reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Attendant Care Program provides financial reimbursement
				  to assist individuals with severe chronic or permanent physical disabilities
				  who require attendant care services to direct their own care and select their
				  own service providers. Reimbursement may be available for attendant care
				  services that are provided in the home, school, workplace, or other community
				  locations.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.02 - 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) "Advanced payment" means a reimbursement
				payment that:
(a) Is requested by a
				participant for a future pay period; and
(b) Is not greater than the participant's
				approved maximum reimbursement.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible
				for the Program, an applicant:
(1) Shall be a
				resident of Maryland;
(2) Shall be
				at least 18 years old and younger than 65 years old at the time of initial
				enrollment in the Program;
(3)
				Shall be determined by the applicant's attending physician, registered nurse,
				or certified nurse practitioner to have a severe chronic or permanent physical
				disability that:
(a) Precludes or impairs the
				independent performance of essential activities of daily living, instrumental
				activities of daily living, self-care, or mobility as determined by the
				standard assessment of functional capability form; and
(b) Is subject to eligibility review at a
				frequency determined by the Department, if the condition is likely to
				improve;
(4) May not
				have an annual adjusted gross income greater than $119,999.00;
(5) May not be receiving duplicative services
				as defined in Regulation .02B of this chapter;
(6) Shall meet the requirements of Regulation
				.04B(1) or (2) of this chapter; and
(7) Shall agree to abide by the Program
				requirements by signing an attendant care agreement form at the time of initial
				enrollment and at the request of the Program Director if any circumstances
				change for the individual or the Program.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.04 - Limitations on Service and Participation in the Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program Director shall limit Program
				participation to the number of participants whom the Program's budget can
				serve. If sufficient funds are not available, the Department may limit the rate
				of payment under the sliding reimbursement scale.
B. The Program Director shall limit Program
				participation to achieve the following demographic:
(1) At least 50 percent of the participants
				shall be:
(a) Self-employed or competitively
				employed with compensation;
(b)
				Actively seeking employment and reasonably be expected to become employed
				within 6 months of the date of application approval, which the Program Director
				may extend an additional 6 months; or
(c) Attending an institution of
				postsecondary, higher education, or apprenticeship training program;
				and
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.05 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				shall apply for financial assistance by submitting a completed and signed
				Program application, to include the standard assessment of functional
				capability, to the Department.
B.
				The Program Director or designee shall determine an applicant's eligibility in
				accordance with Regulation .03 of this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.06 - Priority for Approval of Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program Director shall approve
				applications and enroll eligible applicants for financial assistance based upon
				the availability of Program funds.
B. Waiting List.
(1) The Program Director shall establish a
				waiting list of eligible applicants if:
(a)
				Program funds are not available; or
(b) The demographics of the Program do not
				meet the requirements under Regulation .04B of this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.07 - Payment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A participant
				shall submit a signed certification of service form in accordance with the
				Program's fiscal payment schedule.
B. Reimbursement shall be made in compliance
				with the attendant care agreement and Regulation .04A of this
				chapter.
C. The Department may
				return improperly completed forms to the participant without making
				payment.
D. The Department may
				return the certification of service form to the participant without making
				payment if more than two pay periods have passed since the date of
				service.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.08 - Advanced Payments

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				participant may request a payment advance by submitting an advanced payment
				request form.
B. Advanced payment
				requests are limited to the following circumstances:
(1) A participant may request up to two
				advanced payments in any 1 fiscal year; and
(2) Not more than one advanced payment may be
				outstanding at any time.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.09 - Participant's Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A participant shall:
(1) Select, hire, train,
				supervise, terminate, and pay the attendant, including payment of applicable
				federal and State employment taxes;
(2) Maintain accurate records of hours and
				days that attendant care services are provided;
(3) Prepare and submit all billing forms in
				accordance with the Fiscal Payment Schedule;
(4) Reimburse the Department for any
				overpayment;
(5) Reimburse the
				Department for any outstanding advanced payment;
(6) Submit all required documentation to
				determine continued eligibility for participation in the Program at least once
				every 12 months, or more often as requested by the Program Director;
				and
(7) Comply with the attendant
				care agreement requirements, and provide a signed copy to the Department at the
				initial eligibility determination and at the request of the Department at any
				time thereafter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.10 - Participant's Rights

Current through Register Vol. 51, No. 14, July 12, 2024
Pursuant to Human Services Article, §
									1-201, Annotated Code
				  of Maryland, the Program may not release information about a participant or an
				  applicant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.11 - Quality Assurance Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Department shall establish a quality assurance plan to review Program
				administration and ensure compliance with this chapter.
B. Home visits may be conducted as a part of
				the quality assurance plan.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.12 - Termination

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary of the Department or a designee of the
				  Secretary may terminate enrollment if:
A. A participant no longer meets the
				eligibility requirements;
B. A
				participant refuses to comply with the requirements of this chapter;
				or
C. Sufficient Program funds are
				not available.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.13 - Financial Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Program Director shall establish a sliding reimbursement scale to determine a
				participant's reimbursement rate.
B. The participant's reimbursement rate shall
				be based on:
(1) The participant's adjusted
				annual gross income;
(2) The number
				of persons dependent on household income including the participant's spouse,
				and minors younger than 18 years old; and
(3) The participant's cost of attendant care
				services.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 11 - PROGRAM SERVICES › Chapter 14.11.01 - Attendant Care Program › Section 14.11.01.14 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant or
				participant may appeal eligibility and termination determinations by requesting
				an appeal hearing which shall be held in accordance with COMAR
				28.02.01.
B. If the Program
				notifies an applicant or participant of an action to deny, delay, suspend,
				reduce, or terminate assistance, the Program Director or designee shall give
				written notification of the right to appeal and the procedures for requesting
				an appeal hearing to the applicant or participant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.01 - Petition of Appeal-Form and Content*

Current through Register Vol. 51, No. 14, July 12, 2024
-----------FOOTNOTE----------- *Forms of Petitions will be
				  supplied by the Clerk's office on request. ---------
A. All proceedings shall be initiated by
				filing with the Court a Petition of Appeal. In an appeal by a taxpayer, the
				Supervisor of Assessments, the State Department of Assessments and Taxation, or
				other initial assessing or taxing authority, as the case may be, shall be
				designated as Respondent. In an appeal by an assessing or taxing authority or
				representative thereof, the taxpayer shall be designated as
				Respondent.
B. There shall be no
				fee for filing a Petition in the Court.
C. Each paragraph of the Petition shall be
				separately numbered. It shall set forth succinctly the nature of the case, the
				facts involved, and the question or questions to be reviewed by the Court, as
				provided by Article 81, § 229(a). Where applicable, the Petition shall
				also set forth that the assessment or classification appealed from is illegal,
				specifying the ground or alleged illegality, or that it is erroneous by reason
				of overvaluation or undervaluation, or that the assessment is unequal in that
				it has been made at a higher proportion of value than other property of the
				same class or the Petition may assign any other errors which exist in the
				particular case for which an appeal is allowed, and on account of which the
				Petitioner claims to be injured, as provided by Article 81, §
				256(b).
D. One complete, accurately
				conformed copy of each Petition of Appeal shall be filed with the signed
				original.
E. A letter or other
				written communication from the party wishing to appeal or his representative,
				although not conforming to the provisions of § C, may be considered an
				informal Petition if it is filed within the statutory time for filing an
				appeal. In such event the Court by order shall require that a formal Amended
				Petition of Appeal be filed which complies with the provisions of this Rule, or
				may require such explanations, amendments and/or additions as may be necessary
				or desirable, so that the case may be properly tried and determined. If such
				order is not complied with within the time fixed by the Court in said order,
				the proceedings may be dismissed on the Court's own motion or on motion of the
				opposing party.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.02 - Responsive Pleading-Form and Content-30 Days

Current through Register Vol. 51, No. 14, July 12, 2024
A. Respondent shall, within thirty (30) days
				after being served by mail or otherwise with a copy of a formal Petition of
				Appeal by the Clerk, file with the Court an Answer, Motion to Dismiss, Notice
				of Intention to Defend, or other pleading. In the event that the Respondent's
				first pleading is other than an Answer, or Notice of Intention to defend, the
				Court shall, in its order ruling on such other pleading, specify the time
				within which an Answer shall be filed.
B. An Answer shall be divided into paragraphs
				which shall be separately numbered, and insofar as possible, each paragraph
				shall contain a separate and distinct averment or denial. An Answer shall
				specifically admit, deny or explain the facts alleged by the Petitioner, unless
				the Respondent is without knowledge thereof, in which event it shall be so
				stated; and such statement shall operate as a denial. All the material
				allegations in the Petition of Appeal shall be answered. The proceeding shall
				be deemed at issue when an Answer has been filed.
C. A Notice of Intention to Defend shall
				notify the Court of the Respondent's intention to defend this assessment
				appealed. This pleading may only be filed in response to a Petition of Appeal
				which concerns the assessment of real property. The proceeding shall be deemed
				at issue when such Notice has been filed.
D. Prior to filing, or concurrently
				therewith, a copy of the Answer or other pleading shall be served by mail or
				otherwise on the opposing side and the Answer or other pleading shall contain a
				statement that the copy of said Answer or other pleading has been mailed to or
				otherwise served on the opposing side.
E. One complete, accurately conformed copy of
				each pleading shall be filed with the signed original.
F. All Motions filed with the Clerk in any
				proceeding, shall be considered by the Court Ex Parte unless a hearing is
				requested in the Motion, or in an Answer thereto. The Court may in its
				discretion, require a hearing on any Motion.
G. Should a hearing on a Motion be requested
				by a party or required by the Court, each side shall be limited to fifteen (15)
				minutes of argument unless the Court is notified in writing ten (10) days prior
				to the scheduled hearing that additional time is necessary.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.03 - Signatures, Captions, etc

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Petitions of Appeal, Answers and other pleadings filed with the Court shall be
				signed by the Petitioner or Respondent, as the case may be, or by an attorney
				admitted to practice before the Court of Appeals of Maryland representing such
				Petitioner or Respondent. A pleading by an individual taxpayer shall be signed
				by the taxpayer himself or by his attorney. A pleading by a partnership shall
				be signed by the attorney representing the same, or by a member of the
				partnership. A pleading by a corporation shall be signed by the attorney
				representing the same or by an officer of the corporation. The person signing a
				pleading shall type or print his name, capacity, mailing address and telephone
				number beneath his signature. The Court shall be notified in writing of any
				change in address.
B. All papers
				filed with the Court must be in clear and legible form. Printed forms for
				Petitions furnished by the Clerk may be used, but are not compulsory.
C. All papers shall be bound together at the
				side only, and shall have no backs or covers. The left-hand margin shall be at
				least one and one-half inches wide.
D. All papers shall have a caption and a
				signature.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.04 - Where and When to File Papers

Current through Register Vol. 51, No. 14, July 12, 2024
Papers in connection with any appeal to this Court shall be
				  mailed or otherwise delivered to the Clerk. *
-----------FOOTNOTE----------- *The Clerk's Office on the
				  thirteenth (13th) floor at 501 St. Paul Street, Baltimore, Maryland 21202 is
				  open daily from 8:30 A.M. to 4:30 P.M., Mondays through Fridays, except for
				  legal holidays. The Clerk's phone number is 383-2110. ---------
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.05 - Joinder of Appeals as to Real Property

Current through Register Vol. 51, No. 14, July 12, 2024
Where two or more real properties are in the same ownership,
				  and within the same taxing jurisdiction, they may be included in a single
				  Petition of Appeal whenever there exists any substantial question of law or
				  fact common to all the properties. The Court, however, may order separate
				  Petitions filed if in the Court's opinion the issues involved may not
				  conveniently be disposed of in the same proceeding. Where properties are not in
				  the same ownership, they must be made the subject of separate Petitions of
				  appeal, even though common questions of law or fact may be
				  involved.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.06 - Docketing-Summons-Copies

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of
				a Petition by the Clerk, the proceeding will be entered upon the docket and
				will be assigned a number and the parties will be notified thereof. The docket
				number shall be placed by the parties on all papers thereafter filed in the
				proceeding and referred to in all correspondence with the Court. Pursuant to
				Article 81, § 229(e), upon receipt of a Petition, the Clerk shall
				forthwith issue a summons and subpoena duces tecum to the assessing or taxing
				authority or other agency appealed from, requiring it to produce at the hearing
				the record of the proceedings, as well as all maps, plats, documents and other
				papers connected with the record, or a properly certified copy
				thereof.
B. The Clerk shall send a
				copy of the Petition to the Respondent as designated in Regulation .01A, and to
				the Attorney General in the event of an appeal by the taxpayer, and shall upon
				request, supply a copy of the Petition to the assessing or taxing authority or
				other agency appealed from.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.07 - Notice of Reliance on Other Properties-Service of List-Ten Days

Current through Register Vol. 51, No. 14, July 12, 2024
A. In every case
				where for the purpose of showing equality or inequality of assessment or for
				any other relevant purpose, either party proposes to offer evidence concerning
				any properties (including any properties to be referred to, used or relied upon
				by an expert witness as a basis for his opinion), other than the property which
				is the subject of the appeal, as to:
(1) Sales
				thereof; and/or
(2) Assessment
				thereon; and/or
(3) Construction
				costs thereof; and/or
(4) Income
				therefrom said party shall at least ten (10) days before the date set for
				hearing, serve by mail or otherwise on the opposing side an itemized list of
				such other properties, clearly identifying them by their street addresses, if
				any, or by other means, and giving the name of the owner or reputed
				owner.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.08 - Continuances

Current through Register Vol. 51, No. 14, July 12, 2024
Once a case has been set down for a hearing, a request for a
				  continuance shall be granted only upon written request and order of Court,
				  except that the Court may, for good cause shown, waive the requirement of a
				  written request and order. The written request shall set forth in detail the
				  reasons for said request, and the Court shall have the right to require such
				  documentary proof of said reasons as it may deem proper. Prior to filing, or
				  concurrently therewith, a copy of said request shall be served by mail or
				  otherwise on the opposing side and the request shall contain a statement that a
				  copy of said request has been mailed to or otherwise served on the opposing
				  side.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.09 - Summonses and Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				original and two signed copies of requests for summonses and/or subpoenas duces
				tecum shall be delivered to the Clerk at least five (5) working days before the
				date the case is scheduled for trial. The signature of such request shall be
				taken as a guarantee of any Sheriff's cost for making service of the summons or
				subpoena.
B. Failure to obey a
				summons or subpoena of this Court, lawfully issued and served, may subject the
				person guilty of such failure to contempt proceedings pursuant to Chapter 757
				of the Acts of 1959, Article 81, § 231.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.10 - Consolidation

Current through Register Vol. 51, No. 14, July 12, 2024
A. When Petitions
				involving a common question of law or fact are pending, the Court, on its own
				motion, or upon application of any party for good cause shown, may order a
				joint hearing or trial of any or all of the matters in issue; order any or all
				of the cases consolidated for trial; and make such orders governing the
				proceedings as may tend to avoid unnecessary costs or delay.
B. When subsequent petitions involve the same
				issues as a petition previously filed, the Court may order said subsequent
				petitions withheld from the hearing docket to abide the ultimate result of the
				hearing of the prior petition, or any appeals therefrom.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.11 - Conduct of Hearings, Briefs, and Memoranda of Grounds for Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. As provided by
				Article 81, § 229(c), proceedings before the Court shall be de novo, and
				shall be conducted in a manner similar to the proceedings in the Courts of
				Equity in this State. Opening statements and closing arguments shall be
				permitted each party, the Court reserving the right to determine the time limit
				thereof. Each party shall have the right to introduce testimony, offer exhibits
				and cross-examine adverse or hostile witnesses. The Court shall not be bound by
				the technical rules of evidence, but the testimony of witnesses must be
				responsive to questions asked and must be relevant to the issues of the case.
				Each party may submit a brief or written memorandum within such time after the
				hearing as may be determined by the Court. An original of any brief or
				memorandum, together with a copy for each judge who participated in the
				hearing, shall be filed with the Clerk, and a copy shall be served by mail or
				otherwise on the opposing side.
B.
				The Court shall upon motion of any party, made at any time prior to the
				expiration of the time for appeal, dictate to the court stenographer or
				reporter, or prepare and file with the clerk a brief statement of the grounds
				for its decision.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.12 - Computing Time

Current through Register Vol. 51, No. 14, July 12, 2024
In computing any period of time prescribed or allowed by
				  these Rules the day of the act or event after which the designated period of
				  time begins to run is not to be included. The last day of the period so
				  computed is to be included unless:
(1) it is a Saturday, Sunday or a legal
				holiday, in which event the period runs until the end of the next day which is
				neither a Saturday, Sunday or a holiday; (2) the act to be done is the filing
				of some paper in this Court, and the office of the Clerk of this Court on said
				last day of the period is not open, or is closed for a part of a day, in which
				event, the period runs until the end of the next day which is neither a
				Saturday, Sunday, a legal holiday, or a day on which the said office is not
				open the entire day during ordinary business hours. When the period of time
				allowed is more than seven (7) days, intermediate Saturdays, Sundays and
				holidays shall be considered as other days; but if the period of time is seven
				(7) days or less, intermediate Saturdays, Sundays, and holidays shall not be
				counted in computing the period of time.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.13 - Pretrial Conference

Current through Register Vol. 51, No. 14, July 12, 2024
In any proceeding, the Court may in its discretion direct the
				  parties or their attorneys to appear before it, for a pretrial conference to
				  consider such matters as may aid in the disposition of the
				  case.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.14 - Further Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. If any party
				to a proceeding shall appeal from a final order of this Court to the Circuit
				Court of any county or to the Baltimore City Court of Baltimore City, such
				party shall be required to order and furnish the Maryland Tax Court with a
				transcript of the testimony and shall be charged with the expense of such
				transcription, unless the parties shall agree upon a statement in lieu of
				record as provided by Rule B7 of the Maryland Rules of Procedure.
B. In all cases of appeal from the Court's
				final order, the Court shall file and include in the record of the case its
				findings of fact and conclusions of law on which it based its decision and
				order.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 12 - TAX COURT › Chapter 14.12.01 - Rules of Procedure › Section 14.12.01.15 - Hearing Examiners

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Court may assign all cases involving the assessment of Real Property to a
				Hearing Examiner.
B. The Hearing
				Examiners shall hear the evidence presented and promptly thereafter provide the
				Clerk with a written recommendation.
C. Copies of the recommendation shall be sent
				by mail to all parties of record, before submission to the Court. Within 15
				days of the date of mailing, a party may file Exceptions with the Clerk, with a
				copy to be served by mail or otherwise on the opposing side, or sides,
				concurrently. Within that period or within 15 days after service (date of
				mailing plus 3 days) of the first Exceptions, whichever is later, any other
				party may file an Exception or Response. An Exception or Response is to be in
				writing and is to set forth the asserted error with particularity. Any matter
				not specifically set forth in the Exceptions is waived unless the Court finds
				that justice requires otherwise. The Court may not consider the Exceptions
				filed by any party who fails to comply with any of the above
				procedures.
D. The recommendation
				will be submitted to the Court after the time period allowed for the filing of
				Exceptions in § C of this regulation. The Court, in its discretion, may
				require a hearing.
E. The Court
				shall either adopt, modify or reject the recommendation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The procedures established in this chapter are applicable to
				  the procurement of supplies, services, and construction including leasing
				  personal property as a lessee. The Authority is not subject to the State
				  Finance and Procurement Article, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.02 - Conflict of Interest

Current through Register Vol. 51, No. 14, July 12, 2024
The members of the Authority, its Executive Director, and
				  staff members are required to comply with the conflict of interest provisions
				  found in the General Provisions Article, Title 5, Subtitle 5, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.03 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				does not apply to the following:
(1)
				Contracts with or procurement from:
(a) A
				State agency or unit,
(b) A
				political subdivision of the State,
(c) An agency of a political subdivision of
				the State,
(d) A government,
				including the government of another state or the United States,
(e) An agency or political subdivision of the
				State, or
(f) A bistate,
				multistate, bicounty, or multicounty governmental agency;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.04 - 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) "Authority" means the Northeast Maryland
				Waste Disposal Authority.
(2)
				"Board" means the Board of Directors of the Authority.
(3) "Executive Director" means the Executive
				Director of the Northeast Maryland Waste Disposal Authority.
(4) "Person" has the meaning stated in
				Natural Resources Article, §
										3-101(j),
				Annotated Code of Maryland.
(5)
				Proposal.
(a) "Proposal" means the response
				by an offeror to a request for proposals to obtain supplies, services, or
				construction.
(b) "Proposal" may
				include, without limitation, an offeror's price, description of technical
				expertise, work experience, and other information requested in the
				solicitation.
(6)
				"Responsible" means a person who has the capability in all respects to
				dutifully perform fully the contract requirements, and the integrity and
				reliability that ensures good faith performance.
(7) "Responsive" means a bid or offer
				submitted in response to a solicitation that conforms in all material respects
				to the requirements contained in the solicitation.
(8) "Services" means the rendering of time,
				effort, or work, rather than the furnishing of a specific physical product
				other than reports incidental to the required performance.
(9) "Supplies" means all tangible personal
				property, including equipment, leases of equipment, and insurance, including
				any incidental services.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.05 - Procurement Authority

Current through Register Vol. 51, No. 14, July 12, 2024
The power to contract on behalf of the Authority for the
				  procurement of materials, supplies, or services and construction shall be
				  vested in the Executive Director. The Executive Director may, with the approval
				  of the Authority, delegate this power to other staff members. The Executive
				  Director may exercise any responsibility of the Authority set forth in these
				  regulations. However, contracts and orders involving the expenditure of more
				  than $10,000 shall be awarded only by resolution of the Authority upon
				  recommendation of the Executive Director.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.06 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
Advertising, when used, shall be placed in one or more
				  newspapers of general circulation serving the area where the procurement is
				  required, or eMaryland Marketplace. Wider range advertising, including
				  advertising in professional and trade publications, may be employed at the
				  discretion of the Executive Director. The advertisement shall describe the
				  materials, supplies, equipment, or services required, pertinent information as
				  to submission of bids, proposals or qualification statements, and shall
				  identify a staff member of the Authority who can respond to inquiries
				  concerning the procurement.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.07 - Methods of Procurement

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				purchases shall be awarded by one of the following methods:
(1) Competitive sealed bidding;
(2) Competitive negotiation;
(3) Small procurement procedures, when
				permitted by Regulation .14 of this chapter;
(4) Revised bids after competitive sealed
				bidding where all bids are rejected;
(5) Sole source procurement, when permitted
				by Regulation .11 of this chapter;
(6) Emergency procurement, when permitted by
				Regulation .12 of this chapter; or
(7) Intergovernmental cooperative purchasing
				as that term is defined in State Finance and Procurement Article, §
										13-110,
				Annotated Code of Maryland, and COMAR 21.05.09.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.08 - Prequalification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Authority
				may require prequalification of bidders regardless of the method of procurement
				selected.
B. Method of
				Prequalification.
(1) The Authority shall
				issue a request for qualifications.
(2) The Authority may invite some or all
				persons and entities seeking to become qualified to participate in oral
				interviews. The interviews will become part of the responses to a request for
				qualifications.
(3) The Authority
				may require some or all persons and entities seeking to become qualified to
				submit additional data and information, which will become part of the
				responses.
(4) The Authority shall
				evaluate the responses and shall rank each response in accordance with
				evaluation criteria.
(5) By
				applying the evaluation criteria, the Authority shall establish a short-list
				composed of a minimum of two and, in general, a maximum of five persons or
				entities.
(6) The Authority shall
				notify those who qualified for the short-list that they have qualified and that
				they can anticipate a request for proposals, an invitation to bid, or,
				depending on the method of procurement selected by the Authority, an invitation
				to participate in negotiations.
(7)
				The Authority shall notify those who did not qualify.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.09 - Guidelines for Competitive Sealed Bidding

Current through Register Vol. 51, No. 14, July 12, 2024
A. Bids shall be submitted in a sealed
				envelope marked with the bidder's name. All bids will be publicly opened at the
				time and place stated in the request.
B. Award shall be made with reasonable
				promptness after the date of bid opening to that person or entity with the
				lowest bid which is both responsible and responsive.
C. All bids may be rejected if the Authority
				determines that it is in the public interest to do so.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.10 - Guidelines for Competitive Negotiation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A special form or procedure is not
				prescribed for procurement by competitive negotiation. The request shall be in
				writing and shall describe the procurement in sufficient detail to provide an
				understanding of what is required, but should not be unnecessarily restrictive
				so as to preclude or limit competition. The request shall state applicable
				dates for the submission of proposals, and any other information which may be
				necessary and useful, including evaluation criteria.
B. Precautions shall be taken to avoid
				prejudice in the selection of a source of supply, and to assure that a fair and
				reasonable price is obtained. This section does not preclude the Authority from
				making an award when only one proposal is received by the Authority after
				advertising.
C. The Authority may
				conduct oral negotiations before or after the receipt of proposals. The purpose
				of the negotiation is to promote understanding of the Authority's requirements
				and the offerors' proposals and to facilitate arrival at a contract that is
				most advantageous to the Authority. The Authority may require offerors to
				submit best and final offers after negotiations.
D. The Authority shall make an award to the
				offeror whose proposal or, if applicable, best and final offer, after giving
				effect to the understanding gained during negotiations, is determined to be
				most advantageous to the Authority.
E. The Authority may abandon a procurement by
				competitive negotiation if it is determined to be in the public interest to do
				so.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.11 - Sole Source Procurement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Condition for Use. Sole source procurement is not permissible unless a
				requirement is available from only a single vendor.
B. The determination as to whether a
				procurement shall be made as a sole source shall be made by the Executive
				Director, and approved by the Board. The determination and the basis for it
				shall be in writing. The Authority may not award a contract to a sole source
				before the Board's approval, except as allowed in Regulation .14 of this
				chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.12 - Emergency Procurement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Application. The Authority may award an emergency contract by means other than
				competitive sealed bidding or competitive negotiation under Regulation .09 or
				.10 of this chapter.
B. Scope.
				"Emergency" means a sudden and unexpected occurrence or condition which the
				Authority could not reasonably foresee and which requires an action to avoid or
				to mitigate damage to the environment or to health, safety, or welfare. An
				emergency procurement is limited to the procurement of only those items
				necessary to avoid or to mitigate the damage to the environment or to health,
				safety, or welfare.
C. Competition.
				The Authority shall reasonably attempt to obtain such competition as is
				consistent with meeting the time requirements of the emergency.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.13 - Supplemental Work

Current through Register Vol. 51, No. 14, July 12, 2024
The Authority need not follow the procurement process as set
				  forth in these regulations when the procurement is for supplemental work,
				  substantially related to work previously awarded by the Authority by
				  competitive sealed bidding or competitive negotiation, and where further
				  competitive procurement would not enhance the public
				  interest.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.14 - Small Procurement Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
Materials, supplies, equipment, and services may be procured
				  by open market purchase or sole source award when the amount involved is
				  anticipated to be less than $2,500 in the aggregate on an annual basis for a
				  particular procurement. Procurement by open market purchase or sole source
				  award in amounts over $2,500, but less than $10,000, is permitted when the
				  materials, supplies, equipment, and services are of a unique and special
				  nature, or when public exigency will not permit the delay incident to
				  competition. In this event, a memorandum justifying the action and signed by
				  the Executive Director shall be filed with the official records of the
				  Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.15 - Contracts Voidable for Noncompliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board determines that a procurement
				violates this chapter, the Board may determine that the procurement contract is
				voidable rather than void if the Board finds that:
(1) All parties have acted in good
				faith;
(2) Ratification of the
				procurement contract would not undermine the purposes of this chapter;
				and
(3) The violation, or series of
				violations, was insignificant or otherwise did not prevent substantial
				compliance with this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.01 - Procurement Procedures › Section 14.13.01.16 - Bid Protests

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time
				Restrictions.
(1) A protest based upon
				alleged improprieties in a solicitation that are apparent before bid opening or
				the closing date for receipt of initial proposals shall be submitted to the
				Director of Finance and Administration before bid opening or the closing date
				for receipt of initial proposals.
(2) For procurement by competitive sealed
				proposals, alleged improprieties that did not exist in the initial solicitation
				but which are subsequently incorporated in the solicitation shall be submitted
				to the Director of Finance and Administration not later than the next closing
				date for receipt of proposals following the incorporation.
(3) In all other cases, protests shall be
				submitted to the Director of Finance and Administration not later than 7 days
				after the basis for protest is known, or should have been known, whichever is
				earlier.
(4) A protest received by
				the Director of Finance and Administration after the time limits of
				§A(1)-(3) of this regulation may not be considered and shall be denied as
				untimely.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.02 - Designation of the Boundary of the Northeast Maryland Waste Disposal Region › Section 14.13.02.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The boundary established in these regulations shall be the
				  basis of the Maryland Environmental Service's designation of the Northeast
				  Maryland Waste Disposal Region as a solid waste disposal service region as
				  provided in Natural Resources Article, §
									3-106, Annotated
				  Code of Maryland, the basis of the Northeast Maryland Waste Disposal
				  Authority's 5-year planning process, and the basis of the establishment of
				  service districts within the Northeast Maryland Waste Disposal Region pursuant
				  to any duly adopted 5-year plan.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.02 - Designation of the Boundary of the Northeast Maryland Waste Disposal Region › Section 14.13.02.02 - Boundary

Current through Register Vol. 51, No. 14, July 12, 2024
The boundary of the Northeast Maryland Waste Disposal Region
				  shall be: To the North, the boundary between the State of Maryland and the
				  Commonwealth of Pennsylvania; to the East, to the extent of county
				  jurisdiction, the Susquehanna River, and the Chesapeake Bay; to the South, a
				  line described by U.S. Routes 50 and 301, from the Preston Lane Jr. Memorial
				  Bridge to a point generally west of the City of Annapolis where this highway
				  intersects with Maryland Route 450 (Defense Highway) and from there following
				  Maryland Route 450 to the intersection of this highway with the boundary
				  between Anne Arundel and Prince George's Counties; and to the West, a line
				  proceeding in a northerly direction along the boundary of Anne Arundel with
				  Prince George's and Howard Counties to its juncture with the boundary of
				  Baltimore County and then northwesterly along the boundary of Baltimore County
				  with Howard and Carroll Counties.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.02 - Designation of the Boundary of the Northeast Maryland Waste Disposal Region › Section 14.13.02.03 - Boundary Revisions

Current through Register Vol. 51, No. 14, July 12, 2024
The boundary defined in Regulation .02 shall be revised only
				  by regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures for filing requests with
				  the Northeast Maryland Waste Disposal Authority for the inspection and copying
				  of records under the Public Information Act, State Government Article,
				  §§
									10-611 -10-628,
				  Annotated Code of Maryland. It is the policy of the Authority to facilitate
				  public access to the records of the Authority, when that access is allowed by
				  law, by minimizing costs and time delays to persons requesting
				  information.