Md. Code Regs. 36.07.04.10

Current through Register Vol. 51, No. 24, December 2, 2024

Section 36.07.04.10 - Surveillance Operating Procedures

A. A facility operator shall submit to the Commission for review and written approval its surveillance operating procedures.

B. A facility operator's surveillance operating procedures shall, at a minimum, require:

(1) Coverage of all areas and transactions enumerated in Regulation .09;

(2) Contingency plans addressing:

(a) Full and partial failure of the surveillance system including:

(i) A contact list with telephone numbers for individuals required to be notified in the event of a failure; and

(ii) Facility closure protocols; and

(b) Planned shutdown of the surveillance system;

(3) A surveillance incident log:

(a) Maintained in:

(i) A book with bound numbered pages that cannot be readily removed; or

(ii) An electronic format equipped with software that prevents modification of an entry after it has been initially entered into the system; and

(b) Documenting the scheduled coverage in §B(1) of this regulation and all other non-routine surveillance activity, such as:

(i) The date and time surveillance is commenced;

(ii) The name of the individual initiating, performing, or supervising the surveillance;

(iii) The reason for the surveillance;

(iv) Whether the suspicious activity involves an alleged regulatory violation or criminal activity;

(v) The name, if known, alias or description of an individual being monitored;

(vi) A description of the activity in which the individual being monitored is engaged;

(vii) A reading on a meter, counter or device that identifies the point on the video recording at which the event was recorded;

(viii) The time at which a video recording is commenced and terminated, if different than when surveillance is commenced or terminated;

(ix) The date and time surveillance is terminated;

(x) A summary of the results of the surveillance; and

(xi) A description of the time, date and cause of any equipment or camera malfunction which occurred during the conduct of surveillance;

C. A facility operator may not implement a change or amendment in its surveillance system or surveillance operating procedures approved by the Commission without the prior written approval of the Commission.

Md. Code Regs. 36.07.04.10

Regulations .10 adopted as an emergency provision effective 40:20 Md. R. 1650, eff.8/26/2013 ; adopted permanently effective December 12, 2013 40:24 Md. R. 2019, eff.8/26/2013