Proposed Executive Regulations


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MCER NO. 8-11:  PROPOSED OFFICE OF HUMAN RESOURCES REGULATION

MCPR Amendments on County Grievance Procedure

SUMMARY:  The proposed regulation amends MCPR Section 34 to increase the period of time for a department to respond to a grievance from 7 calendar days to 15 working days.  The proposed regulation also increases from 15 to 30 minutes the maximum time for each party to make a presentation before a settlement conference committee or a peer resolution panel. These amendments mirror the changes to the grievance procedure contained in the recently negotiated collective bargaining agreement between the County and MCGEO.  The proposed regulation would supersede Executive Regulation 12-00AM II, in part.

COMMENTS:  Written comments must be submitted by May 31, 2011, to Stuart Weisberg, Office of Human Resources, 101 Monroe Street, 7th Floor, Rockville, MD  20850, 240-777-5154.
Email:  stuart.weisberg@montgomerycountymd.gov

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-3831.  Email:  clark.beil@montgomerycountymd.gov


MCER NO. 9-11:  PROPOSED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Fee Schedule for Food Service Facilities

SUMMARY:  COMAR 10.15.03, Food Service Facilities, and Montgomery County Code Chapter 15, Eating and Drinking Establishments, specifies the minimum inspection frequency for licensed food service facilities.  Licensure and Regulatory Services is responsible for licensing, inspecting, investigating complaints and conducting plan review of food service facilities in Montgomery County.  The goal of this office is to protect the health and safety of the public by providing assurance that these facilities are in compliance with the health and safety standards established by Montgomery County, the State of Maryland and Federal laws and regulations.  The program provides over 6,000 licenses annually for both the operation of new businesses and the annual renewal of licenses for all existing businesses.  The proposed fee increase will offset the cost of conducting the inspections associated with new regulations and new reporting requirements.  The proposed regulation would supersede Executive Regulation 9-01.

COMMENTS:  Written comments must be submitted by June 1, 2011, to Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-1266.
Email:  clark.beil@montgomerycountymd.gov

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD  20850, 240-777-3831.  Email:  clark.beil@montgomerycountymd.gov


MCER NO. 10-11:  PROPOSED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Fee Schedule for Swimming Pools, Pool Operators, and Pool Management

                            Companies

SUMMARY:  The proposed increase in licensing fee is adjusted to reflect the size of the pool.  The increase would be introduced for large pools sized at 100,000 gallons or greater, and for wading pools to reflect the cost of administering and enforcing the pool program for these pools.  The new Virginia Graeme Baker Pool and Safety Act (VGBA) promotes the safe use of pools, spas, and hot tubs by imposing mandatory Federal requirements for suction entrapment avoidance.  The VGBA law consists of two parts, enforcement for the new main drain covers in 2009 and the equalizer cover requirement in 2010.  In addition, changes in the swimming pool industry include new pool, spa, and fountains designs, and the introduction of interactive fountains, lazy rivers and amusement rides.  These changes have contributed to a sizeable increase in the time required to review pool plans and conduct inspections.  The proposed fee increase will offset the cost of conducting the inspections associated with new regulations and new reporting requirements.  The proposed regulation would supersede Executive Regulation 14-01.

COMMENTS:  Written comments must be submitted by June 1, 2011, to Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-1266.
Email:  clark.beil@montgomerycountymd.gov

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-3831.  Email:  clark.beil@montgomerycountymd.gov


MCER NO. 11-11:  PROPOSED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Fee Schedule for Bingo and Raffles

SUMMARY:  This licensing requirement is for non-profit organizations wishing to conduct Bingo and Raffles for fund raising purposes and includes Montgomery County residency only.  This proposal reflects an approximate fee increase of 10%.  Authority for this regulation is also found under the Maryland Criminal Law Code Annotated 13-1809.  Gaming-Local Provisions, Subtitled 18.  The proposed regulation would supersede Executive Regulation 12-01.

COMMENTS:  Written comments must be submitted by June 1, 2011, to Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-1266.
Email:  clark.beil@montgomerycountymd.gov

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-3831.  Email:  clark.beil@montgomerycountymd.gov


MCER NO. 12-11:  PROPOSED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Fee Schedule for Video Games

SUMMARY:  Applications for video games and facilities that offer video games for public operation are processed and must obtain licensure prior to operating.  The proposed fee increase will offset the administrative costs associated with issuing, renewing licenses and responding to complaints.  Inspections and possible licensing violations are complaint driven.  The proposed regulation would supersede Executive Regulation 15-01.

COMMENTS:  Written comments must be submitted by June 1, 2011, to Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-1266.
Email:  clark.beil@montgomerycountymd.gov

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-3831.  Email:  clark.beil@montgomerycountymd.gov


MCER NO. 13-11:  PROPOSED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Fee Schedule, Signs and Temperature Requirements for Tanning Facilities

SUMMARY:  These facilities are annually licensed by Montgomery County Office of Licensure and Regulatory Services.  Each facility has a one time inspection prior to the initial opening and then subsequently in response to any customer complaints.  State law requires all persons under the age of eighteen (18) to have permission from parents or guardians and each tanning available for review by our department as required.  The-proposed fee increase would offset administrative licensing and complaint driven inspection costs.  The proposed regulation would supersede Executive Regulation 11-01.

COMMENTS:  Written comments must be submitted by June 1, 2011, to Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-1266.
Email:  clark.beil@montgomerycountymd.gov

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-3831.  Email:  clark.beil@montgomerycountymd.gov


MCER NO. 14-11:  PROPOSED DEPARTMENT OF ENVIRONMENTAL PROTECTION REGULATION

Licensing and Permitting Fees for Solid Waste Collectors and Haulers

SUMMARY:  This proposed regulation establishes the permit and license fees for solid waste collectors and haulers to be fixed annually by the County Executive.

COMMENTS:  Written comments must be submitted by May 31, 2011, to Anthony J. Skinner, DEP/DSWS,101 Monroe Street, 6th Floor, Rockville, MD 20850, 240-777-6438, TTY 240-777-6442.
Email:  Anthony.Skinner@montgomerycountymd.gov

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 48-26, Method 3.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Serena L. Bell, DEP/DSWS, 101 Monroe Street, 6th Floor, Rockville, MD 20850, 240-777-6459, TTY 240-777-6442.  Email:  Serena.James@montgomerycountymd.gov

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