by both the Secretary of Business and Economic Development and the Board of Public Works. Activities relating to revenue and taxes shall be administered by the Department of Assessments and Taxation and the Comptroller. The procedures set forth in these regulations are applicable to the designation of enterprise zones and focus areas in enterprise zones and the administration of the State Enterprise Zones Program. The State Enterprise Zones Program is independent of any federal enterprise zone program or designation.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.04 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. For purposes of designating enterprise zones and focus areas in enterprise zones within the State, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Area" means a geographic area within one or more political subdivisions within the State described by a closed perimeter boundary.
(2) Business Entity.
(a) "Business entity" means a person operating or conducting a trade or business.
(b) Except as provided in Tax-Property Article, §9-103, Annotated Code of Maryland, "business entity" does not include a person owning, operating, developing, constructing, or rehabilitating property intended for use primarily as a single or multifamily residential property located within an enterprise zone.
(3) "Census" means the United States Census of Population.
(4) "Chronic abandonment" means a condition where there is frequent giving up of land or buildings, or both, with no intent to return or reclaim.
(5) "Department" means the Department of Business and Economic Development.
(6) "Enterprise zone" means an area:
(a) Meeting certain specific requirements and so designated by the Secretary; or
(b) So designated by the United States Government, subject however to Regulation .07D of this chapter.
(7) "Enterprise zone incentives" means the financial incentives described in Economic Development Article, §
										5-707, Annotated Code of Maryland, for a business entity locating, investing, or expanding in an enterprise zone.
(8) "Focus area" means an area:
(a) Meeting the requirements of Economic Development Article, §
											5-706, Annotated Code of Maryland, and this chapter; and
(b) Designated as a focus area by the Secretary pursuant to Economic Development Article, §
											5-706, Annotated Code of Maryland, and this chapter.
(9) "Fund" means the Enterprise Zone Venture Capital Guarantee Fund.
(10) "Political subdivision" means any county or municipal corporation.
(11) "Secretary" means the Secretary of Business and Economic Development.
(12) "Submission date" means April 15 and October 15 of any calendar year.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.06 - Designation of Enterprise Zones

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any political subdivision may individually apply for designation of an area within its corporate or political boundaries as an enterprise zone.
B. County Designation.
(1) A county may apply to obtain a designation of an area in the county as an enterprise zone, but if any portion of the area is within the boundaries of a municipal corporation in the county, the county shall obtain the consent of the governing body of the municipal corporation.
(2) The required consent of the municipal corporation shall be obtained before submission of the application for designation and the consent document shall be included as part of the application.
(3) The required consent document shall be in the form required by local law or the governing body of the municipal corporation, or both.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.07 - Designation of Focus Areas in Enterprise Zones

Current through Register Vol. 51, No. 14, July 12, 2024
A. A political subdivision may individually apply for designation of an area within its corporate or political boundaries as a focus area in an enterprise zone.
B. County Designation.
(1) A county may apply to obtain a designation of an area as a focus area in an enterprise zone, but if any portion of the area is within the boundaries of a municipal corporation in the county, the county shall obtain the consent of the governing body of the municipal corporation.
(2) The required consent of the municipal corporation shall be obtained before submission of the application for designation, and the consent document shall be included as part of the application.
(3) The required consent document shall be in the form required by local law or the governing body of the municipal corporation, or both.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.08 - Expansion of Enterprise Zones

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon application, the Secretary may permit the expansion of a designated enterprise zone.
B. The political subdivision or subdivisions that originally obtained the zone designation shall apply for the expansion.
C. The application for expansion of a designated enterprise zone shall set forth the basis for the request for expansion but need not duplicate data submitted for the original designation.
D. The designation period for the expansion area of the zone runs simultaneously with the period of the original zone designation and expires at the same time as the original zone designation.
E. The Secretary may grant an extraordinary expansion of an enterprise zone into any area that:
(1) Meets the requirements of Economic Development Article, §
										5-704, Annotated Code of Maryland, and this chapter; and
(2) In the determination of the Secretary, has suffered a significant loss of economic base.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.09 - Redesignation of Enterprise Zones

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon application, the Secretary may permit redesignation of all or a portion of a designated enterprise zone.
B. Application Procedure.
(1) To apply for redesignation, the appropriate political subdivision shall file a complete application showing that the proposed zone meets all the requirements for a new zone.
(2) A redesignation application shall also include the following information:
(a) An evaluation of the history and benefits of the existing zone;
(b) An explanation of why portions of the existing enterprise zones are included in the redesignation request; and
(c) A comparison of the economic development strategy for the redesignation application with that of the existing zone.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.10 - Limit on Designation of Enterprise Zones

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may not designate more than six enterprise zones in any calendar year. For the purpose of this limitation, a calendar year begins January 1 of each year and ends December 31 of the same year beginning in the year 2007.
B. Limit on Number of Zones.
(1) A county may not receive more than one designation of an area as an enterprise zone in any calendar year.
(2) Joint applications by two or more counties count as one designation of an area as an enterprise zone for each county.
(3) Joint applications by two or more municipalities within the same county count as one designation of an area as an enterprise zone within the county.
(4) Joint applications by a county and a municipality located within an adjoining county count as one designation of an area as an enterprise zone for each county.
(5) Except as provided in §B(6) of this regulation, an application for expansion of a designated enterprise zone is considered a new zone request and is counted as one additional designation of an area as an enterprise zone for the appropriate county or counties.
(6) If the geographic area of a proposed expansion area does not exceed 50 percent of the existing geographic area of the enterprise zone, the application for expansion is not considered a new zone request and is not counted as an additional designation of area as an enterprise zone for the appropriate county or counties.
(7) A redesignation request is considered a new zone request and is counted as one additional designation of an area as an enterprise zone.
(8) An area that is designated an enterprise zone under federal law is designated an enterprise zone, without regard to any limitation as to the number of enterprise zones that may be designated by the Secretary, automatically and without any additional action by the political subdivision or the Secretary.
(9) The extraordinary expansion of an enterprise zone may not count toward the limit set forth in §A of this regulation.
(10) The Secretary may not grant more than one extraordinary expansion of an enterprise zone throughout the State in any calendar year.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.11 - Designation and Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. A. A determination by the Secretary as to the area designated an enterprise zone or a focus area in an enterprise zone is final.
B. The Secretary shall give written notice of a designation to both a political subdivision that receives a designation and the State agencies that will provide tax credits and other incentives and initiatives.
C. The Secretary shall notify a political subdivision that does not receive a requested designation in writing. The jurisdiction may reapply for a designation at any time by resubmitting the previously filed application or a revised application.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.12 - Federal Designation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an area without a prior State designation is designated an enterprise zone under federal law, the incentives and initiatives provided for in the State Enterprise Zones Program are not available to business entities located in the federally designated enterprise zone unless, upon request by the appropriate political subdivision and submission of a copy of the federal application, the Secretary and the Board of Public Works consent to the federal designation.
B. After consent by the Secretary and the Board of Public Works to a federal designation, each business entity in the federal zone shall meet the conditions and requirements applicable to each incentive or initiative and comply with the standards submitted by the political subdivision.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.13 - Clearinghouse or Alternate Review

Current through Register Vol. 51, No. 14, July 12, 2024
The political subdivision requesting an enterprise zone designation shall file, simultaneously with the submission of an application to the Secretary, a copy or copies of the application or application information, in accordance with established procedure, with the Priority Funding Area specialist in the Maryland Office of Planning and the State Clearinghouse or alternate review process that may be established by the Department.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.14 - Application Requirements for Designation of an Enterprise Zone

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirements. The Secretary may not designate any area an enterprise zone unless the area:
(1) Is designated as a priority funding area or meets an exception under State Finance and Procurement Article, Subtitle 7B, Annotated Code of Maryland; and
(2) Satisfies at least one of the following requirements:
(a) The average rate of unemployment in the area, or within a reasonable proximity within the county to the area, for the most recent 18-month period for which data is available, shall be at least 150 percent of the average rate of unemployment in either the State of Maryland or the United States, whichever average rate is greater during that same period;
(b) The population in the area, or within a reasonable proximity within the county to that area, is, on the basis of the most recent census, a low-income poverty area in which the proportion of families with less than poverty level incomes is at least 1.25 times the national proportion;
(c) At least 70 percent of the families living in the area, or within a reasonable proximity within the county to that area, based on the most recent census, have incomes that are less than an amount equal to 80 percent of the median family income within the political subdivision in which the area is located; or
(d) The population in the area, or within a reasonable proximity within the county to that area, decreased by 10 percent between the date of the most recent census and the date of the immediately preceding census and the political subdivision can demonstrate to the Secretary's satisfaction that either chronic abandonment or demolition of the property is occurring in that area or substantial property tax arrearages exist within the area.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.15 - Application Requirements for Designation of a Focus Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request for designation of a focus area may be made on or before any submission date, either at the time the political subdivision applies for the designation of a new enterprise zone or after an enterprise zone has been designated by the Secretary.
B. The Secretary may designate an area as a focus area if the area is located in an enterprise zone designated by the Secretary and meets at least three of the following criteria:
(1) The average rate of unemployment in the area, or within a reasonable proximity to the area but within the same county, for the most recent 18-month period for which data are available, is at least 150 percent of the average rate of unemployment in either the State or the United States, whichever average rate is greater during the same period;
(2) The population in the area or within a reasonable proximity to the area but within the same county has an incidence of poverty that is 150 percent of the national average;
(3) The crime rate in the area or within a reasonable proximity to the area but within the same county is at least 150 percent of the crime rate in the political subdivision in which the area is located, based on crime statistics that:
(a) Conform with standards set forth under the F.B.I. Uniform Crime Reporting Program or the National Crime Victimization Survey, and
(b) Are "aggregated categories" that include both violent crimes and crimes against property;
(4) The percentage of substandard housing in the area or within a reasonable proximity to the area but within the same county is at least 200 percent of the percentage of housing units in the State that are substandard, according to data from the U.S. Bureau of the Census, or other State or federal government data considered appropriate by the Secretary, including any of the following measures developed from the Decennial Census of Population and Housing, Bureau of the Census, U.S. Department of Commerce:
(a) The proportion of housing units without complete kitchen facilities,
(b) The proportion of housing units without complete bathroom facilities,
(c) The proportion of boarded-up units, or
(d) The number of occupants per occupied housing unit;
(5) The percentage of square footage of commercial property that is vacant in the area or within a reasonable proximity of the area but within the same county is at least 20 percent, according to data from the U.S. Bureau of the Census, or other State or federal government data considered appropriate by the Secretary, including data collected by a county or municipality and approved by a unit of State government.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.16 - Annual Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. A political subdivision receiving an enterprise zone designation from the Secretary shall submit an annual report on a calendar year basis to the Secretary by April 15 of the following year, in the form and containing the information established by the Secretary.
B. If the enterprise zone contains one or more focus areas, the annual report shall contain a separate discussion about each focus area.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.17 - Period of Availability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in Tax-General Article, §10-702, and Tax-Property Article, §9-103, Annotated Code of Maryland, the Enterprise Zones Program incentives and initiatives shall be available for a period of 10 years following the data on which the area is designated an enterprise zone.
B. Except as provided in Tax-General Article, §10-702, and Tax-Property Article, §9-103, Annotated Code of Maryland, the focus area incentives and initiatives shall be available for the lesser of:
(1) 5 years from the date of designation; or
(2) The remainder of the 10-year term of the applicable enterprise zone.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.18 - Economically Disadvantaged Individual

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary has designated the Department of Labor, Licensing, and Regulation to certify persons as "economically disadvantaged individuals" for eligibility under Tax-General Article, §10-702(a)(5), Annotated Code of Maryland.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.01 - Enterprise Zones › Section 24.05.01.19 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary particular provisions of these regulations to the extent that a waiver is not inconsistent with the law.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.02 - Film Production Activity-Employer Wage Rebate Grant Program › Section 24.05.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter describes the policies, procedures, and authorizations for providing grant rebates in connection with a film production activity from the Film Production Activity-Employer Wage Rebate Grant Program.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.02 - Film Production Activity-Employer Wage Rebate Grant Program › Section 24.05.02.03 - Film Production Activities Financed by the Fund

Current through Register Vol. 51, No. 14, July 12, 2024
The Fund shall be used to provide grants to reimburse a qualified film production employer for a portion of the qualified employee wages incurred by the qualified film production employer in connection with a film production activity.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.02 - Film Production Activity-Employer Wage Rebate Grant Program › Section 24.05.02.04 - Eligible Applicants

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may apply for a grant under the Act as set forth in this regulation.
B. The applicant shall:
(1) Apply to the Department for a grant from the Fund before photography on the film production activity occurs;
(2) If applicable, be in good standing in the jurisdiction in which it is organized and in the State;
(3) Be the expected qualified film production employer; and
(4) Expect to begin filming of the qualified film production activity within a reasonable period of time, not to exceed 120 days after the date of submission of the application.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.02 - Film Production Activity-Employer Wage Rebate Grant Program › Section 24.05.02.05 - Application and Processing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant Application.
(1) Grant applications shall be made on standard forms prescribed by the Department.
(2) Each application shall include:
(a) The information required by Economic Development Article, §4-403(c), Annotated Code of Maryland; and
(b) Any other information the Secretary requires related to the film production activity and the employer seeking the rebate.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.02 - Film Production Activity-Employer Wage Rebate Grant Program › Section 24.05.02.06 - Completion of Principal Photography

Current through Register Vol. 51, No. 14, July 12, 2024
Upon completion of principal photography in the State, or in the case of a film production activity which is serial in nature, upon completion of principal photography for the season, the qualified film production employer shall deliver any information or certifications concerning the film production activity required by the Department.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.02 - Film Production Activity-Employer Wage Rebate Grant Program › Section 24.05.02.07 - Disbursement of Grant Funds

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall only disburse grant funds to a qualified film production employer after the Department has reviewed and accepted all materials submitted to the Department under Regulation .06 of this chapter.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.02 - Film Production Activity-Employer Wage Rebate Grant Program › Section 24.05.02.08 - Limitations on Grants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maximum per Film Production Activity. A grant from the Fund for a film production activity may not exceed the lesser of:
(1) 50 percent of the qualified employee wages incurred by the qualified film production employer in connection with a film production activity; or
(2) $2,000,000.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.02 - Film Production Activity-Employer Wage Rebate Grant Program › Section 24.05.02.09 - Drug-Free and Alcohol-Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
The applicant shall:
A. Comply with the State's policy concerning drug-free and alcohol-free workplaces, as set forth in COMAR 01.01.1989.18; and
B. Make a good-faith effort to eliminate illegal drug use and alcohol and drug abuse from places at which work is performed in accordance with the terms of the Department's financial assistance.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 05 - ECONOMIC DEVELOPMENT › Chapter 24.05.02 - Film Production Activity-Employer Wage Rebate Grant Program › Section 24.05.02.10 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary or the Secretary's designee may waive or vary particular provisions of this chapter to the extent that the waiver is not inconsistent with the Act if:
A. Conformance to the requirement of any federal, State, or local program in connection with financial assistance necessitates waiver or variance of a regulation; or
B. In the determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.