reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.02 - Criteria for Certification › Section 19A.06.02.04 - Features of the Trust

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be
				certified as a blind trust pursuant to this subtitle, a trust shall be
				established by a trust instrument containing the provisions in §§B-H of this
				regulation.
B. The trustee shall
				have absolute discretion and authority to manage and control the trust assets,
				including the authority to purchase and sell trust holdings.
C. An interested party may not have the
				ability to learn of the assets of the trust or the actions of the trustee, and
				may not receive reports on the assets or income except those necessary (without
				identifying any particular asset or holding) for filing personal income tax
				returns.
D. Tax returns of the
				trust shall be prepared and filed by the trustee and may not be available to
				any interested party.
E. There may
				not be direct or indirect communication between the trustee and any interested
				party except directions regarding the disposition of income or general
				decisions regarding the approach of the trust as a short-term income or
				long-term growth approach. Any permitted communications shall be in writing,
				with copies provided to the Commission.
F. An interested party may not seek to obtain
				information regarding the trust or its assets.
G. Securities may not be purchased that would
				result in the holdings in any entity exceeding 20 percent of the total trust
				assets, or any industry or economic sector exceeding 30 percent of the total
				trust assets, except when the particular holdings present no conflict of
				interest under State Government Article, Title 15, Annotated Code of
				Maryland.
H. The trust instrument
				shall provide for termination of the trust at the earliest of the following:
(1) Upon termination of the official's or
				employee's State service;
(2) In
				case of the official's or employee's death or incompetence;
(3) Upon revocation of trust certification by
				the Commission pursuant to COMAR 19A.06.03.04R; or
(4) For cause at the request of the official
				or employee and with the prior approval of the Commission.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.03 - Procedural Requirements › Section 19A.06.03.01 - Compliance with Procedural Requirements for Certified Blind Trusts

Current through Register Vol. 51, No. 14, July 12, 2024
For a trust to receive and retain certification as a
				  certified blind trust in accordance with this subtitle, the trust shall be
				  presented for certification in accordance with the procedures set forth in
				  Regulations .02-----.06 of this chapter. Interested parties and the trustee
				  shall comply with the continuing monitoring and compliance requirements of this
				  chapter.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.03 - Procedural Requirements › Section 19A.06.03.02 - Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request for
				certification of a blind trust shall be in writing addressed to the
				Commission.
B. Before a trust can
				be certified, each proposed trust document and proposed trustee shall be
				approved by the Commission.
C.
				Appropriate documentation to establish the independence of the trustee shall be
				provided to the Commission with the request for certification, on an executed
				Certificate of Independence form to be established by the Commission.
D. A trust shall be certified in writing by
				the Commission based upon a determination that:
(1) The trust is in compliance with the
				provisions of this subtitle;
(2)
				The trust meets the statutory criteria of State Government Article, 15-501 and
				15-502, Annotated Code of Maryland; and
(3) Reliance on the trust by the official or
				employee is not contrary to the purposes of State Government Article, Title 15,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.03 - Procedural Requirements › Section 19A.06.03.03 - Trust Implementation and Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30 days after certification of a
				trust by the Commission, the official or employee shall file with the
				Commission a:
(1) Certified copy of the
				executed trust instrument of the trust; and
(2) List of the holdings transferred to the
				trust with the value of each as of the date of transfer.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.03 - Procedural Requirements › Section 19A.06.03.04 - Revocation of Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Commission shall maintain a continued assessment of the appropriateness of any
				approval of a trustee or certification of a trust. If, based on information
				obtained in review of records or from any other source, the Commission has
				reason to believe that continued approval or certification is no longer
				appropriate, it shall provide notice to the official or employee of the
				intention to revoke the approval or certification, and provide the official or
				employee an opportunity to be heard by the Commission in informal procedures
				consistent with the Commission's advisory opinion process as set forth in COMAR
				19A.01.02.
B. Failure by any
				interested party or the trustee to comply with the provisions of these
				regulations or State Government Article, Title 15, Annotated Code of Maryland,
				if related to the trust, shall result in revocation of the certification and
				make the official or employee subject to any appropriate enforcement or other
				action for violation of the provisions of State Government Article, Title 15,
				Annotated Code of Maryland, from the point in time where the failure to comply
				occurred.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.03 - Procedural Requirements › Section 19A.06.03.05 - Termination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 60 days
				of termination of a trust for any reason as set forth in COMAR 19A.06.02.04H
				the official or employee shall file a public financial disclosure statement in
				accordance with the provisions of General Provisions Article, §
									5-607, Annotated
				Code of Maryland, disclosing the assets of the trust as of the date of
				termination.
B. An exception
				allowed from the participation and interest prohibitions of State Government
				Article, 15-501 and 15-502, Annotated Code of Maryland, becomes void and of no
				effect when a trust is terminated for any reason.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 06 - BLIND TRUSTS › Chapter 19A.06.03 - Procedural Requirements › Section 19A.06.03.06 - Change of Trustee

Current through Register Vol. 51, No. 14, July 12, 2024
A. During the
				existence of a blind trust certified in accordance with this chapter, the
				official or employee may propose a substitute or successor trustee.
B. The request for certification of a
				substitute or successor trustee shall be in writing and include all appropriate
				documentation and information as required by Regulation .02 of this
				chapter.
C. The Commission shall
				approve a substitute or successor trustee:
(1) As set forth in Regulation .02D of this
				chapter; and
(2) Consistent with
				the substantive requirements for trustees set forth in COMAR
				19A.06.02.03G.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.01 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				activities are exempt from regulation under this chapter:
(1) Appearances as part of the official
				duties of an elected or appointed official or employee of the State, a
				political subdivision of the State, or the United States, to the extent that
				the appearance is not on behalf of another entity;
(2) Actions of a member of the news media, to
				the extent the actions are in the ordinary course of gathering and
				disseminating news or making editorial comment to the general public;
(3) Representation of a bona fide religious
				organization to the extent the representation is for the purpose of protecting
				the right of its members to practice the doctrine of the
				organization;
(4) Appearances as
				part of the official duties of an officer, director, member, or employee of an
				association engaged exclusively in representing counties or municipal
				corporations, to the extent that the appearance is not on behalf of another
				entity;
(5) Actions as part of the
				official duties of a trustee, an administrator, or a faculty member of a
				nonprofit independent college or university in the State, if the official
				duties of the individual do not consist primarily of attempting to influence
				legislative action or executive action; and
(6) Activities by attorneys who are not
				employed by an organized bar as regulated lobbyists, in the course of serving
				as an officer, committee or section chair, or representative designated to
				represent a section, committee, or an organized bar at large, including:
(a) Testimony before either the Senate or the
				House of Delegates;
(b) Testimony
				before a committee or subcommittee of the Senate or the House of
				Delegates;
(c) Communication with
				an official or employee of the Legislative Branch or Executive Branch in the
				presence of that official or employee; or
(d) Communication with an official or
				employee of the Legislative Branch or Executive Branch not in the presence of
				that official or employee.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.02 - Registration Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. Persons
				engaged in the following activities shall register with the Ethics Commission
				and are regulated lobbyists for the purposes of this chapter:
(1) Attempting to influence legislative
				action, or executive action related to the development or adoption of
				regulations or the development or issuance of an executive order by:
(a) Communicating with an official or
				employee of the Legislative Branch or Executive Branch in the presence of that
				official or employee; and
(b)
				Exclusive of the personal travel or subsistence expenses of the entity or a
				representative of the entity, incurring expenses of at least $500, calculated
				per employer, or earning at least $2,500, from all employers cumulatively, as
				compensation for the communication, and activities relating to the
				communication, during the reporting period;
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.03 - Authority to Lobby

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				regulated lobbyist engaged by an entity for the purpose of lobbying shall
				certify under oath or affirmation that the regulated lobbyist is authorized to
				engage in lobbying for the entity.
B. The certification of authorization to act under§A of this
				regulation shall include:
(1) The full legal
				name and business address of the entity;
(2) The name, contact information and the official title of the
				representative of the entity who authorized the regulated lobbyist to engage in
				lobbying for the entity;
(3) The
				full legal name and business address of the regulated lobbyist;
(4) Subject to subsequent modification, the
				period during which the regulated lobbyist is authorized to act; and
(5) The proposal or subject on which the
				regulated lobbyist represents the entity.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.04 - Registration with Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				regulated lobbyist shall register with the Ethics Commission:
(1) Separately for each employer that has
				engaged the regulated lobbyist for lobbying purposes; and
(2) Using the electronic registration system
				provided by the Ethics Commission.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.05 - Registration - Lobbyists Serving on Boards and Commissions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this
				regulation, if a regulated lobbyist becomes an official or State employee, the
				regulated lobbyist shall immediately terminate the registration in accordance
				with Regulation .04F of this chapter.
B. Section A of this regulation does not
				apply to a regulated lobbyist who becomes a public official solely by the
				regulated lobbyist's appointment to a board or commission subject to the
				jurisdiction of the Ethics Commission.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.06 - Lobbyist Disclosure - Boards and Commissions

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the time a regulated lobbyist is
				appointed to serve on a board or commission subject to the jurisdiction of the
				Ethics Commission, or at the time a board or commission member becomes subject
				to the lobbying regulations, the regulated lobbyist shall file a report:
(1) Within 5 calendar days of the dual status
				measured from later of:
(a) The date of
				registration as a lobbyist;
(b) The
				date of oath of office as a member of the board or commission; or
(c) If no oath of office is required, the
				date of official notification of appointment by the appointing
				authority;
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.07 - Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Lobbying
				Activity Reporting Requirements.
(1) Activity
				Reports Required.
(a) A regulated lobbyist
				shall file with the Ethics Commission a separate report for each registration
				disclosing the regulated lobbyist's lobbying activities.
(b) A regulated lobbyist who has no lobbying
				activity related to an employer specified on a registration during a reporting
				period shall file a report with the Commission disclosing the lack of
				activity.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.08 - Meals or Beverages - Executive Branch Activity

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each regulated lobbyist shall file a
				separate report disclosing the name of any State official of the Executive
				Branch or member of the immediate family of a State official of the Executive
				Branch who has benefited during the reporting period from gifts of meals or
				beverages provided by the regulated lobbyist, whether or not in connection with
				lobbying activities.
B. Gifts
				reported by name of recipient under Regulation .07B(2)(i) of this chapter need
				not be included on this report.
C.
				The report shall be:
(1) Filed electronically
				at the time and in the manner for reports filed under Regulation .07A of this
				chapter,
(2) Filed by May 31 of
				each year, to cover the period from November 1 of the previous year through
				April 30 of the current year; and
(3) Filed by November 30 of each year, to
				cover the period from May 1 through October 31 of that
				year.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.09 - Business Transactions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Applicability.
(1) This regulation applies to
				an individual regulated lobbyist who lobbies the Executive or Legislative
				Branch.
(2) This regulation does
				not apply to an entity that employs an individual regulated
				lobbyist.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.10 - Contributions for Benefit of Certain Officials or Candidates

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual regulated lobbyist shall
				file with the Commission a separate report disclosing any political
				contributions made:
(1) Directly or
				indirectly by the individual regulated lobbyist;
(2) During the reporting period;
(3) Under Election Law Article, Annotated
				Code of Maryland; and
(4) For the
				benefit of the Governor, Lieutenant Governor, Attorney General, Comptroller, a
				member of the General Assembly, or a candidate for election to any of those
				offices.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.11 - Legislative Unit Meal or Reception; Registration Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. Legislative Unit Registration Requirement.
				A regulated lobbyist who invites all members of a legislative unit to a meal or
				reception shall, at least 5 days before the date of the meal or reception:
(1) Extend a written invitation to all
				members of the legislative unit;
(2) Register each meal or reception with the
				Department of Legislative Services by submitting a notice of invitation
				electronically to the Ethics Commission; and
(3) Include in the notice of invitation the:
(a) Date and location of the meal or
				reception; and
(b) Legislative unit
				invited.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.12 - Filing and Public Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Electronic Filing.
(1) With the exception of
				the statement of recusal under Regulation .06C of this chapter, the reports
				required by this chapter shall be filed electronically, and the oath shall be
				made by an electronic signature made expressly under the penalties for perjury
				in the report . The electronically signed reports are subject to the same
				penalties for perjury as those made under an oath or affirmation before an
				individual authorized to administer oaths.
(2) With the exception of the registration
				under Regulation .04 of this chapter, which is not considered filed until
				approved by the Ethics Commission and payment is received by the Ethics
				Commission, electronic documents are considered filed when the complete and
				accurate document is submitted electronically.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.13 - Gifts to Family Members

Current through Register Vol. 51, No. 14, July 12, 2024
A regulated lobbyist need not disclose on any report required
				  by this chapter any gift to a member of the regulated lobbyist's immediate
				  family, if the gift is:
A. Purely
				personal and private in nature and not related to the regulated lobbyist's
				lobbying activities; and
B. From
				the regulated lobbyist's personal funds and not attributable to any other
				entity or entities.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.14 - Additional Reports

Current through Register Vol. 51, No. 14, July 12, 2024
The Ethics Commission may require regulated lobbyists to file
				  any additional reports it determines to be necessary in the manner prescribed
				  by the Ethics Commission.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.15 - Disclosure of Statistics; Notice to Official Named in Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. After each
				reporting period, the Ethics Commission shall compute and make available:
(1) For each of the categories of expenses
				set forth in Regulation .07B(2) of this chapter, a total of the expenditures
				reported by all regulated lobbyists in that category;
(2) For the categories of expenses required
				to be reported by Regulation .07B(2)(e)-(g) of this chapter, a combined total
				of the expenditures reported by all regulated lobbyists; and
(3) The total of the reported expenditures by
				all regulated lobbyists for lobbying activities during the reporting
				period.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.16 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A regulated lobbyist may not:
A. Be engaged for lobbying purposes for
				compensation that is dependent in any manner on:
(1) The enactment or defeat of
				legislation;
(2) The outcome of any
				executive action relating to the solicitation or securing of a procurement
				contract; or
(3) Any other
				contingency related to executive action or legislative action;
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.17 - Restriction on Campaign Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies only to a
				regulated lobbyist described in Regulation .02A(1)-(5) of this
				chapter.
B. The restrictions in
				this regulation apply from the starting date of the regulated lobbyist's
				registration to the end of the calendar year in which the registration period
				ends.
C. A regulated lobbyist or a
				person acting on behalf of the regulated lobbyist may not, for the benefit of
				the Governor, Lieutenant Governor, Attorney General, Comptroller, a member of
				the General Assembly, or a candidate for election to the office of Governor,
				Lieutenant Governor, Attorney General, Comptroller, or a member of the General
				Assembly, engage in the following activities:
(1) Solicit or transmit a political
				contribution from any person, including a political committee;
(2) Serve on a fund-raising committee or a
				political committee;
(3) Act as a
				treasurer for a candidate or official or as treasurer or chairman of a
				political committee;
(4) Organize
				or establish a political committee for the purpose of soliciting or
				transmitting contributions from any person; or
(5) Forward tickets for fund-raising
				activities, or other solicitations for political contributions, to a potential
				contributor.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 07 - LOBBYING › Chapter 19A.07.01 - General › Section 19A.07.01.18 - Ethics Training Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to an individual
				regulated lobbyist described in Regulation .02A of this chapter.
B. An individual regulated lobbyist shall
				complete the lobbyist training course required by General Provisions Article, §
									5-205(e),
				Annotated Code of Maryland:
(1) Within 6
				months of the individual regulated lobbyist's initial registration with the
				Ethics Commission; or
(2) If the
				initial registration is terminated in accordance with General Provisions
				Article, §
										5-704(f),
				Annotated Code of Maryland, earlier than 6 months after the date of
				registration, before any subsequent registration with the Ethics
				Commission.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 06 - CYBERSECURITY › Chapter 20.06.01 - General › Section 20.06.01.02 - 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) "Cybersecurity breach" means any unauthorized act that has been confirmed to result in access to acquisition, control, destruction, disclosure, or modification of a utility's information technology systems, operations technology systems, or smart grid systems.
(2) "Good cybersecurity practice" means cybersecurity plans that are designed, implemented, maintained, and operated in accordance with an accepted industry cybersecurity standard and in compliance with all applicable federal and State requirements.
(3) "Information technology system" means hardware and software related to electronic processing, and storage, retrieval, transmittal, and manipulation of data.
(4) "Operations technology system" means a system or network that monitors or controls electric, gas, or water system infrastructure used for utility operations.
(5) "Smart grid system" means a system or network that enables a utility to gather and store personally identifiable customer information from customer devices or allows for the control of customer devices.
(6) "Utility" means any electric company, gas company, or water company regulated by the Commission.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 06 - CYBERSECURITY › Chapter 20.06.01 - General › Section 20.06.01.03 - Good Cybersecurity Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. All utilities shall follow good cybersecurity practice.
B. At a minimum, cybersecurity plans shall address cybersecurity-related governance, risk management, procurement practices, personnel hiring, training policies, situational awareness, response, recovery, and transparent reporting of cybersecurity incidents to State and federal entities.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 06 - CYBERSECURITY › Chapter 20.06.01 - General › Section 20.06.01.04 - Cybersecurity Periodic Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. All utilities that have 30,000 or more customers in Maryland shall provide periodic confidential cybersecurity reports describing the company's adherence to good cybersecurity practice, including the company's cybersecurity maturity level trends, cybersecurity performance metric trends, or any other cybersecurity-related topics of current interest to the Commission and such additional representatives as the Commission designates.
B. Periodic confidential cybersecurity reports shall be held at a minimum of every 3 years, or as otherwise directed by the Commission.
C. The reporting utility shall provide an authorized company officer certification of the periodic confidential cybersecurity report.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 06 - CYBERSECURITY › Chapter 20.06.01 - General › Section 20.06.01.05 - Cybersecurity Breach Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
All utilities shall report confirmed cybersecurity breaches of a smart grid system, information technology system, or operations technology system to a Commission-designated representative without divulging energy/electric infrastructure information, as defined by 18 CFR §
										388.113, no later than 1 business day after confirmation, unless prohibited or recommended by law enforcement to avoid compromising an investigation.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.01 - General › Section 20.07.01.01 - Principal Office

Current through Register Vol. 51, No. 14, July 12, 2024
The principal office of the Commission shall be at the William Donald Schaefer Tower, 6 St. Paul Street, Baltimore, Maryland 21202.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.01 - General › Section 20.07.01.02 - Sessions of the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. Stated sessions of the Commission shall be held at its office on Wednesday of each week, between the hours of 10 a.m. and 1 p.m. At stated sessions, the Commission will transact routine business and will sit for the consideration of all matters which may properly be brought before it.
B. Special sessions of the Commission for all authorized purposes may be held at such times and places as the Commission may direct.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.01 - General › Section 20.07.01.03 - Quorum and Conduct of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Quorum of Commission. A majority of the Commission shall constitute a quorum for the purpose of administering generally the provisions of the Public Utilities Article, Annotated Code of Maryland.
B. Formation of Panels.
(1) Subject to the reserved right of the Commission to determine which proceedings shall be conducted en banc, the Chairman shall determine the composition of panels, assign cases to them, designate the presiding officer, and also determine the cases to be referred to the Hearing Examiner Division.
(2) Panels shall consist of three commissioners or two commissioners and a hearing examiner.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.01 - General › Section 20.07.01.04 - Representation by Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
A. All parties, except individuals appearing in their own behalf, shall be represented by attorneys-at-law, who are duly admitted and enrolled to practice before the Court of Appeals of this State when the Commission is performing a quasi-judicial function as distinguished from a legislative, executive, or a ministerial function.
B. A nonresident attorney may not be allowed to enter his appearance in a case before the Commission except upon motion, which will not ordinarily be granted unless some attorney with a full-time office in this State is associated with him or her in the matter.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.01 - General › Section 20.07.01.05 - Reports of Accidents

Current through Register Vol. 51, No. 14, July 12, 2024
Reports of all accidents required to be filed with the Commission shall be made in writing within 30 days after its happening, or as prescribed by order of the Commission duly served.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.01 - General › Section 20.07.01.06 - Practice on Receiving Petitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. On receiving a petition, application, or complaint in writing, the Commission will refer it to the Secretary for examination. If it is found to conform to these regulations and all statutory provisions, the Secretary shall report that fact to the Commission. If it does not so conform, he shall advise the applicant of the defects, which may then be corrected.
B. When the papers and any accompanying exhibits are in proper form, a time and place for a hearing on them may be appointed. The Commission will, in each case, direct what notice of a hearing shall be given, whether by publication or otherwise, and to whom.
C. The applicant shall furnish at its expense, for the use of the Commission in determining the application, the originals of all books, papers, and documents which it may require, or certified or verified copies of them. The failure to do so shall be ground for refusing the application.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.01 - General › Section 20.07.01.07 - Size of Papers Filed

Current through Register Vol. 51, No. 14, July 12, 2024
All petitions, complaints, applications, answers, briefs, and other papers filed with the Commission, shall be printed or typewritten, whenever practicable, upon sheets not more than 11 inches long and 8-1/2 inches wide.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.01 - General › Section 20.07.01.08 - Applications for Extension of Time for Filing Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application by a corporation, firm, or person for an extension of the time within which a report is or may be required to be filed with the Commission, shall be in writing, filed before the expiration of the period, the extension of which is deemed necessary, and shall state in detail:
(1) What, if any, effort has been made by the applicant to prepare the report;
(2) Any facts tending to show why the report cannot be made and filed within the time prescribed;
(3) Any other facts which may make an extension of time necessary or proper; and
(4) The further period of time deemed necessary by the applicant within which to make and file the report.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.01 - Stipulations

Current through Register Vol. 51, No. 14, July 12, 2024
The parties to a hearing, investigation, or other proceeding before the Commission may, by stipulation in writing filed with the Commission, agree upon the facts or any of the facts involved therein, which stipulation, if filed, shall be regarded and used as evidence at the hearing, investigation, or other proceeding. The Commission may, nevertheless, require such additional evidence as it may deem necessary.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.02 - Character of Testimony

Current through Register Vol. 51, No. 14, July 12, 2024
Except when stipulations are filed, the witnesses whose testimony may be desired at a hearing, investigation, or proceeding before the Commission, or before a Commissioner or hearing examiner as authorized by Public Utilities Article, §3-104, Annotated Code of Maryland, shall testify orally and under oath, unless the Commission, Commissioner, or hearing examiner for good cause shown deems it proper in special cases that written evidence, under affidavit or otherwise, be submitted.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.03 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subpoenas for witnesses may be signed and issued by the Secretary or by the Commission or a Commissioner, and may be served by any person of full age designated by the Commission, or by a Commissioner or the Secretary, or through the sheriff's office of any city or county of the State.
B. The Commission may cause subpoenas and subpoenas duces tecum to be issued upon its own motion, or upon the application of any party to a hearing or investigation, but subpoenas duces tecum may not be issued upon application, unless the application is in writing and describes the books, papers, or other documents to be produced.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.04 - Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
A. The complainant should in all cases establish the facts alleged to constitute a violation of the law, unless the defendant admits the same or fails to answer the complaint. Upon request by the complainant, the Commission may assign counsel to appear for him or them, in conformity with Chapter 563 of the Acts of the General Assembly of Maryland, 1912.* The defendant shall also give evidence of the facts alleged in the answer, unless admitted by the complainant, and shall fully disclose his or its defense at the hearing.
*Since amended by Ch. 534 of the Acts of 1924 and by Ch. 201 of the Acts of 1927.
B. In case of failure to answer, the Commission will take such proof of the facts as may be deemed proper and reasonable and make such order on them as the circumstances of the case require.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.05 - Documentary Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
In all cases when documentary evidence is offered, the Commission, in its discretion, in lieu of requiring the originals to be filed, may accept true copies of the evidence or of such parts of it as may be relevant, or may require the evidence to be transcribed as part of the record.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.06 - Briefs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission or presiding officer may, whenever it deems desirable, require the filing of printed or typewritten briefs on behalf of any party or parties to an investigation, hearing, or other proceeding, and may fix the time for the filing of the briefs. Concurrent briefs are preferable. The briefs shall contain an abstract of the evidence and also the arguments relied on by the party or parties filing them.
B. A brief may not exceed 50 pages in length if produced by letterpress, multilith, or photo offset, or 60 pages in length if typewritten and reproduced by any other duplicating or copying process which produces a clear, readable black image on white paper, except by special permission of the Commission or presiding officer. This limitation does not apply to an appendix or to a table of contents and authorities. A brief of more than 20 pages shall contain a subject index and a table of authorities.
C. A request for an extension of time to file briefs shall be made in writing, and a copy of it served upon or mailed to the other parties to the proceeding. Ordinarily, when a matter has been submitted on concurrent briefs, extensions may not be granted unless a stipulation is filed with the Commission or presiding officer. The original of each brief shall contain a certification that copies have been served upon or mailed to each party or his attorney.
D. Unless otherwise prescribed or required by the Commission or presiding officer, each party to the proceeding shall file the original and a minimum of nine copies with the Commission or presiding officer.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.07 - Adjournments and Extensions

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission may, either upon its own motion or upon application, adjourn all hearings from time to time and may grant such extensions of time for compliance with its orders or other acts, as it may deem proper, provided that no requirement of law be violated by the extension, and that this section may not apply to extensions of time for filing reports.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.08 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applications for reopening a cause after final submission, or for rehearing after final order, shall be made by petition in writing, stating specifically the grounds upon which the application is based.
B. If the application is to reopen the cause for further evidence, the nature and purpose of the evidence shall be stated, and may not be merely cumulative.
C. If the application is for a rehearing, the petition shall specify the findings of fact or of law claimed to be erroneous, together with a brief statement of the ground of the alleged error.
D. A petition seeking to reverse or modify a decision, order, or requirement of the Commission shall:
(1) Fully set forth the facts, circumstances, and consequences relied upon; and
(2) Allege:
(a) The facts and circumstances which have arisen after the hearing or order which justify the reversal or modification; or
(b) The consequences resulting from compliance with the decision, order, or requirement which justify or entitle the applicant to the reversal or modification.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.09 - Investigations on the Commission's Own Motion

Current through Register Vol. 51, No. 14, July 12, 2024
A. In every case in which the Commission is authorized by the Public Utilities Article, Annotated Code of Maryland, to make investigations on its own motion, it may, if it deems proper, conduct its investigations ex parte and without notice to the person or persons concerned.
B. If the Commission conducts an ex parte investigation, before passing any final order the Commission shall formulate a complaint, setting forth fully and clearly the acts, omissions, or matters which are the subject of the investigation, and shall pass an order directed to the person or persons investigated requiring that the complaint be satisfied or answered within 20 days from the service of the complaint and order or within such less time as the Commission may prescribe.
C. The complaint and order shall be served on the person or persons complained of in any manner authorized by law, and thereafter the proceedings shall go forward as set forth in COMAR 20.07.03, so far as the provisions of COMAR 20.07.03 apply.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.10 - Investigations at Corporation's Request

Current through Register Vol. 51, No. 14, July 12, 2024
In all cases in which the Commission, at the request of or complaint of a corporation subject to the provisions of the Public Utilities Article, Annotated Code of Maryland, may undertake an investigation with a view to granting to the corporation any application which the corporation may be authorized under the law to make, the Commission may, in its discretion, give all other persons or corporations who may be affected by the application or the investigation an opportunity for a hearing, either by service upon them of a copy of the request or complaint, or by publication of the substance of it, at the expense of the corporation, for such length of time and in such newspaper or newspapers as the Commission may deem desirable.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.11 - Special Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions in this regulation as to hearings and investigations may not be taken to affect any further or additional provisions or requirements which may be prescribed in these regulations for special cases.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.12 - Examination of Witnesses

Current through Register Vol. 51, No. 14, July 12, 2024
In a proceeding involving an application by a public service company seeking authority of the Commission to increase rates and charges for the utility service and when the direct testimony of witnesses has been pre-filed with the Commission and the intervening parties to the proceeding not less than 10 days before the scheduled appearance of witnesses at a hearing, cross-examination shall be limited to a maximum of 30 minutes per witness per intervening party to the proceeding. Re-direct of witnesses and recross-examination of witnesses on their re-direct testimony shall be limited to a maximum of 20 minutes, respectively, per witness per intervening party. Nothing in these regulations shall be construed in any way to apply to the Office of People's Counsel.
Agency Note: See U.S. v. Public Service Commission, 422 F. Supp. 676 (D. Md., 1976), Civil No. B-74-1264.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.02 - Hearings and Investigations › Section 20.07.02.13 - Appeals From Proposed Orders of Hearing Examiners

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party noting an appeal to the Commission from a Proposed Order of Hearing Examiner shall, within 10 days after filing a Notice of Appeal, file with the Commission, and serve on all other parties, a Memorandum on Appeal. A Reply Memorandum may be filed in response to a Memorandum on Appeal within 20 days after the date of the filing of the Memorandum on Appeal. Further response will not be entertained unless the Commission orders otherwise.
B. Memorandum on Appeal.
(1) A Memorandum on Appeal shall contain:
(a) A short statement of the case;
(b) A summary of the basic position of the party filing;
(c) The grounds upon amp;Atilde;'which the appeal rests; and
(d) The argument in support of the appeal with appropriate references to the record and legal authorities.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.03 - Complaints › Section 20.07.03.01 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to complaints filed under Public Utilities Article, §3-102, Annotated Code of Maryland, against public service companies subject to the jurisdiction of this Commission, which allege a violation of the Public Service Commission's law, orders, or regulations.
B. This chapter also governs disputes appealed to the Commission under COMAR 20.32.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.03 - Complaints › Section 20.07.03.02 - Form and Contents

Current through Register Vol. 51, No. 14, July 12, 2024
A complaint or appeal filed under this chapter shall be in writing and shall provide:
A. The name of the public service company which is the subject of the complaint;
B. The name and address of the complainant;
C. The name and address of the complainant's attorney, if any;
D. A detailed description of the act, omission, or matter complained of, with relevant supporting documentation;
E. Specific reference to the law, regulation, or order that is alleged to have been violated, and the basis for the allegation; and
F. Other facts or matters relevant to the complaint that may be required by the Public Utilities Article, Annotated Code of Maryland, or necessary to fully acquaint the Commission with the details of the complaint.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.03 - Complaints › Section 20.07.03.03 - Complaint Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a complaint is received, the Commission may:
(1) Conduct an ex parte investigation;
(2) Issue a satisfy or answer order to the public service company complained of, in a manner prescribed by the Commission; or
(3) Dismiss the complaint if it fails to state a claim upon which relief can be granted.
Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 07 - PRACTICE AND PROCEDURE › Chapter 20.07.03 - Complaints › Section 20.07.03.04 - Appeal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
When an appeal from COMAR 20.32 is received, the Commission may:
A. Determine whether relief should be granted based on the information submitted by the complainant/appellant, the public service company, and the investigation of the Office of External Relations;
B. Dismiss the appeal if it fails to state a claim upon which relief can be granted; or
C. Conduct further investigations, proceedings, or hearings as necessary.