Md. Code, Natural Resources § 8-1814 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1814
§8–1814.
Status: in_force

(a) After 760 days have elapsed from the date upon which criteria adopted by the Commission become effective, any State or local agency that proposes development which has not been subject to project approval by the local jurisdiction under an approved program, including buildings, treatment plants, roads, railroads, and airports, in the Chesapeake Bay Critical Area and Atlantic Coastal Bays Critical Area shall, before the State or local agency begins the development, receive the approval of the Commission in accordance with procedures or exceptions set forth in regulations adopted by the Commission using the standards set forth in § 8–1808(b)(1) through (3) of this subtitle. These regulations shall be adopted on or before September 1, 1987, and only after consultation with affected State and local agencies.

(b) The Secretary shall consult with the Commission in making consistency determinations under the Federal Coastal Zone Management Program.

(c) This subtitle is not intended to relieve any obligation otherwise imposed by law or regulation to obtain licenses, permits, or approvals from State and local regulatory agencies or to comply with applicable State and local regulatory prohibitions or restrictions.
Md. Code, Real Property § 8-808 — MD Code / Article grp / Title 8 / Subtitle 8 / Section 8-808
§8–808.
Status: in_force

(a) Within 30 days of any change of address of a leasehold tenant, the leasehold tenant shall notify the ground lease holder of the change, including the new address and the date of the change.

(b) Within 30 days of any transfer of a leasehold interest on property subject to a ground lease, the leasehold tenant shall notify the ground lease holder of the transfer. The notification shall include the name and address of the transferee, and date of transfer.

(c) A leasehold tenant shall send notice under this section to the last known address of the ground lease holder.
Md. Code, Labor and Employment § 8-105.1 — MD Code / Article gle / Title 8 / Subtitle 1 / Section 8-105.1
§8–105.
Status: in_force

§8–105.1.

(a) Except as provided in subsection (b) of this section or otherwise required by law, information provided to the Secretary under § 8–1001(b)(3) of this title for purposes of determining whether a claimant left employment as a result of domestic violence shall be confidential and not subject to disclosure to any party.

(b) (1) The Secretary may notify the employing unit in general terms that a claimant has left employment as a result of domestic violence.

(2) The Secretary may not disclose information provided to the Secretary under § 8–1001(b)(3)(ii) of this title to the employing unit unless the employing unit can establish that:

(i) the employing unit has a legitimate need to question the veracity of the information;

(ii) the employing unit’s need for the information outweighs the claimant’s personal privacy interest; and

(iii) the employing unit is unable to obtain the information from any other source.

(3) Before disclosing information under this section, the Secretary shall:

(i) notify the claimant; and

(ii) redact unnecessary identifying information.

(4) An employing unit that receives information under this section may not further disseminate the information.

(c) Information related to the status of a claimant or a claimant’s spouse, minor child, or parent as a victim of domestic violence is not public information subject to disclosure as part of the appeals process.

(d) The Secretary may adopt regulations to further protect the privacy of the claimant.
Md. Code, Corporations and Associations § 8-601 — MD Code / Article gca / Title 8 / Subtitle 6 / Section 8-601
§8–601.
Status: in_force

(a) The liability of a real estate investment trust extends to as much of the trust estate, including the whole, as necessary to discharge the liability.

(b) A shareholder or trustee of a real estate investment trust shall have the immunity from liability described under § 5-419 of the Courts and Judicial Proceedings Article.
Md. Code, Criminal Law § 8-606 — MD Code / Article gcr / Title 8 / Subtitle 6 / Section 8-606
§8–606.
Status: in_force

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

(2) “Access” means to instruct, communicate with, store data in, or retrieve data from, or otherwise use equipment including computers and other data processing equipment or resources connected with computers or other data processing equipment.

(3) “Public record” includes an official book, paper, or record, kept on a manual or automated basis, that is created, received, or used by a unit of:

(i) the State;

(ii) a political subdivision of the State; or

(iii) a multicounty agency.

(b) A person may not or may not attempt to:

(1) willfully make a false entry in a public record;

(2) except under proper authority, willfully alter, deface, destroy, remove, or conceal a public record; or

(3) except under proper authority, willfully and intentionally access a public record.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
Md. Code, Health Occupations § 8-702 — MD Code / Article gho / Title 8 / Subtitle 7 / Section 8-702
§8–702.
Status: in_force

Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice registered nursing, advanced practice registered nursing, or licensed practical nursing beyond the scope of the license or certificate issued to that individual.
Md. Code, Tax - General § 8-408 — MD Code / Article gtg / Title 8 / Subtitle 4 / Section 8-408
§8–408.
Status: in_force

The Department shall:

(1) administer the laws that relate to the public service company franchise tax;

(2) adopt reasonable regulations to administer the provisions of laws that relate to the public service company franchise tax;

(3) design the returns and forms that, on completion, provide the information required for the administration of the public service company franchise tax laws;

(4) collect the public service company franchise tax revenue, including penalties and interest;

(5) pay that revenue into the General Fund of the State; and

(6) certify to the Comptroller that revenue.
Md. Code, Tax - General § 8-218 — MD Code / Article gtg / Title 8 / Subtitle 2 / Section 8-218
§8–218.
Status: in_force

A financial institution may claim a credit against the financial institution franchise tax for employer-provided long-term care insurance as provided under § 10-710 of this article.
Md. Code, Human Services § 8-704 — MD Code / Article ghu / Title 8 / Subtitle 7 / Section 8-704
§8–704.
Status: in_force

A contract awarded or renewed between an agency and a provider for a residential child care program shall:

(1) require the provider to fulfill the licensing requirements under §§ 5–507 through 5–509 of the Family Law Article or §§ 9–235 through 9–237 of this article;

(2) include the following provisions:

(i) a description of the services the provider is required to provide;

(ii) an explanation from the provider of how the program will further the objectives of the Plan under § 8–703(b) of this subtitle; and

(iii) any other provision the contracting agency considers necessary;

(3) require the provider to report to the contracting agency in writing within 24 hours after a critical incident, as defined in regulation, involving a child in the provider’s care;

(4) include a plan for the residential child care program’s interaction with the surrounding community, including a mechanism for responding to complaints;

(5) require the provider to report to the contracting agency community complaints that the residential child care program receives and the resolution of each complaint within 10 days after the complaint is received;

(6) require that the residential child care program provide health care services under § 5–533 of the Family Law Article;

(7) require the provider to maintain health care records during the placement of a child in the residential child care program, including:

(i) health insurance information;

(ii) powers of attorney, if applicable;

(iii) a history of primary and preventive care and any arrangements made for continuing care;

(iv) a history of the health care provided for behavioral, mental, or substance abuse disorders and any arrangements made for continuing care; and

(v) documentation of doctor and dentist visits;

(8) require the provider to comply with § 7–309 of the Education Article;

(9) require an annual financial disclosure, including:

(i) a certified financial audit of revenues and expenditures prepared by a licensed accountant;

(ii) a certified financial audit prepared by a licensed accountant that compares actual revenues and expenditures to the budget submitted to the interagency rates committee for the purpose of determining the program’s rate; and

(iii) a statement identifying any interest that the provider or an employee of the provider has with a business or entity that accounts for 5% or more of the program’s expenditures;

(10) require the residential child care program to have certified residential child and youth care practitioners, as required under § 20–301 of the Health Occupations Article; and

(11) require the residential child care program to have a certified program administrator as required under § 20–301 of the Health Occupations Article.
Md. Code, Business Regulation § 8-501 — MD Code / Article gbr / Title 8 / Subtitle 5 / Section 8-501
§8–501.
Status: in_force

(a) A home improvement contract that does not comply with this section is not invalid merely because of noncompliance.

(b) Each home improvement contract shall:

(1) be in writing and legible;

(2) describe clearly each document that it incorporates; and

(3) be signed by each party to the home improvement contract.

(c) (1) In addition to any other matters on which the parties lawfully agree, each home improvement contract shall contain:

(i) the name, address, telephone number, and license number of the contractor;

(ii) the name and license number of each salesperson who solicited the home improvement contract or sold the home improvement;

(iii) the approximate dates when the performance of the home improvement will begin and when it will be substantially completed;

(iv) a description of the home improvement to be performed and the materials to be used;

(v) the agreed consideration;

(vi) the number of monthly payments and the amount of each payment, including any finance charge;

(vii) a description of any collateral security for the obligation of the owner under the home improvement contract;

(viii) a notice that gives the telephone number and Web site of the Commission and states that:

1. each contractor must be licensed by the Commission; and

2. anyone may ask the Commission about a contractor; and

(ix) a notice set by the Commission by regulation that:

1. specifies the protections available to consumers through the Commission; and

2. advises the consumer of the right to purchase a performance bond for additional protection against loss.

(2) If payment for work performed under the home improvement contract will be secured by an interest in residential real estate, a written notice in not smaller than 10 point bold type that is on the first page of the contract shall state in substantially the following form: “This contract creates a mortgage or lien against your property to secure payment and may cause a loss of your property if you fail to pay the amount agreed upon. You have the right to consult an attorney. You have the right to rescind this contract within 3 business days after the date you sign it by notifying the contractor in writing that you are rescinding the contract.”

(3) The notice under paragraph (2) of this subsection shall be independently initialed by the homeowner.

(d) Before the performance of a home improvement begins, the owner shall be given a copy of the home improvement contract signed by the contractor.

(e) A salesperson or other agent or employee of a contractor may not make a change in a home improvement contract for an owner.

(f) (1) Except as provided in paragraph (2) of this subsection, a home improvement contract for the installation of a solar energy generating system on the roof of a building shall include the installation of a barrier that meets industry standards to prevent wildlife intrusion and damage to the solar energy generating system or the underlying roof.

(2) A home improvement contract for the installation of a solar energy generating system on the roof of a building is not required to include the installation of a barrier as specified under paragraph (1) of this subsection if the customer has waived the installation of the barrier after being informed of the cost of the barrier and the risks of not installing a wildlife barrier.
Md. Code, Transportation § 8-648 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-648
§8–648.
Status: in_force

Any new or replacement storm drain cover, installed on a street or highway in the State, after January 1, 1980, shall consist of:

(1) Bars running perpendicular to the flow of traffic on the highway;

(2) A grating composed of intersecting bars; or

(3) Other designs approved by the Department of Transportation which meet safety design criteria as well as engineering and structural design demands.
Md. Code, Real Property § 8-307 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-307
§8–307.
Status: in_force

(a) The following are exempt from distress:

(1) Hand-powered and operated tools used by a tenant in the tenant’s occupation or livelihood;

(2) Law books of an attorney;

(3) Hand-operated instruments of a physician;

(4) Medical books of a physician;

(5) Files and professional records of an attorney or physician; and

(6) The prior perfected security interest in all goods in which the tenant has an interest.

(b) The landlord in the landlord’s petition shall certify as to the existence of a perfected security interest in any goods of the tenant. If the security interest was perfected prior to the levy under the distraint, the landlord either shall release the property from the distraint proceedings or pay to the holder of the security interest the balance due under the security interest. If the landlord pays the balance, it becomes a part of the costs in the distraint proceedings. However, the holder of the security interest, on demand by the landlord, shall give a true written statement of the balance due under the security interest, and, if the landlord pays the balance, the holder shall assign or release the security interest to the landlord.
Md. Code, Natural Resources § 8-1810 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1810
§8–1810.
Status: in_force

(a) If a local jurisdiction fails to notify the Commission that the local jurisdiction will develop a program, fails to submit a proposed program or changed proposal on time, or fails to obtain Commission approval of a proposed program or changed proposal that is submitted, the Commission shall prepare and adopt a program that satisfies the criteria adopted under § 8–1808 of this subtitle for the part of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in that local jurisdiction.

(b) Where a local jurisdiction failed to adopt or obtain Commission approval of a program, the Commission shall adopt a program for that jurisdiction by adopting regulations in accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive, and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act) of the State Government Article. Before the full Commission adopts a program under this subsection, the Commission shall appoint a panel of 3 of the Commission’s members to conduct in the affected jurisdiction at least 2 public hearings at least 10 days apart on the proposed program, for which 2 weeks’ notice shall be published in a newspaper of general circulation in the local jurisdiction. A program adopted by the Commission under this subsection shall supersede any inconsistent local laws, ordinances, or plans.

(c) If the Commission adopts a program for a local jurisdiction, the program shall be implemented and enforced by local authorities in the same manner as if the program had been adopted by the local jurisdiction itself.

(d) If, at any time after the Commission has adopted a program for a local jurisdiction, the local jurisdiction submits an alternative program of its own that satisfies the criteria adopted under § 8–1808 of this subtitle and is approved by the Commission, the alternative program supersedes the program adopted by the Commission.

(e) (1) If a local jurisdiction fails to update an adopted program after the deadline under § 8–1809(g)(1) of this subtitle or after the expiration of an extension granted under § 8–1809(h) of this subtitle, the Commission shall make a good faith effort to notify the local jurisdiction that its program needs to be updated by at least 4 documented notification attempts over a 3–year period.

(2) (i) Subject to subparagraph (ii) of this paragraph, the local jurisdiction shall adopt an update to the program within 2 years of the last notice from the Commission.

(ii) The Commission may update the program if the local jurisdiction fails to update its program within the 2–year period.
Md. Code, Natural Resources § 8-721 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-721
§8–721.
Status: in_force

(a) In this section, “abandoned or sunken vessel” means any vessel that:

(1) Is left illegally or has remained without permission for more than 30 days on public property, including public marinas, docks, or boatyards;

(2) Has remained at the following locations for more than 60 days without the consent of the owner or person in control of the property:

(i) A private marina or property operated by a private marina; or

(ii) A private boatyard or property operated by a private boatyard;

(3) Has remained at the following locations for more than 30 days without the consent of the owner or person in control of the property:

(i) A private dock; or

(ii) At or near waters’ edge on private property;

(4) Has remained on private property other than the private property described in items (2) and (3) of this subsection for more than 180 days without the consent of the owner or person in control of the property; or

(5) (i) Has been found adrift or unattended in or upon the waters of the State and:

1. Is found in a condition of disrepair;

2. Presents a hazard or obstruction to the use of the waters of the State; or

3. Presents a potential health or environmental hazard; and

(ii) Is not:

1. Historic property as defined in § 5A–301 of the State Finance and Procurement Article; or

2. Submerged archaeological historic property as defined in § 5A–333 of the State Finance and Procurement Article.

(b) (1) The Department may seize, remove, and take into custody any abandoned or sunken vessel.

(2) For this purpose, the Department may use its own personnel, equipment, and facilities or use other persons, equipment, and facilities for removing, preserving, or storing abandoned or sunken vessels.

(3) The Department, or a person removing, preserving, or storing an abandoned or sunken vessel on behalf of the Department, may not be held liable for any damage to an abandoned or sunken vessel which may occur during removal, storage, or custody of the vessel.

(c) (1) Except as provided in subsection (g)(2) of this section, not later than 15 days before an abandoned or sunken vessel is seized, removed, or taken into custody under subsection (b) of this section, the Department shall:

(i) Send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the registered owner of the vessel, as shown on the records of the Department; and

(ii) Attempt, by telephone or e–mail, to contact:

1. The registered owner of the vessel at the telephone number or e–mail address shown on the records of the Department; and

2. If the application for a certificate of number under § 8–712(b) of this subtitle includes an alternate emergency contact, the alternate emergency contact.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, as soon as reasonably possible but not later than 15 days after the Department takes an abandoned or sunken vessel into custody, the Department shall:

1. Send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the registered owner of the vessel and to each known secured party, as shown on the records of the Department; and

2. Attempt, by telephone or e–mail, to contact:

A. The registered owner of the vessel at the telephone number or e–mail address shown on the records of the Department; and

B. If the application for a certificate of number under § 8–712(b) of this subtitle includes an alternate emergency contact, the alternate emergency contact.

(ii) As soon as reasonably possible but not later than 15 days after the Department takes an abandoned or sunken vessel into custody in accordance with subsection (g)(2) of this section, the Department shall:

1. Send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the last known registered owner of the vessel and to each known secured party, as shown on the records of the Department; and

2. Attempt, by telephone or e–mail, to contact:

A. The registered owner of the vessel at the telephone number or e–mail address shown on the records of the Department; and

B. If the application for a certificate of number under § 8–712(b) of this subtitle includes an alternate emergency contact, the alternate emergency contact.

(d) The notices required by subsection (c) of this section shall:

(1) Describe the vessel;

(2) If the vessel was taken into custody in accordance with subsection (g)(2) of this section, describe the actual or potential hazard mitigated by removal of the vessel;

(3) Give the location where the vessel is being held;

(4) Inform the owner and secured party of a right to reclaim the vessel within 3 weeks of receipt of the notice required in subsection (c)(2) of this section upon payment to the Department of any expenses incurred during removal and custody of the vessel; and

(5) State that failure to claim the vessel will constitute:

(i) A waiver of all right, title, and interest in the vessel; and

(ii) A consent to the Department’s disposition of the vessel.

(e) (1) If the Department is unable to determine the last registered owner or the identity of any secured party of the abandoned or sunken vessel, or if the certified mail notice required under subsection (c) of this section is returned as undeliverable and telephone calls and e–mails are unanswered, unreturned, or undeliverable, the Department shall give the required notice:

(i) By publication in at least 1 newspaper of general circulation in the area where the abandoned or sunken vessel was found;

(ii) Through digital media, including posting on the Department’s website and social media platforms; or

(iii) By attaching to the vessel in a clearly visible place a distinctively colored notification sticker or tag that contains the following information:

1. The date and time the notification was affixed to the vessel;

2. A statement that, in accordance with this section, if the vessel is not removed within 60 days after the date the notification sticker or tag was affixed, the vessel may be seized, removed, taken into custody and sold at public auction, acquired by title under § 8–722 of this subtitle, or otherwise disposed of; and

3. The location and telephone number where additional information may be obtained.

(2) The notice by publication shall contain the information required under subsection (d) of this section and shall be published within 30 days of the seizure of the abandoned or sunken vessel, or within 15 days of:

(i) The return of the certified mail notice as undeliverable; and

(ii) The attempt, by telephone or e–mail, to contact the registered owner.

(f) If the owner or secured party fails to claim the abandoned or sunken vessel within 3 weeks after the notice required under subsection (c) of this section or after the notice by publication is given or within 60 days after the notice authorized under subsection (e)(1)(iii) of this section, the Department may sell the vessel at public auction, proceed to receive title to the vessel pursuant to § 8–722 of this subtitle, or otherwise dispose of the vessel.

(g) (1) If the abandoned or sunken vessel is in such a condition of disrepair that the Department cannot remove the vessel intact, the Department may dispose of the vessel in whatever manner is reasonable without providing the notice required under subsections (c) through (e) of this section.

(2) (i) If the Department determines that an abandoned or sunken vessel poses an immediate hazard or obstruction to navigation, a potential health hazard, or a potential environmental hazard, the Department shall take the vessel into custody without providing the notice required under subsection (c)(1) of this section.

(ii) The Department shall keep a written record of a determination made under this paragraph, including the actual or potential hazards mitigated by removal of the vessel.

(h) The Department may delegate the Department’s authority to remove and dispose of abandoned or sunken vessels under this section to any local jurisdiction that consents to the delegation.

(i) The Department, in consultation with the Director of the Maryland Historical Trust, may adopt regulations to implement this section.

(j) The Department may not use funds budgeted for the Natural Resources Police for the purpose of removing or storing abandoned or sunken vessels under this section.
Md. Code, Business Regulation § 8-315 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-315
§8–315.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a contractor may not pay or otherwise compensate another person for performing or selling a home improvement unless:

(1) the person to be paid or compensated is licensed;

(2) the person to be paid or compensated is not subject to the licensing requirements of this title; or

(3) the transaction for which the consideration is to be paid is not subject to this title.

(b) After the expiration, suspension, or revocation of a license, a person:

(1) is not relieved of outstanding obligations; and

(2) may complete and be paid under a home improvement contract that is made but not performed on the date of the expiration, suspension, or revocation.
Md. Code, Housing and Community Development § 8-107 — MD Code / Article ghs / Title 8 / Subtitle 1 / Section 8-107
§8–107.
Status: in_force

(a) A community action agency shall plan systematically for an effective community action program, and in doing so shall:

(1) evaluate information on the causes and problems of poverty in the community;

(2) assess the use and impact of current financial assistance; and

(3) establish priorities among projects, activities, and target areas to achieve the best and most efficient use of resources.

(b) A community action agency shall:

(1) encourage subsidiary boards, councils, and agencies engaged in projects related to a community action program to plan for, secure, and administer available financial assistance on a cooperative basis; and

(2) provide technical and organizational assistance to the subsidiary boards, councils, and agencies.

(c) A community action agency shall actively supplement local efforts to combat poverty by:

(1) focusing resources on the most needy;

(2) providing employment opportunities for low–income persons;

(3) closing service gaps; and

(4) enabling low–income persons to participate in community action programs and projects.

(d) A community action agency shall initiate and sponsor community projects to help meet the needs of low–income persons with particular emphasis on:

(1) establishing a pool of resources to serve a variety of community action programs;

(2) developing versatile approaches and services; and

(3) implementing stopgap measures pending the expansion or modification of community action programs.

(e) A community action agency shall:

(1) establish procedures for community residents to:

(i) influence the character of their community action programs; and

(ii) participate regularly in implementing those programs; and

(2) provide the necessary technical and advisory support to enable low–income persons and community groups to secure public and private financial assistance for themselves.

(f) A community action agency shall join with and encourage business, labor, and other private or public officials and organizations to support community action programs that:

(1) use private resources and capabilities for new employment opportunities;

(2) stimulate investments that measurably reduce poverty in areas of concentrated poverty; and

(3) provide residents in those areas with methods to work with private organizations, firms, and institutions to seek solutions to problems of common concern.
Md. Code, Natural Resources § 8-1924 — MD Code / Article gnr / Title 8 / Subtitle 19 / Section 8-1924
§8–1924.
Status: in_force

(a) On or before October 1 of each year, the Trust, in consultation with the Corps Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(b) The report shall include a complete operating and financial statement covering the operations of the Corps Board and a summary of the activities of the Corps Board during the preceding fiscal year.
Md. Code, Labor and Employment § 8-508 — MD Code / Article gle / Title 8 / Subtitle 5 / Section 8-508
§8–508.
Status: in_force

(a) (1) An individual who files a claim for benefits or an employer entitled to notice of a determination or redetermination of the claim may file an appeal with the Lower Appeals Division within 15 days after notice of the determination or redetermination of a claim is mailed to the claimant or employer at the last known address of the claimant or employer or otherwise is delivered.

(2) The Secretary, at the Secretary’s discretion, may be a party to an appeal filed by a claimant or employing unit with the Lower Appeals Division under paragraph (1) of this subsection.

(b) (1) An employer may file an appeal of a review determination decision with the Lower Appeals Division within 30 days after the notice of the review determination decision is sent to the employer at the last known address of the employer.

(2) The Secretary shall be a party to an appeal filed under paragraph (1) of this subsection.

(c) Unless an appeal filed under subsection (a) or (b) of this section is withdrawn or removed to the Board of Appeals, a hearing examiner shall:

(1) give the parties a reasonable opportunity for a fair hearing in accordance with the notice provisions in §§ 10–207 and 10–208 of the State Government Article, except that the notice is not subject to § 10–208(b)(4) and (7) of the State Government Article;

(2) make findings of fact and conclusions of law, based on a preponderance of evidence, in accordance with § 10–217 of the State Government Article; and

(3) on the basis of the findings of fact and conclusions of law, affirm, modify, or reverse a determination or redetermination of a claim or a review determination decision.

(d) The hearing examiner promptly shall give each party:

(1) notice of the decision of the hearing examiner in accordance with § 10–221 of the State Government Article; and

(2) a copy of the decision and the findings of fact and conclusions of law that support the decision.

(e) The decision of the hearing examiner is final after 10 days after notice of the decision has been mailed or otherwise delivered to the individual or employer that filed the appeal with the Lower Appeals Division, unless further review is initiated under § 8–5A–10 of this title.
Md. Code, Transportation § 8-802 — MD Code / Article gtr / Title 8 / Subtitle 8 / Section 8-802
§8–802.
Status: in_force

The General Assembly of Maryland finds and declares that, to promote the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investments in highways, and to preserve and enhance the scenic beauty of lands bordering public highways:

(1) It is in the public interest to regulate and restrict the establishment, operation, and maintenance of automotive dismantler or recycler facilities, scrap metal processing facilities, and junkyards near the interstate and primary highways in this State; and

(2) Junkyards, automotive dismantler or recycler facilities, and scrap metal processing facilities are to conform to the requirements of this subtitle.
Md. Code, Real Property § 8-1002 — MD Code / Article grp / Title 8 / Subtitle 10 / Section 8-1002
§8–1002.
Status: in_force

This subtitle applies only in Montgomery County and Prince George’s County.
Md. Code, Transportation § 8-711 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-711
§8–711.
Status: in_force

The Administration shall issue a license under this part to any applicant who has complied with the requirements of this part.
Md. Code, Transportation § 8-218 — MD Code / Article gtr / Title 8 / Subtitle 2 / Section 8-218
§8–218.
Status: in_force

(a) The Commission has the powers and duties:

(1) That are vested in it by Article III, § 40B of the Maryland Constitution, subject to and in accordance with the provisions of Subtitle 3, Parts III and IV of this title; and

(2) That otherwise are vested in it by law or delegated to it by the Administrator or the Secretary.

(b) Only the Commission may exercise the condemnation powers and duties vested in it by Article III, § 40B of the Maryland Constitution.
Md. Code, Labor and Employment § 8-101 — MD Code / Article gle / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

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

(b) “Base period” means:

(1) the first 4 of the last 5 completed calendar quarters immediately preceding the start of the benefit year; or

(2) the 4 most recently completed calendar quarters immediately preceding the start of the benefit year only if the individual applying for benefits does not qualify for any benefits under § 8–802 of this title using the definition in item (1) of this subsection.

(c) “Base period employer” means an employing unit who paid wages to an individual during the base period of the individual for covered employment.

(d) “Benefit year” means a 1–year period that begins:

(1) on the 1st day of the 1st week for which an individual first files a claim for benefits; or

(2) if an individual already has had a benefit year, on the 1st day of the 1st week for which the individual files a claim for benefits after the termination of the preceding benefit year.

(e) “Benefits” means the money that is payable under this title to an individual who is unemployed.

(f) “Board of Appeals” means the Board of Appeals of the Maryland Department of Labor established under § 8–5A–01 of this title.

(g) “Calendar quarter” means the period of 3 consecutive calendar months ending on March 31, June 30, September 30, or December 31, except as otherwise provided by the Secretary by regulation.

(h) “Child support” means an obligation that is enforced under a plan that:

(1) is described in § 454 of the Social Security Act; and

(2) has been approved by the United States Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.

(i) “Child support enforcement unit” means a unit of a state or political subdivision of a state that operates under a plan that:

(1) is described in § 454 of the Social Security Act; and

(2) has been approved by the United States Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.

(j) “Claimant” means an individual who submits a claim for benefits.

(j–1) “Claims examiner” means an individual appointed by the Secretary who makes determinations or redeterminations of claims under Subtitle 8 of this title.

(k) “Contributions” means money required to be paid to the Unemployment Insurance Fund under § 8–607 of this title.

(l) “Covered employment” means work that an individual performs for an employing unit that is the basis for benefits.

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

(m–1) “Determination” means a decision made by or on behalf of the Secretary under this title.

(n) (1) “Educational institution” means an institution that offers participants, students, or trainees an organized course of study or training that is academic, technical, trade–oriented, or preparatory for gainful employment in a recognized occupation.

(2) “Educational institution” includes an institution of higher education.

(o) “Employer” means a person or governmental entity who employs at least 1 individual within the State.

(p) “Employing unit” means:

(1) an employer that has at least 1 employee engaged in covered employment for at least part of a day;

(2) an employer that has elected to become subject to this title under § 8–203 of this title; or

(3) an employer that is not otherwise subject to this title but that:

(i) within the current or preceding calendar year, is liable for any federal tax against which credit may be taken for contributions required to be paid into a State unemployment fund; or

(ii) as a condition for approval for full credit of contributions against the tax imposed by the Federal Unemployment Tax Act, is required by that Act to be an employing unit.

(q) “Governmental entity” means:

(1) a governmental unit as defined in § 1–101 of this article; or

(2) an instrumentality of:

(i) 1 or more states;

(ii) 1 or more political subdivisions of a state; or

(iii) 1 or more states and political subdivisions of states.

(q–1) “Hearing examiner” means an individual appointed under § 8–502 of this title who is authorized to conduct hearings and issue decisions in cases appealed to the Lower Appeals Division.

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

(s) (1) “Institution of higher education” means an educational institution that:

(i) is a public or other nonprofit institution;

(ii) is authorized to provide in the State a program of education beyond high school; and

(iii) admits as regular students only individuals with a certificate of graduation from high school or a recognized equivalent certificate for:

1. training preparatory for employment in a recognized occupation;

2. work for credit toward a bachelor’s degree; or

3. postgraduate or postdoctoral study.

(2) “Institution of higher education” includes each college and university in the State.

(t) “Knowingly” means, except as otherwise provided in this title, having actual knowledge, deliberate ignorance, or reckless disregard for the truth.

(t–1) “Last known address” includes a physical address or an electronic address.

(u) “Lower Appeals Division” means the Lower Appeals Division of the Maryland Department of Labor.

(u–1) “Mailed or otherwise delivered” means to cause to be delivered by electronic transmission or physical mailing.

(v) “Nonprofit organization” means an organization that is:

(1) described in § 501(c)(3) of the Internal Revenue Code; and

(2) exempt from income tax under § 501(a) of the Internal Revenue Code.

(w) “Part–time worker” means an individual:

(1) whose availability for work is restricted to part–time work; and

(2) who worked at least 20 hours per week in part–time work for a majority of the weeks of work in the base period.

(w–1) “Review determination” means the process by which the Department conducts an internal review of a determination made under Subtitle 6 of this title, independent of a determination or redetermination of a claim.

(w–2) “Review determination decision” means the Secretary’s final determination under Subtitle 6 of this title for which a right to a review determination is available that:

(1) is issued in accordance with § 8–604 of this title; and

(2) may be appealed in accordance with § 8–605 of this title.

(x) “Secretary” means the Secretary of Labor.

(x–1) “Send” means to cause to be delivered by electronic transmission or physical mailing.

(y) (1) “State” has the meaning stated in § 1–101 of this article.

(2) “State” does not include a territory of the United States unless the territory enacted an unemployment insurance law that complies with the standards adopted by the Secretary of Labor of the United States under the Federal Unemployment Tax Act or Title III of the Social Security Act.

(z) “Tip” means compensation that:

(1) an individual receives from a customer of the individual’s employer while performing covered employment; and

(2) is included in a written statement provided to the employer under § 6053(a) of the Internal Revenue Code.

(aa) (1) “Wages” means all compensation for personal services except as provided in paragraph (3) of this subsection.

(2) “Wages” includes:

(i) a bonus;

(ii) a commission;

(iii) a tip; and

(iv) the cash value of all compensation in any medium other than cash.

(3) “Wages” does not include:

(i) the amount of any payment made to or on behalf of an employee or any dependent of an employee under a plan or system established by an employing unit that provides for employees generally or for their dependents or for a class of employees and their dependents on account of:

1. retirement;

2. sickness or accident disability payments under a workers’ compensation law;

3. medical or hospitalization expenses in connection with sickness or accident disability;

4. a cafeteria plan as defined in 26 U.S.C. § 125, if the payments would not be treated as wages outside a cafeteria plan;

5. dependent care assistance to the extent that the assistance payments would be excludable from gross income under the provisions of 26 U.S.C. § 127 or § 129; or

6. death;

(ii) any amount that an employing unit pays for insurance or an annuity or into a fund to provide for a payment described in item (i) of this paragraph;

(iii) any payment on account of sickness or accident disability or medical or hospitalization expenses in connection with sickness or accident disability made by the employing unit to or on behalf of an employee at least 6 calendar months after the last calendar month in which the employee worked for the employing unit;

(iv) any payment made to or on behalf of an employee or beneficiary of the employee:

1. from or to a trust exempt from tax under § 401(a) of the Internal Revenue Code at the time of the payment, unless the payment is made to an employee of the trust as compensation for services rendered as an employee and not as beneficiary of the trust; or

2. under or to an annuity plan that, at the time of payment, meets the requirements of § 401(a)(3) through (6) of the Internal Revenue Code;

(v) with respect to compensation paid to an employee for domestic service in a private home of the employing unit or for agricultural labor, the payment by an employing unit without deduction of the tax imposed on an employee under § 3101 of the Internal Revenue Code;

(vi) any payment required from an employee under a state unemployment insurance law;

(vii) compensation paid in any medium other than cash to an employee for service not in the course of the trade or business of the employing unit;

(viii) any payment other than vacation or sick pay made to an employee after the month in which the employee becomes 65 years old if the employee did not work for the employing unit in the period for which the payment is made;

(ix) any payment, including an amount paid into a fund to provide for any payment by an employing unit to or on behalf of an employee under a plan or system that an employing unit establishes that provides for employees of the employing unit generally or a class or group of employees to supplement unemployment benefits;

(x) any payment to an individual as compensation for serving or being called to serve on a jury; or

(xi) any payment to an individual as allowance or reimbursement for travel or other expenses incurred on the business of the employer up to the amount of expenses actually incurred and accounted for by the individual to the employer.

(bb) “Week” means a period of 7 consecutive days, as the Secretary sets by regulation.
Md. Code, Transportation § 8-408 — MD Code / Article gtr / Title 8 / Subtitle 4 / Section 8-408
§8–408.
Status: in_force

(a) Highway user revenues distributed to Baltimore City and Kent County may be used only to pay or finance:

(1) Costs incurred in the construction, reconstruction, or maintenance of its highways and streets;

(2) (i) As to Baltimore City, costs incurred for carrying out traffic functions and enforcing the traffic laws; and

(ii) As to Kent County, costs incurred by its police department for carrying out traffic functions and enforcing the traffic laws;

(3) Costs incurred in its other highway related activities for:

(i) Lighting the highways;

(ii) Stormwater drainage of the highways; and

(iii) Street cleaning, but not including the cost of collection of garbage, trash, and refuse;

(4) The payment of its debt service on bonds or other evidences of obligation for:

(i) The construction, reconstruction, or maintenance of its highways and streets; and

(ii) Any other of its highway activities, including lighting the highways and providing stormwater drainage;

(5) The cost of transportation facilities, as defined in § 3–101 of this article; or

(6) As to Kent County:

(i) The cost of maintaining county owned boat landings; and

(ii) Costs incurred in providing traffic crossing guards.

(b) The net share of highway user revenues distributed for a county other than Kent County may be used only:

(1) First, to pay debt service on outstanding bonds or other evidences of obligation issued before June 1, 1947, by or for the county or any municipality in the county to finance construction, reconstruction, or maintenance of roads or streets, to the extent that gasoline tax revenues have been lawfully dedicated, pledged, or otherwise committed to that debt service, so that the dedication, pledge, or commitment remains unimpaired and continues as a charge against the county’s share of the gasoline tax to the same extent that it was a charge against any gasoline tax revenues under prior laws; and

(2) Then, as to the remainder of the county’s share, to pay or finance:

(i) The cost of transportation facilities, as defined in § 3–101 of this article;

(ii) For Talbot County, maintenance of private roads as authorized in § 12–539 of the Local Government Article;

(iii) The construction, reconstruction, or maintenance of county roads; and

(iv) Debt service on bonds or other evidences of obligation that, for the construction, reconstruction, or maintenance of county roads, are lawfully issued on or after June 1, 1947, by or for the county or by or for a municipality in the county that is not receiving its own share under § 8–407 of this subtitle.

(c) The net share of highway user revenues distributed for a municipality may be used only to pay or finance:

(1) The cost of transportation facilities, as defined in § 3–101 of this article;

(2) The construction, reconstruction, or maintenance of roads or streets; and

(3) Debt service on bonds or other evidences of obligation lawfully issued by or for the municipality for the construction, reconstruction, or maintenance of roads or streets.
Md. Code, Health Occupations § 8-6C-12 — MD Code / Article gho / Title 8 / Subtitle 6C / Section 8-6C-12
§8–6C–12.
Status: in_force

(a) The Committee shall:

(1) Review applications for licensure as a licensed direct–entry midwife and make recommendations to the Board regarding applicants;

(2) Maintain a list of all licensed direct–entry midwives;

(3) Make recommendations to the Board regarding continuing education requirements for licensed direct–entry midwives;

(4) Review advertising by licensed direct–entry midwives and by institutions that offer a direct–entry midwife program and make recommendations to the Board, as necessary;

(5) Advise the Board on matters relating to the practice of direct–entry midwifery;

(6) Collect the reports required to be submitted by each licensed direct–entry midwife under § 8–6C–10(a) of this subtitle;

(7) Make recommendations to the Board regarding regulations relating to the practice of direct–entry midwifery that are necessary to carry out the provisions of this subtitle;

(8) At the request of the Board, investigate complaints against licensed direct–entry midwives;

(9) Keep a record of the Committee’s proceedings; and

(10) Subject to subsection (b) of this section, beginning November 1, 2016, and on each November 1 thereafter, submit a report to the Board, including:

(i) A summary of the information included in reports submitted to the Committee by licensed direct–entry midwives under § 8–6C–10(a) of this subtitle; and

(ii) Any other information identified by the Board.

(b) The Committee may not include any personally identifying information in the report submitted to the Board under subsection (a)(10) of this section.

(c) Beginning December 1, 2016, and on each December 1 thereafter, the Board shall submit to the Senate Education, Health, and Environmental Affairs Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article:

(1) The report submitted to the Board under subsection (a)(10) of this section;

(2) In consultation with the Committee, any recommendations regarding the continuation and improvement of the licensure of licensed direct–entry midwives in the State;

(3) Any recommendations regarding expanding the scope of practice of licensed direct–entry midwives; and

(4) Any recommendations, including recommendations for legislation, regarding the scope of practice of licensed direct–entry midwives to include vaginal birth after cesarean.
Md. Code, Real Property § 8-209 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-209
§8–209.
Status: in_force

(a) (1) This section applies only to a residential lease.

(2) This section does not apply to a landlord who has provided written notice of the intent to terminate a tenancy in accordance with § 8–402(c)(2) of this article.

(b) (1) A landlord shall notify a tenant in writing before increasing the tenant’s rent.

(2) (i) The notice required under paragraph (1) of this subsection shall:

1. Be sent by first–class mail with a certificate of mailing; or

2. If elected by the tenant, sent by electronic delivery in at least one of the following forms:

A. An e–mail message;

B. A text message; or

C. Through an electronic tenant portal.

(ii) The electronic delivery method shall provide the landlord with proof of transmission of the notice.

(iii) A landlord may not condition the acceptance of a lease application on the tenant’s election to receive notice under this subsection by electronic delivery.

(3) A landlord shall provide the notice required under paragraph (1) of this subsection:

(i) For tenancies for a term of more than 1 month, at least 90 days in advance of the rent increase;

(ii) For tenancies for a term of more than 1 week, but not more than 1 month, at least 60 days in advance of the rent increase; and

(iii) For tenancies for a term of 1 week or less:

1. At least 7 days in advance of the rent increase if the parties have a written lease; or

2. At least 21 days in advance of the rent increase if the parties do not have a written lease.

(c) This section does not affect or supersede any local law or ordinance that requires additional notice or provides additional tenant protections.
Md. Code, Correctional Services § 8-801 — MD Code / Article gcs / Title 8 / Subtitle 8 / Section 8-801
§8–801.
Status: in_force

(a) An incarcerated individual may not falsely imprison an individual who:

(1) is employed by a correctional facility;

(2) performs volunteer work for a correctional facility;

(3) performs duties in a correctional facility by virtue of federal, State, or local government employment; or

(4) performs duties in a correctional facility by virtue of a contract with a local government or the federal or State government.

(b) (1) An incarcerated individual who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

(2) A sentence imposed under this section may not be suspended.
Md. Code, Business Regulation § 8-302.2 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-302.2
§8–302.
Status: in_force

§8–302.2.

An applicant for a contractor license shall have:

(1) at least 2 years of trade experience that is satisfactory to the Commission, under regulations adopted by the Commission; or

(2) comparable educational training to be determined by regulations adopted by the Commission.
Md. Code, Tax - Property § 8-239 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-239
§8–239.
Status: in_force

A silo may not be assessed to the owner of the real property on which it is located if the silo is used for the processing or storage of animal feed as an incidental operation of the farm on which the silo is located.
Md. Code, Public Utilities § 8-408 — MD Code / Article gpu / Title 8 / Subtitle 4 / Section 8-408
§8–408.
Status: in_force

(a) To implement this subtitle the Commission may adopt regulations necessary to carry out the provisions of this subtitle that are consistent with federal law.

(b) The regulations may include:

(1) procedures for a customer to confirm a change in the customer’s telephone company or reseller made by another telephone company or reseller on behalf of the customer;

(2) procedures for a customer to confirm a change in telecommunications service options;

(3) procedures for a customer to confirm a change in the person who bills the customer or the customer’s billing arrangement;

(4) provisions for the disclosure to the customer of the terms of the services offered by a telephone company or reseller;

(5) methods of enforcement; and

(6) other provisions, not inconsistent with federal law, that the Commission considers necessary to implement this subtitle.
Md. Code, Labor and Employment § 8-202 — MD Code / Article gle / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

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

(2) “American aircraft” means an aircraft registered under the laws of the United States.

(3) “American employer” means:

(i) a corporation organized under the laws of a state;

(ii) a partnership, if at least two-thirds of the partners are residents of the United States;

(iii) a resident of the United States; or

(iv) a trust, if all of the trustees are residents of the United States.

(4) “Vessel” means:

(i) a vessel that is documented or numbered under the laws of the United States; or

(ii) a vessel that is not documented or numbered under the laws of the United States and is not documented under the laws of any foreign country whose crew performs service solely for:

1. a citizen or resident of the United States; or

2. a corporation organized under the laws of a state.

(b) Employment that otherwise meets the requirements of § 8-201 of this subtitle is covered employment if the employment is:

(1) performed in the State, including:

(i) employment performed on land that the United States government holds or owns; and

(ii) employment performed in interstate commerce; or

(2) deemed to be performed in the State under an election made by an employer and approved by the Secretary under a reciprocal arrangement between the Secretary and a unit of another state or the federal government in accordance with Subtitle 7 of this title.

(c) Employment that otherwise meets the requirements of § 8-201 of this subtitle and is performed partly in this State is covered employment in its entirety if:

(1) the employment that is performed outside this State is incidental to the employment that is performed in this State, including employment that is temporary or transitory or that consists of isolated transactions;

(2) the employment that is performed in this State is not incidental to employment that is performed in any particular state but:

(i) the base of operations is in this State; or

(ii) the place from which the employment is controlled or directed is in this State; or

(3) the employment:

(i) is performed by an individual who is a resident of this State; and

(ii) is not performed in part in a state in which the employment is controlled or directed or in which the base of operations is located.

(d) Employment that otherwise meets the requirements of § 8-201 of this subtitle is covered employment if:

(1) the employment is:

(i) controlled or directed from this State;

(ii) performed in any state, the Virgin Islands, or Canada; and

(iii) not insured under the unemployment insurance law of any other state, the Virgin Islands, or Canada;

(2) notwithstanding § 8-210(a) of this subtitle and except as provided in § 8-210(b) of this subtitle, the employment is performed by an officer or crew member of a vessel or American aircraft on or in connection with it if:

(i) the office from which the operations of the vessel on navigable waters or the American aircraft are conducted is within this State; or

(ii) the operation of the vessel or American aircraft within this State or both in and outside the United States ordinarily and regularly is controlled and directed from in this State; or

(3) the employment is performed by a citizen of the United States for an American employer outside of the United States, the Virgin Islands, and Canada and is not otherwise covered under this section if the American employer:

(i) has its principal place of business in the United States located in this State;

(ii) does not have a place of business in the United States, but the American employer is:

1. a resident of this State;

2. a corporation that is organized under the laws of this State; or

3. a partnership or a trust and a plurality of the partners or trustees are residents of this State;

(iii) has elected coverage under this title; or

(iv) has failed to elect coverage in any state and, not being covered under the unemployment insurance law in any other state, the employee has filed a claim for benefits under the law of this State based on the employment.
Md. Code, Tax - Property § 8-419 — MD Code / Article gtp / Title 8 / Subtitle 4 / Section 8-419
§8–419.
Status: in_force

(a) (1) In this subsection, “appropriate official” means:

(i) except as otherwise provided in this paragraph, the Department or supervisor and the county or municipal corporation treasurer;

(ii) in Baltimore City, the Department or supervisor and the city solicitor;

(iii) in Montgomery County, the Department or supervisor and the director of finance; and

(iv) for municipal corporations in Caroline County, the Department or supervisor and the appropriate town board.

(2) Notwithstanding failure to file a protest of an assessment and after the date of finality for an assessment, the appropriate official may issue an order decreasing or abating an assessment:

(i) to correct an erroneous assessment;

(ii) to correct an improper assessment; and

(iii) to prevent injustice.

(b) The order shall state clearly the reasons for decreasing or abating the assessment.

(c) (1) The Department may audit any personal property assessment after the assessment is made.

(2) If, as a result of the audit, the Department determines that the assessment is:

(i) greater than the assessment previously made, the Department shall make an assessment of the difference; or

(ii) less than the assessment previously made, the Department shall abate the difference.

(3) If action is taken under paragraph (2) of this subsection, the Department shall send a notice of assessment to the owner by:

(i) mail; or

(ii) e–mail, if within the past 3 years the recipient has provided to the Department an e–mail address and requested to receive the notices by e–mail.

(4) The notice may be appealed as provided by Title 14, Subtitle 5 of this article.
Md. Code, Real Property § 8-708 — MD Code / Article grp / Title 8 / Subtitle 7 / Section 8-708
§8–708.
Status: in_force

The Department shall work with the State Archives to coordinate the recordation, indexing, and linking of ground leases registered under this subtitle.
Md. Code, Labor and Employment § 8-906 — MD Code / Article gle / Title 8 / Subtitle 9 / Section 8-906
§8–906.
Status: in_force

(a) An individual who otherwise is unemployed may not be considered to be employed because the individual is engaged in inactive duty for training as a member of the National Guard or other reserve component of the uniformed services.

(b) An individual who otherwise is available for work as required in § 8–903(a)(1)(ii) of this subtitle may not be considered to be unavailable for work because the individual is engaged in inactive duty for training as a member of the National Guard or other reserve component of the uniformed services.

(c) Compensation that an individual receives for participation in inactive duty for training as a member of the National Guard or other reserve component of the uniformed services may not be deducted from the weekly benefit amount to which the individual is entitled.
Md. Code, Human Services § 8-301 — MD Code / Article ghu / Title 8 / Subtitle 3 / Section 8-301
§8–301.
Status: in_force

(a) Each county shall establish and maintain a local management board to ensure the implementation of a local interagency service delivery system for children, youth, and families.

(b) A county may designate as the local management board:

(1) a quasi-public nonprofit corporation that is not an instrumentality of the county government; or

(2) a public agency that is an instrumentality of the county government.
Md. Code, Insurance § 8-412 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-412
§8–412.
Status: in_force

(a) The incorporators shall file with the Commissioner:

(1) the articles of incorporation of the society;

(2) certified copies of the society’s laws and rules;

(3) copies of all proposed:

(i) forms of certificates;

(ii) applications for certificates; and

(iii) circulars to be issued by the society; and

(4) a bond conditioned on the return to applicants of advance premiums if the organization of the society is not completed within 1 year.

(b) The Commissioner may require any additional information that the Commissioner considers necessary.

(c) The bond required under subsection (a) of this section must:

(1) be issued by a surety insurer approved by the Commissioner; and

(2) be in the amount required by the Commissioner, but not less than $300,000 nor more than $1,500,000.

(d) Each document filed shall be in the English language.
Md. Code, State Personnel and Pensions § 8-105 — MD Code / Article gsp / Title 8 / Subtitle 1 / Section 8-105
§8–105.
Status: in_force

(a) This section applies only to the Standard Pay Plan.

(b) With the approval of the Governor, the Secretary may amend the Standard Pay Plan to increase pay rates for specific classes to:

(1) recruit or retain competent personnel; or

(2) ensure that pay rates adequately compensate for the effort, knowledge, responsibility, skills, and working conditions of employees in the class.

(c) If an amendment affects a position in the Executive Branch that is listed in the budget bill in accordance with § 7-109 of the State Finance and Procurement Article, the amendment is contingent on the approval of the Board of Public Works.

(d) An amendment to the Standard Pay Plan may not take effect unless sufficient money is available in the budget to cover the resulting pay rates.

(e) (1) Subject to § 2-1257 of the State Government Article, the Secretary shall report all amendments to the Standard Pay Plan to the General Assembly on or before the 15th day of the next regular legislative session.

(2) If the General Assembly rejects an amendment, the appropriate reduction in pay rates takes effect as of the next fiscal year.
Md. Code, Education § 8-505 — MD Code / Article ged / Title 8 / Subtitle 5 / Section 8-505
§8–505.
Status: in_force

(a) Each county board shall establish a dispute resolution process to address disputes regarding the requirements imposed and the rights conferred by this subtitle.

(b) During the dispute resolution process the child in State-supervised care shall remain enrolled in the receiving school.

(c) A child in State-supervised care who is the subject of a dispute shall be provided appropriate educational services including the implementation of an existing individualized education program.

(d) The Department shall adopt regulations to implement this section on or before January 1, 2006.
Md. Code, Public Utilities § 8-405 — MD Code / Article gpu / Title 8 / Subtitle 4 / Section 8-405
§8–405.
Status: in_force

(a) This section applies to a telephone company or reseller that initiates an unauthorized change in violation of this subtitle in:

(1) a customer’s telephone company;

(2) a customer’s reseller;

(3) a customer’s telecommunications service options; or

(4) the person who bills the customer or the customer’s billing arrangement.

(b) A telephone company or reseller that is subject to this section is liable:

(1) to the customer, the customer’s previously selected telephone company or reseller, or both, as determined by the Commission, for all intrastate long distance charges, interstate long distance charges, local exchange service charges, provider switching fees, the value of any premiums to which the customer would have been entitled, and other relevant charges incurred by the customer in the first 30 days of the unauthorized change; and

(2) to the customer’s local exchange provider for the change fees for the unauthorized change and reinstating the customer to the original telephone company or reseller.
Md. Code, Estates and Trusts § 8-114 — MD Code / Article get / Title 8 / Subtitle 1 / Section 8-114
§8–114.
Status: in_force

(a) An execution or a levy may not issue nor be made against property of the estate under a judgment against a decedent or a personal representative.

(b) The provisions of this section do not apply to the enforcement of mortgages, pledges, liens, or other security interests on property in an appropriate proceeding.
Md. Code, Public Safety § 8-106 — MD Code / Article gps / Title 8 / Subtitle 1 / Section 8-106
§8–106.
Status: in_force

(a) (1) After notice and an opportunity for a hearing, a county may withhold money allocated for the next fiscal year from a fire, rescue, or ambulance company that does not comply with the provisions of this subtitle.

(2) The failure of a fire, rescue, or ambulance company to comply with this subtitle may result in the forfeiture of the allocated money, in whole or in part.

(3) Money forfeited by a fire, rescue, or ambulance company under paragraph (2) of this subsection shall be reallocated by the county to compliant fire, rescue, and ambulance companies.

(b) (1) The Secretary may withhold money allocated for the next fiscal year under this subtitle from a county if the county does not comply with this subtitle.

(2) After notice and an opportunity for a hearing, failure of a county to comply with this subtitle may result in the forfeiture of the allocated money, in whole or in part.

(c) Money withheld under this section reverts to the Fund.
Md. Code, Tax - General § 8-220 — MD Code / Article gtg / Title 8 / Subtitle 2 / Section 8-220
§8–220.
Status: in_force

A financial institution may claim a credit against the financial institution franchise tax for One Maryland project costs and start–up costs as provided under Title 6, Subtitle 4 of the Economic Development Article.
Md. Code, Financial Institutions § 8-306 — MD Code / Article gfi / Title 8 / Subtitle 3 / Section 8-306
§8–306.
Status: in_force

Before taking office, the Division Director shall take the oath required by Article I, § 9 of the Maryland Constitution.
Md. Code, Labor and Employment § 8-1107 — MD Code / Article gle / Title 8 / Subtitle 11 / Section 8-1107
§8–1107.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Secretary may not pay extended benefits to an individual for a week under an interstate claim submitted in another state under the Interstate Benefit Payment Plan unless an extended benefit period is in effect for that week in the other state as well as this State.

(b) This section does not apply to the first 2 weeks for which extended benefits are payable under an interstate claim submitted under the Interstate Benefit Payment Plan to the individual from the extended benefit account established for the individual for the benefit year.
Md. Code, General Provisions § 8-104 — MD Code / Article ggp / Title 8 / Subtitle 1 / Section 8-104
§8–104.
Status: in_force

(a) (1) (i) A person may file a civil action on behalf of the person and the governmental entity in a court of competent jurisdiction within the State against a person who has acted or is acting in violation of § 8–102 of this title.

(ii) A civil action filed under subparagraph (i) of this paragraph shall be brought in the name of the governmental entity.

(2) A person filing an action under this section may seek:

(i) the penalties provided under § 8–102(c) of this title; and

(ii) subject to the guidelines set forth in § 8–105(a)(4) of this title, court costs and attorney’s fees.

(3) (i) The person shall serve on the governmental entity a copy of the complaint and a written disclosure of substantially all material evidence and information that the person possesses, in accordance with the provisions of Title 2 of the Maryland Rules for serving process on the State or a local entity.

(ii) 1. The complaint shall be filed in camera and shall remain under seal for at least 60 days.

2. The complaint may not be served on the defendant until the complaint is unsealed and the court orders the complaint served.

3. Within 60 days after the governmental entity is served with the complaint and the material evidence and information, the governmental entity may elect to intervene and proceed with the action.

(4) (i) For good cause shown, the governmental entity may move the court for extensions of the time during which the complaint remains under seal under paragraph (3)(ii)1 of this subsection.

(ii) Any motions made under subparagraph (i) of this paragraph may be supported by affidavits or other submissions in camera.

(5) (i) The defendant may not be required to answer a complaint filed under this section until after the complaint is:

1. unsealed and ordered by the court to be served; and

2. served on the defendant in accordance with Title 2 of the Maryland Rules.

(ii) When answering a complaint filed under this section, a defendant shall follow the time frames and other provisions for filing answers to a complaint as required under Title 2, Chapter 300 of the Maryland Rules.

(iii) During the period in which the complaint is under seal, if the governmental entity’s investigation reveals that the act, transaction, or occurrence that gave rise to the alleged violation of this title is reasonably likely to be continuing, the governmental entity shall notify the defendant as soon as practicable without jeopardizing the course and conduct of the governmental entity’s or the federal government’s investigation of the violation, compromising the development of evidence, or violating any State or federal law.

(6) Before the later of the expiration of the 60–day period during which the complaint remains under seal under paragraph (3)(ii)1 of this subsection or any extension of the 60–day period obtained under paragraph (4) of this subsection, the governmental entity shall:

(i) intervene and proceed with the action in a court of competent jurisdiction within the State; or

(ii) notify the court that it will not intervene and proceed with the action.

(7) If the governmental entity does not elect to intervene and proceed with the action under paragraph (6) of this subsection, before unsealing the complaint, the court shall dismiss the action.

(8) If a person initiates an action under this section, no person other than the governmental entity may intervene in the action or initiate a related action based on the facts underlying the pending action.

(b) (1) If the governmental entity intervenes and proceeds with the action under subsection (a)(6)(i) of this section:

(i) the governmental entity shall have the primary responsibility for proceeding with the action and may not be bound by any act of the person who initiated the action; and

(ii) subject to paragraphs (3) through (6) of this subsection, the person who initiated the action may continue as a party to the action.

(2) (i) During an investigation by the governmental entity conducted either independently or in conjunction with a civil action filed under this title, the governmental entity shall have the same rights of discovery as a civil litigant in the circuit court under Title 2, Chapter 400 of the Maryland Rules.

(ii) A person from whom the governmental entity seeks discovery shall be considered a party under Title 2, Chapter 400 of the Maryland Rules.

(3) (i) Notwithstanding the objections of the person initiating the action, the governmental entity may elect at any point to withdraw its intervention as a party to the action.

(ii) If the governmental entity elects to withdraw as a party to the action:

1. the governmental entity shall notify the court and the party initiating the action; and

2. the court shall dismiss the action.

(4) Notwithstanding the objections of the person initiating the action, if the court determines after a hearing that a proposed settlement is fair, adequate, and reasonable under the circumstances, the governmental entity may settle a civil action filed under this section.

(5) On motion of the governmental entity or the defendant or on the court’s own motion, the court may impose limitations on the participation of the person initiating an action under this section if:

(i) the governmental entity shows that the person’s unrestricted participation in the action would:

1. interfere with or unduly delay the governmental entity in its pursuit of the civil action; or

2. be repetitious, irrelevant, or harassing to the defendant; or

(ii) the defendant shows that unrestricted participation by the person initiating the action would harass the defendant or cause the defendant undue burden or unnecessary expense.

(6) Limitations imposed by the court under paragraph (5) of this subsection may include:

(i) a limitation on the number of witnesses the person may call to testify;

(ii) a limitation on the length of the testimony of witnesses called by the person;

(iii) a limitation on the person’s cross–examination of witnesses; and

(iv) a limitation on the participation of the person in the litigation.

(c) (1) On a showing in camera by the governmental entity that certain actions of discovery by the person initiating the action would interfere with the governmental entity’s investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period of not more than 60 days.

(2) The court may extend the 60–day period on a further showing in camera that:

(i) the governmental entity has pursued the criminal or civil investigation or proceeding with reasonable diligence; and

(ii) any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceeding.
Md. Code, Insurance § 8-104 — MD Code / Article gin / Title 8 / Subtitle 1 / Section 8-104
§8–104.
Status: in_force

(a) (1) Control is presumed to exist if a person directly or indirectly owns, directs the voting of, holds with the power to vote, or holds proxies representing 10% or more of the voting securities of another person.

(2) However, control is not presumed to exist if proxies have been obtained by an official of the person solely in connection with voting at a meeting of the owners of the person.

(b) The presumption of control may be rebutted by showing by a preponderance of the evidence that control does not exist in fact.

(c) (1) Notwithstanding the presumption of control, the Commissioner, on application of an insurer, may find that a person presumed to control an insurer does not have control of the insurer.

(2) In addition, the Commissioner, after notice and an opportunity to be heard, may find that a person not presumed to have control of an insurer does have control of the insurer.
Md. Code, Real Property § 8-402.2 — MD Code / Article grp / Title 8 / Subtitle 4 / Section 8-402.2
§8–402.
Status: in_force

§8–402.2.

(a) (1) This section applies to property:

(i) Leased for business, commercial, manufacturing, mercantile, or industrial purposes, or any other purpose that is not primarily residential;

(ii) Improved or to be improved by any apartment, condominium, cooperative, or other building for multifamily use of greater than four dwelling units; or

(iii) Leased for dwellings or mobile homes that are erected or placed in a mobile home development or mobile home park.

(2) This section does not apply to residential property that is or was used, intended to be used, or authorized to be used for four or fewer dwelling units.

(b) (1) Whenever, in a case that involves a 99–year ground lease renewable forever, at least 6 months ground rent is in arrears and the landlord has the lawful right to reenter for the nonpayment of the rent, the landlord, no less than 45 days after sending to the tenant by certified mail, return receipt requested, at the tenant’s last known address, and also by first–class mail to the title agent or attorney listed on the deed to the property or the intake sheet recorded with the deed, a bill for the ground rent due, may bring an action for possession of the property under § 14–108.1 of this article.

(2) (i) If the tenant cannot be personally served in accordance with paragraph (1) of this subsection, or there is no tenant in actual possession of the property, service by posting notice on the property may be made in accordance with the Maryland Rules.

(ii) Personal service or posting in accordance with the Maryland Rules shall stand in the place of a demand and reentry.

(c) (1) Before entry of a judgment the landlord shall give written notice of the pending entry of judgment to each mortgagee of the lease, or any part of the lease, who before entry of the judgment has recorded in the land records of each county where the property is located a timely request for notice of judgment.

(2) A request for notice of judgment described under paragraph (1) of this subsection shall:

(i) Be recorded in a separate paper or electronic index that is indexed under the name of the mortgagor;

(ii) Identify the property on which the mortgage is held and refer to the date and recording reference of that mortgage;

(iii) State the name and address of the holder of the mortgage; and

(iv) Identify the ground lease by stating:

1. The name of the original lessor;

2. The date the ground lease was recorded; and

3. The office, docket or book, and page where the ground lease is recorded.

(3) (i) The landlord shall mail the notice by certified mail return receipt requested to the mortgagee at the address stated in the recorded request for notice of judgment.

(ii) If the notice is not given, judgment in favor of the landlord does not impair the lien of the mortgagee.

(iii) Except as otherwise provided in this subsection, the property is discharged from the lease and the rights of all persons claiming under the lease are foreclosed unless, within 6 calendar months after execution of the judgment for possession, the tenant or any other person claiming under the lease:

1. Pays the ground rent, arrears, and all costs awarded against that person; and

2. Commences a proceeding to obtain relief from the judgment.

(d) This section does not bar the right of any mortgagee of the lease, or any part of the lease, who is not in possession at any time before expiration of 6 calendar months after execution of the judgment awarding the landlord possession, to pay all costs and damages sustained by the landlord and to perform all the covenants and agreements that are to be performed by the tenant.
Md. Code, Natural Resources § 8-1808.10 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1808.10
§8–1808.
Status: in_force

§8–1808.10.

(a) This section applies to an application for subdivision or site plan approval within the resource conservation area that:

(1) Receives final local approval on or after July 1, 2008, unless an application for subdivision or site plan approval is submitted before July 1, 2008, and legally recorded by July 1, 2010; and

(2) Does not involve the use of growth allocation.

(b) (1) Except as provided under subsection (c) of this section, the minimum buffer shall be:

(i) 200 feet landward from tidal waters or a tidal wetland; and

(ii) 100 feet landward from a tributary stream.

(2) All provisions under COMAR 27.01.09.01 that are applicable to development activities within the 100–foot buffer, including the establishment of vegetation and expansion requirements, shall apply to the 200–foot buffer.

(c) The 200–foot buffer may be reduced if:

(1) The strict application of the minimum 200–foot buffer would preclude:

(i) Subdivision of the property at a density of one dwelling unit per 20 acres, and all other State and local requirements will be satisfied; or

(ii) An intra–family transfer authorized under § 8–1808.2 of this subtitle; and

(2) The reduction will occur in accordance with local program procedures approved by the Commission.
Md. Code, Courts and Judicial Proceedings § 8-105 — MD Code / Article gcj / Title 8 / Subtitle 1 / Section 8-105
§8–105.
Status: in_force

(a) A custodian, as defined in § 4–101(d) of the General Provisions Article, may allow access to information about prospective, qualified, and sworn jurors only in accordance with rules that the Supreme Court of Maryland adopts.

(b) The rules shall provide for access to, and copying of, information needed for a challenge under § 8–408 or § 8–409 of this title.

(c) The rules shall provide for disclosure of information to the State Board of Elections as to individuals who have died, have moved, or are not citizens of the United States.

(d) The rules shall provide for disclosure of information to the State Motor Vehicle Administration as needed to correct data that the Administration provides.
Md. Code, Transportation § 8-505 — MD Code / Article gtr / Title 8 / Subtitle 5 / Section 8-505
§8–505.
Status: in_force

(a) In addition to its other powers, the Administration, with funds received from the federal government or any federal agency, may:

(1) Construct, reconstruct, improve, and maintain the State highway system; and

(2) For this purpose, as agreed to by the Administration and any affected railroad company, subject to compliance with § 8-639 of this title:

(i) Construct, reconstruct, alter, repair, or relocate any railroad grade separation; and

(ii) Otherwise eliminate any highway hazard at a railroad grade crossing.

(b) All federal funds accepted under this section shall be accepted and spent by the Administration on the terms and conditions that the federal government requires.

(c) (1) Except as otherwise provided by federal law, the total cost of any project undertaken with federal funds shall be borne entirely by those funds to the extent that they are available.

(2) If federal funds for a project are insufficient or unavailable to pay the total cost of the project, the excess of the total cost over the federal funds received shall be borne as provided by law.
Md. Code, Criminal Law § 8-503 — MD Code / Article gcr / Title 8 / Subtitle 5 / Section 8-503
§8–503.
Status: in_force

(a) This section applies to money, property, food stamps, or other assistance that is provided under a social or nutritional program based on need that is:

(1) financed wholly or partly by the State; and

(2) administered by the State or a political subdivision of the State.

(b) By fraud, a person may not obtain, attempt to obtain, or help another person to obtain or attempt to obtain, money, property, food stamps, or other assistance to which the person is not entitled.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(d) (1) A person who is convicted of a violation of this section shall make full restitution of the money or the value of the property, food stamps, or other assistance obtained by the person in violation of this section.

(2) Full restitution under paragraph (1) of this subsection shall be made after the person has received notice and has been given the opportunity to be heard as to the amount of payment and how it is to be made.
Md. Code, Real Property § 8-604 — MD Code / Article grp / Title 8 / Subtitle 6 / Section 8-604
§8–604.
Status: reserved

(a) A demand for trial by jury under this subtitle shall be subject to review by the District Court.

(b) If the jury demand is filed at the first scheduled appearance in accordance with § 8-602(b) of this subtitle, then any party to the action contesting the jury demand shall, at the first scheduled appearance, object to the jury demand and describe the basis of the invalidity of the jury demand.

(c) If the jury demand is filed at a time other than the first scheduled appearance in accordance with § 8-602(a) or (b) of this subtitle, then any other party to the action contesting the validity of the jury demand shall file an “objection to jury demand” within 10 days of the filing of the jury demand which such objection shall describe the basis of the invalidity of the jury demand, provided, however, that the “objection to jury demand” shall be filed at the first scheduled appearance if that occurs prior to the expiration of the period set forth in § 8-602 of this subtitle.

(d) In the event that a jury demand and an “objection to jury demand” is filed in accordance with § 8-602 of this subtitle and subsection (b) of this section:

(1) If an “objection to jury demand” is filed under subsection (b) of this section, the court shall consider the validity of the jury demand at the time of the first scheduled appearance of the parties;

(2) If an “objection to jury demand” is filed under subsection (c) of this section at a time other than trial, the court shall set the objection in for a hearing before the trial; or

(3) If the “objection to jury demand” is filed at the time of trial under subsection (c) of this section, the court shall consider the validity of the jury demand at trial.

(e) In the event a jury demand is filed prior to the first scheduled appearance and the time for filing an objection under subsection (c) of this section shall not have expired prior to the first scheduled appearance, and all other parties to the action file a “nonobjection to jury demand” at least 1 day prior to the first scheduled appearance, or if the time for filing an objection under subsection (c) of this section shall have expired prior to the first scheduled appearance and no objection having been filed, then the action shall be removed from the docket and transferred to the circuit court.

(f) In the event that a jury demand is made under this subtitle, the District Court shall not be divested of jurisdiction and the matter shall not be removed to the circuit court until such time as the District Court has reviewed the jury demand, provided, however, that any hearing on the validity of a jury demand under this subtitle must occur within 10 days of the date of jury demand.

(g) (1) The District Court’s review of the validity of a jury demand shall be limited to:

(i) Timeliness of the jury demand;

(ii) The amount in controversy; and

(iii) The existence of a valid waiver.

(2) In the event that the District Court finds that the jury demand is invalid, the matter shall proceed in the District Court; however, upon conclusion of the District Court trial any party filing a jury demand determined invalid by the court may include the validity of the jury demand in an appeal, as set forth under the Maryland Rules.
Md. Code, State Government § 8-3A-02 — MD Code / Article gsg / Title 8 / Subtitle 3A / Section 8-3A-02
§8–3A–02.
Status: in_force

(a) On or before December 1 of each gubernatorial election year:

(1) the Secretary of Budget and Management shall compile a list of the position, pay grade, and title of each employee in the State Personnel Management System who is employed with regard to political affiliation, belief, or opinion under § 4–201(c)(2)(ii) of the State Personnel and Pensions Article; and

(2) the Secretary of Transportation shall compile a list of the position, pay grade, and title of each employee in the Maryland Department of Transportation’s Human Resource System who is employed with regard to political affiliation, belief, or opinion under § 2–103.4(b)(2)(ii) of the Transportation Article.

(b) The Secretary of Transportation shall provide the list of employees required under subsection (a)(2) of this section to the Secretary of Budget and Management on or before December 15 of each gubernatorial election year.

(c) In accordance with § 2–1257 of this article, on or before December 31 of each gubernatorial election year, the Secretary of Budget and Management shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Delegates on the total number of State employees employed with regard to political affiliation, belief, or opinion under this section.
Md. Code, Business Regulation § 8-617 — MD Code / Article gbr / Title 8 / Subtitle 6 / Section 8-617
§8–617.
Status: in_force

(a) A person may not demand or receive any payment for a home improvement before the home improvement contract is signed.

(b) A person may not receive a deposit of more than one-third of the home improvement contract price before or at the time of execution of the home improvement contract.
Md. Code, Environment § 8-202 — MD Code / Article gen / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

(a) (1) The Board consists of 12 members appointed by the Secretary.

(2) In making appointments to the Board, the Secretary shall choose members of the Board so that the Board is fairly representative of the businesses and professions that are interested in the subject of radiation. The general public shall also be represented.

(b) (1) Ten members shall be individuals who are recognized as knowledgeable about the subject of radiation.

(2) Two members shall be public members who represent the community at large.

(c) (1) The term of a member is 4 years and begins on June 1.

(2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1986. The terms of those members end as follows:

(i) 3 members in 1987;

(ii) 2 members in 1988;

(iii) 3 members in 1989; and

(iv) 4 members, including 2 public members, in 1990.

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

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
Md. Code, Corporations and Associations § 8-501.1 — MD Code / Article gca / Title 8 / Subtitle 5 / Section 8-501.1
§8–501.
Status: in_force

§8–501.1.

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

(2) “Domestic limited liability company” means a limited liability company formed under the laws of the State.

(3) “Domestic limited partnership” means a partnership formed by 2 or more persons under the laws of the State and having one or more general partners and one or more limited partners.

(4) “Domestic partnership” or “partnership” means a partnership formed under the laws of the State.

(5) “Foreign business trust” means a business trust organized under the laws of the United States, another state of the United States, or a territory, possession, or district of the United States, or under the laws of a foreign country.

(6) “Foreign limited liability company” means a limited liability company formed under the laws of any state other than the State of Maryland or under the laws of a foreign country.

(7) “Foreign limited partnership” means a partnership formed under the laws of any state other than the State of Maryland or under the laws of a foreign country and having as partners one or more general partners and one or more limited partners.

(8) “Foreign partnership” means a partnership formed under the laws of any state, other than this State, or under the laws of a foreign country.

(9) “Maryland real estate investment trust” means a real estate investment trust in compliance with the provisions of this title.

(b) Unless the declaration of trust provides otherwise, a Maryland real estate investment trust may merge into a Maryland or foreign business trust, into a Maryland or foreign corporation having capital stock, into a domestic or foreign partnership, or into a domestic or foreign limited partnership or limited liability company; or one or more such business trusts, such corporations, domestic or foreign partnerships, domestic or foreign limited partnerships, or limited liability companies may merge into it.

(c) A merger shall be approved in the manner provided by this section, except that:

(1) A foreign business trust, a Maryland business trust, other than a Maryland real estate investment trust, a corporation, a domestic or foreign partnership, or a domestic or foreign limited partnership party to the merger shall have the merger advised, authorized, and approved in the manner and by the vote required by its declaration of trust, governing instrument, charter, or partnership agreement and the laws of the place where it is organized;

(2) (i) A foreign limited liability company party to the merger shall have the merger advised, authorized, and approved in the manner and by the vote required by the laws of the place where it is organized; and

(ii) A domestic limited liability company shall have the merger approved in the manner provided under § 4A–703 of this article;

(3) A merger need be approved by a Maryland real estate investment trust successor only by a majority of its entire board of trustees if the merger does not reclassify or change the terms of any class or series of its shares that are outstanding immediately before the merger becomes effective or otherwise amend its declaration of trust and the number of shares of such class or series outstanding immediately after the effective time of the merger does not increase by more than 20 percent of the number of its shares of the class or series of shares outstanding immediately before the merger becomes effective;

(4) A merger of a subsidiary with or into its parent need be approved only in the manner provided in § 3–106 of this article, provided the parent owns at least 90 percent of the subsidiary;

(5) A merger of a Maryland real estate investment trust in accordance with § 3–106.1 of this article need be approved only in the manner provided in § 3–106.1 of this article; and

(6) A merger of a parent real estate investment trust with or into a single direct or indirect wholly owned subsidiary real estate investment trust may be approved in the manner provided in § 3–106.2 of this article, provided the merger otherwise conforms to the requirements under § 3–106.2 of this article.

(d) The board of trustees of each Maryland real estate investment trust proposing to merge shall:

(1) Adopt a resolution that declares the proposed transaction is advisable on substantially the terms and conditions set forth or referred to in the resolution; and

(2) Direct that the proposed transaction be submitted for consideration at either an annual or special meeting of shareholders.

(e) Notice which states that a purpose of a meeting will be to act upon the proposed merger shall be given by each Maryland real estate investment trust in the manner provided for corporations by Title 2 of this article to:

(1) Each of its shareholders entitled to vote on the proposed transaction; and

(2) Each of its shareholders not entitled to vote on the proposed transaction, except the shareholders of a successor in a merger if the merger does not alter the contract rights of their shares as expressly set forth in the declaration of trust.

(f) An agreement of merger may require that the proposed transaction shall be submitted to the shareholders, even if the board of trustees determines at any time after having declared the advisability of the proposed transaction that the proposed transaction is no longer advisable and either makes no recommendation to the shareholders or recommends that the shareholders reject the proposed transaction.

(g) Except as provided in § 8–202(c) of this title, the proposed merger shall be approved by the shareholders of each Maryland real estate investment trust by the affirmative vote of two thirds of all the votes entitled to be cast on the matter.

(h) Articles of merger containing provisions required by § 3–109 of this article and such other provisions as may be permitted by that section shall be:

(1) Executed for each party to the articles in the manner required by Title 1 of this article; and

(2) Filed for the record with the Department.

(i) (1) A proposed merger may be abandoned before the effective date of the articles:

(i) If the articles so provide, by majority vote of the entire board of trustees of any one business trust party to the articles or of the entire board of directors of any one corporation party to the articles;

(ii) Unless the articles provide otherwise, by majority vote of the entire board of trustees of each Maryland real estate investment trust party to the articles; or

(iii) By unanimous consent of the members of a limited liability company party to the articles.

(2) If the articles have been filed with the Department, notice of the abandonment shall be given promptly to the Department.

(3) (i) If the proposed merger is abandoned as provided in this subsection, no legal liability arises under the articles.

(ii) An abandonment does not prejudice the rights of any person under any other contract made by a business trust, corporation, or limited liability company party to the proposed articles in connection with the proposed merger.

(j) Each shareholder of a Maryland real estate investment trust objecting to a merger of the Maryland real estate investment trust shall have the same rights as an objecting stockholder of a Maryland corporation under Title 3, Subtitle 2 of this article and under the same procedures.

(k) (1) The Department shall prepare certificates of merger that specify:

(i) The name of each party to the articles;

(ii) The name of the successor and the location of its principal office in this State or, if it has none, its principal place of business; and

(iii) The time the articles are accepted for record by the Department.

(2) In addition to any other provision of law with respect to recording, the Department shall send one certificate each to the clerk of the circuit court for each county where the articles show that a merging business trust, corporation, partnership, limited partnership, or limited liability company other than the successor owns an interest in land.

(3) On receipt of a certificate, a clerk promptly shall record it with the land records.

(l) (1) In order to keep the land assessment records current in each county, the Department shall require a business trust, corporation, partnership, limited partnership, or limited liability company to submit with the articles a property certificate for each county where a merging business trust, corporation, partnership, limited partnership, or limited liability company other than the successor owns an interest in land.

(2) A property certificate is not required with respect to any property in which the only interest owned by the merging business trust, corporation, partnership, limited partnership, or limited liability company is a security interest.

(3) The property certificate shall be in the form and number of copies which the Department requires and may include the certificate of the Department required by subsection (k) of this section.

(4) (i) The property certificate shall provide a deed reference or other description sufficient to identify the property.

(ii) The Department shall indicate on the certificate the time the articles are accepted for record and send a copy of it to the chief assessor of the county where the property is located.

(5) A transfer, vesting, or devolution of title to the property is not invalidated or otherwise affected by any error or defect in the property certificate, failure to file it, or failure by the Department to act on it.

(m) If the successor in a merger is a Maryland real estate investment trust, a merger is effective as of the later of:

(1) The time the Department accepts the articles of merger for record; or

(2) The time established under the articles, not to exceed 30 days after the articles are accepted for record.

(n) (1) If the successor in a merger is a foreign corporation, foreign partnership, foreign limited partnership, a foreign limited liability company, or a Maryland or foreign business trust, other than a Maryland real estate investment trust, the merger is effective as of the later of:

(i) The time specified by the law of the place where the successor is organized; or

(ii) The time the Department accepts the articles of merger for record.

(2) A foreign successor in a merger shall file for record with the Department a certificate from the place where it is organized which certifies the date the articles of merger were filed. However, the failure to file this certificate does not invalidate the merger.

(o) (1) Consummation of a merger has the effects provided in this subsection.

(2) The separate existence of each business trust, corporation, partnership, limited partnership, or limited liability company party to the articles, except the successor, ceases.

(3) The shares of each business trust party to the articles which are to be converted or exchanged under the terms of the articles cease to exist, subject to the rights of an objecting shareholder under subsection (j) of this section.

(4) In addition to any other purposes and powers set forth in the articles, if the articles provide, the successor has the purposes and powers of each party to the articles.

(5) (i) The assets of each party to the articles, including any legacies which it would have been capable of taking, transfer to, vest in, and devolve on the successor without further act or deed.

(ii) Confirmatory deeds, assignments, or similar instruments to evidence the transfer may be executed and delivered at any time in the name of the transferring party to the articles by its last acting officers or trustees or by the appropriate officers or trustees of the successor.

(6) (i) The successor is liable for all the debts and obligations of each nonsurviving party to the articles. An existing claim, action, or proceeding pending by or against any nonsurviving party to the articles may be prosecuted to judgment as if the merger had not taken place, or, on motion of the successor or any party, the successor may be substituted as a party and the judgment against the nonsurviving party to the articles constitutes a lien on the property of the successor.

(ii) A merger does not impair the rights of creditors or any liens on the property of any business trust, corporation, partnership, limited partnership, or limited liability company party to the articles.
Md. Code, Health Occupations § 8-6C-04 — MD Code / Article gho / Title 8 / Subtitle 6C / Section 8-6C-04
§8–6C–04.
Status: in_force

(a) A licensed direct–entry midwife shall consult with a health care practitioner, and document the consultation, the recommendations of the consultation, and the discussion of the consultation with the client, if any of the following conditions are present during the course of care:

(1) Significant mental disease, including depression, bipolar disorder, schizophrenia, and other conditions that impair the ability of the patient to participate effectively in the patient’s care or that require the use of psychotropic drugs to control the condition;

(2) Second or third trimester bleeding;

(3) Intermittent use of alcohol into the second trimester;

(4) Asthma;

(5) Diet–controlled gestational diabetes;

(6) History of genetic problems, intrauterine death after 20 weeks’ gestation, or stillbirth;

(7) Abnormal pap smear;

(8) Possible ectopic pregnancy;

(9) Tuberculosis;

(10) Controlled hypothyroidism, being treated with thyroid replacement and euthyroid, and with thyroid test numbers in the normal range;

(11) Rh sensitization with positive antibody titer;

(12) Breech presentation between 35 and 38 weeks;

(13) Transverse lie or other abnormal presentation between 35 and 38 weeks;

(14) Premature rupture of membranes at 37 weeks or less;

(15) Small for gestational age or large for gestational age fetus;

(16) Polyhydramnios or oligohydramnios;

(17) Previous LEEP procedure or cone biopsy;

(18) Previous obstetrical problems, including uterine abnormalities, placental abruption, placenta accreta, obstetric hemorrhage, incompetent cervix, or preterm delivery for any reason;

(19) Postterm maturity (41 0/7 to 6/7 weeks gestational age);

(20) Inflammatory bowel disease, in remission;

(21) Active genital herpes lesions during pregnancy except as required by § 8–6C–03(29) of this subtitle;

(22) Prepregnancy body mass index (BMI) of less than 18.5 or 35 or more; or

(23) Significant fetal congenital anomaly.

(b) Subject to subsection (c) of this section, a licensed direct–entry midwife shall arrange immediate emergency transfer to a hospital if:

(1) The patient requests transfer; or

(2) The patient or newborn is determined to have any of the following conditions during labor, delivery, or the immediate postpartum period:

(i) Unforeseen noncephalic presentation;

(ii) Unforeseen multiple gestation;

(iii) Nonreassuring fetal heart rate or pattern, including tachycardia, bradycardia, significant change in baseline, and persistent late or severe variable decelerations;

(iv) Prolapsed cord;

(v) Unresolved maternal hemorrhage;

(vi) Retained placenta;

(vii) Signs of fetal or maternal infection;

(viii) Patient with a third– or fourth–degree laceration or a laceration beyond the licensed direct–entry midwife’s ability to repair;

(ix) Apgar of less than seven at 5 minutes;

(x) Significant congenital anomalies that directly affect delivery or immediate postpartum care or require immediate emergency care, as determined by the Board in regulations;

(xi) Need for chest compressions during neonatal resuscitation;

(xii) Newborn with persistent central cyanosis;

(xiii) Newborn with persistent grunting and retractions;

(xiv) Newborn with abnormal vital signs;

(xv) Gross or thick meconium staining, when discovered; or

(xvi) Newborn with excessive dehydration due to inability to feed.

(c) If transfer is not possible because of imminent delivery, the licensed direct–entry midwife shall consult with a health care provider for guidance on further management of the patient and to determine when transfer may be safely arranged, if required.

(d) (1) A licensed direct–entry midwife shall immediately transfer the care of a patient to a health care provider for the treatment of any significant postpartum morbidity, including:

(i) Uncontrolled postpartum hemorrhage;

(ii) Preeclampsia;

(iii) Thrombo–embolism;

(iv) An infection; or

(v) A postpartum mental health disorder.

(2) A licensed direct–entry midwife who is required to transfer care of a patient under paragraph (1) of this subsection may continue other aspects of postpartum care in consultation with the treating health care practitioner.
Md. Code, Criminal Law § 8-611 — MD Code / Article gcr / Title 8 / Subtitle 6 / Section 8-611
§8–611.
Status: in_force

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

(2) “Counterfeit mark” means:

(i) an unauthorized copy of intellectual property; or

(ii) intellectual property affixed to goods knowingly sold, offered for sale, manufactured, or distributed, to identify services offered or rendered, without the authority of the owner of the intellectual property.

(3) “Intellectual property” means a trademark, service mark, trade name, label, term, device, design, or word adopted or used by a person to identify the goods or services of the person.

(4) “Retail value” means:

(i) a trademark counterfeiter’s selling price for the goods or services that bear or are identified by the counterfeit mark; or

(ii) a trademark counterfeiter’s selling price of the finished product, if the goods that bear a counterfeit mark are components of the finished product.

(5) “Trademark counterfeiter” means a person who commits the crime of trademark counterfeiting prohibited by this section.

(b) A person may not willfully manufacture, produce, display, advertise, distribute, offer for sale, sell, or possess with the intent to sell or distribute goods or services that the person knows are bearing or are identified by a counterfeit mark.

(c) If the aggregate retail value of the goods or services is $1,500 or more, a person who violates this section is guilty of the felony of trademark counterfeiting and on conviction:

(1) is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both; and

(2) shall transfer all of the goods to the owner of the intellectual property.

(d) If the aggregate retail value of the goods or services is less than $1,500, a person who violates this section is guilty of the misdemeanor of trademark counterfeiting and on conviction:

(1) is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and

(2) shall transfer all of the goods to the owner of the intellectual property.

(e) An action or prosecution for trademark counterfeiting in which the aggregate retail value of the goods or services is less than $1,500 shall be commenced within 2 years after the commission of the crime.

(f) Any goods bearing a counterfeit mark are subject to seizure by a law enforcement officer to preserve the goods for transfer to the owner of the intellectual property either:

(1) under an agreement with the person alleged to have committed the crime; or

(2) after a conviction under this section.

(g) State or federal registration of intellectual property is prima facie evidence that the intellectual property is a trademark or trade name.
Md. Code, Natural Resources § 8-1909 — MD Code / Article gnr / Title 8 / Subtitle 19 / Section 8-1909
§8–1909.
Status: in_force

(a) (1) All money received by the Trust shall be deposited, as directed by the Trust, in any State or national bank, or federally or State insured savings and loan associations located in the State having a total paid–in capital of at least $1,000,000.

(2) The trust department of any State or national bank or savings and loan association may be designated as a depository to receive any securities acquired or owned by the Trust.

(3) The restriction with respect to paid–in capital may be waived for any qualifying bank or savings and loan association which agrees to pledge securities of the State or of the United States to protect the funds and securities of the Trust in amounts and under arrangements acceptable to the Trust.

(b) (1) Except as provided in paragraph (2) of this subsection, any money of the Trust, in its discretion and unless otherwise provided in any agreement or covenant between the Trust and the holders of any of its obligations limiting or restricting classes of investments, may be invested in the following:

(i) Bonds or other obligations of the United States, the State, the political subdivisions or units of the State, or direct or indirect federal agencies;

(ii) Corporate bonds with a rating of BAA3/BBB;

(iii) Mortgage–backed and asset–backed securities with a rating of AAA;

(iv) Marketable equity securities;

(v) Marketable equity–related mutual funds; or

(vi) Debt–related mutual funds.

(2) The overall debt security portion of the portfolio of the Trust must have a rating of at least AA.

(c) The Trust shall make provision for a system of financial accounting, controls, audits, and reports.

(d) The books, records, and accounts of the Trust are subject to audit by the State.
Md. Code, Natural Resources § 8-203 — MD Code / Article gnr / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

The Secretary shall take every necessary step to enact appropriate intergovernmental agreements with other states to preserve the optimal state of the Chesapeake Bay through organization of an interstate body to plan, manage, coordinate, and enforce the proper use of the Chesapeake Bay, so every user of the Bay area can obtain maximum advantage of the Bay.
Md. Code, Labor and Employment § 8-901 — MD Code / Article gle / Title 8 / Subtitle 9 / Section 8-901
§8–901.
Status: in_force

An individual who files a claim in accordance with regulations adopted under this title is eligible to receive benefits with respect to any week if the Secretary finds that the individual meets the requirements of this subtitle.
Md. Code, Labor and Employment § 8-610.1 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-610.1
§8–610.
Status: in_force

§8–610.1.

An employing unit that has knowingly failed to properly classify an individual as an employee under § 8–201.1 of this title shall pay contributions for 2 years:

(1) at a rate applied to the taxable wage base that would have been assigned to the employing unit under this subtitle if the employing unit had not knowingly failed to properly classify an individual as an employee; plus

(2) two percentage points.
Md. Code, Transportation § 8-811 — MD Code / Article gtr / Title 8 / Subtitle 8 / Section 8-811
§8–811.
Status: in_force

This subtitle does not abrogate or affect any statute, ordinance, regulation, or resolution that is more restrictive in the regulation of junkyards, automotive dismantler and recycler facilities, or scrap metal processing facilities than this subtitle.
Md. Code, State Finance and Procurement § 8-138 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-138
§8–138.
Status: in_force

Subject to the limitations in this Part V of this subtitle, and at the direction of the Board, the Treasurer may borrow money, on the credit of the State, in anticipation of:

(1) tax receipts, as set forth in the revenue estimates that support an enacted State budget; or

(2) proceeds of a sale of State bonds.
Md. Code, Insurance § 8-510 — MD Code / Article gin / Title 8 / Subtitle 5 / Section 8-510
§8–510.
Status: in_force

To add a name to or delete a name from a license, the licensee shall:

(1) submit to the Commissioner the change in the form that the Commissioner requires; and

(2) pay to the Commissioner a fee of $10.
Md. Code, Commercial Law § 8-110 — MD Code / Article gcl / Title 8 / Subtitle 1 / Section 8-110
§8–110.
Status: in_force

(a) The local law of the issuer's jurisdiction, as specified in subsection (d) of this section, governs:

(1) The validity of a security;

(2) The rights and duties of the issuer with respect to registration of transfer;

(3) The effectiveness of registration of transfer by the issuer;

(4) Whether the issuer owes any duties to an adverse claimant to a security; and

(5) Whether an adverse claim can be asserted against a person to whom transfer of a certificated or uncertificated security is registered or a person who obtains control of an uncertificated security.

(b) The local law of the securities intermediary's jurisdiction, as specified in subsection (e) of this section, governs:

(1) Acquisition of a security entitlement from the securities intermediary;

(2) The rights and duties of the securities intermediary and entitlement holder arising out of a security entitlement;

(3) Whether the securities intermediary owes any duties to an adverse claimant to a security entitlement; and

(4) Whether an adverse claim can be asserted against a person who acquires a security entitlement from the securities intermediary or a person who purchases a security entitlement or interest in a security entitlement from an entitlement holder.

(c) The local law of the jurisdiction in which a security certificate is located at the time of delivery governs whether an adverse claim can be asserted against a person to whom the security certificate is delivered.

(d) (1) “Issuer's jurisdiction” means the jurisdiction under which the issuer of the security is organized or, if permitted by the law of that jurisdiction, the law of another jurisdiction specified by the issuer.

(2) An issuer organized under the law of this State may specify the law of another jurisdiction as the law governing the matters specified in subsection (a)(2) through (5) of this section.

(e) The following rules determine a “securities intermediary’s jurisdiction” for purposes of this section:

(1) If an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that a particular jurisdiction is the securities intermediary’s jurisdiction for purposes of this subtitle or this title, that jurisdiction is the securities intermediary’s jurisdiction.

(2) If paragraph (1) does not apply and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the securities intermediary’s jurisdiction.

(3) If neither paragraph (1) nor paragraph (2) applies and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the securities account is maintained at an office in a particular jurisdiction, that jurisdiction is the securities intermediary’s jurisdiction.

(4) If none of the preceding paragraphs applies, the securities intermediary’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the entitlement holder’s account is located.

(5) If none of the preceding paragraphs applies, the securities intermediary’s jurisdiction is the jurisdiction in which the chief executive office of the securities intermediary is located.

(f) A securities intermediary's jurisdiction is not determined by the physical location of certificates representing financial assets, or by the jurisdiction in which is organized the issuer of the financial asset with respect to which an entitlement holder has a security entitlement, or by the location of facilities for data processing or other record keeping concerning the account.
Md. Code, Real Property § 8-330 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-330
§8–330.
Status: in_force

Service of all process by the court following service of the original petition in distress may be made by first-class mail. Every party and claimant is charged with notice of each step of the proceeding and is bound by it. A claim of nonreceipt of a notice mailed to a party or claimant does not affect the validity of the order or notice given by first-class mail.
Md. Code, Health Occupations § 8-6B-19 — MD Code / Article gho / Title 8 / Subtitle 6B / Section 8-6B-19
§8–6B–19.
Status: in_force

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 8-6B-17 or § 8-6B-18 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) The hearing notice to be given to the person shall be sent by certified mail, return receipt requested, to the last known address of the person at least 30 days before the hearing.

(d) The person may be represented at the hearing by counsel.

(e) (1) The Board may issue subpoenas and administer oaths in connection with a proceeding under this section.

(2) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, then on petition of the Board, a court of competent jurisdiction:

(i) Shall compel compliance with the subpoena; and

(ii) May hold the person in contempt of court.

(f) If after due notice the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

(g) The hearing of charges may not be stayed or challenged by procedural defects alleged to have occurred prior to the filing of charges.

(h) (1) After the Board conducts an investigation under this subtitle, the Board may issue an advisory letter to the licensee.

(2) The Board may disclose an advisory letter issued under this subsection to the public.

(3) The issuance of an advisory letter under this subsection may not:

(i) Be considered a disciplinary action under § 8–6B–18 of this subtitle; and

(ii) Be reported to any licensing entity, employer, or insurance company as a disciplinary action.
Md. Code, Correctional Services § 8-204 — MD Code / Article gcs / Title 8 / Subtitle 2 / Section 8-204
§8–204.
Status: in_force

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

(2) “Capital region” means Frederick County, Montgomery County, and Prince George’s County.

(3) “Central region” means Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Harford County, and Howard County.

(4) “Eastern Shore region” means Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County.

(5) “Southern region” means Calvert County, Charles County, and St. Mary’s County.

(6) “Western region” means Allegany County, Garrett County, and Washington County.

(b) The Commission consists of the following members:

(1) the Secretary of Public Safety and Correctional Services;

(2) the Secretary of Juvenile Services;

(3) a representative of the Department of Public Safety and Correctional Services, designated by the Secretary of Public Safety and Correctional Services;

(4) a representative of the Department of Juvenile Services, designated by the Secretary of Juvenile Services;

(5) a Deputy Secretary of Public Safety and Correctional Services;

(6) the president of the Maryland Correctional Administrators Association;

(7) the president of the Maryland Sheriffs Association;

(8) the president of the Maryland Criminal Justice Association;

(9) the Attorney General of the State;

(10) the president of a university or college in the State with a correctional education curriculum, appointed by the Maryland Higher Education Commission;

(11) one correctional officer of the State recommended by the exclusive representative for the officers covered under Title 10, Subtitle 9 of this article and appointed by the Governor;

(12) five correctional officers or officials appointed under subsection (c) of this section;

(13) the Director of the Division of Parole and Probation within the Department of Public Safety and Correctional Services; and

(14) one employee of the Division of Parole and Probation recommended by the exclusive representative for the employees of the Division of Parole and Probation and appointed by the Governor.

(c) (1) The Governor shall appoint, with the advice and consent of the Senate, five correctional officers or officials from local correctional facilities to be members of the Commission.

(2) The five members appointed under paragraph (1) of this subsection shall represent each of the following geographic areas of the State:

(i) the capital region;

(ii) the central region;

(iii) the Eastern Shore region;

(iv) the southern region; and

(v) the western region.

(3) The term of a member who is appointed under paragraph (1) of this subsection is 3 years.

(4) The terms of the members who are appointed under paragraph (1) of this subsection are staggered as required by the terms provided for members of the Commission on June 1, 2024.

(5) (i) At the end of a term, a member who was appointed under paragraph (1) of this subsection continues to serve until a successor is appointed and qualifies.

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

(d) Except for the five members appointed by the Governor under subsection (c) of this section and the member appointed under subsection (b)(14) of this section, a member of the Commission may serve personally at a Commission meeting or designate a representative from the member’s unit or association who may act at any meeting to the same effect as if the member were personally present.
Md. Code, Transportation § 8-651 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-651
§8–651.
Status: in_force

(a) The Administration shall designate Maryland Route 43 as the Korean War Veterans Memorial Highway.

(b) The Administration shall designate the portion of Interstate Highway 70 that is located in Frederick County, Maryland as the Korean War Veterans Memorial Highway.
Md. Code, Labor and Employment § 8-802 — MD Code / Article gle / Title 8 / Subtitle 8 / Section 8-802
§8–802.
Status: in_force

An individual is eligible for benefits if, during the base period:

(1) the individual was paid wages of at least the lower quarterly wage amount in line 1 of the schedule of benefits in § 8-803 of this subtitle for covered employment during the calendar quarter in which the individual’s wages were highest; and

(2) the individual was paid wages for covered employment that, during at least 2 calendar quarters combined, are at least 1.5 times the upper limit of the wages for the line in the schedule of benefits for which the individual qualifies.
Md. Code, Natural Resources § 8-2104 — MD Code / Article gnr / Title 8 / Subtitle 21 / Section 8-2104
§8–2104.
Status: in_force

The Secretary may accept, use, or expend any aid, gift, or grant made available from any private or public source to carry out the provisions of this subtitle.
Md. Code, Environment § 8-401 — MD Code / Article gen / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

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

(b) “High-level nuclear waste” means:

(1) Spent nuclear reactor fuel;

(2) Liquid waste that results from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a first cycle solvent extraction system or an equivalent system;

(3) Concentrated waste from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a subsequent cycle solvent extraction system or an equivalent system; or

(4) Any solid into which any waste that is described in item (2) or (3) of this subsection has been converted.

(c) “Low-level nuclear waste” means waste that:

(1) Contains or is contaminated with radioactive material emitting primarily beta or gamma radiation; and

(2) Is neither high-level nuclear waste nor transuranic waste.

(d) “Transuranic waste” means waste material that is measured or assumed to contain at least 10 nanocuries of transuranic activity per gram of waste.
Md. Code, Education § 8-413.1 — MD Code / Article ged / Title 8 / Subtitle 4 / Section 8-413.1
§8–413.
Status: in_force

§8–413.1.

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

(2) (i) “Advocate” means an individual who, for compensation, provides support and guidance during individualized education program meetings, mediation proceedings, or due process proceedings to:

1. A student with a disability; or

2. The parent or guardian of a student with a disability.

(ii) “Advocate” does not include:

1. An attorney acting in a legal capacity to represent a student with a disability; or

2. A consultant.

(3) “Consultant” means an individual with a degree or certification in a field that is directly related to special education or related services whose knowledge can be helpful in determining how to meet a student’s special education needs in accordance with federal and State law.

(4) “Eligible student” means a student with a disability whose parent has:

(i) A household income of not more than 150% of the income guidelines used by the Maryland Volunteer Lawyers Service; and

(ii) Made at least one attempt to resolve a disagreement with a public agency regarding the child’s special education services or program.

(5) “Fund” means the Access to Attorneys, Advocates, and Consultants for Special Education Fund.

(6) “Individualized education program” has the same meaning as stated in the federal Individuals with Disabilities Education Act.

(7) “Parent” has the meaning stated in § 8–413 of this subtitle.

(8) “Program” means the Access to Attorneys, Advocates, and Consultants for Special Education Program.

(9) “Public agency” has the meaning stated in § 8–413 of this subtitle.

(b) (1) There is an Access to Attorneys, Advocates, and Consultants for Special Education Program.

(2) The purpose of the Program is to direct resources and services to eligible students to provide access to legal, advocacy, and consultant services as required under this section.

(3) (i) The Program shall be administered by the Maryland Volunteer Lawyers Service.

(ii) The Maryland Volunteer Lawyers Service shall:

1. Advertise the Program;

2. Seek qualified attorneys, advocates, and consultants interested in being included on a referral list to be provided to eligible students;

3. Compile and maintain a referral list of qualified attorneys, advocates, and consultants;

4. Develop criteria to determine the required qualifications of attorneys, advocates, and consultants to participate in the Program;

5. Develop, in consultation with the Department, local school system special education directors, disability rights advocates, and representatives from the judiciary, training for advocates and consultants on federal and State special education law and procedures;

6. Develop and distribute to appropriate public agencies the written informational materials required to be provided to parents under § 8–405 of this subtitle;

7. Ensure that public agencies provide notification of the Program in accordance with subsection (c) of this section;

8. Provide the referral list to eligible students who contact the Maryland Volunteer Lawyers Service;

9. Compile data in accordance with subsection (f) of this section; and

10. Study and evaluate:

A. The services provided by the Program; and

B. Resources needed to increase the access of eligible students to attorneys, advocates, and consultants in special education matters.

(4) (i) The Maryland Volunteer Lawyers Service may provide or authorize other nonprofit organizations to provide to advocates and consultants the training developed under paragraph (3)(ii)5 of this subsection.

(ii) An advocate or a consultant shall complete the training provided under subparagraph (i) of this paragraph to qualify to participate in and receive payment under the Program.

(5) The Program may serve only eligible students who meet at least one of the following:

(i) A more restrictive or less restrictive placement is being proposed for the eligible student and the parent disagrees with the proposal;

(ii) A reduction in instructional or related services is being proposed for the eligible student and the parent disagrees with the proposal;

(iii) The eligible student has been suspended or otherwise removed from school for more than 10 days;

(iv) The school has requested a due process hearing against the eligible student or parent;

(v) The eligible student has been restrained or placed in seclusion more than 10 times;

(vi) The school has proposed to enroll an eligible student in an alternative education program and the parent disagrees with the proposal; or

(vii) The parent’s native language is not English and the parent seeks assistance with navigating the special education needs of the eligible student.

(c) All public agencies shall include information about the Program in the parent’s rights documents distributed to families in the individualized education program meetings and before mediation or due process hearings under § 8–413 of this subtitle.

(d) (1) There is an Access to Attorneys, Advocates, and Consultants for Special Education Fund.

(2) The purpose of the Fund is to provide funding for families of eligible students with limited financial resources to access legal assistance, advocacy, and consultation services in special education matters.

(3) The Department shall administer the Fund.

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

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

(5) The Fund consists of:

(i) Money appropriated in the State budget to the Fund;

(ii) Interest earnings;

(iii) Reimbursements from attorneys, advocates, and consultants due to recoupment of fees; and

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

(6) The Fund may be used only for:

(i) Services provided to eligible students by attorneys, advocates, and consultants;

(ii) Development and distribution of written informational material for parents;

(iii) Outreach and education activities; and

(iv) Administrative expenses of the Department and the Maryland Volunteer Lawyers Service.

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

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

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

(9) (i) Beginning in fiscal year 2026, the Governor shall include in the annual budget bill an appropriation of $1,000,000 to the Fund.

(ii) Excluding expenditures for administering the Program, it is the intent of the General Assembly that:

1. Approximately 25% of the annual appropriation be used for providing representation of eligible students in due process hearings and court proceedings; and

2. Approximately 75% of the annual appropriation be used for providing consultation, representation, or advocacy of eligible students.

(10) Money expended from the Fund for the Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Program or for any other civil legal services funded in the State’s annual operating budget.

(e) (1) An eligible student who is interested in securing the services of an attorney, an advocate, or a consultant under the Program shall register with and provide any information required by the Maryland Volunteer Lawyers Service.

(2) (i) An attorney, an advocate, or a consultant who is included on the referral list maintained by the Maryland Volunteer Lawyers Service may receive the individual’s customary rate, up to $200 per hour, to provide services to the eligible student under the Program.

(ii) On quarterly submission of proof of services, the Maryland Volunteer Lawyers Service shall directly pay the attorney, advocate, or consultant on behalf of the eligible student up to the limit described in paragraph (3)(ii) of this subsection.

(iii) Funds received by an attorney, an advocate, or a consultant under the Program do not need to be repaid to the Program unless the eligible student is the prevailing party in a proceeding and fees have been awarded to the eligible student.

(3) (i) Program funds shall be allocated on a first–come, first–served basis.

(ii) An eligible student is limited to a lifetime maximum of $20,000 of services provided under the Program.

(f) (1) The Maryland Volunteer Lawyers Service shall collect the following data on an annual basis:

(i) Total amount of funds disbursed from the Fund;

(ii) Amount of funds disbursed disaggregated by the number of:

1. Eligible students served;

2. Attorneys who provided services;

3. Advocates who provided services; and

4. Consultants who provided services;

(iii) The amount of funds disbursed disaggregated by the type of service, including:

1. Dispute resolution proceedings, including mediation, due process hearings, and court proceedings; and

2. Assistance and support services, including consultancy, advocacy, and legal consultancy services; and

(iv) The amount of money returned to the Fund due to recoupment of fees.

(2) On or before October 1, 2025, and each October 1 thereafter, the Maryland Volunteer Lawyers Service shall compile the information collected under paragraph (1) of this subsection and submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.

(g) The Maryland Volunteer Lawyers Service may adopt policies and procedures to carry out this section.
Md. Code, Criminal Law § 8-603 — MD Code / Article gcr / Title 8 / Subtitle 6 / Section 8-603
§8–603.
Status: in_force

(a) A person may not knowingly possess, with unlawful intent, a counterfeit title to a motor vehicle.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
Md. Code, Criminal Law § 8-902 — MD Code / Article gcr / Title 8 / Subtitle 9 / Section 8-902
§8–902.
Status: in_force

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

(2) “Drug” means a drug, medicine, or a medicinal or chemical preparation for internal human consumption.

(3) “Prepare” means to make, mix, manufacture, or compound.

(b) A person who is engaged in the business of preparing or dispensing a drug for internal human consumption may not prepare, dispense, sell, or deliver the drug to a person directly or through an agent or employee if:

(1) ethyl alcohol is usually used to prepare the drug; and

(2) the preparer, or the preparer’s agent or employee, in any manner uses or substitutes methyl alcohol for ethyl alcohol, or puts methyl alcohol into the drug.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 3 months and not exceeding 1 year or a fine of not less than $100 and not exceeding $500 or both.
Md. Code, Transportation § 8-658 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-658
§8–658.
Status: in_force

The Administration shall dedicate the portion of Maryland Route 924 (Emmorton Road) between the intersection of Maryland Route 24 and Maryland Route 924 and the intersection of Singer Road and Maryland Route 924 as Heroes Highway.
Md. Code, Real Property § 8-211 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-211
§8–211.
Status: in_force

(a) (1) The purpose of this section is to provide tenants with a mechanism for encouraging the repair of serious and dangerous defects which exist within or as part of any residential dwelling unit, or on property used in common of which the dwelling unit forms a part.

(2) The defects sought to be reached by this section are those which present a substantial and serious threat of danger to the life, health, and safety of the occupants of the dwelling unit, and not those which merely impair the aesthetic value of the premises, or which are, in those locations governed by such codes, housing code violations of a nondangerous nature.

(3) The intent of this section is not to provide a remedy for dangerous conditions in the community at large which exists apart from the leased premises or the property in common of which the leased premises forms a part.

(b) It is the public policy of the State that meaningful sanctions be imposed on a landlord that allows dangerous conditions and defects to exist in leased premises, and that an effective mechanism be established for repairing these conditions and halting their creation.

(c) (1) Except as provided in paragraph (2) of this subsection, this section applies to all residential dwelling units leased for the purpose of human habitation within the State whether they are:

(i) Publicly or privately owned; or

(ii) Single or multiple units.

(2) This section does not apply to farm tenancies.

(d) This section provides a remedy and imposes an obligation on landlords to repair and eliminate conditions and defects which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to the life, health, or safety of occupants, including:

(1) Lack of heat, light, electricity, or hot or cold running water, except where the tenant is responsible for the payment of the utilities and the lack thereof is the direct result of the tenant’s failure to pay the charges;

(2) Lack of adequate sewage disposal facilities;

(3) Infestation of rodents in two or more dwelling units;

(4) The existence of any structural defect which presents a serious and substantial threat to the physical safety of the occupants; or

(5) The existence of any condition which presents a health or fire hazard to the dwelling unit.

(e) (1) This section does not apply to a landlord’s failure to repair and eliminate minor defects or, in those locations governed by such codes, housing code violations of a nondangerous nature.

(2) There is a rebuttable presumption that the following conditions, when they do not present a serious and substantial threat to the life, health, and safety of the occupants, are not covered by this section:

(i) Any defect which merely reduces the aesthetic value of the leased premises, such as the lack of fresh paint, rugs, carpets, paneling, or other decorative amenities;

(ii) Small cracks in the walls, floors, or ceilings;

(iii) The absence of linoleum or tile on the floors, provided that they are otherwise safe and structurally sound; or

(iv) The absence of air conditioning.

(f) (1) In order to employ the remedies provided by this section, the tenant shall notify the landlord of the existence of the defects or conditions.

(2) Notice shall be given by:

(i) A written communication sent by certified mail listing the asserted conditions or defects;

(ii) Actual notice of the defects or conditions; or

(iii) A written violation, condemnation or other notice from an appropriate State, county, municipal, or local government agency stating the asserted conditions or defects.

(g) (1) The landlord has a reasonable time after receipt of notice in which to make the repairs or correct the conditions.

(2) The length of time deemed to be reasonable is a question of fact for the court, taking into account the severity of the defects or conditions and the danger which they present to the occupants.

(3) There is a rebuttable presumption that a period in excess of 30 days from receipt of notice is unreasonable.

(h) (1) If the landlord refuses to make the repairs or correct the conditions, or if after a reasonable time the landlord has failed to do so, the tenant may take one or both of the following actions:

(i) Bring an action of rent escrow to pay rent into court because of the asserted defects or conditions; and

(ii) Refuse to pay rent and raise the existence of the asserted defects or conditions as an affirmative defense to an action for distress for rent or to any complaint proceeding brought by the landlord to recover rent or the possession of the leased premises.

(2) (i) Multiple tenants may join as plaintiffs in an action under this section in accordance with the Maryland Rules on joinder.

(ii) The court may order separate trials or issue any other order necessary to prevent delay or avoid prejudice.

(i) (1) There is a rebuttable presumption that a tenant is entitled to the adjudication of a request for rent abatement.

(2) (i) Subject to subsection (m) of this section, there is a rebuttable presumption that a tenant is entitled to an abatement of prospective rent in an amount to be determined by the court.

(ii) A determination under this paragraph is without prejudice to a final disposition of rent that is due and unpaid to the landlord.

(3) There is a rebuttable presumption that a court order requiring rent escrow is limited to the payment of rent that is due and unpaid subsequent to the court order.

(4) A party may request that the court adjust the amount of rent that a tenant pays into court at any time.

(5) If a tenant alleges that a defect or condition exists at the leased premises at a trial for failure to pay rent, the court may grant a postponement on request of either party in order for the parties to provide evidence and additional information regarding the alleged defect or condition.

(j) (1) Whether the issue of rent escrow is raised affirmatively or defensively, the tenant may request one or more of the forms of relief set forth in this section.

(2) In addition to any other relief sought, if within 90 days after the court finds that the conditions complained of by the tenant exist and the landlord has not made the repairs or corrected the conditions complained of, the tenant may file a petition of injunction in the District Court requesting the court to order the landlord to make the repairs or correct the conditions.

(k) Relief under this section is conditioned on:

(1) Giving proper notice, and where appropriate, the opportunity to correct, as described in subsection (g) of this section;

(2) Payment by the tenant of the amount of rent required by the lease into the court, unless this amount is modified by the court as provided in subsection (i) or (m) of this section;

(3) In the case of tenancies measured by a period of 1 month or more, the court having not entered against the tenant three prior judgments of possession for rent due and unpaid in the 12–month period immediately prior to the initiation of the action by the tenant or by the landlord; and

(4) In the case of periodic tenancies measured by the weekly payment of rent, the court having not entered against the tenant more than five judgments of possession for rent due and unpaid in the 12–month period immediately prior to the initiation of the action by the tenant or by the landlord, or, if the tenant has lived on the premises 6 months or less, the court having not entered against the tenant three judgments of possession for rent due and unpaid.

(l) It is a sufficient defense to the allegations of the tenant that the tenant, the tenant’s family, agent, employees, or assignees or social guests have caused the asserted defects or conditions, or that the landlord or the landlord’s agents were denied reasonable and appropriate entry for the purpose of correcting or repairing the asserted conditions or defects.

(m) The court shall make appropriate findings of fact and make any order that the justice of the case may require, including any one or a combination of the following:

(1) Order the termination of the lease and return of the leased premises to the landlord, subject to the tenant’s right of redemption;

(2) Order that the action for rent escrow be dismissed;

(3) Order that the amount of rent required by the lease, whether paid into court or to the landlord, be abated and reduced in an amount determined by the court to be fair and equitable to represent the existence of the conditions or defects found by the court to exist; or

(4) Order the landlord to make the repairs or correct the conditions complained of by the tenant and found by the court to exist.

(n) (1) After rent escrow has been established, the court:

(i) Shall, after a hearing, if so ordered by the court or one is requested by the landlord, order that the money in the escrow account be disbursed to the landlord after the necessary repairs have been made;

(ii) May, after an appropriate hearing, order that some or all money in the escrow account be paid to the landlord or the landlord’s agent, the tenant or the tenant’s agent, or any other appropriate person or agency for the purpose of making the necessary repairs of the dangerous conditions or defects;

(iii) May, after a hearing if one is requested by the landlord, appoint a special administrator who shall cause the repairs to be made, and who shall apply to the court to pay for them out of the money in the escrow account;

(iv) May, after an appropriate hearing, order that some or all money in the escrow account be disbursed to pay any mortgage or deed of trust on the property in order to stay a foreclosure;

(v) May, after a hearing, if one is requested by the tenant, order, if no repairs are made or if no good faith effort to repair is made within 6 months of the initial decision to place money in the escrow account, that the money in the escrow account be disbursed to the tenant that has paid into escrow; or

(vi) May, after an appropriate hearing, order that the money in the escrow account be disbursed to the landlord if the tenant does not regularly pay, into that account, the rent owed.

(2) An order issued under paragraph (1)(v) of this subsection:

(i) Does not affect the right of a tenant to pay rent into court; and

(ii) May be stayed on appeal by the landlord.

(o) If a court orders any relief to a tenant who brings an action under this section, the tenant may recover:

(1) Reasonable attorney’s fees and costs; and

(2) Reasonable expenses related to litigation.

(p) If a court finds that a complaint filed by a tenant under this section is in bad faith or without substantial justification, the court may enter a judgment in favor of the landlord for:

(1) Reasonable attorney’s fees and costs; and

(2) Expenses related to litigation.

(q) Except as provided in § 8–211.1(e) of this subtitle, this section shall supersede any local law or ordinance comparable in subject matter to this section except to the extent that the local law or ordinance provides broader applicability or more protections for tenants than this section.
Md. Code, Agriculture § 8-102 — MD Code / Article gag / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

(a) The soil, water and related resources of the State are among the basic assets of the State and the conservation of these resources is necessary to protect and promote the health, safety, and general welfare of its people. Improper land-use practices cause and contribute to a progressively more serious erosion of the lands of the State by wind and water. The breaking of natural grass, plant, and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus, and developing a soil condition that favors erosion. The topsoil is being blown and washed away and there has been an accelerated washing of sloping areas. These processes of erosion by wind and water speed up when absorptive topsoil is removed, causing exposure of less absorptive and less protective but more erosive subsoil. The failure by any land occupier to conserve the soil and control erosion on his land causes a washing and blowing of soil and water from his land onto other lands and makes the conservation of soil and control of erosion of other lands difficult or impossible.

(b) The consequences of soil erosion in the form of soil blowing and soil washing are: the silting and sedimentation of stream channels, reservoirs, dams, ditches, and harbors; the loss of fertile soil material in dust storms; the piling up of soil on lower slopes and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand, and gravel swept out of the hills; deterioration of soil and its fertility, deterioration of crops grown on the soil, and declining acre yields despite development of scientific processes for increasing them; loss of soil and water which causes destruction of food and cover for wildlife; a blowing and washing of soil into streams which silts over spawning beds, destroys water plants, and diminishes the food supply of fish; diminution of the underground water reserve, which causes water shortages, intensifies periods of drought, and causes crop failures; an increase in the speed and volume of rainfall runoff, causing severe and increasing floods, which bring suffering, disease, and death; impoverishment of families attempting to farm eroding and eroded lands; damage to roads, highways, railways, farm buildings, and other property from floods and from dust storms; and losses in navigation, hydroelectric power, municipal water supply, irrigation developments, farming, and grazing.

(c) To conserve soil resources and control and prevent soil erosion, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil conserving land-use practices be adopted and carried out. Among the procedures necessary for widespread adoption are the carrying on of engineering operations such as the construction of terraces, terrace outlets, checkdams, dikes, ponds, ditches, and similar structures; the utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing; land irrigation; seeding and planting of waste, sloping, abandoned, or eroded lands with water conserving and erosion preventing plants, trees, and grasses; forestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops; retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas, and areas badly gullied or otherwise eroded.

(d) It is the policy of the General Assembly to provide for the conservation of the soil, water and related resources of the State and for the control and prevention of soil erosion in order to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect the public lands, protect and promote the health, safety, and general welfare of the people of the State, and otherwise enhance their living environment.

(e) It has been and shall continue to be the policy of this State that the activities related to soil conservation which are authorized by this title shall be pursued irrespective of the fact that such activities may displace or limit economic competition.
Md. Code, Transportation § 8-625 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-625
§8–625.
Status: in_force

(a) For purposes of this section, average daily traffic volume shall be determined over a 1-year period by the procedures that the Administration uses to establish traffic density.

(b) (1) Except in accordance with a permit issued by the Administration, a person may not make any entrance from any commercial or industrial property to any State highway that carries an average traffic volume of more than 2,000 vehicles a day.

(2) The Administration may apply to the circuit court in the subdivision in which the violation occurred or is threatened for appropriate injunctive relief.

(c) (1) To promote highway safety, the Administration may limit the width of existing entrances and exits and determine the locations of access points that may be used by any commercial or industrial property owner or user into any existing section of a State highway that carries an average traffic volume of more than 2,000 vehicles a day.

(2) If the Administration finds it expedient for traffic safety, the Administration may:

(i) Limit the width and location of access points by any method that it considers desirable; and

(ii) Deny an abutting property owner all new access along any primary State highway if reasonable access to another public road is available to and from the property.

(3) Denial of access under paragraph (2)(ii) of this subsection is an exercise of the police power and does not require the payment of compensation.

(d) (1) This subsection does not apply to an expressway, freeway, interstate highway, or parkway.

(2) Notwithstanding subsection (c)(2)(ii) of this section, the Administration may not deny an owner of property abutting a State highway all access to the highway if the abutment is within the boundaries of a municipal corporation unless:

(i) The property abuts another public road to which reasonable access can be granted;

(ii) The denial is based on an access management plan that has been agreed to by the Administration and the municipal corporation; or

(iii) The Administration pays just compensation to the property owner as part of the exercise of eminent domain powers.
Md. Code, Real Property § 8-1001 — MD Code / Article grp / Title 8 / Subtitle 10 / Section 8-1001
§8–1001.
Status: in_force

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

(b) “Covered individual” means a defendant tenant of a residential rental property in a failure to pay rent case filed under § 8–401 of this title.

(c) “Designated organization” means the fiscal and administrative agent of a county’s local workforce development board.

(d) “Pilot Program” means the Rent Court Workforce Solutions Pilot Program.
Md. Code, Courts and Judicial Proceedings § 8-102 — MD Code / Article gcj / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

(a) Each adult citizen of this State has:

(1) The opportunity for jury service; and

(2) When summoned for jury service, the duty to serve.

(b) A citizen may not be excluded from jury service due to color, disability, economic status, national origin, race, religion, sex, sexual orientation, or gender identity.

(c) Recommendations, if any, for jury service may not be accepted.

(d) Volunteers for jury service shall be refused.
Md. Code, Tax - Property § 8-411 — MD Code / Article gtp / Title 8 / Subtitle 4 / Section 8-411
§8–411.
Status: in_force

A person who receives a notice under § 8-408 of this subtitle may appeal the value or classification if that person replies as provided by Title 14, Subtitle 5 of this article.
Md. Code, Real Property § 8-303 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-303
§8–303.
Status: in_force

(a) An action of distress shall be brought by the landlord as plaintiff, the landlord’s petition shall name the tenant as defendant and contain the following information:

(1) The name and address of the landlord;

(2) The name and address of the tenant; and

(3) The facts relating to (i) any assignment of a lease, if known, (ii) the premises leased, (iii) the date of the lease, (iv) the term of the lease, (v) the rent required to be paid by the lease, and (vi) the amount of the rent in arrears.

(b) The petition shall be under oath or affirmation of the plaintiff, or the plaintiff’s agent, that the facts recited are true and correct.

(c) If a defendant is not a resident of, or amenable to service in a county where the leased premises are located, service may be made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service. If this service is returned by the Post Office Department or refused by the addressee or the addressee’s agent, then process shall be sent by first-class mail and the defendant returned as summoned.
Md. Code, Tax - Property § 8-409 — MD Code / Article gtp / Title 8 / Subtitle 4 / Section 8-409
§8–409.
Status: in_force

(a) The notice required by § 8–408 of this subtitle shall be served on the owner or other appropriate person by:

(1) sending a copy of the notice by:

(i) United States mail to the mailing address of the owner; or

(ii) e–mail, if within the past 3 years the recipient has provided to the Department an e–mail address and requested to receive the notices by e–mail; or

(2) if the owner is a nonresident of the State, or unknown or cannot be found, delivering a copy of the notice to a person in possession of the personal property.

(b) When a notice is sent under this section, the Department or supervisor shall retain a record of the date of sending and the name and address of the person to whom the notice is sent.

(c) If the service under subsection (a) of this section is given to the person charged with paying the property tax, this section is deemed complied with even if that person is accountable to shareholders or other persons.
Md. Code, Human Services § 8-716 — MD Code / Article ghu / Title 8 / Subtitle 7 / Section 8-716
§8–716.
Status: in_force

(a) When the final intended destination is a residential child care program and subject to subsection (b) of this section, a youth transportation company may not use:

(1) visual impairment, such as blindfolds and hoods;

(2) mechanical restraints, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints, or other similar items; or

(3) physical restraints, including holds, or other use of physical force to restrict free movement, unless:

(i) the restraints are necessary due to a substantial likelihood of imminent serious physical harm to a child or others; and

(ii) there are no less restrictive alternatives that will alleviate the substantial likelihood of imminent serious physical harm to the child or others.

(b) (1) Physical restraints may not be used:

(i) as punishment;

(ii) for convenience; or

(iii) as a substitute for staff supervision.

(2) Only youth transportation company staff who have been adequately trained in restraint device usage may use and apply restraints during transportation.

(3) If restraints are necessary due to a substantial likelihood of imminent serious physical harm to a child or others, the restraints may be used only as long as the imminent risk persists.

(c) (1) Except as provided in paragraph (2) of this subsection, when the final intended destination is a residential child care program, a youth transportation company may not pick up a child for transport to a residential child care program between the hours of 9 p.m. and 6 a.m.

(2) Paragraph (1) of this subsection does not apply to a youth transportation company under contract with the Department of Human Services.
Md. Code, Labor and Employment § 8-308 — MD Code / Article gle / Title 8 / Subtitle 3 / Section 8-308
§8–308.
Status: in_force

(a) With the approval of the Governor, the Secretary shall appoint a State Advisory Council.

(b) The State Advisory Council shall consist of:

(1) an equal number of members who represent employees and who represent employers; and

(2) the number of members who represent the general public that the Secretary sets.

(c) Each member of the State Advisory Council who represents employees or who represents employers shall be an individual who is regarded as a representative of employees or employers because of affiliation, employment, or vocation.

(d) (1) The term of a member of the State Advisory Council is 4 years.

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

(3) 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.

(e) Each member of the State Advisory Council is entitled to:

(1) $50 for each day that the Council is in session, not exceeding $1,500 per year; and

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

(f) The State Advisory Council shall help the Secretary to:

(1) develop policies and discuss problems related to the administration of this title; and

(2) ensure impartiality and freedom from political influence in the solution of those problems.
Md. Code, Courts and Judicial Proceedings § 8-213 — MD Code / Article gcj / Title 8 / Subtitle 2 / Section 8-213
§8–213.
Status: in_force

The jury plan of a circuit court may provide for an agreement between the circuit court and the Administrative Office of the Courts or a person, for the Administrative Office or person to:

(1) Provide the circuit court with names selected in the number that the jury plan sets;

(2) Have juror questionnaire forms sent as the jury plan requires;

(3) Have summonses sent as the jury plan requires; or

(4) Provide any other service as to jury selection and service.
Md. Code, Tax - Property § 8-238 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-238
§8–238.
Status: in_force

A seawall, bulkhead, or other structure installed solely to prevent shore erosion or damage by wave action of any body of water may not be assessed as an improvement, unless the seawall, bulkhead, or other structure is part of another improvement.
Md. Code, Business Regulation § 8-505 — MD Code / Article gbr / Title 8 / Subtitle 5 / Section 8-505
§8–505.
Status: in_force

(a) In this section, “building code” includes a code that deals with mechanical, electrical, fire, plumbing, energy, heating, ventilation, or air conditioning matters.

(b) A county or municipal corporation shall notify the Commission of each contractor who fails to correct a violation of the applicable local or State building code within a reasonable time after the contractor receives notice of the violation.
Md. Code, Education § 8-103 — MD Code / Article ged / Title 8 / Subtitle 1 / Section 8-103
§8–103.
Status: in_force

The State Superintendent shall:

(1) Supervise and control each program of compensatory education provided in this State;

(2) Take any action necessary to coordinate these programs;

(3) Approve or disapprove, as may be appropriate, each county program application; and

(4) Provide technical and consultative assistance to the county boards.
Md. Code, Correctional Services § 8-412 — MD Code / Article gcs / Title 8 / Subtitle 4 / Section 8-412
§8–412.
Status: in_force

All courts, departments, agencies, officers, and employees of the State and its political subdivisions shall enforce the Agreement and cooperate with one another and other party states in enforcing the Agreement and effectuating its purpose.
Md. Code, Labor and Employment § 8-626.1 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-626.1
§8–626.
Status: in_force

§8–626.1.

(a) In this section, “date of employment” means the date on which an employee commences working for an employing unit.

(b) Except as provided in subsection (c) of this section, within 20 days of an employee’s beginning employment, the employee’s employing unit shall submit to the Secretary:

(1) the Social Security number of the employee;

(2) the name of the employee;

(3) the address of the employee;

(4) the date of employment;

(5) the employing unit’s name and address;

(6) the employee’s starting wage;

(7) whether the employee has health insurance provided by the employing unit;

(8) the federal employer identification number of the employing unit; and

(9) the State unemployment insurance account number of the employing unit.

(c) (1) The employing unit shall report the required information:

(i) by mail;

(ii) magnetically or electronically; or

(iii) by other means as determined by the Secretary.

(2) If an employing unit chooses to transmit data magnetically or electronically at a rate of twice per month, then the report must be submitted not less than 12 days or more than 16 days apart.

(3) (i) An employing unit that has employees in two or more states and that transmits reports magnetically or electronically may designate one state in which to transmit the report.

(ii) An employing unit that chooses to transmit the data to another state shall provide the Secretary with the name of the state receiving the report.

(d) (1) Any employing unit that fails to report as required:

(i) shall be given a written warning for the first violation; and

(ii) shall be subject to a civil penalty of $20 for each month in which a subsequent violation occurs, or $500 if the failure is the result of a conspiracy between the employer and the employee to not supply the required report or to supply a false or incomplete report, unless the Secretary waives the penalty for cause.

(2) All violations occurring in a single month to the same employing unit shall be considered a single violation.

(e) An assessment under this section is final unless, within 15 days after the mailing of the assessment, an employing unit applies to the Secretary for a hearing. The Secretary may forward the application to the Office of Administrative Hearings for adjudication.

(f) The Department of Human Services shall reimburse the Secretary for all costs incurred to carry out this section.
Md. Code, Courts and Judicial Proceedings § 8-309 — MD Code / Article gcj / Title 8 / Subtitle 3 / Section 8-309
§8–309.
Status: in_force

An individual who is not disqualified, excused, or exempted under Part I of this subtitle is a qualified juror.
Md. Code, Criminal Law § 8-402 — MD Code / Article gcr / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: in_force

(a) With intent to defraud, an officer or agent of a corporation may not sign, or in any manner assent to, a statement to or a publication for the public or the shareholders that contains false representations of the corporation’s assets, liabilities, or affairs, to:

(1) enhance or depress the market value of the corporation’s shares or obligations; or

(2) commit fraud in another manner.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not less than 6 months and not exceeding 3 years or a fine not less than $1,000 and not exceeding $10,000 or both.

(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Md. Code, Natural Resources § 8-1102 — MD Code / Article gnr / Title 8 / Subtitle 11 / Section 8-1102
§8–1102.
Status: in_force

(a) (1) Except as otherwise provided in paragraphs (2) through (4) of this subsection, for the purposes of maintaining the Atlantic Coast beaches of the State and the Beach Erosion Control District, the integrity and continuity of the dunal system and assuring adequate maintenance of the beaches, Beach Erosion Control District, and dunal system, to provide for shore erosion and sediment control and storm protection, and to minimize structural interference with the littoral drift of sand and any anchoring vegetation, any land clearing, construction activity, or the construction or placement of permanent structures within the Beach Erosion Control District is prohibited.

(2) This prohibition does not apply to any project or activity approved by the Department and the appropriate soil conservation district specifically for storm control; beach erosion and sediment control; maintenance projects designed to benefit the Beach Erosion Control District; and a planned public utility pipeline carrying treated sewage effluent from a unit not exceeding 14 million gallons per day, if, in addition to the approvals required by all other applicable federal and local laws and regulations, it is approved by the Board of Public Works as essential to the public health, safety, and welfare of the citizens of Worcester County, after having received the permission of the Secretaries of the Environment and Natural Resources, and the Secretary of Planning, including a guarantee that in any contract under this provision a person will not make any significant permanent environmental disruption to the area, and the construction area for the purpose of laying a single pipe with a diameter not exceeding 36 inches is limited to a single 100 foot wide area perpendicular eastward from the west crest of the natural dune line on Assateague Island and in Ocean City, and if the Secretaries of the Environment and Natural Resources and the Secretary of Planning find that there is no economically and environmentally feasible alternative, and that there is insufficient capacity at the existing Ocean City wastewater treatment facility and discharge pipe.

(3) (i) Subject to subparagraph (iii) of this paragraph, this prohibition does not apply to the construction and installation of a qualified submerged renewable energy line, as defined in § 7–208 of the Public Utilities Article, if the project does not result in any significant permanent environmental damage to the Beach Erosion Control District, as determined by the Department.

(ii) An application for a certificate of public convenience and necessity to construct a qualified submerged renewable energy line, as defined in § 7–208 of the Public Utilities Article, is subject to review by the Department and the Department of the Environment, as provided in § 3–306 of this article.

(iii) The Public Service Commission may not approve an application for a qualified submerged renewable energy line to be constructed or installed within the Assateague National Seashore Park or the Assateague State Park.

(4) (i) Subject to subparagraphs (ii) through (iv) of this paragraph, this prohibition does not apply to the repair, renovation, reconstruction, or expansion of an existing structure owned by the State or the Mayor and City Council of Ocean City if the project does not result in any significant permanent environmental damage to the Beach Erosion Control District, as determined by the Department.

(ii) A reconstruction or expansion project carried out under this paragraph shall:

1. Comply with siting and design criteria established under § 3–1009 of this article; and

2. Be approved by the Mayor and City Council of Ocean City.

(iii) Except as provided in subparagraph (iv) of this paragraph, a reconstruction or expansion project carried out under this paragraph may not:

1. Result in any increase in height above the existing structure; or

2. Extend beyond any existing duly recorded property or franchise boundary.

(iv) If no recorded property or franchise boundary exists for a reconstruction or expansion project carried out under this paragraph, the project:

1. May only bring the existing structure into compliance with:

A. The federal Americans with Disabilities Act; or

B. Town of Ocean City fire prevention standards; and

2. May not increase the above–grade footprint of the existing structure in a northerly or southerly direction.

(b) The Secretary of the Environment, the Secretary of Natural Resources, and the Secretary of Planning, with the approval of the Board of Public Works, shall jointly adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article for the purpose of implementing the provisions of this section.
Md. Code, State Personnel and Pensions § 8-108 — MD Code / Article gsp / Title 8 / Subtitle 1 / Section 8-108
§8–108.
Status: in_force

(a) This section applies only to the Executive Pay Plan.

(b) (1) An increase in a pay rate under this subsection shall be based on the employee’s performance.

(2) For or during a fiscal year, the head of a unit may recommend an increase in an employee’s pay rate above the rate for the previous fiscal year in the same grade in accordance with guidelines promulgated by the Secretary, provided that funds are available.

(c) (1) A pay increase under this subsection may be made to recruit or retain competent employees or to recognize increased duties and responsibilities.

(2) Subject to the approval of the Governor, the Secretary may approve:

(i) a change in pay grade;

(ii) a change from one class in a series to a different class in the same series;

(iii) a new class or position; or

(iv) another form of pay increase.
Md. Code, Insurance § 8-314 — MD Code / Article gin / Title 8 / Subtitle 3 / Section 8-314
§8–314.
Status: in_force

On request of the Commissioner, an administrator shall submit to the Commissioner a copy of any errors and omissions policy covering the administrator.
Md. Code, Criminal Procedure § 8-301.1 — MD Code / Article gcp / Title 8 / Subtitle 3 / Section 8-301.1
§8–301.
Status: in_force

§8–301.1.

(a) On a motion of the State, at any time after the entry of a probation before judgment or judgment of conviction in a criminal case, the court with jurisdiction over the case may vacate the probation before judgment or conviction on the ground that:

(1) (i) there is newly discovered evidence that:

1. could not have been discovered by due diligence in time to move for a new trial under Maryland Rule 4–331(c); and

2. creates a substantial or significant probability that the result would have been different; or

(ii) the State’s Attorney received new information after the entry of a probation before judgment or judgment of conviction that calls into question the integrity of the probation before judgment or conviction; and

(2) the interest of justice and fairness justifies vacating the probation before judgment or conviction.

(b) A motion filed under this section shall:

(1) be in writing;

(2) state in detail the grounds on which the motion is based;

(3) where applicable, describe the newly discovered evidence; and

(4) contain or be accompanied by a request for a hearing.

(c) (1) The State shall notify the defendant in writing of the filing of a motion under this section.

(2) The defendant may file a response to the motion within 30 days after receipt of the notice required under this subsection or within the period of time that the court orders.

(d) (1) Before a hearing on a motion filed under this section, the victim or victim’s representative shall be notified, as provided under § 11–104 or § 11–503 of this article.

(2) A victim or victim’s representative has the right to attend a hearing on a motion filed under this section, as provided under § 11–102 of this article.

(e) (1) Except as provided in paragraph (2) of this subsection, the court shall hold a hearing on a motion filed under this section if the motion satisfies the requirements of subsection (b) of this section.

(2) The court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted.

(f) (1) In ruling on a motion filed under this section, the court, as the court considers appropriate, may:

(i) vacate the conviction or probation before judgment and discharge the defendant; or

(ii) deny the motion.

(2) The court shall state the reasons for a ruling under this section on the record.

(g) The State in a proceeding under this section has the burden of proof.

(h) An appeal may be taken by either party from an order entered under this section.
Md. Code, Business Regulation § 8-406 — MD Code / Article gbr / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

To begin a proceeding to recover from the Fund, a claimant shall submit to the Commission a claim, under oath, that states:

(1) the amount claimed based on the actual loss;

(2) the facts giving rise to the claim;

(3) any other evidence that supports the claim; and

(4) any other information that the Commission requires.
Md. Code, Transportation § 8-101 — MD Code / Article gtr / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

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

(b) “Administration” means the State Highway Administration.

(c) “Administrator” means the State Highway Administrator.

(d) “Bicycle and pedestrian priority area” means a geographical area where the enhancement of bicycle or pedestrian traffic is a priority.

(e) “Commission” means the State Roads Commission.

(f) “Controlled access highway” means a major highway with the same characteristics as an expressway, except that the conflict of cross streams of traffic is not eliminated necessarily at each intersection by grade separation structures.

(g) “County road” means any public highway:

(1) The title to which or the easement for the use of which, is vested in a public body or governmental agency; and

(2) That is not a State highway or located in Baltimore City.

(h) “Expressway” means a major highway of two or more traffic lanes in each direction that is designed to eliminate principal traffic hazards and has the following characteristics:

(1) A median divider separating opposing traffic lanes to eliminate head-on collisions and sideswiping;

(2) Grade separation structures to eliminate the conflict of cross streams of traffic at each intersection;

(3) Points of entrance and exit limited to predetermined locations;

(4) Vertical curves long enough to provide long sight distances; and

(5) Shoulders wide enough to permit vehicles to stop or park out of traffic lanes.

(i) “Highway” includes:

(1) Rights-of-way, roadway surfaces, roadway subgrades, shoulders, median dividers, drainage facilities and structures, related stormwater management facilities and structures, roadway cuts, roadway fills, guardrails, bridges, highway grade separation structures, railroad grade separations, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, and other structures forming an integral part of a street, road, or highway, including bicycle and walking paths; and

(2) Any other property acquired for the construction, operation, or use of the highway.

(j) “Interstate highway” means a State highway that is part of the national interstate system in this State, as designated by the Administration and approved by the United States Secretary of Transportation under Title 23 of the United States Code.

(k) (1) “Maintenance” means the upkeep and repair by which a highway, building, equipment, and other property is kept in an ordinarily efficient operating condition.

(2) “Maintenance” does not include construction, reconstruction, or relocation.

(l) “Primary highway” means a State highway that has been designated a primary highway by the Administration with the approval of the Secretary.

(m) “Project” means the construction, reconstruction, or relocation of one or more sections or parts of the State highway system.

(n) (1) “Railroad grade separation” means any overpass or underpass that eliminates a railroad grade crossing.

(2) “Railroad grade separation” includes:

(i) The overpass and underpass structure and the approaches to them;

(ii) Any related entrance plazas, interchanges, connecting highways, and other structures; and

(iii) Any other property acquired for the construction, operation, or use of the railroad grade separation.

(o) “Road” means a highway.

(p) “Secondary highway” means a State highway that is neither a primary highway nor interstate highway.

(q) “State highway” means any public highway owned by this State.

(r) “State highway system” means the system of State-owned primary and secondary highways throughout this State.

(s) “Street” means a highway.
Md. Code, Natural Resources § 8-706 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-706
§8–706.
Status: in_force

The Department shall carry out the administrative duties concerning the waterways improvement districts. In addition, the Department shall:

(1) Review proposals and petitions to establish waterways improvement districts and report to the governing body on each proposed district as provided in § 8-705 of this subtitle;

(2) Provide engineering design for waterways projects and supervise or provide supervision for these projects;

(3) Clear debris, aquatic vegetation, and obstructions from waters of the State;

(4) Provide liaison with the United States Army Corps of Engineers on projects under § 107 of the Rivers and Harbors Act;

(5) Prepare requests for appropriation of funds necessary to pay the State’s share of the cost of projects;

(6) Administer the Waterway Improvement Fund to provide interest-free loans to any governing body for a waterway improvement project as provided in § 8-708(d) of this subtitle; and

(7) Administer the Waterway Improvement Fund to provide interest-free loans to a governing body for the benefit of a residential property owner, or group of residential property owners, with land abutting a channel adjacent to a main channel or harbor for dredging the adjacent channel as provided in § 8-708.1 of this subtitle.
Md. Code, Business Occupations and Professions § 8-206 — MD Code / Article gbo / Title 8 / Subtitle 2 / Section 8-206
§8–206.
Status: in_force

(a) In addition to the powers set forth elsewhere, the Board may adopt regulations to carry out this title.

(b) In addition to any duties set forth elsewhere, the Board shall:

(1) keep a record of its proceedings; and

(2) adopt, by regulation, a code of ethics for certified interior designers.
Md. Code, Public Utilities § 8-404 — MD Code / Article gpu / Title 8 / Subtitle 4 / Section 8-404
§8–404.
Status: in_force

Unless the telephone company or reseller complies with authorization and confirmation procedures adopted by the Commission and by federal law and regulation, a telephone company or reseller may not, on behalf of a customer:

(1) change, or direct another telephone company or reseller to change, the customer’s telephone company or reseller;

(2) select a telecommunications service option for which the telephone company or reseller imposes a charge; or

(3) change the person who bills the customer or the customer’s billing arrangement.
Md. Code, State Government § 8-404 — MD Code / Article gsg / Title 8 / Subtitle 4 / Section 8-404
§8–404.
Status: in_force

(a) When directed by the Legislative Policy Committee, the Joint Audit and Evaluation Committee, the Executive Director, the Director of the Office of Policy Analysis, or the Director of the Office of Program Evaluation and Government Accountability, the Office shall conduct an evaluation of a governmental activity or unit and the statutes related to the governmental activity or unit.

(b) The Office, in consultation with the committees of jurisdiction, shall develop a work plan for an evaluation conducted under subsection (a) of this section.

(c) The evaluation report for an evaluation conducted under subsection (a) of this section:

(1) shall be consistent with the work plan developed under subsection (b) of this section; and

(2) may address the governmental activity’s or unit’s:

(i) efficiency;

(ii) effectiveness;

(iii) role in protecting consumers;

(iv) sufficiency of resources; and

(v) accomplishment of legislative objectives.

(d) On completion, the Department shall submit each evaluation report, including draft legislation to implement any recommended statutory changes, to the committees of jurisdiction.
Md. Code, Human Services § 8-202 — MD Code / Article ghu / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

The purpose of the Advisory Council is to make recommendations to the Children’s Cabinet on:

(1) methods for meeting the policy and program goals of the State for integrated children and family programs;

(2) coordinating State programs with programs operated by local governments, local management boards, and private groups;

(3) building capacity to serve youths in their communities and at home;

(4) reducing reliance on institutions as the primary mode of intervention for at-risk youth offenders;

(5) promoting positive outcomes for youths;

(6) funding practices that prevent juvenile crimes and delinquency; and

(7) reducing disproportionate minority confinement.
Md. Code, Election Law § 8-701 — MD Code / Article gel / Title 8 / Subtitle 7 / Section 8-701
§8–701.
Status: in_force

(a) (1) The population count used after each decennial census for the purpose of creating the congressional districting plan used to elect the State’s Representatives in Congress:

(i) may not include individuals who:

1. were incarcerated in State or federal correctional facilities, as determined by the decennial census; and

2. were not residents of the State before their incarceration; and

(ii) shall count individuals incarcerated in the State or federal correctional facilities, as determined by the decennial census, at their last known residence before incarceration if the individuals were residents of the State.

(2) Beginning with the 2020 decennial census:

(i) on or before October 31 in the year of each decennial census, the Department of Public Safety and Correctional Services shall submit to the Maryland Department of Planning and the Department of Legislative Services the following identifiable information, in electronic form, for each individual incarcerated in a State correctional facility on April 1 in the year of the decennial census:

1. the name of the individual;

2. the address of the individual’s last known residence;

3. the individual’s race or ethnicity; and

4. any other information necessary to fulfill the purposes of this section; and

(ii) on or before August 1 in the year of each decennial census, the Maryland Department of Planning and the Department of Legislative Services shall enter into a memorandum of understanding, the terms of which shall require the Department of Planning and the Department of Legislative Services to work collaboratively to:

1. summarize the results of the geocoded data created by the Department of Planning as required under COMAR 35.05.01;

2. using the geocoded data, identify the individuals incarcerated in a State correctional facility or federal correctional facility in the State that will be included in the adjusted census data under this section;

3. make any necessary changes to the Department of Planning’s geocoded database;

4. jointly review for accuracy any changes to the census data by any software vendor or other entity; and

5. jointly certify, on or before March 15 in the year following each decennial census, the adjusted census data to be used for redistricting under this section.

(b) The State is divided into eight districts for the election of the State’s Representatives in Congress.

(c) (1) The descriptions of congressional districts in this subtitle include the references indicated.

(2) (i) The references to:

1. election districts and wards are to the geographical boundaries of the election districts and wards as they existed on April 1, 2020; and

2. precincts are to the geographical boundaries of the precincts as reviewed and certified by the local boards or their designees, before they were reported to the U.S. Bureau of the Census as part of the 2020 census redistricting data program and as those precinct lines are specifically indicated in the P.L. 94–171 data or shown on the P.L. 94–171 census block maps provided by the U.S. Bureau of the Census and as reviewed and corrected by the Maryland Department of Planning.

(ii) Where precincts are split between congressional districts, census tract and block numbers, as indicated in P.L. 94–171 data or shown on the P.L. 94–171 census block maps provided by the U.S. Bureau of the Census and referred to in this subtitle, are used to define the boundaries of congressional districts.
Md. Code, Corporations and Associations § 8-102 — MD Code / Article gca / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

A real estate investment trust:

(1) Is a permitted form of unincorporated business trust or association;

(2) Is a separate legal entity; and

(3) May conduct business in the State in accordance with this title.
Md. Code, Commercial Law § 8-113 — MD Code / Article gcl / Title 8 / Subtitle 1 / Section 8-113
§8–113.
Status: in_force

A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within 1 year of its making.
Md. Code, Transportation § 8-609.2 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-609.2
§8–609.
Status: in_force

§8–609.2.

A bridge may not be built on a navigable river unless authorized by the Administration.
Md. Code, Business Regulation § 8-305 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-305
§8–305.
Status: in_force

(a) Within 30 days after the first meeting of the Commission after submission of a completed application, the Commission shall notify an applicant in writing:

(1) whether the application for a license is approved or denied; and

(2) of the reasons for denial, if the application is denied.

(b) (1) If the application is denied, the applicant, within 10 days after the notice of denial is mailed, may request a hearing.

(2) The hearing shall be held in accordance with § 8-312 of this subtitle within 30 days after the date that the Commission receives the request.

(3) The Commission shall make a decision within a reasonable time, but not later than 60 days after the hearing.
Md. Code, Tax - General § 8-216 — MD Code / Article gtg / Title 8 / Subtitle 2 / Section 8-216
§8–216.
Status: in_force

A financial institution may claim a credit against the financial institution franchise tax for:

(1) wages paid to a qualified employee with a disability; and

(2) (i) child care provided or paid for by a business entity for the children of a qualified employee with a disability as provided under § 21–309 of the Education Article; or

(ii) transportation provided or paid for by the business entity for a qualified employee with a disability as provided under § 21–309 of the Education Article.
Md. Code, Agriculture § 8-705 — MD Code / Article gag / Title 8 / Subtitle 7 / Section 8-705
§8–705.
Status: in_force

(a) Failure by a person to establish, install, construct, or maintain a best management practice in accordance with the agreement required to be executed with the Department under § 8-704 of this subtitle shall render the person liable for an amount, to be determined by the Department, of State cost sharing funds paid for practices that are not implemented or maintained. However, a person may not be found liable for inadequate maintenance or destruction of a best management practice if it were caused by an act of nature that could not reasonably be anticipated by the person.

(b) The Attorney General, at the request of the Secretary of Agriculture may institute appropriate legal action to enforce the terms and conditions of all cost sharing agreements executed under this subtitle.
Md. Code, Transportation § 8-708 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-708
§8–708.
Status: in_force

A person may not engage in the business generally known as outdoor advertising for profit gained from rentals or other compensation received for the erection, use, or maintenance on real property of any outdoor sign, unless the person is licensed by the Administration under this part.
Md. Code, Human Services § 8-601 — MD Code / Article ghu / Title 8 / Subtitle 6 / Section 8-601
§8–601.
Status: in_force

In this subtitle, “at-risk youth prevention and diversion program” means services provided to school-aged youth and their families to prevent or divert youth from entering the juvenile justice system and to help make them ready for adulthood by age 21.
Md. Code, Real Property § 8-309 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-309
§8–309.
Status: in_force

(a) In making levy under an action of distress, no forcible entry may be made into leased premises occupied and used as a dwelling without a court order. If the levying officer cannot gain entry, the plaintiff may file a verified petition with the court for an order directing forcible entry into the leased premises.

(b) Forcible entry may be made for the purpose of levy into any property or building other than those specified in subsection (a) of this section.

(c) Levy under an action of distress may be made at any hour of the day or night.
Md. Code, Election Law § 8-402 — MD Code / Article gel / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: in_force

If the State Administrator determines that a conflict exists between a county charter or other county law relating to the conduct of a special election and the provisions of this article or the Code of Maryland Regulations, the State Administrator shall conduct the special election entirely in accordance with this article and the Code of Maryland Regulations.
Md. Code, Correctional Services § 8-609 — MD Code / Article gcs / Title 8 / Subtitle 6 / Section 8-609
§8–609.
Status: in_force

This Compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the Compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until 1 year after the notices provided in the statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such incarcerated individuals as it may have confined pursuant to the provisions of this Compact.
Md. Code, State Finance and Procurement § 8-139 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-139
§8–139.
Status: in_force

The Board shall give the President of the Senate and the Speaker of the House of Delegates at least 10 days’ prior notice of a loan under this Part V of this subtitle.