Md. Code, Commercial Law § 12-916 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-916
§12–916.
Status: in_force

(a) If a written complaint for violation of any provision of this subtitle, including the disclosure requirements of this subtitle and the federal Truth in Lending Act and regulations promulgated thereunder, or any other law of this State that regulates loans or other extensions of credit is filed with the Commissioner of Financial Regulation, the Commissioner may investigate the complaint and hold a hearing on it in accordance with § 11-413 of the Financial Institutions Article.

(b) (1) The Commissioner shall give to the credit grantor against whom a complaint is filed at least 10 days’ written notice of the complaint and the time and place of any hearing. The notice shall be in writing and sent by registered or certified mail to the credit grantor’s principal place of business.

(2) Before a hearing under this section may be scheduled, the Commissioner shall:

(i) Send a written notice to the complaining party that describes the provisions in paragraph (3) of this subsection concerning preclusion; and

(ii) Obtain from the complaining party a written:

1. Election to proceed with a hearing in accordance with this section; and

2. Waiver of any right to pursue any cause of action or remedy as to the matters addressed in the complaint or the hearing.

(3) (i) If a complaining party provides a written election and waiver as described in paragraph (2)(ii) of this subsection, the complaining party shall be precluded from raising or asserting against the credit grantor in any subsequent forum any claim, defense, setoff, recoupment, penalty for violation, or right of any kind based on the matters addressed in the complaint or the hearing.

(ii) The preclusion in subparagraph (i) of this paragraph does not apply to an appeal from the order of the Commissioner resulting from the hearing.

(4) If a complaining party fails to provide a written election and waiver as described in paragraph (2) (ii) of this subsection, the Commissioner shall not schedule a hearing on the complaint.

(c) (1) If, after the hearing, the Commissioner finds that the credit grantor has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the credit grantor to cease and desist from the act or practice.

(2) (i) If the Commissioner finds that the act or practice described in paragraph (1) of this subsection resulted in the credit grantor collecting an amount from the complaining party not permitted under this subtitle, the Commissioner may direct the credit grantor to make a refund to the complaining party.

(ii) The Commissioner may direct a refund only up to the amount collected by the credit grantor from the complaining party that:

1. Exceeds the amount expressly permitted under this subtitle; or

2. The credit grantor is expressly not permitted to collect.

(3) (i) If an order issued under this section directs the credit grantor to make a refund as authorized in paragraph (2) of this subsection, the credit grantor may make the refund before the order becomes final.

(ii) If a credit grantor makes the refund directed by the Commissioner’s order, the order for the refund shall not become final and shall be withdrawn by the Commissioner.

(iii) Any order withdrawn by the Commissioner may not be considered evidence of the Commissioner’s interpretation of this subtitle.

(4) The order of the Commissioner shall comply with the Administrative Procedure Act.

(d) (1) If no appeal is filed, the order becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner’s orders.

(2) If an appeal is filed, the order becomes final after final decision of the court affirming the order or dismissing the appeal.

(e) For purposes of this section, “complaining party” means an individual who files a written complaint with the Commissioner of Financial Regulation pursuant to this section.
Md. Code, Health Occupations § 12-6C-11 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-11
§12–6C–11.
Status: in_force

(a) (1) If a person knowingly violates any provision of this subtitle or any regulation adopted under this subtitle, the Board may impose a fine not to exceed $500,000.

(2) Before the Board imposes a fine, the Board shall consider the appropriateness of the fine in relation to:

(i) The size of the wholesale distributor;

(ii) The gravity of the violation for which the fine is to be imposed;

(iii) The good faith of the wholesale distributor; and

(iv) Any previous violations by the wholesale distributor.

(b) In addition to the penalty provided in subsection (a) of this section, the Board also may take disciplinary action against a permit holder who is convicted of or pleads guilty or nolo contendere to a violation of State, federal, or local drug laws.
Md. Code, Commercial Law § 12-101.1 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-101.1
§12–101.
Status: in_force

§12–101.1.

(a) On or after January 1, 2019, a lender may, at the lender’s option, elect to make a loan to any borrower either under this subtitle or as otherwise authorized by applicable law.

(b) If a lender makes a written election in the agreement, note, or other evidence of the loan specifying that this subtitle will govern the loan, Subtitles 3, 4, 5, 6, 9, and 10 of this title do not apply to the loan.

(c) If a lender that makes or contracts to make a loan does not make a written election under this subtitle or Subtitle 3, Subtitle 4, Subtitle 9, or Subtitle 10 of this title, this subtitle still applies to the loan if the loan is:

(1) For an amount over $25,000; or

(2) (i) For an amount of $25,000 or less; and

(ii) Not subject to Subtitle 3 of this title.
Md. Code, Family Law § 12-201 — MD Code / Article gfl / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

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

(b) (1) “Actual income” means income from any source.

(2) For income from self–employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, “actual income” means gross receipts minus ordinary and necessary expenses required to produce income.

(3) “Actual income” includes:

(i) salaries;

(ii) wages;

(iii) commissions;

(iv) bonuses;

(v) dividend income;

(vi) pension income;

(vii) interest income;

(viii) trust income;

(ix) annuity income;

(x) Social Security benefits;

(xi) workers’ compensation benefits;

(xii) unemployment insurance benefits;

(xiii) disability insurance benefits;

(xiv) for the obligor, any third party payment paid to or for a minor child as a result of the obligor’s disability, retirement, or other compensable claim;

(xv) alimony or maintenance received; and

(xvi) expense reimbursements or in–kind payments received by a parent in the course of employment, self–employment, or operation of a business to the extent the reimbursements or payments reduce the parent’s personal living expenses.

(4) Based on the circumstances of the case, the court may consider the following items as actual income:

(i) severance pay;

(ii) capital gains;

(iii) gifts; or

(iv) prizes.

(5) “Actual income” does not include benefits received from means–tested public assistance programs, including temporary cash assistance, Supplemental Security Income, food stamps, and transitional emergency, medical, and housing assistance.

(c) (1) “Adjusted actual income” means actual income minus:

(i) preexisting reasonable child support obligations actually paid;

(ii) except as provided in § 12–204(a)(2) of this subtitle, alimony or maintenance obligations actually paid; and

(iii) an allowance for support for each child living in a parent’s home to whom the parent owes a legal duty of support if the child is considered to be spending more than 92 overnights in the parent’s home in a year and not subject to the support order.

(2) For purposes of determining the amount of the allowance under paragraph (1)(iii) of this subsection:

(i) the basic child support obligation for each additional child in the parent’s home shall be determined in accordance with § 12–204 of this subtitle, using only the actual income of the parent entitled to the deduction; and

(ii) the amount determined under item (i) of this paragraph shall be multiplied by 75%.

(3) The court shall decline to award an allowance under paragraph (1) of this subsection if the court finds, after considering the evidence and the best interest of the child for whom support is being determined, that the application of an allowance would be unjust or inappropriate.

(d) “Adjusted basic child support obligation” means an adjustment of the basic child support obligation for shared physical custody.

(e) “Basic child support obligation” means the base amount due for child support calculated using the combined adjusted actual incomes of both parents as adjusted by the self–support reserve.

(f) “Combined adjusted actual income” means the combined monthly adjusted actual incomes of both parents.

(g) (1) “Extraordinary medical expenses” means uninsured costs for medical treatment in excess of $250 in any calendar year.

(2) “Extraordinary medical expenses” includes uninsured, reasonable, and necessary costs for orthodontia, dental treatment, vision care, asthma treatment, physical therapy, treatment for any chronic health problem, and professional counseling or psychiatric therapy for diagnosed mental disorders.

(h) “Health insurance” includes medical insurance, dental insurance, prescription drug coverage, and vision insurance.

(i) “Income” means:

(1) actual income of a parent, if the parent is employed to full capacity; or

(2) potential income of a parent, if the parent is voluntarily impoverished.

(j) “Obligee” means any person who is entitled to receive child support.

(k) “Obligor” means an individual who is required to pay child support under a court order.

(l) “Ordinary and necessary expenses” does not include amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining actual income for purposes of calculating child support.

(m) “Potential income” means income attributed to a parent determined by:

(1) the parent’s employment potential and probable earnings level based on, but not limited to:

(i) the parent’s:

1. age;

2. physical and behavioral condition;

3. educational attainment;

4. special training or skills;

5. literacy;

6. residence;

7. occupational qualifications and job skills;

8. employment and earnings history;

9. record of efforts to obtain and retain employment; and

10. criminal record and other employment barriers; and

(ii) employment opportunities in the community where the parent lives, including:

1. the status of the job market;

2. prevailing earnings levels; and

3. the availability of employers willing to hire the parent;

(2) the parent’s assets;

(3) the parent’s actual income from all sources; and

(4) any other factor bearing on the parent’s ability to obtain funds for child support.

(n) “Self–support reserve” means the adjustment to a basic child support obligation ensuring that a child support obligor maintains a minimum amount of monthly income, after payment of child support, federal and state income taxes, and Federal Insurance Contribution Act taxes, of at least 110% of the 2019 federal poverty level for an individual.

(o) (1) “Shared physical custody” means that each parent keeps the child or children overnight for more than 25% of the year and that both parents contribute to the expenses of the child or children in addition to the payment of child support.

(2) Subject to paragraph (1) of this subsection, the court may base a child support award on shared physical custody:

(i) solely on the amount of visitation awarded; and

(ii) regardless of whether joint custody has been granted.

(p) “Shared physical custody adjustment” means the adjustment made to a theoretical adjusted basic child support obligation in a shared physical custody case when a parent keeps the child or children overnight for more than 25% (at least 92 overnights), but less than 30% (not more than 109 overnights), of the year.

(q) “Voluntarily impoverished” means that a parent has made the free and conscious choice, not compelled by factors beyond the parent’s control, to render the parent without adequate resources.
Md. Code, Public Safety § 12-201 — MD Code / Article gps / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

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

(2) “Department” means the Maryland Department of Labor.

(3) “Industrialized building” has the meaning stated in § 12–301 of this title.

(b) The General Assembly finds that:

(1) the potential benefits of new materials and techniques for building construction are not readily available to the State partly because existing building codes preclude their use; and

(2) several subdivisions in the State have no building codes of any type to protect the public against unsafe, unsound, or unsanitary buildings in their communities and this measure of protection should be provided to these communities.

(c) The Department may adopt a Model Performance Code for building construction in the State.

(d) The Model Performance Code for building construction is not binding in a subdivision of the State unless the subdivision specifically adopts it.

(e) (1) The Model Performance Code for building construction shall cover elements appropriate to ensure safe and sound construction, including plumbing, structure, and electrical systems.

(2) Any part of the Model Performance Code that relates to structure shall incorporate by reference the Maryland Building Performance Standards established under Subtitle 5 of this title.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, any part of the Model Performance Code that relates to plumbing shall be consistent with the State Plumbing Code currently in effect under the Maryland Plumbing Act.

(ii) Subparagraph (i) of this paragraph does not apply to industrialized buildings.

(4) The Model Performance Code shall also include elements that promote the efficient utilization of energy resources.

(5) The Model Performance Code shall be framed in terms of the purposes for which building codes are enacted instead of the specifications of materials and methods required to achieve the goals.

(f) (1) The Department shall adopt regulations to establish standards for industrialized buildings.

(2) After public hearing, the Department shall adopt regulations to prohibit a jurisdiction in which the Model Performance Code is applicable from altering or modifying the Model Performance Code without the approval of the Department.

(3) The Department shall provide an appeal procedure for challenges to the interpretation or application of the Model Performance Code.

(4) The Department shall:

(i) consult regularly with local officials to review the application and effectiveness of the Model Performance Code in each jurisdiction; and

(ii) review recommendations from local officials for changes, modifications, or exceptions to increase the effectiveness and usefulness of the Model Performance Code in those jurisdictions.

(5) The Department shall train and certify building code enforcement officials in each jurisdiction where the Model Performance Code is in effect.

(g) The Department may not unreasonably withhold approval of requests for special provisions in the Model Performance Code to meet local conditions.
Md. Code, Corporations and Associations § 12-906 — MD Code / Article gca / Title 12 / Subtitle 9 / Section 12-906
§12–906.
Status: in_force

(a) If a foreign statutory trust is doing or has done any intrastate, interstate, or foreign business in this State without complying with the requirements of this subtitle, the foreign statutory trust and any person claiming under it may not maintain suit in any court in this State, unless the statutory trust shows to the satisfaction of the court that:

(1) The foreign statutory trust or the person claiming under it has paid the penalty specified in subsection (d)(1) of this section; and

(2) (i) The foreign statutory trust or a foreign statutory trust successor to it has complied with the requirements of this title; or

(ii) The foreign statutory trust and any foreign statutory trust successor to it are no longer doing intrastate, interstate, or foreign business in this State.

(b) The failure of a foreign statutory trust to register in this State does not:

(1) Impair the validity of a contract or act of the foreign statutory trust; or

(2) Prevent the foreign statutory trust from defending any action, suit, or proceeding in a court of this State.

(c) A foreign statutory trust, by doing business in this State without registration, appoints the Department as its agent for service of process with respect to causes of action arising out of doing business in this State.

(d) (1) (i) If a foreign statutory trust does any intrastate, interstate, or foreign business in this State without registering, the Department shall impose a penalty of $200 on the foreign statutory trust.

(ii) The penalty under this subsection shall be collected and may be reduced or abated under § 14–704 of the Tax – Property Article.

(2) A trustee or an agent who transacts intrastate, interstate, or foreign business in this State on behalf of a foreign business trust that has not registered with the Department is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, Commercial Law § 12-1107 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1107
§12–1107.
Status: in_force

(a) A lessor shall provide the consumer with a written receipt for each payment under a rental–purchase agreement made in person by cash or money order, or, if the payment is made in any other form, on request.

(b) The written receipt shall contain the:

(1) Total amount paid;

(2) Total amount due that week or month; and

(3) Total remaining rental payments necessary to acquire ownership of the item.

(c) The lessor shall provide the consumer with a written statement of account within 3 days after the consumer’s request.
Md. Code, Courts and Judicial Proceedings § 12-612 — MD Code / Article gcj / Title 12 / Subtitle 6 / Section 12-612
§12–612.
Status: in_force

This subtitle shall be applied and construed to effectuate its general purpose to make uniform law with respect to the subject of the subtitle among states enacting it.
Md. Code, Health Occupations § 12-311 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-311
§12–311.
Status: in_force

Each licensee shall display the license conspicuously in the office or place of business of the licensee.
Md. Code, Estates and Trusts § 12-101 — MD Code / Article get / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

The estates of decedents law takes effect at 12:01 a.m. on July 1, 1974.
Md. Code, Public Safety § 12-909 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-909
§12–909.
Status: in_force

(a) The requirements of this section and §§ 12–910 and 12–911 of this subtitle do not apply to:

(1) a boiler or pressure vessel that is located on a farm and used solely for agricultural purposes;

(2) a heating boiler that is located in a private residence or an apartment house with less than six family units;

(3) a pressure vessel that:

(i) contains only water under pressure for domestic supply purposes, including a pressure vessel that contains air, the compression of which serves only as a cushion or airlift pumping system; and

(ii) is located in a private residence or an apartment house with less than six family units; or

(4) an exhibition or antique boiler or pressure vessel, including a steam or gas engine, wheat thresher, or antique tractor, if the boiler or pressure vessel:

(i) has been inspected and issued a certificate of inspection by another state that has safety requirements equal to or greater than those of this State; and

(ii) has been brought into this State to be used in a temporary exhibit or show.

(b) The Chief Boiler Inspector or a deputy boiler inspector shall have free access, during reasonable hours, to any premises in the State:

(1) to determine whether a boiler or pressure vessel is being constructed for use or installed in the State in accordance with this subtitle;

(2) to inspect or investigate an accident or explosion that involves a boiler or pressure vessel;

(3) to make an inspection required under this subtitle; or

(4) to investigate an inspection of a special inspector.

(c) (1) In addition to the certificate inspections required under subsection (d) of this section, the Chief Boiler Inspector or a deputy boiler inspector shall:

(i) inspect or investigate accidents and explosions involving boilers and pressure vessels;

(ii) respond to and investigate complaints about the operation of boilers and pressure vessels; and

(iii) monitor the inspections of special inspectors.

(2) The Chief Boiler Inspector, a deputy boiler inspector, a special inspector, or an authorized inspection agency may:

(i) make certificate inspections of the installation of new boilers and pressure vessels; and

(ii) make certificate inspections of the repair or alteration of boilers and pressure vessels.

(3) The Chief Boiler Inspector or a deputy boiler inspector may make a certificate inspection of an antique boiler or pressure vessel or a model steam boiler.

(4) Except as provided in paragraphs (1) through (3) of this subsection, if a boiler or pressure vessel:

(i) is insured by an insurer, a special inspector employed by the insurer or employed by an authorized inspection agency under contract with the insurer shall make the inspections required under subsection (d) of this section; or

(ii) is not insured by an insurer, the owner shall contract with the Chief Boiler Inspector, a deputy boiler inspector, a special inspector, or an authorized inspection agency to make the inspections required under subsection (d) of this section.

(5) (i) In this paragraph, “private inspector” means an individual who:

1. has a level II or level III certification from the American Society for Nondestructive Testing (ASNT); and

2. is commissioned as a special inspector by the National Board of Boiler and Pressure Vessel Inspectors.

(ii) If a boiler or pressure vessel is an exhibition or antique boiler or pressure vessel, including a steam or gas engine, wheat thresher, model steam boiler, or antique tractor, that will be used in an exhibit or show for noncommercial purposes, the inspections required under subsection (d) of this section may be made by a private inspector.

(iii) If a private inspector makes the inspections required under subsection (d) of this section, the private inspector shall file a report with the Chief Boiler Inspector on the results of the inspection.

(iv) If the report of the private inspector shows that the exhibition or antique boiler or pressure vessel complies with the requirements of subsection (d) of this section and the regulations adopted under this subtitle, the Chief Boiler Inspector shall issue a certificate to the owner or user of the exhibition or antique boiler or pressure vessel that authorizes it to be used in an exhibit or show for noncommercial purposes.

(6) If a boiler or pressure vessel is not insured by an insurer, the Commissioner may contract with an insurer or an authorized inspection agency to have a special inspector who is employed by that insurer or authorized inspection agency make the inspections required under paragraph (1) of this subsection and subsection (d) of this section or conducted under paragraph (2) or (3) of this subsection.

(d) (1) Except for boilers and pressure vessels exempt under subsection (a) of this section or § 12–903 of this subtitle, each boiler and each pressure vessel that is used or proposed to be used in the State shall be inspected, tested, and maintained in a safe operating condition in accordance with the regulations adopted by the Commissioner in conjunction with the Board.

(2) A certificate inspection required under this subsection shall be:

(i) an internal inspection if construction allows; or

(ii) an inspection that is as complete as possible.

(3) (i) Except for model steam boilers, a power boiler or a high pressure, high temperature water boiler shall:

1. receive a certificate inspection annually; and

2. be externally inspected annually while under pressure, if possible.

(ii) The Board may extend to 2 years the interval between certificate inspections of a power boiler if:

1. the power boiler has internal continuous water treatment under the general supervision of a professional engineer who has experience in the treatment of boiler water; and

2. the owner or user of the power boiler keeps available, for examination by the Chief Boiler Inspector or by a deputy boiler inspector or special inspector, accurate records that show:

A. the date, time, and reason that the power boiler is out of service; and

B. a chemical and physical analysis of samples of the boiler water taken at regular intervals of not more than 48 hours of operation that adequately show the condition of the boiler water and any elements or characteristics of the boiler water that are capable of producing corrosion or other deterioration of the power boiler or its parts.

(4) A nuclear vessel within the scope of this subtitle shall be inspected and reported in a form and with appropriate information designated by the Board.

(5) (i) Except as provided in paragraph (3) of this subsection, certificate inspections shall be conducted at time intervals set forth in regulations adopted under this subtitle and in accordance with Title 10 of the State Government Article.

(ii) The intervals shall protect public safety taking into consideration, consistent with § 12–905 of this subtitle, the design, type, age, extent of automated monitoring, fuel, and operating characteristics of the boiler or pressure vessel.

(e) If, at the discretion of the inspector, a hydrostatic test is considered necessary, the owner or user of a boiler or pressure vessel shall make the hydrostatic test.

(f) (1) Except as provided in paragraph (2) of this subsection, at least 30 days before installing a boiler or pressure vessel covered by this subtitle, the person who will perform the installation shall give the Commissioner notice of the installation in accordance with regulations adopted under this subtitle.

(2) Under emergency circumstances, the person who will perform the installation of a boiler or pressure vessel may give the Commissioner notice of the installation less than 30 days before installation in accordance with regulations adopted under this subtitle.

(3) Except for a cast–iron sectional boiler or pressure vessel, each boiler to be installed in the State shall be inspected:

(i) during construction or field assembly, as required by regulations adopted under this subtitle, by the Chief Boiler Inspector, a deputy boiler inspector, a special inspector, or an authorized inspection agency; or

(ii) if the boiler is constructed outside the State, by an inspector who holds a commission issued by the National Board of Boiler and Pressure Vessel Inspectors.

(g) (1) Within 24 hours after an accident or explosion, the owner or user of a boiler or pressure vessel shall give the Chief Boiler Inspector notice of the accident or explosion in accordance with regulations adopted under this subtitle.

(2) On notification or information, the Chief Boiler Inspector or a deputy boiler inspector shall investigate each accident or explosion that involves a boiler or pressure vessel covered by this subtitle.

(h) (1) The Board shall provide for public safety and therefore has jurisdiction over the interpretation and application of the inspection requirements provided in the regulations adopted under this subtitle.

(2) Inspection requirements of operating equipment shall:

(i) be in accordance with generally accepted practice; and

(ii) be compatible with the actual service conditions, including:

1. previous experience, based on records of performance and maintenance;

2. location, with respect to personnel hazard;

3. provision for related safe operation of controls; and

4. interrelation with other operations outside the scope of this subtitle.

(i) The owner or user of a boiler or pressure vessel required by this subtitle to be inspected by the Chief Boiler Inspector or a deputy boiler inspector shall pay directly to the Chief Boiler Inspector, on completion of the inspection, a fee in accordance with the following schedule:

(1) certificate inspection:

(i) initial certificate inspection of a boiler or pressure vessel not previously inspected in the State no charge

(ii) follow–up inspection to determine compliance $50

(2) inspection of an antique or model steam boiler or pressure vessel................................................................................................................................$15

(3) investigation of an accident or complaint no charge

(4) other inspections, such as an inspection at a fabrication or repair facility, ASME joint review, or National Board of Inspection Code Repair Review, shall be charged at the following rates, and shall include all expenses such as travel and hotel costs:

(i) half day (up to 4 hours) $250

(ii) full day (up to 8 hours) $500
Md. Code, Housing and Community Development § 12-310 — MD Code / Article ghs / Title 12 / Subtitle 3 / Section 12-310
§12–310.
Status: in_force

(a) Except for bonds purchased before appointment and interests in mutual funds, a commissioner or employee of an authority may not acquire any direct or indirect interest in a housing project or in property included or planned to be included in a housing project.

(b) A commissioner or employee of an authority may not have any direct or indirect interest in a contract or proposed contract for materials or services to be furnished or used in connection with a housing project.

(c) (1) A commissioner or employee of an authority who owns or controls a direct or indirect interest in property included or planned to be included in a housing project shall immediately disclose the interest in writing to the authority.

(2) The disclosure shall be entered in the minutes of the authority.

(3) Failure to disclose the interest is misconduct in office.
Md. Code, Public Safety § 12-822.1 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-822.1
§12–822.
Status: in_force

§12–822.1.

(a) On request of any person and payment of a fee set by the Board, the Board shall certify the licensing status of any person who is the subject of the request.

(b) Each certification under this section:

(1) shall include a statement of the licensing status of the person who is the subject of the request; and

(2) may include:

(i) information about the examination results and other qualifications of that person;

(ii) information about the dates of issuance and renewal of the license of that person;

(iii) information about any disciplinary action taken against that person; and

(iv) if authorized by that person, information about any complaint against that person.

(c) The Board shall collect a fee set by the Board for each certification under this section.
Md. Code, Business Occupations and Professions § 12-310 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-310
§12–310.
Status: in_force

(a) Subject to the limitations in this section, the Board may issue a limited license to provide plumbing services as a master plumber or a journey plumber to any applicant who:

(1) meets the qualifications that the Board establishes for:

(i) a limited master plumber license; or

(ii) a limited journey plumber license;

(2) passes an examination given by the Board for:

(i) a limited master plumber license; or

(ii) a limited journey plumber license;

(3) submits to the Board an application on the form that the Board requires;

(4) pays the appropriate application fee under § 12-303 of this subtitle for:

(i) a master plumber license; or

(ii) a journey plumber license; and

(5) if contracting in the name of the applicant or another person to provide plumbing services, submits to the Board proof of the liability insurance as required under § 12-501 of this title.

(b) (1) While a limited master plumber license is in effect, it authorizes the licensee to provide plumbing services only in a specified geographical area of the State.

(2) While a limited journey plumber license is in effect, it authorizes the licensee to provide plumbing services under the direction and control of a master plumber only in a specified geographical area of the State.

(c) A limited license expires on the first May 1 that comes:

(1) after the effective date of the limited license; and

(2) in an odd-numbered year.

(d) After June 30, 1991, the Board may not issue a limited license to provide plumbing services to any individual.

(e) Notwithstanding subsection (d) of this section, an individual who is issued a limited license to provide plumbing services on or before June 30, 1991, may continue to renew the limited license for a 2-year term as provided under § 12-308 of this subtitle if the individual meets the appropriate renewal requirements for:

(1) a master plumber license; or

(2) a journey plumber license.
Md. Code, Commercial Law § 12-910 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-910
§12–910.
Status: in_force

(a) If the agreement governing a revolving credit plan permits, a credit grantor may:

(1) For a nonconsumer borrower, charge a higher periodic percentage rate of interest on outstanding unpaid payments or portions of payments under the plan which are in default; and

(2) For any borrower, impose:

(i) A late or delinquency charge on payments or portions of payments; and

(ii) If payment is made with a check that is dishonored on the second presentment, a charge not to exceed $15.

(b) (1) No more than one late or delinquency charge may be imposed for any single scheduled payment or portion regardless of the period during which it remains in default.

(2) For the purpose of this subsection, all payments by the borrower shall be applied to satisfaction of scheduled payments in the order in which they become due.

(3) Charges permitted by this section may not be considered interest or finance charges under the plan.
Md. Code, Alcoholic Beverages and Cannabis § 12-1903 — MD Code / Article gab / Title 12 / Subtitle 19 / Section 12-1903
§12–1903.
Status: in_force

A license holder:

(1) may employ an individual at least 18 years old to sell, serve, deliver, or otherwise deal with alcoholic beverages; and

(2) may not employ or allow an individual under the age of 18 years to:

(i) sell, serve, or deliver alcoholic beverages; or

(ii) provide entertainment on the licensed premises.
Md. Code, Election Law § 12-312 — MD Code / Article gel / Title 12 / Subtitle 3 / Section 12-312
§12–312.
Status: in_force

(a) The State Board may impose a civil penalty on a contested election committee in accordance with this section for the following violations:

(1) making a disbursement for a purpose not related to a contested election;

(2) failure to dispose of surplus funds in accordance with § 12–313 of this subtitle;

(3) failure to maintain the records required under § 12–306 of this subtitle; or

(4) failure to report all donations, disbursements, and outstanding obligations as required under § 12–308 of this subtitle.

(b) A civil penalty imposed under this section shall be assessed in the amount and in the manner specified in § 13–604.1 of this article.

(c) (1) Subject to paragraph (2) of this subsection, a civil penalty imposed under this section shall be paid by the contested election committee.

(2) If the contested election committee has insufficient funds with which to pay the full amount of the civil penalty in a timely manner, after the account of the contested election committee is exhausted, the balance of the civil penalty is the liability of the treasurer.
Md. Code, Economic Development § 12-1006 — MD Code / Article gec / Title 12 / Subtitle 10 / Section 12-1006
§12–1006.
Status: in_force

The net earnings of a district corporation may benefit only the district corporation.
Md. Code, Health Occupations § 12-6C-05 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-05
§12–6C–05.
Status: in_force

(a) To apply for a wholesale distributor permit, an applicant shall:

(1) Pay to the Board an application fee set by the Board; and

(2) Submit an application to the Board on the form that the Board requires.

(b) The application shall include the following:

(1) The name, full business address, and telephone number of the applicant;

(2) All trade or business names used by the applicant;

(3) Addresses, telephone numbers, and the names of contact persons for the facility used by the applicant for the storage, handling, and distribution of prescription drugs;

(4) The type of business form under which the applicant operates, such as partnership, corporation, or sole proprietorship;

(5) The name of each owner and operator of the applicant, including:

(i) If an individual, the name of the individual;

(ii) If a partnership, the name of the partnership and of each partner;

(iii) If a corporation, the name of the corporation, the name and title of each corporate officer and director, and the state of incorporation; and

(iv) If a sole proprietorship, the full name of the sole proprietor and the name of the sole proprietor’s business entity;

(6) A list of all licenses and permits issued to the applicant by any other state that authorizes the applicant to purchase or possess prescription drugs;

(7) For the designated representative and the immediate supervisor of the designated representative at the applicant’s place of business, the following:

(i) Name;

(ii) Places of residence for the past 7 years;

(iii) Date and place of birth;

(iv) The name and address of each business where the individual was employed during the past 7 years, and the individual’s job title or office held at each business;

(v) A statement of whether, during the past 7 years, the individual has been the subject of any proceeding for the revocation of any professional or business license or any criminal violation and, if so, the nature and disposition of the proceeding;

(vi) A statement of whether, during the past 7 years, the individual has been enjoined, either temporarily or permanently, by a court of competent jurisdiction from violating any federal or state law regulating the possession, control, or distribution of prescription drugs, together with details concerning the event;

(vii) A description of any involvement, including any investments other than the ownership of stock in a publicly traded company or mutual fund, by the individual during the past 7 years with any business that manufactures, administers, prescribes, distributes, or stores prescription drugs, and any lawsuits in which the business was named as a party;

(viii) 1. A description of any misdemeanor or felony offense of which the individual, as an adult, was found guilty, regardless of whether adjudication of guilt was withheld or whether the individual pled guilty or nolo contendere; and

2. If the individual indicates that a criminal conviction is under appeal and submits a copy of the notice of appeal, within 15 days after the disposition of the appeal, a copy of the final written order of disposition; and

(ix) A photograph of the individual taken in the previous 180 days.

(c) The information required under subsection (b) of this section shall be provided under oath.

(d) The Board may not issue a wholesale distributor permit to an applicant unless the Board or its designee:

(1) If the applicant holds prescription drugs or devices, conducts a physical inspection of the applicant’s place of business, including any facility of the applicant;

(2) Finds that the place of business and facility, if any, meets the Board’s requirements;

(3) Determines that the designated representative of the applicant meets the following qualifications:

(i) Is at least 21 years of age;

(ii) Has been employed full time for at least 3 years in a pharmacy or with a wholesale distributor in a capacity related to the dispensing and distribution of, and record keeping relating to, prescription drugs;

(iii) Is employed by the applicant full time in a managerial level position;

(iv) Is actively involved in and aware of the daily operation of the wholesale distributor;

(v) Is physically present, except for an authorized absence such as sick leave or vacation leave, at the facility of the applicant during regular business hours;

(vi) Is serving as a designated representative for only one applicant at a time, or for two or more wholesale distributors who are located in the same facility and are members of an affiliated group, as defined in § 1504 of the Internal Revenue Code;

(vii) Does not have any convictions for a violation of any federal, state, or local laws relating to wholesale or retail prescription drug distribution or distribution of controlled substances; and

(viii) Does not have any convictions for a felony under federal, state, or local laws; and

(4) Determines that the immediate supervisor of the designated representative of the applicant meets the following qualifications:

(i) Is at least 21 years of age;

(ii) Has been employed full time for at least 3 years in a pharmacy or with a wholesale distributor in a capacity related to the dispensing and distribution of, and record keeping relating to, prescription drugs;

(iii) Is employed by the applicant full time in a managerial level position;

(iv) Is actively involved in and aware of the daily operation of the wholesale distributor;

(v) Does not have any convictions for a violation of any federal, state, or local laws relating to wholesale or retail prescription drug distribution or distribution of controlled substances; and

(vi) Does not have any convictions for a felony under federal, state, or local laws.

(e) The designated representative and the immediate supervisor of the designated representative of an applicant shall submit to a criminal history records check in accordance with § 12–6C–05.1 of this subtitle.

(f) (1) In this subsection, “gross receipts” means gross receipts from sales of prescription drugs and devices in the State.

(2) This subsection does not apply to a pharmacy warehouse that is not engaged in wholesale distribution.

(3) (i) An applicant for a wholesale distributor permit shall submit a surety bond or other equivalent means of security acceptable to the State, such as an irrevocable letter of credit or a deposit in a trust account or financial institution, payable to the State Board of Pharmacy to be deposited into an account established by the State under paragraph (7) of this subsection.

(ii) The surety bond or other security shall be in the amount of:

1. $100,000, if the annual gross receipts of the applicant for the previous tax year are $10,000,000 or more; or

2. $50,000, if the annual gross receipts of the applicant for the previous tax year are less than $10,000,000.

(iii) The Board may require by regulation documentation for the gross receipts of the wholesale distributor to qualify for a surety bond or other security in the amount of $50,000.

(4) The purpose of the surety bond is to secure payment of any fines or penalties imposed by the Board and any fees and costs incurred by the State relating to the permit that:

(i) Are authorized under State law; and

(ii) Are not paid by the permit holder within 30 days after the fines, penalties, fees, or costs become final.

(5) The State may make a claim against the surety bond or other security until 2 years after the permit holder’s permit ceases to be valid.

(6) A single surety bond shall cover all facilities operated by the applicant in the State.

(7) The Board shall establish an account, separate from its other accounts, in which to deposit the applicant’s surety bond or other security.

(g) If a wholesale distributor distributes prescription drugs or prescription devices from more than one facility, the wholesale distributor shall obtain a permit for each facility.

(h) Within 30 days after the date the Board receives a completed application, including the results of all required criminal history records checks, the Board shall notify the applicant of the Board’s acceptance or rejection of the application.
Md. Code, Business Occupations and Professions § 12-605.1 — MD Code / Article gbo / Title 12 / Subtitle 6 / Section 12-605.1
§12–605.
Status: in_force

§12–605.1.

(a) In the installation or repair of plumbing intended to dispense water for human consumption, a person shall use only pipes, pipe fittings, plumbing fittings, or fixtures that are lead–free.

(b) In the installation or repair of plumbing intended to dispense water for human consumption, a person shall use only solder or flux that is lead–free.

(c) Only the individual pipes, pipe fittings, plumbing fittings, or fixtures that are installed or repaired may be considered when calculating the weighted average lead content.
Md. Code, Labor and Employment § 12-205 — MD Code / Article gle / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

(a) The Board shall establish procedures and disclosures to protect the interests of participants and employers.

(b) (1) Before opening the Program for enrollment, the Board shall design and disseminate to employers and employees information regarding the Program.

(2) The information provided shall include background information on the Program and appropriate disclosures for employees, including:

(i) the benefits and risks associated with making contributions to the Program;

(ii) the mechanics of how to make contributions to the Program;

(iii) how to opt out of the Program;

(iv) the process for withdrawal of retirement savings;

(v) how to obtain additional information on the Program; and

(vi) information about alternative retirement savings options.

(c) The disclosure form shall clearly state the following:

(1) employees seeking financial advice should contact financial advisors because employers are not in a position to provide financial advice;

(2) in accordance with § 12–501 of this title, employers are not liable for decisions made by employees;

(3) the Program is not an employer–offered savings arrangement; and

(4) in accordance with § 12–502 of this title, the Program fund may be privately insured and is not guaranteed by the State.

(d) The Board shall establish procedures for:

(1) a covered employee to opt out of participation in the Program;

(2) a participating employee to opt out of participation in the Program after the participating employee has commenced participation; and

(3) an employee who has opted out of participation to participate or resume participation in the Program.
Md. Code, Alcoholic Beverages and Cannabis § 12-2203 — MD Code / Article gab / Title 12 / Subtitle 22 / Section 12-2203
§12–2203.
Status: in_force

Except where extenuating circumstances exist, before a licensed premises that has been closed for at least 3 consecutive months may be reopened:

(1) the Board shall hold a public hearing; and

(2) the license holder shall obtain approval from the Board to reopen.
Md. Code, Economic Development § 12-207 — MD Code / Article gec / Title 12 / Subtitle 2 / Section 12-207
§12–207.
Status: in_force

(a) Except as provided in subsections (b) and (e) of this section, bond proceeds may be used only:

(1) to buy, lease, condemn, or otherwise acquire property, or an interest in property:

(i) in the development district, a RISE zone, or a sustainable community; or

(ii) needed for a right–of–way or other easement to or from the development district, a RISE zone, or a sustainable community;

(2) for site removal;

(3) for surveys and studies;

(4) to relocate businesses or residents;

(5) to install utilities, construct parks and playgrounds, and for other needed improvements including:

(i) roads to, from, or in the development district;

(ii) parking; and

(iii) lighting;

(6) to construct or rehabilitate buildings for a governmental purpose or use;

(7) for reserves or capitalized interest;

(8) for necessary costs to issue bonds; and

(9) to pay the principal of and interest on loans, advances, or indebtedness that a political subdivision incurs for a purpose specified in this section.

(b) (1) This subsection applies to a sustainable community identified under § 12–203 of this subtitle.

(2) In addition to the purposes under subsection (a) of this section and without limiting the purposes in subsection (a) of this section, bond proceeds may be used in a sustainable community for:

(i) historic preservation or rehabilitation;

(ii) environmental remediation, demolition, and site preparation;

(iii) parking lots, facilities, or structures of any type whether for public or private use;

(iv) highways as defined in § 8–101 of the Transportation Article or transit service as defined in § 7–101 of the Transportation Article that support sustainable communities;

(v) schools;

(vi) affordable or mixed income housing; and

(vii) stormwater management and storm drain facilities.

(c) (1) In addition to the purposes listed in subsection (a) of this section, the proceeds from bonds that Prince George’s County or the revenue authority of Prince George’s County issues may be used:

(i) for convention, conference, or visitors’ centers;

(ii) to maintain infrastructure improvements and convention, conference, or visitors’ centers;

(iii) to market development district facilities and other improvements; and

(iv) for the purpose of encouraging redevelopment in those areas listed in paragraph (2) of this subsection, to install infrastructure improvements, including:

1. streets;

2. parking structures of any type whether for public or private use;

3. utilities;

4. street lights;

5. stormwater management and storm drain facilities;

6. fencing;

7. noise walls;

8. retaining walls;

9. trails;

10. sidewalks;

11. pedestrian and vehicular bridges; and

12. park facilities.

(2) The purpose of the authority granted by paragraph (1)(iv) of this subsection is to encourage redevelopment in:

(i) revitalization areas designated by the county;

(ii) mixed use centers;

(iii) blighted areas; and

(iv) the Developed Tier, growth corridors, and growth centers, as defined in the county General Plan.

(d) (1) In addition to the purposes listed in subsection (a) of this section, the proceeds from bonds that a municipal corporation issues may be used for the purpose of encouraging redevelopment in those areas listed in paragraph (2) of this subsection, to install infrastructure improvements, including:

(i) streets;

(ii) parking structures of any type whether for public or private use;

(iii) utilities;

(iv) street lights;

(v) stormwater management and storm drain facilities;

(vi) fencing;

(vii) noise walls;

(viii) retaining walls;

(ix) trails;

(x) sidewalks;

(xi) pedestrian and vehicular bridges; and

(xii) park facilities.

(2) The purpose of the authority granted by paragraph (1) of this subsection is to encourage redevelopment in:

(i) revitalization areas designated by a county or municipal corporation;

(ii) mixed use centers;

(iii) blighted areas; and

(iv) developed areas and growth areas, as defined in a county or municipal corporation land use plan.

(e) (1) This subsection applies to a RISE zone identified under § 12–203 of this subtitle.

(2) In addition to the purposes under subsection (a) of this section and without limiting the purposes in subsection (a) of this section, bond proceeds may be used in a RISE zone for:

(i) historic preservation or rehabilitation;

(ii) environmental remediation, demolition, and site preparation;

(iii) parking lots, facilities, or structures of any type whether for public or private use;

(iv) schools;

(v) affordable or mixed income housing;

(vi) stormwater management and storm drain facilities;

(vii) innovation centers and laboratory facilities, or structures of any type whether for public or private use, including maintenance and installation of improvements in the structures and services that support the purposes of the RISE zone program; and

(viii) any other facilities or structures of any type whether for public or private use that support the purposes of the RISE zone program.

(f) In addition to the purposes listed in subsection (a) of this section, the proceeds from bonds issued by the County Commissioners of Washington County may be used for:

(1) demolition or site removal, including on property that is privately owned and intended to remain privately owned;

(2) pedestrian or vehicular bridges or overpasses, including railroad crossings and related improvements; or

(3) parking lots, facilities, or structures of any type, whether:

(i) publicly or privately owned; or

(ii) available for public or private use.

(g) In addition to the purposes listed in subsection (a) of this section, the proceeds from bonds issued by Charles County may be used:

(1) for convention centers, conference centers, or visitors’ centers;

(2) to maintain infrastructure improvements, convention centers, conference centers, or visitors’ centers; and

(3) to market development district facilities and other improvements.
Md. Code, Economic Development § 12-409 — MD Code / Article gec / Title 12 / Subtitle 4 / Section 12-409
§12–409.
Status: in_force

(a) Within 10 days after the authorization by the governing body of the county or municipal corporation of the district, the district corporation shall provide the governing body of the county or municipal corporation with a preliminary business improvement district tax roll.

(b) (1) The governing body of the county or municipal corporation shall impose a business improvement district tax to provide funds for the operation of the district.

(2) The governing body of the county or municipal corporation shall impose on members of the district the district tax at a rate specified by the board and approved by the governing body.

(3) The tax imposed under this subsection may not count against a county or municipal corporation tax cap.

(c) The district tax shall be collected in the same manner as real property taxes are collected and distributed each quarter to the district.

(d) A district shall reimburse the governing body of a county or municipal corporation for the costs incurred in collecting the district tax.
Md. Code, Local Government § 12-405 — MD Code / Article glg / Title 12 / Subtitle 4 / Section 12-405
§12–405.
Status: in_force

(a) (1) Notwithstanding any other provision of State law, when negotiating to purchase real property, the governing body of Cecil County, a unit of the county, or the Cecil County Board of Education first shall acquire an option on the property.

(2) An option acquired under this subsection shall be:

(i) acquired for consideration not exceeding $100; and

(ii) for the purchase of property at a fixed price within an agreed period of time not exceeding 6 months.

(3) An option may not be disclosed to the public until the option is signed by both parties.

(4) After an option has been signed by both parties, the governing body, unit of the county, or county board of education shall publish notice of the option once each week for 2 successive weeks in a newspaper of general circulation in the county.

(5) (i) A notice published under this subsection shall specify:

1. the name of the optioner and optionee;

2. the length of the option;

3. the proposed purchase price for the property; and

4. the date, time, and place for the public hearing on the option.

(ii) The governing body, unit of the county, or county board of education shall set a date for the hearing that is between 7 and 30 days, inclusive, after the date on which the final notice is published.

(6) The governing body, unit of the county, or county board of education shall allow any person to testify at a public hearing on an option.

(7) After the public hearing, the governing body, unit of the county, or county board of education:

(i) shall exercise the option as soon as legally allowed, if the governing body, unit of the county, or county board of education determines that the option is necessary or desirable; or

(ii) may not exercise the option, if the governing body, unit of the county, or county board of education determines that the option is not necessary or desirable.

(b) (1) The governing body of Cecil County may:

(i) sell by public or private sale or lease surplus county real property; and

(ii) execute and acknowledge any instrument necessary to transfer the property.

(2) Before the governing body may contract to transfer an interest in county real property, the governing body shall:

(i) hold a public hearing between the hours of 6 p.m. and 10 p.m.; and

(ii) advertise the public hearing at least 2 weeks before the day of the hearing in a newspaper of general circulation in the county.
Md. Code, Commercial Law § 12-804 — MD Code / Article gcl / Title 12 / Subtitle 8 / Section 12-804
§12–804.
Status: in_force

(a) A mortgage broker may charge a finder’s fee not in excess of 8 percent of the amount of the loan or advance.

(b) In addition to a finder’s fee, a mortgage broker may charge a borrower for the actual cost of:

(1) Any appraisal, credit report, condominium document, or subordination agreement document obtained by the mortgage broker at the written request of the borrower; and

(2) Any other good or service, as specified in regulations adopted by the Commissioner, that is required to complete a loan application process and that, at the written request of the borrower, is paid by the mortgage broker to a third–party provider of the good or service.

(c) A mortgage broker obtaining a mortgage loan with respect to the same property more than once within a 24–month period may charge a finder’s fee if the fee is not in excess of 8% of the initial loan amount when combined with the finder’s fee charged on the initial loan and on any other finder’s fee collected during that 24–month period.

(d) The provisions of this section do not apply to:

(1) The charging of fees and charges otherwise permitted under this title; or

(2) Attorney’s fees unless the attorney is functioning as a mortgage broker.

(e) A mortgage broker may not charge a finder’s fee in any transaction in which the mortgage broker or an owner, part owner, partner, director, officer, or employee of the mortgage broker is the lender or an owner, part owner, partner, director, officer, or employee of the lender.
Md. Code, Commercial Law § 12-618 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-618
§12–618.
Status: in_force

(a) In this section, “add-on contract” means an installment sale agreement which allows the inclusion in it of additional goods subsequently purchased and under which the amount due on the subsequent purchase is combined with an unpaid balance on any prior purchase so as to permit the seller to retain a security interest in all goods under that agreement.

(b) If goods are purchased under an add-on contract, the seller shall deliver to the buyer and attach to the add-on contract, at the time of the additional purchase, a statement which:

(1) Contains all information regarding the additional purchase required by § 12-606 of this subtitle; and

(2) Shows:

(i) The amount due on the installment sale agreement immediately before the additional purchase;

(ii) The amount due after the additional purchase;

(iii) The payments agreed to be made subsequently; and

(iv) The number of additional months required to complete the payments.

(c) (1) If a payment is made on an add-on contract after an additional purchase is added, the payment is considered as applied to each of the separate purchases in the same proportion which the cash price of each purchase bears to the total cash price of all goods in which the seller retains a security interest.

(2) Before repossessing or attempting to repossess any goods under an add-on contract, the seller shall apply all payments made to him by the buyer in the manner provided by paragraph (1) of this subsection.

(3) If the amount due on any separate purchase is paid fully, the goods paid for are the absolute property of the buyer and may not be subject to repossession for any subsequent default on the agreement.

(d) The buyer under an add-on contract may prepay at any time the amount due on any of the separate purchases in the manner provided by § 12-620 of this subtitle.

(e) If the goods subject to an add-on contract are repossessed, the buyer may redeem any of the separate purchases by payment of the amount due on that purchase alone.
Md. Code, Real Property § 12-210 — MD Code / Article grp / Title 12 / Subtitle 2 / Section 12-210
§12–210.
Status: in_force

(a) In order to promote uniform and effective administration of relocation assistance and real property acquisition, the displacing agencies, where applicable, shall consult one another and the lead agency on the establishment of rules and regulations and procedures for the implementation of these programs.

(b) Notwithstanding the provisions and limitations of this subtitle:

(1) Except as otherwise determined by the lead agency, any person receiving federal financial assistance may elect not to comply with §§ 12-207, 12-208, and 12-209 of this subtitle;

(2) When not receiving State or federal financial assistance, a displacing agency may elect not to comply with §§ 12-207, 12-208, and 12-209 of this subtitle; or

(3) When not receiving State or federal financial assistance, a displacing agency having the authority to acquire property by eminent domain or to displace persons permanently under State law may elect not to comply with §§ 12-202, 12-203, 12-204, 12-205, and 12-206 of this subtitle.

(c) Each displacing agency may establish rules and regulations and procedures as it determines to be necessary to assure:

(1) That the payments and assistance authorized by this subtitle are administered in a manner which is fair and reasonable, and as uniformly as feasible;

(2) That a displaced person who makes proper application for a payment, authorized for the person by this subtitle, is paid promptly after a move or, in hardship cases, is paid in advance; and

(3) That any person aggrieved by a determination as to eligibility for a payment, authorized by this subtitle, or the amount of a payment, may have his application reviewed by the displacing agency having authority over the applicable program or project.

(d) Each displacing agency, where applicable, may adopt rules, regulations, and procedures, consistent with the provisions of this subtitle and the federal “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”, Public Law 91-646, the amendments of 1987 Public Law 100-17, and rules and regulations issued in accordance with it, as it deems necessary or appropriate to carry out the provisions of this subtitle and the federal act.

(e) All rules and regulations adopted in accordance with this subtitle, except those adopted in accordance with § 12-205 of this subtitle, shall comply with the State Administrative Procedure Act. This subsection does not apply to rules and regulations adopted by Baltimore City, or any of its agencies or departments.

(f) (1) Notwithstanding any provision of this title, Baltimore City, or any of its agencies or departments responsible either in whole or in part for the administration of any public project, funded either in whole or in part by federal funds, including urban renewal programs and area code enforcement programs, may do any act necessary, including adoption of rules and regulations, to comply with the terms, conditions, and provisions of any federal law and rule and regulation authorizing benefits, payments, and compensation for displacees from these public projects and for persons owning any right, title to, or interest in real property acquired for these public projects in order to obtain the full benefit under them for the city and for persons and displacees from these projects in Baltimore City.

(2) This subsection applies to existing acts of Congress authorizing benefits, payments and compensation for or to persons and displacees from public improvement projects receiving federal funds, subsequent acts of Congress of like character, and any existing or subsequently adopted rules and regulations issued in connection with them.
Md. Code, Local Government § 12-522 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-522
§12–522.
Status: in_force

If any road in Frederick County has not been maintained for a period of 20 years before July 1, 1973, it shall be conclusively presumed that the road was closed in accordance with this subtitle.
Md. Code, Commercial Law § 12-501 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-501
§12–501.
Status: in_force

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

(b) “Account” means a retail credit account.

(c) (1) “Buyer” means a person who, under a retail credit account transaction, buys goods or obtains services from a seller not principally for the purpose of resale.

(2) “Buyer” includes:

(i) A person who enters into a prior agreement with a financial institution by which the financial institution agrees to pay the debts of the buyer as they accrue at various retail sellers designated by the financial institution, in consideration of which the buyer pays to the financial institution the cash sale price and the finance charge; and

(ii) A prospective buyer.

(d) (1) “Cash sale price” means the price for which the seller would sell or furnish to the buyer the goods or services which are the subject of a retail credit account if the sale were a sale for cash and not under the account.

(2) “Cash sale price” includes any taxes and charges for delivery, installation, servicing, repair, alteration, or any improvement which is supplied or rendered in connection with the sale.

(e) “Closed end account” means a retail credit account in which the finance charge is computed in advance and assessed on the original unpaid balance of the purchase price.

(f) “Finance charge” means the amount, however expressed, in excess of the cash sale price which a seller or financial institution charges a buyer for the privilege of purchasing goods or services in a retail credit account transaction.

(g) (1) “Financial institution” means a person who enters into an agreement with a buyer by which the person agrees to extend credit to the buyer and apply it as directed by him by use of a credit card which the person issues to the buyer.

(2) “Financial institution” includes an incorporated bank, savings institution, and trust company.

(h) (1) “Goods” means any tangible personal property purchased primarily for personal, family, or household purposes, including any certificate or coupon exchangeable for it.

(2) “Goods” includes goods which at or after the time of sale are affixed to real property or become a part of it, whether or not severable from it.

(3) “Goods” does not include any:

(i) Tangible personal property purchased primarily for industrial, commercial, or agricultural purposes;

(ii) Motor vehicle, as defined in the State Motor Vehicle Law; or

(iii) Home improvement, as defined in the Maryland Home Improvement Law, or any transaction under that law.

(i) “Holder” means a person, including a seller and a financial institution, entitled to enforce a retail credit account against a buyer.

(j) “Open end account” means a retail credit account in which the finance charge is assessed on the outstanding balances from month to month.

(k) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(l) (1) “Retail credit account” means an agreement or transaction for the retail sale of goods or services, which is negotiated or entered into and pursuant to which a time sale price is established.

(2) “Retail credit account” includes credit card financing by a financial institution.

(m) “Seller” means a person regularly engaged in the business of selling goods to retail buyers.

(n) (1) “Services” means work, labor, and services furnished primarily for personal, family, or household purposes.

(2) “Services” includes:

(i) Services furnished in connection with the improvement of real property; and

(ii) Contributions to a “charitable organization” as defined in the Maryland Charitable Solicitations Act.

(3) “Services” does not include any:

(i) Work, labor, or service furnished primarily for industrial, commercial, or agricultural purposes; or

(ii) Service for which the tariff, rate, charge, cost, or expense, including in each instance the time sale price, is required by law to be filed with or approved by the United States, the State, or any department, division, commission, or agency of either.

(o) “Time sale price” means the total of the cash sale price and the amount of the finance charge.
Md. Code, Commercial Law § 12-311 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-311
§12–311.
Status: in_force

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

(2) “Fully indexed rate” means the index rate, as defined in the mortgage loan documents, prevailing at the time the mortgage loan is approved by the lender, plus the margin that will apply after the expiration of an introductory interest rate.

(3) (i) “Mortgage loan” has the meaning stated in § 11–501 of the Financial Institutions Article.

(ii) “Mortgage loan” does not include a reverse mortgage loan.

(b) A lender may not take as security for a loan any:

(1) Confession of judgment or power of attorney to him or to a third person to confess judgment or appear for the borrower in a judicial proceeding;

(2) Assignment or order for payment of wages;

(3) Instrument in which blanks are left to be filled after execution; or

(4) Note, promise to pay, or security instrument which does not state:

(i) The principal amount of the loan;

(ii) A schedule of payments or a description of the schedule; and

(iii) The agreed amount and rate of interest, charges, and fees.

(c) (1) A lender may not take any security interest in:

(i) Real property for any loan under $4,000 in value or amount; or

(ii) Personal property for any loan under $1,400 in value or amount.

(2) Any lien taken in violation of this subsection is void.

(3) This subsection does not apply to or affect a lien on an interest in real property which results from a judgment obtained by the lender based on a loan otherwise secured or unsecured.

(d) A lender may not make a mortgage loan without giving due regard to the borrower’s ability to repay the mortgage loan in accordance with its terms, including the fully indexed rate of the mortgage loan, if applicable, and property taxes and homeowner’s insurance whether or not an escrow account is established for the collection and payment of these expenses.

(e) (1) Due regard to a borrower’s ability to repay a mortgage loan must include:

(i) Consideration of the borrower’s debt to income ratio, including existing debts and other obligations; and

(ii) Verification of the borrower’s gross monthly income and assets by review of third–party written documentation reasonably believed by the lender to be accurate and complete.

(2) Acceptable third–party written documentation includes:

(i) The borrower’s Internal Revenue Service form W–2;

(ii) A copy of the borrower’s income tax return;

(iii) Payroll receipts;

(iv) The records of a financial institution; or

(v) Other third–party documents that provide reasonably reliable evidence of the borrower’s income or assets.

(3) This subsection does not apply to a mortgage loan:

(i) Approved for government guaranty by the Federal Housing Administration, the Veterans Administration, the United States Department of Agriculture, the Maryland Department of Housing and Community Development, or the Community Development Administration; or

(ii) That refinances an existing mortgage loan if the refinance mortgage loan is:

1. Offered under the federal Homeowner Affordability and Stability Plan; and

2. Made available by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
Md. Code, Corporations and Associations § 12-102 — MD Code / Article gca / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

(a) Except as provided in the governing instrument of a statutory trust or in this title, the laws of this State pertaining to trusts are hereby made applicable to statutory trusts.

(b) For purposes of any tax imposed by the Tax – General Article, a statutory trust shall be classified as a corporation, an association, a partnership, a trust, or otherwise, as shall be determined under the United States Internal Revenue Code of 1986, as amended, or under any successor provision.

(c) Any statutory trust qualifying as a real estate mortgage investment conduit under § 860D of the Internal Revenue Code or any successor provision shall be exempt from income tax except with respect to that portion of its income that is subject to federal income tax.
Md. Code, Public Utilities § 12-312 — MD Code / Article gpu / Title 12 / Subtitle 3 / Section 12-312
§12–312.
Status: in_force

(a) After approval by the Commission of an agreement under § 12-311 of this subtitle and, if required, a public hearing in accordance with § 12-309 of this subtitle, the legislative body of the county or municipal corporation may adopt a resolution ordering the conversion to be completed in accordance with the resolution.

(b) The resolution shall include:

(1) a description of the proposed conversion district;

(2) the method of financing the conversion costs, including:

(i) the issuance of bonds or other evidence of indebtedness;

(ii) an advance from the general fund of the county or municipal corporation; or

(iii) direct payment by the landowners in the conversion district of their respective shares of the conversion costs; and

(3) the amount and duration of property taxes to be levied in the conversion district each year for repayment of any bonds, evidence of indebtedness, or any advances from the general fund of the county or municipal corporation.
Md. Code, Education § 12-105 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

(a) (1) In consultation with the institutions and the Chancellor, the Board shall:

(i) Establish standards for funding based on differences in the size and mission of the constituent institutions;

(ii) Review, modify, as necessary, and approve consolidated budget requests for appropriations for the University System of Maryland with respect to:

1. The operating budget; and

2. The capital budget; and

(iii) Submit these requests for appropriations organized by constituent institutions as part of the requests and proposals submitted to the Commission under § 11–105(i)(1) of this article.

(2) After the Board submits the requests for appropriations to the Commission, Governor, and General Assembly, on a date set by the Governor, the Presidents of the University of Maryland campuses shall have the opportunity to meet with the Governor to present the institution’s annual budget request and proposals for capital projects for the next fiscal year to:

(i) Discuss how the requests for appropriations submitted by the Board impacts the mission of the University of Maryland, Baltimore Campus and the University of Maryland, College Park Campus as the State’s flagship institution; and

(ii) Recommend that the Governor approve or enhance the requests for appropriations submitted by the Board.

(b) (1) The title to any land acquired by the University System of Maryland shall be in the State of Maryland for the use of the University System of Maryland.

(2) All property of the University is the property of the State.

(c) (1) The Board may borrow money to acquire interests in personal property, including fixtures, for the University System of Maryland, on such terms and conditions as the Board considers proper.

(2) Such borrowing may be secured by the personal property acquired or revenues derived from such property.

(3) (i) Such borrowing does not create or constitute any indebtedness or obligation of the State or any political subdivision of the State other than the University.

(ii) Such borrowing does not constitute a debt or obligation contracted by the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.

(d) (1) All income of the University shall be deposited:

(i) In the State Treasury; or

(ii) As the State Treasurer directs.

(2) By an approved budget amendment, the University may spend, or encumber, within the fiscal year in which they are received, revenues received in excess of those estimated for any fiscal year.

(3) All unexpended or unencumbered balances of the University’s revenues:

(i) Shall be reported to the Comptroller at the end of the fiscal year for which the appropriation was made;

(ii) Do not revert to the general treasury of the State at the end of each fiscal year; and

(iii) Shall be available for expenditure through an appropriation contained in a budget bill or through an approved budget amendment.

(4) The provisions of this subsection may not be interpreted in any way that would diminish the authority of the Board of Regents under § 12–104(c) of this subtitle.

(5) The interest or other income from the investment of any funds of the University shall be credited to the University, provided that any interest estimated to be earned on the State appropriation must be offset by an equivalent reduction in State General Fund support, and such amount will be reported annually, subject to § 2–1257 of the State Government Article, to the General Assembly.

(e) The University shall provide the Board of Public Works, and any member of the General Assembly, with any information on any phase of operation of the University that may be requested.

(f) The Legislative Auditor shall audit all expenditures and accounts of the University System of Maryland, in accordance with §§ 2–1220 through 2–1227 of the State Government Article.

(g) (1) Notwithstanding any other provision of law, and except as provided in paragraph (2) of this subsection, the University shall use the statewide Financial Management Information System as administered by the Executive Branch as its accounting, budgeting, personnel, and payroll system.

(2) The University may use an internal Financial Management Information System software program and State–approved interfaces for its accounting, budgeting, personnel, and payroll systems.
Md. Code, Health Occupations § 12-6C-01 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-01
§12–6C–01.
Status: reserved

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

(b) “Authenticate” means to affirmatively verify, before any wholesale distribution of a prescription drug occurs, that each transaction listed on the pedigree for the prescription drug has occurred.

(c) “Authorized distributor of record” means a wholesale distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturer’s prescription drug.

(d) “Co–licensed partner” means a person in a relationship in which two or more persons have the right to engage in the manufacturing or marketing of a prescription drug, consistent with the U.S. Food and Drug Administration’s implementation of the federal Prescription Drug Marketing Act.

(e) “Co–licensed product” means a product of co–licensed partners.

(f) “Designated representative” means an individual who:

(1) Is designated by a wholesale distributor;

(2) Serves as the primary contact of the wholesale distributor with the Board; and

(3) Is actively involved in and aware of the daily operation of the wholesale distributor.

(g) “Drop shipment” means the sale of a prescription drug:

(1) To a wholesale distributor by:

(i) The manufacturer of the prescription drug; or

(ii) The manufacturer’s co–licensed partner, third party logistics provider, or manufacturer’s exclusive distributor; and

(2) Through which:

(i) The wholesale distributor or a pharmacy warehouse takes title to but not physical possession of the prescription drug;

(ii) The wholesale distributor invoices the pharmacy, pharmacy warehouse, or other person authorized by law to dispense or administer the prescription drug to a patient; and

(iii) The pharmacy, pharmacy warehouse, or other authorized person receives delivery of the prescription drug directly from:

1. The manufacturer; or

2. The manufacturer’s third party logistics provider or the manufacturer’s exclusive distributor.

(h) “Facility” means a facility of a wholesale distributor where prescription drugs are stored, handled, repackaged, or offered for sale.

(i) “Intracompany sales” means a:

(1) Transaction or transfer of prescription drugs between a division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity, other than a transaction or transfer of prescription drugs from a pharmacy to a wholesale distributor; or

(2) Transaction or transfer of a co–licensed product between co–licensed partners.

(j) “Manufacturer” means a person licensed or approved by the U.S. Food and Drug Administration to engage in the manufacture of prescription drugs or prescription devices, consistent with the definition of “manufacturer” under the U.S. Food and Drug Administration’s regulations and guidelines implementing the Prescription Drug Marketing Act.

(k) “Manufacturer’s exclusive distributor” means a person who:

(1) Contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of the manufacturer; and

(2) Takes title to the manufacturer’s prescription drug, but does not have general responsibility to direct the sale or disposition of the manufacturer’s prescription drug.

(l) “Normal distribution channel” means a chain of custody for a prescription drug that, directly or by drop shipment, goes:

(1) From:

(i) A manufacturer of the prescription drug; or

(ii) The manufacturer’s co–licensed partner, third party logistics provider, or manufacturer’s exclusive distributor; and

(2) To:

(i) A pharmacy or other designated person authorized by law to dispense or administer the prescription drug to a patient;

(ii) A wholesale distributor to a pharmacy or other designated person authorized by law to dispense or administer the prescription drug to a patient;

(iii) A wholesale distributor to a pharmacy warehouse to the pharmacy warehouse’s intracompany pharmacy or other designated person authorized by law to dispense or administer the prescription drug to a patient;

(iv) A pharmacy warehouse to the pharmacy warehouse’s intracompany pharmacy or other designated person authorized by law to dispense or administer the prescription drug to a patient; or

(v) An authorized distributor of record to another authorized distributor of record solely for distribution to an office–based health care practitioner authorized by law to dispense or administer the prescription drug to a patient.

(m) “Ongoing relationship” means a relationship that exists between a wholesale distributor, including any affiliated group of the wholesale distributor, as defined in § 1504 of the Internal Revenue Code, and a manufacturer when the wholesale distributor:

(1) Has a written agreement currently in effect with the manufacturer evidencing the ongoing relationship; and

(2) Is listed on the manufacturer’s current list of authorized distributors of record.

(n) “Pedigree” means a document or electronic file containing information that records each wholesale distribution of a prescription drug.

(o) “Pharmacy warehouse” means a physical location for storage of prescription drugs that:

(1) Serves as a central warehouse; and

(2) Performs intracompany sales or transfers of the prescription drugs to a group of pharmacies that are under common ownership and control with the pharmacy warehouse.

(p) “Prescription device” means any device required by federal law or regulation to be dispensed only by a prescription.

(q) (1) “Prescription drug” means any drug required by federal law or regulation to be dispensed only by a prescription.

(2) “Prescription drug” includes:

(i) A biological product; and

(ii) Finished dosage forms and bulk drug substances subject to § 503(b) of the Federal Food, Drug, and Cosmetic Act.

(3) “Prescription drug” does not include blood and blood components intended for transfusion or biological products that are also medical devices.

(r) (1) “Repackage” means to repackage or otherwise change the container, wrapper, or labeling of a prescription drug to further the distribution of the prescription drug.

(2) “Repackage” does not include changes to a container, wrapper, or labeling of a prescription drug completed by the pharmacist responsible for dispensing the prescription drug to a patient.

(s) “Repackager” means a person who repackages prescription drugs.

(t) “Third party logistics provider” means a person who:

(1) Contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of the manufacturer; but

(2) Does not take title to the prescription drug or have general responsibility to direct the prescription drug’s sale or disposition.

(u) (1) “Wholesale distribution” means the distribution of prescription drugs or prescription devices to persons other than a consumer or patient.

(2) “Wholesale distribution” does not include:

(i) Intracompany sales;

(ii) The sale, purchase, distribution, trade, or transfer of a prescription drug or an offer to sell, purchase, distribute, trade, or transfer a prescription drug for emergency medical reasons;

(iii) The sale, purchase, distribution, trade, or transfer of a prescription drug or prescription device by the Department for public health purposes;

(iv) The distribution of samples of a prescription drug by a manufacturer’s representative;

(v) Prescription drug returns conducted by a hospital, health care entity, or charitable institution in accordance with 21 C.F.R. § 203.23;

(vi) The sale of minimal quantities of prescription drugs by retail pharmacies to licensed health care practitioners for office use;

(vii) The sale, purchase, or trade of a prescription drug, an offer to sell, purchase, or trade a prescription drug, or the dispensing of a prescription drug in accordance with a prescription;

(viii) The sale, transfer, merger, or consolidation of all or part of the business of a pharmacy to or with another pharmacy, whether accomplished as a purchase and sale of stock or business assets;

(ix) The sale, purchase, distribution, trade, or transfer of a prescription drug from one authorized distributor of record to one additional authorized distributor of record if:

1. The manufacturer has stated in writing to the receiving authorized distributor of record that the manufacturer is unable to supply the prescription drug; and

2. The supplying authorized distributor of record states in writing that the prescription drug being supplied had until that time been exclusively in the normal distribution channel;

(x) The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier’s usual course of business of transporting prescription drugs, if the common carrier does not store, warehouse, or take legal ownership of the prescription drug; or

(xi) The sale or transfer from a pharmacy or pharmacy warehouse of expired, damaged, returned, or recalled prescription drugs to:

1. The original wholesale distributor;

2. The original manufacturer; or

3. A third party returns processor.

(v) (1) “Wholesale distributor” means a person that is engaged in the wholesale distribution of prescription drugs or prescription devices.

(2) “Wholesale distributor” includes:

(i) A manufacturer;

(ii) A repackager;

(iii) An own–label distributor;

(iv) A private–label distributor;

(v) A jobber;

(vi) A broker;

(vii) A warehouse, including a manufacturer’s or distributor’s warehouse;

(viii) A manufacturer’s exclusive distributor or an authorized distributor of record;

(ix) A drug wholesaler or distributor;

(x) An independent wholesale drug trader;

(xi) A third party logistics provider;

(xii) A pharmacy that conducts wholesale distribution, if the wholesale distribution business accounts for more than 5% of the pharmacy’s annual sales; and

(xiii) A pharmacy warehouse that conducts wholesale distribution.

(w) “Wholesale distributor permit” means a permit issued by the Board under this subtitle to distribute prescription drugs or prescription devices into, out of, or within the State as a wholesale distributor.
Md. Code, Health Occupations § 12-204 — MD Code / Article gho / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) A majority of the members then serving on the Board is a quorum to do business.

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

(c) Each member of the Board is entitled to:

(1) Compensation in accordance with the budget of the Board; and

(2) Reimbursement for expenses at a rate determined by the Board.

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

(2) The Board may designate 1 of its staff as an executive director.
Md. Code, Commercial Law § 12-1101 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1101
§12–1101.
Status: in_force

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

(b) (1) “Advertisement” means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a rental–purchase agreement.

(2) “Advertisement” does not include in–store merchandising ads.

(c) “Cash price” means the price at which the lessor would have sold rental property covered by a rental–purchase agreement to the consumer unconditionally for cash on the date of consummation.

(d) “Consumer” means an individual who rents personal property under a rental–purchase agreement primarily for personal, family, or household purposes.

(e) “Consummation” means the time at which a consumer enters into a rental–purchase agreement.

(f) “Cost of lease services” means the difference between the final purchase price of rental property and the cash price of rental property.

(g) “Lessor” means a person who regularly provides the use of personal property through rental–purchase agreements to consumers and to whom rental payments are initially payable on the face of a rental–purchase agreement.

(h) “Rental property” means personal property that is the subject of a rental–purchase agreement.

(i) “Rental–purchase agreement” means an agreement that:

(1) Is for the use of personal property by an individual primarily for personal, family, or household purposes;

(2) Is for an initial period of 4 months or less;

(3) Is automatically renewable for a weekly or monthly period with each rental payment after the initial period; and

(4) Allows but does not obligate the consumer to become the owner of the property.
Md. Code, Courts and Judicial Proceedings § 12-401 — MD Code / Article gcj / Title 12 / Subtitle 4 / Section 12-401
§12–401.
Status: in_force

(a) A party in a civil case may appeal from a final judgment entered in the District Court.

(b) In a criminal case:

(1) The State may appeal from a final judgment entered in the District Court:

(i) If the State alleges that the trial judge failed to impose the sentence specifically mandated by the Code; or

(ii) Granting a motion to dismiss, or quashing or dismissing a charging document.

(2) The defendant may appeal even from a final judgment entered in the District Court though imposition or execution of sentence has been suspended.

(c) Notwithstanding any other provision of law, an appeal taken under subsection (b)(1)(ii) of this section shall be:

(1) To the circuit court solely for the purpose of reviewing the judgment of the District Court; and

(2) Heard on the record made in the District Court.

(d) (1) A defendant who has been found guilty of a municipal infraction, as described in § 6–102 of the Local Government Article or a Code violation under § 10–119 of the Criminal Law Article, may appeal from the final judgment entered in the District Court.

(2) The costs and procedures for taking the appeal shall be as provided for appeals from criminal cases in the District Court.

(3) Except, however, as provided in subsection (f) of this section, the appellate court shall docket and hear the appeal as a civil appeal from the District Court.

(e) (1) Except as provided in paragraph (2) of this subsection, an appeal shall be taken by filing an order for appeal with the clerk of the District Court within 30 days from the date of the final judgment from which appealed.

(2) If the final judgment was entered in a case filed under § 8–332, § 8–401, § 8–402, § 14–109, or § 14–120 of the Real Property Article, the order for appeal shall be filed within the time prescribed by the particular section.

(f) In a civil case in which the amount in controversy exceeds $5,000 exclusive of interest, costs, and attorney’s fees if attorney’s fees are recoverable by law or contract, in any matter arising under § 4–401(7)(ii) of this article, and in any case in which the parties so agree, an appeal shall be heard on the record made in the District Court. In every other case, including a criminal case in which sentence has been imposed or suspended following a plea of nolo contendere or guilty, and an appeal in a municipal infraction or Code violation case, an appeal shall be tried de novo.

(g) In a criminal appeal that is tried de novo:

(1) There is no right to a jury trial unless the offense charged is subject to a penalty of imprisonment or unless there is a constitutional right to a jury trial for that offense; and

(2) On the filing of a notice of appeal, the circuit court may stay a sentence of imprisonment imposed by the District Court and release the defendant pending trial in the circuit court.
Md. Code, Commercial Law § 12-410 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-410
§12–410.
Status: in_force

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

(2) “Covered loan” means a mortgage loan made under this subtitle that meets the criteria for a loan subject to the federal Home Ownership and Equity Protection Act set forth in 15 U.S.C. § 1602(bb), as modified from time to time by Regulation Z, 12 C.F.R. Part 1026, except that the comparison percentages for the mortgage loan shall be one percentage point less than those specified in 15 U.S.C. § 1602(bb), as modified from time to time by Regulation Z, 12 C.F.R. Part 1026.

(3) “Credit health insurance” has the meaning stated in § 13–101 of the Insurance Article.

(4) “Credit involuntary unemployment benefit insurance” has the meaning stated in § 13–101 of the Insurance Article.

(5) (i) “Credit life insurance” means insurance on the life of a borrower that provides indemnity for repayment of a specific loan or credit transaction on the death of the borrower.

(ii) “Credit life insurance” does not include life insurance payable to a beneficiary designated by the borrower other than the obligee of a specific loan or credit transaction.

(6) “Mortgage loan” has the meaning stated in § 11–501 of the Financial Institutions Article.

(7) “Premium” has the meaning stated in § 1–101 of the Insurance Article.

(8) “Single premium coverage” means insurance for which the total premium is payable in one lump sum at or before the time coverage commences.

(b) Subject to the provisions of this section, a lender may require a borrower to insure and may collect from the borrower the premiums paid for insurance on:

(1) Any real property securing the loan;

(2) The life of any person obligated on the loan; and

(3) The title of any real property securing the loan.

(c) Subject to the provisions of this section, the licensee may collect from the borrower, at the borrower’s option, the premiums paid for credit health insurance covering any one borrower obligated on the loan. The insurance may not provide benefits exceeding the actual period of disability.

(d) (1) Subject to the provisions of subsections (e), (f), (g), and (h) of this section, a lender may collect from a borrower, at the option of the borrower, the premiums paid for credit involuntary unemployment benefit insurance covering the borrower.

(2) The availability of credit involuntary unemployment benefit insurance to a borrower may not be made contingent on the purchase of any other type of insurance permitted under this section.

(e) (1) Except as provided in this subsection, a lender making a covered loan may not finance as a part of the covered loan transaction single premium coverage for:

(i) Credit health insurance;

(ii) Credit involuntary unemployment benefit insurance; or

(iii) Credit life insurance.

(2) Nothing in this subsection shall prohibit the financing of any insurance coverage in connection with a mobile home or its premises, as those terms are defined in § 8A-101 of the Real Property Article.

(f) (1) (i) 1. In this paragraph the following words have the meanings indicated.

2. “Improvements” means buildings or structures erected upon or affixed to real property that enhance the value of the real property.

3. “Property insurance coverage” means property insurance against losses caused by perils that commonly are covered in insurance policies described with terms similar to “standard fire” or “standard fire with extended coverage”.

4. A. ”Replacement cost” means the amount needed to repair damage to or rebuild improvements on real property to restore the improvements to their pre-loss condition.

B. “Replacement cost” does not include the value of land.

(ii) A lender may not require a borrower, as a condition to receiving or maintaining a secondary mortgage loan, to provide or purchase property insurance coverage against risks to any improvements on any real property in an amount exceeding the replacement cost of the improvements on the real property.

(iii) In determining the replacement cost of the improvements on any real property, the lender may:

1. Accept the value placed on the improvements by the insurer; or

2. Use the value placed on the improvements by the lender’s appraisal of the improvements.

(iv) Any property insurance coverage required by a lender shall bear a reasonable relation to the existing risk of loss.

(v) A violation of this paragraph or of subsection (h) of this section shall entitle the borrower to:

1. Seek an injunction to prohibit the lender who has engaged or is engaging in the violation from continuing or engaging in the violation;

2. Reasonable attorney’s fees; and

3. Damages directly resulting from the violation.

(vi) A violation of this paragraph or of subsection (h) of this section does not affect the validity of the mortgage or deed of trust securing the secondary mortgage loan.

(2) The amount of credit life insurance may not exceed the total original amount payable under the loan contract.

(3) The credit health insurance shall provide:

(i) Benefits not exceeding the then scheduled unpaid total of payments of the loan;

(ii) A waiting period for the collection of benefits of at least 14 days; and

(iii) Periodic benefits, the amount of each of which may not exceed the originally scheduled total of payments under the loan contract, divided by the number of installments.

(4) The credit involuntary unemployment benefit insurance may not provide that:

(i) The periodic benefits shall continue for a period exceeding the actual period of the borrower’s involuntary unemployment; or

(ii) The aggregate amount of periodic benefits payable in the event of a borrower’s involuntary loss of employment shall exceed the scheduled unpaid total of payments remaining on the loan on the date of the borrower’s involuntary loss of employment.

(5) A lender may not require a borrower to purchase credit involuntary unemployment benefit insurance as a condition of obtaining a loan.

(g) Under this subtitle, insurance may be obtained only:

(1) From an insurance company qualified to do business in the State; and

(2) At rates not exceeding those approved by the Insurance Administration.

(h) A lender may not require the borrower to purchase any insurance:

(1) Through a particular insurance producer or insurance company; or

(2) From the lender.
Md. Code, Health Occupations § 12-504.1 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-504.1
§12–504.
Status: in_force

§12–504.1.

(a) Except as provided in subsection (d) of this section, within 5 business days after dispensing a biological product to a patient, the dispensing pharmacist or the pharmacist’s designee shall communicate the specific biological product dispensed, including the name and manufacturer of the biological product, to the prescriber.

(b) Except as provided in subsection (c) of this section:

(1) The communication required under subsection (a) of this section shall be provided by making an entry that is electronically accessible to the prescriber through:

(i) An interoperable electronic medical records system;

(ii) An electronic prescribing technology;

(iii) A pharmacy benefits management system; or

(iv) A pharmacy record; and

(2) Making an entry through a mechanism listed in paragraph (1) of this subsection is presumed to provide the communication to the prescriber required under subsection (a) of this section.

(c) If the mechanisms listed in subsection (b)(1) of this section are not available, the communication required under subsection (a) of this section may be provided by facsimile, telephone, electronic transmission, or other means.

(d) The communication requirement under subsection (a) of this section does not apply if:

(1) The United States Food and Drug Administration has not approved an interchangeable biological product for the biological product prescribed to the patient; or

(2) A refill prescription is not changed from the biological product dispensed on the most recent filling of the prescription.
Md. Code, State Finance and Procurement § 12-101 — MD Code / Article gsf / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

(a) This section does not apply to:

(1) capital expenditures by the Department of Transportation or the Maryland Transportation Authority, in connection with State roads, bridges, or highways, as provided in § 12–202 of this title; or

(2) procurements by the Department of General Services for the purpose of modernizing cybersecurity infrastructure for the State valued below $1,000,000.

(b) (1) The Board may control procurement by units.

(2) To implement the provisions of this Division II, the Board may:

(i) set policy;

(ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the State Government Article; and

(iii) establish internal operational procedures consistent with this Division II.

(3) The Board shall ensure that the regulations of the primary procurement units provide for procedures that are consistent with this Division II and Title 13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the circumstances of a particular type of procurement or a particular unit do not require otherwise, are substantially the same.

(4) The Board may delegate any of its authority that it determines to be appropriate for delegation and may require prior Board approval for specified procurement actions.

(5) Except as limited by the Maryland Constitution, the Board may exercise any control authority conferred on a primary procurement unit by this Division II and, to the extent that its action conflicts with the action of the primary procurement unit, the action of the Board shall prevail.

(c) On or before December 1 each year, the Department of General Services shall submit a report to the Board on procurements made under subsection (a)(2) of this section that shall include for each procurement:

(1) the purpose of the procurement;

(2) the name of the contractor;

(3) the contract amount;

(4) the method of procurement utilized;

(5) the number of bidders who bid on the procurement; and

(6) the contract term.

(d) A contract to modernize an information technology system or to proceed with an expedited project as defined in § 3.5–301 of this article shall be expedited for approval by the Board and placed on the agenda of the Board as soon as practicable.
Md. Code, Commercial Law § 12-1001 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1001
§12–1001.
Status: in_force

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

(b) (1) “Balloon payment” means any scheduled payment on an installment loan that is more than 2 times the average of all other payments scheduled to repay the installment loan.

(2) “Balloon payment” does not include a down payment.

(c) “Borrower” means a corporation, partnership, association, government, or governmental subdivision or agency, trust, individual, or other entity receiving a loan or other extension of credit under this subtitle.

(d) “Closed end credit” means the extension of credit by a credit grantor to a borrower under an arrangement or agreement which is not a revolving credit plan as defined in Subtitle 9 of this title.

(e) “Commercial loan” and “extension of credit for a commercial purpose” mean an extension of credit made:

(1) Solely to acquire an interest in or to carry on a business or commercial enterprise; or

(2) To any business or commercial organization.

(f) “Consumer borrower” means an individual receiving a loan or other extension of credit under this subtitle for personal, household, or family purposes or an individual receiving a commercial loan or other extension of credit for any commercial purpose not in excess of $75,000, secured by residential real property.

(g) (1) “Credit grantor” means any individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity making a loan or other extension of credit under this subtitle which is incorporated, chartered, or licensed pursuant to State or federal law, the lending operations of which are subject to supervision, examination, and regulation by a State or federal agency or which is licensed under Title 12, Subtitle 4 of the Financial Institutions Article or is a retailer.

(2) “Credit grantor” includes:

(i) Any bank, trust company, depository institution, or savings bank having a branch in this State;

(ii) A person not required to be licensed under this subtitle, who is exempt from the licensing provisions of Title 11, Subtitle 5 of the Financial Institutions Article, who makes a loan or extension of credit under this subtitle secured by a secondary mortgage on residential real property; and

(iii) Any person who acquires or obtains the assignment of an agreement for an extension of credit made under this subtitle.

(h) “Debt cancellation agreement” means an agreement between a credit grantor and a borrower which provides for cancellation of the remaining loan balance in the event of theft or total destruction of the collateral for the loan minus the proceeds of any insurance maintained on the collateral for the loan or, if the borrower does not have insurance, the actual cash value of the collateral at the time of loss, determined as provided in the agreement.

(i) “Installment loan” means a loan repayable in scheduled periodic payments of principal and interest.

(j) (1) “Loan” means any single extension of closed end credit, whether repayable in installments, on demand, or otherwise and whether extended in one or more advances.

(2) “Loan” includes an advance made in accordance with the terms of a shared appreciation agreement.

(k) “Mechanical repair contract” has the meaning stated in Title 15, Subtitle 3 of the Transportation Article.

(l) “Mobile home” has the meaning stated in § 11–501 of the Financial Institutions Article.

(m) “Remaining loan balance”, when used in reference to a debt cancellation agreement, does not include:

(1) Any delinquent or deferred payments;

(2) Past due charges;

(3) Late payment charges;

(4) Unearned interest;

(5) Unearned rental payments;

(6) The portion of any financed taxes or charges, including charges for credit life insurance, credit health insurance, credit involuntary unemployment benefit insurance, and mechanical repair contracts, actually refunded to the borrower or credited as a reduction to the loan balance; or

(7) By agreement of the parties, the amount of any primary insurance deductible.

(n) “Residential real property” means owner–occupied real property having a dwelling on it designated principally as a residence with accommodations for not more than four families.

(o) “Shared appreciation agreement” has the meaning stated in § 11–501 of the Financial Institutions Article.
Md. Code, Public Safety § 12-914 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-914
§12–914.
Status: in_force

A person who repairs or alters a boiler or pressure vessel shall:

(1) give notice to and obtain approval from the Chief Boiler Inspector, a deputy boiler inspector, or a special inspector before beginning a repair or alteration that:

(i) affects the working pressure or safety of a boiler or pressure vessel; or

(ii) involves fusion welding;

(2) repair the boiler or pressure vessel in accordance with regulations adopted under this subtitle; and

(3) provide reports, as required by regulations adopted under this subtitle, to the Chief Boiler Inspector and the owner of the boiler or pressure vessel.
Md. Code, Financial Institutions § 12-429 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-429
§12–429.
Status: in_force

The State’s Attorney for the county in which the violation occurs or the Attorney General may prosecute any violation of this subtitle.
Md. Code, Corporations and Associations § 12-205 — MD Code / Article gca / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

(a) (1) Articles of merger or consolidation, a restated certificate of trust, a certificate of amendment, a certificate of cancellation, or an amendment of a certificate or articles shall be executed:

(i) In the manner required by § 1–301 of this article; or

(ii) 1. By a person duly authorized by one or more of the trustees; or

2. If there is no trustee, as provided in the governing instrument of the statutory trust.

(2) If articles of merger or consolidation or a certificate of termination or amendment of articles of merger or consolidation is being filed by another business entity or a foreign business entity, the articles of merger or consolidation or the certificate of termination or amendment of articles of merger or consolidation shall be executed by a person authorized to execute the articles or certificate on behalf of the other business entity or foreign business entity.

(b) (1) An executed copy of each certificate required by this subtitle shall be filed with the Department.

(2) The Department may not accept for record any certificate that does not meet the requirements of this subtitle.

(3) The Department may not accept for record or filing any certificate or other document until all required fees have been paid to the Department.

(c) When the Department accepts for record any certificate or any document designating or changing the name or address of a resident agent or principal office of a Maryland statutory trust, the Department shall promptly record the document.

(d) The fact that a certificate of trust is on file in the office of the Department is notice:

(1) That the entity formed in connection with the filing of the certificate of trust is a statutory trust formed under the laws of the State;

(2) Of all other facts which are required to be set forth in a certificate of trust by § 12–204 of this subtitle; and

(3) Of the limitation on liability of a series of a statutory trust which is permitted to be set forth in a certificate of trust by § 12–501(d) of this title.
Md. Code, Health Occupations § 12-102 — MD Code / Article gho / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

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

(2) “In the public interest” means the dispensing of drugs or devices by a licensed dentist, physician, nurse or midwife, or podiatrist to a patient when a pharmacy is not conveniently available to the patient.

(3) “Nurse or midwife” means an individual licensed or certified by the Board of Nursing under Title 8 of this article.

(4) Except as provided in § 15–302.2 of this article, “personally preparing and dispensing” means that the licensed dentist, physician, nurse or midwife, or podiatrist:

(i) Is physically present on the premises where the prescription is filled; and

(ii) Performs a final check of the prescription before it is provided to the patient.

(b) This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

(c) (1) This subsection does not apply to a licensed dentist who obtains a permit from the State Board of Dental Examiners under subsection (h) of this section.

(2) This title does not prohibit:

(i) A licensed veterinarian from:

1. Personally preparing and dispensing the veterinarian’s prescriptions; or

2. Dispensing, in accordance with § 2–313(c) of the Agriculture Article, compounded nonsterile preparations or compounded sterile preparations provided by a pharmacy;

(ii) A licensed dentist, physician, or podiatrist from personally preparing and dispensing the dentist’s, physician’s, or podiatrist’s prescriptions when:

1. The dentist, physician, or podiatrist:

A. Has applied to the board of licensure in this State which licensed the dentist, physician, or podiatrist;

B. Has demonstrated to the satisfaction of that board that the dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the public interest;

C. Has received a written permit from that board to dispense prescription drugs or devices except that a written permit is not required in order to dispense starter dosages or samples without charge; and

D. Posts a sign conspicuously positioned and readable regarding the process for resolving incorrectly filled prescriptions or includes written information regarding the process with each prescription dispensed;

2. The person for whom the drugs or devices are prescribed is a patient of the prescribing dentist, physician, or podiatrist;

3. The dentist, physician, or podiatrist does not have a substantial financial interest in a pharmacy; and

4. The dentist, physician, or podiatrist:

A. Complies with the dispensing and labeling requirements of this title;

B. Records the dispensing of the prescription drug or device on the patient’s chart;

C. Allows the Office of Controlled Substances Administration to enter and inspect the dentist’s, physician’s, or podiatrist’s office at all reasonable hours and in accordance with § 12–102.1 of this subtitle;

D. On inspection by the Office of Controlled Substances Administration, signs and dates an acknowledgment form provided by the Office of Controlled Substances Administration relating to the requirements of this section;

E. Except for starter dosages or samples without charge, provides the patient with a written prescription, maintains prescription files in accordance with § 12–403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions;

F. Does not direct patients to a single pharmacist or pharmacy in accordance with § 12–403(c)(8) of this title;

G. Does not receive remuneration for referring patients to a pharmacist or pharmacy;

H. Complies with the child resistant packaging requirements regarding prescription drugs under Title 22, Subtitle 3 of the Health – General Article;

I. Complies with drug recalls;

J. Maintains biennial inventories and complies with any other federal and State record–keeping requirements relating to controlled dangerous substances;

K. Purchases prescription drugs from a pharmacy or wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by the Board of Pharmacy;

L. Annually reports to the respective board of licensure whether the dentist, physician, or podiatrist has personally prepared and dispensed prescription drugs within the previous year; and

M. Completes ten continuing education credits over a 5–year period relating to the preparing and dispensing of prescription drugs, offered by the Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in consultation with each respective board of licensure, as a condition of permit renewal;

(iii) A licensed physician from dispensing a topical medication without obtaining the permit required under item (ii)1C of this paragraph or completing the continuing education required under item (ii)4M of this paragraph when the physician:

1. Otherwise complies with item (ii) of this paragraph; and

2. Has obtained a special written permit under § 14–509 of this article;

(iv) A licensed physician who complies with the requirements of item (ii) of this paragraph from personally preparing and dispensing a prescription written by:

1. A physician assistant who complies with Title 15, Subtitle 3 of this article; or

2. An advanced practice registered nurse with prescriptive authority under Title 8 of this article and is working with the physician in the same office setting;

(v) A hospital–based clinic from dispensing prescriptions to its patients; or

(vi) An individual licensed or certified under Title 8 of this article from personally preparing and dispensing a drug or device as authorized under Title 8 of this article.

(d) This title does not prohibit:

(1) A licensed veterinarian from personally dispensing a drug or device sample to a patient of the veterinarian; or

(2) A licensed dentist, licensed physician, or licensed podiatrist from personally dispensing a drug or device sample to a patient of the licensed dentist, licensed physician, or licensed podiatrist if:

(i) The sample complies with the labeling requirements of § 12–505 of this title;

(ii) No charge is made for the sample; and

(iii) The authorized prescriber enters an appropriate record in the patient’s chart.

(e) (1) This title does not prohibit:

(i) A dentist, physician, nurse or midwife, or podiatrist from administering a prescription drug or device in the course of treating a patient;

(ii) A licensed dental hygienist from administering medication under § 4–206.4 of this article; or

(iii) A nurse anesthetist from administering medication under § 8–513 of this article.

(2) For the purposes of paragraph (1)(i) of this subsection, “administering” means the direct introduction of a single dosage of a drug or device at a given time, whether by injection or other means, and whether in liquid, tablet, capsule, or other form.

(f) (1) This title does not prohibit a dentist, physician, nurse or midwife, or podiatrist from personally dispensing a starter dosage of a prescription drug or device to a patient of the dentist, physician, nurse or midwife, or podiatrist, provided that:

(i) The starter dosage complies with the labeling requirements of § 12–505 of this title;

(ii) No charge is made for the starter dosage; and

(iii) The dentist, physician, nurse or midwife, or podiatrist enters an appropriate record on the patient’s chart.

(2) For the purposes of paragraph (1) of this subsection, “starter dosage” means an amount of drug or device sufficient to begin therapy:

(i) Of short duration of 72 hours or less; or

(ii) Prior to obtaining a larger quantity of the drug or device to complete the therapy.

(g) This title does not prohibit a dentist, physician, nurse or midwife, or podiatrist from dispensing a prescription drug or device in the course of treating a patient:

(1) At a medical facility or clinic that is operated on a nonprofit basis;

(2) At a health center that operates on a campus of an institution of higher education; or

(3) At a public health facility, a medical facility under contract with a State or local health department, or a facility funded with public funds.

(h) This title does not prohibit a licensed dentist who obtains a permit from the State Board of Dental Examiners that allows the licensed dentist to dispense only prescription strength home fluoride products, dentin/enamel remineralizing products, and antimicrobial rinse from dispensing the product or rinse when:

(1) The product or rinse is dispensed to a patient of the licensed dentist;

(2) The licensed dentist enters an appropriate record in the patient’s chart that the product or rinse was dispensed to the patient; and

(3) The licensed dentist affixes a label on the product or rinse container that includes:

(i) The name of the patient; and

(ii) Unless already printed on the container:

1. The expiration date of the product or rinse; and

2. The instructions for using the product or rinse.

(i) This title does not apply to a person who only dispenses:

(1) Prescription devices that do not contain a prescription drug;

(2) Prescription devices within which the only prescription drug is medical oxygen;

(3) Durable medical equipment, as defined by the Centers for Medicare and Medicaid Services; or

(4) Prosthetics, orthotics, and related supplies.

(j) This title does not prohibit a licensed dentist from dispensing a full course of antibiotics to a patient for infection control if:

(1) The patient is receiving pro bono dental care;

(2) There is no charge for the antibiotics;

(3) The licensed dentist enters an appropriate record of the treatment in the patient’s chart; and

(4) The licensed dentist affixes a label on the antibiotic container that includes:

(i) The name of the patient; and

(ii) Unless already printed on the container:

1. The expiration date of the antibiotic; and

2. The instructions for taking the antibiotic.

(k) This title does not limit the right of a general merchant to sell:

(1) Any nonprescription drug or device;

(2) Any commonly used household or domestic remedy; or

(3) Any farm remedy or ingredient for a spraying solution, in bulk or otherwise.

(l) The Board of Pharmacy, the Board of Dental Examiners, the Board of Physicians, and the Board of Podiatric Medical Examiners annually shall report to the Office of Controlled Substances Administration:

(1) The names and addresses of its licensees who are authorized to personally prepare and dispense prescription drugs; and

(2) The names and addresses of its licensees who have reported, in accordance with subsection (c)(2)(ii)4L of this section, that they have personally prepared and dispensed prescription drugs within the previous year.

(m) A dentist, physician, or podiatrist who fails to comply with the provisions of this section governing the dispensing of prescription drugs or devices shall:

(1) Have the dispensing permit revoked; and

(2) Be subject to disciplinary actions by the appropriate licensing board.
Md. Code, Commercial Law § 12-118 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-118
§12–118.
Status: in_force

A lender may not enter into a loan agreement, providing for an initial interest rate pursuant to § 12–103(a) and (c) of this subtitle or § 12–306 or § 12–404 of this title, which contains a provision that permits the lender to increase or decrease the applicable rate of interest or finance charges from time to time during the term of the obligation, unless:

(1) The loan is secured by an interest in real property;

(2) Any such provision limits adjustments in the rate on an obligation as follows:

(i) The increase and decrease in the rate is determined by an objective index which is not directly controlled by the lender and which is agreed upon by the parties to the agreement.

(ii) The rate may not be adjusted more frequently than once in a 6 month period.

1. The amount of increase in any 6 month period may not be more than the equivalent of 1 percentage point above the rate in effect prior to the rate change.

2. Notwithstanding subparagraph (i) of this paragraph, if the rate of change in any index so allows, the rate may be increased to not more than the originally contracted for rate if authorized by the loan agreement. The agreed upon additional increases must comply with subparagraph (i).

3. Notwithstanding subparagraph (i) of this paragraph, the lender may decrease the rate at any time and by any amount;

(3) Interest rate decreases warranted by decreases in the agreed upon index shall be mandatory except to the extent that past increases in the index have not been implemented by the lender, either at his option or because the lender was subject to the rate change limitation of paragraph (2) of this section;

(4) The loan instrument shall specify the circumstances under which the rate may increase or decrease, any limitations on an increase or decrease, and the effects of an increase or decrease;

(5) A lender must allow the borrower the choice of implementing the variable rate feature of the loan either by changes in the amount of periodic payments or by extending or reducing the length of the term of the obligation;

(6) Through a periodic billing statement or other written notice, the borrower is notified of the basis and effect of a change in rate, including any change in the required periodic payment amount, at least 15 days prior to the due date of the first payment that reflects the changed rate; and

(7) No new closing costs, processing fees or similar fees are imposed on the borrower as a result of adjustments in rate.
Md. Code, Commercial Law § 12-606 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-606
§12–606.
Status: reserved

(a) An installment sale agreement shall:

(1) State the full name, place of residence, and post office address of each party to it;

(2) State the date when signed by the buyer; and

(3) Contain a clear description of the goods sold sufficient to identify them readily.

(b) An installment sale agreement also shall state in simple tabular form the following separate items in the following order:

(1) The cash price of the goods sold;

(2) All charges for delivery, installation, or repair of or other services to the goods which, separate from the cash price, are included in the installment sale agreement;

(3) The sum of the cash price in item (1) and the charges for services in item (2);

(4) The amount of the buyer’s down payment, together with:

(i) A statement of the respective amounts credited for cash, credits, and the agreed value of goods;

(ii) A statement of amounts actually paid or to be paid by the seller pursuant to an agreement with the buyer, on behalf of the buyer to discharge any amount financed under an outstanding loan agreement or installment sale agreement or the unpaid portion of the early termination obligation under any lease or other obligation of the lessee, with respect to a motor vehicle or other property traded in;

(iii) A statement of the net amount available to reduce the cash price, which is item (i) of this item less item (ii) of this item; and

(iv) A description of all goods sufficient to identify them;

(5) The unpaid balance of the cash price payable by the buyer to the seller, which is item (3) less item (4);

(6) The cost to the buyer of any insurance for the payment of which credit is to be extended to the buyer, together with:

(i) The amount or extent of the insurance;

(ii) The expiration date of the insurance;

(iii) The party to whom the insurance is payable; and

(iv) A concise description of the coverage, including, if the goods sold include a motor vehicle, a definite statement in 12-point bold type or larger as to whether the insurance includes coverage for personal liability and for property damage caused to others;

(7) The amount of any official fees charged to the buyer which the seller expects to be paid to a public official for filing or recording the installment sale agreement or other instrument securing or evidencing the buyer’s obligation or an equal or lesser amount for a nonfiling insurance premium at rates approved by the Insurance Commissioner and on which no commissions may be paid;

(8) The cost to the buyer of any optional debt cancellation agreement sold in connection with a motor vehicle;

(9) The principal balance owed, which is the sum of items (5), (6), (7), and (8) plus, if the amount stated in item (4)(iii) of this subsection is a negative number, add that amount as a positive number;

(10) The finance charge stated as a sum in dollars; and

(11) The time balance owed by the buyer to the seller, which is the sum of items (9) and (10), the number of installment payments required to pay it, and the amount and time of each payment.

(c) In addition to the items in subsections (a) and (b) of this section, the installment sale agreement shall:

(1) State clearly any collateral security taken for the buyer’s obligation under it; and

(2) Contain the following notice in 12-point bold type or larger, directly above the space reserved in the agreement for the signature of the buyer:

Notice to Buyer

1. You are entitled to a copy of this agreement at the time you sign it.

2. Under the State law regulating installment sales, you have certain rights, among others:

(1) To pay off the full amount due in advance and obtain a partial rebate of the financing charge;

(2) To redeem the property if repossessed for a default;

(3) To require, under certain conditions, a resale of the property, if repossessed.

(d) A seller may not be deemed to be making loans for purposes of § 11-301(b)(6)(i) of the Financial Institutions Article merely by engaging in activities described in subsection (b)(4)(ii) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 12-2602 — MD Code / Article gab / Title 12 / Subtitle 26 / Section 12-2602
§12–2602.
Status: in_force

The City may:

(1) adopt an ordinance or a resolution supplementing the prohibition against disorderly intoxication under § 6–320 of this article; and

(2) regulate possession or consumption of alcoholic beverages on public property, property used by the public, or a highway.
Md. Code, Election Law § 12-310 — MD Code / Article gel / Title 12 / Subtitle 3 / Section 12-310
§12–310.
Status: in_force

(a) (1) If the State Board determines that there has been for more than 30 days a failure to file a report or pay a late filing fee under this subtitle, the State Board shall issue the notice required under paragraph (2) of this subsection to the treasurer of the contested election committee in violation.

(2) The notice shall demand that, within 30 days after service of the notice, either:

(i) the failure to file be rectified and any late filing fee due be paid; or

(ii) the treasurer show cause why the State Board should not ask the appropriate prosecuting authority to prosecute the treasurer for a violation of this subtitle.

(3) In its discretion, the appropriate prosecuting authority may refer the matter for action to the Central Collection Unit within the Department of Budget and Management.

(b) A treasurer who fails, without cause, to file the report and pay the late filing fee within 30 days after service of the notice required under subsection (a)(2) of this section is guilty of a misdemeanor and on conviction is subject to the penalties prescribed in § 13–603 of this article.
Md. Code, Public Safety § 12-815 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-815
§12–815.
Status: in_force

(a) Each passenger elevator in a permanent installation used by the public shall have a sign that reads “Warning - Elevators shall not be used in event of fire - Use marked exit stairways”.

(b) The sign described in subsection (a) of this section shall be posted:

(1) at the entrance to the elevator shaft on each floor; and

(2) directly above the call button.

(c) A sign similar to the sign described in subsection (a) of this section shall be posted within the elevator car.

(d) (1) The top of each sign may not be more than 6 feet above the floor.

(2) The lettering in the word “warning” shall be at least three-eighths inch high and the rest of the lettering shall be at least one-fourth inch high.
Md. Code, Business Regulation § 12-208 — MD Code / Article gbr / Title 12 / Subtitle 2 / Section 12-208
§12–208.
Status: in_force

(a) Each licensee shall display the license conspicuously in the place of business of the licensee.

(b) (1) Only a licensed dealer may advertise for the commercial trading with the public or acquiring from the public in secondhand precious metal objects.

(2) An advertisement for the commercial trading with the public or acquiring from the public in secondhand precious metal objects shall include the name and license number of the licensee, in compliance with applicable regulations adopted by the Department.
Md. Code, Public Safety § 12-603 — MD Code / Article gps / Title 12 / Subtitle 6 / Section 12-603
§12–603.
Status: in_force

Each electrical installation in the State shall conform to:

(1) the National Electrical Code; or

(2) the electrical code and amendments adopted by the county in which the electrical installation is done.
Md. Code, Financial Institutions § 12-1011 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1011
§12–1011.
Status: in_force

A registrant may not misrepresent any material aspect of any debt settlement service.
Md. Code, Education § 12-104.1 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-104.1
§12–104.
Status: in_force

§12–104.1.

(a) In this section, “high impact economic development activity” means an initiative, transaction, or other undertaking by the University System of Maryland or one of its constituent institutions to create or facilitate:

(1) 20 or more new jobs in the State of Maryland;

(2) The award or completion of at least $1,000,000 in externally funded research or other projects;

(3) The establishment or relocation of one or more new companies to be registered or incorporated in the State and doing business in the State;

(4) The production of at least $1,000,000 of annual gross revenue;

(5) The licensing and potential commercialization of a promising new technology or other product; or

(6) An academic program to meet workforce demand in a documented labor shortage field.

(b) To promote the economic interests of the State as mandated in §§ 10–205(c) and 15–107 of this article, the University System of Maryland shall utilize its powers as a public corporation established in § 12–104 of this subtitle to undertake high impact economic development activities that support:

(1) Job creation and workforce development;

(2) Technology transfer, commercialization, and entrepreneurship; and

(3) Increased sponsored research funding and other revenues.

(c) In order for an activity to qualify as a high impact economic development activity:

(1) The president of a constituent institution, or the president’s designee, shall forward a request to the Chancellor for certification that the activity meets the criteria defined in subsection (a) of this section; and

(2) The Chancellor, or the Chancellor’s designee, shall notify the Board of Regents and the Board of Public Works of any certified activity for review.

(d) (1) Notwithstanding any other provision of law, for any high impact economic development activity within the scope of § 5–310 or § 10–305 of the State Finance and Procurement Article, the Board of Regents shall be fully responsible for administering the review and comment process prescribed in those sections.

(2) In administering the review and comment process prescribed in §§ 5–310 and 10–305 of the State Finance and Procurement Article, the Board of Regents shall include in that process the appropriate legislative committees and units of State government, which may include:

(i) Committees of the General Assembly;

(ii) The Board of Public Works;

(iii) The Maryland Historic Trust;

(iv) The Department of Planning;

(v) The Department of the Environment; and

(vi) The Department of Natural Resources.

(3) The Board of Regents shall adopt policies and procedures to ensure that the notice and opportunity for review are conducted in a manner that provides a reasonable period to complete while not impairing the institution’s capacity for the expeditious and successful pursuit of a high impact economic development activity.

(e) On or before October 1 of each year, the Board of Regents shall report to the Board of Public Works and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Economic Matters Committee, the Senate Budget and Taxation Committee, and the House Appropriations Committee on the high impact economic development activities undertaken under this section during the preceding fiscal year.
Md. Code, Business Occupations and Professions § 12-201 — MD Code / Article gbo / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

There is a State Board of Plumbing in the Department.
Md. Code, Financial Institutions § 12-403 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-403
§12–403.
Status: in_force

To carry out the provisions of this subtitle, the Commissioner may:

(1) Adopt rules and regulations;

(2) Enter into cooperative and information sharing agreements with any federal or State agency having supervisory responsibility over the business of money transmission; and

(3) Provide any federal or State agency having supervisory responsibility over money transmission with any documents or other information.
Md. Code, Public Safety § 12-834 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-834
§12–834.
Status: in_force

(a) A licensed elevator contractor shall notify the Board if there are no licensed elevator mechanics available to perform elevator work.

(b) The licensed elevator contractor may request that the Board issue temporary elevator mechanic licenses to individuals certified by the licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision.

(c) An individual certified by a licensed elevator contractor as qualified under subsection (b) of this section shall:

(1) immediately seek a temporary elevator mechanic license from the Board; and

(2) pay the fee that the Board determines.

(d) A temporary elevator mechanic license is valid for 30 days while the licensee is employed by the licensed elevator contractor that certified the licensee as qualified under subsection (b) of this section.

(e) A temporary elevator mechanic license may be renewed as long as the shortage of licensed elevator mechanics continues.
Md. Code, Health Occupations § 12-502 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-502
§12–502.
Status: in_force

(a) In the operation of a pharmacy, only a licensed pharmacist or an individual engaging in a professional experience program and acting under the direct supervision of a licensed pharmacist may provide information to the public or a health care practitioner concerning prescription or nonprescription drugs or devices including information as to their therapeutic values, potential side effects, and use in the treatment and prevention of diseases.

(b) A licensed pharmacist shall give a patient who requests, in person or by telephone, the current price of a prescription drug or device that the pharmacy offers for sale to the public.
Md. Code, Financial Institutions § 12-1203 — MD Code / Article gfi / Title 12 / Subtitle 12 / Section 12-1203
§12–1203.
Status: in_force

(a) Beginning January 1, 2026, a virtual currency kiosk operator shall register a virtual currency kiosk with the Commissioner before operating the virtual currency kiosk in the State.

(b) An application for registration shall include:

(1) The name of the virtual currency kiosk operator;

(2) The address of the virtual currency kiosk operator;

(3) Unique identifying information for the virtual currency kiosk, such as the manufacturer name, model number, serial number, or asset tag;

(4) If the virtual currency kiosk operator intends to operate the virtual currency kiosk from any fixed location for more than 30 days in a calendar year, each physical address where the virtual currency kiosk will be operated;

(5) If the virtual currency kiosk operator intends to operate the virtual currency kiosk at any location for 30 days or less in a calendar year, the geographic area where the licensee intends to operate the virtual currency kiosk; and

(6) Any other information that the Commissioner requires by regulation.

(c) A virtual currency kiosk operator:

(1) Shall renew the registration on an annual basis; and

(2) May be required to pay a fee at the time of renewal.

(d) The Commissioner may adopt and enforce:

(1) Registration procedures for virtual currency kiosks, which may include the use of NMLS;

(2) Registration fees for virtual currency kiosks, which may include fees for the use of NMLS, to be paid directly by the virtual currency kiosk operator;

(3) Procedures and fees for renewing a virtual currency kiosk’s registration, which may include fees for the renewed use of NMLS, to be paid directly by the virtual currency kiosk operator;

(4) Regulations regarding the lighting and safety of virtual currency kiosk locations; and

(5) Regulations regarding appropriate signage to clearly identify a kiosk as a virtual currency kiosk.
Md. Code, Financial Institutions § 12-413.1 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-413.1
§12–413.
Status: in_force

§12–413.1.

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

(2) “Agent” includes an authorized delegate, a subagent, and a subdelegate of a licensee.

(3) “Elder adult” has the meaning stated in § 1–306 of this article.

(4) “Financial abuse” has the meaning stated in § 1–306 of this article.

(5) “Financial exploitation” has the meaning stated in § 1–306 of this article.

(b) This section does not apply to a licensee or an agent that:

(1) Engages in the business of money transmission solely through the Internet; or

(2) (i) Engages in:

1. Selling or issuing stored value devices, traveler’s checks, or money orders, or providing bill payer services; or

2. Any combination of selling or issuing stored value devices, traveler’s checks, or money orders, or providing bill payer services; and

(ii) Does not engage in any other business regulated under this subtitle.

(c) On or before April 1 of each year, a licensee shall provide to each agent, through which it engages in the business of money transmission, training materials on how to:

(1) Recognize financial abuse and financial exploitation of an elder adult; and

(2) Respond appropriately if the agent suspects that the agent is being asked to engage in the business of money transmission for a fraudulent transaction in which an elder adult is the victim of financial abuse or financial exploitation.

(d) A licensee shall provide the training materials required under subsection (c) of this section to each newly appointed agent within 1 month after appointment of the agent.

(e) (1) A licensee shall include a clear, concise, and conspicuous fraud warning on all transmittal forms used by an individual to send money to another individual.

(2) The fraud warning shall include a toll–free telephone number for individuals to call to report fraud or suspected fraud.

(3) A licensee shall monitor the activities of its agents relating to transmittals by individuals.

(f) (1) (i) A licensee shall allow an individual to voluntarily be disqualified from sending money transmissions from or receiving money transmissions in the State.

(ii) A licensee may require an individual to provide written notice of the individual’s disqualification to the licensee at the address on the licensee’s license.

(iii) Unless extended under paragraph (2) of this subsection or terminated under paragraph (3) of this subsection, a disqualification is effective until January 1 of the year following the year in which notice of the individual’s disqualification is given to the licensee.

(2) (i) Before a disqualification becomes ineffective, an individual may extend the disqualification by giving written notice of the extension to the licensee at the address on the licensee’s license.

(ii) An extension of a disqualification under subparagraph (i) of this paragraph is effective until January 1 of the year following the year in which notice of the extension is given to the licensee.

(3) An individual may terminate a disqualification at any time by giving written notice of the termination to the licensee at the address on the licensee’s license.
Md. Code, Alcoholic Beverages and Cannabis § 12-211 — MD Code / Article gab / Title 12 / Subtitle 2 / Section 12-211
§12–211.
Status: in_force

At least 3 months before the start of the regular session of the General Assembly each year, the Board shall give notice to the following persons regarding any legislative proposal the Board intends to submit to the City delegation to the General Assembly for introduction as a bill:

(1) the Mayor of Baltimore City;

(2) the Baltimore City Council; and

(3) community and residential groups in the City that have opted to receive notices from the Board.
Md. Code, Criminal Procedure § 12-403 — MD Code / Article gcp / Title 12 / Subtitle 4 / Section 12-403
§12–403.
Status: in_force

(a) (1) Whenever property is forfeited under this title, the governing body where the property was seized may:

(i) keep the property for official use;

(ii) require an appropriate unit to take custody of the property and destroy or otherwise dispose of it; or

(iii) sell the property if:

1. the law does not require the property to be destroyed; and

2. the property is not harmful to the public.

(2) The proceeds of a sale under this subsection shall first be used to pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.

(b) If the seizing authority was a State law enforcement unit:

(1) under § 12-402(b) of this subtitle, the court shall order the property to be forfeited to the State law enforcement unit; or

(2) under § 12-402(d)(2)(iv) of this subtitle, the proceeds of the sale shall be paid to the State law enforcement unit.

(c) Except as provided in subsection (d) of this section, the State law enforcement unit that receives forfeited property or proceeds from a sale of forfeited property under this section shall:

(1) dispose of the forfeited property as provided in subsection (a) of this section; and

(2) pay to the General Fund of the State any proceeds of the sale of the forfeited property.

(d) Except as otherwise provided under federal law, a law enforcement unit other than a State law enforcement unit that participated with a State law enforcement unit in seizing property forfeited under this section:

(1) shall be paid by the State law enforcement unit the share of the proceeds from the sale of the forfeited property as agreed by the law enforcement units; or

(2) may ask the Governor’s Office of Crime Prevention and Policy to determine its share.

(e) Proceeds that a law enforcement unit other than a State law enforcement unit receives under subsection (d) of this section shall be deposited in the general fund of the political subdivision of that law enforcement unit.
Md. Code, Alcoholic Beverages and Cannabis § 12-1306 — MD Code / Article gab / Title 12 / Subtitle 13 / Section 12-1306
§12–1306.
Status: in_force

(a) There is a wine sampling (WS) license.

(b) The Board may issue the license to a nonprofit organization.

(c) The license authorizes the transportation and consumption of wine for sampling:

(1) on premises for which a Class B or Class B–D–7 license has been issued, with the authorization of the holder of the license for the premises; or

(2) at a location that is not already licensed.

(d) The nonprofit organization shall apply for the license at least 15 days before the license is issued.

(e) The Board may issue not more than 12 licenses in a license year to a single nonprofit organization.

(f) A license holder may serve a quantity of not more than 2 ounces of wine from an offering to an individual.

(g) The Board shall set the license fee.
Md. Code, Alcoholic Beverages and Cannabis § 12-802 — MD Code / Article gab / Title 12 / Subtitle 8 / Section 12-802
§12–802.
Status: in_force

(a) There is a Class B beer and light wine license.

(b) The license authorizes the license holder to sell beer and light wine at a hotel or restaurant, at retail, at the place described in the license, for on– and off–premises consumption.

(c) The annual license fee is $310.
Md. Code, Alcoholic Beverages and Cannabis § 12-1705.1 — MD Code / Article gab / Title 12 / Subtitle 17 / Section 12-1705.1
§12–1705.
Status: in_force

§12–1705.1.

The Board may not allow the transfer of a license to another person until the resolution of:

(1) any pending criminal charge filed against the transferor that directly relates to the operation of the licensed premises; or

(2) any disciplinary matter before the Board concerning the transferor.
Md. Code, Housing and Community Development § 12-301 — MD Code / Article ghs / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

The required number of commissioners of an authority:

(1) for an authority not governed by articles of organization, is five; and

(2) for an authority governed by articles of organization, is the number set forth in the articles of organization as required by § 12-205(b)(1)(iv) of this title.
Md. Code, Real Property § 12-112 — MD Code / Article grp / Title 12 / Subtitle 1 / Section 12-112
§12–112.
Status: in_force

(a) If land is acquired, in whole or in part, by condemnation or by purchase in lieu of condemnation, any person at whose expense any personal property, dead body, grave marker, or monument must be removed as a reasonably necessary consequence of condemnation, or purchase in lieu of condemnation, is entitled to receive from the condemnor or purchaser a pecuniary allowance for the reasonable costs of removing and placing the item or body in another location within a reasonable distance. In order to receive the pecuniary allowance the person shall submit his claim to the condemnor or purchaser within six months after the removal of the personal property, dead body, grave marker, or monument with respect to which he claims pecuniary allowance. The allowance does not include any compensation for loss of profit, goodwill, or for the acquisition of another location.

(b) If personal property is removed from leased premises from which the reversioner could have required its removal on the termination of the lease, the allowance provided for in this section shall be diminished by one fifth for each year by which five years exceeds the number of full years remaining in the term at the time when the premises were acquired. Any option to renew or extend the lease shall be treated as having been exercised, and the term shall be deemed to include the renewal term or extension. The adjustment provided by this subsection may not be used to reduce the allowance provided for in this section below.

(c) If personal property is removed, the allowance provided for in this section may not exceed its fair market value. Nothing in this subsection requires a condemnor to obtain an expert or detailed appraisal of any personal property before allowing or paying moving costs.

(d) If any personal property, dead body, grave marker, or monument is removed to another location at an unreasonable distance, the allowance provided for in this section is not totally defeated, but no compensation is due for the additional costs resulting from the unreasonable distance of the new location.

(e) No person is entitled to any allowance for the costs of removal and relocation of personal property unless the personal property has been used by him at its original location and is to be used by him at its new location.

(f) The amount of the allowance for the costs of removal and relocation shall be as the condemnor or purchaser and the person entitled agree. If they are unable to agree, the amount shall be determined, on petition of either party filed after removal and relocation have been effected, by the court in which the condemnation proceedings were filed. If no condemnation proceeding has been filed, a law court of the county where any part of the premises is located shall determine the amount, not to exceed the actual moving costs.

(g) No petition may be filed under this section except by the condemnor or purchaser, unless the person entitled to the removal allowance gives written notice to the condemnor or purchaser at least ten days prior to the date of removal, stating the date of intended removal, the identification of the items to be removed, and the place to which they are to be relocated. In addition, he shall give the condemnor or purchaser, on request, a reasonable opportunity to inspect any personal property, grave marker, monument, or burial site that may be involved.

(h) Every petition shall be filed within one year after the removal of the personal property, dead body, grave marker, or monument with respect to which it claims pecuniary allowance.

(i) Nothing in this section may be construed to place a limit on the amount of compensation that a condemnor may allow for moving costs in cases where, under applicable federal law or rule or regulation, compensation may be paid wholly or partly out of federal funds or will be reimbursed wholly or partly to the condemnor out of federal funds.

(j) Notwithstanding any provision of this section, in Baltimore City, where federal laws and rules and regulations authorize benefits for any displacee from public improvement projects wholly or partially funded by federal funds, a condemnor may do any act necessary to comply with the terms, conditions, and provisions of federal law and rule and regulation in order to obtain the full benefit under them for any condemnor and displacee from the projects in Baltimore City. This subsection applies to existing acts of Congress authorizing benefits for or to displacees from public improvement projects receiving federal funds, subsequent acts of Congress of like character, and any existing or subsequently adopted rules and regulations issued in connection with them.
Md. Code, Financial Institutions § 12-210 — MD Code / Article gfi / Title 12 / Subtitle 2 / Section 12-210
§12–210.
Status: in_force

(a) A permit expires on the third anniversary of its effective date, unless the permit is renewed for a 3–year term as provided in this section.

(b) Before its permit expires, the foreign banking corporation may renew the permit for additional 3–year terms if the foreign banking corporation:

(1) At least 30 days before its permit expires submits to the Commissioner a renewal application on the form that the Commissioner requires; and

(2) Meets the requirements for issuance of a permit under § 12–209 of this subtitle.

(c) The Commissioner shall renew the permit of each foreign banking corporation that meets the requirements of this section.
Md. Code, Real Property § 12-208 — MD Code / Article grp / Title 12 / Subtitle 2 / Section 12-208
§12–208.
Status: in_force

(a) Notwithstanding any other provision of law, if a displacing agency acquires any interest in real property, the displacing agency shall acquire at least an equal interest in all buildings, structures, or other improvements, located on the real property acquired which it requires to be removed from the real property or which it determines will be adversely affected by the use to which the real property will be put.

(b) (1) For the purpose of determining just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this section, the building, structure, or other improvement shall be deemed a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove the building, structure, or improvement at the expiration of his term, and the fair market value which the building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of the building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant.

(2) Payment under this subsection may not result in duplication of any payments otherwise authorized by law. No payment may be made unless the owner of the real property involved disclaims all interest in the improvements of the tenant. In consideration for any payment, the tenant shall assign, transfer, and release to the displacing agency all his right, title, and interest in and to the improvements. Nothing in this subsection may be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain payment for the property interests in accordance with applicable law, other than this subsection.
Md. Code, Election Law § 12-313 — MD Code / Article gel / Title 12 / Subtitle 3 / Section 12-313
§12–313.
Status: in_force

(a) (1) Any part of a public contribution made to a contested election committee that is not spent shall be repaid to the appropriate government entity.

(2) In computing whether part of a public contribution is not spent, all private contributions to the person shall be treated as spent before the expenditure of any public contribution.

(b) After repaying remaining public contributions under subsection (a) of this section and before filing a final report, a contested election committee shall pay all outstanding obligations and dispose of all its remaining assets by returning the remaining balance in the account of the contested election committee to the donors on a pro rata basis.
Md. Code, Corporations and Associations § 12-809 — MD Code / Article gca / Title 12 / Subtitle 8 / Section 12-809
§12–809.
Status: in_force

(a) Any person that transacts business in the name of, or for the account of, a statutory trust knowing that the statutory trust’s right to do business in the State has been forfeited and has not been reinstated at the time the business was transacted is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500.

(b) A prosecution for a violation of subsection (a) of this section, concerning acts alleged to have occurred while the right of a statutory trust to do business in the State was forfeited, may not be instituted after the date that a certificate of reinstatement of the statutory trust is filed.
Md. Code, Public Utilities § 12-311 — MD Code / Article gpu / Title 12 / Subtitle 3 / Section 12-311
§12–311.
Status: in_force

(a) In a proceeding for a conversion, the county or municipal corporation and any public agency or public utility supplying electric service or communication service with the county or municipal corporation shall provide by agreement that:

(1) at the start or on completion of the conversion, the public agency or public utility has legal title to the electric or communication facilities; and

(2) the electric or communication facilities are:

(i) a part of the system of the public agency or public utility; and

(ii) to be used, operated, maintained, and managed by the public agency or public utility as part of its system.

(b) Subject to any rules, regulations, or tariffs applicable to the public agency or public utility, the agreement also shall provide for the following:

(1) the supplying of or approval by the public agency or public utility of plans and specifications related to the conversion and labor or materials to be used in the conversion; and

(2) the performance by the public agency or public utility of all or part of the conversion or improvements and payment to the public agency or public utility for the conversion or improvements.

(c) An agreement made under this section must be made before the legislative body of the county or municipal corporation adopts a resolution ordering the conversion.

(d) (1) If the proceeding for a conversion is discontinued:

(i) any agreement made under this section is void;

(ii) the petitioners shall reimburse the public agency or public utility for engineering and other preliminary expenses incurred that exceed $2,500; and

(iii) the petitioners or the county or municipal corporation may not reimburse the public agency or public utility for engineering and other preliminary expenses incurred that are $2,500 or less.

(2) If the proposed conversion is completed, any engineering and other preliminary expenses incurred by the public agency or public utility shall be included as part of the cost of the conversion.

(e) Before an agreement made under this section takes effect, the Commission may conduct proceedings and shall:

(1) determine that the agreement is in the public interest; and

(2) issue an order to approve the agreement, disapprove the agreement, or approve the agreement subject to specified conditions.
Md. Code, Public Safety § 12-313 — MD Code / Article gps / Title 12 / Subtitle 3 / Section 12-313
§12–313.
Status: in_force

(a) (1) A person may not violate this subtitle or a regulation adopted under this subtitle.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject for each violation to a fine not exceeding $1,000.

(3) This subsection does not apply to a violation of 42 U.S.C. § 5409.

(b) (1) A person may not in the State violate 42 U.S.C. § 5409 or a regulation adopted or order issued under it.

(2) A person who violates this subsection is liable to the State for a civil penalty not exceeding $1,000 for each violation.

(3) Each violation under this subsection is a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by 42 U.S.C. § 5409 or a regulation adopted or order issued under it.

(4) A civil penalty under this subsection may not exceed $1,000,000 for any related series of violations occurring within 1 year after the date of the first violation.

(c) (1) An individual or a director, officer, or agent of a corporation may not in the State knowingly and willfully violate 42 U.S.C. § 5409 in a manner that threatens the health or safety of a purchaser of a manufactured home.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code, Public Utilities § 12-111 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-111
§12–111.
Status: in_force

(a) The Authority may obtain funding for its operational expenses from:

(1) a federal or State grant;

(2) filing fees and administrative fees for complaints heard by the Authority as authorized under § 12–112(c)(1) of this subtitle, including:

(i) mailing costs;

(ii) fees for delivery or service of process;

(iii) reproduction costs; and

(iv) staff costs associated with the complaint;

(3) an additional assessment or charge per ticket as authorized under subsection (b) of this section; and

(4) any other source.

(b) The Authority may collect an assessment or a charge not exceeding 5 cents per ticket from an owner–member if the assessment or charge:

(1) is not imposed on a county or a municipal corporation; and

(2) is approved by a two–thirds vote of all members of the Authority.

(c) Except as provided in subsections (a)(2) and (b) of this section, the Authority may not impose a charge or assessment against any person, directly or indirectly, to obtain funding for its operational expenses.
Md. Code, Commercial Law § 12-507 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-507
§12–507.
Status: in_force

(a) If, as part of a retail credit account, a promissory note is taken by the seller or financial institution, the note shall refer to the account out of which it arises.

(b) The note may not contain a confession of judgment or any power of attorney to appear for the buyer or for any surety or guarantor for the buyer to confess judgment.

(c) If the note is assigned, it is subject to all defenses which the buyer might have asserted against the seller or financial institution.
Md. Code, Public Safety § 12-824.1 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-824.1
§12–824.
Status: in_force

§12–824.1.

(a) In this section, “Fund” means the Elevator Safety Review Board Fund.

(b) There is an Elevator Safety Review Board Fund.

(c) The purpose of the Fund is to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board.

(d) The Commissioner shall administer the Fund.

(e) (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.

(f) The Fund consists of:

(1) revenue distributed to the Fund under this subtitle;

(2) money appropriated in the State budget to the Fund;

(3) investment earnings of the Fund; and

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

(g) The Fund may be used only to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board.

(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 investment earnings of the Fund shall be paid into the Fund.

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

(j) Any balance in the Fund at the end of June 30 of each fiscal year in excess of 10% of the actual expenses of operating the Elevator Safety Review Board shall revert to the General Fund of the State.

(k) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
Md. Code, Commercial Law § 12-620 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-620
§12–620.
Status: in_force

(a) Notwithstanding the provisions of § 12-601(k) of this subtitle and any provision of an installment sale agreement to the contrary, a buyer may prepay at any time, without penalty, all or any part of the unpaid time balance payable under the installment sale agreement if such agreement is for the retail sale of personal property purchased primarily for personal, family, or household purposes, regardless of the original price of that personal property.

(b) (1) Except as provided in paragraph (2) of this subsection, if the buyer pays the time balance in full before maturity, the holder immediately shall refund to him a portion of the finance charge. The amount of the refund shall be calculated by the actuarial method based on the original schedule of payments.

(2) If the amount of the credit for prepayment is less than $1, no refund need be made.
Md. Code, Education § 12-305 — MD Code / Article ged / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: reserved

(a) (1) There is a Center for Maryland Advanced Ventures at the University of Maryland.

(2) The Center shall be located on the University of Maryland, Baltimore Campus in Baltimore City.

(b) The Center shall:

(1) Pursue grant funding for the University of Maryland, including interdisciplinary grant funding;

(2) (i) Develop and implement guidelines for the transfer of technology developed by the University of Maryland to the private sector; and

(ii) Include in the guidelines a process to identify research projects occurring at the University of Maryland that may be viable for commercialization; and

(3) Facilitate the transfer of technology from the University of Maryland to commercial industries by:

(i) Assessing the viability and value of the technology;

(ii) Defining and exploiting potential markets for the technology;

(iii) Identifying funding sources to support the development of the technology;

(iv) Developing commercialization strategies; and

(v) Assessing intellectual property issues, including licensing and patents.

(c) (1) The Center also shall provide the services identified under subsection (b) of this section to any public institution of higher education that requests the services.

(2) Subject to the approval of the presidents, the Center may assess a reasonable fee for providing services to any public institution of higher education other than the University of Maryland.

(d) (1) The presidents shall appoint an Executive Director of the Center.

(2) The Executive Director shall:

(i) Ensure that the provisions of this section are carried out;

(ii) Develop a plan to appropriately staff the Center in order to effectively carry out the duties of the Center;

(iii) Develop a working relationship with the Secretary of Commerce and the Chief Executive Officer of the Maryland Technology Development Corporation; and

(iv) Annually report to the presidents:

1. The number of technology transfer transactions or projects for which the Center has provided assistance;

2. The amount and source of funds the Center has identified to assist in the development of technologies;

3. The public institutions of higher education for which the Center has provided assistance;

4. The commercial value of technology that was transferred to the commercial industry;

5. The estimated number of new jobs created as a result of the Center; and

6. Any recommendations for improving the overall effectiveness of transferring technology that is developed by the University of Maryland.

(e) The Maryland Technology Development Corporation may advise the Executive Director of the Center on the development of the Center.

(f) (1) (i) For each of fiscal years 2018 through 2022, the Governor shall include in the annual budget bill an appropriation of at least $3,000,000 to the Center.

(ii) For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $4,000,000 to the Center.

(2) (i) For each of fiscal years 2018 through 2022, the Governor shall include in the annual budget bill an appropriation of at least $1,000,000 to the Center to be used to encourage the development and location of University created or sponsored technology companies in Baltimore City.

(ii) For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $2,500,000 to the Center to be used to encourage the development and location of University created or sponsored technology companies in Baltimore City.
Md. Code, Business Occupations and Professions § 12-605 — MD Code / Article gbo / Title 12 / Subtitle 6 / Section 12-605
§12–605.
Status: in_force

(a) (1) A person may not install a plumbing fixture or other device that does not meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code.

(2) A person may not sell or install a fixture or other device that does not limit water consumption in accordance with the standards adopted by the Board.

(b) Subject to subsection (c) of this section, each local plumbing inspector shall enforce the prohibition against the installation of a plumbing fixture that is not water-conserving under the State Plumbing Code or any applicable local plumbing code to ensure that the capacity for waste water treatment of municipal sewage treatment facilities and private on-site wastewater disposal systems is not exceeded.

(c) Enforcement of this section may be suspended for a specified period if a local plumbing inspector determines that:

(1) there is an inadequate supply of fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code;

(2) the configuration of a drainage system for a building requires a greater quantity of water to flush the system adequately than is delivered by fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code; or

(3) historic restoration would be affected adversely.
Md. Code, Real Property § 12-109 — MD Code / Article grp / Title 12 / Subtitle 1 / Section 12-109
§12–109.
Status: in_force

(a) The exclusive method of abandoning a proceeding for condemnation shall be by the plaintiff’s filing, in the proceeding, a written election to abandon. A copy of the election shall be served as provided in the Maryland Rules, on each defendant who has been personally subjected to the jurisdiction of the court. Every other defendant shall be notified of the election by service of a copy or by any other means the court directs.

(b) The filing of the election has the effect of:

(1) Reducing any money judgment entered in the proceeding to a judgment for costs only, and the clerk immediately shall make the entry on his docket and judgment record to reflect this; and

(2) Annulling any inquisition returned in the proceeding, and any judgment entered in it, to the extent that the inquisition or judgment affects the title of any defendant to the property which was sought to be condemned.

(c) On filing the election to abandon, the clerk of any court where the inquisition has been recorded among the land records immediately shall make a notation on the recorded copy of the inquisition that the proceeding has been abandoned.

(d) No condemnation proceeding may be abandoned:

(1) After taking has occurred;

(2) More than 120 days after the entry of final judgment, unless an appeal is taken; or

(3) If an appeal is taken from a final judgment, more than 120 days after the receipt by the clerk of the lower court of a mandate of the Supreme Court of Maryland or the Appellate Court of Maryland evidencing the dismissal of the appeal, the affirmance of the judgment, the entry of judgment pursuant to the Maryland Rules, or the modification of the judgment without the award of a new trial. For the purposes of this section, an appeal stricken out pursuant to the Maryland Rules, or voluntarily abandoned, is deemed not to have been taken. However, if the appeal so stricken out or voluntarily abandoned was taken by the defendant, the plaintiff may abandon the proceeding within 120 days after the appeal is abandoned or stricken out, provided taking has not occurred.

(e) On abandonment of a condemnation proceeding, the defendant is entitled to recover from the plaintiff the reasonable legal, appraisal, and engineering fees actually incurred by the defendant because of the condemnation proceeding. If the parties agree on the proper amount to be recovered by the defendant on account of these fees, they shall file with the clerk of the court a writing evidencing their agreement. If the parties cannot agree on the proper amount to be recovered by the defendant on account of the fees, the court, on motion of either party, shall determine the proper amount. The clerk shall enter the amount agreed on or determined by the court as a part of the costs.
Md. Code, Criminal Procedure § 12-103 — MD Code / Article gcp / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

(a) Property or an interest in property described in § 12–102(a)(4), (11), and (12) of this subtitle may not be forfeited unless the State establishes by a preponderance of the evidence that the violation of the Controlled Dangerous Substances law was committed with the owner’s actual knowledge.

(b) (1) A conveyance used as a common carrier or vehicle for hire in the transaction of business as a common carrier or vehicle for hire may not be seized or forfeited under this title unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to a violation of the Controlled Dangerous Substances law.

(2) A conveyance may not be forfeited under this title for an act or omission that the owner shows was committed or omitted by a person other than the owner while the person other than the owner possessed the conveyance in criminal violation of federal law or the law of any state.

(c) An owner’s interest in real property may not be forfeited for a violation of § 5-601, § 5-619, or § 5-620 of the Criminal Law Article.

(d) (1) Except as provided in paragraph (2) of this subsection, real property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the real property was convicted of a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.

(2) Without a conviction, a court may order a forfeiture of real property used as the principal family residence if the owner of the family residence:

(i) fails to appear for a required court appearance; and

(ii) fails to surrender to the jurisdiction of the court within 180 days after the required court appearance.

(e) Real property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless:

(1) the property was used in connection with a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or with an attempt or conspiracy to violate Title 5 of the Criminal Law Article; and

(2) both the husband and wife are convicted of a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.
Md. Code, Real Property § 12-103 — MD Code / Article grp / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

Unless an applicable statute specifies a different time as of which the value is to be determined, the value of the property sought to be condemned and of any adjacent property of the defendant claimed to be affected by the taking shall be determined as of the date of the taking, if taking has occurred, or as of the date of trial, if taking has not occurred.
Md. Code, State Government § 12-204 — MD Code / Article gsg / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

This subtitle does not apply to a contract of the Legislative or Judicial Branch of State government, or any of their agencies, officers, or units.
Md. Code, Real Property § 12-212 — MD Code / Article grp / Title 12 / Subtitle 2 / Section 12-212
§12–212.
Status: in_force

This subtitle may not be construed as creating in any condemnation proceeding brought under the power of eminent domain, any element of value or of damage not in existence prior to January 2, 1971.
Md. Code, State Personnel and Pensions § 12-204 — MD Code / Article gsp / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) (1) Within 10 days after receiving a decision under § 12-203 of this subtitle, a grievant or a grievant's representative may appeal the decision in writing to the head of the grievant’s principal unit or designee.

(2) An appeal shall include a copy of the decision being appealed.

(b) Within 10 days after receiving an appeal, the head of the principal unit or designee shall:

(1) review the grievance record; and

(2) confer with the grievant and they shall attempt to resolve the grievance.

(c) Within 10 days after the conference, the head of the principal unit or designee shall issue a written decision to the grievant and may grant any appropriate remedy under § 12-402(a) of this title.
Md. Code, Local Government § 12-107 — MD Code / Article glg / Title 12 / Subtitle 1 / Section 12-107
§12–107.
Status: in_force

(a) This section applies to all counties except Baltimore City.

(b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(c) The governing body of a county may enact a law or regulation:

(1) designed to prevent conflicts between the private interests and public duties of county officers or employees, including the governing body; and

(2) to govern the conduct and actions of county officers and employees, including the governing body, in performing their public duties.

(d) (1) Except as provided in paragraph (2) of this subsection, the governing body of a county may enact a law or regulation to provide for a penalty, including a fine, a forfeiture, an imprisonment, or a removal from office for violation of any law or regulation enacted under subsection (c) of this section.

(2) The governing body of Calvert County shall enact a law or regulation that authorizes the governing body to remove a county elected official from office for violations of any law or regulation enacted under subsection (c) of this section or § 5–807(a)(1) of the General Provisions Article relating to conflicts of interest.
Md. Code, State Government § 12-106 — MD Code / Article gsg / Title 12 / Subtitle 1 / Section 12-106
§12–106.
Status: in_force

(a) This section does not apply to a claim that is:

(1) asserted by cross–claim, counterclaim, or third–party claim; or

(2) brought under § 5–117 of the Courts Article.

(b) Except as provided in subsection (c) of this section, a claimant may not institute an action under this subtitle unless:

(1) the claimant submits a written claim to the Treasurer or a designee of the Treasurer within 1 year after the injury to person or property that is the basis of the claim;

(2) the Treasurer or designee denies the claim finally; and

(3) the action is filed within 3 years after the cause of action arises.

(c) (1) If a claimant fails to submit a written claim in accordance with subsection (b)(1) of this section, on motion by a claimant and for good cause shown, the court may entertain an action under this subtitle unless the State can affirmatively show that its defense has been prejudiced by the claimant’s failure to submit the claim.

(2) Subsection (b)(1) and (2) of this section does not apply if, within 1 year after the injury to person or property that is the basis of the claim, the State has actual or constructive notice of:

(i) the claimant’s injury; or

(ii) the defect or circumstances giving rise to the claimant’s injury.
Md. Code, Commercial Law § 12-1102 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1102
§12–1102.
Status: in_force

(a) A rental-purchase agreement that complies with this subtitle may not be deemed to be:

(1) A “retail sale”, as defined in § 12-601(s) of this title;

(2) An “installment sale agreement”, as defined in § 12-601(m) of this title; or

(3) A “security interest”, as defined in § 1-201(37) of this article.

(b) This subtitle does not apply to:

(1) A rental-purchase agreement made primarily for business, commercial, or agricultural purposes, or made with governmental agencies, instrumentalities, or organizations;

(2) A rental of a safe deposit box;

(3) A lease or bailment of personal property that:

(i) Is incidental to the rental of real property; and

(ii) Provides that the consumer has no option to purchase the rented real property; or

(4) A lease of an automobile.
Md. Code, Agriculture § 12-104 — MD Code / Article gag / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

This title does not apply to a violation of:

(1) Title 1, Subtitle 3 of this article;

(2) Title 2, Subtitle 17 of this article; and

(3) Title 5, Subtitle 2A of this article.
Md. Code, Corporations and Associations § 12-904 — MD Code / Article gca / Title 12 / Subtitle 9 / Section 12-904
§12–904.
Status: in_force

If any statement in the application for registration of a foreign statutory trust is false when made or any arrangements or other facts described have changed making the application inaccurate in any respect, a foreign statutory trust shall promptly file with the Department a certificate, executed by an authorized person, correcting the statement.
Md. Code, Alcoholic Beverages and Cannabis § 12-1609 — MD Code / Article gab / Title 12 / Subtitle 16 / Section 12-1609
§12–1609.
Status: in_force

(a) The Board may:

(1) subject to subsection (c) of this section, issue an additional Class B (on–sale — hotels and restaurants) beer, wine, and liquor license for premises used as a restaurant that meets the requirements of subsection (b) of this section to the holder of a Class B (on–sale — hotels and restaurants) beer, wine, and liquor license; and

(2) define “restaurant” by regulation.

(b) (1) Except as provided in subsection (e) of this section, a restaurant under this section is required to have:

(i) a minimum capital investment of $500,000 for restaurant facilities; and

(ii) a minimum seating capacity of 125 individuals.

(2) The capital investment described in paragraph (1)(i) of this subsection may not include the cost of land or buildings.

(c) The Board may not issue more than five licenses under this section to or for the use of the same person.

(d) Additional licenses shall be limited to providing alcoholic beverages for on–premises consumption.

(e) The Board may waive the minimum capital investment requirement and the minimum seating capacity requirement under subsection (b)(1) of this section for an additional restaurant that a license holder seeks under this section if the Board:

(1) holds a public meeting at which the Board reviews the business practice of the license holder; and

(2) determines that the license holder is in good standing and has a reputable business practice.
Md. Code, Alcoholic Beverages and Cannabis § 12-1405 — MD Code / Article gab / Title 12 / Subtitle 14 / Section 12-1405
§12–1405.
Status: in_force

The application shall include a petition signed by at least three residents who are owners of real property and registered voters in the City stating that:

(1) the applicant:

(i) is personally known to the signers of the petition; and

(ii) is a resident or taxpayer of the City at the time the applicant presents the application to the signers of the petition;

(2) if the applicant is a corporation, at least one of the applicants:

(i) is personally known to the signers of the petition;

(ii) is a resident or taxpayer of the City at the time the applicant presents the application to the signers of the petition; and

(iii) is a registered voter in the State; and

(3) if the applicant is a partnership, all members of the partnership are residents of the City at the time the applicants present the application to the signers of the petition.
Md. Code, Criminal Procedure § 12-310 — MD Code / Article gcp / Title 12 / Subtitle 3 / Section 12-310
§12–310.
Status: in_force

(a) Forfeiture proceedings for real property may be brought in the jurisdiction where:

(1) the criminal charges are pending;

(2) the owner resides; or

(3) the real property is located.

(b) (1) If forfeiture proceedings for real property are brought in a jurisdiction other than where the real property is located, a notice of pending litigation shall be filed in the jurisdiction where the property is located.

(2) A notice of pending litigation required under this subsection shall include at least:

(i) the name and address of the owner of the real property;

(ii) a description of the real property; and

(iii) a description of the reasons for the filing of the forfeiture proceedings and notice of pending litigation.
Md. Code, Local Government § 12-607 — MD Code / Article glg / Title 12 / Subtitle 6 / Section 12-607
§12–607.
Status: in_force

(a) A person may request, by petition, that the governing body of a county build or repair a bridge.

(b) A person who intends to submit a petition under this section shall give at least 30 days’ notice by publication once a week for 3 successive weeks in at least one newspaper of general circulation in the county.

(c) After hearing the reasons for and against a petition, the governing body of a county shall decide whether to approve the petition based on what will best promote the public convenience.
Md. Code, Tax - General § 12-301 — MD Code / Article gtg / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

In this subtitle, “licensed wholesaler” means a wholesaler who is licensed under Title 16, Subtitle 2 of the Business Regulation Article to act as a wholesaler or under Title 16.5, Subtitle 2 of the Business Regulation Article to act as an other tobacco products wholesaler.
Md. Code, Financial Institutions § 12-805 — MD Code / Article gfi / Title 12 / Subtitle 8 / Section 12-805
§12–805.
Status: in_force

(a) The Secretary may assess a civil penalty against any financial institution and any officer, employee, agent, or director of the institution for each knowing and willful violation of this subtitle.

(b) (1) The civil penalty may not exceed $50 for each day the violation continues.

(2) For purposes of this section, a separate violation occurs at each office, branch, or place of business where a violation occurs or continues.

(3) The total civil penalty may not exceed $1,000.

(c) In the event of the failure of any person to pay any penalty assessed under this section, a civil action for recovery of the penalty may be brought by the State against the person.
Md. Code, Health Occupations § 12-6C-10 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-10
§12–6C–10.
Status: in_force

(a) A person who is engaged in the wholesale distribution of a prescription drug that leaves, or has ever left, the normal distribution channel shall provide, before each wholesale distribution of the prescription drug, a pedigree to the person who receives the prescription drug.

(b) A retail pharmacy or pharmacy warehouse shall comply with the requirements of this section only if the pharmacy or pharmacy warehouse engages in the wholesale distribution of a prescription drug in the State.

(c) (1) To be considered part of the normal distribution channel, a wholesale distributor, a manufacturer’s exclusive distributor, and a manufacturer’s third party logistics provider also must be an authorized distributor of record.

(2) Notwithstanding paragraph (1) of this subsection, a pharmacy warehouse that is not an authorized distributor of record shall be considered part of the normal distribution channel.

(d) Each person who engages in the wholesale distribution of a prescription drug, including repackagers but excluding the original manufacturer of the finished form of the prescription drug, who is provided a pedigree for the prescription drug and attempts to further distribute the prescription drug, shall authenticate, before any distribution of the prescription drug occurs, that each transaction listed on the pedigree has occurred.

(e) The pedigree shall include:

(1) All necessary identifying information relating to each sale in the chain of distribution of the prescription drug from the manufacturer or the manufacturer’s third party logistics provider, co–licensed partner, or manufacturer’s exclusive distributor, through acquisition and sale by any wholesale distributor or repackager, until final sale to a pharmacy or other person dispensing or administering the prescription drug, including:

(i) The name, address, telephone number, and if available, electronic mail address, of each owner and each wholesale distributor of the prescription drug;

(ii) The name and address of each location from which the prescription drug was shipped, if different from the owner’s;

(iii) Transaction dates; and

(iv) Certification that each recipient has authenticated the pedigree;

(2) The name of the prescription drug;

(3) The dosage form and strength of the prescription drug;

(4) The size of the container;

(5) The number of containers;

(6) The lot number and National Drug Code of the prescription drug; and

(7) The name of the manufacturer of the finished dosage form.

(f) Each pedigree for a prescription drug shall be:

(1) Maintained by the purchaser and the wholesale distributor for 3 years from the date of sale or transfer; and

(2) Available for inspection or use within 5 business days on request of the Board, the Board’s designee, or an authorized law enforcement officer.
Md. Code, Family Law § 12-105 — MD Code / Article gfl / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

(a) (1) The Child Support Administration of the Department of Human Services shall maintain a central registry of records of all identifying information that relates to parents who have deserted or who appear to have deserted their children.

(2) The Child Support Administration shall list these parents in the registry whether or not their children are likely to become recipients of public assistance or foster care.

(b) In accordance with subsections (c) and (d) of this section, to carry out the purposes of this section, the Child Support Administration may receive from any agency of this State, political subdivision of this State, employer, public service company, energy provider, or labor union information and assistance that will enable the Child Support Administration, the local enforcement office, or the State’s Attorney for the county involved:

(1) to locate an absent parent or a parent who has deserted or appears to have deserted a child;

(2) to enforce the liability of the parent for the support of a child of the parent; or

(3) to obtain other financial and location information concerning parents and putative fathers needed by the Administration to carry out its responsibilities under State and federal law.

(c) (1) Upon written request by the Child Support Administration, any agency of this State, political subdivision of this State, employer, or labor union shall provide, if available, a person’s:

(i) Social Security account number;

(ii) date of birth;

(iii) last known residence or mailing address;

(iv) present or last known employer;

(v) length of employment;

(vi) job classification;

(vii) name of person to be notified in case of emergency and the person’s residence;

(viii) work hours;

(ix) amounts of wages or other assets; and

(x) medical insurance provider.

(2) As to individuals who were employed within the 3 years preceding a request for information by the Child Support Administration, the State agency, political subdivision, employer, or labor union shall provide whatever information is available.

(3) (i) Upon request and a showing of cause by the Child Support Administration, a circuit court may issue an order requiring an employer or labor union to comply with a request for information under this section.

(ii) If an employer or labor union refuses to provide information from its employee or member files as required by an order by a circuit court issued under this paragraph, the employer or labor union shall be in contempt of court.

(d) (1) In accordance with a subpoena issued by the Administration under § 10–108.6 of this article, a public service company or energy provider shall provide, if available:

(i) a person’s name and address; and

(ii) the name and address of the person’s employer.

(2) If a public service company or energy provider fails to comply with a subpoena issued by the Administration, the Administration shall have available the remedies provided under § 10–108.4 of this article.

(e) An employer, public service company, energy provider, or labor union that complies with a request from the Administration made under this section is not liable under State law to any person for any:

(1) disclosure of information to the Administration under this section; or

(2) other action taken in good faith to comply with the requirements of this section.

(f) Any record compiled from information provided under this section shall be available only to:

(1) an authorized representative of this State or of a local department of this State; or

(2) a person who has a statutory right to the records in an official capacity.
Md. Code, Tax - Property § 12-118 — MD Code / Article gtp / Title 12 / Subtitle 1 / Section 12-118
§12–118.
Status: in_force

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

(2) “Acquired dwelling” means a dwelling:

(i) that was owned by a displaced homeowner; and

(ii) that by negotiation or condemnation was acquired from the displaced homeowner for public use by the State or a political subdivision or instrumentality of the State, where the acquiring agency had the power to acquire the dwelling for public use by condemnation.

(3) “Acquisition year” means the taxable year in which an acquired dwelling was acquired for public use by the State or a political subdivision or instrumentality of the State.

(4) “Awarded compensation” means the amount awarded to the displaced homeowner from the acquiring agency when the State or a political subdivision or instrumentality of the State took possession of the acquired dwelling by negotiation or condemnation.

(5) “Displaced homeowner” means an individual whose legal interest in a dwelling was terminated through either negotiation or condemnation in exchange for awarded compensation.

(6) “Replacement dwelling” means a dwelling that is:

(i) purchased by a displaced homeowner within 2 taxable years immediately following the acquisition year; and

(ii) is intended to be used as the principal residence of the displaced homeowner.

(b) The Mayor and City Council of Baltimore City or the governing body of a county may exempt, by law, from the recordation tax an instrument of writing that transfers title to improved residential real property to a displaced homeowner if the improved residential real property conveyed to the displaced homeowner qualifies as a replacement dwelling.