Md. Code Regs. 33.09.07.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 33.09.07.07 - Required Decertification

A. Notice of Deficiency. If, at any time, the State Administrator determines that a voting system fails to meet one or more of the standards in Election Law Article, § 9-102(d)(1)(i) -(iii), Annotated Code of Maryland, the State Administrator shall notify all local boards and all known vendors of that particular system that, unless the deficiency is promptly corrected, the system will be referred to the State Board to have its certification for future sale and use in Maryland rescinded.

B. Contents of Notice. The notice shall:

(1) Describe the deficiency; and

(2) Provide system vendors and local boards using the system a reasonable opportunity to respond and implement steps to correct the deficiency.

C. Referral, Notice, and Hearing.

(1) If the deficiency remains uncorrected, the State Administrator shall refer the matter to the State Board.

(2) On receipt of the referral, the State Board shall schedule a public hearing and provide notice to known interested parties.

(3) At the hearing, any interested party may submit testimony or documentation in support of or in opposition to the proposed decertification.

D. Board Decision. If the Board determines that the voting system fails to meet one or more of the standards in Election Law Article, § 9-102(d)(1)(i) -(iii), Annotated Code of Maryland, the Board shall decertify the system from all future sale and all future use in this State.

Md. Code Regs. 33.09.07.07

Regulations .01 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 636); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)
Regulation .07A, D amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1484); amended permanently effective September 22, 2008 (35:19 Md. R. 1718)