reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 08 - TIRE RECYCLING FEE › Chapter 03.08.01 - General Regulations › Section 03.08.01.02 - Tire Wholesaler Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. A tire dealer does not pay the tire recycling fees on tires sold to a tire wholesaler. If a tire dealer does not know, or cannot ascertain, whether a buyer is a tire wholesaler, the tire dealer should request a written statement from the buyer certifying that the buyer is a tire wholesaler.
B. Form of Certificate. A particular form for the certificate is not required, but it shall:
(1) Set forth the buyer's name and address;
(2) Contain the buyer's recycling fee account number; and
(3) Be signed by the buyer or an authorized representative of the buyer.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 08 - TIRE RECYCLING FEE › Chapter 03.08.01 - General Regulations › Section 03.08.01.03 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A seller of new tires in the State is required to keep, for a period of 4 years, unless permission is obtained from the Comptroller to destroy the records after a shorter period of time, all records in connection with the sale of new tires in the State.
B. The records shall be adequate to distinguish a first sale of a new tire in the State by a tire dealer from all other sales of new tires in the State. This requires keeping all invoices, bills of lading, purchase orders, sales slips, cash register tapes, invoices, contracts, billing slips, journals, ledgers, inventory records, bank records, and tire wholesaler certificates upon which the dealer has relied.
C. A seller of new tires in the State is required to make records available for inspection and examination by the Comptroller or authorized representative at any time during business hours.
D. If a seller of new tires in the State fails to keep the records required, the Comptroller may compute any tire recycling fees which are due by using a factor that the Comptroller develops by:
(1) A survey of the business of the seller including any available records;
(2) A survey of other sellers of new tires engaged in the same or similar business; or
(3) Other means.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 08 - TIRE RECYCLING FEE › Chapter 03.08.01 - General Regulations › Section 03.08.01.04 - Returns

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing Requirements. A person who is responsible for paying the tire recycling fee on tires sold during the course of a month shall file with the Comptroller a report of those sales, accompanied by payment of the tire recycling fee, by the 21st day of the succeeding calendar month.
B. Filing Basis.
(1) If the Comptroller determines from an application for a tire recycling fee account, previous reporting history, or through audit that a person subject to the tire recycling fee is expected to remit less than $100 per month in fees, the Comptroller may assign that person a filing basis that is less frequent than monthly.
(2) A person assigned a filing basis which is other than monthly shall notify the Comptroller whenever that person has reason to believe that future tire recycling fee payment obligations will average more than $100 per month.
(3) A person assigned a filing basis which is less frequent than four times per year, shall file with the Comptroller a supplemental return for any month, other than the month or months for which scheduled returns are due, in which fees due for that month exceed $100. This return, which is due by the due date set forth in § A of this regulation, shall also encompass any previously unreported fees accrued since the person's most recently filed return. Filing of this return does not affect a person's liability to file the next scheduled return.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 08 - TIRE RECYCLING FEE › Chapter 03.08.01 - General Regulations › Section 03.08.01.05 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A person may appeal an assessment by applying for a hearing. The hearing process is governed by COMAR 03.01.01.04D.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 09 - GENERAL ACCOUNTING DIVISION › Chapter 03.09.01 - General Regulations › Section 03.09.01.01 - 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) "Biennial" means once every 2 fiscal years.
(2) "Fees" means payment asked or given for services rendered.
(3) "Function" means a definable or specific work activity.
(4) "Port tariff" means the published list of approved fees and charges issued by the Maryland Port Administration.
(5) "Service" means work done or completed for which the fee or user charge was derived.
(6) "Unit of State government" means any administration, agency, association, authority, board, bureau, college, commission, council, foundation, fund, department, institute, public corporation, service, trust, university, or other unit of the Executive, Judicial, or Legislative branches of the State government and includes any subunit within any of these units.
(7) "Up-to-date data" means the accumulation and reporting of fees and user charge data for the most recent fiscal year closed as of June 30.
(8) "User charges" generally means fees directly associated with work performed and beneficial to a specific requestor and not to the public at large.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 09 - GENERAL ACCOUNTING DIVISION › Chapter 03.09.01 - General Regulations › Section 03.09.01.02 - Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. A unit of State government that imposes fees or user charges of any kind shall accumulate and report up-to-date data to the Comptroller as specified by this regulation. The data accumulated shall be reported:
(1) In the format prescribed by the Comptroller; and
(2) To the Comptroller's General Accounting Division once every 2 fiscal years.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 10 - MISCELLANEOUS ADMINISTRATION › Chapter 03.10.01 - Slot Machines for Nonprofit Organizations › Section 03.10.01.01 - 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) Charity.
(a) "Charity" means a charitable organization that:
(i) Is or holds itself out to be a benevolent, educational, philanthropic, humane, patriotic, religious, or eleemosynary organization and solicits or obtains contributions solicited from the public for charitable purposes; and
(ii) Is in possession of an effective Internal Revenue Service determination letter evidencing the organization's charitable status under §501(c) of the Internal Revenue Code.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 10 - MISCELLANEOUS ADMINISTRATION › Chapter 03.10.01 - Slot Machines for Nonprofit Organizations › Section 03.10.01.02 - License Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An eligible organization shall submit an application to the Comptroller for an initial license or renewal license for each slot machine it proposes to operate.
B. Each license application, whether initial or renewal, shall:
(1) Satisfy all requirements set forth in the application as provided by the Comptroller;
(2) Be signed by a principal officer of the organization applying for the license under penalty of perjury, as provided by Criminal Law Article, Title 9, Subtitle 1, Annotated Code of Maryland; and
(3) Include a license fee, the amount of which shall be determined by the Comptroller for the reporting year.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 10 - MISCELLANEOUS ADMINISTRATION › Chapter 03.10.01 - Slot Machines for Nonprofit Organizations › Section 03.10.01.03 - Operation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. License Sticker.
(1) Each slot machine shall have a valid license sticker issued by the Comptroller affixed to the machine.
(2) A renewed license sticker must be affixed to a slot machine on or before July 1 of the license's reporting year.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 10 - MISCELLANEOUS ADMINISTRATION › Chapter 03.10.01 - Slot Machines for Nonprofit Organizations › Section 03.10.01.04 - Annual Report and Record-Keeping Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Annual Report.
(1) On or before August 1 of each year, a licensee shall file an annual report with the Comptroller for the preceding reporting year.
(2) The annual report shall be submitted by mail or electronically in a form approved by the Comptroller.
(3) Charitable Disbursements.
(a) The annual report shall show that the licensee has made and met the charitable disbursement requirement under Criminal Law Article, §
											12-304(c), Annotated Code of Maryland, on or before the due date of the report.
(b) Information regarding each charitable disbursement shall include the name and address of the charitable organization receiving the disbursement, the charitable organization's federal employer identification number, and a copy of a receipt from or a cancelled check to the charitable organization receiving the disbursement identifying the date and the amount of the disbursement.
(4) Filing Requirements.
(a) If a licensee fails to file a full and complete annual report by August 1, the Comptroller shall mail a notice within 30 days demanding that the report be filed within 10 days of the date on the notice.
(b) The Comptroller may suspend or revoke the license of each slot machine licensed to the licensee for a licensee's failure to file a complete annual report.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 10 - MISCELLANEOUS ADMINISTRATION › Chapter 03.10.01 - Slot Machines for Nonprofit Organizations › Section 03.10.01.05 - Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Comptroller, or the Comptroller's duly authorized designee, shall be fully authorized to inspect and search, without warrant, at reasonable hours, any place of business in which slot machines are authorized to be kept and operated by a licensee.
B. If the Comptroller, or the Comptroller's duly authorized designee, finds during an inspection or investigation that the operation of a slot machine may be in violation of Criminal Law Article, Title 12, Subtitle 3, Annotated Code of Maryland, or a regulation in this chapter, the Comptroller may seal the slot machine rendering it inoperable, subject to the hearing requirements under Regulation .06 of this chapter. Only the Comptroller, or the Comptroller's duly authorized designee, may remove the seal from a slot machine.
C. The Comptroller may suspend or revoke the license of any licensed slot machine if the seal placed on a slot machine is removed by someone other than the Comptroller or the Comptroller's duly authorized designee.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 10 - MISCELLANEOUS ADMINISTRATION › Chapter 03.10.01 - Slot Machines for Nonprofit Organizations › Section 03.10.01.06 - Hearings and Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
Except as provided in this chapter, the Comptroller shall follow the hearings and appeals procedure set forth in COMAR 03.01.01.04D and .05 before a denial, suspension, or revocation of a license is issued under Criminal Law Article, §
									12-304, Annotated Code of Maryland.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 12 - DIGITAL ADVERTISING TAX › Chapter 03.12.01 - General Regulations › Section 03.12.01.01 - 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) "Access" means the transmittal, display, embedding, or other availability to a user for viewing or interaction.
(2) "Device" means any medium through which digital advertising services may be accessed, including stationary or portable computing devices, tablets, phones, and smart devices.
(3) "Digital advertising services:"
(a) Includes advertisement services on a digital interface, including advertisements in the form of banner advertising, search engine advertising, interstitial advertising, and other comparable advertising services; and
(b) Does not include advertisement services on digital interfaces owned or operated by or operated on behalf of a broadcast entity or news media entity as defined in Tax-General Article, § 7.5101, Annotated Code of Maryland.
(4) "Digital interface" means any type of software, including a website, part of a website, or application, that a user is able to access.
(5) "Location" means the actual, physical location of a digital interface when a digital advertising service is accessed by a user.
(6) "User" means an individual or any other person who accesses a digital interface with a device.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 12 - DIGITAL ADVERTISING TAX › Chapter 03.12.01 - General Regulations › Section 03.12.01.02 - Revenues Derived from Digital Advertising Services in the State

Current through Register Vol. 51, No. 14, July 12, 2024
A. Revenues from digital advertising services are derived in the State when any portion of those services are accessed through a device located within the State. Sourcing of digital advertising revenues to the State is based upon the portion of those devices located within the State.
B. The amount of digital advertising gross revenue attributable to the State shall be computed as follows:
(1) An apportionment factor shall be developed as a fraction, where the numerator is the number of devices that have accessed the digital advertising services from a location in the State, and the denominator is the number of devices that have accessed the digital advertising services from any location.
(2) Devices whose location are indeterminate shall be excluded from both the numerator and denominator of the apportionment factor, without any adjustment to the amount of revenue to be apportioned.
(3) The developed apportionment factor shall be applied to the digital advertising gross revenue received by the taxpayer to compute the digital advertising gross revenue attributable to the State.
Example 1: Company A receives $100 in gross revenue attributable to digital advertising services. These services are accessed by 1000 devices worldwide, all of which have an identifiable location. Of these devices, 500 are located outside the United States and 500 are within the United States, 10 of which are in the State. Company A would have $1 (10/1000 x $100) of digital advertising gross revenues derived from the State.
Example 2: Company B receives $100 in gross revenue attributable to digital advertising services. These services are accessed by 1000 devices worldwide, 500 of which have an identifiable location. Of those, 400 are located outside the United States and 100 are within the United States, 10 of which are in the State. Company B would have $2 (10/500 x $100) of digital advertising gross revenues derived from the State.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 12 - DIGITAL ADVERTISING TAX › Chapter 03.12.01 - General Regulations › Section 03.12.01.03 - Revenues Derived from the United States

Current through Register Vol. 51, No. 14, July 12, 2024
A. Revenues from digital advertising services are derived in the United States when any portion of those services are accessed by devices within the United States. In determining the location of devices in this section, taxpayers shall use a method consistent with their determination of revenues derived from the State.
B. Taxpayers will determine the location of a device using the totality of the data within their possession or control, as described in Regulation .02 of this chapter.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 12 - DIGITAL ADVERTISING TAX › Chapter 03.12.01 - General Regulations › Section 03.12.01.04 - Computation of Digital Advertising Gross Revenues Tax in Year of a Rate Change

Current through Register Vol. 51, No. 14, July 12, 2024
Unless an act that changes the digital advertising gross revenues tax rate provides otherwise, if the rate changes on a date other than January 1, a person shall compute the digital advertising gross revenues tax using the tax rate that applies to each part of the year.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 12 - DIGITAL ADVERTISING TAX › Chapter 03.12.01 - General Regulations › Section 03.12.01.05 - Digital Advertising Gross Revenues Tax returns and Declarations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each person required under Tax-General Article, Title 7.5, Annotated Code of Maryland, to file a digital advertising gross revenues tax return or estimated digital advertising gross revenues tax declaration or return shall file a return or declaration with the Comptroller, whether or not:
(1) The person owes digital advertising gross revenues tax; or
(2) The Comptroller sends the person a form or otherwise requests that the return or declaration be filed.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 12 - DIGITAL ADVERTISING TAX › Chapter 03.12.01 - General Regulations › Section 03.12.01.06 - Digital Advertising Gross Revenues Declaration of Estimated Tax

Current through Register Vol. 51, No. 14, July 12, 2024
Each person that reasonably expects estimated digital advertising gross revenues tax for a calendar year to exceed $1,000,000 shall file a declaration of estimated digital advertising gross revenues tax in the form and manner prescribed by the Comptroller.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures for filing requests with the Department of General Services for the inspection and copying of records under State Government Article, §§
									10-611 -10-630, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when that access is allowed by law, by minimizing costs and time delays to persons requesting information.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Act" means State Government Article, §§
									10-611 -10-630, Annotated Code of Maryland.
B. "Applicant" means a person requesting disclosure of public records.
C. "Custodian" means an authorized person employed by the Department having personal custody and control of public records of the Department.
D. "Department" means the Department of General Services.
E. "Official custodian" means the person who is responsible for the maintenance, care, and keeping of the public records of the Department. Unless otherwise provided by law, the Secretary is the official custodian of the Department's records.
F. "Public records" means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics. Public records includes all copies made or received by the Department in connection with the transaction of public business and includes the salaries of all employees of the Department.
G. "Secretary" means the Secretary of General Services.
H. "Working day" means a day other than Saturday, Sunday, or State holiday.
I. "Written documents" means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.04 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inspections.
(1) Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request.
(2) The custodian shall require a written request if the custodian reasonably believes that the Act, or any other law, may prevent the disclosure of the record to the applicant, or that a written request will materially assist the Department in responding to the request.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.05 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.06 - Filing Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.07 - Response to Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian decides to grant a written request for inspection, he shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request when that period of time is needed to retrieve the information.
B. If the custodian decides to deny the written request, he shall do so within 30 days of the written request and immediately upon deciding to deny the request, notify the applicant of the denial.
C. If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.
D. With the consent of the applicant, any time limit imposed by §§A-C, of this regulation, may be extended for an additional period not to exceed 30 days.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.08 - Notification of Persons Who May be Affected By Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.09 - Records Temporarily Unavailable

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested public record is in the custody and control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.10 - Records Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.11 - Review of the Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.
B. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Secretary and the hearing shall be governed by State Government Article, Title 10, Subtitle 2. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. The Secretary shall issue the final decision of the Department.
C. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under §10-623 of the Act.
D. If the applicant chooses not to request a hearing under § A, above, the applicant may file an action for judicial enforcement under §10-623 of the Act without exhausting that administrative remedy.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.12 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
If, in the opinion of the official custodian, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.13 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The fee schedule for copying and certifying copies of records is as follows:
(1) Copies. The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the fee for copies will be based on the actual cost of reproduction.
(2) Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 per page shall be charged.
(3) Minimum Fee Charged. A charge will not be made if the total amount of the fee would be $1 or less.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.14 - Time of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may inspect any public record that he is entitled to inspect during the normal working hours of the Department.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.01 - Public Information Requests › Section 04.01.01.15 - Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.02 - Petition for Promulgation, Amendment, or Repeal of Regulations › Section 04.01.02.01 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition with the Secretary to adopt a new regulation under the laws administered by the Department of General Services or the amendment or repeal of any existing regulation issued under those laws.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.02 - Petition for Promulgation, Amendment, or Repeal of Regulations › Section 04.01.02.02 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall be submitted in writing and shall provide the following information:
A. The full text of a proposed regulation or regulations.
B. The identification and the full text of an existing regulation or regulations, as proposed to be amended, indicating proposed changes.
C. The identification of the regulation or regulations for which repeal is sought.
D. A statement in support of the proposal made. This statement shall:
(1) Make reference to the statutory basis for the proposal, including, when appropriate, judicial and administrative interpretations of the statute or statutes in question;
(2) Include specific objections to existing regulations, practices, or interpretations; and
(3) Set forth the policy considerations which support adoption of the proposal.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.02 - Petition for Promulgation, Amendment, or Repeal of Regulations › Section 04.01.02.03 - Submission, Consideration, and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 60 days after submission of a petition, the Secretary of the Department of General Services shall either deny the petition in writing, stating the reasons for the denial, or initiate rule-making proceedings.
B. If a petition is denied, another petition substantially the same as the one denied within the past 6 months will not be accepted for review unless circumstances, as determined solely by the Department, warrant otherwise.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.03 - Petition for Declaratory Ruling › Section 04.01.03.01 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file with the Secretary of the Department of General Services a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of the laws administered by the Department and regulations set forth in Title 04 of COMAR.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.03 - Petition for Declaratory Ruling › Section 04.01.03.02 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. A petition for declaratory ruling shall be filed in writing and clearly marked to indicate that it is being filed pursuant to this regulation. It shall contain a detailed statement of the facts on which the petition is based, shall set forth fully the statutes, regulations, or judicial decisions relevant to the issue, and shall pose the question of whether, and in what manner, the statutes, regulations, or judicial decisions apply to the petitioner under the facts outlined in the petition.
B. In addition, the petition shall contain a statement describing in detail the interest of the petitioner in making the request for the declaratory ruling. This description shall include a statement as to whether the declaratory ruling sought is intended to affect the consequences of any transaction or transactions entered into or contemplated by the petitioner, its vendors, customers, clients, or any person upon whose request or upon whose behalf the declaratory ruling is sought, which are known by the petitioner to be the subject of an inquiry of the Department of General Services and shall contain an explanation of the circumstances surrounding the inquiry, if any.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.03 - Petition for Declaratory Ruling › Section 04.01.03.03 - Consideration and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall consider the petition and may, at his discretion, issue the declaratory ruling requested. The Secretary may require argument on the petition. Any declaratory ruling issued shall plainly state that it is a declaratory ruling pursuant to this regulation. A written answer from the Secretary or any employee of the Department to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation.
B. As to the petitioner, a declaratory ruling shall be binding upon the Secretary as to any transaction covered thereby, entered into before the date of the declaratory ruling, and any transaction entered into in reliance upon the declaratory ruling unless, after the issuance of the declaratory ruling and before any affected transaction, a change in the legal basis of the declaratory ruling is made by statute, regulation, or judicial decision. With prospective effect only, a declaratory ruling may be revoked, altered, or amended by the Secretary, at any time.
C. The Secretary may publish declaratory rulings of general interest, subject to protection of the identity of the petitioner and any confidential information contained in the petition for declaratory ruling.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.04 - Personal Records › Section 04.01.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures which govern the form and method for submission of an annual report to the Department of General Services which describes personal records kept by a unit or instrumentality of the State government.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.04 - Personal Records › Section 04.01.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following terms have the meanings indicated.
B. Terms Defined.
(1) "Personal record" means a public record that names or, with reasonable certainty, otherwise identifies an individual by an identifying factor such as:
(a) An address;
(b) A description;
(c) A finger or voice print;
(d) A number; or
(e) A picture.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.04 - Personal Records › Section 04.01.04.03 - Annual Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. A unit or instrumentality of the State government which keeps personal records shall submit an annual report to the Secretary.
B. This regulation does not apply to a:
(1) Unit in the Legislative branch of State government;
(2) Unit in the Judicial branch of State government; or
(3) Board of license commissioners.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.04 - Personal Records › Section 04.01.04.04 - Form and Method of Reporting Personal Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall develop and issue forms and instructions annually which enable units and instrumentalities of State government, other than those identified in Regulation .03B, of this chapter, to comply with the requirements of this chapter.
B. The Secretary shall request, by June 1 of each year, a fiscal year annual report of personal records. The report shall be due within 60 days of the Secretary's request.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.04 - Personal Records › Section 04.01.04.05 - Public Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall make the annual report available for public inspection in accordance with COMAR 04.01.01.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.05 - Public-Private Partnership Program › Section 04.01.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to:
A. Establish a Department of General Services Public-Private Partnership Program (Program) to enhance the State's non-transit infrastructure assets; and
B. Describe and provide a process for the development, solicitation, evaluation, award, and delivery of Public-Private Partnerships in the Department's Program.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.05 - Public-Private Partnership Program › Section 04.01.05.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. In accordance with State Finance and Procurement Article, §
									10A-101(g)(1), Annotated Code of Maryland, the Department is a reporting agency that may establish Public-Private Partnerships and execute Public-Private Partnership agreements in connection with any public infrastructure assets for which it is responsible.
B. Within the Department, the Secretary may establish a Public-Private Partnership operational unit and/or designate an employee of the Department to administer the Department's Program.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.05 - Public-Private Partnership Program › Section 04.01.05.04 - Public-Private Infrastructure Project Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Project Committee is established to advise the Secretary on the structure and implementation of the Department's Program, including, but not limited to the following:
(1) Identification of potential Public-Private Partnership opportunities for screening;
(2) Screening of Public-Private Partnership opportunities, including both high-level and detailed-level;
(3) Prioritization of Public-Private Partnership opportunities for solicitation;
(4) Developing pre-solicitation and solicitation plans and processes for Public-Private Partnership opportunities;
(5) Ongoing monitoring of Public-Private Partnerships; and
(6) Coordination and communication with other State reporting agencies.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.05 - Public-Private Partnership Program › Section 04.01.05.05 - Project Identification Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Public-Private Partnership concepts and opportunities may be identified within the Department and through other State, regional, local, and municipal processes.
(1) Potential Public-Private Partnership concepts and opportunities may be identified through periodic planning, communication, and evaluation processes that are carried out within the Department and through other state, regional, local, and municipal processes.
(2) Public-Private Partnership Candidate Concept Application.
(a) To initiate a high-level review, screening, and policy analysis of a proposed Public-Private Partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Project Committee chair by an Assistant Secretary, designated as an Internal Sponsor.
(b) A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed.
(c) Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, and to the extent such information is available, shall include but is not limited to:
(i) Preliminary ideas of Public-Private Partnership scope, schedule, and project lifecycle considerations;
(ii) Preliminary qualitative evaluation of relevant benefits and cost;
(iii) Preliminary description of financial concepts;
(iv) Rationale for a Public-Private Partnership delivery method relative to a conventional project delivery approach; and
(v) Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06.C(1) of this chapter.
(d) The format and required contents of the Public-Private Partnership Candidate Concept Application shall be:
(i) Developed by the Project Committee;
(ii) Approved by the Secretary; and
(iii) Updated by the Project Committee as needed.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.05 - Public-Private Partnership Program › Section 04.01.05.06 - Screening Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of the screening is to assist the Department in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a Public-Private Partnership methodology.
B. The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated Public-Private Partnership concepts and unsolicited public-private concepts.
C. The screening process shall be organized in two phases:
(1) High-Level Screening Phase.
(a) Factors to be considered during the high-level screening may include, but are not limited to:
(i) Ability to meet State infrastructure, socioeconomic development, workforce, and environmental goals;
(ii) Technical implementation considerations;
(iii) Potential need for coordination with other State agencies;
(iv) Ability to allocate and share risks in a cost effective manner that shall be consistent with State law and in the best interests of the State;
(v) Opportunities to reduce reliance on public funds or finance, or both;
(vi) Public affordability considerations;
(vii) Potential for increased revenue generation and revenue sharing with the Department; and
(viii) Potential impact on the workforce, including existing State employees, if any.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.05 - Public-Private Partnership Program › Section 04.01.05.07 - Pre-solicitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pre-solicitation Report Development.
(1) The development of a pre-solicitation report for submission involves a broad range of activities that may run concurrent to the high-level and detailed-level screening phases.
(2) In consultation with the Project Committee, the Secretary shall determine:
(a) The tasks required for the development of a pre-solicitation report; and
(b) The responsible parties within the Department.
(3) The development of a pre-solicitation report containing all elements required in State Finance and Procurement Article, §
										10A-201(b)(1), Annotated Code of Maryland may entail a variety of tasks, including but not limited to:
(a) Analyses and documentation, including some or all of the following categories:
(i) Scope, design concepts, and phasing schedules;
(ii) Compliance with federal and State environmental planning requirements;
(iii) Technical and financial feasibility analyses;
(iv) Evaluation of operations and maintenance requirements;
(v) Asset lifecycle costs and revenue estimates;
(vi) Risk assessment of key asset delivery elements;
(vii) In the event that a Public-Private Partnership delivery method may have a potential impact on existing State employees, analysis of potential impact and potential options for mitigating the impact; and,
(viii) Other analyses determined to be necessary to determine appropriateness, viability, and effectiveness of a Public-Private Partnership delivery method.
(b) Issuing public requests for information to obtain additional information that may help the Department to confirm or refine key assumptions; and
(c) Organizing public industry forums to obtain additional knowledge that may help the Department confirm or refine key assumptions.
(4) In the event that the proposed Public-Private Partnership delivery method may have a potential impact on State employees, the Department shall arrange for meetings between the Secretary and appropriate bargaining unit representatives, if any, for a preliminary discussion of potential impact and potential options for mitigating that impact.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.05 - Public-Private Partnership Program › Section 04.01.05.08 - Solicitation Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The solicitation process for Public-Private Partnerships shall be competitive, regardless of whether the Public-Private Partnership concept originated internally within the Department or from an unsolicited proposal.
(2) For each private entity that responds to a public notice of solicitation, the Department shall make a responsibility determination in accordance with State Finance and Procurement Article, §
										10A-202(c), Annotated Code of Maryland.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.05 - Public-Private Partnership Program › Section 04.01.05.09 - Evaluations, Negotiation, and Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall conduct evaluations of submitted responses to requests for qualifications and submitted proposals using the information submitted by the private entity.
(1) Submitted information shall be evaluated against the requirements of the solicitation and the evaluation criteria that the Department specifies in the solicitation for the particular Public-Private Partnership opportunity.
(2) The objective of this evaluation process is to select the private entity that provides the best value solution for the State.
(3) The Department's evaluation criteria shall be clearly set forth in each request for solicitation.
(4) A failure to provide all requested information may result in the Department eliminating a response or proposal from further consideration.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.05 - Public-Private Partnership Program › Section 04.01.05.10 - Delivery

Current through Register Vol. 51, No. 14, July 12, 2024
Procedures for Public-Private Partnership Agreements. In the development of a Public-Private Partnership agreement, the Secretary shall comply with the provisions established in State Finance and Procurement Article, §
									10A-401, Annotated Code of Maryland.
Code of Maryland Regulations › Title 04 - DEPARTMENT OF GENERAL SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 04.01.06 - Assistive Listening Device in Assembly Areas › Section 04.01.06.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations describe and provide a process for recipients of State funds to install an assistive listening system in an assembly area during construction or renovation of the assembly area.