Md. Code, Land Use § 3-106 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

(a) Considering available data provided by the Department of the Environment, the water resources element shall identify:

(1) drinking water and other water resources that will be adequate for the needs of existing and future development proposed in the land use element of the plan; and

(2) suitable receiving waters and land areas to meet stormwater management and wastewater treatment and disposal needs of existing and future development proposed in the land use element of the plan.

(b) The Department of the Environment shall:

(1) provide, on request of a local jurisdiction, technical assistance on the development of the water resources element; and

(2) review the water resources element to determine whether the proposed plan is consistent with the programs and goals of the Department reflected in the general water resources program required under § 5–203 of the Environment Article.
Md. Code, Business Occupations and Professions § 3-103 — MD Code / Article gbo / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) Except as otherwise provided in this section, all architectural documents prepared in connection with the addition, alteration, construction, or design of a building, an integral part of a building, or a group of buildings which are intended for public use or residential use shall be signed, sealed, and dated by a licensed architect in accordance with § 3-501 of this title.

(b) A licensed architect may perform design coordination for a project or portion of a project provided that the licensed architect:

(1) holds a current license issued by the Board; and

(2) has adequate experience in, and understanding of, achieving the purpose of the project or portion of the project being coordinated.

(c) This title does not limit the right of:

(1) a construction contractor to administer construction contracts;

(2) a developer, builder, or contractor to provide design services related to the developer’s, builder’s, or contractor’s own construction of new or existing single-family or two-family dwellings, or structures ancillary to them, or farm buildings;

(3) a certified interior designer or other individual to provide interior design services as that term is defined in Title 8 of this article; or

(4) an individual to prepare plans, drawings, and other documents in connection with the addition, alteration, construction, design, or repair of a single-family dwelling and appurtenances that are for the personal use of that individual or a member of the immediate family of that individual.

(d) (1) A person may not be required to employ a licensed architect in connection with the alteration or repair of an existing building or structure in a municipal corporation if the alteration or repair:

(i) does not adversely affect the structural system of the building, including foundations, footings, walls, floors, roofs, bearing partitions, beams, columns, joists, or the mechanical, electrical, or plumbing systems; and

(ii) 1. complies with the Maryland Rehabilitation Code and does not exceed $25,000 in estimated costs, including labor and materials for alterations or repairs limited to:

A. minor interior alterations or cosmetic or similar repairs; and

B. fixtures, cabinetwork or furniture; or

2. does not exceed $10,000 in estimated costs, including labor and materials, for alterations or repairs limited to:

A. Storefronts, facades, or similar replacements;

B. exterior stairways, landings, decks, or ramps;

C. joists; or

D. a mechanical, electrical, or plumbing system.

(2) Any work performed under this subsection shall be in compliance with the Americans with Disabilities Act and the Maryland Building Performance Standards set forth in Title 12, Subtitle 5 of the Public Safety Article.

(3) The exclusion provided for in this subsection shall be used only once per building or structure in a 12–month period.

(4) A building permit issued under this subsection:

(i) shall contain an affidavit signed by the person who has submitted the permit stating that the repair or alteration is in compliance with this subsection; and

(ii) may not be amended or revised in any way to cause the alteration or repair to exceed the maximum amount in total costs authorized under paragraph (1) of this subsection, including labor and materials.

(5) Any building permit issued under this subsection that contains technical submissions that fail to conform to the requirements of this subsection shall be invalid.

(e) Notwithstanding the provisions of subsection (d) of this section, a code official may require that architectural documents for alterations or repairs of existing buildings or structures be signed and sealed by a licensed architect if the code official determines that the signature and seal of a licensed architect is necessary to provide conformity with the Maryland Building Performance Standards or to otherwise provide for the health and safety of the public.
Md. Code, Estates and Trusts § 3-410 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-410
§3–410.
Status: reserved

(a) This section does not apply if payment of the elective share of a surviving spouse is otherwise provided for in:

(1) (i) The decedent’s will; or

(ii) The instrument governing any trust of which the decedent was the settlor; or

(2) A written agreement between the persons responsible for paying the elective share that is approved by the court.

(b) (1) Subject to paragraph (2) of this subsection, the elective share of a surviving spouse shall be paid:

(i) From the portion of the decedent’s probate estate that is included in the estate subject to election and does not constitute any part of the spousal benefits;

(ii) To the extent the elective share is not fully paid as provided in item (i) of this paragraph:

1. From the portion of any revocable trust of the decedent that is included in the estate subject to election and does not constitute any part of the spousal benefits; and

2. If there is more than one revocable trust of the decedent that is included in the estate subject to election, by apportionment among the trusts in proportion to the value of the assets of each revocable trust that are available to satisfy the elective share; and

(iii) To the extent the elective share is not fully paid as provided in items (i) and (ii) of this paragraph, by the recipients of any other portions of the estate subject to election that do not constitute any part of the spousal benefits, prorated among the recipients in proportion to the value of the assets received by each recipient.

(2) If any payment required by this subsection is preempted by federal law or is to be made from either a trust established under § 1917(c)(2)(B)(iii), (c)(2)(B)(iv), (d)(4)(A), or (d)(4)(C) of the Social Security Act, an account established under § 529A of the Internal Revenue Code, or a special needs trust for the benefit of an individual who is disabled as defined in § 1614(a)(3) of the Social Security Act, the portion of the elective share payable under this subsection shall be apportioned among those recipients whose benefits are not preempted under federal law or who are not beneficiaries of those trusts or accounts.

(c) Unless the surviving spouse and the payor agree otherwise in writing, each person required to pay a portion of the elective share under this section shall make payment:

(1) In a manner that is deemed to be in accordance with the terms and purposes of any instrument governing the disposition of the portion of the estate subject to election from which the portion of the elective share is to be paid; and

(2) (i) In cash;

(ii) With a prorated share of each item of property from which that portion of the elective share can be paid; or

(iii) With other property acceptable to the surviving spouse, in an amount equal to the fair market value of that portion of the elective share to be paid by the payor.

(d) A payor or any other third party, other than the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, is not liable for having made a payment or transferred an item of property, or any other benefit from which the elective share might be paid, to a beneficiary designated in a governing instrument or beneficiary designation if the payment or transfer is made:

(1) In good faith reliance on the validity of the governing instrument or beneficiary designation on request and satisfactory proof of the death of the decedent; and

(2) Before the payor or other third party receives written notice of the election by the surviving spouse to receive the elective share under this subtitle.
Md. Code, Natural Resources § 3-301 — MD Code / Article gnr / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) In this subtitle the following words have the meanings indicated.

(b) “Fund” means Environmental Trust Fund.

(c) “Generator lead route” and “route” means a transmission line from a generation site to the first substation or substations connecting the line to the grid.

(d) “Program” means a continuing research program for electric power plant site evaluation and related environmental land use considerations.

(e) “Secretary” means Secretary of Natural Resources.
Md. Code, Health Occupations § 3-316.1 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-316.1
§3–316.
Status: in_force

§3–316.1.

(a) An action may be maintained in the name of this State or the Board to enjoin:

(1) The unauthorized practice of chiropractic; or

(2) Conduct that is a ground for disciplinary action under § 3–313 of this subtitle.

(b) An action under this section may be brought by:

(1) The Board, in its own name;

(2) The Attorney General, in the name of this State; or

(3) A State’s Attorney, in the name of this State.

(c) An action under this section shall be brought in the county where the defendant:

(1) Resides; or

(2) Engages in the acts sought to be enjoined.

(d) (1) Except as provided in paragraph (2) of this subsection, an action under this section may not be brought against an individual who is authorized to practice a health occupation under this article.

(2) An action under this section may be brought against an individual who is authorized to practice chiropractic under this title.

(e) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.

(f) An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of chiropractic under § 3–501 of this title or disciplinary action under § 3–313 of this subtitle.
Md. Code, Criminal Procedure § 3-112 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-112
§3–112.
Status: in_force

(a) (1) In this section, “designated health care facility” means:

(i) a State facility as defined in § 10–101 of the Health – General Article;

(ii) a State forensic residential center; or

(iii) a hospital or private residential facility under contract with the Health Department to house and treat individuals found to be incompetent to stand trial or not criminally responsible.

(2) “Designated health care facility” does not include a correctional or detention facility or a unit within a correctional or detention facility.

(b) Except as provided in subsection (f) of this section, after a verdict of not criminally responsible, the court shall order the defendant committed to the facility that the Health Department designates for institutional inpatient care or treatment.

(c) If the court commits a defendant who was found not criminally responsible primarily because of a mental disorder, the court may order the Health Department, as soon as possible after the defendant’s admission, but not to exceed 48 hours, to:

(1) evaluate the defendant;

(2) develop a prompt plan of treatment for the defendant under § 10–706 of the Health – General Article; and

(3) evaluate whether there is a substantial likelihood that, without immediate treatment, including medication, the defendant will remain a danger to self or the person or property of another.

(d) If the court commits a defendant who was found not criminally responsible primarily because of an intellectual disability, the Health Department shall designate a facility for individuals with an intellectual disability for care and treatment of the committed person.

(e) If the court commits a defendant to the Health Department under subsection (b) or (d) of this section, the Health Department shall:

(1) admit the defendant to a designated health care facility as soon as possible, but not later than 10 business days after the Health Department receives the order of commitment; and

(2) notify the court of the date on which the defendant was admitted to the designated health care facility.

(f) If the Health Department fails to admit a defendant to a designated health care facility within the time period specified in subsection (e)(1) of this section, the court may impose any sanction reasonably designed to compel compliance, including requiring the Health Department to reimburse a detention facility for expenses and costs incurred in retaining the defendant beyond the time period specified in subsection (e)(1) of this section at the daily rate specified in § 9–402(b) of the Correctional Services Article.

(g) After a verdict of not criminally responsible, a court may order that a person be released, with or without conditions, instead of committed to the Health Department, but only if:

(1) the court has available an evaluation report within 90 days preceding the verdict made by an evaluating facility designated by the Health Department;

(2) the report indicates that the person would not be a danger, as a result of a mental disorder or an intellectual disability, to self or to the person or property of others if released, with or without conditions; and

(3) the person and the State’s Attorney agree to the release and to any conditions for release that the court imposes.

(h) The court shall notify the Criminal Justice Information System Central Repository of each person it orders committed under this section.
Md. Code, State Finance and Procurement § 3-608 — MD Code / Article gsf / Title 3 / Subtitle 6 / Section 3-608
§3–608.
Status: in_force

(a) In the annual budget the Governor shall provide a sum sufficient to establish a Revolving Preliminary Planning Fund under the jurisdiction of the Board of Public Works.

(b) On the recommendation of the Department, the Board of Public Works may authorize money to be advanced from the Revolving Preliminary Planning Fund for preliminary plans, studies, designs, and outline specifications for any project that is part of the capital improvement program.

(c) Any money advanced from the Revolving Preliminary Planning Fund shall be reimbursed to the Fund:

(1) from general funds; or

(2) with the approval of the Board of Public Works, from:

(i) the annual general construction loan; or

(ii) any other special loan funds separately authorized by the General Assembly.
Md. Code, Natural Resources § 3-2A-08 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-08
§3–2A–08.
Status: in_force

(a) A land trust may, with the approval of the Trust, subsequently sell or transfer the acquired property to a third party.

(b) As a condition of the grant, the Trust may require the dedication of a conservation easement on or reversionary interest in the property in favor of the Trust.

(c) (1) Grants awarded to land trusts under this subtitle may be fully or partially reimbursed to the Land Trust Grant Fund under the general conditions set forth in paragraph (2) of this subsection, to be further specified by the Trust in the grant conditions.

(2) When land or an interest in land is acquired by the land trust with a grant under this subtitle, on resale of the property a proportion of the money from the resale shall be repaid to the Land Trust Grant Fund as may be provided in the grant conditions.
Md. Code, Public Utilities § 3-207 — MD Code / Article gpu / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) (1) (i) By stipulation of all parties to a proceeding for review under § 3-202 of this subtitle, the court may shorten the record to be transmitted to the court.

(ii) If the court determines that a party’s refusal to stipulate to limit the record is unreasonable, the court may assess the additional costs against the refusing party.

(2) The court may require or allow corrections of the record before the Commission or the certification of additional parts of the record as the court considers appropriate.

(b) Notwithstanding any other provision of law or rule of court to the contrary, a transcript need not be filed until after the expiration of the period of time for the filing of an answer.
Md. Code, Environment § 3-102 — MD Code / Article gen / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

The General Assembly finds:

(1) That the people of this State have a right to an environment that is free from any noise that:

(i) May jeopardize their health, general welfare, or property; or

(ii) Degrades the quality of their lives; and

(2) That there is a substantial body of knowledge about the adverse effects of excessive noise on the public health, the general welfare, and property, and that this knowledge should be used to develop environmental noise standards that will protect the public health, the general welfare, and property with an adequate margin of safety.
Md. Code, Criminal Procedure § 3-115 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-115
§3–115.
Status: in_force

(a) Within 50 days after commitment to the Health Department under § 3-112 of this title, a hearing officer of the Health Department shall hold a hearing to consider any relevant information that will enable the hearing officer to make recommendations to the court as to whether the committed person is eligible for release under § 3-114 of this title.

(b) (1) The release hearing may be postponed for good cause or by agreement of the committed person and the Health Department.

(2) The committed person may waive the release hearing.

(c) (1) Unless the Health Department has completed an examination and report during the 90 days preceding the release hearing, at least 7 days before the release hearing is scheduled, the Health Department shall complete an examination and evaluation of the committed person.

(2) Whether or not the release hearing is waived, the Health Department shall send a copy of the evaluation report:

(i) to the committed person;

(ii) to counsel for the committed person;

(iii) to the State’s Attorney; and

(iv) to the Office of Administrative Hearings.

(d) (1) The Health Department shall send notice of the release hearing to:

(i) the committed person;

(ii) counsel for the committed person; and

(iii) the State’s Attorney.

(2) The Office shall issue any appropriate subpoena for any person or evidence. The court may compel obedience to the subpoena.

(e) (1) Formal rules of evidence do not apply to the release hearing, and the Office may admit and consider any relevant evidence.

(2) The hearing shall be recorded, but the recording need not be transcribed unless requested. The requesting party shall pay the costs of the transcript and, if exceptions have been filed, provide copies to other parties and the court. If the court orders a transcript, the court shall pay the costs of the transcript.

(3) Any record that relates to evaluation or treatment of the committed person by this State shall be made available, on request, to the committed person or counsel for the committed person.

(4) The Health Department shall present the evaluation report on the committed person and any other relevant evidence.

(5) At the release hearing, the committed person is entitled:

(i) to be present, to offer evidence, and to cross-examine adverse witnesses; and

(ii) to be represented by counsel, including, if the committed person is indigent, the Public Defender or a designee of the Public Defender.

(6) At the release hearing, the State’s Attorney and the Health Department are entitled to be present, to offer evidence, and to cross-examine witnesses.
Md. Code, Education § 3-202 — MD Code / Article ged / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

The county board from time to time shall elect a president and vice president from among its elected members.
Md. Code, Criminal Law § 3-903 — MD Code / Article gcr / Title 3 / Subtitle 9 / Section 3-903
§3–903.
Status: in_force

(a) In this section, “camera” includes any electronic device that can be used surreptitiously to observe an individual.

(b) This section does not apply to:

(1) an adult resident of the private residence where a camera is placed;

(2) a person who places or procures another to place a camera on real property without the intent to conduct deliberate surreptitious observation of an individual inside the private residence;

(3) a person who has obtained the consent of an adult resident, or the adult resident’s legal guardian, to place a camera on real property to conduct deliberate surreptitious observation of an individual inside the private residence;

(4) any otherwise lawful observation with a camera conducted by a law enforcement officer while performing official duties;

(5) filming conducted by a person by or for the print or broadcast media through use of a camera that is not secreted from view;

(6) any part of a private residence used for business purposes, including any part of a private residence used as a family child care home for the care and custody of a child;

(7) filming of a private residence by a person through use of a camera that is not located on the real property where the private residence is located; or

(8) any otherwise lawful observation with a camera of the common area of multiunit family dwellings by a person that holds a license under Title 13 or Title 19 of the Business Occupations and Professions Article, acting within the scope of the person’s occupation.

(c) A person may not place or procure another to place a camera on real property where a private residence is located to conduct deliberate surreptitious observation of an individual inside the private residence.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

(e) Subject to subsection (b)(1) of this section, it is not a defense to a prosecution under this section that the defendant owns the private residence.

(f) A good faith reliance on a court order is a complete defense to a civil or criminal action brought under this section.

(g) (1) An individual who was observed through the use of a camera in violation of this section has a civil cause of action against any person who placed or procured another to place the camera on the real property.

(2) In an action under this subsection, the court may award damages and reasonable attorney’s fees.

(h) This section does not affect any legal or equitable right or remedy otherwise provided by law.
Md. Code, Financial Institutions § 3-102 — MD Code / Article gfi / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

Every trust company has the powers granted by, and is subject to, the provisions of this article that relate to trust companies. However, except as provided in § 3-209(b) of this title as to the establishment of branches, the provisions of this article do not repeal, modify, or affect any special right, privilege, or power given by charter to a trust company that was organized and doing business before April 8, 1910.
Md. Code, Public Safety § 3-701 — MD Code / Article gps / Title 3 / Subtitle 7 / Section 3-701
§3–701.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Chief” means the head of a law enforcement agency.

(3) (i) “Covert investigation” means an infiltration of or attempt to infiltrate a group or organization in a manner that conceals the identity of the law enforcement agency or the identity of an officer or agent of the law enforcement agency.

(ii) “Covert investigation” does not include the use of plainclothes officers or employees for crowd control and public safety purposes at public events.

(4) “Department” means the Department of State Police.

(5) “First Amendment activities” means:

(i) activities involving constitutionally protected speech or association; or

(ii) conduct related to freedom of speech, free exercise of religion, freedom of the press, the right to assemble, or the right to petition the government.

(6) “Law enforcement agency” means a police or sheriff’s department of the State, a county, a municipal corporation, or a public or private institution of higher education.

(7) “Legitimate law enforcement objective” means the detection, investigation, deterrence, or prevention of crime, or the apprehension and prosecution of a suspected criminal.

(b) (1) This section establishes the responsibilities of a law enforcement agency relating to investigations affecting First Amendment activities and the rights of persons, groups, and organizations engaged in First Amendment activities.

(2) This section does not apply to investigations that do not involve First Amendment activities.

(c) (1) A law enforcement agency may not conduct a covert investigation of a person, a group, or an organization engaged in First Amendment activities unless the chief or the chief’s designee makes a written finding in advance or as soon as is practicable afterwards that the covert investigation is justified because:

(i) it is based on a reasonable, articulable suspicion that the person, group, or organization is planning or engaged in criminal activity; and

(ii) a less intrusive method of investigation is not likely to yield satisfactory results.

(2) Membership or participation in a group or organization engaged in First Amendment activities does not alone establish reasonable, articulable suspicion of criminal activity.

(d) A law enforcement agency shall:

(1) conduct all investigations involving First Amendment activities for a legitimate law enforcement objective; and

(2) in the process of conducting an investigation, safeguard the constitutional rights and liberties of all persons.

(e) A law enforcement agency may not investigate, prosecute, disrupt, interfere with, harass, or discriminate against a person engaged in a First Amendment activity for the purpose of punishing, retaliating, preventing, or hindering the person from exercising constitutional rights.

(f) An investigation involving First Amendment activities shall be terminated when logical leads have been exhausted or no legitimate law enforcement objective justifies the continuance of the investigation.

(g) A law enforcement agency may not collect or maintain information solely about the political beliefs, ideologies, and associations of a person, group, or organization if:

(1) the information is not relevant to a criminal investigation; or

(2) the law enforcement agency does not have a reasonable articulable suspicion that the person, group, or organization advocates, supports, or encourages the violation of any federal, State, or local criminal law that prohibits acts of terrorism, racketeering activity, as defined in 18 U.S.C. § 1961, violence, extortion, destruction of property, intimidation, harassment, obstruction of justice, or fraud.

(h) Information maintained in a criminal intelligence file shall be evaluated for the reliability of the source of the information and the validity and accuracy of the information.

(i) (1) A law enforcement agency shall classify accurately intelligence information in its databases to reflect properly the purpose for which the information is collected.

(2) When a law enforcement agency lists in a database a specific crime for which a person, a group, or an organization is under suspicion, the law enforcement agency shall ensure that the classification is accurate based on the information available to the law enforcement agency at the time.

(j) (1) Information gathered and maintained by a law enforcement agency for intelligence purposes may be disseminated only to appropriate persons for legitimate law enforcement objectives in accordance with the law governing the release of police records and with procedures established by the law enforcement agency.

(2) This subsection may not be interpreted to diminish the rights of a person requesting information under the Maryland Public Information Act.

(k) A law enforcement agency knowingly may not include in any criminal intelligence file information that has been obtained in violation of this section.

(l) On or before January 1, 2010, the Department shall adopt regulations governing:

(1) the conduct by the Department of covert investigations of persons, groups, or organizations engaged in First Amendment activities; and

(2) each departmental collection, dissemination, retention, database inclusion, purging, and auditing of intelligence information relating to persons, groups, or organizations engaged in First Amendment activities.

(m) On or before January 1, 2010, each law enforcement agency other than the Department shall adopt a written, publicly available policy governing:

(1) the conduct by the agency of covert investigations of persons, groups, or organizations engaged in First Amendment activities; and

(2) each agency collection, dissemination, retention, database inclusion, purging, and auditing of intelligence information relating to persons, groups, or organizations engaged in First Amendment activities.
Md. Code, Corporations and Associations § 3-212 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-212
§3–212.
Status: in_force

The successor is not required to pay for the stock of an objecting stockholder or to pay a judgment rendered against it in a proceeding for an appraisal unless, simultaneously with payment:

(1) The certificates representing the stock are surrendered to it, indorsed in blank, and in proper form for transfer; or

(2) Satisfactory evidence of the loss or destruction of the certificates and sufficient indemnity bond are furnished.
Md. Code, Tax - Property § 3-103 — MD Code / Article gtp / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, each board consists of 3 regular members and 1 alternate member.

(ii) In Anne Arundel County, Baltimore City, Baltimore County, Montgomery County, and Prince George’s County, each board consists of 3 regular members and 3 alternate members.

(2) The Governor shall appoint the members from a list of names submitted as follows:

(i) for Baltimore City, by the Mayor of Baltimore City; or

(ii) for a county other than Baltimore City, by:

1. the county commissioners or the county council of the county; or

2. if the county charter provides for a county executive, by the county executive with the approval of the county council.

(3) The number of names on each list shall be 3 times the number of vacancies.

(4) Each list shall be submitted at least 3 months before the end of a term.

(b) Before taking office, each appointee to the board shall take the oath required by Article I, § 9 of the Maryland Constitution.

(c) (1) The term of a member is 5 years. The term ends on June 1 of the appropriate year.

(2) The terms of members are staggered as required by the terms provided for members of the board on July 1, 1985.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(5) An alternate member fills a vacancy of a regular member until the vacancy is permanently filled. However, if an alternate member is appointed by the Governor as the regular member, the Governor shall appoint a new alternate member.

(6) The board chairman or the Administrator may ask an alternate member to serve on the board during the temporary absence of a regular member. However, an alternate may not serve on the board when the 3 regular members are present.

(d) (1) The Governor may remove a member only for incompetence, malfeasance, conduct unbecoming a board member, or inability or failure to perform the duties of the office on a regular basis.

(2) After giving a member notice and an opportunity for a hearing, the Mayor of Baltimore City, the county commissioners or the county council of the county, or if the county charter provides for a county executive, the county executive with the approval of the county council, may recommend the removal of the member by the Governor for the grounds listed in paragraph (1) of this subsection.
Md. Code, Courts and Judicial Proceedings § 3-901 — MD Code / Article gcj / Title 3 / Subtitle 9 / Section 3-901
§3–901.
Status: in_force

(a) In this subtitle the following terms have the meanings indicated.

(b) “Child” means a legitimate or an illegitimate child.

(c) “Parent” includes the mother and father of a deceased illegitimate child.

(d) “Person” includes an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(e) “Wrongful act” means an act, neglect, or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued.
Md. Code, Public Safety § 3-403 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) To qualify for appointment to act as a railroad police officer under this subtitle, an applicant shall be an individual who meets the requirements of this section.

(b) (1) The applicant shall be of good moral character.

(2) The applicant may not have been convicted of a felony or misdemeanor involving moral turpitude.

(c) The applicant shall be at least 21 years old.

(d) The applicant shall:

(1) be a full–time police officer employed by a railroad company on July 1, 1979; or

(2) meet all the educational and training requirements required by the Police Training and Standards Commission.
Md. Code, Economic Development § 3-302 — MD Code / Article gec / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) There is an Office of International Trade in the Department.

(b) The purpose of the Office is to promote the development of international business activities and opportunities in the State.
Md. Code, Courts and Judicial Proceedings § 3-820 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-820
§3–820.
Status: in_force

(a) After a CINA disposition, when the court has ordered a specific placement of a child, a local department may remove the child from that placement prior to a hearing only if:

(1) Removal is required to protect the child from serious immediate danger;

(2) The child’s continued placement in the court-ordered placement is contrary to the welfare of the child; or

(3) The person or agency with whom the child is placed has requested the immediate removal of the child.

(b) (1) Before removal or, if not possible, immediately after removal, the local department shall notify all parties, counsel, and the court of the removal of the child.

(2) The local department shall provide the address and phone number of the child’s new placement to the child’s counsel.

(c) (1) If the child is not returned to the court-ordered placement, the local department shall immediately file a motion to authorize the removal of the child and the child’s new placement.

(2) The motion shall set forth:

(i) The facts on which the local department relied in removing the child; and

(ii) The identity of each witness.

(d) (1) The court shall hold an emergency review placement hearing on the motion not later than the next day on which the circuit court is in session.

(2) All parties shall be given reasonable notice of the hearing.

(e) At the emergency review placement hearing, the court’s decision to reject or to ratify the local department’s removal of the child shall be based upon such evidence as would be sufficient under § 3-815(d) of this subtitle to order shelter care.

(f) (1) Unless all parties agree to the court’s order at the emergency review placement hearing, the court, at that hearing, shall schedule a regular review hearing within 30 days after the emergency review hearing for a full hearing on the merits of the local department’s action.

(2) At the full hearing on the merits, the rules of evidence under Title 5 of the Maryland Rules shall apply.

(3) The hearing may be postponed by agreement of the parties or for good cause shown.
Md. Code, Correctional Services § 3-501 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

(a) In this subtitle the following words have the meanings indicated.

(b) “Chief Executive Officer” means the Chief Executive Officer of Maryland Correctional Enterprises.

(c) “Contracting unit” means a unit of State government that is:

(1) authorized to contract for goods and services; or

(2) responsible for procurement of goods and services.

(d) “Management Council” means the Maryland Correctional Enterprises Management Council.

(e) “Political subdivision” means a county, municipal corporation, or special taxing district.
Md. Code, Financial Institutions § 3-516 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-516
§3–516.
Status: in_force

(a) For each common trust fund that it administers, a trust company shall set valuation dates at regular intervals of not more than 3 months.

(b) At regular intervals of not more than 12 months, a trust company shall have an audit of each common trust fund by an independent certified public accountant who shall report directly to the board of directors of the trust company.

(c) (1) A trust company that administers a common trust fund may apply to a court for approval of an accounting of the fund.

(2) A petition for approval of an accounting under this section shall be made to the court of equity for the county where the trust company has its principal banking office.

(3) A court may impose conditions and notice requirements before approving an accounting under this section.
Md. Code, Alcoholic Beverages and Cannabis § 3-703 — MD Code / Article gab / Title 3 / Subtitle 7 / Section 3-703
§3–703.
Status: in_force

A license issued by the Executive Director for a premises acquired for public use shall expire 180 days after acquisition unless an application is pending or has been approved for:

(1) a transfer of the license to another location or another person, subject to Subtitle 3 of this title; or

(2) a certificate of permission or a renewal license for continuation of business, subject to § 3–802 of this title.
Md. Code, Criminal Procedure § 3-107 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

(a) Whether or not the defendant is confined and unless the State petitions the court for extraordinary cause to extend the time, the court shall dismiss the charge against a defendant found incompetent to stand trial under this subtitle:

(1) when charged with a felony or a crime of violence as defined under § 14–101 of the Criminal Law Article, after the lesser of the expiration of 5 years or the maximum sentence for the most serious offense charged; or

(2) when charged with an offense not covered under item (1) of this subsection, after the lesser of the expiration of 3 years or the maximum sentence for the most serious offense charged.

(b) Whether or not the defendant is confined, if the court considers that resuming the criminal proceeding would be unjust because so much time has passed since the defendant was found incompetent to stand trial, the court shall dismiss the charge without prejudice. However, the court may not dismiss a charge without providing the State’s Attorney and a victim or victim’s representative who has requested notification under § 3–123(c) of this title advance notice and an opportunity to be heard.

(c) If charges are dismissed under this section, the court shall notify:

(1) the victim of the crime charged or the victim’s representative who has requested notification under § 3–123(c) of this title; and

(2) the Criminal Justice Information System Central Repository.
Md. Code, Public Safety § 3-203 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) The Commission consists of the following members:

(1) the President of the Maryland Chiefs of Police Association;

(2) the President of the Maryland Sheriffs Association;

(3) the Attorney General of the State;

(4) the Secretary of State Police;

(5) the agent in charge of the Baltimore office of the Federal Bureau of Investigation;

(6) one member representing the Maryland State Lodge of Fraternal Order of Police;

(7) one member representing the Maryland State’s Attorneys’ Association;

(8) the Chair of the Maryland Municipal League Police Executive Association;

(9) the Police Commissioner of Baltimore City;

(10) the President of the Police Chiefs’ Association of Prince George’s County;

(11) a civilian representative from the Wor–Wic Program Advisory Committee – Criminal Justice; and

(12) the following individuals, appointed by the Governor with the advice and consent of the Senate:

(i) three police officers, representing different geographic areas of the State;

(ii) one civilian with expertise in community policing who does not have relationships to law enforcement;

(iii) one civilian with expertise in policing standards who does not have relationships to law enforcement;

(iv) one civilian with expertise in mental health who does not have relationships to law enforcement; and

(v) three citizens of the State who represent different geographic areas of the State and do not have relationships to law enforcement.

(b) (1) The term of an appointed member is 3 years.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Commission on October 1, 2016.

(3) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.

(c) Except for the appointed members, a member of the Commission may serve personally at a Commission meeting or may designate a representative from the member’s unit, agency, or association who may act at any meeting to the same effect as if the member were personally present.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.4 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.4
§3–8A–17.
Status: in_force

§3–8A–17.4.

(a) (1) Except as provided in paragraph (2) of this subsection, within 15 days after receipt of a report of a qualified expert, the court shall hold a competency hearing.

(2) On good cause shown, the court may extend the time for holding the competency hearing for an additional 15 days.

(b) At the competency hearing, the court shall determine, by evidence presented on the record, whether the juvenile is incompetent to proceed.

(c) Findings of fact shall be based on the evaluation of the child by the qualified expert.

(d) The State shall bear the burden of proving the child’s competency beyond a reasonable doubt.
Md. Code, Courts and Judicial Proceedings § 3-404 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

The fact that a proceeding is brought under this subtitle does not affect a right to jury trial which otherwise may exist.
Md. Code, Courts and Judicial Proceedings § 3-2006 — MD Code / Article gcj / Title 3 / Subtitle 20 / Section 3-2006
§3–2006.
Status: in_force

(a) Except as provided by law other than this subtitle, during the collaborative law process a party shall:

(1) On the request of another party, make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery; and

(2) Update promptly previously disclosed information that has materially changed.

(b) Parties may define the scope of disclosure during the collaborative law process.
Md. Code, Criminal Procedure § 3-123 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-123
§3–123.
Status: reserved

(a) (1) In this section the following terms have the meanings indicated.

(2) “Defendant” means:

(i) a committed individual;

(ii) an individual found incompetent to stand trial; or

(iii) an individual charged with a crime and the issue of whether the individual is incompetent to stand trial has been raised or where a plea of not criminally responsible has been entered.

(3) “Victim” means a victim of a crime of violence or a victim who has filed a notification request form under § 11–104 of this article.

(4) “Victim’s representative” includes a family member or guardian of a victim who is:

(i) a minor;

(ii) deceased; or

(iii) disabled.

(b) A State’s Attorney shall notify a victim or victim’s representative of all rights provided under this section.

(c) (1) A victim or victim’s representative may request notification under this section by:

(i) notifying the State’s Attorney and the Health Department of the request for notification; or

(ii) filing a notification request form under § 11–104 of this article.

(2) A request for notification under paragraph (1)(i) of this subsection shall designate:

(i) the address and telephone number of the victim; or

(ii) the name, address, and telephone number of a victim’s representative.

(3) A victim or victim’s representative may, at any time, withdraw a request for notification.

(d) If a victim or victim’s representative has requested notification in the manner provided under subsection (c) of this section, the Health Department shall promptly notify the victim or the victim’s representative in writing when:

(1) the Health Department receives a court order to examine a defendant under this title;

(2) the Health Department receives a court order committing a defendant to the Health Department under this title;

(3) a hearing relating to a defendant is scheduled under this title;

(4) the Health Department receives notice that a defendant has applied for a hearing or filed a petition for release;

(5) the Office recommends that a committed person be released under this title;

(6) the Health Department submits a recommendation to the court for a defendant’s conditional release;

(7) the facility of the Health Department that has charge of a defendant has notified the State’s Attorney that a defendant is absent without authorization; or

(8) the Health Department receives a court order for the conditional release or discharge from commitment of a defendant.

(e) (1) A victim or victim’s representative may submit, in writing or orally, to the State’s Attorney and to the facility of the Health Department that has charge of a defendant:

(i) any information that the victim or victim’s representative considers relevant; and

(ii) a request that the defendant be prohibited from having any contact with the victim or victim’s representative, as a condition of release.

(2) Except for a court hearing to determine if a person is incompetent to stand trial or not criminally responsible, a victim or victim’s representative may submit a written or oral statement to the court or the Office conducting a hearing or review relating to a defendant under this title containing:

(i) any information regarding the nature and consequences of the crime and any contact after the crime between the defendant and the victim or the victim’s family; and

(ii) a request that the defendant be prohibited from having any contact with the victim as a condition of release.

(f) (1) If a victim or victim’s representative submits written or oral information under this section, the Health Department, court, or Office shall:

(i) consider the information;

(ii) maintain at the facility that has charge of the defendant, separate from the medical record of the defendant, the written statement of the victim or victim’s representative; and

(iii) delete the victim’s or the victim’s representative’s address and telephone number before any document is examined by the defendant or defendant’s representative.

(2) (i) If a victim or a victim’s representative has submitted a written factual statement under subsection (e)(2)(i) of this section to the Health Department, at least 30 days before a hearing or review under this title the Health Department shall notify the defendant or defendant’s representative in writing of the intended use of the victim’s or victim’s representative’s written factual statement and send to the defendant or the defendant’s representative a copy of the written factual statement to be admitted.

(ii) If the defendant objects to the admission of the written factual statement of the victim or victim’s representative, the defendant shall notify the Health Department, State’s Attorney, and court or the Office in writing no later than 20 days before the hearing or review.

(iii) If the timely and proper notice required under subparagraph (ii) of this paragraph is provided by the defendant, the written factual statement is inadmissible without the testimony of the victim or victim’s representative.

(iv) Failure of the defendant to give the timely and proper notice under subparagraph (ii) of this paragraph is a waiver of the defendant’s right to the presence and testimony of the victim or victim’s representative and the written factual statement of the victim or victim’s representative shall be admitted.

(v) If a defendant provides notice under subparagraph (ii) of this paragraph, the Health Department shall notify the victim that:

1. the victim’s or victim’s representative’s written factual statement is inadmissible at the hearing without the testimony of the victim or victim’s representative; and

2. the victim or victim’s representative may attend the hearing and testify.

(g) Except as otherwise provided under this section, this section may not be construed to authorize the release to the victim or victim’s representative of any medical, psychological, or psychiatric information on a defendant.

(h) The Health Department shall promptly notify the State’s Attorney and a victim or a victim’s representative who has requested notification regarding a defendant under this section if:

(1) the defendant is absent without authorization;

(2) a hospital warrant is issued for the defendant; or

(3) notification is required under § 11–508 of this article.

(i) An agent or employee of the Health Department who acts in compliance with this section shall have the immunity from liability described under § 5–522 of the Courts Article.

(j) Before a hearing under this article relating to a defendant, the victim or victim’s representative shall be notified of the proceeding as provided under § 11–104 or § 11–503 of this article.

(k) (1) Except as provided in paragraph (2) of this subsection, a victim or victim’s representative shall have the right to attend a hearing under this article relating to a defendant as provided under § 11–102 of this article.

(2) At the request of a defendant, the Office, in a release hearing or a violation hearing under this subtitle for an individual found not criminally responsible, may exclude a victim or victim’s representative from the expert testimony regarding the defendant’s medical, psychological, or psychiatric information if the Office finds the medical, psychological, or psychiatric information is:

(i) highly sensitive to the defendant; and

(ii) not relevant to whether the defendant should be released or has violated the conditions of release.

(l) (1) This subsection applies only to a defendant as defined in subsection (a)(2)(ii) or (iii) of this section after the criminal charges against the defendant have been dismissed under § 3–107 or § 3–108 of this title.

(2) If a victim or victim’s representative has requested notification in the manner provided under subsection (c) of this section, the Health Department shall promptly notify the victim or the victim’s representative in writing if the defendant:

(i) escapes;

(ii) is recaptured;

(iii) is transferred to another facility;

(iv) is released; or

(v) has died.
Md. Code, Labor and Employment § 3-1008 — MD Code / Article gle / Title 3 / Subtitle 10 / Section 3-1008
§3–1008.
Status: in_force

(a) Whenever the Commissioner determines that this subtitle has been violated, the Commissioner shall:

(1) try to resolve any issue involved in the violation informally by mediation; or

(2) ask the Attorney General to bring an action on behalf of the applicant or employee.

(b) The Attorney General may bring an action under this section in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.
Md. Code, Education § 3-702 — MD Code / Article ged / Title 3 / Subtitle 7 / Section 3-702
§3–702.
Status: in_force

At its first meeting in December, the county board shall elect a chair from among its members.
Md. Code, Labor and Employment § 3-710 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-710
§3–710.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Employer” means a person:

(i) engaged in a retail establishment business in the State that has 50 or more retail employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; or

(ii) that owns one or more retail establishment franchises with the same trade name with 50 or more retail employees in the State for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

(3) “Franchise” has the meaning stated in § 14–201 of the Business Regulation Article.

(4) (i) “Retail establishment” means a place of business with the primary purpose of selling goods to a consumer who is present at the place of business at the time of sale.

(ii) “Retail establishment” does not include:

1. a wholesaler, as defined in § 11–401(i) of the Commercial Law Article; or

2. a restaurant.

(b) This section does not apply to an employee:

(1) covered by a collective bargaining agreement or employment policy that includes shift breaks equal to or greater than those provided under this section;

(2) exempt from overtime pay requirements under the Fair Labor Standards Act;

(3) who works for a unit of the State, a county, or a municipality;

(4) who works in a corporate office or other office location; or

(5) who works for at least 4 consecutive hours for an employer at a single location with 5 or fewer employees.

(c) (1) (i) Except as provided in paragraph (4) of this subsection or subparagraph (ii) of this paragraph, an employer may not employ an employee at a retail establishment for 4 to 6 consecutive hours without providing a nonworking shift break of at least 15 minutes.

(ii) An employee is not entitled to a 15 minute shift break under this paragraph if the employee is entitled to a 30 minute shift break under paragraph (2) of this subsection.

(2) An employer may not employ an employee at a retail establishment for more than 6 consecutive hours without providing a nonworking shift break of at least 30 minutes.

(3) If an employee works 8 consecutive hours in a single shift, the employer shall provide an additional nonworking shift break of at least 15 minutes for every additional 4 consecutive hours the employer employs the employee in the shift.

(4) If an employee’s work hours do not exceed 6 consecutive hours, the provisions of paragraph (1) of this subsection may be waived by written agreement between the employer and employee.

(5) A shift break required under this subsection may be considered a working shift break if:

(i) 1. the type of work prevents an employee from being relieved of work during the nonworking shift break; or

2. the employee is allowed to consume a meal while working and the working shift break is counted towards the employee’s work hours; and

(ii) the employer and employee mutually agree in writing to the working shift break.

(d) (1) If an employer violates subsection (c) of this section, an employee of the employer may file a complaint with the Commissioner.

(2) If the Commissioner receives a complaint under paragraph (1) of this subsection, the Commissioner shall:

(i) try to resolve the issue informally; or

(ii) determine whether the employer has violated this section.

(3) If the Commissioner determines that the employer has violated this section, the Commissioner shall:

(i) issue an order compelling compliance with this section; and

(ii) in the Commissioner’s discretion, assess a civil penalty of:

1. up to $300 for each employee for whom the employer is not in compliance with this section; or

2. up to $600 for each employee for whom the employer is not in compliance with this section if the violation occurred within 3 years after an employee filed a previous complaint that led to a determination that a violation had occurred.

(4) The provisions of paragraphs (2)(ii) and (3) of this subsection are subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.

(5) (i) In determining whether there is a violation of this section, the Commissioner shall consider if there was a threat to public health or safety at the time the violation is alleged to have occurred.

(ii) In determining the amount of any civil penalty to be imposed, the Commissioner shall consider the:

1. seriousness of the violation;

2. size of the employer’s business;

3. employer’s good faith in complying with this section; and

4. employer’s history of violations under this section.

(6) If the employer fails to comply with an order issued for a violation under paragraph (3) of this subsection, the Commissioner may bring an action to enforce the order and civil penalty in the circuit court in the county where the employer is located.

(7) If the employer fails to comply with an order issued for a subsequent violation against the same employee under paragraph (3) of this subsection within 3 years after the employee filed a complaint that is determined to be a violation under this subsection, the employee may bring an action to enforce the order in the circuit court in the county where the employer is located.

(8) If an employee prevails in an action brought under paragraph (7) of this subsection, the employee may be entitled to:

(i) three times the value of the employee’s hourly wage for each shift break violation of this section occurring after the most recent violation against the same employee; and

(ii) reasonable attorney’s fees and other costs of the employee.
Md. Code, Business Occupations and Professions § 3-204 — MD Code / Article gbo / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) A majority of the authorized membership of the Board is a quorum.

(b) The Board shall determine the times and places of its meetings and hearings.

(c) A member of the Board:

(1) may not receive compensation; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(d) (1) The Board may employ a staff in accordance with the State budget.

(2) The Board may require the staff to be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.
Md. Code, Transportation § 3-101 — MD Code / Article gtr / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

(a) In this title the following words have the meanings indicated.

(b) “Airport facility”:

(1) Has the meaning stated in § 5-101 of this article; and

(2) Includes any one or more or combination of air navigation facilities, as defined in § 5-101 of this article.

(c) “Bonds of prior issues” means:

(1) All “State highway construction bonds, second issue” and “State highway construction bonds, third issue” issued and sold under Article 89B of the Code of 1957; and

(2) All bonds issued and sold under Article 62B of the Code of 1957, evidencing the “Maryland Port Authority Loan of 1958”, “Maryland Port Authority Second Loan of 1961”, and “Maryland Port Authority Loan of 1967”.

(d) “Cost”, as applied to any transportation facility, includes the cost of and all expenses incident to the construction, reconstruction, acquisition, improvement, extension, alteration, modernization, planning, maintenance, and repair of the facility, including the cost and expenses of:

(1) All property acquired in connection with it;

(2) Financial, architectural, consulting, engineering, and legal services;

(3) Plans, specifications, surveys, estimates, feasibility reports, and direct and indirect labor, material, equipment, and administrative expenses; and

(4) Financing the facility, including financing charges and interest before, during, and for 1 year after completion of construction.

(e) “Debt service” means the amount annually needed to pay the maturing principal of and interest on bonds, notes, and other evidences of obligation and to meet sinking fund requirements for these purposes.

(f) (1) In this definition, “highway” and “State highway system” have the meanings stated in § 8-101 of this article.

(2) “Highway facility” includes any one or more or combination of projects involving the rehabilitation and reconstruction of highways in the State highway system to meet present and future needs and the development and construction in new locations of new highways necessitated by traffic demands to become parts of the State highway system, including federally aided highway projects partially funded by this State and all incidental property rights, materials, facilities, and structures.

(g) “Outstanding and unpaid” does not include:

(1) Bonds purchased and held in sinking funds by or for the Department; or

(2) If the money for their payment or redemption has been provided:

(i) Matured bonds not presented for payment; or

(ii) Bonds called for redemption but not presented for redemption.

(h) “Port facility” has the meaning stated in § 6-101 of this article.

(i) (1) “Railroad facility” includes any one or more or combination of:

(i) Switches, spurs, tracks, structures, terminals, yards, real property, and other facilities useful or designed for use in connection with the transportation of persons or goods by rail; and

(ii) All other appurtenances, including locomotives, cars, vehicles, and other instrumentalities of shipment or carriage, useful or designed for use in connection with the transportation of persons or goods by rail.

(2) “Railroad facility” does not include any transit facility.

(j) “Refunding” means the retirement and cancellation of bonds, including bonds of prior issues, after their acquisition by or for the Department, whether before, at, or after maturity, either in exchange for other bonds or by payment, purchase, or redemption with the proceeds of the sale of other bonds.

(k) “Transit facility” includes any one or more or combination of tracks, rights-of-way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking areas, equipment, fixtures, buildings, structures, other real or personal property, and services incidental to or useful or designed for use in connection with the rendering of transit service by any means, including rail, bus, motor vehicle, or other mode of transportation but does not include any railroad facility.

(l) “Transportation facility” includes any one or more or combination of:

(1) Airport facilities;

(2) Highway facilities;

(3) Port facilities;

(4) Railroad facilities; and

(5) Transit facilities.
Md. Code, Education § 3-12A-05 — MD Code / Article ged / Title 3 / Subtitle 12A / Section 3-12A-05
§3–12A–05.
Status: in_force

(a) The county board shall meet at least once each month.

(b) Except for those actions authorized by subsection (c) of this section, all actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.

(c) The county board may take actions in executive session in accordance with § 3–305 of the General Provisions Article.
Md. Code, Natural Resources § 3-906 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-906
§3–906.
Status: in_force

All expenses incurred in carrying out the provisions of this subtitle shall be payable solely from funds provided under the authority of this subtitle and no liability or obligation shall be incurred by the Authority hereunder beyond the extent to which money shall have been provided under the provisions of this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-824 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-824
§3–824.
Status: in_force

(a) The court shall hear and rule on a petition seeking an order for emergency medical or psychiatric treatment on an expedited basis.

(b) (1) The court may order emergency medical, dental, or surgical treatment of a child alleged to have a condition or illness that, in the opinion of a licensed physician or dentist, as the case may be, requires immediate treatment, if the child’s parent, guardian, or custodian is not available or, without good cause, refuses to consent to the treatment.

(2) A child may be placed in an emergency facility on an emergency basis under Title 10, Subtitle 6, Part IV of the Health - General Article.

(c) The court shall apply the factors specified in § 13-711(b) of the Estates and Trusts Article, to the extent relevant, when deciding whether to withhold or withdraw a life-sustaining procedure, as defined in § 13-711(c) of the Estates and Trusts Article.
Md. Code, Insurance § 3-208 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

In addition to any other grounds for denial, suspension, or revocation of a certificate of authority, the Commissioner may deny, suspend, or revoke a certificate of authority if the attorney in fact of a reciprocal insurer fails to comply with any provision of this article.
Md. Code, State Finance and Procurement § 3-301 — MD Code / Article gsf / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) There is a Central Collection Unit in the Department.

(b) (1) All employees and personnel of the Central Collection Unit shall:

(i) except for assistant Attorneys General assigned to the Central Collection Unit, be in the management service or special appointments in the State Personnel Management System who are appointed by and serve at the pleasure of the Secretary and are not subject to Title 11, Subtitle 2 of the State Personnel and Pensions Article; and

(ii) receive such compensation as provided in the State budget.

(2) Except for employees in the Executive Pay Plan and any assistant Attorneys General assigned to the Central Collection Unit, a management service or special appointment of the skilled service or the professional service employee of the Central Collection Unit may not be permanently removed except for cause and until written charges have been filed and a hearing has been conducted in accordance with Title 10, Subtitle 2 of the State Government Article. This paragraph does not apply to the removal of a management service or special appointment employee because of a layoff that resulted from:

(i) a lack of work; or

(ii) the lack of an appropriation.

(c) (1) The Secretary of Budget and Management may establish a performance incentive program to provide pay incentives for employees of the Central Collection Unit.

(2) Pay incentives provided to employees under this subsection shall be paid from the Central Collection Fund established under § 3-306 of this subtitle as provided in the State budget.

(3) Pay incentives may not be provided under this subsection if:

(i) the Central Collection Unit sustains an operating loss for the fiscal year in which the pay incentives were earned; or

(ii) funds are not available in the Central Collection Fund to pay the incentives.
Md. Code, Labor and Employment § 3-1605 — MD Code / Article gle / Title 3 / Subtitle 16 / Section 3-1605
§3–1605.
Status: in_force

(a) The Commissioner:

(1) shall create and make available a summary of this subtitle; and

(2) may create and make available a summary of regulations adopted under this subtitle.

(b) On request of an employer, the Commissioner shall provide without charge:

(1) a copy of this subtitle;

(2) a summary of this subtitle;

(3) a copy of regulations adopted under this subtitle; and

(4) if the Commissioner has developed a summary of regulations adopted under this subtitle, a summary of the regulations.

(c) Each employer shall keep posted conspicuously in each place of employment:

(1) a summary of this subtitle that the Commissioner has provided to the employer; and

(2) a copy or summary of regulations adopted under this subtitle.
Md. Code, Natural Resources § 3-217 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-217
§3–217.
Status: in_force

(a) There is a Local Land Trust Revolving Loan Fund.

(b) The purpose of the Fund is to finance the Program.

(c) The Trust shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(e) The Fund consists of:

(1) Money appropriated in the State budget to the Fund;

(2) Interest earnings;

(3) Repayments of principal and interest from loans made under the Program; and

(4) Any other money from any other source accepted for the benefit of the Fund.

(f) The Governor may include in the annual budget bill an appropriation to the Fund.

(g) The Fund may be used only to provide funding for the Program.

(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

(j) Money expended from the Fund for the Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Program.
Md. Code, Courts and Judicial Proceedings § 3-1504 — MD Code / Article gcj / Title 3 / Subtitle 15 / Section 3-1504
§3–1504.
Status: in_force

(a) (1) (i) If after a hearing on a petition, whether ex parte or otherwise, a judge finds that there are reasonable grounds to believe that the respondent has committed, and is likely to commit in the future, an act specified in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee, the judge may issue a temporary peace order to protect the petitioner or the petitioner’s employee.

(ii) In determining whether there are reasonable grounds to believe that a respondent has committed, and is likely to commit in the future, an act specified in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee, the judge may consider whether a military protection order has been issued against the respondent for the same or similar conduct against the same petitioner or the petitioner’s employee.

(2) The temporary peace order may include any or all of the following relief:

(i) Order the respondent to refrain from committing or threatening to commit an act specified in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee;

(ii) Order the respondent to refrain from contacting, attempting to contact, or harassing the petitioner or the petitioner’s employee;

(iii) Order the respondent to refrain from entering the residence of the petitioner or the petitioner’s employee; and

(iv) Order the respondent to remain away from the place of employment, school, or temporary residence of the petitioner or the petitioner’s employee.

(3) If the judge issues an order under this section, the order shall contain only the relief that is minimally necessary to protect the petitioner or the petitioner’s employee.

(b) (1) Except as provided in paragraph (2) of this subsection, a law enforcement officer immediately shall serve the temporary peace order on the respondent.

(2) A respondent who has been served with an interim peace order under § 3–1503.1 of this subtitle shall be served with the temporary peace order in open court or, if the respondent is not present at the temporary peace order hearing, by first–class mail at the respondent’s last known address.

(c) (1) Except as otherwise provided in this subsection, the temporary peace order shall be effective for not more than 7 days after service of the order.

(2) The judge may extend the temporary peace order as needed, but not to exceed 30 days, to effectuate service of the order where necessary to provide protection or for other good cause.

(3) If the court is closed on the day on which the temporary peace order is due to expire, the temporary peace order shall be effective until the second day on which the court is open, by which time the court shall hold a final peace order hearing.

(d) The judge may proceed with a final peace order hearing instead of a temporary peace order hearing if:

(1) (i) The respondent appears at the hearing;

(ii) The respondent has been served with an interim peace order; or

(iii) The court otherwise has personal jurisdiction over the respondent; and

(2) The petitioner or the petitioner’s employee and the respondent expressly consent to waive the temporary peace order hearing.
Md. Code, Election Law § 3-204.1 — MD Code / Article gel / Title 3 / Subtitle 2 / Section 3-204.1
§3–204.
Status: in_force

§3–204.1.

(a) The State Board may operate an online voter registration system that allows an individual to electronically:

(1) apply to become a registered voter; or

(2) change the individual’s name, address, or party affiliation in the individual’s existing voter registration record.

(b) To apply to register to vote through the online voter registration system, an individual shall:

(1) complete the electronic voter registration application;

(2) affirmatively attest, subject to the penalties of perjury, that the information contained in the voter registration application is true and that the applicant meets all of the qualifications to become a registered voter;

(3) provide one of the following:

(i) a Maryland driver’s license number or Maryland identification card number, the last four digits of the individual’s Social Security number, and other information identified by the State Board that is not generally available to the public but is readily available to the individual; or

(ii) if the individual is an absent uniformed services voter or overseas voter as defined in the federal Uniformed and Overseas Citizens Absentee Voting Act and does not have a Maryland driver’s license or Maryland identification card, a Social Security number; and

(4) affirmatively consent to the use of one of the following as the individual’s signature for the application being submitted:

(i) the electronic copy of the individual’s signature that is on file with the Motor Vehicle Administration; or

(ii) the individual’s Social Security number.

(c) To change an individual’s name, address, or party affiliation in the individual’s existing voter registration record, an individual shall:

(1) complete the electronic voter registration application;

(2) affirmatively attest, subject to the penalties of perjury, that the information contained in the voter registration application is true and that the applicant meets all of the qualifications to be a registered voter;

(3) provide one of the following:

(i) a Maryland driver’s license number or Maryland identification card number, the last four digits of the individual’s Social Security number, and other information identified by the State Board that is not generally available to the public but is readily available to the individual; or

(ii) if the individual is an absent uniformed services voter or overseas voter as defined in the federal Uniformed and Overseas Citizens Absentee Voting Act and does not have a Maryland driver’s license or Maryland identification card, a Social Security number; and

(4) affirmatively consent to the use of one of the following as the individual’s signature for the application being submitted:

(i) the electronic copy of the individual’s signature that is on file with the Motor Vehicle Administration; or

(ii) the individual’s Social Security number.

(d) The Motor Vehicle Administration shall transmit an electronic copy of an individual’s driver’s license or identification card signature to the State Board within 5 days of being notified by the State Board that the individual submitted a voter registration application through the online voter registration system.

(e) The State Board may:

(1) take any additional measures it deems necessary to ensure the integrity and accuracy of voter registration applications submitted through the online voter registration system; and

(2) adopt any regulations necessary to administer the online voter registration system.
Md. Code, Business Occupations and Professions § 3-310 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-310
§3–310.
Status: reserved

(a) The Board shall reinstate the license of an architect who, for any reason, has failed to renew the license by the end of the 30–day grace period if the architect:

(1) meets the renewal requirements of § 3–309 of this subtitle;

(2) except as otherwise provided in subsection (b) of this section, pays to the Board a reinstatement fee set by the Board;

(3) submits to the Board a reinstatement application on the form that the Board provides; and

(4) meets the continuing professional competency requirement that would have been required for renewal of a license under § 3–309.1 of this subtitle, if the license had not expired.

(b) The Board may waive a reinstatement fee for a licensee who provides evidence satisfactory to the Board that the licensee did not practice architecture during the time the license lapsed.
Md. Code, Corporations and Associations § 3-413 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-413
§3–413.
Status: reserved

(a) Except as provided in subsection (d) of this section, stockholders entitled to cast at least 25 percent of all the votes entitled to be cast in the election of directors of a corporation may petition a court of equity to dissolve the corporation on grounds that:

(1) The directors are so divided respecting the management of the corporation’s affairs that the votes required for action by the board cannot be obtained; or

(2) The stockholders are so divided that directors cannot be elected.

(b) Except as provided in subsection (d) of this section, any stockholder entitled to vote in the election of directors of a corporation may petition a court of equity to dissolve the corporation on grounds that:

(1) The stockholders are so divided that they have failed, for a period which includes at least two consecutive annual meeting dates, to elect successors to directors whose terms would have expired on the election and qualification of their successors; or

(2) The acts of the directors or those in control of the corporation are illegal, oppressive, or fraudulent.

(c) Any stockholder or creditor of a corporation other than a railroad corporation may petition a court of equity to dissolve the corporation on grounds that it is unable to meet its debts as they mature in the ordinary course of its business.

(d) Subsections (a)(2) and (b)(1) of this section do not apply to any corporation that has a class of equity securities registered under the federal Securities Exchange Act of 1934.
Md. Code, Courts and Judicial Proceedings § 3-8A-19.4 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-19.4
§3–8A–19.
Status: in_force

§3–8A–19.4.

The court may modify or rescind the peace order during the term of the peace order after:

(1) Giving notice to the victim and the respondent; and

(2) A hearing.
Md. Code, Environment § 3-406 — MD Code / Article gen / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

(a) A person who willfully violates any provision of this title or any rule, regulation, or order adopted or issued under this title is liable to a civil penalty not exceeding $10,000, to be collected in a civil action brought by a political subdivision in the circuit court for any county. Each day a violation continues is a separate violation under this section.

(b) The political subdivision may compromise and settle any claim for a civil penalty under this section.

(c) If, within 1 year after a civil penalty is compromised and settled under subsection (b) of this section, the person against whom the penalty is imposed satisfies the political subdivision that the violation has been eliminated or the order has been satisfied, the political subdivision may return to the person not more than 75 percent of the penalty paid.

(d) An action under this section is in addition to and not instead of an action for injunctive relief under § 3–405 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-1106 — MD Code / Article gcj / Title 3 / Subtitle 11 / Section 3-1106
§3–1106.
Status: in_force

(a) In this section, “farm vehicle” has the meaning stated in § 13-911 of the Transportation Article.

(b) This subtitle does not apply to a release of hazardous materials from a farm vehicle that is involved in a traffic accident.

(c) This section does not abrogate any statutory or common law right or cause of action of a person against the owner or operator of a farm vehicle that has been involved in a traffic accident involving a release of hazardous materials.
Md. Code, State Personnel and Pensions § 3-101 — MD Code / Article gsp / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

(a) In this title the following words have the meanings indicated.

(b) “Board” means the Public Employee Relations Board.

(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article.

(d) “Collective bargaining” means:

(1) good faith negotiations by authorized representatives of employees and their employer with the intention of:

(i) 1. reaching an agreement about wages, hours, and other terms and conditions of employment; and

2. incorporating the terms of the agreement in a written memorandum of understanding or other written understanding; or

(ii) clarifying terms and conditions of employment;

(2) administration of terms and conditions of employment; or

(3) the voluntary adjustment of a dispute or disagreement between authorized representatives of employees and their employer that arises under a memorandum of understanding or other written understanding.

(e) “Employee organization” has the meaning stated in § 22–101 of the State Government Article.

(f) “Exclusive representative” has the meaning stated in § 22–101 of the State Government Article.

(g) (1) “Faculty at the Maryland School for the Deaf” means employees who have been granted the following status by the Board of Trustees of the Maryland School for the Deaf:

(i) after–school program counselors;

(ii) American Sign Language specialists;

(iii) athletic trainers;

(iv) behavior specialists;

(v) clerical aides;

(vi) dorm counselors;

(vii) employment specialists;

(viii) instructional technology resource specialists;

(ix) librarians;

(x) literacy and reading specialists;

(xi) occupational therapists;

(xii) orientation and mobility specialists;

(xiii) physical therapists;

(xiv) school counselors;

(xv) school IEP coordinators;

(xvi) school nurses;

(xvii) school social workers;

(xviii) speech–language pathologists;

(xix) student support specialists;

(xx) teachers;

(xxi) teacher aides;

(xxii) transition coordinators; and

(xxiii) work–to–learn specialists.

(2) “Faculty at the Maryland School for the Deaf” does not include officers or supervisory employees at the Maryland School for the Deaf.

(h) “President” means:

(1) with regard to a constituent institution, as defined in § 12–101 of the Education Article, the president of the constituent institution;

(2) with regard to a center or institute, as those terms are defined in § 12–101 of the Education Article, the president of the center or institute;

(3) with regard to the University System of Maryland Office, the Chancellor of the University System of Maryland; and

(4) with regard to Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College, the president of the institution.

(i) “System institution” means:

(1) a constituent institution, as defined in § 12–101 of the Education Article;

(2) a center or institute, as those terms are defined in § 12–101 of the Education Article; and

(3) the University System of Maryland Office.
Md. Code, Courts and Judicial Proceedings § 3-815 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-815
§3–815.
Status: in_force

(a) In accordance with regulations adopted by the Department of Human Services, a local department may authorize shelter care for a child who may be in need of assistance and has been taken into custody under this subtitle.

(b) A local department may place a child in emergency shelter care before a hearing if:

(1) Placement is required to protect the child from serious immediate danger;

(2) There is no parent, guardian, custodian, relative, or other person able to provide supervision; and

(3) (i) 1. The child’s continued placement in the child’s home is contrary to the welfare of the child; and

2. Because of an alleged emergency situation, removal from the home is reasonable under the circumstances to provide for the safety of the child; or

(ii) 1. Reasonable efforts have been made but have been unsuccessful in preventing or eliminating the need for removal from the child’s home; and

2. As appropriate, reasonable efforts are being made to return the child to the child’s home.

(c) (1) Whenever a child is not returned to the child’s parent, guardian, or custodian, the local department shall immediately file a petition to authorize continued shelter care.

(2) (i) The court shall hold a shelter care hearing on the petition before disposition to determine whether the temporary placement of the child outside of the home is warranted.

(ii) Unless extended on good cause shown, a shelter care hearing shall be held not later than the next day on which the circuit court is in session.

(3) If the child’s parents, guardian, custodian, or relatives can be located, reasonable notice, oral or written, stating the time, place, and purpose of the shelter care hearing shall be given.

(4) A court may not order shelter care for more than 30 days except that shelter care may be extended for up to an additional 30 days if the court finds after a hearing held as part of an adjudication that continued shelter care is needed to provide for the safety of the child.

(5) Unless good cause is shown, a court shall give priority to the child’s relatives over nonrelatives when ordering shelter care for a child.

(d) Subject to subsection (e) of this section, a court may continue shelter care beyond emergency shelter care only if the court finds that:

(1) Return of the child to the child’s home is contrary to the safety and welfare of the child; and

(2) (i) Removal of the child from the child’s home is necessary due to an alleged emergency situation and in order to provide for the safety of the child; or

(ii) Reasonable efforts were made but were unsuccessful in preventing or eliminating the need for removal of the child from the home.

(e) (1) If a child’s parent is receiving treatment in a residential substance use disorder treatment program with beds or services for patients’ children and the child is in the presence of the child’s parent for the duration of the child’s parent’s treatment, there is a presumption that:

(i) Placement with the child’s parent is in the best interest of the child; and

(ii) There is not an emergency situation under the provisions of subsection (d)(2)(i) of this section.

(2) This subsection may not be construed to prohibit another parent or a guardian, a custodian, a relative, or another person able to provide supervision and care from providing supervision and care for a child for the duration of the child’s parent’s treatment if the other parent, guardian, custodian, relative, or other person agrees to provide supervision and care.

(f) (1) If the court continues shelter care on the basis of an alleged emergency, the court shall assess whether the absence of efforts to prevent removal was reasonable.

(2) If the court finds that the absence of efforts to prevent removal was not reasonable, the court shall make a written determination so stating.

(3) The court shall make a written determination as to whether reasonable efforts are being made to make it possible to return the child to the child’s home or whether the absence of such efforts is reasonable.

(g) (1) An alleged CINA may not be placed in:

(i) Detention, as defined in § 3–8A–01 of this title; or

(ii) A mental health facility, unless committed involuntarily in accordance with §§ 10–613 through 10–619 of the Health – General Article.

(2) (i) If the child is alleged to be in need of assistance because of a mental disorder or a developmental disability, the child may be placed in a shelter care facility maintained or licensed by the Maryland Department of Health or, if no such facility is available, in a private home or shelter care facility approved by the court.

(ii) If the child is alleged to be in need of assistance for any other reason, the child may be placed in a shelter care facility maintained or approved by the Social Services Administration or in a private home or shelter care facility approved by the court.

(3) An alleged CINA may not be placed in a shelter care facility that is not operating in compliance with applicable State licensing laws.

(4) The Secretary of Human Services, the Secretary of Juvenile Services, the Secretary of Health, the State Superintendent of Schools, and the Special Secretary for Children, Youth, and Families, when appropriate, shall jointly adopt regulations to ensure that any child placed in shelter care in accordance with a petition filed under this section is provided appropriate services, including:

(i) Health care services;

(ii) Mental health care services;

(iii) Counseling services;

(iv) Education services;

(v) Social work services;

(vi) Substance use disorder assessment or treatment services; and

(vii) Visitation with siblings and biological family.

(5) In addition to any other provision, the regulations shall require the local department:

(i) Within 45 days of placement of a child in a shelter care facility, to develop a plan to assess the child’s treatment needs; and

(ii) To submit the plan to all parties to the petition and their counsel.
Md. Code, Commercial Law § 3-404 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

(a) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.

(b) If (i) a person whose intent determines to whom an instrument is payable (§ 3-110(a) or (b)) does not intend the person identified as payee to have any interest in the instrument, or (ii) the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special indorsement:

(1) Any person in possession of the instrument is its holder.

(2) An indorsement by any person in the name of the payee stated in the instrument is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.

(c) Under subsection (a) or (b), an indorsement is made in the name of a payee if (i) it is made in a name substantially similar to that of the payee or (ii) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.

(d) With respect to an instrument to which subsection (a) or (b) applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
Md. Code, Land Use § 3-205 — MD Code / Article glu / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) This section applies only to a local jurisdiction where the legislative body has adopted a whole plan or a plan for one or more geographic sections or divisions of the local jurisdiction.

(b) A publicly or privately owned street, square, park, or other public way, ground, or open space, a public building or structure, or a public utility may not be authorized or constructed in the local jurisdiction or in a geographic section of the local jurisdiction until the planning commission has approved the location, character, and extent of the development as consistent with the plan.

(c) (1) The planning commission shall communicate its decision and the reasons for its decision to the legislative body or to the body that has jurisdiction over the financing of the public way, ground, space, building, structure, or utility.

(2) The submission to the planning commission shall be considered approved if the planning commission fails to act on the submission within 60 days after the date it was submitted.

(3) The legislative body or other body having jurisdiction may overrule the decision of the planning commission by a recorded vote of at least two–thirds of its entire membership.
Md. Code, Financial Institutions § 3-301 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) A subscription for the original capital stock of a commercial bank shall conform, to the extent applicable, to the provisions of the Maryland General Corporation Law that relate to stock subscriptions.

(b) An increase in the outstanding capital stock of a commercial bank is not valid unless:

(1) The commercial bank has sufficient surplus so that after the increase in capital stock its surplus will equal at least 20 percent of its capital stock; or

(2) The amount of the increase is subscribed for and paid as required for subscription for original capital stock.

(c) (1) Each share of common stock is entitled to one vote.

(2) A stockholder may vote in person or by proxy the capital stock that the stockholder owns of record.
Md. Code, Education § 3-602 — MD Code / Article ged / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

At its first meeting at the beginning of each year, the county board shall elect a president and a vice president from among its elected members.
Md. Code, Natural Resources § 3-306.1 — MD Code / Article gnr / Title 3 / Subtitle 3 / Section 3-306.1
§3–306.
Status: in_force

§3–306.1.

In view of the safeguards provided by this subtitle through State units, and to assure the controlling effect of their determinations, any property certified as a suitable site by the Secretary of Natural Resources and placed in inventory as provided in this subtitle or any sites acquired and placed in inventory as provided in this subtitle shall be used and operated for electric generating and associated on-site transmission purposes without regard to any local zoning rule, regulation, law, or ordinance, and this use is not required to be submitted to or approved by any county or municipal zoning board, authority, or unit.
Md. Code, Labor and Employment § 3-1705 — MD Code / Article gle / Title 3 / Subtitle 17 / Section 3-1705
§3–1705.
Status: in_force

(a) During an emergency, if an essential worker or any other worker has contracted the communicable disease that is the subject of the emergency at a work site, the essential employer shall take proactive steps to minimize the risk of transmission, including informing essential workers that they may have been exposed.

(b) (1) Except as provided in paragraph (2) of this subsection, if an essential worker’s health insurance coverage or other benefits do not cover the cost of testing for the communicable disease that is the subject of the emergency, during an emergency, the essential employer shall pay for testing for the communicable disease.

(2) An essential employer is not subject to the requirement under paragraph (1) of this subsection if an essential worker is able to obtain testing free of charge.

(c) (1) Subject to paragraph (2) of this subsection, each essential employer shall report all positive test results to the Maryland Department of Health.

(2) When reporting to the Maryland Department of Health, the essential employer shall:

(i) include demographic information about the essential worker; and

(ii) redact any personal identifying information to protect the identity of the essential worker.

(d) The Maryland Department of Health shall collect positive test results, categorize the results by industry, and publish the results in a format that is readily accessible to the general public.

(e) The Commissioner shall adopt regulations as necessary to carry out this section.
Md. Code, Education § 3-114 — MD Code / Article ged / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

(a) In the following counties, the members of the county board shall be elected:

(1) Allegany;

(2) Anne Arundel;

(3) Calvert;

(4) Carroll;

(5) Cecil;

(6) Charles;

(7) Dorchester;

(8) Frederick;

(9) Garrett;

(10) Howard;

(11) Kent;

(12) Montgomery;

(13) Prince George’s;

(14) Queen Anne’s;

(15) St. Mary’s;

(16) Somerset;

(17) Talbot;

(18) Washington;

(19) Wicomico; and

(20) Worcester.

(b) In Baltimore City, in accordance with § 3–108.1 of this subtitle, the members of the Baltimore City Board of School Commissioners shall be a combination of members who are elected and appointed.

(c) In Baltimore County, in accordance with Subtitle 2A of this title, the members of the county board shall be a combination of members who are elected and appointed.

(d) In Caroline County, in accordance with Subtitle 3A of this title, the members of the county board shall be a combination of members who are elected and appointed.

(e) In Harford County, in accordance with Subtitle 6A of this title, the members of the county board shall be a combination of members who are elected and appointed.

(f) An individual subject to the authority of the county board may not serve as a member of the county board. At the time of filing a certificate of candidacy for election to a county board, a person shall certify to the local board of supervisors of elections whether or not the person is subject to the authority of the county board. The Governor may not issue a commission of election to a person who has certified affirmatively and who is elected to a county board until the member–elect offers proof that the member–elect is no longer subject to the authority of the county board.

(g) The election of the county boards shall be held as provided in Subtitles 2 through 14 of this title and the Election Law Article.
Md. Code, Labor and Employment § 3-703 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-703
§3–703.
Status: in_force

An employer may not discharge an employee for participation in an activity of a civil air patrol, civil defense, volunteer fire department, or volunteer rescue squad if:

(1) the activity is in response to an emergency that the Governor declares on the request of the governing body of a county or municipal corporation; and

(2) the employee submits written proof that the participation of the employee was required.
Md. Code, Correctional Services § 3-706 — MD Code / Article gcs / Title 3 / Subtitle 7 / Section 3-706
§3–706.
Status: in_force

(a) In addition to any other deductions allowed under this subtitle, as an incentive to reduce a term of incarceration, an incarcerated individual may be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory progress in or completion of:

(1) vocational courses;

(2) other educational and training courses;

(3) workforce development training;

(4) cognitive–behavioral therapy;

(5) substance abuse therapy;

(6) life skills training; or

(7) antiviolence therapy, including anger management and conflict resolution.

(b) The deduction described in subsection (a) of this section shall be calculated:

(1) from the first day that the incarcerated individual participates in the course; and

(2) on a prorated basis for any portion of the calendar month during which the incarcerated individual participates in the course.
Md. Code, Corporations and Associations § 3-509 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-509
§3–509.
Status: in_force

(a) The Department may not accept articles of revival for record unless:

(1) Except as provided in subsection (b) of this section, all annual reports required to be filed by the corporation or which would have been required if the charter had not been forfeited are filed; and

(2) Unemployment insurance contributions, or reimbursement payments, all State and local taxes, except taxes on real estate, and all interest and penalties due by the corporation or which would have become due if the charter had not been forfeited are paid, whether or not barred by limitations.

(b) Notwithstanding subsection (a)(1) of this section, a nonstock corporation or religious corporation that files articles of revival and past–due annual reports online is required to file only the seven most recently due annual reports required to be filed by the corporation or which would have been required if the charter had not been forfeited.
Md. Code, Human Services § 3-303 — MD Code / Article ghu / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

In Montgomery County, the local director shall act as the agent of the Secretary to ensure that Montgomery County complies with responsibilities under grant agreements entered into in accordance with § 3-403 of this title.
Md. Code, Transportation § 3-515 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-515
§3–515.
Status: in_force

(a) After notification by the county, the Department shall determine the total amount of bonds that it should issue under this subtitle on behalf of participating counties, giving consideration to the amount of revenues from each county available to pay debt service on the bonds.

(b) (1) After making all necessary determinations, the Department shall notify the counties of the amount of bonds of the next series that the Department will issue on behalf of the counties.

(2) The Department shall then issue and sell that amount of bonds under this subtitle as a part of the next series of bonds and shall disburse the net proceeds of that amount of the bonds pursuant to appropriate agreements with the participating counties, after deducting the counties’ proportionate share of the cost of the issuance of the bonds and the appropriate share of the Department’s costs of administering the program established under this subtitle which is attributable to each bond issue.
Md. Code, Estates and Trusts § 3-107 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

(a) A child of the decedent who is conceived before the death of the decedent, but born afterwards shall inherit as if the child had been born in the lifetime of the decedent.

(b) No other after–born relation may be considered as entitled to distribution in the relation’s own right unless:

(1) The decedent had consented in a written record to use of the decedent’s genetic material for posthumous conception in accordance with the requirements of § 20–111 of the Health – General Article;

(2) The decedent consented in a written record to be the parent of a child posthumously conceived using the person’s genetic material; and

(3) The child posthumously conceived using the decedent’s genetic material is born within 2 years after the death of the decedent.
Md. Code, Correctional Services § 3-506 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-506
§3–506.
Status: in_force

(a) (1) The Chief Executive Officer:

(i) shall determine the personnel requirements of Maryland Correctional Enterprises;

(ii) is the appointing authority for all personnel of Maryland Correctional Enterprises; and

(iii) may hire individuals and incarcerated individuals consistent with existing policies and procedures of Maryland Correctional Enterprises as of July 1, 2012.

(2) The number of positions for Maryland Correctional Enterprises shall be included within the total personnel allocations provided for the Department.

(b) Special appointment positions in Maryland Correctional Enterprises are managerial, supervisory, and confidential positions.
Md. Code, Correctional Services § 3-516 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-516
§3–516.
Status: in_force

(a) Except as authorized under subsection (b) of this section, goods and services of Maryland Correctional Enterprises may not be sold on the open market.

(b) Goods and services of Maryland Correctional Enterprises may be sold on the open market:

(1) if they are produced or provided by an individual on parole or in a work release program;

(2) if the sale is made to a charitable, civic, educational, fraternal, or religious agency, association, or institution for its own use and not for resale within 1 year of the purchase;

(3) to a person for national defense purposes if not prohibited by an act of Congress;

(4) if they are surplus goods remaining after meeting the forecasted requirements of units of State government and political subdivisions and the goods remain unsold 1 year after being produced;

(5) for use by a contractor or subcontractor in performance of a contract with a unit of State government or any other governmental unit in the State;

(6) as allowed under the Private Sector/Prison Industry Enhancement Certification Program of the United States Department of Justice, Bureau of Justice Assistance; or

(7) if they are related to the preparation or distribution of food or services related to agriculture or seafood processing, when the following conditions are met:

(i) the State labor pools are diminished; and

(ii) it has been determined that incarcerated individual labor is the available source.

(c) (1) The Secretary and the Secretary of Labor shall adopt regulations that specify how to determine the need for incarcerated individual labor under subsection (b)(7) of this section.

(2) Wages paid to incarcerated individuals under subsection (b)(7) of this section may not be less than wages paid for similar work in the private sector of the same locality as determined by the Secretary of Labor.

(3) Incarcerated individual labor under subsection (b)(7) of this section applies only to incarcerated individuals at the minimum, prerelease, and work release security levels.
Md. Code, Criminal Procedure § 3-116 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-116
§3–116.
Status: in_force

(a) Within 10 days after the hearing ends, the Office shall prepare a report of recommendations to the court that contains:

(1) a summary of the evidence presented at the hearing;

(2) recommendations of the Office as to whether the committed person proved, by a preponderance of the evidence, eligibility for conditional release or eligibility for discharge; and

(3) if the Office determines that the committed person proved eligibility for conditional release, the recommended conditions of the release in accordance with subsection (b) of this section.

(b) In recommending the conditions of a conditional release, the Office shall give consideration to any specific conditions recommended by the facility of the Health Department that has charge of the committed person, the committed person, or counsel for the committed person.

(c) The Office shall send copies of the report of recommendations:

(1) to the committed person;

(2) to counsel for the committed person;

(3) to the State’s Attorney;

(4) to the court; and

(5) to the facility of the Health Department that has charge of the committed person.

(d) The committed person, the State’s Attorney, or the Health Department may file exceptions to the report of the Office within 10 days after receiving the report.
Md. Code, Courts and Judicial Proceedings § 3-1104 — MD Code / Article gcj / Title 3 / Subtitle 11 / Section 3-1104
§3–1104.
Status: in_force

(a) If a county or municipality purchased any personal protective equipment or chemicals for the use of a volunteer fire company, volunteer rescue squad, or volunteer ambulance company, any reimbursement under this subtitle for the expense of an emergency response, containment, cleanup, and abatement shall be paid to the county or municipality that supplied the equipment or chemicals.

(b) If a volunteer fire company, volunteer rescue squad, or volunteer ambulance company purchases any personal protective equipment or chemicals for the use of the volunteer fire company, volunteer rescue squad, or volunteer ambulance company, any reimbursement under this subtitle for the expense of an emergency response, containment, cleanup, and abatement shall be paid to the volunteer fire company, volunteer rescue squad, or volunteer ambulance company that supplies the equipment or chemicals.

(c) If an individual who works for a volunteer fire company, volunteer rescue squad, or volunteer ambulance company paid for the individual’s personal protective equipment, then the individual shall receive any reimbursement obtained under this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-706 — MD Code / Article gcj / Title 3 / Subtitle 7 / Section 3-706
§3–706.
Status: in_force

(a) If a person is released or discharged by a judge under the writ of habeas corpus on the ground that the law under which the person was convicted is unconstitutional, in whole or in part, the judge shall file a memorandum within five days after the release or discharge and transmit it with original papers in the case to the clerk of the Appellate Court of Maryland.

(b) (1) The Appellate Court of Maryland shall consider the memorandum and the original papers at the earliest feasible time and render its opinion.

(2) The opinion has the same effect as an opinion filed in a case formally heard and determined by the court on an appeal.
Md. Code, Natural Resources § 3-103.1 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-103.1
§3–103.
Status: in_force

§3–103.1.

(a) The staff of the Service shall consist of such employees as the Service may determine are necessary to carry out the duties of the Service.

(b) (1) The Service shall adopt regulations to govern the employees of the Service.

(2) The Service shall, in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, establish a personnel system that:

(i) Is based on merit and compensates employees based on performance;

(ii) Includes fair and equitable procedures for the redress of grievances and for the hiring, promotion, discipline or discharge for just cause, and laying off of employees; and

(iii) Allows State employees who are employed by the Service prior to July 1, 1993, and members of the State retirement or pension systems to continue membership in the Employees’ Retirement System of the State of Maryland or the Employees’ Pension System of the State of Maryland.

(3) (i) The Service shall be liable for and shall pay to the State Retirement Agency the employer’s share of employee retirement or pension costs for Service employees who participate in the State retirement or pension systems, as provided in Title 21, Subtitle 3 of the State Personnel and Pensions Article.

(ii) The Service shall be liable for and shall pay the employer’s share of health insurance costs for Service employees.

(4) For each open position in the Service that is not assigned to a project, the Service shall reasonably advertise, conduct a search, and conduct a competitive interview process.

(5) In carrying out the requirements of this subsection, the Service may:

(i) Create or abolish any position other than one specifically provided for in this subtitle;

(ii) Determine employee qualifications, appointment and removal procedures, terms of employment including compensation, benefits, holiday schedules, and leave policies, and any other matter concerning employees; and

(iii) Subject to the provisions of subsection (c) of this section, take such actions that are necessary for the transition to a new personnel system.

(c) (1) All State employees who are employed by the Service prior to July 1, 1993, shall be provided the opportunity to transfer to the Service’s new personnel system without loss of pay. All nonstate employees of the Service employed prior to July 1, 1993, shall be members of the new personnel system.

(2) All persons hired by the Service on or after July 1, 1993, shall be members of the new personnel system.

(3) State employees who transfer to the Service’s new personnel system shall, unless fairly compensated for the leave by the Service, retain vacation leave, sick leave, and personal and compensatory leave earned prior to the date of transfer until the time that the leave would normally expire under the regulations adopted under the State Personnel and Pensions Article.

(4) The Executive Director and the Secretary of Personnel will use their combined resources to facilitate, prior to January 1, 1995, the placement, reassignment, or transfer of Service State employees who elect not to transfer to the new personnel system.

(5) Classified State employees who elect not to transfer to the new personnel system shall retain all rights and privileges of the State Personnel Management System until January 1, 1995.

(6) State employees who are not classified in the State Personnel Management System who elect not to transfer to the new personnel system shall retain such rights and privileges as existed on July 1, 1993, until January 1, 1995.

(7) The Service shall permit continuation of the rights of employee organizations in existence on July 1, 1993, to represent employees and to collect union dues through a checkoff system.

(8) Employees of the Service may enter into binding collective bargaining agreements establishing wages, hours, pension rights, or working conditions in accordance with the provisions of Title 3 of the State Personnel and Pensions Article.
Md. Code, Natural Resources § 3-2A-14 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-14
§3–2A–14.
Status: in_force

(a) The Trust shall report on or before September 1 of each year to the Governor, the budget committees of the General Assembly, and the Department of Legislative Services on the status of the Grant Fund as of the end of the previous fiscal year.

(b) The Trust’s report shall include:

(1) The total amounts of funds expended;

(2) The total amounts of funds committed;

(3) The total amounts of funds remaining;

(4) A list of projects for which funds have been expended or are committed;

(5) A projection of projects in the near future for which grants will be made;

(6) An assessment of which grants are expected to be fully or partially reimbursable to the Grant Fund;

(7) An evaluation of the program’s effectiveness; and

(8) Projections as to future funding needs.
Md. Code, Agriculture § 3-108 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

When any animal is slaughtered under the provisions of this subtitle, the owner may dispose of the carcass or any part of it, the hides, and offal, pursuant to the departmental rules and regulations, and in a manner that does not tend to spread disease or endanger the public health.
Md. Code, General Provisions § 3-202 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) (1) The Board consists of three members.

(2) At least one of the members shall be an attorney admitted to the Maryland Bar.

(3) The Governor shall appoint the members with the advice and consent of the Senate.

(b) From among the members of the Board, the Governor shall appoint a chair.

(c) (1) The term of a member is 3 years.

(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2014.

(3) At the end of a term, a member continues to serve until a successor is appointed.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.

(5) A member may not serve for more than two consecutive 3–year terms.
Md. Code, Election Law § 3-303 — MD Code / Article gel / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) Notification of a change of party affiliation or a change to or from a decline may be made:

(1) by information provided on a voter registration application by the same methods provided for registration under Subtitle 2 of this title;

(2) by written notice, signed by the voter and sent by mail or otherwise delivered to the local board in the county where the voter’s current voter registration address is located or to which the voter has moved;

(3) by making application in person at the office of the local board in the county where the voter’s current voter registration address is located or to which the voter has moved;

(4) by information on a voter authority card or other appropriate form filled out in a polling place; or

(5) by changing a name or address with the Motor Vehicle Administration.

(b) Party affiliation changes or changes to or from a decline:

(1) shall be processed at any time that registration is open; and

(2) except as provided in subsection (c) of this section, may not be processed when registration is closed.

(c) If a local board receives a request for a party affiliation change after the close of registration, the local board shall make the change and it shall become effective for the next election provided:

(1) there is sufficient evidence, as determined by the local boards pursuant to regulations adopted by the State Board, that the request was mailed on or before the close of registration for that election; or

(2) the request was submitted by the voter to the Motor Vehicle Administration, a voter registration agency, another local board, or the State Board on or before the close of registration for that election.
Md. Code, Courts and Judicial Proceedings § 3-2601 — MD Code / Article gcj / Title 3 / Subtitle 26 / Section 3-2601
§3–2601.
Status: in_force

(a) In this subtitle the following words have the meanings indicated.

(b) (1) “Common carrier” means a person that is engaged in the public transportation of persons for hire by land.

(2) “Common carrier” includes:

(i) A car company, a motor vehicle company, an automobile company, or a motor bus company;

(ii) A railroad company, street railroad company, or sleeping car company; and

(iii) A transit company.

(3) “Common carrier” does not include any entity owned by the State or a local government.

(c) “Public infrastructure” means a bridge or highway owned, controlled, or maintained by the State or a county or municipal government.
Md. Code, Labor and Employment § 3-206 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) A parent or guardian of a minor may apply for a work permit by completing an online application that includes:

(1) verification of the minor’s age;

(2) a description of the work to be performed by the minor;

(3) approval by the parent or guardian of the minor’s employment; and

(4) any other information the Commissioner may require.

(b) After reviewing an online application for a work permit, the Commissioner may issue the permit if the employment is allowed under this subtitle for the minor for whom the permit is sought.

(c) (1) The Commissioner may issue a work permit that authorizes a minor to be employed in an occupation that otherwise would be restricted under § 3–213 of this subtitle, if the minor:

(i) is exempted, under § 7–301(d)(2)(i) of the Education Article, from attendance in public school because the emotional, mental, or physical condition of the minor makes instruction detrimental to the progress of the minor;

(ii) is to be employed only in office work;

(iii) is to be employed in work that is performed outside of all rooms where goods are manufactured or processed; or

(iv) is to be employed in work that a county school system obtains and supervises as part of a work–study, student–learner, or similar program for which the employment is an integral part of the course of study.

(2) The Commissioner shall issue a work permit that authorizes a minor to be employed:

(i) in an occupation that otherwise would be restricted under § 3–213 of this subtitle if the minor is granted an exception by the Commissioner because, after investigation, the Commissioner determines that neither the work nor the work site where the work is to be performed is hazardous to the minor; or

(ii) in an occupation that otherwise would be restricted under § 3–213(c)(1) or (2) of this subtitle, if the minor:

1. has completed a course of study in that occupation at an accredited school and has been graduated from the school; or

2. is granted an exception by the Commissioner because employment in that occupation is part of a work–study, student–learner, or apprentice program under a federal, State, or local governmental agency.

(d) (1) Subject to paragraph (2) of this subsection, the Commissioner shall release the name, home address, and telephone number of a minor who is at least 16 years old and has a work permit to the following organizations that request and have registered with the Department for the purpose of receiving the information:

(i) employers and apprenticeship sponsors;

(ii) educational programs and institutions; and

(iii) local workforce development boards that have systems to share the information with employers, apprenticeship sponsors, and educational programs and institutions that register with the local workforce development board for the purpose of receiving the information.

(2) The Commissioner may release information relating to a minor only if a parent or guardian of the minor or the minor elects to allow the sharing of the information.

(3) The Department shall adopt regulations necessary to carry out this subsection, including the process by which a parent or guardian of the minor or the minor may opt in to the sharing of information under paragraph (2) of this subsection.
Md. Code, Courts and Judicial Proceedings § 3-8A-32 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-32
§3–8A–32.
Status: in_force

(a) In addition to any requirements relating to the appointment of counsel for children, at any time during the pendency of any action under this subtitle, where it appears to the court that the protection of the rights of a child requires independent representation, the court may, upon its own motion, or the motion of any party to the action, appoint an attorney to represent the interest of the child in that particular action. Such actions include but are not limited to those involving a child in need of supervision, delinquent child, or mentally handicapped child.

(b) (1) Except as provided in paragraph (2) of this subsection, compensation for the services of the attorney under this section may be assessed against any party or parties to the action.

(2) Compensation for the services of an attorney under this section may not be assessed against a parent, guardian, custodian, or child in a delinquency proceeding.
Md. Code, Estates and Trusts § 3-403 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

The surviving spouse may elect to take an elective share of an estate subject to election as follows:

(1) If there is surviving issue, the elective share shall equal one–third of the value of the estate subject to election, reduced by the value of all spousal benefits; or

(2) If there is no surviving issue, the elective share shall equal one–half of the value of the estate subject to election, reduced by the value of all spousal benefits.
Md. Code, Labor and Employment § 3-911 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-911
§3–911.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, an individual who has not been properly classified as an employee may bring a civil action for economic damages against the employer for any violation of this subtitle.

(2) An individual may not bring a civil action under this section if a final order of an administrative unit or of a court has been issued under § 3–906 of this subtitle.

(b) An action filed under this section shall be filed within 3 years after the date the cause of action accrues.

(c) If the court determines that an individual or class of individuals is entitled to judgment in an action against an employer filed in accordance with this section, the court may award each individual:

(1) any damages to which the individual may be entitled under subsection (a) of this section;

(2) an additional amount up to three times the amount of any such damages, if the employer knowingly failed to properly classify the individual;

(3) reasonable counsel fees and other costs of the action; and

(4) any other appropriate relief.
Md. Code, Courts and Judicial Proceedings § 3-2503 — MD Code / Article gcj / Title 3 / Subtitle 25 / Section 3-2503
§3–2503.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, the Attorney General, a county attorney, or the Baltimore City Solicitor may bring an action against a firearm industry member for a public nuisance caused by a violation of § 3–2502 of this subtitle.

(2) In an action brought under this subsection, the Attorney General, county attorney, or Baltimore City Solicitor may seek:

(i) Injunctive relief;

(ii) Restitution;

(iii) Compensatory and punitive damages;

(iv) Reasonable attorney’s fees and costs; and

(v) Any other appropriate relief.

(b) A party seeking relief under this section is not required to prove that a firearm industry member acted with the intent to violate this subtitle.
Md. Code, Labor and Employment § 3-1502 — MD Code / Article gle / Title 3 / Subtitle 15 / Section 3-1502
§3–1502.
Status: in_force

(a) This subtitle does not:

(1) prohibit an employer from making an inquiry or taking other action that the employer is required to take or is expressly authorized to take by another applicable federal or State law; or

(2) apply to an employer that provides programs, services, or direct care to minors or to vulnerable adults.

(b) This subtitle may not be construed to preempt a local jurisdiction from enacting or enforcing a law that is more restrictive with respect to criminal record screening practices of employers in the local jurisdiction.
Md. Code, Courts and Judicial Proceedings § 3-2007 — MD Code / Article gcj / Title 3 / Subtitle 20 / Section 3-2007
§3–2007.
Status: in_force

This subtitle does not affect:

(1) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or

(2) The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or an adult under State law.
Md. Code, Corporations and Associations § 3-302 — MD Code / Article gca / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) If the property and franchises of a Maryland corporation are sold under a court order or under a mortgage or deed of trust, a Maryland corporation organized for the purpose of continuing the operations of the original corporation may acquire the property or franchises.

(b) With respect to this property, the purchasing corporation has the same rights, privileges, and franchises and is subject to the same limitations, restrictions, and liabilities with respect to the exercise of these rights, privileges, or franchises as the original corporation.
Md. Code, Labor and Employment § 3-1602 — MD Code / Article gle / Title 3 / Subtitle 16 / Section 3-1602
§3–1602.
Status: in_force

(a) The General Assembly finds that:

(1) low wages of employees at a heightened security interest location can be a substantial factor in the inability of these locations to attract or retain experienced and trained employees; and

(2) high turnover rates and inexperience of many employees at a heightened security interest location that result from low wages can hinder the ability of the employees to respond to emergency situations and put at risk the safety, security, and welfare of the residents of the State.

(b) The purpose of this subtitle is to set a higher wage standard for employees working at a heightened security interest location to promote the safety, security, and welfare of the residents of the State by:

(1) ensuring that employers at a heightened security interest location can attract and retain experienced and trained workers;

(2) increasing employee preparedness and improving the ability of employees to assist in emergency responses and evacuations;

(3) safeguarding employers and employees against unfair competition that compromises safety;

(4) providing a maintenance level that increases employee efficiency, general well–being, and health; and

(5) protecting the vitality of a heightened security interest location through improvements to the experience, training, and efficacy of employees in terms of safety and security.
Md. Code, State Government § 3-304 — MD Code / Article gsg / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

The Governor has the emergency powers and duties set forth in:

(1) Title 14 and § 13-702 of the Public Safety Article;

(2) § 18-212.1 of the Health - General Article; and

(3) any other law.
Md. Code, Business Occupations and Professions § 3-404 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

(a) To qualify for a permit, a corporation, limited liability company, or partnership shall meet the requirements of this section.

(b) (1) At least two-thirds of the directors of a corporation shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.

(2) (i) At least two-thirds of the partners of a partnership shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.

(ii) If the partnership is a limited partnership, at least two-thirds of the general partners of the limited partnership shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.

(3) At least two-thirds of the members of a limited liability company shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.

(c) (1) A corporation, limited liability company, or partnership shall have appointed at least 1 responsible member of the corporation, limited liability company, or partnership.

(2) A responsible member shall be in charge of architecture practiced through the corporation, limited liability company, or partnership.

(3) Each responsible member shall be:

(i) a director or an officer of a corporation, a member of a limited liability company, or a general partner of a partnership; and

(ii) a licensed architect.
Md. Code, Financial Institutions § 3-211.1 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-211.1
§3–211.
Status: in_force

§3–211.1.

(a) In this section, “receivership” means a proceeding in which:

(1) The Commissioner takes possession of a nondepository trust company in accordance with § 5–601, § 5–602, or § 5–602.1 of this article; and

(2) A receiver is appointed in accordance with § 5–605 of this article.

(b) (1) A nondepository trust company shall pledge securities or deliver a surety bond to the Commissioner, for the benefit of the Commissioner, to defray the costs of a receivership.

(2) The amount of the securities or surety bond shall be determined by the Commissioner in an amount that the Commissioner deems appropriate to defray such costs, but in no event shall the amount exceed:

(i) $1,000,000 for a nondepository trust company with a composite rating, using the Uniform Interagency Trust Rating System, of 1 or 2; or

(ii) $3,000,000 for a nondepository trust company with a composite rating, using the Uniform Interagency Trust Rating System, of 3, 4, or 5.

(c) Subject to the provisions of Title 5, Subtitle 6 of this article, in the event of a receivership, the Commissioner or a receiver appointed under § 5–605 of this article may, without regard to any priorities, preferences, or adverse claims, reduce the pledged securities or the surety bond to cash and use the cash to defray the costs associated with the receivership.

(d) (1) If a nondepository trust company chooses to pledge securities to satisfy the requirement of subsection (b) of this section, the securities shall be held at a depository institution or a federal reserve bank approved by the Commissioner.

(2) The Commissioner may specify the types of securities that may be pledged.

(3) Any fees associated with holding pledged securities shall be the responsibility of the nondepository trust company.

(4) Securities pledged by a nondepository trust company may not be assets relied on by the nondepository trust company to meet the minimum capital requirements of § 3–209 of this subtitle.

(5) Any income earned on securities pledged by a nondepository trust company:

(i) Shall be paid to the nondepository trust company; and

(ii) May not be held by the Commissioner.

(e) (1) If a nondepository trust company chooses to purchase a surety bond to satisfy the requirement of subsection (b) of this section, the surety bond shall be issued by a bonding company that:

(i) Is authorized to do business in this State; and

(ii) Has a rating in one of the three highest grades as determined by a national rating service.

(2) The surety bond shall be in a form approved by the Commissioner.

(3) A nondepository trust company may not obtain a surety bond from any affiliate, as defined in § 5–401 of this article.
Md. Code, Insurance § 3-305 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

A report, affidavit, or return that must be filed under this subtitle complies with the filing requirement if the report, affidavit, or return is:

(1) mailed and postmarked by the United States Postal Service on or before the filing date;

(2) delivered on or before the filing date to a private delivery service recognized by the Commissioner, if the delivery is evidenced by a receipt; or

(3) transmitted electronically on or before the filing date in a manner approved by the Commissioner.
Md. Code, Labor and Employment § 3-306 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) On request of an employer, the Commissioner shall provide without charge a copy of this subtitle to the employer.

(b) Each employer shall keep posted conspicuously in each place of employment a copy of this subtitle.

(c) The Commissioner, in consultation with the Maryland Commission on Civil Rights, shall develop educational materials and make training available to assist employers in adopting training, policies, and procedures that comply with the requirements of this subtitle.
Md. Code, Labor and Employment § 3-602 — MD Code / Article gle / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

This subtitle does not apply to an individual who is considered under the Maryland Wage Payment and Collection Law to be employed by a principal.
Md. Code, Commercial Law § 3-113 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-113
§3–113.
Status: in_force

(a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in § 4-401(c), an instrument payable on demand is not payable before the date of the instrument.

(b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.
Md. Code, Natural Resources § 3-604 — MD Code / Article gnr / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

In order to carry out the policy of this subtitle, the Secretary of Natural Resources shall:

(1) On his or the Governor’s determination that the State’s interest should be considered in an application proceeding under the federal act, request the federal Secretary to designate the State of Maryland as an “adjacent coastal state”. The request shall be communicated only with the approval of the Governor and shall include evidence to support the conclusion that there is a risk of damage to the coastal environment of the State equal to or greater than the risk posed to a state directly connected by pipeline to the proposed deepwater port. A request shall be communicated in accordance with § 9(a)(2) of the federal act;

(2) Determine and collect reimbursement for those costs to the State associated with the processing of an application for which the applicant is responsible to the State under the federal act;

(3) Present the views of the State to the federal Secretary, other than those required under item (1) of this section, regarding the location, construction and operation of a deepwater port;

(4) Request all documents, reports or other information from the federal Secretary under the federal act which are necessary to assist the State in the processing of an application;

(5) Set reasonable fees permitted under the federal act for the use of a deepwater port facility and State land–based facilities directly related to a deepwater port facility; and

(6) Obtain the suggestions and comments of those departments having responsibility associated with the duties enumerated in this section.
Md. Code, Corporations and Associations § 3-503 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: reserved

(a) (1) Except with respect to a tax collectable locally, immediately after September 30 of each year, the State Comptroller shall certify to the Department a list of every Maryland corporation which has not paid a tax due before October 1 of the year after the tax became due.

(2) When the Comptroller certifies the list to the Department, the Comptroller shall mail to each listed corporation, at its address as it appears on the Comptroller’s records, a notice that its charter will be repealed, annulled, and forfeited unless all taxes, interest, and penalties due by it are paid.

(3) The mailing of the notice is sufficient, and the failure of any corporation to receive the notice mailed to it does not affect the repeal, annulment, and forfeiture of its charter.

(b) (1) Immediately after September 30 of each year, the Secretary of Labor shall certify to the Department a list of every Maryland corporation that has not paid an unemployment insurance contribution or made a reimbursement payment due before October 1 of the year after the contribution or payment became due.

(2) When the Secretary certifies the list to the Department, the Secretary shall mail to each listed corporation, at its address as it appears on the Secretary’s records, a notice that the charter of the corporation will be repealed, annulled, and forfeited unless all contributions, reimbursement payments, interest, and penalties due by the corporation are paid.

(3) The mailing of the notice is sufficient, and the failure of any corporation to receive the notice mailed to it does not affect the repeal, annulment, and forfeiture of the charter of the corporation.

(c) Immediately after September 30 of each year, the Department shall certify a list of every Maryland corporation which has not filed an annual report with the Department for the prior year as required by law or has not paid a tax before October 1 of the year after the report was required to be filed or the taxes were due.

(d) After the lists are certified, the Department shall issue a proclamation declaring that the charters of the corporations are repealed, annulled, and forfeited, and the powers conferred by law on the corporations are inoperative, null, and void as of the date of the proclamation, without proceedings of any kind either at law or in equity.
Md. Code, Education § 3-105 — MD Code / Article ged / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) Subsections (b), (c), and (d) of this section do not apply to a county if the number of members of the county board is regulated by other provisions of this title.

(b) If a county school system has an enrollment of less than 50,000 students, the county board shall have five members, except that:

(1) The Worcester County Board shall have the number of members provided in subsection (e) of this section; and

(2) Any county board that had more than five members on July 1, 1969, shall retain that number of members.

(c) If a county school system has an enrollment of 50,000 students or more but less than 100,000 students, the county board shall have seven members.

(d) If a county school system has an enrollment of 100,000 students or more, the county board shall have nine members except as provided in § 3–901 of this title for Montgomery County and § 3–1002 of this title for Prince George’s County.

(e) The Worcester County Board consists of seven voting members and one nonvoting student member from each public high school in the county.
Md. Code, Correctional Services § 3-514 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-514
§3–514.
Status: in_force

(a) The Commissioner and Chief Executive Officer shall establish the compensation rate for incarcerated individual labor in Maryland Correctional Enterprises, taking into consideration other wage payments and incentives in other programs.

(b) After review by the Management Council, and after consideration of any recommendation by the Chief Executive Officer, the Commissioner shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article that govern the method and time of compensation payments.
Md. Code, Criminal Procedure § 3-120 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-120
§3–120.
Status: in_force

(a) (1) If at any time the Health Department considers that a committed person is eligible for conditional release, the Health Department may apply for the conditional release to the court that committed the person.

(2) The Health Department shall send a copy of the application for conditional release:

(i) to the committed person;

(ii) to counsel for the committed person; and

(iii) to the State’s Attorney, by certified mail, return receipt requested.

(b) Within 30 days after receipt of the application from the Health Department, the court shall issue an order that is in accordance with § 3–114 of this title for:

(1) continued commitment; or

(2) conditional release under the conditions it imposes after giving consideration to the recommendations of specific conditions from the Health Department.

(c) If the court orders a conditional release of the committed person under this section, the committed person, the State’s Attorney, or the Health Department may apply for a revocation, change, or extension under § 3–122 of this title.

(d) (1) An appeal from a District Court order shall be on the record in circuit court.

(2) An appeal from a circuit court order shall be by application for leave to appeal to the Appellate Court of Maryland.
Md. Code, Correctional Services § 3-803 — MD Code / Article gcs / Title 3 / Subtitle 8 / Section 3-803
§3–803.
Status: in_force

(a) (1) The Division shall designate correctional facilities in the Division to house incarcerated individuals in the work–release program established under § 3–801 of this subtitle.

(2) If the designated facilities are not reasonably near the place of employment of an incarcerated individual who is in the work–release program, the Division may contract with a political subdivision of the State to house the incarcerated individual in a suitable local correctional facility.

(3) The Commissioner shall include as a specific term or condition of an incarcerated individual’s work–release plan the place where the incarcerated individual is to be confined when not released under the work–release program.

(b) (1) An incarcerated individual who is released from actual confinement under a work–release plan may not willfully fail to return to the designated place of confinement at the designated times.

(2) An incarcerated individual who knowingly violates paragraph (1) of this subsection is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
Md. Code, Natural Resources § 3-307 — MD Code / Article gnr / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

Judicial review shall in all instances include the right to appeal to the circuit courts as set forth in Title 3, Subtitle 2 of the Public Utilities Article.
Md. Code, Natural Resources § 3-209 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

Each State political subdivision, by appropriate action of its respective legislative body, may appoint a subcommittee to cooperate with, and work under, the guidance and control of the trustees of the Trust to further the objectives of the Trust at the local level.
Md. Code, Natural Resources § 3-911 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-911
§3–911.
Status: in_force

(a) Bonds may be secured by a trust agreement by and between the Authority and a corporate trustee, which may be any trust company or bank having trust powers, within or without the State. Such trust agreement may pledge or assign all or any part of the revenues of the Authority or of any project, and may mortgage or grant a lien on or security interest in any project or any part thereof. Any such trust agreement or resolution authorizing the issuance of bonds may contain such provisions for the protection and enforcement of the rights and remedies of the bondholders as may be deemed reasonable and proper, including covenants setting forth the duties of the Authority in relation to the acquisition or construction of any project, the extension, enlargement, improvement, maintenance, operation, repair and insurance of any project and the custody, safeguarding and application of money and may contain provisions for the employment of consulting engineers and other experts in connection with the construction or operation of any project. It shall be lawful for any bank or trust company incorporated under the laws of this State which may act as depository of the proceeds of the bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Authority. Such trust agreement may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action by bondholders. In addition to the foregoing, such trust agreement may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders, including (without limitation) covenants to abandon, restrict, or prohibit the construction or operation of competing facilities and covenants pertaining to the issuance of additional parity bonds upon conditions stated therein consistent with the requirements of this subtitle. All expenses incurred in carrying out the provisions of any such trust agreement may be treated as a part of the cost of any project or projects in connection with which such bonds shall have been issued.

(b) The proceeds of the sale of bonds shall be paid to the trustee under any trust agreement securing such bonds and shall be disbursed in such manner and under such restrictions, if any, as may be provided in such trust agreement.
Md. Code, Economic Development § 3-107 — MD Code / Article gec / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

A member of the Board who is a member of the General Assembly may not vote on a matter before the Board that relates to the exercise of a sovereign power of the State.
Md. Code, Courts and Judicial Proceedings § 3-1505 — MD Code / Article gcj / Title 3 / Subtitle 15 / Section 3-1505
§3–1505.
Status: in_force

(a) A respondent shall have an opportunity to be heard on the question of whether the judge should issue a final peace order.

(b) (1) (i) The temporary peace order shall state the date and time of the final peace order hearing.

(ii) Except as provided in § 3–1504(c) of this subtitle, or unless continued for good cause, the final peace order hearing shall be held no later than 7 days after the temporary peace order is served on the respondent.

(2) The temporary peace order shall include notice to the respondent:

(i) In at least 10–point bold type, that if the respondent fails to appear at the final peace order hearing, the respondent may be served by first–class mail at the respondent’s last known address with the final peace order and all other notices concerning the final peace order;

(ii) Specifying all the possible forms of relief under subsection (d) of this section that the final peace order may contain;

(iii) That the final peace order shall be effective for the period stated in the order, not to exceed 6 months; and

(iv) In at least 10–point bold type, that the respondent must notify the court in writing of any change of address.

(c) (1) If the respondent appears for the final peace order hearing, has been served with an interim peace order or a temporary peace order, or the court otherwise has personal jurisdiction over the respondent, the judge:

(i) May proceed with the final peace order hearing; and

(ii) If the judge finds by a preponderance of the evidence that the respondent has committed, and is likely to commit in the future, an act specified in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee, or if the respondent consents to the entry of a peace order, may issue a final peace order to protect the petitioner or the petitioner’s employee.

(2) A final peace order may be issued only to an individual who has filed a petition under § 3–1503 of this subtitle.

(3) In cases where both parties file a petition under § 3–1503 of this subtitle, the judge may issue mutual peace orders if the judge finds by a preponderance of the evidence that each party has committed, and is likely to commit in the future, an act specified in § 3–1503(a) of this subtitle against the other party.

(d) (1) The final peace order may include any or all of the following relief:

(i) Order the respondent to refrain from committing or threatening to commit an act specified in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee;

(ii) Order the respondent to refrain from contacting, attempting to contact, or harassing the petitioner or the petitioner’s employee;

(iii) Order the respondent to refrain from entering the residence of the petitioner or the petitioner’s employee;

(iv) Order the respondent to remain away from the place of employment, school, or temporary residence of the petitioner or the petitioner’s employee;

(v) Direct the respondent or petitioner to participate in professionally supervised counseling or, if the parties are amenable, mediation;

(vi) Order either party to pay filing fees and costs of a proceeding under this subtitle; and

(vii) For an act of visual surveillance, order the respondent to:

1. Remove or reposition a device being used for visual surveillance within 15 days after issuance of a final peace order under this section; and

2. Refrain from further visual surveillance.

(2) If the judge issues an order under this section, the order shall contain only the relief that is minimally necessary to protect the petitioner or the petitioner’s employee.

(e) (1) A copy of the final peace order shall be served on the petitioner, the petitioner’s employee, the respondent, the appropriate law enforcement agency, and any other person the court determines is appropriate, in open court or, if the person is not present at the final peace order hearing, by first–class mail to the person’s last known address.

(2) (i) A copy of the final peace order served on the respondent in accordance with paragraph (1) of this subsection constitutes actual notice to the respondent of the contents of the final peace order.

(ii) Service is complete upon mailing.

(f) All relief granted in a final peace order shall be effective for the period stated in the order, not to exceed 6 months.
Md. Code, Business Occupations and Professions § 3-308 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

While a license is in effect, it authorizes the licensee to practice architecture.
Md. Code, Courts and Judicial Proceedings § 3-2A-05 — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-05
§3–2A–05.
Status: reserved

(a) (1) Except as provided under paragraph (2) of this subsection, all issues of law shall be referred by the Director to the panel chairman. All issues of fact shall be referred by the Director to the arbitration panel.

(2) Where a panel chairman has not been appointed or is temporarily unable to serve, and the Director is admitted to the Maryland Bar, the Director may rule on all issues of law arising prior to hearing that are not dispositive of the case and shall include the assessment of costs.

(b) (1) The provisions of §§ 3–212 through 3–217 of this title are applicable to proceedings under this subtitle.

(2) Except for the provisions of the Maryland Rules relating to time for the completion of discovery, the provisions of the Maryland Rules relating to discovery are applicable to proceedings under this subtitle. All discovery in any action under this subtitle shall be completed within 270 days from the date on which all defendants have been served, unless extended by the panel chairman for good cause shown.

(3) Properly authenticated hospital records and the records of treating health care providers are admissible without the necessity of calling the physician, subject to reasonable notice and the right of the opposing party to depose.

(c) The attorney member of the panel shall be chairman and he shall decide all prehearing procedures including issues relating to discovery and motions in limine. The chairman shall rule in camera on any motion in limine.

(d) A party may not present testimony from more than 2 experts in a designated specialty before an arbitration panel unless the panel chairman, for good cause shown, permits additional experts.

(e) (1) The arbitration panel shall first determine the issue of liability with respect to a claim referred to it.

(2) If the arbitration panel determines that the health care provider is not liable to the claimant or claimants the award shall be in favor of the health care provider.

(3) If the arbitration panel determines that a health care provider is liable to the claimant or claimants, it shall then consider, itemize, assess, and apportion appropriate damages against one or more of the health care providers that it has found to be liable.

(4) The award shall itemize by category and amount any damages assessed for incurred medical expenses, rehabilitation costs, and loss of earnings. Damages assessed for any future expenses, costs, and losses shall be itemized separately.

(f) (1) The award shall include an assessment of costs, including the arbitrators’ fees.

(2) If there is no panel determination, the panel chairman shall assess costs.

(3) The party who pays the costs shall receive a credit for the filing fee the party pays under § 3–2A–03A(b) of this subtitle.

(g) (1) The arbitration panel shall make its award and deliver it to the Director in writing within 1 year from the date on which all defendants have been served and within 10 days after the close of the hearing.

(2) The Director shall cause a copy of it to be served on each party within 15 days of having received it from the arbitration panel.

(h) (1) A party may apply to the arbitration panel to modify or correct an award as to liability, damages, or costs in accordance with § 3–222 of this title.

(2) (i) The application may include a request that damages be reduced to the extent that the claimant has been or will be paid, reimbursed, or indemnified under statute, insurance, or contract for all or part of the damages assessed.

(ii) The panel chairman shall receive such evidence in support and opposition to a request for reduction, including evidence of the cost to obtain such payment, reimbursement, or indemnity.

(iii) After hearing the evidence in support and opposition to the request, the panel chairman may modify the award if satisfied that modification is supported by the evidence.

(iv) The award may not be modified as to any sums paid or payable to a claimant under any workers’ compensation act, criminal injuries compensation act, employee benefit plan established under a collective bargaining agreement between an employer and an employee or a group of employers and a group of employees that is subject to the provisions of the federal Employee Retirement Income Security Act of 1974, program of the Maryland Department of Health for which a right of subrogation exists under §§ 15–120 and 15–121.1 of the Health – General Article, or as a benefit under any contract or policy of life insurance or Social Security Act of the United States.

(v) An award may not be modified as to any damages assessed for any future expenses, costs, and losses unless:

1. The panel chairman orders the defendant or the defendant’s insurer to provide adequate security; or

2. The insurer is authorized to do business in this State and maintains reserves in compliance with rules of the Insurance Commissioner to assure the payment of all such future damages up to the amount by which the award has been modified as to such future damages in the event of termination.

(vi) Except as expressly provided by federal law, no person may recover from the claimant or assert a claim of subrogation against a defendant for any sum included in the modification of an award.

(i) Subject to § 3–2A–06 of this subtitle, the award of the panel shall be final and binding on the parties. After the time for either rejecting or modifying the award has expired the Director may, or, when requested by any party, shall file a copy of the award with the circuit court having proper venue, as provided in Title 6, Subtitle 2 of this article and the court shall confirm the award. Upon confirmation the award shall constitute a final judgment.

(j) Except for time limitations pertaining to the filing of a claim or response, the Director or the panel chairman, for good cause shown, may lengthen or shorten the time limitations prescribed in subsections (b) and (g) of this section and § 3–2A–04 of this subtitle.
Md. Code, Labor and Employment § 3-1709 — MD Code / Article gle / Title 3 / Subtitle 17 / Section 3-1709
§3–1709.
Status: in_force

This subtitle may be cited as the Maryland Essential Workers’ Protection Act.
Md. Code, Education § 3-603 — MD Code / Article ged / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

Each elected member of the county board is entitled to:

(1) The salary set by the County Commissioners in accordance with Chapter 91 of the Public Local Laws of Garrett County; and

(2) Allowances for travel and other expenses as provided in the budget of the county board.
Md. Code, Courts and Judicial Proceedings § 3-816.1 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-816.1
§3–816.
Status: in_force

§3–816.1.

(a) The provisions of this section apply to a hearing conducted in accordance with § 3–815, § 3–817, § 3–819, or § 3–823 of this subtitle or a review hearing conducted in accordance with § 5–326 of the Family Law Article in which a child is placed under an order of guardianship, commitment, or shelter care.

(b) (1) In a hearing conducted in accordance with § 3–815, § 3–817, § 3–819, or § 3–823 of this subtitle, the court shall make a finding whether the local department made reasonable efforts to prevent placement of the child into the local department’s custody.

(2) In a review hearing conducted in accordance with § 3–823 of this subtitle or § 5–326 of the Family Law Article, the court shall make a finding whether a local department made reasonable efforts to:

(i) Finalize the permanency plan in effect for the child;

(ii) Meet the needs of the child, including the child’s health, education, safety, and preparation for independence; and

(iii) For a child who is at least 18 years of age:

1. Before the child is emancipated, enroll the child in health insurance that will continue after the child is emancipated;

2. Before the child is emancipated, screen the child for eligibility for public benefits and assist the child with applications for public benefits;

3. Work with appropriate individuals to establish a plan for stable housing that is reasonably expected to remain available to the child for at least 12 months after the date of emancipation; and

4. Work with appropriate individuals to engage the child in education, training, or employment activities that will prepare the child to have appropriate and sufficient income to live independently after emancipation.

(3) In a hearing conducted in accordance with § 3–815, § 3–817, or § 3–819 of this subtitle, before determining whether a child with a developmental disability or a mental illness is a child in need of assistance, the court shall make a finding whether the local department made reasonable efforts to prevent placement of the child into the local department’s custody by determining whether the local department could have placed the child in accordance with a voluntary placement agreement under § 5–525(b)(1)(i) or (iii) of the Family Law Article.

(4) The court shall require a local department to provide evidence of its efforts before the court makes a finding required under this subsection.

(5) The court’s finding under this subsection shall assess the efforts made since the last adjudication of reasonable efforts and may not rely on findings from prior hearings.

(c) In making its findings in accordance with subsection (b) of this section, the court shall consider:

(1) The extent to which a local department has complied with the law, regulations, state or federal court orders, or a stipulated agreement accepted by the court regarding the provision of services to a child in an out–of–home placement;

(2) Whether a local department has ensured that:

(i) A caseworker is promptly assigned to and actively responsible for the case at all times;

(ii) The identity of the caseworker has been promptly communicated to the court and the parties; and

(iii) The caseworker is knowledgeable about the case and has received on a timely basis all pertinent files and other information after receiving the assignment from the local department;

(3) For a hearing under § 3–823 of this subtitle, whether a local department has provided appropriate services that facilitate the achievement of a permanency plan for the child, including consideration of in–State and out–of–state placement options;

(4) Whether the child’s placement has been stable and in the least restrictive setting appropriate, available, and accessible for the child during the period since the most recent hearing held by the court;

(5) Whether a local department notified the court and all parties before any change of placement for the child, or, if emergency conditions made a change necessary, as soon as possible after the change of placement;

(6) On receipt of a report of maltreatment of a child occurring while the child is in the custody of a local department, whether the local department provided the appropriate parties, including the child’s attorney, a report or notice of a report of the suspected maltreatment of the child and of the disposition of the investigation within the time required by regulation and court order; and

(7) Whether a local department has provided appropriate and timely services to help maintain the child in the child’s existing placement, including all services and benefits available in accordance with State law, regulations, state and federal court orders, stipulated agreements, or professional standards regarding the provision of services to children in out–of–home placements.

(d) In making a finding in accordance with subsection (b) of this section, a court may not consider a potential loss of federal funding for placement of a child that may result from a determination that reasonable efforts were not made.

(e) A court shall make the findings required under subsection (b) of this section in writing if it finds that reasonable efforts are being made for a child, but also finds that at least one of the following conditions exists:

(1) A local department did not comply with law, regulations, court orders, or agreements described in subsection (c)(1) of this section;

(2) A local department did not ensure continuity of casework as described in subsection (c)(2) of this section;

(3) A local department did not provide the services described in subsection (c)(3) of this section;

(4) During the period since the most recent court hearing, the child has not been placed in a stable placement or in the least restrictive setting appropriate, available, and accessible for the child;

(5) A local department failed to provide reports or notices of reports in a timely manner as described in subsection (c)(5) or (6) of this section; or

(6) A local department has not provided the services described in subsection (c)(7) of this section.

(f) If the court finds that reasonable efforts for a child were not made in accordance with subsection (b) of this section or finds that reasonable efforts were made but that one of the conditions described in subsection (e) of this section exists, the court promptly shall send its written findings to:

(1) The director of the local department;

(2) The Social Services Administration;

(3) The State Citizens Review Board for Children established under § 5–535 of the Family Law Article;

(4) If applicable, the local citizens review panel established under § 5–539.2 of the Family Law Article; and

(5) Any individual or agency identified by a local department or the court as responsible for monitoring the care and services provided to children in the legal custody or guardianship of the local department on a systematic basis.
Md. Code, Family Law § 3-103 — MD Code / Article gfl / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) An individual has no cause of action for alienation of affections.

(b) An individual may not bring an action for alienation of affections regardless of where the cause of action arose.
Md. Code, Labor and Employment § 3-210 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-210
§3–210.
Status: in_force

(a) (1) A minor may not be employed or allowed to be employed for more than 5 consecutive hours without a nonworking period of at least one-half hour.

(2) Except as provided in subsections (b) and (c) of this section, in a calendar day:

(i) the total school and work hours of a minor may not exceed 12 hours; and

(ii) the minor shall have at least 8 consecutive hours that are not school or work hours.

(b) The Commissioner may grant to a minor an exception to the restrictions in subsection (a)(2) of this section if the Commissioner determines that there will be no hazard to the health or welfare of the minor.

(c) A minor who is 16 or 17 years old and serves as an election judge, under § 10–202 of the Election Law Article, may work more than 12 hours on an early voting day or on election day only, subject to consent from at least one parent or guardian.
Md. Code, Commercial Law § 3-310 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-310
§3–310.
Status: in_force

(a) Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument.

(b) Unless otherwise agreed and except as provided in subsection (a), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:

(1) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check.

(2) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment.

(3) Except as provided in paragraph (4), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.

(4) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee's rights against the obligor are limited to enforcement of the instrument.

(c) If an instrument other than one described in subsection (a) or (b) is taken for an obligation, the effect is (i) that stated in subsection (a) if the instrument is one on which a bank is liable as maker or acceptor, or (ii) that stated in subsection (b) in any other case.
Md. Code, Labor and Employment § 3-428 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-428
§3–428.
Status: in_force

(a) An employer may not pay or agree to pay less than the wage required under this subtitle.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, Human Services § 3-602 — MD Code / Article ghu / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

(a) The Office of the Inspector General in the Department shall conduct or contract for a financial and compliance audit of each local department at an interval of 4 years unless the Office of the Inspector General determines, on a case–by–case basis, that an audit occur at an interval of 3 years.

(b) In determining the audit interval for a local department, the Office of the Inspector General shall take into consideration:

(1) the materiality and risk profile of the local department’s programs and fiscal activities;

(2) the nature and extent of prior audit findings of the local department; and

(3) any other factor related to risk.

(c) The audit shall comply with the auditing standards issued by the Institute of Internal Auditors.

(d) A written report of the audit findings shall be prepared and distributed to:

(1) the local board; and

(2) the local governing authority.
Md. Code, General Provisions § 3-501 — MD Code / Article ggp / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

This title may be cited as the Open Meetings Act.
Md. Code, Courts and Judicial Proceedings § 3-232 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-232
§3–232.
Status: in_force

This subtitle shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
Md. Code, Courts and Judicial Proceedings § 3-8C-09 — MD Code / Article gcj / Title 3 / Subtitle 8C / Section 3-8C-09
§3–8C–09.
Status: in_force

Except as otherwise provided in this subtitle, the Maryland Rules govern the format of the petition and the procedures to be followed by the court and the parties under this subtitle.
Md. Code, Natural Resources § 3-1018 — MD Code / Article gnr / Title 3 / Subtitle 10 / Section 3-1018
§3–1018.
Status: in_force

(a) On or before October 1, 2019, the Department of Planning, in consultation with the Department and the Department of the Environment, shall develop and publish guidelines to assist local jurisdictions in the collection of data to establish nuisance flooding baselines.

(b) (1) On or before October 1, 2020, a local jurisdiction that experiences nuisance flooding shall develop a plan to address nuisance flooding.

(2) A local jurisdiction shall update the plan required under paragraph (1) of this subsection at least once every 5 years.

(3) A local jurisdiction shall publish the plans required under this subsection on the local jurisdiction’s website.

(c) A local jurisdiction that develops a plan to address nuisance flooding shall submit a copy of the nuisance flooding plan to the Department of Planning.
Md. Code, Public Safety § 3-511 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-511
§3–511.
Status: in_force

(a) In this section, “law enforcement agency” has the meaning stated in § 3–201 of this title.

(b) On or before January 1, 2016, the Maryland Police Training and Standards Commission shall develop and publish online a policy for the issuance and use of a body–worn camera by a law enforcement officer that addresses:

(1) the testing of body–worn cameras to ensure adequate functioning;

(2) the procedure for the law enforcement officer to follow if the camera fails to properly operate at the beginning of or during the law enforcement officer’s shift;

(3) when recording is mandatory;

(4) when recording is prohibited;

(5) when recording is discretionary;

(6) when recording may require consent of a subject being recorded;

(7) when a recording may be ended;

(8) providing notice of recording;

(9) access to and confidentiality of recordings;

(10) the secure storage of data from a body–worn camera;

(11) review and use of recordings;

(12) retention of recordings;

(13) dissemination and release of recordings;

(14) consequences for violations of the agency’s body–worn camera policy;

(15) notification requirements when another individual becomes a party to the communication following the initial notification;

(16) specific protections for individuals when there is an expectation of privacy in private or public places; and

(17) any additional issues determined to be relevant in the implementation and use of body–worn cameras by law enforcement officers.

(c) (1) (i) This paragraph applies to:

1. the Department of State Police;

2. the Anne Arundel County Police Department;

3. the Howard County Police Department; and

4. the Harford County Sheriff’s Office.

(ii) On or before July 1, 2023, a law enforcement agency to which this paragraph applies shall require the use of body–worn cameras, subject to the policy on the use of body–worn cameras developed by the law enforcement agency, by each law enforcement officer employed by the law enforcement agency who regularly interacts with members of the public as part of the law enforcement officer’s official duties.

(2) On or before July 1, 2025, a law enforcement agency of a county, other than a law enforcement agency described in paragraph (1) of this subsection, shall require the use of body–worn cameras, subject to the policy on the use of body–worn cameras developed by the law enforcement agency, by each law enforcement officer employed by the law enforcement agency who regularly interacts with members of the public as part of the law enforcement officer’s official duties.

(d) (1) A law enforcement agency described in subsection (c) of this section shall develop and maintain a written policy consistent with the policy published by the Maryland Police Training and Standards Commission under subsection (b) of this section for the use of body–worn cameras.

(2) A policy developed and maintained under paragraph (1) of this subsection shall specify which law enforcement officers employed by the law enforcement agency are required to use body–worn cameras.

(e) A body–worn camera that possesses the requisite technological capability shall automatically record and save at least 60 seconds of video footage immediately prior to the officer activating the record button on the device.

(f) A law enforcement agency may not negate or alter any of the requirements or policies established in accordance with this section through collective bargaining.
Md. Code, Transportation § 3-305 — MD Code / Article gtr / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) After notification by the county, the Department shall determine the total proceeds of the highway user revenues allocable to the county under Title 8, Subtitle 4 of this article, exclusive of any amounts distributed to any municipalities in the county.

(b) The Department next shall determine the total amount of bonds that it could issue under this subtitle on behalf of the county, with adequate annual debt service coverage, from the annual amount of the highway user revenues so allocated to the county after providing for the debt service on all outstanding and unpaid bonds that have been previously issued on behalf of the county and to which its share of the highway user revenues has been pledged.

(c) After making all necessary determinations, the Department shall notify the county of the amount of bonds of the next series that the Department will issue on behalf of the county. The Department then shall issue and sell that amount of its bonds under this subtitle as a part of the next series of bonds and shall disburse the net proceeds of that amount of the bonds pursuant to an agreement with the county, after deducting the county’s proportionate share of the cost of the issuance of the bonds.
Md. Code, General Provisions § 3-402 — MD Code / Article ggp / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

(a) In accordance with § 3–401 of this subtitle, a public body that willfully meets with knowledge that the meeting is being held in violation of this subtitle is subject to a civil penalty not to exceed:

(1) $250 for the first violation; and

(2) $1,000 for each subsequent violation that occurs within 3 years after the first violation.

(b) When determining the amount of a fine under subsection (a) of this section, the court shall consider the financial resources available to the public body and the ability of the public body to pay the fine.
Md. Code, Courts and Judicial Proceedings § 3-205 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) Except as otherwise provided, a petition under this subtitle shall be heard in the manner and upon the notice provided by law or rule of court for the procedures when a petition is filed in an action.

(b) Unless the parties agree otherwise, notice of the initial petition for an order shall be served in the manner provided by law or rule of court for the service of summons in an action.
Md. Code, Courts and Judicial Proceedings § 3-816.2 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-816.2
§3–816.
Status: in_force

§3–816.2.

(a) (1) Except as provided in subsection (b) of this section, the court shall conduct a hearing to review the status of each child under its jurisdiction within 6 months after the filing of the first petition under this subtitle and at least every 6 months thereafter.

(2) At a review hearing under this section, the court shall:

(i) Evaluate the safety of the child;

(ii) Determine the continuing necessity for and appropriateness of any out–of–home placement;

(iii) Determine the appropriateness of and extent of compliance with the case plan for the child;

(iv) Determine the extent of progress that has been made toward alleviating or mitigating the causes necessitating the court’s jurisdiction; and

(v) Project a reasonable date by which the child may be returned to and safely maintained in the home or placed for adoption or under a legal guardianship.

(b) (1) The court shall conduct a hearing to review the status of a child placed in a qualified residential treatment program and determine the appropriateness of placement within 60 days after the child enters the placement.

(2) At a hearing under this subsection, the court shall:

(i) Review the assessment of the child conducted by a qualified individual;

(ii) Consider whether the needs of the child can be met through placement in a foster family home;

(iii) Consider whether placement of the child in a qualified residential treatment program provides the most effective and appropriate care for the child in the least restrictive environment; and

(iv) Consider whether placement of the child in a qualified residential treatment program is consistent with the short–term and long–term goals for the child as specified in the permanency plan.

(3) The court shall state, in writing, the reasons for its decision to approve or disapprove the continued placement of a child in a qualified residential treatment program under this subsection.

(c) If a permanency plan for the child has been determined under § 3–823 of this subtitle, a review hearing conducted by the court under § 3–823(h) of this subtitle shall satisfy the requirements of this section.
Md. Code, Courts and Judicial Proceedings § 3-1409 — MD Code / Article gcj / Title 3 / Subtitle 14 / Section 3-1409
§3–1409.
Status: in_force

If any provision of this subtitle or the application of this subtitle to any person or circumstances is held invalid, the invalidity may not affect other provisions or applications of the subtitle that can be given effect without the invalid provisions or application, and to this end the provisions of this subtitle are declared to be severable.
Md. Code, Labor and Employment § 3-1611 — MD Code / Article gle / Title 3 / Subtitle 16 / Section 3-1611
§3–1611.
Status: in_force

This subtitle may be cited as the Secure Maryland Wage Act.
Md. Code, Business Occupations and Professions § 3-309 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-309
§3–309.
Status: in_force

(a) Unless a license is renewed for a 2–year term as provided in this section, the license expires on the first June 30 that comes:

(1) after the effective date of the license; and

(2) in an even–numbered year.

(b) (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current license expires; and

2. the amount of the license fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(c) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

(1) otherwise is entitled to be licensed;

(2) pays to the Board a license fee set by the Board;

(3) submits to the Board a renewal application on the form that the Board provides; and

(4) upon request by the Board, submits to the Board the original certificate of completion or transcript of completed courses verifying the licensee has complied with the continuing professional competency requirement under § 3–309.1 of this subtitle.

(d) The Board shall renew the license of each licensee who meets the requirements of this section.

(e) An architect has a grace period of 30 days after the architect’s license expires in which to renew it retroactively, if the architect:

(1) otherwise is entitled to have the license renewed;

(2) pays to the Board the license fee set by the Board; and

(3) meets the continuing education requirement for renewal of a license under § 3–309.1 of this subtitle.

(f) The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.
Md. Code, Courts and Judicial Proceedings § 3-8A-09 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-09
§3–8A–09.
Status: reserved

(a) (1) If a petition, peace order request, or citation is filed under this subtitle in a county other than the county where the child is living or domiciled, the court on its own motion or on motion of a party, may transfer the proceedings to the county of residence or domicile at any time prior to final termination of jurisdiction, except that the proceedings may not be transferred until after an adjudicatory hearing if the allegation is escape or attempted escape under § 9-404 or § 9-405 of the Criminal Law Article.

(2) In its discretion, the court to which the case is transferred may take further action.

(b) Every document, social history, and record on file with the clerk of the court pertaining to the case shall accompany the transfer.
Md. Code, Business Occupations and Professions § 3-309.2 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-309.2
§3–309.
Status: in_force

§3–309.2.

(a) The Board may issue a retired status license to an individual who:

(1) is currently licensed by the Board to practice architecture;

(2) has been a licensed architect for at least 25 years, of which 5 years have been in Maryland;

(3) is not the subject of a pending disciplinary action related to the practice of architecture in this or another state;

(4) submits to the Board an application on the form provided by the Board; and

(5) pays to the Board a fee set by the Board.

(b) The holder of a retired status license issued under this section:

(1) may use the designation of “architect emeritus”; but

(2) may not engage in the practice of architecture.

(c) The Board may reactivate the license of an individual who holds a retired status license if that individual:

(1) submits to the Board an application for reactivation on the form provided by the Board;

(2) meets all continuing professional competency requirements that would have been required for renewal of a license under § 3–309.1 of this subtitle if the individual had not been issued a retired status license;

(3) is not the subject of a pending disciplinary action related to the practice of architecture in this or any other state; and

(4) pays to the Board a reactivation fee set by the Board.
Md. Code, Alcoholic Beverages and Cannabis § 3-603 — MD Code / Article gab / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

(a) The Executive Director may revoke or suspend a license or permit:

(1) for any reason to promote the peace or safety of the community in which the premises are located; or

(2) for offenses as provided in this article.

(b) The Executive Director shall revoke a license or permit or, except as provided in § 3–606 of this subtitle, suspend a license or permit for:

(1) conviction of the license holder or permit holder for violation of this article or a provision of the Tax – General Article that relates to the alcoholic beverage tax;

(2) willful failure or refusal of the license holder or permit holder to comply with:

(i) this article or provisions of the Tax – General Article that relate to the alcoholic beverage tax; or

(ii) a regulation adopted under this article or under provisions of the Tax – General Article that relate to the alcoholic beverage tax;

(3) making a material false statement in an application for a license or permit;

(4) two or more convictions within 2 years of an agent or employee of a license holder or permit holder for on–premises violations of this article or provisions of the Tax – General Article that relate to the alcoholic beverage tax;

(5) on–premises possession by a retail dealer, other than a holder of a Class E, Class F, or Class G license, of an alcoholic beverage on which the tax imposed by § 5–102 of the Tax – General Article has not been paid;

(6) violation of § 2–216 or § 2–315 of this article;

(7) willful failure of a license holder or permit holder to:

(i) keep the records required under this article or under provisions of the Tax – General Article that relate to the alcoholic beverage tax; or

(ii) allow inspection of the records by an authorized person;

(8) on–premises possession of an alcoholic beverage that a license holder or permit holder, other than a holder of a Class E, Class F, or Class G license, is not licensed to sell;

(9) revocation or suspension of a permit issued to a license holder or permit holder by the federal Alcohol and Tobacco Tax and Trade Bureau or for conviction of violating a federal law relating to alcoholic beverages;

(10) failure to furnish bond as required by this article within 15 days after notice from the Comptroller; and

(11) violation of § 3–604 of this subtitle.
Md. Code, Corporations and Associations § 3-906 — MD Code / Article gca / Title 3 / Subtitle 9 / Section 3-906
§3–906.
Status: in_force

(a) The conversion of an other entity to a Maryland corporation shall be completed on the later of:

(1) The incorporation of the Maryland corporation in accordance with Title 2 of this article; or

(2) The effectiveness of articles of conversion filed for record with the Department.

(b) The conversion of a Maryland corporation to an other entity shall be completed on the effectiveness of articles of conversion filed for record with the Department.

(c) Articles of conversion are effective on the later of:

(1) The time the Department accepts the articles of conversion for record; or

(2) The future effective time of the articles of conversion as set forth in articles of conversion that have been accepted by the Department for record.

(d) (1) (i) Except as provided in subparagraph (ii) of this paragraph, at the time the conversion of an other entity to a Maryland corporation is completed:

1. The other entity shall be converted to a Maryland corporation;

2. The conversion shall have the effects set forth in § 3–904 of this subtitle; and

3. The corporation shall be subject to all of the provisions of the Maryland General Corporation Law.

(ii) Notwithstanding § 2–102 of this article, the existence of the Maryland corporation shall be deemed to have commenced on the date the other entity commenced its existence in the place in which the other entity was first incorporated, created, formed, or otherwise came into being.

(2) At the time the conversion of a Maryland corporation to an other entity is completed, the conversion shall have the effects set forth in § 3–904 of this subtitle.
Md. Code, Correctional Services § 3-415 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-415
§3–415.
Status: in_force

(a) The Commissioner or the Commissioner’s designee may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an incarcerated individual in the program to search for the incarcerated individual.

(b) An application for a search warrant shall:

(1) be in writing;

(2) be verified by the applicant; and

(3) describe the premises to be searched and the nature, scope, and purpose of the search.

(c) A judge who receives an application for a search warrant may issue a warrant on a finding that:

(1) the scope of the proposed search is reasonable; and

(2) obtaining consent to enter the premises may jeopardize the attempt to take custody of the incarcerated individual.

(d) (1) A search warrant issued under this section shall specify the location of the premises to be searched.

(2) A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant.

(e) A search warrant issued under this section shall be executed and returned to the issuing judge:

(1) within the period specified in the warrant, which may not exceed 30 days from the date of issuance; or

(2) within 15 days after the warrant is issued, if no period is specified in the warrant.
Md. Code, Financial Institutions § 3-601 — MD Code / Article gfi / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: reserved

(a) This section does not apply to:

(1) Any readily marketable bond or like obligation that is held by a commercial bank as an investment;

(2) Any loan that is made to this State or to a political subdivision and that matures in less than 1 year;

(3) Any loan of $3,500 or less, unless that loan exceeds 20 percent of the unimpaired capital and surplus of the commercial bank; or

(4) Any liability lawfully incurred before June 1, 1937.

(b) The total of all liabilities of any one person to a commercial bank, including all liabilities referred to in this section, may not exceed at any time 30 percent of the unimpaired capital and surplus of the commercial bank.

(c) (1) In this subsection, “loan”:

(i) Includes an obligation under a standby letter of credit; and

(ii) Does not include any discount or obligation that is subject to subsection (d) or (e) of this section.

(2) The total liability of any one person to a commercial bank for loans may not exceed at any time:

(i) 10 percent of the unimpaired capital and surplus of the commercial bank; or

(ii) 30 percent of the unimpaired capital and surplus of the commercial bank if the excess over 10 percent is approved by a two-thirds vote of the board of directors and is secured by currency or obligations of the United States or obligations of this State or any political subdivision.

(d) (1) In this subsection, “commercial paper” means any commercial paper issued in connection with a commercial transaction or any chattel paper, if the person negotiating the commercial paper or chattel paper owns it.

(2) The total liability of any one person to a commercial bank for discounts of commercial paper may not exceed at any time 25 percent of the unimpaired capital and surplus of the commercial bank.

(e) (1) In this subsection, “obligations secured by goods” means obligations that are drawn in good faith against actual existing values and are:

(i) Secured by goods in the process of shipment; or

(ii) When accepted, accompanied by documents of title for these goods.

(2) The total liability of any one person to a commercial bank for obligations secured by goods may not exceed at any time 25 percent of the unimpaired capital and surplus of the commercial bank.

(f) For purposes of this section, the rules set forth in subsections (g) through (j) of this section apply in computing the total liabilities of any one person to a commercial bank.

(g) (1) Except as provided in paragraph (2) of this subsection, the total liabilities of any individual to a commercial bank include:

(i) All liabilities to the commercial bank of any partnership or unincorporated association of which the individual is a member; and

(ii) All loans that the commercial bank makes for the benefit of the individual or for the benefit of any partnership or unincorporated association of which the individual is a member.

(2) If the individual holds only a limited interest in a limited partnership, the liabilities of the limited partnership and the loans made for its benefit that are included in the individual’s total liabilities may not exceed the value of the individual’s interest in the limited partnership.

(h) The total liabilities of any partnership or unincorporated association to a commercial bank include:

(1) All liabilities of its individual members to the commercial bank; and

(2) All loans that the commercial bank makes for the benefit of the partnership or association or for the benefit of any member of the partnership or association.

(i) The total liabilities of any corporation to a commercial bank include all loans that the commercial bank makes for the benefit of the corporation.

(j) For purposes of this section, a loan is considered to be made for the benefit of a corporation, partnership, or unincorporated association to the extent that the proceeds of the loan are transferred to the corporation, partnership, or association.

(k) For purposes of this section, “unimpaired surplus” of a commercial bank includes surplus, retained earnings, and 100 percent of the reserve for possible loan losses.