Md. Code, Business Regulation § 11-827 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-827
§11–827.
Status: in_force

After the respective portions have been retained by each person listed below, those persons may allocate, from the takeout at the satellite simulcast facility, the costs of operating a satellite simulcast facility and holding satellite simulcast betting:

(1) the licensee of the sending track, from the licensee’s share;

(2) the group that represents a majority of the applicable owners and trainers licensed in the State, from the purse share; and

(3) the group that represents a majority of the applicable breeders in the State, from the bred fund share.
Md. Code, Local Government § 11-306 — MD Code / Article glg / Title 11 / Subtitle 3 / Section 11-306
§11–306.
Status: in_force

(a) (1) If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of a juvenile curfew ordinance, the officer shall:

(i) notify the minor that the minor is in violation of the juvenile curfew ordinance;

(ii) require the minor to tell the officer the minor’s name, address, telephone number, and where to contact the minor’s parent or guardian;

(iii) issue the minor a written warning that the minor is in violation of the juvenile curfew ordinance; and

(iv) order the minor to promptly go home.

(2) The law enforcement officer may take the minor:

(i) to the minor’s home, if appropriate; or

(ii) into custody and transport the minor to a local law enforcement station or designated curfew center when:

1. the minor has received one previous written warning for a violation of a juvenile curfew ordinance;

2. the law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act, as defined in § 3–8A–01 of the Courts Article; or

3. taking the minor into custody is authorized under § 3–8A–14 of the Courts Article.

(3) A law enforcement officer may issue a civil citation for a violation of a juvenile curfew ordinance to:

(i) a minor;

(ii) a parent or guardian of a minor; or

(iii) an owner, operator, or employee of an establishment.

(b) The law enforcement agency shall send written notice of the violation of the juvenile curfew ordinance to the minor’s parent or guardian.
Md. Code, Business Regulation § 11-315 — MD Code / Article gbr / Title 11 / Subtitle 3 / Section 11-315
§11–315.
Status: in_force

A statement required to be submitted to the Commission under § 11-313 or § 11-314 of this subtitle shall be under oath and signed by each officer of the corporate licensee or by the owner or each partner of an unincorporated licensee.
Md. Code, Labor and Employment § 11-804 — MD Code / Article gle / Title 11 / Subtitle 8 / Section 11-804
§11–804.
Status: in_force

The Department shall be responsible for the development of the components of the State plan required to be submitted under federal law to carry out adult education and literacy services.
Md. Code, Local Government § 11-303 — MD Code / Article glg / Title 11 / Subtitle 3 / Section 11-303
§11–303.
Status: in_force

After making independent factual findings demonstrating a local need for a curfew, the county commissioners may adopt a juvenile curfew ordinance.
Md. Code, Business Regulation § 11-614 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-614
§11–614.
Status: in_force

A licensee whose average handle is over $600,000 shall:

(1) allocate 0.50% of each mutuel pool to the Commission as State tax;

(2) allocate 0.25% of each mutuel pool to the Maryland Harness Track Employees Pension Fund;

(3) keep 16.25% of each regular mutuel pool;

(4) keep 18.25% of each multiple mutuel pool on 2 horses; and

(5) keep 24.25% of each multiple mutuel pool on 3 or more horses.
Md. Code, Tax - General § 11-214.1 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-214.1
§11–214.
Status: in_force

§11–214.1.

(a) In this section:

(1) “precious metal bullion or coins” means:

(i) any precious metal that has gone through a refining process and is in a state or condition such that its value depends on its precious metal content and not on its form; or

(ii) except as provided in paragraph (2) of this subsection, monetized bullion, coins, or other forms of money that:

1. are manufactured from precious metals; and

2. are or have in the past been used as a medium of exchange under the laws of the State, the United States, or a foreign nation; and

(2) “precious metal bullion or coins” does not include jewelry or a work of art made of precious metal bullion or coins.

(b) The sales and use tax does not apply to a sale of precious metal bullion or coins if:

(1) the sale price is greater than $1,000; and

(2) the sale occurs at the Baltimore Convention Center.
Md. Code, Real Property § 11-102.1 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-102.1
§11–102.
Status: reserved

§11–102.1.

(a) (1) (i) Before a residential rental facility is subjected to a condominium regime, the owner, and the landlord of each tenant in possession of any portion of the residential rental facility as his residence, if other than the owner, shall give the tenant a notice in the form specified in subsection (f) of this section. The notice shall be given after registration with the Secretary of State under § 11–127 of this title and concurrently and together with any offer required to be given under § 11–136 of this title.

(ii) If an offer required to be given under § 11–136 of this title is not given to a tenant concurrently with the notice described in subparagraph (i) of this paragraph, the 180–day period that is triggered by receipt of the notice under this section does not begin until the tenant receives the purchase offer.

(2) The owner and the landlord, if other than the owner, shall inform in writing each tenant who first leases any portion of the premises as his residence after the giving of the notice required by this subsection that the notice has been given. The tenant shall be informed at or before the signing of lease or the taking of possession, whichever occurs first.

(3) A copy of the notice, together with a list of each tenant to whom the notice was given, shall be given to the Secretary of State at the time the notice is given to each tenant.

(b) The notice and the purchase offer shall be considered to have been given to each tenant if delivered by hand to the tenant or mailed, certified mail, return receipt requested, postage prepaid, to the tenant’s last–known address.

(c) A tenant leasing any portion of the residential rental facility as his residence at the time the notice referred to in subsection (a) of this section is given to him may not be required to vacate the premises prior to the expiration of 180 days from the giving of the notice except for:

(1) Breach of a covenant in his lease occurring before or after the giving of the notice;

(2) Nonpayment of rent occurring before or after the giving of the notice; or

(3) Failure of the tenant to vacate the premises at the time that is indicated by the tenant in a notice given to his landlord under subsection (e) of this section.

(d) The lease term of any tenant leasing any portion of the residential rental facility as his residence at the time the notice referred to in subsection (a) of this section is given to him and which lease term would ordinarily terminate during the 180–day period shall be extended until the expiration of the 180–day period. The extended term shall be at the same rent and on the same terms and conditions as were applicable on the last day of the lease term.

(e) Any tenant leasing any portion of the residential rental facility as his residence at the time the notice referred to in subsection (a) of this section is given to him may terminate his lease, without penalty for termination upon at least 30 days’ written notice to his landlord.

(f) The notice referred to in subsection (a) of this section shall be sufficient for the purposes of this section if it is in substantially the following form. As to rental facilities containing less than 10 units, “Section 2” of the notice is not required to be given.

“NOTICE OF INTENTION TO CREATE A CONDOMINIUM

...................... (Date)

This is to inform you that the rental facility known as ...................................... may be converted to a condominium regime in accordance with the Maryland Condominium Act. You may be required to move out of your residence after 180 days have passed from the date of this notice, or in other words, after ..................... (Date).

Section 1

Rights that apply to all tenants

If you are a tenant in this rental facility and you have not already given notice that you intend to move, you have the following rights, provided you have previously paid your rent and continue to pay your rent and abide by the other conditions of your lease.

(1) You may remain in your residence on the same rent, terms, and conditions of your existing lease until either the end of your lease term or until ...................... (Date) (the end of the 180–day period), whichever is later. If your lease term ends during the 180–day period, it will be extended on the same rent, terms, and conditions until ..................... (Date) (the end of the 180–day period). In addition, certain households may be entitled to extend their leases beyond the 180 days as described in Section 2.

(2) You have the right to purchase your residence before it can be sold publicly. A purchase offer describing your right to purchase is required to be included with this notice. If a purchase offer is not included with this notice, the 180–day period that you may remain in your residence does not begin until you receive the purchase offer.

(3) If you do not choose to purchase your unit, and the annual income for all present members of your household did not exceed .................. (the applicable income eligibility figure or figures for the appropriate area) for 20...., you are entitled to receive $375 when you move out of your residence. You are also entitled to be reimbursed for moving expenses as defined in the Maryland Condominium Act over $375 up to $750 which are actually and reasonably incurred. If the annual income for all present members of your household did exceed ................... (the applicable income eligibility figure or figures for the appropriate area) for 20...., you are entitled to be reimbursed up to $750 for moving expenses as defined in the Maryland Condominium Act actually and reasonably incurred. To receive reimbursement for moving expenses, you must make a written request, accompanied by reasonable evidence of your expenses, within 30 days after you move. You are entitled to be reimbursed within 30 days after your request has been received.

(4) If you want to move out of your residence before the end of the 180–day period or the end of your lease, you may cancel your lease without penalty by giving at least 30 days prior written notice. However, once you give notice of when you intend to move, you will not have the right to remain in your residence beyond that date.

Section 2

Right to 3–year lease extension or 3–month rent payment

for certain individuals with disabilities and senior citizens

The developer who converts this rental facility to a condominium must offer extended leases to qualified households for up to 20 percent of the units in the rental facility. Households which receive extended leases will have the right to continue renting their residences for at least 3 years from the date of this notice. A household may cancel an extended lease by giving 3 months’ written notice if more than 1 year remains on the lease, and 1 month’s written notice if less than 1 year remains on the lease.

Rents under these extended leases may only be increased once a year and are limited by increases in the cost of living index. Read the enclosed lease to learn the additional rights and responsibilities of tenants under extended leases.

In determining whether your household qualifies for an extended lease, the following definitions apply:

(1) (i) “Disability” means:

1. A physical or mental impairment that substantially limits one or more of an individual’s major life activities; or

2. A record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.

(ii) “Disability” does not include the current illegal use of or addiction to:

1. A controlled dangerous substance as defined in § 5–101 of the Criminal Law Article; or

2. A controlled substance as defined in 21 U.S.C. § 802.

(2) “Senior citizen” means a person who is at least 62 years old on the date of this notice.

(3) “Annual income” means the total income from all sources for all present members of your household for the income tax year immediately preceding the year in which this notice is issued but shall not include unreimbursed medical expenses if the tenant provides reasonable evidence of the unreimbursed medical expenses or consents in writing to authorize disclosure of relevant information regarding medical expense reimbursement at the time of applying for an extended lease. “Total income” means the same as “gross income” as defined in § 9–104(a)(7) of the Tax – Property Article.

(4) “Unreimbursed medical expenses” means the cost of medical expenses not otherwise paid for by insurance or some other third party, including medical and hospital insurance premiums, co–payments, and deductibles; Medicare A and B premiums; prescription medications; dental care; vision care; and nursing care provided at home or in a nursing home or home for the aged.

To qualify for an extended lease you must meet all of the following criteria:

(1) A member of the household must be an individual with a disability or a senior citizen and must be living in your unit as of the date of this notice and must have been a member of your household for at least 12 months preceding the date of this notice; and

(2) Annual income for all present members of your household must not have exceeded ................. (the applicable income eligibility figure or figures for the appropriate area) for 20.....; and

(3) You must be current in your rental payments and otherwise in good standing under your existing lease.

If you meet all of these qualifications and desire an extended lease, then you must complete the enclosed form and execute the enclosed lease and return them. The completed form and executed lease must be received at the office listed below within 60 days of the date of this notice, or in other words, by ..................... (Date). If your completed form and executed lease are not received within that time, you will not be entitled to an extended lease.

If the number of qualified households requesting extended leases exceeds the 20 percent limitation, priority will be given to qualified households who have lived in the rental facility for the longest time.

Due to the 20 percent limitation your application for an extended lease must be processed prior to your lease becoming final. Your lease will become final if it is determined that your household is qualified and falls within the 20 percent limitation.

If you return the enclosed form and lease by ..................... (Date) you will be notified within 75 days of the date of this notice, or in other words, by ..................... (Date), whether you are qualified and whether your household falls within the 20 percent limitation.

You may apply for an extended lease and, at the same time, choose to purchase your unit. If you apply for and receive an extended lease, your purchase contract will be void. If you do not receive an extended lease, your purchase contract will be effective and you will be obligated to buy your unit.

If you qualify for an extended lease, but due to the 20 percent limitation, your lease is not finalized, the developer must pay you an amount equal to 3 months rent within 15 days after you move. You are also entitled to up to $750 reimbursement for your moving expenses, as described in Section 1.

If you qualify for an extended lease, but do not want one, you are also entitled to both the moving expense reimbursement previously described, and the payment equal to 3 months’ rent. In order to receive the 3 month rent payment, you must complete and return the enclosed form within 60 days of the date of this notice or by ..................... (Date), but you should not execute the enclosed lease.

All application forms, executed leases, and moving expense requests should be addressed or delivered to:

.....................

.....................

.....................”

(g) A declaration may not be received for record unless there is attached thereto an affirmation of the developer in substantially the following form:

“I hereby affirm under penalty of perjury that the notice requirements of § 11–102.1 of the Real Property Article, if applicable, have been fulfilled.

Developer

By ...............”

(h) Failure of a landlord or owner to give notice as required by this section is a defense to an action for possession.

(i) Failure to fulfill the provisions of this section does not affect the validity of a condominium regime otherwise established in accordance with the provisions of this title.

(j) This section does not apply to any tenant whose lease term expires during the 180–day period and who has given notice of his intent not to renew the lease prior to the giving of the notice required by subsection (a) of this section.

(k) (1) A tenant may not waive his rights under this section except as provided under § 11–137 of this title.

(2) At the expiration of the 180–day period a tenant shall become a tenant from month–to–month subject to the same rent, terms, and conditions as those existing at the giving of the notice required by subsection (a) of this section, if the tenant’s initial lease has expired and the tenant has not:

(i) Entered into a new lease;

(ii) Vacated under subsection (e) of this section; or

(iii) Been notified in accordance with applicable law prior to the expiration of the 180–day period that he must vacate at the end of that period.
Md. Code, Education § 11-1903 — MD Code / Article ged / Title 11 / Subtitle 19 / Section 11-1903
§11–1903.
Status: in_force

(a) There is a Maryland Pathway to Nursing Advisory Committee.

(b) The Committee shall assist the Secretary in the development and implementation of the Program.

(c) The Committee consists of the following members, appointed by the Secretary:

(1) One representative of the Department of Veterans Affairs;

(2) One representative of the Maryland Department of Health;

(3) One representative of the State Board of Nursing;

(4) One representative of the Maryland Department of Labor;

(5) Four representatives from community colleges in the State that offer licensed practical nursing programs;

(6) Two representatives from public higher education institutions with a 4–year degree nursing program, one of whom shall be from a historically Black college or university;

(7) One representative from a private higher education institution that primarily offers 4–year degree programs;

(8) One representative of the Maryland Nurses Association;

(9) One representative of the Maryland Association of Community Colleges;

(10) One representative of the Maryland Independent College and University Association;

(11) One representative of the Maryland Hospital Association;

(12) One representative of the Lifespan Network;

(13) One representative of the Baltimore County Public Health Pathways Program;

(14) One representative from a labor organization that represents certified nursing assistants, licensed practical nurses, and registered nurses;

(15) One representative from a local workforce investment board;

(16) One practical nursing student in the State;

(17) One licensed practical nurse licensed in the State;

(18) One representative of LeadingAge Maryland;

(19) One representative of the Health Facilities Association of Maryland; and

(20) Any other individual with expertise or experience that the Secretary determines is relevant to the Committee.

(d) The Secretary shall designate the chair of the Committee.

(e) The Commission shall provide staff for the Committee.

(f) A member of the Committee:

(1) May not receive compensation as a member of the Committee; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Commercial Law § 11-1204 — MD Code / Article gcl / Title 11 / Subtitle 12 / Section 11-1204
§11–1204.
Status: in_force

The court may award reasonable attorney’s fees to the prevailing party if:

(1) A claim of misappropriation is made in bad faith;

(2) A motion to terminate an injunction is made or resisted in bad faith; or

(3) Willful and malicious misappropriation exists.
Md. Code, Real Property § 11-102.2 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-102.2
§11–102.
Status: in_force

§11–102.2.

(a) In this section, “terminate” means:

(1) A giving of notice terminating a periodic tenancy of a dwelling within a residential rental facility; or

(2) The failure to renew or continue an existing lease for a dwelling in a residential rental facility upon its expiration.

(b) The owner of a residential facility may not terminate the lease of any tenant occupying any portion of the owner’s residential facility in order to avoid such owner’s obligation to give the tenant the notice required under § 11-102.1 of this title.

(c) The application for registration for a residential rental facility under § 11–127 of this title shall include, to the extent reasonably available, a list of all tenants whose leases were terminated during the 180–day period prior to the filing of the application for registration.

(d) After an agency hearing, if the Secretary of State determines that an owner has violated subsection (b) of this section within 180 days prior to filing an application for registration, the Secretary of State shall reject the application for registration filed by the owner.

(e) After a public offering statement has been registered, if the Secretary of State determines that an owner has violated subsection (b) of this section during the 12-month period prior to the time units are offered for sale, the Secretary of State shall revoke the registration.

(f) In determining whether an owner has violated subsection (b) of this section, the Secretary of State shall consider:

(1) (i) Whether the termination was due to the nonpayment of rent;

(ii) Whether the termination was due to a breach of the lease; or

(iii) Whether the owner intended at the time of termination to convert the residential facility to a condominium; and

(2) Any other factors as the Secretary of State deems appropriate.

(g) If an application for registration is rejected by the Secretary of State pursuant to subsection (d) of this section, or if a registration is revoked by the Secretary of State pursuant to subsection (e) of this section, the Secretary of State may not accept the application or reinstate the registration unless and until the owner has tendered to every tenant whose lease was terminated in violation of subsection (a) of this section an award for reasonable expenses.
Md. Code, Financial Institutions § 11-213 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-213
§11–213.
Status: in_force

Each licensee shall keep:

(1) The books and records that the Commissioner considers necessary to determine compliance with the Maryland Consumer Loan Law; and

(2) For at least 2 years after the licensee makes the final entry on any loan in the licensee’s business, the records of that entry, including cards used in a card system.
Md. Code, Transportation § 11-178 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-178
§11–178.
Status: in_force

“Veteran” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Education § 11-206.2 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-206.2
§11–206.
Status: in_force

§11–206.2.

(a) On or before January 1, 2025, and each January 1 thereafter, the Commission shall review each academic program that has been recently approved and each academic program that has been approved in the 4 immediately preceding school years that was subject to an objection of a historically Black college or university, as described in § 10–214 of this article, to determine whether the historically Black college or university, the State, or students attending institutions of higher education in the State suffered harm resulting from approval of the program.

(b) On or before September 1, 2025, and each September 1 thereafter, the Commission shall report its findings under subsection (a) of this section, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Energy, and the Environment Committee and the House Appropriations Committee.
Md. Code, Commercial Law § 11-1302 — MD Code / Article gcl / Title 11 / Subtitle 13 / Section 11-1302
§11–1302.
Status: in_force

(a) This subtitle applies to any agreement under which a grantor’s commercial goods are distributed or sold in this State.

(b) Notwithstanding any other provision of this subtitle, this subtitle does not apply to:

(1) A seller of business opportunities regulated under the Maryland Business Opportunity Sales Act, Title 14, Subtitle 1 of the Business Regulation Article;

(2) A franchisor regulated under the Maryland Franchise Registration and Disclosure Law, Title 14, Subtitle 2 of the Business Regulation Article;

(3) A supplier regulated under the Equipment Dealer Contract Act, Title 19 of this article;

(4) A manufacturer, producer, or refiner of petroleum products that are motor fuels regulated under Title 10 of the Business Regulation Article;

(5) A franchisor regulated under the Beer Franchise Fair Dealing Act; or

(6) A manufacturer, producer, or supplier of wine or distilled spirits.
Md. Code, Real Property § 11-111.5 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-111.5
§11–111.
Status: in_force

§11–111.5.

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

(2) “Composting” means the controlled aerobic biological decomposition of organic waste material.

(3) “Composting facility” has the meaning stated in § 9–1701 of the Environment Article.

(b) A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a condominium may not prohibit or unreasonably restrict a unit owner from contracting with a private entity to collect organic waste materials from the unit owner for composting at a composting facility.

(c) A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a condominium that unreasonably impedes the ability of a private entity to access the common elements for the purpose of collecting organic waste materials from a unit owner shall be interpreted as a restriction on the unit owner’s right to contract for private composting services under subsection (b) of this section.
Md. Code, Education § 11-304 — MD Code / Article ged / Title 11 / Subtitle 3 / Section 11-304
§11–304.
Status: in_force

(a) (1) The president of each public institution shall prepare a performance accountability plan.

(2) The president shall submit the plan to the institution’s governing board.

(3) The president shall update the accountability plan as appropriate and upon the direction of the governing board.

(b) (1) The governing board:

(i) Shall review the accountability plan;

(ii) May amend and shall adopt or disapprove the plan; and

(iii) Shall submit the plan to the Commission.

(2) In the case of the constituent institutions of the University System of Maryland, the Chancellor of the University System of Maryland shall review the plan prior to its consideration by the Board of Regents and make recommendations.

(c) (1) The governing board shall submit the performance accountability plan of the institution to the Commission for review and comment.

(2) The Commission may disapprove the accountability plan and require the governing board to reconsider the plan if the Commission finds:

(i) The plan does not conform to the format or guideline established by the Commission;

(ii) The measurement techniques embodied in the plan are invalid or unreliable; or

(iii) The plan is not reasonably related to the institution’s mission statement.
Md. Code, Real Property § 11A-121 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-121
§11A–121.
Status: reserved

(a) (1) A developer may not offer a time-share to the public until the developer has received a certificate of registration as a time-share developer.

(2) Every application for registration shall be on a form prepared by the Commission and shall provide such information as may be reasonably required by the Commission. The developer shall file with the Commission the following documents and information:

(i) Copies of all project instruments and time-share instruments;

(ii) A copy of the proposed public offering statement which shall be supplemented by the public offering statement as finally approved by the Secretary of State;

(iii) Copies of the forms of the deed, sales contract, and all other written materials to be used in the normal course of the sale of the time-shares;

(iv) Evidence that time-share use complies with the zoning laws of the municipality in which the time-share project is located;

(v) If the time-share units are subject to any project instrument, evidence that the project instruments do not prohibit the use of units for time-sharing purposes and, if the project instruments do not expressly authorize time-share use, a copy of a letter to the president of the governing entity of the project stating the developer’s intent to use units for time-share purposes, together with evidence of its receipt by the addressee; and

(vi) The name and address of any project broker.

(3) A registration application may not be approved until the applicant has:

(i) Executed an irrevocable appointment of the Commission to receive service of process in any legal proceeding brought against the applicant arising out of the sale of time-share estates in this State provided that a duplicate copy of all papers regarding the applicant filed with the Commission is sent to the applicant at its last known address within 5 days thereafter;

(ii) Paid a registration fee of $100;

(iii) Provided the Commission with a list of the time-share estates and licenses to be offered and the name of the licensed broker of record representing the developer; and

(iv) Posted with the Commission a surety bond or letter of credit in an amount of $100,000 issued by an issuer and in a form acceptable to the Commission conditioned on the return of all money paid by a purchaser in the event the purchaser becomes entitled to the return of the money.

(4) The Commission shall approve or disapprove the application within the later to occur of 30 days after receipt of all required information or 5 days after approval by the Secretary of State of the public offering statement. Should the application be disapproved, a hearing shall be afforded the applicant in conformance with § 17-324 of the Business Occupations and Professions Article. Approved registrations shall expire on the 30th day of April in each even numbered year or on such other day as the Commission may designate.

(b) It shall be unlawful for any person to submit any information to the Commission which that person knows to be untrue or misleading or to fail to submit information which that person knows to be material. Any information submitted to the Commission may be disseminated to and relied upon by each purchaser.

(c) The Commission may review the materials submitted, except the public offering statement, pursuant to this section to determine compliance by the developer with this title. The Commission shall notify the developer within 30 days after receipt of the application of any deficiency in the materials submitted.

(d) A developer shall promptly amend and supplement its registration with the Commission to report any material change in the information required by this section.

(e) The Commission, after notice and hearing, may issue an order revoking a registration upon determination that a developer has:

(1) Failed to comply with a cease and desist order issued by the Commission;

(2) Concealed, diverted, or disposed of any funds or assets of any person in a manner impairing rights of purchasers of those time-shares;

(3) Failed to perform any stipulation or agreement made to induce the Commission to issue an order relating to those time-shares;

(4) Misrepresented or failed to disclose a material fact in the application for registration;

(5) Failed to meet any of the requirements for registration;

(6) Violated any provisions of this title; or

(7) Committed an unfair or deceptive trade practice.

(f) (1) Subject to the provisions of paragraph (2) of this subsection, the Commission may order summarily the suspension of the registration of a developer if the developer:

(i) Fails to account promptly for any funds held in trust; or

(ii) On demand, fails to display to the Commission all records, books, and accounts of the funds held in trust.

(2) The Commission may order summarily a suspension under this subsection only if it gives the developer:

(i) Written notice of the suspension and the finding on which the suspension is based; and

(ii) After the summary suspension is effective, an opportunity to be heard promptly before the Commission.

(3) A summary suspension ordered by the Commission under this subsection:

(i) May start immediately or at any later date, as set by the order; and

(ii) Shall continue until:

1. The developer complies with the conditions set forth by the Commission in its order; or

2. The Commission orders a different disposition after a hearing held under this section.

(4) (i) Rather than order summarily a suspension of the registration of a developer under this subsection, the Commission may elect not to suspend the registration until after the developer is given an opportunity for a hearing.

(ii) If the Commission elects to give the developer an opportunity for a hearing before suspending the registration for the grounds set forth in this subsection, notice shall be given and the hearing shall be held in the same manner as required in comparable proceedings under the Maryland Real Estate Brokers Act for violation of trust money provisions by a real estate broker.

(g) A developer shall maintain all records of trust money, as defined in Title 17, Subtitle 5 of the Business Occupations and Professions Article, in a secured area within the office of the developer.

(h) A developer may not transfer, cause to be transferred, or contract for the transfer of a time-share while an order revoking registration is in effect, without the consent of the Commission.

(i) (1) Each registered developer shall file with the Commission an annual report to update any information contained in the application for registration.

(2) If an annual report reveals that a developer owns or controls time-shares representing less than 25 percent of the total time-shares in the time-share project and that a developer has no power to increase the number of time-shares he owns or controls, the Commission shall issue an order relieving the developer of any further obligation to file annual reports. Thereafter, so long as the developer is offering any time-shares for sale, the Commission has jurisdiction over the developer’s activities, but has no other authority to regulate the time-shares.

(j) In the case of the time-share project situated wholly outside the State, no application for registration filed with the Commission which has been approved by an agency of the state in which the time-share project is located and substantially complies with the requirements of this title may be rejected by the Commission on the grounds of noncompliance with any different or additional requirements imposed by this title or by the Commission’s regulations. However, the Commission may require additional documents or information to assure adequate and accurate disclosure to prospective purchasers.

(k) (1) The Commission, after notice and hearing, may levy a civil penalty against a developer of not more than $1,000 for any violation by the developer of this section or § 11A–112, § 11A–113, § 11A–114, § 11A–116, § 11A–118, § 11A–119, § 11A–120, or § 11A–124 of this title.

(2) In determining the amount of the penalty, the Commission shall give due consideration to:

(i) The seriousness of the violation;

(ii) The lack of good faith on the part of the developer;

(iii) The adverse impact, if any, on other persons;

(iv) Any efforts made by the developer to remedy or correct the violation; and

(v) The developer’s history of prior violations, particularly violations of the same or similar nature.

(3) (i) If any penalty is not paid in full within 30 days after becoming final, the Commission may summarily revoke the developer’s registration, and the Commission or the State Central Collection Unit may bring suit in the District Court or other court of competent jurisdiction to enforce payment.

(ii) A judgment shall be entered against the developer upon a showing that:

1. The penalty was assessed against the developer;

2. The penalty has become final;

3. No appeal is pending;

4. The penalty remains unpaid in whole or part; and

5. The developer contested the charge for which the penalty was assessed, or was duly served with a copy of the charge under any applicable rules and regulations of the Commission.
Md. Code, Labor and Employment § 11-707 — MD Code / Article gle / Title 11 / Subtitle 7 / Section 11-707
§11–707.
Status: in_force

The Department, in consultation with the Department of Commerce and the Department of Information Technology, shall develop a uniform and easily accessible statewide “Train Maryland” Web site promoting available training programs in the State, including those available under the Maryland EARN Program.
Md. Code, Business Regulation § 11-538 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-538
§11–538.
Status: in_force

A horse may be registered with the Maryland Horse Breeders Association, Inc., only if the horse was foaled in Maryland as shown by a foal certificate from the Jockey Club and:

(1) the breeder of the horse has maintained a place of abode in Maryland for more than 9 months immediately before registration;

(2) the breeder of the horse keeps breeding stock continually in Maryland;

(3) the horse was conceived in Maryland during the previous season;

(4) the horse’s dam was sent to Maryland to foal and after foaling was covered only by a Maryland stallion during the season of the horse’s birth; or

(5) if the horse’s dam dies, is permanently retired, or is certified by a veterinarian as unable to be bred, the horse resided in the State for at least 6 months after the horse was foaled.
Md. Code, Real Property § 11-109.3 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-109.3
§11–109.
Status: in_force

§11–109.3.

(a) If the council of unit owners fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, three or more unit owners may petition the circuit court for the county where the condominium is located to appoint a receiver to manage the affairs of the council of unit owners.

(b) (1) At least 30 days before petitioning the circuit court, the unit owners acting under the authority granted by subsection (a) of this section shall mail to the council of unit owners a notice describing the petition and the proposed action.

(2) The unit owners shall post a copy of the notice in a conspicuous place on the condominium property.

(c) If the council of unit owners fails to fill vacancies sufficient to constitute a quorum within the notice period, the unit owners may proceed with the petition.

(d) A receiver appointed by a court under this section may not reside in or own a unit in the condominium governed by the council of unit owners.

(e) (1) A receiver appointed under this section shall have all powers and duties of a duly constituted board of directors.

(2) The receiver shall serve until the council of unit owners fills vacancies on the board of directors sufficient to constitute a quorum.

(f) The salary of the receiver, court costs, and reasonable attorney’s fees are common expenses.
Md. Code, Corporations and Associations § 11-204 — MD Code / Article gca / Title 11 / Subtitle 2 / Section 11-204
§11–204.
Status: in_force

Every hearing in an administrative proceeding shall be public unless the Commissioner in his discretion grants a request joined in by all the respondents that the hearing be conducted privately.
Md. Code, Corporations and Associations § 11-209 — MD Code / Article gca / Title 11 / Subtitle 2 / Section 11-209
§11–209.
Status: in_force

(a) The Commissioner may:

(1) (i) Bring a civil action for damages against a person that violates § 8–801 of the Criminal Law Article on behalf of a victim of the violation or, if the victim is deceased, the victim’s estate;

(ii) Recover damages under this subsection for property loss or damage; and

(iii) If the Commissioner prevails in an action brought under this paragraph, recover the costs of the action for the use of the Office of the Attorney General; and

(2) (i) Bring a civil action for damages on behalf of a susceptible adult or older adult who is authorized to bring a cause of action under § 13–603 of the Estates and Trusts Article; and

(ii) If the Commissioner prevails in an action brought under this paragraph, recover the costs of the action for the use of the Office of the Attorney General.

(b) A conviction for a violation of § 8–801 of the Criminal Law Article is not a prerequisite for maintenance of an action under subsection (a) of this section.
Md. Code, Business Regulation § 11-1310 — MD Code / Article gbr / Title 11 / Subtitle 13 / Section 11-1310
§11–1310.
Status: in_force

No official of a party state or employee of the compact committee shall be held personally liable for any reasonable action taken in good faith that occurs during the performance, and within the scope, of their responsibilities and duties under this compact.
Md. Code, Business Regulation § 11-702 — MD Code / Article gbr / Title 11 / Subtitle 7 / Section 11-702
§11–702.
Status: in_force

(a) (1) The Commission shall issue a license to the Cecil County Breeders’ Fair, Inc., or its successor to hold racing on not more than 8 one–day race meetings a year for steeplechase, hurdle, or flat racing at the Fair Hill Natural Resources Management Area.

(2) The racing shall be held on dates that the licensee chooses and the Commission approves.

(b) In conjunction with this racing, an agricultural fair with livestock entered for exhibition may be held under the auspices of the State Fair Board on at least 1 racing day.

(c) An officer of the licensee may not receive a salary or dividends from racing allowed under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 11-2502 — MD Code / Article gab / Title 11 / Subtitle 25 / Section 11-2502
§11–2502.
Status: reserved

(a) This section applies to an establishment that:

(1) includes a restaurant, hotel, club, room, dance studio, disco, place of public entertainment, and place open to the public; and

(2) is subject to a license issued by the State or the county other than a license issued under this article.

(b) An owner or a manager of an establishment under subsection (a) of this section may not serve, keep, or allow to be consumed by a customer alcoholic beverages from supplies that the customer purchased, reserved, or brought to the establishment.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.
Md. Code, Alcoholic Beverages and Cannabis § 11-2004 — MD Code / Article gab / Title 11 / Subtitle 20 / Section 11-2004
§11–2004.
Status: in_force

(a) (1) A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday from 6 a.m. to 2 a.m. the following day.

(2) Except as provided in paragraph (3) of this subsection, the license holder may not sell beer, wine, or liquor after 2 a.m. on Sunday.

(3) The Board may issue to the license holder a Sunday license that authorizes the sale of beer, wine, and liquor on Sunday according to terms that the license states.

(b) (1) A holder of a Class B beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday from 6 a.m. to 2 a.m. the following day.

(2) Except as provided in paragraph (3) of this subsection, the license holder may not sell beer, wine, or liquor after 2 a.m. on Sunday.

(3) The Board may issue to the license holder a Sunday license that authorizes the sale of beer, wine, and liquor on Sunday according to terms that the license states.

(4) The license holder may sell or provide beer, wine, and liquor at a bar or counter on any day on which the sale of beer, wine, and liquor is allowed by law.

(c) (1) Except as provided in paragraph (4) of this subsection, a holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday from 6 a.m. to 2 a.m. the following day.

(2) Except as provided in paragraphs (3) and (4) of this subsection, the license holder may not sell beer, wine, or liquor after 2 a.m. on Sunday.

(3) The Board may issue to the license holder a Sunday license that authorizes the sale of beer, wine, and liquor on Sunday according to terms that the license states.

(4) A holder of a Class C (veterans’ organization) license under § 11–1009 of this title may sell beer, wine, and liquor on Monday through Sunday from 6 a.m. to 2 a.m. the following day without obtaining a Sunday license under paragraph (3) of this subsection.

(5) The license holder may sell or provide beer, wine, and liquor at a bar or counter on any day on which the sale of beer, wine, and liquor is allowed by law.

(d) (1) A holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday from 6 a.m. to 2 a.m. the following day.

(2) Except as provided in paragraph (3) of this subsection, the license holder may not sell beer, wine, or liquor after 2 a.m. on Sunday.

(3) The Board may issue to the license holder a Sunday license that authorizes the sale of beer, wine, and liquor on Sunday according to terms that the license states.

(e) (1) A holder of a Class H beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday from 6 a.m. to 2 a.m. the following day.

(2) Except as provided in paragraph (3) of this subsection, the license holder may not sell beer, wine, or liquor after 2 a.m. on Sunday.

(3) The Board may issue to the license holder a Sunday license that authorizes the sale of beer, wine, and liquor on Sunday according to terms that the license states.
Md. Code, Tax - General § 11-405 — MD Code / Article gtg / Title 11 / Subtitle 4 / Section 11-405
§11–405.
Status: in_force

A vendor who sells tangible personal property, a digital code, a digital product, or a taxable service through a vending or other self–service machine:

(1) shall pay the sales and use tax to the Comptroller; and

(2) may not collect the sales and use tax from the buyer as a separately stated item.
Md. Code, Agriculture § 11-411 — MD Code / Article gag / Title 11 / Subtitle 4 / Section 11-411
§11–411.
Status: in_force

A person may not indicate, record or report a false or incorrect test result or quantity of milk or other fluid dairy product, for any purpose.
Md. Code, Business Occupations and Professions § 11-703.1 — MD Code / Article gbo / Title 11 / Subtitle 7 / Section 11-703.1
§11–703.
Status: in_force

§11–703.1.

A licensed pilot may not take part in a port-wide job action or strike. �
Md. Code, Human Services § 11-206 — MD Code / Article ghu / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

The Corporation shall indemnify the members of the Board and the officers, agents, and employees of the Corporation to the extent authorized under the Maryland General Corporation Law.
Md. Code, Alcoholic Beverages and Cannabis § 11-1406 — MD Code / Article gab / Title 11 / Subtitle 14 / Section 11-1406
§11–1406.
Status: in_force

The Board shall:

(1) collect all license fees required under this article;

(2) issue all licenses in the county; and

(3) remit all fees collected to the Executive Director.
Md. Code, Commercial Law § 11-501 — MD Code / Article gcl / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

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

(b) “Basic cost of cigarettes” means the lesser of the invoice cost or the replacement cost of cigarettes to the retailer or wholesaler; plus any in–freight charge to the wholesaler otherwise not included in the invoice cost or the replacement cost; plus, for the wholesaler, the full face value of any applicable Maryland cigarette tax payable by the wholesaler; minus any trade discount or discount for cash.

(c) (1) “Cigarettes” means any size or shaped roll for smoking that is made of tobacco or tobacco mixed with another ingredient and wrapped in paper or in any other material except tobacco.

(2) “Cigarettes” does not include cigars.

(d) (1) “Cost to the retailer”, subject to the special cost provisions of § 11–503 of this subtitle, means the basic cost of cigarettes to a retailer, which includes the cost to a wholesaler, plus a markup to cover his cost of doing business, which cost of doing business, in the absence of satisfactory proof of a lesser cost, is presumed to be 8 percent of the basic cost of cigarettes to him.

(2) As to each carton of 200 cigarettes, a fractional part of a cent equal to one–tenth of a cent or more in the cost to the retailer shall be rounded off to the next higher cent.

(e) (1) “Cost to the wholesaler”, subject to the special cost provisions of § 11–503 of this subtitle, means the basic cost of cigarettes to a wholesaler, plus a markup to cover his cost of doing business, which cost of doing business:

(i) Includes the cartage cost to a retailer; and

(ii) In the absence of satisfactory proof of a lesser cost, is presumed to be 5 percent of the basic cost of cigarettes to him.

(2) As to each carton of 200 cigarettes, a fractional part of a cent equal to one–tenth of a cent or more in the cost to the wholesaler shall be rounded off to the next higher cent.

(f) (1) “Executive Director” means the Executive Director of the Alcohol, Tobacco, and Cannabis Commission.

(2) “Executive Director” includes a deputy, an inspector, a clerk, or any other individual authorized to act by the Executive Director.

(g) “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.

(h) “Replacement cost” means the cost per unit for which the cigarettes could have been bought by the wholesaler or retailer at any time within 30 days before the date of sale by him if bought in the same quantity as his last purchase of the cigarettes.

(i) “Retail sale of cigarettes” includes any sale whereby cigarettes are sold for a valuable consideration, including an exchange or barter and a sale through a vending machine, made in the ordinary course of trade or the usual conduct of the seller’s business to a purchaser for consumption or use other than resale.

(j) (1) “Retailer” includes any person engaged in the business of making retail sales of cigarettes within the State at a store, stand, booth, or concession, through vending machines, or otherwise.

(2) If the person is engaged in the business of making both retail sales of cigarettes and wholesale sales of cigarettes, the word only applies to the retail sales of cigarettes portion of the business.

(k) “Sell” includes advertise, offer to sell, or offer for sale.

(l) “Vending machine operator” means a person who:

(1) Makes retail sales of cigarettes or has cigarettes in his possession with the intent to sell them exclusively at retail through the medium of a vending machine or any other mechanical device used for dispensing cigarettes;

(2) Owns, operates, and services vending machines or other mechanical devices used to dispense cigarettes on 40 or more premises; and

(3) Services the machines or devices by maintaining an established place of business for the purchase of cigarettes, including warehousing facilities for the storage and distribution of cigarettes.

(m) (1) “Wholesale sale of cigarettes” includes any sale whereby cigarettes are sold for a valuable consideration, made in the ordinary course of trade or in the usual conduct of the seller’s business to a retailer, other than to a vending machine operator or to a sub–wholesaler described in subsection (n)(2) of this section, for the bona fide purpose of resale.

(2) “Wholesale sale of cigarettes” includes any transfer of cigarettes on consignment or otherwise, whereby title is retained by the seller as security for the payment of the purchase price.

(n) (1) “Wholesaler” means a person who purchases cigarettes directly from a manufacturer.

(2) “Wholesaler” includes a person, who, as a sub–wholesaler:

(i) Purchases cigarettes from another wholesaler solely for the purpose of bona fide resale to retailers other than those directly or indirectly owned, affiliated, or controlled by him; and

(ii) Services the retailers by maintaining an established place of business for the sale of cigarettes, including warehouse facilities, adequate inventory, proper accounting records, and necessary equipment and vehicles for the storage and distribution of cigarettes.

(3) If the person is engaged in the business of making both wholesale sales of cigarettes and retail sales of cigarettes, the word only applies to the wholesale sales of cigarettes portion of the business.
Md. Code, Courts and Judicial Proceedings § 11-108 — MD Code / Article gcj / Title 11 / Subtitle 1 / Section 11-108
§11–108.
Status: in_force

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

(2) (i) “Noneconomic damages” means:

1. In an action for personal injury, pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury; and

2. In an action for wrongful death, mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this article.

(ii) “Noneconomic damages” does not include punitive damages.

(3) “Primary claimant” means a claimant in an action for the death of a person described under § 3-904(d) of this article.

(4) “Secondary claimant” means a claimant in an action for the death of a person described under § 3-904(e) of this article.

(b) (1) In any action for damages for personal injury in which the cause of action arises on or after July 1, 1986, an award for noneconomic damages may not exceed $350,000.

(2) (i) Except as provided in paragraph (3)(ii) of this subsection, in any action for damages for personal injury or wrongful death in which the cause of action arises on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000.

(ii) The limitation on noneconomic damages provided under subparagraph (i) of this paragraph shall increase by $15,000 on October 1 of each year beginning on October 1, 1995. The increased amount shall apply to causes of action arising between October 1 of that year and September 30 of the following year, inclusive.

(3) (i) The limitation established under paragraph (2) of this subsection shall apply in a personal injury action to each direct victim of tortious conduct and all persons who claim injury by or through that victim.

(ii) In a wrongful death action in which there are two or more claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the limitation established under paragraph (2) of this subsection, regardless of the number of claimants or beneficiaries who share in the award.

(c) An award by the health claims arbitration panel in accordance with § 3-2A-05 of this article for damages in which the cause of action arose before January 1, 2005, shall be considered an award for purposes of this section.

(d) (1) In a jury trial, the jury may not be informed of the limitation established under subsection (b) of this section.

(2) (i) If the jury awards an amount for noneconomic damages that exceeds the limitation established under subsection (b) of this section, the court shall reduce the amount to conform to the limitation.

(ii) In a wrongful death action in which there are two or more claimants or beneficiaries, if the jury awards an amount for noneconomic damages that exceeds the limitation established under subsection (b)(3)(ii) of this section, the court shall:

1. If the amount of noneconomic damages for the primary claimants equals or exceeds the limitation under subsection (b)(3)(ii) of this section:

A. Reduce each individual award of a primary claimant proportionately to the total award of all of the primary claimants so that the total award to all claimants or beneficiaries conforms to the limitation; and

B. Reduce each award, if any, to a secondary claimant to zero dollars; or

2. If the amount of noneconomic damages for the primary claimants does not exceed the limitation under subsection (b)(3)(ii) of this section or if there is no award to a primary claimant:

A. Enter an award to the primary claimant, if any, as directed by the verdict; and

B. Reduce each individual award of a secondary claimant proportionately to the total award of all of the secondary claimants so that the total award to all claimants or beneficiaries conforms to the limitation.

(e) The provisions of this section do not apply to a verdict under Title 3, Subtitle 2A of this article for damages in which the cause of action arises on or after January 1, 2005.
Md. Code, Alcoholic Beverages and Cannabis § 11-502 — MD Code / Article gab / Title 11 / Subtitle 5 / Section 11-502
§11–502.
Status: in_force

Except as provided in § 11–503 of this subtitle, a holder of a wholesaler’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Commercial Law § 11-602 — MD Code / Article gcl / Title 11 / Subtitle 6 / Section 11-602
§11–602.
Status: in_force

This subtitle does not apply to any container which has a total capacity of five gallons or less.
Md. Code, Correctional Services § 11-205 — MD Code / Article gcs / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

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

(2) (i) “Health care provider” has the meaning stated in § 19–132 of the Health – General Article.

(ii) “Health care provider” does not include a hospital regulated by the Health Services Cost Review Commission.

(3) “Health care service” has the meaning stated in § 19–132 of the Health – General Article.

(4) “Medicaid rate” means:

(i) the amount a health care provider would be paid for health care services under a contract or provider agreement with the Maryland Medical Assistance Program; or

(ii) if the health care provider is a federally qualified health center, the amount that a federally qualified health center would be paid by the Maryland Medical Assistance Program using the payment methodology described in 42 U.S.C. § 1396a(bb).

(b) Liability for payment to a health care provider for any health care service provided to an incarcerated individual committed to a local correctional facility that is not provided on the premises of the facility may not exceed the lesser of:

(1) the actual amount billed by the health care provider for the health care service; or

(2) the Medicaid rate for the health care service.

(c) (1) A county may elect to declare the provisions of this section inapplicable to the county by filing with the county health officer a written declaration by the highest official of the local correctional facility, approved by the chief executive officer of the county.

(2) The highest official of the local correctional facility, with the approval of the chief executive officer of the county, may withdraw at any time an election made under paragraph (1) of this subsection.
Md. Code, Transportation § 11-107 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-107
§11–107.
Status: in_force

“Cancel”, as used in reference to a driver’s license issued under Title 16 of this article, means to annul or terminate, by formal action of the Administration, an individual’s driver’s license because of some error or defect in the license or because the individual no longer is entitled to the license, but without prejudice to the right of the individual to apply for a new driver’s license at any time.
Md. Code, Insurance § 11-308 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-308
§11–308.
Status: reserved

(a) (1) If, after a hearing, the Commissioner finds that a rate is not in compliance with § 11-306 of this subtitle or that a rate was set in violation of § 11-342 of this subtitle, the Commissioner shall issue an order that requires that use of the rate be discontinued for each policy issued or renewed after a date specified in the order.

(2) The order may provide prospectively for premium adjustment of each policy then in force.

(3) Except as provided in subsection (b) of this section, the Commissioner shall issue the order within 30 days after the conclusion of the hearing or within a reasonable extension of that time set by the Commissioner.

(4) An order issued under this subsection expires 1 year after its effective date unless it is rescinded earlier by the Commissioner.

(b) (1) Pending a hearing, the Commissioner may issue an order that prospectively suspends a rate filed by an insurer and reimposes the last previous rate in effect if the Commissioner has reasonable cause to believe that:

(i) the rate is in violation of § 11-306 of this subtitle;

(ii) unless the order of suspension is issued, certain insureds will suffer irreparable harm;

(iii) the hardship that insureds will suffer in the absence of the order of suspension outweighs the hardship that the insurer would suffer if the order of suspension were issued; and

(iv) the order of suspension will not cause substantial harm to the public.

(2) Unless the insurer waives a hearing, the Commissioner:

(i) shall hold a hearing within 15 working days after issuing the order of suspension; and

(ii) within 15 working days after the conclusion of the hearing, shall make a determination and issue an order as to whether the rate should be disapproved.

(c) (1) (i) At a hearing to determine compliance with § 11-306(b)(2) of this subtitle, the Commissioner first shall determine whether a reasonable degree of competition exists within a market and shall issue a ruling to that effect.

(ii) All insurers that operate within a market that is subject to a determination by the Commissioner under this paragraph shall have the burden of establishing that a reasonable degree of competition exists within that market.

(iii) In determining the competitiveness of a market, the Commissioner shall consider all relevant factors including:

1. the number of insurers actively engaged in providing coverage in the market;

2. market shares;

3. changes in market shares; and

4. ease of entry.

(2) (i) If the Commissioner determines that a reasonable degree of competition does not exist in a market, each insurer designated by the Commissioner shall have the burden of justifying its rate in that market.

(ii) The Commissioner may require that an insurer file supporting data as provided under § 11-312 of this subtitle.

(3) The Commissioner shall make each determination on the basis of findings of fact and conclusions of law.

(4) If the Commissioner disapproves a rate:

(i) the disapproval may not take effect until at least 15 days after the date of the order of disapproval; and

(ii) unless the Commissioner approves a rate under subsection (d) or (e) of this section, the last previous rate in effect for the insurer shall be reimposed for a period of 1 year.

(d) During the 1-year period after the effective date of an order of disapproval, a rate adopted to replace a rate disapproved under the order may not be used until:

(1) the rate has been filed with the Commissioner; and

(2) the Commissioner has not disapproved the rate within 30 days after it was filed.

(e) (1) If an insurer does not have any legally effective rates as a result of the Commissioner’s disapproval of rates or other act, the Commissioner:

(i) on request of the insurer, shall specify interim rates for the insurer that are high enough to protect the interests of all parties; and

(ii) may order that a specified part of the premiums be placed in a special reserve established by the insurer.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, when new rates become legally effective, the Commissioner shall order the specially reserved funds or any overcharge in the interim rates to be distributed appropriately.

(ii) The Commissioner may not require refunds to policyholders if the refunds are minimal.
Md. Code, Commercial Law § 11-406 — MD Code / Article gcl / Title 11 / Subtitle 4 / Section 11-406
§11–406.
Status: in_force

This subtitle may be cited as the Maryland Sales Below Cost Act.
Md. Code, Transportation § 11-140.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-140.1
§11–140.
Status: in_force

§11–140.1.

(a) “Off–highway recreational vehicle” means a vehicle that is:

(1) A motor–assisted or motor–driven vehicle that:

(i) Is designed to carry only the operator of the vehicle on a seat or saddle designed to be straddled by the operator or is designed to carry only the operator of the vehicle and one passenger; and

(ii) Is commonly known as an all–terrain vehicle;

(2) A motor–assisted or motor–driven vehicle that:

(i) Travels on four or more tires;

(ii) Is intended for use by one or more persons;

(iii) Has the following features:

1. A steering wheel for steering control;

2. A roll–over protective structure;

3. An occupant retention system;

4. Nonstraddle seating;

5. A maximum speed capability exceeding 30 miles per hour;

6. An overall width of less than 80 inches, exclusive of accessories; and

7. An engine displacement of less than 1,000 cubic centimeters; and

(iv) Is commonly known as a side–by–side utility vehicle;

(3) A motorcycle that is designed for off–highway operation and is not eligible for registration as a Class D (motorcycle) vehicle under this article, commonly known as a dirt bike; or

(4) A snowmobile.

(b) “Off–highway recreational vehicle” does not include:

(1) A farm vehicle as defined in § 13–911 of this article when used exclusively on farm property by a farmer;

(2) Any vehicle when used on residential property for the purpose of landscaping, gardening, or lawn care; or

(3) An electric bicycle.

(c) The Administration may establish by regulation other requirements for or limitations on the definition of “off–highway recreational vehicle”.
Md. Code, Criminal Procedure § 11-606 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-606
§11–606.
Status: in_force

(a) The court may order that restitution be paid to:

(1) the victim;

(2) the Maryland Department of Health, the Criminal Injuries Compensation Board, or any other governmental unit;

(3) a third–party payor, including:

(i) an insurer; or

(ii) any other person that has, under Part I of this subtitle:

1. compensated the victim for a property or pecuniary loss; or

2. paid an expense on behalf of a victim;

(4) any person for whom restitution is authorized by law; or

(5) a person who has provided to or for a victim goods, property, or services for which restitution is authorized under § 11–603 of this subtitle.

(b) (1) Subject to paragraph (2) of this subsection and § 11–617(b) of this subtitle, payment of restitution to the victim has priority over any payments to any other person or governmental unit.

(2) If the victim has been fully compensated for the victim’s loss by a third–party payor, the court may issue a judgment of restitution that directs the restitution obligor to pay restitution to the third–party payor.
Md. Code, Real Property § 11A-105 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-105
§11A–105.
Status: in_force

In addition to the requirements of § 11A–103 of this title, with respect to a time–share estate, the time–share instrument shall describe arrangements for the management and operation of the time–share estate project and for the maintenance, repair, and furnishing of time–share units in the project, which shall include provisions for the following:

(1) Creation of an association;

(2) Assessment and collection of time–share expenses;

(3) Employment and termination of the managing entity for the time–share estate project. No agreement between the developer and the managing entity shall be longer than 2 years;

(4) Preparation and dissemination to time–share estate owners of an annual budget, operating statements, and other financial information concerning the time–share project;

(5) Adoption of standards and rules of conduct for the use, enjoyment, and occupancy of units by the time–share estate owners. Unless otherwise provided in a project instrument, a time–share estate owner’s right of access to the time–share estate project shall be limited to the time period in his time–share;

(6) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of, or in connection with, the use and enjoyment of units by time–share estate owners, their guests, and other users. The insurance required by this paragraph shall be in addition to the insurance required by § 11A–111 of this title. The developer shall pay the costs of securing and maintaining the insurance until the developer control period ends, after which time the costs will be paid by the association. Nothing herein shall be construed to obligate the developer to secure insurance on the conduct, personal effects, or property of the time–share estate owners, their guests, and other users;

(7) Compensation or alternate use periods to a time–share estate owner if his contracted–for unit cannot be made available for the period to which the owner is entitled by schedule or by confirmed reservation;

(8) Procedures for imposing a monetary penalty or suspension of a time–share estate owner’s rights and privileges in the time–share estate project for failure of such owner to comply with the provisions of the time–share instrument or the rules and regulations of the association. Under these procedures, a time–share estate owner must be given notice and the opportunity to refute the charges against him in person or in writing to the board of directors of the association before a decision to impose discipline is rendered; and

(9) Employment of attorneys, accountants, and other persons as necessary to assist in the management of the time–share estate project.
Md. Code, State Personnel and Pensions § 11-402 — MD Code / Article gsp / Title 11 / Subtitle 4 / Section 11-402
§11–402.
Status: in_force

Any resignation from a position in the skilled service or professional service is void if the resignation, whether dated or undated, is signed before the day of appointment to that position.
Md. Code, Real Property § 11-127 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-127
§11–127.
Status: in_force

(a) A contract for the initial sale of a unit to a member of the public may not be entered into until the public offering statement for the proposed condominium regime has been registered with the Secretary of State and until 10 days after all amendments then applicable to the public offering statement have been filed with the Secretary of State under subsection (d) of this section.

(b) (1) An application for registration shall consist of the public offering statement described in § 11-126 of this title. A developer shall file the number of copies required by the Secretary of State. The Secretary of State shall notify the governing body of the county and/or municipality in which the condominium is located of the filing of the application. An application shall be accompanied by a fee of not less than $100, in an amount equal to $5 per unit.

(2) A developer promptly shall file amendments to report any material change in any document or information contained in the application.

(c) (1) The Secretary of State shall acknowledge receipt of an application for registration within 5 business days after receiving it. The Secretary shall determine whether the application satisfies the disclosure requirements of § 11-126 of this title within 45 days after receipt.

(2) If the Secretary of State determines that the application complies with § 11-126 of this title, the Secretary shall issue promptly an order registering the condominium. Otherwise, unless the developer has consented in writing to a delay not to exceed 30 days, the Secretary shall issue promptly an order rejecting registration. The order shall include the specific reasons for the rejection. The Secretary’s failure to issue any order within 45 days of receipt or within the time period agreed upon shall be deemed an approval of the condominium. Rejection of an application for registration by the Secretary of State may not act as a bar to reapplication for registration. An application amended to comply with the stated reasons for rejection and accompanied by an additional fee as provided in subsection (b) of this section shall be approved by the Secretary of State upon his determination that the amended application satisfies the requirements of this section.

(d) (1) (i) A developer shall promptly file with the Secretary of State copies of any changes in the documents or information contained in the public offering statement which are necessary to make the documents or information current.

(ii) A public offering statement is current if the information required under § 11–126(b)(2), (4), (5), (6), and (12) of this title is updated and filed by the developer not less than annually.

(2) (i) A developer shall file a written statement with the council of unit owners describing the progress of construction, repairs, and all other work on the condominium, which the developer has completed or intends to complete in accordance with the public offering statement for the condominium.

(ii) This written statement shall be filed within 30 days after the anniversary date for registration of the public offering statement for the condominium and annually thereafter until the registration of the condominium is terminated.

(3) A developer shall notify the Secretary of State in writing when all of the units in the condominium have been conveyed to unit owners other than the developer, and the developer either cannot add additional units to the condominium or has determined that no additional units will be added to the condominium.

(4) If the developer notifies the Secretary of State that all of the units in the condominium have been conveyed to unit owners other than the developer, and that the developer either cannot add additional units to the condominium, or has determined that no additional units will be added to the condominium, the Secretary of State shall issue an order terminating the registration of the condominium.

(e) The Secretary of State shall be responsible for the administration of this section.

(1) The Secretary may adopt, amend, and repeal regulations necessary to carry out the requirements of the provisions of this section.

(2) The Secretary may prescribe forms and procedures for submitting applications.

(f) This section does not apply to the sale of any unit which is to be occupied and used for nonresidential purposes.
Md. Code, Corporations and Associations § 11-417 — MD Code / Article gca / Title 11 / Subtitle 4 / Section 11-417
§11–417.
Status: in_force

On notice and hearing as provided in § 11-416 of this subtitle, the Commissioner may fine any broker-dealer, agent, investment adviser, or investment adviser representative up to a maximum amount of $5,000 for any single violation of this title.
Md. Code, Correctional Services § 11-802 — MD Code / Article gcs / Title 11 / Subtitle 8 / Section 11-802
§11–802.
Status: in_force

(a) Subject to subsection (b) of this section, the managing official of a local correctional facility may designate correctional officers employed by the local correctional facility to have the power to make arrests as authorized by § 2–207(d) of the Criminal Procedure Article.

(b) Correctional officers designated by a managing official to make arrests as authorized under § 2–207(d) of the Criminal Procedure Article shall meet the minimum qualifications and satisfactorily complete the training required by the Maryland Police Training and Standards Commission.
Md. Code, Correctional Services § 11-402 — MD Code / Article gcs / Title 11 / Subtitle 4 / Section 11-402
§11–402.
Status: in_force

This subtitle does not apply to Frederick, Garrett, Harford, Howard, Washington, and Worcester counties.
Md. Code, Real Property § 11B-106 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-106
§11B–106.
Status: in_force

(a) A contract for the resale of a lot within a development, or for the initial sale of a lot within a development containing 12 or fewer lots, to a member of the public who intends to occupy or rent the lot for residential purposes, is not enforceable by the vendor unless:

(1) The purchaser is given, on or before entering into the contract for the sale of such lot, or within 20 calendar days of entering into the contract, the disclosures set forth in subsection (b) of this section;

(2) The purchaser is given any changes in mandatory fees and payments exceeding 10 percent of the amount previously stated to exist and any other substantial and material amendment to the disclosures after they become known to the vendor; and

(3) The contract of sale contains a notice in conspicuous type, which shall include bold and underscored type, in a form substantially the same as the following:

“This sale is subject to the requirements of the Maryland Homeowners Association Act (the “Act”). The Act requires that the seller disclose to you at or before the time the contract is entered into, or within 20 calendar days of entering into the contract, certain information concerning the development in which the lot you are purchasing is located. The content of the information to be disclosed is set forth in § 11B–106(b) of the Act (the “MHAA information”) as follows:

(The notice shall include at this point the text of § 11B–106(b) in its entirety).

If you have not received all of the MHAA information 5 calendar days or more before entering into the contract, you have 5 calendar days to cancel this contract after receiving all of the MHAA information. You must cancel the contract in writing, but you do not have to state a reason. The seller must also provide you with notice of any changes in mandatory fees exceeding 10% of the amount previously stated to exist and copies of any other substantial and material amendment to the information provided to you. You have 3 calendar days to cancel this contract after receiving notice of any changes in mandatory fees, or copies of any other substantial and material amendment to the MHAA information which adversely affects you. If you do cancel the contract you will be entitled to a refund of any deposit you made on account of the contract. However, unless you return the MHAA information to the seller when you cancel the contract, the seller may keep out of your deposit the cost of reproducing the MHAA information, or $100, whichever amount is less.

By purchasing a lot within this development, you will automatically be subject to various rights, responsibilities, and obligations, including the obligation to pay certain assessments to the homeowners association within the development. The lot you are purchasing may have restrictions on:

(1) Architectural changes, design, color, landscaping, or appearance;

(2) Occupancy density;

(3) Kind, number, or use of vehicles;

(4) Renting, leasing, mortgaging, or conveying property;

(5) Commercial activity; or

(6) Other matters.

You should review the MHAA information carefully to ascertain your rights, responsibilities, and obligations within the development.”

(b) The vendor shall provide the purchaser the following information in writing:

(1) A statement as to whether the lot is located within a development;

(2) (i) The current monthly fees or assessments imposed by the homeowners association upon the lot;

(ii) The total amount of fees, assessments, and other charges imposed by the homeowners association upon the lot during the prior fiscal year of the homeowners association; and

(iii) A statement of whether any of the fees, assessments, or other charges against the lot are delinquent;

(3) The name, address, and telephone number of the management agent of the homeowners association, or other officer or agent authorized by the homeowners association to provide to members of the public, information regarding the homeowners association and the development, or a statement that no agent or officer is presently so authorized by the homeowners association;

(4) A statement as to whether the owner has actual knowledge of:

(i) The existence of any unsatisfied judgments or pending lawsuits against the homeowners association; and

(ii) Any pending claims, covenant violations actions, or notices of default against the lot; and

(5) A copy of:

(i) The articles of incorporation, the declaration, and all recorded covenants and restrictions of the primary development, and of other related developments to the extent reasonably available, to which the purchaser shall become obligated on becoming an owner of the lot, including a statement that these obligations are enforceable against an owner’s tenants, if applicable; and

(ii) The bylaws and rules of the primary development, and of other related developments to the extent reasonably available, to which the purchaser shall become obligated on becoming an owner of the lot, including a statement that these obligations are enforceable against an owner and the owner’s tenants, if applicable.

(c) (1) Except as provided in paragraph (4) of this subsection, within 20 days after a written request by a lot owner other than a declarant and receipt of a reasonable fee, not to exceed the cost to the homeowners association, if any, up to a maximum of $250, the homeowners association, the management agent of the homeowners association, or any other authorized officer or agent of the homeowners association, shall provide the information listed under subsection (b) of this section.

(2) In addition to the fee under paragraph (1) of this subsection, the homeowners association is entitled to a reasonable fee not to exceed $50 for an inspection of the lot owner’s lot if the inspection is required by the governing documents of the homeowners association.

(3) In addition to the fees under paragraphs (1) and (2) of this subsection, the homeowners association is entitled to a reasonable fee:

(i) Not to exceed $50 for delivery of the information within 14 days after the request for the information; and

(ii) Not to exceed $100 for delivery of the information within 7 days after the request for the information.

(4) (i) The Department of Housing and Community Development shall adjust the maximum fee authorized under paragraph (1) of this subsection every 2 years, beginning on October 1, 2018, to reflect any aggregate increase in the Consumer Price Index for All Urban Consumers (CPI–U) for the Washington Metropolitan Area, or any successor index, for the previous 2 years.

(ii) The Department of Housing and Community Development shall maintain on its website a list of the maximum fees authorized under paragraph (1) of this subsection as adjusted every 2 years in accordance with subparagraph (i) of this paragraph.

(d) (1) Within 30 calendar days of any resale transfer of a lot within a development, the transferor shall notify the homeowners association for the primary development of the transfer.

(2) The notification shall include, to the extent reasonably available, the name and address of the transferee, the name and forwarding address of the transferor, the date of transfer, the name and address of any mortgagee, and the proportionate amount of any outstanding homeowners association fee or assessment assumed by each of the parties to the transaction.

(e) The requirements of subsection (b) of this section shall be deemed to have been fulfilled if the information required to be disclosed is provided to the purchaser in writing in a clear and concise manner. The disclosures may be summarized or produced in any collection of documents, including plats, the declaration, or the organizational documents of the homeowners association, provided those documents effectively convey the required information to the purchaser.

(f) In satisfying the requirements of subsection (b) of this section, the vendor shall be entitled to rely upon the disclosures contained in the depository after June 30, 1989.

(g) The provisions of subsections (a), (b), (e), and (f) of this section do not apply to the sale of a lot in an action to foreclose a mortgage or deed of trust.
Md. Code, Business Regulation § 11-515 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-515
§11–515.
Status: in_force

(a) Except as provided in § 11-516 of this subtitle, the takeout that a licensee deducts from the handle of a race shall be allocated in accordance with this section.

(b) A licensee shall:

(1) keep 50% of the breakage;

(2) allocate 45% of the breakage for purses; and

(3) allocate 5% of the breakage to the Maryland-Bred Race Fund.

(c) From the amount that a licensee deducts from each regular mutuel pool, the licensee shall:

(1) keep 7.70% of each regular mutuel pool, from which the licensee shall pay 0.25% of each regular mutuel pool to the Maryland Race Track Employees Pension Fund;

(2) allocate 0.32% of each regular mutuel pool to the Commission for State tax;

(3) allocate 1.10% of each regular mutuel pool to the Maryland-Bred Race Fund;

(4) allocate 7.70% of each regular mutuel pool for purses;

(5) allocate 0.18% of each regular mutuel pool as an additional amount for purses; and

(6) allocate 1% of each regular mutuel pool paid to the Maryland Million, Ltd., for purses of Maryland Million races.

(d) From the amount that a licensee deducts from each multiple mutuel pool on 2 horses, the licensee shall:

(1) keep 8.70% of each multiple mutuel pool, from which the licensee shall pay 0.25% of each multiple mutuel pool to the Maryland Race Track Employees Pension Fund;

(2) allocate 0.32% of each multiple mutuel pool to the Commission for State tax;

(3) allocate 1.10% of each multiple mutuel pool to the Maryland-Bred Race Fund;

(4) allocate 8.70% of each multiple mutuel pool for purses;

(5) allocate 0.18% of each multiple mutuel pool as an additional amount for purses; and

(6) allocate 2% of each multiple mutuel pool paid to the Maryland Million, Ltd., for purses of Maryland Million races.

(e) From the amount that a licensee deducts from each multiple mutuel pool on 3 or more horses, the licensee shall:

(1) keep 11.70% of each multiple mutuel pool, from which the licensee shall pay 0.25% of each multiple mutuel pool to the Maryland Race Track Employees Pension Fund;

(2) allocate 0.32% of each multiple mutuel pool to the Commission for State tax;

(3) allocate 1.10% of each multiple mutuel pool to the Maryland-Bred Race Fund;

(4) allocate 11.70% of each multiple mutuel pool for purses;

(5) allocate 0.18% of each multiple mutuel pool as an additional amount for purses; and

(6) allocate 0.75% of each multiple mutuel pool paid to the Maryland Million, Ltd., for purses of Maryland Million races.
Md. Code, Correctional Services § 11-407 — MD Code / Article gcs / Title 11 / Subtitle 4 / Section 11-407
§11–407.
Status: in_force

(a) The governing body shall determine if an incarcerated individual shall be compensated for work performed by the incarcerated individual.

(b) If a governing body determines that an incarcerated individual shall be compensated as provided in subsection (a) of this section, the governing body shall determine whether the incarcerated individual’s compensation shall be:

(1) paid to the incarcerated individual during the incarcerated individual’s term of confinement;

(2) withheld until the incarcerated individual’s term of confinement expires; or

(3) paid periodically to an incarcerated individual’s dependent family.
Md. Code, Insurance § 11-602 — MD Code / Article gin / Title 11 / Subtitle 6 / Section 11-602
§11–602.
Status: in_force

This subtitle applies to a carrier that issues or delivers a health benefit plan in the State.
Md. Code, Insurance § 11-324 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-324
§11–324.
Status: in_force

On or before August 15 of each year, the Commissioner shall:

(1) prepare a list of insurers that are major insurers;

(2) compute each insurer’s market share in the State in the preceding calendar year;

(3) notify in writing each insurer that has been designated as a major insurer; and

(4) compute each insurer’s market share in Baltimore City.
Md. Code, Agriculture § 11-204.7 — MD Code / Article gag / Title 11 / Subtitle 2 / Section 11-204.7
§11–204.
Status: in_force

§11–204.7.

The Secretary may set reasonable fees for registering each weight and measure used for commercial purposes under this subtitle.
Md. Code, Correctional Services § 11-1109 — MD Code / Article gcs / Title 11 / Subtitle 11 / Section 11-1109
§11–1109.
Status: in_force

On written request to the Sheriff, a correctional officer may have expunged from any file the record of a formal complaint made against the correctional officer if:

(1) the investigation or hearing resulted in a finding of nonsustained or unfounded; or

(2) the correctional officer was exonerated and at least 3 years have passed since the final disposition by the Sheriff’s Office or hearing board.
Md. Code, Economic Development § 11-307 — MD Code / Article gec / Title 11 / Subtitle 3 / Section 11-307
§11–307.
Status: in_force

From among its members, the Board shall elect a chair, a vice chair, and a treasurer.
Md. Code, State Personnel and Pensions § 11-104 — MD Code / Article gsp / Title 11 / Subtitle 1 / Section 11-104
§11–104.
Status: in_force

An appointing authority may take the following disciplinary actions against any employee:

(1) give the employee a written reprimand;

(2) direct the forfeiture of up to 15 work days of the employee’s accrued annual leave;

(3) suspend the employee without pay;

(4) deny the employee an annual pay increase;

(5) demote the employee to a lower pay grade; or

(6) with prior approval of the head of the principal unit:

(i) terminate the employee’s employment, without prejudice; or

(ii) if the appointing authority finds that the employee’s actions are egregious to the extent that the employee does not merit employment in any capacity with the State, terminate the employee’s employment, with prejudice.
Md. Code, Business Regulation § 11-206 — MD Code / Article gbr / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

(a) With the approval of the Commission and, except as otherwise provided by law, subject to the provisions of the State Personnel and Pensions Article, the executive director shall appoint a staff of the Commission.

(b) (1) The Commission may employ 4 stewards and 4 harness judges.

(2) The stewards and harness judges shall be recommended by the executive director.

(3) Each licensee and organization that represents owners and trainers may recommend individuals to the Commission and executive director for appointment as stewards or harness judges.

(4) The stewards and harness judges are special appointments of the skilled service or the professional service in the State Personnel Management System.

(c) Each member of the staff of the Commission, steward, and harness judge is entitled to:

(1) compensation in accordance with the State budget; and

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

(d) An individual who holds a position under the Commission may not hold an official relation to a licensee or hold any stocks, bonds, or other financial interest in a licensee.
Md. Code, Courts and Judicial Proceedings § 11-402 — MD Code / Article gcj / Title 11 / Subtitle 4 / Section 11-402
§11–402.
Status: in_force

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

(2) “Land” means real property or any interest in or appurtenant to real property.

(3) “Medical debt” has the meaning stated in § 14–203.1 of the Real Property Article.

(b) (1) A complaint seeking a money judgment shall indicate whether the judgment sought is for medical debt.

(2) A complaint seeking a money judgment for medical debt shall include the address of the primary residence of the defendant.

(c) If indexed and recorded as prescribed by the Maryland Rules, a money judgment of a court constitutes a lien to the amount and from the date of the judgment on the judgment debtor’s interest in land located in the county in which the judgment was rendered except:

(1) For a lease from year to year or for a term of not more than five years and not renewable; and

(2) As provided in § 14–203.1 of the Real Property Article.

(d) If indexed and recorded as prescribed by the Maryland Rules, a money judgment constitutes a lien on the judgment debtor’s interest in land located in a county other than the county in which the judgment was originally entered, except:

(1) For a lease from year to year or for a term not more than five years and not renewable; and

(2) As provided in § 14–203.1 of the Real Property Article.

(e) Promptly after the entry of an order of satisfaction or the filing of a written statement by a judgment creditor with the clerk of the court that a judgment of a court has been satisfied, the clerk of the court shall make an entry of the word “satisfied” on the horizontal line in the judgment record where the lien is indexed.
Md. Code, Alcoholic Beverages and Cannabis § 11-1002.1 — MD Code / Article gab / Title 11 / Subtitle 10 / Section 11-1002.1
§11–1002.
Status: in_force

§11–1002.1.

(a) In this section, “commercial bingo”:

(1) means any bingo game authorized by law in the county for which any type of consideration is paid or collected in order to play the game; and

(2) does not include bingo conducted by charitable or nonprofit organizations in accordance with Title 13, Subtitle 4 of the Criminal Law Article.

(b) There is a commercial bingo license.

(c) The Board may issue the license to the owner of a licensed commercial bingo establishment.

(d) The license authorizes the license holder to sell beer, wine, and liquor from any location in the commercial bingo establishment for on–premises consumption anywhere in the establishment.

(e) Beer, wine, and liquor purchased under the license may be carried and consumed anywhere in the commercial bingo establishment.

(f) (1) The license holder may sell alcoholic beverages Monday through Sunday during normal business hours, but not later than 2 a.m.

(2) The license holder need not obtain a Sunday license under § 11–2004 of this title to sell alcoholic beverages on Sunday.

(g) The annual license fee is $2,500.
Md. Code, Criminal Procedure § 11-723 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-723
§11–723.
Status: in_force

(a) Except where a term of natural life without the possibility of parole is imposed, a sentence for the following persons shall include a term of lifetime sexual offender supervision:

(1) a person who is a sexually violent predator;

(2) a person who has been convicted of a violation of:

(i) § 3–303 or § 3–304 of the Criminal Law Article; or

(ii) § 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017, if the person was an adult at the time of the offense;

(3) a person who has been convicted of a violation of § 3–309 or § 3–310 of the Criminal Law Article, § 3–311 of the Criminal Law Article as the section existed before October 1, 2017, or, if the person was an adult at the time of the offense, an attempt to commit a violation of § 3–306 of the Criminal Law Article as the section existed before October 1, 2017;

(4) a person who has been convicted of a violation of § 3–602 of the Criminal Law Article:

(i) that was committed when the person was an adult against a child under the age of 13 years; or

(ii) that was committed when the person was at least 21 years old against a child under the age of 16 years;

(5) a person who is required to register under § 11–704(c) of this subtitle; and

(6) a person who has been convicted more than once arising out of separate incidents of a crime that requires registration under this subtitle.

(b) Except where a term of natural life without the possibility of parole is imposed, a sentence for a violation of § 3–307(a)(1) or (2) of the Criminal Law Article may include a term of lifetime sexual offender supervision.

(c) (1) Except as provided in paragraph (2) of this subsection, the term of lifetime sexual offender supervision imposed on a person for a crime committed on or after October 1, 2010, shall:

(i) be a term of life; and

(ii) commence on the expiration of the later of any term of imprisonment, probation, parole, or mandatory supervision.

(2) For a person who is required to register under § 11–704(c) of this subtitle, the term of lifetime sexual offender supervision imposed for an act committed on or after October 1, 2010, shall:

(i) commence when the person’s obligation to register commences; and

(ii) expire when the person’s obligation to register expires, unless the juvenile court:

1. finds after a hearing that there is a compelling reason for the supervision to continue; and

2. orders the supervision to continue for a specified period of time.

(d) (1) For a sentence that includes a term of lifetime sexual offender supervision, the sentencing court, or juvenile court in the case of a person who is required to register under § 11–704(c) of this subtitle, shall impose special conditions of lifetime sexual offender supervision on the person at the time of sentencing, or imposition of the registration requirement in juvenile court, and advise the person of the length, conditions, and consecutive nature of that supervision.

(2) Before imposing special conditions, the sentencing court or juvenile court shall order:

(i) a presentence investigation in accordance with § 6–112 of the Correctional Services Article; and

(ii) for a sentence for a violation of § 3–307(a)(1) or (2) of the Criminal Law Article, a risk assessment of the person conducted by a sexual offender treatment provider.

(3) The conditions of lifetime sexual offender supervision may include:

(i) monitoring through global positioning satellite tracking or equivalent technology;

(ii) where appropriate and feasible, restricting a person from living in proximity to or loitering near schools, family child care homes, child care centers, and other places used primarily by minors;

(iii) restricting a person from obtaining employment or from participating in an activity that would bring the person into contact with minors;

(iv) requiring a person to participate in a sexual offender treatment program;

(v) prohibiting a person from using illicit drugs or alcohol;

(vi) authorizing a parole and probation agent to access the person’s personal computer to check for material relating to sexual relations with minors;

(vii) requiring a person to take regular polygraph examinations;

(viii) prohibiting a person from contacting specific individuals or categories of individuals; and

(ix) any other conditions deemed appropriate by the sentencing court or juvenile court.

(4) The sentencing court or juvenile court may adjust the special conditions of lifetime sexual offender supervision, in consultation with the person’s sexual offender management team.
Md. Code, Education § 11-102 — MD Code / Article ged / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: reserved

(a) The Commission consists of 12 members appointed by the Governor with the advice and consent of the Senate.

(b) (1) One member of the Commission shall be:

(i) A regularly enrolled student in good standing at a Maryland institution of higher education to which the Commission has issued a certificate of approval under this title or that may operate without a certificate of approval under § 11–202.1 of this title; and

(ii) A resident of Maryland.

(2) To the extent possible, the position of student member shall be rotated among all segments of higher education on an equal basis.

(3) The student member may not be the Chairperson of the Student Advisory Council.

(c) (1) In making appointments to the Commission, the Governor shall consider representation from all parts of the State.

(2) Except as provided in subsection (b) of this section, the members of the Commission shall be residents of the State and shall be appointed from the general public.

(d) (1) (i) Except for the student member, each member of the Commission serves for a term of 5 years and until a successor is appointed and qualifies.

(ii) The student member serves for a term of 1 year, beginning July 1 and ending June 30, and until a successor is appointed and qualifies.

(2) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.

(e) Except for the student member, a member may be reappointed but may not serve more than 2 consecutive full terms.

(f) Each member of the Commission:

(1) Serves without compensation; and

(2) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

(g) During a term of service on the Commission, a member may not be employed, except for the student member as a part-time student employee, by any agency or institution of postsecondary education or be a member of the governing board of any agency or institution of postsecondary education that is subject to the jurisdiction of the Commission.
Md. Code, Criminal Procedure § 11-622 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-622
§11–622.
Status: in_force

A person who makes a notoriety of crimes contract with a defendant or a representative or assignee of that defendant shall:

(1) submit to the Attorney General a copy of all written terms and a summary of all oral terms of the notoriety of crimes contract; and

(2) pay over to the Attorney General any money or other consideration not subject to a judgment of restitution under § 11-603 of this subtitle that by the terms of the notoriety of crimes contract otherwise would be owed to the defendant or a representative or assignee of the defendant.
Md. Code, Criminal Law § 11-304 — MD Code / Article gcr / Title 11 / Subtitle 3 / Section 11-304
§11–304.
Status: in_force

(a) A person may not receive or acquire money or proceeds from the earnings of a person engaged in prostitution with the intent to:

(1) promote a crime under this subtitle;

(2) profit from a crime under this subtitle; or

(3) conceal or disguise the nature, location, source, ownership, or control of money or proceeds of a crime under this subtitle.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Md. Code, Insurance § 11-408 — MD Code / Article gin / Title 11 / Subtitle 4 / Section 11-408
§11–408.
Status: in_force

A person may not knowingly give false or misleading information to the Commissioner, an insurer, or another person if the information will affect the proper determination of rates or premiums or the proper issuance of a contract, policy, or guarantee of insurance.
Md. Code, Real Property § 11B-112.4 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-112.4
§11B–112.
Status: in_force

§11B–112.4.

A homeowners association in Prince George’s County shall register with the Community Association Registry and pay any fees as required under § 14–131 of this article.
Md. Code, Education § 11-1403 — MD Code / Article ged / Title 11 / Subtitle 14 / Section 11-1403
§11–1403.
Status: in_force

Each Program shall provide students with the training necessary to achieve the following CompTIA certifications:

(1) CompTIA A+;

(2) CompTIA Network+; and

(3) CompTIA Security+.
Md. Code, Alcoholic Beverages and Cannabis § 11-2006 — MD Code / Article gab / Title 11 / Subtitle 20 / Section 11-2006
§11–2006.
Status: in_force

A holder of an on–sale license may not be required to close the licensed premises at any time on January 1.
Md. Code, Health Occupations § 11-404.4 — MD Code / Article gho / Title 11 / Subtitle 4 / Section 11-404.4
§11–404.
Status: reserved

§11–404.4.

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

(2) “Replacement contact lens prescription” means a prescription prepared by a licensed optometrist containing the information specified in this section and written expressly for the purpose of providing lenses which have already been properly fitted.

(3) “Immediate follow-up care” is that period of contact lens fitting time required to reach a contact lens prescription that is appropriate to the documented clinical needs of the patient.

(b) A licensed optometrist shall ensure that each replacement contact lens prescription that the licensed optometrist prescribes for contact lenses:

(1) Contains all the information necessary for the replacement contact lens prescription to be properly dispensed, including but not limited to the:

(i) Lens manufacturer;

(ii) Type of lens;

(iii) Power of the lens, including plano or zero-powered contact lenses;

(iv) Base curve;

(v) Lens size;

(vi) Name of the patient;

(vii) Date the prescription was given to the patient;

(viii) Name and office location of the licensed optometrist who writes the replacement contact lens prescription; and

(ix) Expiration date of the replacement contact lens prescription; and

(2) Is reduced to writing and placed in the patient’s permanent file.

(c) (1) (i) After a licensed optometrist releases the patient from immediate follow-up care, the patient may request the replacement contact lens prescription from the licensed optometrist.

(ii) If, after examination, the patient’s prescription has not changed since the last examination, a licensed optometrist shall comply with the provisions of paragraph (2) of this subsection without requiring the patient to purchase contact lenses or to undergo immediate follow-up care.

(2) (i) Upon the request of a patient of a licensed optometrist, and without cost to the patient, the licensed optometrist shall provide the patient’s replacement contact lens prescription to the patient or the patient’s designee.

(ii) In responding to a request under paragraph (1)(i) of this subsection, a licensed optometrist shall transmit the contact lens prescription by mail, telephone, facsimile, e-mail, or any other means of communication that will, under normal circumstances, result in the designee receiving the information within 7 business days after the patient’s request.

(iii) The replacement contact lens prescription that the licensed optometrist provides the patient under subparagraph (i) of this paragraph:

1. Shall contain the information necessary for the proper duplication of the current prescription of the patient;

2. Shall contain, subject to the provisions of subsection (d) of this section, an expiration date for the replacement contact lens prescription of not more than 24 months from the time the patient was first examined; and

3. May contain wearing guidelines or specific instructions for use of the contact lenses by the patient, or both.

(d) The licensed optometrist shall enter into the patient’s medical record the valid clinical reasons for a shorter expiration date and shall provide the patient with a written and oral explanation of the clinical reasons for a shorter expiration date.

(e) When a patient’s prescription is dispensed by a person other than the licensed optometrist or a person associated directly or indirectly with the licensed optometrist, the licensed optometrist is not liable for any injury to or condition of a patient caused solely by the negligence of the dispenser.

(f) A licensed optometrist who releases a replacement contact lens prescription to a patient may provide the patient with a written statement that wearing improperly fitted contact lenses may cause harm to the patient’s eyes and that the patient should have an eye examination if there are any changes in the patient’s vision, including pain or vision loss.

(g) (1) A licensed optometrist who fills or provides a contact lens prescription shall maintain a record of that prescription in accordance with § 4-403 of the Health - General Article.

(2) A person other than a licensed optometrist who fills a contact lens prescription shall maintain a record of that prescription for 5 years.

(h) The Board may impose a civil fine of no more than $1,000 on a licensed optometrist who fails to provide a replacement contact lens prescription or who knowingly dispenses contact lenses without a valid and unexpired replacement contact lens prescription, or who otherwise fails to comply with this title.
Md. Code, State Government § 11-507 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-507
§11–507.
Status: in_force

(a) The local government may approve or disapprove the request for a joint hearing with respect to any or all of the State units.

(b) (1) Within 20 days after receiving a request for a joint hearing, the local government shall give written notice of its decision to the applicant and the Coordinator.

(2) The Coordinator shall notify each State unit that the decision of the local government affects.

(c) If the local government disapproves the request with respect to all of the State units, the local government shall proceed separately to consider the application for the local development permit.
Md. Code, Labor and Employment § 11-605 — MD Code / Article gle / Title 11 / Subtitle 6 / Section 11-605
§11–605.
Status: in_force

(a) The Department shall develop a list of any federal or State incentive programs available to an employer who hires and trains formerly incarcerated individuals.

(b) The Department shall make the list accessible on the main page of the Department’s website.
Md. Code, Correctional Services § 11-703 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-703
§11–703.
Status: in_force

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

(2) “Administrator” means the Administrator of the county’s local correctional facilities.

(3) “Participant” means an individual who participates in a program under this section.

(4) “Program” means, unless the context requires otherwise, a rehabilitation, home detention, pretrial release, or work program established and conducted under this section.

(b) This section applies only in Anne Arundel County.

(c) (1) If a provision of this section is inconsistent with another provision in the Code, the provision of this section controls.

(2) The privileges and penalties set forth in subsection (e)(1)(v) and (vi) of this section are the exclusive privileges and penalties that relate to the length of sentence of a participant in a program.

(3) While released from confinement under the terms of a program, a participant is not an agent, employee, or servant of the county.

(d) (1) The Administrator shall:

(i) establish and administer a home detention program; and

(ii) adopt regulations for the program.

(2) (i) When an individual who is convicted of a crime is sentenced or at any time during the individual’s confinement as an incarcerated individual, a judge may allow the individual to participate in the home detention program.

(ii) In addition to participation at the recommendation of a judge under subparagraph (i) of this paragraph, the Administrator may place the incarcerated individual in the home detention program unless the court has ordered otherwise.

(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:

(i) is recommended for the program by a judge or placed in the program by the Administrator under paragraph (2) of this subsection; and

(ii) has no other charges pending in any jurisdiction.

(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:

(i) is serving a sentence for a crime of violence; or

(ii) has been found guilty of the crime of:

1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or

2. escape under § 9–404 of the Criminal Law Article.

(5) While participating in the home detention program, an incarcerated individual is responsible for:

(i) the costs of the incarcerated individual’s medical care and related expenses; and

(ii) the costs of the incarcerated individual’s lodging, food, clothing, transportation, restitution, and taxes.

(6) The Administrator may:

(i) collect a reasonable fee from each incarcerated individual participating in the home detention program; or

(ii) waive or reduce the fee.

(7) The Administrator may determine the maximum number of participants in the home detention program.

(8) An incarcerated individual who knowingly violates a term or condition of the home detention program is subject to:

(i) the penalties provided under § 11–726 of this subtitle; and

(ii) any other disciplinary action authorized under law.

(e) (1) The Administrator may:

(i) establish, for the rehabilitation and training of an incarcerated individual who is sentenced to imprisonment in a local correctional facility, a program that enables the incarcerated individual to:

1. attend a vocational or educational institution;

2. work at gainful, private employment; or

3. participate in any other training or rehabilitation program;

(ii) establish eligibility criteria for participation in a program;

(iii) release an eligible incarcerated individual from actual confinement to participate in a program;

(iv) establish any other training or rehabilitation program;

(v) reduce a participant’s sentence 1 day for each day that the participant:

1. performs with exceptional industry, application, and skill any industrial, agricultural, or administrative task assigned to the participant; or

2. performs with satisfactory industry, application, and progress in the program to which the participant is assigned; and

(vi) after an administrative hearing, cancel any earned diminution of an incarcerated individual’s term of confinement if the incarcerated individual violates a regulation adopted under this section.

(2) (i) The Administrator shall adopt regulations to conduct each program.

(ii) In adopting the regulations, the Administrator shall consider the safety of the public and the security of a local correctional facility.

(iii) Except as provided in subsection (g)(2) of this section, if a condition of the sentence imposed by a court on an incarcerated individual is inconsistent with a regulation adopted under this subsection, the condition imposed by the court controls as to that incarcerated individual.

(3) While not released from confinement under the terms of a program, each participant shall be confined in a local correctional facility.

(4) (i) The Administrator or Administrator’s designee shall collect each participant’s total earnings, less payroll deductions.

(ii) From the participant’s earnings, the Administrator or designee shall pay:

1. voluntary or court–ordered payments for support of a dependent; and

2. court–ordered payments for restitution.

(iii) The Administrator may:

1. deduct a reasonable fee from the earnings of each incarcerated individual participating in the program; or

2. waive or reduce the fee.

(iv) The Administrator or designee shall:

1. credit to the participant’s account any remaining balance; and

2. dispose of the balance as requested by the participant and as approved by the Administrator.

(5) A participant who knowingly violates a regulation adopted under this section:

(i) is subject to removal from the program;

(ii) after an administrative hearing, is subject to cancellation of any earned diminution of the incarcerated individual’s term of confinement; and

(iii) is subject to the provisions of § 11–726 of this subtitle.

(f) (1) The Administrator may:

(i) establish a pretrial release program that offers alternatives to pretrial detention; and

(ii) adopt regulations to carry out the program.

(2) A court may order an individual to participate in the pretrial release program if the individual appears before the court after being charged and detained on bond.

(3) The court may enter the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.

(g) (1) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge or the Administrator may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in a program established under subsection (e) of this section, provided that the individual meets the eligibility criteria established by the Administrator for participation in that program.

(2) Subject to the eligibility criteria established by the Administrator, a judge may order that an individual participate in a program established under subsection (e) of this section.

(3) The Administrator may not allow an individual to participate in a program established under subsection (e) of this section if a court order prohibits the individual from participating in that program.

(h) (1) A court may require an individual who is convicted of a crime to satisfy a fine or court costs by participating in a work program established under the jurisdiction of the Division of Parole and Probation.

(2) An individual who participates in the work program shall receive credit of at least the federal minimum wage per hour toward the fine and court costs.

(i) If the Administrator establishes and operates a community service program authorized by §§ 8–701 through 8–711 of this article, the Administrator may charge a reasonable fee to each individual participating in the program.
Md. Code, Labor and Employment § 11-1702 — MD Code / Article gle / Title 11 / Subtitle 17 / Section 11-1702
§11–1702.
Status: in_force

(a) There is a Cyber Maryland Program in the Department.

(b) The purposes of the Program are to:

(1) create and execute a talent pipeline that materially reduces workforce vacancies by July 1, 2026;

(2) serve as a one–stop shop for employers seeking to leverage cyber workforce development programs offered by the State and its partners;

(3) inform cybersecurity training and education programs operated by public or private entities with industry–driven needs;

(4) build the most advanced local and State information technology workforce in the nation, which, to the maximum extent possible, reflects the racial, gender, ethnic, and geographic diversity of the State;

(5) coordinate and accelerate cybersecurity research and innovation in the State; and

(6) support the efforts of the Department of Information Technology to improve the State government’s cybersecurity posture, including State agencies, local government units, and critical infrastructure.

(c) The Program shall:

(1) conduct ongoing research by collaborating with the Cybersecurity Association, Inc., Cybersecurity Talent Advisory Board to collect and analyze real–time industry data to identify cybersecurity workforce needs as described in the U.S. Chamber of Commerce Talent Pipeline Management Approach;

(2) use the results of the research described in item (1) of this subsection to increase the effectiveness of existing State cybersecurity workforce programs for employers in the State;

(3) facilitate partnerships for new training and education programs to address the workforce needs identified under item (1) of this subsection;

(4) develop a statewide strategic plan for cybersecurity workforce development, using the results of the research described in item (1) of this subsection and with input from the Cybersecurity Association, Inc., Cybersecurity Talent Advisory Board on or before December 1, 2023;

(5) develop, promote, support, and invest in talent improvement strategies, such as strategies that leverage the U.S. Chamber of Commerce Talent Pipeline Management Approach; and

(6) ensure that outcomes of the Program are inclusive and, to the maximum extent practicable, reflect the racial, gender, ethnic, and geographic diversity of the State.

(d) Beginning in fiscal year 2026, the Program, in consultation with the Board, shall award competitive grants or contracts to enhance cybersecurity workforce development, including cybersecurity for operational technology.
Md. Code, Tax - Property § 11-102 — MD Code / Article gtp / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

(a) The Department may require a person to submit to the Department a report on personal property that contains the information listed in subsection (b) of this section, if the person:

(1) moves personal property to any county or municipal corporation from the county or municipal corporation where it was assessed;

(2) moves personal property from outside this State to a county or municipal corporation inside this State; or

(3) possesses, cares for, or manages any personal property that:

(i) is not assessed; or

(ii) the Department suspects is not assessed.

(b) The report on personal property shall contain:

(1) a list of:

(i) all personal property assessable by the Department; and

(ii) all personal property assessable but not previously assessed by the Department that the person possesses, cares for, or manages; and

(2) the name of each person who owns an item of the personal property.
Md. Code, Real Property § 11B-106.1 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-106.1
§11B–106.
Status: in_force

§11B–106.1.

(a) A meeting of the members of the homeowners association to elect a governing body of the homeowners association shall be held within:

(1) 60 days from the date that at least 75% of the total number of lots that may be part of the development after all phases are complete are sold to members of the public for residential purposes; or

(2) If a lesser percentage is specified in the governing documents of the homeowners association, 60 days from the date the specified lesser percentage of the total number of lots in the development after all phases are complete are sold to members of the public for residential purposes.

(b) (1) Before the date of the meeting held under subsection (a) of this section, the declarant shall deliver to each lot owner notice that the requirements of subsection (a) of this section have been met.

(2) The notice shall include the date, time, and place of the meeting to elect the governing body of the homeowners association.

(c) The term of each member of the governing body of the homeowners association appointed by the declarant shall end 10 days after the meeting under subsection (a) of this section is held, if a replacement board member is elected.

(d) Within 30 days from the date of the meeting held under subsection (a) of this section, the declarant shall deliver the following items to the governing body at the declarant’s expense:

(1) The deeds to the common areas;

(2) Copies of the homeowners association’s filed articles of incorporation, declaration, and all recorded covenants, plats, restrictions, and any other records of the primary development and of related developments;

(3) A copy of the bylaws and rules of the primary development and of other related developments as filed in the depository of the county in which the development is located;

(4) The minute books, including all minutes;

(5) Subject to the restrictions of § 11B–112 of this title, all books and records of the homeowners association, including financial statements, minutes of any meeting of the governing body, and completed business transactions;

(6) Any policies, rules, and regulations adopted by the governing body;

(7) The financial records of the homeowners association from the date of creation to the date of transfer of control, including budget information regarding estimated and actual expenditures by the homeowners association and any report relating to the reserves required for major repairs and replacement of the common areas of the homeowners association;

(8) A copy of all contracts to which the homeowners association is a party;

(9) The name, address, and telephone number of any contractor or subcontractor employed by the homeowners association;

(10) Any insurance policies in effect;

(11) Any permit or notice of code violations issued to the homeowners association by the county, local, State, or federal government;

(12) Any warranty in effect and all prior insurance policies;

(13) The homeowners association funds, including operating funds, replacement reserves, investment accounts, and working capital;

(14) The tangible property of the homeowners association;

(15) A roster of current lot owners, including their mailing addresses, telephone numbers, and lot numbers, if known;

(16) Individual member files and records, including assessment account records, correspondence, and notices of any violations; and

(17) Drawings, architectural plans, or other suitable documents setting forth the necessary information for location, maintenance, and repairs of all common areas.

(e) The replacement reserves delivered under subsection (d)(13) of this section shall be equal to at least the reserve funding amount recommended in the reserve study completed under § 11B–112.3 of this title as of the date of the meeting.

(f) (1) This subsection does not apply to a contract entered into before October 1, 2009.

(2) (i) In this subsection, “contract” means an agreement with a company or individual to handle financial matters, maintenance, or services for the homeowners association.

(ii) “Contract” does not include an agreement relating to the provision of utility services or communication systems.

(3) Until all members of the governing body are elected by the lot owners at a transitional meeting under subsection (a) of this section, a contract entered into by the governing body may be terminated, at the discretion of the governing body and without liability for the termination, not later than 30 days after notice.

(g) If the declarant fails to comply with the requirements of this section, an aggrieved lot owner may submit the dispute to the Division of Consumer Protection of the Office of the Attorney General under § 11B–115(c) of this title.
Md. Code, Courts and Judicial Proceedings § 11-806 — MD Code / Article gcj / Title 11 / Subtitle 8 / Section 11-806
§11–806.
Status: in_force

This subtitle shall be interpreted and construed to achieve its general purpose to make the law of those states which enact it uniform.
Md. Code, Alcoholic Beverages and Cannabis § 11-1103.1 — MD Code / Article gab / Title 11 / Subtitle 11 / Section 11-1103.1
§11–1103.
Status: in_force

§11–1103.1.

(a) The Board may issue a nonrefillable container permit for draft beer to a holder of a Class A license, a Class B license, or a Class D license.

(b) An applicant for the permit shall complete the form that the Board provides.

(c) The hours of sale for the permit:

(1) begin at the same time as those for the underlying license; and

(2) end at midnight.

(d) The Board shall adopt regulations to carry out this section.

(e) (1) Except as provided in paragraph (2) of this subsection, the annual permit fees are:

(i) $50 for an applicant whose license has an off–sale privilege; and

(ii) $500 for an applicant whose license does not have an off–sale privilege.

(2) An applicant who has a refillable container permit may not be charged a fee for a nonrefillable container permit.
Md. Code, Alcoholic Beverages and Cannabis § 11-2501 — MD Code / Article gab / Title 11 / Subtitle 25 / Section 11-2501
§11–2501.
Status: in_force

A person may not give or allow to be consumed on the premises or on premises under its control or possession an alcoholic beverage other than as authorized under this article.
Md. Code, Agriculture § 11-406 — MD Code / Article gag / Title 11 / Subtitle 4 / Section 11-406
§11–406.
Status: in_force

The Secretary may revoke or suspend any license issued under the provisions of this subtitle upon satisfactory proof that the license holder has violated any provisions of this subtitle or any rules and regulations adopted under it. However, no license may be revoked or suspended until the holder is given a hearing by the Secretary after reasonable notice. If the license holder fails to appear at the hearing after notice and contrary to rules and regulations, the license may be suspended or revoked. This section does not limit the right of the Secretary to proceed as authorized by other sections of this title.
Md. Code, Courts and Judicial Proceedings § 11-802 — MD Code / Article gcj / Title 11 / Subtitle 8 / Section 11-802
§11–802.
Status: in_force

(a) (1) In this subsection, “legally protected health care” has the meaning stated under § 2–312 of the State Personnel and Pensions Article.

(2) (i) Except as provided in subparagraphs (ii), (iii), and (iv) of this paragraph, a copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this State may be filed in the office of the clerk of a circuit court.

(ii) If the face amount of the judgment is $2,500 or less, the copy shall be filed with the clerk of the District Court.

(iii) If the face amount of the judgment is not more than a jurisdictional amount described in § 4–401 of this article, but more than $2,500, the copy may be filed either with the clerk of the District Court or in the office of the clerk of a circuit court.

(iv) Except as required by federal law, a judgment creditor may not file a copy of any foreign judgment under this section if the judgment was issued in connection with any litigation concerning legally protected health care, unless the underlying cause of action is:

1. Based in tort, contract, or statute;

2. A claim for which a similar or equivalent claim would exist in the State; and

3. A. Brought by the patient who received legally protected health care, or the patient’s legal representative; or

B. Based on conduct that would be prohibited under the laws of this State.

(3) The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed.

(b) A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying as a judgment of the court in which it is filed.
Md. Code, Tax - General § 11-409 — MD Code / Article gtg / Title 11 / Subtitle 4 / Section 11-409
§11–409.
Status: in_force

Notwithstanding any other provisions of law, before a State agency issues a rebate or similar instrument or authorizes a rebate or similar instrument to be issued by a nongovernmental entity to reduce the cost of a retail sale of household appliances under a program to promote energy efficiency, the State agency or nongovernmental entity shall require the buyer of a household appliance to certify that:

(1) the household appliance was purchased at a retail sale in the State; or

(2) the buyer paid the applicable State sales and use tax.
Md. Code, Criminal Procedure § 11-104 — MD Code / Article gcp / Title 11 / Subtitle 1 / Section 11-104
§11–104.
Status: in_force

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

(2) “DNA” has the meaning stated in § 2–501 of the Public Safety Article.

(3) “Statewide DNA database system” has the meaning stated in § 2–501 of the Public Safety Article.

(4) “Victim” means a person who suffers actual or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.

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

(i) a minor;

(ii) deceased; or

(iii) disabled.

(b) On first contact with a victim or victim’s representative, a law enforcement officer, District Court commissioner, or juvenile intake officer shall give the victim or the victim’s representative the pamphlet described in § 11–914(9)(i) of this title.

(c) Unless to do so would impede or compromise an ongoing investigation or the victim’s representative is a suspect or a person of interest in the criminal investigation of the crime involving the victim, on written request of a victim of a crime of violence as defined in § 14–101 of the Criminal Law Article or the victim’s representative, the investigating law enforcement agency shall give the victim or the victim’s representative timely notice as to:

(1) whether an evidentiary DNA profile was obtained from evidence in the case;

(2) when any evidentiary DNA profile developed in the case was entered into the DNA database system; and

(3) when any confirmed match of the DNA profile, official DNA case report, or DNA hit report is received.

(d) (1) Within 10 days after the filing or the unsealing of an indictment or information in circuit court, whichever is later, the prosecuting attorney shall:

(i) mail or deliver to the victim or victim’s representative the pamphlet described in § 11–914(9)(ii) of this title and the notification request form described in § 11–914(10) of this title; and

(ii) certify to the clerk of the court that the prosecuting attorney has complied with this paragraph or is unable to identify the victim or victim’s representative.

(2) If the prosecuting attorney files a petition alleging that a child is delinquent for committing an act that could only be tried in the circuit court if committed by an adult, the prosecuting attorney shall:

(i) inform the victim or victim’s representative of the right to request restitution under § 11–606 of this title;

(ii) mail or deliver to the victim or victim’s representative the notification request form described in § 11–914(10) of this title; and

(iii) certify to the clerk of the juvenile court that the prosecuting attorney has complied with this paragraph or is unable to identify the victim or victim’s representative.

(3) For cases described under this subsection, the prosecuting attorney may provide a State’s witness in the case with the guidelines for victims, victims’ representatives, and witnesses available under §§ 11–1001 through 11–1004 of this title.

(e) (1) A victim or victim’s representative may:

(i) file a completed notification request form with the prosecuting attorney; or

(ii) follow the MDEC system protocol to request notice.

(2) (i) If the jurisdiction has not implemented the MDEC system, the prosecuting attorney shall send a copy of the completed notification request form to the clerk of the circuit court or juvenile court.

(ii) If the jurisdiction has implemented the MDEC system and the victim or victim’s representative has filed a completed notification request form, the prosecuting attorney shall electronically file the form with the clerk of the circuit court or juvenile court in the MDEC system.

(3) By filing a completed notification request form or completing the MDEC system protocol, a victim or victim’s representative complies with Article 47 of the Maryland Declaration of Rights and each provision of the Code that requires a victim or victim’s representative to request notice.

(4) To keep the address and electronic mail address of a victim or victim’s representative confidential, the victim or victim’s representative shall:

(i) designate in the notification request form a person who has agreed to receive notice for the victim or victim’s representative; or

(ii) request as part of the MDEC system protocol, without filing a motion to seal, that the address and electronic mail address remain confidential and available, as necessary to only:

1. the court;

2. the prosecuting attorney;

3. the Department of Public Safety and Correctional Services;

4. the Department of Juvenile Services;

5. the attorney of the victim or victim’s representative;

6. the State’s Victim Information and Notification Everyday vendor; and

7. a commitment unit that a court orders to retain custody of an individual.

(f) (1) Unless provided by the MDEC system, the prosecuting attorney shall send a victim or victim’s representative prior notice of each court proceeding in the case, of the terms of any plea agreement, and of the right of the victim or victim’s representative to submit a victim impact statement to the court under § 11–402 of this title if:

(i) prior notice is practicable; and

(ii) the victim or victim’s representative has filed a notification request form or followed the MDEC system protocol under subsection (e) of this section.

(2) (i) If the case is in a jurisdiction in which the office of the clerk of the circuit court or juvenile court has an automated filing system, the prosecuting attorney may ask the clerk to send the notice required by paragraph (1) of this subsection.

(ii) If the case is in a jurisdiction that has implemented the MDEC system, the victim may follow the MDEC system protocol to receive notice by electronic mail, to notify the prosecuting attorney, and to request additional notice available through the State’s Victim Information and Notification Everyday vendor.

(3) As soon after a proceeding as practicable, the prosecuting attorney shall tell the victim or victim’s representative of the terms of any plea agreement, judicial action, and proceeding that affects the interests of the victim or victim’s representative, including a bail hearing, change in the defendant’s pretrial release order, dismissal, nolle prosequi, stetting of charges, trial, disposition, and postsentencing court proceeding if:

(i) the victim or victim’s representative has filed a notification request form or followed the MDEC system protocol under subsection (e) of this section and prior notice to the victim or victim’s representative is not practicable; or

(ii) the victim or victim’s representative is not present at the proceeding.

(4) Whether or not the victim or victim’s representative has filed a notification request form or followed the MDEC system protocol under subsection (e) of this section, the prosecuting attorney may give the victim or victim’s representative information about the status of the case if the victim or victim’s representative asks for the information.

(g) If a victim or victim’s representative has filed a notification request form or followed the MDEC system protocol under subsection (e) of this section, the clerk of the circuit court or juvenile court:

(1) shall include a copy of the form with any commitment order or probation order that is passed or electronically transmit the form or the registration information for the victim or the victim’s representative through the MDEC system; and

(2) if an appeal is filed, shall send a copy of the form or electronically transmit the form or the registration information for the victim or the victim’s representative through the MDEC system to the Attorney General and the court to which the case has been appealed.

(h) This section does not prohibit a victim or victim’s representative from filing a notification request form with a unit to which a defendant or child respondent has been committed.

(i) (1) After filing a notification request form under subsection (e) of this section, a victim or victim’s representative may discontinue further notices by filing a written request with:

(i) the prosecuting attorney, if the case is still in a circuit court or juvenile court; or

(ii) the unit to which the defendant or child respondent has been committed, if a commitment order has been issued in the case.

(2) After following the MDEC system protocol for electronic notices, a victim or victim’s representative may discontinue further notices by following the MDEC system protocol to terminate notice.
Md. Code, Corporations and Associations § 11-506 — MD Code / Article gca / Title 11 / Subtitle 5 / Section 11-506
§11–506.
Status: in_force

(a) Except as provided in § 11–510.1 of this subtitle, a person filing an application to register securities shall pay a fee of 0.1 percent of the maximum aggregate offering price at which the securities are to be offered in this State, but the fee may not be less than $500 or more than $1,500.

(b) (1) Except as provided in paragraph (2) of this subsection, a person required to submit a filing in accordance with an exemption granted under this title shall pay a fee of $400 for each filing.

(2) A person required to submit a filing in accordance with the exemption granted under § 11–601(16) of this title shall pay a fee of $100 for each filing.

(3) A person required to submit a notice of the offer or sale of federal covered securities under § 11–503.1(c) of this subtitle shall pay:

(i) A fee of $100 for each filing; and

(ii) An additional fee of $150 for each filing made after the filing due date.

(c) The Commissioner shall retain the fee, if:

(1) An application to register securities is withdrawn before the effective date;

(2) A notice of the offer or sale of a federal covered security is withdrawn; or

(3) A preeffective stop order is entered under §§ 11–511 through 11–513 of this subtitle.
Md. Code, Commercial Law § 11-5A-03 — MD Code / Article gcl / Title 11 / Subtitle 5A / Section 11-5A-03
§11–5A–03.
Status: in_force

(a) The Executive Director shall enforce this subtitle.

(b) The Executive Director shall:

(1) Employ and determine the duties and compensation of the inspectors and other personnel necessary to enforce this subtitle; and

(2) Adopt reasonable regulations necessary to effectuate and enforce the provisions of this subtitle.
Md. Code, Labor and Employment § 11-502 — MD Code / Article gle / Title 11 / Subtitle 5 / Section 11-502
§11–502.
Status: in_force

(a) It is State policy to coordinate all the resources available from federal, State and local governments, business, labor, and community based organizations to foster and promote a balanced, equitable, and cost–effective employment and training system. To effectuate this policy there shall be consultation between the Governor and the General Assembly in implementing the federal Workforce Innovation and Opportunity Act and this subtitle.

(b) It is the State’s goal to assist its citizens in obtaining gainful employment and in reducing dependence on public assistance and unemployment insurance programs by:

(1) preparing unskilled youth and adults who are economically disadvantaged for entry into the work force;

(2) retraining those who have lost jobs or who must upgrade or replace their work skills or both; and

(3) providing training and related services, including supportive services for low–income individuals, to increase the employability of those who encounter barriers to employment.

(c) It is also the State’s goal to develop a well trained productive work force which meets the needs of a changing economy by:

(1) developing and ensuring maximum utilization of timely statewide labor market information;

(2) linking employment and training services with economic development efforts;

(3) providing enhanced employment and training capabilities specially designed to meet the needs of business and industry, including industries that utilize advanced technology applications; and

(4) encouraging and initiating innovative employment and training strategies.
Md. Code, Financial Institutions § 11-511.1 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-511.1
§11–511.
Status: in_force

§11–511.1.

(a) By July 1, 2000, the Commissioner shall adopt regulations that set continuing education requirements as a condition to the renewal of licenses under this subtitle.

(b) Any continuing education requirements established by the Commissioner under this section shall apply to the first renewal of a license.
Md. Code, Insurance § 11-313 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-313
§11–313.
Status: in_force

For a kind or line of insurance as to which the Commissioner has issued an order in which the Commissioner finds that a reasonable degree of competition does not exist, the Commissioner may require the insurer at the time of filing a proposed rate increase with the Commissioner to notify each policyholder in writing that:

(1) the insurer has filed a proposed rate increase with the Commissioner;

(2) a hearing may be requested with respect to the filing; and

(3) an order, hearing, or refusal of a hearing by the Commissioner may be appealed under Subtitle 5 of this title.
Md. Code, Criminal Law § 11-205 — MD Code / Article gcr / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

(a) A person may not knowingly:

(1) write or create advertising or otherwise promote the sale or distribution of matter the person represents or holds out to be obscene; or

(2) solicit the publication of advertising that promotes the sale or distribution of matter the person represents or holds out to be obscene.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and

(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Md. Code, Business Regulation § 11-515.1 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-515.1
§11–515.
Status: in_force

§11–515.1.

(a) Notwithstanding § 11-515 of this subtitle, the amount of the takeout relating to purses, the Maryland-Bred Race Fund, and the amount retained by the licensee may be allocated in accordance with the terms of a written agreement signed by the authorized representatives of:

(1) the licensee;

(2) the group that represents a majority of the owners and trainers licensed in the State at the time the agreement is signed; and

(3) the group that represents a majority of the breeders in the State at the time the agreement is signed.

(b) Nothing in this section may be construed to permit the licensee to in any way alter the mandatory takeout allocated to the Commission for the State tax.
Md. Code, Criminal Procedure § 11-506 — MD Code / Article gcp / Title 11 / Subtitle 5 / Section 11-506
§11–506.
Status: in_force

Whenever a person has been committed to the Maryland Department of Health under § 3–112 of this article for a crime of violence and a victim of the crime or a victim’s representative has submitted a written request to the Maryland Department of Health for notification or submitted a notification request form under § 11–104 of this title, the victim or victim’s representative has the rights provided under § 3–123 of this article.
Md. Code, Correctional Services § 11-1008 — MD Code / Article gcs / Title 11 / Subtitle 10 / Section 11-1008
§11–1008.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection and § 11–1012 of this subtitle, if the investigation or interrogation of a correctional officer results in a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or similar action that is considered punitive, the correctional officer is entitled to a hearing on the issues by a hearing board before the managing official takes that action.

(2) A correctional officer who has been convicted of a felony is not entitled to a hearing under this section.

(b) (1) The internal investigation unit shall give notice to the correctional officer of the right to a hearing by a hearing board under this section.

(2) The notice required under this subsection shall state the time and place of the hearing and the issues involved.

(c) (1) Except as provided in paragraph (4) of this subsection and in § 11–1012 of this subtitle, the hearing board authorized under this section shall consist of at least three members who:

(i) are appointed by the managing official and chosen from correctional officers within that correctional facility, or from correctional officers of another correctional facility with the approval of the managing official of the other facility; and

(ii) have had no part in the investigation or interrogation of the correctional officer.

(2) At least one member of the hearing board shall be of the same rank as the correctional officer against whom the complaint is filed.

(3) (i) This paragraph does not apply in Harford County.

(ii) If the managing official is the correctional officer under investigation, the managing official of another correctional facility in the State shall function as the correctional officer of the same rank on the hearing board.

(iii) If the managing official of a correctional facility of a county or municipal corporation is under investigation, the official authorized to appoint the managing official’s successor shall select the managing official of another correctional facility to function as the correctional officer of the same rank on the hearing board.

(4) (i) This paragraph does not apply in Harford County.

(ii) A correctional facility or the facility’s superior governmental authority that has recognized and certified an exclusive collective bargaining representative may negotiate with the representative an alternative method of forming a hearing board.

(iii) A correctional officer may elect the alternative method of forming a hearing board if:

1. the correctional officer works in a correctional facility described in subparagraph (ii) of this paragraph; and

2. the correctional officer is included in the collective bargaining unit.

(iv) The internal investigation unit shall notify the correctional officer in writing before a hearing board is formed that the correctional officer may elect an alternative method of forming a hearing board if one has been negotiated under this paragraph.

(v) If the correctional officer elects the alternative method, that method shall be used to form the hearing board.

(vi) A correctional facility or exclusive collective bargaining representative may not require a correctional officer to elect an alternative method of forming a hearing board.

(vii) If the correctional officer has been offered summary punishment, an alternative method of forming a hearing board may not be used.

(viii) This paragraph is not subject to binding arbitration.

(d) (1) In connection with a disciplinary hearing, the managing official or hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents as relevant or necessary.

(2) The subpoenas may be served without cost in accordance with the Maryland Rules that relate to service of process issued by a court.

(3) Each party may request the managing official or hearing board to issue a subpoena or order under this subtitle.

(4) In case of disobedience or refusal to obey a subpoena served under this subsection, the managing official may apply without cost to the circuit court of a county where the subpoenaed party resides or conducts business, for an order to compel the attendance and testimony of the witness or the production of the books, papers, records, and documents.

(5) On a finding that the attendance and testimony of the witness or the production of the books, papers, records, and documents is relevant or necessary:

(i) the court may issue without cost an order that requires the attendance and testimony of witnesses or the production of books, papers, records, and documents; and

(ii) failure to obey the order may be punished by the court as contempt.

(e) (1) The hearing shall be conducted by a hearing board.

(2) The hearing board shall give the internal investigation unit and correctional officer ample opportunity to present evidence and argument about the issues involved.

(3) The correctional facility and correctional officer may be represented by counsel.

(4) Each party has the right to cross–examine witnesses who testify and each party may submit rebuttal evidence.

(f) (1) Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect.

(2) The hearing board shall give effect to the rules of privilege recognized by law and shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.

(3) Each record or document that a party desires to use shall be offered and made a part of the record.

(4) Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

(g) (1) The hearing board may take notice of:

(i) judicially cognizable facts; and

(ii) general, technical, or scientific facts within its specialized knowledge.

(2) The hearing board shall:

(i) notify each party of the facts so noticed either before or during the hearing, or by reference in preliminary reports or otherwise; and

(ii) give each party an opportunity and reasonable time to contest the facts so noticed.

(3) The hearing board may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.

(h) (1) With respect to the subject of a hearing conducted under this subtitle, the managing official shall administer oaths or affirmations and examine individuals under oath.

(2) In connection with a disciplinary hearing, the managing official or a hearing board may administer oaths.

(i) (1) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a circuit court.

(2) Witness fees, mileage, and the actual expenses necessarily incurred in securing the attendance of witnesses and their testimony shall be itemized and paid by the correctional facility.

(j) An official record, including testimony and exhibits, shall be kept of the hearing.
Md. Code, Courts and Judicial Proceedings § 11-201 — MD Code / Article gcj / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

If an action is brought for the penalty of any bond, bill, covenant, or contract with penalty, the judgment shall be for the amount due.
Md. Code, Correctional Services § 11-1013 — MD Code / Article gcs / Title 11 / Subtitle 10 / Section 11-1013
§11–1013.
Status: in_force

(a) This subtitle does not prohibit emergency suspension by higher–ranking correctional officers as designated by the managing official.

(b) (1) The managing official may impose emergency suspension with pay if it appears that the action is in the best interest of the incarcerated individuals, public, and the correctional facility.

(2) If the correctional officer is suspended with pay, the managing official may suspend the correctional powers of the correctional officer and reassign the correctional officer to restricted duties pending:

(i) a determination by a court with respect to a criminal violation; or

(ii) a final determination by a hearing board with respect to a correctional facility violation.

(3) A correctional officer who is suspended under this subsection is entitled to a prompt hearing.

(c) (1) If a correctional officer is charged with a felony, the managing official may impose an emergency suspension of correctional powers without pay.

(2) A correctional officer who is suspended under paragraph (1) of this subsection is entitled to a prompt hearing.
Md. Code, Housing and Community Development § 11-104 — MD Code / Article ghs / Title 11 / Subtitle 1 / Section 11-104
§11–104.
Status: in_force

The Fund is a continuing, nonlapsing special fund that is not subject to § 7-302 of the State Finance and Procurement Article.
Md. Code, Financial Institutions § 11-612.1 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-612.1
§11–612.
Status: in_force

§11–612.1.

(a) The Commissioner shall set by regulation the fees provided for in this subtitle.

(b) The fees established by the Commissioner under this section shall be reasonable and set in a manner that will produce funds sufficient to cover the actual direct and indirect costs of regulating licensees in accordance with the provisions of this subtitle.

(c) The Commissioner shall publish the fee schedule set by the Commissioner.

(d) All revenue received for the licensing and assessment of persons under this subtitle and any other fee or revenue the Commissioner receives under this subtitle shall be:

(1) Credited to the Fund; and

(2) Used in accordance with § 2–120(d) of this article.

(e) Subject to § 2–120(h) of this article, the Commissioner may impose an annual assessment on any licensee under this subtitle.
Md. Code, Criminal Law § 11-301 — MD Code / Article gcr / Title 11 / Subtitle 3 / Section 11-301
§11–301.
Status: in_force

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

(b) “Assignation” means the making of an appointment or engagement for prostitution or any act in furtherance of the appointment or engagement.

(c) “Prostitution” means the performance of a sexual act, sexual contact, or vaginal intercourse for hire.

(d) “Sexual act” has the meaning stated in § 3–301 of this article.

(e) “Sexual contact” has the meaning stated in § 3–301 of this article.

(f) “Sexually explicit performance” means a public or private, live, photographed, recorded, or videotaped act or show in which the performer is wholly or partially nude, and which is intended to sexually arouse or appeal to the prurient interest of patrons or viewers.

(g) “Solicit” means urging, advising, inducing, encouraging, requesting, or commanding another.

(h) “Vaginal intercourse” has the meaning stated in § 3–301 of this article.
Md. Code, Criminal Procedure § 11-1001 — MD Code / Article gcp / Title 11 / Subtitle 10 / Section 11-1001
§11–1001.
Status: in_force

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

(b) “Crime” means conduct that is a crime under the law of this State or federal law.

(c) (1) “Disposition” means the sentencing or determination of penalty or punishment to be imposed on a person convicted of a crime or against whom a finding of sufficient facts for conviction is made.

(2) “Disposition” includes dismissal of charges or other disposition under a plea bargain agreement.

(d) “Restitution” means money or services that a defendant is ordered to pay or render to a victim, victim’s representative, or other person or governmental unit.

(e) “Victim” means a person who suffers direct or threatened physical, emotional, or financial harm as a result of a crime.

(f) “Victim’s representative” includes:

(1) a spouse, child, sibling, or a parent of a victim who is a minor, incompetent, or a victim of a homicide; or

(2) a guardian of a minor or an incompetent.

(g) “Witness” means a person who is or expects to be a State’s witness.
Md. Code, Education § 11-301 — MD Code / Article ged / Title 11 / Subtitle 3 / Section 11-301
§11–301.
Status: in_force

In this subtitle, “governing board” includes the board of trustees of a community college.
Md. Code, Transportation § 11-165.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-165.1
§11–165.
Status: in_force

§11–165.1.

“Temporary lawful status” means, with respect to the status of an applicant for an identification card, a moped operator’s permit, or a license to drive issued by the Administration, that the applicant has temporary lawful status in accordance with regulations adopted by the Secretary of the United States Department of Homeland Security.
Md. Code, Business Regulation § 11-804 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-804
§11–804.
Status: in_force

(a) The intent of this section is similar to that of the Interstate Horseracing Act of 1978, 15 U.S.C. §§ 3001 through 3007.

(b) If the Commission approves, a licensee may contract to hold pari-mutuel betting on a race that is held at an out-of-state track where betting on racing is lawful.

(c) Pari-mutuel betting under this section may only occur:

(1) on a racing day when the Commission has authorized the licensee to hold racing; and

(2) (i) at the track of the licensee;

(ii) at any track where pari-mutuel betting on races on the racing program of the licensee for that day is authorized; or

(iii) at a satellite simulcast facility.

(d) (1) The breakage and takeout for pari-mutuel betting under this section shall be computed in the way normally applicable to pari-mutuel betting on racing the licensee holds.

(2) From the takeout the licensee shall deduct:

(i) the State tax on all mutuel pools;

(ii) the amount to be paid under the contract to the out-of-state track; and

(iii) the cost of transmission.

(3) The licensee shall then allocate the rest of the takeout in the way applicable to the racing that the licensee holds.

(e) A contract with an out-of-state track under this section is subject to the approval of the group that represents a majority of the owners and trainers who race horses at that track and the group that represents a majority of the applicable breeders in this State.
Md. Code, Correctional Services § 11-201 — MD Code / Article gcs / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

(a) (1) The sheriff of a county shall keep safely each individual committed by lawful authority to the custody of the sheriff until the individual is discharged by due course of law.

(2) (i) The sheriff shall receive and keep safely in a local correctional facility each individual committed to the custody of the sheriff under authority of the United States until the individual is discharged by due course of law.

(ii) An individual committed to the custody of the sheriff under the authority of the United States shall be kept in the same manner and be subject to the same penalties as an individual committed to the custody of the sheriff under the authority of the State.

(iii) For keeping and supporting an individual committed to the custody of the sheriff under the authority of the United States, a sheriff is entitled to receive 30 cents per day to be paid by the United States.

(b) (1) In a county that has adopted a charter under Article XI–A of the Maryland Constitution, the county council, by resolution or law, may provide for the appointment of a qualified individual as managing official of the local correctional facility and for qualified assistants necessary to perform the duties of that office.

(2) A managing official is responsible for the safekeeping, care, and feeding of incarcerated individuals in the custody of a local correctional facility, including an incarcerated individual who is working on the public highways or going to and from that work, until the incarcerated individual is discharged, released, or withdrawn from the local correctional facility by due course of law.

(3) Except as specifically provided in paragraph (2) of this subsection, this subsection does not affect the powers and duties of the sheriff of a county relating to custody and safekeeping of incarcerated individuals.

(c) (1) The County Council of Anne Arundel County, by resolution or law, may provide for the custody, safekeeping, and transportation of incarcerated individuals by certified law enforcement officers other than the Sheriff.

(2) The County Commissioners of Kent County, by resolution or law, may provide for the custody, safekeeping, and transportation of incarcerated individuals by corrections officers or law enforcement officers other than the Sheriff.

(d) The County Council of Baltimore County, by resolution or law, may require that the Sheriff of Baltimore County operate and administer the Baltimore County Jail.

(e) The County Commissioners of Queen Anne’s County, by resolution or law, may authorize the Warden of the County Detention Center to continue the management of the County Detention Center.
Md. Code, Economic Development § 11-205 — MD Code / Article gec / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

The Department shall provide staff support to the Council.
Md. Code, Business Regulation § 11-316 — MD Code / Article gbr / Title 11 / Subtitle 3 / Section 11-316
§11–316.
Status: in_force

(a) Before a prospective buyer buys a majority controlling interest in a licensee, the Commission shall review the personal and financial background of the prospective buyer.

(b) (1) The Commission shall adopt regulations to carry out this section.

(2) The regulations shall:

(i) require a personal and financial background check of the prospective buyer;

(ii) specify a period of time to review the required personal and financial information before a purchase or transfer of racing days is made; and

(iii) require that notice and an invitation to comment be given to the Legislative Policy Committee at least 15 days before final approval of a purchase or transfer of racing days resulting from a purchase.

(3) The background check shall include:

(i) a review by a certified public accountant of certified financial statements, including contingent or pledged liabilities, sufficient to determine the ability of the prospective buyer to buy and maintain the licensee;

(ii) an income statement for the most recent year;

(iii) a statement of financial and related records of any person in which the prospective buyer has at least a majority interest;

(iv) a disclosure of each financial interest in racing;

(v) a disclosure of each person who will have beneficial ownership of the licensee as a result of the purchase;

(vi) a criminal history records check under § 11-312 of this subtitle; and

(vii) a character review.
Md. Code, Agriculture § 11-204.6 — MD Code / Article gag / Title 11 / Subtitle 2 / Section 11-204.6
§11–204.
Status: in_force

§11–204.6.

(a) (1) There is a “Weights and Measures Fund”.

(2) All fees collected under §§ 11–204.3, 11–204.4, and 11–204.7 of this subtitle shall be credited to the Fund.

(3) The Fund shall be used to defray the expenses of administering this title.

(b) (1) The Fund shall be used for the purposes stated in this title.

(2) At the end of a fiscal year, any unspent or unencumbered balance in the Fund may not revert to the General Fund of the State, but shall remain in the Weights and Measures Fund.
Md. Code, Election Law § 11-309 — MD Code / Article gel / Title 11 / Subtitle 3 / Section 11-309
§11–309.
Status: in_force

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

(2) “Automated software audit” means an audit of electronic images of ballots cast in an election using software that is independent of the voting system.

(3) “Electronic count” means the vote totals produced by the voting system.

(4) “Local contest” means a contest that:

(i) is not a statewide contest; and

(ii) appears on the ballot in all or part of a county, including a contest to represent a district that includes more than one county.

(5) “Manual count” means inspection of voter–verifiable paper records by hand and eye to obtain vote totals in a contest.

(6) “Risk limit” means the small, predetermined maximum chance that a risk–limiting audit will not require a full manual count of voter–verifiable paper records in an audited contest if a full manual count of the voter–verifiable paper records would find a different outcome than the outcome determined by the electronic count.

(7) “Risk–limiting audit” means a postelection audit procedure that employs statistical methods to ensure a large, predetermined minimum chance of requiring a full manual count of voter–verifiable paper records in an audited contest if a full manual count of the voter–verifiable paper records would find a different outcome than the outcome determined by the electronic count.

(8) “Voter–verifiable paper record” has the meaning stated in § 9–102 of this article.

(b) (1) Following each statewide election, the State Board, in collaboration with each local board, shall audit the accuracy of the voting system’s tabulation of votes in each county by conducting a risk–limiting audit of:

(i) at least one statewide contest; and

(ii) any other contests selected for audit by the State Board.

(2) Following a special general election, the State Board, in collaboration with the local boards, may conduct a risk–limiting audit.

(3) (i) Subject to subparagraph (ii) of this paragraph, the State Board shall select the specific contests to be audited under paragraph (1) of this subsection.

(ii) A contest for an office for which the term begins in the month of December may not be selected for audit unless the election director for the county agrees to audit the contest.

(4) A risk–limiting audit shall:

(i) manually examine randomly chosen individual voter–verifiable paper records or batches of voter–verifiable paper records until the risk limit is met or the correct election outcome is established;

(ii) be completed before the Board of State Canvassers transmits a certified statement of the election results to the State Board under § 11–503(a) of this title; and

(iii) be observable by the public to the maximum extent practicable.

(5) (i) If a risk–limiting audit finds that the election outcome determined by the electronic count is inaccurate, the State Administrator, in consultation with the State Board, shall direct the relevant board of canvassers to immediately investigate the matter to determine an accurate election result.

(ii) The board of canvassers shall conclude the investigation within 3 days.

(iii) The board of canvassers shall correct the election result in accordance with regulations adopted by the State Board.

(6) The State Administrator shall report the results of the risk–limiting audit to the Board of State Canvassers and the State Board.

(c) In addition to the risk–limiting audit required under subsection (b) of this section, the State Board, in collaboration with the local boards, may conduct an automated software audit after a statewide election.

(d) A local board may conduct a risk–limiting audit of a local contest at the discretion of the local board.

(e) (1) The State Board shall adopt regulations to carry out this section.

(2) The regulations adopted under paragraph (1) of this subsection to carry out risk–limiting audits in accordance with subsection (b) of this section shall include:

(i) criteria for determining the contests to be audited;

(ii) the risk limit; and

(iii) the audit method.
Md. Code, Transportation § 11-148.2 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-148.2
§11–148.
Status: in_force

§11–148.2.

“Reserve component” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Criminal Procedure § 11-931 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-931
§11–931.
Status: in_force

(a) (1) For purposes of filing a petition with the United States Citizenship and Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, guardian, next friend, attorney, victim advocate, or other representative may request a certifying official of a certifying entity to certify victim helpfulness on a Form I–918, Supplement B certification if the victim:

(i) was a victim of a qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful in the detection, investigation, or prosecution of that qualifying criminal activity;

(ii) was under the age of 16 years on the date that an act that constitutes an element of qualifying criminal activity first occurred and the victim’s parent, guardian, or next friend has been helpful to the certifying entity in the detection, investigation, or prosecution of that qualifying criminal activity; or

(iii) is incapacitated or incompetent and the victim’s parent, guardian, or next friend has been helpful to the certifying entity in the detection, investigation, or prosecution of that qualifying criminal activity.

(2) (i) A victim of a qualifying crime or a qualifying criminal activity is eligible for certification.

(ii) If a victim is applying for certification as a result of being a victim of more than one qualifying crime or qualifying criminal activity, each qualifying crime and qualifying criminal activity shall be listed on the certification.

(b) For purposes of determining helpfulness for a request for certification under subsection (a) of this section, an individual shall be considered helpful if, since the initiation of helpfulness, the individual has not unreasonably refused to cooperate or unreasonably failed to provide information and assistance reasonably requested by a certifying entity.

(c) For purposes of determining helpfulness under subsection (a) of this section, if the victim or the victim’s parent, guardian, or next friend is assisting, has assisted, or is likely to assist law enforcement authorities in the detection, investigation, or prosecution of qualifying criminal activity, the victim or the victim’s parent, guardian, or next friend shall be considered to be helpful, to have been helpful, or likely to be helpful.

(d) If the victim or the victim’s parent, guardian, or next friend satisfies the criteria specified under subsection (a) of this section, the certifying official shall fully complete and sign the Form I–918, Supplement B certification and, with respect to victim helpfulness, include:

(1) specific details about the nature of the crime detected, investigated, or prosecuted;

(2) a detailed description of the victim’s past or present helpfulness or likely helpfulness to the detection, investigation, or prosecution of the criminal activity; and

(3) copies of any documents in the possession of the certifying official that evince the harm endured by the victim due to the criminal activity.

(e) (1) Except as provided in paragraph (2) of this subsection, the certifying entity shall certify or decline certification of the Form I–918, Supplement B certification within 45 days after receiving a request under subsection (a) of this section.

(2) If a noncitizen victim is the subject of removal, exclusion, or deportation proceedings or subject to a final order of removal, exclusion, or deportation, the certifying entity shall certify or decline certification of the Form I–918, Supplement B certification within 7 days after receiving a request under subsection (a) of this section.

(f) A current investigation, the filing of charges, a prosecution, or a conviction is not required for a victim or the victim’s parent, guardian, next friend, attorney, victim advocate, or other representative to request and obtain the Form I–918, Supplement B certification under this section.

(g) There is no statute of limitations for when a qualifying criminal activity occurred relative to the request for certification of victim helpfulness under this section.

(h) If the certifying official cannot determine whether the applicant is a victim of a qualifying criminal activity or determines that the applicant does not qualify for certification, the certifying official shall provide a written explanation to the victim or the victim’s parent, guardian, next friend, attorney, victim advocate, or other representative setting forth reasons why the available evidence does not support issuance of the certification.

(i) A certifying official may deny or withdraw the certification provided under this section only if, after considering the totality of the circumstances, the person providing the helpfulness under subsection (a) of this section unreasonably refused to cooperate or unreasonably failed to provide information or assistance reasonably requested by a certifying official.

(j) (1) Notwithstanding any other provision of this section, a certifying official’s completion of a certification form may not be considered sufficient evidence that an applicant for U Nonimmigrant Status has met all eligibility requirements for that status, and completion of a certification form by a certifying official may not be construed to guarantee that the victim will receive immigration relief under federal law.

(2) Completion of a certification form by a certifying official only serves as verification of the factual information relevant for a federal immigration official to determine eligibility for U Nonimmigrant Status.

(3) By completing a certification form, the certifying official attests that the information is true and correct to the best of the certifying official’s knowledge.

(4) This section does not limit the manner in which a certifying official or certifying agency may:

(i) describe whether the person has been helpful, is being helpful, or is likely to be helpful to the certifying entity; or

(ii) provide any additional information the certifying official or certifying entity believes might be relevant to the adjudication of a U Nonimmigrant Status Petition.

(k) A certifying entity shall develop protocols to assist petitioners who have limited English proficiency to proceed under this section.
Md. Code, Real Property § 11-136 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-136
§11–136.
Status: in_force

(a) (1) An owner required to give notice under § 11–102.1 of this title shall offer in writing to each tenant entitled to receive that notice the right to purchase that portion of the property occupied by the tenant as his residence. The offer shall be at a price and on terms and conditions at least as favorable as the price, terms, and conditions offered for that portion of the property to any other person during the 180–day period following the giving of the notice required by § 11–102.1 of this title. Settlement cannot be required any earlier than 120 days after the offer is accepted by the tenant.

(2) The offer to each tenant shall be made concurrently with the giving of the notice required by § 11–102.1 of this title, shall be a part of that notice, and shall state at least the following:

(i) That the offer will terminate upon the earlier to occur of termination of the lease by the tenant or 60 days after delivery;

(ii) That acceptance of the offer by a tenant who meets the criteria for an extended lease under § 11–137(b) of this title is contingent upon the tenant not receiving an extended lease;

(iii) That settlement cannot be required any earlier than 120 days after acceptance by the tenant; and

(iv) That the household is entitled to reimbursement for moving expenses as provided in subsection (h) of this section. Delivery of a notice in the form specified in § 11–102.1(f) of this title meets the requirements of this subparagraph.

(3) If the offer to the tenant under this subsection is not included with the notice required by § 11–102.1 of this title, the 180–day period during which the tenant is entitled to remain in the tenant’s residence does not begin until the tenant receives the offer.

(b) (1) Notwithstanding the provisions of subsection (a) of this section, an owner may make any alterations or additions to the size, location, configuration, and physical condition of the property. The developer is not required to make the boundaries of any portion of the property occupied by a tenant as the tenant’s residence coincide with the boundaries of a unit.

(2) In the event the boundaries of any portion of the property occupied by a tenant as the tenant’s residence do not coincide with the boundaries of a unit, then, to the extent reasonable and practicable, the owner shall offer in writing to that tenant the right to purchase a substantially equivalent portion of the property. The offer shall be at a price and on terms and conditions at least as favorable as the price, terms and conditions offered for that portion of the property to any other person and shall contain the statements required by subsection (a)(2) of this section.

(c) Unless written acceptance of an offer made under subsection (a) or (b) of this section is sooner delivered to the owner by the tenant, the offer shall terminate, without further act, upon the earlier to occur of:

(1) Termination of the lease by the tenant; or

(2) 60 days after the offer is delivered to the tenant.

(d) Acceptance of an offer by a tenant who meets the criteria for an extended lease under § 11-137(b) of this title shall be contingent upon the tenant not receiving an extended lease.

(e) If the offer terminates, the owner may not offer to sell that unit at a price or on terms and conditions more favorable to the offeree than the price, terms, and conditions offered to the tenant during the 180–day period following the giving of the notice required by § 11–102.1 of this title.

(f) Within 75 days after the giving of the notice required by § 11-102.1 of this title, the developer shall provide to any county, incorporated municipality or housing agency which has a right to purchase units in the rental facility under § 11-139 of this title a list of the names and units of all tenants who have validly accepted offers made under this section within 60 days of the giving of the notice required by § 11-102.1 of this title, except those offers which have terminated because of the granting of an extended lease under § 11-137 of this title.

(g) If a deed for a unit contains an affidavit by the grantor that the provisions of this section have been fulfilled, then the grantee in that deed takes title to the unit free and clear of all claims and rights of any person arising under this section.

(h) (1) If the household does not accept the purchase offer made under this section, the owner shall:

(i) If the household qualifies as to income under § 11-137(b)(1) of this title, pay the household $375 when the household vacates the unit and reimburse the household for moving expenses as defined in § 11-101 of this title in excess of $375 up to $750 which are actually and reasonably incurred; or

(ii) If the household does not qualify as to income under § 11-137(b)(1) of this title, reimburse the household for moving expenses as defined in § 11-101 of this title up to $750 which are actually and reasonably incurred.

(2) The household shall make a written request for moving expense reimbursement to the developer, accompanied by reasonable evidence of the costs incurred, within 30 days following moving. The developer shall reimburse the household within 30 days following receipt of the request.
Md. Code, Criminal Procedure § 11-616 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-616
§11–616.
Status: in_force

(a) The Division or the Department of Juvenile Services:

(1) in addition to other actions authorized under Part I of this subtitle, may refer an overdue restitution account for collection to the Central Collection Unit; and

(2) if probation or other supervision is terminated and restitution is still owed, shall refer the overdue restitution account for collection to the Central Collection Unit.

(b) Subject to subsection (c) of this section, the Central Collection Unit may:

(1) collect overdue restitution in accordance with Title 3, Subtitle 3 of the State Finance and Procurement Article; and

(2) certify a restitution obligor who is in arrears on restitution payments exceeding $30 under the judgment of restitution to:

(i) the Comptroller for income tax refund interception in accordance with Title 13, Subtitle 9, Part III of the Tax – General Article; and

(ii) the State Lottery and Gaming Control Agency for State lottery prize and video lottery facility prize payout interception in accordance with § 11–618 of this subtitle.

(c) (1) The Central Collection Unit may not compromise and settle a judgment of restitution unless:

(i) the Division or the Department of Juvenile Services obtains the consent of the victim; or

(ii) the court orders otherwise because a victim cannot be located.

(2) The Division or the Department of Juvenile Services shall contact the victim to determine whether the victim consents to compromise and settle a judgment of restitution.

(d) If complete restitution and interest have been paid or a judgment of restitution has been compromised and settled as provided in subsection (c) of this section, the Division, the Department of Juvenile Services, or the Central Collection Unit immediately shall notify:

(1) the court that issued the judgment by filing the statement as provided under § 11–608(c) of this subtitle that the judgment has been satisfied; and

(2) the last known employer of a restitution obligor to terminate an earnings withholding order issued under § 11–617 of this subtitle.

(e) (1) Restitution is overdue if the restitution or a restitution payment is not paid:

(i) by the date that the court orders; or

(ii) if no date is ordered, by the later of:

1. the date the Division or the Department of Juvenile Services directs the restitution obligor to pay restitution or make a restitution payment; or

2. 30 days after the court enters a judgment of restitution.

(2) If restitution is overdue, the amount of the arrearage is the amount of restitution ordered and any interest allowed by law, minus any amount previously paid or received under the judgment of restitution.
Md. Code, Human Services § 11-505 — MD Code / Article ghu / Title 11 / Subtitle 5 / Section 11-505
§11–505.
Status: in_force

(a) Each year, the Corporation shall require:

(1) a financial audit by an independent certified public accountant of each grantee whose grant income from the Corporation in the most recently completed fiscal year was $50,000 or more; or

(2) a financial review by an independent certified public accountant of each grantee whose grant income from the Corporation in the most recently completed fiscal year was less than $50,000.

(b) The report of each audit or review shall be:

(1) submitted to the Governor;

(2) made available to the Legislative Auditor; and

(3) kept for at least 5 years at the principal office of the Corporation.
Md. Code, Commercial Law § 11-203 — MD Code / Article gcl / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

(a) This subtitle does not make illegal the activity of:

(1) A labor organization or its individual members directed solely to lawful labor objectives, or a collective bargaining agreement between a labor organization, as defined in 29 U.S.C. § 152(5), and an employer or group of employers, which contains those labor objectives;

(2) Any incorporated or unincorporated agricultural or horticultural cooperative organization or its individual members directed solely to their lawful objectives;

(3) A public service company, as defined in § 1–101 of the Public Utilities Article, or a rating organization or bureau representing the company, to the extent that the activity is subject to the jurisdiction of the Public Service Commission or authorized by federal law governing interstate commerce;

(4) An insurer, insurance producer, public adjuster, insurance advisor, or rating organization, to the extent that the activity is:

(i) Regulated by the Maryland Insurance Commissioner; or

(ii) Authorized by the Insurance Article or any other law of the State;

(5) A nonprofit corporation, trust, or organization established exclusively for religious or charitable purposes, or for both purposes, to the extent that the activity is a religious or charitable activity;

(6) A security dealer who is licensed by the State or who is a member of the National Association of Securities Dealers or a member of a National Securities Exchange registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, in the course of his business of offering, selling, buying and selling, or otherwise trading in or underwriting securities as an agent, broker, or principal, or the activity of a registered National Securities Exchange, including the establishment of commission rates and schedules of charges;

(7) A board of trade designated as a “contract market” by the Secretary of Agriculture of the United States under 9 U.S.C. § 5;

(8) Any person to the extent that the activity is subject to the jurisdiction of the Maryland Transit Administration or the Washington Metropolitan Area Transit Authority;

(9) A state or national bank to the extent that the activity is regulated or supervised under the banking laws of the State or the United States;

(10) A state or federal savings and loan association to the extent that the activity is regulated or supervised under the savings and loan laws of the State or the United States;

(11) A bona fide nonprofit association, society, or board of attorneys, practitioners of medicine, architects, engineers, land surveyors, or real estate brokers licensed and regulated by an agency of the State, in recommending schedules of suggested fees, rates, or commissions for use solely as guidelines in determining charges for professional or technical services;

(12) A political subdivision of the State in furnishing services or commodities; or

(13) A hospital, as defined in § 19–301 of the Health – General Article, in the course of a merger or consolidation or the joint ownership and operation of major medical equipment, to the extent that the activity is approved by the Maryland Health Care Commission under § 19–129 of the Health – General Article.

(b) Unless authorized under the Insurance Article, subsection (a)(4) of this section may not be construed to prevent the application of this subtitle to a person who:

(1) Agrees to:

(i) Rig bids;

(ii) Allocate customers or territories;

(iii) Boycott;

(iv) Coerce; or

(v) Intimidate; or

(2) Engages in an act of:

(i) Bid rigging;

(ii) Customer or territorial allocation;

(iii) Boycott;

(iv) Coercion; or

(v) Intimidation.
Md. Code, Criminal Procedure § 11-1009 — MD Code / Article gcp / Title 11 / Subtitle 10 / Section 11-1009
§11–1009.
Status: in_force

(a) In this section, “sexually assaultive behavior” has the meaning stated in § 10–923 of the Courts Article.

(b) For an investigation or a case involving a victim of sexually assaultive behavior, an assistant State’s Attorney with knowledge of the case shall meet with the victim or a representative designated by the victim within 20 days after receiving a request from the victim to meet regarding a decision by the Office of the State’s Attorney:

(1) not to file a charging document against an alleged suspect; or

(2) to dismiss charges against an alleged suspect.

(c) At the meeting required under this section, the assistant State’s Attorney shall explain the justification for not filing a charging document or for dismissing the charges.

(d) The meeting required under this section may be conducted in person, by phone, or by other means mutually agreed on.
Md. Code, Business Regulation § 11-535 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-535
§11–535.
Status: in_force

(a) The Commission shall:

(1) administer the Fund and the Maryland-Bred Race Program with the help and advice of the Advisory Committee; and

(2) order each payment that is to be made from the Fund.

(b) The Commission shall:

(1) deposit the money allocated to the Fund by each mile thoroughbred racing licensee and the Maryland State Fair and Agricultural Society, Inc., into at least 1 bank or trust company in the State; and

(2) require the bank or trust company to secure the Fund by collateral.

(c) Within 5 days after a race meeting ends, the licensee shall pay to the Commission, to be held in the Fund, all money that is allocated to the Fund under this title but that was not disbursed during the race meeting.

(d) On recommendation of the Advisory Committee, the Commission may allocate a portion of the Fund to races that are restricted to horses conceived, but not necessarily foaled, in Maryland.

(e) If the Commission uses ordinary care to choose the depository bank or trust company, the members are not personally liable for loss to the Fund because of failure, insolvency, or other fault of the depository bank or trust company.
Md. Code, Transportation § 11-111.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-111.1
§11–111.
Status: in_force

§11–111.1.

“Disqualification” means a prohibition against driving a commercial motor vehicle and includes mandatory withdrawal of commercial driving privileges.
Md. Code, Criminal Law § 11-103 — MD Code / Article gcr / Title 11 / Subtitle 1 / Section 11-103
§11–103.
Status: in_force

(a) This section applies to a motion picture show or other presentation, whether animated or live, that wholly or partly:

(1) depicts or reveals:

(i) sadomasochistic abuse;

(ii) sexual conduct; or

(iii) sexual excitement; or

(2) includes obscene material or explicit verbal descriptions or narrative accounts of sexual conduct.

(b) For monetary consideration or other valuable commodity or service, a person may not knowingly:

(1) exhibit to a minor without the presence of the minor’s parent or guardian a motion picture show or other presentation described in subsection (a) of this section;

(2) sell to a minor an admission ticket or other means to gain entrance to a motion picture show or other presentation described in subsection (a) of this section; or

(3) admit a minor without the presence of the minor’s parent or guardian to premises where a motion picture show or other presentation described in subsection (a) of this section is exhibited.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
Md. Code, Commercial Law § 11-506 — MD Code / Article gcl / Title 11 / Subtitle 5 / Section 11-506
§11–506.
Status: in_force

(a) In any proceeding under this subtitle, including a proceeding relating to licenses before the Executive Director, proof of a sale by a retailer or a wholesaler of cigarettes or of any other item in combination or in connection with cigarettes at less than their cost to the retailer or their cost to the wholesaler, respectively, is prima facie evidence of intent to injure a competitor or to destroy or substantially lessen competition.

(b) In determining cost to the retailer or cost to the wholesaler, the Executive Director or the court shall receive and consider evidence:

(1) That the person complained against purchased cigarettes at a fictitious price or on terms, in a manner, or under invoices which conceal the true costs, discounts, or terms of purchase; and

(2) Of the normal, customary, and prevailing terms and discounts in connection with other sales of a similar nature in the trade area.
Md. Code, Courts and Judicial Proceedings § 11-803 — MD Code / Article gcj / Title 11 / Subtitle 8 / Section 11-803
§11–803.
Status: in_force

(a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor’s attorney shall file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.

(b) (1) The clerk promptly shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall note the mailing in the docket.

(2) The notice must include the name and post office address of the judgment creditor and if the judgment creditor has an attorney in this State, the attorney’s name and address.

(3) The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk.

(4) If proof of mailing by the judgment creditor has been filed, lack of mailing notice of filing by the clerk does not affect the enforcement proceedings.
Md. Code, Tax - General § 11-243 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-243
§11–243.
Status: in_force

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

(2) (i) “Construction material” means an item of tangible personal property that is used to construct or renovate a building, a structure, or an improvement on land and that typically loses its separate identity as personal property once incorporated into the real property.

(ii) “Construction material” includes building materials, building systems equipment, landscaping materials, and supplies.

(3) “Hagerstown Multi–Use Sports and Events Facility” has the meaning stated in § 10–601 of the Economic Development Article.

(4) “Prince George’s County Blue Line Corridor facility” has the meaning stated in § 10–601 of the Economic Development Article.

(5) “Sports entertainment facility” has the meaning stated in § 10–601 of the Economic Development Article.

(b) The sales and use tax does not apply to a sale of construction material if:

(1) the construction material is purchased by a person solely for use in furtherance of the provisions of Title 10, Subtitle 6 of the Economic Development Article for the construction or redevelopment of:

(i) the Hagerstown Multi–Use Sports and Events Facility that is managed by the Maryland Stadium Authority;

(ii) a sports entertainment facility; or

(iii) a Prince George’s County Blue Line Corridor facility;

(2) the sale is made on or after October 1, 2021; and

(3) the buyer provides the vendor with evidence of eligibility for the exemption issued by the Comptroller.

(c) The Comptroller shall adopt regulations to implement this section.