Md. Code Regs. 36.03.02.10

Current through Register Vol. 51, No. 12, June 14, 2024

Section 36.03.02.10 - Alternative Licensing Standards

A. General.

(1) The Commission may establish an abbreviated process for licensing an applicant who holds a valid license in another state if the Commission determines that the licensing standards of the other state:

(a) Are comprehensive;

(b) Are thorough; and

(c) Provide similar adequate safeguards to those in State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland.

(2) Except for an operation or manufacturer license applicant, the Commission may:

(a) Waive some or all of the requirements in State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland; and

(b) Issue a license to a person having a similar license in another state.

(3) The Commission may delegate its authority to decide whether to apply an alternative license standard to staff.

B. Process.

(1) An applicant or licensee requesting the application of alternative licensing requirements shall submit a written request in a format specified by the Commission.

(2) A written waiver request shall contain at least the following:

(a) The state in which the applicant holds a valid license;

(b) An explanation of the unique circumstances justifying the request; and

(c) Any other information requested by staff or the Commission.

(3) Upon receipt of a request that fails to comply with §B(1) and (2) of this regulation, staff shall notify the requestor:

(a) Of any deficiency; and

(b) That the waiver request will not be presented to the Commission unless the identified deficiency is corrected.

C. Decision.

(1) Upon receipt of a waiver request that complies with §B of this regulation, staff shall:

(a) Present the waiver request to the Commission as soon as practicable; or

(b) If the Commission has delegated to staff the authority to decide the waiver request, decide the waiver request as soon as practicable.

(2) After the Commission or staff decides whether to grant the waiver request, staff shall notify the requestor.

Md. Code Regs. 36.03.02.10

Regulations .10 adopted as an emergency provision effective 40:6 Md. R. 470, eff. 3/1/2013 ; emergency action expired effective July 20, 2013
Regulations .10 adopted effective 40:16 Md. R. 1347, eff.8/19/2013