COMAR Title 35 — MARYLAND DEPARTMENT OF VETERANS AND MILITARY FAMILIES

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35.01.01 Purpose; Definitions

COMAR 35.01.01.01 Purpose.

A. The purpose of this title is to define a veteran who is a Maryland resident, and may be entitled to aid:

(1) From the United States government, pursuant to federal law for the benefit of veterans and their dependents;

(2) In preparing and presenting their claims to the proper federal authorities and agencies; and

(3) In securing and expediting action on those claims.

B. In addition, the definitions contained in this subtitle assist in the determination of eligibility for burial in one of Maryland's veterans' cemeteries, admission to Charlotte Hall Veterans' home, as well as other benefits offered to veterans who are Maryland residents.

History

  • Administrative History: Effective date: August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335); August 5, 2024 (51:15 Md. R. 712)
  • Administrative History: Regulation .05 adopted effective August 5, 2024 (51:15 Md. R. 712)
  • Authority: State Government Article, §§9-901, 9-902, 9-904, and 9-905, Annotated Code of Maryland
COMAR 35.01.01.02 Definitions.

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

B. Terms Defined.

(1) “Active duty for training” and “inactive duty training” do not include:

(a) Duty performed as a temporary member of the Coast Guard Reserve;

(b) Work or study performed in connection with correspondence courses; or

(c) Attendance at an educational institute in an inactive status.

(2) “Department” means the Maryland Department of Veterans and Military Families.

(3) “Honorable discharge”, for the purposes of determining State program benefits, rights, or privileges, includes a discharge that is less than honorable:

(a) Solely due to the sexual orientation or gender identity of the individual being discharged; or

(b) Based on a statement or consensual act of the discharged individual related to the individual’s sexual orientation or gender identity if the statement or consensual act was prohibited by the military or naval service at the time of discharge.

(4) “Secretary” means the Secretary of the Maryland Department of Veterans and Military Families.

(5) “U.S. Armed Forces” means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, including the reserve components thereof.

(6) “Veteran” has the meaning stated in §C of this regulation.

C. “Veteran” means any one of the following:

(1) An individual who:

(a) Served on full time active duty, other than for training, as a member of the U.S. Armed Forces;

(b) Was discharged or released under conditions other than dishonorable; and

(c) Enlisted in the military after September 7, 1980;

(2) An officer commissioned or who entered active military service after October 16, 1981, who has completed 2 years of continuous active duty or full time period for which the officer was called or ordered;

(3) An individual who dies under honorable conditions while serving on active duty in the U.S. Armed Forces;

(4) A member of the reserve component of the U.S. Armed Forces, the Army National Guard, the Air National Guard, or the Reserve Officers Training Corps, who dies under honorable conditions while serving on active duty, for training or full time service, or while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred while serving on this duty;

(5) A commissioned officer of the National Oceanic and Atmospheric Administration (formerly titled Coast and Geodetic Survey) who:

(a) Served on full-time duty on or after July 29, 1945; or

(b) Served before that date:

(i) While on transfer to one of the Armed Forces;

(ii) While in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard; or

(iii) In the Philippine Islands on December 7, 1941, or thereafter;

(6) A commissioned officer of the Regular or Reserve Corps of the Public Health Service who served on full-time duty on or after July 29, 1945, as described in §D of this regulation; or

(7) A commissioned officer of the Regular or Reserve Corps of the Public Health Service who performed active service before July 29, 1945:

(a) While on transfer to one of the Armed Forces;

(b) While in time of war or national emergency declared by the President, and assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard; or

(c) In the Philippine Islands on December 7, 1941, or thereafter.

D. If the service of the public health service officer is performed while on active duty for training, the officer's death must have resulted from a disease or injury incurred or aggravated in the line of duty to qualify as a veteran under §C(6) of this regulation.

History

  • Administrative History: Effective date: August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335); August 5, 2024 (51:15 Md. R. 712)
  • Administrative History: Regulation .05 adopted effective August 5, 2024 (51:15 Md. R. 712)
  • Authority: State Government Article, §§9-901, 9-902, 9-904, and 9-905, Annotated Code of Maryland
COMAR 35.01.01.03 Public Law H.R. 821.

Public Law H.R. 821, enacted May 4, 1994, extends burial eligibility to an individual who has 20 years of service credited for retired pay as a member of a reserve component of the U.S. Armed Forces, or who would have been entitled to retired pay but for the fact that the individual was younger than 60 years old.

History

  • Administrative History: Effective date: August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335); August 5, 2024 (51:15 Md. R. 712)
  • Administrative History: Regulation .05 adopted effective August 5, 2024 (51:15 Md. R. 712)
  • Authority: State Government Article, §§9-901, 9-902, 9-904, and 9-905, Annotated Code of Maryland
COMAR 35.01.01.04 Legal Residence Within the State of Maryland.

A. A veteran's legal residence within the State, for the purpose of establishing eligibility for State benefits, shall be established by reasonable and substantial evidence. That evidence may include:

(1) An up-to-date voter's registration card, in the name of the veteran;

(2) A certified copy of a Maryland income tax report form, filed by the veteran immediately preceding the death of the veteran or the veteran's next of kin;

(3) A certified copy of a notice of tax assessment or tax bill on property located within the State, addressed to the veteran and dated within 1 year of the death of the veteran or the veteran's next of kin; or

(4) The records of a nursing home, hospital, or institution where the veteran may have been confined, to establish that at the time of admission, the veteran's legal residence was within the State.

B. When a veteran, who has been a legal resident of Maryland for a period of 2 years or more, moves to another State to establish legal residency, the Maryland residence, for the purpose of qualifying for burial in a State veterans' cemetery shall be established by one or more of the following during the period in question:

(1) Records of tax payments: personal or property, or both;

(2) A continuous voting record;

(3) Hospital records: governmental or private, or both;

(4) Personal knowledge of reputable citizens of Maryland, or State, county, or city officials;

(5) Records of recognized fraternal, civic, or veterans' organizations; or

(6) Any other substantial evidence that may establish the required residency.

C. The 2-year legal residence requirement for burial in one of Maryland's Veterans' Cemeteries, or admission to assisted living in Charlotte Hall Veterans' Home may be waived when the veteran has been a legal resident of Maryland for a substantial portion of a 2-year period, if, in the judgment of the Department or its designee, there are compelling reasons for this waiver such as the following:

(1) The veteran has had ties of relationship and friendship to permanent residents of Maryland for a substantial period;

(2) There is evidence that equal or greater ties of the veteran to residents of another state do not exist; or

(3) The evidence in support of this waiver is compelling, or of such nature and weight as to warrant an affirmative decision.

D. The evidence establishing that a veteran was a legal resident of Maryland when the veteran entered the U.S. Armed Forces of the United States shall include one or more of the following:

(1) Military records, such as a DD Form 214;

(2) A document establishing honorable military service; or

(3) Draft board records, or State records establishing legal residence at a time of entrance into military service.

History

  • Administrative History: Effective date: August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335); August 5, 2024 (51:15 Md. R. 712)
  • Administrative History: Regulation .05 adopted effective August 5, 2024 (51:15 Md. R. 712)
  • Authority: State Government Article, §§9-901, 9-902, 9-904, and 9-905, Annotated Code of Maryland
COMAR 35.01.01.05 Restoration of Benefits Application Procedures.

A veteran shall submit to the Secretary:

A. Documentation providing the basis for the veteran’s discharge; and

B. Any additional documentation requested by the Department.

History

  • Administrative History: Effective date: August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .02 amended effective April 15, 2024 (51:7 Md. R. 335); August 5, 2024 (51:15 Md. R. 712)
  • Administrative History: Regulation .05 adopted effective August 5, 2024 (51:15 Md. R. 712)
  • Authority: State Government Article, §§9-901, 9-902, 9-904, and 9-905, Annotated Code of Maryland

35.02.01 Veterans Claims Service

COMAR 35.02.01.01 Purpose.

The purpose of this chapter is to assist veterans and their dependents who are or may be entitled to aid from the United States government, pursuant to federal law for the benefit of veterans and their dependents, in preparing and presenting their claims to the proper federal authorities and agencies, and in securing and expediting action on those claims.

History

  • Administrative History: Effective date: July 23, 1975 (2:16 Md. R. 1138)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.01 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.02 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: State Government Article, §§9-901, 9-902, 9-904, and 9-905, Annotated Code of Maryland
COMAR 35.02.01.02 Veterans Claim Service.

A. A veteran residing within the State, or a veteran's dependent, who is or may be entitled to aid from the United States government pursuant to federal law for the benefit of veterans and their dependents, may file with a service officer at the principal office of the service program, or at any of the State service centers, a request for assistance in the preparation, presentation, and prosecution of claims to the proper federal authorities and agencies.

B. Upon receipt of a request, the service officer shall prepare the claim in proper manner, and the service officer shall present to the proper federal authority or agency, and shall secure and expedite action on it and prosecute it through to conclusion.

C. The service officer shall make all reasonable efforts to relieve and prevent congestion of these claims, and provide, as far as possible, for every veteran and dependent of any veteran making these claims to receive promptly and regularly the maximum relief and benefit to which they are, or may become, entitled to under federal law.

History

  • Administrative History: Effective date: July 23, 1975 (2:16 Md. R. 1138)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.01 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.02 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: State Government Article, §§9-901, 9-902, 9-904, and 9-905, Annotated Code of Maryland

35.03.01 Burial in State Veterans' Cemeteries

COMAR 35.03.01.01 Eligibility Requirements for Burial.

The following individuals are eligible for burial in the State veterans' cemeteries:

A. A veteran who was a legal resident of Maryland:

(1) At the time of death;

(2) For a period of 2 years or more; or

(3) When the veteran entered the U.S. Armed Forces;

B. A veteran who was a legal resident of Maryland for less than 2 years if the Department determines that there are compelling reasons for waiving the 2-year residence requirement;

C. The spouse, widow, or widower of an eligible veteran or service member, including the widow or widower of a U.S. Armed Forces member lost or buried at sea, or officially determined to be permanently absent in a status of “missing” or “missing in action”, who met the legal residence requirements at the time the eligible veteran or service member was last known to have been alive;

D. The children younger than 21 years old of an eligible veteran, or those younger than 23 years old if they are completing education or training at an approved educational institution at the time of death; and

E. The unmarried adult children of an eligible veteran, if the children became permanently incapable of self-support because of a physical or mental disability before reaching 21 years old, except that burial of an adult child must first be approved by the Secretary, or the Secretary's designee.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
COMAR 35.03.01.02 Burden of Proof in Establishing Eligibility.

A. The burden of proof in establishing eligibility for burial in a State veterans' cemetery is on the veteran, the veteran's next of kin or legal representative, or the executor or administrator of the veteran's estate.

B. Representatives of the Department shall render assistance in establishing eligibility.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
COMAR 35.03.01.03 Individuals Not Eligible for Burial in a State Veterans' Cemetery.

A. The following individuals are not eligible for burial in the State veterans' cemeteries:

(1) An individual whose only separation from one of the U.S. Armed Forces was other than honorable;

(2) An in-law of an eligible veteran, even if that individual is dependent upon the veteran for support or is a member of the veteran’s household; and

(3) A person ordered to report to an induction station who was not actually inducted into the military service.

B. Under 38 U.S.C. §2411, burial or memorialization in a U.S. Veterans Administration cemetery or in Arlington National Cemetery is prohibited if a person is convicted of a federal capital crime and sentenced to death or life imprisonment, or is convicted of a State capital crime, and sentenced to death or life imprisonment without parole.

C. Federal officials are authorized to deny burial in veterans' cemeteries to persons who are shown by clear and convincing evidence to have committed a federal or state capital crime but were not convicted of that crime because of flight to avoid prosecution or by death prior to trial.

D. The Secretary of the U.S. Department of Veterans Affairs is authorized to provide aid to states for the establishment, expansion, improvement, or all of these, of veterans' cemeteries on the condition that the state is willing to prohibit burial or memorialization in these cemeteries of individuals convicted of federal or state capital crimes, or who have been found by clear and convincing evidence to have committed these crimes, without having been convicted of the crimes due to flight to avoid prosecution or death prior to trial (38 U.S.C. 2408(d)(2)).

E. The prohibition under §D of this regulation is also extended to other burial benefits, including furnishing a Presidential memorial certificate, a burial flag, or a headstone or marker.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
COMAR 35.03.01.04 Assignment of Gravesites.

A. One gravesite shall be assigned for the burial of an eligible veteran and the eligible members of the veteran's immediate family. If a family member is to be buried, burial shall be either above or below the veteran.

B. A particular gravesite may not be reserved in advance. Assignment of a gravesite is made on the basis of availability at the cemetery closest to the veteran's home at the time a request for interment is received, and after eligibility of the veteran or member of the veteran's immediate family is established.

C. A qualified veteran or member of the veteran's family may apply in advance for eligibility for interment in a State veterans' cemetery by filing a pre-application with the Department, and furnishing appropriate evidence of honorable military service and legal residence within the State. Applicants shall be notified of the action taken on their request by the appropriate State veterans' cemetery. At the time of the death of the veteran or eligible family member, the veteran's continued eligibility for burial must be confirmed.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
COMAR 35.03.01.05 Burial in a State Veterans' Cemetery.

A. A grave liner is required for burial of all casketed remains in a State veterans' cemetery.

B. Burial Benefit.

(1) An eligible veteran or an eligible family member shall be furnished a burial plot, a grave liner, and interment services at no expense to the veteran, the eligible family member, or the estate of the veteran or eligible family member. Other expenses incurred in the preparation or transportation of the remains are not paid by the Department.

(2) The benefit of a no-cost burial for a veteran or eligible family member is a one-time benefit. Disinterment or reinternment in a State veterans’ cemetery of a veteran or eligible family member will each incur a fee equivalent to the amount of the burial plot allowance from the U.S. Department of Veterans Affairs for burial of casketed or cremated remains in a State veterans’ cemetery, effective for a date of death equivalent to the date of disinterment or reinternment of the veteran or eligible family member.

C. An eligible family member shall be buried in the plot assigned to the veteran or in the next available plot.

D. Check Policy.

(1) The Department shall accept only the following forms of payment:

(a) Funeral home business check;

(b) Cashier's check; or

(c) Money order.

(2) All checks shall be made payable to Maryland Department of Veterans Affairs before burial.

(3) The Department does not accept cash or personal checks.

E. If a burial vault is desired, arrangements for its installation shall be made independently by the veteran, surviving next of kin, legal representative, or the administrator, personal representative, or executor of the veteran's estate. The cost of the vault and installation may not be paid by the Department.

F. A burial permit is required in accordance with the regulations established by the State and local authorities before burial may be made.

G. If a veteran is to be buried in a State veterans' cemetery before verification of the veteran's eligibility, the surviving next of kin, legal representative, or the administrator, personal representative, or executor of the veteran's estate first shall agree in writing to have the remains removed from the cemetery without expense to the State if it is finally determined that the burial was not lawful under existing law and regulations.

H. If the spouse, dependent minor children, or disabled adult children precede the eligible veteran in death, the veteran shall execute an agreement electing to be buried in the same gravesite before burial may be made in a State veterans' cemetery. If the veteran decides not to abide by the agreement, or the veteran's legal representative fails to abide by that agreement, for any reason other than the unrecoverability of remains, the remains of the family member buried in the State veterans' cemetery shall be removed without cost to the State.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
COMAR 35.03.01.06 Right to Appeal.

A. A veteran, or the veteran's legal representative or next of kin, may appeal a decision as to the eligibility of a veteran, or members of the veteran's immediate family, for burial in a State veterans' cemetery.

B. The appeal shall be in writing, and filed with the Secretary or the Secretary's designee.

C. If the matter on appeal concerns the right of immediate burial of an individual, the Secretary or the Secretary's designee shall respond to the appeal within 48 hours of its submission.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
COMAR 35.03.01.07 Procedure for Arranging Burial.

The funeral director or other individual making burial arrangements for an eligible decedent should communicate immediately with the superintendent of the nearest State veterans' cemetery. The other individual should furnish all pertinent data, including military service information, the claim number of any U.S. Veterans Administration claim, Social Security number, and other information establishing legal residence within the State. The applicant shall be notified by the cemetery program when burial is authorized by the State veterans' cemetery.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
COMAR 35.03.01.08 Grave Marker.

A. The standard grave marker in a State veterans' cemetery shall be the flat type and made of bronze or stone. Placement of any type other than the standard flat type of marker or headstone must first be approved by the Department.

B. A permanent type of grave marker may not be furnished at State expense. An appropriate marker, with inscription, will be furnished by the U.S. Department of Veterans Affairs for each veteran through the proper procedures established by the United States Department of Veterans Affairs.

C. The superintendent of the cemetery, or the superintendent's representative, shall assist with the filing of an application for a grave marker.

D. The Department is not responsible for damage to, or destruction of, a grave marker or other grave monument by individuals other than employees assigned to that cemetery by the Department.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
COMAR 35.03.01.09 Reburial in State Veterans' Cemetery.

A. Whenever unusual circumstances warrant, the remains of a veteran who met the eligibility requirements for burial in a veterans' cemetery at the time of death may be moved to a Maryland veterans' cemetery for reburial. If the remains of a member of an eligible veteran's immediate family are buried elsewhere, and the veteran wishes them to be reburied in the veteran's plot in a State veterans' cemetery, this also may be done. However, in both instances, the conditions described in this regulation apply.

B. Documentary evidence of the veteran's eligibility for burial shall first be presented to the superintendent of the veterans' cemetery where the burial is to be made.

C. Detailed supporting evidence, together with a request for reburial shall then be filed with the State Veterans' Cemetery Superintendent and the Director of Cemetery and Memorial Programs.

D. If permission for the reburial is granted, a formal agreement shall then be made between the veteran or the veteran's legal representative, the living immediate family members, as well as any other living survivors or heirs, and the Department. A notarized statement signed by all the parties concerned, declaring that there is no objection to the disinterment and reburial, shall be included with the agreement.

E. All permits required for the disinterment, the transportation, and the reburial of the remains in a State veterans' cemetery shall be furnished by the funeral director concerned. State funds may not be expended to assist with the disinterment.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
COMAR 35.03.01.10 Disinterment.

A. If a veteran, who had an immediate family member buried in a grave plot assigned to the veteran, fails to abide by the veteran's agreement to be buried in the same plot, the veteran's heirs and assigns shall have the remains of the family member removed from the cemetery, at no cost to the State.

B. A burial in a State veterans’ cemetery is considered permanent. However, for compelling or convincing reasons, a disinterment may be permitted if there is no cost to the State and the following conditions are fulfilled:

(1) The request for disinterment contains the notarized signature of all living immediate family members of the deceased;

(2) The request for disinterment indicates that all other close living relatives of the deceased have no objection to the disinterment; and

(3) The necessary permits from the State’s attorney of the county in which the remains are buried and the county department of health, as well as the transit and reburial permits, are obtained by the funeral director.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
COMAR 35.03.01.11 Appropriate Honors at the Time of Burial.

Eligible veterans may be buried with appropriate honors, including military honors. The Department, including its employees or representatives, is not responsible for providing those honors, although they may assist in making the necessary arrangements.

History

  • Administrative History: Effective date: August 18, 1976 (3:17 Md. R. 912)
  • Administrative History: Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
  • Administrative History: Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
  • Administrative History: Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
  • Administrative History: ——————
  • Administrative History: Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
  • Administrative History: Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)
  • Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland

35.04.01 Admission to Charlotte Hall Veterans' Home

COMAR 35.04.01.01 Scope.

This chapter establishes eligibility requirements and admission procedures for Charlotte Hall Veterans' Home.

History

  • Administrative History: Effective date: February 10, 1986 (13:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Chapter 14.16.01 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: State Government Article, §§9-902, 9-909, 9-910, and 9-911, Annotated Code of Maryland
COMAR 35.04.01.02 Eligibility Requirements.

A. The following individuals are eligible for admission:

(1) A Maryland veteran, 62 years old or older, who:

(a) Served on full time active duty in the U.S. Armed Forces, other than active duty for training, and was discharged or released under honorable conditions; and

(b) Has documented residence in the State as follows:

(i) 90 days residence in the State immediately preceding admission to the nursing home;

(ii) 2 years residence in the State immediately preceding admission to the assisted living unit, to be eligible to receive a State subsidy;

(iii) 90 days residence in the State immediately preceding admission to the assisted living unit, if there is no cost to the State until the 2-year residence requirement has been met; or

(iv) The veteran's DD Form 214 or other discharge document contains a Maryland address as the “Permanent Address” or “Home of Record”;

(2) Certain members of a reserve component of the U.S. Armed Forces who meet the legal residence requirements; and

(3) Certain nonveteran spouses of veterans eligible to be admitted to Charlotte Hall, provided the nonveteran spouses are at no cost to the State, except for Medicaid.

B. A resident under §A(1)(b)(iii) of this regulation shall be able to pay in full for all care and services until the 2-year residency is met.

C. Individuals not eligible for admission are:

(1) An individual whose only separation from one of the U.S. Armed Forces was other than honorable;

(2) An individual ordered to report to an induction station who was not actually inducted into the military service;

(3) An individual convicted of subversive activities after September 1, 1959, against the United States, except that eligibility shall be reinstated if a pardon is granted by the President of the United States;

(4) An individual younger than 62 years old, unless the individual is:

(a) Disabled and unable to work through no fault of the individual; and

(b) Receiving disability benefits from either Social Security or the U.S. Veterans' Benefits Administration, with a U.S. Veterans' Benefits Administration disability award being 70 percent or higher, of which at least one award must be 40 percent or greater;

(5) A nonveteran spouse of a veteran not eligible for admission to Charlotte Hall;

(6) A nonveteran spouse who cannot provide proof of legal marriage to a veteran who is eligible for admission;

(7) A divorced or former nonveteran spouse of a veteran eligible for admission;

(8) A nonveteran spouse that cannot pay for care, has no insurance, or is not eligible for Medicaid;

(9) A nonveteran spouse that is not 62 years old or older;

(10) An individual with medical or mental conditions beyond the Home's capability to care for the individual;

(11) An individual with:

(a) A history of acts of violence, theft, addictive substance use or abuse, sexual offenses; or

(b) Either pending criminal charges or pending civil, administrative, or institutional complaints for one or more of the acts in §C(11)(a) of this regulation;

(12) An individual who has abused alcohol or other substances, that has not successfully completed a structured, residential rehabilitative program at least 21 days in length, either after the individual's last substance use or immediately before the individual's admission, if admitted; and

(13) An individual who for any reason may pose an unacceptable level of danger to other residents if admitted.

D. Establishing Admission Eligibility. An individual's status as a veteran, legal residence within Maryland, age, or disability, or status as the legal nonveteran spouse of an eligible veteran, must be established by specific and substantial evidence before an applicant may be admitted.

E. Evidence of Qualifying Military Service. One or more of the following documents constitute acceptable evidence of qualifying military service:

(1) Military discharge records, such as a DD Form 214 or WD AGO Form 53-55;

(2) A document issued by the National Personnel Records Center that carries the weight of an official discharge document;

(3) A document, or State record, that establishes honorable, active duty service in the U.S. Armed Forces, other than for training;

(4) A report of retirement points credited to members of a reserve component of the U.S. Armed Forces; or

(5) Certification issued by the Services Program of the Department.

F. Evidence of Maryland Residence.

(1) The applicant shall establish that the applicant was a resident of Maryland for the stipulated minimum periods of time before admission, or the veteran's DD Form 214 or other discharge document shall contain a Maryland address as the “Permanent Address” or “Home of Record”.

(2) Residency may be confirmed in one of the following manners:

(a) Military records, such as a DD Form 214, which establish a Maryland home of record at the time of entrance into military service; or

(b) Draft board records, or State records, establishing legal residence at time of entrance into military service.

(3) Proof of legal residence to qualify for admission may also be met by providing at least two of the following, in the applicant's name and showing the Maryland address:

(a) A current valid Maryland driver's license with an appropriate date of issue;

(b) Certified copies of Maryland income tax returns, filed by the veteran in the most recent year or years preceding admission;

(c) A current voter's registration card;

(d) The records of a nursing home, hospital, or institution where the veteran may have been a patient immediately preceding admission;

(e) First class mail from federal or State government agencies, including the postmarked envelope;

(f) Maryland vehicle registration card or title;

(g) Utility, telephone, cable television, and Internet service bills;

(h) Checking or savings account statement, from a bank or credit union, including canceled checks with imprinted name and address;

(i) Life, car, health, or homeowner's insurance card, bill, or policy;

(j) Residential rental contract;

(k) Major credit card bills;

(l) Installment loan contract from a bank or other financial institution;

(m) Sales tax or business license;

(n) U.S. savings bond;

(o) Residential service contract, for example, television repair, lawn service, or exterminator contract;

(p) W-2 form from the most recent tax year or years preceding admission;

(q) Paychecks or pay stubs issued immediately preceding admission;

(r) Retirement plan statements; or

(s) Any other substantial evidence that may establish the required residency, at the discretion of the Home.

(4) If the military record in §F(2)(a) of this regulation contains only a permanent mailing address, place of entry, or place of discharge, residence shall be proved in another manner.

G. Burden of Proof in Establishing Eligibility. The burden of proof in establishing eligibility for admission to Charlotte Hall is upon the applicant, the applicant's responsible party, next-of-kin, or legal representative, or the individual making application on behalf of the applicant.

H. Right to Appeal Eligibility Determinations. The applicant, or the applicant's responsible party, or legal representative, may appeal a decision concerning eligibility of an applicant for admission to Charlotte Hall. The appeal shall be in writing and submitted to the Director, Veterans' Home Program, Charlotte Hall Veterans' Home, within 10 working days of notification of ineligibility to be admitted. If the applicant desires to appeal the Director of the Veterans' Home Program's appeal decision, the next and final appeal must be submitted in writing to the Secretary within 10 working days of the Director of the Veterans' Home Program's decision. This appeal shall be heard by the Secretary or the Secretary's designee.

I. In order to be considered for admission to Charlotte Hall Veterans' Home, a veteran shall:

(1) Have had active duty service in the U.S. Armed Forces, the Commissioned Corps of the Public Health Service, or the Commissioned Corps of the National Oceanic and Atmospheric Administration at any time;

(2) Have been discharged under honorable conditions;

(3) Be incapable of earning a living because of age, disease, or disability;

(4) Be a resident of Maryland pursuant to §§A(1)(b) and F of this regulation; and

(5) If applicable, provide a copy of DD Form 214, including Part IV.

History

  • Administrative History: Effective date: February 10, 1986 (13:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Chapter 14.16.01 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: State Government Article, §§9-902, 9-909, 9-910, and 9-911, Annotated Code of Maryland
COMAR 35.04.01.03 Application Procedures.

An applicant shall:

A. Furnish proof of service or proof of spouse's service;

B. Complete an application form that provides information about the applicant's personal history and financial status;

C. Enclose a copy of honorable discharge papers;

D. Submit an income affidavit;

E. Have the results of a physical exam documented by the applicant's physician on the application form; and

F. Provide the medical director with medical records if the applicant has been hospitalized.

History

  • Administrative History: Effective date: February 10, 1986 (13:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Chapter 14.16.01 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: State Government Article, §§9-902, 9-909, 9-910, and 9-911, Annotated Code of Maryland
COMAR 35.04.01.04 Admission Requirements.

A. In order to be considered for admission, a veteran or spouse:

(1) May not require acute care;

(2) May not have any infectious, communicable disease that would present a continuing health risk to other residents of the home;

(3) May not be mentally ill or dangerous to self or others so that extensive psychiatric care is required;

(4) May not be chemically dependent, to substances such as drugs, narcotics, or alcohol, and, if previously dependent, shall have participated in a structured rehabilitative program before admission; and

(5) Shall have a completed physical exam.

B. If a veteran has criminal charges pending, is under a lawful detainer, or has been convicted of a crime, the Department shall evaluate the charges or conviction to determine whether admission to Charlotte Hall is appropriate.

C. Charlotte Hall Veterans' Home may admit only those veterans and spouses for whom the Home is capable of providing the appropriate level of care required.

History

  • Administrative History: Effective date: February 10, 1986 (13:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Chapter 14.16.01 repealed effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 adopted effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: State Government Article, §§9-902, 9-909, 9-910, and 9-911, Annotated Code of Maryland

35.05.01 General Regulations

COMAR 35.05.01.01 Purpose.

To carry out the responsibilities and goals of the Department, there is a Maryland Veterans Trust Fund within the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective October 1, 2009 (36:21 Md. R. 1588); emergency status expired effective March 1, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 adopted effective September 6, 2010 (37:18 Md. R. 1216)
  • Authority: State Government Article, §§9-902, 9-912, and 9-913, Annotated Code of Maryland
COMAR 35.05.01.02 Definition.

A. In this subtitle, the following term has the meaning indicated.

B. Term Defined. “Fund” has the meaning stated in State Government Article, §9-913(a), Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective October 1, 2009 (36:21 Md. R. 1588); emergency status expired effective March 1, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 adopted effective September 6, 2010 (37:18 Md. R. 1216)
  • Authority: State Government Article, §§9-902, 9-912, and 9-913, Annotated Code of Maryland
COMAR 35.05.01.03 General.

A. The Fund consists of gifts and grants that the Department receives under State Government Article, §9-912(b), Annotated Code of Maryland.

B. The Secretary shall administer the Fund.

C. The Maryland Veterans Commission, the Maryland Veterans' Home Commission, and program directors shall advise the Secretary on the administration of the Fund.

D. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

E. The State Treasurer shall invest the money in the Fund in the same manner as other State money may be invested.

F. Any investment earnings of the Fund shall be credited to the Fund.

G. The Fund is a special, nonlapsing fund that is not subject to reversion under State Finance and Procurement Article, §7-302, Annotated Code of Maryland.

H. Money expended from the Fund is supplemental to and is not intended to take the place of funding that would otherwise be appropriated to the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective October 1, 2009 (36:21 Md. R. 1588); emergency status expired effective March 1, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 adopted effective September 6, 2010 (37:18 Md. R. 1216)
  • Authority: State Government Article, §§9-902, 9-912, and 9-913, Annotated Code of Maryland
COMAR 35.05.01.04 Use of Fund.

Unless the terms of a gift or grant require otherwise, and subject to the approval of the Secretary, money in the Fund may:

A. Be used to provide grants or loans to:

(1) Veterans and their families;

(2) Public and private programs that support veterans and their families; or

(3) Any other programs that the Secretary considers appropriate; or

B. Be invested, including all or part of the principal and income, in:

(1) General obligations of the State; or

(2) Any other security.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective October 1, 2009 (36:21 Md. R. 1588); emergency status expired effective March 1, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 adopted effective September 6, 2010 (37:18 Md. R. 1216)
  • Authority: State Government Article, §§9-902, 9-912, and 9-913, Annotated Code of Maryland

35.06.01 General Regulations

COMAR 35.06.01.01 Purpose.

The purpose of this chapter is to establish procedures for the Department to carry out the responsibilities and goals of the Maryland Veterans Service Animal Program pursuant to State Government Article, §9-957(h), Annotated Code of Maryland.

History

  • Administrative History: Effective date: Effective December 18, 2017 (44:251 Md. R. 1185)
  • Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 173); January 24, 2022 (49:2 Md. R. 79); January 8, 2024 (50:26 Md. R. 1133)
  • Administrative History: Regulation .07 amended effective February 10, 2020 (47:3 Md. R. 173)
  • Administrative History: Regulation .07B amended effective July 30, 2018 (45:15 Md. R. 728)
  • Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective January 24, 2022 (49:2 Md. R. 79)
  • Authority: State Government Article, §9-957, Annotated Code of Maryland
COMAR 35.06.01.02 Definitions.

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

B. Terms Defined.

(1) “Eligible nonprofit training entity” means a nonprofit training entity that qualifies under State Government Article, §9-957(d)(2), Annotated Code of Maryland.

(2) “Eligible veteran” has the meaning stated in State Government Article, §9-957(a)(2), Annotated Code of Maryland.

(3) “Fund” has the meaning stated in State Government Article, §9-957(a)(3), Annotated Code of Maryland.

(4) “Nonprofit training entity” has the meaning stated in State Government Article, §9-957(a)(4), Annotated Code of Maryland.

(5) “Program” means the Maryland Veterans Service Animal Program.

(6) “Program participant” has the meaning stated in State Government Article, §9-957(a)(6), Annotated Code of Maryland.

(7) Service Dog

(a) “Service dog” has the meaning stated in the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., as amended.

(b) “Service dog” includes any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

(c) “Service dog” does not include any other species of animal, whether wild or domestic, trained or untrained.

(8) “Successful program participant” has the meaning stated in State Government Article, §9-957(a)(7), Annotated Code of Maryland.

(9) “Support dog” means a dog that is individually trained and that serves as an emotional support animal or therapy animal that a medical professional, within the medical professional’s scope of practice, has determined provides benefit for an individual with a sensory, psychiatric, intellectual, or other disability.

(10) “Therapy horse” means a horse determined appropriate for interactions with veterans at a stable licensed by the State that is a Professional Association of Therapeutic Horsemanship, International (PATH, Intl.) member center or has Equine Assisted Growth and Learning Association (EAGALA) certified professionals who provide services to veterans.

History

  • Administrative History: Effective date: Effective December 18, 2017 (44:251 Md. R. 1185)
  • Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 173); January 24, 2022 (49:2 Md. R. 79); January 8, 2024 (50:26 Md. R. 1133)
  • Administrative History: Regulation .07 amended effective February 10, 2020 (47:3 Md. R. 173)
  • Administrative History: Regulation .07B amended effective July 30, 2018 (45:15 Md. R. 728)
  • Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective January 24, 2022 (49:2 Md. R. 79)
  • Authority: State Government Article, §9-957, Annotated Code of Maryland
COMAR 35.06.01.03 General Applicability.

These regulations apply to every expenditure by the Department of money from the Fund.

History

  • Administrative History: Effective date: Effective December 18, 2017 (44:251 Md. R. 1185)
  • Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 173); January 24, 2022 (49:2 Md. R. 79); January 8, 2024 (50:26 Md. R. 1133)
  • Administrative History: Regulation .07 amended effective February 10, 2020 (47:3 Md. R. 173)
  • Administrative History: Regulation .07B amended effective July 30, 2018 (45:15 Md. R. 728)
  • Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective January 24, 2022 (49:2 Md. R. 79)
  • Authority: State Government Article, §9-957, Annotated Code of Maryland
COMAR 35.06.01.04 Program Outreach.

A. The Department will promote the program to eligible veterans using website announcements, social media sites, electronic newsletters, print media and brochures, and community outreach events.

B. The Department will encourage successful program participants to assist with program outreach and referral of eligible veterans.

History

  • Administrative History: Effective date: Effective December 18, 2017 (44:251 Md. R. 1185)
  • Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 173); January 24, 2022 (49:2 Md. R. 79); January 8, 2024 (50:26 Md. R. 1133)
  • Administrative History: Regulation .07 amended effective February 10, 2020 (47:3 Md. R. 173)
  • Administrative History: Regulation .07B amended effective July 30, 2018 (45:15 Md. R. 728)
  • Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective January 24, 2022 (49:2 Md. R. 79)
  • Authority: State Government Article, §9-957, Annotated Code of Maryland
COMAR 35.06.01.05 Referral of Eligible Veterans to Selected Nonprofit Training Entities.

A. Eligible nonprofit training entities must complete a Program application and submit any additional information or documentation requested by the Department.

B. Nonprofit training entities must be registered and in good standing with the Office of the Secretary of State to be considered.

C. The Department will publish a list of the selected nonprofit training entities on its website.

D. The Department will refer veterans to the list of entities and maintain a record of referrals made.

E. The nonprofit training entity will screen a referred veteran for eligibility to become a program participant.

History

  • Administrative History: Effective date: Effective December 18, 2017 (44:251 Md. R. 1185)
  • Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 173); January 24, 2022 (49:2 Md. R. 79); January 8, 2024 (50:26 Md. R. 1133)
  • Administrative History: Regulation .07 amended effective February 10, 2020 (47:3 Md. R. 173)
  • Administrative History: Regulation .07B amended effective July 30, 2018 (45:15 Md. R. 728)
  • Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective January 24, 2022 (49:2 Md. R. 79)
  • Authority: State Government Article, §9-957, Annotated Code of Maryland
COMAR 35.06.01.06 Donations to the Fund.

A. The Department will accept online donations through its website.

B. The Department will allow donors to request anonymity before publishing an annual list of donors.

History

  • Administrative History: Effective date: Effective December 18, 2017 (44:251 Md. R. 1185)
  • Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 173); January 24, 2022 (49:2 Md. R. 79); January 8, 2024 (50:26 Md. R. 1133)
  • Administrative History: Regulation .07 amended effective February 10, 2020 (47:3 Md. R. 173)
  • Administrative History: Regulation .07B amended effective July 30, 2018 (45:15 Md. R. 728)
  • Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective January 24, 2022 (49:2 Md. R. 79)
  • Authority: State Government Article, §9-957, Annotated Code of Maryland
COMAR 35.06.01.07 Disbursements from the Fund to Selected Nonprofit Training Entities.

A. The Department shall review grant applications and award grant awards to approved nonprofit training entities.

B. Nonprofit training entities shall submit progress reports to the Department.

History

  • Administrative History: Effective date: Effective December 18, 2017 (44:251 Md. R. 1185)
  • Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 173); January 24, 2022 (49:2 Md. R. 79); January 8, 2024 (50:26 Md. R. 1133)
  • Administrative History: Regulation .07 amended effective February 10, 2020 (47:3 Md. R. 173)
  • Administrative History: Regulation .07B amended effective July 30, 2018 (45:15 Md. R. 728)
  • Administrative History: Regulation .07 repealed and new Regulation .07 adopted effective January 24, 2022 (49:2 Md. R. 79)
  • Authority: State Government Article, §9-957, Annotated Code of Maryland

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