reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.01 - Youth Services Bureau › Section 16.17.01.04 - Monitoring and Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility for State Funding. In order to be eligible for funding from the State, a bureau shall meet the requirements set out in this regulation.
B. Bureau Requirements. Each bureau shall:
(1) Have a valid organizational structure, including a board of directors or an advisory board;
(2) Follow sound personnel practices and maintain complete personnel files that include for each bureau staff member:
(a) A job description,
(b) A completed criminal background check,
(c) Evidence of the staff person's educational credentials and experience, and
(d) Annual staff evaluations;
(3) Provide insurance coverage, as appropriate for the services provided;
(4) Establish and maintain such fiscal control and fund accounting procedures as may be necessary to assure prudent use, proper disbursement, and accurate accounting of funds;
(5) Meet the program requirements set out in Regulation .03 of this chapter, the information reporting and confidentiality requirements set out in Regulation .05 of this chapter, and, if the bureau charges its clients a fee for services, the fee requirements set out in Regulation .06 of this chapter;
(6) Conduct criminal background checks for all employees and, as required by Department policy, volunteers;
(7) Comply with the Department policy on reporting critical incident reports; and
(8) Submit to the Department an annual budget at the time the Department specifies.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.01 - Youth Services Bureau › Section 16.17.01.05 - Information Reporting and Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. Information Reporting to the Department.
(1) For each Department client on informal supervision, protective supervision, probation, or aftercare status who is referred by the Department to the bureau, the bureau shall allow the Department access to the client's information and shall provide the Department confirmation of the acceptance of the client by the bureau. The bureau shall keep the Department informed at reasonable intervals to be determined by the Department of the client's attendance and cooperation in the bureau program.
(2) For all formal counseling cases, excluding those clients referred by the Department, the bureau shall provide the Department with the first three initials of the client's surname, the initials of the client's first and middle names, and the client's date of birth. The bureau shall inform their formal counseling cases that the information in this subsection shall be provided to the Department.
(3) The bureau shall obtain an appropriate release of information to comply with §A(1) and (2) of this regulation.
(4) For all bureau clients not covered by §A(1) or (2) of this regulation, the bureau shall provide non-client-identifying information, as requested, regarding program activities and statistics in the form and format approved or provided by the Department.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.01 - Youth Services Bureau › Section 16.17.01.06 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The bureau's board of directors may charge bureau clients a fee for services that is based upon the client's family income.
B. Before implementing its fee plan, the bureau shall consult with the Department.
C. Fees obtained from clients may be retained by the bureau for bureau purposes.
D. The bureau may not assess a fee for service provision to a youth referred to the bureau by court order.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.02 - Youth Diversion Programs › Section 16.17.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to:
A. Youth diversion programs currently being funded by the Department of Juvenile Services;
B. A program which seeks funding from the Department of Juvenile Services as a youth diversion program; and
C. A program which is approved by the Department of Juvenile Services as a diversion program.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.02 - Youth Diversion Programs › Section 16.17.02.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of a youth diversion program is to:
A. Provide preadjudicatory services for alleged juvenile offenders to reduce penetration into the Juvenile Services system and decrease the likelihood for further delinquent behavior;
B. Provide services on a cost-free basis;
C. Function as advocates of youth needs;
D. Provide counseling (individual, family and group), referral and information services, crisis intervention, and informal counseling;
E. Provide, in accordance with particular community needs, tutoring, alternative leisure activities, employment assistance for older youth, community education, and other specialized services at convenient hours;
F. Service primarily youth from the Department of Juvenile Service' intake and the State's Attorney's Office;
G. Service, in accordance with the contracted number, a formal caseload, that is, those cases requiring a written referral, intake report, service plan, and sequential case documentation. In addition, a specified counselor shall be assigned and case follow-up performed.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.02 - Youth Diversion Programs › Section 16.17.02.03 - Eligibility for Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A youth diversion program shall be considered eligible for certification if it meets criteria outlined under Regulations .05 and .06 of this chapter to the satisfaction of the Department of Juvenile Services.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.02 - Youth Diversion Programs › Section 16.17.02.04 - Fiscal Records

Current through Register Vol. 51, No. 14, July 12, 2024
Youth diversion programs or the local units of government shall establish and maintain such fiscal control and fund accounting procedures as may be necessary to assure prudent use, proper disbursement, and accurate accounting of diversion funds under their control. Fiscal procedures for contractors are stated in Regulation .09 of this chapter. Diversion financial records are subject to fiscal audits by the Department of Juvenile Services.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.02 - Youth Diversion Programs › Section 16.17.02.05 - Services Provided by Youth Diversion Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Diversion programs shall provide the following services regardless of budgetary limitations:
(1) Individual counseling;
(2) Family or group counseling, or both;
(3) General and referral information services;
(4) Crisis intervention.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.02 - Youth Diversion Programs › Section 16.17.02.06 - Guidelines for Youth Diversion Programs Receiving State Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nature of Services Delivered.
(1) Youth diversion programs shall provide services in a manner which is appealing and accessible to their community. This requires flexible hours and may entail the use of an outreach approach or satellite centers, or both.
(2) Youth diversion programs are responsible for developing and maintaining community rapport.
(3) Programs may not systematically deny service to any groups of youths in their communities.
(4) Programs may not be required to provide services to youth who, in the best judgment of the program staff, are in need of services beyond those which the program is capable of offering. In this case, the programs shall attempt to refer the participant to an appropriate agency for service.
(5) Diversion programs shall maintain a listing of community services to which participants may be referred. The listing shall include at least the name of the referral service, its address, telephone number, and eligibility requirements.
(6) Youth diversion programs shall make use of existing public and private services in their communities by referral and networking with those services which are available and appropriate. Programs shall provide the participant with whatever assistance is needed to follow through with the referral. In addition, it is the program's responsibility to follow up on each formal case referred to determine whether the service was provided by the agency to which the referral was made.
(7) Youth diversion programs shall provide written or verbal feedback to the worker making the referral to the program regarding the acceptance of referrals. The worker shall be periodically informed of the individual's participation in the diversion program.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.02 - Youth Diversion Programs › Section 16.17.02.07 - Program Accountability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Monitoring.
(1) The basic task involved in monitoring is to determine whether the program is providing services in compliance with the contract. The primary data collected shall be the:
(a) Number of clients served annually;
(b) Age, sex, race, address, offense or activity which led to referral, and prior offense history, if any, for each client served; and
(c) Services which are provided to each client.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.02 - Youth Diversion Programs › Section 16.17.02.08 - Confidentiality of Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The youth diversion programs shall comply with 42 CFR, Chapter 1, Subpart C, §§
										2.31 and 2.31 -1, which is incorporated by reference.
B. For purposes of monitoring, evaluation, and general accountability for the expenditure of State funds, some data will usually be in aggregate form except for those cases which are specifically referred to the programs by the Department of Juvenile Services. The Department of Juvenile Services may not require a diversion program to provide information which will identify an individual who is not already known to the Department of Juvenile Services. This identifying information will be removed or obscured in case records before their review by anyone other than diversion staff.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.02 - Youth Diversion Programs › Section 16.17.02.09 - Fiscal Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. Youth diversion programs shall adhere to fiscal guidelines as promulgated by the Department of Juvenile Services.
B. The Department of Juvenile Services shall reserve the right to revise its guidelines at any time without notice.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.05 - Certification of Community Nonresidential Services › Section 16.17.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to community nonresidential youth programs that receive funds from the Department of Juvenile Justice and are not otherwise licensed or certified by the State.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.05 - Certification of Community Nonresidential Services › Section 16.17.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Applicant" means the person, agency, or corporation applying for certification as a community nonresidential youth program under these regulations.
(2) "Certification" means approval by the Department to receive Department funds for operating a community nonresidential youth program in compliance with these regulations.
(3) "Department" means the Department of Juvenile Justice.
(4) "Program" means community nonresidential services for youth provided in an organized manner.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.05 - Certification of Community Nonresidential Services › Section 16.17.05.03 - Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application. An applicant wanting to obtain or renew a certification for a community nonresidential program shall submit a completed application and other required information to the Department in accordance with these regulations and Department policy.
B. Disposition of Applications. Within 30 days following receipt by the Department of a completed application, the Department shall review and evaluate for compliance with these regulations the application and other required information, inspect the program site, and either grant or deny certification of the program.
C. Provisional Certification. The Department may issue a provisional certification to an applicant for a single period not to exceed 6 months. At the end of the provisional period, the Department shall grant or deny full certification.
D. Denial of Certification. If the Department denies an application, the Department shall formally notify the applicant and specify the reasons for the denial.
E. Duration of Certification. A certification shall be valid for 2 years from the date of issuance unless terminated, suspended, or revoked before the expiration of that term.
F. Posting of Certificate. A community nonresidential youth program for youth shall post in a prominent place the certificate issued pursuant to these regulations.
G. Nontransferability. A certification shall be valid only for the program for which it is issued, and may not be sold, assigned, or transferred.
H. Renewal. An application for renewal of certification shall be received by the Department not less than 45 days before the expiration of the current certification.
I. Return of Certificate.
(1) If a program is discontinued or ceases to be operated by the entity to which the certification was issued, the certification is void and the certificate shall be returned immediately to the Department.
(2) If a certification is suspended or revoked, or if an application for renewal of certification is denied, the program shall return the certificate to the Department on the date of the suspension or revocation, or in the case of nonrenewal, upon expiration of the certification.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.05 - Certification of Community Nonresidential Services › Section 16.17.05.04 - Program Requirements for Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to meet organizational and administrative requirements, each program shall:
(1) Provide a program description that defines the:
(a) Population to be served,
(b) Services to be provided,
(c) Goals and desired outcomes for participating youth, and
(d) Methods and techniques to be used in order to accomplish the desired outcomes;
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.05 - Certification of Community Nonresidential Services › Section 16.17.05.05 - Program Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each program certified under these regulations shall be monitored by the Department to determine compliance with these regulations.
B. The program shall allow the Department to:
(1) Meet with staff and clients;
(2) Observe program activities;
(3) Review:
(a) Fiscal information and expenditure of State funds,
(b) Personnel records,
(c) Case records, and
(d) Administrative records and policies; and
(4) Verify reports submitted by the program to the Department.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 17 - COMMUNITY NONRESIDENTIAL SERVICES › Chapter 16.17.05 - Certification of Community Nonresidential Services › Section 16.17.05.06 - Suspension and Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may suspend for up to 6 months or revoke permanently a program's certification for failure to comply with these regulations.
B. The Department shall give a program at least 15 days written notice before suspending or revoking the program's certification.
C. A program whose certification is suspended or revoked by the Department may appeal as provided by the Administrative Procedure Act of the State Government Article.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 18 - STATE OPERATED RESIDENTIAL FACILITIES › Chapter 16.18.01 - Child Advocacy Grievance Procedure › Section 16.18.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Child advocate" means an individual who works on behalf of children under Department of Juvenile Services' jurisdiction to see that their needs are met and their rights upheld through the operations of the agency.
(2) "Grievance" means a complaint due to a circumstance or action considered to be unjust.
(3) "Secretary" means the Secretary of Juvenile Services or the Secretary's designee.
(4) "Superintendent" means the chief administrative officer of an institution or a youth center.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 18 - STATE OPERATED RESIDENTIAL FACILITIES › Chapter 16.18.01 - Child Advocacy Grievance Procedure › Section 16.18.01.02 - Role of Facility Staff

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every employee at the facility shall have the responsibility to assist any child who expresses a desire to initiate a grievance.
B. An employee may not retaliate against children who have filed a grievance.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 18 - STATE OPERATED RESIDENTIAL FACILITIES › Chapter 16.18.01 - Child Advocacy Grievance Procedure › Section 16.18.01.03 - Role of the Child Advoctate

Current through Register Vol. 51, No. 14, July 12, 2024
A. The child advocate shall assist any child who expresses a desire to initiate a grievance.
B. Once a child advocate has been contacted concerning a grievance, the child advocate shall assist the child until the problem has been resolved, even if the child has been transferred or released.
C. The Secretary shall appoint a substitute child advocate when the grievance is filed against the child advocate.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 18 - STATE OPERATED RESIDENTIAL FACILITIES › Chapter 16.18.01 - Child Advocacy Grievance Procedure › Section 16.18.01.04 - Grievance Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initiation of Grievance.
(1) A child may initiate a grievance by contacting the child advocate, or requesting that a staff member contact the child advocate.
(2) The child shall initiate the grievance procedure within 5 working days of the action or incident, unless the child can satisfactorily demonstrate to the child advocate that a time extension is necessary.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 18 - STATE OPERATED RESIDENTIAL FACILITIES › Chapter 16.18.01 - Child Advocacy Grievance Procedure › Section 16.18.01.05 - Regulation Limitations

Current through Register Vol. 51, No. 14, July 12, 2024
The grievance procedures may not:
A. Offer an administrative hearing;
B. Be governed by the contested case provisions of State Government Article, Annotated Code of Maryland; and
C. Include decisions made through the Department of Juvenile Services Disciplinary Appeals Process.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 18 - STATE OPERATED RESIDENTIAL FACILITIES › Chapter 16.18.02 - Limits on Use of Restraints and Seclusion; Prohibition of Abuse › Section 16.18.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Abuse.
(a) "Abuse" means:
(i) The physical injury of a youth by any employee under circumstances that indicate the youth's health or welfare is significantly harmed or at risk of being significantly harmed; or
(ii) Sexual abuse of a youth, whether or not physical injuries are sustained.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 18 - STATE OPERATED RESIDENTIAL FACILITIES › Chapter 16.18.02 - Limits on Use of Restraints and Seclusion; Prohibition of Abuse › Section 16.18.02.02 - Prohibition of Abuse

Current through Register Vol. 51, No. 14, July 12, 2024
Acts of abuse at a facility are prohibited.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 18 - STATE OPERATED RESIDENTIAL FACILITIES › Chapter 16.18.02 - Limits on Use of Restraints and Seclusion; Prohibition of Abuse › Section 16.18.02.03 - Use of Locked Door Seclusion

Current through Register Vol. 51, No. 14, July 12, 2024
A. A facility employee may not place a youth in locked door seclusion as punishment.
B. A facility employee may place a youth in locked door seclusion only:
(1) When it is clearly necessary to protect the youth or other individuals or to prevent escape; and
(2) After less restrictive methods have been tried or cannot reasonably be tried.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 18 - STATE OPERATED RESIDENTIAL FACILITIES › Chapter 16.18.02 - Limits on Use of Restraints and Seclusion; Prohibition of Abuse › Section 16.18.02.04 - Use of Restraints

Current through Register Vol. 51, No. 14, July 12, 2024
A. A facility employee may not apply any restraint to a youth as punishment.
B. A facility employee may apply restraints to a youth only for:
(1) The protection of the youth or other individuals;
(2) Secure transportation; or
(3) The prevention of escape.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 18 - STATE OPERATED RESIDENTIAL FACILITIES › Chapter 16.18.02 - Limits on Use of Restraints and Seclusion; Prohibition of Abuse › Section 16.18.02.05 - Facility Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Use by an employee of locked door seclusion or restraint is governed by the policy applicable to the facility.
B. A facility's policy shall address a youth's right to:
(1) A hearing before an impartial hearing officer;
(2) Advance written notice of the:
(a) Date, time, and location of the hearing, and
(b) Availability and name of a child advocate;
(3) Be heard and present witnesses;
(4) Confront adverse witnesses;
(5) Appeal the decision; and
(6) Expungement of the records from the youth's file if the youth prevails at the hearing.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.01 - Standards for Administrative Collection of Claims › Section 17.01.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to prescribe standards, policies, and procedures for the collection of claims of the State and the preparation, submission, and processing of information on delinquent accounts subject to transfer by State agencies to the Central Collection Unit (CCU).
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.01 - Standards for Administrative Collection of Claims › Section 17.01.01.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to the collection of all claims, delinquent accounts, and debts owed to the State or to an agency or official of the State in his official capacity, except those exempt by law from referral to the Central Collection Unit. The nature of certain claims owed to the State may cause the strict application of one or more of these standards to be impractical or not in the best interest of the State. Agencies may deviate from these standards only if this deviation has been requested in writing from and approved by the Secretary of Budget and Management. The written request shall specify the precise nature of the deviation or deviations, the types of account or accounts or claim or claims to be governed by the deviation or deviations, and the justification for these deviated standards.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.01 - Standards for Administrative Collection of Claims › Section 17.01.01.03 - 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) "Debtor" means a person, company, agency, corporation, or other entity legally obligated to pay money to the State or to an agency or official of the State in his official capacity.
(2) Delinquent Account. An account shall be considered delinquent when the agency making the claim has documented that the following conditions exist:
(a) Appropriate demand has been made on the debtor;
(b) A third-party payor (for example, insurance company, government agency, etc.) that may be involved has refused benefits to the debtor sufficient to satisfy the State's entire claim on the debtor;
(c) The debtor:
(i) Is unable to pay all or any part of the State's claim, or
(ii) Refuses to pay all or a part of the State's claim.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.01 - Standards for Administrative Collection of Claims › Section 17.01.01.04 - Agency Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Aggressive Collection Action. The agency head or his designee shall take aggressive action, on a timely basis with effective follow-up, to collect all claims of the State for money or property resulting from the activities of (or referred to) his agency in accordance with the standards set forth in this regulation.
B. Demand for Payment.
(1) Appropriate written demands shall be made upon a debtor in the form of invoices, letters, or other written communication, properly addressed and delivered to the debtor. The first demand may be made before the date the claim is due and payable or within a reasonable time after that. This demand shall inform the debtor of the amount and reason for the indebtedness and the date when payment is due. Information about a discount offered to the debtor as an incentive to early payment as well as information about interest or other charges which may be assessed as a penalty for late payment shall be included in the first demand for payment.
(2) Written demands for past due amounts (reminder letters, for example) should also include a statement informing the debtor of the consequences (that is, declaration of account delinquency and transfer to CCU for possible enforced collection action) of failure to respond to the demand in a positive manner.
(3) Three written demands, at 30 day intervals, will normally be made before an account is declared delinquent. However, an agency should declare an account delinquent and transfer it to CCU immediately, without awaiting the expiration of a time period, whenever:
(a) The debtor's response to an appropriate demand indicates that further demand would be futile (for example, debtor's expressed refusal to pay);
(b) The debtor fails to respond in a positive way within 75 days of the original written demand;
(c) Prompt suit or attachment is required in anticipation of:
(i) The debtor's departure from the jurisdiction,
(ii) The debtor's removal or transfer of assets,
(iii) Imminent expiration of any applicable statute of limitations.
(4) There should be no undue delay in responding to a communication received from the debtor.
(5) A claim against a deceased non-delinquent debtor shall be filed promptly by the agency concerned and the account deemed delinquent only if the personal representative of the estate refuses payment. If an estate has not been opened within 180 days of the date of death, the account shall be deemed delinquent and referred to the Central Collection Unit for collection.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.01 - Standards for Administrative Collection of Claims › Section 17.01.01.05 - Transfer Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. All delinquent accounts shall be transferred to CCU for collection or abatement. Transfer shall take place within 15 days after the account is declared delinquent.
B. Agencies shall notify CCU of all disputed claims over $5,000 that are not resolved within 180 days after notice of the claim to the debtor.
C. Agencies shall report to CCU semiannually the status of all accounts or claims over $5,000 that have open audit findings.
D. Agency records of accounts transferred to CCU shall be maintained in accordance with generally accepted accounting principles and practices specified by the Comptroller of the Treasury.
E. On those accounts with a value of less than $30, the agency should, monthly, prepare a list of these accounts showing name, amount, and reason for noncollection, and forward two copies of the list to the Central Collection Unit requesting Abatement Committee approval to write off these accounts. When the Committee approves the write-off, it shall return a copy of the transmittal letter authorizing the agency to close the account.
F. Accounts with a value of $30 or more may be transferred manually or by computer tape.
G. Accounts Transferred Manually.
(1) Each account shall be forwarded in a file folder. Any accounts not submitted in file folders are subject to return to the agency. This file shall contain:
(a) Name of debtor;
(b) Original copies or photocopies of all documents supporting the State's claim against the debtor, to enable CCU to respond to telephone inquiries, and, if necessary, prove with litigation;
(c) All available documentation of the collection effort expended by the agency before declaring the account delinquent (see Regulation .04J of this chapter);
(d) The debtor's telephone number, Social Security number, date of birth, and driver's license number, if available;
(e) The names of financial institutions used by the debtor and the debtor's account numbers with these institutions, if available;
(f) Date of admission and date of discharge, if hospital charges are involved.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.01 - Standards for Administrative Collection of Claims › Section 17.01.01.06 - Central Collection Unit's Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Collection Unit shall accept all delinquent accounts submitted in accordance with Regulation .05 of this chapter and shall initial and return one copy of the transmittal letter to the transferring agency.
B. The Central Collection Unit shall initiate collection procedures.
C. The Central Collection Unit monthly shall notify the agency of collections or abatements on its accounts by transmitting a copy of the cash and journal voucher report showing all monetary changes to the agency's accounts being collected by the Central Collection Unit. The Comptroller shall be notified of these collections, less any applicable charges, by STARS 120 Report from the Central Collection Unit.
D. The Central Collection Unit, whenever possible, shall collect attorney fees, collection fees, interest penalties, and other costs over and above the principal debt allowed by law, the original note, contract, or other documents.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.01 - Standards for Administrative Collection of Claims › Section 17.01.01.07 - Charges for Collections

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Collection Unit shall charge the debtor a collection fee of 17 percent on all accounts referred for collections, except on accounts referred to the Unit solely for collection under the tax refund intercept program.
B. For all collections resulting from the Central Collection Unit's efforts:
(1) The Central Collection Unit shall deduct from the proceeds a charge for administrative expenses and additional expenses, such as court costs and witness fees;
(2) The charge for administrative expenses is 17 percent of the total proceeds;
(3) The charge for administrative expenses on accounts referred to the Central Collection Unit solely for collection under the Tax Refund Intercept Program is 10 percent of the total proceeds.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.02 - Tax Refund Intercept Program-Delinquent Debts › Section 17.01.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" means a judge within the Office of Administrative Hearings, appointed by the Chief Administrative Law Judge to preside over administrative hearings.
(2) "Central Collection Unit (Unit)" means the Central Collection Unit of the Department of Budget and Management.
(3) "Certify" means to furnish to the Comptroller the names, with other identification including address, Social Security or federal tax identification number, and amount of debt of debtors owing money to the State.
(4) "Comptroller" means the Comptroller of the Treasury.
(5) "Debt" means any liquidated sum due and owing any State agency which has accrued through contract, subrogation, tort, operation of law, or other cause of action, regardless of whether there is an outstanding judgment for that sum.
(6) "Debtor" means any individual, fiduciary, or business entity which may be entitled to receive a Maryland income tax refund and which owes money to, or has a delinquent account with, any State agency which has not been adjudged satisfied by court order, set aside by court order, or discharged in bankruptcy. "Debtor" and "taxpayer" are synonymous, when a match of names has been made by the Comptroller.
(7) "Intercept" means the action of the Comptroller of withholding all or part of a tax refund due a taxpayer and remitting it to the Central Collection Unit.
(8) "Office of Administrative Hearings" means the independent unit within the executive branch of State government that is responsible for conducting administrative hearings.
(9) "Refund" means any taxpayer's Maryland Income Tax Refund.
(10) "State agency" means any agency, association, board, bureau, college, commission, committee, council, foundation, fund, department, institute, institution, public corporation, service, trust, university, or other unit of State government, including any sub-unit of these agencies.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.02 - Tax Refund Intercept Program-Delinquent Debts › Section 17.01.02.02 - Duties of the Central Collection Unit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Collection Unit may certify to the Comptroller the existence of any debt which has been referred to the Unit for collection by a State agency or official unless the:
(1) Debt is excepted by law from the Unit's jurisdiction under State Finance and Procurement Article, Title 3, Subtitle 3, Annotated Code of Maryland; or
(2) Attorney General has advised the State agency, official, or the Central Collection Unit that the validity of the debt is legitimately in dispute.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.02 - Tax Refund Intercept Program-Delinquent Debts › Section 17.01.02.03 - Duties of the Comptroller

Current through Register Vol. 51, No. 14, July 12, 2024
A. As frequently as practical, the Comptroller shall compare the names of the debtors certified by the Central Collection Unit with the names of taxpayers who file tax returns and are entitled to a tax refund.
B. If a match is made between a taxpayer eligible for tax refund and a certified debtor, the Comptroller shall pay the refund to the Central Collection Unit, but only to the extent of the amount of the debt certified. Any refund in excess of a certified debt shall be paid by the Comptroller to the debtor.
C. If a match occurs with one of the parties to a joint or a combined-separate tax return, the Comptroller shall withhold only the portion of the refund attributable to the debtor.
D. The Comptroller shall remit to the Central Collection Unit payments withheld pursuant to this chapter. The Comptroller shall also provide the Central Collection Unit with a list identifying the debtors for whom remittance is made and the debtors for whom the Comptroller has determined that no intercept can be made. The list shall include each debtor's name, address, Social Security number or federal tax identification number, and an identification number.
E. The Comptroller shall notify a debtor for whom an intercept is made of the amount paid to the Central Collection Unit and of the debtor's right to request an investigation by the Central Collection Unit of the validity of the debt and to request an administrative hearing subject to judicial review in accordance with the Administrative Procedure Act.
F. The Comptroller shall delete a certified name or change names certified when instructed to do so by the Central Collection Unit.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 01 - CENTRAL COLLECTION UNIT › Chapter 17.01.02 - Tax Refund Intercept Program-Delinquent Debts › Section 17.01.02.04 - Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 15 days from the date of the mailing of the notice of the Central Collection Unit's intention to certify the debtor's name or of the Comptroller's having intercepted the debtor's refund, a debtor has the right to request an investigation by the Central Collection Unit if the debtor disputes the validity or the amount of the debt.
B. The Central Collection Unit shall submit to the debtor a report of its findings within 15 days from the date that the request for investigation was received. The report shall include a notice of the right to request a hearing on the findings and the method of doing so in accordance with the Administrative Procedure Act.
C. If the investigation results in the reduction or elimination of the debt, the Central Collection Unit shall take corrective action as necessary, by correcting the certification, discontinuing the certification procedures, or remitting to the debtor any intercepted amounts in excess of the debt. Corrective action shall be taken within 30 days of the date on which the Central Collection Unit completes a report of its findings.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out procedures for filing requests with the Department of Budget and Management for the inspection and copying of records under the Public Information Act, State Government Article, 10-611-----10-630, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when this access is allowed by law, by minimizing costs and time delays to persons requesting information.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.02 - 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 the Public Information Act, State Government Article, 10-611-----10-630, Annotated Code of Maryland.
(2) "Applicant" means a person or governmental unit that asks to inspect public records.
(3) "Custodian" means an authorized person employed by the Department having personal custody and control of public records of the Department.
(4) "Department" means the Department of Budget and Management.
(5) "Records" means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, cards, tapes, recordings, computerized records, or other documentary materials, regardless of physical form or characteristics. "Records" includes all copies made or received by the Department in connection with the transaction of public business and includes the salaries of all employees of the Department.
(6) "Secretary" means the Secretary of Budget and Management or the Secretary's designee.
(7) "Working day" means a day other than Saturday, Sunday, or a State holiday.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.04 - Authority to Grant or Deny Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A custodian may not grant or deny a request to inspect or copy records pursuant to this chapter without the prior approval of the Secretary.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.05 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inspections.
(1) Except as otherwise provided in this regulation, the custodian shall generally make records available for inspection by an applicant without demanding a written request.
(2) The custodian shall require a written request if the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.06 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.07 - Filing Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.08 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian decides to grant a request for inspection or copying, the custodian shall produce the record for inspection or copying immediately or within a reasonable period, not to exceed 30 days from the date of the receipt of the request when this period of time is needed to retrieve the information.
B. Denial of Request.
(1) If the custodian decides to deny the request, the custodian shall do so within 30 days from the date of receipt of the request and shall immediately inform the applicant of the denial.
(2) If the request was in writing, the custodian shall immediately provide the applicant with a written statement of the grounds for the denial, which shall state the law or regulation under which access is denied, and all remedies for review of this denial available under the Act.
(3) If the request was oral, the custodian shall inform the applicant either orally or in writing of the denial and the general basis for it.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.09 - Privileged Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may deny inspection or copying pursuant to this chapter of records protected from disclosure by the doctrine of executive privilege. The privileged records may include, but are not limited to records:
(1) Relating to budgetary and fiscal analyses, policy papers, and recommendations made by the Department or by any person working for the Department;
(2) Provided by any other agency to the Department in the course of the Department's exercise of its responsibility to prepare and monitor the execution of the annual budget;
(3) Relating to a State procurement when a final contract award has not been made or when disclosure of the record would adversely affect future procurement activity;
(4) Of confidential advisory and deliberative communications relating to the preparation of management analysis projects conducted by the Department pursuant to State Finance and Procurement Article, §
										7-103, Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.10 - Notification of Persons Who May be Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant.
B. If a record originated in a State agency other than the Department, the custodian shall notify the agency where the record originated that a request for inspection or copying has been made. The custodian may consider the views of that agency before deciding whether to disclose the record to the applicant.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.11 - Records Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days from the date of receipt of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.