Md. Code, Business Occupations and Professions § 6.5-401 — MD Code / Article gbo / Title 6.5 / Subtitle 4 / Section 6.5-401
§6.
Status: in_force

§6.5–401.

Except as otherwise provided in this title, a person may not perform, attempt to perform, or offer to perform the functions of a stationary engineer in the State unless licensed by the Board in the appropriate grade to provide such services.
Md. Code, Business Occupations and Professions § 6.5-202 — MD Code / Article gbo / Title 6.5 / Subtitle 2 / Section 6.5-202
§6.
Status: in_force

§6.5–202.

(a) (1) The Board consists of eight members appointed by the Governor with the advice of the Secretary and the advice and consent of the Senate.

(2) Of the eight members of the Board:

(i) three shall be stationary engineers;

(ii) one shall be a representative from the boiler manufacture and design industry;

(iii) one shall be a boiler owner;

(iv) two shall be consumer members; and

(v) one shall be the Chief Boiler Inspector of the State, or the Chief Boiler Inspector’s designee, who shall be an ex officio, nonvoting member of the Board.

(b) Each member of the Board shall be:

(1) a citizen of the United States; and

(2) a resident of the State.

(c) (1) At least two of the engineer members of the Board shall hold a Grade 1 stationary engineer license.

(2) Each engineer member of the Board shall:

(i) have at least 10 years practical experience in running steam engines, boilers, and appliances pertaining to stationary and portable engines; and

(ii) hold a State license at all times during the member’s term on the Board.

(d) Each consumer member of the Board:

(1) shall be a member of the general public;

(2) may not be a licensee or otherwise be subject to regulation by the Board; and

(3) may not have had within 1 year before appointment a financial interest in or have received compensation from a person regulated by the Board.

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

(f) (1) The term of a member is 3 years and begins on July 1.

(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2005.

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

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

(5) Each member of the Board is eligible for reappointment but may not serve more than two consecutive terms.

(g) (1) The Governor may remove a member for incompetence, misconduct, neglect of duties, or other sufficient cause.

(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

(4) In accordance with § 8–501 of the State Government Article, the chair shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Tax - Property § 6.5-101 — MD Code / Article gtp / Title 6.5 / Subtitle 1 / Section 6.5-101
§6.
Status: in_force

§6.5–101.

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

(b) “Forest land” has the meaning stated in § 5–101 of the Natural Resources Article.

(c) “State forest” means forest land owned or leased by the Department of Natural Resources.

(d) “State park” means a park owned by the State that is promoted, administered, or managed by the Department of Natural Resources.

(e) “Wildlife management area” means land acquired and used by the State in accordance with Title 10, Subtitle 8 of the Natural Resources Article.
Md. Code, Business Occupations and Professions § 6.5-307 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-307
§6.
Status: in_force

§6.5–307.

(a) Subject to the limitations in subsections (b) and (c) of this section, on the affirmative vote of a majority of its voting members then serving, the Board may waive the examination requirements of this title for an individual who is licensed in another state or in a locality in another state to provide stationary engineer services.

(b) The Board may grant a waiver under this section only if the applicant:

(1) pays to the Board the nonrefundable application fee required under § 6.5–304 of this subtitle; and

(2) provides adequate evidence that the applicant:

(i) meets the qualifications otherwise required by this subtitle;

(ii) holds an active license in good standing in the other state or the locality;

(iii) holds a license that is equivalent to the State license; and

(iv) became licensed in the other state or the locality after meeting the state’s or locality’s requirements that are at least equivalent to the licensing requirements of the State, including the number of years of work experience equivalent to the experience required under § 6.5–303(c) of this subtitle.

(c) The Board may grant a waiver only if the state or the locality in which the applicant is licensed waives the examination of licensees of this State to a similar extent as the State waives the examination requirements for individuals licensed in that state or locality.

(d) (1) In this subsection, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.

(2) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the Board shall grant a waiver to an applicant who files a request before July 1, 2012, if the applicant:

(i) pays to the Board the nonrefundable application fee required under § 6.5–304 of this subtitle;

(ii) holds an active stationary engineer’s license in good standing from Virginia or New Jersey, or from a locality of one of those states, that is equivalent to the State license;

(iii) has experience in the provision of stationary engineer services that meets the time requirements of § 6.5–303 of this subtitle; and

(iv) has relocated to the State as a family member of a BRAC employee.
Md. Code, Business Occupations and Professions § 6.5-301 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-301
§6.
Status: in_force

§6.5–301.

(a) Except as otherwise provided in this title, an individual shall be licensed by the Board to provide stationary engineer services before the individual may provide stationary engineer services in the State.

(b) (1) In this subsection, “resource recovery facility” means a facility that processes solid waste to produce valuable resources, including steam, electricity, metals, or refuse–derived fuel.

(2) An individual who provides stationary engineer services at a resource recovery facility that generates steam or electricity is not required to be licensed by the Board to provide stationary engineer services if the individual is certified to operate a resource recovery facility under regulations adopted by the Secretary of the Environment.
Md. Code, Business Regulation § 6.5-105 — MD Code / Article gbr / Title 6.5 / Subtitle 1 / Section 6.5-105
§6.
Status: in_force

§6.5–105.

An action to enforce this title shall be brought within 3 years after the alleged violation occurred.
Md. Code, Business Occupations and Professions § 6.5-306 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-306
§6.
Status: in_force

§6.5–306.

(a) The Board may use a testing service to administer the examination required under this subtitle.

(b) If the Board uses a testing service, the testing service, subject to the requirements set by the Board, shall:

(1) set the time and place of the examination;

(2) give qualified applicants notice of the time and place of the examination;

(3) charge an examination fee not to exceed the cost of administering the examination; and

(4) furnish any information that the Board may require the testing service to provide.
Md. Code, Business Occupations and Professions § 6.5-103 — MD Code / Article gbo / Title 6.5 / Subtitle 1 / Section 6.5-103
§6.
Status: in_force

§6.5–103.

The provisions of this title and any regulations adopted under this title may not supersede the authority of the Board of Boiler Rules to implement boiler and pressure vessel safety standards established under Title 12, Subtitle 9 of the Public Safety Article or any regulations adopted under that subtitle.
Md. Code, Business Occupations and Professions § 6.5-313 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-313
§6.
Status: reserved

§6.5–313.

(a) The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license, if the individual:

(1) applies to the Board for reinstatement within 2 years after the license expires;

(2) meets the renewal requirements of § 6.5–312 of this subtitle and pays to the Board all past due renewal fees; and

(3) except as otherwise provided in subsection (c) of this section, pays to the Board a reinstatement fee set by the Board, in addition to all past due renewal fees.

(b) (1) If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board may:

(i) require the individual to reapply for a license in the same manner as an applicant applies for an original license under this subtitle; or

(ii) subject to paragraph (2) of this subsection, reinstate the license.

(2) The Board may reinstate a license under paragraph (1)(ii) of this subsection only if the individual:

(i) meets the renewal requirements of § 6.5–312 of this subtitle and pays to the Board all past due renewal fees;

(ii) if required by the Board, states reasons why reinstatement should be granted; and

(iii) except as otherwise provided in subsection (c) of this section, pays to the Board a reinstatement fee set by the Board, in addition to all past due renewal fees.

(c) The Board may waive a reinstatement fee for a licensee who provides evidence satisfactory to the Board that the licensee did not provide stationary engineer services during the time the license lapsed.
Md. Code, Business Occupations and Professions § 6.5-316 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-316
§6.
Status: in_force

§6.5–316.

A person aggrieved by a final action of the Board may take an appeal as specified under §§ 10-222 and 10-223 of the State Government Article.
Md. Code, Business Occupations and Professions § 6.5-315 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-315
§6.
Status: in_force

§6.5–315.

(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 6.5-314 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
Md. Code, Business Occupations and Professions § 6.5-305 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-305
§6.
Status: in_force

§6.5–305.

(a) The Board shall examine all engineers who are at least 18 years old and who otherwise qualify for examination.

(b) The Board periodically shall offer the examinations required under this subtitle to qualified applicants at the times and places that the Board determines.

(c) The Board shall give each qualified applicant notice of the time and place of examination.

(d) The Board shall determine the subjects, scope, and form of and passing scores for examinations given under this subtitle.
Md. Code, Business Occupations and Professions § 6.5-208 — MD Code / Article gbo / Title 6.5 / Subtitle 2 / Section 6.5-208
§6.
Status: in_force

§6.5–208.

The Board exercises its powers, duties, and functions subject to the authority of the Secretary.
Md. Code, Business Occupations and Professions § 6.5-402 — MD Code / Article gbo / Title 6.5 / Subtitle 4 / Section 6.5-402
§6.
Status: in_force

§6.5–402.

A person may not:

(1) use or attempt to use the license of another individual; or

(2) impersonate another individual who holds a license.
Md. Code, State Government § 6.5-203 — MD Code / Article gsg / Title 6.5 / Subtitle 2 / Section 6.5-203
§6.
Status: in_force

§6.5–203.

(a) (1) As soon as practicable, but no later than 90 days after receiving a complete application, including all necessary expert reports, the appropriate regulating entity shall hold a public hearing.

(2) If the nonprofit health entity is a hospital, the regulating entity shall hold the public hearing in the jurisdiction in which the hospital is located.

(b) A public hearing under this section shall be a quasi–legislative hearing and not a contested case hearing.

(c) Any person may file written comments and exhibits or make a statement at the public hearing.

(d) The regulating entity may:

(1) subpoena information and witnesses;

(2) require sworn statements;

(3) take depositions; and

(4) use related discovery procedures.

(e) (1) The regulating entity may contract with experts as reasonably necessary to:

(i) determine whether to approve an acquisition generally;

(ii) perform an independent valuation of the public or charitable assets of the transferor;

(iii) evaluate the impact of the acquisition on the affected community;

(iv) determine whether there has been due diligence by the transferor; and

(v) determine the existence of any conflicts of interest.

(2) The selection of an expert by a regulating entity under paragraph (1) of this subsection shall be subject to the State procurement laws.

(3) If a regulating entity contracts for expert assistance under paragraph (1) of this subsection, the transferee shall pay the reasonable cost of the expert assistance, as determined by the regulating entity.

(f) Within 60 days after the record, including the public hearing process, has been closed, the appropriate regulating entity shall:

(1) approve the acquisition, with or without modifications; or

(2) disapprove the acquisition.

(g) (1) Subject to paragraph (2) of this subsection, at its discretion, the regulating entity may extend for good cause for a 60–day period the time for making a determination under subsection (f) of this section.

(2) The regulating entity is limited to a maximum of two 60–day extensions for making a determination on the same application.

(h) (1) Except as provided in paragraph (2) of this subsection, a determination made by the appropriate regulating entity under subsection (f) of this section may not take effect until the earlier of:

(i) 90 calendar days after the date the determination is made; or

(ii) the date when ratified or rejected by the General Assembly.

(2) The appropriate regulating entity may waive the waiting period under paragraph (1)(i) of this subsection if the appropriate regulating entity determines that waiving the waiting period is in the best interest of the public.
Md. Code, Business Occupations and Professions § 6.5-314 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-314
§6.
Status: in_force

§6.5–314.

(a) (1) Subject to the hearing provisions of § 6.5-315 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

(i) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(ii) fraudulently or deceptively uses a license;

(iii) under the laws of the United States or of any state, is convicted of:

1. a felony; or

2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide services as a stationary engineer;

(iv) fails to control or supervise adequately a person who, while under the supervision of a licensee, provides services as a stationary engineer;

(v) permits a licensee to provide services as a stationary engineer outside the scope of that individual’s license grade;

(vi) permits an individual to provide services as a stationary engineer without the appropriate license issued by the Board;

(vii) is under the influence of drugs or alcohol while operating an engine, boiler, or other type of power equipment;

(viii) is guilty of negligence, incompetence, or misconduct while providing stationary engineer services;

(ix) violates any regulation adopted under this title; or

(x) violates any provision of this title.

(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation.

(ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

1. the seriousness of the violation;

2. the harm caused by the violation;

3. the good faith of the licensee; and

4. any history of previous violations by the licensee.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(iii) of this section:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the license;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide services as a stationary engineer;

(4) the length of time since the conviction; and

(5) the behavior and activities of the applicant or licensee before and after the conviction.
Md. Code, Business Occupations and Professions § 6.5-304 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-304
§6.
Status: in_force

§6.5–304.

(a) An applicant for a license shall:

(1) submit to the Board:

(i) an application on the form that the Board provides; and

(ii) any relevant document that the Board requires; and

(2) pay to the Board or the Board’s designee:

(i) a nonrefundable application fee set by the Board; and

(ii) an examination fee set by the Board in an amount not to exceed the cost of the required examination.

(b) An application shall be made under oath.

(c) If the Board finds that an application form and the accompanying documentation do not demonstrate that the applicant meets the requirements for a license under this subtitle, the Board may require the applicant to submit additional information or documentation.
Md. Code, State Government § 6.5-305 — MD Code / Article gsg / Title 6.5 / Subtitle 3 / Section 6.5-305
§6.
Status: in_force

§6.5–305.

(a) The Secretary of the Department may revoke or suspend a license to operate a hospital in accordance with § 19-327 of the Health - General Article if an acquisition occurs without the approval of the Attorney General.

(b) An acquisition of a nonprofit health service plan or a nonprofit health maintenance organization may not occur without the approval of the Administration.

(c) A nonprofit health service plan or a nonprofit health maintenance organization may not be operated for profit.

(d) If the Commissioner determines that a nonprofit health service plan or a nonprofit health maintenance organization is in violation of subsection (b) or (c) of this section, the Commissioner may, in addition to any other remedies authorized by law, require the following:

(1) the divestiture of the acquisition;

(2) that the entity fully comply with this title;

(3) that the entity file a plan for conversion to a for-profit entity as required under this title;

(4) that the certificate of authority of the entity to operate as a nonprofit health service plan or a nonprofit health maintenance organization in this State be revoked or suspended; or

(5) the payment of a penalty as provided for in § 4-113(d)(1) of the Insurance Article for each violation of subsection (b) or (c) of this section.
Md. Code, Business Occupations and Professions § 6.5-204 — MD Code / Article gbo / Title 6.5 / Subtitle 2 / Section 6.5-204
§6.
Status: in_force

§6.5–204.

(a) A majority of the voting members then serving on the Board is a quorum.

(b) (1) The Board shall meet at least twice a year at a location and in an office provided by the State.

(2) The Board may hold special meetings as provided in its regulations.

(3) The Board shall meet with and consult the Board of Boiler Rules as necessary but at least one time each year.

(c) A member of the Board:

(1) may not receive compensation; but

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

(d) The Board may employ a staff in accordance with the State budget.
Md. Code, Housing and Community Development § 6.5-104 — MD Code / Article ghs / Title 6.5 / Subtitle 1 / Section 6.5-104
§6.
Status: in_force

§6.5–104. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 74 OF 2021 //

(a) The Office shall:

(1) develop definitions and standards for broadband Internet that:

(i) address current and future requirements and uses by communities, businesses, schools, health care providers, and other stakeholders;

(ii) reflect the need for a forward–looking, statewide digital communications infrastructure; and

(iii) are not at odds with definitions and standards adopted by the Federal Communications Commission;

(2) (i) collect promotional and nonpromotional pricing data directly from broadband Internet providers; and

(ii) assess the actual upload and download speeds experienced by consumers;

(3) create a statewide audit of the availability, reliability, and affordability of broadband Internet services in every county, which shall include:

(i) network performance metrics, including information on data transfer speeds, network throughput, and network latency;

(ii) a data–based evaluation, using a variety of data collection methods including community surveys and targeted outreach to traditionally underrepresented communities, of the reasons that certain residents and businesses do not have access to broadband Internet services; and

(iii) demographic information regarding communities where broadband Internet services are unavailable or unaffordable;

(4) create a website that houses a publicly accessible map that allows users to overlay GIS heat mapping comments, based on and incorporating data and information from the Federal Communications Commission, that shows, in addition to any information provided by the Federal Communications Commission:

(i) which residences do and do not have access to broadband Internet;

(ii) broadband Internet service prices and plans available in different areas; and

(iii) other available State geographic and demographic data;

(5) collect, analyze, and publicly share:

(i) geographic and demographic data regarding households that rely on mobile broadband for Internet service, based on the understanding that mobile broadband is not a substitute for in–home fixed Internet services;

(ii) data regarding the adoption and affordability of reliable broadband Internet in the State, including the average cost per average speed by county; and

(iii) data regarding investments in expanding Internet infrastructure, adoption, and speed increases;

(6) assist and support local jurisdictions in their efforts to improve access to broadband Internet, including through the development and deployment of training programs to increase residents’ digital literacy;

(7) work with local jurisdictions and economic development organizations to identify areas with a demand for better Internet service;

(8) estimate and identify the amount and type of funding needed to connect residents to affordable high–speed Internet;

(9) identify and coordinate the delivery of resources to local jurisdictions for the improvement of access to broadband Internet, including by:

(i) identifying sources of funds that can be used to expand access to broadband Internet;

(ii) assisting local jurisdictions to apply for and receive funds for expanding access to broadband Internet; and

(iii) identifying and sharing data regarding local, State, and federal funds allocated or received through grants and private sector investment for investment in expanding Internet infrastructure, adoption, and speed increases;

(10) request information regarding total dollar investments in high–speed Internet from local jurisdictions, private companies, and organizations;

(11) investigate, identify, and evaluate new technologies that would increase the availability of broadband Internet service in the State;

(12) identify opportunities for productive partnerships that would enable the sharing of resources and further the goal of expanding access and connection to broadband Internet service;

(13) develop recommendations regarding policies, regulations, or legislation to improve the availability of and access to broadband Internet services in the State;

(14) review existing laws, policies, and regulations regarding access to the rights–of–way and easements of public utilities and recommend any changes the Office considers necessary to encourage the deployment of broadband Internet;

(15) support efforts to increase the digital literacy of residents, nonprofit organizations, and business owners; and

(16) collaborate with local education agencies and community colleges to ensure that students have the ability to connect to broadband Internet that allows for full engagement in remote learning without disruptive lagging and periodic disconnection.

(b) (1) Through partnerships with local jurisdictions, library systems, anchor institutions, and the private sector, the Office shall offer funding and technical assistance to help local governments and private entities:

(i) qualify for federal funding opportunities; and

(ii) plan, design, and construct broadband infrastructure.

(2) To complement other sources of funding, the Office shall work with the Community Development Administration to initiate a broadband funding structure under § 4–229 of this article.

(c) (1) On or before July 1, 2022, the Office shall:

(i) prepare a statewide plan to:

1. ensure 98% connectivity to universal, affordable, reliable broadband Internet by a date not later than December 31, 2025;

2. ensure that every resident of the State has the ability to connect to universal, affordable, reliable broadband Internet that exceeds the Federal Communications Commission standard for upload and download speeds by a date not later than December 31, 2026; and

3. establish key performance indicators relating to infrastructure, adoption, and speed; and

(ii) submit the plan to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(2) In preparing the plan required under paragraph (1) of this subsection, the Office shall:

(i) solicit input from a diverse range of stakeholders, including libraries and workforce development boards;

(ii) consult with local governments, federal regulators, Internet service providers, and nongovernmental organizations involved in and working in the field of connecting communities to high–speed Internet and digital literacy;

(iii) hold at least two online listening sessions; and

(iv) receive written statements from stakeholders at a time the Office determines.

(d) In carrying out this section, the Office shall meet quarterly to collaborate with the appropriate units of State government, including the Department of Information Technology, the State Department of Education, the State Department of Transportation, the Maryland State Library, the Department of Commerce, the Department of Agriculture, the Maryland Department of Health, and the Department of Planning, and the appropriate units of local government, including the Maryland Association of Counties and the Maryland Municipal League, to ensure that efforts to expand and enhance broadband Internet services are coordinated statewide.

(e) (1) On or before December 1, 2021, and each year thereafter, the Office shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

(i) the progress of the State’s efforts to:

1. develop and implement the plan required under subsection (c) of this section;

2. increase access and connection to broadband Internet services throughout the State with specific reporting on improvements to infrastructure, adoption, and speeds;

3. improve digital literacy among residents of the State; and

4. increase speeds to meet or exceed the Federal Communications Commission standard for upload and download speeds;

(ii) the existing gaps in connectivity and the State’s progress toward closing those gaps;

(iii) the impact that gaps in Internet service have on the workforce and State and local economies;

(iv) information from local education agencies on the impact of Internet service quality on student achievement and access to 21st century opportunities;

(v) demographic data on locations with gaps in services; and

(vi) the allocation of money from, and programs supported by, the Digital Inclusion Fund, the Digital Connectivity Fund, and the Rural Broadband Assistance Fund in the preceding fiscal year.

(2) The report required under paragraph (1) of this subsection shall be published on the website established under subsection (a)(4) of this section.
Md. Code, Business Occupations and Professions § 6.5-302 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-302
§6.
Status: in_force

§6.5–302.

(a) A Grade 5 stationary engineer licensee may oversee the operation of a boiler that:

(1) (i) can be operated at 30 to 99 horsepower; and

(ii) is located in a building not open for public use;

(2) is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;

(3) if not equipped with a 24–hour computerized monitoring system and automatic controls, is visited by a Grade 5 licensee at least once every 24 hours that the boiler is in operation; and

(4) if equipped with a 24–hour computerized monitoring system and automatic controls, is visited by a Grade 5 licensee at least once per week that the boiler is in operation, if the licensee:

(i) is responsible for the safe operation of the equipment at all times;

(ii) is available to observe the monitoring equipment or devices and make the necessary adjustments at least once every 24 hours; and

(iii) maintains a daily inspection log.

(b) A Grade 4 stationary engineer licensee may oversee the operation of a boiler that:

(1) (i) can operate at 30 to 99 horsepower; and

(ii) is located in a building open for public use;

(2) is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;

(3) if not equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 4 licensee as follows:

(i) at all times that the boiler is in operation; or

(ii) if located in a school:

1. at all times during regular school hours; and

2. only when at least 150 students, faculty, or members of the public occupy the building where the boiler is located during nonregular school hours;

(4) if equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 4 licensee as follows:

(i) if located in a hospital, hotel, residential facility, or other building generally open to the public, is visited at least once every 8 hours that the building is open for public use, if the licensee:

1. is responsible for the safe operation of such equipment at all times;

2. is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and

3. maintains a daily inspection log; and

(ii) if located in a school, is visited at least once every 8 hours:

1. during regular school hours; and

2. during nonregular school hours when the school building in which the boiler is located is occupied by at least 150 students, faculty, or members of the public, if the licensee:

A. is responsible for the safe operation of such equipment at all times;

B. is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and

C. maintains a daily inspection log.

(c) A Grade 3 stationary engineer licensee may oversee the operation of a boiler that:

(1) can operate at 100 to 299 horsepower;

(2) is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;

(3) if not equipped with a 24–hour computerized monitoring system and automatic controls, has a Grade 3 licensee in attendance at all times that the boiler is in operation; and

(4) if equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 3 licensee as follows:

(i) if not located in a building open for public use, does not require regular full–time attendance or scheduled visitation, if the licensee:

1. is responsible for the safe operation of such equipment at all times;

2. is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and

3. maintains a daily inspection log; and

(ii) if located in a school, hospital, hotel, residential facility, or other building generally open to the public, is visited at least once every 8 hours that the building is open for public use, if the licensee:

1. is responsible for the safe operation of such equipment at all times;

2. is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and

3. maintains a daily inspection log.

(d) A Grade 2 stationary engineer licensee may oversee the operation of a boiler that:

(1) can operate at 300 to 499 horsepower;

(2) is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;

(3) if not equipped with a 24–hour computerized monitoring system and automatic controls, has a Grade 2 licensee in attendance at all times that the boiler is in operation; and

(4) if equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 2 licensee as follows:

(i) if not located in a building open for public use, does not require regular full–time attendance or scheduled visitation, if the licensee:

1. is responsible for the safe operation of such equipment at all times;

2. is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and

3. maintains a daily inspection log; and

(ii) if located in a school, hospital, hotel, residential facility, or other building generally open to the public, is visited at least once every 8 hours that the building is open for public use, if the licensee:

1. is responsible for the safe operation of such equipment at all times;

2. is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and

3. maintains a daily inspection log.

(e) A Grade 1 stationary engineer licensee may oversee the operation of a boiler that:

(1) can operate at 500 or more horsepower;

(2) is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;

(3) if not equipped with a 24–hour computerized monitoring system and automatic controls, has a Grade 1 licensee in attendance at all times that the boiler is in operation; and

(4) if equipped with a 24–hour computerized monitoring system and automatic controls and is attended by a Grade 1 licensee as follows:

(i) if not located in a building open for public use, does not require regular visitation, if the licensee:

1. is responsible for the safe operation of such equipment at all times;

2. is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and

3. maintains a daily inspection log; and

(ii) if located in a school, hospital, hotel, residential facility, or other building generally open to the public, is visited at least once every 8 hours that the building is open for public use, if the licensee:

1. is responsible for the safe operation of such equipment at all times;

2. is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and

3. maintains a daily inspection log.
Md. Code, Business Occupations and Professions § 6.5-101 — MD Code / Article gbo / Title 6.5 / Subtitle 1 / Section 6.5-101
§6.
Status: in_force

§6.5–101.

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

(b) “Board” means the State Board of Stationary Engineers.

(c) “Boiler” means:

(1) a closed vessel in which water is heated, steam is generated, steam is superheated, or a combination of these functions is accomplished, under pressure or vacuum for use externally to the vessel by the direct application of heat from the combustion of fuels or from electricity or nuclear energy; or

(2) a fired unit for heating or vaporizing liquids other than water if the unit is separate from a processing system and is complete within itself.

(d) “Heating boiler” means:

(1) a steam boiler that operates at pressures not exceeding 15 psig; or

(2) a hot water boiler that operates at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit.

(e) (1) “License” means, unless the context requires otherwise, a license issued by the Board to perform the functions of a stationary engineer.

(2) “License” includes, unless the context requires otherwise:

(i) a Grade 5 license;

(ii) a Grade 4 license;

(iii) a Grade 3 license;

(iv) a Grade 2 license; and

(v) a Grade 1 license.

(f) (1) “Provide stationary engineer services” means to oversee the operation of a power plant, plant of machinery, or boiler, each generating pressure of more than 15 psi and operating at 30 or more horsepower.

(2) “Provide stationary engineer services” does not include overseeing the operation of a heating boiler.

(g) “Stationary engineer” means an individual who is licensed by the Board to provide stationary engineer services in accordance with the license grades described in § 6.5–302 of this title.
Md. Code, State Government § 6.5-102 — MD Code / Article gsg / Title 6.5 / Subtitle 1 / Section 6.5-102
§6.
Status: in_force

§6.5–102.

A person may not engage in an acquisition of a nonprofit health entity unless the transferor and the transferee receive the approval of the appropriate regulating entity.
Md. Code, Business Occupations and Professions § 6.5-308 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-308
§6.
Status: in_force

§6.5–308.

(a) The use of unauthorized material by an applicant during an examination shall cause the immediate rejection of the application and shall bar the applicant from reexamination for at least 1 year.

(b) (1) An applicant who fails an examination or fails to appear for a scheduled examination shall file a new application and pay a new application fee.

(2) An examination fee is nonrefundable.

(c) An applicant who takes an examination required by this title shall be notified of the results of the examination as soon as practicable.

(d) If an applicant fails an examination given under this subtitle, the applicant may retake the examination.
Md. Code, Business Occupations and Professions § 6.5-311 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-311
§6.
Status: in_force

§6.5–311.

A licensee shall provide the Board written notice of any change of name or address from the name or address that appears on the current license, at least 10 working days before the change is to take effect.
Md. Code, State Government § 6.5-302 — MD Code / Article gsg / Title 6.5 / Subtitle 3 / Section 6.5-302
§6.
Status: in_force

§6.5–302.

In determining whether to approve an acquisition of a nonprofit hospital, the Attorney General shall consider:

(1) the criteria listed in § 6.5-301 of this subtitle; and

(2) whether the affected community will have continued access to affordable health care.
Md. Code, Tax - Property § 6.5-102 — MD Code / Article gtp / Title 6.5 / Subtitle 1 / Section 6.5-102
§6.
Status: in_force

§6.5–102.

This title applies to counties that have:

(1) at least 65,000 acres of State forests, State parks, and wildlife management areas that are exempt from the property tax under § 7–210 of this article; or

(2) (i) at least 40,000 acres of State forests, State parks, and wildlife management areas that are exempt from the property tax under § 7–210 of this article; and

(ii) a county real property tax rate of at least $1.00 for each $100 of assessment.
Md. Code, State Government § 6.5-103 — MD Code / Article gsg / Title 6.5 / Subtitle 1 / Section 6.5-103
§6.
Status: in_force

§6.5–103.

(a) The Attorney General, the Department, and the Administration shall adopt regulations to carry out this title.

(b) The regulations adopted under subsection (a) of this section shall include provisions that establish hearing and appeal procedures.
Md. Code, Business Regulation § 6.5-101 — MD Code / Article gbr / Title 6.5 / Subtitle 1 / Section 6.5-101
§6.
Status: in_force

§6.5–101.

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

(b) (1) “Charitable asset” means property that is given, received, or held for a charitable purpose, including all interest in:

(i) real property; or

(ii) tangible or intangible personal property.

(2) “Charitable asset” includes:

(i) cash;

(ii) remainder interests;

(iii) conservation or preservation easements or restrictions; and

(iv) charitable contributions.

(3) “Charitable asset” does not include property acquired or held for a for–profit purpose.

(c) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose whose achievement is beneficial to the community.
Md. Code, Business Occupations and Professions § 6.5-201 — MD Code / Article gbo / Title 6.5 / Subtitle 2 / Section 6.5-201
§6.
Status: in_force

§6.5–201.

There is a State Board of Stationary Engineers in the Department.
Md. Code, Business Occupations and Professions § 6.5-310 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-310
§6.
Status: in_force

§6.5–310.

While a license is in effect, it authorizes the licensee to provide stationary engineer services in accordance with the licensee’s grade level.
Md. Code, Housing and Community Development § 6.5-106 — MD Code / Article ghs / Title 6.5 / Subtitle 1 / Section 6.5-106
§6.
Status: in_force

§6.5–106. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 74 OF 2021 //

(a) In this section, “Fund” means the Digital Connectivity Fund.

(b) There is a Digital Connectivity Fund.

(c) The purpose of the Fund is to assist in the establishment and expansion of affordable broadband communication services in disconnected areas and communities in the State.

(d) (1) The Office shall administer the Fund.

(2) The Office shall adopt application procedures for grants distributed from the Fund.

(3) The Office shall work with other offices within the Department and the Department of Commerce to adopt regulations specifying:

(i) procedures for applying for financial assistance; and

(ii) priorities for allocating, selecting, and distributing financial assistance from the Fund.

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

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

(f) The Fund consists of:

(1) money appropriated by the State to the Fund;

(2) financial assistance provided to the State by the federal government for the Fund;

(3) interest earnings; and

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

(g) The Fund may be used only to distribute competitive grants:

(1) for planning, construction, and maintenance of broadband communication services, equipment, and activities; and

(2) to provide financial assistance to local governments to expand high–speed Internet access in disconnected communities in the State.

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

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

(i) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Business Occupations and Professions § 6.5-403 — MD Code / Article gbo / Title 6.5 / Subtitle 4 / Section 6.5-403
§6.
Status: in_force

§6.5–403.

(a) A person may not allow an individual to provide services as a stationary engineer if the individual does not hold an appropriate license issued by the Board.

(b) A person may not allow an individual to provide services as a stationary engineer outside the scope of that individual’s license grade.
Md. Code, State Government § 6.5-104 — MD Code / Article gsg / Title 6.5 / Subtitle 1 / Section 6.5-104
§6.
Status: in_force

§6.5–104.

Nothing in this title shall impair the rights and powers of a court and the Attorney General with respect to any asset devoted to charity or with respect to any charitable trust.
Md. Code, Business Occupations and Professions § 6.5-312 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-312
§6.
Status: in_force

§6.5–312.

(a) Except as provided in subsection (e) of this section and unless a license is renewed for a 2-year term as provided in this section, the license expires every other year on the anniversary of the date of issuance of the license.

(b) (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current license expires; and

2. the amount of the renewal fee as required under § 6.5–207 of this title.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(3) The failure of a licensee to receive the notice as provided for in this subsection does not prevent the license from expiring as specified under subsection (a) of this section.

(c) Before a license expires, the licensee periodically may renew it for an additional 2-year term, if the licensee:

(1) otherwise is entitled to be licensed;

(2) pays to the Board the appropriate license renewal fee required under § 6.5-207 of this title; and

(3) submits to the Board a renewal application on the form that the Board provides.

(d) (1) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

(2) The Board shall include on each renewal certificate that the Board issues the date on which the current license expires.

(e) The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.
Md. Code, State Government § 6.5-401 — MD Code / Article gsg / Title 6.5 / Subtitle 4 / Section 6.5-401
§6.
Status: in_force

§6.5–401.

(a) (1) There is a Maryland Health Care Trust.

(2) The Trust is a body corporate, subject to modification or termination by the General Assembly.

(3) The purpose of the Trust is to:

(i) be of general benefit to the residents of the State;

(ii) be charitable in nature; and

(iii) accept and retain money for future expenditures to be used to implement Acts of the General Assembly, other than the State budget bill, that:

1. improve the health status of residents of the State; and

2. specifically direct the use of assets of the Trust.

(4) Money expended from the Trust is supplemental to, and is not intended to take the place of, State funds that would otherwise be appropriated by the State for the improvement of the health care status of the residents of the State.

(b) (1) The State Treasurer shall be the trustee of the Trust.

(2) The powers and duties of the Trust shall rest in and be exercised by the trustee.

(c) The powers and duties of the Trust shall be established and modified solely by the General Assembly.

(d) In accordance with this title, the Trust consists of the public and charitable assets received as a result of the acquisition of a nonprofit health service plan or a nonprofit health maintenance organization, approved by the Administration on or after June 1, 2001, or a nonprofit hospital, approved by the Attorney General in consultation with the Department.

(e) (1) The State Treasurer shall manage, invest, and reinvest the Trust in the same manner that State funds are invested.

(2) The Trust shall be held and accounted for separate and apart from the funds of the State.

(f) Any interest or other investment earnings of the Trust shall be credited to and paid into the Trust.

(g) (1) The trustee shall make provision for a system of financial accounting, controls, audits, and reports.

(2) The trustee shall report to the Governor and, in accordance with § 2–1257 of this article, to the General Assembly on or before December 1, 2004, and annually thereafter on the status of the assets of the Trust.
Md. Code, Business Occupations and Professions § 6.5-205 — MD Code / Article gbo / Title 6.5 / Subtitle 2 / Section 6.5-205
§6.
Status: in_force

§6.5–205.

(a) The Board shall:

(1) adopt regulations to carry out the provisions of this title;

(2) administer examinations;

(3) issue licenses;

(4) maintain a list of all licensees; and

(5) maintain a record of its proceedings.

(b) The Board shall make available through written, electronic, or other means:

(1) to each applicant for a license, a copy of the Maryland Stationary Engineers Act and the Board’s regulations; and

(2) on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Stationary Engineers Act and the Board’s regulations that took effect during the 2-year period ending on the date of renewal.
Md. Code, Business Regulation § 6.5-104 — MD Code / Article gbr / Title 6.5 / Subtitle 1 / Section 6.5-104
§6.
Status: in_force

§6.5–104.

Any action or other remedy enforcing this title is subject to any immunity or limitation on liability available under State or federal law or at common law.
Md. Code, Housing and Community Development § 6.5-107 — MD Code / Article ghs / Title 6.5 / Subtitle 1 / Section 6.5-107
§6.
Status: in_force

§6.5–107. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 74 OF 2021 //

(a) There is a Rural Broadband Assistance Fund in the Department.

(b) The purpose of the Fund is to assist in the establishment of broadband communication services in rural and underserved areas of the State.

(c) The Office shall administer the Fund.

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

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

(e) The Fund consists of:

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

(2) money appropriated in the State budget to the Maryland Economic Development Assistance Fund under Title 5, Subtitle 3 of the Economic Development Article for the purpose of assisting in the establishment of broadband communication services in rural and underserved areas of the State;

(3) federal money allocated or granted to the Fund;

(4) interest earnings; and

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

(f) The Fund may be used only for planning, construction, and maintenance of broadband communication services and equipment in rural and underserved areas and related activities.

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

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

(h) The Office shall make payments from the Fund within 30 days after notice of a decision of the Maryland Rural Broadband Coordination Board under § 13–504(3) of the Economic Development Article.
Md. Code, Housing and Community Development § 6.5-102 — MD Code / Article ghs / Title 6.5 / Subtitle 1 / Section 6.5-102
§6.
Status: in_force

§6.5–102. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 74 OF 2021 //

(a) There is an Office of Statewide Broadband in the Department.

(b) The purpose of the Office is to ensure that every resident of the State:

(1) is supported in the adoption of reliable, universal, high–quality broadband Internet service at an affordable price; and

(2) has the tools necessary to use the Internet and take advantage of Internet resources.
Md. Code, Business Regulation § 6.5-102 — MD Code / Article gbr / Title 6.5 / Subtitle 1 / Section 6.5-102
§6.
Status: in_force

§6.5–102.

(a) The Attorney General shall represent the public interest in the protection of charitable assets and may:

(1) enforce the application of a charitable asset in accordance with:

(i) the law and terms governing the use, management, investment, distribution, and expenditure of the charitable asset; and

(ii) the charitable purpose of the person holding the charitable asset;

(2) act to prevent or remedy:

(i) the misapplication, diversion, or waste of a charitable asset; or

(ii) a breach of fiduciary or other legal duty in the governance, management, or administration of a charitable asset; and

(3) commence or intervene in an action to:

(i) prevent, remedy, or obtain damages for:

1. the misapplication, diversion, or waste of a charitable asset; or

2. a breach of fiduciary or other legal duty in the governance, management, or administration of a charitable asset;

(ii) enforce this title; or

(iii) determine that an asset is a charitable asset.

(b) If the Attorney General has reason to believe an investigation is necessary to determine whether action may be advisable under this section, the Attorney General may conduct an investigation, including exercising subpoena power.
Md. Code, Business Occupations and Professions § 6.5-102 — MD Code / Article gbo / Title 6.5 / Subtitle 1 / Section 6.5-102
§6.
Status: in_force

§6.5–102.

The purpose of this title is to establish a licensing program to ensure that qualified individuals provide stationary engineer services to:

(1) protect the public;

(2) provide for the safe operation of power plants, plants of machinery, and boilers; and

(3) promote high professional standards.
Md. Code, Housing and Community Development § 6.5-101 — MD Code / Article ghs / Title 6.5 / Subtitle 1 / Section 6.5-101
§6.
Status: in_force

§6.5–101. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 74 OF 2021 //

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

(b) “Director” means the Director of the Office of Statewide Broadband.

(c) “Office” means the Office of Statewide Broadband.
Md. Code, Business Occupations and Professions § 6.5-303.1 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-303.1
§6.
Status: in_force

§6.5–303.1.

(a) The Board may authorize an applicant to take a license examination if the Board determines that the work experience of the applicant is substantially equivalent to the work experience requirements of a licensee for the license level requested by the applicant.

(b) In evaluating the work experience of an applicant, the Board shall consider:

(1) the size of the operation or plant at which the applicant acquired the work experience;

(2) the type of machinery the applicant used in acquiring the work experience; and

(3) (i) the job responsibilities or duties of the applicant; and

(ii) the time period in which the applicant held each job responsibility or duty.

(c) An applicant may receive not more than 2 years of work experience credit under this section if the Board determines that the work experience is acquired through:

(1) a formal course of study; or

(2) professional training.
Md. Code, State Government § 6.5-301 — MD Code / Article gsg / Title 6.5 / Subtitle 3 / Section 6.5-301
§6.
Status: in_force

§6.5–301.

(a) The appropriate regulating entity may not approve an acquisition unless it finds the acquisition is in the public interest.

(b) An acquisition is not in the public interest unless appropriate steps have been taken to:

(1) ensure that the value of public or charitable assets is safeguarded;

(2) ensure that the value of public or charitable assets is spent in a manner that corresponds with the potential risk associated with the acquisition;

(3) ensure that:

(i) the fair value of the public or charitable assets of a nonprofit health service plan or a health maintenance organization will be distributed to the Maryland Health Care Trust established under § 6.5-401 of this title; or

(ii) 1. 40% of the fair value of the public or charitable assets of a nonprofit hospital will be distributed to the Maryland Health Care Trust established under § 6.5-401 of this title; and

2. 60% of the fair value of the public or charitable assets of a nonprofit hospital will be distributed to a public or nonprofit charitable entity or trust that is:

A. dedicated to serving the unmet health care needs of the affected community;

B. dedicated to promoting access to health care in the affected community;

C. dedicated to improving the quality of health care in the affected community; and

D. independent of the transferee;

(4) ensure that no part of the public or charitable assets of the acquisition inure directly or indirectly to an officer, director, or trustee of a nonprofit health entity; and

(5) ensure that no officer, director, or trustee of the nonprofit health entity receives any immediate or future remuneration as the result of an acquisition or proposed acquisition except in the form of compensation paid for continued employment with the acquiring entity.

(c) The regulating entity may determine that a distribution of assets of a nonprofit health entity is not required under this section if the transaction is:

(1) determined not to be an acquisition;

(2) in the ordinary course of business; and

(3) for fair value.

(d) In determining fair value, the appropriate regulating entity may consider all relevant factors, including, as determined by the regulating entity:

(1) the value of the nonprofit health entity or an affiliate or the assets of such an entity that is determined as if the entity had voting stock outstanding and 100% of its stock was freely transferable and available for purchase without restriction;

(2) the value as a going concern;

(3) the market value;

(4) the investment or earnings value;

(5) the net asset value; and

(6) a control premium, if any.

(e) (1) In determining whether an acquisition is in the public interest, the appropriate regulating entity shall consider:

(i) whether the transferor exercised due diligence in deciding to engage in an acquisition, selecting the transferee, and negotiating the terms and conditions of the acquisition;

(ii) the procedures the transferor used in making the decision, including whether appropriate expert assistance was used;

(iii) whether any conflicts of interest were disclosed, including conflicts of interest of board members, executives, and experts retained by the transferor, transferee, or any other parties to the acquisition;

(iv) whether the transferor will receive fair value for its public or charitable assets;

(v) whether public or charitable assets are placed at unreasonable risk if the acquisition is financed in part by the transferor;

(vi) whether the acquisition has the likelihood of creating a significant adverse effect on the availability or accessibility of health care services in the affected community;

(vii) whether the acquisition includes sufficient safeguards to ensure that the affected community will have continued access to affordable health care; and

(viii) whether any management contract under the acquisition is for fair value.

(2) In determining whether a nonprofit health entity has exercised due diligence as required under paragraph (1)(i) of this subsection, the appropriate regulating entity may not determine that due diligence was exercised unless the nonprofit health entity considered the risks of an acquisition, including whether an acquisition:

(i) would result in diseconomies of scale; or

(ii) would violate federal or State antitrust laws.

(f) The public or charitable assets distributed to a public or nonprofit charitable entity or trust in accordance with subsection (b)(2) of this section shall be in the form of cash.

(g) The appropriate regulating entity shall determine whether a payment by a nonprofit health entity, required under an agreement or contract for the acquisition of a nonprofit health entity if the agreement or contract is broken by the nonprofit health entity, is in the public interest.
Md. Code, State Government § 6.5-202 — MD Code / Article gsg / Title 6.5 / Subtitle 2 / Section 6.5-202
§6.
Status: in_force

§6.5–202.

(a) Within 10 working days after receiving an application, the appropriate regulating entity shall:

(1) publish notice of the application in the most widely circulated newspapers that are part of a nonprofit health entity’s service area; and

(2) notify by first-class mail any person that has requested in writing notice of the filing of an application.

(b) The notice under subsection (a) of this section shall:

(1) state that an application has been received;

(2) state the names of the parties to the acquisition;

(3) describe the contents of the application;

(4) state the date by which a person must submit written comments on the application; and

(5) provide the date, time, and place of the public hearing on the acquisition.

(c) The applicant shall bear the cost of the notice required under this section.
Md. Code, Business Occupations and Professions § 6.5-203 — MD Code / Article gbo / Title 6.5 / Subtitle 2 / Section 6.5-203
§6.
Status: in_force

§6.5–203.

(a) From among its members, the Board shall elect a chair and other officers as necessary.

(b) The manner of election and the term of an officer shall be as the Board determines.
Md. Code, Business Occupations and Professions § 6.5-309 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-309
§6.
Status: in_force

§6.5–309.

(a) If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that:

(1) the applicant has qualified for a license; and

(2) the Board will issue a license to the applicant on receipt of the appropriate license fee required under § 6.5-207 of this title.

(b) On payment of the license fee, the Board shall issue a license to each applicant who meets the requirements of this subtitle.

(c) The Board shall include on each license that the Board issues:

(1) the full name of the licensee;

(2) the license grade level; and

(3) the registration number assigned by the Board to the licensee.
Md. Code, Housing and Community Development § 6.5-108 — MD Code / Article ghs / Title 6.5 / Subtitle 1 / Section 6.5-108
§6.
Status: in_force

§6.5–108. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 74 OF 2021 //

(a) This section does not apply to a county or municipal corporation within the Washington Suburban Sanitary District.

(b) A county or municipal corporation may adopt, by ordinance or resolution, locally appropriate policies to advance progress of infrastructure, equipment, and systems needed to extend broadband access to underserved areas, including:

(1) expedited consideration of locally imposed permits or approvals customarily applied to comparable projects;

(2) the waiver or reduction of fees or charges customarily associated with comparable projects;

(3) using project–based or region–based authority for public–private partnerships of related projects; and

(4) measures consistent with other county laws, implemented to accelerate deployment of infrastructure and equipment necessary or desirable to promote broadband deployment into underserved areas.
Md. Code, State Government § 6.5-307 — MD Code / Article gsg / Title 6.5 / Subtitle 3 / Section 6.5-307
§6.
Status: in_force

§6.5–307.

(a) This title does not apply to the acquisition of a foreign nonprofit health entity operating in this State if the appropriate regulating entity determines, based on the standards set forth in this title, that any public or charitable assets of the nonprofit health entity that serve health care needs in this State will be adequately protected.

(b) Any nonprofit health entity that the appropriate regulating entity has determined under subsection (a) of this section that this title does not apply shall submit an information copy of its application to engage in an acquisition to the regulating entity.
Md. Code, Tax - Property § 6.5-202 — MD Code / Article gtp / Title 6.5 / Subtitle 2 / Section 6.5-202
§6.
Status: in_force

§6.5–202.

(a) On or before December 1 each year, the Department, in consultation with the Secretary of Natural Resources, shall certify to the Governor and the Secretary of Budget and Management:

(1) the assessed value of all State forests, State parks, and wildlife management areas in each county that are exempt from the property tax under § 7–210 of this article, as determined under § 6.5–201 of this subtitle; and

(2) the total amount to be paid by the State to each county as determined under § 6.5–201 of this subtitle.

(b) On or before October 1, January 1, April 1, and June 1 each fiscal year, the State shall pay 25% of the amount certified under subsection (a) of this section to each county.
Md. Code, Business Occupations and Professions § 6.5-206 — MD Code / Article gbo / Title 6.5 / Subtitle 2 / Section 6.5-206
§6.
Status: in_force

§6.5–206.

(a) The Board may investigate any complaint that alleges a violation of this title.

(b) On receipt of the results of an investigation made under this section, the Board shall promptly take action that is appropriate under this title to ensure compliance with the title.

(c) (1) If the Board concludes that any conduct alleged to be in violation of this title will result in harm to a citizen of the State, the Board may seek a permanent or temporary injunction with respect to the conduct from the circuit court of any county in which the alleged violation occurs.

(2) In seeking an injunction under this subsection, the Board is not required to:

(i) post bond;

(ii) allege or prove that an adequate remedy at law does not exist; or

(iii) allege or prove that substantial or irreparable damage would result from the continued violation of the provision.

(3) A member of the Board may not be held personally liable for any action taken under this subsection in good faith and with reasonable grounds.

(d) The Board, or a hearing officer designated by the Board, may administer oaths, hold hearings, and take testimony about all matters within the jurisdiction of the Board.

(e) (1) The Board or its designee may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with:

(i) a disciplinary action brought under § 6.5-314 of this title; and

(ii) a proceeding brought for an alleged violation of this title.

(2) If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.

(f) A member of the Board may not be held personally liable for any action taken under this section.
Md. Code, Tax - Property § 6.5-301 — MD Code / Article gtp / Title 6.5 / Subtitle 3 / Section 6.5-301
§6.
Status: in_force

§6.5–301.

(a) In this section, “local tax” means a tax imposed by a county or municipal corporation.

(b) This title may not be construed to prohibit the application of or collection of a local tax on the extraction of natural resources.
Md. Code, Business Occupations and Professions § 6.5-303 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-303
§6.
Status: in_force

§6.5–303.

(a) Except as otherwise provided in this title, to qualify for licensure as a stationary engineer, an applicant shall meet the requirements of this section and pass an examination administered by the Board.

(b) In addition to the other qualifications for a license set forth in this subtitle, an applicant shall qualify under this section by meeting the educational and experience requirements set forth in subsection (c) of this section.

(c) (1) An applicant for the Grade 1 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:

(i) 5 years of documented experience as an active Grade 2 stationary engineer under the direction and control of a Grade 1 stationary engineer, toward which an applicant may receive:

1. 1 year of credit for 6 credit hours of classes or continuing education units in boiler safety or operations; and

2. 1 year of credit for holding a current active license as a:

A. master plumber;

B. master heating, ventilation, air–conditioning, and refrigeration contractor; or

C. master restricted heating, ventilation, air–conditioning, or refrigeration contractor;

(ii) a 4–year degree in mechanical engineering from an accredited university or college;

(iii) licensure as a professional engineer including:

1. 1 year of documented experience as a professional engineer; and

2. 1 year of documented experience as a Grade 2 stationary engineer under the direction and control of a Grade 1 stationary engineer; or

(iv) a valid marine engineer’s certificate or a chief petty officer’s certificate from the United States Navy with documentation of steam boiler engineer training.

(2) An applicant for a Grade 2 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:

(i) 36 months of documented experience as an active Grade 3 engineer under the direction and control of a licensed Grade 2 or Grade 1 stationary engineer, that may include:

1. 1 year of credit for 6 credit hours of classes or continuing education units in boiler safety or operations; and

2. 1 year of credit for holding a current active license as a:

A. master plumber;

B. master heating, ventilation, air–conditioning, and refrigeration contractor; or

C. master restricted heating, ventilation, air–conditioning, or refrigeration contractor;

(ii) a 4–year degree in mechanical engineering from an accredited university or college;

(iii) licensure as a professional engineer and 6 months of documented experience as a Grade 3, Grade 4, or Grade 5 stationary engineer; or

(iv) a valid marine engineer’s certificate or chief petty officer’s certificate from the United States Navy.

(3) An applicant for a Grade 3 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:

(i) 2 years of documented experience as an active Grade 4 or Grade 5 stationary engineer;

(ii) 1 year of documented experience as an active Grade 4 or Grade 5 engineer and 6 credit hours or continuing education units of classes in boiler operations or safety; or

(iii) a valid marine engineer’s certificate or chief petty officer’s certificate from the United States Navy.

(4) An applicant for a Grade 4 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:

(i) 6 months of documented experience as an active Grade 5 stationary engineer; or

(ii) 3 credit hours or continuing education units of classes in boiler operations or safety.

(5) An applicant for a Grade 5 stationary engineer’s examination qualifies under this section if the applicant possesses a high school diploma or graduate equivalence diploma.
Md. Code, Tax - Property § 6.5-201 — MD Code / Article gtp / Title 6.5 / Subtitle 2 / Section 6.5-201
§6.
Status: in_force

§6.5–201.

(a) Beginning in fiscal year 2019 and each fiscal year thereafter, the State shall pay to each county an amount equal to the county property tax rate multiplied by the assessed value, as determined by the Department, of the State forests, State parks, and wildlife management areas in the county that are exempt from the property tax under § 7–210 of this article.

(b) (1) Except as provided in paragraph (2) of this subsection, land that is part of a State forest, State park, or wildlife management area at any time during a fiscal year and exempt from the property tax under § 7–210 of this article shall be included when calculating the amount that the State shall pay a county under subsection (a) of this section.

(2) The following may not be included when calculating the amount that the State shall pay a county under subsection (a) of this section:

(i) property that is subject to property tax under § 6–102 of this article;

(ii) property that is exempt from property tax in accordance with § 7–501 of this article;

(iii) State property for which a payment in lieu of tax agreement is in effect under § 7–211(c) or § 7–501 of this article; or

(iv) the portion of Deep Creek Lake State Park that is attributable to payments required under § 5–215 of the Natural Resources Article.
Md. Code, Housing and Community Development § 6.5-105 — MD Code / Article ghs / Title 6.5 / Subtitle 1 / Section 6.5-105
§6.
Status: in_force

§6.5–105. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 74 OF 2021 //

(a) In this section, “Fund” means the Digital Inclusion Fund.

(b) There is a Digital Inclusion Fund.

(c) The purpose of the Fund is to provide a competitive grant program to support capacity building for local governments and nonprofit organizations seeking to close the digital divide in Maryland by furthering access to high–speed Internet and to implement programs to expand digital literacy.

(d) (1) The Office shall administer the Fund.

(2) The Office shall work with other offices within the Department and the Department of Commerce to adopt regulations specifying:

(i) procedures for applying for financial assistance; and

(ii) priorities for allocating, selecting, and distributing financial assistance from the Fund.

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

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

(f) The Fund consists of:

(1) money appropriated by the State to the Fund;

(2) financial assistance provided to the State by the federal government for the Fund;

(3) interest earnings; and

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

(g) (1) The Fund may be used only to distribute grants not to exceed $500,000 to local governments and nonprofit corporations that are working to further the goals of the Office, including:

(i) providing training to residents in the use of digital tools;

(ii) enhancing the capacity of communities to access government services, participate in civic matters, and pursue educational opportunities;

(iii) researching populations with low adoption rates for home Internet and computers; and

(iv) other digital inclusion or equity goals identified in the statewide plan.

(2) Money in the Fund may not be used for increasing broadband Internet infrastructure.

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

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

(i) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, State Government § 6.5-101 — MD Code / Article gsg / Title 6.5 / Subtitle 1 / Section 6.5-101
§6.
Status: in_force

§6.5–101.

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

(b) “Acquisition” means:

(1) a sale, lease, transfer, merger, or joint venture that results in the disposal of the assets of a nonprofit health entity to a for–profit corporation or entity or to a mutual benefit corporation or entity when a substantial or significant portion of the assets of the nonprofit health entity are involved or will be involved in the agreement or transaction;

(2) a transfer of ownership, control, responsibility, or governance of a substantial or significant portion of the assets, operations, or business of the nonprofit health entity to any for–profit corporation or entity or to any mutual benefit corporation or entity;

(3) a public offering of stock; or

(4) a conversion to a for–profit entity.

(c) “Administration” means the Maryland Insurance Administration.

(d) “Department” means the Maryland Department of Health.

(e) “Health maintenance organization” has the meaning stated in § 19–701 of the Health – General Article.

(f) “Hospital” has the meaning stated in § 19–301 of the Health – General Article.

(g) “Nonprofit health entity” means:

(1) a nonprofit hospital;

(2) a nonprofit health service plan; or

(3) a nonprofit health maintenance organization.

(h) “Nonprofit health service plan” means a corporation without capital stock with a certificate of authority from the Insurance Commissioner to operate as a nonprofit health service plan or a nonprofit dental plan.

(i) “Public assets” includes:

(1) assets held for the benefit of the public or the community;

(2) assets in which the public has an ownership interest; and

(3) assets owned by a governmental entity.

(j) “Regulating entity” means:

(1) for an acquisition of a nonprofit hospital, the Attorney General in consultation with the Department;

(2) for an acquisition of a nonprofit health service plan, the Administration; and

(3) for an acquisition of a nonprofit health maintenance organization, the Administration.

(k) “Transferee” means the person in an acquisition that receives the ownership or control of the nonprofit health entity that is the subject of the acquisition.

(l) “Transferor” means the nonprofit health entity that is the subject of the acquisition, or the corporation that owns the nonprofit health entity that is the subject of the acquisition.
Md. Code, Business Occupations and Professions § 6.5-501 — MD Code / Article gbo / Title 6.5 / Subtitle 5 / Section 6.5-501
§6.
Status: in_force

§6.5–501.

This title may be cited as the “Maryland Stationary Engineers Act”.
Md. Code, Business Occupations and Professions § 6.5-306.1 — MD Code / Article gbo / Title 6.5 / Subtitle 3 / Section 6.5-306.1
§6.
Status: in_force

§6.5–306.1.

(a) Subject to subsection (b) of this section, the Board may authorize an applicant to take an examination for:

(1) a Grade 1 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(e) of this subtitle for 5 or more consecutive years immediately prior to the date of application;

(2) a Grade 2 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(d) of this subtitle for 3 or more consecutive years immediately prior to the date of application;

(3) a Grade 3 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(c) of this subtitle for 2 or more consecutive years immediately prior to the date of application; or

(4) a Grade 4 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(b) of this subtitle for 6 or more consecutive months immediately prior to the date of application.

(b) The Board may authorize an individual to take an examination under this section only if the applicant submits to the Board:

(1) an examination application on the form that the Board provides;

(2) an application fee set by the Board;

(3) proof of eligibility for the applicable application; and

(4) an application for the applicable license in accordance with the provisions of this title.
Md. Code, Business Occupations and Professions § 6.5-207 — MD Code / Article gbo / Title 6.5 / Subtitle 2 / Section 6.5-207
§6.
Status: in_force

§6.5–207.

(a) Subject to subsection (b) of this section, the Board may set by regulation reasonable fees for its services.

(b) Except for examination fees, which may not exceed the costs of administering the examination, the fees charged shall be:

(1) set so as to produce funds to approximate the cost of maintaining the Board; and

(2) based on the calculations performed by the Secretary under § 2–106.10 of the Business Regulation Article.

(c) The Board shall publish a schedule of the fees set by the Board.

(d) (1) The Board shall pay all fees collected under this title to the Comptroller.

(2) The Comptroller shall distribute the fees to the Occupational Mechanical Licensing Boards’ Fund established in § 2–106.9 of the Business Regulation Article.
Md. Code, Housing and Community Development § 6.5-103 — MD Code / Article ghs / Title 6.5 / Subtitle 1 / Section 6.5-103
§6.
Status: in_force

§6.5–103. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 74 OF 2021 //

(a) The Governor shall appoint the Director of the Office.

(b) The Director:

(1) serves at the pleasure of the Governor; and

(2) reports to both the Secretary and the Governor.

(c) The Director shall work closely with the Secretary of Commerce and the State Superintendent of Schools to harmonize the efforts of the Office with the economic development aspects of digital infrastructure and with the needs of local education agencies.
Md. Code, State Government § 6.5-306 — MD Code / Article gsg / Title 6.5 / Subtitle 3 / Section 6.5-306
§6.
Status: in_force

§6.5–306.

(a) Before a public or nonprofit charitable entity or trust may receive a distribution of public or charitable assets in accordance with an agreement, contract, or transaction approved by the regulating entity under this subtitle, it shall have mechanisms in place to:

(1) avoid conflicts of interest; and

(2) prohibit the making of grants that would benefit:

(i) the public or nonprofit charitable entity’s or trust’s board of directors;

(ii) the public or nonprofit charitable entity’s or trust’s management;

(iii) the for-profit stock entity; or

(iv) a mutual entity.

(b) A public or nonprofit charitable entity or trust that receives a distribution of public or charitable assets shall submit an annual report to the office regarding the grant-making and other charitable activities of the entity related to its use of the public or charitable assets received.

(c) The annual report submitted under subsection (b) of this section shall be made available to the public at the principal office of the public or nonprofit charitable entity or trust.
Md. Code, State Government § 6.5-303 — MD Code / Article gsg / Title 6.5 / Subtitle 3 / Section 6.5-303
§6.
Status: in_force

§6.5–303.

In determining whether to approve an acquisition of a nonprofit health service plan or a nonprofit health maintenance organization, the Administration shall consider:

(1) the criteria listed in § 6.5–301 of this subtitle; and

(2) whether the acquisition:

(i) is equitable to enrollees, insureds, shareholders, and certificate holders, if any, of the transferor;

(ii) is in compliance with Title 2, Subtitle 6 of the Corporations and Associations Article; and

(iii) ensures that the transferee will possess surplus in an amount sufficient to:

1. comply with the surplus required under law; and

2. provide for the security of the transferee’s certificate holders and policyholders.
Md. Code, State Government § 6.5-304 — MD Code / Article gsg / Title 6.5 / Subtitle 3 / Section 6.5-304
§6.
Status: in_force

§6.5–304.

(a) A corporation that becomes a for-profit health entity under this title may not be deemed to have abandoned its corporate status by virtue of an acquisition unless the acquisition provides specifically to the contrary.

(b) The certificate of authority, agent appointments, licenses, forms, and any other filings in existence at the time of an acquisition shall continue in full force and effect upon an acquisition if a corporation at all times remains qualified to engage in business in the State.

(c) All outstanding contracts of a transferor shall remain in full force and effect and need not be otherwise endorsed unless ordered by the regulating entity.
Md. Code, Business Regulation § 6.5-103 — MD Code / Article gbr / Title 6.5 / Subtitle 1 / Section 6.5-103
§6.
Status: in_force

§6.5–103.

(a) If the Secretary of State and the Attorney General find or have reasonable grounds to believe that a person has misapplied, diverted, or wasted a charitable asset or breached a fiduciary or other legal duty in the governance, management, or administration of a charitable asset, the Secretary of State and the Attorney General may enter into a settlement agreement that includes:

(1) payment by the responsible party of the value by which the charitable asset has been diminished; or

(2) transfer of the charitable asset to another charitable organization consistent with the charitable asset’s charitable purpose.

(b) The Attorney General may sue in the circuit court for the county in which the alleged violation occurred for an order that:

(1) restrains the responsible party from misapplying, diverting, or wasting a charitable asset in the State; and

(2) secures:

(i) payment of the value by which the charitable asset has been diminished; or

(ii) transfer of the charitable asset to another charitable organization consistent with the charitable asset’s charitable purpose.

(c) The remedies under this section are in addition to and do not limit the powers and duties of the Secretary of State and the Attorney General under § 6–205 of this article or § 6.5–102 of this title.
Md. Code, Business Occupations and Professions § 6.5-502 — MD Code / Article gbo / Title 6.5 / Subtitle 5 / Section 6.5-502
§6.
Status: in_force

§6.5–502.

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2034.
Md. Code, Business Occupations and Professions § 6.5-404 — MD Code / Article gbo / Title 6.5 / Subtitle 4 / Section 6.5-404
§6.
Status: in_force

§6.5–404.

(a) A person who violates § 6.5-401, § 6.5-402, or § 6.5-403 of this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both; and

(2) on a second or subsequent conviction, a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.

(b) (1) Except as otherwise provided by this title, the Board may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.

(2) In setting the amount of the penalty, the Board shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the violator;

(iv) any history of previous violations by the violator; and

(v) any other relevant factors.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.
Md. Code, State Government § 6.5-201 — MD Code / Article gsg / Title 6.5 / Subtitle 2 / Section 6.5-201
§6.
Status: in_force

§6.5–201.

(a) (1) A person that seeks to engage in an acquisition of a nonprofit health entity shall submit an application to the appropriate regulating entity.

(2) The application submitted under paragraph (1) of this subsection shall be in addition to any other filing required by law.

(b) An application shall include:

(1) the name of the transferor;

(2) the name of the transferee;

(3) the names of any other parties to the acquisition agreement;

(4) the terms of the proposed acquisition, including the sale price;

(5) a copy of the acquisition agreement;

(6) a financial and community impact analysis report from an independent expert or consultant that addresses the criteria in § 6.5-301 of this title;

(7) an independent valuation of the nonprofit health entity that was obtained prior to the consideration of any bid or offer to acquire the nonprofit health entity;

(8) an antitrust analysis prepared by an appropriate expert; and

(9) any other documents related to the acquisition.

(c) (1) On request to the regulating entity, and subject to paragraphs (2), (3), and (4) of this subsection, an application and related documents shall be available for public inspection and copying.

(2) Except as provided in paragraphs (3) and (4) of this subsection or otherwise by law, all information and documents that are filed with the regulating entity in compliance with the requirements of this title or that are reported to, obtained by, or otherwise disclosed to the regulating entity or any other person in the course of an examination or investigation made under this title:

(i) are confidential material;

(ii) are not subject to subpoena; and

(iii) may not be made public by the regulating entity or any other person.

(3) Material that otherwise is confidential under paragraph (2) of this subsection may be made public by any person to whom the nonprofit health entity to which the material relates gives prior written consent.

(4) If, after giving a nonprofit health entity notice and an opportunity to be heard, the regulating entity determines that it is in the interest of the policyholders, stockholders, or the public to make public any material relating to the nonprofit health entity that otherwise is confidential under paragraph (2) of this subsection, the regulating entity may make public all or part of the material in an appropriate manner.