Maryland Administrative Code

.05 Offering of Form by Health Care Providers and Facilities. A. Any health care provider may offer the form to: (1) A patient who has the capacity to use the form; or (2) A proxy on behalf of a patient who lacks the capacity to use the form. B. A facility shall, with reasonable …

.06 Preparation of the Form. A. A patient or proxy who is considering use of the Form shall be offered assistance by: (1) The patient's attending physician; or (2) Another health care provider who: (a) Has been determined by the attending physician to have the knowledge and skill…

.07 Maintenance of the Form. A. A form prepared in accordance with Regulation .06 of this chapter is a medical record of the patient. B. In a facility, the form shall be maintained visibly at the front of the patient's active chart.

.08 Transmission and Review of the Form upon Transfer of Patient. A. A health care provider that has prepared the form for a patient or proxy shall include a complete and unaltered copy of the form in the records that physically accompany the patient upon transfer to the care of …

.09 Reproduction and Alteration of the Form. A. A health care provider may freely copy, store electronically and subsequently print, or otherwise reproduce the form. B. A health care provider may: (1) Include on the form additional identifying information about a patient; or (2) …

.10 Immunity. A. A health care provider who, in good faith, issues medical orders based on the form prepared in accordance with Regulation .06 of this chapter is entitled to the immunity provided under Health-General Article, §5-609, Annotated Code of Maryland. B. If medical orde…

.01 General. These regulations are promulgated pursuant to State Government Article, §20-1048(a), Annotated Code of Maryland, to promote cooperation between the Attorney General and the Maryland Commission on Civil Rights in areas in which the agencies have overlapping jurisdicti…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Attorney General” means the Attorney General of Maryland as established by Article V of the Constitution of the State of Maryland. (2) “Maryland Commission on Civil Rights…

.03 Jurisdiction of MCCR and the Attorney General Not Disturbed. A. The Commission and the Attorney General retain all authorities granted to them by law. Nothing in these regulations limits either MCCR or the Attorney General from taking an enforcement action within its authorit…

.04 Information Sharing. A. To the extent necessary and appropriate to facilitate the shared mission of enforcing civil rights laws, MCCR and the Attorney General shall share information regarding potential civil rights violations. B. MCCR and the Attorney General shall maintain …

.05 Referral of Cases Between MCCR and the Attorney General. A. If MCCR determines that complaints of civil rights violations may fall within the jurisdiction of the Attorney General, MCCR may refer the complaints to the Attorney General. The Attorney General may investigate, pro…

.06 Coordination in Areas of Overlapping Jurisdiction. A. MCCR and the Attorney General may jointly investigate, prosecute, and remediate conduct that constitutes a civil rights violation when it serves the public interest. B. Parallel investigations are permitted in appropriate …

.01 Purpose. This chapter is intended to promote nonparticipating manufacturer compliance with the Escrow Act and Business Regulation Article, §16-503, Annotated Code of Maryland.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Brand family” has the meaning stated in Business Regulation Article, §16-501(b), Annotated Code of Maryland. (2) “Cigarette” has the meaning stated in Business Regulation …

.03 Quarterly Escrow Payments. A. A nonparticipating manufacturer shall make the escrow payments required by the Escrow Act in quarterly installments during the year in which the sales covered by the payments are made, if the nonparticipating manufacturer has: (1) Not previously …

.04 Quarterly Certifications. A. A nonparticipating manufacturer that is required to make quarterly escrow payments under Regulation .03 of this chapter shall file a quarterly certification of compliance with the Attorney General. The nonparticipating manufacturer's certification…

.05 Quarterly Periods; Deadlines. A. For purposes of this chapter, the calendar year is divided into the following quarters: (1) January 1 through March 31; (2) April 1 through June 30; (3) July 1 through September 1; and (4) October 1 through December 31. B. The nonparticipating…

.06 Noncompliance. A. If a nonparticipating manufacturer fails to make its required quarterly escrow payment or to provide a complete quarterly certification, the Attorney General may remove the nonparticipating manufacturer and its brand families from the directory of certified …

.01 Purpose. This chapter is intended to promote uniform statewide implementation of the disposal of rape kit evidence and sexual assault victim notification requirements set forth in Criminal Procedure Article, §11-926, Annotated Code of Maryland.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Child advocacy center” has the meaning stated in Criminal Procedure Article, §11-296(a), Annotated Code of Maryland. (2) “Hospital” has the meaning stated in Criminal Proc…

.03 Information Provided to Victims. A. A health care provider that performs a sexual assault evidence collection kit exam on a victim of sexual assault shall provide the victim with: (1) If known, contact information for the investigating law enforcement agency that the victim m…

.04 Transfer and Destruction of Kits. A. Kit Transfers. (1) A sexual assault evidence collection kit shall be transferred to a law enforcement agency: (a) By a hospital or a child advocacy center within 30 days after the exam is performed; or (b) By a government agency in possess…

.01 Criteria for Analysis. A sexual assault evidence collection kit shall be submitted to a forensic laboratory for analysis unless: A. There is clear evidence disproving the allegation of sexual assault; B. The facts alleged, if true, could not be interpreted to violate a provis…

.02 Anonymous Kits. A. If a victim of sexual assault wishes to remain anonymous and not file a criminal complaint, the victim shall be informed that the victim may file a criminal complaint at a future time. B. If a provision of Regulation .01 of this chapter is determined to be …

.03 Submission to Forensic Laboratories. A. Except as provided in Regulation .01 of this chapter, an investigating law enforcement agency that receives a sexual assault evidence collection kit shall submit the kit and all requested associated reference standards to a forensic lab…

.04 Use of Victim Services Organizations. A law enforcement agency that receives a sexual assault evidence collection kit shall make use of certified sexual assault crisis programs or other qualified community-based sexual assault victim service organizations that can provide ser…

.05 CODIS. A. The eligible results of an analysis of a sexual assault evidence collection kit shall be entered into CODIS. B. The DNA collected from a victim under this chapter may not be used for any purpose except as authorized by this subtitle.

.01 Scope. This chapter sets out the procedures under which a person may request the review of a law enforcement agency’s decision not to test a sexual assault evidence collection kit.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Committee” means the Maryland Sexual Assault Evidence Kit Policy and Funding Committee. (2) “Kit” means a sexual assault evidence collection kit. (3) “SART” means a sexual…

.03 Untested Kit Review by SARTs. A. When a law enforcement agency decides not to test a kit, the victim, the victim’s representative, a Committee member, or a member of the SART where the alleged assault occurred may request an untested kit review. B. The request for an untested…

.04 Untested Kit Review by the Committee. A. After the SART issues its recommendation, the victim, victim’s representative, or member of the SART where the alleged assault occurred may request an untested kit review by the Committee. B. Subcommittee Membership. (1) The Committee …

.05 Confidential Proceedings. A. SART and Committee meetings held for the purpose of conducting untested kit reviews are not open to the public. B. Information provided to, or gathered by, a SART or the Committee for purposes of conducting an untested kit review are confidential.…

.01 Reporting by Law Enforcement Agencies. A. A law enforcement agency shall submit a copy of its written policies demonstrating compliance with this subtitle to the Office of the Attorney General within 90 days of the date this regulation goes into effect. B. On or before Septem…

.02 Reporting by Forensic Laboratories. On or before September 1, 2021, and every year thereafter, a forensic laboratory shall submit the following information to the Office of the Attorney General: A. The number of sexual assault evidence collection kits tested within the prior …

.01 Inspection of Public Records. A. In this regulation, “sociological information” means: (1) Social Security number; (2) Individual taxpayer identification number; (3) Federal employer identification number; (4) Personal street address; (5) Personal phone number; (6) Personal e…

.02 Petition for Promulgation, Amendment, or Repeal of Regulations. A. An interested person may petition the Comptroller, requesting the adoption of a new regulation under the laws administered by the Comptroller or the amendment or repeal of any existing regulation issued under …

.03 Petition for Declaratory Ruling. A. An interested person may petition the Comptroller for a declaratory ruling with respect to the applicability to a person, property, or state, of facts pertaining to the laws or the regulations administered by the Comptroller. B. A petition …

.04 Hearings and Appeals. A. Definitions. In this regulation, the following terms have the meanings indicated: (1) “Comptroller” includes any employee of the Comptroller's Office designated as a hearing officer to conduct informal hearings in contested cases. (2) “Person” means a…

.05 Hearings Under the Administrative Procedure Act. A. A person who, as a result of an action of the Comptroller, is entitled to a hearing in accordance with State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland, may request a hearing. B. The request for a …

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “ACH credit” means a transaction in which a taxpayer, through the taxpayer's bank and an automated clearing house, originates an entry crediting the State of Maryland's ban…

.02 Requirements for Payment by Immediately Available Funds. A. A taxpayer whose unpaid tax liability is $10,000 or more shall remit payment by immediately available funds pursuant to the following: (1) Except as provided for in §A(2) of this regulation, payment shall be made by …

.03 Registration. A person making a payment by ACH debit, or as an agent for a taxpayer, may be required to register with the Comptroller before initiation of an ACH tax payment.

.04 Rules for Use of ACH and Direct Debit Payments. A. General Rule. A taxpayer using the ACH payment method shall make the appropriate arrangements to initiate the payment at least one business day before the due date so that the transfer is executed on the date payment is due. …

.05 Miscellaneous Filing and Reporting Provisions. A. A person making a tax payment using the ACH credit, ACH debit, direct debit, or wire transfer method shall file the following returns: (1) For Maryland individual income tax withholding: (a) Annual Employer Withholding Reconci…

.06 Payment of Delinquent Taxes by Immediately Available Funds. The Comptroller may require a taxpayer having a delinquent unpaid tax liability to remit the unpaid taxes by immediately available funds regardless of the amount of the delinquent unpaid tax for: A. Income tax withhe…

.01 Purpose. The purpose of this chapter is to serve as a supplement to the requirements imposed on taxpayers for the maintenance and retention of books, records, and other sources of information under COMAR 03.02.02.03, 03.02.03.04, 03.03.01.05, 03.03.01.06—.07, 03.03.04.04, and…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Electronic data interchange” or “EDI technology” means the computer-to-computer exchange of business transactions in a standardized structured electronic format. (2) “Hard…

.03 Record-Keeping Requirements—General. A. If a taxpayer retains records required to be retained by the Comptroller in both machine-sensible and hard-copy formats, the taxpayer shall make the records available to the Comptroller in both formats upon request of the Comptroller. B…

.04 Record-Keeping Requirements—Machine-Sensible Records. A. General Requirements. (1) Machine-sensible records used to establish tax compliance shall contain sufficient transaction-level detail information so that the details underlying the machine-sensible records can be identi…

.05 Records Maintenance Requirements. The taxpayer's computer hardware or software shall accommodate the extraction and conversion of retained machine-sensible records.