reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.03 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 26.01.03.09 - Notice to the Petitioner and Other Persons

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary will send written notices to the petitioner
					 and any other person requesting notification in accordance with this section,
					 as follows:
A. If the petition is
				  denied, notice of the denial (including the reasons for the denial) will be
				  sent within 60 days of receipt of the petition.
B. When the requested (or modified)
				  regulation appears in the Maryland Register, notice of this event will be sent
				  at the time of the appearance in the Maryland Register.
C. When the Secretary finally disposes of the
				  requested regulation (final promulgation, amendment, repeal, or a decision to
				  discontinue the rulemaking), notice will be sent at this time. If the final
				  disposition is a decision to discontinue the rulemaking, the notice will
				  include a statement of the reasons for the discontinuance.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.03 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 26.01.03.10 - Files of Petitions for Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A file will be maintained by the Department of all
					 petitions submitted and their disposition. This file will be available for
					 public inspection as provided in State Government Article, Title 10, Subtitle
					 6, Part III, Annotated Code of Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out the procedures for filing
					 requests with the Department of the Environment for the inspection and copying
					 of records under State Government Article, §§
										10-611 -10-628,
					 Annotated Code of Maryland. It is the policy of the Department to facilitate
					 public access to records, when this access is allowed by law, by minimizing
					 costs and time delays to persons requesting information.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means State Government Article,
				  10-611-----10-628, Annotated Code of Maryland.
(2) "Applicant" means any person requesting
				  disclosure of public records.
(3)
				  "Compelling need" means that failure to obtain the requested information on an
				  expedited basis could reasonably be expected to:
(a) Present an imminent threat to human life
				  or safety;
(b) Present an imminent
				  threat of loss of due process rights;
(c) Cause significant financial loss;
				  or
(d) Be of immediate public
				  interest.
(4)
				  "Custodian" means an authorized person employed by the Department having
				  personal custody and control of the public records of the Department.
(5) "Department" means the Department of the
				  Environment.
(6) "Facility" means a
				  hospital or related institution as defined in Health-General Article,
				  §19-301.
(7) "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 of the Environment is the official custodian.
(8) "Public records" means any paper,
				  correspondence, form, book, photograph, photostat, film, microfilm, sound
				  recording, map, drawing or other written document, regardless of physical form
				  or characteristics. "Public records" includes all copies that have been made or
				  received by the Department in connection with the transaction of public
				  business and includes the salaries of all employees of the Department, both in
				  the classified and nonclassified service.
(9) "Secretary" means the Secretary of the
				  Environment.
(10) "Working day"
				  means every day except Saturdays, Sundays, and State holidays.
(11) "Written documents" means all books,
				  papers, maps, photographs, cards, tapes, recordings, computerized records, or
				  other documentary material, regardless of physical form or
				  characteristics.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
Any person may request to inspect or copy any public record
					 that is in the custody and control of the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.04 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
Normally, the custodian shall make public records available
					 for inspection by an applicant without demanding a written request. However,
					 the custodian may 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 when the custodian believes that a written request will
					 materially assist the Department in responding to the request. If the applicant
					 is requesting a copy of any public record, the custodian may require a written
					 request.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.05 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall contain the applicant's name,
					 address, telephone number, and signature, and shall briefly describe the record
					 sought.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.06 - Filing the Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request for a record in the custody and control
					 of the Department shall be addressed to the custodian of the record. If the
					 custodian of the record is unknown to the applicant, the request may be
					 addressed to the Secretary.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.07 - 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, if this 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. The notification shall be in writing and shall state the reason for
				  denying the request and include a citation to the statute or regulation that
				  provides the basis for 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.
E. Expedited Processing.
(1) If the applicant demonstrates a
				  compelling need for the information, a request for expedited processing may be
				  granted.
(2) A demonstration of a
				  compelling need shall be:
(a) Made in the
				  request for expedited processing; and
(b) Certified under oath to be true and
				  correct by the applicant.
(3) Determinations to grant or deny expedited
				  processing are within the discretion of the Department and shall be made on a
				  case-by-case basis.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.08 - 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 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.09 - Records Temporarily Unavailable

Current through Register Vol. 51, No. 14, July 12, 2024
If the public record requested 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 notify the
					 applicant of this fact within 10 working days of the receipt of the request and
					 shall set a date and time, within a reasonable period of time, when the
					 custodian will make the record available to the applicant for inspection or
					 copying.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.10 - Records Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If the requested record has been destroyed or lost, the
					 custodian shall notify the applicant of this fact within 10 working days of the
					 request and shall explain in the response the circumstances of the destruction
					 or loss.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.11 - Review of the Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  written request is denied by the custodian for a reason other than that the
				  record is temporarily unavailable, the applicant may request an administrative
				  hearing on the denial within 30 days after receipt of the written notification
				  of denial.
B. If a hearing is
				  requested by the applicant, the hearing shall be a contested case hearing. The
				  hearing shall be governed by State Government Article, Title 10, Subtitle 2,
				  Annotated Code of Maryland, and COMAR 26.01.02.
C. If the administrative hearing results in a
				  total or partial denial of the written request, the applicant may then file an
				  appropriate action in the circuit court under State Government Article,
				  §10-623, Annotated Code of Maryland.
D. If the applicant chooses not to request a
				  hearing under §A of this regulation, the applicant may file an action for
				  judicial enforcement under State Government Article, §10-623, Annotated Code of
				  Maryland, without exhausting the administrative remedy.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.12 - 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 which 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. In these cases, the official custodian
					 shall apply within 10 working days of the denial to the appropriate circuit
					 court for an order permitting him to continue to deny or restrict the
					 disclosure. Notice of the application filed with the circuit court shall be
					 served upon the applicant by the custodian in the same manner provided for
					 service of process by the Maryland Rules of Procedure.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.13 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Department Fee
				  Schedule.
(1) Copies.
(a) Except as provided below, the charge for
				  each copy is 30 cents per page when reproduction can be made by photocopying
				  machine within the Department. This charge shall increase to 32 cents July 1,
				  2001, 34 cents July 1, 2003, and 36 cents July 1, 2005.
(b) When records are not susceptible to
				  photocopying (for example, punch cards, magnetic tapes, and microfilm), the
				  charge for reproducing the record will be determined on a case-by-case basis at
				  actual cost.
(c) For preprinted
				  material, the charge will be the cost to the Department plus 10
				  percent.
(d) For preprinted
				  material which is disseminated by the Department for the education or general
				  welfare of the people of the State, there will be no charge or a charge equal
				  to the normal charge for this material.
(e) For other preprinted material, the charge
				  will be 2 cents per page or the established price.
(f) For oversized copies (for example,
				  blueprints), the charge shall be $2 per page.
(g) For copies of computer files, the charge
				  will be the actual cost of hardware or software necessary to make the copies,
				  the employee's time, and the cost of the materials to convey the copies such as
				  tapes, diskettes, or paper.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.14 - Time of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may inspect any public record during the
					 normal working hours of the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.04 - Filing Requests for Inspection and Copying of Records › Section 26.01.04.15 - Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
Inspection will take place where the document is located
					 unless the custodian determines that another location is more
					 suitable.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.05 - Correction or Amendment of Personal Records › Section 26.01.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures for persons in
					 interest to request the correction or amendment of personal records in the
					 Department of the Environment under State Government Article, §10-625,
					 Annotated Code of Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.05 - Correction or Amendment of Personal Records › Section 26.01.05.02 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest as defined in State Government
					 Article, §
										10-611(e)
					 may request the Department to correct or amend any personal records pursuant to
					 State Government Article, §10-625.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.05 - Correction or Amendment of Personal Records › Section 26.01.05.03 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
The person in interest shall request the correction or
					 amendment in writing. Each request shall:
A. Identify the personal records the person
				  is seeking to correct or amend;
B.
				  State the precise correction or amendment requested;
C. State the reason the correction or
				  amendment is sought;
D. Include the
				  statement that the personal records are, to the person's belief, currently
				  inaccurate or incomplete.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.05 - Correction or Amendment of Personal Records › Section 26.01.05.04 - Filing the Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment of the records shall
					 be filed with the Department by addressing it to the custodian of the record.
					 If the custodian is unknown to the person in interest, the request may be
					 addressed to the Secretary.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.05 - Correction or Amendment of Personal Records › Section 26.01.05.05 - Return of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment will be considered
					 filed with the Department when received, only to the extent that it reasonably
					 complies with Regulation .03 of this chapter. If a request does not reasonably
					 comply with Regulation .03, of this chapter, it shall be returned to the person
					 with an explanation of the reason for the return and a statement that, upon
					 completion, it may be refiled with the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.05 - Correction or Amendment of Personal Records › Section 26.01.05.06 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after the completed request for correction
					 or amendment that complies with Regulations .03 and .04 of this chapter is
					 received, the custodian of the record shall:
A. Make the requested correction or amendment
				  and inform the person of the action;
B. Inform the person in writing of the:
(1) Department's refusal to make the
				  requested correction or amendment, and
(2) Reason for the refusal; or
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.05 - Correction or Amendment of Personal Records › Section 26.01.05.07 - Refusal of Request

Current through Register Vol. 51, No. 14, July 12, 2024
If the Department's final determination under Regulation
					 .06 of this chapter is to refuse the requested correction or amendment, as
					 authorized by Regulation .06B of this chapter, the person in interest may file
					 with the Department a concise statement of the reasons for:
A. The requested correction or amendment;
				  and
B. Disagreement with the
				  Department's refusal to make the correction or amendment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.05 - Correction or Amendment of Personal Records › Section 26.01.05.08 - Requirements For Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
The statement specified in Regulation .07 of this chapter,
					 shall be filed on pages not exceeding 8-1/2 x 11 inches in size. Only one side
					 of the page shall contain the statement. Not more than 5 pages will be accepted
					 by the Department in connection with a single request for correction and
					 amendment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.05 - Correction or Amendment of Personal Records › Section 26.01.05.09 - Information Provided to Third Parties

Current through Register Vol. 51, No. 14, July 12, 2024
When the Department discloses to a third party information
					 from personal records about which a statement in compliance with Regulations
					 .07 and .08 of this chapter has been filed, the Department shall furnish a copy
					 of the statement to the third party.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.05 - Correction or Amendment of Personal Records › Section 26.01.05.10 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may
				  request an administrative review within the Department, by filing a request for
				  review with the Secretary, if the person has been denied:
(1) An amendment or correction of a
				  record;
(2) The right to file a
				  statement; or
(3) The right to have
				  a statement to a third party forwarded pursuant to Regulation .09 of this
				  chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.06 - Standards for Audits of Grants and Contracts with Providers and Local Agencies › Section 26.01.06.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to prescribe standards,
					 policies, and procedures for the auditing of grants and contracts of the
					 Department of the Environment with vendors, providers of service, and local
					 health departments.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.06 - Standards for Audits of Grants and Contracts with Providers and Local Agencies › Section 26.01.06.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  shall apply to all contracts and grants made by the Department of the
				  Environment with private vendors, grantees, and local health departments for
				  which an audit is provided as described in State Finance and Procurement
				  Article, §
										7-404,
				  Annotated Code of Maryland.
B. The
				  audit shall determine whether funds were spent in accordance with the contract
				  or grant agreement.
C. The auditor
				  shall review expenditures and revenues to determine if they are consistent with
				  the approved budget and supported by documentation in accordance with the
				  contract or grant agreement and generally accepted accounting
				  principles.
D. The audit shall
				  establish amounts due to or from the State by comparison of budgeted, reported,
				  and audited expenditures net of revenues and funded amounts.
E. The audit findings shall be the basis for
				  making a final settlement of the grant or contract.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.06 - Standards for Audits of Grants and Contracts with Providers and Local Agencies › Section 26.01.06.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Contract" means a formal agreement
				  between the Department of the Environment and a provider of services to conduct
				  a program or perform specified services for a consideration.
(2) "Expenditures" means disbursement of
				  funds to pay vendors and employees for goods or services provided.
(3) "Grant" means an award of financial
				  assistance to an eligible recipient under programs that provide for this
				  assistance based on review and approval of an application setting forth a
				  proposed activity or program.
(4)
				  "Grantee" means that institution, public or private agency, corporation,
				  organization, or other legally accountable entity that receives a grant and
				  assumes legal and financial responsibility and accountability both for the
				  awarded funds and for the performance of the grant supported
				  activity.
(5) "Revenues" mean
				  monies generated by the program, such as client fees, payments by third
				  parties, contributions and interest earned on deposited grant funds.
(6) "Sub-grantee" means one of two or more
				  entities whose activities, individually and collectively, are intended to
				  fulfill the purpose of the grant program pursuant to an agreement between the
				  sub-grantee and the grantee.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.06 - Standards for Audits of Grants and Contracts with Providers and Local Agencies › Section 26.01.06.05 - Grantee Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  grantee, provider, and local health departments shall provide full disclosure
				  of all accounting, financial, and other records as needed, to Finance and
				  Administration during regular business hours of the audited
				  organization.
B. The grantee,
				  provider, and local health department shall retain all accounts and records of
				  the grant or contract for a period of 5 years following the close of each
				  fiscal year for audit by the Department.
C. Each primary grantee shall be responsible
				  for auditing sub-grantees in accordance with the chapter.
D. Each grantee shall maintain detailed
				  accounting records as to receipts and expenditures of grant funds pertaining to
				  the direct administration of the program. Each sub-grantee is accountable to
				  the primary grantee, who is responsible directly to Finance and Administration
				  of the Department of the Environment.
E. Revenues collected as a result of sale of
				  goods and services rendered by persons or facilities receiving grant funds
				  shall be credited to the grant program, and be applied as a reduction of the
				  gross expenditures of the program. These revenues shall include fee
				  collections, third-party payments, and proceeds from sales of goods obtained or
				  manufactured with labor and materials paid for with grant funds. Revenues shall
				  also include interest earned on deposited grant funds and contributions, with
				  the exception of those contributions which are undesignated.
F. The grantee, provider, or local health
				  department shall have the right to present additional information and evidence
				  to support its position relative to the audit findings. This information and
				  evidence may be presented at the exit conference or at any time before the
				  issuance of the final audit report.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all public informational and
					 contested case hearings required under Environment Article, §§
										5-203 and
					 5-506, Annotated Code of
					 Maryland, pertaining to the conservation, protection, and use of water
					 resources in the State. These procedures are intended to supplement the
					 procedures required by law, and do not apply to investigations or informal
					 meetings. In the event of a conflict between this chapter and COMAR 08.01.04,
					 this chapter applies.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.03 - Notice of Completed Application and Opportunity for Public Informational Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				  for a new or modified Subtitle 5 permit shall submit to the Administration a
				  list of the names and addresses of contiguous property owners and appropriate
				  local officials who have been served with a notice of application by the
				  applicant. The Administration may consider evidence of an easement or
				  right-of-way secured from a contiguous property owner as satisfaction of the
				  notice requirement to a contiguous property owner under this section.
B. Within 30 days of the Administration's
				  determination that a Subtitle 5 permit application is complete, the
				  Administration shall issue a notice of completed application and opportunity
				  for a public informational hearing on the application in accordance with all of
				  the following. The notice shall be:
(1)
				  Mailed to each person on the interested persons list, and the Administration
				  may add additional individuals and public officials to the interested persons
				  list as appropriate;
(2) Published
				  for at least 1 business day in a newspaper of general circulation in the
				  county, with the applicant bearing the cost of the newspaper notice;
(3) Published in the Maryland Register in
				  accordance with State Government Article, §
											7-214, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.04 - Requests for Public Informational Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any interested person may file a written
				  request for a public informational hearing. The request shall be filed within
				  14 calendar days of publication of the notice required under Regulation .03B of
				  this chapter.
B. A request for
				  hearing shall be considered filed when it is received at the office of the
				  Director, Water Management Administration, 2500 Broening Highway, Baltimore, MD
				  21224.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.05 - Notice of Public Informational Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 10 calendar days after receipt of a
				  request for a public informational hearing, the Administration shall set the
				  date, time, and place for the hearing and shall mail a hearing notice to those
				  on the interested persons list. Notice need not be published.
B. Contents. The notice of public
				  informational hearing shall include:
(1) A
				  description of the project or activity for which the permit is
				  sought;
(2) The date, time, and
				  place of the hearing;
(3) The
				  statutory authority of the Administration to conduct the hearing;
(4) A citation for the procedures under which
				  the hearing shall be conducted; and
(5) A statement that the applicant and
				  interested persons shall be given an opportunity at the hearing to offer
				  information for or against the application for a permit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.06 - Conduct of the Public Informational Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director may delegate all or part of
				  the authority to hold a public informational hearing to a presiding official or
				  to a hearing examiner.
B. Hearing
				  Procedures.
(1) The public informational
				  hearing shall be conducted under the applicable statutes.
(2) The Administrative Procedure Act and
				  COMAR 08.01.04 do not apply to public informational hearings.
(3) The applicant, Administration
				  representatives, and interested persons may offer information or comments for
				  or against granting the application.
(4) Questions may be asked of, and directed
				  to, the presiding official, but cross-examination may not be
				  conducted.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.07 - Record of Public Informational Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
The presiding official shall maintain an official record of
					 the public informational hearing, consisting of:
A. The permit application and related
				  documents;
B. Pertinent studies,
				  reports, evaluations, or other documents of the Administration;
C. Copies of notices required under
				  Regulations .03B and .05A of this chapter, including certifications of
				  publication;
D. Requests for the
				  public informational hearing;
E.
				  The attendance register;
F.
				  Documents, written statements, and other exhibits submitted at the public
				  informational hearing; and
G. The
				  recording of the public informational hearing.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.08 - Final Permit Decision - Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Following the application review and
				  comment period for a Subtitle 5 permit, and after any public informational
				  hearing on the permit application, the Administration shall issue, modify, or
				  deny the permit application.
B.
				  Notice. Written notice of the final permit decision shall be mailed to the
				  applicant and to all individuals on the interested persons list. Notice need
				  not be published.
C. Contents. The
				  notice of permit decision shall include:
(1)
				  The final decision of the Administration on the Subtitle 5 permit application,
				  with a brief description of the factual basis for the final decision;
(2) A reference to the statutes or regulation
				  under which the action is being taken;
(3) The right of a person who has a specific
				  legal right, duty, privilege, or interest different from the general public,
				  which is or may be adversely affected by the final decision, to request a
				  contested case hearing;
(4) The
				  time period within which a contested case hearing shall be requested, the
				  action a person is required to take in order to timely request a hearing, and
				  the address where a person may send the request; and
(5) The procedure for filing a motion for
				  temporary stay of the issuance of the permit pending a final decision in the
				  contested case.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.09 - Request for Contested Case Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request for a contested case hearing
				  shall be:
(1) Received within 10 business
				  days of the mailing date of the notice of final permit decision;
(2) Filed with the Administration or the
				  program which made the determination.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.10 - Determinations on Standing and Adjudicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. The appropriate program director of the
				  Administration shall review a request for a contested case hearing to determine
				  whether the:
(1) Requester has a specific
				  legal right, duty, privilege, or interest which is or may be adversely affected
				  by the permit determination, and which is different from that held by the
				  general public;
(2) Requester has
				  raised an adjudicable issue or issues which are:
(a) Reasonably related to the subject of the
				  permit; and
(b) Within the scope of
				  Subtitle 5;
(3) Request
				  was timely made.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.11 - Motion for Temporary Stay

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  request for contested case hearing may be accompanied by a motion for temporary
				  stay of the issuance of the Subtitle 5 permit pending a final decision in the
				  contested case.
B. Contents. A
				  motion filed pursuant to §A of this regulation shall contain a:
(1) Detailed description of how the criteria
				  for granting a temporary stay, as set forth in Environment Article, §
											5-506, Annotated Code of
				  Maryland, and COMAR 08.01.04.25 have been met; and
(2) Statement of points and authorities in
				  support of the motion.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.12 - Contested Case Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Conduct. Contested case hearings under this chapter shall be conducted
				  according to the procedures in COMAR 08.01.04.
B. Procedures. In the event of a conflict
				  between this chapter and COMAR 26.01.02, this chapter applies.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 02 - OCCUPATIONAL, INDUSTRIAL, AND RESIDENTIAL HAZARDS › Chapter 26.02.01 - Blood Lead Reporting › Section 26.02.01.01 - 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) "Blood lead analysis" has the meaning
				  stated in COMAR
				  10.11.04.02B.
(2) "Blood lead level test" means
				  to:
(a) Draw a blood specimen, by either
				  venous or capillary methodology, and:
(i) Send
				  the blood specimen to a medical laboratory for blood lead analysis;
				  or
(ii) Conduct a blood lead
				  analysis at a health care provider's office subject to licensing,
				  certification, and approval by the Laboratories Administration of the Maryland
				  Department of Health; or
(b) Order a blood specimen to be drawn by a
				  third-party health care provider, by either venous or capillary methodology,
				  and send it to a medical laboratory for blood lead analysis.
(3) "Department" means the
				  Maryland Department of the Environment
(4) "Health care provider" has the meaning
				  stated in COMAR
				  10.11.04.02B.
(5) "Laboratory" means a medical
				  laboratory as defined in COMAR
				  10.10.01.03B.
(6) "Local health department"
				  means the health department of the Maryland subdivision where the patient
				  resides.
(7) "Parent or guardian"
				  means an individual acting in a primary custodial capacity.
(8) "Reference level" means:
(a) 5 micrograms per deciliter; or
(b) Beginning 1 year after the date that the
				  Centers for Disease Control and Prevention revises the blood lead reference
				  level until 1 year after a subsequent revision, the revised blood lead
				  reference level as determined by the Centers for Disease Control and
				  Prevention.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 02 - OCCUPATIONAL, INDUSTRIAL, AND RESIDENTIAL HAZARDS › Chapter 26.02.01 - Blood Lead Reporting › Section 26.02.01.02 - Information to be Reported

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who
				  Shall Report. The laboratory, health care provider's office, or other facility
				  that draws a blood specimen from a child 18 years old or younger for a blood
				  lead level test shall obtain the information required by §D(1)-(5) and (8) of
				  this regulation at the time of drawing the blood specimen.
B. Time and Method for Reporting by a
				  Facility that Initially Draws a Blood Specimen.
(1) A laboratory that performs blood lead
				  analysis shall provide a referral form of paper or electronic requisition that
				  specifies the required information for use by a laboratory, a health care
				  provider's office, or another facility that draws a blood specimen.
(2) The facility that draws a blood specimen
				  shall:
(a) Record the information required
				  under §D(1)-(5) and (8) of this regulation on the laboratory's referral form or
				  similar form; and
(b) Forward the
				  required information concurrently with the blood specimen to the laboratory
				  that performs blood lead analysis.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 02 - OCCUPATIONAL, INDUSTRIAL, AND RESIDENTIAL HAZARDS › Chapter 26.02.01 - Blood Lead Reporting › Section 26.02.01.03 - Missing Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  laboratory that receives a blood specimen from a laboratory, a health care
				  provider's office, or another facility without all of the required information
				  listed in Regulation .02D(1)-(5) and (8) of this chapter included on the
				  referral form required under Regulation .02B of this chapter shall:
(1) Within 3 business days of receipt of the
				  blood specimen, send to the facility that provided the blood specimen a written
				  or electronic message citing the regulations and requirements of this chapter,
				  requesting that all the required missing information be forwarded to the
				  laboratory; and
(2) Upon receipt of
				  the required information, collate and transmit the information to the
				  Department within the time frames set forth in Regulation .04C of this
				  chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 02 - OCCUPATIONAL, INDUSTRIAL, AND RESIDENTIAL HAZARDS › Chapter 26.02.01 - Blood Lead Reporting › Section 26.02.01.04 - A Laboratory that Performs the Tests

Current through Register Vol. 51, No. 14, July 12, 2024
A. Reporting to the Department. The director
				  of a laboratory shall report to the Department the result of a blood lead level
				  test performed on a child 18 years old or younger, who resides in
				  Maryland.
B. Additional Reporting
				  Requirements.
(1) In addition to the
				  requirements of §A of this regulation, the director of a laboratory shall
				  report to the Commissioner of the Baltimore City Health Department the result
				  of a blood lead level test performed on a child 18 years old or younger, who
				  resides in Baltimore City.
(2) In
				  addition to the requirements under §§A and B(1) of this regulation, a
				  laboratory shall report the result of a blood lead level test to:
(a) The health care provider that ordered the
				  blood lead level test; and
(b)
				  Another entity as required by State, federal, or local statutes or regulations,
				  or in accordance with accepted standards of practice.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 02 - OCCUPATIONAL, INDUSTRIAL, AND RESIDENTIAL HAZARDS › Chapter 26.02.01 - Blood Lead Reporting › Section 26.02.01.05 - Reporting by the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon
				  receipt of a blood lead level test result, the Department shall report the
				  information required under Regulation .02D of this chapter and the result of a
				  blood lead level test indicating a blood lead level greater than or equal to
				  the reference level to the:
(1) Local health
				  department in the jurisdiction in which the child resides; and
(2) Maryland Department of Health.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 02 - OCCUPATIONAL, INDUSTRIAL, AND RESIDENTIAL HAZARDS › Chapter 26.02.01 - Blood Lead Reporting › Section 26.02.01.06 - Measures for Noncompliance

Current through Register Vol. 51, No. 14, July 12, 2024
A person who violates Environment Article, §
										6-303, Annotated Code of
					 Maryland, or this chapter is subject to an administrative penalty of up to $250
					 per violation, not exceeding $10,000.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 02 - OCCUPATIONAL, INDUSTRIAL, AND RESIDENTIAL HAZARDS › Chapter 26.02.03 - Control of Noise Pollution › Section 26.02.03.02 - Environmental Noise Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Precepts.
(1) It is known that noise above
				  certain levels is harmful to the health of humans. Although precise levels at
				  which all adverse health effects occur have not definitely been ascertained, it
				  is known that one's well-being can be affected by noise through loss of sleep,
				  speech interference, hearing impairment, and a variety of other psychological
				  and physiological factors. The establishment of ambient noise standards, or
				  goals, must provide margins of safety in reaching conclusions based on
				  available data which relate noise exposure to health and welfare effects, with
				  due consideration to technical and economic factors.
(2) The environmental noise standards set
				  forth here represent goals expressed in terms of equivalent A-weighted sound
				  levels which are protective of the public health and welfare. The ambient noise
				  levels shall be achieved through application, under provisions of laws or
				  regulations or otherwise, of means for reducing noise levels including, but not
				  limited to, isolation of noise producing equipment, dampening of sound waves by
				  insulation, equipment modification and redesign, and land use
				  management.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 02 - OCCUPATIONAL, INDUSTRIAL, AND RESIDENTIAL HAZARDS › Chapter 26.02.03 - Control of Noise Pollution › Section 26.02.03.03 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024