reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Applicant" means an individual who
				submits a request to be considered for employment by the Service after the
				Service announces that it is seeking applicants.
(2) "Board" means the Board of Directors of
				the Service.
(3) "Classification"
				means the descriptive title assigned to a single position or group of positions
				that are similar in duties, responsibilities, and minimum qualifications, and
				have the same pay grade.
(4)
				"Demotion" means a change from one position to another position which has a
				lower maximum pay grade or reduced duties and responsibilities.
(5) "Director" means the Executive Director
				of the Maryland Environmental Service.
(6) Employee.
(a) "Employee" means an individual who is
				hired or who transfers to a position under the regulations, policies, and
				procedures of the Service's human resources system.
(b) "Employee" includes a contractual
				employee, a senior management employee, and a temporary employee.
(c) "Employee" does not include an inmate or
				patient in a State institution who is employed by the Service.
(7) "Human resources system" means
				the Service's personnel system established by this chapter.
(8) "Leave" means official absence from
				Service duties and responsibilities.
(9) "Overtime" means work in excess of 40
				hours per week.
(10) "Performance
				appraisal" means an evaluation of an employee's work performance based on
				predefined duties and responsibilities as described in job descriptions and
				performance planning documents.
(11) "Physical and mental qualification
				standards" means job-related physical and mental criteria necessary to perform
				the essential functions of a specific position.
(12) "Position" means a set of duties and
				responsibilities which are or could be performed by a single individual. A
				position may be either filled or vacant, full-time or part-time.
(13) "Probation" means a trial work
				period.
(14) "Promotion" means a
				change from one position to another position which has a higher maximum pay
				grade and increased duties and responsibilities.
(15) "Service" means the Maryland
				Environmental Service.
(16)
				"Supervisor" means an employee who is authorized to direct or manage another
				employee's duties, responsibilities, and access to benefits.
(17) Temporary Employee.
(a) "Temporary employee" means an individual
				hired by the Service for a period not to exceed 6 months.
(b) "Temporary employee" includes a student
				employee.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.03 - Equal Employment Opportunity

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Service shall have a comprehensive
				equal employment opportunity/affirmative action program covering all elements
				of the Service's human resource policies and management practices.
A. An applicant for a license shall file with
				the Administration acceptable evidence of a surety bond in such form as the
				Administration shall approve and with a surety approved by the Administration
				in the sum set forth in Transportation Article, §
									15-604, Annotated Code
				of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.04 - Organization of Human Resources System

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Service shall have a human resources
				system. The Human Resources Division of the Service shall administer and manage
				the human resources system. The Human Resources Division shall maintain records
				that:
(1) Document any action affecting the
				status of an employee; and
(2) Are
				required to be maintained by law.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.05 - Qualifications and Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Service shall establish minimum qualifications and selection criteria for an
				employment position.
B.
				Examinations. The Service may require an applicant for employment to
				participate in an examination of the applicant's job-related
				qualifications.
C. Returning
				Veterans and Reservists. The Service shall employ returning veterans and
				reservists in accordance with the provisions of State Personnel and Pensions
				Article, Title 2, Subtitle 7, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.06 - Hiring Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Selection Criteria.
(1) The Service shall
				select for employment the applicant who best meets the selection criteria
				established by the Service.
(2) The
				Service may hire an individual who does not meet the Service's minimum
				qualifications or the selection criteria if the:
(a) Service determines that the individual is
				more qualified for the employment position than another applicant; or
(b) Individual is currently employed at a
				project or facility for which the Service assumes operation or
				management.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.07 - Probation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee of
				the Service shall serve a probationary period of 6 months from the date the
				employee is hired.
B. An employee's
				probation may be extended for an additional period not to exceed 3 months. The
				maximum period of probation including extension may not exceed 9
				months.
C. Termination of
				Probationary Employees.
(1) The Service may
				terminate a new employee on probation without cause.
(2) Except as provided in §C(3) of this
				regulation, the Service shall notify the employee at least 2 weeks before the
				effective date of the termination.
(3) The Service may terminate a new employee
				on probation without 2 weeks notice if the:
(a) Service determines that the employee
				misrepresented any information on the employee's employment application;
				or
(b) Termination is due to a
				breach of discipline or gross incompetence.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.08 - Compensation of Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Salaries and Wages.
(1) The Service shall
				compensate an employee according to:
(a) The
				Service's budget; and
(b) A salary
				structure that is developed by the Director and approved by the
				Board.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.09 - Overtime

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director, or
				the Director's designee, may require an employee to work a period of time in
				excess of the employee's standard workweek or workday, dependent upon workload
				demands.
B. The Service shall pay
				preapproved overtime to employees who are nonexempt under the Fair Labor
				Standards Act in accordance with the Fair Labor Standards Act,
				29 U.S.C. §
										201 and the provisions of State Personnel and
				Pensions Article, Title 8, Subtitle 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.10 - Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall establish a benefits plan, which includes
				  reasonable eligibility criteria, for employees. The benefits plan shall be
				  consistent with State Personnel and Pensions Article, §
									2-511,
				  Annotated Code of Maryland, which allows employees to participate in the State
				  Employee and Retiree Health and Welfare Benefits Program.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.11 - Annual Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Amount of
				Leave Earned.
(1) From the 1st through the
				6th month of employment, an employee may not earn annual leave. Upon completion
				of the 6th month of service, the Service shall credit an employee with annual
				leave for the first 6 months on the basis of 1 hour of leave for each 26 hours
				worked.
(2) From the beginning of
				the 1st year of employment through the completion of the 5th year of
				employment, an employee shall earn annual leave at the rate of 1 hour of leave
				for each 26 hours worked. An employee who has been employed less than 5 years
				by the Service may not earn more than 80 hours of annual leave in a calendar
				year.
(3) From the beginning of the
				6th year of service through the completion of the 10th year of employment, an
				employee shall earn annual leave at the rate of 11/2 hours of leave for each 26
				hours worked. An employee who has been employed less than 10 years by the
				Service may not earn more than 120 hours of annual leave in a calendar
				year.
(4) From the beginning of the
				11th year of service through the completion of the 20th year of service, an
				employee shall earn annual leave at the rate of 2 hours of leave for each 26
				hours worked. An employee who has been employed less than 20 years by the
				Service may not earn more than 160 hours of annual leave in a calendar
				year.
(5) From the beginning of the
				21st year of service and after that, an employee shall earn annual leave at a
				rate of 21/2 hours of leave for each 26 hours worked. An employee who has been
				employed more than 21 years by the Service may not earn more than 200 hours of
				annual leave a year.
(6) Under this
				regulation, the amount of hours an employee has worked includes any hours the
				employee is on paid leave. An employee may not earn annual leave for hours
				worked in excess of the employee's standard workweek.
(7) Under this regulation, an employee's
				years of employment include all time the employee has been employed by the
				Service, regardless of any break in employment with the Service.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.12 - Sick Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Amount of
				Leave Earned.
(1) Starting with the first
				month of service an employee shall earn 1 hour of sick leave for every 37.14
				hours worked. An employee may not earn more than 7 days of sick leave in a
				calendar year.
(2) An employee may
				not earn sick leave upon hours worked in excess of the employee's standard
				workweek.
(3) Under this regulation
				the amount of hours an employee has worked shall include any hours the employee
				is on paid leave.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.13 - Compensatory Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				executive, administrative, or professional employee, whose classification is
				not on the list of employees approved by the Board as eligible to receive cash
				overtime payments, may earn compensatory time for work performed:
(1) At least 1 hour beyond the employee's
				standard work day; and
(2) For more
				than 1 hour in a day that is outside the employee's standard workweek, for
				example, on a holiday or a weekend.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.14 - Accident Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Amount of
				Paid Accident Leave. The Service may grant up to 24 hours of paid accident
				leave to an employee beginning on the first day, or any portion thereof, of
				absence from work because of an accidental personal injury sustained by the
				employee in the actual performance of the employee's job duties, and which is
				determined to be compensable according to the Maryland Workers' Compensation
				Law, Labor and Employment Article, Title 9, Annotated Code of
				Maryland.
B. Advanced Accident
				Leave. The Service may grant additional advance accident leave, of up to 6
				months, to an employee while the employee is awaiting a compensable injury
				decision from the Service's Workers' Compensation insurer or a compensable
				disability decision from the Service's disability insurer.
C. Use of Accident Leave.
(1) The Service shall inform an injured
				employee or someone on the employee's behalf of the employee's right to file a
				claim for compensation with the Workers' Compensation Commission.
(2) If the Workers' Compensation Commission
				order determines that an employee's injury is not compensable, or in the
				absence of a Workers' Compensation Commission order, if the Service's Workers'
				Compensation insurer makes a determination of noncompensability, the Service
				shall amend the employee's accident leave to leave with pay, or, if the
				employee does not have leave with pay credited, to leave of absence without
				pay. The employee shall reimburse the Service for any accident leave received
				which is not chargeable to leave with pay.
(3) An employee's accident leave ends upon
				the earliest of:
(a) A physician certifying in
				writing that the employee is capable of performing the physical tasks required
				of the employee's position;
(b)
				First receipt by the employee of any compensation from either the Service's
				Workers' Compensation or disability insurer; or
(c) The end of 6 months or any extension of
				advance accident leave granted by the Service.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.15 - Other Paid Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Holiday
				Leave.
(1) The holidays of the Service are:
(a) New Year's Day-January 1;
(b) Martin Luther King Jr.'s Birthday-Third
				Monday in January;
(c) George
				Washington's Birthday-Third Monday in February;
(d) Memorial Day-Last Monday in
				May;
(e) Independence Day-July
				4;
(f) Labor Day-First Monday in
				September;
(g) Veteran's
				Day-November 11;
(h) Thanksgiving
				Day-Fourth Thursday in November; and
(i) Christmas Day-December 25.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.16 - Family Leave

Current through Register Vol. 51, No. 14, July 12, 2024
Family and medical leave may be used in accordance with the
				  provisions of the Family and Medical Leave Act of 1993, as amended, the
				  implementing federal regulations, and the policies and guidelines adopted by
				  the Service.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.17 - Leave Without Pay

Current through Register Vol. 51, No. 14, July 12, 2024
The Service may grant leave without pay to an employee if
				  the:
A. Employee has no credited paid
				leave; and
B. The Service
				determines that the employee's use of leave without pay will not unreasonably
				disrupt the Service's activities.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.18 - Performance Appraisal

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Service shall establish an employee performance appraisal process. The employee
				performance appraisal process may include:
(1) Employee performance planning;
(2) Interaction between an employee and the
				employee's supervisor; and
(3)
				Review of an employee's performance.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.19 - Position Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Service shall periodically evaluate each employment position. The evaluation
				may:
(1) Document differences among
				positions;
(2) Establish a relative
				value for the position; and
(3)
				Compare the compensation level of the employment position with the compensation
				level of a similar employment position in a similar labor market.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.20 - Disciplinary Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Service
				may take disciplinary action for cause against an employee.
B. The Board shall adopt a disciplinary
				policy. The disciplinary policy may provide for a:
(1) Warning to an employee;
(2) Suspension with or without pay;
(3) Demotion; and
(4) Termination of employment.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.21 - Employee Grievances

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				regulation does not apply to the following:
(1) Assistant attorneys general and all other
				attorneys on the staff of the Attorney General assigned to the Service,
				including the counsel to the Service;
(2) Individuals who are subject to collective
				bargaining agreements which include other grievance procedures; and
(3) Senior management employees of the
				Service who report directly to the Director.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.22 - Promotion

Current through Register Vol. 51, No. 14, July 12, 2024
The Service may promote an employee from one employment
				  position to another. A promotion is not effective until approved by the
				  Director.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.23 - Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee may
				request a transfer to a different Service program or geographic area. The
				Service shall consider the employee's request in filling a position vacancy in
				the Service program or geographic area for which the employee has requested a
				transfer.
B. The Service may
				require an employee to accept a transfer only in order to:
(1) Meet a specific business need;
(2) Accomplish a bona fide organizational
				goal;
(3) Provide reasonable
				accommodation; or
(4) Improve
				operational efficiency.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.25 - Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Financial
				Assistance. The Service may offer financial assistance to an employee for the
				cost of completing:
(1) An advanced education
				program at a preauthorized, accredited undergraduate or graduate
				institution;
(2) Employee job
				training or development courses; or
(3) A high school equivalency
				program.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.26 - Employee Organizations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Service shall permit continuation of the rights of an employee organization in
				existence on July 1, 1993, to represent Service employees and to collect dues
				through a check-off system.
B. The
				Director may allow an employee who belongs to an employee organization to use
				administrative leave to attend approved organization activities up to 5 days
				per year.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.02 - Human Resources System › Section 14.27.02.27 - Transfers to Service Human Resources System

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Service shall permit an employee who
				is in the State Personnel Management System to transfer to the Service human
				resources system without a reduction in the employee's current rate of
				pay.
B. Accumulated Leave.
(1) The Service shall:
(a) Permit an employee who is in the State
				Personnel Management System and who transfers to the Service human resources
				system to retain some or all of the employee's accumulated annual leave, sick
				leave, personal leave, or compensatory leave that is unused as of the date the
				employee transfers to the Service human resources system; or
(b) Fairly compensate the employee for the
				value of the annual leave, sick leave, personal leave, or compensatory leave
				which the employee may not retain.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.01 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
It is the policy of the Maryland Environmental Service to
				  procure supplies, services, and construction in a cost-effective manner
				  consistent with the best interests of the Service, its clients, its vendors,
				  and the general public.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				does not apply to the following:
(1)
				Reimbursement contracts for which user eligibility and cost are set by law or
				by rules and regulations;
(2)
				Collective bargaining agreements with employee organizations (labor
				contracts);
(3) Acquisition of real
				property or a permanent or temporary interest in real property;
(4) Contracts with a State agency or a
				municipality;
(5) Disposal of real
				or personal property;
(6)
				Procurement for purposes of direct resale or remanufacture and subsequent
				resale;
(7) Agreements creating
				employee-employer relationships;
(8) A procurement on behalf of a municipality
				or a client of the Service if the:
(a)
				Service estimates that the procurement will exceed $25,000,
(b) Governing body of the municipality or the
				client requests the Service to waive its procedures, and
(c) Board formally assents to waive its
				procedures; or
(9) A
				contract with or by a corporation established under Natural Resources Article,
				§
										3-104(y),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.04 - Contract Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contract
				Approval.
(1) The Director shall approve
				contracts of the Service.
(2) The
				Director may delegate authority to approve a contract of the Service to a
				Service employee.
(3) A contract is
				approved if:
(a) The Director signs the
				contract or otherwise expresses the Director's approval of the contract in
				writing;
(b) An employee of the
				Service described in §A(2) of this regulation signs the contract or
				otherwise expresses that employee's approval in writing; or
(c) The Board approves the contract as
				provided in §C of this regulation.
(4) A Service employee who has not been
				delegated approval authority by the Director may not approve a contract. Except
				as provided in this regulation, a contract is not enforceable against the
				Service if the contract has not been approved by the Director or a Service
				employee who has been delegated approval authority by the Director.
(5) Except as provided in Regulation .06D(1)
				of this chapter:
(a) The procurement
				contracts of the Service shall be in writing; and
(b) An oral contract purporting to bind the
				Service is not enforceable against the Service.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.05 - Determinations

Current through Register Vol. 51, No. 14, July 12, 2024
Determinations required by these regulations shall be in
				  writing, signed by the procurement officer, and retained by the Service for not
				  less than 3 years from the date of the determination.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.06 - Source Selection

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Service may use the following procurement methods:
(1) Competitive sealed bidding;
(2) Competitive proposals;
(3) Negotiated award after unsatisfactory
				competitive sealed bidding;
(4)
				Intergovernmental cooperative purchasing;
(5) Sole source procurement; and
(6) Emergency source selection.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.07 - Procurement by Competitive Sealed Bidding

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. This regulation applies to
				any procurement of the Service except as provided in Regulations .06D and .08 -
				.11 of this chapter.
B. Invitations
				for Bids. The Service shall initiate a procurement by competitive sealed
				bidding by issuing an invitation for bids. The invitation for bids shall
				include a written bid form based on the specifications, a statement that the
				bidder agrees to all terms and conditions, provisions and addenda, if any, to
				the invitation for bids, the time and place of bid opening, and such other
				information as the Service reasonably considers necessary. The Service may
				require bidders to submit samples or descriptive literature.
C. Prebid Conferences. The Service may
				conduct prebid conferences, and may require that attendance by bidders be
				mandatory.
D. Bid Modifications. A
				bidder may modify or withdraw a bid before bid opening by submitting written
				notice to the Service. The Service shall return bid security to a bidder if the
				bidder withdraws its bid in accordance with this regulation.
E. Late Bids, Late Withdrawals, Late
				Modifications.
(1) The Service may not
				consider a bid, bid withdrawal, or bid modification received after the bid
				opening time and date, except that the Service may consider a late bid, late
				withdrawal, or late modification if the delay was substantially caused by the
				Service. The bidder is solely responsible for timely receipt of its
				bid.
(2) A late modification of a
				successful bid that makes the terms more favorable to the Service may be
				considered and accepted by the Service at any time before contract
				award.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.08 - Procurement by Competitive Sealed Proposals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Conditions for Use.
(1) Competitive sealed proposals is the
				preferred method for the procurement of professional services.
(2) For any other use of competitive sealed
				proposals as a procurement method, the procurement officer shall make a
				determination that:
(a) Specifications cannot
				be prepared to support an award on price alone; or
(b) Competitive sealed bidding is not
				practicable, or is not advantageous to the Service.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.09 - Sole Source Procurement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Conditions for Use.
(1) Sole source
				procurement is not permissible unless a requirement is available from only a
				single vendor.
(2) The
				determination as to whether a procurement shall be made as a sole source shall
				be made by the procurement officer, and approved by the Director. The
				determination and the basis for it shall be in writing. The Service may not
				award a contract to a sole source before the Director's approval.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.10 - Emergency Procurement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Application. The procurement officer, with the prior approval of the Director,
				may award an emergency contract by other than competitive sealed bidding or
				competitive sealed proposals under Regulation .07 or .08, respectively, of this
				chapter.
B. Scope. An emergency
				procurement is limited to the procurement of those items necessary to avoid or
				to mitigate damage to the environment or to health, safety, or
				welfare.
C. Competition. The
				Service 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 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.11 - Contract Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				procurement officer shall determine whether a respondent is
				responsible.
B. The procurement
				officer may find that a respondent is not a responsible bidder or offeror for:
(1) Unreasonable failure to supply
				information promptly in connection with a determination of responsibility under
				this chapter; or
(2) Any other
				reason indicating that the respondent does not have the:
(a) Capability in all respects to perform
				fully the contract requirement, or
(b) Integrity and reliability that will
				ensure good faith performance.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.12 - Cancellation or Rejection of Solicitations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Service may cancel a solicitation in
				whole or in part before opening of bids or proposals when, in the determination
				of the procurement officer, cancellation is in the best interest of the
				Service. Bids or proposals shall be returned to the bidders or offerors
				together with a notice of cancellation.
B. After opening of bids or proposals, the
				Service may reject all proposals or bids in whole or in part when, in the
				determination of the procurement officer, rejection is in the best interest of
				the agency. Notice of rejection of all bids or proposals shall be sent to all
				vendors that submitted bids or proposals.
C. Determination of the reasons for
				cancellation or rejection shall be made part of the procurement file.
D. The Service may reject a bid or proposal
				in whole or in part when it is in the Service's reasonable best interest to do
				so. Reasons may include, but are not limited to, the following:
(1) The respondent that submitted the bid or
				proposal is not responsible;
(2)
				The bid or offer is not responsive or the offer is not reasonably susceptible
				of being selected for award;
(3)
				The price is not reasonable; or
(4)
				The respondent is debarred or otherwise ineligible for award and the period of
				debarment or ineligibility has not expired.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.03 - Procurement › Section 14.27.03.13 - Disputes

Current through Register Vol. 51, No. 14, July 12, 2024
Disputes arising in the performance of contracts which are
				  not resolved by agreement of the parties shall be decided in writing by an
				  authorized representative of the Director. The decision of the Director's
				  authorized representative is final and conclusive unless, within 10 calendar
				  days of receipt of its copy of the decision, the contractor delivers a written
				  appeal to the Director. In connection with an appeal, the contractor shall be
				  afforded an opportunity to be heard and to offer binding evidence in support of
				  its position. The decision by the Director is binding upon the contractor, and
				  the contractor shall abide by the decision.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.04 - Public Information Act Requests › Section 14.27.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for submitting requests
				  to the Maryland Environmental Service for the inspection or copying of public
				  records under General Provisions Article, §§
									4-101 - 4-601,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.04 - Public Information Act Requests › Section 14.27.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Applicant" has the meaning stated in
				General Provisions Article, §
										4-101(b),
				Annotated Code of Maryland.
(2)
				"Custodian" has the meaning stated in General Provisions Article, §
										4-101(d),
				Annotated Code of Maryland.
(3)
				"Director" means the Director of the Maryland Environmental Service or the
				Director's designee.
(4) "Official
				custodian" means the Secretary of the Maryland Environmental Service or the
				Secretary's designee.
(5) "Person
				in interest" has the meaning stated in General Provisions Article, §
										4-101(g),
				Annotated Code of Maryland.
(6)
				"Public Information Act" means General Provisions Article, §§
										4-101 - 4-601,
				Annotated Code of Maryland.
(7)
				"Public Information Act Representative " means the person designated by the
				Service to receive Public Information Act requests and is named on the
				Service's website.
(8) "Public record" has the meaning stated in General
				Provisions Article, §
										4-101(f),
				Annotated Code of Maryland.
(9)
				"Service" means the Maryland Environmental Service.
(10) "Working day" means each day between the
				hours of 9 a.m. and 4 p.m. except Saturdays, Sundays, and holidays.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.04 - Public Information Act Requests › Section 14.27.04.03 - Requests lor Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				person may request to inspect or copy a public record that is in the custody of
				the Service and which, under the provisions of the Public Information Act, the
				Service is required to make available to the public.
B. A request for public records shall:
(1) Be made in writing;
(2) Be addressed to the Public Information
				Act Representative or Official Custodian;
(3) Contain the applicant's name, address,
				and phone number; and
(4)
				Reasonably identify by brief description the specific public record
				sought.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.04 - Public Information Act Requests › Section 14.27.04.04 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Responses to a request under the Maryland Public Information Act shall be made
				in accordance with General Provisions Article, §§
									4-201 - 4-302,
				Annotated Code of Maryland.
B. The
				custodian shall deny inspection of a public record in accordance with General
				Provisions Article, §§
									4-301 - 4-302,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.04 - Public Information Act Requests › Section 14.27.04.05 - Notification of Person in Interest

Current through Register Vol. 51, No. 14, July 12, 2024
The custodian, unless otherwise prohibited by law, may notify
				  a person in interest before disclosing the public record. If the custodian
				  denies inspection in accordance with Regulation .04B of this chapter, the
				  custodian may consider the views of the person in interest before granting or
				  denying the request to inspect the public record.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.04 - Public Information Act Requests › Section 14.27.04.06 - Review of Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review of
				the denial may be submitted to the Office of the Public Access Ombudsman in
				accordance with General Provisions Article, §§ 4 -lB-01 - 4-1B-04,
				Annotated Code of Maryland.
B.
				Disputes concerning fees charged by the Service under Regulation .08 of this
				chapter may be submitted to the Public Information Act Compliance Board in
				accordance with General Provisions Article, § 4 -lA-05, Annotated Code of
				Maryland.
C. An applicant may
				obtain judicial review in accordance with General Provisions Article, §
									4-362, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.04 - Public Information Act Requests › Section 14.27.04.07 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the official custodian believes that
				inspection of a public record will cause substantial injury to the public
				interest, the official custodian may deny the Request in accordance with
				General Provisions Article, §
									4-343, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.04 - Public Information Act Requests › Section 14.27.04.08 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fee Schedule.
(1) The Service may charge reasonable fees
				for services provided under this chapter, as determined from time to time by a
				resolution of the Service's Board of Directors. As of April 1, 1996, the fees
				to be charged under this chapter are listed in this section.
(2) Copies. The fee for each copy is 25 cents
				per page for every page in excess of 25 pages if reproduction can be made by a
				photocopying machine within the Service's headquarters. There is no charge for
				copying the first 25 total pages. When the public record is not amenable to
				photocopying (for example, punch cards, magnetic tapes, large documents, and
				microfilm), the fee for reproducing the public record shall be based on the
				actual cost of reproduction. If the public records total more than 25 pages,
				the Service shall charge the applicant for the actual cost of labor expenses
				incurred by the Service for each employee photocopying the public records,
				including overhead costs at the Service's standard overhead rate.
(3) Certification of Copies. The Service
				shall charge a fee of $5 for each public record certified as a true copy, plus
				50 cents per page.
(4) Search,
				Review, and Record Preparation Fees. The Service shall charge the applicant for
				the actual cost of labor expenses, including overhead costs at the Service's
				standard overhead rate, incurred by the Service for searching or preparing
				public records for inspection or copying, including staff and attorney review
				time. The Service may not charge for any labor expenses for the first 2 hours
				of official or employee time needed to respond to a request for public records
				or to search or prepare the public records.
(5) Exception to Fee. The Service may not
				charge a fee under this regulation if the total amount of the fee due under the
				request is $10 or less.
(6)
				Returned Check Fee. The Service may charge a fee of not less than $25 for a
				dishonored check returned to the Service.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.04 - Public Information Act Requests › Section 14.27.04.09 - Waiver or Reduction of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The Official Custodian may waive or reduce any fee charged under this chapter
				in accordance with General Provisions Article, §
									4-206(e),
				Annotated Code of Maryland,
(1) The public
				record requested is promotional in nature or is routinely distributed by the
				Service to the public; or
(2) After
				consideration of the applicant's ability to pay all or a portion of the fee and
				other relevant factors, a waiver or reduction of the fee is in the public
				interest.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 27 - MARYLAND ENVIRONMENTAL SERVICE › Chapter 14.27.04 - Public Information Act Requests › Section 14.27.04.10 - Time and Location of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may inspect a public record, which the custodian
				  has determined the applicant is entitled to inspect, during a working day.
				  Unless the applicant and the custodian otherwise agree, the public record shall
				  be inspected at the Service's headquarters.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 28 - CANAL PLACE PRESERVATION AND DEVELOPMENT AUTHORITY › Chapter 14.28.01 - Open Meetings › Section 14.28.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter contains procedures regarding the conduct of
				  persons attending open meetings, and the recording and broadcasting of open
				  meetings.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 28 - CANAL PLACE PRESERVATION AND DEVELOPMENT AUTHORITY › Chapter 14.28.01 - Open Meetings › Section 14.28.01.02 - 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) "Authority" means the Canal Place
				Preservation and Development Authority.
(2) "Open session" means any meeting of the
				Authority required to be open to the public by State Government Article,
				10-501-----10-512, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 28 - CANAL PLACE PRESERVATION AND DEVELOPMENT AUTHORITY › Chapter 14.28.01 - Open Meetings › Section 14.28.01.03 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any
				open session of the Authority, the general public is invited to attend and
				observe.
B. Except in instances
				when the Authority expressly invites public testimony, questions, comments, or
				other forms of public participation, or when public participation is otherwise
				authorized by law, a member of the public attending an open session may not
				participate in the session.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 28 - CANAL PLACE PRESERVATION AND DEVELOPMENT AUTHORITY › Chapter 14.28.01 - Open Meetings › Section 14.28.01.04 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				individual attending an open session of the Authority may not engage in any
				conduct, including visual demonstrations such as the waving of placards, signs,
				or banners, that disrupts the session or that interferes with the right of
				members of the public to attend and observe the session.
B. The presiding officer may:
(1) Order an individual who engages in
				conduct prohibited by §A of this regulation or who violates any other
				regulation concerning the conduct of the open session to be removed from the
				session;
(2) Request police or
				other assistance to restore order; and
(3) Recess the session while order is
				restored.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 28 - CANAL PLACE PRESERVATION AND DEVELOPMENT AUTHORITY › Chapter 14.28.01 - Open Meetings › Section 14.28.01.05 - Recording, Photographing, and Broadcasting of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member of the
				public, including any representative of the news media, may record discussions
				of the Authority at an open session by means of a tape recorder or other
				recording device if the device does not create noise that disturbs members of
				the Authority or others attending the sessions.
B. A member of the public, including any
				representative of the news media, may photograph or videotape the proceedings
				of the Authority at an open session if the camera:
(1) Is operated without excessively bright
				artificial light that disturbs members of the Authority or others attending the
				session; and
(2) Does not create
				noise that disturbs members of the Authority or others attending the
				session.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 28 - CANAL PLACE PRESERVATION AND DEVELOPMENT AUTHORITY › Chapter 14.28.01 - Open Meetings › Section 14.28.01.06 - Recordings Not Part of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session made by a member of the
				  public, or any transcript derived from the recording, is not considered a part
				  of the record of any proceeding of the Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 28 - CANAL PLACE PRESERVATION AND DEVELOPMENT AUTHORITY › Chapter 14.28.03 - Petition for Adoption of Regulations › Section 14.28.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are promulgated pursuant to State
				  Government Article, §
									10-122, Annotated
				  Code of Maryland, for the purpose of establishing procedures by which the
				  public may petition the Canal Place Preservation and Development Authority for
				  the adoption of regulations.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 28 - CANAL PLACE PRESERVATION AND DEVELOPMENT AUTHORITY › Chapter 14.28.03 - Petition for Adoption of Regulations › Section 14.28.03.02 - 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) "Authority" means the Canal Place
				Preservation and Development Authority.
(2) "Executive Director" means the Executive
				Director of the Canal Place Preservation and Development Authority or the
				Executive Director's designee.