Md. Code, Insurance § 27-208 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-208
§27–208.
Status: in_force

(a) (1) A person may not make or allow unfair discrimination between individuals of the same class and equal expectation of life in:

(i) the rates charged for a contract of life insurance or an annuity contract;

(ii) the dividends or other benefits payable on a contract of life insurance or an annuity contract; or

(iii) any of the other terms or conditions of a contract of life insurance or an annuity contract.

(2) (i) Notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for contracts of life insurance or annuity contracts for a reason based on the blindness or other physical handicap or disability of an applicant or policyholder.

(ii) Actuarial justification for the differential may be considered for a physical handicap or disability other than blindness or hearing impairment.

(3) Unless there is actuarial justification, an insurer may not refuse to insure or make or allow a differential in ratings, premium payments, or dividends in connection with life insurance and annuity contracts solely because the applicant or policyholder has the sickle–cell trait, thalassemia–minor trait, hemoglobin C trait, Tay–Sachs trait, or a genetic trait that is harmless in itself.

(4) With respect to a life insurance contract, an insurer may not refuse to insure, refuse to continue to insure, limit the amount or extent or kind of coverage available to an individual, or charge an individual a different rate for the same coverage solely for reasons associated with an applicant’s or insured’s past lawful travel experiences.

(5) (i) Except as provided in subparagraph (ii) of this paragraph, with respect to a life insurance contract, an insurer may not refuse to insure, refuse to continue to insure, limit the amount or extent or kind of coverage available to an individual, or charge an individual a different rate for the same coverage solely for reasons associated with an applicant’s or insured’s future lawful travel.

(ii) 1. Subparagraph (i) of this paragraph does not prohibit an insurer from excluding or limiting coverage of specific future lawful travel, or charging a differential rate for such coverage, when bona fide differences in risk or exposure have been substantiated by the use of relevant data from at least one independent reliable source, including statistical or other mathematical analysis of available data that establishes a material variation in actual or reasonably anticipated experience that correlates to the risk of specific future lawful travel.

2. Travel advisories issued by the United States Department of State do not qualify as the sole source of data for purposes of this subparagraph.

3. An insurer shall:

A. maintain the data and documents that support the insurer’s determination that bona fide differences in risk or exposure exist; and

B. make the data and documents available on request by the Commissioner.

(b) (1) A person may not make or allow unfair discrimination between individuals of the same class and of essentially the same hazard:

(i) in the amount of premium, policy fees, or rates charged for a policy or contract of health insurance;

(ii) in the benefits payable under a policy or contract of health insurance;

(iii) in any of the terms or conditions of a policy or contract of health insurance; or

(iv) in any other manner.

(2) Notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for a reason based on the sex of an applicant or policyholder unless there is actuarial justification for the differential.

(3) (i) Except as provided in § 27-909 of this title and notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for contracts of health insurance for a reason based on the blindness or other physical handicap or disability of an applicant or policyholder.

(ii) Except as provided in § 27-909 of this title, actuarial justification for the differential may be considered for a physical handicap or disability other than blindness or hearing impairment.
Md. Code, Insurance § 27-801 — MD Code / Article gin / Title 27 / Subtitle 8 / Section 27-801
§27–801.
Status: in_force

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

(b) “Fraud Division” means the Insurance Fraud Division in the Administration.

(c) “Insurance fraud” means:

(1) a violation of Subtitle 4 of this title;

(2) theft, as set out in §§ 7–101 through 7–104 of the Criminal Law Article:

(i) from a person regulated under this article; or

(ii) by a person regulated under this article or an officer, director, agent, or employee of a person regulated under this article;

(3) a violation of § 9–1106 of the Labor and Employment Article; or

(4) any other fraudulent activity that is committed by or against a person regulated under this article and is a violation of:

(i) Title 1, Subtitle 3 of the Agriculture Article;

(ii) Title 19, Subtitle 2 or Subtitle 3 of the Business Regulation Article;

(iii) Title 14, Subtitle 29, § 11–810 or § 14–1317 of the Commercial Law Article;

(iv) the Criminal Law Article other than Title 8, Subtitle 2, Part II or § 10–614;

(v) Title 12, Subtitle 9 of the Financial Institutions Article;

(vi) § 14–127 of the Real Property Article;

(vii) § 6–301 of the Alcoholic Beverages and Cannabis Article;

(viii) § 109 of the Code of Public Local Laws of Caroline County;

(ix) § 4–103 of the Code of Public Local Laws of Carroll County; or

(x) § 8A–1 of the Code of Public Local Laws of Talbot County.
Md. Code, Alcoholic Beverages and Cannabis § 27-801 — MD Code / Article gab / Title 27 / Subtitle 8 / Section 27-801
§27–801.
Status: in_force

The wine that may be sold under a beer and wine license may not contain more than 22% of alcohol by volume.
Md. Code, Insurance § 27-601.2 — MD Code / Article gin / Title 27 / Subtitle 6 / Section 27-601.2
§27–601.
Status: in_force

§27–601.2.

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

(2) “Delivered by electronic means” includes:

(i) delivery to an electronic mail address at which a party has consented to receive notice; and

(ii) posting on an electronic network, together with separate notice to a party directed to the electronic mail address at which the party has consented to receive notice of the posting.

(3) “Party” means an applicant, an insured, or a policyholder.

(b) Subject to subsection (d) of this section, any notice to a party required under this subtitle may be delivered by electronic means provided the process used to obtain consent of the party to have notice delivered by electronic means meets the requirements of Title 21, Subtitle 1 of the Commercial Law Article.

(c) Delivery of a notice in accordance with subsection (b) of this section shall be considered equivalent to any delivery method required under this subtitle, including delivery by first–class mail, certified mail, or a first–class mail tracking method.

(d) A notice may be delivered by electronic means by an insurer to a party under this section if:

(1) the party has affirmatively consented to that method of delivery and has not withdrawn the consent;

(2) the party, before giving consent, is provided with a clear and conspicuous statement:

(i) informing the party of:

1. any right or option of the party to have the notice provided or made available in paper or another nonelectronic form;

2. the right of the party to withdraw consent to have notice delivered by electronic means and any fees, conditions, or consequences imposed in the event consent is withdrawn;

3. whether the party’s consent applies:

A. only to the particular transaction as to which the notice must be given; or

B. to identified categories of notices that may be delivered by electronic means during the course of the parties’ relationship;

4. A. how, after consent is given, the party may obtain a paper copy of a notice delivered by electronic means; and

B. the fee, if any, for the paper copy; and

5. the procedures the party must use to withdraw consent to have notice delivered by electronic means and to update information needed to contact the party electronically;

(3) the party:

(i) before giving consent, is provided with a statement of the hardware and software requirements for access to and retention of a notice delivered by electronic means; and

(ii) consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates that the party can access information in the electronic form that will be used for notices delivered by electronic means as to which the party has given consent; and

(4) after consent of the party is given, the insurer, in the event a change in the hardware or software requirements needed to access or retain a notice delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice to which the consent applies:

(i) provides the party with a statement of:

1. the revised hardware and software requirements for access to and retention of a notice delivered by electronic means; and

2. the right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under item (2)(i)2 of this subsection; and

(ii) complies with item (2) of this subsection.

(e) This section does not affect the content or timing of any notice required under this subtitle.

(f) If a provision of this subtitle requiring notice to be provided to a party expressly requires verification or acknowledgment of receipt of the notice, the notice may be delivered by electronic means only if the method used provides for verification or acknowledgment of receipt.

(g) The legal effectiveness, validity, or enforceability of any contract or policy of insurance executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party in accordance with subsection (d)(3)(ii) of this section.

(h) (1) A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice delivered by electronic means to the party before the withdrawal of consent is effective.

(2) A withdrawal of consent by a party is effective within a reasonable period of time after receipt of the withdrawal by the insurer.

(3) Failure to comply with subsection (d)(4) of this section may be treated, at the election of the party, as a withdrawal of consent for purposes of this section.

(i) This section does not apply to a notice delivered by an insurer in an electronic form before October 1, 2011, to a party who, before October 1, 2011, has consented to receive notice in an electronic form otherwise allowed by law.

(j) If the consent of a party to receive notice in an electronic form is on file with an insurer before October 1, 2011, the insurer shall notify the party of:

(1) the notices that may be delivered by electronic means under this section; and

(2) the party’s right to withdraw consent to have notices delivered by electronic means.

(k) (1) Except as otherwise provided by law, if an oral communication or a recording of an oral communication can be reliably stored and reproduced by an insurer, the oral communication or recording may qualify as a notice delivered by electronic means for purposes of this section.

(2) If a provision of this subtitle requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to or logically associated with the signature or record.

(l) This section may not be construed to modify, limit, or supersede the provisions of the federal Electronic Signatures in Global and National Commerce Act relating to the use of an electronic record to provide or make available information that is required to be provided or made available in writing to a party.
Md. Code, Insurance § 27-804 — MD Code / Article gin / Title 27 / Subtitle 8 / Section 27-804
§27–804.
Status: in_force

(a) Each viatical settlement provider shall have in place an antifraud plan reasonably calculated to detect, prosecute, and prevent fraudulent viatical settlement acts.

(b) Within 30 days after instituting or modifying an antifraud plan, the viatical settlement provider shall notify the Commissioner in writing.

(c) Each antifraud plan shall include:

(1) the use of fraud investigators;

(2) a description of the procedures for detecting and investigating possible fraudulent viatical settlement acts and procedures for resolving material inconsistencies between medical records and insurance applications;

(3) a description of the procedures for reporting possible fraudulent viatical settlement acts to the Commissioner;

(4) a description of the plan for antifraud education and training of underwriters, and other personnel; and

(5) a description or chart outlining the organizational arrangement of the antifraud personnel who are responsible for the investigation and reporting of possible fraudulent viatical settlement acts and investigating unresolved material inconsistencies between medical records and insurance applications.

(d) An antifraud plan submitted to the Commissioner shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action.

(e) (1) Each viatical settlement provider shall file its antifraud plan with the Commissioner.

(2) The Commissioner may review each antifraud plan to determine whether it complies with the requirements of this section.

(3) An antifraud plan is deemed approved unless disapproved by the Commissioner within 30 days after the date of filing.

(f) (1) If the Commissioner finds that an antifraud plan does not comply with the requirements of this section, the Commissioner shall disapprove the antifraud plan and send a notice of disapproval, including the reasons for disapproval, to the viatical settlement provider.

(2) If the Commissioner disapproves an antifraud plan, the viatical settlement provider shall submit a new antifraud plan to the Commissioner within 60 days after the date of disapproval.

(g) It is a violation of this subtitle if the Commissioner finds that a viatical settlement provider has failed to:

(1) file an antifraud plan;

(2) file a revised antifraud plan after disapproval by the Commissioner of the initial antifraud plan; or

(3) comply with the antifraud plan filed by the viatical settlement provider.
Md. Code, State Personnel and Pensions § 27-204 — MD Code / Article gsp / Title 27 / Subtitle 2 / Section 27-204
§27–204.
Status: in_force

(a) Membership ends if the member:

(1) is separated from employment for more than 4 years;

(2) withdraws the member’s accumulated contributions;

(3) becomes a retiree; or

(4) dies.

(b) A former member who withdraws accumulated contributions does not have further rights under the Judges’ Retirement System.
Md. Code, Alcoholic Beverages and Cannabis § 27-203 — MD Code / Article gab / Title 27 / Subtitle 2 / Section 27-203
§27–203.
Status: in_force

The County Commissioners shall designate a chair from among the members of the Board.
Md. Code, Insurance § 27-501 — MD Code / Article gin / Title 27 / Subtitle 5 / Section 27-501
§27–501.
Status: in_force

(a) (1) An insurer or insurance producer may not cancel or refuse to underwrite or renew a particular insurance risk or class of risk for a reason based wholly or partly on race, color, creed, sex, or blindness of an applicant or policyholder or for any arbitrary, capricious, or unfairly discriminatory reason.

(2) Except as provided in this section, an insurer or insurance producer may not cancel or refuse to underwrite or renew a particular insurance risk or class of risk except by the application of standards that are reasonably related to the insurer’s economic and business purposes.

(b) (1) An insurer may not require special conditions, facts, or situations as a condition to its acceptance or renewal of a particular insurance risk or class of risks in an arbitrary, capricious, unfair, or discriminatory manner based wholly or partly on race, creed, color, sex, religion, national origin, place of residency, blindness, or other physical handicap or disability.

(2) Actuarial justification may be considered with respect to sex.

(c) (1) Except as provided in paragraph (2) of this subsection, an insurer or insurance producer may not make an inquiry about race, creed, color, or national origin in an insurance form, questionnaire, or other manner of requesting general information that relates to an application for insurance.

(2) Subject to § 27–914 of this title, an insurer that provides health insurance, a nonprofit health service plan, or a health maintenance organization may make an inquiry about race and ethnicity in an insurance form, questionnaire, or other manner requesting general information, provided the information is used solely for the evaluation of quality of care outcomes and performance measurements, including the collection of information required under § 19–134 of the Health – General Article.

(d) (1) (i) With respect to automobile liability insurance, an insurer may not:

1. cancel, refuse to renew, or otherwise terminate coverage for an automobile insurance risk because of a claim, traffic violation, or traffic accident that occurred more than 3 years before the effective date of the policy or renewal;

2. refuse to underwrite an automobile insurance risk because of a claim, traffic violation, or traffic accident that occurred more than 3 years before the date of application; or

3. subject to subparagraph (ii) of this paragraph, cancel, refuse to renew, or otherwise terminate coverage for a private passenger motor vehicle insurance policy because of a claim under the towing or emergency roadside service coverage in the policy.

(ii) An insurer may:

1. remove the towing or emergency roadside service coverage at renewal from a private passenger motor vehicle insurance policy based on the number of claims made under the towing or emergency roadside service coverage in a manner that complies with § 27–613 of this title; and

2. increase the premium of the private passenger motor vehicle insurance policy as a result of a towing or emergency roadside service claim in accordance with its filed rates in a manner that complies with § 11–317 of this article and § 27–614 of this title.

(2) With respect to homeowner’s insurance, an insurer may not:

(i) cancel, refuse to renew, or otherwise terminate coverage for a homeowner’s insurance risk because of a claim that occurred more than 3 years before the effective date of the policy or renewal; or

(ii) refuse to underwrite a homeowner’s insurance risk because of a claim that occurred more than 3 years before the date of application.

(3) An insurer may cancel a policy of homeowner’s insurance under which a onetime guaranteed fully refundable deposit is required for a stated amount of coverage, if the cancellation:

(i) takes effect on the anniversary date of the inception of the policy;

(ii) is not based on a claim that occurred more than 3 years before the anniversary date of the policy on which the proposed cancellation would take effect; and

(iii) is otherwise in accordance with this subtitle.

(4) This subsection does not apply to a claim involving conviction of the insured or applicant for fraud or arson.

(e) An insurer may not refuse to underwrite a private passenger motor vehicle insurance risk solely because the applicant or named insured previously obtained insurance coverage from any authorized insurer or the Maryland Automobile Insurance Fund.

(e–1) An insurer may not require a particular payment plan for an insured for coverage under a private passenger or homeowner’s insurance policy based on the credit history of the insured.

(e–2) (1) In this subsection, “credit history” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of determining personal lines insurance premiums or eligibility for coverage.

(2) With respect to homeowner’s insurance, an insurer may not:

(i) refuse to underwrite, cancel, or refuse to renew a risk based, in whole or in part, on the credit history of an applicant or insured;

(ii) rate a risk based, in whole or in part, on the credit history of an applicant or insured in any manner, including:

1. the provision or removal of a discount;

2. assigning the insured or applicant to a rating tier; or

3. placing an insured or applicant with an affiliated company; or

(iii) require a particular payment plan based, in whole or in part, on the credit history of the insured or applicant.

(3) (i) With respect to private passenger motor vehicle insurance, an insurer may not:

1. refuse to underwrite, cancel, refuse to renew, or increase the renewal premium based, in whole or in part, on the credit history of the insured or applicant; or

2. require a particular payment plan based, in whole or in part, on the credit history of the insured or applicant.

(ii) 1. An insurer may, subject to paragraphs (4) and (5) of this subsection, use the credit history of an applicant to rate a new policy of private passenger motor vehicle insurance.

2. For purposes of this subsection, rating includes:

A. the provision or removal of a discount;

B. assigning the applicant to a rating tier; or

C. placing an applicant with an affiliated company.

(4) With respect to private passenger motor vehicle insurance, an insurer that rates a new policy based, in whole or in part, on the credit history of the applicant:

(i) may not use a factor on the credit history of the applicant that occurred more than 5 years prior to the issuance of the new policy;

(ii) 1. shall advise an applicant at the time of application that credit history is used; and

2. shall, on request of the applicant, provide a premium quotation that separately identifies the portion of the premium attributable to the applicant’s credit history;

(iii) may not use the following factors in rating the policy:

1. the absence of credit history or the inability to determine the applicant’s credit history; or

2. the number of credit inquiries about an applicant’s credit history;

(iv) 1. shall review the credit history of an insured who was adversely impacted by the use of the insured’s credit history at the initial rating of the policy:

A. every 2 years; or

B. on request of the insured; and

2. shall adjust the premium of an insured whose credit history was reviewed under this subparagraph to reflect any improvement in the insured’s credit history; or

(v) shall disclose to the applicant at the time of the issuance of a policy that the insurer is required to:

1. review the credit history of an insured who was adversely impacted by the use of the insured’s credit history at the initial rating or underwriting of the policy:

A. every 2 years; or

B. on request of the insured; and

2. adjust the premium of an insured whose credit history was reviewed to reflect any improvement in the insured’s credit history.

(5) With respect to private passenger motor vehicle insurance, an insurer that rates a new policy based, in whole or in part, on the credit history of the applicant may, if actuarially justified, provide a discount of up to 40% or impose a surcharge of up to 40%.

(6) With respect to private passenger motor vehicle insurance, an insurer may not increase the premium for an insured who becomes a surviving spouse based solely on the insured’s change in marital status.

(7) With respect to homeowner’s insurance, an insurer may not increase the premium for an insured who becomes a surviving spouse based solely on the insured’s change in marital status.

(8) (i) At the time a policy of private passenger motor vehicle insurance is initially issued, an insurer may consider the applicant’s homeowner’s insurance claim history when rating the policy.

(ii) At renewal, an insurer may not increase the premium for a policy of private passenger motor vehicle insurance based on a homeowner’s insurance claim.

(9) (i) At the time a policy of homeowner’s insurance is initially issued, an insurer may consider the applicant’s motor vehicle claim history when rating the policy.

(ii) At renewal, an insurer may not increase the premium for a policy of homeowner’s insurance based on a private passenger motor vehicle insurance claim.

(f) Except as provided in § 27–505(a)(2) of this subtitle, in the case of cancellation of or refusal to renew a policy, the policy remains in effect until a finding is issued under § 27–505 of this subtitle if:

(1) the insured asks the Commissioner to review the cancellation or refusal to renew before the effective date of the termination of the policy; and

(2) the Commissioner begins action to issue a finding under § 27–505 of this subtitle.

(g) At a hearing to determine whether this section has been violated, the burden of persuasion is on the insurer to show that the cancellation or refusal to underwrite or renew is justified under the underwriting standards demonstrated.

(h) (1) This subsection applies to insurance underwriting standards for all health, life, disability, property, and casualty coverages provided in the State.

(2) At the request of the Commissioner, each insurer, nonprofit health service plan, and health maintenance organization shall file with the Commissioner a copy of its underwriting standards, including any amendments or supplements.

(3) The Commissioner may review and examine the underwriting standards to ensure compliance with this article.

(4) Each insurer, nonprofit health service plan, and health maintenance organization may request a finding by the Commissioner that its underwriting standards filed with the Commissioner be considered confidential commercial information under § 4–335 of the General Provisions Article.

(5) The Commissioner shall adopt regulations to carry out this subsection.

(i) (1) Except as provided in paragraph (2) of this subsection, with respect to homeowner’s insurance, an insurer may not cancel or refuse to renew coverage for homeowner’s insurance based on the claims history of an insured for weather–related claims, unless there were three or more weather–related claims within the preceding 3–year period.

(2) An insurer may consider claims for weather–related events for the purpose of canceling or refusing to renew coverage if the insurer provided written notice to the insured for reasonable or customary repairs or replacement specific to the insured’s premises or dwelling which the insured failed to make and which, if made, would have prevented the loss for which a claim was made.

(j) (1) In the case of homeowner’s insurance, standards reasonably related to an insurer’s economic and business purpose under subsection (a)(2) of this section, include, but are not limited to, the following and do not require statistical validation:

(i) a material misrepresentation in connection with the application, policy, or presentation of a claim;

(ii) nonpayment of premium;

(iii) a change in the physical condition or contents of the premises or dwelling which results in an increase in a hazard insured against and which, if present and known to the insurer prior to the issuance of the policy, the insurer would not have issued the policy;

(iv) conviction:

1. within the preceding 5–year period, of arson; or

2. within the preceding 3–year period, of a crime which directly increases the hazard insured against;

(v) subject to subsection (i) of this section, the claims history of the insured where the insured makes more than three claims in the preceding 3–year period;

(vi) subject to subsection (o)(2) of this section, any other standard approved by the Commissioner that is based on factors that adversely affect the losses or expenses of the insurer under its approved rating plan and for which statistical validation is unavailable or is unduly burdensome to produce; and

(vii) subject to subsection (o)(2) of this section, any other standard set forth in regulations adopted by the Commissioner that is found to be reasonably related to the insurer’s economic and business purposes.

(2) An insurer is not required to produce statistical validation that excludes weather–related claims or that makes any distinction between weather–related claims and nonweather–related claims in order to sustain the insurer’s burden of persuasion under subsection (g) of this section with respect to a cancellation or refusal to renew for a reason that is not listed in this subsection.

(k) With respect to private passenger motor vehicle insurance, an insurer may not cancel or refuse to renew coverage based on the claims history of an insured where two or fewer of the claims within the preceding 3–year period were for accidents or losses where the insured was not at fault for the loss.

(l) (1) In the case of private passenger motor vehicle insurance, standards reasonably related to the insurer’s economic and business purposes under subsection (a)(2) of this section include, but are not limited to, the following and do not require statistical validation:

(i) a material misrepresentation in connection with the application, policy, or presentation of a claim;

(ii) nonpayment of premium;

(iii) subject to § 27–609 of this title, revocation or suspension of the driver’s license or motor vehicle registration within the preceding 2–year period:

1. of the named insured or covered driver under the policy; and

2. for reasons related to the driving record of the driver;

(iv) subject to § 27–609 of this title, two or more motor vehicle accidents or any combination of three or more accidents and moving violations within the preceding 3–year period for which the insured was at fault for the accidents;

(v) subject to § 27–609 of this title, three or more moving violations against the insured or a covered driver under the policy within the preceding 2–year period;

(vi) subject to § 27–609 of this title, conviction of the named insured or a covered driver under the policy of any of the following:

1. a violation of § 21–902(a), (b), (c), or (d) of the Transportation Article;

2. homicide, assault, reckless endangerment, or criminal negligence arising out of the operation of the motor vehicle; or

3. using the motor vehicle to participate in a felony;

(vii) subject to subsection (o)(1) of this section, any other standard approved by the Commissioner that is based on factors that adversely affect the losses or expenses of the insurer under its approved rating plan and for which statistical validation is unavailable or is unduly burdensome to produce; and

(viii) subject to subsection (o)(1) of this section, any other standard set forth in regulations adopted by the Commissioner that is found to be reasonably related to the insurer’s economic and business purposes.

(2) An insurer is not required to produce statistical validation that excludes at fault accidents or that makes any distinction between not at fault accidents and at fault accidents in order to sustain the insurer’s burden of persuasion under subsection (g) of this section with respect to a cancellation or refusal to renew for a reason that is not listed in this subsection.

(m) In the case of commercial insurance or insurance issued or provided by nonadmitted insurers, an insurer is not required to produce statistical validation of its underwriting standards in order to meet its burden of persuasion under this section.

(n) (1) Subject to the requirements of this article, if an insurer considers claims history for the purposes of canceling or refusing to renew coverage, the insurer may consider the following factors in mitigation of the proposed decision without producing statistical validation:

(i) the severity of the losses;

(ii) the length of time that an insured has been a policyholder with the insurer;

(iii) loss mitigation of previous losses; and

(iv) the availability of a higher deductible for the particular policy and types of losses.

(2) If an insurer considers claims history for purposes of canceling or refusing to renew coverage, the insurer shall disclose the practice to an insured at the inception of the policy and at each renewal.

(3) An insurer may comply with the disclosure required at renewal by paragraph (2) of this subsection by sending the notice authorized by § 19–216 of this article.

(o) (1) With respect to private passenger motor vehicle insurance, an insurer may not deny, refuse to renew, or cancel coverage or increase rates for applicants or policyholders who are uniformed services personnel returning from active duty overseas solely because they fail to meet underwriting standards that require continuous coverage unless the failure to maintain continuous coverage existed prior to the applicant’s or policyholder’s assignment to active duty overseas.

(2) With respect to homeowner’s insurance, an insurer may not deny, refuse to renew, or cancel coverage or increase rates for applicants or policyholders who are uniformed services personnel returning from active duty overseas solely because they fail to meet:

(i) underwriting standards that require continuous coverage unless the failure to maintain continuous coverage existed prior to the applicant’s or policyholder’s assignment to active duty overseas; or

(ii) occupancy requirements if the uniformed services personnel can demonstrate that reasonable steps were taken to maintain and protect the property during the applicant’s or policyholder’s assignment to active duty overseas.

(p) (1) In this subsection, “inquiry” means a telephone call or other communication to an insurer regarding the terms and conditions of a homeowner’s insurance policy, including a telephone call or other communication about whether the policy provides coverage for a particular loss or the process for filing a claim.

(2) With respect to homeowner’s insurance, an insurer may not refuse to underwrite a risk, increase a premium, or cancel or refuse to renew coverage based in whole or in part on an inquiry by an insured or an insurance producer on behalf of an insured that does not result in the payment of a claim.

(q) For purposes of this section, with respect to private passenger motor vehicle insurance policies, homeowner’s insurance policies, commercial insurance policies, and workers’ compensation insurance policies, the transfer of a policyholder between admitted insurers within the same insurance holding company system, as defined in § 7–101 of this article, is a renewal if:

(1) the policyholder’s premium does not increase; and

(2) the policyholder does not experience a reduction in coverage.

(r) (1) This subsection applies to homeowner’s insurance, renter’s insurance, and private passenger motor vehicle insurance.

(2) With respect to homeowner’s insurance or renter’s insurance, an insurer may not deny, refuse to renew, or cancel coverage for an applicant or a policyholder solely because the applicant or policyholder does not carry private passenger motor vehicle insurance with the insurer or another insurer in the same insurance holding company system, as defined in § 7–101 of this article.

(3) With respect to private passenger motor vehicle insurance, an insurer may not deny, refuse to renew, or cancel coverage for an applicant or a policyholder solely because the applicant or policyholder does not carry homeowner’s insurance or renter’s insurance with the insurer or another insurer in the same insurance holding company system, as defined in § 7–101 of this article.

(4) This subsection does not prohibit:

(i) an applicant or a policyholder from bundling homeowner’s insurance or renter’s insurance and private passenger motor vehicle insurance policies if the applicant or policyholder chooses to do so; or

(ii) an insurer from offering discounts or other incentives to applicants or policyholders who choose to bundle homeowner’s insurance or renter’s insurance and private passenger motor vehicle insurance policies.

(s) (1) This subsection applies only to life insurance, disability insurance, or long–term care insurance.

(2) An insurer may not, based solely on the status of an applicant or individual as an organ donor:

(i) cancel, refuse to underwrite or renew, or refuse to issue an insurance policy;

(ii) refuse to pay a claim, cancel, or otherwise terminate an insurance policy;

(iii) increase premium rates for an insurance policy; or

(iv) add a surcharge, apply a rating factor, or use any other underwriting practice that adversely takes the information into account.

(3) With respect to all other medical conditions, an applicant or individual who is an organ donor shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as an applicant or individual who is not an organ donor.

(4) An insurer may not prohibit an applicant or individual from donating all or part of an organ as a condition of insurance.

(t) With respect to private passenger motor vehicle insurance, an insurer may not require an applicant or a policyholder to participate in a program that measures the operation of an insured vehicle as a condition for underwriting a private passenger motor vehicle insurance risk unless the insurer:

(1) only offers private passenger motor vehicle insurance products that require insureds to participate in a program that measures the operation of an insured vehicle;

(2) discloses the information in item (1) of this subsection to:

(i) the applicant at the time of application; and

(ii) the policyholder at the time of renewal; and

(3) includes the information in item (1) of this subsection in any advertising materials for the insurance products offered by the insurer.

(u) If an applicant for residential condominium unit insurance experiences a lapse in coverage of the applicant’s prior residential condominium unit due to an insurer’s withdrawal from the market, an insurer from whom the applicant seeks new residential condominium unit coverage may not refuse to issue a policy based solely on the applicant’s lapse in coverage on the unit if:

(1) the lapse in coverage was for not longer than 90 days;

(2) if required by the new insurer, the applicant provides an affidavit that the applicant has not incurred any losses during the lapse in coverage; and

(3) the applicant provides any other documentation required by the insurer.
Md. Code, Local Government § 27-601 — MD Code / Article glg / Title 27 / Subtitle 6 / Section 27-601
§27–601.
Status: in_force

(a) The board of drainage commissioners:

(1) shall advertise for bids to construct the drainage project;

(2) shall award the contract for the drainage project to the lowest responsible bidder; and

(3) may reject any or all bids and readvertise for other bids.

(b) The board of drainage commissioners shall set:

(1) the terms for payment with the contractor; and

(2) the amount of the contractor’s bond, which shall be given in favor of the board of drainage commissioners.
Md. Code, Local Government § 27-302 — MD Code / Article glg / Title 27 / Subtitle 3 / Section 27-302
§27–302.
Status: in_force

(a) The board of viewers:

(1) shall make a careful and thorough examination of the land described in the petition and of other land if necessary, to locate properly any improvement that is petitioned for, along the route described in the petition or any other route that is more practicable or feasible;

(2) shall ensure that the land of any person who is seeking to be included in the drainage district has been included in the drainage district; and

(3) may conduct surveys to:

(i) determine the boundaries and elevations of the parts of the district; and

(ii) enable the board of viewers to form a tentative plan for development.

(b) (1) The board of viewers shall make and return to the designated officer a written report that states whether:

(i) the proposed drainage is practicable;

(ii) the proposed drainage will benefit the public health or any public highway or be conducive to the general welfare of the community;

(iii) the proposed drainage project will benefit the land in question sufficiently to warrant the probable expenditure; and

(iv) all the land that will be benefited is included in the proposed drainage district.

(2) The report shall be available for inspection in an office of the designated officer within 30 days after the date on which the designated officer receives the report, unless the county commissioners or county council extend the time period for providing the report.

(c) The report shall include a map of the proposed drainage district that:

(1) shows the location of the ditch or other improvement to be constructed with an estimate of the cost of the improvement;

(2) shows the land that will be affected by the improvement, including the name of each landowner, if the name of the landowner can be obtained; and

(3) provides any other information collected by the board of viewers that supports the board’s findings.
Md. Code, Alcoholic Beverages and Cannabis § 27-1502 — MD Code / Article gab / Title 27 / Subtitle 15 / Section 27-1502
§27–1502.
Status: in_force

The Board may not issue a Class A beer, wine, and liquor license to a person or on behalf of a firm or corporation that has been convicted of a violation of this article.
Md. Code, Public Utilities § 27-108 — MD Code / Article gpu / Title 27 / Subtitle 1 / Section 27-108
§27–108.
Status: in_force

(a) A person may not erect a pole or other structure in the sanitary district for the purpose of carrying wires overhead without first obtaining a permit from the Commission.

(b) The Commission may:

(1) require that plans for the location or construction of the pole or structure be filed with the Commission; and

(2) charge a reasonable fee for the permit.
Md. Code, Local Government § 27-706 — MD Code / Article glg / Title 27 / Subtitle 7 / Section 27-706
§27–706.
Status: in_force

(a) (1) The board of drainage commissioners may impose an assessment on the landowner benefited by the construction of the drainage project to maintain the drainage project.

(2) The assessment under this section shall be imposed in the same manner and in the same proportion as the original assessment under this subtitle, in an amount not to exceed 25% of the original assessment.

(3) The board of drainage commissioners shall use the money that is collected to repair and maintain the drainage project.

(b) (1) The board of drainage commissioners shall impose the cost of any repairs on a landowner if the repair is necessary because of:

(i) an act or negligence of the landowner or an agent or employee of the landowner; or

(ii) the cattle, hogs, or other livestock of the landowner or of an agent or employee of the landowner.

(2) The cost of repairs as provided under paragraph (1) of this subsection shall be collected by suit instituted by the board of drainage commissioners.
Md. Code, Public Utilities § 27-103 — MD Code / Article gpu / Title 27 / Subtitle 1 / Section 27-103
§27–103.
Status: in_force

(a) Sections 27–101 and 27–102 of this title do not limit the Commission’s authority to enter into contracts or agreements with a unit of federal, State, county, or municipal government or with the District of Columbia concerning the matters described in §§ 27–101 and 27–102 of this title, if the agreement or contract is necessary, advisable, or expedient in connection with the construction, maintenance, and operation of the Commission’s water and sewer systems.

(b) Sections 27–101 and 27–102 of this title do not impair the rights of the State Highway Administration concerning Commission or utility use of a State highway, including a road that is constructed in whole or in part with federal funds.
Md. Code, Insurance § 27-1001 — MD Code / Article gin / Title 27 / Subtitle 10 / Section 27-1001
§27–1001.
Status: reserved

(a) In this section, “good faith” means an informed judgment based on honesty and diligence supported by evidence the insurer knew or should have known at the time the insurer made a decision on a claim.

(b) This section applies only to actions under § 3–1701 of the Courts Article.

(c) (1) Except as provided in paragraph (2) of this subsection, a person may not bring or pursue an action under § 3–1701 of the Courts Article in a court unless the person complies with this section.

(2) Paragraph (1) of this subsection does not apply to an action:

(i) within the small claim jurisdiction of the District Court under § 4–405 of the Courts Article;

(ii) if the insured and the insurer agree to waive the requirement under paragraph (1) of this subsection; or

(iii) under a commercial insurance policy on a claim with respect to which the applicable limit of liability exceeds $1,000,000.

(d) (1) A complaint stating a cause of action under § 3–1701 of the Courts Article shall first be filed with the Administration.

(2) The complaint shall:

(i) be accompanied by each document that the insured has submitted to the insurer for proof of loss;

(ii) specify the applicable insurance coverage and the amount of the claim under the applicable coverage; and

(iii) state the amount of actual damages, and the claim for expenses and litigation costs described under subsection (e)(2) of this section.

(3) The Administration shall forward the filing to the insurer.

(4) Within 30 days after the date the filing is forwarded to the insurer by the Administration, the insurer shall:

(i) file with the Administration, except for good cause shown, a written response together with a copy of each document from the insurer’s claim file that enables reconstruction of the insurer’s activities relative to the insured’s claim, including documentation of each pertinent communication, transaction, note, work paper, claim form, bill, and explanation of benefits form relative to the claim; and

(ii) mail to the insured a copy of the response and, except for good cause shown, each document from the insurer’s claim file that enables reconstruction of the insurer’s activities relative to the insured’s claim, including documentation of each pertinent communication, transaction, note, work paper, claim form, bill, and explanation of benefits form relative to the claim.

(e) (1) (i) Within 90 days after the date the filing was received by the Administration, the Administration shall issue a decision that determines:

1. whether the insurer is obligated under the applicable policy to cover the underlying first–party claim;

2. the amount the insured was entitled to receive from the insurer under the applicable policy on the underlying covered first–party claim;

3. whether the insurer breached its obligation under the applicable policy to cover and pay the underlying covered first–party claim, as determined by the Administration;

4. whether an insurer that breached its obligation failed to act in good faith; and

5. the amount of damages, expenses, litigation costs, and interest, as applicable and as authorized under paragraph (2) of this subsection.

(ii) The failure of the Administration to issue a decision within the time specified in subparagraph (i) of this paragraph shall be considered a determination that the insurer did not breach any obligation to the insured.

(2) With respect to the determination of damages under paragraph (1)(i)5 of this subsection:

(i) if the Administration finds that the insurer breached an obligation to the insured, the Administration shall determine the obligation of the insurer to pay:

1. actual damages, which actual damages may not exceed the limits of any applicable policy; and

2. interest on all actual damages incurred by the insured computed:

A. at the rate allowed under § 11–107(a) of the Courts Article; and

B. from the date on which the insured’s claim should have been paid; and

(ii) if the Administration also finds that the insurer failed to act in good faith, the Administration shall also determine the obligation of the insurer to pay:

1. expenses and litigation costs incurred by the insured, including reasonable attorney’s fees, in pursuing recovery under this subtitle; and

2. interest on all expenses and litigation costs incurred by the insured computed:

A. at the rate allowed under § 11–107(a) of the Courts Article; and

B. from the applicable date or dates on which the insured’s expenses and costs were incurred.

(3) An insurer may not be found to have failed to act in good faith under this section solely on the basis of delay in determining coverage or the extent of payment to which the insured is entitled if the insurer acted within the time period specified by statute or regulation for investigation of a claim by an insurer.

(4) The amount of the attorney’s fees determined to be payable to an insured under paragraph (2) of this subsection may not exceed one–third of the actual damages payable to the insured.

(5) The Administration shall serve a copy of the decision on the insured and the insurer in accordance with § 2–204(c) of this article.

(f) (1) If a party receives an adverse decision, the party shall have 30 days after the date of service of the Administration’s decision to request a hearing.

(2) All hearings requested under this section shall:

(i) be referred by the Commissioner to the Office of Administrative Hearings for a final decision under Title 10, Subtitle 2 of the State Government Article;

(ii) be heard de novo; and

(iii) result in a final decision that makes the determinations set forth in subsection (e) of this section.

(3) If no administrative hearing is requested in accordance with paragraph (1) of this subsection, the decision issued by the Administration shall become a final decision.

(g) (1) If a party receives an adverse decision, the party may appeal a final decision by the Administration or an administrative law judge under this section to a circuit court in accordance with § 2–215 of this article and Title 10, Subtitle 2 of the State Government Article.

(2) (i) This paragraph applies only if more than one party receives an adverse decision from the Administration.

(ii) If a party requests a hearing before the Office of Administrative Hearings and another party files an appeal to a circuit court:

1. jurisdiction over the request for hearing is transferred to the circuit court;

2. the request for hearing, the Administration’s decision, and the Administration’s case file, including the complaint, response, and all documents submitted to the Administration, shall be transmitted promptly to the circuit court; and

3. the request for hearing shall be docketed in the circuit court and consolidated for trial with the appeal.

(3) Notwithstanding any other provision of law, an appeal to a circuit court under this section shall be heard de novo.

(h) On or before January 1 of each year beginning in 2009, in accordance with § 2–1257 of the State Government Article, the Administration shall report to the General Assembly on the following for the prior fiscal year:

(1) the number and types of complaints under this section or § 3–1701 of the Courts Article from insureds regarding first–party insurance claims under property and casualty insurance policies;

(2) the number and types of complaints under this section or § 3–1701 of the Courts Article from insureds regarding first–party insurance claims under individual disability insurance policies;

(3) the administrative and judicial dispositions of the complaints described in items (1) and (2) of this subsection;

(4) the number and types of regulatory enforcement actions instituted by the Administration for unfair claim settlement practices under § 27–303(9) or § 27–304(18) of this title; and

(5) the administrative and judicial dispositions of the regulatory enforcement actions for unfair claim settlement practices described under item (4) of this subsection.
Md. Code, State Personnel and Pensions § 27-203 — MD Code / Article gsp / Title 27 / Subtitle 2 / Section 27-203
§27–203.
Status: in_force

(a) Except as provided in subsection (b) of this section, regular interest is payable on member contributions at the rate of 4% a year compounded annually, until retirement or withdrawal of the accumulated contributions.

(b) (1) This subsection applies only to an individual who becomes a member of the Judges’ Retirement System on or after July 1, 2012.

(2) Except as provided in subsection (c) of this section, no further interest shall be paid on member contributions after membership ends if the former member is not eligible to receive a vested allowance under Title 29, Subtitle 3 of this article.

(c) (1) In this subsection, “active member” means a member who is not separated from employment with the State or a participating employer of one of the several systems.

(2) This subsection applies only to an individual who:

(i) is a former member of the Judges’ Retirement System;

(ii) is not eligible to receive a vested allowance from the Judges’ Retirement System under Title 29, Subtitle 3 of this article;

(iii) has not withdrawn the individual’s member contributions from the Judges’ Retirement System; and

(iv) is an active member of one of the several systems.

(3) An individual described in paragraph (2) of this subsection shall receive regular interest at the rate described under subsection (a) of this section on the individual’s member contributions in a nonvested account in the Judges’ Retirement System while the individual is an active member of one of the several systems.
Md. Code, Alcoholic Beverages and Cannabis § 27-2614 — MD Code / Article gab / Title 27 / Subtitle 26 / Section 27-2614
§27–2614.
Status: in_force

Fines imposed in the county shall be paid as follows:

(1) one–half of each fine to the clerk of the court for use as provided in § 7–507 of the Courts Article; and

(2) the other half to the county.
Md. Code, Insurance § 27-207 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-207
§27–207.
Status: in_force

A person may not issue, deliver, or allow an agent, officer, or employee of the person to issue or deliver agency company stock or other capital stock, benefit certificates or shares in a corporation, or an advisory board contract or other similar contract that promises returns and profits as an inducement to insurance.
Md. Code, Insurance § 27-306 — MD Code / Article gin / Title 27 / Subtitle 3 / Section 27-306
§27–306.
Status: in_force

An appeal from an order issued by the Commissioner under this subtitle shall be taken in accordance with § 2-215 of this article.
Md. Code, Insurance § 27-203 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-203
§27–203.
Status: in_force

A person may not make, publish, disseminate, circulate, place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public in a newspaper, magazine, or other publication, in the form of a notice, circular, pamphlet, letter, or poster, over a radio or television station, or in any other way, an advertisement, announcement, or statement that contains an assertion, representation, or statement about the business of insurance or about a person in the conduct of the person’s insurance business that is untrue, deceptive, or misleading.
Md. Code, Local Government § 27-710 — MD Code / Article glg / Title 27 / Subtitle 7 / Section 27-710
§27–710.
Status: in_force

The official bond of the county tax collector:

(1) shall be liable for the faithful performance of the duties assigned to the officer under this subtitle; and

(2) may be increased by the county commissioners or county council at their discretion.
Md. Code, State Personnel and Pensions § 27-202 — MD Code / Article gsp / Title 27 / Subtitle 2 / Section 27-202
§27–202.
Status: in_force

(a) Except as provided in subsection (b) of this section, a member’s contribution rate is 8% of the member’s earnable compensation.

(b) After 16 years of service as a member, a member does not make any further contributions.
Md. Code, Insurance § 27-503 — MD Code / Article gin / Title 27 / Subtitle 5 / Section 27-503
§27–503.
Status: in_force

(a) An insurer may not cancel a written agreement with an insurance producer about insurance or refuse to accept insurance business from the insurance producer unless the insurer complies with this section.

(b) (1) This subsection does not apply to:

(i) policies of life insurance, health insurance, surety insurance, wet marine and transportation insurance, and title insurance; or

(ii) insurance producers or policies of a company or group of companies represented by insurance producers who by contractual agreement represent only that company or group of companies if:

1. the business is owned by the company or group of companies; and

2. the cancellation of any contractual agreement does not result in the cancellation or refusal to renew any policies.

(2) If an insurer intends to cancel a written agreement with an insurance producer or intends to refuse a class of renewal business from an insurance producer, the insurer shall give the insurance producer at least 90 days’ written notice.

(3) Notwithstanding any provision of the agreement to the contrary, the insurer shall continue for at least 2 years after termination of the agency agreement to renew through the insurance producer any of the policies that have not been replaced with other insurers as expirations occur.

(c) An insurer may not cancel or refuse to renew a policy of the insured because of the termination of the insurance producer’s contract.

(d) Notwithstanding any other provision of this section, an insurer may not cancel or amend a written agreement with an insurance producer or refuse to accept business from the insurance producer if the cancellation, amendment, or refusal is arbitrary, capricious, unfair, or discriminatory or is based wholly or partly on the race, creed, color, sex, religion, national origin, or place of residency of the insurance producer or the applicants or policyholders of the insurance producer.

(e) If an insurer or insurance producer that accepts business from an insurance producer acting on behalf of an insured or prospective insured rejects the business of an insurance producer acting on behalf of an insured or prospective insured, the insurer or insurance producer shall give to the Commissioner and the insurance producer acting on behalf of an insured or prospective insured, on request of that insurance producer, the reasons for the rejection in writing.

(f) An insurer may not cancel or amend a written agreement with an insurance producer about property insurance or casualty insurance because of an adverse loss ratio experience on the insurance producer’s book of business if:

(1) the insurer required the insurance producer to submit the application for underwriting approval, all material information on the application was completed, and the insurance producer did not omit or alter any information provided by the applicant; or

(2) the insurer accepted, without prior approval, policies issued by the insurance producer, if all material information on the application for the policy or on the insurer’s copy of any policy issued by the insurance producer was completed and the insurance producer did not omit or alter any information provided by the applicant.
Md. Code, Insurance § 27-904 — MD Code / Article gin / Title 27 / Subtitle 9 / Section 27-904
§27–904.
Status: in_force

An annuity contract may not contain a provision that reduces payments to an individual entitled to receive annuity payments under the contract because the individual receives an increase in Social Security payments.
Md. Code, Local Government § 27-901 — MD Code / Article glg / Title 27 / Subtitle 9 / Section 27-901
§27–901.
Status: in_force

(a) A person may not damage, obstruct, or build any bridge, fence, or floodgate so as to damage any levee, ditch, drain, or watercourse constructed or improved under this title.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding twice the value of the damage.
Md. Code, Insurance § 27-803 — MD Code / Article gin / Title 27 / Subtitle 8 / Section 27-803
§27–803.
Status: in_force

(a) (1) Each authorized insurer that has in force policies or certificates of insurance in the State shall institute and maintain an insurance antifraud plan.

(2) Within 30 days after instituting or modifying an antifraud plan, the authorized insurer shall notify the Commissioner in writing.

(b) Each antifraud plan shall establish specific procedures to:

(1) prevent insurance fraud, including:

(i) internal fraud that involves the authorized insurer’s employees or insurance producers;

(ii) fraud that results from misrepresentations on insurance applications; and

(iii) claims fraud;

(2) report insurance fraud to appropriate law enforcement authorities;

(3) cooperate with the prosecution of insurance fraud cases; and

(4) report fraud–related data to the Commissioner and Fraud Division.

(c) (1) Each authorized insurer that has in force policies or certificates of insurance in the State shall file its antifraud plan with the Commissioner.

(2) The Commissioner may review each antifraud plan to determine whether it complies with the requirements of this section.

(3) An antifraud plan is deemed approved unless disapproved by the Commissioner within 30 days after the date of filing.

(d) (1) If the Commissioner finds that an antifraud plan does not comply with the requirements of this section, the Commissioner shall disapprove the antifraud plan and send a notice of disapproval, including the reasons for disapproval, to the authorized insurer.

(2) If the Commissioner disapproves an antifraud plan, the authorized insurer shall submit a new antifraud plan to the Commissioner within 60 days after the date of disapproval.

(e) During an examination under § 2–205 of this article, the Commissioner shall examine the authorized insurer’s procedures to determine whether the authorized insurer is complying with its antifraud plan.

(f) The Commissioner may withhold from public inspection any part of an antifraud plan for as long as the Commissioner considers the withholding to be in the public interest.

(g) (1) As part of an antifraud plan, an authorized insurer may require in writing that an individual who is receiving benefits under a disability insurance policy must affirm on a periodic basis that the individual:

(i) remains entitled to the benefits; and

(ii) has had no change in the condition entitling the individual to the benefits.

(2) An authorized insurer that requires the affirmation permitted under paragraph (1) of this subsection shall disclose to the individual who is receiving benefits that if the individual knowingly and willfully provides false information or knowingly and willfully fails to provide material information in connection with the individual’s eligibility or continued eligibility for benefits under a disability insurance policy, the individual is guilty of a crime and may be subject to a fine and imprisonment.

(h) The Commissioner shall adopt regulations that establish minimum standards for antifraud plans required to be filed under this section.

(i) It is a violation of this subtitle if the Commissioner finds that an authorized insurer that has in force policies or certificates of insurance in the State has failed to:

(1) file an antifraud plan;

(2) file a revised antifraud plan after disapproval by the Commissioner of the initial antifraud plan; or

(3) comply with the antifraud plan filed by the authorized insurer.
Md. Code, Alcoholic Beverages and Cannabis § 27-2703 — MD Code / Article gab / Title 27 / Subtitle 27 / Section 27-2703
§27–2703.
Status: in_force

(a) A license holder or an employee of a license holder who is charged with a violation of § 6–307 of this article:

(1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and

(2) may not be required to post bail pending trial in any court in the State.

(b) The granting of probation before judgment to a license holder or an employee of the license holder for a violation of § 6–307 of this article does not bar the Board from proceeding administratively against the license holder for the violation.
Md. Code, Insurance § 27-901 — MD Code / Article gin / Title 27 / Subtitle 9 / Section 27-901
§27–901.
Status: in_force

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

(2) “Credit life or disability insurance” means a type of insurance that will pay all or part of an individual’s debt on the death or disability of the individual.

(3) “Finance charge” has the meaning stated in § 12-501 of the Commercial Law Article.

(4) “Retail credit account” has the meaning stated in § 12-501 of the Commercial Law Article.

(b) A person may not make, issue, charge, or cause to be made, issued, or charged to an individual any type of premium for credit life or disability insurance without the express written consent of the individual.

(c) The computation of a finance charge in a retail credit account may not be based in any part on the premiums due under a policy of credit life or disability insurance.
Md. Code, Local Government § 27-102 — MD Code / Article glg / Title 27 / Subtitle 1 / Section 27-102
§27–102.
Status: in_force

This title does not apply to Baltimore City.
Md. Code, Alcoholic Beverages and Cannabis § 27-1406 — MD Code / Article gab / Title 27 / Subtitle 14 / Section 27-1406
§27–1406.
Status: in_force

In cases of hardship, the Board may refund a portion of the fee for a license it has issued.
Md. Code, Insurance § 27-222 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-222
§27–222.
Status: in_force

A person may not violate § 15–112(h) of this article.
Md. Code, Insurance § 27-206 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-206
§27–206.
Status: in_force

A person may not enter into an agreement to commit, or by concerted action commit, an act of boycott, coercion, or intimidation that results in or tends to result in unreasonable restraint of or monopoly in the business of insurance.
Md. Code, Insurance § 27-223 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-223
§27–223.
Status: in_force

(a) It is unlawful for any insurance producer to use a senior or retiree credential or designation in a way that is or would be misleading in connection with the offer, sale, or purchase of life insurance, health insurance, or annuities.

(b) (1) The Commissioner, in consultation with the Securities Commissioner of the Division of Securities in the Office of the Attorney General, shall adopt regulations to define what constitutes a misleading use of a senior or retiree credential or designation for purposes of subsection (a) of this section.

(2) The regulations adopted by the Commissioner may provide exemptions from subsection (a) of this section, if the exemptions are consistent with the public interest and within the purposes intended by the policy and provisions of this title.

(c) A violation of subsection (a) of this section constitutes a lack of trustworthiness for the purposes of § 10–126(a)(13) of this article.

(d) This section may not be construed to limit any powers of the Commissioner granted under this title.
Md. Code, Alcoholic Beverages and Cannabis § 27-603 — MD Code / Article gab / Title 27 / Subtitle 6 / Section 27-603
§27–603.
Status: in_force

(a) There is a Class C beer license.

(b) (1) Subject to paragraphs (2) and (3) of this subsection, the license authorizes the license holder to sell beer at retail to members of a club and their guests at the place described in the license for on–premises consumption.

(2) A license may be issued to a local unit of a nationwide nonprofit organization or club that:

(i) is composed solely of members who served in the armed forces of the United States in a war in which the United States has engaged;

(ii) has a charter from a national veterans’ organization before applying for the license; and

(iii) operates only for the use of its members and their guests, when the guests are accompanied by members.

(3) A license may be issued to a yacht club, golf club, fraternal club or order, country club, or social or recreational club that:

(i) is not operated for profit;

(ii) for 1 year immediately preceding the year for which the license is issued, has had at least 50 adult members who paid annual dues of at least $25;

(iii) owns or operates a clubhouse that has, or meeting rooms that have, facilities for preparing and serving food on the premises;

(iv) is principally used for members and their guests, when the guests are accompanied by members; and

(v) is not directly or indirectly owned or operated as a public business.

(c) The annual license fee is $50.
Md. Code, Local Government § 27-404 — MD Code / Article glg / Title 27 / Subtitle 4 / Section 27-404
§27–404.
Status: in_force

(a) The board of drainage commissioners shall appoint a competent superintendent of construction.

(b) The board of drainage commissioners shall determine the compensation of the superintendent of construction.

(c) (1) The superintendent of construction shall post a bond with the board of drainage commissioners, conditioned on honest and faithful performance.

(2) The board of drainage commissioners shall determine the amount of the bond and approve the bond.

(d) The board of drainage commissioners may terminate the contract of the superintendent of construction whenever the board of drainage commissioners considers the services of the superintendent of construction to be no longer necessary.
Md. Code, Alcoholic Beverages and Cannabis § 27-201 — MD Code / Article gab / Title 27 / Subtitle 2 / Section 27-201
§27–201.
Status: in_force

There is a Board of License Commissioners for Queen Anne’s County.
Md. Code, Transportation § 27-101 — MD Code / Article gtr / Title 27 / Subtitle 1 / Section 27-101
§27–101.
Status: in_force

(a) A person who violates a provision of the Maryland Vehicle Law is guilty of a misdemeanor unless the violation:

(1) Is a felony under the Maryland Vehicle Law; or

(2) Is punishable by a civil penalty under the applicable provision of the Maryland Vehicle Law.

(b) Except as otherwise provided in the Maryland Vehicle Law, a person convicted of a misdemeanor for a violation of a provision of the Maryland Vehicle Law is subject to a fine not exceeding $500.
Md. Code, Alcoholic Beverages and Cannabis § 27-2611 — MD Code / Article gab / Title 27 / Subtitle 26 / Section 27-2611
§27–2611.
Status: in_force

(a) Except as provided in subsection (b) of this section, if alcoholic beverages are seized and intended to be used as evidence in a prosecution under this article, the trial must take place within 30 days after the start of the prosecution.

(b) The trial may be postponed not more than 15 days beyond the 30–day period:

(1) if at the time of trial, a return has not been properly made; or

(2) for other sufficient cause.
Md. Code, Alcoholic Beverages and Cannabis § 27-804 — MD Code / Article gab / Title 27 / Subtitle 8 / Section 27-804
§27–804.
Status: in_force

A Class C beer and wine license may not be issued in the county.
Md. Code, State Personnel and Pensions § 27-301 — MD Code / Article gsp / Title 27 / Subtitle 3 / Section 27-301
§27–301.
Status: in_force

A member is entitled to service credit:

(1) for service as a member;

(2) regained under § 27–302 of this subtitle by a member who redeposits accumulated contributions previously withdrawn;

(3) for prior service as provided in § 27–303 of this subtitle; or

(4) for military service as provided in Title 38 of this article.
Md. Code, Insurance § 27-505 — MD Code / Article gin / Title 27 / Subtitle 5 / Section 27-505
§27–505.
Status: in_force

(a) (1) If the Commissioner finds that an insurer has violated § 27–501, § 27–503, § 27–504, or § 27–504.1 of this subtitle, the Commissioner, in addition to any other power granted by this article, may order the insurer to accept the risk, or accept the business, as appropriate.

(2) (i) With respect to medical professional liability insurance, the Commissioner shall issue a finding within 90 days after receiving a request to review the cancellation or refusal to renew a policy under § 27–501(f) of this subtitle.

(ii) A medical professional liability insurer may terminate the policy if:

1. the Commissioner fails to issue a finding within 90 days after receiving a request to review the cancellation or refusal to renew; or

2. the Commissioner finds that the policy may be canceled or not renewed and issued the finding within 90 days after receiving a request to review the cancellation or refusal to renew.

(iii) If a medical professional liability insurer terminates the policy under subparagraph (ii)1 of this paragraph and the Commissioner subsequently issues a finding that the insurer may not cancel or refuse to renew the policy:

1. the insurer immediately shall reinstate the policy; and

2. the reinstatement shall be retroactive to the date that the policy was terminated.

(b) A party to a hearing or proceeding under this subtitle may appeal from the hearing, proceeding, or a decision of the Commissioner in accordance with § 2-215 of this article.
Md. Code, Insurance § 27-907 — MD Code / Article gin / Title 27 / Subtitle 9 / Section 27-907
§27–907.
Status: in_force

An insurer that issues or renews a private passenger motor vehicle insurance policy in the State shall give an actuarially justified discount in rate to each individual who has completed the immediately preceding 3 years of continuous coverage with that insurer without a moving traffic violation, with not more than one point, and with no chargeable traffic accident.
Md. Code, Insurance § 27-906 — MD Code / Article gin / Title 27 / Subtitle 9 / Section 27-906
§27–906.
Status: in_force

An insurer that issues or delivers in the State a policy of motor vehicle liability insurance that provides coverage for the repair of physical damage to the motor vehicle shall provide, on request of the insured, a copy of the warranty for aftermarket crash parts, if available.
Md. Code, Insurance § 27-405 — MD Code / Article gin / Title 27 / Subtitle 4 / Section 27-405
§27–405.
Status: in_force

(a) It is a fraudulent insurance act for a person to act as or represent to the public that the person is:

(1) an insurance producer or a public adjuster in the State if the person has not received the appropriate license under or otherwise complied with Title 10 of this article;

(2) a navigator of the Small Business Health Options Program of the Maryland Health Benefit Exchange if the person has not received the appropriate license under or otherwise complied with § 31–112 of this article;

(3) a navigator of the Individual Exchange of the Maryland Health Benefit Exchange if the person has not received the appropriate certification under or otherwise complied with § 31–113 of this article; or

(4) an application counselor certified by the Individual Exchange of the Maryland Health Benefit Exchange if the person has not received the appropriate certification under or otherwise complied with § 31–113(r) of this article.

(b) It is a fraudulent insurance act for an insurance producer:

(1) to solicit or take application for, procure, or place for others insurance for which the insurance producer has not obtained an appropriate license;

(2) knowingly to violate § 10–130 of this article; or

(3) intentionally to fail to report to an insurer the exact amount of consideration charged as a premium for an insurance contract, if different from the policy premium, and to fail to maintain records that show that information.
Md. Code, Insurance § 27-614 — MD Code / Article gin / Title 27 / Subtitle 6 / Section 27-614
§27–614.
Status: in_force

(a) In this section, “increase in premium” and “premium increase” include an increase in total premium for a policy due to:

(1) a surcharge;

(2) retiering or other reclassification of an insured; or

(3) removal or reduction of a discount.

(b) (1) This section applies only to private passenger motor vehicle liability insurance.

(2) This section does not apply to the Maryland Automobile Insurance Fund.

(3) This section does not apply to an increase in premium made by an insurer during the 45–day underwriting period in accordance with § 12–106(d)(2) and (3) of this article.

(c) (1) Except as provided in paragraph (2) of this subsection, at least 45 days before the effective date of an increase in the total premium for a policy of private passenger motor vehicle liability insurance, the insurer shall send written notice of the premium increase to the insured at the last known address of the insured by a first–class mail tracking method.

(2) The notice required by paragraph (1) of this subsection need not be given if the premium increase is part of a general increase in premiums that is filed in accordance with Title 11 of this article and does not result from a reclassification of the insured.

(3) The notice may accompany or be included in the renewal offer or policy.

(4) The notice must be on a form approved by the Commissioner.

(5) The notice must state in clear and specific terms:

(i) the premium for the current policy period;

(ii) the premium for the renewal policy period;

(iii) the basis for the action, including, at a minimum:

1. if the premium increase is due wholly or partly to an accident:

A. the name of the driver;

B. the date of the accident; and

C. if fault is a material factor for the insurer’s action, a statement that the driver was at fault;

2. if the premium increase is due wholly or partly to a violation of the Maryland Vehicle Law or the vehicle laws of another state or territory of the United States:

A. the name of the driver;

B. the date of the violation; and

C. a description of the violation;

3. if the premium increase is due wholly or partly to the claims history of an insured, a description of each claim;

4. if the premium increase is due to a program that measures the operation of an insured vehicle during the current policy period:

A. a specific description of the factor or factors in the program resulting in the premium increase; and

B. the amount of the premium increase that is attributable to the program; and

5. any other information that is the basis for the insurer’s action;

(iv) that the insured should contact the insured’s insurance producer or insurer for a review of the premium if the insured has a question about the increase in premium or believes the information in the notice is incorrect;

(v) the right of the insured to protest the premium increase and, in the case of a premium increase of more than 15% for the entire policy, to request a hearing before the Commissioner by mailing, transmitting by facsimile to the Commissioner, or filing electronically through the consumer complaint portal on the Administration’s website a protest that includes:

1. a copy of the notice;

2. the insured’s address and daytime telephone number; and

3. a statement of the reason that the insured believes the premium increase is incorrect;

(vi) the address and facsimile number of the Administration; and

(vii) that the Commissioner shall order the insurer to pay reasonable attorney’s fees incurred by the insured for representation at a hearing if the Commissioner finds that:

1. the actual reason for the proposed action is not stated in the notice or the proposed action is not in accordance with this article or the insurer’s filed rating plan; and

2. the insurer’s conduct in maintaining or defending the proceeding was in bad faith or the insurer acted willfully in the absence of a bona fide dispute.

(d) (1) If the insured believes that the premium increase is incorrect, the insured may protest the proposed action of the insurer within 30 days after the mailing date of the notice by mailing, transmitting by facsimile to the Commissioner, or filing electronically through the consumer complaint portal on the Administration’s website a protest that includes:

(i) a copy of the notice;

(ii) the insured’s address and daytime telephone number; and

(iii) a statement of the reason that the insured believes the premium increase is incorrect.

(2) On receipt of a protest, the Commissioner shall notify the insurer of the filing of the protest.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, a protest filed with the Commissioner does not stay the proposed action of the insurer.

(ii) If a premium increase for a policy exceeds 15%, the Commissioner may order a stay of the premium increase pending a final decision if the Commissioner makes a finding that the premium increase:

1. may cause the policyholder undue harm; and

2. is in violation of the insurer’s filed rating plan.

(4) Based on the information contained in the notice, the Commissioner shall:

(i) determine whether the insurer’s action is in accordance with the insurer’s filed rating plan and this article; and

(ii) dismiss the protest or disallow the proposed action of the insurer.

(5) The Commissioner shall notify the insurer and the insured of the action of the Commissioner promptly in writing.

(6) For a premium increase of more than 15% for the entire policy, within 30 days after the mailing date of the Commissioner’s notice of action, the aggrieved party may request a hearing.

(7) The Commissioner shall:

(i) hold a hearing within a reasonable time after the request for a hearing; and

(ii) give written notice of the time and place of the hearing at least 10 days before the hearing.

(8) A hearing requested under this subsection shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(9) At the hearing the insurer has the burden of proving its proposed action to be in accordance with its filed rating plan and this article and, in doing so, may rely only on the reasons set forth in its notice to the insured.

(e) (1) The Commissioner shall issue an order within 30 days after the conclusion of the hearing.

(2) If the Commissioner finds the proposed action of the insurer to be in accordance with the insurer’s filed rating plan and this article, the Commissioner shall:

(i) dismiss the protest; and

(ii) if the insurer’s action is stayed, allow the proposed action of the insurer to be taken on the later of:

1. its proposed effective date; and

2. 30 days after the date of the determination.

(3) If the Commissioner finds that the actual reason for the proposed action is not stated in the notice or the proposed action is not in accordance with the insurer’s filed rating plan or this article, the Commissioner shall:

(i) disallow the action; and

(ii) order the insurer to pay reasonable attorney’s fees incurred by the insured for representation at the hearing if the Commissioner finds that the insurer’s conduct in maintaining or defending the proceeding was in bad faith or the insurer acted willfully in the absence of a bona fide dispute.

(4) The Commissioner may not dismiss a protest solely because of the insured’s failure to state a reason that the insured believes the premium increase is incorrect.

(f) (1) If the Commissioner disallows a premium increase for the entire policy, the insurer, within 30 days after the disallowance, shall:

(i) return to the insured all disallowed premium received from the insured; and

(ii) pay to the insured interest on the disallowed premium received from the insured calculated at 10% a year from the date the disallowed premium was received to the date the disallowed premium was returned.

(2) If an insurer fails to return any disallowed premium and interest to the insured as provided in paragraph (1) of this subsection within 30 days after the Commissioner disallows the action of the insurer, the insurer shall pay interest on the disallowed premium calculated at 20% a year beginning on the 31st day following the disallowance to the date the disallowed premium is returned.

(3) If an insurer fails to return any disallowed premium or fails to pay interest to an insured in violation of paragraphs (1) and (2) of this subsection, the insurer is subject to the penalties under § 4–113(d) of this article.

(g) A party to a proceeding under this section may appeal the decision of the Commissioner in accordance with § 2–215 of this article.
Md. Code, Insurance § 27-602 — MD Code / Article gin / Title 27 / Subtitle 6 / Section 27-602
§27–602.
Status: in_force

(a) (1) This section applies only to policies of:

(i) personal insurance; and

(ii) homeowner’s insurance under which a onetime guaranteed fully refundable deposit is required for a stated amount of coverage.

(2) This section does not apply to policies in effect for 45 days or less, as provided in § 12–106 of this article.

(b) (1) Whenever an insurer, as required by subsection (c) of this section, gives notice of its intention to cancel or not to renew a policy subject to this section issued in the State or before an insurer cancels a policy subject to this section issued in the State for a reason other than nonpayment of premium, the insurer shall notify the insured of the possible right of the insured to replace the insurance under the Maryland Property Insurance Availability Act or through another plan for which the insured may be eligible.

(2) The notice required by paragraph (1) of this subsection must:

(i) be in writing;

(ii) contain the current address and telephone number of the offices of the appropriate plan; and

(iii) be sent to the named insured at the named insured’s last known address in the same manner and at the same time as the first written notice of cancellation or of intention not to renew given or required by law, regulation, or contract.

(c) (1) Subject to paragraph (5) of this subsection, at least 45 days before the date of the proposed cancellation or expiration of the policy, the insurer shall send to the named insured at the named insured’s last known address, by a first–class mail tracking method, a written notice of intention to cancel for a reason other than nonpayment of premium or notice of intention not to renew a policy issued in the State.

(2) An insurer shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service.

(3) Notice given to the insured by an insurance producer on behalf of the insurer is deemed to have been given by the insurer for purposes of this subsection.

(4) Notwithstanding paragraph (3) of this subsection, no notice is required under this section if the insured has replaced the insurance.

(5) An insurer may not cancel a policy midterm except:

(i) when there exists:

1. a material misrepresentation or fraud in connection with the application, policy, or presentation of a claim;

2. a matter or issue related to the risk that constitutes a threat to public safety; or

3. a change in the condition of the risk that results in an increase in the hazard insured against;

(ii) for nonpayment of premium; or

(iii) in the case of homeowner’s insurance, conviction of arson.

(d) At least 10 days before the date an insurer proposes to cancel a policy for nonpayment of premium, the insurer shall send to the named insured, at the named insured’s last known address, by a first–class mail tracking method, a written notice of intention to cancel for nonpayment of premium.
Md. Code, Insurance § 27-408 — MD Code / Article gin / Title 27 / Subtitle 4 / Section 27-408
§27–408.
Status: in_force

(a) (1) A person that violates § 27–407 of this subtitle, or another provision of this subtitle in which the claim or act that is the subject of the fraud has a value of $300 or more is guilty of a felony and on conviction, for each violation, is subject to:

(i) liability for restoring to the victim the property taken or the value of the property taken; and

(ii) 1. for a violation of any provision of § 27–403 of this subtitle, a fine, the maximum of which is the greater of three times the value of the claim or act that is the subject of the fraud and $10,000 and the minimum of which is $500, or imprisonment not exceeding 15 years or both; and

2. for a violation of any provision of § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 27–407.1, or § 27–407.2 of this subtitle, a fine not exceeding $10,000 or imprisonment not exceeding 15 years or both.

(2) A person that violates a provision of this subtitle in which the claim or act that is the subject of the fraud has a value of less than $300 is guilty of a misdemeanor and on conviction, for each violation, is subject to:

(i) liability for restoring to the victim the property taken or the value of the property taken; and

(ii) 1. for a violation of any provision of § 27–403 of this subtitle, a fine, the maximum of which is the greater of three times the value of the claim or act that is the subject of the fraud and $10,000 and the minimum of which is $500, or imprisonment not exceeding 18 months or both; and

2. for a violation of any provision of § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 27–407.1, or § 27–407.2 of this subtitle, a fine not exceeding $10,000 or imprisonment not exceeding 18 months or both.

(b) (1) The penalties imposed under this section may be imposed separately from and consecutively to or concurrently with a sentence for another offense based on the act that constitutes a violation of this subtitle.

(2) Each act of solicitation under § 27–407 of this subtitle constitutes a separate violation for purposes of the penalties imposed under this section.

(3) Notwithstanding any other provision of law, a fine imposed under subsection (a) of this section is mandatory and not subject to suspension.

(c) (1) In addition to any criminal penalties that may be imposed under this section, on a showing by clear and convincing evidence that a violation of this subtitle has occurred, the Commissioner may:

(i) impose an administrative penalty not exceeding $25,000 for each act of insurance fraud; and

(ii) order restitution to an insurer or self–insured employer of any insurance proceeds paid relating to a fraudulent insurance claim.

(2) In determining the amount of an administrative penalty, the Commissioner shall consider:

(i) the nature, circumstances, extent, gravity, and number of violations;

(ii) the degree of culpability of the violator;

(iii) prior offenses and repeated violations of the violator; and

(iv) any other matter that the Commissioner considers appropriate and relevant.

(3) If an administrative penalty is not paid after all rights of appeal have been waived or exhausted, the Commissioner may bring a civil action in a court of competent jurisdiction to collect the administrative penalty, including expenses and litigation costs, reasonable attorney’s fees, and interest.

(d) This section does not affect an insurer’s right to take any independent action to seek recovery against a person that violates this subtitle.
Md. Code, Local Government § 27-301 — MD Code / Article glg / Title 27 / Subtitle 3 / Section 27-301
§27–301.
Status: in_force

(a) The county commissioners or county council shall appoint a board of viewers to:

(1) examine the land described in the petition; and

(2) issue a preliminary report on the land.

(b) (1) The board of viewers shall consist of:

(i) a civil and drainage engineer; and

(ii) two resident landowners of the county where the land is located.

(2) (i) The civil and drainage engineer shall be an individual recommended by the State drainage engineer.

(ii) If there is no State drainage engineer, the civil and drainage engineer shall be an individual recommended by the State roads engineer.
Md. Code, Land Use § 27-101 — MD Code / Article glu / Title 27 / Subtitle 1 / Section 27-101
§27–101.
Status: in_force

(a) A charge alleging a violation of this division may be brought by warrant or indictment on the oath or information of a member or employee of the Commission or any other person.

(b) Except as otherwise provided, a misdemeanor under this division may be adjudicated before the District Court or the circuit court of the county in which the violation is committed.

(c) (1) Except as otherwise provided in this division, a person who violates this division is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

(2) Each day that a violation of this division continues is a separate violation.
Md. Code, Alcoholic Beverages and Cannabis § 27-2802 — MD Code / Article gab / Title 27 / Subtitle 28 / Section 27-2802
§27–2802.
Status: in_force

(a) The Board may impose a fine not exceeding $2,000 or suspend a license or both for a violation that is cause for license suspension under the alcoholic beverages laws affecting the county.

(b) The penalties imposed under this section are:

(1) in addition to and do not limit other penalties for the same violation; and

(2) independent of any related court action based on the same violation.
Md. Code, Alcoholic Beverages and Cannabis § 27-901 — MD Code / Article gab / Title 27 / Subtitle 9 / Section 27-901
§27–901.
Status: in_force

(a) There is a Class A beer, wine, and liquor license.

(b) (1) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license.

(2) The license holder shall sell the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(c) A license under this section may not be issued for a drugstore unless the applicant:

(1) has been doing business at the location applied for in the license for at least 1 year before the date of the application for the license;

(2) is the assignee of a business established for at least 1 year before the date of the application for the license at the location applied for; or

(3) has been engaged in the retail drug business for at least 3 years.

(d) The annual license fee is $2,000.
Md. Code, Local Government § 27-708 — MD Code / Article glg / Title 27 / Subtitle 7 / Section 27-708
§27–708.
Status: in_force

(a) In this section, “Fund” means the Drainage District Fund.

(b) There is a Drainage District Fund.

(c) (1) The purpose of the Fund is to encourage drainage projects to promote the ditching, draining, leveeing, and reclaiming of wet and overflowed land that can be made available for agriculture.

(2) Loans not exceeding $2,000 may be made from the Fund for a drainage project to pay the expenses of the surveys, board of viewers, advertising, and all other incidental fees and expenses connected with the drainage project until the drainage district is established and the work is turned over to the board of drainage commissioners.

(d) The sum of $10,000 shall be appropriated from money in the State Treasury, which is not otherwise appropriated, to the credit of the Fund.

(e) When there is money to the credit of the Fund, the State Treasurer shall pay the money to be loaned:

(1) on warrant of the Comptroller; and

(2) on the receipt of an itemized statement requesting the loan, endorsed by the designated officer and presiding officer of the county commissioners or county council of the county in which the original petition of the drainage district was filed.

(f) The funds loaned by the State shall be returned to the State Treasury through the county commissioners or county council, who shall collect the amount loaned under a petition filed under this title from:

(1) if the petition is not allowed, the petitioner or the petitioner’s surety; or

(2) if the drainage district is established, the board of drainage commissioners out of the first proceeds of the sale of the bonds of the drainage district charged with the loan.

(g) In order for the Fund to be available for other projects, a loan to one drainage district may not be greater than the amount that is necessary for the use of the drainage district.
Md. Code, Insurance § 27-216 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-216
§27–216.
Status: in_force

(a) A person may not willfully collect a premium or charge for insurance if the insurance is not then provided, or is not in due course to be provided subject to acceptance of the risk by the insurer, in a policy issued by an insurer as authorized by this article.

(b) (1) A person may not willfully collect a premium or charge for insurance that:

(i) exceeds or is less than the premium or charge applicable to that insurance under the applicable classifications and rates as filed with and approved by the Commissioner; or

(ii) if classifications, premiums, or rates are not required by this article to be filed with and approved by the Commissioner, exceeds or is less than the premium or charge specified in the policy and set by the insurer.

(2) Paragraph (1) of this subsection does not prohibit:

(i) a surplus lines broker that holds a certificate of qualification under Title 3, Subtitle 3 of this article from charging and collecting applicable State and federal taxes in addition to the required premium;

(ii) a life insurer from charging and collecting the amount actually expended for a medical examination of an applicant for life insurance or reinstatement of a policy of life insurance;

(iii) an insurance producer from charging a fee, not exceeding 15% of the premium, for services rendered in placing insurance in an insurer if commissions are not payable by the insurer;

(iv) an insurer from paying commissions to licensed insurance producers on a variable basis on policies issued to qualified exempt commercial policyholders, as defined in § 11–206 of this article, if:

1. the payment of the commission to the insurance producer on a variable basis results in a lower total cost of the policy to the qualified exempt policyholder; and

2. the insurance producer receiving the commission has agreed to the specific level of commission to be paid on the policy; or

(v) a fund producer from charging and collecting, as actual expenses incurred in placing automobile insurance with the Maryland Automobile Insurance Fund:

1. a maximum charge of $25 plus $1 more than the actual charge by the Motor Vehicle Administration for a driving record required to be presented with the application, unless otherwise provided by the Fund; or

2. the amount provided in subsection (e) of this section.

(3) (i) Subject to subparagraphs (ii), (iii), (iv), and (v) of this paragraph, paragraph (1) of this subsection does not prohibit an authorized insurer or the Maryland Automobile Insurance Fund from charging and collecting, if approved by the Commissioner, reasonable installment fees or reasonable fees for late payment of premiums by policyholders or both.

(ii) The Commissioner:

1. shall review administrative expenses submitted by an authorized insurer or the Maryland Automobile Insurance Fund that are associated with late payments or installment payments, including the cost incurred by an authorized insurer or a vendor of the authorized insurer to accept late payments or installment payments by credit card, debit card, electronic funds transfer, or electronic check payment; and

2. may approve a late fee or installment fee not to exceed $10.

(iii) A late fee may not be imposed:

1. during any grace period required by law or regulation on a policy of insurance; or

2. if no grace period is required by law or regulation on a policy of insurance, until 2 business days after the date the payment amount becomes due.

(iv) An authorized insurer or the Maryland Automobile Insurance Fund shall credit each payment received from an insured to the premium owed by the insured before crediting the payment to a late fee or installment fee owed by the insured.

(v) A policy of insurance may not be canceled for the failure to pay a single late fee or single installment fee.

(4) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, paragraph (1) of this subsection does not prohibit an insurance producer from charging and collecting from an insured actual expenses incurred by the insurance producer for payment of the premium for a policy by use of a credit card.

(ii) Any point of service credit card expenses may not be considered premium for any purpose under this paragraph.

(iii) An insurance producer that accepts alternative payment methods for premiums shall disclose fully to the insured or prospective insured:

1. the availability of all payment methods accepted by the insurer or insurance producer; and

2. any charge for actual expenses incurred by the insurance producer for payment of a premium by use of a credit card.

(5) (i) Paragraph (1) of this subsection does not prohibit an authorized motor vehicle insurer or the Maryland Automobile Insurance Fund from charging and collecting a reasonable fee approved by the Commissioner under subparagraph (iii) of this paragraph for the reinstatement of a private passenger motor vehicle liability insurance policy in accordance with § 19–519 of this article.

(ii) Paragraph (1) of this subsection does not prohibit a licensed insurance producer or a fund producer from charging and collecting a reasonable fee approved by the Commissioner under subparagraph (iii) of this paragraph for the reinstatement of a private passenger motor vehicle liability insurance policy in accordance with § 19–519 of this article.

(iii) The Commissioner:

1. shall review the administrative expenses submitted by an authorized motor vehicle insurer or the Maryland Automobile Insurance Fund that are associated with reinstatements under § 19–519 of this article; and

2. may approve a reinstatement fee not to exceed:

A. $10 to be charged and collected by the insurer or the Fund; and

B. $15 to be charged and collected by the insurance producer or the fund producer.

(c) An insurer may not raise the policy limits of coverage, if the effect could be an increase in the premium without the prior consent of the insured.

(d) (1) Notwithstanding subsection (a) of this section, a surplus lines broker that holds a certificate of qualification under Title 3, Subtitle 3 of this article may charge a reasonable policy fee on a policy issued by a surplus lines insurer to an exempt commercial policyholder, as defined in § 11–206(j) of this article.

(2) Notwithstanding subsection (a) of this section, a surplus lines broker that holds a certificate of qualification under Title 3, Subtitle 3 of this article may charge a reasonable policy fee on a policy issued by a surplus lines insurer not exceeding:

(i) $200 on each personal lines policy procured by a licensed insurance producer not affiliated with or controlled by the surplus lines broker and to whom the surplus lines broker pays a commission; or

(ii) $500 or 7% of the policy premium, whichever is greater, on each commercial lines policy procured by a licensed insurance producer not affiliated with or controlled by the surplus lines broker and to whom the surplus lines broker pays a commission.

(3) A surplus lines broker that holds a certificate of qualification under Title 3, Subtitle 3 of this article and a license as an insurance producer under Title 10, Subtitle 1 of this article may charge a reasonable policy fee on a policy issued by an authorized insurer not exceeding $500 or 7% of the policy premium, whichever is greater, on each commercial lines policy procured by a licensed insurance producer not affiliated with or controlled by the surplus lines broker and to whom the surplus lines broker pays a commission.

(4) The policy fee charged in accordance with this subsection must be reasonably related to the cost of underwriting, issuing, processing, and servicing the policy by the surplus lines broker for the surplus lines insurer or the authorized insurer.

(5) Notwithstanding subsection (a) of this section, a surplus lines broker that holds a certificate of qualification under Title 3, Subtitle 3 of this article may recoup from the prospective insured the actual cost of an inspection required for the placement of surplus lines insurance with a surplus lines insurer if:

(i) the inspection is required by the surplus lines insurer;

(ii) the cost of the inspection is actually incurred by the surplus lines broker and not retained by the surplus lines broker; and

(iii) the cost of the inspection is documented and verifiable.

(6) A surplus lines broker that holds a certificate of qualification under Title 3, Subtitle 3 of this article and a license as an insurance producer under Title 10, Subtitle 1 of this article may recoup from the prospective insured the actual cost of an inspection required for the placement of insurance with an authorized insurer if:

(i) the inspection is required by the authorized insurer;

(ii) the cost of the inspection is actually incurred by the surplus lines broker and not retained by the surplus lines broker; and

(iii) the cost of the inspection is documented and verifiable.

(7) Regardless of the number of insurers participating on a risk:

(i) only one inspection fee may be charged to recoup the actual cost of an inspection under paragraphs (5) and (6) of this subsection for each policy or certificate of coverage; and

(ii) only one policy fee may be charged under paragraph (2) or (3) of this subsection for each policy or certificate of coverage.

(8) (i) Subject to subparagraph (ii) of this paragraph, a surplus lines broker that holds a certificate of qualification under Title 3, Subtitle 3 of this article may charge and collect from an insured actual expenses incurred by the surplus lines broker for payment of the premium, policy fee, and any other fees and taxes relating to the policy by use of a credit card.

(ii) Any point of service credit card expenses may not be considered premium for any purpose under this paragraph.

(9) On a form approved by the Commissioner, the surplus lines broker shall:

(i) make a clear and conspicuous written disclosure of:

1. any inspection fee;

2. the total amount of the policy fee;

3. the premium tax on the policy;

4. any financial interest in the person performing the inspection, if applicable;

5. whether the surplus lines broker will receive compensation from the person that performs the inspection; and

6. any charge for actual expenses incurred by the surplus lines broker for payment of the premium, policy fee, and any other fees and taxes relating to the policy by use of a credit card; and

(ii) notify the prospective insured of the option to obtain the inspection from another person who meets the requirements of or is approved by the surplus lines insurer.

(e) (1) (i) In this subsection, “accident history report” means a report that details an individual’s accident history.

(ii) “Accident history report” includes a comprehensive loss underwriting exchange automobile report (CLUE report).

(iii) “Accident history report” does not include a report that details an individual’s credit standing or history.

(2) (i) The Maryland Automobile Insurance Fund may sponsor a fund producer or premium finance company registered under Title 23 of this article for the purpose of obtaining accident history reports directly from a person that provides accident history reports.

(ii) When placing automobile insurance through the Fund, a fund producer or premium finance company sponsored by the Fund under this paragraph may obtain accident history reports directly from a person that provides accident history reports.

(3) Unless provided otherwise by the Fund, a person that provides accident history reports to a fund producer or premium finance company sponsored by the Fund under paragraph (2) of this subsection shall direct all billing for the reports to the fund producer or premium finance company.

(4) Subsection (b)(1) of this section does not prohibit a fund producer or premium finance company from charging and collecting actual expenses that are imposed by a person for providing accident history reports under this subsection in connection with the placement of automobile insurance through the Fund.

(f) In addition to any other sanction otherwise applicable, a person that violates subsection (b)(1) of this section with regard to a bail bond is subject to a penalty not exceeding $5,000 for each violation.

(g) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Administrative service” means a service, other than a service related to the sale, solicitation, negotiation, or servicing of a health benefit plan, that an insurance producer provides to assist an employer in:

1. complying with a statutory or regulatory requirement;

2. providing an employee benefit on behalf of the employer; or

3. performing functions related to the management of employees of the employer.

(iii) “Health benefit plan” has the meaning stated in § 2–112.2 of this article.

(2) (i) Notwithstanding subsection (a) of this section and subject to subparagraph (ii) of this paragraph, an insurance producer who is licensed under Title 10 of this article to sell health insurance may charge reasonable fees for an administrative service that is sold by the insurance producer to an employer.

(ii) An insurance producer may not charge fees under this subsection for services that are:

1. compensated by commissions or other compensation paid to the insurance producer by an insurer, nonprofit health service plan, or health maintenance organization related to a health benefit plan of an employer; or

2. performed by the insurance producer acting as an administrator under Title 8, Subtitle 3 of this article or an adviser under Title 10, Subtitle 2 of this article.

(3) Before a fee for administrative services is charged, an insurance producer, on a form adopted by the Commissioner by regulation, shall disclose in a clear and conspicuous manner:

(i) each administrative service to be provided;

(ii) the fee for each administrative service to be provided; and

(iii) if the insurance producer sells a health benefit plan to the employer, the amount of commission or other compensation that the insurance producer will receive from an insurer, nonprofit health service plan, or health maintenance organization related to the health benefit plan.

(4) The disclosure form required under paragraph (3) of this subsection shall be:

(i) signed by the insurance producer and an authorized representative of the employer; and

(ii) retained by the insurance producer as required by regulations adopted by the Commissioner.
Md. Code, Insurance § 27-613 — MD Code / Article gin / Title 27 / Subtitle 6 / Section 27-613
§27–613.
Status: in_force

(a) (1) This section applies only to private passenger motor vehicle liability insurance.

(2) This section does not apply to the Maryland Automobile Insurance Fund.

(3) This section does not apply to the cancellation of a policy or binder of private passenger motor vehicle liability insurance by an insurer during the 45–day underwriting period in accordance with § 12–106 of this article.

(b) (1) In accordance with this section, with respect to a policy of private passenger motor vehicle liability insurance or a binder of private passenger motor vehicle liability insurance, if the binder has been in effect for at least 45 days, issued in the State to any resident of the household of the named insured, an insurer may:

(i) cancel or fail to renew the policy or binder; or

(ii) reduce coverage under the policy.

(2) Notwithstanding paragraph (1) of this subsection, the requirements of this section do not apply if:

(i) the reduction in coverage described in paragraph (1)(ii) of this subsection is part of a general reduction in coverage approved by the Commissioner or satisfies the requirements of Title 19, Subtitle 5 of this article; or

(ii) the failure to renew the policy takes place under a plan of withdrawal that:

1. is approved by the Commissioner under § 27–606 of this subtitle; and

2. provides that each insured affected by the plan of withdrawal shall be sent by a first–class mail tracking method at least 45 days before the nonrenewal of the policy a written notice that states the date that the policy will be nonrenewed and that the nonrenewal is the result of the withdrawal of the insurer from the market.

(3) Notwithstanding paragraph (1) of this subsection, an insurer may not cancel a policy midterm except:

(i) when there exists:

1. a material misrepresentation or fraud in connection with the application, policy, or presentation of a claim;

2. a matter or issue related to the risk that constitutes a threat to public safety; or

3. a change in the condition of the risk that results in an increase in the hazard insured against;

(ii) for nonpayment of premium; or

(iii) due to the revocation or suspension of the driver’s license or motor vehicle registration:

1. of the named insured or covered driver under the policy; and

2. for reasons related to the driving record of the named insured or covered driver.

(c) (1) At least 45 days before the proposed effective date of the action, an insurer that intends to take an action subject to this section shall send written notice of its proposed action to the insured at the last known address of the insured:

(i) for notice of cancellation or nonrenewal, by certified mail; and

(ii) for all other notices of actions subject to this section, by a first–class mail tracking method.

(2) The notice must be on a form approved by the Commissioner.

(3) The notice must state in clear and specific terms:

(i) the proposed action to be taken, including for a reduction in coverage, the type of coverage reduced and the extent of the reduction;

(ii) the proposed effective date of the action;

(iii) subject to paragraph (4) of this subsection, the actual reason of the insurer for proposing to take the action;

(iv) if there is coupled with the notice an offer to continue or renew the policy in accordance with § 27–609 of this subtitle:

1. the name of the individual or individuals to be excluded from coverage; and

2. the premium amount if the policy is continued or renewed with the named individual or individuals excluded from coverage;

(v) the right of the insured to replace the insurance through the Maryland Automobile Insurance Fund and the current address and telephone number of the Fund;

(vi) the right of the insured to protest the proposed action of the insurer and request a hearing before the Commissioner on the proposed action by:

1. signing a copy of the notice and sending it to the Commissioner within 30 days after the mailing date of the notice; or

2. filing the protest electronically through the consumer complaint portal on the Administration’s website within 30 days after the mailing date on the notice;

(vii) that if a protest is filed by the insured, the insurer must maintain the current insurance in effect until a final determination is made by the Commissioner, subject to the payment of any authorized premium due or becoming due before the determination; and

(viii) that the Commissioner shall order the insurer to pay reasonable attorney’s fees incurred by the insured for representation at the hearing if the Commissioner finds that:

1. the actual reason for the proposed action is not stated in the notice or the proposed action is not in accordance with § 27–501 of this title, the insurer’s filed rating plan, its underwriting standards, or the lawful terms and conditions of the policy related to a cancellation, nonrenewal, or reduction in coverage; and

2. the insurer’s conduct in maintaining or defending the proceeding was in bad faith or the insurer acted willfully in the absence of a bona fide dispute.

(4) (i) The insurer’s statement of actual reason for proposing to take an action subject to this section must be clear and specific and include a brief statement of the basis for the action, including, at a minimum:

1. if the action of the insurer is due wholly or partly to an accident:

A. the name of the driver;

B. the date of the accident; and

C. if fault is a material factor for the insurer’s action, a statement that the driver was at fault;

2. if the action of the insurer is due wholly or partly to a violation of the Maryland Vehicle Law or the vehicle laws of another state or territory of the United States:

A. the name of the driver;

B. the date of the violation; and

C. a description of the violation;

3. if the action of the insurer is due wholly or partly to the claims history of an insured, a description of each claim;

4. whether the insurer’s action is based on a violation of law, policy terms or conditions, or the insurer’s underwriting standards;

5. whether the insurer’s action is based on a material misrepresentation; and

6. any other information that is the basis for the insurer’s action.

(ii) The use of generalized terms such as “personal habits”, “living conditions”, “poor morals”, or “violation or accident record” does not meet the requirements of this paragraph.

(iii) The Commissioner may not disallow a proposed action of an insurer because the statement of actual reason contains:

1. grammatical errors, typographical errors, or other errors provided that the errors are nonmaterial and not misleading;

2. surplus information, provided that the surplus information is nonmaterial and not misleading; or

3. erroneous information, provided that in absence of the erroneous information, there remains a sufficient basis to support the action.

(d) At least 10 days before the date an insurer proposes to cancel a policy for nonpayment of premium, the insurer shall send to the insured, by a first–class mail tracking method, a written notice of intention to cancel for nonpayment of premium.

(e) A statement of actual reason contained in the notice given under subsection (c) of this section is privileged and does not constitute grounds for an action against the insurer, its representatives, or another person that in good faith provides to the insurer information on which the statement is based.

(f) (1) This subsection does not apply to an action of an insurer taken under subsection (d) of this section.

(2) An insured may protest a proposed action of the insurer under this section by:

(i) signing a copy of the notice and sending it to the Commissioner within 30 days after the mailing date of the notice; or

(ii) filing the protest electronically through the consumer complaint portal on the Administration’s website within 30 days after the mailing date on the notice.

(3) On receipt of a protest, the Commissioner shall notify the insurer of the filing of the protest.

(4) A protest filed with the Commissioner stays the proposed action of the insurer pending a final determination by the Commissioner.

(5) The insurer shall maintain in effect the same coverage and premium that were in effect on the day the notice of proposed action was sent to the insured until a final determination is made, subject to the payment of any authorized premium due or becoming due before the determination.

(g) (1) Based on the information contained in the notice, the Commissioner shall:

(i) determine whether the protest by the insured has merit; and

(ii) dismiss the protest or disallow the proposed action of the insurer.

(2) The Commissioner shall notify the insurer and the insured of the action of the Commissioner promptly in writing.

(3) Subject to paragraph (4) of this subsection, within 30 days after the mailing date of the Commissioner’s notice of action, the aggrieved party may request a hearing.

(4) The Commissioner shall:

(i) Hold a hearing within a reasonable time after the request for a hearing; and

(ii) give written notice of the time and place of the hearing at least 10 days before the hearing.

(5) A hearing held under this subsection shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(6) At the hearing the insurer has the burden of proving its proposed action to be in accordance with the insurer’s filed rating plan, its underwriting standards, or the lawful terms and conditions of the policy related to a cancellation, nonrenewal, or reduction in coverage, as applicable, and not in violation of § 27–501 of this title and, in doing so, may rely only on the reasons set forth in its notice to the insured.

(h) (1) The Commissioner shall issue an order within 30 days after the conclusion of the hearing.

(2) If the Commissioner finds the proposed action of the insurer to be in accordance with the insurer’s filed rating plan, its underwriting standards, or the lawful terms and conditions of the policy related to a cancellation, nonrenewal, or reduction in coverage, as applicable, and not in violation of § 27–501 of this title, the Commissioner shall:

(i) dismiss the protest; and

(ii) allow the proposed action to be taken on the later of:

1. its proposed effective date; and

2. 30 days after the date of the determination.

(3) If the Commissioner finds that the actual reason for the proposed action is not stated in the notice or the proposed action is not in accordance with § 27–501 of this title, the insurer’s filed rating plan, its underwriting standards, or the lawful terms and conditions of the policy related to a cancellation, nonrenewal, or reduction in coverage, the Commissioner shall:

(i) disallow the action; and

(ii) order the insurer to pay reasonable attorney’s fees incurred by the insured for representation at the hearing if the Commissioner finds that the insurer’s conduct in maintaining or defending the proceeding was in bad faith or the insurer acted willfully in the absence of a bona fide dispute.

(i) The Commissioner may delegate the powers and duties of the Commissioner under this section to one or more employees or hearing examiners.

(j) A party to a proceeding under this section may appeal the decision of the Commissioner in accordance with § 2–215 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 27-1402 — MD Code / Article gab / Title 27 / Subtitle 14 / Section 27-1402
§27–1402.
Status: in_force

(a) At the time an application for an alcoholic beverages license is filed, at least one of the applicants shall be a resident of the State.

(b) The license remains valid only for as long as at least one of the applicants remains a resident of the State.
Md. Code, Insurance § 27-805 — MD Code / Article gin / Title 27 / Subtitle 8 / Section 27-805
§27–805.
Status: in_force

(a) In this section, “claim form” means any document supplied by an insurer to a claimant that a claimant is required to complete and submit in support of a claim for benefits.

(b) (1) Except as provided in subsection (c) of this section, all applications for insurance and all claim forms, regardless of the form of transmission, shall contain the following statement or a substantially similar statement:

“Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.”

(2) The lack of the statement required by paragraph (1) of this subsection does not constitute a defense in any legal proceeding.

(c) Subsection (b)(1) of this section does not apply to:

(1) reinsurance applications or claim forms; or

(2) the uniform claims form for reimbursement of hospital services or the uniform claims form for reimbursement of health care practitioners services adopted by the Commissioner under § 15–1003 of this article.
Md. Code, Insurance § 27-610 — MD Code / Article gin / Title 27 / Subtitle 6 / Section 27-610
§27–610.
Status: reserved

(a) (1) This section applies only to policies of personal insurance and private passenger motor vehicle liability insurance policies subject to § 27–613 of this subtitle.

(2) Unless an insurer has provided notice of its intention not to renew a policy in compliance with this subtitle, the insurer must provide each policyholder with notice of renewal premium due at least 45 days before the due date.

(3) If a policyholder is being transferred between admitted insurers within the same insurance holding company system, as defined in § 7–101 of this article, the notice required under paragraph (2) of this subsection shall include disclosure of the transfer.

(4) A licensed insurance producer may provide notice under paragraph (2) of this subsection on behalf of the insurer.

(5) The duty to provide notice under paragraph (2) of this subsection is deemed discharged if:

(i) the insurer shows that its established procedures would have resulted in placing the notice of renewal premium due in the United States mail; and

(ii) there is no showing that in fact the notice was not placed in the mail.

(b) If an insurer fails to provide notice of renewal premium due under subsection (a) of this section, and subsequently the policyholder fails to make timely payment of the renewal premium, the insurer must:

(1) provide coverage for each claim that:

(i) would have been covered under the policy; and

(ii) arises within 45 days after the date the insured discovers or should have discovered that the policy was not renewed; and

(2) renew the policy on tender of payment within 30 days after the policyholder discovers or should have discovered that the policy was not renewed.
Md. Code, Alcoholic Beverages and Cannabis § 27-2502 — MD Code / Article gab / Title 27 / Subtitle 25 / Section 27-2502
§27–2502.
Status: in_force

(a) From 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in:

(1) an establishment open to the public;

(2) a place of public entertainment; or

(3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article.

(b) An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Alcoholic Beverages and Cannabis § 27-2601 — MD Code / Article gab / Title 27 / Subtitle 26 / Section 27-2601
§27–2601.
Status: in_force

(a) The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county without exception or variation:

(1) § 6–202 (“Inspections”);

(2) § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”);

(3) § 6–204 (“Power to summon witnesses”);

(4) § 6–205 (“Peace officers”);

(5) § 6–208 (“Regulating possession or consumption of alcohol in public places”); and

(6) § 6–209 (“Adoption of standards for authorization of consumption”).

(b) Section 6–210 (“State preemption of local disorderly intoxication laws”) of Division I of this article does not apply in the county.

(c) The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county:

(1) § 6–206 (“Charging document for unlawful sale of alcoholic beverage”), in addition to § 27–2608 of this subtitle;

(2) § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”), in addition to § 27–2609 of this subtitle; and

(3) § 6–211 (“Fines and forfeitures”), subject to §§ 27–2614 and 27–2615 of this subtitle.
Md. Code, Public Utilities § 27-106 — MD Code / Article gpu / Title 27 / Subtitle 1 / Section 27-106
§27–106.
Status: in_force

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

(2) “Construction contractor” means a person that performs or is hired to perform road construction work.

(3) “Road construction work” means the construction, repair, paving, repaving, or grading of a public roadway.

(b) Before beginning road construction work on a public roadway in the sanitary district in which a water, sewer, or stormwater management structure is installed, a construction contractor shall give notice to the Commission and the county of the proposed construction work.

(c) The notice:

(1) shall include the proposed construction schedule and information about the location of construction to accomplish the purposes of this section;

(2) except in emergency road repair situations, shall be given to the Commission and the county at least 7 days before road construction work begins; and

(3) in an emergency road repair situation, shall be given to the Commission and the county as promptly as feasible under the emergency situation.

(d) Unless allowed by the Commission or the county, as appropriate, a person may not disturb, remove, pave over, or repave over a manhole, valve, fitting, or other Commission water or sewer structure or county stormwater management structure.
Md. Code, Alcoholic Beverages and Cannabis § 27-2701 — MD Code / Article gab / Title 27 / Subtitle 27 / Section 27-2701
§27–2701.
Status: in_force

(a) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county without exception or variation:

(1) § 6–305 (“Proof of age for sale of alcoholic beverages”);

(2) § 6–306 (“Defense to prosecution for sale to underage individual”);

(3) § 6–308 (“Allowing on–premises consumption of alcoholic beverages not purchased from license holder”);

(4) § 6–309 (“Allowing on–premises consumption or possession of alcoholic beverages by individual under the age of 21 years”);

(5) § 6–310 (“Providing free food”);

(6) § 6–311 (“Restrictions on purchases and sales by retail dealer”);

(7) § 6–312 (“Beverage misrepresentation”);

(8) § 6–313 (“Tampering with alcoholic beverage container”);

(9) § 6–314 (“Sale of alcoholic beverage container with detachable metal tab”);

(10) § 6–315 (“Alcoholic beverage in container without regular label presumed illicit”);

(11) § 6–316 (“Maximum alcohol content”);

(12) § 6–317 (“Multiple serving purchase required”);

(13) § 6–319 (“On–premises consumption of alcoholic beverages not purchased from license holder”);

(14) § 6–320 (“Disorderly intoxication”);

(15) § 6–323 (“Possession or use of Alcohol Without Liquid machine”);

(16) § 6–326 (“Sale of alcoholic beverages in powder or crystalline form prohibited”);

(17) § 6–327 (“Unlicensed out–of–state sale of alcoholic beverages”);

(18) § 6–328 (“Tax evasion”);

(19) § 6–329 (“Destruction of evidence”); and

(20) § 6–330 (“Perjury”).

(b) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article do not apply in the county:

(1) § 6–321 (“Consumption of alcoholic beverages in public”); and

(2) § 6–322 (“Possession of open container”).

(c) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county:

(1) § 6–304 (“Selling or providing alcoholic beverages to individual under the age of 21 years”), subject to § 27–2702 of this subtitle; and

(2) § 6–307 (“Selling or providing alcoholic beverages to intoxicated individual”), subject to § 27–2703 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 27-2610 — MD Code / Article gab / Title 27 / Subtitle 26 / Section 27-2610
§27–2610.
Status: in_force

(a) Alcoholic beverages and items used to sell alcoholic beverages that are seized shall be held subject to the order of the court to be used as evidence in the prosecution of a violation of this article.

(b) Prima facie evidence of the violation of this article includes:

(1) alcoholic beverages and items used to sell alcoholic beverages;

(2) the means or materials to manufacture, transport, or dispose of the alcoholic beverages; and

(3) the paraphernalia of a barroom or saloon.
Md. Code, State Personnel and Pensions § 27-403 — MD Code / Article gsp / Title 27 / Subtitle 4 / Section 27-403
§27–403.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection and subsection (d) of this section, on the death of a member, the Board of Trustees shall pay to the surviving spouse 50% of the retirement allowance that would be payable were the member alive and eligible to receive a retirement allowance.

(2) (i) If at the time of death the member does not have a surviving spouse or a child who is under the age of 26 years or is disabled, the Board of Trustees shall pay to the member’s designated beneficiary or beneficiaries a lump–sum death benefit consisting of the sum of:

1. the member’s accumulated contributions; and

2. an amount equal to the member’s annual salary at the time of death.

(ii) If a member has designated more than one beneficiary, the lump–sum death benefit provided in subparagraph (i) of this paragraph shall be divided equally among the beneficiaries.

(b) Except as provided in subsection (d) of this section, on the death of a former member or retiree, the Board of Trustees shall pay to the surviving spouse 50% of the retirement allowance that would be payable were the former member or retiree alive and eligible to receive a retirement allowance.

(c) (1) This subsection applies to a member, former member, or retiree who at the time of death:

(i) does not have a spouse; and

(ii) has a child under the age of 26 years, or a child who is disabled.

(2) Except as provided in subsection (d) of this section, the Board of Trustees shall pay to the surviving children of the member, former member, or retiree who are under the age of 26 years or are disabled the retirement allowance that would have been paid to a surviving spouse under subsection (a) or (b) of this section.

(3) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, if the Board of Trustees pays an allowance to more than one child, the Board of Trustees shall divide the allowance equally among the children in a manner that provides for payments to continue until:

1. each child has died; or

2. each child becomes 26 years old.

(ii) Notwithstanding paragraph (3)(i)2 of this subsection, a surviving child who is disabled shall continue to receive an allowance under subparagraph (i) of this paragraph past the age of 26 years, if the child continues to be disabled.

(iii) If a surviving child receiving an allowance under subparagraph (i) of this paragraph is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the Board of Trustees shall pay to the disabled surviving child an allowance equal to the total of the allowances paid under subparagraph (i) of this paragraph after:

1. all other nondisabled surviving children have died; or

2. the youngest nondisabled surviving child becomes 26 years old.

(iv) If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the allowance payable under subparagraph (iii) of this paragraph shall be divided equally among the disabled children.

(d) (1) Except as provided in paragraph (2) of this subsection, a benefit may not be paid under this section if a benefit is paid under § 29–204.3 of this article.

(2) If all individuals who are eligible for a special death benefit under § 29–204.3 of this article elect to waive the payment of a special death benefit under § 29–204.3 of this article, a benefit shall be paid in accordance with this section.
Md. Code, Insurance § 27-504.1 — MD Code / Article gin / Title 27 / Subtitle 5 / Section 27-504.1
§27–504.
Status: in_force

§27–504.1.

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

(2) “Crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.

(3) “Victim” means a policyholder or claimant who suffers personal injury, death, or property loss as a result of a crime of violence.

(b) Except as otherwise provided in this article, if an individual is a victim of a crime of violence, an insurer may not, based solely on information about the individual’s status as a victim of a crime of violence:

(1) cancel, refuse to underwrite or renew, or refuse to issue a policy of homeowner’s insurance;

(2) refuse to pay a claim under a policy of homeowner’s insurance; or

(3) for a policy of homeowner’s insurance, increase a premium, add a surcharge, apply a rating factor, retier a policy, remove a discount, or take any other adverse underwriting or rating action.

(c) (1) If a policy of homeowner’s insurance excludes property coverage for intentional acts, the insurer may not deny payment for a loss to a victim who:

(i) is an innocent coinsured;

(ii) did not commit, cause to be committed, or direct the crime of violence leading to the loss; and

(iii) cooperates in any criminal investigation, including the filing of an official police report, and if undertaken, any prosecution of the perpetrator.

(2) Payment to the innocent coinsured may be limited to the amount of the loss up to the homeowner’s insurance policy limits, less any applicable deductible and coinsurance and any payment to any secured party.

(3) An insurer may exclude property owned solely by the perpetrator from coverage under the policy of homeowner’s insurance.

(4) An insurer making payment to the innocent coinsured under this section shall have the right of subrogation against the perpetrator who committed, caused to be committed, or directed the crime of violence leading to the loss.

(d) This section does not:

(1) require payment in excess of a homeowner’s insurance policy limits;

(2) prohibit an insurer from applying reasonable standards of proof of a claim; or

(3) prohibit an insurer or insurance producer from:

(i) asking an applicant, a policyholder, or a claimant about a claim under this section; or

(ii) using information obtained by investigation to evaluate a claim and exercise the insurer’s rights and perform its duties.
Md. Code, Insurance § 27-220 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-220
§27–220.
Status: in_force

An insurance producer or insurer may not refer an individual employee or dependent of an employee to the Maryland Children’s Health Program established under Title 15, Subtitle 3 of the Health - General Article or arrange for an individual employee or dependent of an employee to apply for the Maryland Children’s Health Program established under Title 15, Subtitle 3 of the Health - General Article if the insurance producer or insurer has an economic interest in the referral or the arrangement and the insurance producer’s or insurer’s sole purpose is to separate that employee or that employee’s dependent from group health insurance coverage provided in connection with the employee’s employment.
Md. Code, Insurance § 27-502 — MD Code / Article gin / Title 27 / Subtitle 5 / Section 27-502
§27–502.
Status: in_force

(a) A surety insurer may not cancel or refuse to issue or renew a surety bond for a reason based wholly or partly on race, color, creed, sex, or physical handicap or disability of an applicant or principal or for any other arbitrary, capricious, or unfairly discriminatory reason.

(b) A surety insurer may not require special conditions, facts, or situations as a condition to its acceptance or renewal of a particular surety risk in an arbitrary, capricious, unfair, or discriminatory manner based wholly or partly on race, creed, color, sex, religion, national origin, place of residence, or physical handicap or disability.

(c) A surety insurer may not make an inquiry about race, creed, color, or national origin in a surety form, questionnaire, or other manner of requesting general information that relates to an application for a surety bond.

(d) On request, a surety insurer that intends to cancel or refuse to issue or renew a surety bond shall send to the bondholder or applicant written notice that states the reason for the proposed action.

(e) (1) A person aggrieved under this section shall notify the Commissioner in writing within 30 days after the occurrence giving rise to the complaint and shall state the facts giving rise to the complaint.

(2) On receipt of a complaint, the Commissioner shall forward a copy of the complaint to the surety insurer.

(3) If the Commissioner finds that the complaint is without merit, the Commissioner shall dismiss the complaint without a hearing and shall notify the surety insurer and complainant promptly in writing.

(4) If the complaint is not dismissed without a hearing, the Commissioner shall:

(i) hold a hearing on the complaint within 30 days after receipt of the complaint; and

(ii) give written notice of the time and place of the hearing to all parties at least 10 days before the hearing.

(5) At a hearing to determine whether this section has been violated, the burden of persuasion is on the surety insurer to show that the cancellation or refusal to underwrite or renew is not based wholly or partly on race, color, creed, sex, or physical handicap or disability of an applicant or principal or for any unfairly discriminatory reason.

(6) If, after the hearing, the Commissioner finds that the surety insurer has violated this section, the Commissioner may issue an appropriate order that:

(i) states the manner in which the surety insurer has violated this section;

(ii) provides relief under subsection (g) or (h) of this section; and

(iii) states when, within a reasonable period but not less than 10 days after the hearing, the order shall be effective.

(f) (1) Any information or testimony provided by a surety insurer pursuant to a complaint under this section is privileged and confidential.

(2) There is no liability on the part of and no cause of action against a surety insurer, its representatives, or another person who in good faith provides to the surety insurer information or testimony that relates to the complaint.

(g) If the Commissioner finds that a surety insurer has willfully violated this section, the Commissioner may impose a fine on the surety insurer in accordance with § 1-301 of this article.

(h) Instead of the fine provided in subsection (g) of this section, the Commissioner may order the surety insurer to write the bond if, at the hearing, the Commissioner finds by a preponderance of the evidence that the violation of subsection (a) or (b) of this section was knowing and willful and was the basis for the surety insurer’s action.
Md. Code, Alcoholic Beverages and Cannabis § 27-904 — MD Code / Article gab / Title 27 / Subtitle 9 / Section 27-904
§27–904.
Status: in_force

(a) There is a Class B–D beer, wine, and liquor license.

(b) The Board may issue the license for use at an establishment:

(1) that has facilities for preparing and serving food to the public;

(2) that derives at least 25% of the average daily gross receipts of the establishment that are from the sale of food; and

(3) whose average daily gross receipts are approved by the Board.

(c) The license authorizes the license holder to sell at retail at the place described in the license:

(1) beer, wine, and liquor for on–premises consumption; and

(2) beer for off–premises consumption.

(d) A holder of a Class B beer, wine, and liquor license may convert the license to a Class B–D license.

(e) The license holder may sell beer, wine, and liquor during the hours and days as set out under § 27–2004(c) of this title.

(f) The annual license fee is $1,800.
Md. Code, State Personnel and Pensions § 27-102 — MD Code / Article gsp / Title 27 / Subtitle 1 / Section 27-102
§27–102.
Status: in_force

This title applies only to the Judges’ Retirement System.
Md. Code, Insurance § 27-911 — MD Code / Article gin / Title 27 / Subtitle 9 / Section 27-911
§27–911.
Status: in_force

(a) Each authorized insurer doing business in the State shall accept and honor each request by a policyholder for a change of insurance producer of record within 30 working days after receipt of the request unless the policyholder withdraws the request in writing.

(b) The new insurance producer of record must have a current appointment and contract with the authorized insurer before the change of insurance producer of record will be effective.

(c) (1) Subject to the provisions of paragraph (2) of this subsection, the new insurance producer of record shall be paid all commissions payable on the policy effective not later than the next anniversary date of the policy following the effective date of change.

(2) The commissions payable under paragraph (1) of this subsection do not include:

(i) vested life insurance commissions;

(ii) supplemental health insurance commissions; or

(iii) commissions or other compensation payable under an insurer’s retirement or deferred compensation plan with the insurance producer.

(d) A request for a change of insurance producer of record shall:

(1) be in writing; and

(2) include:

(i) the policyholder’s name and address;

(ii) the authorized insurer’s name and address;

(iii) the policy number;

(iv) the name and address of the new insurance producer of record;

(v) the date of the request;

(vi) the signature of the policyholder; and

(vii) the signature of acceptance by the new insurance producer.

(e) This section does not require an authorized insurer to:

(1) appoint and contract with an insurance producer of record;

(2) alter an insurer’s existing contract with an insurance producer which provides for direct compensation in lieu of commission; and

(3) require the payment of full commissions to a new insurance producer where the original writing insurance producer or current insurance producer continues to have responsibility for processing and matters relating to the policyholder.
Md. Code, Local Government § 27-303 — MD Code / Article glg / Title 27 / Subtitle 3 / Section 27-303
§27–303.
Status: in_force

(a) (1) The county commissioners or county council shall review the report required under § 27–302 of this subtitle at its first meeting after receiving the report.

(2) The board of viewers shall be present at the meeting.

(b) The county commissioners or county council shall dismiss a petition filed under § 27–201 of this title at the cost of the petitioners if:

(1) the board of viewers finds that the drainage:

(i) is not practicable;

(ii) will not benefit the public health or any public highway; or

(iii) does not promote the general welfare of the community; and

(2) the county commissioners or county council approve the finding.

(c) If the finding of the board of viewers is favorable to the drainage project and the county commissioners or county council support the finding after hearing all of the evidence, the county commissioners or county council shall:

(1) make any necessary recommendations to the board of viewers;

(2) direct the board of viewers to make a complete survey, plans and specifications, and an estimate of cost for any tile, drain, levee, or other improvement; and

(3) specify a time when the board of viewers shall file a final report, not to exceed 60 days, unless extended by the county commissioners or county council in writing.
Md. Code, Alcoholic Beverages and Cannabis § 27-1403 — MD Code / Article gab / Title 27 / Subtitle 14 / Section 27-1403
§27–1403.
Status: in_force

(a) (1) An individual on behalf of a corporation or limited liability company may not be issued a Class A beer, wine, and liquor license unless the corporation or limited liability company is:

(i) a Maryland entity in good standing; or

(ii) a foreign entity registered to do business in the State.

(2) A Class A beer, wine, and liquor license may not be issued for a corporation if more than one class of common stock is authorized by the corporate charter.

(b) (1) This subsection does not apply to:

(i) a Class A beer, wine, and liquor license; or

(ii) any other license issued before May 1, 1976.

(2) An applicant for a license on behalf of a corporation or limited liability company is not required to be a resident of the county.

(3) Except as provided in subsection (c) of this section, each applicant applying for a license for a corporation or limited liability company shall own at least 15% of the total outstanding shares of common stock of the corporation or at least a 15% interest in the limited liability company, entitling the applicant to vote at a meeting of stockholders or members.

(4) A license may not be issued for a corporation if more than one class of common stock is authorized by the corporate charter.

(5) Except as provided in subsection (c) of this section, each year, an applicant, the corporation, or the limited liability company shall submit to the Board a sworn statement that contains:

(i) the name and address of each stockholder of the corporation and the number of shares the stockholder owns and is entitled to vote at a stockholder meeting; or

(ii) the name and address of each member of the limited liability company and the amount of interest the member owns and is entitled to vote at a meeting of members.

(6) The Board may require an applicant to submit other information regarding the background and prior activities of the applicant.

(c) (1) Subsection (b)(3) and (5) of this section does not apply to:

(i) a Class B beer, wine, and liquor (on–sale) license for use in a conference center; or

(ii) any alcoholic beverages license issued within the municipal limits of any incorporated town.

(2) (i) Subject to subparagraph (ii) of this paragraph, in addition to the exemptions in paragraph (1) of this subsection, the Board may exempt up to four other licenses from subsection (b)(3) and (5) of this section.

(ii) The Board may not grant an exemption for licensed premises located within the Kent Narrows Commercial Management and Waterfront Improvement District.
Md. Code, Insurance § 27-406.1 — MD Code / Article gin / Title 27 / Subtitle 4 / Section 27-406.1
§27–406.
Status: in_force

§27–406.1.

(a) In this section, “individual surety” means a person that:

(1) issues surety bonds or contracts of surety insurance; and

(2) does not have a certificate of authority issued by the Commissioner.

(b) It is a fraudulent insurance act for an individual surety to solicit or issue a surety bond or contract of surety insurance except as provided in:

(1) §§ 13–207 and 17–104 of the State Finance and Procurement Article; and

(2) for an uncompensated person, §§ 5–203 and 5–204 of the Criminal Procedure Article.
Md. Code, Alcoholic Beverages and Cannabis § 27-1401 — MD Code / Article gab / Title 27 / Subtitle 14 / Section 27-1401
§27–1401.
Status: in_force

(a) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–102 (“Applications to be filed with local licensing board”);

(2) § 4–106 (“Payment of notice expenses”);

(3) § 4–108 (“Application form required by Comptroller”);

(4) § 4–111 (“Payment of license fees”);

(5) § 4–112 (“Disposition of license fees”); and

(6) § 4–114 (“Fees for licenses issued for less than 1 year”).

(b) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article do not apply in the county:

(1) § 4–107 (“Criminal history records check”);

(2) § 4–110 (“Required information on application — Petition of support”); and

(3) § 4–113 (“Refund of license fees”), which is superseded by § 27–1406 of this subtitle.

(c) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county:

(1) § 4–103 (“Application on behalf of partnership”), subject to § 27–1402 of this subtitle;

(2) § 4–104 (“Application on behalf of corporation or club”), subject to § 27–1403 of this subtitle;

(3) § 4–105 (“Application on behalf of limited liability company”), subject to § 27–1403 of this subtitle; and

(4) § 4–109 (“Required information on application — In general”), subject to §§ 27–1402 and 27–1404 of this subtitle.
Md. Code, State Personnel and Pensions § 27-401 — MD Code / Article gsp / Title 27 / Subtitle 4 / Section 27-401
§27–401.
Status: in_force

(a) (1) This subsection applies only to an individual who is a member of the Judges’ Retirement System on or before June 30, 2012.

(2) A member or former member is entitled to a retirement allowance:

(i) on termination of service, if the member is at least 60 years old;

(ii) on the recommendation of the medical board, if the member or former member resigns because of disability;

(iii) when retired by order of the Supreme Court of Maryland; or

(iv) at the age of 60 years, if the former member’s termination of service occurred earlier.

(b) (1) This subsection applies only to an individual who becomes a member of the Judges’ Retirement System on or after July 1, 2012.

(2) A member or former member is entitled to a retirement allowance:

(i) on termination of service, if the member is at least 60 years old and has at least 5 years of eligibility service;

(ii) on the recommendation of the medical board, if the member or former member resigns because of disability;

(iii) when retired by order of the Supreme Court of Maryland, if the member has at least 5 years of eligibility service;

(iv) at the mandatory retirement age required by Article IV, § 3 of the Maryland Constitution with less than 5 years of eligibility service, if the member has eligibility service equal to the mandatory retirement age required by Article IV, § 3 of the Maryland Constitution minus the member’s age when the member first becomes a member; or

(v) at the age of 60 years, if the former member’s termination of service occurred earlier and the former member had at least 5 years of eligibility service when the former member terminated service.
Md. Code, Alcoholic Beverages and Cannabis § 27-2005 — MD Code / Article gab / Title 27 / Subtitle 20 / Section 27-2005
§27–2005.
Status: in_force

On January 1, a holder of a license with an on–sale privilege may sell alcoholic beverages authorized by the license for on–premises consumption at any time.
Md. Code, Alcoholic Beverages and Cannabis § 27-1306 — MD Code / Article gab / Title 27 / Subtitle 13 / Section 27-1306
§27–1306.
Status: in_force

(a) There is a beer, wine, and liquor tasting (BWLT) license.

(b) The Board may issue the license to a holder of a Class A beer, wine, and liquor license.

(c) (1) The license authorizes the holder to allow the consumption for tasting in a quantity of:

(i) not more than 1 ounce of beer from each offering and 4 ounces from all offerings;

(ii) not more than 2 ounces of wine from each offering and 4 ounces from all offerings; and

(iii) not more than one–half ounce of liquor from each offering and 1.5 ounces from all offerings.

(2) The limits on consumption specified in paragraph (1) of this subsection apply to one individual in a day.

(d) In addition to the fee for any other license held by the license holder, the annual license fee is $100.
Md. Code, Local Government § 27-202 — MD Code / Article glg / Title 27 / Subtitle 2 / Section 27-202
§27–202.
Status: in_force

(a) A petition shall:

(1) state that a specific area of land is subject to overflow or is too wet for cultivation;

(2) describe the area’s location;

(3) describe how draining, ditching, or leveeing the area, changing the natural watercourse, or other drainage projects benefit the public or promote the public health, safety, or welfare; and

(4) specify, to the extent practicable, the starting point, route, and terminus and any lateral branches of the proposed drainage project.

(b) A petition is valid only if signed by the majority of the resident landowners in the proposed drainage district or the owners of three–fifths of the land that will be affected by or assessed to finance the proposed drainage project.
Md. Code, Insurance § 27-224 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-224
§27–224.
Status: in_force

When soliciting or advertising the sale of a Medicare Advantage Plan, Medicare Advantage Prescription Drug Plan, Medicare Prescription Drug Plan (Part D), or Medicare Section 1876 cost plan, an insurance producer shall comply with the Centers for Medicare and Medicaid Services’ Medicare Marketing Guidelines, as may be amended from time to time, including the prohibitions against:

(1) engaging in door–to–door solicitation, including leaving written information at a residence or on a vehicle;

(2) approaching a Medicare beneficiary in a common area, including a parking lot, hallway, lobby, or sidewalk; and

(3) engaging in telephone or electronic solicitation.
Md. Code, Local Government § 27-405 — MD Code / Article glg / Title 27 / Subtitle 4 / Section 27-405
§27–405.
Status: in_force

(a) (1) The designated officer shall maintain a drainage record in which the designated officer shall record each petition, motion, order, report, judgment, and finding of the county commissioners or county council in each drainage transaction that comes before the county commissioners or county council as to make a complete and continuous record.

(2) Copies of all maps and profiles shall be:

(i) furnished by the engineer;

(ii) marked “official copies” by the designated officer;

(iii) kept on file in the designated officer’s office; and

(iv) open to public inspection.

(b) (1) The board of drainage commissioners shall submit to the clerk of the appropriate circuit court an easement record listing each easement for maintenance and rights–of–way that the drainage district has on any land in the county.

(2) The clerk shall make the easement record available for public inspection.
Md. Code, State Personnel and Pensions § 27-405 — MD Code / Article gsp / Title 27 / Subtitle 4 / Section 27-405
§27–405.
Status: in_force

If a member’s service is terminated by death and the member leaves no spouse, child who is under the age of 26 years or is disabled, or designated beneficiary or beneficiaries, the member’s accumulated contributions shall be paid to the member’s estate.
Md. Code, Insurance § 27-213 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-213
§27–213.
Status: in_force

A person may not make, issue, or cause to be made or issued an oral or written statement that misrepresents or makes incomplete comparisons about the terms, conditions, or benefits contained in a policy for the purpose of inducing or attempting or tending to induce the policyholder to forfeit, surrender, retain, exchange, or convert a policy or allow a policy to lapse.
Md. Code, Insurance § 27-103 — MD Code / Article gin / Title 27 / Subtitle 1 / Section 27-103
§27–103.
Status: in_force

(a) (1) If the Commissioner finds that a person in the State has engaged or is engaging in an act or practice that is defined in or prohibited under this title, the Commissioner shall order the person to cease and desist from the act or practice.

(2) The Commissioner shall hold a hearing before the Commissioner issues a cease and desist order under this subsection.

(3) The Commissioner shall give the person notice of the hearing and the charges against the person.

(b) The cease and desist order is final:

(1) if no appeal is taken, when the time allowed for taking an appeal from an order of the Commissioner expires; or

(2) if an appeal is taken, when the court issues a final decision that affirms the cease and desist order or dismisses the appeal.

(c) If an appeal is taken, the court shall issue its own order that requires compliance with the terms of the cease and desist order to the extent that the cease and desist order is affirmed.

(d) Violation of a cease and desist order issued under this section is deemed to be and is punishable as a violation of this article.

(e) A cease and desist order issued under this section or an order of court that enforces it does not relieve any person affected by the order from any other liability, penalty, or forfeiture under law.

(f) Regardless of whether a hearing is scheduled or held or a cease and desist order is issued, this section does not affect or prevent the imposition of a penalty provided by this article or other law for violation of another provision of this title.
Md. Code, Insurance § 27-402 — MD Code / Article gin / Title 27 / Subtitle 4 / Section 27-402
§27–402.
Status: in_force

The provisions of this subtitle that apply to insurers also apply to:

(1) a corporation that operates a nonprofit health service plan under Title 14, Subtitle 2 of this article;

(2) a dental plan organization as defined in § 14–401 of this article;

(3) a health maintenance organization as defined in Title 19, Subtitle 7 of the Health – General Article;

(4) a surplus lines insurer;

(5) the Maryland Automobile Insurance Fund;

(6) the State when a claim has been filed against the State under Title 12 of the State Government Article;

(7) the State when a claim has been filed against the State under Title 2, Subtitle 5 of the State Personnel and Pensions Article;

(8) the State, including the Uninsured Employers’ Fund, when a claim has been filed against the State under Title 9 of the Labor and Employment Article;

(9) the Maryland Transit Administration when acting as a self–insurer under § 7–703 of the Transportation Article;

(10) a third party administrator under Title 8, Subtitle 3 of this article;

(11) a self–insurer under § 17–103(a)(2) of the Transportation Article;

(12) the Maryland Health Insurance Plan;

(13) a governmental self–insurer group formed in accordance with § 9–404 of the Labor and Employment Article;

(14) an employer who self–insures or participates in a self–insurance group in accordance with § 9–405 of the Labor and Employment Article; and

(15) an agent, employee, or representative of an entity described in items (1) through (14) of this section.
Md. Code, Local Government § 27-603 — MD Code / Article glg / Title 27 / Subtitle 6 / Section 27-603
§27–603.
Status: in_force

(a) (1) The engineers who are appointed to the board of viewers shall receive compensation per diem, as agreed on by the county commissioners or county council.

(2) The individuals, other than the engineers, who are appointed to the board of viewers shall receive $3 per day.

(3) The rodmen, axmen, chainmen, and other laborers employed by a drainage district shall receive compensation not to exceed $2 per day each.

(b) The board of drainage commissioners may not receive a per diem but shall be reimbursed for expenses incurred when engaged in the work of the drainage district.

(c) All other fees and costs incurred under this title are the same as provided by law for similar services.
Md. Code, Alcoholic Beverages and Cannabis § 27-102 — MD Code / Article gab / Title 27 / Subtitle 1 / Section 27-102
§27–102.
Status: in_force

This title applies only in Queen Anne’s County.
Md. Code, Insurance § 27-913 — MD Code / Article gin / Title 27 / Subtitle 9 / Section 27-913
§27–913.
Status: in_force

(a) This section applies to:

(1) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to individuals or groups on an expense-incurred basis under health insurance policies or contracts that are issued or delivered in the State; and

(2) health maintenance organizations that provide hospital, medical, or surgical benefits to individuals or groups under contracts that are issued or delivered in the State.

(b) Unless otherwise provided by law, an entity subject to this section may not make benefits under a policy or contract issued or delivered by the entity in the State for the treatment of a specified disease or diagnosis subject to different copayment amounts, coinsurance, deductibles, annual maximum limits, or lifetime maximum limits than those that apply to all other diseases covered under the policy or contract.
Md. Code, Alcoholic Beverages and Cannabis § 27-402 — MD Code / Article gab / Title 27 / Subtitle 4 / Section 27-402
§27–402.
Status: in_force

A holder of a manufacturer’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, Alcoholic Beverages and Cannabis § 27-2604 — MD Code / Article gab / Title 27 / Subtitle 26 / Section 27-2604
§27–2604.
Status: in_force

(a) A judge in the District Court may issue a search warrant if a police officer or any other applicant files a complaint or an affidavit that:

(1) is sworn to by the applicant;

(2) describes with particularity the place or thing to be searched;

(3) describes with particularity the things to be searched for; and

(4) states that the applicant has reason to believe that alcoholic beverages are sold or kept to be sold or otherwise disposed of in violation of law.

(b) A warrant issued under this section shall:

(1) be directed to the sheriff, deputy sheriff, or proper police officer;

(2) include a copy of the affidavit;

(3) require the officer to whom the warrant is directed to search the place or thing described in the warrant and seize any:

(i) alcoholic beverages found in quantities that suggest that they are being kept for sale;

(ii) means to sell alcoholic beverages, including furniture, implements, and equipment;

(iii) paraphernalia of a barroom or saloon that sells alcoholic beverages; and

(iv) United States Internal Revenue tax receipts for the sale of alcoholic beverages dated during the time of the alleged offense; and

(4) require the officer to report in writing on the search and make an immediate return on the warrant.

(c) An affidavit, a warrant for search, and a report and return shall be substantially in the following form:

State of Maryland, Queen Anne’s County, to wit:

To: ..............................., of Queen Anne’s County:

Greetings: Whereas, there has been filed with the undersigned an affidavit, of which the following is a copy, to wit: Whereas on this .... day of ...., 20.., before the Subscriber, .... in and for said County, personally appeared ...., and made complaint and oath that the applicant has just and reasonable cause to suspect and believe and does suspect and believe that intoxicating liquor is sold, or except for the purpose of being sold or otherwise disposed of in violation of the law in the .... of .... at, in .... of said County, and that in and upon said premises and at said place and house will be found upon search thereof, the following:

Intoxicating liquors, and the vessels and bottles in which the same are contained, and barroom, and drinking saloon paraphernalia, and the United States Internal Revenue tax receipt for sale of intoxicating liquor at this time effective (and any other facts material):

These Are Therefore, in the name of the State of Maryland, to command you, together with the necessary and proper assistance, to enter into the said .... of the said .... at, in .... in the County aforesaid, and there diligently search for the said intoxicating liquor and means used for the sale of same, or any part thereof as described in the aforegoing affidavit of complaint, and that you bring the same, or any part thereof, found in such search, and the person or persons in whose custody they are found forthwith before me to be disposed of and dealt with according to law; and have you there this warrant.

Given under my hand this .... day of ...., 20...

………………………………………

Judge of the District Court

REPORT AND RETURN

To Hon. …., Judge of the District Court in Queen Anne’s County.

This Return and Report, made this .... day of ...., 20.., is to certify, That pursuant and in obedience to the commands of the annexed warrant to me directed, I did on the .... day of ...., 20.., enter and search the place, house and premises described in said warrant and found and seized the following, to wit: (here set forth what was found and seized), and do forthwith bring the same, and one …. the person in whose custody the same were found before you.

.……………………………………...

(Person serving warrant)
Md. Code, Public Utilities § 27-105 — MD Code / Article gpu / Title 27 / Subtitle 1 / Section 27-105
§27–105.
Status: in_force

(a) (1) If a county requires the relocation or removal of a Commission facility, the county shall give notice to the Commission of the requirement within a reasonable time.

(2) On receiving notice, the Commission shall provide the county with an estimate of the cost of removing or relocating the facility.

(3) On completion of the removal or relocation of the facility, the Commission shall provide the county with an itemized statement of the actual cost of removal or relocation.

(b) (1) For the relocation or removal of a facility for which the Commission is required to pay because of any road construction or improvement required by either Montgomery County or Prince George’s County, the governing body of the county in which the construction or improvement is made shall pay one–half of the actual cost of the construction or improvement in that county.

(2) (i) Unless the county disputes a charge in the itemized statement of actual costs, the county shall pay the costs within 6 months after receipt of the statement.

(ii) If the itemized statement as submitted or finally agreed on is not paid within 6 months after submission or agreement, the itemized statement shall bear 6% interest until paid.

(c) (1) If there is a dispute over a charge in the itemized statement of actual costs, within 3 months after receipt of the statement, the dispute shall be referred to an arbitrator selected by the Commission and the county.

(2) If the Commission and the county do not agree on an arbitrator, the Commission and the county shall each appoint an arbitrator, who jointly shall appoint a third arbitrator.

(3) If a dispute goes to arbitration, the itemized statement as finally determined shall bear 6% interest after 6 months from the date of the finding by the arbitrator or arbitrators until the statement is paid.
Md. Code, Local Government § 27-702 — MD Code / Article glg / Title 27 / Subtitle 7 / Section 27-702
§27–702.
Status: in_force

(a) A drainage district may include land that may not be affected by the completed drainage project.

(b) Any land that will not be affected by the completed drainage project may not be assessed any drainage assessment.
Md. Code, Alcoholic Beverages and Cannabis § 27-2201 — MD Code / Article gab / Title 27 / Subtitle 22 / Section 27-2201
§27–2201.
Status: in_force

Title 4, Subtitle 7 (“Expiration of Local Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Insurance § 27-603 — MD Code / Article gin / Title 27 / Subtitle 6 / Section 27-603
§27–603.
Status: in_force

(a) (1) This section applies only to policies of commercial insurance.

(2) This section does not apply to:

(i) policies in effect for 45 days or less, as provided in § 12–106 of this article; or

(ii) policies issued to exempt commercial policyholders under § 11–206 of this article, if the policies provide for written notice of not less than 30 days of the insurer’s intent to cancel or nonrenew.

(b) (1) Whenever an insurer, as required by subsection (c) of this section, gives notice of its intention to cancel or not to renew a policy issued in this State for a reason other than nonpayment of premium, the insurer shall notify the insured of the possible right to replace the insurance under the Maryland Property Insurance Availability Act, through the Maryland Automobile Insurance Fund, or through another plan for which the insured may be eligible.

(2) The notice required by paragraph (1) of this subsection shall:

(i) be in writing;

(ii) if applicable, include the current address and telephone number of the offices of the Joint Insurance Association, the Maryland Automobile Insurance Fund, or other appropriate plan; and

(iii) be sent to the insured in the same manner and at the same time as the first written notice of cancellation or of intention not to renew that is given or required by law, regulation, or contract.

(c) (1) Subject to paragraph (5) of this subsection, at least 45 days before the date of the proposed cancellation or expiration of the policy, the insurer shall send to the insured, by a first–class mail tracking method or by commercial mail delivery service, written notice of intention to cancel for a reason other than nonpayment of premium or notice of intention not to renew a policy issued in the State.

(2) The insurer shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service.

(3) Notice given to the insured by an insurance producer on behalf of the insurer is deemed to have been given by the insurer for the purposes of this subsection.

(4) No notice is required under this subsection if the insured has replaced the insurance.

(5) An insurer may not cancel a policy midterm except:

(i) when there exists:

1. a material misrepresentation or fraud in connection with the application, policy, or presentation of a claim;

2. a matter or issue related to the risk that constitutes a threat to public safety; or

3. a change in the condition of the risk that results in an increase in the hazard insured against;

(ii) for nonpayment of premium; or

(iii) due to the revocation or suspension of the driver’s license or motor vehicle registration:

1. of the named insured or covered driver under the policy; and

2. for reasons related to the driving record of the named insured or covered driver.

(d) At least 10 days before the date an insurer proposes to cancel a policy for nonpayment of premium, the insurer shall send to the insured, by a first–class mail tracking method, a written notice of intention to cancel for nonpayment of premium.

(e) (1) If an insurer provides a renewal policy and notice of premium due to an insured at least 45 days before the renewal date of the policy and the insured fails to make the required payment by the renewal date, the insurer may terminate the policy on the renewal date for nonpayment of premium after sending to the insured, by a first–class mail tracking method, a written offer to reinstate the renewal policy without lapse in coverage.

(2) An offer to reinstate under this subsection shall provide not less than 10 days for the insured to make the required premium payment.
Md. Code, Alcoholic Beverages and Cannabis § 27-803 — MD Code / Article gab / Title 27 / Subtitle 8 / Section 27-803
§27–803.
Status: in_force

(a) There is a Class B beer and wine license.

(b) The license authorizes the license holder to sell beer and wine at a hotel or restaurant, at retail, at the place described in the license, for on– and off–premises consumption.

(c) The annual license fee is $500.
Md. Code, Alcoholic Beverages and Cannabis § 27-1305 — MD Code / Article gab / Title 27 / Subtitle 13 / Section 27-1305
§27–1305.
Status: in_force

(a) There is a wine tasting (WT) license.

(b) The Board may issue the license to a holder of a Class A beer and wine license or Class A beer, wine, and liquor license.

(c) The license authorizes the holder to allow, for tasting, the on–premises consumption of wine that contains not more than 22% of alcohol by volume.

(d) The license holder may serve:

(1) not more than 2 ounces from each offering to an individual; and

(2) not more than 4 ounces to an individual in a day.

(e) In addition to the fee for any other license, the annual license fee is $100.
Md. Code, Insurance § 27-205 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-205
§27–205.
Status: in_force

(a) A person may not knowingly file with a supervisory or other public official, make, publish, disseminate, circulate, deliver to another person, place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, delivered to another person, or placed before the public a false statement of the financial condition of an insurer.

(b) A person may not:

(1) make a false entry in a book, report, or statement of an insurer with intent to deceive an agent or examiner lawfully appointed to examine the condition or affairs of the insurer or a public official to whom the insurer is required by law to report or who has authority by law to examine the condition or affairs of the insurer; or

(2) with intent to deceive, willfully omit to make a true entry of a material fact about the business of the insurer in a book, report, or statement of the insurer.
Md. Code, Alcoholic Beverages and Cannabis § 27-902 — MD Code / Article gab / Title 27 / Subtitle 9 / Section 27-902
§27–902.
Status: in_force

(a) A hotel for which a Class B license of any type is issued shall:

(1) be a building constructed for hotel purposes;

(2) have at least 20 bedrooms;

(3) provide services ordinarily found in hotels to accommodate the public;

(4) have a dining room with facilities for preparing and serving meals; and

(5) have average daily receipts from the sale of food that exceed the average daily receipts from the sale of alcoholic beverages.

(b) A restaurant for which a Class B license of any type is issued shall:

(1) be a business establishment to accommodate the public;

(2) be fully equipped with a proper and adequate dining room with seating for at least 12 individuals;

(3) have sufficient facilities that have been approved by the Board for preparing and serving meals; and

(4) have average daily receipts from the sale of food that are at least 51% of the average daily receipts of the business.

(c) The Board:

(1) shall require a holder of a Class B license at least every 2 years, on dates that the Board sets, to file with the Board a sworn statement that the gross receipts from food sales in the restaurant for the 6 months immediately before the filing of the report exceed the gross receipts from the sale of alcoholic beverages; and

(2) may require a license holder to provide supporting data to establish that the requirements of subsection (b) of this section relating to the ratio of gross receipts from the sale of food to those from the sale of alcoholic beverages have been met.

(d) (1) Before a Class B license of any type is issued, the applicant shall attest in a sworn statement that gross receipts from food sales in the restaurant will exceed the gross receipts from the sale of alcoholic beverages.

(2) If the license holder fails to maintain gross receipts from the sale of food that exceed the gross receipts from the sale of alcoholic beverages during any 6–month period, the Board may revoke the license.
Md. Code, Local Government § 27-902 — MD Code / Article glg / Title 27 / Subtitle 9 / Section 27-902
§27–902.
Status: in_force

(a) A county tax collector may not willfully fail to make prompt payments of the interest and principal on bonds issued under this title.

(b) A county tax collector who violates this section is guilty of a misdemeanor and on conviction is subject to a fine and imprisonment.

(c) A county tax collector who violates this section is liable to the board of drainage commissioners or the holder of the bonds in a civil action in an amount equal to all damages which may accrue to the board or bond holder as a result of the violation.
Md. Code, Insurance § 27-604 — MD Code / Article gin / Title 27 / Subtitle 6 / Section 27-604
§27–604.
Status: in_force

(a) (1) This section applies only to policies of personal insurance and insurance issued under the Maryland Property Insurance Availability Act or any similar act instituted to ensure the availability of insurance.

(2) This section does not apply to policies in effect for 45 days or less, as provided in § 12-106 of this article.

(b) (1) Whenever an insurer cancels or refuses to renew a policy subject to this section, the insurer must provide to the named insured a statement of the actual reason for the cancellation or refusal to renew.

(2) The Commissioner may not disallow a proposed action of an insurer because the statement of actual reason contains:

(i) grammatical, typographical, or other errors, if the errors are not material to the proposed action and are not misleading;

(ii) surplus information, if the surplus information is not misleading; or

(iii) erroneous information, if in the absence of the erroneous information there is a sufficient basis to support the proposed action.

(c) A statement of actual reason is privileged and does not constitute grounds for an action against the insurer, its representatives, or another person that in good faith provides to the insurer information on which the statement is based.

(d) (1) The reason given in the statement of actual reason shall be clear and specific.

(2) The use of generalized terms such as “personal habits”, “physical handicap or disability”, “living conditions”, “poor morals”, or “violation or accident record” does not meet the requirement of this subsection.
Md. Code, Alcoholic Beverages and Cannabis § 27-2401 — MD Code / Article gab / Title 27 / Subtitle 24 / Section 27-2401
§27–2401.
Status: in_force

Title 4, Subtitle 9 (“Judicial Review”) of Division I of this article applies in the county without exception or variation.
Md. Code, State Personnel and Pensions § 27-402 — MD Code / Article gsp / Title 27 / Subtitle 4 / Section 27-402
§27–402.
Status: in_force

(a) Except as provided in subsection (b) of this section and subject to subsections (c) and (d) of this section, on retirement under this subtitle, a retiree is entitled to receive a retirement allowance that equals two-thirds of the salary payable in that fiscal year to a member holding the same level judicial position as that held by the retiree on termination of service.

(b) (1) This subsection applies only to a retiree who is a magistrate in chancery or juvenile causes at the time of termination of service.

(2) Subject to subsections (c) and (d) of this section, on retirement under this subtitle, a retiree is entitled to receive a retirement allowance that equals:

(i) two–thirds of the salary payable at the time of termination of service; or

(ii) for a retiree who was receiving a retirement allowance as of June 30, 1993, the retirement allowance being received as of that date.

(3) A retirement allowance computed under paragraph (2) of this subsection shall be increased each fiscal year that circuit court judges receive salary increases, at a rate equal to the average rate of increase of salaries of all circuit court judges for that fiscal year.

(c) (1) (i) This paragraph applies only to an individual who is a member of the Judges’ Retirement System on or before June 30, 2012.

(ii) On retirement under this subtitle by a retiree who has less than 16 years of service credit as a member, the retiree is entitled to a reduced retirement allowance that equals the retirement allowance computed under subsection (a) or (b) of this section multiplied by a fraction that has:

1. for its numerator, the number of years of service credit as a member; and

2. for its denominator, 16.

(2) (i) This paragraph applies only to an individual who becomes a member of the Judges’ Retirement System on or after July 1, 2012.

(ii) On retirement under this subtitle by a retiree who has at least 5 years but less than 16 years of service credit as a member, the retiree is entitled to a reduced retirement allowance that equals the retirement allowance computed under subsection (a) or (b) of this section multiplied by a fraction that has:

1. for its numerator, the number of years of service credit as a member; and

2. for its denominator, 16.

(iii) On retirement under this subtitle by a retiree who is eligible to retire under § 27–401(b)(2)(iv) of this subtitle, the retiree is entitled to a reduced retirement allowance that equals the retirement allowance computed under subsection (a) or (b) of this section multiplied by a fraction that has:

1. for its numerator, the number of years of service credit as a member; and

2. for its denominator, 16.

(d) (1) This subsection applies to a member or former member who:

(i) retires on disability; or

(ii) is deemed to retire on disability under paragraph (3) of this subsection.

(2) If a member or former member has at least 3 years of service credit as a member, the member or former member is entitled to a retirement allowance that is at least one-third of the member’s or former member’s salary at retirement.

(3) A member who dies after submitting an application for disability but before the medical board approves the application is deemed retired on disability.
Md. Code, Insurance § 27-703 — MD Code / Article gin / Title 27 / Subtitle 7 / Section 27-703
§27–703.
Status: in_force

An unauthorized foreign insurer or unauthorized alien insurer may not make, issue, circulate, or cause to be made, issued, or circulated to residents of the State an estimate, illustration, circular, pamphlet, or letter, or cause to be made in a newspaper, magazine, or other publication or over a radio or television station an announcement or statement to residents that misrepresents the insurer’s financial condition, the terms of or benefits or advantages promised by insurance contracts issued or to be issued, or the dividends or share of the surplus to be received on the insurance contracts in violation of this title.
Md. Code, Alcoholic Beverages and Cannabis § 27-1301 — MD Code / Article gab / Title 27 / Subtitle 13 / Section 27-1301
§27–1301.
Status: in_force

Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Insurance § 27-802 — MD Code / Article gin / Title 27 / Subtitle 8 / Section 27-802
§27–802.
Status: in_force

(a) (1) An authorized insurer, its employees, fund producers, insurance producers, a viatical settlement provider, or a viatical settlement broker who in good faith has cause to believe that insurance fraud has been or is being committed shall report the suspected insurance fraud in writing to the Commissioner, the Fraud Division, or the appropriate federal, State, or local law enforcement authorities.

(2) An independent insurance producer shall meet the reporting requirement of this subsection by reporting the suspected insurance fraud in writing to the Fraud Division.

(3) A registered premium finance company shall meet the requirement of this subsection by reporting suspected insurance fraud in writing to the Fraud Division.

(4) A governmental self–insurance group formed in accordance with § 9–404 of the Labor and Employment Article or an employer who self–insures or participates in a self–insurance group in accordance with § 9–405 of the Labor and Employment Article shall meet the reporting requirement of this subsection by reporting suspected insurance fraud in writing to the Fraud Division.

(b) In addition to any protection provided under Title 4, Subtitle 4, Part IV of the General Provisions Article, any information, documentation, or other evidence provided under this section by an insurer, its employees, fund producers, or insurance producers, a viatical settlement provider, a viatical settlement broker, an independent insurance producer, a registered premium finance company, a governmental self–insurance group, or an employer who self–insures or participates in a self–insurance group to the Commissioner, the Fraud Division, or a federal, State, or local law enforcement authority in connection with an investigation of suspected insurance fraud is not subject to public inspection for as long as the Commissioner, Fraud Division, or law enforcement authority considers the withholding to be necessary to complete an investigation of the suspected fraud or to protect the person investigated from unwarranted injury.

(c) A person is not subject to civil liability for a cause of action by virtue of reporting suspected insurance fraud, or furnishing or receiving information relating to suspected, anticipated, or completed fraudulent insurance acts, if:

(1) the report was made, or the information was furnished to or received from:

(i) the Commissioner, Fraud Division, or an appropriate federal, State, or local law enforcement authority;

(ii) the National Association of Insurance Commissioners or its agent, employee, or designee;

(iii) a nonprofit organization established to detect and prevent fraudulent insurance acts or its agent, employee, or designee;

(iv) a person that contracts to provide special investigative unit services to an insurer; or

(v) a provider of a recognized comprehensive database system that the Commissioner approves to monitor activities involving insurance fraud or an employee of the provider; and

(2) the person that reported the suspected insurance fraud, or furnished or received the information, acted in good faith when making the report or furnishing or receiving the information.
Md. Code, Insurance § 27-105 — MD Code / Article gin / Title 27 / Subtitle 1 / Section 27-105
§27–105.
Status: in_force

If an order issued by the Commissioner under § 27-103 of this subtitle or a report of the Commissioner made under § 27-104 of this subtitle does not charge a violation of this title, any intervenor in the proceedings may appeal from the order or report in the time and manner provided in this article for appeals from orders of the Commissioner generally.
Md. Code, Alcoholic Beverages and Cannabis § 27-2602 — MD Code / Article gab / Title 27 / Subtitle 26 / Section 27-2602
§27–2602.
Status: in_force

(a) The intention of this subtitle is to prevent the evasion and violation of alcoholic beverages laws in the county.

(b) This subtitle shall be liberally construed to carry out this purpose.
Md. Code, Alcoholic Beverages and Cannabis § 27-2301 — MD Code / Article gab / Title 27 / Subtitle 23 / Section 27-2301
§27–2301.
Status: in_force

Title 4, Subtitle 8 (“Death of License Holder”) of Division I of this article applies in the county without exception or variation.
Md. Code, Alcoholic Beverages and Cannabis § 27-1103 — MD Code / Article gab / Title 27 / Subtitle 11 / Section 27-1103
§27–1103.
Status: in_force

(a) The Board may issue a nonrefillable container permit for draft beer to a holder of a Class A license, a Class B license, a Class C 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) (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 § 27-1304 — MD Code / Article gab / Title 27 / Subtitle 13 / Section 27-1304
§27–1304.
Status: in_force

(a) In this section, “Festival” means a Beer and Wine Festival (BWF) in Queen Anne’s County.

(b) There is a Beer and Wine Festival (BWF) license.

(c) The Board may issue the license to a holder of a retail license, Class 3 winery license, or Class 4 limited winery license.

(d) The license authorizes the holder to display and sell:

(1) wine that is:

(i) manufactured and processed in any state; and

(ii) distributed in the State when the license application is filed; or

(2) beer that is brewed by a brewer:

(i) that brews less than 60,000 barrels of beer annually; and

(ii) whose product is distributed in the State when the license application is filed.

(e) A license holder shall display and sell beer and wine:

(1) at retail for on– and off–premises consumption; and

(2) during the hours and days designated for the Festival.

(f) The Board:

(1) each year may choose for the Festival a maximum of 4 weekends, each of which:

(i) extends from Friday through Sunday, inclusive; but

(ii) is not within 14 days before or after the weekend chosen for the Maryland Wine Festival in Carroll County;

(2) shall choose a location that is not already licensed; and

(3) shall ensure that the primary focus of the Festival is the promotion of Maryland beer and wine.

(g) The license holder may hold another license of a different class or nature.

(h) Beer and wine displayed and sold shall be:

(1) invoiced to the license holder by a licensed wholesaler, Class 3 winery, or Class 4 limited winery; and

(2) delivered to the Festival from the licensed premises of the wholesaler, Class 3 winery, or Class 4 limited winery.

(i) A holder of a wholesale, Class 3 winery, or Class 4 limited winery license may enter into an agreement with the license holder to:

(1) deliver beer and wine not earlier than 2 days before the effective date of the license; and

(2) accept returns not later than 2 days after the expiration date of the license.

(j) The Board may set the license fee.

(k) The Board shall adopt regulations to carry out this section.
Md. Code, State Personnel and Pensions § 27-201 — MD Code / Article gsp / Title 27 / Subtitle 2 / Section 27-201
§27–201.
Status: in_force

(a) The following individuals are members of the Judges’ Retirement System:

(1) a judge of the Supreme Court of Maryland, Appellate Court of Maryland, circuit court of a county, or District Court of Maryland;

(2) a member of the State Workers’ Compensation Commission; and

(3) a magistrate in chancery or magistrate in juvenile causes who:

(i) was appointed by the circuit court of a county on or before June 30, 1989; and

(ii) serves full time as a magistrate.

(b) A former judge who is temporarily assigned to sit in a court of the State under the authority of Article IV, § 3A of the Maryland Constitution is not a member.
Md. Code, Insurance § 27-210 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-210
§27–210.
Status: in_force

(a) Sections 27–208 and 27–209 of this subtitle may not be construed to include within the definition of discrimination or rebates any of the practices set forth in this section.

(b) For a contract of life insurance or an annuity contract, it is not discrimination or a rebate to pay bonuses to policyholders or otherwise abate their premiums wholly or partly out of the surplus accumulated from nonparticipating insurance, if the bonuses or abatement of premiums is fair, equitable to, and in the best interest of policyholders.

(c) For policies of life insurance or health insurance issued on the industrial debit, preauthorized check, bank draft, or similar plans, it is not discrimination or a rebate to make an allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer or by preauthorized check, bank draft, or similar plans in an amount that fairly represents the savings in collection expense.

(d) It is not discrimination or a rebate to readjust the rate of premium for a group policy based on the loss or expense experience under the policy, at the end of any policy year, retroactive only for that policy year.

(e) It is not discrimination or a rebate to reduce the premium rate for policies of large amount, if the reduction does not exceed savings in issuance and administrative expenses reasonably attributable to policies of large amount as compared with policies of similar plan issued in smaller amounts.

(f) It is not discrimination or a rebate to issue policies of life insurance or health insurance or annuity contracts on a salary savings or payroll deduction plan or other distribution plan at a reduced rate reasonably commensurate with the savings made by use of the plan.

(g) It is not discrimination or a rebate to issue policies of health insurance that provide for increases in benefits to policyholders who maintain their policies continuously in force without lapse for specified periods.

(h) (1) In this subsection, “wellness program” means a program that:

(i) meets the requirements of a participatory wellness program or a health–contingent wellness program under § 15–509 of this article; and

(ii) is provided as a benefit outside of the health insurance or health maintenance organization contract.

(2) It is not discrimination or a rebate for a carrier to provide reasonable incentives to an individual who is an insured, a subscriber, or a member for participation in a wellness program offered by the carrier.

(3) Any incentive offered for participation in a wellness program:

(i) shall be reasonably related to the wellness program; and

(ii) may not have a value that exceeds any limit established in regulations adopted by the Commissioner.

(4) The Commissioner shall adopt regulations to implement the provisions of this subsection.
Md. Code, Transportation § 27-104 — MD Code / Article gtr / Title 27 / Subtitle 1 / Section 27-104
§27–104.
Status: in_force

(a) If a defendant is found not guilty of the offense charged, the Comptroller shall reimburse the defendant for any forfeited bond or collateral received by the Comptroller after a District Court judge has stricken the forfeiture.

(b) If a defendant is found guilty of the offense charged, but the fine is less than the amount of the forfeited bond or collateral, the Comptroller shall reimburse the defendant for any amount received by the Comptroller that exceeds the fine.
Md. Code, Alcoholic Beverages and Cannabis § 27-2101 — MD Code / Article gab / Title 27 / Subtitle 21 / Section 27-2101
§27–2101.
Status: in_force

Title 4, Subtitle 6 (“Revocation and Suspension of Local Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Insurance § 27-219 — MD Code / Article gin / Title 27 / Subtitle 2 / Section 27-219
§27–219.
Status: in_force

A person that is not an insurer may not assume or use a name that deceptively implies or suggests that it is an insurer.
Md. Code, Alcoholic Beverages and Cannabis § 27-1505 — MD Code / Article gab / Title 27 / Subtitle 15 / Section 27-1505
§27–1505.
Status: in_force

The Board may:

(1) give tentative approval to issuing a license for an establishment that is not completed, based on plans and specifications that accompany the application; and

(2) issue the license when the construction is completed in accordance with the plans and specifications.
Md. Code, Alcoholic Beverages and Cannabis § 27-103 — MD Code / Article gab / Title 27 / Subtitle 1 / Section 27-103
§27–103.
Status: in_force

A copy of any legislation concerning alcoholic beverages enacted by the County Commissioners under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.