Md. Code, Business Occupations and Professions § 5-6A-01 — MD Code / Article gbo / Title 5 / Subtitle 6A / Section 5-6A-01
§5–6A–01.
Status: reserved

The Cosmetology Licensure Compact is hereby enacted and entered into with all other jurisdictions that legally join in the Compact in the form substantially as the Compact appears in this section as follows:

Article 1. Purpose.

The purpose of this Compact is to facilitate the interstate practice and regulation of Cosmetology with the goal of improving public access to, and the safety of, Cosmetology Services and reducing unnecessary burdens related to Cosmetology licensure. Through this Compact, the Member States seek to establish a regulatory framework which provides for a new multistate licensing program. Through this new licensing program, the Member States seek to provide increased value and mobility to licensed Cosmetologists in the Member States, while ensuring the provision of safe, effective, and reliable services to the public.

This Compact is designed to achieve the following objectives and the Member States hereby ratify the same intentions by subscribing hereto:

A. Provide opportunities for interstate practice by Cosmetologists who meet uniform requirements for multistate licensure;

B. Enhance the abilities of Member States to protect public health and safety and prevent fraud and unlicensed activity within the profession;

C. Ensure and encourage cooperation between Member States in the licensure and regulation of the Practice of Cosmetology;

D. Support relocating military members and their spouses;

E. Facilitate the exchange of information between Member States related to the licensure, investigation, and discipline of the Practice of Cosmetology;

F. Provide for the licensure and mobility of the workforce in the profession while addressing the shortage of workers and lessening the associated burdens on the Member States.

Article 2. Definitions.

As used in this Compact, and except as otherwise provided, the following definitions shall govern the terms herein:

A. “Active Military Member” means any individual with full–time duty status in the armed forces of the United States, including members of the National Guard and Reserve.

B. “Adverse Action” means any administrative, civil, equitable, or criminal action permitted by a Member State’s laws which is imposed by a State Licensing Authority or other regulatory body against a Cosmetologist, including actions against an individual’s license or Authorization to Practice such as revocation, suspension, probation, monitoring of the Licensee, limitation of the Licensee’s practice, or any other Encumbrance on a license affecting an individual’s ability to participate in the Cosmetology industry, including the issuance of a cease and desist order.

C. “Alternative Program” means a non–disciplinary monitoring or prosecutorial diversion program approved by a Member State’s State Licensing Authority.

D. “Authorization to Practice” means a legal authorization associated with a Multistate License permitting the Practice of Cosmetology in that Remote State, which shall be subject to the enforcement jurisdiction of the State Licensing Authority in that Remote State.

E. “Background Check” means the submission of information for an applicant for the purpose of obtaining that applicant’s criminal history record information, as further defined in 28 C.F.R. § 20.3(d), from the Federal Bureau of Investigation and the agency responsible for retaining State criminal or disciplinary history in the applicant’s Home State.

F. “Charter Member State” means Member States who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Compact as defined in Article 13.

G. “Commission” means the government agency whose membership consists of all States that have enacted this Compact, which is known as the Cosmetology Licensure Compact Commission, as defined in Article 9, and which shall operate as an instrumentality of the Member States.

H. “Cosmetologist” means an individual licensed in their Home State to practice Cosmetology.

I. “Cosmetology”, “Cosmetology Services”, and the “Practice of Cosmetology” mean the care and services provided by a Cosmetologist as set forth in the Member State’s statutes and regulations in the State where the services are being provided.

J. “Current Significant Investigative Information” means:

1. Investigative Information that a State Licensing Authority, after an inquiry or investigation that complies with a Member State’s due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that State’s laws regarding fraud or the Practice of Cosmetology; or

2. Investigative Information that indicates that a Licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the Licensee has been notified and had an opportunity to respond.

K. “Data System” means a repository of information about Licensees, including license status, Investigative Information, and Adverse Actions.

L. “Disqualifying Event” means any event which shall disqualify an individual from holding a Multistate License under this Compact, which the Commission may by Rule or order specify.

M. “Encumbered License” means a license in which an Adverse Action restricts the Practice of Cosmetology by a Licensee, or where said Adverse Action has been reported to the Commission.

N. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted Practice of Cosmetology by a State Licensing Authority.

O. “Executive Committee” means a group of delegates elected or appointed to act on behalf of and within the powers granted to them by the Commission.

P. “Home State” means the Member State which is a Licensee’s primary State of residence and where that Licensee holds an active and unencumbered license to practice Cosmetology.

Q. “Investigative Information” means information, records, or documents received or generated by a State Licensing Authority pursuant to an investigation or other inquiry.

R. “Jurisprudence Requirement” means the assessment of an individual’s knowledge of the laws and rules governing the Practice of Cosmetology in a State.

S. “Licensee” means an individual who currently holds a license from a Member State to Practice as a Cosmetologist.

T. “Member State” means any State that has adopted this Compact.

U. “Multistate License” means a license issued by and subject to the enforcement jurisdiction of the State Licensing Authority in a Licensee’s Home State, which authorizes the Practice of Cosmetology in Member States and includes Authorizations to Practice Cosmetology in all Remote States pursuant to this Compact.

V. “Remote State” means any Member State, other than the Licensee’s Home State.

W. “Rule” means any rule or regulation promulgated by the Commission under this Compact that has the force of law.

X. “Single–State License” means a Cosmetology license issued by a Member State that authorizes the Practice of Cosmetology only within the issuing State and does not include any authorization outside of the issuing State.

Y. “State” means a State, territory, or possession of the United States and the District of Columbia.

Z. “State Licensing Authority” means a Member State’s regulatory body responsible for issuing Cosmetology licenses or otherwise overseeing the Practice of Cosmetology in that State.

Article 3. Member State Requirements.

A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a State must:

1. License and regulate Cosmetology;

2. Have a mechanism or entity in place to receive and investigate complaints about Licensees practicing in that State;

3. Require that Licensees within the State pass a Cosmetology competency examination prior to being licensed to provide Cosmetology Services to the public in that State;

4. Require that Licensees satisfy educational or training requirements in Cosmetology prior to being licensed to provide Cosmetology Services to the public in that State;

5. Implement procedures for considering one or more of the following categories of information from applicants for licensure: criminal history; disciplinary history; or Background Check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant’s Background Check as defined herein;

6. Participate in the Data System, including through the use of unique identifying numbers;

7. Share information related to Adverse Actions with the Commission and other Member States, both through the Data System and otherwise;

8. Notify the Commission and other Member States, in compliance with the terms of the Compact and Rules of the Commission, of the existence of Investigative Information or Current Significant Investigative Information in the State’s possession regarding a Licensee practicing in that State;

9. Comply with such Rules as may be enacted by the Commission to administer the Compact; and

10. Accept Licensees from other Member States as established herein.

B. Member States may charge a fee for granting a license to practice Cosmetology.

C. Individuals not residing in a Member State shall continue to be able to apply for a Member State’s Single–State License as provided under the laws of each Member State. However, the Single–State License granted to these individuals may not be recognized as granting a Multistate License to provide services in any other Member State.

D. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single–State License.

E. A Multistate License issued to a Licensee by a Home State to a resident of that State shall be recognized by each Member State as authorizing a Licensee to practice Cosmetology in each Member State.

F. At no point shall the Commission have the power to define the educational or professional requirements for a license to practice Cosmetology. The Member States shall retain sole jurisdiction over the provision of these requirements.

Article 4. Multistate License.

A. To be eligible to apply to their Home State’s State Licensing Authority for an initial Multistate License under this Compact, a Licensee must hold an active and unencumbered Single–State License to practice Cosmetology in their Home State.

B. Upon the receipt of an application for a Multistate License, according to the Rules of the Commission, a Member State’s State Licensing Authority shall ascertain whether the applicant meets the requirements for a Multistate License under this Compact.

C. If an applicant meets the requirements for a Multistate License under this Compact and any applicable Rules of the Commission, the State Licensing Authority in receipt of the application shall, within a reasonable time, grant a Multistate License to that applicant, and inform all Member States of the grant of said Multistate License.

D. A Multistate License to practice Cosmetology issued by a Member State’s State Licensing Authority shall be recognized by each Member State as authorizing the practice thereof as though that Licensee held a Single–State License to do so in each Member State, subject to the restrictions herein.

E. A Multistate License granted pursuant to this Compact may be effective for a definite period of time, concurrent with the licensure renewal period in the Home State.

F. To maintain a Multistate License under this Compact, a Licensee shall:

1. Agree to abide by the rules of the State Licensing Authority, and the State scope of practice laws governing the Practice of Cosmetology, of any Member State in which the Licensee provides services;

2. Pay all required fees related to the application and process and any other fees which the Commission may by Rule require; and

3. Comply with any and all other requirements regarding Multistate Licenses which the Commission may by Rule provide.

G. A licensee practicing in a Member State is subject to all scope of practice laws governing Cosmetology Services in that State.

H. The Practice of Cosmetology under a Multistate License granted pursuant to this Compact shall subject the Licensee to the jurisdiction of the State Licensing Authority, the courts, and the laws of the Member State in which the Cosmetology Services are provided.

Article 5. Reissuance of a Multistate License by a New Home State.

A. A Licensee may hold a Multistate License, issued by their Home State, in only one Member State at any given time.

B. If a Licensee changes their Home State by moving between two Member States:

1. The Licensee shall immediately apply for the reissuance of their Multistate License in their new Home State. The Licensee shall pay all applicable fees and notify the prior Home State in accordance with the Rules of the Commission.

2. Upon receipt of an application to reissue a Multistate License, the new Home State shall verify that the Multistate License is active, unencumbered, and eligible for reissuance under the terms of the Compact and the Rules of the Commission. The Multistate License issued by the prior Home State will be deactivated and all Member States notified in accordance with the applicable Rules adopted by the Commission.

3. If required for initial licensure, the new Home State may require a Background Check as specified in the laws of that State or the compliance with any Jurisprudence Requirements of the new Home State.

4. Notwithstanding any other provision of this Compact, if a Licensee does not meet the requirements set forth in this Compact for the reissuance of a Multistate License by the new Home State, then the Licensee shall be subject to the new Home State requirements for the issuance of a Single–State License in that State.

C. If a Licensee changes their primary State of residence by moving from a Member State to a non–Member State, or from a non–Member State to a Member State, then the Licensee shall be subject to the State requirements for the issuance of a Single–State License in the new Home State.

D. Nothing in this Compact shall interfere with a Licensee’s ability to hold a Single–State License in multiple States; however for the purposes of this Compact, a Licensee shall have only one Home State and only one Multistate License.

E. Nothing in this Compact may interfere with the requirements established by a Member State for the issuance of a Single–State License.

Article 6. Authority of the Compact Commission and Member State Licensing Authorities.

A. Nothing in this Compact, nor any Rule or regulation of the Commission, may be construed to limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws, regulations, or other rules related to the Practice of Cosmetology in that State, if those laws, regulations, or other rules are not inconsistent with the provisions of this Compact.

B. Insofar as practical, a Member State’s State Licensing Authority shall cooperate with the Commission and with each entity exercising independent regulatory authority over the Practice of Cosmetology according to the provisions of this Compact.

C. Discipline shall be the sole responsibility of the State in which Cosmetology Services are provided. Accordingly, each Member State’s State Licensing Authority shall be responsible for receiving complaints about individuals practicing Cosmetology in that State and for communicating all relevant Investigative Information about any such Adverse Action to the other Member States through the Data System in addition to any other methods the Commission may by Rule require.

Article 7. Adverse Actions.

A. A Licensee’s Home State shall have exclusive power to impose an Adverse Action against a Licensee’s Multistate License issued by the Home State.

B. A Home State may take Adverse Action on a Multistate License based on the Investigative Information, Current Significant Investigative Information, or Adverse Action of a Remote State.

C. In addition to the powers conferred by State law, each Remote State’s State Licensing Authority shall have the power to:

1. Take Adverse Action against a Licensee’s Authorization to Practice Cosmetology through the Multistate License in that Member State, provided that:

a. Only the Licensee’s Home State shall have the power to take Adverse Action against the Multistate License issued by the Home State; and

b. For the purposes of taking Adverse Action, the Home State’s State Licensing Authority shall give the same priority and effect to reported conduct received from a Remote State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine the appropriate action.

2. Issue cease and desist orders or impose an Encumbrance on a Licensee’s Authorization to Practice within that Member State.

3. Complete any pending investigations of a Licensee who changes their primary State of residence during the course of such an investigation. The State Licensing Authority may report the results of an investigation to the Commission through the Data System as described herein.

4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a State Licensing Authority in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing State Licensing Authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.

5. If otherwise permitted by State law, recover from the affected Licensee the costs of investigations and disposition of cases resulting from any Adverse Action taken against that Licensee.

6. Take Adverse Action against the Licensee’s Authorization to Practice in that State based on the factual findings of another Remote State.

D. A Licensee’s Home State shall complete any pending investigation of a Cosmetologist who changes their primary State of residence during the course of the investigation. The Home State shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the Data System.

E. If an Adverse Action is taken by the Home State against a Licensee’s Multistate License, the Licensee’s Authorization to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the Home State License. All Home State disciplinary orders that impose an Adverse Action against a Licensee’s Multistate License shall include a statement that the Cosmetologist’s Authorization to Practice is deactivated in all Member States during the pendency of the order.

F. Nothing in this Compact shall override a Member State’s authority to accept a Licensee’s participation in an Alternative Program in lieu of Adverse Action. A Licensee’s Multistate License shall be suspended for the duration of the Licensee’s participation in any Alternative Program.

G. Joint Investigations.

1. In addition to the authority granted to a Member State by its respective scope of practice laws or other applicable State law, a Member State may participate with other Member States in joint investigations of Licensees.

2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

Article 8. Active Military Members and Their Spouses.

Active Military Members, or their spouses, shall designate a Home State where the individual has a current license to practice Cosmetology in good standing. The individual may retain their Home State designation during any period of service when that individual or their spouse is on active duty assignment.

Article 9. Establishment and Operation of the Cosmetology Licensure Compact Commission.

A. The Compact Member States hereby create and establish a joint government agency whose membership consists of all Member States that have enacted the Compact known as the Cosmetology Licensure Compact Commission. The Commission is an instrumentality of the Compact Member States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact as set forth in Article 13.

B. Membership, Voting, and Meetings.

1. Each Member State shall have and be limited to one delegate selected by that Member State’s State Licensing Authority.

2. The delegate shall be an administrator of the State Licensing Authority of the Member State or their designee.

3. The Commission shall by Rule or bylaw establish a term of office for delegates and may by Rule or bylaw establish term limits.

4. The Commission may recommend removal or suspension of any delegate from office.

5. A Member State’s State Licensing Authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.

6. Each delegate shall be entitled to one vote on all matters that are voted on by the Commission.

7. The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.

C. The Commission shall have the following powers:

1. Establish the fiscal year of the Commission;

2. Establish a code of conduct and conflict of interest policies;

3. Adopt Rules and bylaws;

4. Maintain its financial records in accordance with the bylaws;

5. Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s Rules, and the bylaws;

6. Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Authority to sue or be sued under applicable law may not be affected;

7. Maintain and certify records and information provided to a Member State as the authenticated business records of the Commission and designate an agent to do so on the Commission’s behalf;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of personnel, including employees of a Member State;

10. Conduct an annual financial review;

11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

12. As set forth in the Commission Rules, charge a fee to a Licensee for the grant of a Multistate License and thereafter, as may be established by Commission Rule, charge the Licensee a Multistate License renewal fee for each renewal period. Nothing herein may be construed to prevent a Home State from charging a Licensee a fee for a Multistate License or renewals of a Multistate License, or a fee for the Jurisprudence Requirement if the Member State imposes such a requirement for the grant of a Multistate License;

13. Assess and collect fees;

14. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;

15. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

16. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

17. Establish a budget and make expenditures;

18. Borrow money;

19. Appoint committees, including standing committees, composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

20. Provide and receive information from and cooperate with law enforcement agencies;

21. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the Commission as provided in the Commission’s bylaws;

22. Establish and elect an Executive Committee, including a Chair and a Vice Chair;

23. Adopt and provide to the Member States an annual report;

24. Determine whether a State’s adopted language is materially different from the model Compact language such that the State would not qualify for participation in the Compact; and

25. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.

D. The Executive Committee.

1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include:

a. Overseeing the day–to–day activities of the administration of the Compact including compliance with the provisions of the Compact, the Commission’s Rules and bylaws, and such other duties as deemed necessary;

b. Recommending to the Commission changes to the Rules or bylaws, changes to this Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and other fees;

c. Ensuring Compact administration services are appropriately provided, including by contract;

d. Preparing and recommending the budget;

e. Maintaining financial records on behalf of the Commission;

f. Monitoring Compact compliance of Member States and providing compliance reports to the Commission;

g. Establishing additional committees as necessary;

h. Exercising the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule or bylaw; and

i. Other duties as provided in the Rules or bylaws of the Commission.

2. The Executive Committee shall be composed of up to seven voting members.

a. The Chair and Vice Chair of the Commission and any other members of the Commission who serve on the Executive Committee shall be voting members of the Executive Committee; and

b. Other than the Chair, Vice Chair, Secretary and Treasurer, the Commission shall elect three voting members from the current membership of the Commission.

c. The Commission may elect ex officio, nonvoting members from a recognized national Cosmetology professional association as approved by the Commission. The Commission’s bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this Article.

3. The Commission may remove any member of the Executive Committee as provided in the Commission’s bylaws.

4. The Executive Committee shall meet at least annually.

a. Annual Executive Committee meetings, as well as any Executive Committee meeting at which it does not take or intend to take formal action on a matter for which a Commission vote would otherwise be required, shall be open to the public, except that the Executive Committee may meet in a closed, non–public session of a public meeting when dealing with any of the matters covered under Article 9.F.4.

b. The Executive Committee shall give 5 business days advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the Executive Committee intends to address at those meetings.

5. The Executive Committee may hold an emergency meeting when acting for the Commission to:

a. Meet an imminent threat to public health, safety, or welfare;

b. Prevent a loss of Commission or Member State funds; or

c. Protect public health and safety.

E. The Commission shall adopt and provide to the Member States an annual report.

F. Meetings of the Commission.

1. All meetings of the Commission that are not closed pursuant to Article 9.F.4. shall be open to the public. Notice of public meetings shall be posted on the Commission’s website at least 30 days prior to the public meeting.

2. Notwithstanding Article 9.F.1., the Commission may convene an emergency public meeting by providing at least 24 hours prior notice on the Commission’s website, and any other means as provided in the Commission’s Rules, for any of the reasons it may dispense with notice of proposed rulemaking under Article 11.L. The Commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.

3. Notice of all Commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.

4. The Commission may convene in a closed, non–public meeting for the Commission to discuss:

a. Non–compliance of a Member State with its obligations under the Compact;

b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

c. Current or threatened discipline of a Licensee by the Commission or by a Member State’s Licensing Authority;

d. Current, threatened, or reasonably anticipated litigation;

e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

f. Accusing any person of a crime or formally censuring any person;

g. Trade secrets or commercial or financial information that is privileged or confidential;

h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

i. Investigative records compiled for law enforcement purposes;

j. Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;

k. Legal advice;

l. Matters specifically exempted from disclosure to the public by federal or Member State law; or

m. Other matters as promulgated by the Commission by Rule.

5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.

6. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

G. Financing of the Commission.

1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each Member State and impose fees on Licensees of Member States to whom it grants a Multistate License to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for Member States shall be allocated based upon a formula that the Commission shall promulgate by Rule.

4. The Commission may not incur obligations of any kind prior to securing the adequate funds to meet the same; nor shall the Commission pledge the credit of any Member States, except by and with the authority of the Member State.

5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant and the report of the financial review shall be included in and become part of the annual report of the Commission.

H. Qualified Immunity, Defense, and Indemnification.

1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission may not in any way compromise or limit the immunity granted hereunder.

2. The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein may be construed to prohibit that person from retaining their own counsel at their own expense; and provided further that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

4. Nothing herein shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws.

5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member State’s State action immunity or State action affirmative defense with respect to antitrust claims under the federal Sherman Act, federal Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Member States or by the Commission.

Article 10. Data System.

A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system.

B. The Commission shall assign each applicant for a Multistate License a unique identifier, as determined by the Rules of the Commission.

C. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a license and related thereto;

4. Non–confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation;

5. Any denial of application for licensure and the reason for the denial (excluding the reporting of any criminal history record information where prohibited by law);

6. The existence of Investigative Information;

7. The existence of Current Significant Investigative Information; and

8. Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the Rules of the Commission.

D. The records and information provided to a Member State pursuant to this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi–judicial or administrative proceedings in a Member State.

E. The existence of Current Significant Investigative Information and the existence of Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.

F. It is the responsibility of the Member States to monitor the database to determine whether Adverse Action has been taken against such a Licensee or license applicant. Adverse Action information pertaining to a Licensee or license applicant in any Member State will be available to any other Member State.

G. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.

H. Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System.

Article 11. Rulemaking.

A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, the powers granted under the Compact, or based upon another applicable standard of review.

B. The Rules of the Commission shall have the force of law in each Member State, provided however that where the Rules of the Commission conflict with the laws of the Member State that establish the Member State’s scope of practice laws governing the Practice of Cosmetology as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict.

C. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the Rules adopted thereunder. Rules shall become binding as of the date specified by the Commission for each Rule.

D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the Rule, then the Rule may not have further force and effect in any Member State or to any State applying to participate in the Compact.

E. Rules shall be adopted at a regular or special meeting of the Commission.

F. Prior to the adoption of a proposed Rule, the Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.

G. Prior to the adoption of a proposed Rule by the Commission, and at least 30 days in advance of the meeting at which the Commission will hold a public hearing on the proposed Rule, the Commission shall provide a notice of proposed rulemaking:

1. On the website of the Commission or other publicly accessible platform;

2. To persons who have requested notice of the Commission’s notices of proposed rulemaking; and

3. In any such way the Commission may by Rule specify.

H. The notice of proposed rulemaking shall include:

1. The time, date, and location of the public hearing at which the Commission will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed Rule;

2. If the hearing is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;

3. The text of the proposed Rule and the reason therefor;

4. A request for comments on the proposed Rule from any interested person; and

5. The manner in which interested persons may submit written comments.

I. All hearings shall be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed Rule shall be available to the public.

J. Nothing in this Article may be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this Article.

K. The Commission shall, by majority vote of all members, take final action on the proposed Rule based on the rulemaking record and the full text of the Rule.

1. The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.

2. The Commission shall provide an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.

3. The Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in Article 11.L., the effective date of the Rule shall be no sooner than 45 days after the Commission issuing the notice that it adopted or amended the Rule.

L. Upon a determination that an emergency exists, the Commission may consider and adopt an emergency Rule within 5 days, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this Article shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than 90 days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of a Rule that is established by federal law or rule; or

4. Protect public health and safety.

M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

N. No Member State’s rulemaking requirements may apply under this Compact.

Article 12. Oversight, Dispute Resolution, and Enforcement.

A. Oversight.

1. The executive and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.

2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a Licensee for professional malpractice, misconduct or any such similar matter.

3. The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination.

1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall provide written notice to the defaulting State. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.

2. The Commission shall provide a copy of the notice of default to the other Member States.

3. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact after an affirmative vote of a majority of the delegates of the Member States, and all rights, privileges and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.

4. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State’s legislature, the defaulting State’s State Licensing Authority and each of the Member States’ State Licensing Authority.

5. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

6. Upon the termination of a State’s membership from this Compact, that State shall immediately provide notice to all licensees who hold a Multistate License within that State of such termination. The terminated State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 180 days after the date of said notice of termination.

7. The Commission may not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.

8. The defaulting State may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

C. Dispute Resolution.

1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non–Member States.

2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D. Enforcement.

1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and the Commission’s Rules.

2. By majority vote as provided by Commission Rule, the Commission may initiate legal action against a Member State in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein may not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting Member State’s law.

3. A Member State may initiate legal action against the Commission in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

4. No individual or entity other than a Member State may enforce this Compact against the Commission.

Article 13. Effective Date, Withdrawal, and Amendment.

A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State.

1. On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the Charter Member States to determine if the statute enacted by each such Charter Member State is materially different than the model Compact statute.

a. A Charter Member State whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Article 12.

b. If any Member State is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than 7.

2. Member States enacting the Compact subsequent to the Charter Member States shall be subject to the process set forth in Article 9.C.24. to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.

3. All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.

4. Any State that joins the Compact shall be subject to the Commission’s Rules and bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.

B. Any Member State may withdraw from this Compact by enacting a statute repealing that State’s enactment of the Compact.

1. A Member State’s withdrawal may not take effect until 180 days after enactment of the repealing statute.

2. Withdrawal may not affect the continuing requirement of the withdrawing State’s State Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this Compact before the effective date of withdrawal.

3. Upon the enactment of a statute withdrawing from this Compact, a State shall immediately provide notice of the withdrawal to all Licensees within that State. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 180 days after the date of the notice of withdrawal.

C. Nothing contained in this Compact may be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a Member State and a non–Member State that does not conflict with the provisions of this Compact.

D. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.

Article 14. Construction and Severability.

A. This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules may not be construed to limit the Commission’s rulemaking authority solely for those purposes.

B. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Member State, a State seeking participation in the Compact, or of the United States, or the applicability to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance may not be affected.

C. Notwithstanding Article 14.B., the Commission may deny a State’s participation in the Compact or, in accordance with the requirements of Article 12, terminate a Member State’s participation in the Compact, if it determines that a constitutional requirement of a Member State is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.

Article 15. Consistent Effect and Conflict with Other State Laws.

A. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact.

B. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict.

C. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.
Md. Code, State Finance and Procurement § 5A-303 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-303
§5A–303.
Status: reserved

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

(2) “Affordable housing” means a project or undertaking that has received an allocation of federal low–income housing tax credits by the Department of Housing and Community Development.

(3) “Agricultural structure” means a certified historic structure that is used or was used as an agricultural facility or for purposes related to agriculture.

(4) (i) “Business entity” means:

1. a person conducting or operating a trade or business in the State; or

2. an organization operating in Maryland that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

(ii) “Business entity” includes the governing body of a condominium or cooperative housing corporation.

(5) “Certified heritage area” has the meaning stated in § 13–1101 of the Financial Institutions Article.

(6) (i) “Certified historic structure” means a structure that is located in the State and:

1. is listed in the National Register of Historic Places;

2. is designated as a historic property under local law and determined by the Director to be eligible for listing on the National Register of Historic Places;

3. A. is located in a historic district listed on the National Register of Historic Places or in a local historic district that the Director determines is eligible for listing on the National Register of Historic Places; and

B. is certified by the Director as contributing to the significance of the district;

4. is located in a certified heritage area and certified by the Maryland Heritage Areas Authority as contributing to the significance of the certified heritage area; or

5. A. is located on property that is owned by the Department of Natural Resources or one of its units;

B. is occupied by a person under an agreement with the Department of Natural Resources under which the person pays for rehabilitation of the structure as a condition of occupancy; and

C. meets one of the criteria listed under item 1, 2, 3, or 4 of this subparagraph or is eligible to be listed in the National Register of Historic Places as determined by the Director.

(ii) Except as provided in subparagraph (i)5 of this paragraph, “certified historic structure” does not include a structure that is owned by the State, a political subdivision of the State, or the federal government.

(7) “Certified rehabilitation” means a completed rehabilitation of a certified historic structure that the Director certifies is a substantial rehabilitation in conformance with the rehabilitation standards of the United States Secretary of the Interior.

(8) (i) “Commercial rehabilitation” means a rehabilitation of a structure other than a single–family, owner–occupied residence.

(ii) “Commercial rehabilitation” does not include a small commercial project.

(9) “Common elements” means:

(i) all of the condominium except the units, as defined in § 11–101 of the Real Property Article; or

(ii) all of the cooperative project except the units, as defined in § 5–6B–01 of the Corporations and Associations Article.

(10) “Condominium” has the meaning stated in § 11–101 of the Real Property Article.

(11) “Cooperative housing corporation” has the meaning stated in § 5–6B–01 of the Corporations and Associations Article.

(12) “Cooperative project” has the meaning stated in § 5–6B–01 of the Corporations and Associations Article.

(13) “Director” means the Director of the Maryland Historical Trust.

(14) “Financial assistance” means action by the State or a State unit to award grants, loans, loan guarantees, or insurance to a public or private entity to finance, wholly or partly, a project that involves or may result in building construction, building alteration, or land disturbance.

(15) “Governing body”, unless the context requires otherwise, has:

(i) with respect to a cooperative housing corporation, the meaning stated in § 5–6B–01 of the Corporations and Associations Article; or

(ii) with respect to a condominium, the meaning stated in § 11–101 of the Real Property Article.

(16) “High performance building” means a building that:

(i) meets or exceeds the current version of the U.S. Green Building Council’s LEED (Leadership in Energy and Environmental Design) green building rating system gold rating; or

(ii) achieves at least a comparable numeric rating according to a nationally recognized, accepted, and appropriate numeric sustainable development rating system, guideline, or standard approved by the Secretaries of Budget and Management and General Services under § 3–602.1 of this article.

(17) (i) “Historic property” means a district, site, building, structure, monument, or object significant to:

1. the prehistory or history of the State; or

2. the upland or underwater archeology, architecture, engineering, or culture of the State.

(ii) “Historic property” includes related artifacts, records, and remains.

(18) “Level 1 opportunity zone project” means a small commercial project or commercial rehabilitation completed by a qualified opportunity zone business if the following information is provided to the Director:

(i) the date of the qualified opportunity fund’s investment in the opportunity zone project and the amount of the investment;

(ii) the total project or business investment, including any leverage;

(iii) the address and census tract of the qualified opportunity zone business and the qualified opportunity fund;

(iv) the North American Industrial Classification System Code for the qualified opportunity zone business;

(v) an impact report, including both qualitative and quantitative data on the qualified opportunity fund’s investment in the opportunity zone project and its progress; and

(vi) any other information requested by the Director.

(19) “Level 2 opportunity zone project” means a small commercial project or commercial rehabilitation completed by a qualified opportunity zone business if:

(i) the requirements for a Level 1 opportunity zone project are met;

(ii) 1. accountability to residents of the communities in the qualified opportunity zone is maintained through their representation on any governing board or any advisory board of the qualified opportunity zone business; or

2. a community benefits agreement is negotiated and agreed to by community groups or strategic industry partnerships, as defined under § 11–701 of the Labor and Employment Article, in the opportunity zone and the qualified opportunity zone business that specifies a range of community benefits that the business agrees to provide as part of the development project; and

(iii) 1. for an opportunity zone project located entirely within a municipal corporation, the municipal corporation, by resolution or by letter, delivered to the Director by the municipal corporation’s authorized designee, approves the provision within the municipal corporation of the enhanced tax credits under this section; or

2. for an opportunity zone project that is not located entirely within a municipal corporation, the county, by resolution or by letter, delivered to the Director by the county’s authorized designee, approves the provision within the county of the enhanced tax credits under this section.

(20) “Local historic district” means a district that the governing body of a county or municipal corporation, or the Mayor and City Council of Baltimore, has designated under local law as historic.

(21) “National register structure” means a structure that is:

(i) listed on the National Register of Historic Places; or

(ii) located in a historic district listed on the National Register of Historic Places and certified by the Director as contributing to the significance of the district.

(22) “Opportunity zone project” means a certified rehabilitation within a geographical area designated and in effect as a qualified opportunity zone in the State under § 1400Z–1 of the Internal Revenue Code.

(23) “Political subdivision” means a county or municipal corporation of the State.

(24) “Post–World War II structure” means a certified historic structure that was built after December 31, 1944, but before January 1, 1970.

(25) “Qualified opportunity fund” has the meaning stated in § 6–1001 of the Economic Development Article.

(26) “Qualified opportunity zone” has the meaning stated in § 6–1001 of the Economic Development Article.

(27) “Qualified opportunity zone business” has the meaning stated in § 6–1001 of the Economic Development Article.

(28) “Qualified rehabilitation expenditure” means any amount that:

(i) is properly chargeable to a capital account;

(ii) is expended in the rehabilitation of a structure that by the end of the calendar year in which the certified rehabilitation is completed is a certified historic structure;

(iii) is expended in compliance with a plan of proposed rehabilitation that has been approved by the Director; and

(iv) is not funded, financed, or otherwise reimbursed by any:

1. State or local grant;

2. grant made from the proceeds of tax–exempt bonds issued by the State, a political subdivision of the State, or an instrumentality of the State or of a political subdivision of the State;

3. State tax credit other than the tax credit under this section; or

4. other financial assistance from the State or a political subdivision of the State, other than a loan that must be repaid at an interest rate that is greater than the interest rate on general obligation bonds issued by the State at the most recent bond sale prior to the time the loan is made.

(29) (i) “Single–family, owner–occupied residence” means a structure or a portion of a structure occupied by the owner and the owner’s immediate family as their primary or secondary residence.

(ii) “Single–family, owner–occupied residence” includes:

1. a residential unit in a cooperative project owned by or leased to a cooperative housing corporation and leased for exclusive occupancy to, and occupied by, a member of the corporation and the member’s immediate family under a proprietary lease;

2. a structure that is described under paragraph (6)(i)5 of this subsection; and

3. a small commercial project.

(30) “Small commercial project” means a rehabilitation of a structure if:

(i) the qualified rehabilitation expenditures do not exceed $500,000; and

(ii) 1. the structure is primarily used for commercial, income–producing purposes;

2. the structure:

A. is a residential unit in a consecutive series of similar residential units that are arranged in a row, side by side; and

B. is sold as part of a development project for exclusive occupancy to, and occupied by, the resident;

3. the structure is a targeted project; or

4. the structure is a condominium or cooperative project and the rehabilitation targets only the common elements of the condominium or cooperative project.

(31) “Sustainable Growth Subcabinet” means the Sustainable Growth Subcabinet established under Title 9, Subtitle 14 of the State Government Article.

(32) “State unit” has the meaning stated in § 11–101 of the State Government Article.

(33) “Substantial rehabilitation” means rehabilitation of a structure for which the qualified rehabilitation expenditures, during the 24–month period selected by the individual or business entity ending with or within the taxable year, exceed:

(i) for single–family, owner–occupied residential property, $5,000; or

(ii) for all other property, the greater of:

1. the adjusted basis of the structure; or

2. $25,000.

(34) “Targeted project” means a rehabilitation of:

(i) an agricultural structure; or

(ii) a post–World War II structure.

(b) (1) The Director, in consultation with the Sustainable Growth Subcabinet, shall adopt regulations to:

(i) establish procedures and standards for certifying historic structures and rehabilitations under this section;

(ii) for commercial rehabilitations, establish an application process for the award of initial credit certificates for historic revitalization tax credits consistent with the requirements of this subsection;

(iii) for commercial rehabilitations, establish criteria, consistent with the requirements of this subsection, for evaluating, comparing, and rating plans of proposed rehabilitation that have been determined by the Director to conform with the rehabilitation standards of the United States Secretary of the Interior;

(iv) for commercial rehabilitations, establish a competitive award process for the award of initial credit certificates for historic revitalization tax credits that favors the award of tax credits for rehabilitation projects that:

1. are consistent with and promote current growth and development policies and programs of the State;

2. are located in areas targeted by the State for additional revitalization and economic development opportunities due to the focusing of State resources and incentives;

3. are located in areas where the political subdivision has implemented regulatory streamlining or other development incentives that foster redevelopment and revitalization in priority funding areas, as defined in Title 5, Subtitle 7B of this article, and the appropriate local governing body or the planning board or commission, if designated by the local governing body, has certified to the Sustainable Growth Subcabinet those regulatory streamlining or other development incentives; and

4. include affordable and workforce housing options;

(v) for commercial rehabilitations, establish procedures to announce to the public the selection of a rehabilitation project for an award of an initial credit certificate not later than 60 days after the selection is made;

(vi) for commercial rehabilitations, determine whether the certified rehabilitation:

1. is a high performance building; or

2. qualifies as affordable housing or a Level 1 or Level 2 opportunity zone project;

(vii) for commercial rehabilitations, establish a required external marker or, at a minimum, an internal marker for the rehabilitation project that identifies that the rehabilitation was funded by historic revitalization tax credits;

(viii) as provided in paragraph (7) of this subsection, charge reasonable fees to certify historic structures and rehabilitations under this subtitle;

(ix) for commercial rehabilitations, require documentation that the applicant has ownership or site control of the structure in order to demonstrate the ability to meet the requirement to begin work as required under subsection (c)(3)(i)1 of this section;

(x) for commercial rehabilitations, provide a time limit for approval of the additional tax credit for high performance buildings, affordable housing, or Level 1 or Level 2 opportunity zone projects provided for in subsection (c)(1)(ii) of this section;

(xi) for commercial rehabilitations, establish procedures for the transfer of the tax credit under subsection (c)(6) of this section;

(xii) for small commercial projects:

1. establish conditions regarding the percentage of the structure that may be used for residential rental purposes if the structure is used for both commercial and residential rental purposes;

2. establish application procedures for governing bodies of condominiums and cooperative housing corporations and conditions regarding the rehabilitation of common elements of condominiums and cooperative projects;

3. specify criteria for determining whether a certified historic structure is:

A. an agricultural structure; or

B. a post–World War II structure; and

4. specify criteria and procedures for the issuance of initial credit certificates under subsection (e) of this section; and

(xiii) specify criteria and procedures for approval of enhanced benefits under this section for Level 1 and Level 2 opportunity zone projects.

(2) The Director may not certify that a rehabilitation is a certified rehabilitation eligible for a tax credit provided under this section unless the individual or business entity seeking certification states under oath the amount of the individual’s or business entity’s qualified rehabilitation expenditures.

(3) Each year, the Director may accept applications for approval of plans of proposed commercial rehabilitations and for the award of initial credit certificates for the fiscal year that begins July 1 of that year.

(4) (i) Except as provided in subsection (e) of this section, a small commercial project shall be treated as a single–family, owner–occupied residential property, including the limitation on the amount of the tax credit provided in subsection (c)(2)(ii) of this section.

(ii) A small commercial project is subject to the credit recapture provision in subsection (f) of this section.

(5) (i) For commercial rehabilitations, the Director may not accept an application for approval of plans of proposed rehabilitation if:

1. any substantial part of the proposed rehabilitation work has begun; or

2. the applicant for a commercial rehabilitation has previously submitted three or more applications for commercial rehabilitations with total proposed rehabilitations exceeding $500,000 in that year.

(ii) For commercial rehabilitations, the Director may accept an application for approval of plans of a proposed rehabilitation for which a substantial part of the proposed rehabilitation work has begun if the rehabilitation work has been approved under the federal historic tax credit.

(6) Except as provided in subsection (d)(3)(iii) of this section, not more than 60% of the total credit amounts under initial credit certificates issued for any fiscal year may be issued for projects in a single county or Baltimore City.

(7) (i) The Director shall adopt regulations to charge reasonable fees to certify historic structures and rehabilitations under this section which shall include:

1. a minimum fee for the second phase of the application process;

2. for a commercial rehabilitation project, a final fee that may not exceed 3% of the amount of the award of an initial credit certificate; and

3. for any other rehabilitation project, a final fee that may not exceed 3% of the amount of the credit for which the rehabilitation would be eligible based on the greater of the estimated or final qualified rehabilitation expenditures for the rehabilitation.

(ii) The Director shall set the level of the fees so that the projected proceeds from the fees will cover the costs to the Trust of administering the credit under this section and the federal historic tax credit.

(iii) If a fee charged for a commercial rehabilitation is not received by the Trust within 90 days after the Trust sends notice to the applicant that the fee is due, the Trust may not:

1. issue an initial credit certificate for the commercial rehabilitation; or

2. accept an application for a commercial rehabilitation from the applicant during the 3 fiscal years following the fiscal year in which the fee was not received.

(iv) The proceeds from the fees shall be deposited in a special fund, to be used only for the purposes of paying the costs of administering the credit under this section and the federal historic tax credit.

(v) Any unused balance of the fund at the end of each fiscal year shall be transferred to the Reserve Fund established under subsection (d) of this section and shall increase the amount of the initial credit certificates that the Trust may issue for the following fiscal year.

(8) If an initial credit certificate expires or is otherwise unclaimed as provided for under this section, the amount of the credit certificate shall:

(i) remain in the Reserve Fund established under subsection (d) of this section; and

(ii) increase the amount of the initial credit certificates that the Trust may issue for the following fiscal year.

(c) (1) (i) Except as otherwise provided in this section, for the taxable year in which a certified rehabilitation is completed, an individual or business entity may claim a tax credit in an amount equal to 20% of the individual’s or business entity’s qualified rehabilitation expenditures for the rehabilitation.

(ii) For a commercial rehabilitation, an individual or business entity may claim an additional tax credit in an amount equal to 5% of the individual’s or business entity’s qualified rehabilitation expenditures if the certified rehabilitation is a certified historic structure and:

1. is a high performance building; or

2. qualifies as affordable housing or a Level 1 opportunity zone project.

(iii) For a commercial rehabilitation, a business entity may claim an additional tax credit in an amount equal to 7.5% of the business entity’s qualified rehabilitation expenditures if the certified rehabilitation is a certified historic structure and qualifies as a Level 2 opportunity zone project.

(2) (i) For any commercial rehabilitation, the State tax credit allowed under this section may not exceed the lesser of:

1. A. $5,000,000 for any commercial rehabilitation other than a Level 1 or Level 2 opportunity zone project;

B. $5,250,000 for a Level 1 opportunity zone project; or

C. $5,500,000 for a Level 2 opportunity zone project; or

2. the maximum amount specified under the initial credit certificate issued for the rehabilitation.

(ii) For a rehabilitation other than a commercial rehabilitation, the State tax credit allowed under this section may not exceed:

1. $50,000 for a rehabilitation other than a Level 1 or Level 2 opportunity zone project;

2. $55,000 for a Level 1 opportunity zone project; or

3. $60,000 for a Level 2 opportunity zone project.

(iii) For the purposes of the limitation under subparagraph (i) of this paragraph, the following shall be treated as a single commercial rehabilitation:

1. the phased rehabilitation of the same structure or property; or

2. the separate rehabilitation of different components of the same structure or property.

(3) (i) Subject to subparagraph (ii) of this paragraph, the initial credit certificate for a proposed commercial rehabilitation shall expire and the credit under this section may not be claimed if:

1. within 18 months after the initial credit certificate was issued, the applicant has not notified the Trust, in writing, that the commercial rehabilitation has begun;

2. the commercial rehabilitation is not completed within 30 months after the initial credit certificate was issued; or

3. the applicant does not submit to the Trust a request for final certification of the commercial rehabilitation within 12 months after:

A. the 30–month expiration date under item 2 of this subparagraph; or

B. the date to which the Director postponed the expiration date under subparagraph (ii) of this paragraph.

(ii) For reasonable cause, the Director may postpone:

1. the 30–month expiration date under subparagraph (i)2 of this paragraph for an initial credit certificate for a commercial rehabilitation; or

2. if the commercial rehabilitation was completed prior to the expiration of the initial credit certificate, the deadline under subparagraph (i)3 of this paragraph for submission of a request for final certification.

(4) If the tax credit allowed under this section in any taxable year exceeds the total tax otherwise payable by the business entity or the individual for that taxable year, the individual or business entity may claim a refund in the amount of the excess.

(5) The State credit allowed under this section may be allocated among the partners, members, or shareholders of an entity in any manner agreed to by those persons in writing.

(6) (i) In accordance with regulations adopted by the Director under this section, the amount of the State tax credit allowed but not used for commercial rehabilitations under this section may be transferred in whole or in part to any individual or business entity.

(ii) 1. For the taxable year of any transfer under this paragraph, the transferee under subparagraph (i) of this paragraph may apply the tax credit against the total tax otherwise payable by the transferee in that taxable year.

2. If the tax credit exceeds the State income tax of the transferee in any taxable year, the transferee:

A. may claim a refund in the amount of the excess; or

B. may transfer the remainder of the tax credit to any individual or business entity.

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

(ii) “Reserve Fund” means the Historic Revitalization Tax Credit Reserve Fund established under paragraph (2) of this subsection.

(iii) “Trust Account” means the Small Commercial Project Trust Account established under paragraph (4) of this subsection.

(2) (i) There is a Historic Revitalization Tax Credit Reserve Fund that is a continuing, nonlapsing special fund that is not subject to § 7–302 of this article.

(ii) The money in the Reserve Fund shall be invested and reinvested by the Treasurer, and interest and earnings shall be credited to the General Fund.

(iii) If the fees paid in any fiscal year are less than the directly related administrative costs of operating the Historic Revitalization Tax Credit Program, funds in the Reserve Fund shall be used for the directly related administrative costs of the Program.

(3) (i) Subject to the provisions of this subsection, the Director shall issue an initial credit certificate for each commercial rehabilitation for which a plan of proposed rehabilitation is approved and the fees charged under subsection (b)(7)(i) of this section are paid.

(ii) An initial credit certificate issued under this subsection shall state the maximum amount of credit under this section for which the commercial rehabilitation may qualify.

(iii) 1. Except as otherwise provided in this subparagraph and in subsection (b)(7)(v) of this section, for any fiscal year, the Director may not issue initial credit certificates for credit amounts in the aggregate totaling more than the amount appropriated to the Reserve Fund for that fiscal year in the State budget as approved by the General Assembly.

2. If the aggregate credit amounts under initial credit certificates issued in a fiscal year total less than the amount appropriated to the Reserve Fund for that fiscal year as a result of the limitation under subsection (b)(6) of this section, any excess amount may be issued under initial credit certificates for projects in a county or Baltimore City in the same fiscal year, without regard to the limitation under subsection (b)(6) of this section.

3. Subject to subsubparagraph 2 of this subparagraph, if the aggregate credit amounts under initial credit certificates issued in a fiscal year total less than the amount appropriated to the Reserve Fund for that fiscal year, any excess amount shall remain in the Reserve Fund and may be issued under initial credit certificates for the next fiscal year.

4. For any fiscal year, if funds are transferred from the Reserve Fund under the authority of any provision of law other than paragraph (5) of this subsection, the maximum credit amounts in the aggregate for which the Director may issue initial credit certificates shall be reduced by the amount transferred.

5. In each fiscal year, the Director shall estimate the amount of fees to be collected based on the amount appropriated to the Reserve Fund and reserve the difference between the estimated fees and estimated directly related administrative costs of the Program to be used to administer the Program.

6. If the reservation of funds to administer the Program under subsubparagraph 5 of this subparagraph is not necessary to cover the directly related administrative costs of the Program, any excess amount shall remain in the Reserve Fund and may be issued under initial credit certificates for the next fiscal year.

(iv) 1. Subject to subsubparagraphs 2 and 3 of this subparagraph, for each of fiscal years 2018 through 2031, the Governor shall include in the budget bill an appropriation to the Reserve Fund.

2. For each of fiscal years 2023 through 2025 and 2029 through 2031, the Governor shall include in the budget bill an appropriation to the Reserve Fund of at least $20,000,000.

3. For each of fiscal years 2026 through 2028, the Governor shall include in the budget bill an appropriation to the Reserve Fund of at least $16,500,000.

4. The amounts described under subsubparagraphs 2 and 3 of this subparagraph shall be in addition to the appropriations to the Trust Account required under paragraph (4) of this subsection.

(v) Notwithstanding the provisions of § 7–213 of this article, the Governor may not reduce an appropriation for the Reserve Fund in the State budget as approved by the General Assembly.

(vi) The Director may not issue an initial credit certificate for any fiscal year after fiscal year 2031.

(4) (i) Within the Reserve Fund, there is a Small Commercial Project Trust Account.

(ii) 1. The Trust Account is established for the issuance of tax credit certificates for small commercial projects.

2. Funds in the Trust Account shall be used only for transfers from the Reserve Fund to the General Fund in accordance with paragraph (5) of this subsection with respect to tax credit certificates issued for small commercial projects.

(iii) The Trust Account consists of:

1. money appropriated in the State budget for the Trust Account; and

2. any other money from any other source accepted for the benefit of the Trust Account.

(iv) For each of fiscal years 2024 through 2031, the Governor shall include in the budget bill an appropriation to the Trust Account of at least $2,000,000.

(5) (i) Except as provided in this paragraph, money appropriated to the Reserve Fund shall remain in the Fund.

(ii) 1. Within 15 days after the end of each calendar quarter, the Trust shall notify the Comptroller as to each commercial rehabilitation completed and certified during the quarter:

A. the maximum credit amount stated in the initial credit certificate for the project; and

B. the final certified credit amount for the project.

2. On notification that a project has been certified, the Comptroller shall transfer an amount equal to the maximum credit amount stated in the initial credit certificate for the project from the Reserve Fund to the General Fund.

(iii) 1. On or before October 1 of each year, the Trust shall notify the Comptroller as to the maximum credit amount stated in the initial credit certificate for each commercial rehabilitation for which the initial credit certificate has expired under subsection (c)(3) of this section as of the end of the prior fiscal year.

2. On notification that the initial credit certificate for a project has expired under subsection (c)(3) of this section, the Comptroller shall transfer an amount equal to the maximum credit amount stated in the initial credit certificate for the project from the Reserve Fund to the General Fund.

(e) (1) Subject to the provisions of this subsection, the Director shall issue an initial credit certificate for each approved small commercial project on a first–come, first–served basis.

(2) An initial credit certificate issued under this subsection shall state the maximum amount of tax credit for which the applicant is eligible.

(3) (i) Before fiscal year 2024, the Director may not issue an initial credit certificate under this subsection after the aggregate amount of initial credit certificates issued for small commercial projects totals $5,000,000.

(ii) Before fiscal year 2024, for a targeted project, the Director may not issue an initial credit certificate under this subsection:

1. after the aggregate amount of initial credit certificates issued for agricultural structures totals $1,000,000; or

2. after the aggregate amount of initial credit certificates issued for post–World War II structures totals $1,000,000.

(iii) Beginning fiscal year 2024 and each fiscal year thereafter, the Director may not issue initial credit certificates for small commercial projects under this subsection for credit amounts in the aggregate totaling more than the amount of funds in the Small Commercial Project Trust Account established under subsection (d)(4) of this section.

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

(ii) 1. “Dispose of” means to transfer legal title or, in the case of a leasehold, the leasehold interest.

2. “Dispose of” includes to sell in a sale–and–leaseback transaction, to transfer on the foreclosure of a security interest, or to transfer by gift.

3. “Dispose of” does not include to transfer title or the leasehold interest to a creditor on creation of a security interest.

(iii) “Disqualifying work” means work that:

1. is performed on a certified rehabilitation; and

2. if performed as part of the rehabilitation certified under this section, would have made the rehabilitation ineligible for certification.

(2) The credit allowed under this section shall be recaptured as provided in paragraph (3) of this subsection if, during the taxable year in which a certified rehabilitation is completed or any of the 4 taxable years succeeding the taxable year in which the certified rehabilitation is completed:

(i) any disqualifying work is performed on the certified rehabilitation; or

(ii) for a commercial rehabilitation, the certified rehabilitation is complete and has been disposed of.

(3) (i) 1. If the disqualifying work is performed or the certified rehabilitation is disposed of during the taxable year in which the certified rehabilitation was completed, 100% of the credit shall be recaptured.

2. If the disqualifying work is performed or the certified rehabilitation is disposed of during the first full year succeeding the taxable year in which the certified rehabilitation was completed, 80% of the credit shall be recaptured.

3. If the disqualifying work is performed or the certified rehabilitation is disposed of during the second full year succeeding the taxable year in which the certified rehabilitation was completed, 60% of the credit shall be recaptured.

4. If the disqualifying work is performed or the certified rehabilitation is disposed of during the third full year succeeding the taxable year in which the certified rehabilitation was completed, 40% of the credit shall be recaptured.

5. If the disqualifying work is performed or the certified rehabilitation is disposed of during the fourth full year succeeding the taxable year in which the certified rehabilitation was completed, 20% of the credit shall be recaptured.

(ii) The individual or business entity that claimed the tax credit shall pay the amount to be recaptured as determined under subparagraph (i) of this paragraph as taxes payable to the State for the taxable year in which the disqualifying work is performed or the certified rehabilitation is disposed of.

(g) (1) The Comptroller may determine, under the process for return examination and audit under §§ 13–301 and 13–302 of the Tax – General Article:

(i) the amount of rehabilitation expenditures used in calculating the credit;

(ii) whether such expenditures are qualified rehabilitation expenditures under this section; and

(iii) whether the credit is allowable as claimed.

(2) The authority of the Comptroller to examine and audit a tax return does not limit the authority of the Director to determine whether a rehabilitation qualifies as a certified rehabilitation or whether a certificate of certified rehabilitation has been properly issued.

(3) The Comptroller may adopt regulations to require that an entity other than a corporation claim the tax credit on the tax return filed by that entity.

(4) (i) Except as otherwise provided in this paragraph, the credit under this section may be claimed for the year a certified rehabilitation is completed, only if the Director has, by the time the return is filed, issued a certificate of completion for the certified rehabilitation.

(ii) A taxpayer claiming the credit may amend a return for the year the certified rehabilitation was completed to account for a certificate issued subsequent to the filing of the original return.

(iii) An amended return shall be filed within the period allowed under the Tax – General Article for filing refund claims.

(iv) The provisions of this paragraph do not extend the period in which a certified rehabilitation must be completed to be eligible for a tax credit under this section.

(v) An amended return may account for an amended certification issued by the Director for a certified rehabilitation.

(h) A refund payable under subsection (c) of this section:

(1) operates to reduce the income tax revenue from corporations if the person entitled to the refund is a corporation subject to the income tax under Title 10 of the Tax – General Article;

(2) operates to reduce insurance premium tax revenues if the person entitled to the refund is subject to taxation under Title 6 of the Insurance Article; and

(3) operates to reduce the income tax revenue from individuals if the person entitled to the refund is:

(i) an individual subject to the income tax under Title 10 of the Tax – General Article; or

(ii) an organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

(i) (1) On or before December 15 of each fiscal year, the Director shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly, on:

(i) the initial credit certificates awarded for commercial rehabilitations and small commercial projects under this section for that fiscal year;

(ii) the tax credits awarded for certified rehabilitations completed in the preceding fiscal year;

(iii) whether the tax credits awarded for certified rehabilitations completed in the preceding fiscal year were located in:

1. a local historic district; or

2. a national register district; and

(iv) the estimated amount of directly related administrative costs reserved in the Reserve Fund, the estimated amount of fees to be collected, the actual directly related administrative costs, and the actual amount of fees collected.

(2) The report required under paragraph (1) of this subsection shall include for each initial credit certificate awarded for the fiscal year for a commercial rehabilitation:

(i) the name of the owner or developer of the commercial rehabilitation;

(ii) the name and address of the proposed or certified rehabilitation and the county where the project is located;

(iii) the dates of receipt and approval by the Director of all applications regarding the project, including applications:

1. for certification that a structure or property will qualify as a certified historic structure; and

2. for approval of the proposed rehabilitation; and

(iv) the maximum amount of the credit stated in the initial credit certificate for the project and the estimated rehabilitation expenditures stated in the application for approval of the plan of proposed rehabilitation.

(3) The report required under paragraph (1) of this subsection shall include for each certified commercial rehabilitation completed during the preceding fiscal year:

(i) the name of the owner or developer of the commercial rehabilitation;

(ii) the name and address of the certified rehabilitation and the county where the project is located;

(iii) the dates of receipt and approval by the Director of all applications regarding the project; and

(iv) 1. the maximum amount of the credit stated in the initial credit certificate for the project and the estimated rehabilitation expenditures stated in the application for approval of the plan of proposed rehabilitation; and

2. the actual qualified rehabilitation expenditures and the final amount of the credit for which the project qualified.

(4) The report required under paragraph (1) of this subsection shall summarize for each category of certified rehabilitations:

(i) the total number of applicants for:

1. certification that a structure or property will qualify as a certified historic structure;

2. approval of plans of proposed rehabilitations; or

3. certification of the completed rehabilitations;

(ii) the number of proposed projects for which plans of proposed rehabilitation were approved; and

(iii) the total estimated rehabilitation expenditures stated in approved applications for approval of plans of proposed rehabilitation and the total qualified rehabilitation expenditures for completed rehabilitations certified.

(5) The information required under paragraph (4) of this subsection shall be provided in the aggregate and separately for each of the following categories of certified rehabilitations:

(i) owner–occupied single family residential structures;

(ii) small commercial projects; and

(iii) commercial rehabilitations.

(j) (1) Subject to the provisions of this subsection, the provisions of this section and the tax credit authorized under this section shall terminate as of July 1, 2031.

(2) On and after July 1, 2031:

(i) the tax credit authorized under this section may be claimed for:

1. a rehabilitation project, other than a commercial rehabilitation, for which an application for approval of a plan of proposed rehabilitation was received by the Director on or before June 30, 2031; or

2. a commercial rehabilitation for which an initial credit certificate has been awarded under subsection (d) of this section; and

(ii) the Director shall continue to report to the Governor and the General Assembly as required under subsection (i) of this section for as long as any rehabilitation project for which the tax credit may be claimed remains incomplete.
Md. Code, Family Law § 5-201 — MD Code / Article gfl / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

This subtitle does not affect any law that relates to the appointment of a third person as guardian of the person of a minor child because:

(1) the child’s parents are unsuitable; or

(2) the child’s interest would be affected adversely if the child remains under the natural guardianship of either of the child’s parents.
Md. Code, State Finance and Procurement § 5A-404 — MD Code / Article gsf / Title 5A / Subtitle 4 / Section 5A-404
§5A–404.
Status: in_force

The Department of Planning shall adopt any regulations necessary to implement this subtitle.
Md. Code, Economic Development § 5-520 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-520
§5–520.
Status: in_force

The Authority shall administer the Fund.
Md. Code, General Provisions § 5-403 — MD Code / Article ggp / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) As to a complaint retained by the Ethics Commission under § 5–402(b) of this subtitle, the staff counsel shall collect and submit to the Ethics Commission evidence relating to each violation of this title alleged in the complaint.

(b) (1) Before submitting the evidence to the Ethics Commission, the staff counsel shall notify the complainant and the respondent.

(2) The Ethics Commission shall dismiss the complaint in a signed order if:

(i) the respondent, within 15 days after receiving the notice, takes any action that may be available to cure each alleged violation; and

(ii) the Ethics Commission finds that dismissal is not contrary to the purposes of this title.

(3) If the complaint is dismissed under this subsection, the Ethics Commission promptly shall send a copy of the order to the complainant and the respondent.

(c) If the Ethics Commission determines that the evidence submitted by the staff counsel does not merit further proceedings, the Ethics Commission shall:

(1) dismiss the complaint in a signed order; and

(2) promptly send a copy of the order to the complainant and the respondent.

(d) If a complaint is not dismissed under subsection (b) or (c) of this section, the Ethics Commission shall proceed to a hearing on the complaint.
Md. Code, Estates and Trusts § 5-504 — MD Code / Article get / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) (1) A foreign personal representative administering an estate which has property located in Maryland that is subject to Maryland inheritance taxes shall file with the register of the county in which the foreign personal representative believes the largest part in value of the property is located:

(i) A copy of the person’s appointment as personal representative;

(ii) The will of the decedent, if there is a will, authenticated pursuant to 28 U.S.C. § 1738; and

(iii) A verified application that shall:

1. Describe all the property owned by the estate in Maryland and known to the foreign personal representative; and

2. Set forth the market value and the basis on which that value has been determined.

(2) The register shall proceed to fix the amount of the inheritance tax due and may require other evidence of value, or make an independent investigation, as the register considers appropriate.

(3) The determination of the register is final, subject to appeal to the Maryland Tax Court.

(b) Upon payment of the tax, the register shall issue to the foreign personal representative a receipt for it.

(c) It is not necessary for the foreign personal representative to institute other proceedings before the register with respect to the assets subject to the jurisdiction of Maryland.

(d) Nothing contained in this section shall relieve the foreign personal representative from the responsibility for paying the death taxes due the State.
Md. Code, Courts and Judicial Proceedings § 5-403 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

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

(2) “Agricultural operation” means an operation for the processing of agricultural crops or on–farm production, harvesting, or marketing of any agricultural, horticultural, silvicultural, aquacultural, or apicultural product that has been grown, raised, or cultivated by the farmer.

(3) (i) “Commercial fishing or seafood operation” means an operation for the harvesting, storage, processing, marketing, sale, purchase, trade, or transport of any seafood product.

(ii) “Commercial fishing or seafood operation” includes the delivery, storage, and maintenance of equipment and supplies and charter boat fishing and related arrival and departure activities, equipment, and supplies.

(4) Notwithstanding § 5–101 of the Natural Resources Article, “silvicultural operation” means implementation of forestry practices, including the establishment, composition, growth, and harvesting of trees.

(b) (1) This section does not:

(i) Prohibit a federal, State, or local government from enforcing health, environmental, zoning, or any other applicable law;

(ii) Relieve any agricultural, silvicultural, or commercial fishing or seafood operation from the responsibility of complying with the terms of any applicable federal, State, and local permit required for the operation;

(iii) Relieve any agricultural, silvicultural, or commercial fishing or seafood operator from the responsibility to comply with any federal, State, or local health, environmental, and zoning requirement; or

(iv) Relieve any agricultural, silvicultural, or commercial fishing or seafood operation from liability for conducting an agricultural or a commercial fishing or seafood operation in a negligent manner.

(2) This section does not apply to:

(i) Any agricultural operation that is operating without a fully and demonstrably implemented nutrient management plan for nitrogen and phosphorus if otherwise required by law; or

(ii) Any commercial fishing or seafood operation that is not in compliance with applicable federal, State, and local laws.

(c) If an agricultural, a silvicultural, or a commercial fishing or seafood operation has been under way for a period of 1 year or more and if the operation is in compliance with applicable federal, State, and local health, environmental, zoning, and permit requirements relating to any nuisance claim and is not conducted in a negligent manner:

(1) The operation, including any sight, noise, odors, dust, or insects resulting from the operation, may not be deemed to be a public or private nuisance; and

(2) A private action may not be sustained on the grounds that the operation interferes or has interfered with the use or enjoyment of other property, whether public or private.

(d) (1) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a person who is engaged in an agricultural, a silvicultural, or a commercial fishing or seafood operation.

(2) This section does not affect, and may not be construed as affecting, any defenses available at common law to a defendant who is engaged in an agricultural, a silvicultural, or a commercial fishing or seafood operation and subject to an action for nuisance.

(e) (1) This subsection does not apply to an action brought by a government agency.

(2) If a local agency is authorized to hear a nuisance complaint against an agricultural or a commercial fishing or seafood operation, a person may not bring a nuisance action against an agricultural or a commercial fishing or seafood operation in any court until:

(i) The person has filed a complaint with the local agency; and

(ii) The local agency has made a decision or recommendation on the complaint.

(3) A decision of a local agency on a nuisance complaint against a commercial fishing or seafood operation may be appealed to a circuit court in accordance with Title 7, Chapter 200 of the Maryland Rules.

(4) If there is no local agency authorized to hear a nuisance complaint against an agricultural operation, a person may not bring a nuisance action against an agricultural operation in any court until:

(i) The person has referred a complaint to the State Agricultural Mediation Program in the Department of Agriculture under Title 1, Subtitle 1A of the Agriculture Article; and

(ii) The Department certifies that mediation has been concluded.
Md. Code, Human Services § 5-5B-02 — MD Code / Article ghu / Title 5 / Subtitle 5B / Section 5-5B-02
§5–5B–02.
Status: in_force

(a) There is a State–funded Temporary Disability Assistance Program in the Department.

(b) The primary purpose of the Program is to provide assistance to low–income disabled adults who are ineligible for other categories of assistance.

(c) The Program shall be:

(1) in effect in each county; and

(2) administered by the local departments in accordance with regulations that the Administration adopts.
Md. Code, Economic Development § 5-1201 — MD Code / Article gec / Title 5 / Subtitle 12 / Section 5-1201
§5–1201.
Status: in_force

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

(b) “Fund” means the Maryland Nonprofit Development Center Program Fund established under § 5–1204 of this subtitle.

(c) “Nonprofit entity” means a corporation incorporated in the State, or otherwise qualified to do business in the State, that has been determined by the Internal Revenue Service to be exempt from taxation under § 501(c)(3), (4), or (6) of the Internal Revenue Code.

(d) “Program” means the Maryland Nonprofit Development Center Program established under § 5–1202 of this subtitle.

(e) “Qualifying nonprofit entity” means a nonprofit entity:

(1) that has annual revenues not greater than $750,000;

(2) that has been in existence for not more than 10 years; and

(3) whose principal purpose is providing health, education, environmental, agricultural, or social services through community–based programs.
Md. Code, Family Law § 5-3A-07 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-07
§5–3A–07.
Status: in_force

(a) (1) In a case under this subtitle, a court shall appoint an attorney to represent a parent who:

(i) has a disability that makes the parent incapable of effectively participating in the case; or

(ii) when the parent must decide whether to consent under this subtitle, is still a minor.

(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the parent.

(b) (1) In an adoption proceeding under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who:

(i) is at least 10 years old; and

(ii) 1. is a minor; or

2. has a disability that makes the prospective adoptee incapable of effectively participating in the proceeding.

(2) To determine whether a disability makes a child incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the child.

(c) An attorney or firm:

(1) may represent more than one party in a case under this subtitle only if the Maryland Rules of Professional Conduct allow; and

(2) may not represent a prospective adoptive parent and parent in the same case.

(d) Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.
Md. Code, Labor and Employment § 5-102 — MD Code / Article gle / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) The General Assembly finds that:

(1) personal injuries and illnesses that arise out of conditions of employment substantially burden employers and employees in terms of lost production, medical expenses, disability compensation payments, and lost wages;

(2) the prevention of these injuries and illnesses is in the best interest and welfare of the people and the State; and

(3) public bodies should be leaders in creating and maintaining safe and healthy workplaces.

(b) The purposes of this title are to ensure, to the extent practicable, that each working individual in the State has working conditions that are safe and healthful and to preserve human resources by:

(1) providing that employers and employees have separate but dependent responsibilities and rights with respect to making working conditions safe and healthful;

(2) providing for the development and adoption of occupational safety and health standards, including standards that address workplace violence;

(3) providing for training and other education of personnel so that occupational safety and health standards are administered fairly and efficiently;

(4) providing an effective compliance and enforcement program under this title;

(5) encouraging employers and employees to:

(i) reduce the number of occupational health and safety hazards at their places of employment; and

(ii) create or improve programs to make working conditions safe and healthful;

(6) encouraging joint efforts of labor and management to reduce diseases and injuries that arise out of employment;

(7) building on advances already made through the initiatives of employers and employees to make working conditions safe and healthful;

(8) developing innovative approaches, methods, and techniques to deal with occupational safety and health problems;

(9) providing for research in the field of occupational safety and health;

(10) conducting research on occupational health problems, including research to:

(i) identify causal connections between diseases and work in environmental conditions; and

(ii) explore ways to discover latent diseases;

(11) providing medical criteria to ensure, to the extent practicable, that work does not diminish the functional capacity, health, or life expectancy of an employee;

(12) providing for reporting procedures on occupational safety and health that are appropriate to help to achieve the purposes of this title and to describe accurately the nature of occupational safety and health problems;

(13) providing for the dissemination of information about health and safety hazards posed by toxic and hazardous substances to which workers are exposed;

(14) requiring employers to educate employees who work with hazardous substances about the hazards of the substances and about safe procedures;

(15) requiring employers to give information to public bodies that are charged with fire protection, to protect the health and safety of firefighters and the public;

(16) providing information and incentives for employers and employees to make ridesharing arrangements; and

(17) making workplaces of public bodies safer and more healthful by requiring:

(i) public bodies to create or improve programs and plans related to workplace violence;

(ii) that workplaces of public bodies be inspected regularly; and

(iii) that workplaces of public bodies be maintained so that employees are provided places of employment that are safe, healthy, and productive over the course of their careers.
Md. Code, Natural Resources § 5-1606.1 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1606.1
§5–1606.
Status: in_force

§5–1606.1. NOT IN EFFECT

** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **

(a) (1) A local jurisdiction may propose, and the Department may approve, alternative afforestation, reforestation, and preservation requirements that are expected to result in the local program at a minimum maintaining its existing level of forest cover over a 4–year period.

(2) If the Department finds that the proposed alternative afforestation, reforestation, and preservation requirements are not expected to maintain the local jurisdiction’s baseline level of forest cover, the Department shall:

(i) Reject the proposed alternative afforestation, reforestation, and preservation requirements; and

(ii) Provide the local jurisdiction with written notice of the elements of the proposal that need to be revised.

(3) In determining whether proposed alternative afforestation, reforestation, and preservation requirements are expected to maintain the local jurisdiction’s existing level of forest cover, the Department shall:

(i) Consider credits generated under § 5–1607(b)(3) of this subtitle to be forest acreage;

(ii) Base its determination on the local annual reports required under § 5–1613 of this subtitle; and

(iii) Exclude the effect of a project:

1. Approved before July 1, 2024; or

2. Described in § 5–1602(b) of this subtitle.

(4) On or before December 31, 2028, the Department shall provide written notice requiring modification of alternative afforestation, reforestation, and preservation requirements if the local program does not:

(i) Maintain or expand the local jurisdiction’s existing level of forest cover over two consecutive 2–year periods; or

(ii) Submit the local annual reports required under § 5–1613 of this subtitle.

(5) On or after January 1, 2029, the Department may rescind approval of alternative afforestation, reforestation, and preservation requirements if the local program does not meet a condition specified under paragraph (4)(i) or (ii) of this subsection.
Md. Code, Natural Resources § 5-212.1 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-212.1
§5–212.
Status: in_force

§5–212.1.

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

(2) “Account” means the Forest and Park Concession Account.

(3) (i) “Concession operations” means activities within a State forest or park that:

1. Raise revenue;

2. Function under a separate budget system; and

3. Supplement the operation of the facility where it is located.

(ii) “Concession operations” includes:

1. Food concessions;

2. Boat rentals;

3. Gift shops;

4. Marine sales;

5. Snack bars; and

6. Camp stores.

(b) There is a Forest and Park Concession Account in the Department.

(c) The purpose of the Account is to finance:

(1) The maintenance and operation of concession operations; and

(2) The functions of State forests and parks.

(d) The Department shall administer the Account.

(e) (1) The Treasurer shall hold the Account separately and the Comptroller shall reconcile the Account.

(2) The Account is a special, nonlapsing account that is not subject to § 7–302 of the State Finance and Procurement Article.

(f) The Account consists of any money derived from concession operations in State forests and parks.

(g) (1) Except as provided in paragraph (2) of this subsection, the Account shall be used only for:

(i) The maintenance and operation of concession operations;

(ii) The function of State forests and parks to the extent of the projected balance of the Account from the prior fiscal year; and

(iii) Administrative costs calculated in accordance with § 1–103(b)(2) of this article.

(2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, each county in which any State forest or park is located shall be paid annually out of the Account:

1. If the State forest or park reserve comprises less than 10% of the total land area of the county, a sum equal to 15% of the net revenue derived from concession operations within a State forest or park located in that county; or

2. If the State forest or park reserve comprises 10% or more of the total land area of the county, a sum equal to 25% of the net revenue derived from concession operations within a State forest or park located in that county.

(ii) For fiscal year 2015 only, the payments under subparagraph (i) of this paragraph may not be made.

(iii) A county may not receive a payment under subparagraph (i) of this paragraph in a fiscal year if the county receives a payment from the State under § 6.5–201 of the Tax – Property Article in the same fiscal year.

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

(2) Any investment earnings of the Account shall be credited to the General Fund of the State.

(i) (1) Expenditures from the Account may be made only in accordance with the State budget.

(2) The budget submitted by the Governor to the General Assembly shall include the revenues and expenditures of the Account in the same detail as other special fund accounts administered by the Department.
Md. Code, Family Law § 5-3A-18 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-18
§5–3A–18.
Status: in_force

(a) A court may grant a guardianship of a child only if:

(1) each of the child’s living parents consents:

(i) in writing; or

(ii) by failure to timely file notice of objection after being served with a show–cause order in accordance with this subtitle;

(2) an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the governmental unit or person consents; or

(3) parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5–3A–05 of this subtitle.

(b) A governmental unit or person:

(1) may condition consent or acquiescence on adoption into a specific family that a child placement agency has approved for the placement; but

(2) may not condition consent or acquiescence on any factor other than placement into a specific family.
Md. Code, Public Safety § 5-133 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-133
§5–133.
Status: in_force

(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.

(b) Subject to § 5–133.3 of this subtitle, a person may not possess a regulated firearm if the person:

(1) has been convicted of a disqualifying crime;

(2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

(3) (i) has been convicted on or after October 1, 2023, of a second or subsequent violation of § 4–104 of the Criminal Law Article; or

(ii) has been convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another person;

(4) subject to subsection (b–1) of this section, is on supervised probation after being convicted:

(i) of a crime punishable by imprisonment for 1 year or more;

(ii) for a violation of § 21–902(b) or (c) of the Transportation Article; or

(iii) for violating a protective order under § 4–509 of the Family Law Article;

(5) is a fugitive from justice;

(6) is a habitual drunkard;

(7) is addicted to a controlled dangerous substance or is a habitual user;

(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and has a history of violent behavior against the person or another;

(9) has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article;

(10) has been found not criminally responsible under § 3–110 of the Criminal Procedure Article;

(11) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;

(12) has been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article;

(13) is under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability;

(14) except as provided in subsection (e) of this section, is a respondent against whom:

(i) a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or

(ii) an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or

(15) if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.

(b–1) Subsection (b)(4) of this section may not be construed to prohibit possession of a regulated firearm by a person who was not convicted of but received only probation before judgment for an offense listed in subsection (b)(4) of this section.

(c) (1) A person may not possess a regulated firearm if the person was previously convicted of:

(i) a crime of violence;

(ii) a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 5–613, § 5–614, § 5–621, or § 5–622 of the Criminal Law Article; or

(iii) an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed in this State.

(2) (i) Subject to paragraph (3) of this subsection, a person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment for not less than 5 years and not exceeding 15 years.

(ii) The court may not suspend any part of the mandatory minimum sentence of 5 years.

(iii) Except as otherwise provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

(3) At the time of the commission of the offense, if a period of more than 5 years has elapsed since the person completed serving the sentence for the most recent conviction under paragraph (1)(i) or (ii) of this subsection, including all imprisonment, mandatory supervision, probation, and parole:

(i) the imposition of the mandatory minimum sentence is within the discretion of the court; and

(ii) the mandatory minimum sentence may not be imposed unless the State’s Attorney notifies the person in writing at least 30 days before trial of the State’s intention to seek the mandatory minimum sentence.

(4) Each violation of this subsection is a separate crime.

(5) A person convicted under this subsection is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.

(d) (1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm.

(2) Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to:

(i) the temporary transfer or possession of a regulated firearm if the person is:

1. under the supervision of another who is at least 21 years old and who is not prohibited by State or federal law from possessing a firearm; and

2. acting with the permission of the parent or legal guardian of the transferee or person in possession;

(ii) the transfer by inheritance of title, and not of possession, of a regulated firearm;

(iii) a member of the armed forces or the National Guard while performing official duties;

(iv) the temporary transfer or possession of a regulated firearm if the person is:

1. participating in marksmanship training of a recognized organization; and

2. under the supervision of a qualified instructor;

(v) a person who is required to possess a regulated firearm for employment and who holds a permit under Subtitle 3 of this title; or

(vi) the possession of a firearm for self–defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest.

(e) This section does not apply to a respondent transporting a regulated firearm if the respondent is carrying a civil protective order requiring the surrender of the regulated firearm and:

(1) the regulated firearm is unloaded;

(2) the respondent has notified the law enforcement unit, barracks, or station that the regulated firearm is being transported in accordance with the civil protective order; and

(3) the respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.

(f) This section does not apply to the carrying or transporting of a regulated firearm by a person who is carrying a court order requiring the surrender of the regulated firearm, if:

(1) the firearm is unloaded;

(2) the person has notified a law enforcement unit, barracks, or station that the firearm is being transported in accordance with the order; and

(3) the person transports the firearm directly to a State or local law enforcement agency or a federally licensed firearms dealer.

(g) Subject to subsection (b)(3) of this section, a person who has been convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article may not possess a regulated firearm for 5 years following the date of the conviction.
Md. Code, Public Safety § 5-310 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) The Secretary shall:

(1) revoke a permit on a finding that the holder does not meet the qualifications described in § 5–306 of this subtitle; and

(2) regularly review information regarding active permit holders using the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services to determine whether all permit holders continue to meet the qualifications described in § 5–306 of this subtitle.

(b) The Secretary may revoke a permit on a finding that the holder violated § 5–308 of this subtitle.

(c) If the Secretary revokes a permit under this section from a person the Secretary determines is prohibited from possessing a regulated firearm under § 5–133 of this title, the Secretary shall take reasonable steps to ensure the surrender of any regulated firearms in the person’s possession.

(d) A holder of a permit that is revoked by the Secretary shall return the permit to the Secretary within 10 days after receipt of written notice of the revocation.
Md. Code, Estates and Trusts § 5-708 — MD Code / Article get / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

(a) A modified administration shall be revoked by the:

(1) Filing of a timely request for judicial probate;

(2) Filing of a written objection to modified administration by an interested person;

(3) Filing of a withdrawal of the election for modified administration by a personal representative;

(4) Orphans’ Court, on its own initiative, or for good cause shown by an interested person or by the register of wills;

(5) Failure to timely file the final report under modified administration and make timely distribution; or

(6) Failure by the personal representative to comply with any provision of this subtitle.

(b) The register of wills shall mail notice of any revocation by first–class mail, postage prepaid, to each interested person.

(c) If a modified administration is revoked, the personal representative shall:

(1) Proceed under administrative probate; and

(2) (i) File a formal inventory and account with the register of wills within the time periods provided in Title 7 of this article; or

(ii) If the deadline has passed for filing either an inventory or an account, file the late document within 30 days from the register’s notice of revocation.
Md. Code, Local Government § 5-210 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

A municipality may provide for, maintain, and operate community and social services to preserve and promote the health, recreation, and welfare of the residents of the municipality.
Md. Code, Courts and Judicial Proceedings § 5-618 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-618
§5–618.
Status: in_force

(a) Any person who files a petition, participates in the making of a good faith report, or participates in an investigation or in a judicial proceeding resulting from the filing of a petition or the making of a good faith report, under § 13-705 or § 13-709 of the Estates and Trusts Article or Title 14, Subtitle 3 of the Family Law Article, shall in so doing be immune from any civil liability or criminal penalty that might otherwise be incurred or imposed as a result thereof.

(b) A law enforcement officer is not civilly or criminally liable for transporting an adult to an appropriate medical facility under § 13-709 of the Estates and Trusts Article if the officer acts:

(1) In a reasonably prudent manner; and

(2) Within the scope of the officer’s employment.
Md. Code, Criminal Law § 5-628 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-628
§5–628.
Status: in_force

(a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a person may not hire, solicit, engage, or use a minor to manufacture, deliver, or distribute on behalf of that person a controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an intent to distribute the controlled dangerous substance.

(ii) This paragraph does not prohibit a person from hiring, soliciting, engaging, or using a minor to manufacture, deliver, or distribute a controlled dangerous substance if the manufacturing, delivering, or distributing has a lawful purpose.

(2) A person may not transport, carry, or otherwise bring a minor into the State to use the minor to violate this section or § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-612, § 5-613, § 5-617, or § 5-627 of this subtitle.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both.
Md. Code, Public Safety § 5-133.3 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-133.3
§5–133.
Status: in_force

§5–133.3.

(a) In this section, “Health Department” means the Maryland Department of Health.

(b) A person subject to a regulated firearms disqualification under § 5–133(b)(6), (7), (8), (9), (10), or (11) of this subtitle, a rifle or shotgun disqualification under § 5–205(b)(6), (7), (8), (9), (10), or (11) of this title, or prohibited from the shipment, transportation, possession, or receipt of a firearm by 18 U.S.C. § 922(d)(4) or (g)(4) as a result of an adjudication or commitment that occurred in the State may be authorized to possess a firearm if:

(1) the person is not subject to another firearms restriction under State or federal law; and

(2) the Health Department, in accordance with this section, determines that the person may possess a firearm.

(c) A person who seeks relief from a firearms disqualification shall file an application with the Health Department in the form and manner set by the Health Department.

(d) An application for relief from a firearms disqualification shall include:

(1) a complete and accurate statement explaining the reason why the applicant is prohibited from possessing a regulated firearm under § 5–133(b)(6), (7), (8), (9), (10), or (11) of this subtitle or a rifle or shotgun under § 5–205(b)(6), (7), (8), (9), (10), or (11) of this title, or is prohibited from the shipment, transportation, possession, or receipt of a firearm by 18 U.S.C. § 922(d)(4) or (g)(4) as a result of an adjudication or commitment that occurred in the State;

(2) a statement why the applicant should be relieved from the prohibition described in item (1) of this subsection;

(3) if the applicant is subject to a prohibition described in item (1) of this subsection, a certificate issued within 30 days of the submission of the application on a form approved by the Health Department and signed by an individual licensed in the State as a physician who is board certified in psychiatry or as a psychologist stating:

(i) the length of time that the applicant has not had symptoms that cause the applicant to be a danger to the applicant or others, or, if the disqualification relates to an intellectual disability, the length of time that the applicant has not engaged in behaviors that cause the applicant to be a danger to the applicant or others;

(ii) the length of time that the applicant has been compliant with the treatment plan for the applicant’s mental illness, or, if the disqualification relates to an intellectual disability, the length of time that the applicant has been compliant with any behavior plan or behavior management plan;

(iii) an opinion as to whether the applicant, because of mental illness, would be a danger to the applicant if allowed to possess a firearm and a statement of reasons for the opinion; and

(iv) an opinion as to whether the applicant, because of mental illness, would be a danger to another person or poses a risk to public safety if allowed to possess a firearm;

(4) if the applicant is prohibited from possessing a firearm under § 5–133(b)(11) of this subtitle or § 5–205(b)(11) of this title:

(i) a copy of all pleadings, affidavits, and certificates submitted into evidence at the guardianship proceeding; and

(ii) all orders issued by the court relating to the guardianship, including, if applicable, an order indicating that the guardianship is no longer in effect;

(5) a signed authorization, on a form approved by the Health Department, allowing the Health Department to access any relevant health care, mental health, disability, guardianship, and criminal justice records, including court ordered or required mental health records, of the applicant for use in determining whether the applicant should be relieved from a firearms disqualification;

(6) three statements signed and dated within 30 days of submission to the Health Department on a form designated by the Health Department attesting to the applicant’s reputation and character relevant to firearm ownership or possession including:

(i) at least two statements provided by an individual who is not related to the applicant; and

(ii) contact information for each individual providing a statement; and

(7) any other information required by the Health Department.

(e) The Health Department may not approve an application under this section if a determination is made that:

(1) the applicant supplied incomplete or false information or made a false statement;

(2) the application is not properly completed; or

(3) on review of the application and supporting documentation and any other information relating to the application requested by the Health Department, including any criminal history records and mental health records of the applicant, the applicant has not shown by a preponderance of the evidence that the applicant will be unlikely to act in a manner dangerous to the applicant or to public safety and that granting a license to possess a regulated firearm or authorizing the possession of a rifle or shotgun would not be contrary to the public interest.

(f) (1) If the Health Department determines that the application shall be approved, the Health Department shall provide the applicant with a certificate affirming the applicant’s mental competence to possess a firearm.

(2) A certificate provided under paragraph (1) of this subsection or a written statement that the individual is not mentally competent to possess a firearm shall be provided to the applicant within 60 days from the Health Department’s receipt of a completed application, which includes any records necessary to review an application.

(3) A certificate issued under paragraph (1) of this subsection shall be presented to the Department of State Police as evidence of the applicant’s eligibility to possess a firearm.

(g) (1) An applicant who is aggrieved by the action of the Health Department under subsection (e) of this section may request a hearing in writing to the Secretary of Health within 30 days after the Health Department mails notice of the decision to the applicant.

(2) (i) The hearing requested under paragraph (1) of this subsection shall be held in accordance with Title 10, Subtitle 2 of the State Government Article within 60 days after the Health Department receives the request.

(ii) At the hearing, the information described in subsections (d) and (e) of this section shall be considered and used to determine whether the applicant, if allowed to possess a firearm, would not be likely to act in a manner dangerous to the public safety and whether granting the relief would not be contrary to the public interest.

(3) (i) Judicial review of the determination on an application under this section for relief from a firearms prohibition may be sought in accordance with §§ 10–222 and 10–223 of the State Government Article.

(ii) Notwithstanding the provisions of § 10–222 of the State Government Article, the circuit court may give deference to the final decision of the Health Department and may in its discretion receive additional evidence that it determines to be necessary to conduct an adequate review.

(h) The Board of Review of the Health Department does not have jurisdiction to review a final decision of the Health Department under this section.

(i) After a determination on the merits of a hearing requested under this section, an applicant may not request a subsequent hearing within 1 year after the completion of the hearing process and any judicial review of the administrative decision.

(j) The Secretary of Health may adopt regulations establishing fees to cover the administrative costs associated with the implementation of this section.

(k) An individual licensed in the State as a physician who is board certified in psychiatry, or a psychologist who, in good faith and with reasonable grounds, acts in compliance with this section, may not be held civilly or criminally liable for actions authorized by this section.
Md. Code, Election Law § 5-1202 — MD Code / Article gel / Title 5 / Subtitle 12 / Section 5-1202
§5–1202.
Status: in_force

An individual selected or designated to fill a vacancy in candidacy or nomination under this title shall:

(1) file a certificate of candidacy with the appropriate board in accordance with Subtitle 3 of this title; and

(2) unless exempted under this title, pay the filing fee specified under § 5-401 of this title.
Md. Code, Economic Development § 5-538 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-538
§5–538.
Status: in_force

The Fund consists of:

(1) loans and grants from the federal government or a unit or instrumentality of the federal government;

(2) grants and contributions of funds from the State, a political subdivision, or any other source;

(3) premiums for guaranteeing long-term loans under § 5-540 of this subtitle;

(4) proceeds from the sale, disposition, lease, or rental of collateral by the Authority relating to loans guaranteed under § 5-540 of this subtitle; and

(5) all other receipts of the Authority under this part.
Md. Code, Agriculture § 5-101 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Active ingredient” means:

(1) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, fungi, rodents, weeds, bacteria, or other pests;

(2) In the case of a plant regulator, an ingredient which, through physiological action, accelerates or retards the rate of growth or rate of maturation or otherwise alters the behavior of ornamental or crop plants or their produce;

(3) In the case of a defoliant, an ingredient which causes the leaves or foliage to drop from a plant; and

(4) In the case of a desiccant, an ingredient which artificially accelerates the drying of plant tissue.

(c) A pesticide is “adulterated” if (1) its strength or purity falls below the professed standard or quality expressed on the labeling under which it is sold, (2) any substance has been substituted wholly or partially for the article, or (3) any valuable constituent of the article has been wholly or partially abstracted.

(d) “Antidote” means the most practical immediate treatment in case of poisoning, including first aid treatment.

(e) “Defoliant” means any substance or mixture of substances intended to cause leaves or foliage to drop from a plant, with or without causing abscission.

(f) “Desiccant” means any substance or mixture of substances intended to accelerate artificially the drying of plant tissues.

(g) “Distributor” means a person who imports, manufactures, produces, mixes, or consigns pesticides as part of a commercial enterprise.

(h) “Fungi” means nonchlorophyll–bearing thallophytes, that is, all nonchlorophyll–bearing plants of an order lower than mosses and liverworts, such as, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in any living man or animal.

(i) “Fungicide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungus.

(j) “Herbicide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed.

(k) “Inert ingredient” means an ingredient which is not an active ingredient.

(l) “Ingredient statement” means:

(1) A statement of the name and percentage of each active ingredient, together with the total percentage of inert ingredients in the pesticide;

(2) A statement of the name of each active ingredient, together with the name of each and total percentage of any inert ingredient in the pesticide; or

(3) In the case of a pesticide containing arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic, in addition to the requirements of paragraphs (1) and (2) of this subsection. Paragraph (1) of this subsection applies to any preparation declared highly toxic to humans, pursuant to § 5–104(b) of this subtitle.

(m) “Insect” means any small invertebrate animal generally having a more or less obviously segmented body and, for the most part belonging to the class insecta, which is comprised of six–legged, usually winged forms, such as, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, such as, spiders, mites, ticks, centipedes, and wood lice.

(n) “Insecticide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insects which may be present in any environment.

(o) “Label” means the written, printed, or graphic matter on or attached to a pesticide, or its immediate container, and the outside container or wrapper of any retail package of a pesticide.

(p) “Labeling” means every label and other written, printed, or graphic matter (1) on any pesticide, its container, or wrapper; (2) accompanying the pesticide at any time; or (3) to which reference is made on the label or in literature accompanying the pesticide, except when an accurate, not misleading reference is made to any current official publication of any federal agency, State agency, or any agency of another state which is authorized by law to conduct pesticide research.

(q) A pesticide is “misbranded” if:

(1) Its labeling bears any statement, design, or graphic representation relative to the pesticide or its ingredients which is false or misleading in any particular;

(2) It is an imitation of another pesticide or is offered for sale under the name of another pesticide;

(3) Its labeling bears any reference to registration under this subtitle;

(4) The labeling accompanying it does not contain instructions for use which are necessary and adequate if complied with, for the protection of the public and the environment;

(5) The label does not contain a warning or caution statement which may be necessary and adequate if complied with, to prevent injury to living man and other vertebrate animals;

(6) The label of the retail package does not bear an ingredient statement on the immediate container and on any outside container or retail package wrapper, through which the ingredient statement on the immediate container cannot be clearly read as presented or displayed under customary conditions of purchase;

(7) Any word, statement, or other information required by this subtitle to appear on the labeling is not placed prominently and conspicuously, as compared with other words, statements, designs, or graphic matter in the labeling and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(8) In the case of an insecticide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, the pesticide is injurious to living man including any person applying it, other vertebrate animals, or vegetation, except weeds;

(9) In the case of a plant regulator, defoliant, or desiccant when used as directed, the pesticide is injurious to living man including any person applying it, other vertebrate animals, or vegetation to which it is applied, except that physical or physiological effects on any plant, or part of it, is not deemed to be injury, when this is the purpose for which the plant regulator, defoliant, or desiccant is applied, in accordance with the label claims and recommendations.

(r) “Nematicide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

(s) “Nematode” means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, an unsegmented round worm, commonly known as a nema or eelworm, with an elongated, fusiform or saclike body covered with cuticle, and which inhabits soil, water, plants, or plant parts.

(t) “Pesticide” means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans or other animals, which the Secretary declares to be a pest; and (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(u) “Plant regulator” means any substance or mixture of substances, intended to accelerate or retard, through physiological action, the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but does not include any substance to the extent that it is intended as a plant nutrient, trace element, nutritional chemical, plant inoculant, or soil amendment.

(v) “Registrant” means any person who registers any pesticide pursuant to the provisions of this subtitle.

(w) “Rodenticide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents or any other vertebrate animal which the Secretary declares to be a pest.

(x) “Weed” means any plant or plant part which grows where it is not wanted.
Md. Code, Public Safety § 5-601 — MD Code / Article gps / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

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

(b) “Ammunition” has the meaning stated in § 5–133.1 of this title.

(c) “Extreme risk protective order” means a civil interim, temporary, or final protective order issued in accordance with this subtitle.

(d) “Firearm” has the meaning stated in § 5–101 of this title.

(e) (1) “Petitioner” means an individual who files a petition for an extreme risk protective order under this subtitle.

(2) “Petitioner” includes:

(i) a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage or family therapist, or health officer or designee of a health officer who has examined the individual;

(ii) a law enforcement officer;

(iii) the spouse of the respondent;

(iv) a cohabitant of the respondent;

(v) a person related to the respondent by blood, marriage, or adoption;

(vi) an individual who has a child in common with the respondent;

(vii) a current dating or intimate partner of the respondent; and

(viii) a current or former legal guardian of the respondent.

(f) “Respondent” means a person against whom a petition for an extreme risk protective order is filed.
Md. Code, Economic Development § 5-549 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-549
§5–549.
Status: in_force

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

(b) (1) “Enterprise” means a business entity proposing to carry on a business in the State that meets the requirements of § 5–526 of this subtitle.

(2) “Enterprise” includes:

(i) a sole proprietorship;

(ii) a partnership;

(iii) a limited partnership;

(iv) a corporation; or

(v) a joint venture.

(c) “Equity participation financing” includes investment or guaranty of investment in an enterprise.

(d) “Existing business” means a business whose board of directors or owners approve the sale of the business to an enterprise receiving equity participation financing.

(e) “Fund” means the Equity Participation Investment Program Fund.

(f) “Program” means the Equity Participation Investment Program.

(g) “Qualified security” means:

(1) a note, bond, debenture, or other evidence of indebtedness;

(2) stock or other form of equity participation;

(3) a certificate of interest or participation in a profit–sharing agreement;

(4) an investment contract;

(5) a certificate of deposit for a security;

(6) a certificate of interest or participation in a patent or patent application or in royalty or other payments under a patent or patent application; or

(7) an interest or instrument commonly known as a “security” or a certificate for, receipt for, guaranty of, or option, warrant, or right to subscribe to or purchase a qualified security.

(h) “Small business” means a business that is classified as a small business under the U.S. Small Business Administration size standards.
Md. Code, Corporations and Associations § 5-522 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-522
§5–522.
Status: in_force

(a) If otherwise lawful, a member may contract with his cooperative to sell his products to or through or buy goods from or through the cooperative or its facilities.

(b) The contract may be made self-renewing for periods up to five years, subject to notice to be given by either party at least 60 days before the contract expires if he desires not to renew.

(c) The contract may provide for liquidated damages to be paid by the member for breach of contract.

(d) In the event of a breach or threatened breach of the contract by a member, the cooperative may obtain an injunction to prevent the breach and a decree for specific performance of the contract.
Md. Code, State Personnel and Pensions § 5-307 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) An employee in the State Personnel Management System who seeks relief for a violation of § 5-305 of this subtitle may elect to file:

(1) a complaint under § 5-309 of this subtitle; or

(2) a grievance under Title 12 of this article.

(b) An employee of the University System of Maryland who is eligible to file a grievance under Title 13 of the Education Article and seeks relief for a violation of § 5-305 of this subtitle may elect to file:

(1) a complaint under § 5-309 of this subtitle; or

(2) a grievance under Title 13 of the Education Article.

(c) An employee of Morgan State University who is eligible to file a grievance under Title 14 of the Education Article and seeks relief for a violation of § 5-305 of this subtitle may elect to file:

(1) a complaint under § 5-309 of this subtitle; or

(2) a grievance under Title 14 of the Education Article.
Md. Code, Health - General § 5-404 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

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

(b) A member of the Board:

(1) May not receive compensation; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, General Provisions § 5-205 — MD Code / Article ggp / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) The Ethics Commission shall:

(1) administer the provisions of this title, except as otherwise expressly provided in this title;

(2) create and provide forms for each document required by this title;

(3) retain as a public record each document filed with the Commission for at least 4 years after receipt;

(4) review periodically the adequacy of public ethics laws;

(5) (i) review each statement and report filed in accordance with Subtitle 6 or Subtitle 7 of this title; and

(ii) notify officials and employees submitting documents under Subtitle 6 of this title of any omissions or deficiencies; and

(6) publish and make available to persons subject to this title, and to the public, information that explains the provisions of this title, the duties imposed by it, and the means for enforcing it.

(b) (1) The Ethics Commission shall adopt by regulation model provisions for local governments and school boards on:

(i) conflicts of interest;

(ii) financial disclosure; and

(iii) regulation of lobbying.

(2) Model provisions adopted under paragraph (1) of this subsection may be:

(i) adopted by any local jurisdiction or school board; or

(ii) imposed on a local jurisdiction or school board in accordance with Subtitle 8 of this title.

(c) (1) The Ethics Commission shall:

(i) compile annually an alphabetized list of entities doing business with the State during the preceding calendar year; and

(ii) make the list available to individuals required to file a statement under Subtitle 6 of this title.

(2) The list prepared under paragraph (1) of this subsection shall be available for public inspection by March 1 of each year.

(3) On request of the Ethics Commission, an official or a unit of State government shall provide to the Commission in a timely manner any information necessary for the Commission to perform its duties under this subsection.

(d) (1) The Ethics Commission shall provide a training course through online training or live presentation on the conflict of interest, financial disclosure, relevant administrative, and other applicable requirements of the Maryland Public Ethics Law for an individual who:

(i) fills a vacancy in a position that has been identified as a public official position under § 5–103 of this title;

(ii) serves in a position identified as a public official position under § 5–103 of this title; or

(iii) on or after January 19, 2023, is a State official that is subject to the jurisdiction of the Ethics Commission under § 5–104(a) of this title.

(2) The individual shall complete the training course within 6 months of:

(i) filling a vacancy; or

(ii) a position being identified as a public official position.

(3) The training requirement under this subsection does not apply to an individual who:

(i) except for a member of a board of license commissioners or a liquor control board, is a public official only as a member of a commission, task force, or similar entity; or

(ii) has completed a training course provided by the Ethics Commission while serving in another public official position.

(e) (1) (i) The Ethics Commission shall provide a training course for regulated lobbyists and prospective regulated lobbyists at least twice each year through online training or live presentation on the provisions of the Maryland Public Ethics Law, including provisions related to discrimination and harassment, relevant to regulated lobbyists.

(ii) One training course shall be held each January.

(2) When a person initially registers as a regulated lobbyist, the Ethics Commission shall provide the person with information on the provisions of the Maryland Public Ethics Law relevant to regulated lobbyists.

(f) Subject to § 2–1257 of the State Government Article, the Ethics Commission shall submit to the General Assembly:

(1) an annual report on its activities; and

(2) based on its investigations and studies, other special reports with recommendations for legislation as may be appropriate.
Md. Code, General Provisions § 5-844 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-844
§5–844.
Status: in_force

(a) A person who knowingly and willfully violates this part is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(b) If the person is a business entity and not a natural person, each officer and partner of the business entity who knowingly authorized or participated in the violation is guilty of a misdemeanor and on conviction is subject to the same penalties as the business entity.

(c) This part shall be enforced by the State’s Attorney for Montgomery County.
Md. Code, Education § 5-217 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-217
§5–217.
Status: in_force

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

(2) “CCR per pupil amount” means:

(i) For fiscal year 2022, $517; and

(ii) For each fiscal year thereafter, the CCR per pupil amount in the prior fiscal year increased by the inflation adjustment.

(3) “CCR program amount” means, for each county, the product of the total number of CCR students in the prior school year and the CCR per pupil amount.

(4) “CCR student” means a student who is college and career ready, as demonstrated by having met the college and career readiness standard adopted by the State Board under § 7–205.1 of this article.

(5) “Local share” means, for each county, the result of the CCR program amount minus the State share rounded to the nearest whole dollar.

(6) “State share” means, for each county, the result, rounded to the nearest whole dollar, of the following calculation multiplied by 0.5:

(i) Multiply the CCR per pupil amount by the number of CCR students;

(ii) Divide the result calculated under item (i) of this paragraph by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil; and

(iii) Multiply the result calculated under item (ii) of this paragraph by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item (ii) of this paragraph for all counties.

(7) “Total program amount” means the product of the CCR per pupil amount and the number of CCR students in the State.

(b) (1) Each fiscal year, the State shall distribute the State share of the CCR program amount to each county board.

(2) Each fiscal year, the county board shall distribute to each school the minimum school funding amount for college and career readiness calculated under § 5–234 of this subtitle.
Md. Code, Agriculture § 5-310 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) If any nursery stock is shipped into the State from any other state to any nurseryman, broker, dealer, or other person in the State, every carload, bale, box or package shall be plainly labeled on the outside with (1) the name of the consignor, (2) the name of the consignee, and (3) a certificate showing that the contents have been inspected by a qualified State or government officer, and that the nursery stock is apparently free from any dangerously injurious plant pests.

(b) If any nursery stock is shipped into the State from any other state without a certificate plainly fixed on the outside of each carload, box, bale, or package, the agent of the person receiving it may not deliver the nursery stock to the consignee or agent representing the consignor. The agent of the recipient shall notify the Secretary.

(c) The Secretary immediately shall request any District Court to issue a summons ordering the consignee, consignor, or their agents to appear before it on a certain day named in the summons to show why the nursery stock should not be seized for violating the provisions of this subtitle. If the Court is satisfied that the provisions of this subtitle have been violated, it shall order the consignee or his agent to return the carload, box, bale, or package of nursery stock immediately to the consignor, unless the consignee or agent of the consignor at his expense has the nursery stock examined and certified by the Secretary. If the agent or consignee fails to have the nursery stock examined and certified by the Secretary or fails to return the carload, box, bale or package, then the Court shall order the constable, sheriff, or any law enforcement officer to burn and destroy any nursery stock shipped into the State in violation of this subtitle.
Md. Code, Public Safety § 5-607 — MD Code / Article gps / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

In accordance with the provisions of § 1–203 of the Criminal Procedure Article, on application by a State’s Attorney or a law enforcement officer with probable cause to believe that a respondent who is subject to an extreme risk protective order possesses a firearm and failed to surrender the firearm in accordance with the order, a court may issue a search warrant for the removal of the firearm at any location identified in the application for the warrant.
Md. Code, Natural Resources § 5-1601 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1601
§5–1601.
Status: in_force

§5–1601. IN EFFECT

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

(b) “Afforestation” means the establishment of a tree cover on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.

(c) “Agricultural activity” means farming activities including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, and other products cultivated as part of a recognized commercial enterprise.

(d) “Agricultural and resource areas” are undeveloped areas zoned for densities of less than or equal to 1 dwelling unit per 5 acres.

(e) “Champion Tree” means the largest tree of its species within the United States, the State, county, or municipality, as appropriate.

(f) “Commercial and industrial uses” includes manufacturing operations, office complexes, shopping centers, and other similar uses and their associated storage areas, yarding, and parking areas.

(g) “Commercial logging or timber harvesting operations” means the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.

(h) “Critical habitat area” means a critical habitat for endangered species and its surrounding protection area. A critical habitat area shall:

(1) Be likely to contribute to the long–term survival of the species;

(2) Be likely to be occupied by the species for the foreseeable future; and

(3) Constitute habitat of the species which is deemed critical under § 4–2A–06 or § 10–2A–06 of this article.

(i) “Critical habitat for endangered species” means a habitat occupied by an endangered species as determined or listed under § 4–2A–04 or § 10–2A–04 of this article.

(j) “Department” means the Department of Natural Resources.

(k) (1) “Forest” means a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.

(2) “Forest” includes:

(i) Areas that have at least 100 trees per acre with at least 50% of those trees having a 2 inch or greater diameter at 4.5 feet above the ground; and

(ii) Forest areas that have been cut but not cleared.

(3) “Forest” does not include orchards.

(l) “Forest conservation” means the retention of existing forest or the creation of new forest at the levels prescribed by the State or local authority.

(m) “Forest conservation plan” means a plan approved pursuant to §§ 5–1605 and 5–1606 of this subtitle.

(n) “Forest cover” means the area of a site meeting the definition of forest.

(o) “Forest mitigation banking” means the intentional restoration, creation, or qualified conservation of forests undertaken expressly for the purpose of providing credits for afforestation or reforestation requirements with enhanced environmental benefits from future activities.

(p) “Forest stand delineation” means the methodology for evaluating the existing vegetation on a site proposed for development, taking into account the environmental elements that shape or influence the structure or makeup of a plant community.

(q) “Forested slopes” means an area meeting the definition of forest and growing on an area with a slope of 25 percent or more and covering an area of at least 10,000 square feet.

(r) “High density residential areas” means areas zoned for densities greater than 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.

(s) “Institutional development area” includes schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries.

(t) “Intermittent stream” means a stream in which surface water is absent during a portion of the year as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geological Survey as confirmed by field verification.

(u) “Linear project” means a project whose configuration is elongated with nearly parallel sides and used to transport a utility product or public service not otherwise contained in an application for subdivision, such as electricity, gas, water, sewer, communications, trains, and vehicles. Linear projects may traverse fee simple properties through defined boundaries or through easement rights.

(v) “Local forest conservation program” means a program developed and implemented pursuant to § 5–1603 of this subtitle.

(w) “Medium density residential areas” means areas zoned for densities greater than 1 dwelling unit per 5 acres and less than or equal to 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.

(x) “Mixed use development” means a single, relatively high density development project, usually commercial in nature, which includes 2 or more types of uses.

(y) “Natural regeneration” means the natural establishment of trees and other vegetation with at least 400 woody, free–to–grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.

(z) “Net tract area” means:

(1) Except in agriculture and resource areas or linear project areas, the total area of a site, including both forested and nonforested areas, to the nearest one–tenth acre reduced by that area where forest clearing is restricted by another local ordinance or program;

(2) In agriculture and resource areas, the portion of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities reduced by that area where forest clearing is restricted by another local ordinance or program; and

(3) For a linear project:

(i) The area of a right–of–way width, new access roads, and storage; or

(ii) The limits of disturbance as shown on an application for sediment and erosion control approval or in a capital improvements program project description.

(aa) (1) “Nontidal wetland” means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

(2) The determination of whether an area is considered a nontidal wetland shall be made in accordance with the publication known as the “Federal Manual for Identifying and Delineating Jurisdictional Wetlands”, published in 1989 and as may be amended and interpreted by the U.S. Environmental Protection Agency.

(3) “Nontidal wetland” does not include a tidal wetland regulated under Title 16 of the Environment Article.

(bb) (1) “One hundred year floodplain” means an area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a 100–year frequency storm event.

(2) A 100–year flood is a flood which has a 1% chance of being equaled or exceeded in any given year. Except for Class III waters (natural trout streams), a body of water with a watershed less than 400 acres is excluded.

(cc) “Perennial stream” means a stream containing surface water throughout an average rainfall year, as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geological Survey, as confirmed by field verification.

(dd) “Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.

(ee) “Planned unit development” means a development comprised of a combination of land uses or varying intensities of the same land use in accordance with an integrated plan that provides flexibility in land use design approved by the local jurisdiction with at least 20% of the land permanently dedicated to open space.

(ff) “Priority funding area” means an area designated as a priority funding area under § 5–7B–02 of the State Finance and Procurement Article.

(gg) “Qualified conservation” means the conservation of all or a part of an existing forest that:

(1) Has been approved by the appropriate State or local forest conservation program for the purpose of establishing a forest mitigation bank; and

(2) Is encumbered in perpetuity by a restrictive easement, covenant, or another similar mechanism recorded in the county land records to conserve its character as a forest.

(hh) (1) “Reforestation” or “reforested” means the creation of a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having the potential of attaining a 2 inch or greater diameter measured at 4.5 feet above the ground, within 7 years.

(2) “Reforestation” includes landscaping of areas under an approved landscaping plan that establishes a forest that is at least 35 feet wide and covering 2,500 square feet of area.

(3) “Reforestation” for a linear project which involves overhead transmission lines may consist of a biological community dominated by trees and woody shrubs with no minimum height or diameter criteria.

(ii) “Retention” means the deliberate holding and protecting of existing trees, shrubs, or plants on the site according to established standards.

(jj) “Seedlings” means an unbranched woody plant, less than 24 inches in height and having a diameter of less than 1/2 inch caliper measured at 2 inches above the root collar.

(kk) “Selective clearing” means the careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved forest conservation plan.

(ll) “Stream buffer” means all lands lying within 50 feet, measured from the top of each normal bank of any perennial or intermittent stream.

(mm) “Stream restoration project” means an activity that:

(1) Is designed to stabilize stream banks or enhance stream function or habitat located within an existing stream, waterway, or floodplain;

(2) Avoids and minimizes impacts to forests and provides for replanting on–site an equivalent number of trees to the number removed by the project;

(3) May be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the State or local government to achieve or maintain water quality standards; and

(4) Is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with proposed development activity.

(nn) “Subdivision” means any division of a parcel of land into 2 or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease, or development.

(oo) (1) Except as provided in paragraph (2) of this subsection, “tract” means property subject to an application for a grading or sediment control permit or subdivision approval.

(2) If property is included in a planned unit development, “tract” means the entire property subject to the planned unit development.

(pp) “Tree” means a large, woody plant having 1 or several self–supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.

(qq) “Whip” means an unbranched woody plant greater than 24 inches in height and having a diameter of less than 1 inch caliper measured at 2 inches above the root collar.

§5–1601. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **

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

(b) “Afforestation” means the establishment of a tree cover on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.

(c) “Agricultural activity” means farming activities including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, and other products cultivated as part of a recognized commercial enterprise.

(d) “Agricultural and resource areas” are undeveloped areas zoned for densities of less than or equal to 1 dwelling unit per 5 acres.

(e) “Champion Tree” means the largest tree of its species within the United States, the State, county, or municipality, as appropriate.

(f) “Commercial and industrial uses” includes manufacturing operations, office complexes, shopping centers, and other similar uses and their associated storage areas, yarding, and parking areas.

(g) “Commercial logging or timber harvesting operations” means the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.

(h) “Critical habitat area” means a critical habitat for endangered species and its surrounding protection area. A critical habitat area shall:

(1) Be likely to contribute to the long–term survival of the species;

(2) Be likely to be occupied by the species for the foreseeable future; and

(3) Constitute habitat of the species which is deemed critical under § 4–2A–06 or § 10–2A–06 of this article.

(i) “Critical habitat for endangered species” means a habitat occupied by an endangered species as determined or listed under § 4–2A–04 or § 10–2A–04 of this article.

(j) “Department” means the Department of Natural Resources.

(k) (1) “Forest” means a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.

(2) “Forest” includes:

(i) Areas that have at least 100 trees per acre with at least 50% of those trees having a 2 inch or greater diameter at 4.5 feet above the ground; and

(ii) Forest areas that have been cut but not cleared.

(3) “Forest” does not include orchards.

(l) “Forest conservation” means the retention of existing forest or the creation of new forest at the levels prescribed by the State or local authority.

(m) “Forest conservation plan” means a plan approved pursuant to §§ 5–1605 and 5–1606 of this subtitle.

(n) “Forest cover” means the area of a site meeting the definition of forest.

(o) “Forest mitigation banking” means the intentional restoration, creation, or qualified conservation of forests undertaken expressly for the purpose of providing credits for afforestation or reforestation requirements with enhanced environmental benefits from future activities.

(p) “Forest stand delineation” means the methodology for evaluating the existing vegetation on a site proposed for development, taking into account the environmental elements that shape or influence the structure or makeup of a plant community.

(q) “Forested slopes” means an area meeting the definition of forest and growing on an area with a slope of 25 percent or more and covering an area of at least 10,000 square feet.

(r) “High density residential areas” means areas zoned for densities greater than 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.

(s) “Institutional development area” includes schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries.

(t) “Intermittent stream” means a stream in which surface water is absent during a portion of the year as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geological Survey as confirmed by field verification.

(u) “Linear project” means a project whose configuration is elongated with nearly parallel sides and used to transport a utility product or public service not otherwise contained in an application for subdivision, such as electricity, gas, water, sewer, communications, trains, and vehicles. Linear projects may traverse fee simple properties through defined boundaries or through easement rights.

(v) “Local forest conservation program” means a program developed and implemented pursuant to § 5–1603 of this subtitle.

(w) “Medium density residential areas” means areas zoned for densities greater than 1 dwelling unit per 5 acres and less than or equal to 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.

(x) “Mixed use development” means a single, relatively high density development project, usually commercial in nature, which includes 2 or more types of uses.

(y) “Natural regeneration” means the natural establishment of trees and other vegetation with at least 400 woody, free–to–grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.

(z) “Net tract area” means:

(1) Except in agriculture and resource areas or linear project areas, the total area of a site, including both forested and nonforested areas, to the nearest one–tenth acre reduced by that area where forest clearing is restricted by another local ordinance or program;

(2) In agriculture and resource areas, the portion of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities reduced by that area where forest clearing is restricted by another local ordinance or program; and

(3) For a linear project:

(i) The area of a right–of–way width, new access roads, and storage; or

(ii) The limits of disturbance as shown on an application for sediment and erosion control approval or in a capital improvements program project description.

(aa) (1) “Nontidal wetland” means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

(2) The determination of whether an area is considered a nontidal wetland shall be made in accordance with the publication known as the “Federal Manual for Identifying and Delineating Jurisdictional Wetlands”, published in 1989 and as may be amended and interpreted by the U.S. Environmental Protection Agency.

(3) “Nontidal wetland” does not include a tidal wetland regulated under Title 16 of the Environment Article.

(bb) (1) “One hundred year floodplain” means an area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a 100–year frequency storm event.

(2) A 100–year flood is a flood which has a 1% chance of being equaled or exceeded in any given year. Except for Class III waters (natural trout streams), a body of water with a watershed less than 400 acres is excluded.

(cc) “Perennial stream” means a stream containing surface water throughout an average rainfall year, as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geological Survey, as confirmed by field verification.

(dd) “Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.

(ee) “Planned unit development” means a development comprised of a combination of land uses or varying intensities of the same land use in accordance with an integrated plan that provides flexibility in land use design approved by the local jurisdiction with at least 20% of the land permanently dedicated to open space.

(ff) “Priority funding area” means an area designated as a priority funding area under § 5–7B–02 of the State Finance and Procurement Article.

(gg) “Qualified conservation” means the conservation of all or a part of an existing forest that:

(1) Has been approved by the appropriate State of local forest conservation program for the purpose of establishing a forest mitigation bank; and

(2) Is encumbered in perpetuity by a restrictive easement, covenant, or another similar mechanism recorded in the county land records to conserve its character as a forest.

(hh) (1) “Reforestation” or “reforested” means the creation of a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having the potential of attaining a 2 inch or greater diameter measured at 4.5 feet above the ground, within 7 years.

(2) “Reforestation” includes landscaping of areas under an approved landscaping plan that establishes a forest that is at least 35 feet wide and covering 2,500 square feet of area.

(3) “Reforestation” for a linear project which involves overhead transmission lines may consist of a biological community dominated by trees and woody shrubs with no minimum height or diameter criteria.

(ii) “Retention” means the deliberate holding and protecting of existing trees, shrubs, or plants on the site according to established standards.

(jj) “Seedlings” means an unbranched woody plant, less than 24 inches in height and having a diameter of less than 1/2 inch caliper measured at 2 inches above the root collar.

(kk) “Selective clearing” means the careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved forest conservation plan.

(ll) “Stream buffer” means all lands lying within 50 feet, measured from the top of each normal bank of any perennial or intermittent stream.

(mm) “Stream restoration project” means an activity that:

(1) Is designed to stabilize stream banks or enhance stream function or habitat located within an existing stream, waterway, or floodplain;

(2) Avoids and minimizes impacts to forests and provides for replanting on–site an equivalent number of trees to the number removed by the project;

(3) May be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the State or local government to achieve or maintain water quality standards; and

(4) Is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with proposed development activity.

(nn) “Subdivision” means any division of a parcel of land into 2 or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease, or development.

(oo) (1) Except as provided in paragraph (2) of this subsection, “tract” means property subject to an application for a grading or sediment control permit or subdivision approval.

(2) If property is included in a planned unit development, “tract” means the entire property subject to the planned unit development.

(pp) “Tree” means a large, woody plant having 1 or several self–supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.

(qq) “Whip” means an unbranched woody plant greater than 24 inches in height and having a diameter of less than 1 inch caliper measured at 2 inches above the root collar.
Md. Code, Labor and Employment § 5-804 — MD Code / Article gle / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

(a) A person may not knowingly make a false certification, false representation, or false statement in an application, plan, record, report, or other document that is filed or required to be kept under this title.

(b) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 6 months or both.
Md. Code, Public Utilities § 5-106 — MD Code / Article gpu / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

Before a license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority:

(1) a certificate of compliance with the Maryland Workers’ Compensation Act; or

(2) the number of a workers’ compensation insurance policy or binder.
Md. Code, Family Law § 5-704.3 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-704.3
§5–704.
Status: in_force

§5–704.3.

A local department that receives a report of suspected abuse or neglect under this subtitle involving a child who is a suspected victim of sex trafficking or labor trafficking shall refer the child to any appropriate regional navigator, as defined in § 5–704.4 of this subtitle, for the jurisdiction where the trafficking occurred or where the child is a resident for services.
Md. Code, Economic Development § 5-414 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-414
§5–414.
Status: in_force

The Authority may adopt regulations to carry out this subtitle.
Md. Code, Economic Development § 5-514 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-514
§5–514.
Status: in_force

(a) Notwithstanding § 10–469(e) and (f) of this article or any other law, the following money shall be payable into the funds under this subtitle:

(1) any recovery of investments made under § 10–469 of this article that were funded by a transfer of money from the funds under this subtitle to the Enterprise Fund, including an investment in MMG Ventures LLP; and

(2) any repayment of a grant made under § 10–469 of this article that was funded by a transfer of money from the funds under this subtitle to the Enterprise Fund.

(b) The Authority shall determine the proportion of the recovery or repayment payable under subsection (a) of this section that shall be deposited into each of the funds under this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-518 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-518
§5–518.
Status: in_force

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

(2) “Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer for a county board of education, and that are reimbursed to the volunteer or otherwise paid.

(3) “County board employee” means:

(i) Any employee whose compensation is paid in whole or in part by a county board of education; or

(ii) A student teacher.

(4) “County board member” means a duly elected or appointed member of a county board of education.

(5) “Volunteer” means an individual who, at the request of the county board and under its control and direction, provides services or performs duties for the county board without compensation.

(b) A county board of education, described under Title 4, Subtitle 1 of the Education Article, may raise the defense of sovereign immunity to:

(1) Any amount claimed above the limit of its insurance policy; or

(2) If self–insured or a member of a pool described under § 4–105(c)(1)(ii) of the Education Article:

(i) Except as provided in item (ii) of this item, any amount above $400,000; or

(ii) If the liability of the county board of education arises from one or more claims of sexual abuse, as defined in § 5–117 of this title, that occurred when the claimant was a minor:

1. Except as provided in item 2 of this item, any amount above $890,000 to a single claimant for the claim or claims; and

2. For an action filed on or after June 1, 2025, that would have been barred by a time limitation before October 1, 2023, any amount above $400,000 to a single claimant for the claim or claims.

(c) (1) Except as provided in paragraph (2) of this subsection, a county board of education may not raise the defense of sovereign immunity to any claim of $400,000 or less.

(2) If liability of a county board of education arises under one or more claims of sexual abuse, as defined in § 5–117 of this title, that occurred when the claimant was a minor:

(i) Except as provided in item (ii) of this paragraph, the liability may not exceed $890,000 to a single claimant for injuries arising from the claim or claims; and

(ii) For an action filed on or after June 1, 2025, that would have been barred by a time limitation before October 1, 2023, the liability may not exceed $400,000 to a single claimant for injuries arising from the claim or claims.

(d) (1) The county board shall be joined as a party to an action against a county board employee, county board member, or volunteer that alleges damages resulting from a tortious act or omission committed by the employee in the scope of employment, by the county board member within the scope of the member’s authority, or by the volunteer within the scope of the volunteer’s services or duties.

(2) The issue of whether the county board employee acted within the scope of employment may be litigated separately.

(3) The issue of whether the county board member acted within the scope of the member’s authority may be litigated separately.

(4) The issue of whether the volunteer acted within the scope of the volunteer’s services or duties may be litigated separately.

(e) A county board employee acting within the scope of employment, without malice and gross negligence, is not personally liable for damages resulting from a tortious act or omission for which a limitation of liability is provided for the county board under subsection (b) of this section, including damages that exceed the limitation on the county board’s liability.

(f) (1) A county board member, acting within the scope of the member’s authority, without malice and gross negligence, is not personally liable for damages resulting from a tortious act or omission for which a limitation of liability is provided for the county board under subsection (b) of this section, including damages that exceed the limitation on the county board’s liability.

(2) In addition to the immunity provided under paragraph (1) of this subsection, a county board member is immune as an individual from civil liability for any act or omission if the member is acting:

(i) Within the scope of the member’s authority;

(ii) Without malice; and

(iii) In a discretionary capacity.

(g) (1) The provisions of this subsection apply only to a volunteer.

(2) A volunteer who acts within the scope of the volunteer’s services or duties is not personally liable for damages resulting from a tortious act or omission beyond the limits of any personal insurance the volunteer may have unless:

(i) The damages were the result of the volunteer’s negligent operation of a motor vehicle; or

(ii) The damages were the result of the volunteer’s willful, wanton, malicious, reckless, or grossly negligent act or omission.

(3) The limitations on liability contained in this subsection may not be construed or applied to affect any immunities from civil liability or defenses established by any other provision of the Code or available at common law to which the volunteer may be entitled.

(h) Except as provided in subsection (e), (f), or (g) of this section, a judgment in tort for damages against a county board employee acting within the scope of employment, a county board member acting within the scope of the member’s authority, or a volunteer acting within the scope of the volunteer’s services or duties shall be levied against the county board only and may not be executed against the county board employee, the county board member, or the volunteer personally.
Md. Code, Business Occupations and Professions § 5-305.1 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-305.1
§5–305.
Status: in_force

§5–305.1.

(a) The Department shall approve training programs that an individual may complete to satisfy the domestic violence awareness training requirements of this title.

(b) A training program approved under subsection (a) of this section must:

(1) be offered in person and virtually;

(2) include guidance on:

(i) recognizing the signs of domestic violence;

(ii) strategies to navigate conversations with clients who may be victims of domestic violence;

(iii) how to listen to and communicate with victims of domestic violence; and

(iv) connecting clients with resources and support groups for victims of domestic violence; and

(3) have a duration of at least 1 hour.
Md. Code, Family Law § 5-3A-02 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-02
§5–3A–02.
Status: in_force

(a) This subtitle applies only to:

(1) guardianship by a child placement agency of a child other than a child in need of assistance; and

(2) adoption of the child.

(b) Except as expressly provided in this subtitle, this subtitle does not apply to any case pending on or before December 31, 2005.
Md. Code, Economic Development § 5-463 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-463
§5–463.
Status: in_force

(a) A person may not knowingly make or cause a false statement or report to be made in an application or document submitted to the Authority.

(b) A person may not knowingly make or cause a false statement or report to be made to influence an action of the Authority:

(1) on an application for financial assistance under this subtitle; or

(2) affecting financial assistance sought or awarded under this subtitle.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $50,000 or both.

(d) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Md. Code, Courts and Judicial Proceedings § 5-713 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-713
§5–713.
Status: in_force

(a) In this section, “Board” means the State Board of Pharmacy.

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, Human Services § 5-501 — MD Code / Article ghu / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

(a) (1) The Department may implement a Supplemental Nutrition Assistance Program in accordance with the federal Supplemental Nutrition Assistance Program.

(2) The Supplemental Nutrition Assistance Program shall include:

(i) a Restaurant Meals Program in accordance with § 5–505 of this subtitle; and

(ii) a Heat and Eat Program in accordance with § 5–506 of this subtitle.

(b) The State shall bear the nonfederal portion of the administrative costs of the Supplemental Nutrition Assistance Program for each county.

(c) Each local department shall administer the Supplemental Nutrition Assistance Program:

(1) under the supervision and control of the Department; and

(2) in accordance with the regulations of the Department and federal law.

(d) If a household includes an individual who is at least 60 years old and receives a federally funded benefit in an amount less than $50 per month under the Supplemental Nutrition Assistance Program, the State shall provide a supplement to increase the total benefit to $50 per month.