Md. Code, Commercial Law § 12-309 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-309
§12–309.
Status: in_force

(a) If a lender makes a loan for the purpose of enabling a borrower to buy goods or services used primarily for personal, family, or household purposes, then, in addition to any other claim or defense which the borrower has under this subtitle, the lender is subject to the claims and defenses of the borrower against the seller arising from the sale of the goods or services, if:

(1) The lender knows that the seller arranged for the extension of credit by the lender; or

(2) The lender otherwise knowingly participated in the sale.

(b) In determining that a lender knowingly participated in a sale transaction, the following factors, among others, may be considered:

(1) The lender was a person related to the seller, unless the relationship was remote or was not a factor in the sale or loan;

(2) The proceeds of the loan were made payable in whole or in part to the seller;

(3) The lender took a purchase-money security interest in the goods which were the subject of the sale;

(4) The seller guaranteed the loan or otherwise assumed the risk of loss by the lender on the loan;

(5) The lender directly supplied to the seller a form used by the borrower to evidence or secure the loan; or

(6) The loan was conditioned on purchase by the borrower of the goods or services from the particular seller, but the payment by the lender of any proceeds of the loan to the seller does not establish in itself that the loan was so conditioned.

(c) (1) The liability of a lender under this section may not exceed the amount owed to the lender with respect to the sale at the time the lender has notice of a claim or defense of the buyer against the seller.

(2) If two or more loans are consolidated, the maximum amount owed to the lender under paragraph (1) of this subsection is determined as follows:

(i) If the consolidated loans arose from sales made on the same day, the payments received after the consolidation are considered to be applied first to the smallest loan; and

(ii) In any other case, the payments received after the consolidation are considered to be applied first to payment of the loan first made.

(d) The lender is subrogated to each right and remedy which the borrower has against the seller.
Md. Code, Public Utilities § 12-102 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

It is the intent of the General Assembly to protect underground facilities of owners from destruction, damage, or dislocation to prevent:

(1) death or injury to individuals;

(2) property damage to private and public property; and

(3) the loss of services provided to the general public.
Md. Code, Economic Development § 12-308 — MD Code / Article gec / Title 12 / Subtitle 3 / Section 12-308
§12–308.
Status: in_force

(a) A bond:

(1) may be in bearer form;

(2) may be registrable as to principal alone or as to both principal and interest; and

(3) is a “security” under § 8-102 of the Commercial Law Article, whether or not the bond is one of a class or series or is divisible into a class or series of instruments.

(b) (1) A bond shall be signed manually or in facsimile by the chief executive of the political subdivision.

(2) An officer’s signature or facsimile signature on a bond remains valid even if the officer leaves office before the bond is delivered.

(3) The seal of the political subdivision shall be affixed to the bond and attested by the clerk or other similar administrative officer of the political subdivision.

(c) (1) A bond shall mature not later than 40 years after the date of issue.

(2) Bonds may be issued as serial bonds or term bonds with provisions for a mandatory sinking fund or other annual principal redemption beginning not later than 3 years after the date of issue.

(d) (1) A bond shall be sold in the manner, at public or private (negotiated) sale, and on the terms at, above, or below par, as the political subdivision considers best.

(2) A contract to acquire property may provide that payments shall be made in bonds.

(3) A bond is not subject to §§ 19–205 and 19–206 of the Local Government Article.
Md. Code, Housing and Community Development § 12-105 — MD Code / Article ghs / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

(a) An authority of a municipal corporation or Baltimore City may:

(1) operate within its territorial boundaries; and

(2) without regard to location:

(i) administer rent subsidy payments and housing assistance programs for both eligible landlords and tenants;

(ii) own or manage housing projects in operation before January 1, 1990; and

(iii) develop, own, or operate a housing project at the request of and within the territorial boundaries of another political subdivision.

(b) (1) Anywhere in its county an authority of a county may:

(i) administer rent subsidy payments and housing assistance programs for both eligible landlords and tenants; and

(ii) own or manage housing projects in operation before:

1. January 1, 1990, if the authority is of Baltimore City; or

2. January 1, 1991, if the authority is of another county.

(2) Subject to paragraph (3) of this subsection, an authority of a county may conduct its other operations within the county.

(3) An authority of a county other than Baltimore City may not conduct its other operations within a municipal corporation unless the governing body of the municipal corporation consents by resolution to its inclusion in the authority’s area of operation.

(c) An authority created under § 12–208 of this title may conduct its operations in the area prescribed under its articles of organization.
Md. Code, Commercial Law § 12-1029 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1029
§12–1029.
Status: in_force

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

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

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

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

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

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

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

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

(2) Acceptable third–party written documentation includes:

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

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

(iii) Payroll receipts;

(iv) The records of a financial institution; or

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

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

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

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

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

2. Made available by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
Md. Code, Transportation § 12-414 — MD Code / Article gtr / Title 12 / Subtitle 4 / Section 12-414
§12–414.
Status: in_force

This subtitle is part of and supplemental to the vehicle registration laws of this State.
Md. Code, Health Occupations § 12-308 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-308
§12–308.
Status: in_force

(a) (1) A license expires on the date set by the Board unless it is renewed for an additional term as provided in this section.

(2) A license may not be renewed for a term longer than 2 years.

(b) (1) Except as provided in paragraph (2) of this subsection, the Board shall send to each licensee, at least 1 month before a license expires, a renewal notice by electronic means to the last known e–mail address of the licensee.

(2) If requested by a licensee, the Board shall send to the licensee a renewal notice by first–class mail to the last known address of the licensee.

(3) If a renewal notice sent by electronic means under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall send to the licensee a renewal notice by first–class mail to the last known address of the licensee.

(4) A renewal notice sent under this subsection shall state:

(i) The date on which the current license expires;

(ii) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and

(iii) The amount of the renewal fee.

(c) Before the license expires, the licensee periodically may renew it for an additional term set by the Board in its regulations, if the licensee:

(1) Otherwise is entitled to be licensed;

(2) Pays to the Board a renewal fee set by the Board; and

(3) Submits to the Board:

(i) A renewal application on the form that the Board requires; and

(ii) Satisfactory evidence of compliance with the continuing education requirements set under this subtitle for license renewal.

(d) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
Md. Code, Commercial Law § 12-611 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-611
§12–611.
Status: in_force

(a) (1) The finance charge under an installment sale agreement relating to consumer goods or a motor vehicle may be computed:

(i) On the actual unpaid principal outstanding from time to time; or

(ii) In advance, at the time the agreement is made, by adding to the principal balance the amount of the finance charge that would be earned if the installment sale agreement were repaid exactly according to its terms at the applicable rate.

(2) Nothing in this subtitle shall be construed to prohibit any particular method of computing the finance charge on an installment sale agreement so long as the amount of the finance charge does not result in a rate of finance charge in excess of that permitted by § 12-609 or § 12-610 of this subtitle, as applicable.

(b) Amounts due under an installment sale agreement relating to consumer goods may be payable in successive monthly, semimonthly, or weekly installments.

(c) As part of the regular practice of a holder, he may include fractional periods of 15 days or more as a whole month if he also entirely excludes fractional periods of 14 days or less.

(d) Unless the buyer has notice of an assignment of an installment sale agreement relating to consumer goods, his payments to the last known holder of the agreement shall discharge his obligation to the extent of the payments.
Md. Code, Alcoholic Beverages and Cannabis § 12-1307 — MD Code / Article gab / Title 12 / Subtitle 13 / Section 12-1307
§12–1307.
Status: in_force

(a) There is a 1–day Class BWT beer and wine tasting license.

(b) The Board may issue the license to a holder of a Class A beer and light wine license or Class A beer, wine, and liquor license.

(c) The license authorizes the license holder to allow on–premises consumption of beer and light wine for tasting.

(d) The Board may issue not more than 12 licenses per year to each license holder.

(e) A license holder may exercise the privileges under the license only during the hours and days provided for under the license holder’s Class A license.

(f) A license holder may serve to an individual:

(1) light wine in a quantity of not more than 1 ounce from an offering; and

(2) beer in a quantity of not more than 3 ounces from an offering.

(g) At the end of the day for which a license is valid, the license holder shall dispose of any beer or wine that remains in a container opened for tasting.

(h) (1) The Board shall set the license fee.

(2) The license fee is in addition to the Class A annual license fee.
Md. Code, Public Safety § 12-616 — MD Code / Article gps / Title 12 / Subtitle 6 / Section 12-616
§12–616.
Status: in_force

(a) Except as otherwise provided in this subtitle, a person may not inspect or certify an electrical installation unless the person is certified by the State Fire Marshal.

(b) A person may not willfully make a false statement on an application submitted under this subtitle.

(c) A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
Md. Code, Transportation § 12-304 — MD Code / Article gtr / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) This section applies only to an adult male applicant under the age of 26 years.

(b) Subject to subsection (c) of this section, the Administration shall provide to the Selective Service Administration in an electronic format, for purposes of registration with the Selective Service as required under federal law, the necessary information concerning a male applicant who applies for a driver’s license or identification card or the renewal of a driver’s license or identification card, including the applicant’s:

(1) Full name;

(2) Current address;

(3) Date of birth;

(4) Gender;

(5) Date of application; and

(6) Social Security number, if available.

(c) (1) A male applicant’s signature on the application indicates that the applicant has selected one of the options specified in paragraph (2) of this subsection concerning Selective Service registration and the forwarding of information to the Selective Service Administration under this section.

(2) In addition to the information required under this subtitle or Title 16 of this article, an application form for a driver’s license or identification card or renewal of a driver’s license or identification card shall contain a statement that the male applicant:

(i) Has already registered with the Selective Service Administration; or

(ii) Has not registered with the Selective Service Administration and:

1. Consents to forwarding the information in subsection (b) of this section to the Selective Service Administration; or

2. Refuses to consent to the forwarding of the information in subsection (b) of this section to the Selective Service Administration.

(d) Refusal to consent to the forwarding of the information in subsection (b) of this section to the Selective Service Administration may not be grounds for denial of an application for a driver’s license or identification card or renewal of a driver’s license or identification card.
Md. Code, Real Property § 12-202 — MD Code / Article grp / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

(a) (1) In addition to payment otherwise authorized, a displacing agency shall make an additional payment not in excess of $45,000 to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the real property.

(2) (i) The displacing agency may exceed the monetary limit stated in paragraph (1) of this subsection on a case–by–case basis if it determines that comparable housing cannot otherwise be made available within the limit; or

(ii) The displacing agency may use any other measures necessary to remedy the unavailability of comparable housing.

(b) The additional payments shall include the following elements:

(1) Any amount which when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling as defined in § 12–201(d) of this subtitle.

(2) Any amount which will compensate the displaced person for any increased interest costs and other debt service costs which the person is required to pay for financing the acquisition of any comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days prior to the initiation of negotiations for the acquisition of the dwelling. The method of calculation shall be determined by the lead agency.

(3) Reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
Md. Code, Commercial Law § 12-619 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-619
§12–619.
Status: in_force

(a) The holder of an installment sale agreement on which the finance charge is computed in advance may:

(1) By agreement with the buyer, extend the scheduled due date or defer the scheduled payment of all or part of the installments payable under it; and

(2) Charge the buyer an extension or deferral charge.

(b) The extension or deferral charge may not exceed an amount equal to 1 percent per month of the amount extended or deferred for the period of extension or deferral.

(c) The period of extension or deferral may not exceed the period from the date when the extended or deferred amount would have been payable in the absence of the extension or deferral to the date when the amount is made payable under the agreement of extension or deferral.
Md. Code, Real Property § 12-204 — MD Code / Article grp / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) In addition to amounts otherwise authorized by this title and Title 8 of the Transportation Article, the displacing agency shall make a payment to or for any displaced person displaced from any dwelling and not eligible to receive a payment under § 12–202 of this subtitle, if the dwelling actually and lawfully was occupied by the displaced person for not less than 90 days before the initiation of negotiations for acquisition of the dwelling or in any case in which displacement is not a direct result of acquisition, such other activity as the lead agency shall prescribe.

(b) (1) (i) The payment shall be the amount necessary to enable the person to lease or rent for a period not to exceed 42 months, a comparable replacement dwelling, but not to exceed $10,500.

(ii) At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments.

(iii) Computation of a payment under this subsection to a low income displaced person for a comparable replacement dwelling shall take into account such person’s income.

(2) (i) If the displacing agency determines that comparable housing cannot otherwise be made available within this limit, the monetary limit stated in paragraph (1) of this subsection may be exceeded on a case–by–case basis.

(ii) The displacing agency may use any other measures necessary to remedy unavailability of comparable housing as prescribed by the lead agency.

(c) (1) Any person eligible for a payment under subsection (a) of this section may elect to apply the payment to a down payment on, and other incidental expenses applicable to, the purchase of a decent, safe, and sanitary replacement dwelling.

(2) At the discretion of the displacing agency, that person may be eligible under this subsection for the maximum payment allowed under subsection (a) of this section, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately before the initiation of negotiations for the acquisition of the dwelling, the payment may not exceed the payment the person would otherwise have received under § 12–202 of this subtitle had the person owned and occupied the displacement dwelling 180 days immediately before the initiation of the negotiations.
Md. Code, Commercial Law § 12-913.2 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-913.2
§12–913.
Status: in_force

§12–913.2.

(a) The credit grantor shall deliver a copy of the agreement governing the plan to the borrower no later than 30 days after the credit grantor establishes the account governed by the agreement for the borrower’s use.

(b) If there is more than one borrower, a copy of the agreement governing the plan may be delivered to any borrower who is primarily liable on the account.

(c) Written acknowledgment by a borrower of delivery in accordance with this section of a copy of the agreement governing the plan is conclusive proof of delivery as between the borrower and any assignee of the account established under the plan without actual knowledge to the contrary.
Md. Code, Commercial Law § 12-634 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-634
§12–634.
Status: in_force

(a) A sales finance company may charge the buyer for a renewal, extension, or refund made under § 12-632 of this subtitle, an amount not exceeding an annual effective rate of simple interest, as defined in Subtitle 1 of this title, of 15 percent per annum on the balances outstanding from time to time of the extended principal, from the date of the renewal, extension, or refund to the date set for the final payment.

(b) The extended principal may not exceed the aggregate amount of the unpaid portion of the time balance under the agreement, any delinquency charges lawfully payable, and any amount of cash actually refunded to the buyer, less a credit for prepayment computed as if the unpaid portion of the time balance had been paid in full at the time of the renewal, extension, or refund.

(c) Notwithstanding the provisions of subsection (a) of this section, a sales finance company may charge an annual effective rate of simple interest of 24 percent on renewals or extensions on contracts made on or after July 1, 1982, on the balances outstanding from time to time.

(d) No sales finance company may charge the rates permitted by subsection (c) of this section unless the sales finance company complies with the limitations of §§ 12-610.1 and 12-610.2 of this subtitle and provided that such a renewal or extension agreement may not provide for a balloon payment.
Md. Code, Alcoholic Beverages and Cannabis § 12-1406 — MD Code / Article gab / Title 12 / Subtitle 14 / Section 12-1406
§12–1406.
Status: in_force

(a) In this section, “community association” means:

(1) a nonprofit association, corporation, or other organization that is:

(i) composed of residents of a community within which a nuisance is located;

(ii) operated exclusively for the promotion of social welfare and general neighborhood improvement and enhancement; and

(iii) exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code; or

(2) a nonprofit association, corporation, or other organization that is:

(i) composed of residents of a contiguous community that is defined by specific geographic boundaries, within which a nuisance is located;

(ii) operated for the promotion of the welfare, improvement, and enhancement of that community; and

(iii) in good standing with the State Department of Assessments and Taxation.

(b) If a community association and an applicant for the issuance or renewal of an alcoholic beverages license have entered into a memorandum of understanding that expressly acknowledges the authority of the Board under this article, the Board may make the issuance or renewal of the license conditional on the substantial compliance of the applicant with the memorandum of understanding.

(c) The existence of a memorandum of understanding does not affect any requirement of any individuals to file a protest under § 4–406 of this article or a complaint under § 4–603 of this article.
Md. Code, Commercial Law § 12-1110.1 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1110.1
§12–1110.
Status: in_force

§12–1110.1.

(a) A lessor may not bring a court action to recover property subject to a rental–purchase agreement until 15 days after the consumer has been sent notice of a default.

(b) Notice of default sent by certified mail to the consumer’s last known address constitutes notice.

(c) The notice shall include any amount the consumer must pay to reinstate the rental–purchase agreement, if applicable.
Md. Code, Public Safety § 12-1006 — MD Code / Article gps / Title 12 / Subtitle 10 / Section 12-1006
§12–1006.
Status: in_force

Within 90 days after the adoption of the MBRC and any subsequent amendments to the MBRC:

(1) the Maryland Department of Labor, the State Board of Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors, the State Board of Plumbing, the Commissioner of Labor and Industry, and the Board of Boiler Rules shall submit proposed amendments to their regulations to make the Mechanical Code, the State Plumbing Code, the Boiler Safety Code, and the Elevator Code consistent with the MBRC;

(2) the Department of State Police and the State Fire Prevention Commission shall submit proposed amendments to their regulations to make the State Fire Prevention Code consistent with the MBRC; and

(3) the Department shall submit proposed amendments to its regulations to make the Maryland Building Performance Standards, the Safety Glazing Code, the Energy Code, and the Maryland Accessibility Code consistent with the MBRC.
Md. Code, Health Occupations § 12-6B-13 — MD Code / Article gho / Title 12 / Subtitle 6B / Section 12-6B-13
§12–6B–13.
Status: in_force

(a) An individual may not obtain a pharmacy technician’s registration by making a false representation.

(b) On conviction of an individual for making a false representation to the Board in order to register as a pharmacy technician, the pharmacy technician’s registration is void.
Md. Code, Local Government § 12-517 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-517
§12–517.
Status: in_force

If a county road cannot be conveniently drained by drains along the road, to make drains on the property outside the road, the governing body of a county may:

(1) contract for a right–of–way on the property as authorized under § 12–513 of this subtitle; or

(2) acquire the necessary property through condemnation under Title 12 of the Real Property Article.
Md. Code, Alcoholic Beverages and Cannabis § 12-1804 — MD Code / Article gab / Title 12 / Subtitle 18 / Section 12-1804
§12–1804.
Status: in_force

(a) This section applies only to a license holder of a Class B beer, wine, and liquor license for use in a restaurant in the 46th Alcoholic Beverages District.

(b) A license holder shall file with a license renewal application:

(1) a statement that verifies average daily receipts; and

(2) an affidavit of a licensed certified public accountant that verifies compliance with § 12–903(c)(2)(ii)1 or (3)(iii) of this title.
Md. Code, Insurance § 12-105 — MD Code / Article gin / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

Without limitation of any right or defense of an insurer, the following acts by or on behalf of an insurer are not considered to be a waiver of a provision of a policy or of a defense of the insurer under the policy:

(1) acknowledging the receipt of notice of loss or claim under the policy;

(2) furnishing a form for:

(i) reporting a loss or claim;

(ii) giving information relating to a loss or claim; or

(iii) making proof of a loss;

(3) receiving or acknowledging receipt of a form or proof listed in item (2) of this section, completed or uncompleted;

(4) investigating a loss or claim under a policy; or

(5) engaging in negotiations toward settlement of a loss or claim.
Md. Code, Business Regulation § 12-212 — MD Code / Article gbr / Title 12 / Subtitle 2 / Section 12-212
§12–212.
Status: in_force

The Secretary shall inform each primary law enforcement unit of each license that is issued, renewed, changed to a new business location, denied, suspended, or revoked.
Md. Code, State Finance and Procurement § 12-205 — MD Code / Article gsf / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

(a) This section does not apply to a lease entered into on or before May 31, 1967, unless the lease is renewed after that date.

(b) An appropriation may not be obligated or spent for the lease of a building or part of a building to be occupied by the State or a unit of the State government for a State purpose at an annual rent that exceeds 15% of the fair market value of the leased premises on the date of the lease.
Md. Code, Commercial Law § 12-404.1 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-404.1
§12–404.
Status: in_force

§12–404.1.

Notwithstanding the provisions of §§ 12-404, 12-405(a), and 12-411 of this subtitle, a lender may impose and collect, as a condition of making a loan, all fees, discounts, points, or other charges that lenders are permitted or required to impose, collect, or pay pursuant to a federal law providing for a program of mortgage purchases or loans originated pursuant to a State or local governmental program of direct lending or mortgage purchase, or by any federal agency or instrumentality or subsidiary thereof, including but not limited to the Government National Mortgage Association, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Reserve Bank, the Federal Home Loan Bank, and the Farmers Home Administration, if the following conditions are met:

(1) The loan is eligible for purchase pursuant to a commitment or offer to purchase by the federal, State, or local government agency, instrumentality, or subsidiary; and

(2) (i) The sum of the fees, discounts, points, or other charges imposed plus the interest rate on the loan does not exceed 24 percent; and

(ii) The fees, discounts, points, or other charges imposed and the interest rate on the loan do not exceed those allowed by the applicable federal law providing for the mortgage purchase program.
Md. Code, Commercial Law § 12-1401 — MD Code / Article gcl / Title 12 / Subtitle 14 / Section 12-1401
§12–1401.
Status: in_force

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

(b) (1) “Credit card processor” means a person that processes credit card or electronic commerce transactions on behalf of a business entity for a fee.

(2) “Credit card processor” includes:

(i) A merchant services provider;

(ii) A financial institution;

(iii) An independent sales organization; and

(iv) Any subsidiary or affiliate of an entity listed in items (i) through (iii) of this paragraph.

(c) “Merchant processing agreement” means a contract between a credit card processor and a business entity under which the business entity agrees to pay the credit card processor for processing credit card or electronic commerce transactions on behalf of the business entity.
Md. Code, Commercial Law § 12-1201 — MD Code / Article gcl / Title 12 / Subtitle 12 / Section 12-1201
§12–1201.
Status: in_force

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

(b) “Arranger of financing” means a person that:

(1) For a fee or other valuable consideration, whether received directly or indirectly, aids or assists a borrower in obtaining a reverse mortgage loan; and

(2) Is not named as the lender in the reverse mortgage loan agreement.

(c) “Borrower” means an individual who makes a loan application for or receives a reverse mortgage loan.

(d) “Counseling agency” means an entity approved by the U.S. Department of Housing and Urban Development to provide counseling regarding reverse mortgage loans.

(e) “Dwelling” has the meaning stated in § 11–501 of the Financial Institutions Article.

(f) “Lender” means a person who makes a reverse mortgage loan.

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

(h) “Reverse mortgage loan” means a nonrecourse loan that:

(1) Is secured by the borrower’s principal dwelling;

(2) Provides the borrower with purchase money proceeds, a lump sum payment, periodic cash advances, a line of credit, or any combination of those payment plans based on the equity in or value of the borrower’s principal dwelling; and

(3) Requires no payment of principal or interest until the full loan becomes due and payable.
Md. Code, Education § 12-101 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

(a) In order to foster the development of a consolidated system of public higher education, to improve the quality of education, to extend its benefits and to encourage the economical use of the State’s resources, the University System of Maryland is established in accordance with the provisions of this title.

(b) (1) In this title the following words have the meanings indicated.

(2) “Board” or “Board of Regents” means the Board of Regents of the University System of Maryland.

(3) “Centers” or “institutes” means the following components of the System under the jurisdiction of the Board of Regents:

(i) University of Maryland Center for Environmental Science;

(ii) Cooperative Extension Service and the Agricultural Experiment Station;

(iii) Statewide Medical Education and Training System;

(iv) Fire and Rescue Institute;

(v) Center for Maryland Advanced Ventures;

(vi) University of Maryland Center for Economic and Entrepreneurship Development;

(vii) Universities at Shady Grove Regional Higher Education Center; and

(viii) Any other center, component, or institute established and operated by the System in accordance with its mission.

(4) “Chancellor” means the Chief Executive Officer of the University System of Maryland and the Chief of Staff for the Board of Regents.

(5) “Computer–based instructional technology” means computer hardware or software used by faculty and students in the delivery of the instructional program.

(6) “Constituent institutions”, “institutions”, or “campuses” means the following public senior higher education institutions under the jurisdiction of the Board of Regents:

(i) University of Maryland, which is a strategic partnership between the following two distinct campuses within the University System of Maryland:

1. The University of Maryland, Baltimore Campus; and

2. The University of Maryland, College Park Campus;

(ii) University of Maryland Baltimore County;

(iii) University of Maryland Eastern Shore;

(iv) University of Maryland Global Campus;

(v) Bowie State University;

(vi) Coppin State University;

(vii) Frostburg State University;

(viii) Salisbury University;

(ix) Towson University; and

(x) University of Baltimore.

(7) “President” means the Chief Executive Officer of a constituent institution of the University System of Maryland.

(8) “Quasi–endowment funds” means funds that the University System of Maryland retains and manages in the same manner as an endowment.

(9) “Technology” means the latest state–of–the–art technology products and services, including:

(i) Copper and fiber optic transmission;

(ii) Computer;

(iii) Video and audio laser and CD–ROM discs;

(iv) Video and audio tapes or other technologies; and

(v) Technology used for online learning.

(10) “University” or “University of Maryland System” means the University System of Maryland.
Md. Code, Commercial Law § 12-918 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-918
§12–918.
Status: in_force

(a) (1) In this subsection, “notice” means the first to occur of the following:

(i) When the credit grantor receives a written notice from the borrower notifying the credit grantor of an error or violation;

(ii) When the credit grantor receives a written notice from the Commissioner of Financial Regulation or the appropriate regulatory authority notifying the credit grantor of an error or violation; or

(iii) When the credit grantor receives service of process in a civil action for an error or violation instituted by the borrower in a court of competent jurisdiction.

(2) Except for a bona fide error of computation, if a credit grantor violates any provision of this subtitle the credit grantor may collect only the principal amount of credit extended and may not collect any interest, costs, fees, or other charges with respect to the credit extension.

(3) The penalty provided under paragraph (2) of this subsection does not apply where a credit grantor:

(i) Unintentionally and in good faith fails to comply with § 12-903, § 12-904, § 12-905, § 12-910, § 12-911, § 12-913.2, § 12-923(d), or § 12-924 of this subtitle; and

(ii) Corrects the error or violation and makes the borrower whole for all losses, including reasonable attorney’s fees and interests, where appropriate, within 10 days after the credit grantor receives notice of the error or violation.

(4) The burden shall be on the credit grantor to show that the credit grantor’s failure to comply with § 12-903, § 12-904, § 12-905, § 12-910, § 12-911, § 12-913.2, § 12-923(d), or § 12-924 of this subtitle was unintentional and in good faith.

(b) A credit grantor who knowingly violates any provision of this subtitle shall forfeit to the borrower 3 times the amount of interest, fees, and charges collected in excess of that authorized by this subtitle.
Md. Code, Financial Institutions § 12-430.1 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-430.1
§12–430.
Status: in_force

§12–430.1.

(a) (1) Notwithstanding Title 4, Subtitles 1 through 5 of the General Provisions Article, and subject to § 12–408.1 of this subtitle, the Commissioner shall report adjudicated enforcement actions against a money transmitter or its authorized delegate and other relevant information to NMLS.

(2) The Commissioner shall adopt regulations establishing a process by which a licensee or an applicant for a license may challenge information entered by the Commissioner into NMLS.

(b) The Commissioner may submit to NMLS information regarding enforcement actions against money transmitters who are not licensees or authorized delegates.
Md. Code, Alcoholic Beverages and Cannabis § 12-801 — MD Code / Article gab / Title 12 / Subtitle 8 / Section 12-801
§12–801.
Status: in_force

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

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

(2) The license holder shall sell the beer and light wine in a sealed package or container.

(3) The package or container may not be opened and its contents may not be consumed on the premises where the beer or light wine is sold.

(c) The annual license fee is $171.
Md. Code, Public Safety § 12-401 — MD Code / Article gps / Title 12 / Subtitle 4 / Section 12-401
§12–401.
Status: in_force

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

(b) “ANSI Standard” means the American National Standards Institute Standard ANSI z 97.1 – 1984, as adopted most recently by the Department in the Maryland Building Performance Standards.

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

(d) “Fixed glazed panel immediately adjacent to an entrance or exit door” means the first fixed glazed panel that:

(1) is beside an entrance or exit door;

(2) has a glazing less than 18 inches from the finished floor or the least dimension of which is 18 inches or more; and

(3) may be mistaken as a means of egress or ingress.

(e) (1) “Hazardous location” means a place for a door, panel, enclosure, or other element, that is glazed or to be glazed, in a residential, industrial, commercial, institutional, or public building where the use of material other than safety glazing material constitutes an unreasonable hazard.

(2) “Hazardous location” includes a place for a framed or unframed exit door, a storm door except an operating vent on a jalousie door, a fixed or moving sliding door, a shower door, a tub enclosure, a fixed glazed panel immediately adjacent to an entrance or exit door, and any other element, that is glazed or to be glazed, whether or not the glazing is transparent.

(f) (1) “Safety glazing material” means glazing material that:

(i) is constructed, treated, or combined with other materials to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material; and

(ii) meets the test requirements of the ANSI Standard.

(2) “Safety glazing material” includes tempered glass, laminated glass, wire glass, or rigid plastic.
Md. Code, Environment § 12-504 — MD Code / Article gen / Title 12 / Subtitle 5 / Section 12-504
§12–504.
Status: in_force

(a) A person or municipal or private corporation that violates any provision of this title or any rule or regulation adopted under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25 for each day of violation.

(b) Each day of employment in violation of this title or of any rule or regulation adopted under this title is a separate offense.
Md. Code, Transportation § 12-301 — MD Code / Article gtr / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: reserved

(a) On application, the Administration shall issue an identification card to any applicant who:

(1) Is a resident of this State;

(2) Does not have a driver’s license;

(3) Presents a birth certificate or other proof of age and identity acceptable to the Administration;

(4) Provides satisfactory documentary evidence that the applicant has lawful status;

(5) (i) Provides satisfactory documentary evidence that the applicant has a valid Social Security number by presenting the applicant’s Social Security Administration account card or, if the Social Security Administration account card is not available, any of the following documents bearing the applicant’s Social Security number:

1. A current W–2 form;

2. A current SSA–1099 form;

3. A current non–SSA–1099 form; or

4. A current pay stub with the applicant’s name and Social Security number on it; or

(ii) Provides satisfactory documentary evidence that the applicant is not eligible for a Social Security number; and

(6) Presents a completed application for an identification card on a form furnished by the Administration.

(b) (1) Except as provided in paragraph (2) of this subsection, the Administration shall establish a fee for the issuance of an identification card and for issuance of a duplicate identification card.

(2) A fee is not required if the applicant for the card:

(i) Is 65 years old or older;

(ii) Is legally blind;

(iii) Has permanently lost the use of a leg or an arm;

(iv) Is permanently disabled so severely that the applicant cannot move without the aid of crutches or a wheelchair;

(v) Has a physical or mental impairment that substantially limits a “major life activity” as defined in the federal Americans with Disabilities Act;

(vi) Presents documentation showing that the applicant was released from a correctional facility within the prior 60 days;

(vii) Presents documentation showing that the applicant is a youth under the care of the Department of Juvenile Services;

(viii) Presents documentation showing that the applicant is a youth between 15 and 20 years of age, inclusive, who is a participant in a Department of Human Services program, as approved by the Administration;

(ix) Presents documentation showing that the applicant is currently homeless;

(x) Presents documentation showing that the applicant is currently under the care of the Maryland Department of Health; or

(xi) Presents documentation showing that the applicant is participating in another program administered by a State agency that requires the applicant to possess an identification card.

(c) A person may not commit any fraud in applying for an identification card issued under this section.

(d) A person may not commit any misrepresentation in applying for an identification card issued under this section.

(e) A person may not commit any fraud in using an identification card issued under this section.

(f) A person may not make any misrepresentation in using an identification card issued under this section.

(g) (1) An identification card shall be:

(i) Of the size and design that the Administration requires; and

(ii) Tamperproof, to the extent possible.

(2) The card shall contain:

(i) The name and address of the applicant;

(ii) The birth date of the applicant;

(iii) The sex of the applicant;

(iv) A description of the applicant;

(v) A color photograph of the applicant taken by the procedure that the Administration requires;

(vi) The expiration date of the identification card;

(vii) The signature of the applicant; and

(viii) The signature and seal of the issuing agent.

(h) An identification card may be used as legal identification of the individual to whom it is issued for any purpose.

(i) (1) Subject to paragraphs (2) through (4) of this subsection, an identification card issued to an applicant expires at the end of a period of not more than 8 years determined in regulations adopted by the Administration.

(2) Before the expiration of an identification card, if an individual does not possess all of the documents required for renewal, the Administration may extend the individual’s identification card for a period not to exceed 90 days.

(3) (i) If an applicant has temporary lawful status, the Administration may not issue an identification card to the applicant for a period that extends beyond the expiration date of the applicant’s authorized stay in the United States or, if there is no expiration date, for a period longer than 1 year.

(ii) Nothing contained in this paragraph may be construed to allow the issuance of an identification card for a period longer than the period described in paragraph (1) of this subsection.

(iii) The Administration shall indicate on the face and in the machine–readable zone of a temporary identification card issued under this paragraph that the card is a temporary identification card.

(4) (i) Notwithstanding any other provision of this section, the Administration may issue a temporary renewal for an identification card that extends the expiration date for a period not exceeding 2 years for an applicant who:

1. Has the documentation required by federal law, as enumerated in subsection (a)(4) and (5) of this section, on file with the Administration;

2. Has a photograph on file with the Administration that will not be 16 years old or older by the expiration date of the temporary renewal; and

3. Has an identification card that was issued for the full term under paragraph (1) of this subsection.

(ii) The Administration may make temporary renewal of an identification card available to:

1. An active service member or a spouse or dependent of the active service member;

2. A member of the Foreign Service of the United States or a spouse or dependent of the member;

3. A resident of the State who is a student studying outside the State;

4. A resident of the State who is temporarily residing outside the State for at least 6 months;

5. A resident of the State who holds an identification card that would have otherwise expired during a state of emergency declared by the Governor; or

6. Any other resident of the State who meets any requirements approved by the Administration.

(iii) The Administration shall adopt regulations to carry out this paragraph.

(5) An identification card may be renewed on application and payment of the fee required by this section.

(j) The identification card shall be surrendered by the holder upon being issued a Maryland driver’s license.

(k) The Administrator may issue an identification card to an applicant:

(1) Whose privilege to drive has been refused, canceled, suspended, or revoked; or

(2) Who has been issued a temporary license under § 16–205.1(b)(3)(iii) of this article.

(l) (1) The Administration may cancel an identification card issued under this section if the Administration determines that the holder of the identification card:

(i) Was not entitled to be issued the identification card;

(ii) Failed to provide accurate or required information in the application for the identification card;

(iii) Fraudulently applied for or obtained the identification card; or

(iv) Is otherwise in violation of subsection (c), (d), (e), or (f) of this section.

(2) If the Administration cancels an identification card under paragraph (1) of this subsection, the holder of the identification card immediately shall surrender the canceled identification card to the Administration.

(m) (1) A person convicted of a violation of subsection (c) or (d) of this section is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

(2) A person convicted of a violation of subsection (e) or (f) of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
Md. Code, Financial Institutions § 12-917 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-917
§12–917.
Status: in_force

(a) Within 2 business days after receipt, a licensee shall deposit, in a trust account established for the benefit of consumers, any funds paid to the licensee by or on behalf of a consumer for disbursement to the consumer’s creditors.

(b) A licensee shall:

(1) Maintain separate records of account for each consumer to whom the licensee is providing debt management services;

(2) Disburse any funds paid by or on behalf of a consumer to the consumer’s creditors within 8 business days after receipt of the funds; and

(3) (i) Correct any misdirected payments resulting from an error by the licensee; and

(ii) Reimburse the consumer for any actual fees or other charges imposed by a creditor as a result of the misdirection.

(c) A licensee may not commingle any trust account established for the benefit of consumers with any operating accounts of the licensee.
Md. Code, Commercial Law § 12-1301 — MD Code / Article gcl / Title 12 / Subtitle 13 / Section 12-1301
§12–1301.
Status: in_force

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

(b) “Borrower” has the meaning stated in § 11–501 of the Financial Institutions Article.

(c) “Home buyer education or housing counseling” means instruction on preparing for home ownership, shopping for a home, obtaining a mortgage, loan closing, and life as a homeowner.

(d) “Lender” means a person that makes a mortgage loan.

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

(f) “Secondary mortgage loan” means a mortgage loan secured by residential real property that is subject to the lien of one or more prior mortgage loans.
Md. Code, Commercial Law § 12-117 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-117
§12–117.
Status: in_force

With respect to any loan made at a rate pursuant to § 12–103(a) and (c) of this subtitle or § 12–404 of this title, the lender must comply with § 14–1302 of this article except that subsection (c) of § 14–1302 is not applicable.
Md. Code, Public Utilities § 12-302 — MD Code / Article gpu / Title 12 / Subtitle 3 / Section 12-302
§12–302.
Status: in_force

(a) The General Assembly finds that, in many areas of the State, landowners, cities, counties, municipal corporations, public agencies, and public utilities desire to convert existing overhead electric or communication facilities to underground locations through proceedings under this subtitle.

(b) The General Assembly declares that:

(1) a public purpose will be served by providing a procedure to convert existing overhead electric or communication facilities to underground locations; and

(2) it is in the public interest to provide for a conversion through proceedings established under this subtitle.
Md. Code, Financial Institutions § 12-931 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-931
§12–931.
Status: in_force

This subtitle may be cited as the Maryland Debt Management Services Act.
Md. Code, Public Safety § 12-838 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-838
§12–838.
Status: in_force

(a) Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board takes any final action under Part III of this subtitle, the Board shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
Md. Code, Housing and Community Development § 12-104 — MD Code / Article ghs / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

(a) In this section, “housing authority entity” means an entity:

(1) that is controlled or wholly owned by an authority; or

(2) in which an authority or an entity controlled or wholly owned by an authority has an ownership interest, either directly or indirectly, through one or more wholly or partially owned subsidiary entities.

(b) A nonprofit entity shall be deemed controlled by an authority under subsection (a) of this section if:

(1) the nonprofit entity is established by an authority under § 12–502(h) of this title; and

(2) the authority:

(i) has the power to appoint a majority of the board of directors of the nonprofit entity; or

(ii) is the sole member of the nonprofit entity.

(c) (1) In this subsection, “nonprofit housing corporation” means a nonprofit or charitable private corporation that provides safe and sanitary housing to persons of eligible income in such a way that the corporation works essentially like an authority under this Division II.

(2) Property is used for essential public and governmental purposes and is exempt from all taxes and special assessments of the State or a political subdivision if the property:

(i) belongs to an authority or a nonprofit housing corporation;

(ii) is used as housing for persons of eligible income and is owned in whole or in part, directly or indirectly, through one or more wholly or partially owned subsidiary entities of a housing authority entity; or

(iii) 1. is used, or if planned or under construction will be used, as housing for persons of eligible income and is owned in whole or in part, directly or indirectly, through one or more wholly or partially owned subsidiary entities of a housing authority entity; and

2. has improvements, or has improvements planned or under construction, located on land that is owned by:

A. an authority; or

B. an entity that is controlled or wholly owned by an authority.

(3) In lieu of those taxes and special assessments, an authority, a nonprofit housing corporation, or a housing authority entity shall pay the political subdivision in which a housing project is wholly or partly located an amount, if any, that may be set by mutual agreement and that does not exceed the amount of regular taxes levied on similar property.

(d) (1) Except as provided in paragraph (2) or (3) of this subsection:

(i) all real property of an authority is exempt from levy and sale by virtue of an execution;

(ii) an execution or other judicial process may not issue against the real property; and

(iii) a judgment against an authority is not a charge or lien on the authority’s real property.

(2) Paragraph (1) of this subsection does not limit a right to foreclose or otherwise enforce:

(i) a mortgage or deed of trust recorded against property of an authority; or

(ii) a pledge or lien given by an authority on its rents, fees, or revenues.

(3) This subsection does not deprive a political subdivision of its right to collect money agreed to be paid in lieu of taxes in the same manner as taxes are now or may be collected under State law and the laws of the political subdivision.
Md. Code, Insurance § 12-211 — MD Code / Article gin / Title 12 / Subtitle 2 / Section 12-211
§12–211.
Status: in_force

(a) In this section, “carrier” means:

(1) an insurer;

(2) a nonprofit health service plan; or

(3) a health maintenance organization.

(b) A health insurance policy, a life insurance policy, an annuity contract, a health maintenance organization contract, or a disability insurance policy may not be sold, delivered, or issued for delivery in the State by a carrier if the policy contains a clause that purports to reserve sole discretion to the carrier to interpret the terms of the policy or to provide standards of interpretation or review that are inconsistent with the laws of the State.
Md. Code, Health Occupations § 12-403 — MD Code / Article gho / Title 12 / Subtitle 4 / Section 12-403
§12–403.
Status: reserved

(a) This section does not apply to a licensed dentist who obtains a permit from the State Board of Dental Examiners under § 12–102(h) of this title.

(b) This section does not require a nonresident pharmacy to violate the laws or regulations of the state in which it is located.

(c) Except as otherwise provided in this section, a pharmacy for which a pharmacy permit has been issued under this title:

(1) Shall be operated in compliance with the law and with the rules and regulations of the Board;

(2) Shall be located and equipped so that the pharmacy may be operated without endangering the public health or safety;

(3) Shall ensure that a licensed pharmacist be immediately available on the premises to provide pharmacy services at all times the pharmacy is in operation;

(4) Shall be supervised by a licensed pharmacist who is responsible for the operations of the pharmacy at all times the pharmacy is in operation;

(5) Shall provide complete pharmaceutical service by preparing and dispensing all prescriptions that reasonably may be expected of a pharmacist;

(6) Shall provide services to the general public and may not restrict or limit its services to any group of individuals unless granted a waiver from this requirement by the Board;

(7) May not offer pharmaceutical services under any term or condition that tends to interfere with or impair the free and complete exercise of professional pharmaceutical judgment or skill;

(8) May not make any agreement that denies a patient a free choice of pharmacist or pharmacy services;

(9) May not participate in any activity that is a ground for Board action against a licensed pharmacist under § 12–313 of this title, a registered pharmacy technician under § 12–6B–09 of this title, or a registered pharmacy intern under § 12–6D–11 of this title;

(10) (i) Shall maintain at all times a current reference library that is appropriate to meet the needs of:

1. The practice specialty of that pharmacy; and

2. The consumers the pharmacy serves; and

(ii) Shall comply with any regulations adopted by the Board establishing the types of texts required to be included in the reference libraries in each of the various practice specialty pharmacies;

(11) (i) Shall maintain at all times the minimum professional and technical equipment and sanitary appliances that are necessary in a pharmacy:

1. To prepare and dispense prescriptions properly; and

2. To otherwise operate a pharmacy; and

(ii) Shall:

1. Be equipped with the minimum equipment and appliances specified by the Board under this section; and

2. Be kept in a clean and orderly manner;

(12) Shall store all prescription or nonprescription drugs or devices properly and safely subject to the rules and regulations adopted by the Board;

(13) Shall:

(i) Make and keep on file for at least 5 years a record of each prescription prepared or dispensed in the pharmacy;

(ii) Disclose the records and files maintained of prescriptions for drugs or devices that identify or may be readily associated with the identity of a patient only in accordance with the provisions of Title 4, Subtitle 3 of the Health – General Article; and

(iii) Keep additional records as required by the rules and regulations adopted by the Board;

(14) Except as otherwise provided under federal law, shall establish and maintain mechanisms to ensure that all prescription drugs or devices used within institutions that provide acute, subacute, or long–term care, or within their related corporate subsidiaries, but stored outside a pharmacy, are stored properly and safely, subject to rules and regulations adopted by the Board and policies established by the institution;

(15) Shall provide such personnel, automation, and technology as are necessary to allow the licensed pharmacist employee sufficient time to utilize the pharmacist’s knowledge and training and to perform competently the functions of a licensed pharmacist as required by law;

(16) Shall provide such personnel, automation, and technology as are necessary to comply with the labeling requirements specified in § 12–505 of this title;

(17) With regard to a prescription drug that is delivered in this State by the United States mail, a common carrier, or a delivery service and is not personally hand delivered directly to a patient or to the agent of the patient at the residence of the patient or at another location designated by the patient, shall:

(i) Provide a general written notice in each shipment of a prescription drug that alerts a consumer that, under certain circumstances, a medication’s effectiveness may be affected by exposure to extremes of heat, cold, or humidity; and

(ii) Provide a specific written notice in each shipment of a prescription drug that provides a consumer with a toll–free or local consumer access telephone number accessible during regular hours of operation, which is designed to respond to consumer questions pertaining to medications;

(18) (i) May maintain a record log of any prescription that is requested to be filled or refilled by a patient in accordance with the provisions of Title 4, Subtitle 3 of the Health – General Article;

(ii) If the prescription record of a patient includes the patient’s Social Security number, shall keep the Social Security number confidential;

(iii) May not list in the record log the type of illness, disability, or condition that is the basis of any dispensing or distribution of a drug by a pharmacist; and

(iv) May not list a patient’s Social Security number, illness, disability, or condition, or the name and type of drug received in the record log if the log is available to other pharmacy customers;

(19) May not allow an unauthorized individual to represent that the individual is a pharmacist, a registered pharmacy intern, or registered pharmacy technician;

(20) Shall provide information regarding the process for resolving incorrectly filled prescriptions in accordance with existing regulations by:

(i) Posting a sign that is conspicuously positioned and readable by consumers at the point where prescription drugs are dispensed to consumers; or

(ii) Including written information regarding the process with each prescription dispensed;

(21) Shall dispense or dispose of prescription drugs or medical supplies in accordance with Title 15, Subtitle 6 of the Health – General Article;

(22) (i) May provide to an ophthalmologist for office use, without a patient–specific prescription:

1. Compound antibiotics for the emergency treatment of bacterial endophthalmitis or viral retinitis; and

2. Compound antivascular endothelial growth factor agents for the emergency treatment of neovascular glaucoma, wet macular degeneration, or macular edema; and

(ii) Shall require the ophthalmologist to inform the pharmacy of the identity of any patient to whom the drugs are administered; and

(23) Subject to § 12–510 of this title, may provide compounded nonsterile preparations or compounded sterile preparations without a patient–specific prescription to a licensed veterinarian who intends to dispense the compounded nonsterile preparations or compounded sterile preparations in accordance with § 2–313(c) of the Agriculture Article.

(d) (1) The Board may waive any of the requirements of this section for a school of pharmacy located in the State, accredited by the Accreditation Council for Pharmacy Education (ACPE), for nuclear pharmacy and dental pharmacy experimental and teaching programs.

(2) The Board may waive the requirements of subsection (c)(5) and (6) of this section for pharmacies that are engaged in pharmaceutical specialties which are recognized by the Board under rules and regulations adopted by the Board.

(3) The Board may waive the requirements of subsection (c)(3) through (6) and (15) of this section for pharmacies that only dispense devices in accordance with rules and regulations adopted by the Board.

(4) The Board shall waive the requirements of subsection (c)(20) of this section for a pharmacy owned and operated by a hospital, nursing facility, or clinic to which the public does not have access to purchase pharmaceuticals on a retail basis.

(e) A nonresident pharmacy shall:

(1) Hold a pharmacy permit issued by the Board; and

(2) Have a pharmacist on staff who is:

(i) Licensed by the Board; and

(ii) Designated as the pharmacist responsible for providing pharmaceutical services to patients in the State.

(f) (1) In order to obtain a pharmacy permit from the Board, a nonresident pharmacy shall:

(i) Submit an application to the Board on the form that the Board requires;

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

(iii) Submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which the nonresident pharmacy is located;

(iv) On the required permit application, identify the name and current address of an agent located in this State officially designated to accept service of process; and

(v) If a nonresident pharmacy will dispense compounded sterile preparations to patients in the State, obtain and submit to the Board a report of an inspection that:

1. Demonstrates compliance with USP 797; and

2. Within 90 days before the date of application, is conducted by a Board designee or other entity approved by the Board.

(2) A nonresident pharmacy shall report a change in the name or address of the resident agent in writing to the Board 30 days prior to the change.

(g) Notwithstanding subsection (b) of this section, a nonresident pharmacy shall:

(1) Comply with the requirements of subsection (c)(2), (7) through (12), and (19) of this section when:

(i) Dispensing prescription drugs or prescription devices to a patient in this State; or

(ii) Otherwise engaging in the practice of pharmacy in this State;

(2) On an annual basis and within 30 days after a change of office, corporate officer, or pharmacist, disclose to the Board the location, names, and titles of all principal corporate officers and all pharmacists who are dispensing prescriptions for drugs or devices to persons in this State;

(3) Comply with all lawful directions and requests for information from the regulatory or licensing agency of the state in which it is located and all requests for information made by the Board pursuant to this section;

(4) Maintain at all times a valid, unexpired permit to conduct a pharmacy in compliance with the laws of the state in which it is located;

(5) Maintain its records of prescription drugs or devices dispensed to patients in this State so that the records are readily retrievable;

(6) During its regular hours of operation, but not less than 6 days a week, and for a minimum of 40 hours per week, provide toll–free telephone service to facilitate communication between patients in this State and a pharmacist or an individual who:

(i) Has access to the patient’s prescription records; and

(ii) Is required to refer patients in the State to the responsible pharmacist licensed in the State, as appropriate;

(7) Disclose its toll–free telephone number on a label affixed to each container of drugs or devices;

(8) Comply with the laws of this State relating to the confidentiality of prescription records if there are no laws relating to the confidentiality of prescription records in the state in which the nonresident pharmacy is located;

(9) Comply with the requirements of subsection (c)(17) and (20) of this section; and

(10) If dispensing compounded sterile preparations to patients in the State, comply with:

(i) USP 797; and

(ii) Regulations adopted by the Board governing the compounding of sterile preparations.

(h) Subject to the hearing provisions of § 12–411 of this subtitle, if a pharmacy or a nonresident pharmacy is operated in violation of this section, the Board may suspend the applicable pharmacy permit until the pharmacy complies with this section.

(i) The Board may waive the following requirements for nonresident pharmacies that only dispense devices in accordance with rules and regulations adopted by the Board:

(1) Subsections (e)(2) and (g)(6)(ii) of this section; and

(2) If not applicable, subsections (f)(1)(iii) and (g)(4) of this section.
Md. Code, Transportation § 12-101 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

There is a Motor Vehicle Administration in the Department.
Md. Code, Alcoholic Beverages and Cannabis § 12-701 — MD Code / Article gab / Title 12 / Subtitle 7 / Section 12-701
§12–701.
Status: in_force

A Class A light wine license may not be issued in the City.
Md. Code, Financial Institutions § 12-803 — MD Code / Article gfi / Title 12 / Subtitle 8 / Section 12-803
§12–803.
Status: in_force

(a) A financial institution shall keep a record of currency transactions in excess of $10,000 and shall file with the Department within 15 days of the date of the transaction pursuant to regulations adopted by the Secretary a complete report of currency transactions in excess of $10,000.

(b) The reporting requirements of this section are complied with if:

(1) A financial institution files with the Department a duplicate copy of the report required by 31 U.S.C. § 5313; or

(2) The information in the report required by 31 U.S.C. § 5313 is available to the Department from a federal agency.

(c) The Secretary shall adopt regulations to carry out the purposes of this subtitle and to provide for the exemption of transactions which are clearly of a legitimate nature and for which mandatory reporting would serve no useful purpose.

(d) A transaction that is exempt from reporting by a financial institution under federal law is also exempt from the reporting requirements of this subtitle.
Md. Code, State Government § 12-301 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

This subtitle does not apply to:

(1) the Public Service Commission;

(2) a local board of elections;

(3) the Baltimore City Board of School Commissioners or a county board of education; or

(4) any other county officer or unit.
Md. Code, Commercial Law § 12-1503 — MD Code / Article gcl / Title 12 / Subtitle 15 / Section 12-1503
§12–1503.
Status: in_force

(a) A provider of earned wage access shall:

(1) Develop and implement policies and procedures to respond to questions raised by consumers;

(2) Address complaints from consumers in an expedient manner;

(3) Whenever the provider offers a consumer the option to receive earned wage access services for a fee or solicits an optional tip, gratuity, or other donation, offer to the consumer at least one reasonable option to obtain earned wage access at no cost to the consumer;

(4) Clearly explain to a consumer how to elect a no–cost option described in item (3) of this subsection;

(5) Before entering into an agreement with a consumer for the provision of earned wage access services:

(i) Inform the consumer of the consumer’s rights under the agreement; and

(ii) Fully and clearly disclose all fees associated with the earned wage access services;

(6) Inform a consumer of any material changes to the terms and conditions of the earned wage access services before implementing those changes for that consumer;

(7) Allow a consumer to cancel use of the provider’s earned wage access services at any time without incurring a cancellation fee imposed by the provider;

(8) Comply with all applicable local, State, and federal privacy and information security laws;

(9) If a provider solicits, charges, or receives a tip, gratuity, or other donation from a consumer:

(i) Set the default tip, if any, at zero;

(ii) Clearly and conspicuously disclose to the consumer immediately prior to each transaction that any tip paid by the consumer does not inure to the direct benefit of any specific employee of the provider or any other individual;

(iii) Clearly and conspicuously disclose to the consumer immediately prior to each transaction that a tip, gratuity, or other donation amount is optional and voluntary; and

(iv) Clearly and conspicuously disclose in the provider’s service contract with the consumer that:

1. Tips, gratuities, or other donations are voluntary; and

2. The offering of earned wage access services, including the amount of proceeds a consumer is eligible to request and the frequency with which proceeds are provided to a consumer, is not contingent on whether the consumer pays any tip, gratuity, or other donation or on the size of the tip, gratuity, or other donation;

(10) Provide proceeds to a consumer by any means mutually agreed upon by the consumer and the provider; and

(11) Except as provided in subsection (b) of this section, if the provider will seek repayment of outstanding proceeds or payment of fees or other amounts owed or incurred, including voluntary tips, gratuities, or other donations, from a consumer’s account at a bank in connection with earned wage access services covered by this subtitle, including by means of electric fund transfer:

(i) Comply with the federal Electronic Fund Transfer Act and regulations adopted to implement the Act; and

(ii) Reimburse the consumer within 5 business days for the full amount of any overdraft or nonsufficient fund fees imposed on a consumer by the consumer’s bank that were caused by the provider attempting to seek repayment of any outstanding proceeds or payment of fees, tips, gratuities, or other donations in connection with earned wage access services covered by this subtitle.

(b) Subsection (a)(11) of this section does not apply to a provider seeking repayment of outstanding proceeds or payment of fees or other amounts owed that were received or incurred by a consumer through fraudulent or other unlawful means.
Md. Code, Tax - Property § 12-108 — MD Code / Article gtp / Title 12 / Subtitle 1 / Section 12-108
§12–108.
Status: reserved

(a) (1) Except as provided in paragraph (2) of this subsection, an instrument of writing is not subject to recordation tax, if the instrument of writing transfers property to or grants a security interest to:

(i) the United States;

(ii) the State;

(iii) an agency of the State; or

(iv) a political subdivision in the State.

(2) The Mayor and City Council of Baltimore City or the governing body of a county may impose, by law, the recordation tax uniformly on all instruments of writing that secure repayment of debt created by the sale of bonds authorized under Title 12, Subtitle 1 of the Economic Development Article.

(b) A security agreement is not subject to recordation tax, if the security agreement is:

(1) on a vehicle and is perfected by filing with the Motor Vehicle Administration; or

(2) on a vessel and is perfected by filing with the Department of Natural Resources.

(c) (1) When property is transferred subject to a mortgage or deed of trust, the recordation tax does not apply to the principal amount of debt assumed by the transferee, if the instrument of writing transfers the property from the transferor to a:

(i) spouse or former spouse;

(ii) son, daughter, stepson, or stepdaughter;

(iii) parent or stepparent;

(iv) son–in–law, daughter–in–law, stepson–in–law, or stepdaughter–in–law;

(v) parent–in–law or stepparent–in–law;

(vi) brother, sister, stepbrother, or stepsister;

(vii) grandchild or stepgrandchild;

(viii) grandparent or stepgrandparent; or

(ix) domestic partner or former domestic partner.

(2) (i) To qualify as a domestic partner under this subsection, an individual shall submit evidence of a domestic partnership.

(ii) To qualify as a former domestic partner under this subsection, an individual shall submit evidence of dissolution of a domestic partnership.

(3) The exemption under paragraph (1) of this subsection for transfers to a domestic partner or former domestic partner of the transferor applies only to an instrument of writing for residential property.

(d) (1) An instrument of writing that transfers property between the following individuals is not subject to recordation tax:

(i) spouses or former spouses; or

(ii) domestic partners or former domestic partners.

(2) (i) To qualify as a domestic partner under this subsection, an individual shall submit evidence of a domestic partnership.

(ii) To qualify as a former domestic partner under this subsection, an individual shall submit evidence of dissolution of a domestic partnership.

(3) The exemption under paragraph (1) of this subsection for transfers between domestic partners or former domestic partners applies only to an instrument of writing for residential property.

(e) A supplemental instrument of writing is not subject to recordation tax except to the extent that:

(1) actual consideration is payable on the supplemental instrument of writing; or

(2) the amount of unpaid outstanding principal debt is increased by the supplemental instrument of writing.

(f) An instrument of writing previously recorded is not subject to recordation tax when the instrument or a counterpart is recorded in another county or in the same county.

(g) (1) In this subsection, “original mortgagor” includes:

(i) a person that assumed a debt secured by real property that the person purchased and paid the recordation tax on the consideration paid for the property;

(ii) a person that received the property from the original mortgagor under a deed that was exempt from recordation tax under subsection (p) or (y) of this section; and

(iii) the trustee of an inter vivos trust if the trustee or the settlor of the trust originally assumed or incurred the debt secured by the mortgage or deed of trust.

(2) A mortgage or deed of trust is not subject to recordation tax to the extent that it secures the refinancing of an amount not greater than the unpaid principal amount secured by an existing mortgage, indemnity mortgage, or deed of trust at the time of refinancing if the mortgage or deed of trust secures the refinancing of real property that is:

(i) being refinanced by the original mortgagor or by the original mortgagor and, if applicable, the spouse of the original mortgagor; or

(ii) being refinanced by the settlor of an inter vivos trust if the mortgage or deed of trust is given by a trustee of the trust.

(3) To qualify for an exemption under paragraph (2) of this subsection an original mortgagor or agent of the original mortgagor shall include a statement in the recitals or in the acknowledgment of the mortgage or deed of trust, or submit with the mortgage or deed of trust, an affidavit under oath, signed by the original mortgagor or agent of the original mortgagor, stating:

(i) that the person is the original mortgagor or agent of the original mortgagor; and

(ii) the amount of unpaid outstanding principal of the original mortgage, indemnity mortgage, or deed of trust that is being refinanced.

(4) A statement under paragraph (3) of this subsection by an agent of the original mortgagor shall state that the statement:

(i) is based on a diligent inquiry made by the agent with respect to the facts set forth in the statement; and

(ii) is true to the best of the knowledge, information, and belief of the agent.

(h) An instrument of writing of a mechanic’s lien or crop lien that relates to farm products or equipment used in farming operations is not subject to recordation tax.

(i) (1) In this subsection, “purchase money mortgage” or “purchase money deed of trust” means a mortgage or deed of trust that:

(i) is given by the transferee of real property with respect to the property purchased;

(ii) is delivered as part of the same transaction as the instrument of writing that transfers the property purchased and that is subject to the recordation tax;

(iii) recites on its face that it secures, in whole or in part, the purchase money for the property or otherwise recites on its face that it is a purchase money mortgage or purchase money deed of trust;

(iv) is fully executed within 30 days of the date that the instrument of writing transferring the property is fully executed; and

(v) is recorded no later than 30 days after the date that the instrument of writing transferring the property is duly recorded.

(2) For the purpose of this subsection, the date that an instrument is fully executed is the later of:

(i) the date of the last acknowledgment; or

(ii) the date on the instrument of writing.

(3) A purchase money mortgage or a purchase money deed of trust is not subject to recordation tax.

(j) An assignment of a mortgage or deed of trust is not subject to recordation tax.

(k) A security agreement filed or recorded under the Maryland Uniform Commercial Code is not subject to recordation tax:

(1) if it is filed or recorded:

(i) to perfect a security interest in inventory;

(ii) to perfect a security interest in contract rights, general intangibles, or accounts;

(iii) to perfect a security interest in farm products or in equipment used in farming operations;

(iv) to perfect a security interest taken or retained by a seller of collateral to secure all or part of its price; or

(v) to publicize a lease of goods or fixtures, provided that the security agreement states on its face that it does not create a security interest; or

(2) if it is filed or recorded with the Department under § 9–501(a)(2) of the Commercial Law Article.

(l) A judgment of a court is not subject to recordation tax.

(m) A release is not subject to recordation tax.

(n) An order of satisfaction is not subject to recordation tax.

(o) A participation agreement that shows an interest of a person in a note, mortgage, or deed of trust that is based on a previously recorded loan to the mortgagor or grantor under a deed of trust is not subject to recordation tax.

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

(ii) “Business entity” means a limited liability company, corporation, limited partnership, or statutory trust.

(iii) “Owner” means a member, stockholder, limited partner, or beneficial owner of a business entity.

(iv) “Ownership interest” means a membership interest, stock, limited partnership interest, or beneficial interest.

(2) An instrument of writing is not subject to recordation tax if the instrument of writing is:

(i) a transfer of title to real property between a parent business entity and its wholly owned subsidiary business entity or between 2 or more subsidiary business entities wholly owned by the same parent business entity, if the parent business entity is an original owner of the subsidiary business entity, or became an owner through gift or bequest from an original owner of the subsidiary business entity, for:

1. no consideration;

2. nominal consideration; or

3. consideration that comprises only the issuance, cancellation, or surrender of the ownership interests of a subsidiary business entity;

(ii) an instrument of writing made pursuant to the reorganization of a business entity as described in § 368(a) of the Internal Revenue Code; or

(iii) a transfer of title to real property from a subsidiary business entity to its parent business entity for no consideration, nominal consideration or consideration that comprises only the issuance, cancellation, or surrender of a subsidiary’s ownership interest, where the parent business entity:

1. previously owned the real property;

2. currently owns the ownership interest of the subsidiary and has owned that ownership interest for a period greater than 18 months; or

3. acquires the ownership interest of a subsidiary business entity which has been in existence and has owned the real property for a period of 2 years.

(q) An instrument of writing that transfers real property from a corporation, limited liability company, or partnership on its liquidation, dissolution, or termination is not subject to recordation tax, if the transferee is:

(1) an original stockholder of the corporation, an original member of the limited liability company, or an original partner of the partnership;

(2) a direct descendant or relative within 2 degrees of an original stockholder of the corporation, an original member of the limited liability company, or an original partner of the partnership counting by the civil law method; or

(3) a stockholder, member, or partner who became a stockholder, member, or partner through gift or bequest from an original stockholder of the corporation, an original member of the limited liability company, or an original partner of the partnership.

(r) A land installment contract described in § 10–101(c) of the Real Property Article is not subject to recordation tax.

(s) An option agreement for the purchase of real property is not subject to recordation tax.

(t) A deed conveying title to real property is not subject to recordation tax if recordation tax was paid on a prior contract of sale between the same parties for the real property.

(u) A lease of 7 years or less, which is not required to be recorded under § 3–101 of the Real Property Article, is not subject to recordation tax.

(v) Articles of merger or other document which evidences a merger of foreign corporations are not subject to recordation tax if there is a transfer of real property:

(1) from a parent corporation to its subsidiary corporation;

(2) from a subsidiary corporation to its parent corporation where the parent corporation:

(i) previously owned the real property;

(ii) owns the stock of the subsidiary and has owned that stock for a period greater than 18 months; or

(iii) acquires the stock of a subsidiary corporation which has been in existence and has owned the real property for a period of 2 years; or

(3) from a corporation merging out of existence to its successor corporation where recordation tax and, if then required to have been paid, transfer tax were paid when the corporation merging out of existence acquired title to the real property.

(w) Articles of consolidation or other documents that evidence a consolidation of foreign corporations are not subject to recordation tax if recordation tax and, if then required to have been paid, transfer tax were paid when the corporation consolidating to form a new corporation acquired title to the real property.

(x) (1) Except as provided in this subsection, an instrument of writing that transfers real property from a cooperative housing corporation on its termination to an owner of a cooperative interest in the cooperative housing corporation is not subject to recordation tax if the cooperative housing corporation consists of single residential units and was established on or before January 1, 1970.

(2) The exemption under paragraph (1) of this subsection does not apply to:

(i) the conversion of a cooperative housing corporation to a condominium regime; or

(ii) the transfer of property to a person who:

1. does not occupy the property transferred; or

2. has received the credit allowed under this section for another property transferred as part of the same corporate termination.

(3) The exemption under paragraph (1) of this subsection shall apply only in a county that:

(i) does not levy a county property transfer tax; or

(ii) has, by law, adopted an exemption from any local transfer tax for property as described in this subsection.

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

(ii) “Foreign general partnership”, “foreign limited partnership”, “foreign limited liability partnership”, “foreign limited liability limited partnership”, and “foreign joint venture” mean, respectively, a partnership, limited partnership, limited liability partnership, limited liability limited partnership, or joint venture organized or formed under the laws of the United States, another state of the United States, or a territory, possession, or district of the United States.

(iii) “Predecessor entity” includes a:

1. Maryland general partnership or foreign general partnership;

2. Maryland limited partnership or foreign limited partnership;

3. Maryland limited liability partnership or foreign limited liability partnership;

4. Maryland limited liability limited partnership or foreign limited liability limited partnership;

5. Maryland joint venture or foreign joint venture; and

6. sole proprietorship.

(iv) “Sole proprietorship” includes an individual who owns an interest in real property in the individual’s name.

(2) An instrument of writing that transfers title to real property from a predecessor entity or a trustee or nominee of a predecessor entity to a limited liability company is not subject to recordation tax if:

(i) 1. the members of the limited liability company are identical to the partners of the converting general partnership, limited partnership, limited liability partnership, or limited liability limited partnership;

2. the members of the limited liability company are identical to the joint venturers of the converting joint venture; or

3. the sole member of the limited liability company is identical to the converting sole proprietor;

(ii) each member’s allocation of the profits and losses of the limited liability company is identical to that member’s allocation of the profits and losses of the converting predecessor entity; and

(iii) the instrument of writing that transfers title to real property represents the dissolution of the predecessor entity for purposes of conversion to a limited liability company.

(z) Expired.

(aa) An instrument of writing pursuant to which the Maryland Stadium Authority transfers title to, or creates a leasehold interest in, real property is not subject to recordation tax if the transferee or lessee is an Authority affiliate as defined in § 10–601 of the Economic Development Article.

(bb) (1) In this subsection, “real estate enterprise” means a business conducted by one or more individuals who own real property, including a sole proprietorship or a tenancy by the entirety, and are principally involved in buying, selling, leasing, or managing real property.

(2) An instrument of writing that transfers title to real property from the individual or individuals conducting a real estate enterprise to a limited liability company is not subject to recordation tax if:

(i) the transfer is for no consideration other than the issuance of membership interests in the limited liability company;

(ii) the members of the limited liability company are identical to the partners of the conveying real estate enterprise;

(iii) each member’s allocation of the profits and losses of the limited liability company is identical to that member’s allocation of the profits and losses of the conveying real estate enterprise;

(iv) the transfer is part of a discontinuation of the real estate enterprise; and

(v) all real property owned by the individuals and used in the conduct of any real estate enterprise is being conveyed to a single limited liability company.

(3) An individual’s other business interests unrelated to the real estate enterprise and unaffected by the title transfer to a limited liability company may not affect the individual’s ability to claim the exemption from the recordation tax described in this subsection.

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

(ii) “Conservation easement” means a restriction prohibiting or limiting the use of water or land areas, or any improvement or appurtenance thereto, described in § 2–118 of the Real Property Article.

(iii) “Land trust” means a qualified conservation organization that:

1. is a qualified organization under § 170(h)(3) of the Internal Revenue Code and regulations adopted under that section; and

2. has executed a cooperative agreement with the Maryland Environmental Trust.

(2) An instrument of writing conveying or assigning a conservation easement to a land trust is not subject to recordation tax.

(3) An instrument of writing conveying fee simple title to a land trust is not subject to recordation tax if the land trust files a declaration of intent that the land will be used:

(i) to assist in the preservation of a natural area;

(ii) for the environmental education of the public;

(iii) to conserve agricultural land and to promote continued agricultural use of the land;

(iv) generally to promote conservation; or

(v) for the maintenance of a natural area for public use or a sanctuary for wildlife.

(dd) An instrument of writing that transfers real property or an interest in real property from an estate is not subject to recordation tax as provided in § 9–105(c) of the Estates and Trusts Article.

(ee) An instrument of writing that transfers real property or an interest in real property to a trust or from a trust to one or more beneficiaries under the circumstances specified in § 14.5–1001 of the Estates and Trusts Article is not subject to recordation tax.

(ff) An instrument of writing that transfers residential real property from a certified community development financial institution to the immediately preceding mortgagor or grantor of the property under the circumstances specified in § 7–105.1 of the Real Property Article and a purchase money mortgage or purchase money deed of trust related to that transfer are not subject to recordation tax.

(gg) An instrument of writing that transfers residential real property is not subject to recordation tax if:

(1) the property is subject to a purchase money mortgage or purchase money deed of trust;

(2) the mortgagor filed a petition for bankruptcy under Title 11, Chapter 7 of the United States Code;

(3) the mortgagor filed with the bankruptcy court a statement of intention to surrender the property;

(4) the property was the principal residence of the mortgagor prior to the surrender of the property in bankruptcy; and

(5) the property is transferred from the mortgagor to the holder of the purchase money mortgage or purchase money deed of trust.

(hh) (1) In this subsection, “MJC Entities”, “Pimlico racing facility site”, “Pimlico site”, “project entities”, and “training facility site” have the meanings stated in § 10–601 of the Economic Development Article.

(2) An instrument of writing is not subject to recordation tax if the instrument of writing transfers or grants a security interest in property that is:

(i) located at or within the Pimlico racing facility site, Pimlico site, or training facility site and the transfer or grant is by any combination of project entities, MJC Entities, Baltimore City, or an entity designated by Baltimore City; or

(ii) the property identified as the Bowie Race Course Training Center under § 11–519 of the Business Regulation Article that is transferred by the owner of the property to a government entity.
Md. Code, Financial Institutions § 12-806 — MD Code / Article gfi / Title 12 / Subtitle 8 / Section 12-806
§12–806.
Status: in_force

If the information required by § 12-803(a) of this subtitle has been available to the Department from a federal agency, a financial institution may not be subject to the civil penalties provided for in this subtitle unless the financial institution has been notified by the Department that:

(1) The information is no longer available; and

(2) The financial institution is now required to provide the information to the Department.
Md. Code, Public Utilities § 12-108 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-108
§12–108.
Status: in_force

(a) From among its members, each year the Authority shall select a chair.

(b) Subject to subsection (c) of this section, the manner of selection of the chair and the chair’s term of office shall be as the Authority determines.

(c) A member may not serve more than 2 consecutive years as chair of the Authority.
Md. Code, Corporations and Associations § 12-808 — MD Code / Article gca / Title 12 / Subtitle 8 / Section 12-808
§12–808.
Status: in_force

Except in a proceeding by the State or any of its political subdivisions, the acceptance of a certificate of reinstatement for record by the Department is conclusive evidence of:

(1) The payment of all fees, taxes, unemployment insurance contributions, and reimbursement payments required to be paid;

(2) The filing of all reports required to be filed; and

(3) The reinstatement of the right of the statutory trust to do business in the State.
Md. Code, Business Occupations and Professions § 12-104 — MD Code / Article gbo / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

This title does not limit the right of an individual to practice well drilling if the individual is licensed or otherwise authorized under Title 13 of the Environment Article to practice well drilling.
Md. Code, Corporations and Associations § 12-302 — MD Code / Article gca / Title 12 / Subtitle 3 / Section 12-302
§12–302.
Status: in_force

(a) Except as provided in the governing instrument of a statutory trust, the beneficial owners shall be entitled to the same limitation of personal liability extended to stockholders of a Maryland corporation formed under Title 2 of this article.

(b) (1) Neither an obligation of a beneficial owner or trustee of a statutory trust to the statutory trust arising under the governing instrument or a separate agreement in writing, or a note, instrument, or other writing evidencing any such obligation of a beneficial owner or trustee, shall be subject to the defense of usury.

(2) A beneficial owner or trustee may not interpose the defense of usury with respect to any obligation identified in paragraph (1) of this subsection in any action.
Md. Code, Public Safety § 12-1207 — MD Code / Article gps / Title 12 / Subtitle 12 / Section 12-1207
§12–1207.
Status: in_force

(a) The Department may:

(1) develop a voluntary forum that may be used, on request of a local jurisdiction, to resolve conflicts that involve the Standards; and

(2) adopt regulations to carry out this subtitle.

(b) The Department:

(1) shall notify each local jurisdiction of each change to the International Swimming Pool and Spa Code and the impact the change will have on the local amendments in that local jurisdiction;

(2) may provide training for local swimming pool and spa officials on the Standards and certify the participation of local swimming pool and spa officials in the training;

(3) on request, shall provide a local jurisdiction with technical assistance to implement and enforce the Standards; and

(4) shall consult with the Maryland Department of Health on the implementation of the Standards in relation to the regulation of the operation and maintenance of swimming pools and spas.
Md. Code, Public Safety § 12-840 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-840
§12–840.
Status: in_force

(a) Except as otherwise provided in Part III of this subtitle, an individual may not perform, attempt to perform, or offer to perform elevator installation, repair, or maintenance work in the State unless licensed by the Board.

(b) Except as otherwise provided in Part III of this subtitle, an individual may not assist, attempt to assist, or offer to assist in performing elevator installation, repair, or maintenance work in the State unless licensed by the Board.

(c) Except as otherwise provided in Part III of this subtitle, an elevator contractor may not employ an elevator mechanic unless the elevator mechanic is licensed by the Board.
Md. Code, Transportation § 12-116 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-116
§12–116.
Status: in_force

If any person gives a check to the Administration to pay for any charge or for any other purpose and the check is not honored by the bank on which it is drawn, the Administration may impose a service charge to be retained by the Administration for the purpose of recovering check handling costs and shall not be credited to the Gasoline and Motor Vehicle Revenue Account for distribution under § 8-403 or § 8-404 of this article. This service charge shall be equal to the greater of:

(1) Not more than 10 percent of the amount of the check; or

(2) $25.
Md. Code, Corporations and Associations § 12-810 — MD Code / Article gca / Title 12 / Subtitle 8 / Section 12-810
§12–810.
Status: in_force

The forfeiture of the right to do business in the State and the right to the use of the name of the statutory trust under this title does not:

(1) Impair the validity of a contract entered into by the statutory trust or any act of the statutory trust before or after the forfeiture; or

(2) Prevent the statutory trust from defending any action, suit, or proceeding in a court of the State.
Md. Code, Local Government § 12-513 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-513
§12–513.
Status: in_force

(a) The governing body of a county may contract with a property owner for a right–of–way over land that is necessary for:

(1) the opening or altering of a road;

(2) a public wharf;

(3) drains for county roads; or

(4) other public uses.

(b) When the governing body of a county contracts for a right–of–way for a road under subsection (a) of this section, the governing body shall:

(1) have a licensed surveyor make a plat of the road;

(2) record the plat in the office of the clerk of the circuit court for the county in which the deed conveying the property is required to be recorded; and

(3) incorporate the plat into the deed conveying the property.
Md. Code, Commercial Law § 12-121 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-121
§12–121.
Status: in_force

(a) In this section, the term “lender’s inspection fee” means a fee imposed by a lender to pay for a visual inspection of real property.

(b) Except as provided in subsection (c) of this section, a lender may not impose a lender’s inspection fee in connection with a loan secured by residential real property.

(c) A lender’s inspection fee may be charged if the inspection is needed to ascertain completion of:

(1) Construction of a new home; or

(2) Repairs, alterations, or other work required by the lender.

(d) This section does not apply to an appraisal of the value of real property by a lender or to fees imposed in connection with an appraisal.
Md. Code, Courts and Judicial Proceedings § 12-303 — MD Code / Article gcj / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

A party may appeal from any of the following interlocutory orders entered by a circuit court in a civil case:

(1) An order entered with regard to the possession of property with which the action is concerned or with reference to the receipt or charging of the income, interest, or dividends therefrom, or the refusal to modify, dissolve, or discharge such an order;

(2) An order granting or denying a motion to quash a writ of attachment; and

(3) An order:

(i) Granting or dissolving an injunction, but if the appeal is from an order granting an injunction, only if the appellant has first filed his answer in the cause;

(ii) Refusing to dissolve an injunction, but only if the appellant has first filed his answer in the cause;

(iii) Refusing to grant an injunction; and the right of appeal is not prejudiced by the filing of an answer to the bill of complaint or petition for an injunction on behalf of any opposing party, nor by the taking of depositions in reference to the allegations of the bill of complaint to be read on the hearing of the application for an injunction;

(iv) Appointing a receiver but only if the appellant has first filed his answer in the cause;

(v) For the sale, conveyance, or delivery of real or personal property or the payment of money, or the refusal to rescind or discharge such an order, unless the delivery or payment is directed to be made to a receiver appointed by the court;

(vi) Determining a question of right between the parties and directing an account to be stated on the principle of such determination;

(vii) Requiring bond from a person to whom the distribution or delivery of property is directed, or withholding distribution or delivery and ordering the retention or accumulation of property by the fiduciary or its transfer to a trustee or receiver, or deferring the passage of the court’s decree in an action under Title 10, Chapter 600 of the Maryland Rules;

(viii) Deciding any question in an insolvency proceeding brought under Title 15, Subtitle 1 of the Commercial Law Article;

(ix) Granting a petition to stay arbitration pursuant to § 3–208 of this article;

(x) Depriving a parent, grandparent, or natural guardian of the care and custody of his child, or changing the terms of such an order;

(xi) Denying immunity asserted under § 5–525 or § 5–526 of this article; and

(xii) Denying a motion to dismiss a claim filed under § 5–117 of this article if the motion is based on a defense that the applicable statute of limitations or statute of repose bars the claim and any legislative action reviving the claim is unconstitutional.
Md. Code, Commercial Law § 12-625 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-625
§12–625.
Status: in_force

(a) For 15 days after the holder gives the notice required by § 12-624(d) of this subtitle, the holder shall retain any repossessed goods in the county where the goods were sold to the buyer or were repossessed.

(b) During the period provided for in subsection (a) of this section, the buyer may:

(1) Redeem and take possession of the goods; and

(2) Resume the performance of the agreement.

(c) To redeem the goods, the buyer shall:

(1) Tender the amount due under the agreement at the time of redemption, without giving effect to any provision which allows acceleration of any installment otherwise payable after that time;

(2) Tender performance of any other promise for the breach of which the goods were repossessed; and

(3) If the discretionary notice provided for in § 12-624(c) of this subtitle was given, pay the actual and reasonable expenses of retaking and storing the goods.

(d) This section does not apply if the goods were seized by a police department, bureau, or force and the goods were repossessed because of that seizure, in which event, the buyer shall have no right to redeem or take possession, even if the buyer tenders payment of the entire balance due under the agreement.

(e) Notwithstanding subsections (b) and (c) of this section:

(1) The holder shall have the right to require the buyer to tender payment of the entire balance due under the agreement if:

(i) The date of the default in the payments due under the agreement that led to the present repossession occurred within 18 months after the last repossession; or

(ii) The buyer was guilty of fraudulent conduct, intentionally and wrongfully concealed, removed, damaged, or destroyed the goods, or attempted to do so, and the goods were repossessed because of that conduct.

(2) Under paragraph (1) of this subsection, the payment by the buyer of the entire balance due under the agreement shall:

(i) Constitute redemption by the buyer; and

(ii) Entitle the buyer to take possession of the goods.
Md. Code, Economic Development § 12-812 — MD Code / Article gec / Title 12 / Subtitle 8 / Section 12-812
§12–812.
Status: in_force

Notwithstanding any other provision of this subtitle and to the extent not inconsistent with any constitutional or charter provision or any public general or public local law, the Authority, as provided by local law, may:

(1) receive and apply to the Authority’s corporate purposes and undertakings any grants, contributions, pledges, loans, or other amounts from the State, the county, the federal government, any other governmental unit, or any public or private entity or party; and

(2) to the extent not inconsistent with any contract, instrument, or law relating to a grant, a contribution, a pledge, a loan, or any other amount, pledge the receipts as security for any of the Authority’s bonds.
Md. Code, Local Government § 12-206 — MD Code / Article glg / Title 12 / Subtitle 2 / Section 12-206
§12–206.
Status: in_force

(a) The County Commissioners of Kent County may provide retirement funds for employees who reach retirement age before the establishment of a pension plan under § 12–201 of this subtitle.

(b) The County Commissioners of Kent County may include any official or employee of the Kent County Sheriff’s department in a pension plan or group insurance program established by the county commissioners.
Md. Code, Commercial Law § 12-412 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-412
§12–412.
Status: in_force

A lender may not make or offer to make any secondary mortgage loan except within the terms and conditions authorized by this subtitle.
Md. Code, Housing and Community Development § 12-502 — MD Code / Article ghs / Title 12 / Subtitle 5 / Section 12-502
§12–502.
Status: in_force

(a) In addition to any powers set forth elsewhere, an authority has the powers set forth in this section.

(b) An authority may:

(1) sue and be sued;

(2) have and alter a seal at pleasure;

(3) have perpetual existence;

(4) make contracts and other instruments necessary or convenient to the exercise of the authority’s powers;

(5) make, amend, and repeal bylaws, rules, and regulations not inconsistent with this Division II; and

(6) carry out the purposes of the authority.

(c) An authority may also:

(1) prepare, carry out, acquire, own, lease, and operate housing projects in its area of operation;

(2) provide for the construction, reconstruction, improvement, alteration, or repair of a housing project;

(3) provide directly or arrange or contract for a person or governmental unit to furnish facilities or services, including drug rehabilitation, elderly or child day care, and other social services for or in connection with:

(i) a housing project; or

(ii) the residents of a housing project; and

(4) notwithstanding any other law, require in a contract in connection with a housing project that the contractor and any subcontractors comply with:

(i) requirements about minimum wages and maximum hours of labor; and

(ii) any conditions that the State or federal government attaches to financial aid for the housing project.

(d) An authority may also:

(1) make rent subsidy payments to or on behalf of persons of eligible income;

(2) rent out houses, accommodations, lands, buildings, structures, or facilities in a housing project;

(3) subject to the limitations contained in this Division II, establish and revise the rents or charges;

(4) own, hold, and improve real and personal property;

(5) purchase, lease, obtain options on, or acquire by gift, grant, bequest, devise, or otherwise any real or personal property;

(6) sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property;

(7) insure or provide for the insurance of real or personal property or operations of the authority against any risks or hazards; and

(8) get from the State or federal government insurance or guarantees of payment of debts secured by mortgages on property in any of its housing projects, whether or not the debts are incurred by the authority.

(e) (1) When an authority has money that is held in a reserve or sinking fund or is not needed for immediate disbursement, the authority may invest the money in property or securities in which savings banks may invest.

(2) An authority may purchase its bonds at not more than their principal amount and accrued interest, all bonds so purchased to be canceled.

(f) An authority may also:

(1) investigate living and housing conditions in its area of operation and ways to improve those conditions;

(2) determine where:

(i) economically depressed or physically deteriorated areas exist; or

(ii) there is a shortage of decent, safe, and sanitary housing for persons of eligible income;

(3) make studies and recommendations on clearing, replanning, and reconstructing economically depressed or physically deteriorated areas and providing housing for persons of eligible income;

(4) cooperate with the State or a political subdivision to solve the problems set forth in this subsection; and

(5) conduct research, studies, and experiments on housing issues.

(g) Acting through one or more of its commissioners or designees, an authority may also:

(1) examine, investigate, hear testimony, and take evidence at public or private hearings on any matter material to its duties;

(2) make findings and recommendations about any property where conditions pose a danger to the public health, morals, safety, or welfare; and

(3) make those findings and recommendations available to appropriate governmental units, including those that in its area of operation have the duty to:

(i) abate or require the correction of nuisances or like conditions; or

(ii) demolish unsafe or unsanitary structures.

(h) An authority may also establish and control nonprofit entities, including corporations, partnerships, and limited liability companies, that may own, operate, and take steps necessary or convenient to develop or otherwise undertake housing projects in the authority’s area of operation.

(i) (1) In the manner provided under Title 12 of the Real Property Article or any other applicable statutory law, an authority may also acquire by eminent domain real property that the authority considers necessary for its purposes under this Division II, if:

(i) the authority adopts a resolution declaring that the acquisition of the real property is necessary for those purposes; and

(ii) the legislative body and the chief elected official approve.

(2) (i) Subject to subparagraph (ii) of this paragraph, property devoted to a public use may similarly be acquired by eminent domain.

(ii) Real property that belongs to the State or a political subdivision may not be acquired without the consent of the State or the political subdivision.

(j) An authority may also:

(1) borrow money and accept grants and other financial assistance from the political subdivision, the State, and the federal government and accept grants from nongovernmental sources for a housing project in its area of operation;

(2) take over, lease, or manage a housing project or undertaking constructed, financed, or owned by the political subdivision, the State, or the federal government; and

(3) comply with conditions and enter into mortgages, trust indentures, leases, and agreements as may be necessary or desirable.
Md. Code, Commercial Law § 12-122 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-122
§12–122.
Status: in_force

Any lender who knowingly and willfully violates any provision of § 12-103, § 12-109.2, § 12-119, § 12-120, or § 12-121 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500, or imprisonment not exceeding 6 months, or both.
Md. Code, Public Utilities § 12-314 — MD Code / Article gpu / Title 12 / Subtitle 3 / Section 12-314
§12–314.
Status: in_force

(a) (1) At least 15 days before the date of commencement of construction, the clerk of the legislative body of the county or municipal corporation shall mail a notice to each landowner within the conversion district that informs the landowner of the provisions of § 12-313 of this subtitle.

(2) The clerk shall use the names and addresses from the most recent property assessment roll of the county or municipal corporation, or as otherwise known by the clerk.

(b) The notice mailed under subsection (a) of this section shall include a statement that, unless the landowner complies with the requirements of § 12-313 of this subtitle, all buildings, structures, and other improvements located on the property may be disconnected from the overhead electric or communication facilities that provide electric service or communication service to the buildings, structures, or other improvements.
Md. Code, Courts and Judicial Proceedings § 12-402 — MD Code / Article gcj / Title 12 / Subtitle 4 / Section 12-402
§12–402.
Status: in_force

Any person may appeal from any order or judgment passed to preserve the power or vindicate the dignity of the court and adjudging him in contempt of court. This includes an interlocutory order, remedial in nature, adjudging any person in contempt, whether or not a party to the action.
Md. Code, Housing and Community Development § 12-207 — MD Code / Article ghs / Title 12 / Subtitle 2 / Section 12-207
§12–207.
Status: in_force

(a) Articles of amendment or restatement of articles of organization of an authority must be:

(1) recommended in writing by the chief elected official;

(2) if required by subsection (d) of this section, approved by a resolution of the board of commissioners of the authority; and

(3) adopted by a resolution or ordinance of the legislative body.

(b) An amendment or restatement of articles of organization shall comply with § 12-205(b) through (d) of this subtitle.

(c) A political subdivision may not amend the articles of organization to change the number of commissioners of an authority or the length of terms of commissioners stated in the initial articles of organization.

(d) A political subdivision may not amend the articles of organization of a pre-existing authority without the approval of the board of commissioners of the pre-existing authority.

(e) The custodian of records shall file with the Secretary of State:

(1) a copy of the articles of amendment or restatement, the recommending and adopting instruments required by subsection (a)(1) and (3) of this section, and any approving instrument required by subsection (a)(2) of this section;

(2) the certification of the custodian of records that the articles of amendment or restatement have been recommended and adopted by the political subdivision in accordance with the requirements of subsection (a)(1) and (3) of this section; and

(3) if required by subsection (a)(2) of this section, the certification of the secretary of the authority that the articles of amendment or restatement have been approved by the board of commissioners of the authority in accordance with the requirements of subsection (a)(2) of this section.

(f) (1) If the Secretary of State finds that the requirements of subsections (a) and (e) of this section have been met, the Secretary of State shall endorse the articles of amendment or restatement as “approved” and issue an attached certificate of approval.

(2) On issuance of the certificate of approval, the articles of amendment or restatement as filed are considered to have been adopted.
Md. Code, Environment § 12-201 — MD Code / Article gen / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

There is a State Board of Waterworks and Waste Systems Operators in the Department.
Md. Code, Election Law § 12-302 — MD Code / Article gel / Title 12 / Subtitle 3 / Section 12-302
§12–302.
Status: in_force

(a) This subtitle applies only to a person that accepts public campaign financing under:

(1) Title 15 of this article; or

(2) § 13–505 of this article.

(b) A person may accept a donation or make a disbursement relating to a contested election only if the person:

(1) establishes a contested election committee; and

(2) discloses the donations and disbursements in accordance with this subtitle.
Md. Code, Commercial Law § 12-109.1 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-109.1
§12–109.
Status: in_force

§12–109.1.

(a) The provisions of this section do not apply to escrow accounts maintained in connection with loans described in § 12–103(e)(1) of this subtitle.

(b) Except in a foreclosure, release, or as provided in subsection (c) of this section, funds in any escrow account for use in paying taxes, insurance premiums, ground rents, and water and sewer facilities assessments may not be used to:

(1) Reduce the principal; or

(2) Pay interest or other loan charges.

(c) If there is periodically a balance in the escrow account that exceeds the amount provided for in the note, loan agreement, or security instrument, the borrower shall be given at least annually the option of:

(1) Receiving a refund of the excess amount;

(2) Applying the excess amount to the payment of principal and interest; or

(3) Leaving the excess amount in the escrow account.

(d) A refund of any excess amount shall be made:

(1) Within 60 days after the receipt by the lender of the borrower’s request for a refund; or

(2) If the borrower has not notified the lender of the option chosen by the borrower under subsection (c) of this section, within 60 days after the date the lender mailed notice of the excess amount to the borrower.

(e) (1) Subject to paragraph (3) of this subsection, if, after recalculating the amount that is required to be maintained in escrow under a first mortgage or first deed of trust on residential real property, a lender or a servicer of a loan determines that the amount that a borrower is required to pay must increase, the lender or servicer may not include, for a 1–year period after the determination is made, the amount of the increase in escrow payments in any calculation of the amount of interest or any fee due under the loan.

(2) This subsection may not be construed to limit the ability of a lender or a servicer of a loan to impose a late fee for any escrow payment that is due and not timely paid.

(3) (i) In this paragraph, “other expenses” does not include money required by a lender or a servicer of a loan for an escrow account cushion as permitted by the federal Real Estate Settlement Procedures Act.

(ii) A lender or a servicer of a loan may charge interest to a borrower on the amount of funds the lender or servicer advances to pay taxes, insurance premiums, or other expenses owed by the borrower in order to protect the security of the loan.

(iii) Interest may be charged by a lender or a servicer of a loan under subparagraph (ii) of this paragraph only if:

1. The lender or servicer advances its own funds because funds of the borrower were not available to pay the taxes, insurance premiums, or other expenses owed by the borrower;

2. The need for the advance was not caused by an error of the lender or servicer in servicing the loan;

3. The lender or servicer provides notice to the borrower that the advance was made and that interest will be charged on the advance;

4. Interest does not begin to accrue until 60 days after notice has been provided to the borrower in accordance with item 3 of this subparagraph;

5. Interest is charged only on the amount of funds actually advanced by the lender or servicer after the lender or servicer has used all available funds of the borrower to pay taxes, insurance premiums, or other expenses owed by the borrower; and

6. The borrower is permitted to repay the advance as permitted by the federal Real Estate Settlement Procedures Act.
Md. Code, Real Property § 12-106 — MD Code / Article grp / Title 12 / Subtitle 1 / Section 12-106
§12–106.
Status: in_force

(a) The plaintiff shall pay all the costs in the trial court.

(b) The costs in a condemnation proceeding include:

(1) The usual per diem to the jurors;

(2) The cost of transporting the trier of fact to view the property;

(3) The cost of meals for the jury if the court so orders;

(4) The cost of recording the inquisition among the land records and of all documentary stamps which may be required in the transfer of the property to the plaintiff; and

(5) An allowance to the defendant, as fixed by the court, for the reasonable legal, appraisal, and engineering fees actually incurred by the defendant because of the condemnation proceeding, if the judgment is for the defendant on the right to condemn.

(c) In proceeding under Article III of the Maryland Constitution, or any amendment to it, the plaintiff shall pay interest at the rate of 6 percent per annum on any difference between the amount of money initially paid into court for the use of the defendant and the jury award as stated in the inquisition, from the date the money was paid into court to the date of the inquisition or final judgment, whichever date is later.

(d) On taking possession, acquiring the right to take possession, or the actual transfer of title to the plaintiff, whichever occurs first, the plaintiff immediately shall file with the supervisor of assessments for the county involved a written notification or record setting forth in sufficient detail the area of the land and a description of any improvement being acquired. If the plaintiff is an agency or instrumentality of the State, the supervisor of assessments, on filing of the notification or record, immediately shall remove the property from the tax rolls.
Md. Code, Tax - General § 12-102 — MD Code / Article gtg / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

(a) Except as provided in § 12–104 of this subtitle, a tax is imposed on cigarettes and other tobacco products in the State.

(b) (1) Except as provided in paragraph (2) of this subsection, a county, municipal corporation, special taxing district, or other political subdivision of the State may not impose a tax on cigarettes, other tobacco products, or electronic smoking devices as defined under § 16.7–101 of the Business Regulation Article.

(2) If a county imposed a tax on electronic smoking devices on January 1, 2020, the county may continue to impose a tax on electronic smoking devices at the same rate that was in effect on January 1, 2020.
Md. Code, Health Occupations § 12-6B-11 — MD Code / Article gho / Title 12 / Subtitle 6B / Section 12-6B-11
§12–6B–11.
Status: in_force

(a) Unless the Board agrees to accept the surrender of a pharmacy technician’s registration, a registered pharmacy technician may not surrender the pharmacy technician’s registration nor may the pharmacy technician’s registration lapse by operation of law while the registered pharmacy technician is under investigation or while charges are pending against the registered pharmacy technician.

(b) The Board may set conditions on its agreement with the registered pharmacy technician under investigation or against whom charges are pending to accept the surrender of the pharmacy technician’s registration.
Md. Code, Economic Development § 12-301 — MD Code / Article gec / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

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

(b) “Bond” means a bond, note, or other similar instrument that a political subdivision issues under this subtitle.

(c) “Chief executive” means the president, chair, mayor, county executive, or any other chief executive officer of a political subdivision.

(d) “Designated blighted area” means an area designated under § 12-303 of this subtitle.

(e) “Financed area” means the geographic portion of a designated blighted area for which the proceeds of a bond are to be used under § 12-303 of this subtitle.

(f) “Political subdivision” means a county or municipal corporation.
Md. Code, State Government § 12-310 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-310
§12–310.
Status: in_force

(a) This section does not apply to the extent that a State officer or State employee is reimbursed under § 12-309 of this subtitle.

(b) The State is liable to a State officer or State employee for reimbursement of court costs, counsel fees, and other reasonable expenses that the officer or employee incurs in defending an action or proceeding if:

(1) the Attorney General declined representation under § 12-304(b)(1) of this subtitle; and

(2) it is determined judicially that:

(i) the defense of sovereign immunity is available to the officer or employee; or

(ii) injuries arose from an act or omission of the officer or employee and, when the act or the omission was made, the officer or employee was acting within the scope of employment and the act or omission was not malicious and was not grossly negligent.

(c) Reimbursement under this section shall be subject to the provisions of Subtitle 5 of this title.
Md. Code, Public Safety § 12-1001 — MD Code / Article gps / Title 12 / Subtitle 10 / Section 12-1001
§12–1001.
Status: in_force

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

(b) “Addition” means an increase in:

(1) building area;

(2) aggregate floor area;

(3) height; or

(4) number of stories.

(c) “Change of occupancy” means a change in the purpose or level of activity in a building or structure that involves a change in application of the local building code requirements.

(d) “Construction permit application” means an application for a permit or other governmental approval for a rehabilitation project.

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

(f) “Existing building” means a building or structure that was erected and occupied, or was issued a certificate of occupancy, at least 1 year before a construction permit application for the building or structure was made to a local jurisdiction, the Maryland–National Capital Park and Planning Commission, or the Washington Suburban Sanitary Commission.

(g) “Local jurisdiction” means:

(1) a county; or

(2) a municipal corporation in the State.

(h) “MBRC” means the Maryland Building Rehabilitation Code.

(i) “Modification” means:

(1) the reconfiguration of a space;

(2) the addition or elimination of a door or window;

(3) the reconfiguration or extension of a system; or

(4) the installation of any additional equipment.

(j) “Reconstruction” means:

(1) the reconfiguration of a space that:

(i) affects an exit or element of the egress access that is shared by more than a single occupant; or

(ii) prevents occupancy of the work area because the existing means of egress and fire protection systems, or their equivalent, are not in place or continuously maintained; or

(2) extensive modifications.

(k) “Rehabilitation project” means construction work undertaken in an existing building that includes repair, renovation, modification, reconstruction, change of occupancy, or addition.

(l) (1) “Renovation” means:

(i) the change, strengthening, or addition of load bearing elements; or

(ii) the refinishing, replacement, bracing, strengthening, upgrading, or extensive repair of existing materials, elements, components, equipment, or fixtures.

(2) “Renovation” does not include:

(i) reconfiguration of a space; or

(ii) interior or exterior painting.

(m) “Repair” means the patching, restoration, or minor replacement of materials, elements, components, equipment, or fixtures to maintain them in good or sound condition.
Md. Code, Health Occupations § 12-6C-03.1 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-03.1
§12–6C–03.
Status: in_force

§12–6C–03.1.

(a) The Department may purchase and distribute prescription drugs and prescription devices for public health purposes.

(b) The Department shall adopt regulations, in consultation with the Board, to implement this section.
Md. Code, Commercial Law § 12-913.1 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-913.1
§12–913.
Status: in_force

§12–913.1.

(a) (1) On or after October 1, 1993, a credit grantor may at its option elect to offer a plan to any borrower either pursuant to this subtitle or as otherwise permitted by applicable law.

(2) In order for a plan to be established under and governed by this subtitle, a credit grantor shall make a written election to that effect in the agreement governing the plan.

(b) (1) If a credit grantor elects in accordance with this section to establish a plan under this subtitle, the provisions of Subtitle 1, 3, 4, 5, 6, or 10 of this title do not apply to the plan.

(2) If a person fails to elect in accordance with this section to establish a plan under this subtitle, the provisions of this subtitle do not apply.

(c) Notwithstanding any other provision of this title, a loan shall be subject to the provisions of this subtitle, whether or not elected, if the loan:

(1) Is a shared appreciation agreement; and

(2) Allows the borrower to repay advances and have any repaid amounts subsequently readvanced to the borrower.
Md. Code, Transportation § 12-405 — MD Code / Article gtr / Title 12 / Subtitle 4 / Section 12-405
§12–405.
Status: in_force

An agreement, arrangement, or declaration made under this subtitle may authorize the registration or licensing in another jurisdiction of vehicles that are located in or operated from a base in that jurisdiction and that otherwise would be required to be registered or licensed in this State. In this event, the benefits, privileges, and exemptions extended by the agreement, arrangement, or declaration shall apply to those vehicles, if licensed or registered in the base jurisdiction.
Md. Code, Commercial Law § 12-1112 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1112
§12–1112.
Status: in_force

This subtitle may be cited as the Maryland Rental-Purchase Agreement Act.
Md. Code, Criminal Procedure § 12-401 — MD Code / Article gcp / Title 12 / Subtitle 4 / Section 12-401
§12–401.
Status: in_force

In a proceeding under this title, a court:

(1) may grant requests for mitigation or remission of forfeiture or take other action that protects the rights of innocent persons, is consistent with this title, and is in the interest of justice;

(2) may resolve claims arising under this title; and

(3) may take appropriate measures to safeguard and maintain property forfeited under this title pending the disposition of the property.
Md. Code, Family Law § 12-102 — MD Code / Article gfl / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

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

(2) “Accessible” means health insurance coverage that insures primary care services located within the lesser of 30 miles or 30 minutes from the child’s primary residence.

(3) “Actual income” has the meaning stated in § 12–201(b) of this title.

(4) “Adjusted actual income” has the meaning stated in § 12–201 of this title.

(5) “Basic child support obligation” has the meaning stated in § 12–201 of this title.

(6) “Cash medical support” means an amount paid:

(i) toward the cost of health insurance provided by:

1. a public entity; or

2. one or both parents through employment or otherwise; or

(ii) for other medical costs not covered by insurance, including extraordinary medical expenses.

(7) “Extraordinary medical expenses” has the meaning stated in § 12–201 of this title.

(8) “Health insurance coverage” means any type of health care coverage under which medical care services can be provided to the child through an insurer.

(9) “Insurer” means:

(i) an insurer, a nonprofit health service organization, or a health maintenance organization operating in this State under a certificate of authority issued by the Maryland Insurance Commissioner;

(ii) an entity that provides a group health plan, as defined in § 607(1) of the Employee Retirement Income Security Act of 1974; or

(iii) an entity offering a service benefit plan as defined by federal law.

(10) “Medical support notice” means a notice that is:

(i) in a format prescribed by federal law; and

(ii) issued by a child support agency to enforce the health insurance coverage provisions of a child support order.

(11) “Tribunal” has the meaning stated in § 10–301 of this article.

(b) Except as provided in subsection (c) of this section, the court may include in any support order a provision requiring either parent to include the child in the parent’s health insurance coverage if:

(1) the parent can obtain health insurance coverage through an employer or any form of group health insurance coverage; and

(2) the child can be included at a reasonable cost to the parent in that health insurance coverage.

(c) (1) This subsection applies only to a child support order under Title IV, Part D of the Social Security Act.

(2) (i) The court shall include in any support order that is established or modified a provision requiring one or both parents to include the child in the parent’s health insurance coverage if:

1. the parent can obtain health insurance coverage through an employer or any form of group health insurance coverage;

2. the child can be included at a reasonable cost to the parent in that health insurance coverage; and

3. the health insurance coverage is accessible to the child.

(ii) For purposes of subparagraph (i)2 of this paragraph, the cost of health insurance coverage is reasonable if the cost of adding the child to existing health insurance coverage, or the difference between self–only and family coverage, does not exceed 5% of the actual income of the parent ordered to pay for health insurance coverage.

(3) If health insurance coverage at a reasonable cost is not available at the time a support order is established or modified, the court:

(i) may include a provision requiring one or both parents to include the child in the parent’s health insurance coverage as described in paragraph (2) of this subsection if health insurance coverage at a reasonable cost becomes available in the future; and

(ii) shall include a provision requiring one or both parents to provide cash medical support in an amount not to exceed 5% of the actual income of the parent ordered to provide cash medical support.

(4) In addition to requiring one or both parents to provide health insurance coverage, the court may order one or both parents to provide cash medical support in an amount not to exceed 5% of the actual income of the parent ordered to provide cash medical support.

(5) Cash medical support ordered under this subsection shall be added to the basic child support obligation and divided by the parents in proportion to their adjusted actual incomes.

(6) The court may not order the obligee to pay cash medical support toward the cost of health insurance provided by a public entity for which the obligee does not pay a premium, including the Maryland Children’s Health Program under Title 15, Subtitle 3 of the Health – General Article.

(d) An order of a court requiring the provision of health insurance coverage for a child may be issued separate from or in conjunction with an earnings withholding order.

(e) (1) If a court orders a parent to provide health insurance coverage under this section, the parent under the order or the support enforcement agency shall send a copy of the order or medical support notice to the parent’s employer by first–class mail, separate from or in conjunction with an earnings withholding order, as provided in § 10–123 of this article.

(2) Within 20 business days after the receipt of the order or medical support notice, the employer shall:

(i) send the appropriate part of the medical support notice to the employer’s insurer;

(ii) if the employer determines that, based on reasons related to the employee’s employment status, the employee’s child is ineligible for health insurance coverage, complete the appropriate part of the medical support notice and return it to the issuing child support agency;

(iii) permit the parent, a child support enforcement agency, or the Maryland Department of Health to enroll the child in any health insurance coverage available to the parent without regard to any enrollment season restrictions;

(iv) provide a statement to the support enforcement agency and to both parents that the child:

1. has been enrolled in health insurance coverage;

2. will be enrolled in health insurance coverage and that the expected date of enrollment will be provided; or

3. cannot be enrolled in health insurance coverage; and

(v) provide information to both parents and to the support enforcement agency concerning the available health insurance coverage, including:

1. the employee’s Social Security number;

2. the name, address, and telephone number of the insurer;

3. the policy number;

4. the group number;

5. the effective date of coverage; and

6. any schedule of benefits.

(f) On receipt of the order or medical support notice, the employer:

(1) if the employee’s child is eligible for health insurance coverage, shall withhold from the employee’s next earnings the amount of the employee contribution required to enroll the employee’s child;

(2) if the employee’s child is not currently eligible for health insurance coverage but will become eligible, shall withhold from the employee’s earnings, at the earliest time the employee’s child becomes eligible, the amount of the employee contribution required to enroll the employee’s child; or

(3) if federal or State withholding limitations or prioritization prevent withholding from the employee’s wages the amount required for enrollment, shall complete and send, to the issuing child support agency, the appropriate part of the medical support notice indicating the employee’s income is insufficient for enrollment.

(g) (1) To the extent consistent with the federal Consumer Credit Protection Act, the employer shall deduct the premiums for health insurance coverage from the earnings of the employee on a regular and continuing basis and pay the premiums to the insurer.

(2) The employer shall send to the insurer the amount deducted from the employee’s earnings each pay period within 10 business days after the day on which the earnings are paid to the employee.

(h) An employer or the child’s parents may not disenroll or eliminate coverage for the child in any manner unless:

(1) the employer is provided satisfactory written evidence that:

(i) the court order is no longer in effect; or

(ii) the child has been or will be enrolled under other reasonable health insurance coverage, with the coverage to take effect no later than the effective date of disenrollment;

(2) the employer has eliminated family health coverage for all of its employees; or

(3) the employer no longer employs the parent under whose name the child has been enrolled for coverage except to the extent that if the parent elects to exercise the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) then coverage must be provided for the child consistent with the employer’s plan relating to postemployment medical coverage for dependents.

(i) (1) If the health insurance coverage for the child terminates, the employer shall notify the other parent and, if a support enforcement agency is involved in the case, the support enforcement agency within 15 days of termination of the insurance.

(2) If, after a lapse in health insurance coverage, health insurance coverage becomes available to the employee for the child, the employer shall:

(i) enroll the child in health insurance coverage without regard to any enrollment season restrictions; and

(ii) within 15 days after health insurance coverage becomes available, provide notice to the support enforcement agency and the other parent of the enrollment.

(j) Subject to the provisions of this section, the parent or the support enforcement agency may bring a civil action against an employer who willfully violates the provisions of this section.

(k) This section does not limit the authority of a court to enter, modify, or enforce an order requiring payment of uninsured health expenses, health care costs, or health insurance premiums.

(l) An employer may not use the existence of an order or a medical support notice requiring health insurance coverage as a basis for:

(1) reprisal against an employee;

(2) dismissal of an employee from employment; or

(3) refusal to hire a person or to promote an employee.

(m) An order entered under this section is binding on a present and future employer of the parent on whom a copy of this order is served.
Md. Code, Financial Institutions § 12-918 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-918
§12–918.
Status: in_force

(a) With respect to the provision of debt management services, a licensee may not impose any fees or other charges on a consumer, or receive any funds or other payments from a consumer or another person on behalf of a consumer:

(1) Except as provided in subsections (g)(3) and (i) of this section, until after the licensee and consumer have executed a debt management services agreement; and

(2) Only as allowed under this section.

(b) (1) A licensee may charge a consultation fee not exceeding $50.

(2) The cost of a credit report on a consumer shall be paid from the consultation fee paid by the consumer.

(c) (1) Subject to paragraph (2) of this subsection, a licensee may charge a monthly maintenance fee not exceeding $8 for each creditor of a consumer that is listed in the debt management services agreement between the licensee and the consumer.

(2) The total fees charged to a consumer under paragraph (1) of this subsection may not exceed $40 per month.

(d) A licensee may collect from or on behalf of a consumer the funds the consumer has agreed to pay to the licensee under the debt management services agreement.

(e) A licensee may not charge a fee to:

(1) Prepare a financial analysis or an initial budget plan for the consumer;

(2) Counsel a consumer about debt management;

(3) Provide a consumer with the consumer education program described in the licensee’s license application; or

(4) Rescind a debt management services agreement.

(f) (1) A licensee may not require a voluntary contribution from a consumer for any service provided by the licensee to the consumer.

(2) A licensee may accept a voluntary contribution from a consumer for a debt management service provided by the licensee to the consumer if the aggregate amount of the voluntary contribution and any other fees received by the licensee from the consumer for debt management services does not exceed the total amount the licensee is authorized to charge the consumer under subsections (b) and (c) of this section.

(g) (1) Before providing debt management services to a consumer, a licensee shall provide the consumer a list of services and their charges describing:

(i) Those services that the licensee offers:

1. Free of charge if the consumer enters into a debt management services agreement with the licensee; and

2. For a charge if the consumer does not enter into a debt management services agreement with the licensee; and

(ii) Those services that the licensee offers for a charge that are not offered as a part of debt management services.

(2) A licensee may not, as a condition of entering into a debt management services agreement, require a consumer to purchase for a fee a counseling session, an educational program, or materials and supplies.

(3) A licensee may charge a consumer a fee for a counseling session, an educational program, or materials and supplies if the consumer does not enter into a debt management services agreement with the licensee.

(h) (1) In addition to any other right of rescission contained in the debt management services agreement, a consumer may modify or rescind a debt management services agreement if the consumer is notified of a creditor’s nonparticipation under this subsection.

(2) If a creditor that is listed as participating in the debt management services agreement declines to participate in debt management services under the agreement, the licensee shall notify the consumer by certified mail, or other verifiable means approved by the consumer, at least 5 business days before the consumer’s next scheduled payment under the agreement.

(3) The notice shall include:

(i) The identity of the creditor; and

(ii) The right of the consumer to modify or rescind the agreement.

(4) A consumer who rescinds a debt management services agreement under this subsection is entitled to a refund of all unexpended funds that the consumer has paid to the licensee for the reduction of the consumer’s debt.

(i) If a payment by a consumer under this section to a licensee is dishonored, the licensee may charge the consumer the amount allowable for dishonored checks or other instruments under § 15-802 of the Commercial Law Article, whether or not the consumer has entered into a debt management services agreement with the licensee.

(j) With respect to the provision of debt management services, if a licensee imposes any fee or other charge or receives any funds or other payments not authorized under this section, except as a result of an accidental and bona fide error:

(1) The debt management services agreement shall be void; and

(2) The licensee shall return the amount of the unauthorized fees, charges, funds, or payments to the consumer.
Md. Code, Public Safety § 12-506 — MD Code / Article gps / Title 12 / Subtitle 5 / Section 12-506
§12–506.
Status: in_force

(a) The Department shall maintain a central automated database in accordance with this section.

(b) (1) At a minimum, the Department shall include in the database:

(i) the Standards;

(ii) local amendments to the Standards;

(iii) the State Fire Prevention Code adopted by the State Fire Prevention Commission under Title 6 of this article;

(iv) fire prevention codes adopted by local jurisdictions;

(v) the Electrical Code required under Subtitle 6 of this title;

(vi) local amendments to the Electrical Code;

(vii) the Energy Code defined under the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article;

(viii) local code provisions that are more restrictive than the Energy Code defined under the Energy Conservation Building Standards Act;

(ix) information compiled by the Department under paragraph (2) of this subsection;

(x) the Maryland Building Rehabilitation Code;

(xi) local amendments to the Maryland Building Rehabilitation Code; and

(xii) proposed federal or State legislation of which the Department is aware and that directly affects the construction industry.

(2) The Department may compile and include in the database:

(i) any information provided by a local jurisdiction on the implementation and interpretation of the Standards by the local jurisdiction; and

(ii) interim amendments to the International Building Code including subsequent printings of the most recent edition.

(c) The Department shall:

(1) make information from the database available to a local jurisdiction, State unit, or other interested party;

(2) provide each local jurisdiction with the necessary hardware or software to enable the local jurisdiction to access the information in the database; and

(3) coordinate with local building officials, the State Fire Marshal, and local fire officials in compiling information for the database.

(d) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the Department may charge a fee for information provided from the database.

(ii) The Department may not charge a fee to a State unit or local jurisdiction.

(2) The Department may not charge a fee to a local jurisdiction for the ongoing maintenance of the database.

(3) Fees collected in accordance with this subsection unexpended at the end of the fiscal year do not revert to the General Fund, but shall be kept in a special fund available to the Department to carry out this subtitle.

(e) (1) A local jurisdiction shall provide to the Department a copy of each amendment to the local jurisdiction’s fire prevention code or Electrical Code within 15 days after the effective date of the amendment.

(2) A local jurisdiction shall provide to the Department a copy of each amendment to the local jurisdiction’s energy code that is more restrictive than the Energy Code defined under the Energy Conservation Building Standards Act within 15 days after the effective date of the amendment.
Md. Code, Financial Institutions § 12-707 — MD Code / Article gfi / Title 12 / Subtitle 7 / Section 12-707
§12–707.
Status: in_force

Any person who is aggrieved by any decision or finding of the Commissioner under this subtitle may appeal to the circuit court for the county in which the aggrieved person resides or has a principal place of business, or, if the aggrieved person resides or has a principal place of business in Baltimore City, to the Circuit Court for Baltimore City.
Md. Code, Labor and Employment § 12-301 — MD Code / Article gle / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

(a) There is a Maryland Small Business Retirement Savings Trust.

(b) (1) The Maryland Small Business Retirement Savings Trust shall be administered by the Board for the purpose of promoting greater retirement savings for Maryland private sector employees in a convenient, voluntary, low–cost, and portable manner.

(2) The Board shall enter into an agreement delegating the administration of the Trust to a third–party administrator.

(c) Money in the Trust may be invested or reinvested as determined by the Board.

(d) Any contributions paid by employees into the Trust may be used only to:

(1) pay benefits to the participants of the Program;

(2) pay the cost for administering the Program; and

(3) make investments for the benefit of the Program.

(e) The Board shall establish, by regulation, dates when an employer shall deposit employee contributions.

(f) The State may not transfer any assets of the Trust to the General Fund or any other fund of the State, or otherwise encumber any assets of the Trust.
Md. Code, Health Occupations § 12-6C-12 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-12
§12–6C–12.
Status: in_force

On or before January 1, 2008, the Board shall adopt regulations to implement this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 12-1002 — MD Code / Article gab / Title 12 / Subtitle 10 / Section 12-1002
§12–1002.
Status: in_force

(a) This section applies only to a municipal golf course that is:

(1) on land that is owned by the City; and

(2) operated by a City golf course manager or a golf course manager under a management agreement with the City.

(b) There is a Class M–G beer, wine, and liquor license for use at a municipal golf course.

(c) The Board may issue the license to a manager of a municipal golf course.

(d) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption on the land and in the facilities used for golfing purposes.

(e) (1) The license holder may designate an agent to sell beer, wine, and liquor at the municipal golf course.

(2) The agent shall be considered the vendor for purposes of collecting and remitting the sales and use tax.

(f) On request of the City and subject to § 12–1703 of this title, the Board may transfer the license to a different golf course manager.

(g) The annual license fee is $936.

(h) The Board shall adopt regulations to carry out this section.
Md. Code, Financial Institutions § 12-107.1 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-107.1
§12–107.
Status: in_force

§12–107.1.

(a) (1) The requirements under any federal law and Title 4, Subtitles 1 through 5 of the General Provisions Article regarding the privacy or confidentiality of information or material provided to NMLS, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to that information or material, shall continue to apply to that information or material after the information or material has been disclosed to NMLS.

(2) The information and material may be shared with all state and federal regulatory officials having oversight authority over persons required to be licensed under this subtitle, including the Financial Crimes Enforcement Network and the Office of Foreign Assets Control, and any successor to these agencies, without the loss of privilege or the loss of confidentiality protections provided by federal law or Title 4, Subtitles 1 through 5 of the General Provisions Article.

(b) Information or material that is subject to a privilege or confidentiality under subsection (a) of this section may not be subject to:

(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or agency of the federal government or a state that has received the information or material; or

(2) Subpoena, discovery, or admission into evidence, in any private civil litigation or administrative process, unless, with respect to any privilege held by NMLS, the person to whom the information or material pertains waives, in whole or in part, that privilege.

(c) Any provisions of Title 4, Subtitles 1 through 5 of the General Provisions Article relating to the disclosure of any information or material described in subsection (a) of this section that are inconsistent with subsection (a) of this section shall be superseded by the requirements of this section.

(d) This section does not apply to information or material relating to publicly adjudicated disciplinary and enforcement actions against a person required to be licensed under this subtitle that is included in NMLS and designated for access by the public.
Md. Code, Financial Institutions § 12-904 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-904
§12–904.
Status: in_force

With the license application, the applicant shall pay to the Commissioner:

(1) A nonrefundable investigation fee of $1,000 for an initial license; and

(2) A license fee for an initial license or a license renewal for an additional 1–year term, as follows:

(i) $500, if the applicant’s annual gross revenue is not more than $3,000,000;

(ii) $1,000, if the applicant’s annual gross revenue is more than $3,000,000 but not more than $6,000,000;

(iii) $2,000, if the applicant’s annual gross revenue is more than $6,000,000 but not more than $15,000,000;

(iv) $3,000, if the applicant’s annual gross revenue is more than $15,000,000 but not more than $30,000,000; or

(v) $4,000, if the applicant’s annual gross revenue is more than $30,000,000.
Md. Code, Health Occupations § 12-6D-04 — MD Code / Article gho / Title 12 / Subtitle 6D / Section 12-6D-04
§12–6D–04.
Status: in_force

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) As part of an application to the Central Repository for a State criminal history records check, the applicant shall submit to the Central Repository:

(1) Two complete sets of legible fingerprints taken on forms approved by the director of the Central Repository; and

(2) The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records.

(c) In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward the criminal history records information of the applicant to the Board and the applicant.

(d) The Board shall ensure that information obtained from the Central Repository under this subsection:

(1) Is kept confidential;

(2) Is not redisseminated; and

(3) Is used only for the registration purpose authorized by this subtitle.

(e) The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
Md. Code, Housing and Community Development § 12-404 — MD Code / Article ghs / Title 12 / Subtitle 4 / Section 12-404
§12–404.
Status: in_force

(a) At least annually, an authority shall file with the custodian of records a financial report of its activities for the preceding year and recommend any further action by the political subdivision that it considers necessary or useful to carry out the purpose of this Division II.

(b) The political subdivision may require an authority to provide it with an annual operating budget and program reports that the political subdivision designates.

(c) The political subdivision or its designee may at any time:

(1) examine the books and records of the authority; or

(2) conduct an audit of the authority.
Md. Code, Transportation § 12-306 — MD Code / Article gtr / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) (1) In this section, “nonapparent disability” means a disability or health condition that is not immediately obvious or visible.

(2) “Nonapparent disability” includes:

(i) Developmental disabilities; and

(ii) Intellectual disabilities.

(b) An initial and a renewal application for a license, an identification card, or a moped operator’s permit shall allow an applicant to choose to indicate on the document that the applicant has a nonapparent disability.

(c) The Administration shall:

(1) Ensure that the license, identification card, or moped operator’s permit of an applicant who has indicated a nonapparent disability on an application includes a notation of the nonapparent disability on the bottom of the license, identification card, or moped operator’s permit;

(2) Consult with developmental disability and intellectual disability advocacy groups with respect to the design of the nonapparent disability notation;

(3) Notify an individual with a nonapparent disability notation on a license, identification card, or moped operator’s permit that turns 18 years of age that the individual may request that the nonapparent disability notation be removed;

(4) Delete any record of an individual’s nonapparent disability notation on request by the individual at any time; and

(5) Establish public outreach efforts to educate the general public on the availability of the nonapparent disability notation.

(d) There is no fee for a nonapparent disability notation on a license, identification card, or moped operator’s permit, including for the issuance of a corrected document if no other corrections are made.

(e) The Administration may not:

(1) Require an applicant for a license, an identification card, or a moped operator’s permit to provide proof of the applicant’s nonapparent disability;

(2) Deny an application for a license, an identification card, or a moped operator’s permit because the nonapparent disability selected by the applicant does not match the nonapparent disability indicated on another document associated with the applicant;

(3) Notwithstanding § 4–320 of the General Provisions Article and except as provided in subsection (f) of this section, disclose for any use without a court order information related to an applicant’s:

(i) Indication of a nonapparent disability on an application for a license, an identification card, or a moped operator’s permit; or

(ii) Request to remove an indication of a nonapparent disability from a license, an identification card, or a moped operator’s permit; or

(4) Use information disclosed by a person under this section as a basis for referring the person to the Medical Advisory Board under § 16–118 of this article.

(f) The Administration may make information described in subsection (e)(3) of this section available to:

(1) A court;

(2) A criminal justice agency;

(3) A driver licensing authority;

(4) The applicant;

(5) The applicant’s attorney;

(6) Any third party designated by the applicant; or

(7) The Child Support Administration.

(g) The Maryland Police Training and Standards Commission, in consultation with the Department of State Police and other interested stakeholders, shall implement training concerning interactions with individuals who have a nonapparent disability notation on their license, identification card, or moped operator’s permit.
Md. Code, Courts and Judicial Proceedings § 12-602 — MD Code / Article gcj / Title 12 / Subtitle 6 / Section 12-602
§12–602.
Status: in_force

The Supreme Court of Maryland or the Appellate Court of Maryland of this State, on the motion of a party to pending litigation or its own motion, may certify a question of law to the highest court of another state or of a tribe if:

(1) The pending litigation involves a question to be decided under the law of the other jurisdiction;

(2) The answer to the question may be determinative of an issue in the pending litigation; and

(3) The question is one for which an answer is not provided by a controlling appellate decision, constitutional provision, or statute of the other jurisdiction.
Md. Code, Financial Institutions § 12-425 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-425
§12–425.
Status: in_force

(a) Each licensee shall make and preserve the following books, accounts, and records for a period of at least 3 years:

(1) A record of each money transmission conducted;

(2) A general ledger containing all assets, liability, capital, income, and expense accounts, which general ledger shall be posted at least monthly;

(3) Settlement sheets received from each authorized delegate;

(4) Bank statements and bank reconciliation records;

(5) Records of outstanding money transmissions;

(6) Records of each money transmission conducted within the 3–year period;

(7) A list of the names and addresses of all the licensee’s authorized delegates, past and present; and

(8) A list of the dates that the training materials required under § 12–413.1 of this subtitle were provided to the licensee’s authorized delegates, agents, and subdelegates.

(b) A licensee shall retain the records required under this section in:

(1) Original form; or

(2) Photographic, electronic, or other similar form.

(c) A licensee may retain the records required under this section at any location, provided that the licensee:

(1) Notifies the Commissioner in writing of the location of the records; and

(2) Makes the records available at a place of business for which a license has been issued, as agreed by the Commissioner and the licensee, within 7 days after a written request for examination by the Commissioner.
Md. Code, Financial Institutions § 12-1202 — MD Code / Article gfi / Title 12 / Subtitle 12 / Section 12-1202
§12–1202.
Status: in_force

This subtitle applies to a virtual currency kiosk operator.
Md. Code, Criminal Procedure § 12-505 — MD Code / Article gcp / Title 12 / Subtitle 5 / Section 12-505
§12–505.
Status: in_force

This title does not prohibit a lienholder from exercising rights under applicable law, including the right to sell property that has been seized under this title, if a default occurs in the obligation giving rise to the lien.
Md. Code, Alcoholic Beverages and Cannabis § 12-2004 — MD Code / Article gab / Title 12 / Subtitle 20 / Section 12-2004
§12–2004.
Status: in_force

(a) (1) Except as otherwise provided in this subtitle, a holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor:

(i) on Monday through Saturday:

1. from 9 a.m. to 10 p.m. in the area specified in the Park Heights Master Plan adopted by the City in 2006;

2. from 9 a.m. to 10 p.m. in an area bounded as follows: from the intersection of Belair Road and Anntana Avenue, southwest on Belair Road to the intersection of Belair Road and Frankford Avenue, southeast on Frankford Avenue to the intersection of Frankford Avenue and Sipple Avenue, west on Sipple Avenue to the intersection of Sipple Avenue and Crenshaw Avenue, southeast on Crenshaw Avenue to the intersection of Crenshaw Avenue and Goodnow Road, southeast on Goodnow Road to the intersection of Goodnow Road and Sinclair Lane, northeast on Sinclair Lane to the intersection of Sinclair Lane and Radecke Avenue, west on Radecke Avenue to the intersection of Radecke Avenue and Anntana Avenue, then north on Anntana Avenue to the intersection of Anntana Avenue and Belair Road; and

3. from 6 a.m. to midnight in all other locations in the City; and

(ii) on the Sundays that fall between Thanksgiving Day and New Year’s Day, from 1 p.m. to 9 p.m., if, on or before September 30 of that year, the license holder has paid a supplementary license fee of $120 for each Sunday the privilege is to be exercised.

(2) In addition to the privileges specified under paragraph (1)(ii) of this subsection, the license holder may sell beer, wine, and liquor for off–premises consumption on two additional Sundays during the calendar year if the holder pays a license fee of $120 at least 2 weeks before each time the privilege is exercised.

(b) (1) Except as provided in § 12–2005 of this subtitle, a holder of a Class B beer, wine, and liquor license may sell beer, wine, and liquor:

(i) from 9 a.m. to 2 a.m. the following day in the area specified in the Park Heights Master Plan adopted by the City in 2006; and

(ii) from 6 a.m. to 2 a.m. the following day in all other locations in the City.

(2) In the 47th alcoholic beverages district in the City, the hours for sales of beer, wine, and liquor for off–premises consumption under a Class B beer, wine, and liquor license for use in a restaurant are as provided in § 12–903(d) of this title.

(3) Except as provided in § 12–2005 of this subtitle and § 12–903(d) of this title, the license holder may sell beer, wine, and liquor at a bar or counter on Sunday.

(c) A holder of a Class B–D–7 beer, wine, and liquor license may sell beer, wine, and liquor:

(1) from 9 a.m. to 9 p.m. in the area bounded by Liberty Heights Avenue, Northern Parkway, Druid Park Drive, and Wabash Avenue;

(2) from 9 a.m. to 9 p.m. along the south side of Frederick Avenue between South Augusta Avenue and South Loudon Avenue;

(3) from 9 a.m. to 10 p.m. in the area specified in the Park Heights Master Plan adopted by the City in 2006;

(4) from 9 a.m. to 10 p.m. in an area bounded as follows: from the intersection of East North Avenue and Harford Avenue, southwest on Harford Avenue to the intersection of Harford Avenue and North Central Avenue, south on North Central Avenue to the intersection with East Monument Street, east on East Monument Street to the intersection of East Monument Street and North Wolfe Street, south on North Wolfe Street to the intersection of North Wolfe Street and McElderry Street, east on McElderry Street to the intersection of McElderry Street and North Collington Avenue, south on North Collington Avenue to the intersection of North Collington Avenue and East Fayette Street, east on East Fayette Street to the intersection of East Fayette Street and North Lakewood Avenue, north on North Lakewood Avenue to the intersection of North Lakewood Avenue and East Monument Street, west on East Monument Street to the intersection of East Monument Street and North Luzerne Avenue, north on North Luzerne Avenue to the intersection of North Luzerne Avenue and East Federal Street, west on East Federal Street to the intersection of East Federal Street and North Rose Street, north on North Rose Street to the intersection of North Rose Street and East North Avenue, then west on East North Avenue to the intersection of East North Avenue and Harford Avenue;

(5) from 9 a.m. to 10 p.m. in an area bounded as follows: from the intersection of Belair Road and Anntana Avenue, southwest on Belair Road to the intersection of Belair Road and Frankford Avenue, southeast on Frankford Avenue to the intersection of Frankford Avenue and Sipple Avenue, west on Sipple Avenue to the intersection of Sipple Avenue and Crenshaw Avenue, southeast on Crenshaw Avenue to the intersection of Crenshaw Avenue and Goodnow Road, southeast on Goodnow Road to the intersection of Goodnow Road and Sinclair Lane, northeast on Sinclair Lane to the intersection of Sinclair Lane and Radecke Avenue, west on Radecke Avenue to the intersection of Radecke Avenue and Anntana Avenue, then north on Anntana Avenue to the intersection of Anntana Avenue and Belair Road; and

(6) from 6 a.m. to 2 a.m. the following day in all other locations in the City.

(d) (1) Except as otherwise provided in this subtitle, a holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor:

(i) from 9 a.m. to 2 a.m. the following day in the area specified in the Park Heights Master Plan adopted by the City in 2006; and

(ii) from 6 a.m. to 2 a.m. the following day in all other locations in the City.

(2) Except as provided in § 12–2005 of this subtitle and § 12–903 of this title, the license holder may sell beer, wine, and liquor at a bar or counter on Sunday.

(e) A holder of a Class D beer, wine, and liquor amusement permit may sell all alcoholic beverages at all hours except between 2 a.m. and 6 a.m. each day.

(f) (1) Except as provided in § 12–2005 of this subtitle, a holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday:

(i) from 9 a.m. to 1 a.m. the following day in the area specified in the Park Heights Master Plan adopted by the City in 2006; and

(ii) from 6 a.m. to 1 a.m. the following day in all other locations in the City.

(2) Except as provided in paragraph (3) of this subsection and § 12–2007(b) of this subtitle, the license holder may not exercise the privileges of the license without an amusement permit from 1 a.m. on Sunday to 6 a.m. the following day.

(3) (i) The Board may issue a supplemental license not more than four times during a calendar year to the license holder authorizing the license holder to sell beer, wine, and liquor from 6 a.m. on Sunday to 1 a.m. the following day.

(ii) The fee for the supplemental license is $120 per issuance and is in addition to the annual fee for the underlying Class D beer, wine, and liquor license.

(iii) A holder of a supplemental license shall notify the Board at least 2 weeks in advance of exercising the privileges under the supplemental license.
Md. Code, Corporations and Associations § 12-605 — MD Code / Article gca / Title 12 / Subtitle 6 / Section 12-605
§12–605.
Status: in_force

Articles of merger or consolidation shall state:

(1) The name and jurisdiction of formation or organization of each statutory trust or other business entity which is to merge or consolidate and as to each foreign business entity, the date of its formation, and whether it is registered or qualified to do business in the State;

(2) The name of the successor;

(3) Each county in the State where each entity party to the articles of merger or consolidation has its principal office and any of the parties other than the successor owns an interest in land;

(4) If the successor is a foreign business entity, the location of its principal office in the jurisdiction in which it is organized and the name and address of its resident agent in the State;

(5) That the merger or consolidation has been approved by each statutory trust, other business entity, or foreign business entity that is to merge or consolidate in the manner required by its governing instrument or certificate of trust and by the laws of the place where it is organized;

(6) Any amendment to the certificate of trust of the successor to be effected as part of the merger or consolidation;

(7) (i) The manner and basis of converting or exchanging issued beneficial interests or other ownership interests of each merging or consolidating statutory trust, other business entity, or foreign business entity into:

1. Different beneficial interests or other ownership interests of a statutory trust, another business entity, or foreign business entity; or

2. Any other consideration; and

(ii) The treatment of any beneficial interests or other ownership interests of each merging or consolidating statutory trust, other business entity, or foreign business entity not being converted or exchanged; and

(8) The future effective time, which shall be a time certain, of the merger or consolidation if it is not to be effective on the acceptance for record by the Department of the articles of merger or consolidation.
Md. Code, Criminal Law § 12-212 — MD Code / Article gcr / Title 12 / Subtitle 2 / Section 12-212
§12–212.
Status: in_force

(a) A person may not directly or indirectly barter, sell, or trade or offer by publication or in any other manner to barter, sell, or trade goods or merchandise, in a package or in bulk, in exchange for a scheme or device constituting a gift enterprise.

(b) A person who violates this section is guilty of a misdemeanor and on conviction shall be sentenced to a fine of not less than $50 for each violation.
Md. Code, Criminal Law § 12-304 — MD Code / Article gcr / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) In this section, “eligible organization” means:

(1) a nonprofit organization that:

(i) has been located in a county listed in subsection (b) of this section for at least 5 years before the organization applies for a license under subsection (e) of this section; and

(ii) is a bona fide:

1. fraternal organization;

2. religious organization; or

3. war veterans’ organization; or

(2) a nonprofit organization that has been affiliated with a national fraternal organization for less than 5 years and has been located in a county listed in subsection (b) of this section for at least 50 years before the nonprofit organization applies for a license under subsection (e) of this section.

(b) This section applies in:

(1) Caroline County;

(2) Cecil County;

(3) Dorchester County;

(4) Kent County;

(5) Queen Anne’s County;

(6) Somerset County;

(7) Talbot County;

(8) Wicomico County; and

(9) Worcester County.

(c) (1) In this subsection, a console or set of affixed slot machines is not an individual slot machine.

(2) Notwithstanding any other provision of this subtitle, an eligible organization may own and operate a slot machine if the eligible organization:

(i) obtains a license under subsection (e) of this section for each slot machine;

(ii) owns each slot machine that the eligible organization operates;

(iii) owns not more than five slot machines;

(iv) locates and operates its slot machines at its principal meeting hall in the county in which the eligible organization is located;

(v) does not locate or operate its slot machines in a private commercial facility;

(vi) uses:

1. at least one–half of the net after payout proceeds from its slot machines for the benefit of a charity; and

2. the remainder of the proceeds from its slot machines to further the purposes of the eligible organization;

(vii) does not use any of the proceeds of the slot machine for the financial benefit of an individual; and

(viii) reports annually under affidavit to the State Comptroller:

1. the income of each slot machine; and

2. the disposition of the income from each slot machine.

(d) An eligible organization may not use or operate a slot machine unless:

(1) the slot machine is equipped with a tamperproof meter or counter that accurately records gross receipts; and

(2) the eligible organization keeps an accurate record of the gross receipts and payoffs of the slot machine.

(e) (1) (i) The State Comptroller shall regulate the operation of slot machines under this section.

(ii) The State Comptroller may adopt regulations to implement the requirements of this section, including requiring audits of the annual reports submitted to the State Comptroller under subsection (c)(2)(viii) of this section.

(2) Before an eligible organization may operate a slot machine under this section, the eligible organization shall obtain a license for the slot machine from the State Comptroller.

(3) (i) The State Comptroller shall:

1. charge an annual fee for each license for a machine; and

2. issue a license sticker to the applicant.

(ii) The applicant shall place the sticker on the slot machine.

(iii) The State Comptroller shall set the amount of the annual fee so that the total proceeds of the annual fee equal an amount directly related to administrative costs of the State Comptroller to regulate the operation of slot machines under this section.

(4) In the application to the State Comptroller for a license, one of the principal officers of the eligible organization shall certify under affidavit that the organization:

(i) is an eligible organization; and

(ii) will comply with this section.

(f) (1) A principal officer of the eligible organization may not intentionally misrepresent a statement of fact on the application.

(2) A person who violates this subsection is guilty of perjury and on conviction is subject to the penalty provided under Title 9, Subtitle 1 of this article.

(g) The Comptroller may not issue a license for a slot machine to an eligible organization located in Ocean City that is located east of South and North Baltimore Avenues.
Md. Code, Education § 12-122 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-122
§12–122.
Status: in_force

On or before January 1, 2023, the University System of Maryland shall manage the development of an antibias education program that provides antibias education relevant to the provisions of Title 10, Subtitle 3 of the Criminal Law Article.
Md. Code, Commercial Law § 12-101 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

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

(b) “Borrower” means a person who borrows money under this subtitle.

(c) “Commercial loan” means a loan which is made:

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

(2) To any business or commercial organization.

(d) “Effective rate of simple interest” means the yield to maturity rate of interest received or to be received by a lender on the face amount of a loan, computed in accordance with § 12–107 of this subtitle.

(e) “Interest” means, except as specifically provided in § 12–105 of this subtitle or § 12–1501 of this title, any compensation directly or indirectly imposed by a lender for the extension of credit for the use or forbearance of money, including any loan fee, origination fee, service and carrying charge, investigator’s fee, time–price differential, and any amount payable as a discount or point or otherwise payable for services.

(f) “Lender” means a licensee or a person who makes a loan subject to this subtitle.

(g) “Licensee” means a person that is required to be licensed to make loans subject to this subtitle, regardless of whether the person is actually licensed.

(h) (1) “Loan” means a loan or an advance of money or credit subject to this subtitle, regardless of whether the loan or advance of money or credit is or purports to be made under this subtitle.

(2) “Loan” does not include:

(i) A loan or advance of money or credit subject to Subtitle 3 of this title, unless a written election is made under § 12–101.1 of this subtitle;

(ii) A plan or loan for which a written election is made under Subtitle 3, Subtitle 4, Subtitle 9, or Subtitle 10 of this title; or

(iii) An installment sale agreement as defined in § 12–601 of this title.

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

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

(k) “Point” means a fee, premium, bonus, loan origination fee, service charge, or any other charge equal to 1 percent of the principal amount of a loan which is charged by the lender at or before the time the loan is made as additional compensation for the loan.

(l) “Simple interest” means interest charged on the principal amount loaned to the borrower.

(m) “Stated rate of interest” means the annual rate of interest stated in percentage which appears on the face of the bond, draft, mortgage, deed of trust, security agreement, promissory note, or other instrument which evidences the indebtedness.

(n) (1) “Tip” means a voluntary payment by a consumer to a lender or third party who provides or arranges a loan:

(i) Made at the time of the transaction in recognition of the lender’s or third party’s provision or arrangement of the loan;

(ii) Made at the sole discretion of the consumer; and

(iii) That does not affect the willingness of the lender or third party to provide or arrange the loan or any future loan or affect the terms of any loan.

(2) “Tip” does not include any payment made by a consumer for expedited processing or disbursement or for a membership, registration, or subscription fee.

(o) “Usury” means the charging of interest by a lender in an amount which is greater than that allowed by this subtitle.

(p) “Wages” means all remuneration paid to any employee for the employee’s employment, including the cash value of all remuneration paid in any medium other than cash.
Md. Code, Commercial Law § 12-924 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-924
§12–924.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, this section applies only to a plan between a credit grantor and a consumer borrower under which a credit grantor has taken any property as security for credit extended under the plan.

(2) This section does not apply to a loan to which § 3-105.1 of the Real Property Article applies.

(b) A credit grantor shall release any recorded mortgage, deed of trust, security agreement, or other lien securing the extension of credit within a reasonable time after:

(1) The outstanding unpaid indebtedness under a plan has been paid in full;

(2) There are no further obligations of the credit grantor or the consumer borrower under the plan; and

(3) The account under the plan is closed.

(c) The release shall be:

(1) In writing; and

(2) Prepared at the expense of the credit grantor.

(d) (1) If the credit grantor does not record the release, the credit grantor shall furnish the consumer borrower with the release in a recordable form.

(2) If the credit grantor records the release, the credit grantor shall furnish the consumer borrower with a copy of the release.

(e) (1) If a fee is collected by a credit grantor for the recording of a release:

(i) The release shall be recorded by the credit grantor; and

(ii) Any portion of the fee not paid to a governmental entity for recording the release shall be refunded to the borrower.

(2) If a fee is not collected by a credit grantor for the recording of a release, the credit grantor is not obligated to record the release.
Md. Code, Commercial Law § 12-612 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-612
§12–612.
Status: in_force

(a) Notwithstanding the provisions of § 12-601(k) of this subtitle, for the purposes of this section, “goods” means any personal property bought for use primarily for personal, family, or household purposes regardless of the cash price of the goods.

(b) A buyer may prepay at any time, without penalty, all or part of the outstanding balance payable under an installment sale agreement relating to consumer goods.

(c) (1) Except as provided in subsection (d) of this section, if the buyer pays the balance in full before maturity, the holder immediately shall refund to him a portion of the finance charge, including the charge provided for in § 12-610(2) of this subtitle.

(2) The amount of the refund shall be calculated according to the actuarial method based on the original schedule of payments.

(d) If a prepayment is made, the holder is entitled to retain a finance charge of at least $6.

(e) If the amount of the credit prepayment is less than $1, no refund need be made.
Md. Code, Business Occupations and Professions § 12-306 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) If an applicant qualifies for a journey plumber license, a master plumber license, a limited license, a master natural gas fitters license, a journeyman natural gas fitters license, an apprentice natural gas fitters license, or a propane gas fitter certificate under this subtitle, the Board shall send the applicant a notice that states that:

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

(2) the Board will issue a license to the applicant on receipt of:

(i) if contracting in the name of the applicant or another person to provide plumbing services, proof of the liability insurance as required under § 12–501 of this title; and

(ii) a license fee set by the Board.

(b) On payment of the appropriate license fee and, if applicable, receipt of the proof of the insurance required under § 12–501 of this title, the Board shall issue a license to each applicant who meets the requirements of this subtitle.

(c) (1) Any master plumber, journey plumber, or apprentice holding a valid license is eligible to participate in a Board–approved cross connection/backflow prevention certification program to be certified as an approved cross connection/backflow prevention technician.

(2) Only a master plumber or journey plumber possessing certification shall be authorized to certify the installation and testing of mechanical cross connection control devices.

(3) For the purpose of certification of the installation and testing of mechanical cross connection control devices, a local jurisdiction may adopt regulations or enact laws that have qualifications comparable to or more stringent than paragraph (2) of this subsection.
Md. Code, Alcoholic Beverages and Cannabis § 12-1305 — MD Code / Article gab / Title 12 / Subtitle 13 / Section 12-1305
§12–1305.
Status: in_force

(a) (1) There is a Baltimore Wine Festival (WF) license.

(2) The Board may issue not more than four licenses each year.

(b) The Board may issue the license to a holder of a retail license, Class 3 winery license, or Class 4 winery license.

(c) The license authorizes the holder to display and sell wine.

(d) The license holder shall display and sell wine:

(1) at retail for on– and off–premises consumption; and

(2) during the hours and days designated for a wine festival.

(e) The Board:

(1) may select four 4–day periods annually for the wine festival;

(2) except as provided in item (3) of this subsection, shall choose a location for a festival for which a license has not been issued; and

(3) may not issue a license for use in election district 46, except for the 1st precinct of the 22nd ward.

(f) The license holder may hold another alcoholic beverages license of a different class or nature.

(g) The Board shall set the license fee.

(h) The Board shall adopt regulations to carry out this section.
Md. Code, Alcoholic Beverages and Cannabis § 12-1506 — MD Code / Article gab / Title 12 / Subtitle 15 / Section 12-1506
§12–1506.
Status: in_force

(a) The notice of license application required under § 4–208 of this article shall be published in two newspapers of general circulation in the City.

(b) (1) This subsection applies to an application for a new license, a change in the class of a license, a request for live entertainment on the licensed premises, and an extension of the licensed premises.

(2) In addition to the newspaper notice required under § 4–208 of this article, the Board shall post a suitable notice in a conspicuous place at the location described in the application for at least 10 days before holding a hearing on the application.

(3) A notice under this subsection shall state the class of license for which application is made and the date, time, and place set by the Board for an application hearing.
Md. Code, Labor and Employment § 12-402 — MD Code / Article gle / Title 12 / Subtitle 4 / Section 12-402
§12–402.
Status: in_force

(a) (1) After the Board opens the Program for enrollment, covered employers shall establish a payroll deposit retirement savings arrangement to allow employee participation in the Program.

(2) A covered employer shall automatically enroll a covered employee in the Program, unless the employee elects to opt out in accordance with procedures established by the Board.

(b) If a covered employer is not in compliance with subsection (a) of this section, the covered employer may not receive a waiver of the filing fee under § 1–203(b)(13) of the Corporations and Associations Article.

(c) Employers shall retain the option at all times to set up any type of employer–offered savings arrangement instead of having a payroll deposit retirement savings arrangement to allow employee participation in the Program.

(d) Compliance with this title and participation in the Program by itself does not create a fiduciary obligation of an employer with respect to the operation of the Program or funds contributed to the Program.
Md. Code, Health Occupations § 12-601 — MD Code / Article gho / Title 12 / Subtitle 6 / Section 12-601
§12–601.
Status: in_force

(a) Subject to the hearing provisions of § 12–315 of this title, for a violation of this subtitle, Subtitle 6C of this title, or any regulation adopted under Subtitle 6C of this title, the Board may:

(1) Deny a permit to an applicant;

(2) Reprimand a permit holder;

(3) Place a permit holder on probation; or

(4) Suspend or revoke a permit.

(b) A person aggrieved by a final action of the Board under this subtitle or Subtitle 6C of this title may appeal as provided under Title 10, Subtitle 2 of the State Government Article.
Md. Code, Economic Development § 12-607 — MD Code / Article gec / Title 12 / Subtitle 6 / Section 12-607
§12–607.
Status: in_force

(a) (1) Except as limited by its articles of incorporation, a district corporation has all the powers set forth in this subtitle.

(2) A district corporation may:

(i) receive money from its incorporating county or municipal corporation, the State, other governmental units, or nonprofit organizations;

(ii) charge fees for its services;

(iii) have employees and consultants as it considers necessary; and

(iv) use the services of other governmental units.

(b) A district corporation shall operate and exercise its powers solely to accomplish one or more of the legislative purposes of this subtitle.
Md. Code, Economic Development § 12-1012 — MD Code / Article gec / Title 12 / Subtitle 10 / Section 12-1012
§12–1012.
Status: in_force

(a) The governing body of the county in which a district is established under this subtitle shall:

(1) review the effectiveness and desirability of continuing the district every 3 years from the time the district is authorized by local law under § 12–1004 of this subtitle; and

(2) develop policies and procedures for evaluating the desirability of continuing the district if requested by members of the district.

(b) If the continuing existence of the district is not approved by the governing body:

(1) the district shall cease to exist as directed by the governing body; and

(2) the district corporation shall continue its existence only as long as necessary to terminate operation in a reasonable manner.
Md. Code, State Finance and Procurement § 12-503 — MD Code / Article gsf / Title 12 / Subtitle 5 / Section 12-503
§12–503.
Status: in_force

This subtitle applies to an entity that:

(1) had direct involvement in the deportation of victims; and

(2) submits a bid or offer to a unit of State or local government on a procurement contract to provide MARC service that is funded in whole or in part with public funds.
Md. Code, Election Law § 12-203 — MD Code / Article gel / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: in_force

(a) A proceeding under this subtitle shall be conducted in accordance with the Maryland Rules, except that:

(1) the proceeding shall be heard and decided without a jury and as expeditiously as the circumstances require;

(2) on the request of a party or sua sponte, the chief administrative judge of the circuit court may assign the case to a three–judge panel of circuit court judges; and

(3) an appeal shall be taken directly to the Supreme Court of Maryland within 5 days of the date of the decision of the circuit court.

(b) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under subsection (a)(3) of this section as expeditiously as the circumstances require.
Md. Code, Commercial Law § 12-302 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-302
§12–302.
Status: in_force

A person may not engage in the business of making loans under this subtitle unless the person is licensed under or is exempt from the licensing requirements of Title 11, Subtitle 2 of the Financial Institutions Article, the Maryland Consumer Loan Law -- Licensing Provisions.
Md. Code, Economic Development § 12-803 — MD Code / Article gec / Title 12 / Subtitle 8 / Section 12-803
§12–803.
Status: in_force

(a) In addition to powers granted by law, the county is authorized, as specified by local law:

(1) to acquire, within the boundary lines of West Baltimore County, land and property of every kind, and any right, interest, franchise, easement, or privilege in the property, by purchase, lease, gift, condemnation, or any other legal means, for residential, commercial, or industrial development or redevelopment, including comprehensive renovation or rehabilitation of the land or property;

(2) to develop or redevelop, including the comprehensive renovation or rehabilitation of, any land or property acquired by any of the methods described under item (1) of this subsection; and

(3) to sell, lease, convey, transfer, or otherwise dispose of any of the land or property, regardless of whether the land or property has been developed, redeveloped, altered, or improved and irrespective of the manner or means in or by which the land or property may have been acquired, to any private, public, or quasi–public corporation, partnership, association, person, or other legal entity for residential, commercial, or industrial development or redevelopment, including comprehensive renovation or rehabilitation of the land or property.

(b) Land or property taken by the county for any of the purposes described under subsection (a) of this section or in connection with the exercise of any of the powers that may be granted to the county under this section, or by any powers conferred by additional laws by exercising the power of eminent domain, may not be taken without just compensation, as agreed on between the parties or awarded by a jury, being first paid or tendered to the party entitled to that compensation.

(c) All land or property needed, or taken by the exercise of the power of eminent domain, by the county for any of the purposes described under subsection (a) of this section or in connection with the exercise of any of the powers that may be granted to the county under this section shall be deemed to be needed or taken for a public use or a public benefit.

(d) Land or property owned by the federal government, the State, or a local government, or an agency of the federal government, the State, or a local government, may not be acquired by the county by exercise of the power of eminent domain without the prior consent of the government or agency that owns the land or property.