reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.04 - Voting Centers › Section 33.21.04.05 - Security Plan for Voting Center

Current through Register Vol. 51, No. 14, July 12, 2024
A. Security Plan Required. For the proposed voting center, an election director shall submit to the State Administrator a security plan for approval.
B. Contents of Plan.
(1) The security plan shall describe in detail how a local board will keep voting equipment, electronic pollbooks, ballots, and other election equipment and supplies secure during voting and nonvoting hours.
(2) The plan shall include:
(a) A description of each entrance, including windows, to the area where equipment and supplies will be secured during nonvoting hours and how the entrance is secured;
(b) The names and titles of all individuals who have a key or keys to the room where equipment and supplies will be secured during nonvoting hours;
(c) A description of existing building security, such as alarms and closed circuit or Internet accessible cameras, and armed and unarmed guards at the facility; and
(d) Any additional security measures that will be taken during voting and nonvoting hours.
(3) At the request of the State Administrator or when it is considered necessary, an election director shall:
(a) Review and update the security plan; and
(b) If updated, submit within 2 days of updating the plan a copy of the updated plan to the State Administrator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.04 - Voting Centers › Section 33.21.04.06 - Allocation of Equipment, Personnel, and Supplies

Current through Register Vol. 51, No. 14, July 12, 2024
A. Submission of Allocation Plan. The local board shall work with the State Administrator to develop a plan for the allocation of equipment, personnel, and supplies.
B. Plan Requirements. The plan shall include the proposed number of:
(1) Voting units, including accessible voting devices;
(2) Electronic pollbooks;
(3) Election judges; and
(4) Provisional ballot applications.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.05 - Election Judges › Section 33.21.05.01 - Local Board Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local board may appoint an employee to serve as an election judge, if the employee's primary responsibilities during the special election are the duties of an election judge.
B. If a local board appoints an employee to serve as an election judge, the local board shall include this information in the plan required by COMAR 33.21.04.06.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.05 - Election Judges › Section 33.21.05.02 - Number of Election Judges

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each voting center shall have at least two election judges of different political party affiliations to serve as chief judges.
B. Each voting center shall have at least four election judges.
C. For each voting center, the local board shall appoint the number of election judges provided in the plan submitted under COMAR 33.21.04.06 and approved by the State Administrator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.05 - Election Judges › Section 33.21.05.03 - Training of Election Judges

Current through Register Vol. 51, No. 14, July 12, 2024
A. Development of Training Materials. The State Administrator shall develop an election judges" manual, forms, and training materials.
B. Schedule and Materials. No later than 30 days before a special election, the local board shall submit to the State Administrator the:
(1) Schedule for training election judges;
(2) Election judges" manual and forms; and
(3) Training materials.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.06 - Voting Center Procedures › Section 33.21.06.02 - Voting Hours Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Issuing a Ballot.
(1) A voter who votes at a voting center shall receive either a regular ballot or a provisional ballot.
(2) An election judge shall issue:
(a) If the electronic pollbook shows that the local board has received the voter's vote-by-mail ballot, a provisional ballot;
(b) If the electronic pollbook shows that the local board has not received the voter's vote-by-mail ballot, a regular ballot;
(c) If the voter surrenders an unvoted vote-by-mail ballot at a voting center, a regular ballot; or
(d) If the individual's name is on the inactive list, a regular ballot if the individual signs the affirmation required by Election Law Article, §
											3-503(b)(5), Annotated Code of Maryland.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.06 - Voting Center Procedures › Section 33.21.06.03 - Nonvoting Hours Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, the nonvoting hours procedures required by COMAR 33.17.07 apply to voting centers.
B. The requirements of COMAR 33.17.07.04 do not apply to voting centers.
C. After each day of voting, a local board shall return to the local board the receptacle for the voted vote-by-mail ballots, remove all ballots, and return the receptacle for the next day of voting.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.07 - Canvassing › Section 33.21.07.01 - In General

Current through Register Vol. 51, No. 14, July 12, 2024
The procedures specified in COMAR 33.08.01 - .05 and 33.11.04 - .06 apply to canvassing vote-by-mail ballots.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.07 - Canvassing › Section 33.21.07.02 - Ballot Rejection

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The ballot rejection reasons specified in COMAR 33.11.05.03 - .07 apply to canvassing vote-by-mail ballots.
B. Ballot Rejection - Multiple Ballots from the Same Individual.
(1) The local board shall reject a vote-by-mail ballot if the voter cast a ballot in a voting center.
(2) If the local board receives more than one vote-by-mail ballot from the same individual in different envelopes, the local board shall count only the ballot with the later date.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.08 - Post-Election Activities › Section 33.21.08.01 - Post-Election Verification and Audit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. The purpose of the post-election verification and audit program is to:
(1) Demonstrate and confirm the accuracy of the voting system's tabulation logic;
(2) Ensure that each accepted vote-by-mail ballot and provisional ballot met the acceptance criteria and conversely that rejected ballots did not meet the criteria; and
(3) Confirm that the number of ballots cast in a voting center equals the number of voters who checked in to vote at the voting center;
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 21 - SPECIAL ELECTIONS BY MAIL › Chapter 33.21.08 - Post-Election Activities › Section 33.21.08.02 - Release of Voting System

Current through Register Vol. 51, No. 14, July 12, 2024
Once secured, as required by COMAR 33.10, no part of the voting system may be released except:
A. As specifically authorized by law; or
B. On the written authorization of the:
(1) State Administrator for State contests; or
(2) Election Director for county contests.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 22 - DISCLOSURE BY PERSON EMPLOYING A LOBBYIST › Chapter 33.22.01 - Statement of Contribution › Section 33.22.01.01 - Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. A person employing a lobbyist and making an applicable contribution shall file with the State Board no later than the last day of the reporting period the registration statement required under §B of this regulation.
B. Notice Requirements. The registration statement shall include:
(1) The identity of the person employing the lobbyist;
(2) The business address of the person employing the lobbyist;
(3) The name, mailing address, and email address of:
(a) The principal officer of the business entity employing a lobbyist; and
(b) An individual designated as the filer for the person employing a lobbyist; and
(4) The name and address of the lobbyist.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 22 - DISCLOSURE BY PERSON EMPLOYING A LOBBYIST › Chapter 33.22.01 - Statement of Contribution › Section 33.22.01.02 - Required Contents for Statement of Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
The statement of contributions filed by the person employing a lobbyist and making an applicable contribution shall include:
A. The name of the candidate to whom the applicable contribution was made or who benefited from the applicable contribution;
B. The name of the political committee affiliated with the candidate or the independent expenditure entity that received the applicable contribution;
C. If known, the elective office sought by the candidate, or if not known, the elective office held by the candidate;
D. The aggregate applicable contributions attributed to the filer during the reporting period;
E. The aggregate applicable contributions to date attributed to the filer during the election cycle in which the applicable contribution was made;
F. If the applicable contribution was made by a person other than the filer but attributed to the filer, the filer must provide:
(1) The name and address of:
(a) The individual who made the applicable contribution; or
(b) The organization, business entity, union, or other legal entity that made the applicable contribution;
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 22 - DISCLOSURE BY PERSON EMPLOYING A LOBBYIST › Chapter 33.22.01 - Statement of Contribution › Section 33.22.01.03 - Final Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. Closeout Report Required. Once a person employing a lobbyist registers with the State Board under Regulation .01 of this chapter, the person shall file a closeout statement of contributions to cease future reporting obligations.
B. Additional Reports. Failure to file a closeout statement of contributions will require the person employing a lobbyist to file subsequent statements of contributions.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 22 - DISCLOSURE BY PERSON EMPLOYING A LOBBYIST › Chapter 33.22.02 - Penalties › Section 33.22.02.01 - Late Filing Fee

Current through Register Vol. 51, No. 14, July 12, 2024
A. Late Fee Penalty. The State Board shall assess a late filing fee of $10 for each day or part of a day that the statement of contributions is overdue.
B. Maximum Fee. The maximum fee assessed under §A of this regulation is $500.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 22 - DISCLOSURE BY PERSON EMPLOYING A LOBBYIST › Chapter 33.22.03 - Electronic Signature Requirements › Section 33.22.03.01 - Electronic Signature

Current through Register Vol. 51, No. 14, July 12, 2024
For each electronically filed statement of contribution, the filer shall include an electronic signature submitted under the penalty of perjury.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 22 - DISCLOSURE BY PERSON EMPLOYING A LOBBYIST › Chapter 33.22.03 - Electronic Signature Requirements › Section 33.22.03.02 - Acceptance of Electronic Signature

Current through Register Vol. 51, No. 14, July 12, 2024
After the person employing a lobbyist has registered with the State Board, the person shall use any State Board approved password generated by the person for filing statements of contributions.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.01 - Petitions for Adoption of Regulations; Petitions for Declaratory Rulings › Section 34.01.01.01 - Petitions for Adoption of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May File. Any interested person may file a petition with the Secretary of Planning for the promulgation, amendment, or repeal of any Office regulation.
B. Form. The petition shall be in writing and shall contain a brief statement of the regulation or amendment the petitioner proposes and a reference to any prior regulation the petitioner seeks to have amended or repealed. The petition shall also include a brief statement of reasons in support of the proposed change and the name, address, and telephone number of the petitioner.
C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary of Planning, at the main office of the Department of Planning, for consideration and disposition. Within 60 days after the petition is submitted, the Secretary shall consider the petition and either deny it or initiate appropriate procedures to promulgate, amend, or repeal regulations in accordance with the petition. If the Secretary denies the petition in whole or in part, the Secretary shall notify the petitioner in writing, stating reasons. If the Secretary determines to take action in accordance with the petition, the Secretary may modify any language suggested by the petitioner.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.01 - Petitions for Adoption of Regulations; Petitions for Declaratory Rulings › Section 34.01.01.02 - Petitions for Declaratory Rulings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May File. Any interested person may petition the Secretary of Planning for a declaratory ruling with respect to the applicability of any regulation, order, or statute enforceable by the Office of Planning to any person, property, or state of facts.
B. Form. The petition shall be in writing and shall contain a detailed statement of the facts under which the applicability of the regulation, order, or statute is questioned. It shall include the petitioner's name, address, and telephone number and an explanation of the petitioner's interest. The petitioner shall attach a certificate, given under oath, that the facts contained in the petition are true to the best of the petitioner's knowledge, information, and belief.
C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary of Planning, at the main office of the Department of Planning, for consideration and disposition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing of the Secretary's decision, stating reasons.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.02 - Guidelines for Implementation of the Maryland Environmental Policy Act › Section 34.01.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth procedures that the Department of Planning will follow in preparing, reviewing, and circulating environmental assessment forms and environmental effects reports in compliance with the Maryland Environmental Policy Act and Environmental Policy Act Guidelines of the Secretary of Natural Resources.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.02 - Guidelines for Implementation of the Maryland Environmental Policy Act › Section 34.01.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter the following words have the meanings indicated.
B. Terms Defined.
(1) "Clearinghouse" means the State Clearinghouse for Intergovernmental Assistance, a unit of the Department of Planning.
(2) "Department" means the Department of Planning.
(3) "Proposed State action" means 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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.02 - Guidelines for Implementation of the Maryland Environmental Policy Act › Section 34.01.02.03 - General Policy

Current through Register Vol. 51, No. 14, July 12, 2024
If the Department initiates any proposed State action affecting the quality of the environment, or if the Department receives for review or coordination notice of any proposed State action, the Department shall consider:
A. Adverse or beneficial environmental effects that are reasonably likely if the proposal is implemented or if it is not implemented;
B. Measures that might be taken to minimize potential adverse environmental effects or maximize potential beneficial environmental effects; and
C. Reasonable alternatives to the proposed action that might have less adverse environmental effects or greater beneficial environmental effects, including the alternative of no action.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.02 - Guidelines for Implementation of the Maryland Environmental Policy Act › Section 34.01.02.04 - Intergovernmental Review and Coordination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Clearinghouse Responsibilities. The Environmental Policy Act Guidelines of the Secretary of Natural Resources require that a State agency provide to the Clearinghouse a copy of each environmental assessment form and each environmental effects report that the agency prepares. The Clearinghouse shall maintain these copies and make them available for inspection by the public.
B. List of Environmental Assessment Forms and Environmental Effects Reports.
(1) Preparation of List. The Clearinghouse shall prepare a list of the environmental assessment forms and environmental effects reports that it receives.
(2) Contents of List. This list shall include, for each form or report submitted, the following information:
(a) Name of the submitting agency;
(b) Short description of the proposed State action;
(c) Geographic area affected; and
(d) Funding provisions.
(3) Publication of List. The list will be included in the weekly Intergovernmental Monitor, which the Clearinghouse publishes and distributes to federal, State, and local elected officials and to the general public. The Intergovernmental Monitor is a searchable online publication that is available at
http://planning.maryland.gov/emircpublic
.
(4) Copies of List Available. Representative of the news media, private citizens, and citizen groups may also obtain copies of the list from the Clearinghouse on request.
(5) Clearinghouse Address. Copies of the list and information on the availability of environmental assessment forms and environmental effects reports may be obtained at the following address: State Clearinghouse for Intergovernmental Assistance Department of Planning 301 West Preston Street Baltimore, Maryland 21201-2365.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.02 - Guidelines for Implementation of the Maryland Environmental Policy Act › Section 34.01.02.06 - Submission of Federal Environmental Impact Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. When Acceptable. The Department will accept an environmental impact statement that has been prepared under the National Environmental Policy Act as an environmental effects report under the Maryland Environmental Policy Act if the statement contains all information required by the Environmental Policy Act Guidelines of the Secretary of Natural Resources.
B. Federal Negative Declaration Statement. If an agency that is required to submit an environmental assessment form to the Department has completed a federal negative declaration statement, the agency should submit the federal statement to the Department with its environmental assessment form.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.03 - State Depository of Plans › Section 34.01.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Area plan" means the approved, officially adopted statement of a legislative body, chief executive, or regional council that sets forth major policies concerning future physical development for a planning area smaller than the jurisdiction as a whole.
(2) "Department" means the Department of Planning.
(3) "Depository" means the State Depository of Plans established by the Department in accordance with State Finance and Procurement Article, §
										5-501, Annotated Code of Maryland.
(4) Functional Plan.
(a) "Functional plan" means the approved, officially adopted statement of a legislative body, chief executive, or regional council that sets forth major policies concerning one specific aspect of future physical development, generally on a jurisdiction-wide basis.
(b) "Functional plan" may address governmental services, such as sewerage and water, fire and police stations, education, or parks and recreation, or it may address development issues, such as historic and agricultural preservation, housing, economic development, community renewal, transportation, or water quality.
(c) "Functional plan" has a physical dimension. It does not consist solely of service provision programs.
(5) General Plan.
(a) "General plan" means the approved, officially adopted statement of a legislative body, chief executive, or regional council that sets forth major policies concerning future physical development for the entire geographic area of the jurisdiction.
(b) "General plan" includes the following primary elements:
(i) Land use element;
(ii) Transportation element; and
(iii) Community facilities element.
(c) "General plan" is based on demographic, economic, and physical surveys and projections that are integral to, but may not be included in, the plan document itself.
(d) The term "general plan" does not include legal and programmatic documents, such as subdivision regulations, zoning ordinances, and capital improvement programs. However, these documents are based on the general plan, are guided by it, and are the basic tools to implement it. Thus, these documents are integral parts of the jurisdiction's physical development process.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.03 - State Depository of Plans › Section 34.01.03.02 - Purpose of Depository

Current through Register Vol. 51, No. 14, July 12, 2024
The Depository is a resource center, not only for the Department, but for all State, interstate, regional, and local government agencies, as well as for citizens, interest groups, government consultants, and others. Plans and supporting documentation are available at the Depository for reference and study. The Depository offers a unique opportunity to review at one location collected government planning documents for the State or any portion of the State.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.03 - State Depository of Plans › Section 34.01.03.03 - Location of and Access to Depository

Current through Register Vol. 51, No. 14, July 12, 2024
The Depository is located in the central office of the Department. The contents of the Depository are available, during regular office hours, for examination and use by individuals and representatives of government agencies and private organizations. Information concerning the Depository may be obtained from the Librarian, Department of Planning, Room 1101, 301 West Preston Street, Baltimore, Maryland 21201.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.03 - State Depository of Plans › Section 34.01.03.04 - Submission of Material to Depository

Current through Register Vol. 51, No. 14, July 12, 2024
A. General, Area, and Functional Plans. The agency charged with responsibility for issuing any general, area, or functional plan shall submit a copy of the plan, and a copy of any amendment or revision to the plan, to the Depository.
B. Implementing Regulations, Ordinances, and Programs. The agency responsible for issuing any regulations, ordinance, or program to implement a general, area, or functional plan shall submit a copy of the regulations, ordinance, or program, and a copy of any amendment or revision, to the Depository.
C. Time for Submission. An agency shall submit material described in §A or B of this regulation as the material is adopted.
D. Number of Copies. Unless the Department asks for two copies, the submitting agency shall submit one copy. If the Department asks for two copies, the submitting agency shall submit two copies. The submitting agency need not submit more than two copies of any material.
E. Address for Submission. An agency shall submit material described in §§A and B of this regulation to the following address: State Depository of Plans, Department of Planning, 301 West Preston Street, Baltimore, Maryland 21201.
F. Publications Contact Person. Each agency that is required to submit material to the Depository shall designate a publications contact person and provide the name, address, and telephone number of that person to the Depository. In the case of a State agency, this person may, but need not, be the same person designated as the agency publications contact person under Education Article, §
									23-303(a), Annotated Code of Maryland.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 01 - GENERAL › Chapter 34.01.03 - State Depository of Plans › Section 34.01.03.05 - Responsibilities of Depository

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice to Submitting Agencies. The Depository shall send a notice at least annually to submitting agencies, informing them of the requirements stated in Regulation .04 of this chapter.
B. List of Materials Received.
(1) At least monthly, the Depository shall issue a list of all materials that it has received.
(2) Single copies of the list will be distributed on request, free of charge.
(3) The Depository may establish a subscription service for the list. The Department may charge subscribers a reasonable fee to cover the costs of postage and handling.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.01 - State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs › Section 34.02.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter describes the Maryland Intergovernmental Review and Coordination Process, the State process for collecting and transmitting the views of State, regional, and local officials in Maryland on specific applications for federal and State financial assistance, for direct federal development, and for certain planning and other activities requiring intergovernmental coordination. These procedural regulations are intended to secure the benefits of intergovernmental cooperation by providing a sure and simple means for learning about and commenting on specific federal and State applications. They are not intended and may not be construed to abridge the statutory authority of approving authorities, or to create any right or benefit enforceable at law, in equity, or otherwise by any party against the Department, other State or local agencies, or their officials.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.01 - State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs › Section 34.02.01.02 - Programs and Activities Covered by this Chapter

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department, in consultation with State, regional, and local officials, shall issue and from time to time revise lists of federal and State financial assistance programs that are covered by the notification and intergovernmental review requirements of this chapter as a result of federal or State statutes or regulations. The Department shall maintain current lists on its website of the covered federal and State financial assistance programs.
B. Except as stated in §E of this regulation, each application by a State agency for federal financial assistance is covered by the notification requirements of Regulations .04 and .08, even if the application is made under a program that is not listed in Regulation .11 of this chapter.
C. All federal plans and direct federal development activities are covered by the notification and intergovernmental review requirements of this chapter. This includes proposed activities that require federal and State review under the following laws:
(1) The Coastal Zone Management Act;
(2) The National Historic Preservation Act; and
(3) The National Environmental Policy Act.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.01 - State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs › Section 34.02.01.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Applicant" means an individual or a governmental or nongovernmental entity that seeks financial assistance or approval under a program or for an activity covered by this chapter.
(2) "Application" means a request for approval, or a request for new, renewed, continued, or amended financial assistance, under a program or for an activity covered by this chapter.
(3) "Approving authority" means a governmental entity with statutory or other authority to approve or disapprove proposed action.
(4) "Baltimore Region" means the combined geographic areas of the City of Baltimore and the Counties of Anne Arundel, Baltimore, Carroll, Harford, and Howard, including all incorporated municipalities located there.
(5) "Clearinghouse" means the State Clearinghouse for Intergovernmental Assistance, a unit of the Department.
(6) "Department" means the Department of Planning:
(7) "Direct federal development" means:
(a) The exercise by a federal agency of statutory or other authority to undertake or authorize others to undertake the construction, reconstruction, conversion, erection, alteration, relocation, or enlargement of, or to change or authorize others to change the use of, any building, structure, or facility;
(b) Mining, excavation, or landfill by or under the authority of a federal agency;
(c) Land acquisition, disposition, or disturbance in preparation for any of the above; and
(d) Plans or environmental assessments for any of these activities.
(8) "Financial assistance" means the exercise by a federal or State agency of statutory or other authority to award funds, loans, or insurance, or to provide technical assistance, based on an application or cooperative agreement.
(9) "Intergovernmental" means between or among different levels of government, between or among different national or State jurisdictions, or between or among different agencies within the same level of government or within the same jurisdiction.
(10) "State application identifier" means the number assigned by the Clearinghouse to an application.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.01 - State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs › Section 34.02.01.04 - Notification

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements.
(1) Application for Financial Assistance.
(a) If an applicant submits, substantially modifies, or amends an application for federal or State financial assistance, the applicant shall provide notice and information to the Clearinghouse at the earliest feasible time.
(b) A prospective applicant may file a notice of intent to submit an application as a means of providing an early alert to potentially affected parties.
(c) If earlier notification is not provided in accordance with §A(1)(b) of this regulation, the applicant shall notify the Clearinghouse immediately before submission of the application.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.01 - State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs › Section 34.02.01.05 - Distribution and Referral

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The Clearinghouse, as the State single point of contact, will provide opportunities for consultation among affected State, regional, and local officials in connection with those federal and State financial assistance applications, those direct federal development activities, and those other applications and activities that are covered by the intergovernmental review requirements of this chapter.
B. Discretionary Informational Referrals. In addition to referrals under §A of this regulation, the Clearinghouse may distribute notice of other applications for information purposes only.
C. Specific Requirements.
(1) The Clearinghouse shall forward notification information, together with a review request letter, to each State agency or local jurisdiction that the Clearinghouse determines will or may be affected by an application. The review request letter shall indicate the date by which the Clearinghouse must receive comments.
(2) The Clearinghouse shall supply the Baltimore Metropolitan Council with notification information on applications that the Clearinghouse determines will or may affect the Baltimore Region or any local jurisdiction within that region. For those applications, the Baltimore Metropolitan Council shall notify and consult with affected local jurisdictions in the Baltimore Region.
(3) Except as provided in §C(2) of this regulation, the Clearinghouse will not routinely provide regional planning or special-purpose coordinating agencies with notification information. However, the Clearinghouse will provide summary notice of applications to these entities, and it will distribute notification information to them on request.
(4) If notification information indicates that an application has already been approved or acknowledged by a general-purpose local government or by a State agency, the Clearinghouse will not normally refer the notification information again to that entity for review. Rather, the Clearinghouse will assume that the notifying party has coordinated with that entity and received its comments and concurrence during the formulation of the application. However, the Clearinghouse will provide summary notice of the application to the general-purpose local government or State agency.
(5) The Clearinghouse will not normally distribute detailed information concerning an application with widely dispersed effects to each affected local jurisdiction, if the notifying party gives assurances that it has adequately consulted with affected local jurisdictions during the development of the application. However, the Clearinghouse will provide summary notice of the application to affected local jurisdictions.
(6) The Clearinghouse shall make notification information submitted to the Clearinghouse available for public review by maintaining the information in a searchable format on the Department's website.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.01 - State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs › Section 34.02.01.06 - Review and Recommendations

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. At the end of and within the review period, review coordinators shall submit comments and recommendations to the Clearinghouse. The Clearinghouse, acting as the State single point of contact, will organize these comments and recommendations and will communicate the concerns of State, regional, and local officials to the approving authority or the applicant, or both, as indicated in the review request letter. The Clearinghouse will strive to formulate a single recommended course of action based on comments and recommendations received.
B. Specific Requirements.
(1) A review coordinator need not comment on every proposal of which the review coordinator is notified. However, if the review coordinator wishes to comment, the review coordinator shall respond to the Clearinghouse by the date established in the review request letter and on the response forms provided.
(2) The Clearinghouse shall transmit all comments that it receives to the approving authority or the applicant, or both, as indicated in the review request letter, for consideration.
(3) The Clearinghouse shall strive to formulate a consensus recommendation in which all or most parties directly affected by an application can concur.
(4) The Clearinghouse shall organize comments and recommendations in the form of a summary letter. The Clearinghouse shall provide a copy of this letter to the applicant and to each review coordinator who received notification information from the Clearinghouse.
(5) An applicant for financial assistance shall attach the Clearinghouse letter to the application, if the Clearinghouse has not sent a copy directly to the approving authority. The applicant may also attach a statement explaining the consideration that the applicant has given to reviewers' comments and recommendations. The applicant shall send a copy of any explanatory statement to the Clearinghouse.
(6) The Clearinghouse review letter is valid for 3 years. If a notifying party wishes to pursue a project not begun or an application not funded within 3 years, the party shall renotify the Clearinghouse, so that the Clearinghouse may conduct a new review.
(7) The Clearinghouse shall advise the notifying party as soon as it learns of any disagreement with or concern regarding an application. The Clearinghouse and reviewing entities shall try to resolve informally any disagreements or conflicts identified during the review. Methods of informal dispute resolution may include telephone conferences, correspondence, and in-person conferences. The Clearinghouse may extend the review period to accommodate efforts to resolve disagreements.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.01 - State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs › Section 34.02.01.07 - Approving Authority Response to Review Comments

Current through Register Vol. 51, No. 14, July 12, 2024
A. An approving authority shall respond initially to review comments through the Clearinghouse. The Clearinghouse is available to assist in resolving disagreements, although approving authorities should work directly with concerned reviewers in this regard.
B. If an approving authority indicates that it cannot accommodate review comments, the Clearinghouse shall immediately contact affected parties to determine whether they want to request a reconsideration by the approving authority. If affected parties express interest in requesting reconsideration, the Clearinghouse shall prepare the necessary correspondence.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.01 - State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs › Section 34.02.01.08 - Notice of Awards of Federal Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Assistance Other Than Instructional Contracts, Instructional Grants, Research Contracts, and Research Grants.
(1) A State agency or local jurisdiction that receives federal assistance, other than an instructional contract, instructional grant, research contract, or research grant, shall file a summary notification of the award with the Clearinghouse within 30 days after the State agency or local jurisdiction receives notice of the award.
(2) The summary notification shall include a copy of the Federal Standard Form 424 (SF 424) or other correspondence that the State agency or local jurisdiction receives from the federal agency, indicating the granting of the award.
(3) The summary notification shall include the following information:
(a) The name of the applicant;
(b) The name of the federal agency that is making the award;
(c) The federal program number and title of the program under which assistance is being provided;
(d) The anticipated funding for the activity for which assistance is being provided (federal, applicant, or other), with specific identification of matching requirements;
(e) The approximate dates when the assistance is expected to begin and end; and
(f) The State application identifier assigned to the application.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.01 - State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs › Section 34.02.01.09 - Incorporation of Other Consultation or Consistency Review Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
The Clearinghouse, working with appropriate approving authorities, will seek to incorporate other requirements for consultation or consistency reviews with the process described in this chapter.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.01 - State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs › Section 34.02.01.10 - Reporting and Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Clearinghouse shall prepare and distribute any reports necessary to carry out this chapter.
B. In addition to making day-to-day administrative improvements and refinements to the Maryland Intergovernmental Review and Coordination Process, the Clearinghouse shall conduct a systematic evaluation of the process on a periodic basis, as directed by the Governor.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.02 - State Clearinghouse Procedures for the Reporting and Processing of Excess and Substantial Changes in State-Owned Real Property and Requests for the Granting of Rights-of-Way and Easements Across State-Owned Real Property › Section 34.02.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are applicable to all State-owned real property except that the following State-owned property need not be reported as excess property:
A. Residential property acquired by the Department of Economic and Community Development by foreclosure or similar means in the course of operation of a State lending or insuring program administered by that department;
B. Real property under the control or jurisdiction of the Department of Natural Resources to be sold or leased to an electric company under the Power Plant Siting and Research Program; and
C. Real property under the control and jurisdiction of the Department of Transportation, State Highway Administration, which is less than 3 acres in size or which comes under the provisions of Transportation Article, §
									8-309(b)(2), Annotated Code of Maryland, unless the seller, assignor, or heir has rejected the prior right to purchase the property and the property is 3 acres or larger in size.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.02 - State Clearinghouse Procedures for the Reporting and Processing of Excess and Substantial Changes in State-Owned Real Property and Requests for the Granting of Rights-of-Way and Easements Across State-Owned Real Property › Section 34.02.02.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
Proper management and use of State resources requires a continuing and critical review of the real property held by the State to assure that it is being properly utilized. All State agencies are encouraged to initiate and conduct on a continuing basis a survey of all real property under their control and jurisdiction to identify those properties which are not utilized, are under-utilized, or are not being put to optimum use and are not required to meet future needs. These regulations are intended to provide guidance to State agencies for the reporting of excess and substantial changes in State- owned real property and requests for the granting of rights-of-way or easements and to establish the coordination procedures associated with the reports submitted. This program will reduce the necessity for the expenditure of State funds for the acquisition of real property when State agency needs can be met by utilizing real property currently owned by the State, and insure that maximum benefits to the State are realized by the utilization or disposal of this property for the most appropriate use which is compatible with the plans and programs of State and local agencies. Further, it will reduce the necessity for the expenditure of State funds for the operation, care, and maintenance of property not needed to meet current or projected requirements.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 34.02.02 - State Clearinghouse Procedures for the Reporting and Processing of Excess and Substantial Changes in State-Owned Real Property and Requests for the Granting of Rights-of-Way and Easements Across State-Owned Real Property › Section 34.02.02.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
For the purpose of these regulations, the following terms have the meanings indicated:
A. "Excess property" means any real property under the control or jurisdiction of a State agency which the head of that agency determines is not required for the current or projected needs or the discharge of the responsibilities of that agency.
B. "Real property" means any freehold, fee, or leasehold interest in land, including improvements of any kind, structures and fixtures located on the premises, and appurtenances.
C. "State agency" means a department or independent agency of State government.
D. "Substantial change" means any change in use that would:
(1) Result in a major alteration in the functions or services being provided through or by the facility concerned;
(2) Require physical alteration to a structure or structures whose estimated cost of alteration is $50,000 or more;
(3) Require the demolition or removal of a usable structure whose estimated value is $15,000 or more.