reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.02 - Public Information Requests › Section 14.21.02.06 - Review of Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				written request is denied by the custodian, the applicant may, within 30 days
				after receipt of denial, request an administrative hearing on the
				denial.
B. If a hearing is
				requested by the applicant the hearing shall be conducted by a hearing officer
				designated by the Executive Director. After the hearing the hearing officer
				shall prepare a recommended decision which shall be submitted to the Executive
				Director.
C. If the administrative
				hearing results in a total or partial denial of the written request, the
				applicant may file an appropriate action in the circuit court under State
				Government Article, §10-623, Annotated Code of Maryland.
D. The applicant may file an action for
				judicial enforcement under State Government Article, §10-623, without
				exhausting the administrative remedy of §A of this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.02 - Public Information Requests › Section 14.21.02.07 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, in the opinion of the Executive
				Director, disclosure of any public record which is otherwise required to be
				disclosed under the Public Information Act will do substantial injury to the
				public interest, the Executive Director may:
(1) Temporarily deny the request in writing;
				and
(2) Apply within 10 working
				days of the denial to the appropriate circuit court for an order permitting the
				Executive Director to continue to deny or restrict disclosure.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.02 - Public Information Requests › Section 14.21.02.08 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Authority
				may charge reasonable fees as determined from time to time. As of July 1, 1991
				fees to be charged under this chapter are in accordance with the following fee
				schedule:
(1) Copies. The fee for each copy
				is 15 cents per page when reproduction can be made by a photocopying machine
				within the Authority. When records are not amenable to photocopying (for
				example, punch cards, magnetic tapes, large documents, and microfilm), the fee
				for reproducing the record may be based on the actual cost of
				reproduction.
(2) Certification of
				Copies. When a person requests that a copy of a record be certified as a true
				copy of the original public record, an additional cost of $1 per page shall be
				charged.
(3) Searching or Record
				Preparation. There will be a $10 per hour charge for every hour or part of it
				over 2 hours needed to search for and prepare a public record.
(4) Exception to Fee. A charge may not be
				made when the amount of the fee is $10 or less.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.02 - Public Information Requests › Section 14.21.02.09 - Time of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may inspect any public record which it has been
				  determined that the applicant is entitled to inspect during any suitable
				  working day.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.02 - Public Information Requests › Section 14.21.02.10 - Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
The place of inspection shall be the place where the document
				  is located unless the custodian determines that another place of inspection is
				  more suitable.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.03 - Petition for Adoption of Regulations › Section 14.21.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are promulgated under State Government
				  Article, §
									10-101 --10-129,
				  Annotated Code of Maryland, for the purpose of establishing procedures by which
				  the public may petition the Maryland Food Center Authority for the adoption of
				  regulations.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.03 - Petition for Adoption of Regulations › Section 14.21.03.02 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition with the Executive
				  Director requesting the promulgation, amendment, or repeal of any
				  regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.03 - Petition for Adoption of Regulations › Section 14.21.03.03 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall be in writing and shall contain:
A. A clear, concise statement of the
				regulation, amendment, or repeal which is sought;
B. Reasons in support of the proposed
				regulation change;
C. References to
				the authority of the Authority to take the action which is requested;
				and
D. The name, address, and
				telephone number of the petitioner.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.03 - Petition for Adoption of Regulations › Section 14.21.03.04 - Where Filed

Current through Register Vol. 51, No. 14, July 12, 2024
A. The petition
				shall be filed with the Executive Director for the Executive Director's
				consideration and disposition.
B.
				The time period for response to a petition begins when the petition is received
				by the Executive Director.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.03 - Petition for Adoption of Regulations › Section 14.21.03.05 - Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
Within 60 days after receipt of the petition, the Executive
				  Director shall either deny the petition in writing, stating the reasons for the
				  denial, or initiate the procedures for adoption of the regulation as submitted
				  or with appropriate modifications as determined by the Executive Director to be
				  in the best interest of the Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.03 - Petition for Adoption of Regulations › Section 14.21.03.06 - Agency File

Current through Register Vol. 51, No. 14, July 12, 2024
The Authority shall maintain a file of petitions submitted
				  and the responses which shall be available for public inspection to the extent
				  permitted by law.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.04 - Petition for Declaratory Rulings › Section 14.21.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are promulgated under State Government
				  Article, Title 10, Subtitle 3, Annotated Code of Maryland, for the purpose of
				  establishing procedures by which the public may petition the Maryland Food
				  Center Authority for a declaratory ruling.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.04 - Petition for Declaratory Rulings › Section 14.21.04.02 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
An interested person may file a petition for declaratory
				  ruling with respect to the manner in which the Authority will apply a
				  regulation or order of the Authority, or a statute that the Authority enforces,
				  to a person or property on the facts set forth in the
				  petition.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.04 - Petition for Declaratory Rulings › Section 14.21.04.03 - Filing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A petitioner
				shall file a petition within 30 days of notice from the Authority of the manner
				in which the Authority intends to apply a regulation, order, or
				statute.
B. A petition shall be
				filed with the Executive Director for consideration and disposition by the
				Authority, or by the Executive Director if the duty is delegated by the
				Authority to the Executive Director.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.04 - Petition for Declaratory Rulings › Section 14.21.04.04 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
A petition for a declaratory ruling shall be in writing and
				  shall:
A. Contain a detailed statement
				of the facts on which the petition is based;
B. Cite all regulations and statutes
				involved;
C. Evaluate whether and
				in what manner the relevant regulations apply to the petition under the facts
				contained in the petition;
D.
				Contain the name, address, and telephone number of the petitioner;
				and
E. Contain a statement by the
				petitioner, under oath, that the facts contained in the petition are
				true.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.04 - Petition for Declaratory Rulings › Section 14.21.04.05 - Consideration and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Executive Director has the duty to consider and dispose of petitions received
				with respect to:
(1) Waivers made by managers
				of Authority project operations;
(2) Implementation of agreements and
				arrangements that have been approved or authorized by the Board of Directors;
				and
(3) Implementation of contracts
				for goods and services that are within a budget that has been approved by the
				Board of Directors.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.04 - Petition for Declaratory Rulings › Section 14.21.04.06 - Appeal of Declaratory Ruling

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A declaratory ruling issued by the Executive Director may be appealed to the
				Board of Directors in writing within 10 days of the ruling, and shall be
				referred to the Board of Directors in accordance with Regulation
				.05D.
B. A declaratory ruling by
				the Board of Directors may be appealed to a circuit court in accordance with
				State Government Article, §
									10-305, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.04 - Petition for Declaratory Rulings › Section 14.21.04.07 - Agency File

Current through Register Vol. 51, No. 14, July 12, 2024
The Authority shall maintain a file of all petitions
				  submitted and the declaratory rulings issued. This file shall be available for
				  public inspection to the extent permitted by law.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.05 - Acquisition of Real Property › Section 14.21.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
The Authority may acquire real property and interests in real
				  property for any of the Authority's corporate purposes on the terms and
				  conditions that it considers appropriate.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.05 - Acquisition of Real Property › Section 14.21.05.03 - Authorization of the Executive Director Regarding Acquisitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the direction
				of the Board of Directors or on the Executive Director's own initiative the
				Executive Director may conduct preliminary negotiations or investigations
				relating to the acquisition of real property or interests in real
				property.
B. In connection with
				negotiations and acquisitions, the Executive Director, after consultation with
				the Board of Directors or at the direction of the Board of Directors, may
				obtain appraisals, surveys, engineering and architectural studies, title
				insurance, and any other items and services the Executive Director considers
				appropriate under the circumstances.
C. Upon approval of an acquisition as set
				forth in Regulation .05 of this chapter, the Executive Director shall have the
				power on behalf of the Authority to execute all documents and do all things
				necessary and convenient to accomplish the purposes of the approved
				transaction.
D. The Executive
				Director is authorized to exercise remedies for default under agreements that
				have been approved in accordance with Regulation .05 of this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.05 - Acquisition of Real Property › Section 14.21.05.04 - Review

Current through Register Vol. 51, No. 14, July 12, 2024
Proposed construction of real estate development by the
				  Authority shall be submitted for review to the Legislative Policy Committee of
				  the General Assembly of Maryland and to the Maryland Department of Fiscal
				  Services.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.05 - Acquisition of Real Property › Section 14.21.05.05 - Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
A proposed acquisition of real property or interest in real
				  property shall be submitted for approval to the Board of Directors. If approved
				  by the Board of Directors, the proposed acquisition shall be submitted for
				  approval to the State Board of Public Works.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.06 - Sale or Lease of Real Property › Section 14.21.06.02 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following term has the meaning indicated.
B. Term Defined. "Project" means the market,
				the park, and other food or agriculturally related real estate developments
				undertaken by the Authority to further the Authority's purposes, including any
				ancillary or appurtenant facilities.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.06 - Sale or Lease of Real Property › Section 14.21.06.03 - Market Value

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sales. Real
				property or interest in real property may not be sold by the Authority unless
				the purchaser pays an amount at least equal to the full appraised value of the
				real property or interest in real property as determined by the
				Authority.
B. Leases. Real property
				or interest in real property may not be leased by the Authority to any lessee
				unless the lessee pays an amount equal to the reasonable rental value of the
				real property or interest in real property as determined by the
				Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.06 - Sale or Lease of Real Property › Section 14.21.06.04 - Evaluation of Prospective Tenant or Purchaser

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Authority may require a potential
				tenant or purchaser of an interest in real property to provide the Authority
				with information relating to the potential tenant or purchaser's experience and
				financial stability, including but not limited to, audited financial
				statements, bank statements, and tax returns.
B. If two or more potential tenants or
				purchasers seek a particular property which the Authority has available for
				sale or lease, the Authority may evaluate and determine, in its sole
				discretion, which transaction will be in the best interest of the Authority,
				taking into account such factors as:
(1)
				Which potential tenant or purchaser will afford the greatest opportunity for
				success;
(2) Which potential tenant
				or purchaser will have the greatest positive effect on a project of the
				Authority;
(3) The nature of the
				product or service the potential tenant or purchaser intends to
				provide;
(4) The economic return to
				the Authority; or
(5) Other matters
				the Authority considers relevant in carrying out its purposes.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.06 - Sale or Lease of Real Property › Section 14.21.06.05 - Development Plans and Restrictive Covenants

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Authority may adopt development plans
				which designate parcels of real property to be developed for particular uses,
				and may revise the plans from time to time.
B. The Authority may restrict interests in
				real property that it conveys and may do all things necessary and convenient to
				carry out the powers expressly granted by the Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.06 - Sale or Lease of Real Property › Section 14.21.06.06 - No Brokerage Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The Authority may not be required to pay real estate
				  commission costs, or any other similar brokerage fees in connection with its
				  conveyance of real property or interests in real property.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.06 - Sale or Lease of Real Property › Section 14.21.06.07 - Authorization of Executive Director Regarding Sales and Leases

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive
				Director, in relation to the conveyance of interests in real property, may:
(1) Initiate or receive offers;
(2) Obtain and evaluate relevant
				information;
(3) Conduct
				negotiations; and
(4) Make
				recommendations to the Board of Directors.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.06 - Sale or Lease of Real Property › Section 14.21.06.08 - Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
A proposed sale or lease of real property shall be submitted
				  for approval to the Board of Directors. If approved by the Board of Directors,
				  it shall be submitted for approval to the State Board of Public
				  Works.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.07 - Project Operations › Section 14.21.07.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Terms appearing
				in the Act shall have the meanings defined there and, in addition, the meanings
				used in these regulations.
B. Terms
				Defined.
(1) "Customer" means any purchaser
				of goods or services at the market, park, or other project.
(2) "Project" means the market, the park, and
				other food or agriculturally related real estate developments undertaken by the
				Authority to further the Authority's corporate purposes, including any
				ancillary facilities.
(3)
				"Supplier" means a wholesale distributor or other business which provides
				tenants with a commodity for resale.
(4) "Tenant" means any lessee of the
				Authority who operates a business in a market or other project
				facility.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.07 - Project Operations › Section 14.21.07.03 - Management Rules

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				accordance with the applicable laws and ordinances of the jurisdictions in
				which project facilities are located, the Authority may from time to time
				establish reasonable rules of operation for project facilities, giving
				reasonable notice of these rules, and posting them in a conspicuous location at
				the project facility.
B. The rules
				may concern:
(1) Use of streets, driveways,
				docking slips, and parking areas;
(2) Hours and days of operation;
(3) Reasonable fee schedules which describe
				fees or charges to be paid by suppliers, customers, tenants, and other users of
				project facilities;
(4) Safety and
				welfare of persons and protection of property; and
(5) Other matters which pertain to the
				management of project operations.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.07 - Project Operations › Section 14.21.07.04 - Authorization of the Executive Director Regarding Project Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive
				Director has primary responsibility for management of project
				operations.
B. The Executive
				Director may:
(1) With the approval of the
				Board of Directors, engage the services of others to manage one or more project
				facilities, or to perform particular services; and
(2) Exercise remedies for default under
				agreements relating to the provision of goods or services to the
				Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.08 - Personnel › Section 14.21.08.01 - Independent Appointment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Authority may appoint and dismiss officers, agents, and employees and fix their
				compensation.
B. Employment by the
				Authority is not governed by Article 64A, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.08 - Personnel › Section 14.21.08.02 - Authorization of the Executive Director

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director shall make
				employment decisions in the best interest of the Authority and shall consider
				operational and budgetary requirements of the Authority in making the
				decisions.
B. The Executive
				Director may adopt and may revise, from time to time, guidelines for the
				administration of personnel management.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.09 - Procurement › Section 14.21.09.02 - Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for Title
				14, Subtitle 3, the provisions of the State Finance and Procurement Article,
				Division II, Annotated Code of Maryland, and regulations under the State
				Finance and Procurement Article, Division II, do not apply to the procurement
				procedures of the Authority.
B. The
				Authority may elect, at its discretion, to incorporate into its bid documents
				and contract documents, provisions similar to those customarily found in State
				contracts under the State Finance and Procurement Article, Annotated Code of
				Maryland, for similar goods and services, or other provisions that the
				Authority considers to be in its best interests.
C. Contracts by the Authority for
				construction of facilities of a project shall be made only after solicitation
				of sealed bids, except for construction on land that has been either leased or
				sold by the Authority to a private entity or entities.
D. The Executive Director may, without
				further approval by the Board of Directors, contract for goods and services
				that are within a budget that has been approved by the Board of Directors. The
				Executive Director may exercise remedies for default relating to the
				agreements.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.09 - Procurement › Section 14.21.09.03 - Procurement Officer

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Executive Director shall designate a procurement officer for any procurement
				anticipated to cost $10,000 or more.
B. The procurement officer may, in the best
				interests of the Authority:
(1) Waive any
				solicitation requirement;
(2) Amend
				or revise solicitation documents; or
(3) Reject any or all bids.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.09 - Procurement › Section 14.21.09.04 - Disputes

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive
				Director shall designate an appeals officer for any procurement anticipated to
				cost $10,000 or more.
B. Bidders
				shall submit in writing to the procurement officer any questions, comments, or
				objections regarding the solicitation documents within the time period stated
				in the solicitation documents. In the absence of any stated time period in the
				solicitation documents, written comments, questions, or objections shall be
				received by the procurement officer not later than 5 business days before the
				scheduled bid opening.
C. In the
				absence of a stated time in the contract documents, contractors shall file a
				written notice of a claim with the procurement officer within 15 days after the
				basis for the claim is known or should have been known, whichever is
				earlier.
D. Appeal from a decision
				of the procurement officer shall be submitted in writing to the appeals officer
				not later than 10 days after the decision of the procurement officer.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.09 - Procurement › Section 14.21.09.05 - Exception for Urgent Action

Current through Register Vol. 51, No. 14, July 12, 2024
Except for Regulation . 02C of this chapter and except to the
				  extent expressly required by the Act, procedures adopted under this chapter do
				  not apply to procurement of goods or services in cases where a determination
				  has been made by the Executive Director that urgent action is required. The
				  Executive Director, in these cases, may authorize expeditious procurement of
				  goods or services by such means as the Executive Director considers to be in
				  the best interests of the Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.09 - Procurement › Section 14.21.09.06 - Termination for Convenience

Current through Register Vol. 51, No. 14, July 12, 2024
The Authority may terminate contracts, in whole or in part,
				  without showing cause upon giving written notice to the contractor. In these
				  cases, the Authority shall pay reasonable costs associated with the contract
				  that the contractor has incurred up to the date of termination. The contractor
				  may not be reimbursed, however, for any anticipated profits which have not been
				  earned up to the date of termination.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.09 - Procurement › Section 14.21.09.07 - Performance and Payment Bonds

Current through Register Vol. 51, No. 14, July 12, 2024
The Authority may require performance bonds and payment bonds
				  in such amounts, in such forms, and under such circumstances as the procurement
				  officer may determine to be in the best interests of the
				  Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.10 - Waiver › Section 14.21.10.01 - Waiver of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
The Authority may waive any of the regulations set forth in
				  this subtitle in a particular instance if:
A. It has been determined that application of
				the regulation in a particular instance will be inequitable; and
B. Waiver of the regulation will not be
				inconsistent with the Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Maryland
				sentencing guidelines apply to criminal cases prosecuted in a circuit court.
				The following sentencing matters handled by judges in a circuit court are
				excluded from guidelines coverage:
(1)
				Prayers for jury trial from District Court, unless a PSI is ordered;
(2) Appeals from District Court, unless a PSI
				is ordered;
(3) Crimes which carry
				no possible penalty of incarceration;
(4) Public local laws and municipal
				ordinances;
(5) Sentencing hearings
				in response to a violation of probation;
(6) Criminal nonsupport and criminal
				contempt; and
(7) Cases adjudicated
				in a juvenile court.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.02 - 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) "Adjudication" includes a:
(a) Finding of guilt by a judge or
				jury;
(b) Plea of guilt by the
				offender;
(c) Plea of nolo
				contendere (no contest) by the offender;
(d) Sentence to probation before judgment
				(PBJ) pursuant to Criminal Procedure Article, §
											6-220(b)
				or
				6-220(c),
				Annotated Code of Maryland; or
(e)
				Finding of guilt by a general or special court-martial if the elements of the
				offense constitute an offense under Maryland law and do not require the
				defendant's service in a military force.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.03 - Sentencing Guidelines Worksheet

Current through Register Vol. 51, No. 14, July 12, 2024
A. The sentencing
				guidelines worksheet issued by the Commission on Criminal Sentencing Policy
				shall be used to calculate the sentencing guidelines.
B. The sentencing guidelines and offense
				seriousness categories in effect at the time of sentencing shall be used to
				calculate the guidelines. If it is determined that the guidelines are different
				than what they would have been if calculated using the sentencing guidelines
				and offense seriousness categories in effect on the date the instant offense
				was committed, the State's Attorney or defense counsel may bring this to the
				attention of the judge as a consideration for departure from the
				guidelines.
C. Single Criminal
				Event.
(1) The sentencing guidelines
				worksheet shall be used for up to three offenses from a single criminal
				event.
(2) If there are more than
				three offenses from a single criminal event, additional worksheets shall be
				used as needed.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.04 - Sentencing Guidelines Sentence

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Sentence Range. Suspended time is not considered in determining whether the
				sentence falls within the recommended sentence range.
B. Offender Already Under Sentence.
(1) If an offender is already serving one or
				more sentences, the time remaining to be served may be considered in
				determining whether the sentence or sentences are within the recommended
				guidelines range.
(2) The judge
				shall indicate whether the new sentence is consecutive to or concurrent with
				the existing sentence.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.05 - Sentences Outside the Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. The judge shall document on the guidelines
				worksheet the reason or reasons for imposing a sentence outside of the
				recommended guidelines range.
B.
				Common reasons for departure under the guidelines range include, but are not
				limited to, the following:
(1) The parties
				reached a plea agreement that called for a reduced sentence;
(2) The offender had a minor role in the
				offense;
(3) The offender was
				influenced by coercion or duress;
(4) The offender had diminished capability
				for judgment;
(5) The offender made
				restorative efforts after the offense;
(6) The victim's participation in the offense
				lessens the offender's culpability;
(7) The offender's commitment to substance
				abuse treatment or other therapeutic program; or
(8) Recommendation of the State's attorney or
				Division of Parole and Probation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.06 - Guidelines Worksheet Distribution

Current through Register Vol. 51, No. 14, July 12, 2024
A. Worksheet Completion. The judge, the
				State, and the defense shall receive copies of the worksheets before
				sentencing. When an agent of the Division of Parole and Probation fills in a
				worksheet, the agent shall send the judge the first four copies, together with
				the PSI and the Maryland Sentencing Guidelines Criteria for Prior Record form
				issued by the Commission on Criminal Sentencing Policy.
B. Worksheet Completion. At sentencing, the
				judge shall enter the actual sentence and any changes to the worksheet
				including changes for any counts merged at sentencing.
C. Worksheet Distribution. After sentencing,
				the clerk shall distribute copies according to individual court practice. The
				Maryland Sentencing Guidelines Criteria for Prior Record form shall accompany
				the worksheets sent to the Commission on Criminal Sentencing Policy. If the
				court orders both incarceration and probation, the clerk shall forward a copy
				of the worksheet to the appropriate probation office. The clerk shall forward a
				copy of the worksheet to the agency that has been ordered to retain custody of
				the defendant. An agency receiving an inmate eligible for parole shall
				duplicate its worksheet and forward a copy of the worksheet to the Parole
				Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.07 - Case Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. The top section
				of the sentencing guidelines worksheet contains:
(1) The offender's name, State Identification
				(SID) number, sex, race, ethnicity, and birth date;
(2) Jurisdiction where the case was
				tried;
(3) Whether or not a PSI was
				available;
(4) Dates of offense and
				sentencing;
(5) Number of offenses
				and criminal events at the sentencing being reported;
(6) The number of the worksheet and criminal
				event;
(7) Disposition type,
				modification to COV sentences, and representation;
(8) The title of the instant offense and its
				seriousness category (I-VII), Maryland State Criminal Charge Code (commonly
				known as a "CJIS" code), and Annotated Code of Maryland article and section
				number or common law reference;
(9)
				Statutory maximum and mandatory minimum penalties;
(10) The case or docket number;
(11) Whether or not victim-related court
				costs were imposed.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.08 - Guidelines Scoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. For person
				offenses, the individual completing the worksheet shall compute an offense
				score and an offender score for each offense to be sentenced.
B. For drug and property offenses, the
				individual completing the worksheet shall compute the offender score and shall
				use the assigned offense seriousness category.
C. Seriousness Category of the Offense.
(1) Unless placed in a different category or
				specifically addressed by separate statute, the individual completing the
				worksheet shall consider a conspiracy, attempt, or solicitation in the same
				seriousness category as the substantive offense.
(2) For conspiracy to commit a lawful act by
				unlawful means, the seriousness category and offense type classification shall
				be the same as the most serious unlawful means by which the lawful act was to
				be accomplished If there is a question as to the seriousness category or
				offense type classification for the conspiracy to commit a lawful act by
				unlawful means, that question shall be brought to the attention of the judge at
				sentencing.
(3) Accessoryship.
(a) If the accessory after the fact has a
				penalty of 5 years or greater under Criminal Law Article, §
											1-301, Annotated Code of
				Maryland, a seriousness category V shall be assigned, unless the underlying
				offense has a seriousness category of less than V, in which case the accessory
				after the fact shall be assigned the same seriousness category as the
				underlying offense.
(b) If the
				accessory after the fact has a penalty of less than 5 years under Criminal Law
				Article, §
											1-301, Annotated Code of
				Maryland, the seriousness category shall be the same category as the underlying
				offense.
(4) For
				conspiracy, attempt, solicitation, or accessoryship, the individual completing
				the worksheet shall specify the substantive illegal activity involved, and the
				substantive offense's Annotated Code of Maryland article and section number, if
				any.
(5) If a Maryland offense has
				not been assigned a seriousness category and the offense has a maximum penalty
				of 1 year or less, the offense shall be assigned the lowest seriousness
				category (VII).
(6) If a Maryland
				offense has not been assigned a seriousness category and the offense has a
				maximum penalty greater than 1 year, the individual completing the worksheet
				shall use the closest analogous offense and the sentencing judge and the
				parties shall be notified.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.10 - Computation of the Offender Score

Current through Register Vol. 51, No. 14, July 12, 2024
A. Computation
				of the Offender Score. The individual completing the worksheet shall derive the
				offender score by totaling the points represented by the offender's prior
				criminal history. Any prior criminal adjudications, as defined in COMAR
				14.22.01.02B(1),
				shall be included. With the exception of the juvenile delinquency component of
				the offender score, the offender score refers only to the defendant's adult
				involvement with the criminal justice system. A prior adjudication of not
				criminally responsible (NCR) or not guilty by reason of insanity may not be
				included when calculating the offender score.
B. Four Components of the Offender Score.
(1) Relationship to the Criminal Justice
				System When Instant Offense Occurred.
(a) If
				the offender was in the criminal justice system as the result of an
				adjudication as an adult when the instant offense occurred, the individual
				completing the worksheet shall assign a score of 1.
(b) The offender was in the criminal justice
				system if the offender was on parole, on probation, incarcerated, on work
				release, on mandatory supervision, was an escapee, or had a comparable status
				at the time the offense was committed.
(c) An offender is not considered to be in
				the criminal justice system if the offender was on unsupervised probation for
				an offense not punishable by imprisonment.
(d) Relationship to the criminal justice
				system may differ across offenses in multiple offense sentencing events. If
				there is more than one instant offense and the offender was in the criminal
				justice system at the time one or more offenses occurred, but not in the
				criminal justice system at the time additional offense (s) in the sentencing
				event occurred, the person completing the sentencing guidelines worksheet shall
				assign a score of 1 to those offenses that were committed while the offender
				was in the criminal justice system. The person completing the sentencing
				guidelines worksheet shall assign a score of zero to those offenses that were
				committed while the offender was not in the criminal justice system.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.11 - Determining the Guidelines Sentence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Guidelines
				Range. After the offense and offender scores have been calculated for each
				offense, the individual completing the worksheet shall use the appropriate
				matrix - person, drug, or property - to determine the guidelines range. In
				multiple offense cases, the individual completing the worksheet shall determine
				the overall guidelines range after calculating guidelines for the individual
				offenses.
B. Actual Sentence. At
				the time of sentencing, the judge shall enter the actual sentence on the
				worksheet. Complete sentencing information for each offense includes credit for
				time served, suspended time, length of probation, fine, restitution, and
				community service. If at any time a sentence is altered, a judge shall issue a
				revised worksheet and direct that the worksheet be distributed in the same
				manner as an original worksheet.
C.
				Person Offenses.
(1) To find the recommended
				guidelines sentence for a person offense, the individual completing the
				worksheet shall use the sentencing matrix for offenses against persons. The
				guideline ranges are in a grid format with the offense score on the vertical
				axis and the offender score on the horizontal axis. The guidelines range for
				any given offense is in the cell where the two scores intersect.
(2) Sentencing Matrix for Offenses Against
				Persons.
SENTENCING MATRIX FOR OFFENSES AGAINST PERSONS
							 OFFENDER SCORE
OFFENSE SCORE
0
1
2
3
4
5
6
7+
1
P
P
P-3M
3M-1Y
3M-18M
3M-2Y
6M-2Y
1Y-3Y
2
P-6M
P-1Y
P-18M
3M-2Y
6M-3Y
1Y-5Y
18M-5Y
3Y-8Y
3
P-2Y
P-2Y
6M-3Y
1Y-5Y
2Y-5Y
3Y-7Y
4Y-8Y
5Y-10Y
4
P-3Y
6M-4Y
1Y-5Y
2Y-5Y
3Y-7Y
4Y-8Y
5Y-10Y
5Y-12Y
5
3M-4Y
6M-5Y
1Y-6Y
2Y-7Y
3Y-8Y
4Y-10Y
6Y-12Y
8Y-15Y
6
1Y-6Y
2Y-7Y
3Y-8Y
4Y-9Y
5Y-10Y
7Y-12Y
8Y-13Y
10Y-20Y
7
3Y-8Y
4Y-9Y
5Y-10Y
6Y-12Y
7Y-13Y
9Y-14Y
10Y-15Y
12Y-20Y
8
4Y-9Y
5Y-10Y
5Y-12Y
7Y-13Y
8Y-15Y
10Y-18Y
12Y-20Y
15Y-25Y
9
5Y-10Y
7Y-13Y
8Y-15Y
10Y-15Y
12Y-18Y
15Y-25Y
18Y-30Y
20Y-30Y
10
10Y-18Y
10Y-21Y
12Y-25Y
15Y-25Y
15Y-30Y
18Y-30Y
20Y-35Y
20Y-L
11
12Y-20Y
15Y-25Y
18Y-25Y
20Y-30Y
20Y-30Y
25Y-35Y
25Y-40Y
25Y-L
12
15Y-25Y
18Y-25Y
18Y-30Y
20Y-35Y
20Y-35Y
25Y-40Y
25Y-L
25Y-L
13
20Y-30Y
25Y-35Y
25Y-40Y
25Y-L
25Y-L
30Y-L
L
L
14
20Y-L
25Y-L
28Y-L
30Y-L
L
L
L
L
15
25Y-L
30Y-L
35Y-L
L
L
L
L
L
Note: P=Probation M=Months Y=Years L=Life
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.12 - Multiple Offense Scoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. Single
				Criminal Event, Not More Than One Seriousness Category I or II Offense.
(1) The individual completing the worksheet
				shall calculate the guidelines range for each offense.
(2) The individual completing the worksheet
				shall determine the overall guideline range by:
(a) Identifying the highest of the lower
				guidelines limit of all the offenses;
(b) Except as provided in §A(2)(c) of
				this regulation, identifying the highest of the upper guidelines limit of all
				the offenses; and
(c) If there are
				separate offenses involving different victims, adding or "stacking" the highest
				of the upper guidelines limit for each offense with a unique victim. Only one
				offense per distinct victim may be used to calculate the overall guidelines
				range. Animals may not be considered victims for the purposes of applying the
				multiple victims stacking rule.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.13 - Presentence Detention

Current through Register Vol. 51, No. 14, July 12, 2024
When a defendant has been incarcerated before sentencing, the
				  judge shall indicate the detention under "Actual Sentence". The judge shall
				  indicate either the number of days credit for time served or the date on which
				  the sentence is to begin.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.14 - Mandatory Sentences

Current through Register Vol. 51, No. 14, July 12, 2024
A. Statutory
				Maximums. If the guidelines sentence range exceeds the statutory maximum for a
				given offense, the statutory maximum is the upper limit of the guidelines
				range.
B. Mandatory Minimums. If
				the guidelines range is below the nonsuspendable mandatory minimum, that
				minimum is the lower limit of the guidelines range.
C. First Degree Murder. The adjusted
				guidelines range for first degree murder is always a term of "life to life" and
				should replace the calculated guidelines range.
D. Mandatory Consecutive Sentences. When
				there is a criminal event with multiple offenses, and the sentence for one of
				the offenses is statutorily required to run consecutive to the sentence for
				another offense in the same criminal event, the person completing the
				sentencing guidelines worksheet shall add the upper limit of the guidelines
				range for the offense whose sentence is required to run consecutive to another
				offense to the upper limit of the guidelines range for the eligible other
				offense to obtain the upper limit of the overall guidelines range. Whenever the
				sentence for an offense is statutorily required to run consecutive to the
				sentence for more than one other offense in the criminal event, the person
				filling out the worksheet shall add the upper limit of the guidelines range for
				that offense to the upper limit of the guidelines range for the eligible
				offense with the highest upper guidelines limit.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.15 - Subsequent Offenses

Current through Register Vol. 51, No. 14, July 12, 2024
Enhanced punishment law for subsequent offenders takes
				  precedence over guidelines ranges if not otherwise provided for in these
				  regulations. When the statutory penalty for a drug offense is doubled under
				  Criminal Law Article, §
									5-905, Annotated Code of
				  Maryland, the guidelines range for that offense is also doubled. The guidelines
				  sentence is determined by doubling the appropriate sentence from the drug
				  offense sentencing matrix except when the mandatory minimum sentence is invoked
				  and takes precedence. If sentencing is pursuant to an enhanced punishment
				  statute, the individual completing the worksheet shall mark the worksheet and
				  specify the statute.