COMAR Title 04 — DEPARTMENT OF GENERAL SERVICES

04.01.01 Public Information Requests

COMAR 04.01.01.01 General.

These regulations set out procedures for filing requests with the Department of General Services for the inspection and copying of records under State Government Article, §§10-611—10-630, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when that access is allowed by law, by minimizing costs and time delays to persons requesting information.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.02 Definitions.

A. “Act” means State Government Article, §§10-611—10-630, Annotated Code of Maryland.

B. “Applicant” means a person requesting disclosure of public records.

C. “Custodian” means an authorized person employed by the Department having personal custody and control of public records of the Department.

D. “Department” means the Department of General Services.

E. “Official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Department. Unless otherwise provided by law, the Secretary is the official custodian of the Department's records.

F. “Public records” means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics. Public records includes all copies made or received by the Department in connection with the transaction of public business and includes the salaries of all employees of the Department.

G. “Secretary” means the Secretary of General Services.

H. “Working day” means a day other than Saturday, Sunday, or State holiday.

I. “Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.03 Who May Request.

Any person may request to inspect or copy public records of the Department.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.04 Necessity for Written Request.

A. Inspections.

(1) Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request.

(2) The custodian shall require a written request if the custodian reasonably believes that the Act, or any other law, may prevent the disclosure of the record to the applicant, or that a written request will materially assist the Department in responding to the request.

B. Copies. If the applicant is requesting a copy of any public record, the custodian may require a written request by the applicant.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.05 Contents of Written Request.

A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.06 Filing Written Request.

A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.07 Response to Written Request.

A. If the custodian decides to grant a written request for inspection, he shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request when that period of time is needed to retrieve the information.

B. If the custodian decides to deny the written request, he shall do so within 30 days of the written request and immediately upon deciding to deny the request, notify the applicant of the denial.

C. If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.

D. With the consent of the applicant, any time limit imposed by §§A—C, of this regulation, may be extended for an additional period not to exceed 30 days.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.08 Notification of Persons Who May be Affected By Disclosure.

Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.09 Records Temporarily Unavailable.

If a requested public record is in the custody and control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.10 Records Destroyed or Lost.

If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.11 Review of the Denial.

A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.

B. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Secretary and the hearing shall be governed by State Government Article, Title 10, Subtitle 2. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. The Secretary shall issue the final decision of the Department.

C. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under §10-623 of the Act.

D. If the applicant chooses not to request a hearing under §A, above, the applicant may file an action for judicial enforcement under §10-623 of the Act without exhausting that administrative remedy.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.12 Disclosure Against Public Interest.

If, in the opinion of the official custodian, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.13 Fees.

A. The fee schedule for copying and certifying copies of records is as follows:

(1) Copies. The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the fee for copies will be based on the actual cost of reproduction.

(2) Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 per page shall be charged.

(3) Minimum Fee Charged. A charge will not be made if the total amount of the fee would be $1 or less.

B. Notwithstanding §A, of this regulation, if the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged.

C. If the custodian is unable to copy a record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.

D. Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record.

E. Except as provided in §F, of this regulation, the official custodian may charge reasonable fees for official or employee time expended searching for requested records or for any time expended preparing records for inspection and copying.

F. The official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information.

G. Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee.

H. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.14 Time of Inspection.

An applicant may inspect any public record that he is entitled to inspect during the normal working hours of the Department.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

COMAR 04.01.01.15 Place of Inspection.

The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient.

History

Administrative History: Effective date: January 30, 1975 (2:4 Md. R. 222)
Administrative History: Chapter recodified from COMAR 04.03.01 to 04.01.01
Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Administrative History: ——————
Administrative History: Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Administrative History: Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland

04.01.02 Petition for Promulgation, Amendment, or Repeal of Regulations

COMAR 04.01.02.01 Who May File.

Any interested person may file a petition with the Secretary to adopt a new regulation under the laws administered by the Department of General Services or the amendment or repeal of any existing regulation issued under those laws.

History

Administrative History: Effective date: November 9, 1982 (9:22 Md. R. 2196)
Authority: State Government Article, § 10-123, Annotated Code of Maryland

COMAR 04.01.02.02 Form.

The petition shall be submitted in writing and shall provide the following information:

A. The full text of a proposed regulation or regulations.

B. The identification and the full text of an existing regulation or regulations, as proposed to be amended, indicating proposed changes.

C. The identification of the regulation or regulations for which repeal is sought.

D. A statement in support of the proposal made. This statement shall:

(1) Make reference to the statutory basis for the proposal, including, when appropriate, judicial and administrative interpretations of the statute or statutes in question;

(2) Include specific objections to existing regulations, practices, or interpretations; and

(3) Set forth the policy considerations which support adoption of the proposal.

E. A statement describing in detail the interest of the petitioner in making the proposal. This description shall include a statement as to whether the proposal is intended to affect the consequences of any transaction or transactions entered into or contemplated by the petitioner, its vendors, customers, clients, or any person upon whose request or upon whose behalf the proposal is made, which are known by the petitioner to be the subject of an inquiry of the Department of General Services and shall contain an explanation of the circumstances surrounding the inquiry, if any.

History

Administrative History: Effective date: November 9, 1982 (9:22 Md. R. 2196)
Authority: State Government Article, § 10-123, Annotated Code of Maryland

COMAR 04.01.02.03 Submission, Consideration, and Disposition.

A. Within 60 days after submission of a petition, the Secretary of the Department of General Services shall either deny the petition in writing, stating the reasons for the denial, or initiate rule-making proceedings.

B. If a petition is denied, another petition substantially the same as the one denied within the past 6 months will not be accepted for review unless circumstances, as determined solely by the Department, warrant otherwise.

History

Administrative History: Effective date: November 9, 1982 (9:22 Md. R. 2196)
Authority: State Government Article, § 10-123, Annotated Code of Maryland

04.01.03 Petition for Declaratory Ruling

COMAR 04.01.03.01 Who May File.

Any interested person may file with the Secretary of the Department of General Services a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of the laws administered by the Department and regulations set forth in Title 04 of COMAR.

History

Administrative History: Effective date: November 9, 1982 (9:22 Md. R. 2196)
Authority: State Government Article, §10-304, Annotated Code of Maryland

COMAR 04.01.03.02 Form.

A. A petition for declaratory ruling shall be filed in writing and clearly marked to indicate that it is being filed pursuant to this regulation. It shall contain a detailed statement of the facts on which the petition is based, shall set forth fully the statutes, regulations, or judicial decisions relevant to the issue, and shall pose the question of whether, and in what manner, the statutes, regulations, or judicial decisions apply to the petitioner under the facts outlined in the petition.

B. In addition, the petition shall contain a statement describing in detail the interest of the petitioner in making the request for the declaratory ruling. This description shall include a statement as to whether the declaratory ruling sought is intended to affect the consequences of any transaction or transactions entered into or contemplated by the petitioner, its vendors, customers, clients, or any person upon whose request or upon whose behalf the declaratory ruling is sought, which are known by the petitioner to be the subject of an inquiry of the Department of General Services and shall contain an explanation of the circumstances surrounding the inquiry, if any.

History

Administrative History: Effective date: November 9, 1982 (9:22 Md. R. 2196)
Authority: State Government Article, §10-304, Annotated Code of Maryland

COMAR 04.01.03.03 Consideration and Disposition.

A. The Secretary shall consider the petition and may, at his discretion, issue the declaratory ruling requested. The Secretary may require argument on the petition. Any declaratory ruling issued shall plainly state that it is a declaratory ruling pursuant to this regulation. A written answer from the Secretary or any employee of the Department to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation.

B. As to the petitioner, a declaratory ruling shall be binding upon the Secretary as to any transaction covered thereby, entered into before the date of the declaratory ruling, and any transaction entered into in reliance upon the declaratory ruling unless, after the issuance of the declaratory ruling and before any affected transaction, a change in the legal basis of the declaratory ruling is made by statute, regulation, or judicial decision. With prospective effect only, a declaratory ruling may be revoked, altered, or amended by the Secretary, at any time.

C. The Secretary may publish declaratory rulings of general interest, subject to protection of the identity of the petitioner and any confidential information contained in the petition for declaratory ruling.

History

Administrative History: Effective date: November 9, 1982 (9:22 Md. R. 2196)
Authority: State Government Article, §10-304, Annotated Code of Maryland

04.01.04 Personal Records

COMAR 04.01.04.01 General.

These regulations set out procedures which govern the form and method for submission of an annual report to the Department of General Services which describes personal records kept by a unit or instrumentality of the State government.

History

Administrative History: Effective date: Regulations .01—.05 effective October 6, 1986 (13:20 Md. R. 2207)
Authority: State Government Article, §10-624 Annotated Code of Maryland

COMAR 04.01.04.02 Definitions.

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) “Personal record” means a public record that names or, with reasonable certainty, otherwise identifies an individual by an identifying factor such as:

(a) An address;

(b) A description;

(d) A number; or

(e) A picture.

(2) “Secretary” means the Secretary of General Services or the Secretary's designee.

History

Administrative History: Effective date: Regulations .01—.05 effective October 6, 1986 (13:20 Md. R. 2207)
Authority: State Government Article, §10-624 Annotated Code of Maryland

COMAR 04.01.04.03 Annual Report.

A. A unit or instrumentality of the State government which keeps personal records shall submit an annual report to the Secretary.

B. This regulation does not apply to a:

(1) Unit in the Legislative branch of State government;

(2) Unit in the Judicial branch of State government; or

(3) Board of license commissioners.

C. The annual report shall state:

(1) The name of the unit or instrumentality;

(2) For each set of the personal records:

(a) The name,

(b) The location, and

(3) For each set of personal records that has not been previously reported:

(a) The category of individuals to whom the set applies,

(b) A brief description of the types of information the set contains,

(d) By category, the source of information for the set, and

(e) The policies and procedures of the unit or instrumentality as to access and challenges to the personal record by the person in interest and storage, retrieval, retention, disposal, and security, including controls on access;

(4) For each set of personal records that has been disposed of or changed significantly since the unit or instrumentality last submitted a report, the information required under §C(3) of this regulation.

D. A unit or instrumentality that has two or more sets of personal records may combine the personal records in the report only if the character of the personal records is highly similar.

History

Administrative History: Effective date: Regulations .01—.05 effective October 6, 1986 (13:20 Md. R. 2207)
Authority: State Government Article, §10-624 Annotated Code of Maryland

COMAR 04.01.04.04 Form and Method of Reporting Personal Records.

A. The Secretary shall develop and issue forms and instructions annually which enable units and instrumentalities of State government, other than those identified in Regulation .03B, to comply with the requirements of this chapter.

B. The Secretary shall request, by June 1 of each year, a fiscal year annual report of personal records. The report shall be due within 60 days of the Secretary's request.

History

Administrative History: Effective date: Regulations .01—.05 effective October 6, 1986 (13:20 Md. R. 2207)
Authority: State Government Article, §10-624 Annotated Code of Maryland

COMAR 04.01.04.05 Public Inspection.

The Secretary shall make the annual report available for public inspection in accordance with COMAR 04.01.01.

History

Administrative History: Effective date: Regulations .01—.05 effective October 6, 1986 (13:20 Md. R. 2207)
Authority: State Government Article, §10-624 Annotated Code of Maryland

04.01.05 Public-Private Partnership Program

COMAR 04.01.05.01 Purpose.

The purpose of this chapter is to:

A. Establish a Department of General Services Public-Private Partnership Program (Program) to enhance the State’s non-transit infrastructure assets; and

B. Describe and provide a process for the development, solicitation, evaluation, award, and delivery of Public-Private Partnerships in the Department’s Program.

History

Administrative History: Effective date: December 30, 2019 (46:26 Md. R. 1163)
Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

COMAR 04.01.05.02 Scope.

A. In accordance with State Finance and Procurement Article, §10A-101 (g)(1), Annotated Code of Maryland, the Department is a reporting agency that may establish Public-Private Partnerships and execute Public-Private Partnership agreements in connection with any public infrastructure assets for which it is responsible.

B. Within the Department, the Secretary may establish a Public-Private Partnership operational unit and/or designate an employee of the Department to administer the Department’s Program.

History

Administrative History: Effective date: December 30, 2019 (46:26 Md. R. 1163)
Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

COMAR 04.01.05.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Budget Committees” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(2) “Department” means the Department of General Services.

(3) “Industry forum” means a pre-solicitation information gathering event that may include public and private sector participants.

(4) “Industry review meeting” means a meeting during the solicitation process with shortlisted private entities.

(5) “Internal sponsor” means the senior manager or executive staff member of the Department of General Services that will serve as the primary support, or advocate, for the proposed project being submitted for consideration.

(6) “Multi-step solicitation process” means a Public-Private Partnership solicitation process that includes some or all of the following steps:

(a) Issuance of a Request for Information (RFI);

(b) Issuance of a request for qualifications;

(d) Issuance of a draft request for proposals;

(e) Industry review meetings; and

(f) Issuance of a final request for proposals.

(7) “Private entity” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(8) “Program” means the structure, process, methodology, and terms and conditions applicable to the Department’s development, solicitation, evaluation, award, and delivery of non-transit public infrastructure assets for which it is responsible in accordance with State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(9) “Project Committee” is the Public-Private Infrastructure Project Committee established to advise the Secretary on the structure and implementation of the Department’s Public-Private Partnership Program and comprised of Department and other State employees identified by the Secretary.

(10) “Public infrastructure asset” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(11) “Public notice of solicitation” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(12) “Public-Private Partnership” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(13) “Public-Private Partnership candidate concept application” means the documentation that must be submitted to the Project Committee to initiate and inform a high-level review of a Public-Private concept generated from within the Department, or by other State agencies.

(14) “Reporting agency” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(15) “Responsibility determination” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.

(16) “Secretary” means the Secretary of the Department of General Services.

(17) “Shortlisted private entity” means a private entity that has been both qualified based on its response to a request for qualifications and selected as one of the highest qualified private entities, allowing them to continue in the solicitation process.

History

Administrative History: Effective date: December 30, 2019 (46:26 Md. R. 1163)
Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

COMAR 04.01.05.04 Public-Private Infrastructure Project Committee.

A. The Project Committee is established to advise the Secretary on the structure and implementation of the Department’s Program, including, but not limited to the following:

(1) Identification of potential Public-Private Partnership opportunities for screening;

(2) Screening of Public-Private Partnership opportunities, including both high-level and detailed-level;

(3) Prioritization of Public-Private Partnership opportunities for solicitation;

(4) Developing pre-solicitation and solicitation plans and processes for Public-Private Partnership opportunities;

(5) Ongoing monitoring of Public-Private Partnerships; and

(6) Coordination and communication with other State reporting agencies.

B. The Project Committee shall be comprised of Department and other State employees as identified by the Secretary.

C. The Project Committee shall be chaired by a Department employee.

History

Administrative History: Effective date: December 30, 2019 (46:26 Md. R. 1163)
Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

COMAR 04.01.05.05 Project Identification Process.

A. Public-Private Partnership concepts and opportunities may be identified within the Department and through other State, regional, local, and municipal processes.

(1) Potential Public-Private Partnership concepts and opportunities may be identified through periodic planning, communication, and evaluation processes that are carried out within the Department and through other state, regional, local, and municipal processes.

(2) Public-Private Partnership Candidate Concept Application.

(a) To initiate a high-level review, screening, and policy analysis of a proposed Public-Private Partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Project Committee chair by an Assistant Secretary, designated as an Internal Sponsor.

(b) A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed.

(c) Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, and to the extent such information is available, shall include but is not limited to:

(i) Preliminary ideas of Public-Private Partnership scope, schedule, and project lifecycle considerations;

(ii) Preliminary qualitative evaluation of relevant benefits and cost;

(iii) Preliminary description of financial concepts;

(iv) Rationale for a Public-Private Partnership delivery method relative to a conventional project delivery approach; and

(v) Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06.C(1) of this chapter.

(d) The format and required contents of the Public-Private Partnership Candidate Concept Application shall be:

(i) Developed by the Project Committee;

(ii) Approved by the Secretary; and

(iii) Updated by the Project Committee as needed.

B. Unsolicited Proposals.

(1) In accordance with State Finance and Procurement Article, §10A-301, Annotated Code of Maryland, the Department shall be permitted to accept, reject, or evaluate unsolicited proposals for Public-Private Partnerships that will assist the Department in implementing its functions in a manner consistent with State policy.

(2) An unsolicited proposal may be submitted at any time.

(3) An unsolicited proposal shall:

(a) Be sealed and delivered to the Secretary’s Office to the attention of the Project Committee chair bearing the private entity’s name, address, and the words “Public-Private Partnership Unsolicited Proposal” clearly on the outside; and

(b) Consist of five hard copies and one electronic copy.

(4) Unsolicited Informational Meetings.

(a) Private entities may request meetings with the Department to discuss potential unsolicited proposals prior to submission.

(b) Requests for unsolicited informational meetings shall be submitted to the Project Committee chair.

(d) During unsolicited informational meetings, the Department may, but is not required to, provide verbal feedback and comments to the private entity.

(e) The primary purpose of unsolicited informational meetings shall be to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State’s public infrastructure needs.

(f) A formal review and screening of an unsolicited proposal shall be undertaken only after a private entity completes the formal submission process.

(5) An unsolicited proposal shall be conceptual, containing only the information required for the Project Committee to conduct a high-level review and screening of the proposed Public-Private Partnership concept.

(6) An unsolicited proposal shall include, at a minimum, the following:

(a) An executive summary of the major elements of the unsolicited proposal, including:

(i) The title of the proposed concept;

(ii) A brief description and justification of the proposed concept;

(iii) The name and address of the private entity; and

(iv) A signature of an individual authorized to act on behalf of and bind the private entity, along with the individual’s telephone number and email address;

(b) Summary of the experience, expertise, technical and financial competence, and professional qualifications of the private entity;

(i) The key components of the proposed Public-Private Partnership concept;

(ii) Preliminary ideas of the Public-Private Partnership scope, schedule, and project lifecycle considerations;

(iii) Preliminary qualitative evaluation of relevant benefits and costs;

(iv) Preliminary description of financial concepts;

(v) The relevance of the public-private concept to other Department facilities or other public infrastructure assets; and

(vi) How the Public-Private Partnership concept is consistent with existing governmental planning or project documents and governing law;

(d) A high-level description of financial feasibility that includes:

(i) Amounts and sources of any public funding that may be required;

(ii) How estimated funding from all relevant sources would be sufficient to support all asset delivery activities, including design, property and equipment acquisition, construction, long term capital replacement activities, financing, operations, and maintenance; and

(iii) How estimated funding from all relevant sources would be sufficient to provide for contingencies to meet the terms and conditions under which the public infrastructure asset shall be handed back to the Department at the expiration or termination of the Public-Private Partnership agreement;

(e) Rationale for a Public-Private Partnership delivery method relative to a conventional project delivery approach;

(f) Clear indication of any proprietary information that should be protected in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland; and

(g) Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.

(7) Unsolicited Proposal Fee.

(a) Each initial unsolicited proposal for a new project shall be accompanied by a check made payable to the State of Maryland/Department of General Services in the amount of $50,000.

(b) Each unsolicited proposal that addresses a project already in place shall be accompanied by a check in the amount of $10,000 made payable to the State of Maryland/Department of General Services.

(c) The Department reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals shall be considered separate proposals that require separate proposal fees.

(d) The Department may require more than one fee.

(e) Unsolicited proposal fees are non-refundable.

History

Administrative History: Effective date: December 30, 2019 (46:26 Md. R. 1163)
Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

COMAR 04.01.05.06 Screening Process.

A. The purpose of the screening is to assist the Department in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a Public-Private Partnership methodology.

B. The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated Public-Private Partnership concepts and unsolicited public-private concepts.

C. The screening process shall be organized in two phases:

(1) High-Level Screening Phase.

(a) Factors to be considered during the high-level screening may include, but are not limited to:

(i) Ability to meet State infrastructure, socioeconomic development, workforce, and environmental goals;

(ii) Technical implementation considerations;

(iii) Potential need for coordination with other State agencies;

(iv) Ability to allocate and share risks in a cost effective manner that shall be consistent with State law and in the best interests of the State;

(v) Opportunities to reduce reliance on public funds or finance, or both;

(vi) Public affordability considerations;

(vii) Potential for increased revenue generation and revenue sharing with the Department; and

(viii) Potential impact on the workforce, including existing State employees, if any.

(b) For internally generated Public-Private Partnership concepts, the high level screening shall be conducted based on the Public-Private Candidate Concept Application and supporting information provided by the Internal Sponsor.

(c) For unsolicited Public-Private concepts, the high-level screening shall be conducted based on information provided by the private entity in an unsolicited proposal and any supplementary information available within the Department.

(d) Based on the findings of the high-level screening, the Project Committee may recommend to the Secretary that specific Public-Private Partnership concepts be advanced or not advanced to the detailed-level screening.

(e) The Secretary’s written approval shall be required to advance or not advance a Public-Private Partnership concept to the detail-level screening phase.

(f) Within 45 days after receipt of a Public-Private Partnership Candidate Concept Application or unsolicited proposal, the Project Committee shall:

(i) Notify the Internal Sponsor or private entity that the concept has been advanced or not advanced to detailed-level screening; or

(ii) Request additional information from the Internal Sponsor or private entity.

(2) Detailed-Level Screening Phase.

(a) The detailed-level screening phase shall be more comprehensive than the high-level screening phase.

(b) In addition to the findings of the high-level screening phase, analyses and documentation during the detailed-level screening phase may include some or all of the following categories:

(i) Scope, design concepts, and phasing schedules;

(ii) Compliance with federal and State environmental and transportation planning requirements;

(iii) Technical and financial feasibility analyses;

(iv) Evaluation of operations and maintenance requirements;

(v) Asset lifecycle costs and revenue estimates;

(vi) Risk assessment of key asset delivery elements;

(vii) In the event that a Public-Private Partnership delivery method may have a potential impact on the workforce or existing State employees, a preliminary assessment of the potential impact and potential options for mitigating that impact, including the protections allotted to State employees that are in effect at the time that the Public-Private Partnership Agreement is approved by the Board of Public Works; and

(viii) Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a Public-Private Partnership delivery method.

(c) The types of analyses and resources committed to a detailed-level screening phase will be determined by the Project Committee and the Secretary, on a case-by-case basis.

(d) Based on the findings of the detailed-level screening, the Project Committee shall make recommendations to the Secretary as to which Public-Private Partnership concepts should be advanced and which should not be advanced to submission of a pre-solicitation report.

(e) The Secretary’s written approval shall be required to advance or not advance a Public-Private Partnership concept to submission of a pre-solicitation report.

(f) Within 45 days after advancement of a Public-Private Partnership concept to the detailed-level screening analysis phase, the Project Committee shall:

(i) Notify the Internal Sponsor or private entity that the concept is or is not under development for possible submission of a pre-solicitation report; or

(ii) Request additional information from the Internal Sponsor or private entity.

Cross References

04.01.05.05B(6)(g)

History

Administrative History: Effective date: December 30, 2019 (46:26 Md. R. 1163)
Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

COMAR 04.01.05.07 Pre-solicitation.

A. Pre-solicitation Report Development.

(1) The development of a pre-solicitation report for submission involves a broad range of activities that may run concurrent to the high-level and detailed-level screening phases.

(2) In consultation with the Project Committee, the Secretary shall determine:

(a) The tasks required for the development of a pre-solicitation report; and

(b) The responsible parties within the Department.

(3) The development of a pre-solicitation report containing all elements required in State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland may entail a variety of tasks, including but not limited to:

(a) Analyses and documentation, including some or all of the following categories:

(i) Scope, design concepts, and phasing schedules;

(ii) Compliance with federal and State environmental planning requirements;

(iii) Technical and financial feasibility analyses;

(iv) Evaluation of operations and maintenance requirements;

(v) Asset lifecycle costs and revenue estimates;

(vi) Risk assessment of key asset delivery elements;

(vii) In the event that a Public-Private Partnership delivery method may have a potential impact on existing State employees, analysis of potential impact and potential options for mitigating the impact; and

(viii) Other analyses determined to be necessary to determine appropriateness, viability, and effectiveness of a Public-Private Partnership delivery method.

(b) Issuing public requests for information to obtain additional information that may help the Department to confirm or refine key assumptions; and

(c) Organizing public industry forums to obtain additional knowledge that may help the Department confirm or refine key assumptions.

(4) In the event that the proposed Public-Private Partnership delivery method may have a potential impact on State employees, the Department shall arrange for meetings between the Secretary and appropriate bargaining unit representatives, if any, for a preliminary discussion of potential impact and potential options for mitigating that impact.

B. The Department may not issue a public notice of solicitation for a Public-Private Partnership until:

(1) A pre-solicitation report concerning the proposed Public-Private Partnership is submitted to the Comptroller, the State Treasurer, the Budget Committees, and the Department of Legislative Services in accordance with State Finance and Procurement Article, §10A-201(a), Annotated Code of Maryland that contains the information required by State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland; and

(2) The Department has sought and received the official designation by the Board of Public Works of the public infrastructure asset as a Public-Private Partnership and approval of the solicitation method.

History

Administrative History: Effective date: December 30, 2019 (46:26 Md. R. 1163)
Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

COMAR 04.01.05.08 Solicitation Process.

A. General.

(1) The solicitation process for Public-Private Partnerships shall be competitive, regardless of whether the Public-Private Partnership concept originated internally within the Department or from an unsolicited proposal.

(2) For each private entity that responds to a public notice of solicitation, the Department shall make a responsibility determination in accordance with State Finance and Procurement Article, §10A-202(c), Annotated Code of Maryland.

B. Solicitations Relating to Concepts Described in Unsolicited Proposals.

(1) The competitive solicitation process shall protect any proprietary information that is identified as such and included in the unsolicited proposal in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland.

(2) An individual or firm that has submitted an unsolicited proposal may participate in any subsequent competitive solicitation process, in accordance with State Finance and Procurement Article, §10A-301(e), Annotated Code of Maryland.

(3) The private entity shall be responsive to all components of the subsequent competitive solicitation process even if certain information requested by the subsequent competitive solicitation process has already been submitted as part of the unsolicited proposal.

(4) The Department reserves the right to issue a public notice of solicitation relating to a concept described in an unsolicited proposal after the rejection or termination of the evaluation of the unsolicited proposal or any competing proposals.

C. Multi-Step Solicitation Process.

(1) The Department may use a multi-step solicitation process that includes, but is not limited to, some of the following steps:

(a) Issuance of a request for qualifications;

(b) Pre-proposal conference;

(d) Industry review meetings; and

(e) Issuance of a final request for proposals.

(2) The determination to utilize some or all of the solicitation steps shall be made on a case-by-case basis depending on which steps are advantageous to the State.

(3) The Department may include additional solicitation steps on a case-by-case basis as set forth in the public notice of solicitation.

(4) The Department may issue a request for qualifications.

(a) The purpose of a request for qualifications is to:

(i) Identify private entities that qualify as participants in the solicitation process; and

(ii) Identify a shortlist of the highest qualified candidates for continuing in the solicitation process.

(b) Based on the responses to the request for qualifications, the Department may:

(i) Identify one or more private entities as qualified; and

(ii) Develop a shortlist of one or more of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities.

(c) Only candidates that have been selected to continue in the solicitation process as shortlisted private entities are eligible to:

(i) Participate in industry review meeting;

(ii) Receive drafts of the request for proposals;

(iii) Submit comments on drafts of the request for proposals;

(iv) Receive the final request for proposals; and

(v) Submit a written proposal in response to the final request for proposals.

(5) Pre-proposal Conference.

(a) The purpose of a pre-proposal conference is to facilitate better understanding of solicitation requirements and processes.

(b) A pre-proposal conference may be scheduled by the Department after the initial public notice of solicitation for a Public-Private Partnership.

(6) Draft Request for Proposals.

(a) As part of a multi-step solicitation process, the Department may issue one or more draft requests for proposals to shortlisted private entities.

(b) Draft requests for proposals may include, but are not limited to:

(i) Instructions to private entities for responding to the request for proposals;

(ii) Technical provisions;

(iii) Scope of work; and

(iv) Public-Private Partnership agreement key terms and components.

(c) Only shortlisted private entities may submit written or verbal comments and questions concerning the draft request for proposals to the Department to the extent permitted by the solicitation process.

(d) The Department may use comments and questions from the shortlisted private entities for subsequent revisions to the draft request for proposals.

(7) Industry Review Meetings.

(a) The Department may conduct industry review meetings as part of a multi-step solicitation process.

(b) The purpose of industry review meetings is to:

(i) Obtain comments and make revisions to the draft request for proposals:

(ii) Obtain the best value for the State;

(iii) Facilitate the full understanding regarding the requirements of the State for the Public-Private Partnership concept;

(iv) Facilitate the full understanding of the contents of the proposals required to be submitted by shortlisted private entities; and

(v) Finalize the requirements for the request for proposals.

(d) Industry review meetings are restricted to candidates that have been selected to continue in the solicitation process as shortlisted private entities.

(e) Industry review meetings may be:

(i) Joint workshops with all shortlisted private entities invited to participate; or

(ii) One-on-one meetings between the Department and individual shortlisted private entities.

(f) The Department may use comments and questions obtained from the shortlisted private entities through industry review meetings for subsequent revisions to the draft request for proposals.

(8) Final Request for Proposals.

(a) In a solicitation process involving a request for qualifications phase, a final request for proposals shall be issued to shortlisted private entities selected to continue in the solicitation process.

(b) The contents of the final request for proposals may be based on information gathered during the earlier solicitation phases, including but not limited to;

(i) Pre-proposal conference;

(ii) Request for qualifications; and

(iii) Industry review meetings.

(i) Issuing a request for qualifications;

(ii) Issuing a draft request for proposals; or

(iii) Conducting industry review meetings.

(9) Information Available During Solicitation.

(a) The Department may make relevant technical and financial information available to shortlisted private entities through an electronic data room.

(b) The Department may respond to relevant additional information requests by shortlisted private entities in support of due diligence reviews, including requests for site inspections.

(c) Information or site access provided to individual shortlisted private entities pursuant to an additional information request as provided for in §C(9)(b) of this regulation., must also be made available to all other interested private entities if a shortlist of private entities has not yet been established; or, to all other shortlisted private entities if a shortlist of private entities has been established.

(d) Shortlisted Private entities shall be required to sign confidentiality agreements prior to release of information deemed confidential.

D. Reimbursement.

(1) The Department may reimburse a private entity in accordance with State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland.

(2) If the Department elects to reimburse a private entity, the specific terms, conditions, method, and timing for reimbursing the private entity shall be described in the public notice of solicitation associated with the specific Public-Private Partnership.

(3) The reimbursement terms and conditions may include the requirement for the private entity to execute a stipend agreement and to transfer rights to use the work product produced by the private entity during the solicitation process to the Department as a condition to receiving reimbursement.

(4) The Department shall only consider reimbursement for shortlisted private entities.

(5) Maximum Reimbursement Amount.

(a) The Department shall not provide a reimbursement in excess of $3,000,000 to an individual private entity for costs incurred in response to the solicitation of a Public-Private Partnership.

(b) The Department may establish a reimbursement less than the maximum prescribed herein on a case-by-case basis.

(6) Except as set forth in the solicitation documents, should the solicitation process or negotiations be suspended, discontinued, or terminated, the private entity shall have no rights of recourse, including reimbursement of the private entity’s unsolicited proposal review fees or costs associated, directly or indirectly, with the solicited or unsolicited proposal developments.

E. Reservation of Rights. The Department reserves all rights available by law and in equity in its Public-Private Partnership solicitation process, including without limitation, the right to:

(1) Reject any and all submittals, responses, qualifications, and proposals, whether solicited or unsolicited, at any time or for any reason;

(2) Issue addenda, supplements, and modifications to a public notice of solicitation;

(3) Cancel a solicitation in whole or in part at any time prior to execution of a Public-Private Partnership agreement, subject to any agreed upon compensation to proposers set forth in the solicitation documents or pursuant to State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland;

(4) Issue a new public notice of solicitation after withdrawal of a public notice of solicitation;

(5) Establish protocols for private entities to remedy minor deficiencies in responses to requests for qualifications or proposals within a specified period of time;

(6) Disqualify any private entity at any point during a solicitation process for violating any rules or requirements of the solicitation set forth in the public notice of solicitation, in any communication from the Department, or as otherwise set forth by applicable law;

(7) Determine whether to pursue federal credit assistance on behalf of the private entities;

(8) Publicly disclose information received during the solicitation process as governed by law and by the public notice of solicitation, pursuant to State Finance and Procurement Article, §10A-203(b), Annotated Code of Maryland;

(9) Exercise any other rights reserved or afforded to the Department under applicable law and the public notice of solicitation; or

(10) Disqualify any private entity for any conflict of interest or other conduct manifesting a lack of responsibility determination.

F. Additional reservations of Department rights may be included in the solicitation documents for a Public-Private Partnership.

History

Administrative History: Effective date: December 30, 2019 (46:26 Md. R. 1163)
Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

COMAR 04.01.05.09 Evaluations, Negotiation, and Award.

A. The Department shall conduct evaluations of submitted responses to requests for qualifications and submitted proposals using the information submitted by the private entity.

(1) Submitted information shall be evaluated against the requirements of the solicitation and the evaluation criteria that the Department specifies in the solicitation for the particular Public-Private Partnership opportunity.

(2) The objective of this evaluation process is to select the private entity that provides the best value solution for the State.

(3) The Department’s evaluation criteria shall be clearly set forth in each request for solicitation.

(4) A failure to provide all requested information may result in the Department eliminating a response or proposal from further consideration.

B. The processes for evaluating submitted responses to request for qualifications and for evaluating submitted proposals to requests for proposals shall be described and submitted to the Board of Public Works as part of the pre-solicitation process the Board of Public Works shall approve.

C. The Secretary shall establish one or more evaluation committees on a case-by-case basis that may:

(1) Be comprised of:

(a) Secretary’s Office employees; and

(b) Other State employees;

(2) Review statements of qualifications;

(3) Review proposals; and

(4) Seek advice from the Department, other State agencies and State employees, and outside experts and consultants during the evaluation process.

D. Best and Final Offers.

(1) After the evaluation of all responsive proposals, the Secretary may request best and final offers from private entities determined by the evaluation committees to be eligible to submit best and final offers.

(2) The Secretary may request multiple iterations of best and final offers.

(3) A best and final offer process is not required.

E. After an apparent best value private entity has been selected by the evaluation committees, in consultation with the Secretary, the Department may enter into negotiations with that private entity.

F. The Secretary may determine that negotiations be completed by a negotiations committee either comprised of members of the evaluation committees or established separately from the evaluation committee that may:

(1) Be comprised of:

(a) Secretary’s Office employees; and

(b) Other State employees;

(2) Review the apparent best value private entity’s response to the request for proposals;

(3) Review the apparent best value private entity’s best and final offer, if any; and

(4) Receive assistance from outside experts and consultants during the evaluation process.

G. The Department, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if:

(1) Negotiations with the apparent best value private entity are unsuccessful; or

(2) The apparent best value private entity does not provide sufficient information or timely feedback to finalize the agreement in accordance with the Department’s schedule for the Public-Private Partnership solicitation.

H. After completion of successful negotiations, the negotiations committee shall recommend a best value private entity to the Secretary for review and approval.

I. After the Secretary provides written approval of the best value private entity, the Department shall:

(1) Finalize and prepare the Public-Private Partnership agreement for execution, in coordination with the best value private entity;

(2) Commence the final agreement review process in accordance with State Finance and Procurement Article, §10A-203, Annotated Code of Maryland; and

(3) Arrange for meetings between the Secretary and appropriate bargaining unit representatives to provide notice and discuss plans for impacted State employees, in the event that the proposed Public-Private Partnership delivery method has an impact on existing State employees.

J. Final Agreement Review.

(1) The Secretary shall comply with the final agreement review process established in State Finance and Procurement Article, §10A-203, Annotated Code of Maryland.

(2) A final agreement report shall accompany a final agreement submitted under State Finance and Procurement Article, §10A-203, Annotated Code of Maryland, containing the following items, if relevant:

(a) The financial plan, including annual cash flows, for any Public-Private Partnership including:

(i) State contributions;

(ii) Federal loans or credit assistance;

(iii) Private investment;

(iv) Local contributions; and

(v) Other funding contributions;

(b) The ongoing financial costs and increases associated with any operating and maintenance contracts;

(d) An analysis of why the proposed agreement is more advantageous than a conventional project delivery;

(e) A description, including the estimated value, of any land, buildings, or other structures or assets that are transferred or exchanged with a private entity as part of the public private partnership;

(f) A summary of the performance measures included in the ongoing operation of the public private partnership;

(g) A summary of the penalties associated with non-performance relating to the ongoing maintenance and operation; and

(h) A plan for how the long-term operating and maintenance contract will be overseen by the agency.

History

Administrative History: Effective date: December 30, 2019 (46:26 Md. R. 1163)
Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

COMAR 04.01.05.10 Delivery.

Procedures for Public-Private Partnership Agreements. In the development of a Public-Private Partnership agreement, the Secretary shall comply with the provisions established in State Finance and Procurement Article, §10A-401, Annotated Code of Maryland.

History

Administrative History: Effective date: December 30, 2019 (46:26 Md. R. 1163)
Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland

04.01.06 Assistive Listening Device in Assembly Areas

COMAR 04.01.06.01 Purpose.

These regulations describe and provide a process for recipients of State funds to install an assistive listening system in an assembly area during construction or renovation of the assembly area.

History

Administrative History: Effective date: January 24, 2022 (49:2 Md. R. 77)
Authority: State Finance and Procurement Article, §4-410; State Government Article, §§10-611—10-630; Annotated Code of Maryland

COMAR 04.01.06.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Advisory Board” means the Hearing Accessibility Advisory Board.

(2) “Assembly area” has the meaning stated in State Finance and Procurement Article, §4-410(a)(2), Annotated Code of Maryland.

(3) “Assistive listening system” has the meaning stated in State Finance and Procurement Article, §4-410(a)(3), Annotated Code of Maryland.

(4) “Construction or renovation” has the meaning stated in State Finance and Procurement Article, §4-410(a)(4), Annotated Code of Maryland.

(5) “Department” means the Department of General Services.

(6) “Hearing induction loop” has the meaning stated in State Finance and Procurement Article, §4-410(a)(5), Annotated Code of Maryland.

(7) “Recipient of State funds” has the meaning stated in State Finance and Procurement Article, §4-410(a)(6), Annotated Code of Maryland.

History

Administrative History: Effective date: January 24, 2022 (49:2 Md. R. 77)
Authority: State Finance and Procurement Article, §4-410; State Government Article, §§10-611—10-630; Annotated Code of Maryland

COMAR 04.01.06.03 Hearing Accessibility Advisory Board.

The Advisory Board shall be appointed by the Secretary of the Department and consist of individuals who have expertise in assistive listening systems and consumers who use assistive listening systems.

History

Administrative History: Effective date: January 24, 2022 (49:2 Md. R. 77)
Authority: State Finance and Procurement Article, §4-410; State Government Article, §§10-611—10-630; Annotated Code of Maryland

COMAR 04.01.06.04 Installation and Waiver Requests.

A. A recipient of State funds shall install an assistive listening system in an assembly area during the construction or renovation of the assembly area if:

(1) The assembly area uses or requires the use of a public address system; and

(2) A State contract has been executed to enable the construction or renovation of the assembly area, in which funding received from the State will finance such construction or renovation, in part or in whole.

B. A recipient of State funds may request a waiver from the requirements of §A of this regulation if:

(1) The installation of an assistive listening system is deemed not technologically feasible; or

(2) There is a dispute regarding whether the requirements of §A of this regulation apply to a construction or renovation project.

C. The waiver request shall be in writing and include, at a minimum:

(1) The name, address, and contact information of the requestor;

(2) A description of the construction or renovation project;

(3) A detailed explanation as to why an assistive listening system is not technologically feasible, including an affirmation from the requestor that there is no reasonable substitute technology readily available that would serve a similar purpose; and

(4) In the event there is a dispute regarding whether §A of this regulation applies to the construction or renovation project, a detailed description as to why the assistive listening device requirement is not applicable to the project.

D. Requests for waivers shall be submitted to the Advisory Board by the contractor prior to, or during the design phase of the project.

History

Administrative History: Effective date: January 24, 2022 (49:2 Md. R. 77)
Authority: State Finance and Procurement Article, §4-410; State Government Article, §§10-611—10-630; Annotated Code of Maryland

COMAR 04.01.06.05 Monitoring and Compliance.

A. The Advisory Board shall periodically monitor activities of the recipients of State funds to ensure compliance with the requirements for installing an Assistive listening system.

B. If the Advisory Board makes a preliminary determination of noncompliance or receives a complaint that a recipient of State funds is not in compliance with the requirements as outlined in this chapter, the Advisory Board shall perform an investigation by:

(1) Authorizing the procurement agency and/or any appointee directed by the Advisory Board to:

(a) Inspect the records of the recipient of State funds related to the installation of the Assistive listening system;

(b) Inspect the jobsite;

(d) Interview any employees, contractors, subcontractors, and workers related to the installation; and

(2) Determining whether the recipient of State funds is in compliance with the requirements to install an assistive listening system and notifying them in writing of its findings.

C. If found to not be compliant, a notice shall be provided to the recipient of State funds that includes what corrective actions are required to come into compliance and a date certain for when the recipients of State funds should present the Advisory Board with their plan for achieving compliance.

D. If a procurement agency or Advisory Board determines that noncompliance with the contract provisions exists and that the recipient of State funds refuses or fails to take the corrective action as outlined in §C of this regulation and required by the procurement agency or the Advisory Board, then the following actions may occur:

(1) Termination of the contract; or

(2) Referral to the Office of the Attorney General for appropriate action.

History

Administrative History: Effective date: January 24, 2022 (49:2 Md. R. 77)
Authority: State Finance and Procurement Article, §4-410; State Government Article, §§10-611—10-630; Annotated Code of Maryland

COMAR 04.01.06.06 Signage.

A. Each covered assembly area must provide signs at each entry to the assembly area to inform patrons that assistive listening systems are available. Assembly areas that have ticket offices or ticket windows shall also display the required signs at the ticket window.

B. Assistive listening systems signs shall comply with applicable federal regulations and shall include the International Symbol of Access for Hearing Loss.

History

Administrative History: Effective date: January 24, 2022 (49:2 Md. R. 77)
Authority: State Finance and Procurement Article, §4-410; State Government Article, §§10-611—10-630; Annotated Code of Maryland

COMAR 04.01.06.07 Maintenance and Training.

Training on the operation and maintenance of an assistive listening system shall be provided by the recipient of State funds as part of the project.

A. The training may be provided as a part of the services of the company contracted to install the assistive listening system or as a separate service contract.

B. Companies contracted to install the assistive listening system, train users, or both, shall do so in a manner consistent with applicable federal laws and regulations.

History

Administrative History: Effective date: January 24, 2022 (49:2 Md. R. 77)
Authority: State Finance and Procurement Article, §4-410; State Government Article, §§10-611—10-630; Annotated Code of Maryland

COMAR 04.01.06.08 Facility Requirements.

Any facility that provides an assistive listening system must make receivers available to those individuals that can use the technology but do not have a personal hearing device or do not have a hearing device with a telecoil or built-in receiver. The number of receivers required in each assembly area is determined by the facility’s size and shall be consistent with applicable federal laws and regulations.

History

Administrative History: Effective date: January 24, 2022 (49:2 Md. R. 77)
Authority: State Finance and Procurement Article, §4-410; State Government Article, §§10-611—10-630; Annotated Code of Maryland

04.02.01 Appraisals

COMAR 04.02.01.01 Policy.

A. This regulation applies to all real property acquisitions to which the Department of General Services has any statutory role, except real property acquisition by the Department of Transportation and its model administrations, which are addressed in Regulation .02, below.

B. Before any real property is acquired from a private owner, other than by gift, the Board of Public Works shall obtain two independent appraisals of the property.

C. The staff review appraisers in the Office of Real Estate of the Department of General Services shall obtain and review the two independent appraisals for form, fact, and conclusions and, if they so elect may, with the approval of the Director of the Office of Real Estate, obtain a third independent appraisal, which they also shall review for form, fact, and conclusions. The staff review appraisers shall recommend to the Director of the Office of Real Estate a value for the subject real property, based on the approved appraisals. The Director shall determine the approved value of the property based on the reviewer's recommendation.

D. The Director of the Office of Real Estate shall offer to purchase the subject real property from the private owner, at a price not less than the lowest of the approved, independent appraisals, or at a price equal to the eminent domain award of the circuit court, as the case may be.

E. The actual consideration to be paid for any real property is subject to final approval by the Board of Public Works.

History

Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1550)
Authority: State Finance and Procurement Article, §11-207; Real Property Article, §12-207(c) and (d); Annotated Code of Maryland; Constitution of Maryland, Article III, §40

COMAR 04.02.01.02 Policy as to the Department of Transportation.

A. This regulation applies to capital expenditures for acquisition of real property by the Department of Transportation and its modal administrations (collectively addressed here as “the Department of Transportation”), unless the acquisition is in connection with State roads, bridges, or highways.

B. Instead of employing the procedures addressed in this regulation, the Department of Transportation may elect on a case by case basis to acquire real property in accordance with Regulation .01, above, provided the Department of General Services acquiesces.

C. In exercising its review of contracts for capital expenditures for acquisition of real property by the Department of Transportation, the Department of General Services shall defer to a Department of Transportation review appraiser's approval of the appraisal of the property in question, and to any administrative adjustment of the proposed expenditure recommended by the Department of Transportation.

History

Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1550)
Authority: State Finance and Procurement Article, §11-207; Real Property Article, §12-207(c) and (d); Annotated Code of Maryland; Constitution of Maryland, Article III, §40

04.02.02 Condemnation of Property

COMAR 04.02.02.01 Policy.

A. This regulation does not apply to property to be acquired in connection with State roads, bridges, or highways.

B. Before any real property is acquired from a private owner, who occupies a dwelling there as his principal residence, the Office of Real Estate, Department of General Services, the Department of Transportation, or any of its modal administrations, may offer the owners a life estate in a portion of that property.

C. The value of the life estate, as determined by the Office of Real Estate, the Department of Transportation, or any of its modal administrations, is the amount equal to the agreed upon price of the total property, less a discount based upon the value of the life estate portion and the age of the youngest owner of record of the property. If the property is obtained through condemnation, the State shall pay the owner, or owners, a price equal to the inquisition for the total property, less a discount based upon the value of the life estate portion and the age of the youngest owner of record of the property. The discount will be determined by the Office of Real Estate, the Department of Transportation, or any of its modal administrations, by multiplying the agreed upon price or amount established by the condemnation inquisition for the life estate portion, that is, the residence, related improvements and the property which will be occupied and maintained by the former owner, or owners, by a valuation factor derived from computations using mortality tables and ages of the youngest owner, called Life Estate Valuation Table as approved by the State Board of Public Works.

D. The actual consideration to be paid for any real property subject to a life estate is subject to final approval by the Board of Public Works.

History

Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1551)
Authority: State Finance and Procurement Article, §10-202; Article 83B, §5-206; Annotated Code of Maryland

04.03.01 Disposal Process

COMAR 04.03.01.01 Applicability.

These regulations only apply to State-owned personal property that has been declared excess or surplus under State Finance and Procurement Article, §4-502, Annotated Code of Maryland. They do not apply to other State-owned personal property that is covered by State Finance and Procurement Article, §10-305.

History

Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1551)
Administrative History: Regulation .04A amended effective May 1, 2000 (27:8 Md. R. 796)
Authority: State Finance and Procurement Article, §§4-204(b) and 4-501—4-508,Annotated Code of Maryland; COMAR 21.01.03.01A(10)

COMAR 04.03.01.02 Availability.

Serviceable excess property will be listed periodically in the Excess Property Bulletin, a Statewide Department of General Services publication, notifying State agencies, local governments, and nonprofit organizations of available excess property.

History

Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1551)
Administrative History: Regulation .04A amended effective May 1, 2000 (27:8 Md. R. 796)
Authority: State Finance and Procurement Article, §§4-204(b) and 4-501—4-508,Annotated Code of Maryland; COMAR 21.01.03.01A(10)

COMAR 04.03.01.03 General Requirements.

A. The Inventory Management Division of the Department of General Services shall determine the method of property disposition.

B. Excess property will be transferred to another State agency, whenever feasible, before other methods of disposal are considered.

C. Excess property sales will be executed by competitive sealed bids or public auctions.

History

Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1551)
Administrative History: Regulation .04A amended effective May 1, 2000 (27:8 Md. R. 796)
Authority: State Finance and Procurement Article, §§4-204(b) and 4-501—4-508,Annotated Code of Maryland; COMAR 21.01.03.01A(10)

COMAR 04.03.01.04 Utilization by a Local Jurisdiction or Nonprofit Organization.

A. Excess property that is no longer needed by the State may be sold without obtaining competitive bids or donated to a local jurisdiction or nonprofit organization upon approval by the Secretary of General Services or the Secretary's designee at no lower than the Assistant Secretary's level.

B. A local jurisdiction or nonprofit organization obtaining donated property shall be required to sign a statement certifying the intended use of the property in the recipient's program.

History

Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1551)
Administrative History: Regulation .04A amended effective May 1, 2000 (27:8 Md. R. 796)
Authority: State Finance and Procurement Article, §§4-204(b) and 4-501—4-508,Annotated Code of Maryland; COMAR 21.01.03.01A(10)

04.03.02 Surplus Personal Property—Enterprise Activity

COMAR 04.03.02.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Enterprise activity” means a State governmental operation that markets goods and related services intended to result in revenue after payment of all costs, overhead, and expenses.

(2) “Inmate labor” means labor by individuals on work release from the Maryland Correctional System.

(3) “MSASP” means the Maryland State Agency for Surplus Property, a self-supporting division of the Department of General Services.

(4) “Qualified donee” means a unit of State government, a local governmental jurisdiction, or a nonprofit, tax-exempt organization, eligible to purchase surplus property from MSASP.

(5) “Refurbish” means the process of enhancing the marketability of property through operations including, but not limited to, cleaning, painting, assembling, repairing, reupholstering, adding, or replacing component parts, etc.

(6) Surplus Property.

(a) “Surplus property” means federal surplus personal property as well as items of excess personal property, located at the MSASP Warehouse, that the Department of General Services declares as not needed by any unit of State government.

(b) “Surplus property” includes motor vehicles, machinery, office furniture, clothing, office machines, etc.

History

Administrative History: Effective date: November 20, 1995 (22:23 Md. R. 1799)
Authority: State Finance and Procurement Article, §§4-501—4-508, Annotated Code of Maryland

COMAR 04.03.02.02 MSASP Enterprise Activity.

A. Scope and Purpose.

(1) MSASP is an unfunded, self-supporting agency that may engage in enterprise activity in order to:

(a) Cover its operating expenses;

(b) Generate revenue for the State's General Fund;

(d) Provide quality, finished products to qualified donees at attractive prices.

(2) MSASP may market refurbished surplus property to qualified donees, together with incidental design, planning, installation, and delivery services on a project-by-project basis, including the marketing of complete modular office furniture systems.

B. Disposition of Funds. Money received from the sale of surplus property shall be handled in accordance with State Finance and Procurement Article, §4-505, Annotated Code of Maryland.

C. Accounting.

(1) MSASP shall keep accurate accounts of all enterprise activity in a standardized form that is complete and subject to audit.

(2) Accounts are to be kept on a project-by-project basis and include detailed entries for:

(a) Surplus property as well as purchased property;

(b) Services incidental to each enterprise agency project; and

D. Prerequisites to MSASP Enterprise Activity. After the initial consultation, planning, and estimating stages of an enterprise activity project, MSASP shall proceed with the project only if in good faith it can ensure that the materials to be used in the project will consist primarily of surplus or refurbished property.

E. Procedure.

(1) Materials. Whenever a good-faith estimate in §D of this regulation is made, MSASP may buy additional used or refurbished materials, or both, as well as a minimal amount of new material, as needed to complete the project, and shall obtain the best price in accordance with good business practices.

(2) Labor.

(a) Except as otherwise provided, all enterprise activity labor, including marketing and customer service such as design, planning, estimating, installation, and delivery, shall be performed by MSASP employees and MSASP inmate labor.

(b) If, after the initial consultation, planning, and estimating stages, MSASP is unable to meet a project's labor requirements through its own employees and inmate labor, then MSASP may subcontract the remaining labor to State Use Industries.

(c) If State Use Industries cannot perform the labor or cannot enter subcontracts because of time constraints, then MSASP may subcontract for labor with private organizations, subject to good business practices in obtaining the best competitive price.

History

Administrative History: Effective date: November 20, 1995 (22:23 Md. R. 1799)
Authority: State Finance and Procurement Article, §§4-501—4-508, Annotated Code of Maryland

04.04.01 Key Regulations

COMAR 04.04.01.01 Scope.

This chapter applies to all real property owned or occupied by a unit which is secured by a lock needing a key to gain access.

Cross References

04.04.01.06B

History

Administrative History: Effective date: May 12, 2003 (30:9 Md. R. 609)
Authority: Criminal Law Article, §7-204, Annotated Code of Maryland

COMAR 04.04.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Key” includes electronic card keys and similar devices that perform locking or unlocking functions.

(2) “State” means the State of Maryland or any unit.

(3) “State real property” means any land or improvements, structures, or fixtures on land leased or owned by the State.

(4) Unit.

(a) “Unit” means a department, agency, board, commission, university, college, or other entity of State government.

(b) “Unit” does not mean political subdivisions and units of political subdivisions of the State.

History

Administrative History: Effective date: May 12, 2003 (30:9 Md. R. 609)
Authority: Criminal Law Article, §7-204, Annotated Code of Maryland

COMAR 04.04.01.03 Responsibilities for Authorizing Manufacture, Duplication, and Distribution of Keys.

Every unit shall appoint an employee who shall be responsible for authorizing the manufacture, duplication, distribution, and possession of keys capable of locking and unlocking doors, gates, or barriers in or on State real property used by the unit.

Cross References

04.04.01.06A

History

Administrative History: Effective date: May 12, 2003 (30:9 Md. R. 609)
Authority: Criminal Law Article, §7-204, Annotated Code of Maryland

COMAR 04.04.01.04 Maintenance of a List.

A. Each unit shall keep current lists of:

(1) All State real property owned, controlled, or used by the unit for which keys are used to gain access;

(2) All employees who have been authorized to be given keys to the property; and

(3) All employees given keys to the property.

B. Each unit shall provide current copies of the lists in §A of this regulation to the chief law enforcement or security officer of that unit, or if the unit has none, to the Assistant Secretary for Facilities Operations and Maintenance of the Department of General Services.

History

Administrative History: Effective date: May 12, 2003 (30:9 Md. R. 609)
Authority: Criminal Law Article, §7-204, Annotated Code of Maryland

COMAR 04.04.01.05 Markings.

Any key capable of being used in locks on State real property shall be clearly marked with the words “DO NOT DUPLICATE” or “UNLAWFUL TO DUPLICATE” and shall bear symbology indicating ownership by the State.

History

Administrative History: Effective date: May 12, 2003 (30:9 Md. R. 609)
Authority: Criminal Law Article, §7-204, Annotated Code of Maryland

COMAR 04.04.01.06 Use and Possession of Keys.

A. Any key subject to these regulations may be used, distributed, maintained, or duplicated only with the written permission of a person identified in Regulation .03 of this chapter.

B. A person, firm, or organization may not use, distribute, manufacture, duplicate, or possess keys capable of being used in locks in or on State real property unless the use, distribution, manufacture, duplication, or possession is in accordance with Regulations .01—.06 of this chapter.

History

Administrative History: Effective date: May 12, 2003 (30:9 Md. R. 609)
Authority: Criminal Law Article, §7-204, Annotated Code of Maryland

COMAR 04.04.01.07 Penalties.

As provided in Criminal Law Article, §7-204, Annotated Code of Maryland, any person, firm, or organization found guilty of violating these regulations shall be guilty of a misdemeanor and upon conviction shall pay a fine of not more than $500 for each offense.

History

Administrative History: Effective date: May 12, 2003 (30:9 Md. R. 609)
Authority: Criminal Law Article, §7-204, Annotated Code of Maryland

04.04.02 Security Cards

COMAR 04.04.02.01 General.

A. These regulations are applicable to all State real property.

B. It is the intent of these regulations to ensure the safety of all persons working, visiting, conducting business, or otherwise lawfully in, on, or about State real property.

History

Administrative History: Effective date: April 21, 2008 (35:8 Md. R. 804)
Administrative History: Regulation .02B amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .03C—E amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .04 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .05 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .06B amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: Criminal Law Article, §9-704; Labor and Employment Article, §3-503(4);State Finance and Procurement Article, §§4-604 and 4-607(a); Annotated Code of Maryland

COMAR 04.04.02.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Department” means the Department of General Services.

(2) “Maryland Capitol Police (MCP)” means the Department of General Services Police.

(3) “Prox privileges” means privileges associated with a proximity card, integrated with the security card, and used for access control applications.

(4) “Secretary” means the Secretary of General Services or the Secretary's designee.

(5) “Security card” means a State of Maryland employee security card.

(6) “State” means the State of Maryland or any unit.

(7) “State real property” means any land or improvements, structures, or fixtures on land leased or owned by the State.

(8) Unit.

(a) “Unit” means a department, agency, board, commission, university, college, or other entity of State government.

(b) “Unit” does not mean a political subdivision or a unit of a political subdivision of the State.

History

Administrative History: Effective date: April 21, 2008 (35:8 Md. R. 804)
Administrative History: Regulation .02B amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .03C—E amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .04 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .05 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .06B amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: Criminal Law Article, §9-704; Labor and Employment Article, §3-503(4);State Finance and Procurement Article, §§4-604 and 4-607(a); Annotated Code of Maryland

COMAR 04.04.02.03 Issuance of Security Cards.

A. In accordance with this chapter, the Secretary shall issue a security card to each State employee.

B. The Secretary may issue a security card to an individual other than a State employee, including but not limited to a contractor, lobbyist, media personnel, local government official, or volunteer.

C. Any duties assigned by this chapter to the Secretary may be delegated by the Secretary to the MCP.

D. All prox privileges associated with a security card shall be subject to criteria established by MCP as approved by the Secretary.

E. The Secretary may authorize and the MCP shall conduct a security clearance investigation prior to issuance of a security card to an individual other than a State employee.

History

Administrative History: Effective date: April 21, 2008 (35:8 Md. R. 804)
Administrative History: Regulation .02B amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .03C—E amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .04 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .05 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .06B amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: Criminal Law Article, §9-704; Labor and Employment Article, §3-503(4);State Finance and Procurement Article, §§4-604 and 4-607(a); Annotated Code of Maryland

COMAR 04.04.02.04 Surrender of Security Cards.

A. A security card is the property of the State.

B. A security card issued to a State employee shall be surrendered upon:

(1) The employee's separation from State employment;

(2) Demand by the employee's supervisor;

(3) Demand by the Secretary; or

(4) Demand by the MCP.

C. Surrender Procedures.

(1) Upon separation from State employment or upon a demand under this regulation, a State employee shall surrender the employee’s security card to the personnel division of the employee’s unit or MCP as the case may be.

(2) Upon the employee’s surrender of the security card, the personnel division of the unit or MCP shall issue a receipt to the employee.

(3) The personnel division shall return the surrendered security card to the MCP within 10 days after the employee’s surrender of the card.

(4) Upon notification by the employee’s personnel division, any prox privileges associated with the surrendered security card shall be cancelled by MCP.

D. Upon the failure of a State employee or former State employee to surrender the employee's security card under this regulation, the Secretary may:

(1) Place or cause to be placed a hold on the payment of any separation benefits, including but not limited to severance pay and retirement benefits, until the employee surrenders the employee's security card;

(2) Withhold a reasonable fee from any wages or other monies to be paid to the employee, if the employee notifies the Secretary that the security card has been lost; or

(3) Refer the matter for criminal prosecution.

E. A security card issued to an individual other than a State employee shall be surrendered to the MCP upon demand by the:

(1) Secretary; or

(2) MCP.

F. Upon the failure of an individual other than a State employee to surrender the individual's security card under this regulation, the Secretary may:

(1) Place or cause to be placed a hold on any monies due the individual until such time as the individual surrenders the individual's security card;

(2) Withhold a reasonable fee from any monies due the individual, if the individual notifies the Secretary that the security card has been lost; or

(3) Refer the matter for criminal prosecution.

Cross References

04.04.02.07A(2)

04.04.02.07A(3)

History

Administrative History: Effective date: April 21, 2008 (35:8 Md. R. 804)
Administrative History: Regulation .02B amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .03C—E amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .04 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .05 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .06B amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: Criminal Law Article, §9-704; Labor and Employment Article, §3-503(4);State Finance and Procurement Article, §§4-604 and 4-607(a); Annotated Code of Maryland

COMAR 04.04.02.05 Notification to the Department of Employee Separation from the Service.

The personnel division of the employee’s unit shall notify the MCP within 30 days upon the separation of service of any employee with security card privileges and shall provide the name of the affected employee.

History

Administrative History: Effective date: April 21, 2008 (35:8 Md. R. 804)
Administrative History: Regulation .02B amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .03C—E amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .04 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .05 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .06B amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: Criminal Law Article, §9-704; Labor and Employment Article, §3-503(4);State Finance and Procurement Article, §§4-604 and 4-607(a); Annotated Code of Maryland

COMAR 04.04.02.06 Responsibilities of Holders of Security Cards.

A. Application.

(1) In order to be issued a security card, an individual shall complete and submit a security card application, including written authorization to withhold the employee's wages.

(2) The security card application shall be in a form prescribed by the Secretary.

(3) The Secretary shall review and may approve or deny a security card application.

B. A holder of a security card shall:

(1) Notify the MCP in writing within 30 days of any changes to the information entered into the security card application;

(2) Immediately report a lost or stolen security card to the employee’s supervisor, if a State employee, and the MCP; and

(3) When on State real property:

(a) Display the security card:

(i) On the outermost garment;

(ii) In the area of the upper chest; and

(iii) So as to be visible at all times; and

(b) Produce the security card upon demand by a member of MCP, a police officer, or authorized security personnel.

C. A holder of security card may not:

(1) Place the security card in a holder or cover the security card in a manner that impacts the viewing and examination of the security card;

(2) Loan or allow the security card to be used by another individual for any reason;

(3) Alter, copy, photograph, or reproduce the security card, or allow the security card to be altered, copied, photographed, or reproduced; or

(4) Grant entry, exit, or other prox privileges on any State real property to anyone but the security card holder.

History

Administrative History: Effective date: April 21, 2008 (35:8 Md. R. 804)
Administrative History: Regulation .02B amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .03C—E amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .04 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .05 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .06B amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: Criminal Law Article, §9-704; Labor and Employment Article, §3-503(4);State Finance and Procurement Article, §§4-604 and 4-607(a); Annotated Code of Maryland

COMAR 04.04.02.07 Fees.

A. Except as provided in §C of this regulation, the Secretary may charge a fee for:

(1) The replacement of a lost security card;

(2) The failure of a State employee to surrender the employee's security card upon separation from State employment or demand under Regulation .04B of this chapter; or

(3) The failure of an individual other than a State employee to surrender the individual's security card upon demand under Regulation .04E of this chapter.

B. The fees established for security cards are:

(1) Lobbyist — $50;

(2) Contractor — $50; and

(3) Replacement fees as follows:

(a) First loss — $50;

(b) Second loss — $100; and

C. The Secretary may not charge a fee:

(1) To replace a damaged security card, if the damage was unintentional and the security card is surrendered; or

(2) To issue a security card with updated personal or employment information.

D. The Secretary may:

(1) Deduct from the wages due a State employee any fee that may be owed under this chapter; and

(2) Deduct from any monies due an individual other than a State employee any fee that may be charged under this chapter.

History

Administrative History: Effective date: April 21, 2008 (35:8 Md. R. 804)
Administrative History: Regulation .02B amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .03C—E amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .04 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .05 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .06B amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: Criminal Law Article, §9-704; Labor and Employment Article, §3-503(4);State Finance and Procurement Article, §§4-604 and 4-607(a); Annotated Code of Maryland

COMAR 04.04.02.08 Sanctions.

A. The violation by a State employee of any regulation under this chapter may result in the revocation of the employee's security card and any associated privileges as well as criminal prosecution as provided in Criminal Law Article, §9-704, Annotated Code of Maryland.

B. The violation by an individual other than a State employee of any regulation under this chapter may result in the revocation of the individual's security card and any associated privileges as well as criminal prosecution as provided in Criminal Law Article, §9-704, Annotated Code of Maryland.

History

Administrative History: Effective date: April 21, 2008 (35:8 Md. R. 804)
Administrative History: Regulation .02B amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .03C—E amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .04 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .05 amended effective April 5, 2021 (48:7 Md. R. 259)
Administrative History: Regulation .06B amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: Criminal Law Article, §9-704; Labor and Employment Article, §3-503(4);State Finance and Procurement Article, §§4-604 and 4-607(a); Annotated Code of Maryland

04.05.01 General Regulations

COMAR 04.05.01.01 Definition and Application.

A. “Property” means State public buildings, improvements, grounds, and multiservice centers under the jurisdiction of the Department of General Services.

B. In addition to the regulations in this chapter, the following areas are also subject to COMAR 04.05.02 and the procedural rules of the Senate and House of Delegates:

(1) General Assembly buildings, improvements, and grounds;

(2) Senate and House of Delegates:

(a) Chambers,

(b) Lounges,

(d) Appurtenant areas,

(e) Committee rooms; and

(3) Joint Hearing Room.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02D amended effective October 31, 2011 (38:22 Md. R. 1344)
Administrative History: Regulation .07 amended effective February 25, 2019 (46:4 Md. R. 190)
Administrative History: Regulation .08 amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.01.02 Property Access.

A. The property is closed to the public after regular business hours.

B. Property or portions of it may be closed to the public during regular business hours in emergency situations:

(1) Necessary to the orderly conduct of State business;

(2) For safety reasons; or

(3) For security reasons.

C. After consulting with the Secretary of General Services, or in the Secretary's absence, the Deputy Secretary, emergency situations may be declared by the following individuals, or by their authorized designee:

(1) Superintendent of Baltimore Public Buildings and Grounds;

(2) Superintendent of Annapolis Public Buildings and Grounds; or the

(3) Manager of a multiservice center.

D. During and after business hours or during declared emergency situations, an individual working, visiting, conducting business, or otherwise lawfully in, on, or about State property will be required to display identification documents upon request. During and after business hours or during declared emergencies, an individual may be arrested if the individual:

(1) Either:

(a) Is on the property with no apparent lawful business to pursue; or

(b) Fails to display identification documents upon request; and

(2) Refuses to leave or fails to leave after being asked to leave by an authorized employee of the Department of General Services.

Cross References

07.01.11.03A

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02D amended effective October 31, 2011 (38:22 Md. R. 1344)
Administrative History: Regulation .07 amended effective February 25, 2019 (46:4 Md. R. 190)
Administrative History: Regulation .08 amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.01.03 Prohibited Conduct.

A. An individual shall be subject to arrest if the individual:

(1) Damages or defaces the property;

(2) Creates loud, unusual noise, including profanity;

(3) Disturbs employees performing their duties;

(4) Prevents or disturbs the general public from obtaining services provided on the property; or

(5) Obstructs:

(a) Entrances,

(b) Walks,

(d) Elevators,

(e) Offices,

(f) Stairways, or

(g) Parking lots.

B. Except for official purposes and by authorized personnel, an individual on the property may not carry open or concealed firearms, explosives, incendiary devices, or dangerous or deadly weapons.

C. Photographs, video, video tape, movie film, or audio recordings for commercial purposes may only be made on the property with the approval of the occupying agency head.

D. The operation of gambling devices, conducting a pool or lottery, the selling or purchasing of “numbers” or lottery tickets and gambling or betting in any form on the property is prohibited, except for operations by the Maryland State Lottery Agency.

E. Dogs and other animals may not be brought upon the property for other than official purposes, except seeing-eye dogs and animals used to guide or assist handicapped persons.

F. Executive Order 01.01.1987.13 prohibits smoking and the carrying of lit tobacco products or substitutes in public access areas of the property. Smoking is allowed only in areas so designated with posted signs.

G. Physical damage of the property is prohibited and includes:

(1) Defacing or marking of the property;

(2) Throwing articles of any kind at or from the property;

(3) Climbing upon any part of the property;

(4) Tampering with landscape and planting; or

(5) Willful damage, destruction, or removal of property.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02D amended effective October 31, 2011 (38:22 Md. R. 1344)
Administrative History: Regulation .07 amended effective February 25, 2019 (46:4 Md. R. 190)
Administrative History: Regulation .08 amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.01.04 Distribution of Handbills.

Except as provided in COMAR 04.05.02, the distribution by the public of materials such as handbills, pamphlets, and letters in indoor areas of the property is prohibited without the prior approval of the appropriate superintendent or manager.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02D amended effective October 31, 2011 (38:22 Md. R. 1344)
Administrative History: Regulation .07 amended effective February 25, 2019 (46:4 Md. R. 190)
Administrative History: Regulation .08 amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.01.05 Vehicular Traffic.

A. Vehicles on the property will be operated in a careful and safe manner, complying with directions of guards and posted signs.

B. The blocking of entrances, driveways, walks, or loading platforms is prohibited.

C. Parking without authority or parking in unauthorized locations or in locations reserved for others is prohibited.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02D amended effective October 31, 2011 (38:22 Md. R. 1344)
Administrative History: Regulation .07 amended effective February 25, 2019 (46:4 Md. R. 190)
Administrative History: Regulation .08 amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.01.06 Controlled Dangerous Substances and Alcoholic Beverages.

A. The use of controlled dangerous substances, except as prescribed by physicians or permitted by law, is prohibited on the property.

B. An individual under the influence of alcohol or controlled dangerous substances may not be permitted on the property, or to operate a motor vehicle on the property.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02D amended effective October 31, 2011 (38:22 Md. R. 1344)
Administrative History: Regulation .07 amended effective February 25, 2019 (46:4 Md. R. 190)
Administrative History: Regulation .08 amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.01.07 Soliciting and Debt Collection.

A. The soliciting of alms, money, or contributions, commercial soliciting, the display or distribution of commercial advertising, political soliciting, or the collection of private debts, is prohibited on the property, except as permitted by §B of this regulation.

B. Permissible solicitations require the prior approval of the occupying agency head for scheduling, safety, security, and traffic purposes. Permissible solicitations are limited to:

(1) Solicitation by national or local campaigns for savings bonds, health, welfare, and charity;

(2) Solicitations by labor organizations for membership or dues as authorized by law;

(3) Recruitment campaigns for the Armed Forces, National Guard, and other federal or State agencies, as previously approved by the occupant agencies;

(4) Operation of vending facilities and concessions as part of the operation of the property for the benefit of employees and the public;

(5) Personal notices posted by employees on authorized bulletin boards; and

(6) Activities on portions of the property leased to other individuals or organizations.

C. These restrictions do not apply to Lawyers’ Mall in Annapolis, which is regulated under COMAR 04.05.02.02.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02D amended effective October 31, 2011 (38:22 Md. R. 1344)
Administrative History: Regulation .07 amended effective February 25, 2019 (46:4 Md. R. 190)
Administrative History: Regulation .08 amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.01.08 Demonstrations and Rallies.

A. Demonstrations and rallies may be held during regular business hours.

B. The Secretary or the Chief of the Maryland Capitol Police shall predesignate certain outdoor or indoor areas of the property, traditionally considered public forums, as sites for proposed demonstrations and rallies.

C. An applicant for a demonstration or rally can request any other area on the property and the Secretary or the Chief of the Maryland Capitol Police shall make every effort to accommodate the request, consistent with safety, security, and traffic concerns, and the least disturbance to employees in the performance of their duties, and not preventing the general public from obtaining the government services that are provided on the property.

D. Individuals or groups wishing to hold demonstrations or rallies should apply in writing at least 2 days in advance to the Secretary or the Chief of the Maryland Capitol Police for a permit, unless extraordinary circumstances prevent the applications.

E. Permits are issued at no cost to the applicant on a first-come, first-served basis. The Secretary or the Chief of the Maryland Capitol Police may not refuse to issue a permit based on the:

(1) Subject matter of the demonstration;

(2) Applicant; or

(3) Lateness of the permit application.

F. The Secretary or the Chief of the Maryland Capitol Police shall have discretion only as to matters of scheduling, safety, security, and traffic.

G. The applicant shall designate, by name, at least one individual to be present at the demonstration who will wear an armband or other identifying insignia and be responsible for advising the demonstrators on compliance with applicable laws and regulations.

H. Signs and placards are permitted, but signs and placards mounted on sticks and poles are not permitted.

I. An individual may not have a firearm in the individual's possession within 1,000 feet of a demonstration on the property.

J. An individual may not physically attach or illuminate any banner, sign, or message to any State real property without prior written approval from the Secretary or the Secretary’s designee.

K. Except for federal, State, and local government entities or law enforcement services agencies, an individual may not launch, land, or retrieve an unmanned aircraft system (UAS) on any State real property without prior written approval from the Secretary or the Secretary’s designee.

L. No person shall intentionally focus, point, or shine any laser beam or high intensity light directly or indirectly onto the eye or eyes of another person or animal, on another person or animal, or onto any State building window in such a manner as would reasonably be expected to annoy, harass, or alarm the person or animal.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02D amended effective October 31, 2011 (38:22 Md. R. 1344)
Administrative History: Regulation .07 amended effective February 25, 2019 (46:4 Md. R. 190)
Administrative History: Regulation .08 amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.01.09 Penalties.

Persons violating these regulations and applicable laws may be prosecuted and, upon conviction by a court, shall be considered guilty of a misdemeanor and may be fined or imprisoned. Nothing contained in these regulations shall be construed to abrogate any other federal, State, or local laws applicable to any area in which the property is located.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02D amended effective October 31, 2011 (38:22 Md. R. 1344)
Administrative History: Regulation .07 amended effective February 25, 2019 (46:4 Md. R. 190)
Administrative History: Regulation .08 amended effective April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

04.05.02 Legislative Branch Buildings and Grounds in Annapolis

COMAR 04.05.02.01 Application.

A. These regulations are in addition to COMAR 04.05.01.

B. These regulations apply only to the buildings, improvements, and grounds of the Legislative Branch in Annapolis under the jurisdiction of the Department of General Services.

C. The following areas are further subject to the procedural rules of the Senate and House of Delegates:

(1) Chambers;

(2) Lounges;

(3) Lobbies;

(4) Committee rooms;

(5) Joint Hearing Room; and

(6) Appurtenant areas.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02 amended effective February 25, 2019 (46:4 Md. R. 190); April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.02.02 Demonstrations and Rallies.

A. Subject to the conditions below, demonstrations, rallies, and solicitation, whether or not by permit, may be held during regular business hours, but may not be scheduled to start after 8 p.m., or finish after 9 p.m., except when sessions of the Senate or House of Delegates run beyond 9 p.m.

B. Demonstrations and rallies may be conducted at Lawyers’ Mall in front of the State House between the Legislative Services Building and Government House. The areas posted as fire lanes may not be obstructed.

C. In case of preemption or conflicting scheduling of Lawyers’ Mall, demonstrations may be conducted in other nearby outdoor areas if agreeable with the applicant for the demonstration permit and the Secretary or the Chief of the Maryland Capitol Police.

D. Demonstrations or rallies outside State property may require separate approval of the Mayor of Annapolis through the Annapolis Police Department.

E. Groups of 15 or more persons wishing to hold demonstrations or rallies or engage in solicitation should apply in writing at least 2 days in advance to the superintendent or manager for a permit, unless extraordinary circumstances prevent the applications. Groups of less than 15 persons may hold demonstrations or rallies or engage in solicitation without a permit, space permitting, subject to the same conditions in this regulation, but an individual or group holding a permit will have priority over an individual or group without a permit.

F. Permits shall be issued at no cost to the applicant on a first-come, first-served basis. The Secretary or the Chief of the Maryland Capitol Police may not refuse to issue a permit based on the:

(1) Subject matter of the demonstration;

(2) Applicant; or

(3) Lateness of the permit application.

G. Subject to §E of this regulation, and except as provided elsewhere in this Title, the following activities are not prohibited at Lawyers’ Mall:

(1) Distribution of literature, materials, and merchandise for the exposition of ideas and opinions in the exercise of freedom of speech, association, assembly, and religion, but excluding purely commercial materials; and

(2) Solicitation of funds for lawful, non-commercial purposes or the collection of petition signatures.

H. The applicant shall indicate whether solicitation for charitable contributions will occur and, if so, indicate whether the applicant is properly registered under the Maryland Solicitation Act, Business Regulation Article, Title 6, Annotated Code of Maryland, or exempt from registration.

I. The applicant or any participant engaging in solicitation of funds shall inform donors whether the contribution is tax deductible, a contribution under §1-101(o) of the Election Law Article, Annotated Code of Maryland, or a gift.

J. The Secretary or the Chief of the Maryland Capitol Police shall have discretion only as to matters of scheduling, safety, security, and traffic.

K. The applicant should designate, by name, at least one individual to be present at the demonstration who will wear an armband or other identifying insignia and be responsible for advising the demonstrators on compliance with applicable laws and regulations.

L. Battery operated sound systems may be used, but the State may not provide extra electricity or lighting. Signs and placards are permitted, but signs and placards mounted on sticks and poles are not permitted. Applicants must comply with all local noise ordinances.

M. An individual may not possess a firearm within 1,000 feet of a demonstration on the property.

N. The following activities are prohibited at Lawyers’ Mall:

(1) Erecting any structures including tents, canopies, or structures; and

(2) Climbing on, removing, or damaging any memorial, statue, architectural feature, tree, or landscaping.

Cross References

04.05.01.07C

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02 amended effective February 25, 2019 (46:4 Md. R. 190); April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.02.03 Interference with Legislative Process.

A. An individual or group may not willfully disrupt or interfere with, or attempt to disrupt or interfere with:

(1) A session of the General Assembly;

(2) The Senate or the House of Delegates;

(3) Any of the Senate's or House of Delegates' committees;

(4) An officer, employee, or staff member of the General Assembly; or

(5) A member of the Senate or House of Delegates in the member's performance of any official function.

B. An individual may not willfully picket in a building where:

(1) The Senate or House of Delegates has a chamber;

(2) A member of the General Assembly has an office;

(3) A committee of the General Assembly or the House of Delegates has an office.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02 amended effective February 25, 2019 (46:4 Md. R. 190); April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

COMAR 04.05.02.04 Communications with General Assembly Members.

Nothing in this or other regulations shall prohibit citizens and small groups of citizens from communicating with the General Assembly in a reasonable and orderly manner, including delivery of handbills, pamphlets, letters, and small symbolic objects to members or members' offices.

History

Administrative History: Effective date: October 10, 1994 (21:20 Md. R. 1731)
Administrative History: Regulation .02 amended effective February 25, 2019 (46:4 Md. R. 190); April 5, 2021 (48:7 Md. R. 259)
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13;Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c);State Government Article, §2-1702; Annotated Code of Maryland

04.06.01 General

COMAR 04.06.01.01 Applicability.

This subtitle applies to all leases of State-owned property to any State employee, agent, servant, or other individual in State service for the purpose of permitting the individual to maintain a residence on or in the property.

History

Administrative History: Effective date: April 5, 1999 (26:6 Md. R. 482)
Authority: State Finance and Procurement Article, §10-305, Annotated Code of Maryland

COMAR 04.06.01.02 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Department” means the Department of General Services.

(2) Program.

(a) “Program” means the State Employee Rental Housing Program.

(b) “Program” includes all leases of State-owned property to a State employee, agent, servant, or other individual in State service for the purpose of permitting the individual to maintain a residence on or in the property.

History

Administrative History: Effective date: April 5, 1999 (26:6 Md. R. 482)
Authority: State Finance and Procurement Article, §10-305, Annotated Code of Maryland

COMAR 04.06.01.03 Conformity with Department Policies.

Leases under the Program shall conform to policies of the Department regarding:

A. Rental rates;

B. Provisions, terms, and conditions of lease documents;

C. Employee eligibility;

D. Free or reduced-rent housing; and

E. Requirements for submission to the Department of a request for approval of a lease.

History

Administrative History: Effective date: April 5, 1999 (26:6 Md. R. 482)
Authority: State Finance and Procurement Article, §10-305, Annotated Code of Maryland

COMAR 04.06.01.04 Rent.

A. The Department shall approve the rent for employee housing.

B. In reviewing the rent for employee housing, the Department shall consider:

(1) The physical condition of the housing;

(2) The maintenance cost; and

(3) Appraisals of the property as determined by an appropriate appraisal method including but not limited to the Maryland State Department of Assessments and Taxation.

History

Administrative History: Effective date: April 5, 1999 (26:6 Md. R. 482)
Authority: State Finance and Procurement Article, §10-305, Annotated Code of Maryland

COMAR 04.06.01.05 Rent-Free or Reduced-Rent Housing.

Employee housing shall be provided at no cost or reduced cost if:

A. There is a need to have an employee in a State-owned housing unit to:

(1) Provide a high level of security to a specific area or facility,

(2) Respond to requests for assistance and emergencies in or near the area or facility,

(3) Perform basic maintenance as the caretaker of the specific area or facility with high use; or

B. The State unit determines, with the approval of the Department, that the best interest of the State will be served by providing rent-free or reduced-rent housing.

History

Administrative History: Effective date: April 5, 1999 (26:6 Md. R. 482)
Authority: State Finance and Procurement Article, §10-305, Annotated Code of Maryland

COMAR 04.06.01.06 Inventory of State-Owned Rental Housing.

The Department shall maintain:

A. A listing of State-owned employee rental housing; and

B. For each property a copy of the current lease or most recent lease if the property is vacant.

History

Administrative History: Effective date: April 5, 1999 (26:6 Md. R. 482)
Authority: State Finance and Procurement Article, §10-305, Annotated Code of Maryland

COMAR 04.06.01.07 Lease Form.

The Department shall require the use of a lease form approved by the Attorney General.

History

Administrative History: Effective date: April 5, 1999 (26:6 Md. R. 482)
Authority: State Finance and Procurement Article, §10-305, Annotated Code of Maryland