1. A. Upon request by a county, the Board may grant a waiver or variance of the regulations contained in this chapter.

2. B. A county may submit a written or electronic request for waiver or variance to the Board that includes:

   1. (1) Number of persons affected;
   2. (2) Impact of a variance or waiver;
   3. (3) Alternative methods;
   4. (4) Technical difficulties;
   5. (5) Cost.

3. C. The Board shall consider:

   1. (1) The information for each of the areas cited in §B of this regulation; and
   2. (2) The best interests of the affected parties, the applicant, and the Emergency Number Systems Board.
4. D. An affected party shall have the right to present, either in writing or through oral testimony, information which may bear on the Board's final decision.

5. E. Processing a Request for Waiver or Variance.

   1. (1) Upon receipt of a written request for waiver or variance, the Board shall:

      1. (a) Within 10 days of receipt of the request, direct a letter to the applicant, which shall:

         1. (i) Acknowledge receipt; and
         2. (ii) Notify the applicant that additional information may be submitted, within 30 days, for the Board to consider during the review; and
      2. (b) Review the documents or conduct a hearing.
   2. (2) If the Board elects to review the documents, the review shall be conducted at a regular Board meeting within 60 days after the expiration of the 30-day period granted to the applicant to submit additional information.

   3. (3) If the Board elects to conduct a hearing, the Board shall:

      1. (a) Notify the applicant and affected parties of the hearing at least 10 days before the hearing and provide the hearing:

         1. (i) Date;
         2. (ii) Time; and
         3. (iii) Location; and
      2. (b) Conduct the hearing according to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Authority: Public Safety Article, Title 1, Subtitle 3, Correctional Services Article, §2-109; Annotated Code of Maryland

Effective date:

Regulations .01—.12 adopted as an emergency provision effective June 2, 1980 (7:12 Md. R. 1128); adopted permanently effective October 11, 1980 (7:20 Md. R. 1884) (Originally Promulgated as COMAR 12.11.02)

Regulation .03F amended effective May 15, 1981 (8:10 Md. R. 878)

Regulation .04A amended effective August 13, 1984 (11:16 Md. R. 1393)

Regulation .09-1 adopted effective August 13, 1984 (11:16 Md. R. 1393)

Regulation .09-1B amended effective July 13, 1986 (13:14 Md. R. 1635)

Regulation .11A amended effective August 13, 1984 (11:16 Md. R. 1393)

Regulations .13 and .14 adopted effective August 2, 1982 (9:15 Md. R. 1515)

Chapter revised effective September 16, 1991 (18:18 Md. R. 2008)

Chapter revised effective January 1, 1996 (22:24 Md. R. 1899)

Regulation .01 amended effective July 15, 1996 (23:14 Md. R. 1010)

Regulation .02 amended effective February 24, 1997 (24:4 Md. R. 293)

Regulation .07D amended effective July 15, 1996 (23:14 Md. R. 1010)

Regulation .10B amended effective July 15, 1996 (23:14 Md. R. 1010)

Regulation .14D amended effective July 15, 1996 (23:14 Md. R. 1010)

Chapter revised effective March 9, 1998 (25:5 Md. R. 370)

Regulation .12A amended effective July 27, 1998 (25:15 Md. R. 1191)

Chapter revised effective October 8, 2007 (34:20 Md. R. 1740)