reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.01 - Certification of Community Health Workers › Section 10.68.01.01 - 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) "Accreditation" means the approval a
				  community health worker certification training program receives when it has met
				  all the requirements of this chapter.
(2) 'Accredited community health worker
				  certification training program" means a community health worker certification
				  training program that has been accredited by the Maryland Department of
				  Health.
(3) 'Applicant" means an
				  individual who applies to the Maryland Department of Health to obtain a
				  community health worker certificate.
(4) "Certificate " means a certificate issued
				  by the Department to authorize an individual who meets the requirements of this
				  chapter to represent to the public as a certified community health worker in
				  the State.
(5) "Certified community
				  health worker (CCHW) " means an individual who has successfully met the
				  requirements stated in this chapter.
(6) "Community health worker (CHW) " has the
				  meaning set forth in Health-General Article, § 13-3701, Annotated Code of
				  Maryland.
(7) "Core competencies"
				  means:
(a) Advocacy and community capacity
				  building skills;
(b) Effective oral
				  and written communication skills;
(c) Cultural competency;
(d) Understanding of ethics and
				  confidentiality issues;
(e)
				  Knowledge of local resources and system navigation;
(f) Care coordination support
				  skills;
(g) Teaching skills to
				  promote healthy behavior change;
(h) Outreach methods and strategies;
				  and
(i) Understanding of public
				  health concepts and health literacy.
(8) "Department" means the Maryland
				  Department of Health.
(9)
				  "Professional development activities" means knowledge and skill building
				  opportunities related to the core competencies of community health workers or
				  health principles that may include:
(a)
				  Courses;
(b) Webinars;
(c) Conferences;
(d) Workshops;
(e) Trainings; or
(f) Lectures.
(10) "Secretary" means the Secretary of the
				  Maryland Department of Health.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.01 - Certification of Community Health Workers › Section 10.68.01.02 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Qualified Community Health Worker Applicant. A qualified community health
				  worker applicant is an individual who:
(1) Has
				  successfully completed a CHW certification training program that is accredited
				  by the Department; or
(2) Is
				  eligible to be exempt from the training requirements as set forth in Regulation
				  .03C of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.01 - Certification of Community Health Workers › Section 10.68.01.03 - Applicant Age, Training, and Experience Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Age Requirement. An individual seeking
				  community health worker certification shall be 18 years old or older.
B. Certification by Completion of a CHW
				  Certification Training Program Accredited by the Department. An applicant for
				  community health worker certification shall:
(1) Provide documentation of successful
				  completion of an accredited CHW certification training program as set forth in
				  this chapter; and
(2) Possess a
				  high school diploma or GED equivalent.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.01 - Certification of Community Health Workers › Section 10.68.01.04 - Action on Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon
				  review of a completed application, the Department shall:
(1) Approve the issuance of a certificate to
				  the applicant if the applicant meets the requirements specified in this
				  chapter;
(2) Request additional
				  information to make a determination; or
(3) Deny the issuance of a certificate to the
				  applicant.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.01 - Certification of Community Health Workers › Section 10.68.01.05 - Certification Representation

Current through Register Vol. 51, No. 14, July 12, 2024
An individual shall be certified by the Department before
					 the individual may represent to the public that the individual is a certified
					 community health worker.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.01 - Certification of Community Health Workers › Section 10.68.01.06 - Requirement to Update Contact Information

Current through Register Vol. 51, No. 14, July 12, 2024
An individual certified by the Department shall inform the
					 Department, within a reasonable time period, of any changes to the certificate
					 holder's name and contact information.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.01 - Certification of Community Health Workers › Section 10.68.01.07 - Expiration and Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  the Department suspends or revokes the certificate, the certificate:
(1) Is effective for 2 years from the date
				  issued; and
(2) Authorizes the
				  individual to represent to the public that the individual is a certified
				  community health worker.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.01 - Certification of Community Health Workers › Section 10.68.01.08 - Reinstatement of Certificate Due to Nonrenewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall reinstate the
				  certificate of a community health worker who has failed to renew the
				  certificate, if the individual:
(1) Has not
				  had the certificate suspended or revoked;
(2) Submits to the Department documentation
				  of:
(a) Completion of 20 hours of a broad
				  range of professional development activities; and
(b) A written explanation of acquired
				  knowledge and/or skill application of duties within the 2-year period
				  immediately preceding the date of renewal;
(3) Applies to the Department for
				  reinstatement of the certificate before 2 years after the certificate
				  expires;
(4) Pays to the Department
				  a renewal fee set by the Department in regulation; and
(5) Meets the requirements for certification
				  set forth by the Department.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.01 - Certification of Community Health Workers › Section 10.68.01.09 - Suspension or Revocation of a Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may suspend or revoke the
				  certificate of a community health worker who no longer meets the requirements
				  established under this chapter.
B.
				  Subject to the hearing provisions of COMAR 10.01.03, the Department may suspend
				  or revoke a certificate if the individual:
(1) Fraudulently or deceptively obtains or
				  attempts to obtain a certificate for a community health worker or for another
				  individual;
(2) Fraudulently or
				  deceptively uses a certificate;
(3)
				  Otherwise fails to meet substantially the standards for certification adopted
				  under this chapter;
(4) Is
				  convicted of or pleads guilty or nolo contendere to a felony or to a crime
				  involving moral turpitude, whether or not any appeal or other proceeding is
				  pending to have the conviction or plea set aside;
(5) Performs the duties of a community health
				  worker while:
(a) Under the influence of
				  alcohol; or
(b) Using any narcotic
				  or controlled dangerous substance, as defined in Criminal Law Article, §
												5-101, Annotated Code of
				  Maryland, or other drug that is in excess of therapeutic amounts or without
				  valid medical indication;
(6) Is disciplined by a licensing or
				  disciplinary authority of any other state or country or convicted or
				  disciplined by a court of any state, territory, or country for an act that
				  would be grounds for suspension or revocation action under this
				  title;
(7) Performs the duties of a
				  certified community health worker with an unauthorized person or supervises or
				  aids an unauthorized person in performing the duties of a certified community
				  health worker;
(8) Willfully makes
				  or files a false report or record while performing the duties of a certified
				  community health worker;
(9)
				  Willfully fails to file or record any report as required under law, willfully
				  impedes or obstructs the filing or recording of the report, or induces another
				  to fail to file or record the report;
(10) Commits an act of unprofessional conduct
				  in performing the duties of a community health worker;
(11) Refuses, withholds from, denies, or
				  discriminates against an individual with regard to the provision of
				  professional services for which the individual is certified and qualified to
				  render because of the individual's race, sex, creed, color, national origin,
				  marital status, sexual orientation, age, gender identity, or disability;
				  or
(12) Fails to maintain on file
				  with the Department a current resident address or employment address or notify
				  the Department when the residency or place of employment changes.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.02 - Community Health Worker Certification Training Programs › Section 10.68.02.01 - 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) "Accreditation" means the approval a
				  community health worker certification training program receives when it has met
				  all the requirements of this chapter.
(2) 'Accredited community health worker
				  certification training program" means a community health worker certification
				  training program that has been accredited by the Maryland Department of
				  Health.
(3) 'Applicant" means a
				  community health worker training program that applies to the Maryland
				  Department of Health for accreditation.
(4) "Community health worker (CHW) " has the
				  meaning set forth in Health-General Article, § 13-3701, Annotated Code of
				  Maryland.
(5) "Community health
				  worker certification training program " means a training program that has been
				  accredited by the Department.
(6)
				  "Department" means the Maryland Department of Health.
(7) "Review Committee" means the CHW Training
				  Program Application Review Committee.
(8) "Secretary" means the Secretary of the
				  Maryland Department of Health.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.02 - Community Health Worker Certification Training Programs › Section 10.68.02.02 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Accreditation Requirements.
(1) All CHW
				  certification training programs shall be accredited by the
				  Department.
(2) The accreditation
				  shall be issued before an organization may offer a CHW certification training
				  program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.02 - Community Health Worker Certification Training Programs › Section 10.68.02.03 - Training Program Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A CHW certification training program
				  shall:
(1) Provide a minimum of 100 hours of
				  instruction;
(2) Verify successful
				  completion of an additional supervised 40-hour practicum by a
				  student;
(3) Employ a curriculum
				  framework that incorporates, at a minimum, the following core competencies:
(a) Advocacy and community capacity building
				  skills;
(b) Effective oral and
				  written communication skills;
(c)
				  Cultural competency;
(d)
				  Understanding of ethics and confidentiality issues;
(e) Knowledge of local resources and system
				  navigation;
(f) Care coordination
				  skills;
(g) Teaching skills to
				  promote healthy behavior change;
(h) Outreach methods and strategies;
				  and
(i) Understanding of public
				  health concepts and health literacy; and
(4) Include an objective knowledge
				  assessment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.02 - Community Health Worker Certification Training Programs › Section 10.68.02.04 - Action on Application

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application Review. Upon receipt of a completed application, the Department
				  shall:
(1) Accept and review applications for
				  accreditation of a CHW certification training program in accordance with a
				  schedule established by the Department and made publicly available;
(2) Acknowledge receipt of an application
				  within 10 calendar days after receiving the application;
(3) Act on an application within 60 calendar
				  days after the training program has met all the application requirements;
				  and
(4) Make a decision regarding
				  application accreditation within 120 calendar days.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.02 - Community Health Worker Certification Training Programs › Section 10.68.02.05 - Expiration and Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  the Department suspends or revokes a CHW certification training program
				  accreditation, the accreditation is effective for 3 years from the date
				  issued.
B. At least 90 calendar
				  days before the accreditation expires, the Department shall send to the
				  accredited CHW certification training program by electronic or first-class mail
				  to the last known electronic or physical address a renewal notice that states:
(1) The date on which the current
				  accreditation expires;
(2) Any
				  required renewal submission requirements;
(3) The date by which the renewal application
				  shall be received by the Department for the renewal to be issued; and
(4) The amount of a renewal fee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.02 - Community Health Worker Certification Training Programs › Section 10.68.02.06 - Reinstatement of Accreditation Due to Nonrenewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall reinstate the
				  accreditation of a CHW certification training program that has failed to renew
				  their accreditation, if the program:
(1) Has
				  not had the accreditation suspended or revoked;
(2) Applies to the Department for
				  reinstatement of the accreditation before 2 years after the accreditation
				  expires;
(3) Pays to the Department
				  a renewal fee set by the Department in regulation; and
(4) Meets the requirements for accreditation
				  set forth by the Department.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 68 - COMMUNITY HEALTH WORKERS › Chapter 10.68.02 - Community Health Worker Certification Training Programs › Section 10.68.02.07 - Suspension or Revocation of Accreditation of a Training Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  may suspend or revoke the accreditation from any program which:
(1) No longer meets the requirements
				  established under this chapter;
(2)
				  Fails to submit in a timely manner:
(a) Any
				  information requested by the Department; or
(b) Notification of curriculum
				  modification;
(3)
				  Falsifies training program information; or
(4) Fails to comply with applicable laws or
				  regulations.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.02 - Petition for the Adoption of Regulations › Section 11.01.02.01 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition with the
				  appropriate promulgating authority requesting the promulgation, amendment, or
				  repeal of any regulation.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.02 - Petition for the Adoption of Regulations › Section 11.01.02.02 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. A petition
				requesting the promulgation of a regulation shall be in writing and shall
				contain a brief statement of the regulation sought, as well as a statement of
				the reasons in support of the request. The petition shall be signed by the
				petitioner and shall contain his home and business address and his telephone
				number.
B. A petition requesting
				the amendment or repeal of an existing regulation shall be in writing and shall
				fully set forth the regulation as to which the petition has been filed. If the
				petition is for the amendment of a regulation, the changes desired shall be
				completely described, and a brief statement of the reasons for the changes
				requested shall be given. If the petition is for the repeal of a regulation, it
				shall contain a brief statement of the reasons for which repeal is
				sought.
C. Any petition which is
				filed on behalf of other than an individual petitioner, in addition to the
				petitioner identification requirements of §A of this regulation, shall
				give the name, home and business addresses, and telephone number of the
				individual or individuals who have drawn the petition and caused it to be filed
				on behalf of the named petitioner.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.02 - Petition for the Adoption of Regulations › Section 11.01.02.03 - Submission, Consideration, and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall be filed with the appropriate promulgating
				  authority, which shall give the petition its full consideration. Within 60 days
				  after submission of a petition, the promulgating authority shall either deny
				  the petition in writing, stating the reasons for its denial, or initiate
				  appropriate promulgating procedures in accordance with its decision. If a new
				  regulation is adopted, or if an existing regulation is amended or repealed by a
				  promulgating authority other than the Secretary, in response to the filing of a
				  petition, it shall be submitted to the Secretary for review and
				  approval.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.03 - Petition for Declaratory Rulings › Section 11.01.03.01 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition for a declaratory
				  ruling with respect to the applicability to any person, property, or state of
				  facts of any regulation promulgated by any unit of the Department, of an order
				  of a unit of the Department, or of any statute enforceable by any
				  unit.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.03 - Petition for Declaratory Rulings › Section 11.01.03.02 - Where to File

Current through Register Vol. 51, No. 14, July 12, 2024
A petition with respect to the applicability of any
				  regulation, order, or statute enforceable by any unit of the Department shall
				  be filed with the appropriate authority.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.03 - Petition for Declaratory Rulings › Section 11.01.03.03 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
Any petition shall be in writing, shall contain a detailed
				  statement of the facts on which the petition is based, shall fully set forth
				  the regulations, orders, or statutes involved, and shall pose the question of
				  whether, and in what manner, the regulations, orders, or statutes apply to the
				  petitioner under the facts contained in the petition. The petition shall
				  contain the name, address, and telephone number of the petitioner, and shall
				  contain a statement by the petitioner, under oath, that the facts contained in
				  the petition are true.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.03 - Petition for Declaratory Rulings › Section 11.01.03.04 - Consideration and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
The unit with which the petition has been filed shall
				  consider the petition and may issue the declaratory ruling requested. The
				  considering authority may require argument on the petition. Any declaratory
				  ruling which may issue binds the unit and the petitioner on the facts set forth
				  in the petition. Any declaratory ruling issued by a promulgating authority
				  shall be in writing and shall state the reasons for the decision. A copy of the
				  declaratory ruling shall be mailed to the petitioner.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.04 - Open Meetings › Section 11.01.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter contains procedures regarding the conduct of
				  persons attending open meetings, and the recording and broadcasting of open
				  meetings.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.04 - Open Meetings › Section 11.01.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Maryland
				Department of Transportation and includes the Office of the Secretary, all
				units in the Department as set forth in Transportation Article, §
										2-107, Annotated Code
				of Maryland, and all boards, commissions, authorities, and councils within the
				Department, except for the Maryland Port Commission and Maryland Port
				Administration.
(2) "Open session"
				means any meeting of the Department required to be open to the public pursuant
				to the Open Meetings Act, State Government Article, Title 10, Subtitle 5,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.04 - Open Meetings › Section 11.01.04.03 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				general public is invited to attend and observe any open session of the
				Department.
B. Except in instances
				when the Department expressly invites public testimony, questions, comments, or
				other forms of public participation, or when public participation is otherwise
				authorized by law, a member of the general public attending an open session may
				not participate in the session.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.04 - Open Meetings › Section 11.01.04.04 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				individual attending an open session of the Department may not engage in any
				conduct, including but not limited to visual demonstrations such as the display
				of placards, signs, or banners, that disrupts the session or interferes with
				the right of members of the public to attend and observe the session.
B. The presiding officer may:
(1) Order a person who engages in conduct
				prohibited by §A of this regulation or who violates any other regulation
				concerning the conduct of the open session to be removed from the
				session;
(2) Request police or
				other assistance to restore order; and
(3) Recess the open session while order is
				restored.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.04 - Open Meetings › Section 11.01.04.05 - Recording, Photocopying, and Broadcasting of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member of the
				general public, including any representative of the news media, may:
(1) Record discussions of the Department at
				an open session by means of a tape recorder or other recording device if the
				device does not create noise that disturbs members of the Department or others
				attending the open session;
(2)
				Photograph or videotape the proceedings of the Department at an open session if
				the camera is operated without excessively bright artificial light or noise
				that disturbs members of the Department or others attending the open
				session.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.04 - Open Meetings › Section 11.01.04.06 - Recordings Not Part of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session by a member of the public,
				  including a representative of the news media, or any transcript derived from a
				  recording, is not a part of the record of any proceeding of the open
				  session.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.01 - Meetings; Quorum; Votes

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall meet for hearings and other purposes at the
				  call of the Chairman. Unless otherwise designated by the Chairman, meetings
				  shall be held at the headquarters building of the Department of Transportation.
				  Five members shall constitute a quorum for the hearing of appeals. Four members
				  shall constitute a quorum for all other meetings. Decisions shall be by a
				  majority vote of those present.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.02 - Vice-Chairman; Acting Chairman

Current through Register Vol. 51, No. 14, July 12, 2024
At the first meeting of the Board in each calendar year, the
				  Board shall elect a Vice-Chairman to serve until his successor has been
				  elected. The Vice-Chairman shall preside at meetings as acting chairman in the
				  absence of the Chairman, and shall perform all the functions and shall have all
				  the powers of the Chairman in the event of the absence from the State or the
				  disability of the Chairman. Any other member of the Board may be designated as
				  temporary acting chairman by the Chairman or, in his absence, by the
				  Vice-Chairman.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.03 - Scope of Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to
				Transportation Article, §2-505(b), Annotated Code of Maryland, the Board
				shall hear and determine appeals from the adoption of regulations by the
				Secretary of Transportation or by any administration or other agency within the
				Department. Regulations subject to review shall be as defined in State
				Government Article, §
									10-101(e),
				Annotated Code of Maryland. As set forth in State Government Article, §
									10-125, Annotated
				Code of Maryland, a complainant may initiate the appeal procedure when it
				appears that the regulation or its threatened application interferes with or
				impairs, or threatens to interfere with or impair, the legal rights or
				privileges of the complainant.
B.
				The appeal shall be based upon the allegation that the regulation violates
				constitutional provisions, exceeds the statutory authority of the agency, or
				was adopted without compliance with statutory promulgating
				procedures.
C. In addition, the
				Board shall hear and determine appeals from those actions or failures to act by
				any administration or agency within the Department of Transportation for which
				the Secretary, by regulation, provides for review by the Board.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.04 - Initiation of Review by Promulgating Authority: Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. A complainant seeking to appeal the
				adoption of a regulation, within the meaning of State Government Article,
				§
									10-101(e),
				Annotated Code of Maryland, by the Secretary of Transportation or by any
				administration or agency within the Department, shall first file a complaint in
				writing to the chief executive officer of the administration or other agency
				which has promulgated the regulation, within 30 days after the complainant
				knows, or with the exercise of ordinary diligence should have known, that the
				complainant is aggrieved.
B. Unless
				an extension of time has been agreed upon by the parties, the chief executive
				officer of the administration or agency shall render a decision within 30 days
				of the filing of the complaint.
C.
				A copy of the decision shall be sent to the complainant by certified mail,
				return receipt requested.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.05 - Initiation of Review by the Board: Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeals to the Board of Review shall be
				filed with the Board within 30 days after the complainant has received a copy
				of the decision as provided for in Regulation .04 of this chapter.
B. If no decision on the complaint has been
				sent to the complainant, an appeal may be filed within 30 days from the time
				the decision should have been made pursuant to Regulation .04 of this
				chapter.
C. The Board, for good
				cause shown, may extend the time within which an appeal shall be filed, if a
				motion for the extension is filed with the Board within 30 days from the time a
				filing of an appeal is required by this regulation.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.06 - Appeal Docket; Time and Place of Hearings; Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. When an appeal of a regulation has been
				filed with the Board of Review, The Board shall docket the appeal in its docket
				book which shall be available for public inspection during regular business
				hours.
B. Appeals shall be assigned
				for hearing by the Chairman, and, insofar as feasible, in the sequence in which
				they are filed, provided that appeals filed with inadequate information may not
				be assigned for hearing until the appeal information has been satisfactorily
				completed. The Chairman may advance the date for hearing of any appeal or
				postpone the hearing date. Dates of hearing shall be noted on the
				docket.
C. The Board shall give
				notice of the date and place of hearing by certified mail, receipt requested,
				to the complainant and any other parties appearing on the Board's docket, not
				more than 30 days or less than 15 days before the date of hearing. The Chairman
				may designate additional means of notice in any case.
D. Appeals set for hearing on a particular
				day shall be heard in the order designated by the Chairman. Appeals not heard
				on the day set, or not concluded on the day set, shall be reset or continued to
				a future day. If the day to which the appeal is reset or continued is announced
				at the hearing meeting, it is not necessary to give further notice of the date
				of hearing to which the appeal is continued.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.07 - Conduct of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Hearings shall be conducted generally in the following order:
(1) Call of the case by the presiding
				officer;
(2) Disposition of any
				preliminary matters;
(3) Opening
				statements of the parties;
(4)
				Presentation of evidence in the following order:
(a) Complainant,
(b) Interested administrative
				officers,
(c) Other
				parties,
(d) Rebuttals in the same
				order;
(5) Closing
				arguments.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.08 - Forms and Content of Appeal Before the Board of Review

Current through Register Vol. 51, No. 14, July 12, 2024
Appeals shall be filed in the following form or in a form
				  substantially similar to this form:
(FORM) BEFORE THE BOARD OF REVIEW OF THE DEPARTMENT OF
				  TRANSPORTATION
(Name and Address) (Complainant)
Vs.
(Official or Administration appealed from See Rule 4.)
				  (Respondent)
APPEAL NO.
1.
				(Name), Complainant, appeals from: (Here set forth the decision made by the
				Administrator when requested by complainant to review a regulation promulgated
				by his Administration, or the failure of the Administrator to render a
				decision. Included also shall be a statement that the complainant has complied
				with the requirements of Regulation .04.)
2. The issue involved in this appeal is:
				(Here set forth, in sufficient detail, the grounds upon which the appeal is
				subject to review by the Board under Regulation .03 the grounds upon which the
				Regulation is challenged, and the alleged error of the respondent.)
3. Complainant also desires to state as
				follows: (Here set forth any other comments or matters complainant believes are
				proper, necessary, or desirable to include in this notation of
				appeal.)
4. List the name, address,
				and telephone number of each complainant.
Signed: (Complainant) Address and Telephone
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.09 - Pleadings and Motions in Appeals; Service; Parties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Answer. The respondent in an appeal shall
				file an answer to the appeal and an interested individual may file an answer to
				the appeal.
B. Pleadings and
				Motions.
(1) A party may file motions or other
				pleadings.
(2) Each party's name,
				address, and telephone number, or that of the party's counsel, shall be stated
				on each motion or pleading.
(3) The
				form and content of pleadings, except as otherwise set forth in these
				regulations, shall be generally in accordance with the practice in the courts
				in this State.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.10 - Practice in Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
Any person may appeal to the Board in proper person or by an
				  attorney admitted to practice before the Court of Appeals of Maryland, in good
				  standing, representing the complainant. At the hearing, any party may proceed
				  in proper person, or by the attorney. Corporations may appeal and proceed at
				  the hearing by the attorney or by an officer of the corporation duly authorized
				  to do so by a resolution of the board of directors of the corporation (or in a
				  close corporation with no board of directors by the stockholders or sole
				  stockholder in accordance with its charter) filed with the Board. Unless the
				  resolution has been filed, the Board may not accept an appeal signed by the
				  corporate officer or permit the corporate officer to proceed at the
				  hearing.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.05 - Board of Review of the Department of Transportation › Section 11.01.05.11 - Transcript Record in Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A stenographic record or sound tape record shall be taken in
				  each appeal. It is not necessary to transcribe the record unless so ordered by
				  the Chairman or the Board. Any party may order a transcript at the expense of
				  that party, and any party taking an appeal to the courts shall order and obtain
				  a transcript at the expense of the party so appealing. The Board may require a
				  party granted a rehearing to order and obtain a transcript at the expense of
				  that party. Whenever a transcript is made, a copy shall be deposited with the
				  secretary of the Board.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.06 - Transportation Planning Process-The Action Plan › Section 11.01.06.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				this chapter, the following document is incorporated by reference.
B. Document Incorporated. The Maryland Action
				Plan (Maryland Department of Transportation, State Highway Administration,
				December, 1993).
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.06 - Transportation Planning Process-The Action Plan › Section 11.01.06.02 - The Action Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Action
				Plan is:
(1) The planning process for State
				highway and other transportation projects; and
(2) Designed to assure that adequate
				consideration is given to possible social, economic, and environmental effects
				of proposed projects, and that decisions on these projects are made in the best
				overall public interest.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.08 - Implementation of The Maryland Environmental Policy Act › Section 11.01.08.01 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is the policy
				of the Department of Transportation that the Department, and each of its
				administrations, agencies, boards, commissions, and other units, conduct its
				affairs with an awareness of its responsibility for the protection of the
				environment for the present and future. The Maryland Environmental Policy Act
				(Act), Chapter 703 of the Laws of 1973, as codified in §§1-301
				-1-305, Natural Resources Article, Annotated Code of Maryland, mandates that
				State agencies, in balancing economic development and environmental quality,
				shall engage in thoughtful consideration of the environmental effects of their
				proposed actions, including: ecological, socio-economic, developmental,
				recreational, historic, architectural, aesthetic, and other values.
				Environmental assessment forms (EAF) and environmental effects reports (EER),
				as defined in the guidelines of the Department of Natural Resources adopted
				pursuant to the Act, will be utilized by the Department to accomplish this
				purpose, as well as to purpose, as well as to increase public participation in
				the planning of Departmental projects and to provide the General Assembly with
				additional social, economic, and natural environmental information to assist it
				in deciding upon legislative appropriations for projects in the annual capital
				budget.
B. The requirements of the
				Act are consistent with and, in many respects, covered by the Maryland Action
				Plan adopted by the Department as COMAR 11.01.06 to document departmental
				policy for the planning and development of all transportation
				improvements.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.08 - Implementation of The Maryland Environmental Policy Act › Section 11.01.08.02 - Statutory Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				"Proposed State action" is defined in the Natural Resources Article, §
									1-301(c)
				as "requests for legislative appropriations or other legislative actions that
				will alter the quality of the air, land or water resources. It does not include
				a request for an appropriation or other action with respect to the
				rehabilitation or maintenance of existing secondary roads."
B. The Act requires environmental effects
				reports only in connection with requests for legislative appropriations or
				legislative actions which significantly affect the environment, natural as well
				as socio-economic.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.08 - Implementation of The Maryland Environmental Policy Act › Section 11.01.08.03 - Environmental Assessment Form and Environmental Effects Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. Environmental
				Assessment Form (EAF).
(1) An EAF will be
				completed for each of the proposed actions identified by the Act and described
				by these guidelines.
(2) The EAF
				(an example of which appears in Regulation .08A) consists of a list of
				questions which can be answered "yes", or "no", or "comments attached". The
				answers to the questions on the environmental assessment form will assist in
				determining whether or not an environmental effects report will be prepared. An
				answer of "yes" will generate a presumption in favor of preparation of an
				environmental effects report. However, this presumption may be overcome by the
				official preparing the assessment form by checking "comments attached" and
				explaining why an action in his opinion needs no environmental report even
				though some of the questions of the EAF are answered affirmatively.
(3) It is anticipated that the use of the EAF
				early in the decision-making process will promote the objectives of the Act by
				stimulating consideration by the Department of environmental and socioeconomic
				effects of the proposed action.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.08 - Implementation of The Maryland Environmental Policy Act › Section 11.01.08.04 - Development of Capital Projects Under EAF and EER

Current through Register Vol. 51, No. 14, July 12, 2024
A. Capital Projects.
(1) The activities of the Department involve
				many areas including:
(a) Planning, design,
				and construction of rapid transit, highway, airport, port, rail, and bus
				facilities in the State;
(b)
				Programs of transportation assistance to local and regional bodies;
				and
(c) Regulation of
				transportation operations, mainly through licensing and registration
				requirements.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.08 - Implementation of The Maryland Environmental Policy Act › Section 11.01.08.05 - Circulation

Current through Register Vol. 51, No. 14, July 12, 2024
A major aim of the Maryland Environmental Policy Act is to
				  provide public notice of actions which have environmental effects before
				  legislative action. To that end, the following procedures are
				  established:
A. All environmental
				assessment forms and environmental effects reports shall be available for
				inspection by the public at the operating administration within the Department
				which prepared the reports, and copies will be available from the Department
				upon written request free of charge to the fullest extent possible.
B. The Department shall file copies with the
				State Clearinghouse which will prepare a list by title of every environmental
				effects report or environmental assessment form filed in the preceding month,
				naming the Department and including a short description of the locale affected
				and the amount of funds requested. Monthly, the list will be distributed by the
				State Clearinghouse to:
(1) All members of the
				State General Assembly;
(2)
				Selected State agencies;
(3) All
				newspapers, private citizens, and citizen groups who request the listing and
				pay a subscription fee.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.08 - Implementation of The Maryland Environmental Policy Act › Section 11.01.08.06 - Related Federal Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Many programs and projects of the Department use federal funds and are
				therefore subject to national environmental requirements. Most of these
				projects, for example, come within the coverage of the National Environmental
				Policy Act (NEPA), passed by the Congress in 1969 and effective as of January
				1, 1970. In many respects, the environmental impact statement and the
				environmental effects report required under the Maryland Environmental Policy
				Act (ACT) are similar both in purpose and in content.
B. The federal law and the State law clearly
				overlap in many respects. The Maryland Department of Transportation feels it
				would be inefficient to duplicate the effort involved in preparing a separate
				State environmental effects report on any program or project for which a
				federal environmental impact statement is also required. Therefore, one report
				will be developed covering the requirements under both laws.
C. When a program or project of the Maryland
				Department of Transportation comes under the National Environmental Policy Act
				and the responsible federal official issues a Finding of No Significant Impact
				(FONSI) (a statement which says that in his view the proposal does not
				significantly affect the quality of the human environment nor is it a major
				federal action and therefore an environmental impact statement is not
				required), that FONSI will be included with the environmental assessment form,
				and no environmental effects report will be developed.