reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.03 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. These regulations establish a State Travel Management Program, under the jurisdiction of the Secretary, Budget and Management, to help ensure fairness in the application and administration of travel expense reimbursement and to reduce and control the State's costs related to travel.
B. An employee traveling on official business is expected to exercise the same care incurring expenses as would a prudent person traveling for personal reasons. Travel for business should be conducted at a minimum cost for achieving the success of the mission. Travelers shall request reservations as far in advance as possible and shall utilize the lowest logical air/rail fares available. Subject to approval by the unit head, use of business class is allowable when traveling to destinations outside North America, the Caribbean Islands, and the Hawaiian Islands. Travel in first class is not allowable unless documented evidence clearly indicates the travel is in the best interest of the State. An employee may accept promotional awards if they are obtained under the same conditions as those offered to the general public, provided that participation in such programs results in no additional cost to the State. An employee who receives compensation for being bumped from a flight while on travel status shall remit that compensation to the State. Baltimore/Washington International Thurgood Marshall Airport, as the State's preferred airport, should be used whenever convenient and cost effective.
C. State facilities shall be used for in-State meetings whenever available, unless the use of outside facilities is more cost effective, or the agency head certifies that the outside facility is more appropriate to completing the business mission.
D. The Secretary shall establish reimbursement rates, subject to the approval of the Board of Public Works. Expenditures for official travel may be considered as reimbursable only if incurred in accordance with these regulations. The Department shall make reimbursement rates available online wherever practicable.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.04 - Travel Management Office

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State Travel Management Office is established in the Department of Budget and Management to administer the State Travel Management Program.
B. The State travel manager shall:
(1) Oversee the operations of the Travel Management Office;
(2) Monitor contractor performance and unit compliance; and
(3) Work with State units to ensure the effective and efficient operation of the Travel Management Program.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.05 - Unit Heads

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unit heads shall:
(1) Be responsible for ensuring compliance with this chapter by providing adequate internal control over employee travel;
(2) Designate an existing employee or employees to serve in a subsidiary capacity as an agency travel coordinator or coordinators within their organization for the purpose of monitoring employee compliance with these regulations and performing other duties listed in Regulation .06.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.06 - State Agency Travel Coordinators

Current through Register Vol. 51, No. 14, July 12, 2024
The agency travel coordinators shall be responsible for:
A. Monitoring employee compliance in accordance with this chapter;
B. Providing assistance to employees concerning questions and problems with travel;
C. Serving as liaison with the Department's Travel Management Office and the travel and credit service contractors.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.07 - Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall be responsible for the:
A. Development and promulgation of the regulations in this chapter, including travel reimbursement rates, with the approval of the Board;
B. Procurement of travel and credit service contracts and rate agreements;
C. Development and administration of travel and credit service contracts and rate agreements;
D. Program monitoring, evaluation, and guidance;
E. Liaison with State units to ensure the effective and efficient operation of the travel management program and compliance with this chapter. This shall include resolving problems and complaints of the units and travel and credit service contractors and providing educational material to agency travel coordinators and employees.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.08 - Travel Services Contractor

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may contract with travel service providers, or with a single provider, to acquire travel services for State employees traveling on official business.
B. Upon written notification of the Secretary to the unit head, employees shall book all airline, railway, and ship travel, all car rentals, and all lodging reservations through the State travel service contractor, except under the following circumstances:
(1) An unusual situation makes it impractical or impossible to use the services of the State travel services contractor;
(2) The State travel services contractor does not serve the area where the employee is located;
(3) Travel arrangements are to be made for the employee by the organizer of a planned conference, convention, or seminar in order to obtain special discounts not available through the travel services contractor.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.09 - Air Travel Accident Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
Air travel insurance is provided through the State Treasurer's Office. Beneficiaries are those designated with the Maryland State Retirement and Pension System. Questions concerning policy coverage or the designation of beneficiaries shall be directed to the State Treasurer's Office.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.10 - Travel Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
A. In-State Business Travel. Subject to appropriated funds, routine business travel may be authorized in accordance with appropriate internal approval procedures of the unit responsible for the official State business.
B. Out-of-State or Out-of-Country Business Travel. Subject to appropriated funds, a unit head or designee may authorize out-of-State and out-of-country travel for official business. Requests for authorization shall be submitted on the Comptroller of the Treasury's GAD Form X-3A, "Individual Request for Out-of-State Travel."
C. Conventions, Conferences, Seminars, or Training Travel.
(1) Subject to appropriated funds, a unit head or designee may authorize in-State travel to conventions, conferences, seminars, or training in accordance with appropriate internal approval procedures. A unit head or designee may authorize out-of-State travel for these purposes using the Comptroller of the Treasury's GAD Form X-3A, "Individual Request for Out-of-State Travel."
(2) Requests for authorization to travel out-of-country to conventions, conferences, seminars or training shall be submitted to the Secretary for approval.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.11 - Travel Payment and Reimbursement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each employee's reimbursement request shall include:
(1) The Comptroller of the Treasury's GAD Form X-3A, "Individual Request for Out-of-State Travel," in accordance with Regulation .10 of this chapter;
(2) The Comptroller of the Treasury's GAD Form X-5, "State of Maryland Expense Account";
(3) Itemized receipted bills and such other supporting documentation of expenses as may be required by the Comptroller.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.12 - Reimbursable Expenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The State shall reimburse employees for authorized necessary travel and related expenses incurred by the employee. The State may not reimburse an employee for transportation, lodging, meal expense, or any other costs incurred by a spouse, child, or other person not essential to the business mission, who accompanies the employee on an official business trip. For reimbursement of travel expenses, including meals and expenses other than authorized tips, employees must provide receipts.
B. Taxi, Bus, and Airport Limousine. Taxi, bus, shuttle, and airport limousine fares incurred while on travel status are reimbursable when traveling to and from the airport, train station, or bus station, or when otherwise incurred while conducting official business. Employees may be reimbursed for tips for taxis, buses, shuttles, and airport limousines at rates and limits established by the Secretary. Employees shall use the mode of public transportation that results in the lowest logical cost to the State.
C. Rental Cars.
(1) Subject to approval by the unit head or designee, employees may rent cars while on travel status when other means of transportation are unavailable, more costly, or impractical. The lowest cost vehicle necessary to achieve the traveler's mission shall be reserved. Upon written notification to the unit head, all car rental reservations shall be made through the State travel services contractor, except as provided in Regulation .08B, of this chapter.
(2) In addition to the cost of the rental, the employee shall be reimbursed for necessary and reasonable expenses incurred for the following items:
(a) Gasoline, oil, and emergency repairs;
(b) Parking;
(c) Toll charges.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.03 - Public Improvements Project Review › Section 23.02.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, this chapter applies to all projects for the construction, maintenance, or repair of any building, structure, or other public work:
(1) Owned or constructed by the State or any unit of the State government, including the University of Maryland; or
(2) Acquired or constructed in whole or in part with State funds.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.03 - Public Improvements Project Review › Section 23.02.03.02 - Power to Exempt

Current through Register Vol. 51, No. 14, July 12, 2024
The Board of Public Works may exempt specific projects for the construction, maintenance, or repair of any building, structure, or other public work by a unit of State government from the provisions of the State Finance and Procurement Article, Title 4, Subtitle 4, Annotated Code of Maryland, pursuant to the procedures set forth in Regulation .03 of this chapter.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.03 - Public Improvements Project Review › Section 23.02.03.03 - Exemption Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for Exemption. A unit may request the Board of Public Works to exempt a specific project under Regulation .02, of this chapter, by filing an application with the Secretary to the Board.
B. Contents of Application. The application shall be in writing and shall include:
(1) The identity of the applicant and of the building, structure, or other public work that is the subject of the project;
(2) A description of the project and its purpose; and
(3) The reason why the exemption is sought.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of this chapter is to advance the best interest of the State with respect to State tidal wetlands, including preserving the rights of riparian owners.
B. The State holds State tidal wetlands in both a proprietary capacity and in sovereign trust for the benefit of the people of Maryland. In determining whether to issue a State tidal wetlands license, the Board of Public Works has the same discretion that any owner has in deciding whether to grant to another an interest in the owner's property.
C. In applying this chapter to determine whether issuing a State tidal wetland's license is in the State's best interest, it is the public policy of the State, taking into account varying ecological, economic, developmental, recreational, and aesthetic values, to preserve the wetlands and prevent their despoliation and destruction.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter sets forth the procedures of the Board of Public Works for the licensing of all dredging, filling, or altering of State tidal wetlands. This includes the construction, reconstruction, or repair of structures, or of nonstructural shoreline stabilization measures, on State tidal wetlands.
B. A license issued under this chapter does not convey ownership of lands or the affected air space, or diminish the full and free use and enjoyment by the public of the tidal waters of the State.
C. This chapter does not change the title to submerged lands conveyed to private owners by the State or its predecessors.
D. This chapter does not set forth the complete range of Board of Public Works' fiduciary and proprietary responsibilities relating to private uses of State wetlands. The Board of Public Works may, among other things, address these matters through easement, lease, deed, or other instrument to protect the State's interests or to convey an interest in State wetlands.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.04 - License Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not conduct the following activities over, on, in, or under State tidal wetlands without a license except as provided for in §E of this regulation:
(1) Dredging;
(2) Filling;
(3) Constructing, reconstructing, repairing, or altering structures, trestles, conduits, cables, pipelines, intake or discharge pipes, or similar devices or apparatuses;
(4) Constructing a shore erosion control project, including a living shoreline; or
(5) Otherwise altering State tidal wetlands.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.06 - Types of Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. General License.
(1) A general license is an authorization for the activities identified in Regulation .05A of this chapter involving State tidal wetlands.
(2) To obtain a general license, a person shall apply to the Department in accordance with the procedures in COMAR 26.24.02.04.
(3) The Department:
(a) Shall, within 45 days of receipt of an application, notify the applicant whether the application is complete and the wetland delineation is correct; and
(b) May extend, upon written notice to the applicant, the deadline if the following extenuating circumstances prevent consideration of the application:
(i) Inclement weather conditions;
(ii) Review is required by federal, State, or local government agencies; or
(iii) The applicant requests extension.
(4) The Department:
(a) Shall grant, deny, or condition the general license within 45 days of receiving a complete application; and
(b) May extend, upon written notice to the applicant, the deadline 30 days for the following extenuating circumstances:
(i) Review is required by federal, State, or local government agencies; or
(ii) The applicant requests extension.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.07 - Nonwater-Dependent Projects on a Pier

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation does not apply to nonwater-dependent projects located on State tidal wetlands in Prince George's County.
B. The Board may issue an individual license authorizing a nonwater-dependent project on a pier if:
(1) The project is on a pier constructed on or after January 1, 2013, and meets the following criteria:
(a) Involves a commercial activity that is permitted as a secondary or accessory use to a permitted primary commercial use;
(b) The pier is not attached to residential, institutional, or industrial property;
(c) Avoids and minimizes impacts to State tidal wetlands and other aquatic resources;
(d) Is located in either:
(i) An intensely developed area, where the project is authorized under the local jurisdiction's Critical Area program by a program amendment on or after July 1, 2013; or
(ii) An area that has been excluded from a local Critical Area program if the exclusion has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;
(e) Is approved by the local planning and zoning authority;
(f) Allows or enhances public access to State tidal wetlands;
(g) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;
(h) Has a height of up to 18 feet unless the project is located at a marina and the Secretary recommends additional height;
(i) Is up to 1,000 square feet in total area;
(j) Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, a leased aquaculture site, or an area with rare, threatened, or endangered species or species in need of conservation; and
(k) Does not adversely impact a fish spawning or nursery area or a historic waterfowl staging and concentration area;
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.08 - Department's Report and Recommendation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall submit a written Report and Recommendation for each application for an individual license to the Administrator that includes the following:
(1) Name and complete contact information for the applicant, and its agent, if any;
(2) Location of the project including the name of the impacted waterbody;
(3) Whether the license should be granted;
(4) Any conditions under which the license should be granted;
(5) Information compiled during site visits, if any;
(6) Whether a public informational hearing was required, when it was held, a summary of the public informational hearing, and copies of any documents submitted to the Department;
(7) A statement where applicable, that the Department has coordinated review of the application with the Department of Natural Resources, the Maryland Historical Trust, and the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;
(8) Comments submitted by the public or State, federal, or local agencies;
(9) List of interested persons;
(10) For trenchless technology projects:
(a) Design plans and justification for the bore depth; and
(b) If the trenchless technology project involves a bore greater than 12 inches in diameter, the design plans shall be signed, sealed and dated by a professional engineer licensed in the State of Maryland under Business Occupations and Professions Article, § 14301, Annotated Code of Maryland, who prepared or approved the design plans;
(11) For any recommendation to authorize improvements to protect a person's property against erosion using any measures other than a nonstructural shoreline stabilization measure, such as a living shoreline, an explanation of why the Department granted a waiver under Environment Article, §
										16-201(c), Annotated Code of Maryland; and
(12) For projects that propose removal of submerged aquatic vegetation, an explanation as to why impacts to that vegetation cannot be avoided.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.09 - Board Action on Applications for Individual Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall grant or conditionally grant, or deny, an individual license upon determining if issuance of the license is:
(1) Sufficient to the attainment of riparian rights; and
(2) Reasonable in accordance with the best interests of the State.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.10 - Terms and Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A. All conditions take effect upon license issuance, unless specifically stated otherwise.
B. Standard Conditions.
(1) A State tidal wetlands license shall carry standard conditions.
(2) The Board shall approve a template for licenses, including standard terms and conditions, and publish the template on its website.
(3) The Department and the Administrator may recommend to the Board revisions to the license template.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.11 - Mitigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department or the Administrator may recommend:
(1) Mitigation designed to replace the values and functions associated with the wetlands to be impacted as set forth in this regulation and COMAR 26.24.05.01; or
(2) When mitigation is not feasible, monetary compensation in lieu of mitigation.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.12 - Compensation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for any license issued to a governmental unit, the Board may require as a license condition that the licensee pay compensation to the State in an amount the Board deems appropriate for the following activities:
(1) Filling to make upland;
(2) Dredging or severance of material unrelated to navigational need; or
(3) Similar nonriparian use.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.13 - Individual License Issuance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon the Board's favorable action, the Administrator shall:
(1) Prepare the individual license in accordance with the Board's action;
(2) Transmit the license to the applicant for signature; and
(3) Advise the applicant in writing to sign and return the license to the Administrator, indicating acceptance of the terms and conditions.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.14 - License Expiration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Duration.
(1) A general license issued by the Department expires after 3 years, unless extended under Regulation .15 of this chapter.
(2) An individual license expires after 3 years unless:
(a) The Board authorizes a longer initial period for an individual license; or
(b) The license is extended under Regulation .15 of this chapter.
(3) Licenses authorizing periodic maintenance dredging are valid for a maximum period of 6 years.
(4) An emergency license has a period not to exceed the amount of time necessary to abate or mitigate the emergency.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.15 - License Extension

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may extend a general license if the licensed activity remains an activity listed in Regulation .05A of this chapter.
B. The Administrator may extend an individual or an emergency license upon receipt of the licensee's request under §E of this regulation and a favorable written recommendation by the Department, except for the following licenses:
(1) A license for maintenance dredging under Regulation .14A(3) of this chapter; or
(2) Individual licenses for which the Board granted a longer initial period under Regulation .14A(2)(a) of this chapter.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.16 - License Modification

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee or the Department may request in writing that the description of the authorized structure or activity or the conditions of an individual or emergency license be modified and shall state the reason for the request.
B. The Administrator may modify an individual or emergency license if the Department provides a favorable written recommendation and:
(1) The modification is minor; or
(2) The Department determines that the structure or activity or the license conditions require modification to correct adverse environmental impacts.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.17 - License Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administrator may transfer a license upon receipt of a written request, with supporting documentation, from the new riparian landowner, the licensee's successor in interest, or the new holder of the riparian rights.
B. The Administrator shall mail the new license to the licensee for signature.
C. Upon receipt of the signed license, the Administrator shall sign and promptly transmit a copy of the fully signed license to the licensee and the Department.
D. Terms and conditions of the transferred license remain the same as the original license.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.18 - License Suspension or Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board or its designee may suspend or permanently revoke a license when the action is considered to be in the State's interest, after consulting with the Administrator and the Department.
B. Grounds for suspension or revocation include:
(1) Violation of:
(a) Environment Article, Title 16, Annotated Code of Maryland;
(b) COMAR 26.24; or
(c) This chapter;
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.04 - State Tidal Wetlands Licensing Procedures › Section 23.02.04.19 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administrator shall promptly notify, by certified mail, the applicant and all other interested persons who provided written or oral comments to the Board of the Board's action to grant, deny, modify, suspend, or revoke a license.
B. Within 30 days after receiving the Board's decision, any person with standing may petition the circuit court in the county where the land is located.
C. A person has standing to file a petition under §B of this regulation if the person:
(1) Meets the threshold standing requirements under federal law; and
(2) Is the applicant or participated in the public process through the submission of written or oral comments, unless an opportunity for public participation was not provided.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.05 - Pictures of Abducted Children › Section 23.02.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Agency" means the Department of General Services, the Department of Transportation, or the University System of Maryland.
(2) "Center" means the Maryland Center for Missing Children, a unit of the Criminal Intelligence Division of the Department of State Police.
(3) Facility.
(a) "Facility" means any single building or group of buildings in the same location under the control of or managed by an agency.
(b) "Facility" includes an office complex and an educational campus.
(4) "Superintendent" means the chief of operations of a facility or the designee of the chief of operations.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.05 - Pictures of Abducted Children › Section 23.02.05.02 - Posting of Pictures in Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each superintendent shall designate which building or buildings within a facility are appropriate for the display of pictures of missing children.
B. In each designated building, the superintendent shall allocate space for the display of pictures of missing children.
C. In the space allocated under §B of this regulation, the superintendent shall display the pictures of children abducted in non-custody-related abductions, which the Center submits for display.
D. The superintendent may control the size and manner of a display, including the number of pictures and the length of time for which the pictures are to be displayed.
E. In making a determination under A-----D of this regulation, the superintendent may consider, at the superintendent's absolute discretion:
(1) The needs of the agency;
(2) The amount of pedestrian traffic;
(3) The facility's resources; and
(4) Any other factor reasonably related to the determination.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.05 - Pictures of Abducted Children › Section 23.02.05.03 - Duties of the Center

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Center is the central clearinghouse for distribution of pictures to facilities for display.
B. The Center shall:
(1) Determine which pictures of children abducted in non-custody-related abductions should be submitted for display;
(2) Distribute current pictures to superintendents for display; and
(3) Notify superintendents when a picture should no longer be displayed.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 03 - PUBLIC SCHOOL CONSTRUCTION › Chapter 23.03.02 - Administration of the Public School Construction Program › Section 23.03.02.24-1 - Assumption of State Debt, Capital Lease Financing Balances, and Disposition Proceeds

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set forth procedures for filing requests with the Department of Business and Economic Development (Department) for the inspection or copying of records of the Department under State Government Article, §§
									10-611 -10-628, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the Department's records when access is allowed by law.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means State Government Article, §§
										10-611 -10-628, Annotated Code of Maryland.
(2) "Custodian" means the head of a Department organizational unit having personal custody and control of the public record that is the subject of a request under the Act.
(3) "Department" means the Department of Business and Economic Development, and any of the agencies, boards, commissions, corporations, authorities, trusts, divisions, or offices included within the Department of Business and Economic Development under Economic Development Article, §
										2-117, Annotated Code of Maryland.
(4) "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.
(5) "Person in interest" means a person or governmental unit that is the subject of a public record, or an authorized designee of the person or governmental unit, or, if the person has a legal disability, a parent or legal representative of the person.
(6) Public Record.
(a) "Public record" means the original or any copy of any documentary material, regardless of physical form or characteristics, made or received by the Department in connection with the transaction of public business.
(b) "Public record" includes a document that contains the salary of an official or employee of the Department.
(7) "Requester" means a person or governmental unit requesting access to public records under the Act.
(8) "Secretary" means the Secretary of Business and Economic Development or the Secretary's designee.
(9) "Working day" means a day other than Saturday, Sunday, or a State holiday.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.03 - Requests to Inspect or Copy

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person or governmental unit may request access to inspect or copy public records of the Department.
B. A requester shall direct the request to the custodian. If the custodian is not known, the requester may direct the request to the official custodian.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.04 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The custodian may make public records available for inspection or copying, or both, to a requester without a written request.
B. Written requests are required when the custodian reasonably believes that:
(1) A written application will facilitate the Department in responding to the request; or
(2) The Act or any other law may prohibit disclosure of the public record or parts of it.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.05 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall:
A. Contain the requester's name and address;
B. Reasonably identify the public record sought; and
C. Be signed by the requester.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.06 - Response to Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a requested public record is not in the custody or control of the person to whom written request is made, that person shall:
(1) Notify the requester within 10 working days of the receipt of the request;
(2) Relate to the requester the identity or the location of the custodian, if known; and
(3) Forward the request to the known custodian.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.07 - Notification of Persons in Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. The custodian, unless prohibited by law, may notify a person in interest who is the subject of a public record that a request for inspection or copying of that record has been received.
B. In determining whether to notify the person in interest of the pending request, the custodian shall take into account any request from the person in interest, submitted simultaneously with information submitted to the Department, that the information not be disclosed without consultation between the custodian and the person in interest.
C. The custodian may consider the views of the person in interest before deciding whether to disclose the record.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.07-1 - Sociological Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition. For purposes of this regulation, "sociological information" means any of the following information requested from the Department:
(1) Social Security number;
(2) Personal address;
(3) Personal phone number;
(4) Information regarding marital status, dependents, or relatives; and
(5) Information regarding employment status, including employment application.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.08 - 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 to whom the request is made shall notify the requester of this fact within 30 days of receipt of the request. The custodian shall explain in the response the reasons why the record cannot be produced.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.09 - Records Temporarily Unavailable

Current through Register Vol. 51, No. 14, July 12, 2024
If the requested record is temporarily unavailable, the custodian shall notify the requester of this fact within 30 days of receipt of the request, and shall explain in the response the reason why the record is temporarily unavailable and relate the date on which the record is expected to become available.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.10 - Review of a Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian denies a written request for a reason other than that the record is temporarily unavailable, the requester may, within 30 days after receipt of a notice of denial, request an administrative hearing.
B. If the requester requests a hearing, the hearing shall be conducted by an administrative law judge within the Office of Administrative Hearings. After the hearing, the administrative law judge shall prepare a recommended decision which shall be submitted to the Secretary. The Secretary shall issue the Department's final decision.
C. If the administrative hearing results in a total or partial denial of the written request, the requester may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.
D. The requester may file an action for judicial enforcement under State Government Article, §10-623, without exhausting the administrative remedy set forth in this regulation.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.11 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
If, in the opinion of the Secretary, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary 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 the Secretary to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the requester in the same manner provided for service of process by the Maryland Rules of Procedure.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.12 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may charge reasonable fees in accordance with the following fee schedule:
(1) Copies. The fee for each copy is 20 cents per page when reproduction can be made by a photocopying machine within the Department. When records are not reasonably amenable to photocopying, the fee for reproducing the record shall be based on the actual cost of reproduction.
(2) Certification of Copies. When a person requests that a copy of a record be certified as a true copy of the original public record, an additional cost of $1 per page shall be charged.
(3) Searching or Record Preparation. There is no charge for the first 2 hours needed to search for a public record and prepare it for inspection. The Department may charge $20 per hour for any additional time required to search for or prepare public records for inspection or copying.
(4) A charge may not be made when the amount of the fee is less than $2.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.13 - Time of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A requester may inspect a public record to which access is granted during the normal working hours of the Department.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.01 - Public Information Requests › Section 24.01.01.14 - 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 determines that another place of inspection is more suitable.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.02 - Petitions for Adoption of Regulations › Section 24.01.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter is promulgated pursuant to State Government Article, §
									10-122, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Department of Business and Economic Development for the adoption of regulations.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.02 - Petitions for Adoption of Regulations › Section 24.01.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of Business and Economic Development.
(2) "Secretary" means the Secretary of Business and Economic Development or the Secretary's designee.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.02 - Petitions for Adoption of Regulations › Section 24.01.02.03 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition with the Secretary requesting the promulgation, amendment, or repeal of any regulation.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.02 - Petitions for Adoption of Regulations › Section 24.01.02.04 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall:
A. Be in writing; and
B. Contain:
(1) A clear and concise statement of the regulation, amendment, or repeal which is sought;
(2) A statement of reasons in support of the proposed regulation change; and
(3) The name, address, and telephone number of the petitioner.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.02 - Petitions for Adoption of Regulations › Section 24.01.02.05 - Petition Filed

Current through Register Vol. 51, No. 14, July 12, 2024
A. The petition shall be filed with the Secretary for consideration and disposition.
B. The time period for response to a petition begins when the petition is received by the Secretary.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.02 - Petitions for Adoption of Regulations › Section 24.01.02.06 - Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
Within 60 days after receipt of the petition, the Secretary shall either:
A. Deny the petition in writing, stating the reasons for the denial; or
B. Initiate the procedures for adoption of a regulation.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.02 - Petitions for Adoption of Regulations › Section 24.01.02.07 - Agency File

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall maintain a file of all petitions submitted and the responses.
B. This file shall be available for public inspection to the extent permitted by law.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.03 - Petition for Declaratory Rulings › Section 24.01.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter is promulgated pursuant to State Government Article, §
									10-304, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Department of Business and Economic Development for a declaratory ruling.
Code of Maryland Regulations › Title 24 - DEPARTMENT OF COMMERCE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 24.01.03 - Petition for Declaratory Rulings › Section 24.01.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of Business and Economic Development.
(2) "Secretary" means the Secretary of Business and Economic Development or the Secretary's designee.