COMAR 13B - Complete Version

13B.02.05.02

.02 Definitions.

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

B. Terms Defined.

(1) “Accredited” means holding institutional accreditation by name as a U.S.-based
institution from an accreditor recognized by the U.S. Department of Education.

(2) “Commission” means the Maryland Higher Education Commission.

(3) “Council” means the National Council for State Authorization Reciprocity
Agreements.

(4) “C-RAC guidelines” mean the Interregional Guidelines for the Evaluation of Distance
Education adopted by the Council of Regional Accrediting Commissions.

(5) “In-State institution” means an institution of higher education that holds its legal
domicile in the State.

(6) “In-State SARA institution” means an in-State institution approved by the
Commission to participate in SARA.

(7) “SARA” means a State Authorization Reciprocity Agreement overseen by the
National Council for State Authorization Reciprocity Agreements and administered by
the Southern Regional Education Board, the New England Board of Higher Education,
the Midwestern Higher Education Compact, or the Western Interstate Commission for
Higher Education.

(8) “SARA distance education” means interstate instruction, originating in the U.S. or a
U.S. territory, offered by any means where the student and faculty member are in
separate physical locations, including, but not limited to, online, interactive video, or
correspondence courses or programs.

(9) “Secretary” means the Secretary of Higher Education or the Secretary’s designee.

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13B.02.05.03

.03 Scope.

This chapter does not affect the obligations of in-State SARA institutions to seek and obtain
institutional and programmatic reviews and approvals from the Commission under Education
Article, §§11-202 and 11-206, Annotated Code of Maryland.

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13B.02.05.04

.04 Approval of In-State Institutions to Participate in SARA.

A. An in-State institution seeking approval to participate in SARA shall submit an application to
the Commission in a form prescribed by the Secretary.

B. The Secretary shall, upon receipt of an in-State institution’s complete application to
participate in SARA, approve the application if:

(1) The applicant is an in-State institution approved by the Commission to operate in
Maryland;

(2) Programs offered by the institution comply with Education Article, §§11-206 and 11-
206.1, Annotated Code of Maryland;

(3) The applicant is accredited;

(4) The president or chief academic officer of the institution attests that the institution
meets and agrees to comply with the C-RAC guidelines;

(5) The institution, if it participates in federal Title IV financial aid, has a federal
financial responsibility rating of at least 1.5, or, upon justification deemed acceptable by
the Secretary, a federal financial responsibility rating of at least 1.0;

(6) The institution, if it does not participate in federal Title IV financial aid, would, in the
determination of the Secretary, have a federal financial responsibility rating of at least
1.5, or, with justification deemed acceptable by the Secretary, at least 1.0;

(7) The institution makes its SARA-related complaint policies and procedures readily
available to students, and informs students that they may appeal SARA-related
complaints to MHEC pursuant to this chapter;

(8) For any course or program potentially leading to professional licensure:

(a) The institution notifies students and potential students that the course or
program meets the licensing requirements of the state where the students or
potential students reside; or

(b) The institution notifies students and potential students that it cannot confirm
whether the course or program meets the licensing requirements of the state where
the students or potential students reside, provides students and potential students
with current contact information for applicable licensing boards, and advises
students and potential students to determine whether the course or program meets
state licensing requirements;

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(9) The provisional approval criteria in §C of this regulation do not apply; and

(10) The applicant has paid the fee required by Regulation .06 of this chapter.

C. Provisional Approval. The Secretary shall, upon receipt of an in-State institution’s complete
application to participate in SARA, approve the institution to participate in SARA on a
provisional status if the institution meets the requirements of §B(1)—(8) and (10) of this
regulation, but:

(1) Is on probationary status or the equivalent with its institutional accrediting
association;

(2) Uses a letter of credit or is under a cash management agreement with the U.S.
Department of Education;

(3) Is the subject of a publicly announced investigation by a government agency, and the
investigation is related to the institution’s academic quality, financial stability, or student
consumer protection; or

(4) Is the subject of an investigation by the State related to the institution’s academic
quality, financial stability, or student consumer protection.

D. Terms and Length of Provisional Status.

(1) An in-State institution approved to participate in SARA on provisional status shall
meet any requirements the Secretary deems necessary, including enrollment limits, to
ensure SARA standards are met regarding program quality, financial stability, and
consumer protection.

(2) The length of the provisional status of an in-State institution approved to participate in
SARA shall be determined by the Secretary and may not exceed 1 year.

(3) Application for Removal of Provisional Status.

(a) If an in-State institution approved to participate in SARA on provisional status
no longer meets the provisional status criteria set forth in §C of this regulation, it
may apply in writing to the Secretary for removal of its provisional status
designation and approval as an in-State SARA institution.

(b) The Secretary shall grant the application if the criteria justifying provisional
status no longer apply, and if the institution meets the requirements of §B of this
regulation.

(4) If the Secretary determines that an in-State institution approved to participate in
SARA on provisional status no longer meets the requirements of §B(1)—(8) and (10) of
this regulation, the Secretary shall:

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(a) Provide the institution with a grace period, not to exceed 1 year, in which the
institution shall come into compliance with SARA standards, subject to the
supervision of the Secretary; or

(b) Prohibit the institution from enrolling additional students in SARA distance
education, terminate the institution’s SARA participation pursuant to Regulation
.08 of this chapter, and allow the institution to continue to instruct students
already enrolled in SARA distance education for a period of 6 months.

(5) In any 3-year period, the Secretary may grant an institution only one grace period in
which to correct noncompliance under §D(4) of this regulation.

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13B.02.05.05

.05 Annual Renewal of Approval of In-State Institutions to Participate in
SARA.

A. An in-State SARA institution shall apply to the Commission annually, in a form prescribed by
the Secretary, to renew its participation in SARA.

B. The Secretary shall approve the renewal application if the in-State SARA institution continues
to meet the requirements set forth in Regulation .04B of this chapter.

C. An in-State institution approved to participate in SARA on provisional status may not renew
its provisional status.

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13B.02.05.06

.06 Annual Fees for In-State Institutions to Participate in SARA.

A. An in-State institution shall pay annually the SARA application and renewal fees set forth in
this regulation.

B. Fees to the Commission.

(1) For institutions with less than 2,500 full-time equivalent enrollment, the annual,
nonrefundable fee due to the Commission shall be $2,000.

(2) For institutions with between 2,500 and 9,999 full-time equivalent enrollment, the
annual, nonrefundable fee due to the Commission shall be $4,000.

(3) For institutions with 10,000 or more full-time equivalent enrollment, the annual,
nonrefundable fee due to the Commission shall be $6,000.

C. Fees to the Council. Fees due annually to the Council to participate in SARA are prescribed
by the Council.

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13B.02.05.07

.07 Student Complaints Against In-State SARA Institutions.

A. Scope.

(1) This regulation applies to SARA distance education provided by in-State SARA
institutions to students residing in Maryland, and to students residing in other states.

(2) This regulation does not affect or limit the rights of students or of the State to pursue
other remedies available under the law, including the Maryland Consumer Protection
Act.

B. A student who receives SARA distance education from an in-State SARA institution may,
after the student has exhausted the institution’s procedures for the resolution of grievances, and
within 2 years of the incident about which the complaint is made, file a written complaint to the
Commission, in a form prescribed by the Secretary, alleging that the institution:

(1) Has engaged in dishonest or fraudulent activity; or

(2) Has operated a course or a program contrary to practices set forth in the C-RAC
guidelines in a way that has harmed the student.

C. A complaint made under §B of this regulation may include, but is not limited to, allegations
that the institution provided false or misleading:

(1) Recruitment or marketing materials;

(2) Job placement data;

(3) Information about tuition, fees, or financial aid;

(4) Information about admission requirements;

(5) Information about the institution’s accreditation;

(6) Information about whether course work meets relevant professional licensing
requirements or the requirements of specialized accrediting bodies; and

(7) Information about the transferability of course work to other institutions.

D. The Secretary shall send a copy of a complaint received under §C of this regulation to the
institution that is the subject of the complaint.

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E. Within 30 days of the date that the Secretary sends a copy of a complaint received under §D
of this regulation to an institution, the institution shall provide a written response in a form
prescribed by the Secretary.

F. Within 30 days of the date the Secretary receives the institution’s response under §E of this
regulation, or if the Secretary receives no response under §E of this regulation, the Secretary
shall issue a notice to the institution containing:

(1) The Secretary’s findings regarding the complaint;

(2) The actions that the institution shall take, if any, to comply with the requirements set
forth in this chapter; and

(3) The consequences of failing to take the actions prescribed by the Secretary, which
may include the termination of the institution’s participation in SARA under Regulation
.08 of this chapter.

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13B.02.05.08

.08 Termination of an In-State Institution’s Participation in SARA.

A. If the Secretary finds that an in-State SARA institution fails to meet the requirements of this
chapter, the Secretary may:

(1) Issue a notice of deficiencies to the institution; or

(2) If the institution meets the requirements of Regulation .04C of this chapter, permit the
institution to participate in SARA on provisional status, subject to the requirements of
Regulation .04D of this chapter.

B. Within 20 days of receipt of the notice of deficiencies, the institution shall respond in writing
to the Secretary’s notice, setting forth the institution’s objections to the Secretary’s findings.

C. Within 20 days of receipt of the institution’s written response to the notice of deficiencies, or
if the Secretary receives no written response, the Secretary shall issue a decision on whether to
terminate the institution’s participation in SARA.

D. The Secretary’s decision to terminate an institution’s participation in SARA may be reviewed
under Regulation .09 of this chapter.

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13B.02.05.09

.09 Administrative Review of SARA Decisions.

A. If the Secretary issues a decision to deny an institution’s application to participate in SARA,
to deny its renewal application under SARA, or to terminate its participation in SARA, the
president of the institution may, within 10 days of issuance of the Secretary’s decision, notify the
Commission that the institution seeks the Commission’s review of the Secretary’s decision.

B. If the president of the institution does not notify the Commission that it seeks review of the
Secretary’s decision within 10 days of issuance of the decision, the decision shall be final.

C. Within 30 days of notifying the Commission that the institution seeks review of the
Secretary’s decision, the president of the institution, in writing:

(1) Shall submit to the Commission the grounds upon which the institution objects to the
Secretary’s decision; and

(2) May request a hearing before the Commission.

D. Within 30 days of receipt of the institution’s written statement, the Secretary shall issue a
written statement setting forth the reasons supporting the Secretary’s decision.

E. If the institution has requested a hearing, within 60 days of issuance of the Secretary’s written
statement in support of the Secretary’s decision, the Commission shall schedule a hearing to
consider the institution’s objections to the Secretary’s decision.

F. At the hearing, the president of the institution or the president’s designee, and the Secretary or
the Secretary’s designee, each shall have 15 minutes, or longer at the discretion of the Chairman
of the Commission, to present data and arguments to the Commission regarding the Secretary’s
decision.

G. Within 10 working days of the hearing or, if no hearing has been requested, within 60 days of
issuance of the Secretary’s written statement in support of the Secretary’s decision, the
Commission shall issue an order:

(1) Affirming the Secretary’s decision;

(2) Reversing the Secretary’s decision; or

(3) Remanding the decision to the Secretary for further action as directed by the
Commission.

H. The Commission’s order is final, and is not subject to reconsideration by the Commission or
review by any other administrative or judicial body.

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Title 13B MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 03 FIRE-RESCUE EDUCATION AND
TRAINING COMMISSION

Chapter 01
Certification Standards and Procedures

for Emergency Services Instructors

Authority: Education Article, §§11-105 and 11-501—11-503, Annotated Code of Maryland

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13B.03.01.01

.01 Incorporation by Reference.

A. In this chapter, the following document is incorporated by reference.
B. Document Incorporated. National Fire Protection Association (NFPA) 1041: Standard for Fire
Service Instructor Professional Qualifications, 2007 Edition, is incorporated by reference.

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13B.03.01.02

.02 Definitions.

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

B. Terms Defined.

(1) "Approval" means approval as statutorily applied to the Maryland Fire-Rescue
Education and Training Commission (MFRETC) as an agency of the Maryland Higher
Education Commission (MHEC), under Education Article, §11-105, Annotated Code of
Maryland, before a postsecondary institution can award a certificate, diploma, or degree
to an individual.

(2) "Certification" means to verify that an individual has met the requirements of these
standards.

(3) "Emergency services" means fire, rescue, and emergency medical services, with
emergency medical services also meaning "emergency care" as related to training.

(4) "Field evolutions" means a structured training exercise designed to complete a
specific training objective.

(5) "Local emergency services instructor" means an individual who is designated to
instruct by the local jurisdiction.

(6) "Local jurisdiction" means any city, county, municipal, or State government, public
fire-rescue or emergency medical services department, State-approved public school, or
postsecondary institution providing emergency services training or education, and other
institutions as approved by the Maryland Instructor Certification Review Board
(MICRB).

(7) "Maryland Instructor Certification Review Board (MICRB)" means an independent
five-member board created as a unit within the University System of Maryland which is
responsible for the administration of the Emergency Services Instructor Certification
Program and the issuance of certificates under that program.

(8) "Sponsoring agency" means a local jurisdiction submitting a candidate for
certification.

(9) "State emergency services instructor" means an individual who is certified to be an
emergency services instructor by the MICRB.

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(10) "Supporting services" means nonteaching support rendered in the emergency
services area, usually in an administrative or communication capacity in the career or
volunteer service.

(11) "Training supervisor" means an individual who is a MICRB certified State
emergency services instructor and who directly supervises certified State emergency
services instructors on a full-time basis.

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13B.03.01.03

.03 State Emergency Services Instructor Certification Standard.

A. The objective of this certification system is to provide the emergency services of the State
with a competent instructor. When certified, the instructor shall provide instruction and training
in one or more of the emergency services disciplines.

B. Advanced life support program coordinators and medical directors functioning under
COMAR 30.04 shall ensure that individuals providing instruction as faculty have appropriate
educational credentials in addition to subject matter expertise. In addition, MIEMSS shall ensure
that educational program faculty qualifications are consistently applied Statewide via the
Advanced Life Support Educational Program approval process.

C. Instructor certification is granted by the Maryland Instructor Certification Review Board.

D. The State emergency services instructor standards apply to faculty employed by a public or
private postsecondary institution, including degree-granting institutions teaching credit courses
in emergency services programs whose students are to be qualified as emergency services
personnel serving the public.

E. Six Sequential Stages of Instructor Candidate System.

(1) Expression of Interest.

(a) This first stage identifies emergency service personnel who meet specific entry
level criteria and indicate their interest in the program to a sponsoring agency as
defined in Regulation .02B of this chapter.

(b) The candidate shall:

(i) Be 21 years old or older;

(ii) Have a high school diploma or general education diploma (GED)
verified by the sponsoring agency;

(iii) Have 3 years experience in the emergency services;

(iv) Possess the ability to perform all tasks required for the teaching; and

(v) Complete an approved training program in the area of instruction.

(2) Selection Process. The MICRB recognizes the need for a candidate selection process.
The sponsoring agency is encouraged to use the means it considers appropriate in
assessing candidate eligibility. While the development and use of a screening mechanism

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is the responsibility of the sponsoring agency, it is suggested that the process provide a
means of assessing the candidate's field knowledge, reading comprehension, verbal
ability, mathematical ability, and mechanical aptitude.

(3) Instructor Training.

(a) The approved instructor training program consists of sequential instruction and
is designed to impart knowledge and skills necessary for the candidate to perform
duties as an instructor. The scope of the training shall include instructor roles and
responsibilities, lesson planning, domains of learning, learning styles, goals and
objectives, communication skills, diversity, legal issues, student evaluation, and
basic course designs. Evaluation shall be accomplished by written examinations
and instructor performance evaluations.

(b) The instructor training program shall fulfill the professional requirements and
qualifications in Regulations .13 and .14 of this chapter, as taught by an instructor
trainer approved by the MICRB. The course shall also include examinations at
mid-course and at the end of the course, performance evaluations, and one term
project to be completed before the end of the course. The MICRB may consider
credentials of a degreed applicant verified by a sponsoring agency as having
completed this requirement. Evidence of academic achievement in the field of
education (adult education preferred) shall be submitted to the MICRB.

(c) The instructor candidate may fulfill the instructor training requirement by
completing a nationally recognized instructor training course approved by the
MICRB.

(d) A level I instructor training program shall be taught by an MICRB-approved
State emergency services instructor approved as an instructor evaluator or
instructor trainer. A level II instructor training program shall be taught by an
MICRB-approved State emergency services instructor trainer.

(4) Skills Development.

(a) When a candidate successfully completes instructor training, the sponsoring
agency shall conduct a skills development program. A date, place, and time shall
be planned and a program shall be coordinated.

(b) This program shall:

(i) Be at least 12 hours;

(ii) Be designed to unite practical instruction to specific field evolutions;
and

(iii) Afford an opportunity to demonstrate performance instruction
techniques.

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(c) The instructional period shall be planned and supervised by certified
instructors who may be primarily responsible for the particular discipline or
specialty.

(d) The training is to be specialized.

(e) Performance evaluations are to be conducted and provided to the instructor
candidate.

(f) In lieu of the prescribed skills development program, the MICRB may
consider credentials, experience, or another such program.

(5) Practice Teaching.

(a) The candidate, after successful completion of skills development, is required
to practice teach a minimum of two 3-hour sessions or classes which include one
cognitive information session and one practical skill session, and shall receive a
satisfactory evaluation for each class. The teaching shall be performed under the
continuous direct supervision of a certified State emergency services instructor. A
certified State emergency services instructor approved as an evaluator shall
perform the evaluation of this training.

(b) Practice teaching provides the instructor candidate with an opportunity to
teach, following instructor training, under actual conditions. This on-the-job
instruction consists of two 3-hour segments as described in §E(5)(a) of this
regulation and shall be evaluated by an approved MICRB evaluator pursuant to
Regulation .09B of this chapter. To ensure that the practice instruction is of the
highest possible quality and is meeting the lesson objectives, a three-step process
shall be used for evaluation purposes, which consists of observation, written
evaluation, and a supervisory conference.

(6) Interim Student Teaching.

(a) Interim student teaching provides the instructor candidate an opportunity to
teach a complete course of instruction with some supervision. During this stage,
two evaluations shall be made by MICRB-approved evaluators or instructor
trainers approved by the MICRB. The completed evaluations shall become part of
the total certification requirements.

(b) The candidate shall teach a minimum of 60 clock hours and receive two
consecutive satisfactory evaluations from two different MICRB-approved
evaluators or instructor trainers approved by the MICRB. Each evaluator shall be
from a local jurisdiction or sponsoring agency different from the other.

F. Application for Certification.

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(1) After the teaching assignment is completed, each candidate's file shall be reviewed by
the sponsoring agency representative, who shall make appropriate recommendations
based upon the evaluation of the completion of the six stages.

(2) Application Process.

(a) To be considered for certification, the candidate shall submit an application for
certification through the sponsoring agency to the MICRB on the form prescribed
by the MICRB.

(b) A candidate shall complete the application process within 5 years of
completion of an MICRB-approved instructor training course.

(c) If a candidate has completed the instructor training course between 5 and 10
years before beginning the application process, the candidate shall, in addition to
the prescribed initial certification requirements, complete12 hours of approved
instructor methodology.

(d) If a candidate has completed the instructor training course more than 10 years
before beginning the application process, the candidate shall be required to
successfully complete a current, MICRB-approved instructor training program.

G. Term of Certification.

(1) State emergency services instructor certificates are valid for a period of 3 years from
the date of approval by the MICRB.

(2) The sponsoring agency or employer, or both, shall determine what subject matter the
State emergency services instructor is qualified to teach.

H. Recertification Process. The following process is to ensure that instructors continue to use up-
to-date methods and information:

(1) Recertification shall be based on a 3-year cycle;

(2) The instructor shall teach a minimum of 60 hours during the 3-year period, or if a
training supervisor, teach a minimum of 3 hours;

(3) The instructor or training supervisor shall receive a satisfactory teaching evaluation
and no subsequent unsatisfactory evaluation from an approved MICRB evaluator during
the 3-year period; and

(4) The instructor or training supervisor shall successfully complete 12 hours of
professional development or continuing education in instructional methodology or
training safety. A maximum of 6 hours of approved professional development can be in
the area of training safety within the 3-year period.

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I. Procedure for Reentering after Failing to Recertify.

(1) The following procedures are required for an individual who fails to recertify and
wishes to reenter the teaching program within 3 years of the expiration of the individual's
certification:

(a) The candidate shall submit correspondence to the sponsoring agency asking to
reenter;

(b) As a minimum, the candidate shall have successfully completed all the
requirements as listed in §H(2)—(4) of this regulation within 3 years before the
date of the application for reentry and shall receive a satisfactory teaching
evaluation before the application may be submitted to the MICRB; and

(c) The sponsoring agency shall submit a recommendation with the application to
reenter, and the MICRB shall review the information submitted by the sponsoring
agency and take appropriate action.

(2) An individual who has a certification lapse in excess of 3 years is required to meet
initial certification requirements, beginning at the instructor training course.

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13B.03.01.04

.04 Certification Standard Instructor Trainer.

A. The candidate shall document instructional experience and formal education.

B. Educational Requirements.

(1) To become certified as an emergency service instructor trainer in Maryland, an
individual shall have completed:

(a) A baccalaureate or graduate degree in education or a related field from an
accredited college or university;

(b) A teaching internship; and

(c) 3 years experience as an instructor, which shall be documented as evidence of
competence.

(2) Within the degree, or in addition to the degree, courses that cover the following topics
are required:

(a) Methods of Teaching: using various teaching methodologies, such as
demonstration, illustrated lecture, discussion, discovery learning, and group
activities;

(b) Classroom Management: organizing the learning environment (inside
classroom, and outside, or drill ground); maintaining motivation, interest, and
discipline; attending to administrative detail, such as recordkeeping and
scheduling; demonstrating leadership skills;

(c) Instructional Media: developing, selecting, and using training aids (audio-
visuals, handouts and other printed materials, and equipment) appropriately;

(d) Speech and Communication: choosing, using, and defining terminology
correctly, speaking from notes and extemporaneously, assuring understanding of
explanations;

(e) Evaluation and Measurement: assigning scores and grades, using current
technology to determine measures of central tendency and statistical results,
interpreting results, revisions of exam questions as needed;

(f) Course Design and Lesson Planning: performing needs assessments and task
analyses; creating instructional objectives; creating session plans and teaching
materials that enable student learning;

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(g) Education Psychology and Learning Theories: identifying learning characteristics and
learning styles; adjusting instruction to meet the social, psychological, and physiological
needs of adult learners;

(h) Counseling and Guidance: counseling students first through informal steps
(discussion and suggestions for correcting the problem) and formal steps (explanation of
corrective steps and penalties or results for failure to comply accompanied by written
notification to the student, student's supervisor, and the class file);

(i) Research and Administration or Training Administration: planning course schedules,
instructor assignments, and faculty and equipment use, performing administrative tasks
including managing and maintaining program schedules, instructor assignments, and
records and reports, including course and student data, instructor support, and facility and
equipment use;

(j) Instructor Management: performing instructor management tasks such as identifying
instructor (personnel) needs, recruiting, selecting, and training or orienting, and
evaluating instructors; and

(k) Design of Evaluation Tools or Principles of Teaching and Evaluation: using various
written and skill testing instruments based on learning performance objectives.

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13B.03.01.05

.05 Certification.

A. Certification Criteria. A certificate for an individual approved as an instructor trainer is valid
for 3 years after the date of approval by the MICRB, if the candidate:

(1) Meets the requirements as specified;

(2) Has evidence of academic achievement to meet these requirements documented by an
official transcript from the college or university and has the institution send it to the
MICRB;

(3) Has at least two satisfactory evaluations by a certified instructor trainer or individual
designated by the MICRB before the evaluation; and

(4) Is recommended by the employing agency or agency having jurisdiction within the
State.

B. If the instructor trainer candidate is currently certified as a State emergency services instructor
at the time of the candidate's initial certification as an instructor trainer, the instructor trainer
certification will run concurrently with the State emergency services instructor certification.

C. To retain approval, an instructor trainer shall teach at least 60 hours in a 3-year certification
cycle, 30 of which shall be in instructor training, have at least one successful evaluation in the 3-
year certification period by an approved instructor trainer, and complete one of the following
requirements:

(1) Successfully complete a 3 credit-hour course in teacher education, or the equivalent of
3 credit hours on in-service professional development;

(2) Successfully complete 12 hours of continuing education in an approved professional
development seminar for instructors; or

(3) Research, develop, and teach a professional development seminar for instructors of at
least 3 hours in length.

D. An instructor trainer who does not meet currency requirements may reapply after satisfactory
completion of §C(1), (2), or (3) of this regulation and be recommended by the sponsoring
agency. The MICRB shall review the entire file and may require the applicant to complete other
certification requirements.

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13B.03.01.06

.06 Maryland Instructor Certification Review Board.

A. The Maryland Higher Education Commission, through the Maryland Fire-Rescue Education
and Training Commission, has established, under its authority, standards for certification of
emergency services instructors.

B. The process for issuing certificates under these standards is the responsibility of a Maryland
Instructor Certification Review Board (MICRB).

C. The MICRB is a unit within the University System of Maryland.

D. The MICRB consists of five members appointed, effective July 1, for a 2-year term by the
Chancellor of the University System of Maryland as follows:

(1) In even numbered years, one member recommended by the:

(a) Maryland Fire-Rescue Education and Training Commission, and

(b) Maryland Institute for Emergency Medical Services Systems;

(2) In odd numbered years, one member recommended by the:

(a) Maryland Council of Fire and Rescue Academies,

(b) Maryland Fire and Rescue Institute, and

(c) Maryland State Firemen's Association.

E. Members appointed to the MICRB shall serve until such time as a successor has been
appointed.

F. The Chancellor of the University System of Maryland shall designate the chairman from
among the appointees to the MICRB. The chairman shall serve at the pleasure of the Chancellor
of the University System of Maryland.

G. Each constituent organization shall also recommend an alternate representative to be
appointed by the Chancellor of the University System of Maryland to serve in the absence of the
regular member.

H. The MICRB, through the Chancellor of the University System of Maryland, shall report to the
MFRETC and the MHEC at least annually on the status of the instructor certification system.

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13B.03.01.07

.07 Maryland Instructor Certification Review Board Administration.

A. General administration of the MICRB is vested in the Chancellor of the University System of
Maryland.

B. The MICRB shall act within the provisions of the Maryland instructor certification standards
established for all State emergency services instructor, instructor evaluators, and instructor
trainer certification candidates.

C. Certificates shall bear the seal of the University System of Maryland and be signed by the
Chancellor, the chairman of the MICRB, and the chief officer of the agency or organization
proposing the certification.

D. The MICRB shall approve all evaluators. Sponsoring agencies may submit candidates for
consideration as evaluators. All evaluator candidates submitted by their sponsoring agency shall
have successfully completed a MICRB-approved evaluator workshop prior to their
recommendation and approval as an instructor evaluator.

E. The MICRB shall set the term of an evaluator.

F. The term of State emergency services instructors approved as evaluators shall be concurrent
with their State emergency service instructor certification.

G. An MICRB-approved instructor evaluator must administer at least one evaluation during the
appointment period as a condition of reappointment as an instructor evaluator. An instructor
evaluator not meeting this requirement must successfully complete an MICRB-approved
evaluator workshop prior to being recommended and approved for reappointment.

H. An instructor receiving initial certification as an MICRB-approved State emergency services
instructor may not be approved as an instructor evaluator. An instructor must complete at least
one certification cycle and successfully complete an MICRB-approved instructor evaluator
workshop before becoming eligible for recommendation and approval as an instructor evaluator.

I. The MICRB is the final authority in issuing, renewing, or revoking certificates.

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13B.03.01.08

.08 Maryland Instructor Certification Review Board Meetings.

A. The MICRB shall meet at least four times during the calendar year.
B. Representation from three of the organizations shall constitute a quorum.
C. In the absence of the chairman, another regular member shall act as chairman.
D. The MICRB shall prepare the minutes of all meetings.
E. The member representatives shall be the five individuals designated by the recommending
organizations.
F. The designated alternate shall vote only in the absence of a member.

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13B.03.01.09

.09 Maryland Instructor Certification Review Board Operations.

A. The MICRB shall maintain a current file of all MICRB certified instructors.

B. The MICRB shall maintain a roster of certified State emergency services instructors currently
approved by the MICRB as evaluators. The organizations represented on the MICRB may
recommend evaluators. The MICRB shall approve evaluators who have been recommended and
who have completed an MICRB endorsed evaluator workshop. Only MICRB approved
evaluators may carry out required evaluations of student teaching activities.

C. MICRB shall make available current lists of certified instructors, instructor trainers, and
approved evaluators upon written request.

D. An agency submitting applicants to the MICRB for certification as a State emergency services
instructor, evaluator, or instructor trainer shall certify that the candidate has successfully
completed each stage of the instructor-training approval process. The MICRB shall prepare and
furnish standardized forms.

E. The members, or alternates, in attendance at the MICRB meeting shall make certification
decisions by a majority vote. The MICRB shall notify the applicant and sponsoring agency of the
action within 30 calendar days following the meeting.

F. An instructor candidate denied State certification or recertification by the MICRB may appeal
the decision in writing. The candidate shall direct the appeal to the chairman of the MICRB
within 30 calendar days from receipt of notification of action taken by the MICRB. If counsel
represents the candidate, counsel shall advise the MICRB of the request for appeal.

G. The MICRB shall hear the appeal at the next scheduled meeting, but not less than 30 calendar
days, or more than 60 calendar days from the date of receipt of the appeal.

H. The MICRB shall notify the instructor candidate of the date of the appeal hearing. The
instructor candidate or counsel, or both, may attend the hearing.

I. The MICRB shall notify the instructor candidate within 30 calendar days following the
hearing, stating the final decision of the MICRB.

J. The MICRB shall oversee the standards, ethics, and conduct of the State instructor
certification process. The MICRB shall make recommendations to the MFRETC for
modifications as needed.

K. The Maryland Higher Education Commission shall approve the proposed amendments to the
process and these regulations.

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13B.03.01.10

.10 Maryland Instructor Certification Review Board Revocation Procedure.

A. The MICRB shall only consider written requests for revocation. Requests for revocation shall
be forwarded to the sponsoring agency for a response.

B. MICRB may consider but not limit revocation for:

(1) Misconduct;

(2) Insubordination;

(3) Incompetency;

(4) Misrepresentation;

(5) Willful neglect of duty;

(6) Conviction of a felony;

(7) Conviction of a crime involving moral turpitude; and

(8) Failure to maintain required prerequisites for certification.

C. MICRB shall make a preliminary decision to revoke certification by majority vote of the
MICRB members present at the specific meeting at which charges are presented.

D. Notice.

(1) Before revocation of certification, MICRB shall notify the State emergency services
instructor or instructor trainer in writing by registered or certified mail sent to his or her
address of record of the charges and of the preliminary revocation decision.

(2) The notice shall specify a date by which the State emergency services instructor or
instructor trainer shall request, in writing, an appeal hearing. This due date may not be
less than 30 calendar days from the date the MICRB mails the official notification.

(3) If an appeal hearing is not requested within the time permitted, the revocation
becomes effective on the due date.

E. Appeal Hearing.

(1) Written appeal shall be received by the chairman of the MICRB not later than the date
the revocation is to become effective.

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(2) MICRB may not schedule an appeal hearing less than 30 calendar days, or more than
60 calendar days, after the written appeal is received by the chairman.

(3) The MICRB shall provide the appellant written notice of the hearing date not less
than 15 calendar days in advance of the hearing.

(4) A quorum of the MICRB shall hear the individual, in person or by counsel. The
individual may bring witnesses to the hearing.

(5) A decision to revoke is by majority vote of the MICRB members present at the appeal
hearing.

(6) The MICRB shall provide to the appellant in writing the decision of the appeal
hearing within 30 calendar days of the hearing.

(7) The MICRB shall set the terms of revocation.

(8) The decision of the MICRB is final and shall be communicated to the individual and
the sponsoring agency.

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13B.03.01.11

.11 Maryland Instructor Certification Review Board Staffing.

A. The University System of Maryland Central Administration shall provide staff support to the
MICRB through the Maryland Fire and Rescue Institute, subject to the approved budget.

B. The MFRETC, the chief operating officers of the Maryland Fire and Rescue Institute and the
Maryland Institute for Emergency Medical Services Systems, the chairman of the Maryland
Council of Fire and Rescue Academies, and the president of the Maryland State Firemen's
Association may designate a representative as staff liaison to the MICRB in carrying out the
MICRB's staff responsibilities.

C. The University System of Maryland shall reimburse members of the MICRB for expenses
incurred in attending meetings. In its operating budget, the University System of Maryland shall
provide for other necessary expenses incurred for the operations of the MICRB.

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13B.03.01.12

.12 Review.

A. The agencies and organizations represented on the MICRB shall review these regulations and
certification authority every 2 years.

B. MICRB shall submit proposed changes to these regulations in accordance with the
Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland,
and through the Board of Regents of the University System of Maryland and the Maryland
Higher Education Commission.

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13B.03.01.13

.13 Local Emergency Service Instructor Standards.

A. The instructor candidate shall meet the requirements of NFPA 1041: Standard for Fire Service
Instructor Professional Qualifications 2007 Edition, or those of recognized instructor training
agencies or educational institutions that have similar programs as approved by the MICRB.

B. The instructor candidate shall demonstrate knowledge and skills based on the general
categories of NFPA 1041 Fire Service Instructor Professional Qualifications, and the requisite
knowledge and skills of each section.

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13B.03.01.14

.14 State Emergency Services Instructor Standards.

A. General.

(1) The instructor candidate shall meet the requirements of NFPA 1041 Fire Service
Instructor Professional Qualifications, or those of recognized instructor training agencies
or educational institutions that have similar requirements.

(2) The instructor candidate shall demonstrate knowledge and skills based on the general
categories of NFPA 1041 Fire Service Instructor Professional Qualifications, and the
requisite knowledge and skills of each of the following subject areas:

(a) Instructional planning;

(b) Instructional materials/aids;

(c) Evaluation and testing;

(d) Concepts of learning;

(e) References; and

(f) Training records and reports.

B. Instructional Planning.

(1) The instructor shall define task and job analysis and describe the procedures for
performing task and job analysis.

(2) The instructor shall demonstrate the ability to develop specific, measurable, attainable
behavioral objectives or performance objectives that have three major components:

(a) What behavior is expected and what the student will be able to do;

(b) How the behavior is to be accomplished and the conditions under which the
performance will be evaluated; and

(c) To what standard the behavior is to be accomplished and how well the student
will be able to perform.

(3) The instructor shall construct an analysis of a typical emergency services occupation
by dividing the occupation into the following elements:

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(a) Block;
(b) Unit;
(c) Task; and
(d) Job.
C. Instructional Development. Given an emergency services subject for which no prepared
lesson plan exists, the instructor shall analyze the subject, determine the appropriate objectives
for the subject, and develop a comprehensive lesson plan which meets the objectives for that
subject and includes the following components:
(1) Job title or topic;
(2) Level of instruction;
(3) Objectives (behavioral or performance);
(4) Materials needed;
(5) References;
(6) Preparation step;
(7) Presentation;
(8) Application step;
(9) Lesson summary;
(10) Evaluation step; and
(11) Assignments.
D. Instructional Methods/Techniques. The instructor shall explain when each of the following
methods of instruction should be used and describe the relative values of each method:
(1) Conference;
(2) Discussion;
(3) Demonstration;
(4) Illustration;
(5) Lecture;

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(6) Group discussion;
(7) Computer-aided instruction;
(8) Simulation; and
(9) Individualized instruction.
E. Instructional Materials/Aids.
(1) The instructor shall prepare instructional materials appropriate for the instructor's
discipline.

(2) The instructor shall prepare, for developmental purposes, a comprehensive course
outline that includes the following components:

(a) Determination of the needs of students to be enrolled in the course;
(b) Course objectives;
(c) Identification of the jobs to be taught;
(d) Organization of the jobs in a logical teaching sequence; and
(e) Establishment of a tentative teaching time for each job and the entire course.

(3) After analyzing organizational needs and programs, the instructor shall prepare or
select instructional materials appropriate for the instructor's discipline.
F. Evaluation and Testing.
(1) The instructor shall construct written questions, oral questions, and performance tests
based on the behavioral objectives or performance objectives of the lesson.
(2) The instructor shall construct a written and oral examination, and a performance test,
all of which meet the following requirements:

(a) Comprehensive;

(b) Effective;
(c) Free from ambiguities in content, administration, and grading;
(d) Nondiscriminatory;
(e) Reliable; and

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(f) Valid.
(3) The instructor shall construct a test analysis and an item analysis that provide
information regarding examination effectiveness and validity.
(4) The instructor shall define the following terms and describe their implications in
determining examination effectiveness:

(a) Criterion reference testing;
(b) Norm reference testing;
(c) Distribution of scores;
(d) Frequency of scores;
(e) Interval;
(f) Mean;
(g) Median;
(h) Percentage scores;
(i) Percentile scores;
(j) Range of scores;
(k) Standard deviation;
(l) Computer-based testing; and
(m) Computer-adapted testing.
(5) Given a summary of test grades and the results of other evaluation procedures, the
instructor shall:
(a) Determine causes of a student's failure to meet objectives;
(b) Prepare reports for superiors that summarize deficiencies; and
(c) Make recommendations for corrective action that will reduce future failures.
(6) The instructor shall describe the requirements of the equal employment opportunity
act, including guidelines and affirmative action efforts for employee selection and testing.

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G. Concepts of Learning. The instructor shall describe how the following factors influence the
teaching/learning process:

(1) Instructional materials;

(2) The teaching/learning setting;

(3) Competency-based learning.

H. References. The instructor shall identify sources of references required for the development of
an emergency services lesson plan.

I. Training Records and Reports. The instructor shall construct suitable training records and
reports.

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Title 13B MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 04 RULES OF PROCEDURE

Chapter 01
Hearings

Authority: Education Article, Title 11, Subtitle 2; State Government Article, Title 10, Subtitle 2;
Annotated Code of Maryland

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13B.04.01.01

.01 Scope.

A. This chapter applies to contested case hearings before the Maryland Higher Education
Commission.

B. Hearings before an administrative law judge of the Office of Administrative Hearings shall be
conducted in accordance with the rules of procedure of the Office of Administrative Hearings in
COMAR 28.02.01, and this chapter. To the extent that this chapter conflicts with COMAR
28.02.01, this chapter prevails.

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13B.04.01.01

.01 Scope.

A. This chapter applies to contested case hearings before the Maryland Higher Education
Commission.

B. Hearings before an administrative law judge of the Office of Administrative Hearings shall be
conducted in accordance with the rules of procedure of the Office of Administrative Hearings in
COMAR 28.02.01, and this chapter. To the extent that this chapter conflicts with COMAR
28.02.01, this chapter prevails.

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13B.04.01.02

.02 Definitions.

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

B. Terms Defined.

(1) "Administrative law judge" has the meaning stated in COMAR 28.02.01.02.

(2) "Authorized representative" means an attorney or, when permitted by applicable law,
an individual designated by a party to represent the party.

(3) "Commission" means the Maryland Higher Education Commission.

(4) "Hearing" or "proceeding" means a contested case hearing as defined by the
Administrative Procedure Act in State Government Article, §10-202(d), Annotated Code
of Maryland.

(5) Institution of Postsecondary Education or Institution.

(a) "Institution of postsecondary education" or "institution" means a school or
other institution that offers an educational program in the State for individuals
who are 16 years old or older and who have graduated from or left elementary or
secondary school.

(b) "Institution of postsecondary education" or "institution" does not include a
program conducted by a public school system of the State or program subject to
approval by the Apprenticeship and Training Council.

(6) "Party" means an individual, person, or agency, including the Secretary, named or
admitted to participate in a hearing before the Secretary or the Commission.

(7) "Person" means an individual, general or limited partnership, joint stock company,
unincorporated association or society, corporation, or other entity, including a public
company, or an agency or instrumentality of federal, State, or local government.

(8) "Secretary" means the Secretary of Higher Education or a designee of the Secretary.

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13B.04.01.03

.03 Notice of the Right to a Hearing.

A. If there is a statutory right to appeal an action of the Secretary or the Commission, the
Secretary or the Commission, as appropriate, shall provide notice of that action in accordance
with this regulation.

B. The notice shall include:

(1) A statement of the factual basis for the action;

(2) A reference to the statutory or regulatory provision under which the action is being
taken;

(3) A statement of the right to a hearing upon request;

(4) The authority of the Secretary or the Commission to hold the hearing;

(5) A statement of the time period within which a hearing shall be requested;

(6) A statement of the specific action a person is required to take in order to timely
request a hearing; and

(7) A statement that unless a hearing is requested the intended action of the Secretary or
the Commission shall become final and binding on all parties.

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13B.04.01.04

.04 Request for a Hearing.

A. A written request for a hearing shall be filed:

(1) Within the time period specified by relevant statute or regulation; or

(2) If no time period is otherwise specified, not later than 30 days from the date of the
notice of the contested action.

B. A request for a hearing is considered filed on the earlier of the date the request is postmarked
or when actually received by the Secretary or the Commission, as appropriate.

C. The request shall include the following:

(1) The name, mailing address, and telephone number of the person filing the request and
the person's authorized representative, if any;

(2) The action, sanction, decision, or order being appealed; and

(3) A brief statement of the basis for the request for appeal and other information
required by law.

D. Incomplete Request.

(1) If a hearing request is received without the necessary information, or is otherwise
improper, the Secretary or the Commission, as appropriate, may return the request,
require submission of supplemental information, or require a revised request.

(2) The Secretary or the Commission, as appropriate, may consider a request lacking all
necessary information, or that is otherwise improper, as not properly filed and deny the
request for a hearing.

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13B.04.01.05

.05 Notice of Hearing.

A. The Secretary or the Commission, as appropriate, shall serve written notice of the hearing on
the parties.

B. The hearing notice shall contain:

(1) The date, time, place, and nature of the hearing;

(2) The legal authority and jurisdiction under which the hearing is to be held, including
citation to any statute or regulation that is pertinent;

(3) The nature and subject matter of the hearing;

(4) A statement of the right to present witnesses and documents;

(5) A statement that a copy of the hearing procedures is available upon request;

(6) A statement of any right or restrictions pertaining to representation;

(7) The name, mailing address, and telephone number of each party to whom the notice is
sent;

(8) The name, title, address, and telephone number of any attorney or Commission
employee who has been designated to represent the agency at the hearing;

(9) A statement that failure to appear for the scheduled hearing may result in an adverse
action against that party; and

(10) A statement that parties may agree to the evidence and may waive their right to
appear at the hearing.

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13B.04.01.06

.06 Expedited Hearings.

A. A party may serve on the Secretary or the Commission, as appropriate, and on all parties, a
request for an expedited hearing.

B. The request for an expedited hearing shall set forth the reason for the request.

C. A request for an expedited hearing shall waive applicable notice requirements.

D. The Secretary or the Commission, as appropriate, shall rule on a request for an expedited
hearing within 3 working days after receipt of the request.

E. A decision granting an expedited hearing shall establish precise time frames for the conduct
and completion of the hearing, and for issuance of the final decision.

F. If the Secretary, in accordance with Education Article, §11-107 or 11-204, Annotated Code of
Maryland, obtains an injunction or other judicial remedy against a party before the issuance of a
final decision, the Commission shall schedule the hearing within 2 weeks of the court's order,
unless a party can show good cause why the hearing should be delayed.

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13B.04.01.07

.07 Time and Place For Hearings.

A. A hearing shall be conducted at a site designated by the Secretary or the Commission, as
appropriate.

B. A hearing shall be held:

(1) Within the time period specified by relevant statute or regulation; or

(2) If no time period is otherwise specified, not later than 90 days from the date the notice
of the request for a hearing is received.

C. If all parties agree, the hearing may be held on a date other than that provided by this
regulation.

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13B.04.01.08

.08 Conduct of Hearings and Sanctions.

A. The Commission may, at its discretion, appoint less than a quorum of Commission members
to preside at the hearing and prepare proposed findings of fact and conclusions of law. The
proposed findings of fact and conclusions of law shall be presented to the Commission with a
quorum of members present. At that meeting and any adjournment of that meeting, the proposed
findings of fact and conclusions of law shall be considered and voted upon. The findings of fact
and conclusions of law adopted by a majority of the members present shall serve as the basis for
the Commission's final decision as provided in Regulation .29 of this chapter.

B. If the Commission elects not to appoint less than a quorum of Commission members to
preside at the hearing, the hearing shall be conducted before the Commission and not less than a
quorum of the Commission shall be present at all times during the hearing.

C. The Secretary or the Commission, whichever is presiding at a hearing, may:

(1) Make decisions and take any appropriate actions authorized by law;

(2) Hold prehearing conferences and require the parties to submit and exchange relevant
and necessary documents and information before the beginning of the hearing;

(3) Conduct a full, fair, and impartial hearing;

(4) Regulate the course of the hearing and take action to avoid unnecessary delay in the
disposition of the proceedings;

(5) Define the scope of the issues;

(6) Limit the time for presentations, limit unduly repetitious testimony, and otherwise
establish appropriate schedules, dates, timetables, and deadlines;

(7) Maintain order and regulate the conduct of the witnesses and the parties and their
authorized representatives, including but not limited to removing from a hearing those
whose conduct impedes the orderly progress of the hearing;

(8) Administer oaths and affirmations;

(9) Rule on offers of proof and receive relevant and material evidence;

(10) Admit evidence and rule on the admissibility of evidence;

(11) Rule on motions;

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(12) Examine and call witnesses;

(13) Grant a continuance for good cause shown;

(14) Require parties to submit legal memoranda, proposed findings of fact, and
conclusions of law; and

(15) Impose appropriate sanctions for failure to abide by these regulations or any order of
the Secretary or the Commission, including but not limited to:

(a) Limiting the issues to be heard,

(b) Limiting the introduction of documentary and testimonial evidence,

(c) Dismissing all or any part of a contested case, or

(d) Entering an order on the merits against any party.

D. The Secretary or the Commission, whichever is presiding at a hearing, may modify or waive
any time periods established by this chapter. Any modifications or waivers which would result in
beginning the hearing after the date required by law shall be with the consent of all parties.

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13B.04.01.09

.09 Parties; Representation.

A. The parties shall consist of:

(1) The institution of postsecondary education or the individual requesting the hearing;

(2) A person entitled as of right to participate as a party;

(3) A person who applies for and is granted leave to participate as a party upon a
satisfactory showing of interest in the matter, including a person admitted as a party for a
limited purpose; and

(4) The Secretary.

B. Representation.

(1) An individual may represent himself or herself.

(2) A person other than an individual shall be represented by an attorney authorized to
practice law in Maryland.

(3) Authorized representatives shall enter an appearance with the Secretary or the
Commission, as appropriate, and shall be copied on all notices, pleadings, and other
correspondence.

(4) Unless an appearance is withdrawn in writing, all notices, pleadings, and other
correspondence required to be sent to a party shall be sent to the party's representative of
record.

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13B.04.01.10

.10 Discovery.

A. Not later than 20 days before the scheduled hearing, each party shall provide all other parties
with a list of all witnesses, including expert witnesses, who are expected to testify for that party
at the hearing.

B. With respect to any matter which is relevant to the subject matter of the hearing and which is
not privileged, a party, by written request served upon all other parties and filed with the
Secretary or the Commission, as appropriate, not later than 20 days before the scheduled hearing,
may require any other party to:

(1) Produce within 15 days, for inspection or copying, any file, memorandum,
correspondence, document, expert report, object, or tangible thing; and

(2) Respond to not more than 15 interrogatories, which will be counted separately
irrespective of the manner in which they are grouped, combined, or arranged.

C. Stipulations. Unless the Secretary or the Commission, as appropriate, orders otherwise, the
parties by written stipulation may modify the discovery procedures provided by this chapter,
except that the parties may not modify any discovery procedure if the effect of the modification
would be to impair or delay a prehearing conference, any order specifying the time for filing a
motion or other paper, or the hearing.

D. Sanctions.

(1) The Secretary or Commission, as appropriate, may impose sanctions against any party
for failing to:

(a) Provide all other parties with a list of all witnesses, including expert witnesses;
and

(b) Fully comply with a discovery request.

(2) The sanctions may include, but are not limited to:

(a) Refusing to admit the testimony of a witness who was not disclosed as
required by this chapter;

(b) Refusing to admit a report prepared by an expert;

(c) Refusing the failing party the ability to support or oppose designated claims,
defenses, or matters by introducing any documentary or testimonial evidence that
was not disclosed pursuant to a discovery request; and

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