Md. Code, Education § 6-113.2 — MD Code / Article ged / Title 6 / Subtitle 1 / Section 6-113.2
§6–113.
Status: in_force

§6–113.2. IN EFFECT

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

(2) “Child sexual abuse” has the meaning stated in § 6–113.1 of this subtitle.

(3) (i) “Contracting agency” means an entity that contracts with a county board or nonpublic school to provide a service to a school or the students of a school.

(ii) “Contracting agency” includes an entity that provides transportation to and from a school using a vehicle other than a Type I or Type II school vehicle, in accordance with § 7–801 of this article.

(4) “Direct contact with minors” means the care, supervision, guidance, or control of, or routine interaction with, a minor.

(5) “Emergent employee” means an employee hired by a county board or nonpublic school without completing the employment history review required under this section.

(6) “School” means a public or nonpublic school.

(7) “Sexual misconduct” has the meaning stated in § 6–113.1 of this subtitle.

(b) A county board, nonpublic school, or contracting agency shall require an applicant for a position involving direct contact with minors to submit:

(1) The contact information of the following employers:

(i) The current employer;

(ii) All former school employers, including employers for which the applicant was an emergent employee; and

(iii) All former employers of the applicant in which the applicant was employed in a position involving direct contact with minors within the previous 10 years;

(2) A written consent form, signed by the applicant, authorizing an employer listed under item (1) of this subsection to release all records relating to child sexual abuse or sexual misconduct; and

(3) A written statement of whether the applicant:

(i) Has been the subject of a child sexual abuse or sexual misconduct investigation by any employer, arbitrator, county board, State licensing agency, law enforcement agency, or child protective services agency, unless the investigation resulted in a finding by:

1. The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;

2. An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;

3. A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to:

A. State law; or

B. The policies of the county board or nonpublic school;

4. A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or

5. A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out;

(ii) Has ever been disciplined, discharged, nonrenewed, or asked to resign from employment, or has ever resigned from or otherwise separated from any employment while allegations of child sexual abuse or sexual misconduct were pending or were under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct; or

(iii) Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child sexual abuse or sexual misconduct were pending or under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct.

(c) Except as provided in subsection (g) of this section, before hiring an applicant for a position involving direct contact with minors, the county board, nonpublic school, or contracting agency shall:

(1) Review an applicant’s employment history by contacting the employers listed by the applicant under subsection (b)(1) of this section and requesting the following information:

(i) The dates of employment of the applicant; and

(ii) Answers to the questions regarding child sexual abuse or sexual misconduct required under subsection (b)(3) of this section; and

(2) Request a report from the Department regarding the applicant’s eligibility for employment or certification status to determine whether the applicant:

(i) Holds a valid and active certification appropriate for the position and is otherwise eligible for employment; and

(ii) Has been the subject of professional discipline related to child sexual abuse or sexual misconduct.

(d) (1) Not later than 20 days after receiving a request for information under subsection (c) of this section, an employer shall send to the county board, nonpublic school, or contracting agency the information requested on the form prescribed by the Department.

(2) If the information from an employer includes an affirmative response to the child sexual abuse or sexual misconduct questions under subsection (b)(3) of this section, and the county board, nonpublic school, or contracting agency makes a determination to further consider the applicant for employment, the county board, nonpublic school, or contracting agency shall request that the former employer provide additional information about the information provided, including all records related to child sexual abuse or sexual misconduct.

(3) An employer that receives a request for additional information under paragraph (1) of this subsection shall provide the additional information within 60 days of the date of the prospective employer’s request to:

(i) The requesting county board, nonpublic school, or contracting agency; and

(ii) The applicant who is under consideration for employment.

(e) (1) A county board or nonpublic school may hire an applicant as an emergent employee for a period not to exceed 60 days pending the review of information and records required under this section only if:

(i) The applicant has provided all the information and supporting documentation required under this section;

(ii) An employer has no knowledge of information regarding the applicant that would disqualify the applicant from employment;

(iii) The applicant swears or affirms that the applicant is not disqualified from employment; and

(iv) The applicant is not authorized to work alone with minors unless the applicant:

1. Works in the immediate vicinity of a permanent employee; or

2. If the applicant is a school vehicle driver, is subject to audio and video monitoring and recording, which is promptly reviewed by school administrators.

(2) Based on the employment history review required under subsection (c) of this section, at any time within 60 days after hiring an applicant as an emergent employee, the county board or nonpublic school may:

(i) Rescind the offer of employment; or

(ii) Complete the emergent employee’s hiring process, in accordance with the provisions of this title, with any executed contract reflecting the first day worked as an emergent employee.

(3) Within 60 days after hiring an applicant as an emergent employee, a county board’s decision to dismiss the emergent employee, for any reason other than child sexual abuse or sexual misconduct, may be appealed:

(i) In accordance with § 4–205 of this article;

(ii) In accordance with the collective bargaining agreement applicable to the emergent employee; or

(iii) If applicable, in accordance with § 6–202 of this title.

(f) (1) A county board or nonpublic school is authorized to share an employment history review required under subsection (c) of this section with other county boards and nonpublic schools.

(2) A contracting agency is authorized to share an employment history review required under subsection (c) of this section with other contracting agencies.

(g) (1) A county board or nonpublic school may use an employment history review completed by a current or former employer in the manner required under subsection (c) of this section if the employer is a county board or nonpublic school and the applicant:

(i) Swears or affirms that the completed employment history review includes all prior employment required to be reported under this section; and

(ii) Provides information about any employment subsequent to the previous employment history review by the current or former county board or nonpublic school.

(2) A contracting agency may use an employment history review completed by a current or former employer in the manner required under subsection (c) of this section if the employer is a contracting agency and the applicant:

(i) Swears or affirms that the completed employment history review includes all prior employment required to be reported under this section; and

(ii) Provides information about any employment subsequent to the previous employment history review by the contracting agency.

(h) (1) (i) A county board, nonpublic school, or contracting agency shall conduct an employment history review of an applicant for a substitute position involving direct contact with minors as required under subsection (c) of this section before the initial hiring of the substitute employee or placement on the approved substitute employee list of the county board, nonpublic school, or contracting agency.

(ii) An employment history review of a substitute employee shall remain valid as long as the substitute employee continues to be employed by the same county board or remains on the approved substitute employee list of the nonpublic school or contracting agency.

(2) If a substitute employee is seeking to be added to the substitute employee list of another county board, nonpublic school, or contracting agency, a new employment history review in accordance with subsection (c) of this section is required.

(3) The appearance of a substitute employee on the substitute employee list of one county board, nonpublic school, or contracting agency does not relieve another county board, nonpublic school, or contracting agency of the duty of compliance with this section.

(4) An employment history review conducted on the initial hiring of a substitute employee by a contracting agency, an intermediate unit, or any other entity that provides substitute staffing services to a county board or a nonpublic school shall satisfy the requirements of this section for all school entities using the services of that contracting agency, intermediate unit, or other entity.

(5) A contracting agency, an intermediate unit, or any other entity providing substitute staffing services to a school entity shall comply with the provisions of this section.

(i) (1) (i) A contracting agency shall conduct an employment history review of an applicant for employment with the contracting agency as required under subsection (c) of this section:

1. At the time of the initial hiring of the employee; or

2. Before the employee is assigned to work for a school entity in a position involving direct contact with minors.

(ii) The employment history review under subparagraph (i) of this paragraph shall remain valid as long as the employee continues to be employed by the hiring contracting agency.

(iii) A contracting agency shall:

1. Maintain a record of each employee’s employment history review required under this subsection; and

2. On request of the school entity to which an employee is assigned, provide access to the contracting agency’s records of that employee.

(2) (i) Before assigning an employee to perform work for a school entity in a position involving direct contact with minors, a contracting agency shall provide notice to the school entity of any affirmative responses to the child sexual abuse or sexual misconduct questions required under subsection (b)(3) of this section.

(ii) A contracting agency may not assign an employee to perform work for a school entity in a position involving direct contact with minors if the school entity objects to the assignment after receiving the notice required under subparagraph (i) of this paragraph.

(j) (1) Information and records about an applicant received by a county board, nonpublic school, or contracting agency under this section are not a public record for the purposes of the Maryland Public Information Act.

(2) A county board, nonpublic school, or contracting agency that receives information and records from an employer about an applicant under this section may:

(i) Use the information and records for the purpose of evaluating the applicant’s fitness to be hired or for continued employment; and

(ii) Report the information to the Department, a State licensing agency, a law enforcement agency, a child protective services agency, another school entity, or any other prospective employer, as appropriate.

(k) (1) A county board, nonpublic school, or contracting agency may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement that:

(i) Has the effect of suppressing information relating to an investigation or disciplinary action in response to a report of suspected child sexual abuse or sexual misconduct by a current or former employee;

(ii) Affects the ability of the county board, nonpublic school, or contracting agency to report suspected child sexual abuse or sexual misconduct to the appropriate authorities; or

(iii) Requires the county board, nonpublic school, or contracting agency to expunge information about allegations or findings of suspected child sexual abuse or sexual misconduct from any document maintained by the employer unless the investigation resulted in a finding by:

1. The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;

2. An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;

3. A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to:

A. State law; or

B. The policies of the county board or nonpublic school;

4. A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or

5. A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out.

(2) A provision of an employment contract, an agreement for resignation or termination, or a severance agreement that is executed, amended, or entered into on or after July 1, 2019, and that is contrary to this section is void and unenforceable.

(l) If there is a lapse in the operation of or the Department suspends the use of a system or database that the Department uses to check an applicant’s eligibility for employment or certification status, the Department shall notify the county boards, nonpublic schools, and any contracting agencies within 48 hours of the lapse or the suspension of the use of the system or database.

(m) (1) A person acting in good faith may not be held liable for disclosing any information or records related to child sexual abuse or sexual misconduct about a current or former employee’s professional conduct or reason for termination of employment to a county board, a nonpublic school, a contracting agency, the Department, or any other potential employer in accordance with this section unless the person:

(i) Acted with actual malice toward the employee or former employee; or

(ii) Intentionally or recklessly disclosed false information about the employee or former employee.

(2) The immunity from liability under paragraph (1) of this subsection shall be in addition to, and not a limitation of, any other immunity provided by law or any absolute or conditional privilege applicable to the disclosure of information or records or the applicant’s consent to the disclosure.

(n) (1) An applicant who provides false information or willfully fails to disclose material information required under this section shall be subject to professional discipline, including termination or denial of employment, and may be subject to professional discipline in accordance with the regulations of the Department.

(2) (i) Subject to subparagraph (ii) of this paragraph, the willful failure of an employer or former employer to respond to or provide the information and records requested by a county board, nonpublic school, or contracting agency under this section may result in civil penalties or professional discipline, if appropriate.

(ii) An employer or a former employer may not be held liable for failure to respond to a request for information about an applicant under this section if:

1. The laws of the state in which the employer or former employer is located prohibit the release of the information or records requested; or

2. The disclosure of the information and records requested is restricted by the terms of a contract entered into on or before June 30, 2019.

(3) (i) Notwithstanding any other provision of law, the Department may initiate disciplinary action before a hearing officer in accordance with the Department’s regulations against an applicant, an employee, a contracting agency, or a school administrator for willful violations of this section.

(ii) The Department may adopt regulations establishing procedures for disciplinary proceedings and the assessment of penalties in accordance with this section.

(o) Nothing in this section shall be construed:

(1) To prevent a county board, nonpublic school, or contracting agency from:

(i) Conducting further investigations of prospective employees;

(ii) Requesting applicants to provide additional background information or authorizations beyond the information or authorizations required under this section; or

(iii) Requesting that an employer or a former employer provide more information than is required under this section;

(2) To relieve a county board, a nonpublic school, a contracting agency, or any other mandated reporter of the legal responsibility to report suspected incidents of child sexual abuse or sexual misconduct in accordance with State law or the reporting requirements of the Department; or

(3) To prohibit the right of an exclusive representative under a collective bargaining agreement to grieve and arbitrate the validity of an employee’s termination or discipline for just cause or for the causes set forth in this section.

§6–113.2. // EFFECTIVE JUNE 30, 2026 PER CHAPTERS 197 AND 198 OF 2021 //

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

(2) “Child sexual abuse” has the meaning stated in § 6–113.1 of this subtitle.

(3) “Contracting agency” means an entity that contracts with a county board or nonpublic school to provide a service to a school or the students of a school.

(4) “Direct contact with minors” means the care, supervision, guidance, or control of, or routine interaction with, a minor.

(5) “Emergent employee” means an employee hired by a county board or nonpublic school without completing the employment history review required under this section.

(6) “School” means a public or nonpublic school.

(7) “Sexual misconduct” has the meaning stated in § 6–113.1 of this subtitle.

(b) A county board, nonpublic school, or contracting agency shall require an applicant for a position involving direct contact with minors to submit:

(1) The contact information of the following employers:

(i) The current employer;

(ii) All former school employers, including employers for which the applicant was an emergent employee; and

(iii) All former employers of the applicant in which the applicant was employed in a position involving direct contact with minors within the previous 10 years;

(2) A written consent form, signed by the applicant, authorizing an employer listed under item (1) of this subsection to release all records relating to child sexual abuse or sexual misconduct; and

(3) A written statement of whether the applicant:

(i) Has been the subject of a child sexual abuse or sexual misconduct investigation by any employer, arbitrator, county board, State licensing agency, law enforcement agency, or child protective services agency, unless the investigation resulted in a finding by:

1. The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;

2. An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;

3. A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to:

A. State law; or

B. The policies of the county board or nonpublic school;

4. A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or

5. A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out;

(ii) Has ever been disciplined, discharged, nonrenewed, or asked to resign from employment, or has ever resigned from or otherwise separated from any employment while allegations of child sexual abuse or sexual misconduct were pending or were under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct; or

(iii) Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child sexual abuse or sexual misconduct were pending or under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct.

(c) Except as provided in subsection (g) of this section, before hiring an applicant for a position involving direct contact with minors, the county board, nonpublic school, or contracting agency shall:

(1) Review an applicant’s employment history by contacting the employers listed by the applicant under subsection (b)(1) of this section and requesting the following information:

(i) The dates of employment of the applicant; and

(ii) Answers to the questions regarding child sexual abuse or sexual misconduct required under subsection (b)(3) of this section; and

(2) Request a report from the Department regarding the applicant’s eligibility for employment or certification status to determine whether the applicant:

(i) Holds a valid and active certification appropriate for the position and is otherwise eligible for employment; and

(ii) Has been the subject of professional discipline related to child sexual abuse or sexual misconduct.

(d) (1) Not later than 20 days after receiving a request for information under subsection (c) of this section, an employer shall send to the county board, nonpublic school, or contracting agency the information requested on the form prescribed by the Department.

(2) If the information from an employer includes an affirmative response to the child sexual abuse or sexual misconduct questions under subsection (b)(3) of this section, and the county board, nonpublic school, or contracting agency makes a determination to further consider the applicant for employment, the county board, nonpublic school, or contracting agency shall request that the former employer provide additional information about the information provided, including all records related to child sexual abuse or sexual misconduct.

(3) An employer that receives a request for additional information under paragraph (1) of this subsection shall provide the additional information within 60 days of the date of the prospective employer’s request to:

(i) The requesting county board, nonpublic school, or contracting agency; and

(ii) The applicant who is under consideration for employment.

(e) (1) A county board or nonpublic school may hire an applicant as an emergent employee for a period not to exceed 60 days pending the review of information and records required under this section only if:

(i) The applicant has provided all the information and supporting documentation required under this section;

(ii) An employer has no knowledge of information regarding the applicant that would disqualify the applicant from employment;

(iii) The applicant swears or affirms that the applicant is not disqualified from employment; and

(iv) The applicant is not authorized to work alone with minors unless the applicant:

1. Works in the immediate vicinity of a permanent employee; or

2. If the applicant is a school vehicle driver, is subject to audio and video monitoring and recording, which is promptly reviewed by school administrators.

(2) Based on the employment history review required under subsection (c) of this section, at any time within 60 days after hiring an applicant as an emergent employee, the county board or nonpublic school may:

(i) Rescind the offer of employment; or

(ii) Complete the emergent employee’s hiring process, in accordance with the provisions of this title, with any executed contract reflecting the first day worked as an emergent employee.

(3) Within 60 days after hiring an applicant as an emergent employee, a county board’s decision to dismiss the emergent employee, for any reason other than child sexual abuse or sexual misconduct, may be appealed:

(i) In accordance with § 4–205 of this article;

(ii) In accordance with the collective bargaining agreement applicable to the emergent employee; or

(iii) If applicable, in accordance with § 6–202 of this title.

(f) (1) A county board or nonpublic school is authorized to share an employment history review required under subsection (c) of this section with other county boards and nonpublic schools.

(2) A contracting agency is authorized to share an employment history review required under subsection (c) of this section with other contracting agencies.

(g) (1) A county board or nonpublic school may use an employment history review completed by a current or former employer in the manner required under subsection (c) of this section if the employer is a county board or nonpublic school and the applicant:

(i) Swears or affirms that the completed employment history review includes all prior employment required to be reported under this section; and

(ii) Provides information about any employment subsequent to the previous employment history review by the current or former county board or nonpublic school.

(2) A contracting agency may use an employment history review completed by a current or former employer in the manner required under subsection (c) of this section if the employer is a contracting agency and the applicant:

(i) Swears or affirms that the completed employment history review includes all prior employment required to be reported under this section; and

(ii) Provides information about any employment subsequent to the previous employment history review by the contracting agency.

(h) (1) (i) A county board, nonpublic school, or contracting agency shall conduct an employment history review of an applicant for a substitute position involving direct contact with minors as required under subsection (c) of this section before the initial hiring of the substitute employee or placement on the approved substitute employee list of the county board, nonpublic school, or contracting agency.

(ii) An employment history review of a substitute employee shall remain valid as long as the substitute employee continues to be employed by the same county board or remains on the approved substitute employee list of the nonpublic school or contracting agency.

(2) If a substitute employee is seeking to be added to the substitute employee list of another county board, nonpublic school, or contracting agency, a new employment history review in accordance with subsection (c) of this section is required.

(3) The appearance of a substitute employee on the substitute employee list of one county board, nonpublic school, or contracting agency does not relieve another county board, nonpublic school, or contracting agency of the duty of compliance with this section.

(4) An employment history review conducted on the initial hiring of a substitute employee by a contracting agency, an intermediate unit, or any other entity that provides substitute staffing services to a county board or a nonpublic school shall satisfy the requirements of this section for all school entities using the services of that contracting agency, intermediate unit, or other entity.

(5) A contracting agency, an intermediate unit, or any other entity providing substitute staffing services to a school entity shall comply with the provisions of this section.

(i) (1) (i) A contracting agency shall conduct an employment history review of an applicant for employment with the contracting agency as required under subsection (c) of this section:

1. At the time of the initial hiring of the employee; or

2. Before the employee is assigned to work for a school entity in a position involving direct contact with minors.

(ii) The employment history review under subparagraph (i) of this paragraph shall remain valid as long as the employee continues to be employed by the hiring contracting agency.

(iii) A contracting agency shall:

1. Maintain a record of each employee’s employment history review required under this subsection; and

2. On request of the school entity to which an employee is assigned, provide access to the contracting agency’s records of that employee.

(2) (i) Before assigning an employee to perform work for a school entity in a position involving direct contact with minors, a contracting agency shall provide notice to the school entity of any affirmative responses to the child sexual abuse or sexual misconduct questions required under subsection (b)(3) of this section.

(ii) A contracting agency may not assign an employee to perform work for a school entity in a position involving direct contact with minors if the school entity objects to the assignment after receiving the notice required under subparagraph (i) of this paragraph.

(j) (1) Information and records about an applicant received by a county board, nonpublic school, or contracting agency under this section are not a public record for the purposes of the Maryland Public Information Act.

(2) A county board, nonpublic school, or contracting agency that receives information and records from an employer about an applicant under this section may:

(i) Use the information and records for the purpose of evaluating the applicant’s fitness to be hired or for continued employment; and

(ii) Report the information to the Department, a State licensing agency, a law enforcement agency, a child protective services agency, another school entity, or any other prospective employer, as appropriate.

(k) (1) A county board, nonpublic school, or contracting agency may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement that:

(i) Has the effect of suppressing information relating to an investigation or disciplinary action in response to a report of suspected child sexual abuse or sexual misconduct by a current or former employee;

(ii) Affects the ability of the county board, nonpublic school, or contracting agency to report suspected child sexual abuse or sexual misconduct to the appropriate authorities; or

(iii) Requires the county board, nonpublic school, or contracting agency to expunge information about allegations or findings of suspected child sexual abuse or sexual misconduct from any document maintained by the employer unless the investigation resulted in a finding by:

1. The employer that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to the policies of the county board or nonpublic school;

2. An arbitrator or a county board to reject any disciplinary action in response to allegations that the applicant engaged in sexual misconduct;

3. A State licensing agency that allegations that the applicant engaged in sexual misconduct lacked sufficient evidence according to:

A. State law; or

B. The policies of the county board or nonpublic school;

4. A law enforcement agency that allegations that the applicant engaged in child sexual abuse were unfounded; or

5. A child protective services agency that allegations that the applicant engaged in child sexual abuse were ruled out.

(2) A provision of an employment contract, an agreement for resignation or termination, or a severance agreement that is executed, amended, or entered into on or after July 1, 2019, and that is contrary to this section is void and unenforceable.

(l) If there is a lapse in the operation of or the Department suspends the use of a system or database that the Department uses to check an applicant’s eligibility for employment or certification status, the Department shall notify the county boards, nonpublic schools, and any contracting agencies within 48 hours of the lapse or the suspension of the use of the system or database.

(m) (1) A person acting in good faith may not be held liable for disclosing any information or records related to child sexual abuse or sexual misconduct about a current or former employee’s professional conduct or reason for termination of employment to a county board, a nonpublic school, a contracting agency, the Department, or any other potential employer in accordance with this section unless the person:

(i) Acted with actual malice toward the employee or former employee; or

(ii) Intentionally or recklessly disclosed false information about the employee or former employee.

(2) The immunity from liability under paragraph (1) of this subsection shall be in addition to, and not a limitation of, any other immunity provided by law or any absolute or conditional privilege applicable to the disclosure of information or records or the applicant’s consent to the disclosure.

(n) (1) An applicant who provides false information or willfully fails to disclose material information required under this section shall be subject to professional discipline, including termination or denial of employment, and may be subject to professional discipline in accordance with the regulations of the Department.

(2) (i) Subject to subparagraph (ii) of this paragraph, the willful failure of an employer or former employer to respond to or provide the information and records requested by a county board, nonpublic school, or contracting agency under this section may result in civil penalties or professional discipline, if appropriate.

(ii) An employer or a former employer may not be held liable for failure to respond to a request for information about an applicant under this section if:

1. The laws of the state in which the employer or former employer is located prohibit the release of the information or records requested; or

2. The disclosure of the information and records requested is restricted by the terms of a contract entered into on or before June 30, 2019.

(3) (i) Notwithstanding any other provision of law, the Department may initiate disciplinary action before a hearing officer in accordance with the Department’s regulations against an applicant, an employee, a contracting agency, or a school administrator for willful violations of this section.

(ii) The Department may adopt regulations establishing procedures for disciplinary proceedings and the assessment of penalties in accordance with this section.

(o) Nothing in this section shall be construed:

(1) To prevent a county board, nonpublic school, or contracting agency from:

(i) Conducting further investigations of prospective employees;

(ii) Requesting applicants to provide additional background information or authorizations beyond the information or authorizations required under this section; or

(iii) Requesting that an employer or a former employer provide more information than is required under this section;

(2) To relieve a county board, a nonpublic school, a contracting agency, or any other mandated reporter of the legal responsibility to report suspected incidents of child sexual abuse or sexual misconduct in accordance with State law or the reporting requirements of the Department; or

(3) To prohibit the right of an exclusive representative under a collective bargaining agreement to grieve and arbitrate the validity of an employee’s termination or discipline for just cause or for the causes set forth in this section.
Md. Code, Alcoholic Beverages and Cannabis § 6-105 — MD Code / Article gab / Title 6 / Subtitle 1 / Section 6-105
§6–105.
Status: in_force

(a) When a protest is filed, the circuit court for the county in which the property was seized shall conduct an in rem proceeding to determine whether the property is subject to forfeiture.

(b) (1) If the court determines that the property is subject to forfeiture, the court shall determine whether any lienholder filing a timely protest had knowledge of the intended unlawful use.

(2) If the court determines that a lienholder had knowledge, the lienholder’s right, title, and interest to the property is forfeited.

(3) If the court does not determine that a lienholder had knowledge, but the property is otherwise subject to forfeiture:

(i) the property shall be forfeited; and

(ii) the Comptroller or the Executive Director, as the Comptroller or Executive Director, as appropriate, considers in the best interest of the State, may:

1. pay the outstanding indebtedness secured by the lien and keep the property; or

2. deliver the property to the lienholder.
Md. Code, Housing and Community Development § 6-601 — MD Code / Article ghs / Title 6 / Subtitle 6 / Section 6-601
§6–601.
Status: in_force

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

(b) “Board” means the Community Development Board.

(c) “Fund” means the Community Development Fund.

(d) “Program” means the Community Development Program.
Md. Code, Economic Development § 6-403 — MD Code / Article gec / Title 6 / Subtitle 4 / Section 6-403
§6–403.
Status: in_force

(a) (1) A qualified business entity may claim a project tax credit for the cost of an eligible economic development project in a Tier I county if the total eligible project cost for the eligible economic development project is at least $500,000.

(2) A qualified business entity is not entitled to a project tax credit for a cost incurred before notifying the Department of its intent to seek certification as qualifying for the project tax credit.

(b) (1) (i) Subject to the limitation in paragraph (2) of this subsection, the project tax credit allowed under this section is the lesser of the maximum amount specified in subparagraph (ii) of this paragraph and the total eligible project cost for the eligible economic development project, less the amount of the credit previously taken for the project in prior taxable years.

(ii) For purposes of calculation of the credit under subparagraph (i) of this paragraph, the maximum amount is:

1. $5,000,000, if the qualified business entity creates at least 50 qualified positions;

2. $2,500,000, if the qualified business entity creates at least 25 qualified positions but fewer than 50 qualified positions; or

3. $1,000,000, if the qualified business entity creates at least 10 qualified positions but fewer than 25 qualified positions.

(2) Except as provided in subsections (d) and (e) of this section, the project tax credit allowed in a taxable year may not exceed the State tax for that year on the qualified business entity’s income.

(3) The Department shall certify the amount of the project tax credit for which a qualified business entity is eligible.

(4) (i) A qualified business entity shall report to the Department the amount of the project tax credit that the entity claims on the entity’s tax return for each taxable year that the entity claims any portion of the project tax credit.

(ii) The failure of the qualified business entity to provide the information required under subparagraph (i) of this paragraph shall disqualify the entity from claiming any unclaimed amount of the project tax credit.

(c) A qualified business entity that is subject to taxation under Title 6 of the Insurance Article may claim the project tax credit against the insurance premium tax.

(d) (1) Subject to paragraph (2) of this subsection, if the eligible project cost for the eligible economic development project exceeds the State tax on the qualified business entity’s income, the qualified business entity may apply any excess as a project tax credit for succeeding taxable years against the State tax on the qualified business entity’s income until the earlier of:

(i) the full amount of the excess is used; or

(ii) the expiration of the 10th taxable year following the credit year.

(2) (i) A qualified business entity may claim a prorated share of the credit under this subsection if:

1. during any taxable year after the qualified business entity is certified for the tax credit, the number of qualified positions filled by the qualified business entity falls below the minimum number of qualified positions required to qualify for the project tax credit, but does not fall below 10; and

2. the qualified business entity has maintained at least the minimum number of qualified positions required to qualify for the project tax credit for at least 5 years.

(ii) The prorated share of the credit is calculated based on the number of qualified positions filled for the taxable year divided by the minimum number of qualified positions required to qualify for the project tax credit.

(e) (1) Subject to the limitation in paragraph (4) of this subsection, this subsection applies to any taxable year after the 4th credit year.

(2) A qualified business entity other than a person subject to taxation under Title 6 of the Insurance Article may claim a refund in the amount, if any, by which the qualified business entity’s unused excess exceeds the State tax for the taxable year.

(3) A qualified business entity that is subject to taxation under Title 6 of the Insurance Article may:

(i) apply any excess of eligible project costs for the eligible economic development project over the cumulative amount used as a project tax credit for the taxable year and all prior taxable years as a tax credit against the premium tax imposed for the taxable year; and

(ii) claim a refund in the amount, if any, by which the unused excess exceeds the premium tax for the taxable year.

(4) For any taxable year, the total amount claimed as a refund under this subsection may not exceed the amount of tax that the qualified business entity is required to withhold for the taxable year from the wages of qualified employees under § 10–908 of the Tax – General Article.

(5) (i) A qualified business entity may claim a prorated share of the credit under this subsection if:

1. during any taxable year after the qualified business entity is certified for the tax credit, the number of qualified positions filled by the qualified business entity falls below the minimum number of qualified positions required to qualify for the project tax credit, but does not fall below 10; and

2. the qualified business entity has maintained at least the minimum number of qualified positions required to qualify for the project tax credit for at least 5 years.

(ii) The prorated share of the credit is calculated based on the number of qualified positions filled for the taxable year divided by the minimum number of qualified positions required to qualify for the project tax credit.

(f) A qualified business entity shall attach the certification required under § 6–402 of this subtitle to the tax return on which the project tax credit is claimed.
Md. Code, Environment § 6-1102 — MD Code / Article gen / Title 6 / Subtitle 11 / Section 6-1102
§6–1102.
Status: in_force

After December 31, 1994, each unit sold by a marketer to an end user in this State shall be covered by one or more unit management programs.
Md. Code, Public Utilities § 6-102 — MD Code / Article gpu / Title 6 / Subtitle 1 / Section 6-102
§6–102.
Status: reserved

(a) This section applies only to public service companies that operate in Maryland.

(b) The Commission shall authorize a public service company to issue stocks, bonds, securities, notes, or other evidence of indebtedness, payable wholly or partly more than 12 months after the date of issuance, if the Commission finds that the issuance is reasonably required for the public service company to:

(1) acquire property;

(2) construct, complete, extend, or improve its facilities;

(3) discharge or lawfully refund its obligations;

(4) maintain or improve service; or

(5) reimburse money, not secured by or obtained from the issuance, that is expended for a purpose described in item (1), (2), or (3) of this subsection within 5 years before the filing of an application with the Commission for the reimbursement.

(c) (1) The Commission may authorize a public service company to issue stocks, bonds, securities, notes, or other evidence of indebtedness, payable wholly or partly more than 12 months after the date of issuance, for the public service company to:

(i) conform the aggregate capitalization of the public service company to the value of its property; or

(ii) subject to paragraph (2) of this subsection, pay a dividend in shares of the public service company’s own stock.

(2) An order of the Commission authorizing an issuance under paragraph (1)(ii) of this subsection shall state that:

(i) concurrently with the issuance, the public service company shall transfer from surplus to capital an amount that the Commission determines under paragraph (3) of this subsection; and

(ii) a sum equal to the amount to be transferred has been expended from income or other money in the treasury of the public service company not secured by, obtained from, or reimbursed by the issuance of stocks, bonds, notes, or other evidence of indebtedness of the public service company for a purpose described in subsection (b)(1), (2), or (3) of this section.

(3) The amount that the Commission determines under paragraph (2)(i) of this subsection may not be less than:

(i) the aggregate par value of the stock whose issuance is to be authorized; or

(ii) if the stock has no par value, the capital value of the stock.

(d) (1) An authorization by the Commission under subsection (b) or (c) of this section shall be by order.

(2) The order shall specify:

(i) the amount of the issuance authorized; and

(ii) the purpose under subsection (b) or (c) of this section for which the issuance is reasonably required.

(e) (1) Notwithstanding subsections (b), (c), (d), and (g) of this section, the Commission may approve the issuance of stocks, bonds, securities, notes, or other evidence of indebtedness in connection with the organization of a new public service company by the purchaser of the franchise or property of a public service company sold under judicial proceedings, mortgage, or deed of trust.

(2) An issuance that the Commission approves under this subsection shall be in the amount that the Commission considers necessary fully to protect the rights and equities of the holders of the securities of the predecessor company.

(f) A public service company’s application for authorization under this section of long–term debt in excess of $1,000,000 shall include a copy of any restrictive covenant attached to the debt.

(g) (1) Except as provided in paragraph (2) of this subsection, this section does not prevent a public service company from issuing, without the prior consent of the Commission, notes that are:

(i) for proper corporate purposes;

(ii) not otherwise in violation of the law; and

(iii) payable at periods totaling not more than 12 months after the date of issuance.

(2) Except as authorized under subsection (b) or (c) of this section, notes issued under paragraph (1) of this subsection may not be refunded directly or indirectly, wholly or partly, by an evidence of indebtedness running for more than 12 months.
Md. Code, Business Occupations and Professions § 6-401 — MD Code / Article gbo / Title 6 / Subtitle 4 / Section 6-401
§6–401.
Status: in_force

(a) Subject to the limitations in this subtitle, an individual who holds a State master electrician license or qualifies for a State master electrician license may use the State license to:

(1) obtain a local registration; and

(2) assign that local registration to another person, if authorized by that local jurisdiction, including a sole proprietorship, who engages in the business of providing electrical services.

(b) (1) Subject to the limitations in this section, if an individual obtains a State license on the basis of a local registration under Subtitle 5 of this title and that local registration has been assigned to a person who engages in the business of providing electrical services, the individual shall identify on the State license the person to whom that local registration has been assigned.

(2) Subject to the limitations in this section, if an individual obtains a local registration on the basis of a State master electrician license and intends to assign that local registration to a person who engages in the business of providing electrical services, the individual shall identify on the State license the person to whom that local registration is to be assigned.

(c) (1) If, at the time of application for a State master electrician license, an individual intends to assign a local registration obtained on the basis of the State license, the individual shall:

(i) meet the requirements for issuance of a State license under § 6–309 of this title;

(ii) include, on the application form submitted to the State Board, the name of the person to whom the local registration is to be assigned;

(iii) pay the appropriate State license fee under § 6–309 of this title; and

(iv) submit to the State Board proof of general liability and property damage insurance as required under § 6–604 of this title.

(2) If an individual obtains a State license on the basis of a local registration that has been assigned, the individual shall:

(i) meet the requirements for issuance of a State license under § 6–309 of this title;

(ii) include, on an application form submitted to the State Board, the name of the person to whom the local registration has been assigned;

(iii) pay the appropriate State license fee under § 6–309 of this title; and

(iv) submit to the State Board proof of general liability and property damage insurance, if applicable, as required under § 6–604 of this title.

(3) If, after issuance of a State master electrician license to an individual, the individual intends to assign a local registration obtained on the basis of the State master electrician license, the individual shall:

(i) meet the notification requirements of § 6–314 of this title;

(ii) submit to the State Board an application for identification of the assignment on the State license;

(iii) pay to the State Board an identification fee set by the State Board;

(iv) submit to the State Board proof of general liability and property damage insurance as required under § 6–604 of this title; and

(v) return the State license.

(d) (1) If an individual obtains a local registration by the use of the State master electrician license of the individual, the local registration may be assigned at any 1 time to only 1 person who engages in the business of providing electrical services.

(2) If at any time an individual holds 2 or more current local registrations that were obtained by the use of a State master electrician license, the individual may assign those local registrations only if the assignment is made to the same person.
Md. Code, Education § 6-704.1 — MD Code / Article ged / Title 6 / Subtitle 7 / Section 6-704.1
§6–704.
Status: in_force

§6–704.1.

(a) On or before July 1, 2016, the Board shall require a certificate holder applying for renewal of a certificate as a school counselor to have obtained training in, by a method determined by the Board, the knowledge and skills required to understand and respond to the social, emotional, and personal development of students, including knowledge and skills relating to:

(1) The recognition of indicators of mental illness and behavioral distress, including depression, trauma, violence, youth suicide, and substance abuse; and

(2) The identification of professional resources to help students in crisis.

(b) The training required under subsection (a) of this section shall be commensurate with the duties of a school counselor and may exceed the training required of other school personnel under § 6–122 of this title.

(c) The Board shall adopt regulations to implement the provisions of this section.
Md. Code, Housing and Community Development § 6-710 — MD Code / Article ghs / Title 6 / Subtitle 7 / Section 6-710
§6–710.
Status: in_force

(a) In this section, “Fund” means the National Capital Strategic Economic Development Fund.

(b) There is a National Capital Strategic Economic Development Fund.

(c) The purpose of the Fund is to provide financial assistance under the Program.

(d) The Department shall administer the Fund.

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

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

(f) The Fund consists of:

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

(2) interest earnings of the Fund; and

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

(g) Subject to subsection (k) of this section, the Fund may be used only for providing financial assistance under the Program.

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

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

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

(j) (1) For fiscal year 2021 and each fiscal year thereafter, the Governor shall include in the annual operating budget an appropriation for the Fund in the amount of $200,000.

(2) For fiscal years 2021 through 2024, the Governor shall include in the annual operating or capital budget an appropriation for the Fund in the amount of $7,000,000.

(3) For fiscal year 2025 and each fiscal year thereafter, the Governor shall include in the annual operating or capital budget an appropriation for the Fund in the amount of $12,000,000.

(k) The Fund may be used only for community enhancement projects in sustainable communities located:

(1) in Prince George’s County, at least in part, within the boundary created by Interstate 495 in the State and the District of Columbia; or

(2) in Montgomery County, within an enterprise zone or the boundary created by:

(i) Prince George’s County;

(ii) Maryland Route 200;

(iii) Interstate 270;

(iv) Interstate 495 to the Maryland state line; and

(v) the District of Columbia.
Md. Code, Local Government § 6-102 — MD Code / Article glg / Title 6 / Subtitle 1 / Section 6-102
§6–102.
Status: in_force

(a) (1) Unless State law classifies a violation as a criminal offense, the legislative body of a municipality may provide, by law, that a violation of a municipal ordinance is a municipal infraction.

(2) A municipal infraction is a civil offense.

(b) The legislative body of a municipality may classify as a municipal infraction:

(1) a violation of an ordinance or regulation concerning zoning or land use; and

(2) littering in the municipality as prohibited under § 10–110 of the Criminal Law Article.

(c) (1) A fine not exceeding $5,000 may be imposed for each municipal infraction.

(2) The fine is payable to the municipality by the person charged in the citation within 20 calendar days of service of the citation.
Md. Code, Education § 6-706 — MD Code / Article ged / Title 6 / Subtitle 7 / Section 6-706
§6–706.
Status: in_force

In addition to the powers set forth elsewhere in this subtitle, the Board may adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to carry out the provisions of this subtitle.
Md. Code, Agriculture § 6-209.1 — MD Code / Article gag / Title 6 / Subtitle 2 / Section 6-209.1
§6–209.
Status: in_force

§6–209.1.

(a) A distributor shall maintain, for at least 2 years, a record of all sales or distributions of ammonium nitrate fertilizer including:

(1) The date of sale or delivery of the fertilizer;

(2) The name, address, and copy of the driver’s license or picture identification card of the buyer or recipient;

(3) The quantity of fertilizer sold or delivered; and

(4) Any other information required by the Secretary.

(b) Records maintained pursuant to subsection (a) of this section shall be made available to the Secretary upon request.

(c) (1) Except as provided in paragraph (2) of this subsection, the Secretary shall maintain all records or reports requested under subsection (b) of this section in a manner that protects the identity and location of the distributor and buyer or recipient.

(2) If the Secretary determines that the disclosure is necessary to protect the public, the Secretary may disclose the identity and location of the distributor and buyer or recipient to a federal, State, or local government or unit of government that requests the information in the course of performing its duties related to public safety.

(d) In consultation with the Office of Homeland Security, the Secretary shall adopt regulations to carry out the provisions of this section.
Md. Code, Public Safety § 6-302 — MD Code / Article gps / Title 6 / Subtitle 3 / Section 6-302
§6–302.
Status: in_force

(a) The Secretary shall appoint a State Fire Marshal from a list of three names submitted by the Commission.

(b) The State Fire Marshal shall:

(1) be a graduate of an accredited college or university; and

(2) have 5 years of recent progressively responsible experience, at least 3 years of which shall have been at the administrative level, in fire prevention inspection, fire investigation, fire safety promotion, fire protection engineering, fire fighting, or teaching fire safety engineering.

(c) The State Fire Marshal serves for a term of 6 years.

(d) The State Fire Marshal is in the executive service of the State Personnel Management System.

(e) (1) At any time, the Secretary may remove the State Fire Marshal for neglect of duty or other conduct unbecoming the office.

(2) The Commission may recommend to the Secretary that the State Fire Marshal be removed for cause.

(3) (i) Before removing the State Fire Marshal, the Secretary shall give the State Fire Marshal:

1. timely notice with a statement of the charges; and

2. an opportunity for a public hearing on the charges.

(ii) The State Fire Marshal may be represented at the hearing by counsel.

(f) The State Fire Marshal is entitled to the salary provided in the State budget.
Md. Code, Education § 6-403 — MD Code / Article ged / Title 6 / Subtitle 4 / Section 6-403
§6–403.
Status: in_force

(a) In St. Mary’s County, licensed registered school nurses, Junior Reserve Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of the public school employer shall be included in the unit.

(b) (1) There may not be more than two units in a county.

(2) In Baltimore County, one of the units shall consist of employees who are administrative and supervisory certificated employees. The second unit shall consist of all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle.

(c) All eligible public school employees shall:

(1) Be included in one of these units; and

(2) Have the rights granted in this subtitle and Title 22 of the State Government Article.
Md. Code, Housing and Community Development § 6-707 — MD Code / Article ghs / Title 6 / Subtitle 7 / Section 6-707
§6–707.
Status: in_force

(a) The Department and a recipient of financial assistance from the Program shall execute a Program agreement.

(b) The recipient of financial assistance from the Program shall comply with the terms of the Program agreement.

(c) The Program agreement may not allow for more than 40% of the total financial assistance that the Program provides to be used for operating expenditures.

(d) The Department may exercise any remedy provided under the Program agreement or by law if the recipient of financial assistance from the Program:

(1) violates any provision of the agreement; or

(2) ceases to meet any requirement of this subtitle.
Md. Code, Environment § 6-817 — MD Code / Article gen / Title 6 / Subtitle 8 / Section 6-817
§6–817.
Status: in_force

(a) (1) Except for properties constructed between January 1, 1950, and December 31, 1977, both inclusive, on and after February 24, 2001, an owner of affected properties shall ensure that at least 50% of the owner’s affected properties have satisfied the risk reduction standard specified in § 6–815(a) of this subtitle, without regard to the number of affected properties in which there has been a change in occupancy.

(2) (i) Notwithstanding any other remedy that may be available, an owner who fails to meet the requirements of subsections (a)(1) and (c) of this section shall lose the liability protection under § 6–836 of this subtitle for any alleged injury or loss caused by the ingestion of lead by a person at risk that is first documented by a test for EBL of 20 �g/dl or more performed between February 24, 2001 and February 23, 2006, inclusive, or 15 �g/dl or more performed on or after February 24, 2006, in any of the owner’s units that have not satisfied the risk reduction standard specified in § 6–815(a) of this subtitle and the inspection requirement of subsection (c) of this section.

(ii) On or after the date that the owner meets the requirements of subsections (a)(1) and (c) of this section, the liability protection under § 6–836 of this subtitle shall be reinstated for any alleged injury or loss caused by the ingestion of lead by a person at risk that is first documented by a test for EBL of 20 �g/dl or more performed between February 24, 2001 and February 23, 2006, inclusive, or 15 �g/dl or more performed on or after February 24, 2006.

(b) (1) Except for properties constructed between January 1, 1950, and December 31, 1977, both inclusive, on and after February 24, 2006, an owner of affected properties shall ensure that 100% of the owner’s affected properties in which a person at risk resides, and of whom the owner has been notified in writing, have satisfied the risk reduction standard specified in § 6–815(a) of this subtitle.

(2) (i) Notwithstanding any other remedy that may be available, an owner who fails to meet the requirements of paragraph (1) of this subsection and subsection (c) of this section, or of § 6–819(f) of this subtitle shall lose the liability protection under § 6–836 of this subtitle for any alleged injury or loss caused by the ingestion of lead by a person at risk that is first documented by a test for EBL of 15 �g/dl or more on or after February 24, 2006 in any of the owner’s units that have not satisfied the risk reduction standard specified in § 6–815(a) of this subtitle, the inspection requirement of subsection (c) of this section, or the modified risk reduction standard specified in § 6–819(a) of this subtitle, as applicable.

(ii) The liability protection under § 6–836 of this subtitle shall be reinstated for any alleged injury or loss caused by the ingestion of lead that is first documented by a test for EBL of 15 �g/dl or more after the date that the owner meets the requirements of paragraph (1) of this subsection, subsection (c) of this section, and the requirements of § 6–819(f) of this subtitle.

(iii) The provisions of this paragraph do not apply if the owner proves that the noncompliance results from:

1. A tenant’s lack of cooperation with the owner’s compliance efforts; or

2. Legal action affecting access to the unit.

(3) Notice given under paragraph (1) of this subsection shall be sent by:

(i) Certified mail, return receipt requested; or

(ii) A verifiable method approved by the Department.

(c) On each occasion that an affected property which has not undergone a change in occupancy is treated to satisfy the requirements of this section, the owner of the affected property shall have the property inspected to verify that the risk reduction standard specified in § 6–815(a) of this subtitle has been satisfied.

(d) The owner of an affected property shall be responsible for the cost of any temporary relocation of the tenants of the affected property that is necessary to fulfill the requirements of this section.
Md. Code, Financial Institutions § 6-908 — MD Code / Article gfi / Title 6 / Subtitle 9 / Section 6-908
§6–908.
Status: in_force

(a) If the Commissioner believes that any officer, official, agent, or employee of a credit union has violated any provision of this title, the Commissioner may report the violation directly to the Secretary of Labor and to the Attorney General who shall take the appropriate steps to institute a prosecution for the violation.

(b) (1) The Commissioner shall send a written warning to an officer, official, agent, or employee of a credit union who the Commissioner believes has violated any provision of this title.

(2) If after a warning the violation continues, the officer, official, agent, or employee may be removed as provided in § 6–907(b) of this subtitle.

(3) Unless otherwise specified, any officer, official, agent, or employee of a credit union who violates the provisions of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $3,000 or imprisonment not exceeding 5 years.

(c) If the Commissioner determines that the violation under subsection (a) of this section requires immediate action to protect depositors or members, the Commissioner:

(1) May issue a cease and desist order that is effective on service; and

(2) Shall give the officer, official, agent, or employee an opportunity for a hearing to rescind the order.
Md. Code, Courts and Judicial Proceedings § 6-305 — MD Code / Article gcj / Title 6 / Subtitle 3 / Section 6-305
§6–305.
Status: in_force

(a) A nonresident person who is within the State for the purpose of testifying in or prosecuting or defending an action may not be served with process.

(b) A nonresident person passing through this State to or from another state in response to a summons to testify may not be served with process. This subsection does not apply to process arising from acts done by the person after his entry into this State.
Md. Code, Housing and Community Development § 6-602 — MD Code / Article ghs / Title 6 / Subtitle 6 / Section 6-602
§6–602.
Status: in_force

(a) There is a Community Development Program in the Department.

(b) The purpose of the Program is to provide financial assistance for community development projects and community development organizations around the State.
Md. Code, Housing and Community Development § 6-607 — MD Code / Article ghs / Title 6 / Subtitle 6 / Section 6-607
§6–607.
Status: in_force

In consultation with the Board, the Department shall administer the Fund to provide financial assistance, including capital and operating grants, to community development projects and community development organizations to provide and support:

(1) affordable housing;

(2) neighborhood revitalization for residential and commercial areas;

(3) housing counseling, financial counseling, and foreclosure prevention;

(4) community organizing;

(5) small business development;

(6) community services; and

(7) any other community development purpose.
Md. Code, Criminal Procedure § 6-212 — MD Code / Article gcp / Title 6 / Subtitle 2 / Section 6-212
§6–212.
Status: in_force

The Commission shall:

(1) hold training and orientation programs for trial court judges, attorneys, probation officers, and other interested parties as required;

(2) consult with the General Assembly about carrying out, managing, maintaining, and operating the sentencing guidelines system; and

(3) prepare statements containing fiscal and statistical information on proposed legislation affecting sentencing and corrections practice.
Md. Code, Housing and Community Development § 6-608 — MD Code / Article ghs / Title 6 / Subtitle 6 / Section 6-608
§6–608.
Status: in_force

The Department shall provide financial assistance from the Fund in the form and manner the Department determines appropriate, including providing capital and operating grants.
Md. Code, Health Occupations § 6-308 — MD Code / Article gho / Title 6 / Subtitle 3 / Section 6-308
§6–308.
Status: in_force

(a) Subject to the hearing provisions of § 6–309 of this subtitle, the Board may deny a license or registration to an applicant, reprimand a licensee or registration holder, place any licensee or registration holder on probation, or suspend or revoke the license of a licensee or the registration of a registration holder if the applicant, licensee, or registration holder:

(1) Fraudulently or deceptively obtains or attempts to obtain a license or registration for the applicant or for another;

(2) Fraudulently or deceptively uses a license or registration;

(3) Is disciplined by a licensing, certifying, or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;

(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(5) Willfully and knowingly:

(i) Files a false report or record of an individual under the care of the licensee or registration holder; or

(ii) Gives any false or misleading information about a material matter in an employment application;

(6) Knowingly does any act that has been determined by the Board, in its regulations, to exceed the scope of practice authorized to the individual under this subtitle;

(7) Provides professional services while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(8) Does an act that is inconsistent with generally accepted professional standards in the practice of massage therapy;

(9) Is negligent in the practice of massage therapy;

(10) Is professionally incompetent;

(11) Has violated any provision of this title;

(12) Submits a false statement to collect a fee;

(13) Is physically or mentally incompetent;

(14) Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;

(15) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee or registration holder is qualified to render because the individual is HIV positive;

(16) Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on standard precautions;

(17) Is habitually intoxicated;

(18) Is addicted to, or habitually abuses, any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article;

(19) Fails to cooperate with a lawful investigation conducted by the Board;

(20) Engages in conduct that violates the professional code of ethics;

(21) Knowingly does an act that has been determined by the Board to be a violation of the Board’s regulations;

(22) Fails to submit to a criminal history records check in accordance with § 6–303 of this subtitle; or

(23) Fails to comply with a Board order.

(b) If, after a hearing under § 6–309 of this subtitle, the Board finds that there are grounds under subsection (a) of this section to suspend or revoke a license or registration to practice massage therapy, to reprimand a licensee or registration holder, or to place a licensee or registration holder on probation, the Board may impose a penalty not exceeding $5,000 in lieu of or in addition to suspending or revoking the license or registration, reprimanding the licensee or registration holder, or placing the licensee or registration holder on probation.

(c) (1) An individual whose license or registration has been suspended or revoked by the Board shall return the license or registration to the Board.

(2) If the suspended or revoked license or registration has been lost, the individual shall file with the Board a verified statement to that effect.
Md. Code, Environment § 6-1107 — MD Code / Article gen / Title 6 / Subtitle 11 / Section 6-1107
§6–1107.
Status: in_force

(a) Except as provided in subsection (d) of this section, by January 1, 1995 each unit, and each easily removable rechargeable battery contained in a product, sold in the State shall be covered by a unit management program approved by the Department. A unit management program may be submitted by or on behalf of any person having responsibilities under this subtitle.

(b) A unit management program shall:

(1) Provide the name, address and telephone number of each responsible entity;

(2) Describe the units and products which each responsible entity shall ensure will be collected and transported under the program; and

(3) Generally describe the unit management program including methods of unit collection, transportation, and recycling or proper disposal.

(c) A unit management program shall be submitted to the Department prior to the sale of any unit, or of any product with an easily removable rechargeable battery, by a marketer in this State which takes place after December 31, 1994. Any change in a responsible entity, address or telephone number, covered units or products, or disposition of units under a unit management program shall be reported to the Department within 90 days after the change takes place.

(d) Notwithstanding subsection (a) of this section, nothing in this subtitle may be construed to prohibit the sale to an original equipment manufacturer by a cell manufacturer of a cell not covered under a unit management program.
Md. Code, Education § 6-113 — MD Code / Article ged / Title 6 / Subtitle 1 / Section 6-113
§6–113.
Status: in_force

(a) A county board may not knowingly hire or retain any individual who has been convicted of a crime involving:

(1) An offense under § 3–307 or § 3–308 of the Criminal Law Article or an offense under the laws of another state that would constitute a violation of § 3–307 or § 3–308 of the Criminal Law Article if committed in the State;

(2) Child sexual abuse under § 3–602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under § 3–602 of the Criminal Law Article if committed in this State; or

(3) A crime of violence as defined in § 14–101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of § 14–101 of the Criminal Law Article if committed in this State.

(b) A local school system contract shall provide that a contractor or subcontractor for the local school system may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of a crime identified under subsection (a) of this section.
Md. Code, Education § 6-905 — MD Code / Article ged / Title 6 / Subtitle 9 / Section 6-905
§6–905.
Status: in_force

In any action brought under this subtitle, a court may:

(1) Issue an injunction to restrain continued violation of this subtitle;

(2) Reinstate the public school employee to the same or an equivalent position held before the violation of § 6–902 of this subtitle;

(3) Remove any adverse personnel record entries based on or related to the violation of § 6–902 of this subtitle;

(4) Reinstate full fringe benefits and seniority rights;

(5) Require compensation for lost wages, benefits, and other remuneration; and

(6) Assess reasonable attorney’s fees and other litigation expenses against:

(i) The public school employer, if the public school employee prevails; or

(ii) The public school employee, if the court determines that the action was brought by the public school employee in bad faith and without basis in law or fact.
Md. Code, Environment § 6-841 — MD Code / Article gen / Title 6 / Subtitle 8 / Section 6-841
§6–841.
Status: in_force

(a) Payments under a qualified offer for temporary relocation shall include:

(1) Transportation expenses;

(2) The rent or per diem cost of temporary lead-safe housing;

(3) Meal expenses, if the temporary lead-safe housing does not contain meal preparation facilities; and

(4) The cost of moving, hauling, or storing furniture or other personal belongings.

(b) The household of the person at risk may not reoccupy the affected property until the property has been certified as lead-safe.
Md. Code, Tax - Property § 6-201 — MD Code / Article gtp / Title 6 / Subtitle 2 / Section 6-201
§6–201.
Status: in_force

(a) Except as otherwise provided in this article, the State may impose State property tax on the assessment of property that is subject to the State property tax.

(b) The Mayor and City Council of Baltimore City or the governing body of a county is not required to pass any law to incorporate the State property tax in the property tax bill or to collect the State property tax.
Md. Code, Environment § 6-820 — MD Code / Article gen / Title 6 / Subtitle 8 / Section 6-820
§6–820.
Status: in_force

(a) Except as provided in subsection (b) of this section, an owner of an affected property shall give to the tenant of the affected property a notice, prepared by the Department, of the tenant’s rights under §§ 6–817 and 6–819 of this subtitle, according to the following schedule:

(1) At least 25% of the owner’s affected properties by May 25, 1996;

(2) At least 50% of the owner’s affected properties by August 25, 1996;

(3) At least 75% of the owner’s affected properties by November 25, 1996; and

(4) 100% of the owner’s affected properties by February 25, 1997.

(b) On or after February 24, 1996, an owner of an affected property shall give to the tenant of the affected property a notice, prepared by the Department, of the tenant’s rights under §§ 6–817 and 6–819 of this subtitle upon the execution of a lease or the inception of a tenancy.

(c) An owner of an affected property shall give to the tenant of the affected property a notice, prepared by the Department, of the tenant’s rights under §§ 6–817 and 6–819 of this subtitle at least every 2 years after last giving the notice to the tenant.

(d) The owner shall include, with the notice of the tenant’s rights that is provided to a tenant under this section upon the execution of a lease or the inception of a tenancy, a copy of the current verified inspection certificate for the affected property prepared under § 6–818 of this subtitle.

(e) (1) Notice given under this section shall be written, and shall be sent by:

(i) Certified mail, return receipt requested; or

(ii) A verifiable method approved by the Department.

(2) When giving notice to a tenant under this section, the owner shall provide documentation of the notice to the Department in a manner acceptable to the Department.

(3) A notice required to be given to a tenant under this section shall be sent to a party or parties identified as the lessee in a written lease in effect for an affected property or, if there is no written lease, the party or parties to whom the property was rented.

(f) A person who has acquired, or will acquire, an affected property shall give the notice required under this section to the tenant of the affected property:

(1) Before transfer of legal title; or

(2) Within 15 days following transfer of legal title.
Md. Code, Environment § 6-405 — MD Code / Article gen / Title 6 / Subtitle 4 / Section 6-405
§6–405.
Status: in_force

In an emergency that results from a sudden, unexpected event that is not a planned renovation or demolition, the Department may waive the requirement for a license.
Md. Code, Estates and Trusts § 6-104 — MD Code / Article get / Title 6 / Subtitle 1 / Section 6-104
§6–104.
Status: in_force

Letters of administration shall be in substantially the following form:

LETTERS OF ADMINISTRATION

To all persons who may be interested in the Estate of ……………………………

deceased:

Administration of the Estate of the deceased has been granted on

………………………………… to …………………………… . The appointment is in full

force and effect as of this date.

SEAL WITNESS:

………………………………………………

Dated: Register of Wills for

………………………………………………
Md. Code, Housing and Community Development § 6-1306 — MD Code / Article ghs / Title 6 / Subtitle 13 / Section 6-1306
§6–1306.
Status: in_force

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

(2) “Community–centered crime and violence intervention and prevention project” means a comprehensive strategy that integrates partnerships and coordinated activities that:

(i) directly engage individuals who are at risk of becoming involved with or affected by violence and crime using evidence–based interventions; and

(ii) reduce crime and disorder by carefully examining the characteristics of problems in neighborhoods and applying appropriate problem–solving remedies.

(3) “Eligible applicant” means a tax–exempt nonprofit organization.

(b) An eligible applicant may apply for a grant under the Program for a community–centered crime and violence intervention and prevention project.

(c) The Department may award an eligible applicant who submits a complete application for financial assistance under the Program for a community–centered crime and violence intervention and prevention project a grant that does not exceed $250,000.
Md. Code, Business Occupations and Professions § 6-102 — MD Code / Article gbo / Title 6 / Subtitle 1 / Section 6-102
§6–102.
Status: in_force

The purpose of this title is to establish a licensing program for individuals who provide or assist in providing electrical services, in order to safeguard the life, health, property, and public welfare of the citizens of the State.
Md. Code, Labor and Employment § 6-107 — MD Code / Article gle / Title 6 / Subtitle 1 / Section 6-107
§6–107.
Status: in_force

(a) Except as provided in subsection (b) of this section, whenever an activity listed under § 6–106 of this title is to be performed within 10 feet of a high voltage line, the person responsible for performing the activity shall:

(1) promptly notify the owner or operator of the high voltage line of the activity to be performed;

(2) make any appropriate arrangements with the owner or operator of the high voltage line to carry out any safety measures required by item (3) of this subsection; and

(3) with any necessary cooperation from and subject to any necessary agreement with the owner or operator of the high voltage line, ensure that the high voltage line has been effectively guarded against accidental contact by:

(i) installing physical barriers to prevent physical contact with the high voltage line;

(ii) relocating the high voltage line; or

(iii) de–energizing and grounding the high voltage line.

(b) (1) This subsection applies only when a local government performs maintenance on street lighting equipment owned by the local government.

(2) Whenever an activity listed under § 6–106 of this title is to be performed within 10 feet of a high voltage line, the person responsible for performing the activity shall:

(i) comply with the National Electrical Safety Code; and

(ii) be qualified as defined in the National Electrical Safety Code.
Md. Code, Financial Institutions § 6-204 — MD Code / Article gfi / Title 6 / Subtitle 2 / Section 6-204
§6–204.
Status: in_force

A credit union may exercise all the rights, privileges, and incidental powers necessary or appropriate to exercise its specific powers and to accomplish the purposes for which the credit union is organized.
Md. Code, Education § 6-1104 — MD Code / Article ged / Title 6 / Subtitle 11 / Section 6-1104
§6–1104.
Status: in_force

(a) (1) Under the Program, the Department shall employ regional program managers to oversee the work of instructional coaches.

(2) Each regional program manager shall ensure that instructional coaches are meeting local educator and student needs and working in alignment with State priorities, including the principles for the Blueprint for Maryland’s Future.

(3) Regional program managers shall support instructional coaches by providing:

(i) Evidence–based tools and strategies and professional development materials;

(ii) An analysis of educator practices and student outcomes to ensure that instructional coaches provide support in a targeted manner;

(iii) Assistance with family and community engagement; and

(iv) Guidance to ensure professional development is research–based and designed to reflect the diverse linguistic and cultural needs of students in the State.

(b) (1) Beginning in fiscal year 2028, the Department shall employ coordinators of professional learning through the Program.

(2) A coordinator of professional learning shall:

(i) Provide professional development to educators and administrators in a local school system by establishing learning modules and through the use of appropriate tools and platforms; and

(ii) Collaborate with administrators to collect data to create a professional learning plan that aligns with the needs of a school.
Md. Code, Criminal Law § 6-411 — MD Code / Article gcr / Title 6 / Subtitle 4 / Section 6-411
§6–411.
Status: in_force

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

(2) (i) “Dwelling” means a building or part of a building that provides living or sleeping facilities for one or more individuals.

(ii) “Dwelling” does not include:

1. common elements of a condominium, as defined in § 11–101 of the Real Property Article;

2. property of a cooperative housing corporation other than a unit as defined in § 5–6B–01 of the Corporations and Associations Article; or

3. common areas of a multifamily dwelling as defined in § 12–203 of the Public Safety Article.

(3) “Firearm” has the meaning stated in § 4–104 of this article.

(4) “Law enforcement official” has the meaning stated in § 4–201 of this article.

(5) “Police officer” has the meaning stated in § 3–201 of the Public Safety Article.

(6) (i) “Property” means a building.

(ii) “Property” does not include the land adjacent to a building.

(b) This section does not apply to:

(1) a law enforcement official or police officer;

(2) an on–duty employee of a law enforcement agency authorized by the agency to possess firearms on duty or whose duty assignment involves the possession of firearms;

(3) a member of the armed forces of the United States, the National Guard, or the uniformed services on duty or traveling to or from duty;

(4) a correctional officer or warden of a correctional facility in the State;

(5) the wearing, carrying, or transporting of a firearm on a portion of real property subject to an easement, a right–of–way, a servitude, or any other property interest that allows public access on or through the real property; or

(6) the wearing, carrying, or transporting of a firearm on a portion of real property subject to an easement, a right–of–way, a servitude, or any other property interest allowing access on or through the real property by:

(i) the holder of the easement, right–of–way, servitude, or other property interest; or

(ii) a guest or assignee of the holder of the easement, right–of–way, servitude, or other property interest.

(c) A person wearing, carrying, or transporting a firearm may not enter or trespass in the dwelling of another unless the owner or the owner’s agent has given express permission, either to the person or to the public generally, to wear, carry, or transport a firearm inside the dwelling.

(d) A person wearing, carrying, or transporting a firearm may not:

(1) enter or trespass on property unless the owner or the owner’s agent has posted a clear and conspicuous sign indicating that it is permissible to wear, carry, or transport a firearm on the property; or

(2) enter or trespass on property unless the owner or the owner’s agent has given the person express permission to wear, carry, or transport a firearm on the property.

(e) A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

(f) (1) A conviction under this section may not merge with a conviction for any other crime based on the act establishing the violation of this section.

(2) A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
Md. Code, Correctional Services § 6-119 — MD Code / Article gcs / Title 6 / Subtitle 1 / Section 6-119
§6–119.
Status: in_force

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

(2) “Evidence–based programs and practices” means programs proven by scientific research to reliably produce reductions in recidivism.

(3) “Innovative programs and practices” means programs that do not meet the standard of evidence–based practices but which preliminary research or data indicates will reduce the likelihood of offender recidivism.

(b) The Division shall use practicable and suitable methods that are consistent with evidence–based programs and practices and innovative programs and practices to aid and encourage a probationer or parolee to improve conduct, to reduce the risk of recidivism, and to pay restitution.

(c) The Division shall have an independent validation study conducted every 3 years on the risk and needs assessment tool.
Md. Code, Criminal Procedure § 6-236 — MD Code / Article gcp / Title 6 / Subtitle 2 / Section 6-236
§6–236.
Status: in_force

§6–236. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTERS 521 AND 522 OF 2022 //

(a) There is a Jobs Court Pilot Program in the District Court sitting in Baltimore City.

(b) The purpose of the pilot program is to reduce recidivism by offering defendants an opportunity to participate in full–time job training and job placement programs as a condition of probation, an alternative to incarceration, or a condition of pretrial release.

(c) To accomplish the purpose of the pilot program, the Administrative Office of the Courts shall develop a plan to implement and monitor the pilot program.

(d) On or before June 30, 2027, the Administrative Office of the Courts, in consultation with the Baltimore Workforce Development Board, shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the operation and results of the pilot program.
Md. Code, Correctional Services § 6-103 — MD Code / Article gcs / Title 6 / Subtitle 1 / Section 6-103
§6–103.
Status: in_force

There is a Division of Parole and Probation in the Department.
Md. Code, Economic Development § 6-609 — MD Code / Article gec / Title 6 / Subtitle 6 / Section 6-609
§6–609.
Status: in_force

The Authority shall provide advice to and consult with the Department in connection with the administration of the Program under this subtitle.
Md. Code, Housing and Community Development § 6-603 — MD Code / Article ghs / Title 6 / Subtitle 6 / Section 6-603
§6–603.
Status: in_force

The Department shall:

(1) administer the Program; and

(2) adopt regulations to carry out the Program.
Md. Code, Tax - Property § 6-202 — MD Code / Article gtp / Title 6 / Subtitle 2 / Section 6-202
§6–202.
Status: in_force

The Mayor and City Council of Baltimore City or the governing body of a county may impose property tax on the assessment of property that is subject to that county’s property tax.
Md. Code, Local Government § 6-110 — MD Code / Article glg / Title 6 / Subtitle 1 / Section 6-110
§6–110.
Status: in_force

If the District Court finds that the defendant has committed a municipal infraction:

(1) (i) the court shall order the defendant to pay the fine, including any doubling of the fine, not exceeding the limit under § 6–102(c) of this subtitle;

(ii) the fine imposed is a judgment in favor of the municipality; and

(iii) if the fine remains unpaid for 30 days after the judgment is entered, the judgment is enforceable in the same manner and to the same extent as other civil judgments for money unless the court has suspended or deferred the payment of the fine as provided under item (2) of this section;

(2) the court may suspend or defer the payment of the fine under conditions that the court sets;

(3) the defendant is liable for the costs of the court proceedings; and

(4) the court may order the defendant to abate the infraction or enter an order authorizing the municipality to abate the infraction at the defendant’s expense.
Md. Code, Transportation § 6-207 — MD Code / Article gtr / Title 6 / Subtitle 2 / Section 6-207
§6–207.
Status: in_force

(a) The Administration may establish and maintain facilities in the Baltimore harbor area to dispose of waste matter, other than oil, collected from commercial vessels under the applicable provisions of Title 8 of the Natural Resources Article.

(b) The Administration shall make a reasonable charge for the use and service of this facility.
Md. Code, Business Regulation § 6-617 — MD Code / Article gbr / Title 6 / Subtitle 6 / Section 6-617
§6–617.
Status: in_force

A professional solicitor or associate solicitor may not solicit charitable contributions for or in the name of a charitable organization unless the professional solicitor or associate solicitor:

(1) has written authorization that contains:

(i) the consent of 2 officers of the charitable organization;

(ii) the signature of the professional solicitor; and

(iii) an express statement of the term of the authorization;

(2) submits a copy of the authorization to the Secretary of State; and

(3) on request, shows a copy of the authorization and personal identification to a person who is solicited.
Md. Code, Economic Development § 6-809 — MD Code / Article gec / Title 6 / Subtitle 8 / Section 6-809
§6–809.
Status: in_force

In accordance with § 2.5–109 of this article, the Department shall submit a report on the qualified business entities receiving final certification in the preceding fiscal year.
Md. Code, State Personnel and Pensions § 6-403 — MD Code / Article gsp / Title 6 / Subtitle 4 / Section 6-403
§6–403.
Status: in_force

(a) Except as otherwise provided by law, a position in the Executive Branch of State government is in the management service if the position:

(1) primarily involves direct responsibility for the oversight and management of personnel and financial resources;

(2) requires the exercise of discretion and independent judgment; and

(3) is not in the executive service.

(b) The management service includes any other position that is determined by the Secretary to be in the management service.
Md. Code, Financial Institutions § 6-205 — MD Code / Article gfi / Title 6 / Subtitle 2 / Section 6-205
§6–205.
Status: in_force

This title shall be construed liberally to effectuate its purpose.
Md. Code, Tax - Property § 6-104 — MD Code / Article gtp / Title 6 / Subtitle 1 / Section 6-104
§6–104.
Status: in_force

Except as otherwise provided in §§ 7-222 and 7-226 of this article, any stock in business of a person who engages in a manufacturing or commercial business in the State is subject to property tax.
Md. Code, Environment § 6-305 — MD Code / Article gen / Title 6 / Subtitle 3 / Section 6-305
§6–305.
Status: in_force

(a) On or before July 1, 2020, the Department shall adopt regulations for conducting environmental investigations to determine lead hazards for:

(1) Children under the age of 6 years with elevated blood lead levels greater than or equal to the reference level defined in § 6–801(q) of this title; and

(2) Pregnant women with elevated blood lead levels greater than or equal to the reference level as defined in § 6–801(q) of this title.

(b) (1) The regulations adopted under subsection (a) of this section shall be consistent with, or more stringent than, the Guidelines for the Evaluation and Control of Lead–Based Paint Hazards in Housing published by the U.S. Department of Housing and Urban Development.

(2) The regulations adopted under subsection (a) of this section shall provide for an environmental investigation to be completed after receipt by the Department or the county board of health of the results of a blood test under § 6–304 of this subtitle for:

(i) Children under the age of 6 years with elevated blood lead levels greater than or equal to the reference level defined in § 6–801(q) of this title; or

(ii) Pregnant women with elevated blood lead levels greater than or equal to the reference level defined in § 6–801(q) of this title.

(c) The Department shall include in its annual report on statewide childhood blood lead testing a summary of the results of any environmental investigation conducted in accordance with this section.
Md. Code, Financial Institutions § 6-206 — MD Code / Article gfi / Title 6 / Subtitle 2 / Section 6-206
§6–206.
Status: in_force

This title may be cited as the Maryland Credit Union Act.
Md. Code, Courts and Judicial Proceedings § 6-412 — MD Code / Article gcj / Title 6 / Subtitle 4 / Section 6-412
§6–412.
Status: in_force

(a) A nongovernmental corporate party shall, with its first appearance, pleading, petition, motion, response, or other request addressed to the court, file one copy of a disclosure statement that:

(1) Identifies any parent corporation and any publicly held corporation owning 10% or more of its stock;

(2) Identifies any member or owner in a joint venture or limited liability corporation;

(3) Identifies all partners in a partnership or limited liability partnership;

(4) Identifies any corporate member, if the party is any other unincorporated association; or

(5) States that there is no such corporation.

(b) If any information filed in accordance with subsection (a) of this section changes, the nongovernmental corporate party shall file a supplemental statement.
Md. Code, Alcoholic Beverages and Cannabis § 6-103 — MD Code / Article gab / Title 6 / Subtitle 1 / Section 6-103
§6–103.
Status: in_force

A vehicle, a vessel, or an aircraft used with the express or implied knowledge or consent of its owner to violate a provision of this article relating to the unlawful manufacture of alcoholic beverages or to transport, store, or hide unlawful alcoholic beverages:

(1) is contraband; and

(2) may be seized by:

(i) the Comptroller or the Comptroller’s authorized enforcement officers; or

(ii) the Executive Director or the Executive Director’s authorized enforcement officers; and

(3) may be forfeited in accordance with this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 6-210 — MD Code / Article gab / Title 6 / Subtitle 2 / Section 6-210
§6–210.
Status: reserved

(a) A political subdivision of the State may not adopt an ordinance or a resolution identical to or in addition to § 6–320 of this title.

(b) An existing ordinance, resolution, or other legislation adopted by a political subdivision of the State that is inconsistent with § 6–320 of this title is repealed.
Md. Code, State Finance and Procurement § 6-104 — MD Code / Article gsf / Title 6 / Subtitle 1 / Section 6-104
§6–104.
Status: in_force

(a) (1) In this section, “nonwithholding income tax revenues” means the State share of income tax quarterly estimated and final payments with returns made by individuals, as defined in § 10–101 of the Tax – General Article.

(2) “Nonwithholding income tax revenues” does not include:

(i) the county share of income tax quarterly estimated and final payments with returns made by individuals;

(ii) income tax payments made by corporations;

(iii) income tax refunds paid to individuals or corporations; or

(iv) income tax withholding.

(b) (1) After the end of each fiscal year, the Bureau shall submit to the Board a report that:

(i) contains an itemized statement of the State revenues from all sources for that fiscal year; and

(ii) includes any recommendations of the Bureau.

(2) (i) In December, March, and September of each year, the Bureau shall submit to the Board a report that contains an itemized statement of the estimated State revenues from all sources for the fiscal year following the fiscal year in which the report is made.

(ii) The report required under subparagraph (i) of this paragraph shall be reviewed and approved by the Revenue Monitoring Committee before the estimates in the report may be formally adopted by the Board.

(iii) The Bureau shall submit the March report required under subparagraph (i) of this paragraph to the Board by a date that allows the Board to meet before the passage of the annual budget bill in the first chamber of the General Assembly to vote on the budget bill in that year.

(3) The Bureau shall provide to the Board any other information that the Board requests.

(4) Notwithstanding any other provision of law, the reports required under paragraphs (1) and (2) of this subsection shall include an itemized statement of:

(i) revenues or estimated revenues distributed to the Transportation Trust Fund, including the motor fuel taxes imposed under Title 9, Subtitle 3 of the Tax – General Article and motor vehicle titling taxes imposed under Title 13, Subtitle 8 of the Transportation Article;

(ii) revenues from the State transfer tax imposed under Title 13, Subtitle 2 of the Tax – Property Article;

(iii) estimated revenues from nonwithholding income taxes calculated in accordance with subsection (e) of this section; and

(iv) estimated revenues from any premium taxes collected by the Maryland Insurance Administration.

(5) (i) In order for the Bureau to include in the reports required under paragraphs (1) and (2) of this subsection estimated revenues from any premium taxes collected by the Maryland Insurance Administration, the Maryland Insurance Administration shall submit to the Bureau:

1. within 1 month after the end of the preceding fiscal quarter, quarterly premium tax data on a cash basis and by fund source, including payments, refunds, other financial transactions, and total net cash impact;

2. a fiscal year–end close–out report reconciling the quarterly data;

3. an annual report tabulating data from submitted tax forms for each insurer, including total premiums, total deductions, total taxable premiums, gross tax owed, and liability information; and

4. any other data requested by the Bureau.

(ii) The Maryland Insurance Administration shall submit the data required under this paragraph in a format determined by the Bureau.

(c) In addition to these reports, the Bureau shall continually conduct studies of State revenue sources to:

(1) determine the amount of revenue produced; and

(2) devise and recommend new methods and sources for improved efficiency, equity, and economy in production, collection, and estimation of revenue.

(d) (1) On or before December 1, 2008, and December 1 of every third year thereafter, the Bureau shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly a tax incidence study measuring:

(i) the burden of all the major taxes and toll charges imposed by the State, including:

1. the individual income tax;

2. the motor fuel tax;

3. the real property tax; and

4. the sales and use tax;

(ii) how the burden of each tax and charge type is shared among taxpayers of different income levels; and

(iii) the aggregate impact of the taxes and charges among taxpayers of different income levels.

(2) In order to assist the Bureau in preparing a tax incidence study under this subsection, any governmental unit involved in the implementation or administration of the taxes and charges evaluated in the study shall:

(i) provide promptly any information that the Bureau requests; and

(ii) otherwise cooperate with the Bureau.

(3) The Bureau shall prepare and submit the statistics of income report required under § 10–223 of the Tax – General Article.

(e) (1) Beginning with the revenue estimate for fiscal year 2020, the Bureau shall calculate the share of General Fund revenues represented by nonwithholding income tax revenues in accordance with this subsection.

(2) (i) For each fiscal year, the Bureau shall calculate the 10–year average share of General Fund revenues represented by nonwithholding income tax revenues.

(ii) 1. For each fiscal year, the 10–year average shall use the 10 most recently completed fiscal years for which data are available when the estimate is prepared in the September before the beginning of the fiscal year.

2. The same 10–year average shall be used in all subsequent revisions to the revenue estimate for that fiscal year.

(3) (i) Subject to subparagraph (ii) of this paragraph, for each fiscal year, if the Bureau’s estimate of the share of General Fund revenues from nonwithholding income tax revenues is above the 10–year average share, the Bureau shall adjust the revenue estimate by reducing General Fund revenues from nonwithholding income tax revenues by an amount sufficient to align the estimated share of General Fund revenues from nonwithholding income tax revenues with the 10–year average share of General Fund revenues from nonwithholding income taxes.

(ii) The adjustment made under subparagraph (i) of this paragraph may not exceed the following percentage of total General Fund revenues or dollar value in a specified fiscal year:

1. 0.225% for fiscal year 2020;

2. $0 for fiscal year 2021;

3. $80,000,000 for fiscal year 2022;

4. $100,000,000 for fiscal year 2023;

5. $0 for fiscal years 2024 through 2029; and

6. 2% for fiscal year 2030 and each fiscal year thereafter.

(iii) The capped estimate calculated under this paragraph shall be incorporated in the revenue estimate the Bureau shall report to the Board in the report required under subsection (b)(2) of this section.

(f) On or before February 1, 2023, and February 1 of every fourth year thereafter, the Bureau, in collaboration with the Consensus Revenue Monitoring and Forecasting Group established under § 6–105 of this subtitle, shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly a report on the strengths and weaknesses of the Bureau in the preceding four years, including:

(1) the accuracy of Bureau estimates of State revenue;

(2) the impact of the revenue volatility cap on reporting; and

(3) the challenges faced by the Bureau in forecasting State revenues.

(g) (1) On or before August 1, 2023, and August 1 of every fourth year thereafter, the Department of Legislative Services shall submit, in accordance with § 2–1257 of the State Government Article, to the General Assembly a report on the operations of the Bureau, including:

(i) an analysis of the transparency and usability of data and reports produced by the Bureau;

(ii) an overview of appropriations for the Bureau and major expenditures;

(iii) an analysis of the staffing needs of the Bureau; and

(iv) issues preventing the Bureau from carrying out its duties under this subtitle.

(2) The report shall cover the operations of the Bureau during the same period as the report issued by the Bureau under subsection (f) of this section.
Md. Code, Financial Institutions § 6-324 — MD Code / Article gfi / Title 6 / Subtitle 3 / Section 6-324
§6–324.
Status: in_force

The board shall have the authority and responsibility for the business affairs, funds, and records of a credit union.
Md. Code, Health - General § 6-101 — MD Code / Article ghg / Title 6 / Subtitle 1 / Section 6-101
§6–101.
Status: in_force

(a) In this title, “domestic partnership” means a relationship between two individuals who:

(1) Are at least 18 years old;

(2) Are not related to each other by blood or marriage within four degrees of consanguinity under civil law rule;

(3) Are not married or in a civil union or domestic partnership with another individual; and

(4) Agree to be in a relationship of mutual interdependence in which each individual contributes to the maintenance and support of the other individual and the relationship, even if both individuals are not required to contribute equally to the relationship.

(b) An individual who asserts a domestic partnership under subsection (a) of this section may be required to provide:

(1) An affidavit signed under penalty of perjury by two individuals stating that they have established a domestic partnership; and

(2) Proof of any two of the following documents:

(i) Joint liability of the individuals for a mortgage, lease, or loan;

(ii) The designation of one of the individuals as the primary beneficiary under a life insurance policy on the life of the other individual or under a retirement plan of the other individual;

(iii) The designation of one of the individuals as the primary beneficiary of the will of the other individual;

(iv) A durable power of attorney for health care or financial management granted by one of the individuals to the other individual;

(v) Joint ownership or lease by the individuals of a motor vehicle;

(vi) A joint checking account, joint investments, or a joint credit account;

(vii) A joint renter’s or homeowner’s insurance policy;

(viii) Coverage on a health insurance policy;

(ix) Joint responsibility for child care, such as guardianship or school documents; or

(x) A relationship or cohabitation contract.
Md. Code, Transportation § 6-205 — MD Code / Article gtr / Title 6 / Subtitle 2 / Section 6-205
§6–205.
Status: in_force

Under the authority granted by § 6-204(i) of this subtitle, the Maryland Port Administration may operate and maintain the port facility presently under its jurisdiction at Cambridge, Maryland. The operation and maintenance may include the leasing of the facility. The Maryland Port Administration may expend the necessary funds for the development of the port facility at Cambridge. The Administration may sell, transfer, or otherwise dispose of the facility in accordance with § 10-305 of the State Finance and Procurement Article.
Md. Code, State Government § 6-304 — MD Code / Article gsg / Title 6 / Subtitle 3 / Section 6-304
§6–304.
Status: in_force

(a) The Commissioner shall:

(1) collect an annual assessment from each medical professional liability insurer and homeowner’s insurer for the costs and expenses incurred by the Division in carrying out its duties under this subtitle; and

(2) deposit the amounts collected into the People’s Insurance Counsel Fund established under § 6–305 of this subtitle.

(b) The assessment payable by a medical professional liability insurer or homeowner’s insurer is the product of the fraction obtained by dividing the gross direct premium written by the medical professional liability insurer or homeowner’s insurer in the prior calendar year by the total amount of gross direct premium written by all medical professional liability insurers or homeowner’s insurers in the prior calendar year, multiplied by the amount of the total costs and expenses under subsection (a)(1) of this section.

(c) (1) The assessment collected under this section is:

(i) in addition to any penalties or premium tax imposed under the Insurance Article; and

(ii) due and payable to the Commissioner on or before a date determined by the Commissioner each year.

(2) (i) Failure by an insurer to pay an assessment fee on or before the due date shall subject the insurer to the provisions of §§ 4-113 and 4-114 of the Insurance Article.

(ii) In addition to the penalty imposed under subparagraph (i) of this paragraph, if an assessment fee is not paid on or before the due date, the Commissioner may impose a penalty of 5% of the amount due and interest at the rate determined under § 13-701(b)(1) of the Tax - General Article from the due date until payment is made to the Commissioner.
Md. Code, Criminal Law § 6-503 — MD Code / Article gcr / Title 6 / Subtitle 5 / Section 6-503
§6–503.
Status: in_force

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

(2) (i) “Passenger” means an individual who is traveling by railroad vehicle with lawful authorization and who does not participate in the operation of the railroad vehicle.

(ii) “Passenger” does not include a stowaway.

(3) (i) “Railroad” means a form of ground transportation that runs on rails or electromagnetic guide ways.

(ii) “Railroad” includes:

1. a commuter or other short–haul railroad passenger service in a metropolitan or suburban area; and

2. a high–speed ground transportation system that connects metropolitan areas.

(iii) “Railroad” does not include:

1. highway ground transportation; or

2. a rapid transit operation in a metropolitan area that does not connect to the general railroad transportation system.

(4) “Railroad carrier” means a person who provides railroad transportation.

(5) “Railroad property” means the material, equipment, and property used on or in connection with a railroad, right–of–way, or yard.

(6) “Right–of–way” means the track or roadbed that is:

(i) owned, leased, or operated by a railroad carrier;

(ii) located on either side of the tracks of the railroad carrier; and

(iii) 1. readily recognizable to a reasonable person as railroad property; or

2. reasonably identified as railroad property by fencing or appropriate signs.

(7) “Yard” means a system of parallel tracks, crossovers, and switches where railroad vehicles are switched or connected, and where railroad vehicles and other rolling stock are kept when not in use or when awaiting repair.

(b) This section does not apply to:

(1) a passenger on a railroad vehicle;

(2) an individual who enters railroad property in an emergency to:

(i) rescue from harm another individual or an animal, including livestock, a pet, or wildlife; or

(ii) remove an object that the individual reasonably believes to pose an imminent threat to life or limb;

(3) an individual on the station grounds or in the depot of a railroad carrier as a passenger or to transact lawful business;

(4) a person, a family member or invitee of a person, or an employee or independent contractor of a person who enters a railroad right–of–way to obtain access to land that the person owns, leases, or operates at a private crossing approved by the railroad carrier;

(5) a person having permission of the railroad carrier to enter the railroad property;

(6) a law enforcement officer, firefighter, or emergency response personnel while performing official duties;

(7) a representative of the Maryland Department of Transportation or the Maryland Department of Labor while performing official duties; or

(8) a representative of the Federal Railroad Administration or the National Transportation Safety Board while performing official duties.

(c) (1) Without the consent of the railroad carrier or other lawful authorization, a person may not ride on the outside or inside of a railroad vehicle, including a flatbed or container.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

(d) (1) Without the consent of the railroad carrier or other lawful authorization, and except to cross the property at a public highway or other authorized crossing, a person may not knowingly enter or remain on railroad property.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $100 or both.
Md. Code, Environment § 6-839 — MD Code / Article gen / Title 6 / Subtitle 8 / Section 6-839
§6–839.
Status: in_force

(a) Whenever a qualified offer is made under this part, the qualified offer shall include payment for reasonable expenses and costs up to the amount specified in § 6-840 of this subtitle for:

(1) The relocation of the household of the person at risk to lead-safe housing of comparable size and quality that may provide:

(i) The permanent relocation of the household of the affected person at risk to lead-safe housing, including relocation expenses, a rent subsidy, and incidental expenses; or

(ii) The temporary relocation of the household of the affected person at risk to lead-safe housing while necessary lead hazard reduction treatments are being performed in the affected property to make that affected property lead-safe; and

(2) Medically necessary treatment for the affected person at risk as determined by the treating physician or other health care provider or case manager of the person at risk that is necessary to mitigate the effects of lead poisoning, as defined by the Department by regulation, and, in the case of a child, until the child reaches the age of 18 years.

(b) An offeror is required to pay reasonable expenses for the medically necessary treatments under subsection (a)(2) of this section if coverage for these treatments is not otherwise provided by the Maryland Medical Assistance Program under Title 15, Subtitle 1 of the Health - General Article or by a third-party health insurance plan under which the person at risk has coverage or in which the person at risk is enrolled.

(c) A qualified offer shall include a certification by the owner of the affected property, under the penalties of perjury, that the owner has complied with the applicable provisions of Parts III and IV of this subtitle in a manner that qualifies the owner to make a qualified offer under this part.

(d) The Department may adopt regulations that are necessary to carry out the provisions of this section.
Md. Code, Correctional Services § 6-117 — MD Code / Article gcs / Title 6 / Subtitle 1 / Section 6-117
§6–117.
Status: reserved

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

(2) “Abatement” means an end to active supervision or home detention of a supervised individual, without effect on the legal expiration date of the case or the supervised individual’s obligation to:

(i) obey all laws; and

(ii) obtain written permission from the Division of Parole and Probation before relocating the supervised individual’s residence outside the State.

(3) “Earned compliance credit” means a 20–day reduction from the period of active supervision or home detention of the supervised individual for every month that a supervised individual:

(i) exhibits compliance with the conditions and goals of the supervised individual’s probation, parole, or mandatory release supervision, as determined by the Department;

(ii) has no new arrests;

(iii) has not violated any conditions of no contact imposed on the supervised individual;

(iv) except for a monthly supervision fee imposed under § 7–702 of this article or § 6–226 of the Criminal Procedure Article, is current on court ordered payments for restitution, fines, and fees relating to the offense for which earned compliance credits are being accrued;

(v) is current in completing any community supervision requirements included in the conditions of the supervised individual’s probation, parole, or mandatory release supervision; and

(vi) if applicable, has been compliant with any supervision requirements of a private home detention monitoring agency.

(4) “Home detention” means monitoring by a private home detention monitoring agency licensed under Title 20, Subtitle 1 of the Business Occupations and Professions Article.

(5) (i) “Supervised individual” means an individual placed on probation by a court or serving a period of parole or mandatory release supervision after release from a correctional facility.

(ii) “Supervised individual” includes an individual being monitored by a private home detention monitoring agency as a condition of probation.

(iii) “Supervised individual” does not include:

1. a person incarcerated, on probation, or convicted in this State for a crime of violence;

2. a person incarcerated, on probation, or convicted in this State for a crime under Title 3, Subtitle 3 of the Criminal Law Article;

3. a person incarcerated, on probation, or convicted in this State for a violation of § 2–503, §§ 5–612 through 5–614, § 5–627, or § 5–628 of the Criminal Law Article;

4. a person registered or eligible for registration under Title 11, Subtitle 7 of the Criminal Procedure Article;

5. a person who was convicted in any other jurisdiction of a crime and the person’s supervision was transferred to this State; or

6. a person who was convicted in this State of a crime and the person’s supervision was transferred to another state.

(b) The Department shall:

(1) establish a program to implement earned compliance credits; and

(2) adopt policies and procedures to implement the program.

(c) (1) Notwithstanding any other law, the Maryland Parole Commission or the court shall adjust the period of a supervised individual’s supervision or home detention on the recommendation of the Division of Parole and Probation for earned compliance credits accrued under a program created under this section.

(2) Once a combination of time served on probation, parole, or mandatory supervision, and earned compliance credits satisfy the supervised individual’s active term of supervision or home detention, the Division shall place the individual on abatement.

(d) The Division shall:

(1) provide regular notification to a supervised individual of the tentative abatement transfer date; and

(2) develop policies for notifying a supervised individual of change to the abatement transfer date.

(e) At least 90 days before the date of transfer to abatement, the Division shall notify the Commission or the court of the impending transfer.

(f) A supervised individual whose period of active supervision or home detention has been completely reduced as a result of earned compliance credits shall remain on abatement until the expiration of the supervised individual’s sentence, unless:

(1) the supervised individual consents to continued active supervision or home detention; or

(2) the supervised individual violates a condition of probation, parole, or mandatory release supervision including failure to pay a required payment of restitution.

(g) A supervised individual who is placed on abatement under this section may not be required to:

(1) regularly report to a parole or probation agent; or

(2) pay a supervision fee.

(h) If a supervised individual violates a condition of probation while on abatement, a court may order the supervised individual to be returned to active supervision or home detention.

(i) (1) Twenty–five percent of the savings realized by the Department as a result of the application of earned compliance credits shall revert to the Department.

(2) After the savings revert to the Department in accordance with paragraph (1) of this subsection, any remaining savings shall revert to the Performance Incentive Grant Fund established under § 9–3209 of the State Government Article.

(j) This section may not be construed to limit the authority of a court or the Parole Commission to extend probation, parole, or mandatory release supervision under § 6–222 of the Criminal Procedure Article.

(k) The Department shall develop an automated application for the tracking and awarding of earned compliance credits by the Division.
Md. Code, Housing and Community Development § 6-308.2 — MD Code / Article ghs / Title 6 / Subtitle 3 / Section 6-308.2
§6–308.
Status: in_force

§6–308.2.

(a) There is an Interagency Food Desert Advisory Committee.

(b) The Committee consists of the following seven members:

(1) the Secretary, or the Secretary’s designee;

(2) the Secretary of Agriculture, or the Secretary’s designee;

(3) the Secretary of Planning, or the Secretary’s designee;

(4) the Secretary of Health, or the Secretary’s designee;

(5) the Secretary of Human Services, or the Secretary’s designee;

(6) the Secretary of Commerce, or the Secretary’s designee; and

(7) the Secretary of Education, or the Secretary’s designee.

(c) The Secretary or the Secretary’s designee is the chair of the Committee.

(d) The Department shall provide staff for the Committee.

(e) The Committee shall:

(1) advise and make recommendations to the Department on the development and adoption of regulations related to food desert projects;

(2) make recommendations to the Secretary on applications for designating an area as a food desert; and

(3) make recommendations for interagency coordination to reduce the number of food deserts and promote healthy food access for Maryland neighborhoods.
Md. Code, Financial Institutions § 6-401 — MD Code / Article gfi / Title 6 / Subtitle 4 / Section 6-401
§6–401.
Status: in_force

(a) Each credit union shall have a supervisory committee.

(b) The board shall appoint the members of the supervisory committee at:

(1) The first meeting of the board following the annual meeting of the members; and

(2) Any time there is a vacancy.

(c) (1) Subject to the provisions of paragraph (2) of this subsection, the board shall determine the number of members on the supervisory committee.

(2) The supervisory committee shall have at least three and not more than seven members.

(d) (1) Each member of the supervisory committee shall be appointed from among the members of the credit union.

(2) Not more than one member of the supervisory committee may be a director.

(3) An officer of the credit union, a member of the credit committee, or an employee of the credit union may not be a member of the supervisory committee.

(4) At least one member of the supervisory committee shall have experience in:

(i) Accounting;

(ii) Auditing; or

(iii) General business.

(5) Each member of the supervisory committee:

(i) Shall be bonded;

(ii) May not have been convicted of any criminal offense involving dishonesty or breach of trust;

(iii) May not have habitually neglected to pay any debts;

(iv) May not become insolvent or bankrupt while serving on the supervisory committee; and

(v) May not have been removed by the Commissioner or any state or federal regulatory agency as an officer, official, or employee of a financial institution.

(e) The members of the supervisory committee shall elect the chairman of the supervisory committee:

(1) At the beginning of each term of appointment to the committee; and

(2) At any time there is a vacancy and the board is notified.

(f) A member of the supervisory committee serves for 1 year and until a successor is appointed and qualifies.

(g) Each member of the supervisory committee shall take an oath to perform faithfully the duties of the office.

(h) (1) The board shall appropriate funds:

(i) For an audit conducted by an outside auditor; and

(ii) If required, for an internal auditing function.

(2) The supervisory committee has the sole authority to engage or terminate outside and internal auditors.
Md. Code, Agriculture § 6-218 — MD Code / Article gag / Title 6 / Subtitle 2 / Section 6-218
§6–218.
Status: in_force

The Secretary may refuse to register or cancel the registration of any brand of commercial fertilizer or soil conditioner upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in evasions or attempted evasions of the provisions of this subtitle or any rules and regulations adopted under it. However, no registration may be refused or revoked until the registrant has been given the opportunity to appear for a hearing by the Secretary.
Md. Code, Courts and Judicial Proceedings § 6-301 — MD Code / Article gcj / Title 6 / Subtitle 3 / Section 6-301
§6–301.
Status: in_force

In addition to any method allowed by law, service of process may be made in accordance with the Maryland Rules.
Md. Code, Housing and Community Development § 6-708 — MD Code / Article ghs / Title 6 / Subtitle 7 / Section 6-708
§6–708.
Status: in_force

(a) The Department has the powers necessary to implement the Program.

(b) (1) The Department may determine the terms and conditions for or establish time limits for the use of financial assistance awarded under this subtitle.

(2) The financial assistance awarded under this subtitle may be secured by a mortgage, a lien, or any other security interest that is superior to or subordinate to other mortgages, liens, or other security interests.

(c) (1) The Department may, subject to any limits imposed by law, enforce the terms and conditions of the financial assistance awarded under this subtitle.

(2) If any financial assistance awarded under this subtitle is secured by a first or subordinate mortgage or other lien, the Department may, subject to any limits imposed by law:

(i) begin an action to protect or enforce any right given by law, contract, or other agreement;

(ii) foreclose on property;

(iii) purchase property at any foreclosure or other sale, or acquire or take possession of the property through conveyance in lieu of foreclosure or otherwise, and convey property after acquiring it;

(iv) settle or compromise any debt or obligation owed to the Department;

(v) pay the principal of and interest on any obligation incurred in connection with the property and dispose of or otherwise deal with the property to protect the interests of the Program; or

(vi) release or sell any mortgage, obligation, or property that the Department holds at public or private sale, with or without public bidding.

(d) (1) The Department may contract with any person or governmental unit for property or services necessary to operate the Program.

(2) The Department may contract for and accept any grant, contribution, or loan of money, property, or other aid from the federal government and may do all things consistent with this subtitle to qualify for the aid.

(e) In connection with any loans that the Department makes, the Department may:

(1) require and obtain appraisals, credit information, and other pertinent information; and

(2) charge interest.

(f) The Department may consent to the modification of any provision of a Program agreement if the modification is in the best interest of the Program.
Md. Code, Insurance § 6-113 — MD Code / Article gin / Title 6 / Subtitle 1 / Section 6-113
§6–113.
Status: in_force

A declaration or report that must be filed under this subtitle complies with the filing requirement if the declaration or report is:

(1) mailed and postmarked by the United States Postal Service on or before the filing date;

(2) delivered on or before the filing date to a private delivery service recognized by the Commissioner, if the delivery is evidenced by a receipt; or

(3) sent by electronic means in accordance with § 2–116 of this article.
Md. Code, Land Use § 6-201 — MD Code / Article glu / Title 6 / Subtitle 2 / Section 6-201
§6–201.
Status: in_force

In this subtitle, “appellate board” means:

(1) the board of appeals of a local jurisdiction established under Title 4, Subtitle 3 of this article; or

(2) a special board of appeals created to consider appeals under this subtitle.
Md. Code, Human Services § 6-802 — MD Code / Article ghu / Title 6 / Subtitle 8 / Section 6-802
§6–802.
Status: in_force

An appropriation made under § 6–801 of this subtitle may be used only to:

(1) provide free volunteer income tax assistance that helps low–income individuals and families:

(i) file tax returns;

(ii) avoid predatory fees; and

(iii) claim the federal earned income tax credit or the State earned income tax credit under § 10–704 of the Tax – General Article;

(2) coordinate and expand access to free, fact–based financial education and coaching for low–income individuals and families;

(3) connect low–income individuals and families to affordable, high–quality financial services;

(4) recruit, train, and manage a corps of volunteers to provide financial education, coaching, and tax preparation services for low–income individuals and families; and

(5) conduct outreach to low–income individuals and families.
Md. Code, Financial Institutions § 6-326 — MD Code / Article gfi / Title 6 / Subtitle 3 / Section 6-326
§6–326.
Status: in_force

(a) The office of a director becomes vacant if the director:

(1) Dies;

(2) Resigns; or

(3) Is removed.

(b) A director may be removed from office:

(1) By the board, in accordance with the bylaws, if the director:

(i) Does not possess or maintain the qualifications required to serve on the board; or

(ii) Is absent from three consecutive regular meetings of the board unless excused; or

(2) By the members.

(c) (1) Unless the bylaws provide otherwise, the remaining directors by majority vote shall fill a vacancy.

(2) A director elected by the board to fill a vacancy holds office as the bylaws provide.
Md. Code, Business Occupations and Professions § 6-604 — MD Code / Article gbo / Title 6 / Subtitle 6 / Section 6-604
§6–604.
Status: in_force

(a) This section does not apply to a State licensee on uninsured status.

(b) A licensed master electrician, a person to whom a licensed master electrician assigns a local registration under this title, or another person who engages in the business of providing electrical services may not contract to provide electrical services unless the electrical work, including completed operations, of the licensed master electrician, person assigned a local registration, or person who engages in the business of providing electrical services is covered by liability insurance:

(1) for general liability in the amount of at least $300,000; and

(2) for property damage in the amount of at least $100,000.

(c) (1) The insurance required under this section may be bought:

(i) by a master electrician; or

(ii) for a master electrician, by a person who engages in the business of providing electrical services and employs the master electrician.

(2) The insurance requirement of this section is not meant to cover electrical services that a master electrician provides outside the scope of employment for the person who carries the insurance.

(d) (1) A licensed apprentice electrician or licensed journeyperson electrician in the employ of a licensed master electrician need not obtain separate insurance while providing or assisting in providing electrical services under the control and supervision of the licensed master electrician.

(2) Subject to the restrictions of § 6–311 of this title regarding uninsured status, uninsured licensees who have had their uninsured status approved by the State Board need not obtain insurance while maintaining uninsured status.

(e) (1) An applicant for a State license shall submit proof of the insurance required under this section to the State Board with the license application.

(2) The State Board may not issue a State license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.

(f) Unless an applicant meets the insurance requirements of this section, the State Board may not renew a State license of the applicant to whom the insurance requirements of this section would apply.

(g) If the insurance required under this section is canceled, the insurer shall notify the State Board within 10 days after the date of cancellation.

(h) If a local jurisdiction requires a master electrician or other person who engages in the business of providing electrical services to execute a bond to the local jurisdiction, the applicant may satisfy the bond requirement by submitting proof of the insurance required under this section.

(i) The State Board shall specify on each license whether the license holder meets the insurance requirements of this section.
Md. Code, Housing and Community Development § 6-212 — MD Code / Article ghs / Title 6 / Subtitle 2 / Section 6-212
§6–212.
Status: in_force

(a) Subject to subsection (b) of this section, a sustainable community shall receive priority for State funding under the:

(1) Community Legacy Program under this subtitle;

(2) Sustainable Communities Tax Credit Program for commercial properties under Title 5A, Subtitle 3 of the State Finance and Procurement Article;

(3) Neighborhood Business Development Program under Subtitle 3 of this title;

(4) Maryland Historical Trust Grant Program under Title 5A, Subtitle 3 of the State Finance and Procurement Article; and

(5) African American Heritage Grant Program under Title 5A, Subtitle 3 of the State Finance and Procurement Article.

(b) Priority for State funding provided under subsection (a) of this section is available in a sustainable community only if:

(1) a political subdivision issues bonds, notes, or other similar instruments for that sustainable community under:

(i) Title 21, Subtitle 4, Part II of the Local Government Article;

(ii) Title 21, Subtitle 5 of the Local Government Article; or

(iii) Title 12, Subtitle 2 of the Economic Development Article; or

(2) a political subdivision demonstrates to the appropriate unit of State government that the political subdivision has funded infrastructure improvements in that sustainable community.
Md. Code, Housing and Community Development § 6-206 — MD Code / Article ghs / Title 6 / Subtitle 2 / Section 6-206
§6–206.
Status: in_force

(a) The Department shall:

(1) review each application and may request more information from the sponsor;

(2) accept public input on each application;

(3) submit each application to appropriate State units and appropriate members of the Sustainable Growth Subcabinet;

(4) consider any recommendation a State unit or member of the Sustainable Growth Subcabinet makes;

(5) consider geographic balance when reviewing applications; and

(6) give priority in awarding financial assistance to applicants that are likely to repay the financial assistance to a community development financial institution or to the Community Legacy Financial Assistance Fund.

(b) (1) The Department shall provide written notice to the political subdivision in which the proposed project is located.

(2) Except as provided in paragraph (5) of this subsection, the Department may not approve an application unless the political subdivision in which the proposed project is located approves the application by:

(i) resolution; or

(ii) letter, delivered to the Department by the political subdivision’s authorized designee, expressing support for the plan or project.

(3) If an application affects a sustainable community or an eligible opportunity zone entirely within a municipal corporation, the approval must come from the municipal corporation rather than the surrounding county.

(4) If an application affects a sustainable community or an eligible opportunity zone within more than one political subdivision, each political subdivision must approve it by:

(i) resolution; or

(ii) letter, delivered to the Department by the political subdivision’s authorized designee, expressing support for the plan or project.

(5) If the Department does not receive notice of approval or denial of an application from the affected jurisdictions within 45 days after notice of the proposed project is given in accordance with paragraph (1) of this subsection, the Department may approve the application.

(c) The Secretary shall award financial assistance to a sponsor or a sponsor’s designee:

(1) in the amount and of the type that the Secretary determines; and

(2) under the terms of a community legacy agreement.
Md. Code, Financial Institutions § 6-606.1 — MD Code / Article gfi / Title 6 / Subtitle 6 / Section 6-606.1
§6–606.
Status: in_force

§6–606.1.

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

(2) “Conventional home mortgage loan” has the meaning stated in § 11–501 of this article.

(3) “Dwelling” has the meaning stated in § 11–501 of this article.

(4) “Shared appreciation agreement” has the meaning stated in § 11–501 of this article.

(b) (1) This subsection applies only to a conventional home mortgage loan that is not already required by law or regulation by the State or federal government to be assumable in connection with the granting of absolute divorce.

(2) A credit union shall include in any conventional home mortgage loan a provision authorizing any of the existing borrowers to purchase the property interest of another borrower on the loan by assuming the seller’s portion of the mortgage if:

(i) The assumption is in connection with the granting of a decree of absolute divorce; and

(ii) The credit union determines that the assuming borrower qualifies for the loan.

(c) A credit union shall disclose an assumption provision in any conventional home mortgage loan in writing to a loan applicant before the completion of the loan application.
Md. Code, State Government § 6-504 — MD Code / Article gsg / Title 6 / Subtitle 5 / Section 6-504
§6–504.
Status: in_force

(a) The Ombudsman shall:

(1) serve as a source of knowledge and information on the State and federal laws, rules, and regulations governing the education of students with disabilities for parents, students, educators, and interested members of the public;

(2) provide impartial information to the parents of students with disabilities on how to navigate the process of obtaining special education evaluations and services;

(3) provide impartial information to parents, public schools, and educators on the procedures for resolving disagreements and disputes regarding the provision of special education or disciplinary action taken against students with disabilities;

(4) explain to parents of children with disabilities the rights of parents and students and how the parents may avail themselves of those rights;

(5) work neutrally and objectively with all persons to ensure that the special education system functions as intended;

(6) identify any patterns of complaints made by parents of students with disabilities and inform the State Department of Education about any such pattern; and

(7) serve as a general resource for disability–related information and make referrals to available State and federal services and programs for individuals with disabilities.

(b) In performing the duties assigned under this section, the Ombudsman shall treat all communications as confidential and may reveal the details of any communication only if:

(1) necessary to achieve the Ombudsman’s duties; and

(2) done in accordance with applicable State and federal law.
Md. Code, Estates and Trusts § 6-305 — MD Code / Article get / Title 6 / Subtitle 3 / Section 6-305
§6–305.
Status: in_force

(a) A personal representative may resign the personal representative’s position by filing a written statement of resignation with the register after the personal representative has given at least 20 days’ written notice to all interested persons of the personal representative’s intention to resign.

(b) If no one applies for the appointment of a successor personal representative or special administrator, and an appointment is not made within the 20-day period, the resigning personal representative may apply to the court for the appointment of the personal representative’s successor.

(c) The resignation is effective upon the appointment of a successor, and the resigning personal representative shall immediately account for and deliver the property belonging to the estate to the successor or special administrator.

(d) The resignation of a copersonal representative is effective upon the giving of notice and the filing of the statement of resignation as provided in this section.
Md. Code, Alcoholic Beverages and Cannabis § 6-327 — MD Code / Article gab / Title 6 / Subtitle 3 / Section 6-327
§6–327.
Status: in_force

(a) (1) A person in the business of selling or distributing alcoholic beverages in or from another state may not ship, cause to be shipped, or deliver alcoholic beverages directly to a recipient in the State if the seller, distributor, shipper, transporter, or recipient does not hold the required license or permit.

(2) The prohibition under paragraph (1) of this subsection applies to alcoholic beverages ordered or purchased through a computer network.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
Md. Code, State Government § 6-802 — MD Code / Article gsg / Title 6 / Subtitle 8 / Section 6-802
§6–802.
Status: in_force

(a) There is a Commission on Hate Crime Response and Prevention in the Office of the Attorney General.

(b) The Commission consists of the following members, appointed by the Attorney General:

(1) 15 individuals who represent or advocate on behalf of individuals who are members of a protected class under the State hate crime laws as set forth in Title 10, Subtitle 3 of the Criminal Law Article appointed by the Attorney General with the advice and consent of the Senate;

(2) one representative of the Maryland Association of Human Relations/Human Rights Agencies;

(3) one representative of the Maryland Chiefs of Police Association;

(4) one representative of the Maryland Commission on Civil Rights;

(5) one representative of the Maryland Coordination and Analysis Center;

(6) one representative of the Maryland Center for School Safety;

(7) one representative of the Maryland Sheriffs’ Association;

(8) one representative of the Maryland State’s Attorneys’ Association;

(9) one representative of the Office of the Public Defender; and

(10) two members of the general public.

(c) (1) The term of an appointed member of the Commission is 4 years.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Commission on June 1, 2024.

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

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

(d) (1) The Attorney General, or the Attorney General’s designee, is the chair of the Commission.

(2) The Office of the Attorney General shall provide staff for the Commission.

(e) In fiscal year 2025 and in each fiscal year thereafter, the Governor shall include funds in the State budget to implement this section, including funds to:

(1) employ a full–time assistant Attorney General to staff the Commission; and

(2) operate and maintain the office.

(f) (1) A majority of members of the Commission shall constitute a quorum for the transaction of business.

(2) The Commission may adopt rules governing the administration and proceedings of the Commission.

(g) A member of the Commission:

(1) may not receive compensation as a member of the Commission; but

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

(h) The Commission shall:

(1) develop strategies to prevent and respond to hate crime activity; and

(2) evaluate State laws and policies relating to hate crimes.

(i) (1) On or before December 1 each year, beginning in 2024, the Commission shall report to the State Department of Education on policy recommendations to address hate crimes that occur in schools.

(2) On or before December 1 each year, beginning in 2024, the Commission shall report to the General Assembly, in accordance with § 2–1257 of this article, on legislative recommendations to address hate crimes in the State.
Md. Code, Agriculture § 6-215 — MD Code / Article gag / Title 6 / Subtitle 2 / Section 6-215
§6–215.
Status: in_force

In any prosecution under this subtitle relating to the composition of a lot of commercial fertilizer or soil conditioner, a certified copy of the official analysis signed by the Secretary or the State Chemist is prima facie evidence of the composition.
Md. Code, Alcoholic Beverages and Cannabis § 6-102 — MD Code / Article gab / Title 6 / Subtitle 1 / Section 6-102
§6–102.
Status: in_force

Apparatus, materials, equipment, implements, devices, and other personal property designed, used, or intended to be used to violate a provision of this article relating to the unlawful manufacture of alcoholic beverages:

(1) are contraband; and

(2) may be seized and forfeited in accordance with this subtitle.
Md. Code, Financial Institutions § 6-305 — MD Code / Article gfi / Title 6 / Subtitle 3 / Section 6-305
§6–305.
Status: in_force

(a) The incorporators shall sign and acknowledge three copies of articles of incorporation.

(b) The articles of incorporation shall include:

(1) The name and residential address of each incorporator;

(2) A statement that each incorporator is 18 years of age or older;

(3) A statement that the incorporators are associating to form a credit union under this title;

(4) The name of the credit union;

(5) The field of membership type as described in § 6-301 of this subtitle;

(6) The municipal area and county where the credit union is to be located;

(7) The par value of the shares of the credit union;

(8) The number of shares to which each incorporator subscribes;

(9) The name and address in the State of the resident agent of the credit union for purposes of service of process in accordance with the Maryland General Corporation Law; and

(10) The number of directors and the names and residential addresses of the individuals who will serve as directors on the board until their successors are elected and qualify.
Md. Code, State Government § 6-106.2 — MD Code / Article gsg / Title 6 / Subtitle 1 / Section 6-106.2
§6–106.
Status: in_force

§6–106.2.

(a) This section applies to an action brought or asserted by the State arising from or related to alleged or threatened injuries to the environment, infrastructure, or the natural resources of the State associated with the allision between the vessel known as the Dali and the Francis Scott Key Bridge on March 26, 2024.

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

(2) “Proportionate share of liability” means the percentage of comparative responsibility assigned by a judge or jury to a settling party in accordance with this section.

(3) “Responsible person” means a person alleged to be liable in an action governed by this section.

(c) In an action governed by this section, the judge or jury shall:

(1) make a determination of the total liability, including damages, costs, and any other available relief;

(2) assign comparative responsibility to each party joined in the action, including all defendants, third–party defendants, intervenors, and any other named party, based on the party’s relative degree of fault or responsibility for the total liability; and

(3) if equity requires, determine the liability of a group of related persons on a collective basis.

(d) If the State has not obtained complete relief from a responsible person who has resolved the person’s liability to the State in a settlement of an action governed by this section, the State may:

(1) continue to pursue an action against any other responsible person who has not resolved the person’s liability to the State; or

(2) bring a new action against any other responsible person who has not resolved the person’s liability to the State.

(e) Notwithstanding any other provision of State law:

(1) the Maryland Uniform Contribution Among Joint Tort–Feasors Act under Title 3, Subtitle 14 of the Courts Article does not apply to an action governed by this section;

(2) if a responsible person resolves the person’s liability to the State in a settlement of an action governed by this section, the person may not be liable for claims for noncontractual contribution or indemnity regarding any action or claim resolved in the settlement; and

(3) a settlement of an action governed by this section that resolves the liability of a responsible person:

(i) does not release from liability any other responsible person except as specifically provided in the terms of the settlement; but

(ii) reduces the potential liability of all other responsible persons liable in whole or in part by the larger of:

1. the settling person’s proportionate share of liability; or

2. the amount the settling person pays to settle the action.

(f) This section may not be construed to:

(1) impair any express contractual rights;

(2) create new types of actions or claims;

(3) alter the burden of proof, causation standard, or elements of an action or claim governed by this section; or

(4) grant authority to the State or the Attorney General to bring actions or claims not otherwise authorized by law.
Md. Code, Criminal Law § 6-105 — MD Code / Article gcr / Title 6 / Subtitle 1 / Section 6-105
§6–105.
Status: in_force

(a) This section applies to a violation involving property damage of less than $1,000.

(b) A person may not willfully and maliciously set fire to or burn the personal property of another.

(c) A person who violates this section is guilty of the misdemeanor of malicious burning in the second degree and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.
Md. Code, Business Occupations and Professions § 6-311 — MD Code / Article gbo / Title 6 / Subtitle 3 / Section 6-311
§6–311.
Status: in_force

(a) The State Board shall place a State licensee on uninsured status and issue an uninsured status certificate to the State licensee, if the State licensee:

(1) submits to the State Board an application for uninsured status on the form that the State Board provides;

(2) pays to the State Board any applicable uninsured status application fee;

(3) except for the insurance requirements of § 6–604 of this title, qualifies for an active State license; and

(4) returns the State license to the State Board.

(b) The State Board shall place an applicant for an initial State license on uninsured status and issue an uninsured status certificate to the applicant, if the applicant:

(1) submits to the State Board an application for uninsured status on the form that the State Board provides;

(2) pays to the State Board an uninsured status application fee set by the State Board; and

(3) except for meeting the continuing education requirement established by the State Board under § 6–310(c) of this subtitle and the insurance requirements of § 6–604 of this title, qualifies for an active State license.

(c) (1) A master electrician licensee on uninsured status may not use a State license to obtain a local registration for providing electrical services as a master electrician in a local jurisdiction of the State.

(2) In a county that requires a State master electrician license, a licensee on uninsured status may only provide electrical services as a journeyperson electrician.

(d) (1) Unless the individual applies for another 2–year term as provided in this subsection, an individual on uninsured status loses that status on the expiration of the uninsured status.

(2) (i) At least 1 month before the uninsured status of an individual expires, the State Board shall mail or electronically transmit to the individual:

1. a renewal application form; and

2. a notice that states:

A. the date on which the uninsured status expires; and

B. the amount of the renewal fee.

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

(3) Before the uninsured status expires, an individual on uninsured status periodically may renew it for an additional 2–year term, if the individual:

(i) otherwise is entitled to be placed on uninsured status;

(ii) except for an electrical inspector, pays to the State Board a renewal fee set by the State Board;

(iii) submits to the State Board a renewal application on the form that the State Board provides; and

(iv) meets the continuing education requirements established by the State Board under § 6–310(c) of this subtitle.

(4) After an uninsured status expires, the former licensee may reapply for uninsured status only if the former licensee:

(i) otherwise is entitled to be placed on uninsured status;

(ii) pays to the State Board a reapplication fee set by the State Board; and

(iii) reapplies to the State Board for uninsured status within 2 years after initial expiration of uninsured status on a form that the State Board provides.

(5) The State Board shall renew the uninsured status of each individual or grant the reapplication for uninsured status of each former licensee who meets the requirements of this subsection.

(e) If an individual who was formerly on uninsured status who has failed to renew the uninsured status within 2 years of its expiration reapplies for that status, the State Board shall require the individual to comply with the requirements for obtaining a State license under §§ 6–304 and 6–307 of this subtitle and § 6–503 of this title as well as the requirements for uninsured status under this section.

(f) The State Board shall reactivate the State license of an individual who is on uninsured status, if the individual:

(1) meets the renewal requirements that are in effect when the individual requests the reactivation of the State license;

(2) submits to the State Board an application for reactivation on the form that the State Board provides; and

(3) pays to the State Board a reactivation fee set by the State Board.
Md. Code, Correctional Services § 6-118 — MD Code / Article gcs / Title 6 / Subtitle 1 / Section 6-118
§6–118.
Status: in_force

When considering disciplinary action related to the performance of a parole and probation employee, the Division shall consider the size of the employee’s active caseload and the classification of the offenders within the employee’s active caseload at the time of the event giving rise to the consideration of disciplinary action.
Md. Code, Financial Institutions § 6-319 — MD Code / Article gfi / Title 6 / Subtitle 3 / Section 6-319
§6–319.
Status: in_force

(a) Subject to the applicable provisions of the bylaws, the board may expel any member of the credit union who:

(1) Defaults on the payment of any monetary obligation to the credit union;

(2) Is convicted of a criminal offense involving dishonesty or breach of trust;

(3) Neglects or refuses to comply with the provisions of this title or of the bylaws of the credit union;

(4) Habitually neglects to pay debts or becomes insolvent or bankrupt; or

(5) Subject to the provisions of subsection (b) of this section, violates a written expulsion policy adopted by the board.

(b) (1) The board shall post conspicuously at each office of the credit union a notice of any expulsion policy adopted by the board.

(2) A person expelled by the board may request a reconsideration of the expulsion.
Md. Code, Environment § 6-1002 — MD Code / Article gen / Title 6 / Subtitle 10 / Section 6-1002
§6–1002.
Status: in_force

(a) Except as provided in subsection (c) of this section, unless the person is accredited by the Department under this subtitle, a person may not:

(1) Act as a contractor or supervisor for the purpose of providing lead paint abatement services;

(2) Provide training to others who provide lead paint abatement services; or

(3) Engage in the inspection of lead-based paint hazards.

(b) The Department shall, by regulation, create exceptions to the accreditation requirement for instances where the disturbance of lead-containing substance is incidental.

(c) An individual who acts only as a worker or project designer need not be accredited, but must be trained.
Md. Code, Insurance § 6-302 — MD Code / Article gin / Title 6 / Subtitle 3 / Section 6-302
§6–302.
Status: in_force

For purposes of this subtitle, the domicile of an alien insurer is:

(1) for an alien insurer formed under the laws of Canada or a province of Canada, the province in which its head office is located; and

(2) for any other alien insurer, the state in which its principal place of business in the United States is located.
Md. Code, Economic Development § 6-1006 — MD Code / Article gec / Title 6 / Subtitle 10 / Section 6-1006
§6–1006.
Status: in_force

(a) In this section, “investment”, “qualified investor”, and “qualified Maryland biotechnology company” have the meanings stated in § 10–725 of the Tax – General Article.

(b) For a qualified opportunity fund that is a qualified investor in a qualified Maryland biotechnology company under § 10–725 of the Tax – General Article, if the qualified Maryland biotechnology company, on or after March 1, 2018, is newly established in or expands into an opportunity zone:

(1) the Level 1 opportunity zone enhancement is 65% of the investment in a qualified Maryland biotechnology company in any county, not to exceed $575,000; and

(2) the Level 2 opportunity zone enhancement is 75% of the investment in the qualified Maryland biotechnology company in any county, not to exceed $750,000.

(c) The enhanced tax credit percentages and maximums authorized under subsection (b) of this section are in substitution for and not in addition to the percentages and maximums under § 10–725(d) of the Tax – General Article.
Md. Code, Business Regulation § 6-405 — MD Code / Article gbr / Title 6 / Subtitle 4 / Section 6-405
§6–405.
Status: in_force

(a) Except for parent-teacher organizations and youth sports organizations soliciting charitable contributions for programs for minors, a person exempt under § 6-102(c)(1)(ii)1 or 4 of this title shall submit annually a fund-raising notice to the Secretary of State on the form that the Secretary requires.

(b) A person exempt under § 6-102(c)(1)(ii)2 of this title shall submit an IRS Form 990 to the Secretary of State if required to file one with the Internal Revenue Service.
Md. Code, Business Occupations and Professions § 6-306 — MD Code / Article gbo / Title 6 / Subtitle 3 / Section 6-306
§6–306.
Status: in_force

(a) Except as otherwise provided in § 6–306.1 of this subtitle, an applicant who otherwise qualifies for a State license is entitled to be examined as provided in this section.

(b) The State Board shall give examinations to qualified applicants at least twice a year, at the dates, times, and places that the State Board determines.

(c) (1) At least 15 days before the examination, the State Board shall notify each applicant whether the applicant is eligible to be examined under this section.

(2) The notice shall specify the passing score for examinations given under this subtitle.

(d) (1) The State Board shall determine the subjects, scope, and, subject to subsection (e) of this section, form of the examination from a list of questions submitted by the Maryland Uniform Electrical Licensing Examination Committee, Inc.

(2) The State Board shall choose examination questions that:

(i) test the applicant’s knowledge of all applicable codes, laws, or principles of electrical installation; and

(ii) are constructed to determine the fitness of the applicant for a State license.

(3) The State Board may appoint a committee to develop examination questions for examinations given under this subtitle.

(e) The form of each examination shall be objective and written.

(f) The passing score for each examination shall be 70%.

(g) An applicant shall pay to the State Board or the State Board’s designee an examination fee set by the State Board not to exceed the cost of the required examination.

(h) Within 45 days after the examination, the State Board shall mail or electronically transmit to each applicant notice of the applicant’s examination score.

(i) On written request to the State Board, an applicant who failed an examination may review the answers that the applicant gave and the scores for those answers, at a time and place that the State Board determines.

(j) (1) If an applicant fails to appear for a scheduled examination, the applicant may reapply for an examination.

(2) The applicant:

(i) shall submit to the State Board an application for reexamination on the form that the State Board provides; and

(ii) unless, for good cause, the State Board waives payment of the examination fee, shall again pay the examination fee under subsection (g) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 6-310 — MD Code / Article gab / Title 6 / Subtitle 3 / Section 6-310
§6–310.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, a license holder may not directly or indirectly give or offer without charge food to a customer to induce the customer to purchase alcoholic beverages for on–premises consumption.

(2) This section does not apply to hors d’oeuvres, pretzels, cheese, or crackers that are placed on a counter in the licensed premises for customers to consume without charge.

(b) The placement of food by a license holder in the licensed premises for customers to consume without charge is prima facie evidence of a violation of this section.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10 for each offense.
Md. Code, Financial Institutions § 6-714 — MD Code / Article gfi / Title 6 / Subtitle 7 / Section 6-714
§6–714.
Status: in_force

(a) As approved by the Commissioner, a credit union may enter into marketing arrangements with a person to facilitate the credit union’s members’ voluntary purchase of goods or other services from third parties, consistent with the purposes of the credit union.

(b) A credit union may be compensated for the services provided under subsection (a) of this section.
Md. Code, Environment § 6-844 — MD Code / Article gen / Title 6 / Subtitle 8 / Section 6-844
§6–844.
Status: in_force

(a) There is a Lead Poisoning Prevention Fund in the Department.

(b) The Fund consists of:

(1) All fees collected and penalties imposed under this subtitle; and

(2) Moneys received by grant, donation, appropriation, or from any other source.

(c) The Department shall use the Fund to cover the costs of fulfilling the duties and responsibilities of the Department and the Commission under this subtitle, and for program development of these activities.

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

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

(3) The Fund shall be invested and reinvested and any investment earnings shall be paid into the Fund.

(e) For each fiscal year, at least $750,000 of the moneys in the Fund shall be used only for any of the following purposes:

(1) Community outreach and education programs under § 6-848 of this subtitle; and

(2) Enforcement efforts under this subtitle.
Md. Code, State Personnel and Pensions § 6-203 — MD Code / Article gsp / Title 6 / Subtitle 2 / Section 6-203
§6–203.
Status: in_force

An appointing authority may appoint an employee to a position in the skilled service, professional service, management service, or executive service only if the position has been assigned to a class in accordance with Title 4, Subtitle 2 of this article.
Md. Code, Financial Institutions § 6-402 — MD Code / Article gfi / Title 6 / Subtitle 4 / Section 6-402
§6–402.
Status: in_force

(a) The supervisory committee is responsible for ensuring that the officials and officers:

(1) Meet required financial reporting objectives; and

(2) Establish practices and procedures sufficient to safeguard members’ assets.

(b) To meet its responsibilities, the supervisory committee shall determine whether:

(1) Internal controls are:

(i) Established and effectively maintained to achieve the credit union’s financial reporting objectives; and

(ii) Sufficient to satisfy the requirements of the supervisory committee audit, verification of members’ accounts, and the supervisory committee’s additional responsibilities;

(2) The credit union’s accounting records and financial reports are promptly prepared and accurately reflect operations and results;

(3) The relevant plans, policies, and control procedures established by the board are properly administered; and

(4) The board’s plans, policies, and control procedures are sufficient to safeguard against error, carelessness, conflict of interest, self-dealing, and fraud.

(c) (1) The supervisory committee shall submit:

(i) A report on the annual audit to the board; and

(ii) A summary of the report on the annual audit to the members at the annual meeting of the members.

(2) The supervisory committee shall conduct or cause to be conducted and shall submit to the board, supplementary audits as the supervisory committee deems necessary.

(3) The supervisory committee shall submit written reports periodically to the board addressing activities since the last report.

(d) (1) The supervisory committee audit of a credit union shall occur at least once each calendar year and shall cover the period elapsed since the last audit period.

(2) The supervisory committee annual audit shall meet the following minimum guidelines:

(i) A credit union with assets over $250,000,000 shall have an opinion audit of the credit union’s financial statements performed by an independent licensed certified public accountant; and

(ii) A credit union with assets of less than $250,000,000 may satisfy the audit requirements by:

1. An opinion audit of the credit union’s financial statements performed by an independent licensed certified public accountant;

2. In accordance with the provisions of paragraph (3) of this subsection, an agreed upon procedures engagement performed by a qualified person with appropriate knowledge of auditing concepts and credit union procedures; or

3. An audit performed by the supervisory committee or the credit union’s internal auditors.

(3) The following minimum procedures shall be satisfied under paragraphs (2)(ii)2 and (2)(ii)3 of this subsection:

(i) Determine that the reserve fund is sufficient in accordance with § 6-703 of this title;

(ii) Determine that the credit union meets minimum net worth requirements in accordance with § 6-702 of this title;

(iii) Review and test the bank statement reconciliations by testing for mathematical accuracy and ensuring that reconciling items are reasonable and clear promptly;

(iv) Perform an unannounced cash count at some time during the period covered by the audit and ensure that the amount of cash counted agrees to the general ledger;

(v) Review a sufficient number of current and delinquent loans to determine whether or not they are in accordance with the credit union’s underwriting policies and procedures as established by the board;

(vi) Determine that the trial balance listing of loans agrees with the general ledger;

(vii) Determine that the allowance for the loan and lease loss account meets the minimum standards required under § 6-704 of this title;

(viii) Determine that all loans that are delinquent 60 days or more are reported to the board monthly;

(ix) Determine that the investment subsidiary or list of investments agrees with the general ledger by performing the following procedures:

1. Compare the balance of investments and accrued interest receivable from the subsidiary ledger to the general ledger;

2. Choose a sample of investments and compare the market value per the subsidiary ledger to an outside source;

3. Test the accrued interest and compare it to the subsidiary ledger;

4. Test a sample of investment purchases or sales during the audit period for proper authorization to make sure that the accounting treatment is correct, compare the terms of the transactions to a broker advice, and make sure that the investment is in accordance with board policy; and

5. Confirm all investments with any depository institution, broker, or third party safekeeping agent, or inspect the original certificate, if it is in the possession of the credit union;

(x) Determine that the trial balance listing of shares and deposits agrees with the general ledger;

(xi) Perform a minimum of 20 share and deposit dividend and interest calculations paid during the audit period;

(xii) Obtain a list of all overdrawn share and deposit accounts and determine that management is attempting to collect these items;

(xiii) Obtain a listing of other asset and other liability accounts, make a selection of five of these accounts including any suspense or clearing accounts, and perform the following procedures:

1. Obtain reconciliations of the selected accounts and compare the balance to the general ledger;

2. Test the mathematical accuracy of the reconciliation; and

3. Determine whether any reconciling items have been outstanding for more than 30 days;

(xiv) Perform a minimum of 20 loan interest calculations collected during the audit period;

(xv) Review the minutes of the board meetings to ensure that they document relevant decisions, including decisions about charged off loans, interest rate changes, policy changes, interest and dividend rates, personnel issues, and the annual budget; and

(xvi) Other auditing procedures as are deemed necessary by the board, the Commissioner, or the supervisory committee.

(e) (1) At least once every 2 years the supervisory committee or its designee shall verify the accounts of the members in accordance with paragraph (2) of this subsection.

(2) The verification shall be performed using one of the following methods:

(i) A 100% verification of the share and loan accounts of all members;

(ii) A statistical sampling of member share and loan accounts done in connection with an opinion audit of the financial statements performed by a licensed certified public accountant; or

(iii) A statistical sampling method that provides a random selection that is expected to be representative of the membership.

(f) (1) A credit union with assets in excess of $250,000,000 shall have an internal audit function in accordance with paragraph (2) of this subsection.

(2) The supervisory committee shall:

(i) Hire one or more internal auditors to assist the supervisory committee in the performance of the audit duties of the supervisory committee;

(ii) Adopt and execute an annual internal audit plan that adheres to board policies and includes:

1. An evaluation of internal controls; and

2. Operational procedures; and

(iii) Direct the duties of the internal auditor.

(g) Any agreement between the supervisory committee and an outside auditor shall be documented by an engagement letter that specifies the terms, conditions, and objectives of the arrangement.

(h) (1) All work performed by the supervisory committee, outside auditors, or internal auditors shall be documented by appropriate work papers.

(2) The Commissioner shall have access to the work papers for a period of up to 3 years after the completion of the audit procedure.

(i) (1) At any time, by a unanimous vote, the supervisory committee may suspend a director, an officer, or a member of the credit committee for cause.

(2) (i) Subject to the provisions of subparagraph (ii) of this paragraph, the suspension will take effect immediately and stay in force until the board convenes a special meeting of the members to act on the suspension.

(ii) The meeting of the members shall take place no later than 15 days from the date of the vote to suspend, for the purpose of voting on the suspension.

(3) The supervisory committee shall notify the Commissioner in writing immediately at the time of the suspension of the director, officer, or member of the credit committee.

(j) The supervisory committee shall send promptly to the Commissioner a copy of the annual audit and all recommendations, charges, and significant findings that the supervisory committee presents to the board.
Md. Code, Business Regulation § 6-610 — MD Code / Article gbr / Title 6 / Subtitle 6 / Section 6-610
§6–610.
Status: in_force

A person may not falsely represent that:

(1) the person on whose behalf a solicitation or sale is made is a charitable organization; or

(2) the proceeds of a solicitation or sale will be used for a charitable purpose.
Md. Code, Education § 6-1005 — MD Code / Article ged / Title 6 / Subtitle 10 / Section 6-1005
§6–1005.
Status: in_force

(a) Each county board may convene a local career ladder development board.

(b) The membership of the local career ladder development board shall include advanced teachers and stakeholders.

(c) The local career ladder development board shall set standards for teachers to achieve each tier in the teacher leadership track in the county.
Md. Code, Criminal Procedure § 6-105 — MD Code / Article gcp / Title 6 / Subtitle 1 / Section 6-105
§6–105.
Status: in_force

(a) Except as provided in subsection (b) of this section, a court in which a motion for a new trial in a criminal case is pending shall hear the motion:

(1) within 10 days after the motion is filed; or

(2) if an agreed statement of the evidence or a statement of the evidence certified by the trial judge is filed, within 10 days after the statement is filed.

(b) The time for the hearing of a motion for a new trial may be extended by:

(1) a written agreement, signed by the State’s Attorney of the county in which the motion is pending and the defendant or the defendant’s counsel; or

(2) an order signed by the trial judge.
Md. Code, Education § 6-102 — MD Code / Article ged / Title 6 / Subtitle 1 / Section 6-102
§6–102.
Status: in_force

(a) Teachers’ certificates shall be of two classes:

(1) First class; and

(2) Second class.

(b) Each teacher’s certificate issued by the State Superintendent shall be second class when issued.

(c) Each county superintendent shall classify the certificate of each teacher employed by the school system of the superintendent’s county at least once every 2 years.

(d) In determining the class of the certificate of a teacher, the county superintendent shall consider:

(1) Scholarship;

(2) Executive ability;

(3) Personality; and

(4) Teaching efficiency.

(e) Each county superintendent shall keep a record of the kind, grade, and class of certificate held by each teacher employed by the school system of the superintendent’s county.
Md. Code, State Government § 6-501 — MD Code / Article gsg / Title 6 / Subtitle 5 / Section 6-501
§6–501.
Status: in_force

In this subtitle, “Ombudsman” means the Special Education Ombudsman.
Md. Code, Environment § 6-905 — MD Code / Article gen / Title 6 / Subtitle 9 / Section 6-905
§6–905.
Status: in_force

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

(a–1) “Electric relay” means a product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit.

(a–2) “Electric switch” means a product or device that opens or closes an electrical circuit.

(a–3) “Gas valve switch” means a product or device that opens or closes a gas valve.

(b) “Manufacturer” means a person that:

(1) Produces a product;

(2) For a multicomponent product, produces or assembles the final product; or

(3) Serves as an importer or domestic distributor of a product produced outside of the United States.

(c) “Marketer” means a person that manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on:

(1) A fever thermometer containing mercury;

(2) A thermostat containing mercury;

(3) An electric switch containing mercury or a product component with an electric switch containing mercury;

(4) An electric relay containing mercury or a product component with an electric relay containing mercury; or

(5) A gas valve switch containing mercury or a product component with a gas valve switch containing mercury.

(d) “Mercury–added product” means any of the following products if containing elemental mercury or a mercury compound that has been added to the product for any reason:

(1) Dyes or pigments; and

(2) Fluorescent lamps.

(e) “Motor vehicle” has the meaning stated in § 11–135 of the Transportation Article.

(f) “Reclamation facility” means a site:

(1) Where equipment is used to recapture mercury from mercury–added fluorescent lamps for the purpose of recycling or reusing the mercury; or

(2) That collects mercury–containing components from mercury–added fluorescent lamps for the eventual recapture and recycling or reuse of the mercury.

(g) “Thermostat” means a device that regulates temperature in an enclosed area by controlling heating, cooling, or ventilation equipment.
Md. Code, Economic Development § 6-613 — MD Code / Article gec / Title 6 / Subtitle 6 / Section 6-613
§6–613.
Status: in_force

(a) Private donations to a research endowment shall be considered a qualified donation if:

(1) the donation or pledge is expressly or specifically restricted by the donor for one or more of the eligible uses under § 6–614 of this subtitle;

(2) (i) except as provided in item (ii) of this item, the individual donation or pledge is a minimum of $500,000 or is bundled with other qualified donations to meet the $500,000 threshold; or

(ii) for an individual donation or pledge made to a research endowment of a nonprofit institution of higher education that has an annual unrestricted current funds budget of less than $250,000,000, the individual donation or pledge is a minimum of $200,000 or is bundled with other qualified donations to meet the $200,000 threshold; and

(3) the nonprofit institution of higher education accepts the donation from individuals, partnerships, associations, public or private for–profit and nonprofit corporations, or nongovernmental foundations.

(b) Notwithstanding subsection (a) of this section, a nonprofit institution of higher education may designate unrestricted gifts or bequests, or a portion of an unrestricted gift or bequest, for use as a qualified donation.

(c) A qualified donation excludes:

(1) any donation received by a nonprofit institution of higher education prior to October 1, 2014;

(2) educational or general fees, auxiliary fees, or other student fees generated by the institution;

(3) proceeds from promissory notes, bonds, loans, or other instruments evidencing an indebtedness or any other obligation of repayment by the governing body of a nonprofit institution of higher education to the maker of the instrument; or

(4) any other funds received from the State or federal government.

(d) (1) The president of each nonprofit institution of higher education or the president’s designee shall make the initial determination of whether a donation constitutes a qualified donation.

(2) The president of the nonprofit institution of higher education shall provide a report to the governing body of the institution at least once each fiscal year regarding the amount of qualified donations the institution has received.
Md. Code, Health Occupations § 6-101 — MD Code / Article gho / Title 6 / Subtitle 1 / Section 6-101
§6–101.
Status: in_force

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

(b) “Board” means the State Board of Massage Therapy Examiners.

(c) “Health care setting” means:

(1) The office of a health care provider regulated under this article; or

(2) A health care facility as defined in § 19–114 of the Health – General Article.

(d) “License” means, unless the context requires otherwise, a license issued by the Board to practice massage therapy.

(e) “Licensed massage therapist” means an individual who is licensed by the Board to practice massage therapy.

(f) (1) “Practice massage therapy” means the professional use of manual techniques on soft tissues of the human body for compensation including stroking, kneading, tapping, stretching, compression, vibration, and friction, with or without the aid of heat limited to hot packs and heating pads, cold water, or nonlegend topical applications, for the purpose of improving circulation, enhancing muscle relaxation, relieving muscular pain, reducing stress, or promoting health and well–being.

(2) “Practice massage therapy” includes:

(i) Hands–on application, consisting of pressure or movement on an individual, to specifically affect the electromagnetic energy or energetic field of the human body if this practice includes use of the manual techniques set forth in paragraph (1) of this subsection; and

(ii) Subject to additional education and training requirements as determined by the Board in regulations, instrument–assisted soft tissue manipulation techniques that enhance or imitate manual techniques, including:

1. Muscle scraping; and

2. Vibration therapy.

(3) “Practice massage therapy” does not include:

(i) The diagnosis of illness, disease, or injury;

(ii) The adjustment, manipulation, or mobilization of any of the articulations of the osseous structures of the human body or spine; or

(iii) Except as provided in paragraph (2) of this subsection, the laying on of hands, consisting of pressure or movement on an individual who is fully clothed, except for footwear, to specifically affect the electromagnetic energy or energetic field of the human body.

(4) The provisions of paragraph (3) of this subsection do not preclude the application of the modalities described in paragraph (1) of this subsection to an individual who has an injury.

(g) “Registered massage practitioner” means an individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting.

(h) “Registration” means, unless the context requires otherwise, a registration issued by the Board to practice massage therapy in a setting that is not a health care setting.

(i) “Supervised hands–on techniques” means massage techniques that are performed under the direct, in–person supervision of a qualified licensed instructor who is on–site in:

(1) A classroom;

(2) A laboratory;

(3) A school clinic; or

(4) A health care setting.
Md. Code, Environment § 6-819 — MD Code / Article gen / Title 6 / Subtitle 8 / Section 6-819
§6–819.
Status: in_force

(a) The modified risk reduction standard shall consist of performing the following:

(1) Passing the test for lead–contaminated dust under § 6–816 of this subtitle; and

(2) Performing the following lead hazard reduction treatments:

(i) A visual review of all exterior and interior painted surfaces;

(ii) The removal and repainting of chipping, peeling, or flaking paint on exterior and interior painted surfaces;

(iii) The repair of any structural defect that is causing the paint to chip, peel, or flake, that the owner of the affected property has knowledge of or, with the exercise of reasonable care, should have knowledge of;

(iv) Repainting, replacing, or encapsulating all interior lead–based paint or untested painted windowsills with vinyl, metal, or any other material in a manner and under conditions approved by the Department;

(v) Ensuring that caps of vinyl, aluminum, or any other material in a manner and under conditions approved by the Department, are installed in all window wells where lead–based paint or untested paint exists in order to make the window wells smooth and cleanable;

(vi) Except for a treated or replacement window that is free of lead–based paint on its friction surfaces, fixing the top sash, subject to federal, State, or local fire code standards, of all windows in place in order to eliminate the friction caused by the movement of the top sash;

(vii) Rehanging all doors in order to prevent the rubbing together of a lead–painted surface with another surface;

(viii) Ensuring that all kitchen and bathroom floors are overlaid with a smooth, water–resistant covering; and

(ix) HEPA–vacuuming and washing with high phosphate detergent or its equivalent, as determined by the Department, any area of the affected property where repairs were made.

(b) (1) A tenant of an affected property may notify the owner of the affected property of a defect in the affected property under this section in accordance with this subsection.

(2) Notice of a defect under this section shall consist of:

(i) If the modified risk reduction standard has not been satisfied for the affected property, the presence of chipping, peeling, or flaking paint on the interior or exterior surfaces of the affected property or of a structural defect causing chipping, peeling, or flaking paint in the affected property; or

(ii) If the modified risk reduction standard has been satisfied for the affected property, a defect relating to the modified risk reduction standard.

(c) (1) After February 23, 1996, an owner of an affected property shall satisfy the modified risk reduction standard:

(i) Within 30 days after receipt of written notice that a person at risk who resides in the property:

1. Has an elevated blood lead level documented by a test for EBL greater than or equal to 15 �g/dl before February 24, 2006 or greater than or equal to 10 �g/dl between February 24, 2006 and June 30, 2020; or

2. Has an elevated blood lead level documented by a test for elevated blood lead level greater than or equal to the reference level defined in § 6–801(q) of this title on or after July 1, 2020, and an environmental investigation conducted under § 6–305 of this title has concluded that there is a defect at the affected property; or

(ii) Within 30 days after receipt of written notice from the tenant, or from any other source, of:

1. A defect; and

2. The existence of a person at risk in the affected property.

(2) (i) An owner who receives multiple notices of an elevated blood lead level under this subsection or multiple notices of defect under subsection (d) of this section may satisfy all such notices by subsequent compliance with the risk reduction measures specified in subsection (a) of this section, as documented by satisfaction of subsection (f) or (g) of this section, if the owner complies with the risk reduction measures specified in subsection (a) of this section after the date of the test documenting the elevated blood lead level or after the date the notices of defect were issued.

(ii) Subparagraph (i) of this paragraph does not affect an owner’s obligation to perform the risk reduction measures specified in subsection (a) of this section for a triggering event that occurs after the owner satisfies the provisions of subparagraph (i) of this paragraph.

(d) After May 23, 1997, an owner of an affected property shall satisfy the modified risk reduction standard within 30 days after receipt of written notice from the tenant, or from any other source, of a defect.

(e) An owner of an affected property is in compliance with subsection (c) or (d) of this section if, as applicable:

(1) The owner satisfies the modified risk reduction within 30 days after receiving a notice of elevated blood lead level or a notice of defect in accordance with this section; or

(2) The owner provides for the temporary relocation of tenants to a lead–free dwelling unit or another dwelling unit that has satisfied the risk reduction standard in accordance with § 6–815 of this subtitle within 30 days after the receipt of a notice of elevated blood lead level or a notice of defect.

(f) Except as provided in § 6–817(b) of this subtitle and except for properties constructed between January 1, 1950, and December 31, 1977, both inclusive, on and after February 24, 2006, an owner of affected properties shall ensure that 100% of the owner’s affected properties in which a person at risk does not reside have satisfied the modified risk reduction standard.

(g) An owner of an affected property shall verify satisfaction of the modified risk reduction standard by submitting a report from an accredited inspector to the Department.

(h) Notice given under this section shall be written, and shall be sent by:

(1) Certified mail, return receipt requested; or

(2) A verifiable method approved by the Department.

(i) The Department may, by regulation, eliminate any treatment from the modified risk reduction standard if the Department finds that performing the treatment in an occupied property is harmful to public health.

(j) (1) Exterior work required to satisfy the modified risk reduction standard may be delayed, pursuant to a waiver approved by the appropriate person under paragraph (2) of this subsection, during any time period in which exterior work is not required to be performed under an applicable local housing code or, if no such time period is specified, during the period from November 1 through April 1, inclusive.

(2) A waiver under paragraph (1) of this subsection may be approved by the code official for enforcement of the housing code or minimum livability code of the local jurisdiction, or, if there is no such official, the Department of Housing and Community Development.

(3) Notwithstanding the terms of the waiver, all work delayed in accordance with paragraph (1) of this subsection shall be completed within 30 days after the end of the applicable time period.

(4) Any delay allowed under paragraph (1) of this subsection may not affect the obligation of the owner to complete all other components of the risk reduction standard and to have those components inspected and verified.

(k) The report of the inspector verifying compliance with this subtitle shall create a rebuttable presumption, that may be overcome by clear and convincing evidence, that the owner is in compliance with the modified risk reduction standard for the affected property unless there is:

(1) Proof of actual fraud as to that affected property; or

(2) Proof that the work performed on the affected property was not performed by or under the supervision of personnel accredited under § 6–1002 of this title.
Md. Code, State Government § 6-305 — MD Code / Article gsg / Title 6 / Subtitle 3 / Section 6-305
§6–305.
Status: in_force

(a) In this section, “Fund” means the People’s Insurance Counsel Fund.

(b) There is a People’s Insurance Counsel Fund.

(c) The purpose of the Fund is to pay all costs and expenses incurred by the Division in carrying out its duties under this subtitle.

(d) The Fund shall consist of:

(1) all revenue deposited into the Fund that is received through the imposition and collection of the assessment under § 6-304 of this subtitle; and

(2) income from investments that the State Treasurer makes for the Fund.

(e) (1) Expenditures from the Fund may be made only by:

(i) an appropriation from the Fund approved by the General Assembly in the annual State budget; or

(ii) the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article.

(2) (i) If, in any fiscal year, the amount of the assessment revenue collected by the Commissioner and deposited into the Fund exceeds the actual costs and expenses incurred by the Division to carry out its duties under this subtitle, the excess amount shall be carried forward within the Fund for the purpose of reducing the assessment imposed by the Commissioner for the following fiscal year.

(ii) If, in any fiscal year, the amount of the assessment revenue collected by the Commissioner and deposited into the Fund is insufficient to cover the actual expenditures incurred by the Division to carry out its duties under this subtitle, and expenditures are made in accordance with the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article, an additional assessment may be made.

(f) (1) The State Treasurer is the custodian of the Fund.

(2) The Fund shall be invested and reinvested in the same manner as State funds.

(3) The State Treasurer shall deposit payments received from the Commissioner into the Fund.

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

(2) No part of the Fund may revert or be credited to:

(i) the General Fund of the State; or

(ii) a special fund of the State, unless otherwise provided by law.
Md. Code, Education § 6-906 — MD Code / Article ged / Title 6 / Subtitle 9 / Section 6-906
§6–906.
Status: in_force

In any action brought under this subtitle, it is a defense that the personnel action was based on grounds other than the public school employee’s exercise of any rights protected under this subtitle.
Md. Code, Transportation § 6-201.1 — MD Code / Article gtr / Title 6 / Subtitle 2 / Section 6-201.1
§6–201.
Status: in_force

§6–201.1.

(a) All actions of the Commission which, in the judgment of the Chairman, impact upon the Transportation Trust Fund are subject to the approval of the Chairman.

(b) The Chairman of the Commission shall:

(1) Subject to the approval of the Governor, appoint the Executive Director of the Administration in accordance with § 5–501 of the General Provisions Article; and

(2) Approve the Administration’s budget before its submission to the General Assembly as part of the Governor’s proposed budget.

(c) The Chairman of the Commission may:

(1) Remove the Executive Director of the Administration; and

(2) While acting as Secretary of the Department, provide the Commission and the Administration with the personnel of the Department that the Secretary considers necessary to carry out the provisions of this title.