Md. Code, Corporations and Associations § 2-311 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-311
§2–311.
Status: reserved

(a) (1) No distribution may be made if, after giving effect to the distribution:

(i) The corporation would not be able to pay indebtedness of the corporation as the indebtedness becomes due in the usual course of business; or

(ii) Except as provided in paragraph (2) of this subsection, the corporation’s total assets would be less than the sum of the corporation’s total liabilities plus, unless the charter permits otherwise, the amount that would be needed, if the corporation were to be dissolved at the time of the distribution, to satisfy the preferential rights upon dissolution of stockholders whose preferential rights on dissolution are superior to those receiving the distribution.

(2) A corporation may make a distribution from:

(i) The net earnings of the corporation for the fiscal year in which the distribution is made;

(ii) The net earnings of the corporation for the preceding fiscal year; or

(iii) The sum of the net earnings of the corporation for the preceding eight fiscal quarters.

(b) The board of directors may base a determination that a distribution is not prohibited under subsection (a) of this section either on:

(1) Financial statements prepared on the basis of accounting practices and principles that are reasonable in the circumstances; or

(2) A fair valuation or other method that is reasonable in the circumstances.

(c) Except as provided in subsection (e) of this section, the effect of a distribution under subsection (a) of this section is measured:

(1) In the case of distribution by purchase, redemption, or other acquisition of the corporation’s shares, as of the earlier of:

(i) The date money or other property is transferred or the indebtedness is incurred by the corporation; or

(ii) The date the stockholder ceases to be a stockholder with respect to the acquired shares;

(2) In the case of any other distribution of indebtedness, as of the date the indebtedness is distributed; and

(3) In all other cases, as of:

(i) The date the distribution is authorized if the payment occurs within 120 days after the date of authorization; or

(ii) The date the payment is made if it occurs more than 120 days after the date of authorization.

(d) A corporation’s indebtedness to a stockholder, incurred by reason of a distribution made in accordance with this section, is at parity with the corporation’s indebtedness to the corporation’s general, unsecured creditors, except to the extent subordinated by agreement.

(e) (1) If terms of the indebtedness provide that payment of principal and interest is to be made only if and to the extent that payment of a distribution to stockholders could then be made under this section, indebtedness of a corporation, including indebtedness issued as a distribution, is not a liability for purposes of determinations made under subsection (a) of this section.

(2) If the indebtedness referred to in paragraph (1) of this subsection is issued as a distribution, each payment of principal or interest on the indebtedness is treated as a distribution, the effect of which is measured on the date the payment is actually made.
Md. Code, Commercial Law § 2A-516 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-516
§2A–516.
Status: in_force

(1) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.

(2) A lessee’s acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, other than a consumer lease in which the supplier assisted in the preparation of the lease contract or participated in negotiating the terms of the lease contract with the lessor, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this title or the lease agreement for nonconformity.

(3) If a tender has been accepted:

(a) Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified;

(b) Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (§ 2A-211) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and

(c) The burden is on the lessee to establish any default.

(4) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over, the following apply:

(a) The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two litigations, then, unless the person notified after seasonable receipt of the notice does come in and defend, that person is so bound.

(b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (§ 2A-211) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control, the lessee is so barred.

(5) Subsections (3) and (4) apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (§ 2A-211).

(6) Subsection (3) shall not apply to a consumer lease.
Md. Code, Health - General § 2-802 — MD Code / Article ghg / Title 2 / Subtitle 8 / Section 2-802
§2–802.
Status: in_force

(a) A manufacturer or wholesale distributor may not engage in price gouging in the sale of an essential off–patent or generic drug.

(b) It is not a violation of subsection (a) of this section for a wholesale distributor to increase the price of an essential off–patent or generic drug if the price increase is directly attributable to additional costs for the drug imposed on the wholesale distributor by the manufacturer of the drug.
Md. Code, State Finance and Procurement § 2-302 — MD Code / Article gsf / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

This subtitle shall be construed to effectuate its general purpose to make uniform the law of those states that enact it.
Md. Code, State Government § 2-1240 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1240
§2–1240.
Status: in_force

(a) Except as otherwise provided in this title, confidential information that an employee or authorized representative of the Office or the Office of Policy Analysis obtains during a performance evaluation:

(1) remains confidential; and

(2) may not be disclosed except to another employee or authorized representative of the Office or the Office of Policy Analysis.

(b) Information obtained during a performance evaluation may be provided in a format that protects the confidentiality of individuals as necessary.

(c) The Director may authorize the disclosure of confidential information obtained during a performance evaluation only to the following:

(1) another employee of the Department, with the approval of the Executive Director;

(2) federal, State, or local officials, or their auditors, who provide evidence to the Director that they are performing investigations, studies, or audits related to that same examination and who provide justification for the specific information requested; or

(3) the Joint Audit and Evaluation Committee, if necessary to assist the Committee in reviewing a report issued by the Office.

(d) Except as provided in § 2–1239 of this subtitle, if information that an employee or authorized representative obtains during a performance evaluation also is confidential under another law, the employee, authorized representative, or the Director may not include in a report or otherwise use the information in any manner that discloses the identity of any person who is the subject of the confidential information.
Md. Code, Agriculture § 2-306 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-306
§2–306.
Status: in_force

(a) (1) The Board has the exclusive power to establish and alter the standards of preliminary and professional education and training requirements of applicants for the examination for a license.

(2) The Board may establish an annual continuing education requirement of at least 12 hours as a condition to any license renewal.

(b) The Board may investigate and determine the acceptability of and approve or disapprove any college or institution for the education and training of students desiring to practice veterinary medicine. It may cancel or revoke approval if the college or institution no longer is deemed satisfactory. However, the approval of the American Veterinary Medical Association of a college or institution is sufficient to qualify the college or institution. Any veterinarian desiring to be licensed to practice veterinary medicine shall have completed the course of study prescribed by an approved college or institution.
Md. Code, Transportation § 2-401 — MD Code / Article gtr / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

In addition to any other power and duty conferred on the Governor by the Constitution and laws of this State, the Governor may:

(1) Contract and do all other things necessary on behalf of this State to secure the full benefits available to it under the federal Highway Safety Act of 1966 and acts amendatory or supplemental to it; and

(2) In so doing, cooperate with local, State, and federal agencies, interested private and public organizations, and individuals to effectuate the purposes of these acts.
Md. Code, Courts and Judicial Proceedings § 2-606 — MD Code / Article gcj / Title 2 / Subtitle 6 / Section 2-606
§2–606.
Status: in_force

A constable shall obey and execute all process directed to him from any judge of the District Court of Maryland concerning any matter within the court’s jurisdiction and shall return the process according to its command. He shall serve and levy all executions issued by a judge of the District Court, and in so doing has the same powers, responsibilities and liabilities as a sheriff or deputy sheriff acting in the same capacity if the constable has satisfactorily completed a training program from a police training school approved by the Maryland Police Training and Standards Commission.
Md. Code, Human Services § 2-209 — MD Code / Article ghu / Title 2 / Subtitle 2 / Section 2-209
§2–209.
Status: in_force

(a) The Secretary shall adopt regulations for the office of the Secretary.

(b) (1) The Secretary shall review regulations proposed by a unit in the Department.

(2) The Secretary may approve, disapprove, or revise regulations proposed by a unit in the Department.
Md. Code, Environment § 2-303.2 — MD Code / Article gen / Title 2 / Subtitle 3 / Section 2-303.2
§2–303.
Status: in_force

§2–303.2.

In any program implementing the reduction of vehicle miles traveled as a part of the State’s compliance with the federal Clean Air Act the Department shall include provisions to allow, both within Maryland and among Maryland and adjoining states:

(1) The averaging of reductions in vehicle miles traveled between different worksites of the same employer;

(2) The averaging of reductions in vehicle miles traveled between worksites of different employers;

(3) The sale between worksites and employers of credits for reduced vehicle miles traveled; and

(4) The greatest degree of flexibility in implementation, giving full consideration to the geographic differences among affected areas, in order to promote the economic and environmental interests of the areas affected.
Md. Code, Agriculture § 2-1704 — MD Code / Article gag / Title 2 / Subtitle 17 / Section 2-1704
§2–1704.
Status: in_force

(a) On or before January 1, 2017, an animal shelter shall establish and make available to the public on the animal shelter’s Web site or in a conspicuous location within the animal shelter’s facility:

(1) A written protocol for reclaiming animals from the animal shelter that includes:

(i) The minimum holding period for stray animals;

(ii) The hours of operation during which an animal may be reclaimed by the animal’s owner or caregiver;

(iii) The fees associated with reclaiming an animal; and

(iv) Any identification or documentation that must be provided to the animal shelter before an animal may be reclaimed; and

(2) An annual summary of intake and disposition data reported to the Department in accordance with § 2–1602 of this title.

(b) An animal shelter shall follow its written protocol for reclaiming animals.
Md. Code, Public Utilities § 2-106 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

(a) The Commission shall appoint a General Counsel.

(b) The General Counsel shall have been admitted to practice law in the State.

(c) The General Counsel serves at the pleasure of the Commission.

(d) As the Commission directs, the General Counsel shall:

(1) represent the Commission in a proceeding if the Commission is a party to or desires to intervene in the proceeding, if the proceeding involves a question under this division, or if the proceeding involves an act or order of the Commission;

(2) advise the Commission, on request, on any legal question that requires interpretation of a provision of law about the jurisdiction, rights, duties, or powers of the Commission; and

(3) act as attorney to the Commission as the Commission reasonably requires.

(e) The Commission may substitute any other agent for the General Counsel.
Md. Code, Tax - General § 2-302 — MD Code / Article gtg / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

The Comptroller shall pay refunds relating to the alcoholic beverage tax from the General Fund.
Md. Code, Environment § 2-1201 — MD Code / Article gen / Title 2 / Subtitle 12 / Section 2-1201
§2–1201.
Status: in_force

The General Assembly finds that:

(1) Greenhouse gases are air pollutants that threaten to endanger the public health and welfare of the people of Maryland;

(2) Global warming poses a serious threat to the State’s future health, well–being, and prosperity;

(3) With 3,100 miles of tidally influenced shoreline, Maryland is vulnerable to the threat posed by global warming and susceptible to rising sea levels and flooding, which would have detrimental and costly effects;

(4) The State has the ingenuity to reduce the threat of global warming and make greenhouse gas reductions a part of the State’s future by achieving a 25% reduction in greenhouse gas emissions from 2006 levels by 2020 and by preparing a plan to meet a longer–term goal of achieving net–zero statewide greenhouse gas emissions by 2045 in a manner that promotes new “green” jobs, and protects existing jobs and the State’s economic well–being;

(5) Studies have shown that energy efficiency programs and technological initiatives consistent with the goal of reducing greenhouse gas emissions can result in a net economic benefit to the State;

(6) In addition to achieving the reduction established under this subtitle, it is in the best interest of the State to act early and aggressively to achieve the Maryland Commission on Climate Change’s recommended goals of reducing greenhouse gas emissions by 10% from 2006 levels by 2012 and by 15% from 2006 levels by 2015;

(7) While reductions of harmful greenhouse gas emissions are one part of the solution, the State should focus on developing and utilizing clean energies that provide greater energy efficiency and conservation, such as renewable energy from wind, solar, geothermal, and bioenergy sources;

(8) It is necessary to protect the public health, economic well–being, and natural treasures of the State by reducing harmful air pollutants such as greenhouse gas emissions by using practical solutions that are already at the State’s disposal;

(9) Cap and trade regulation of greenhouse gas emissions is most effective when implemented on a federal level;

(10) Because of the need to remain competitive with manufacturers located in other states or countries and to preserve existing manufacturing jobs in the State, greenhouse gas emissions from the manufacturing sector are most effectively regulated on a national and international level; and

(11) Because of the need to remain competitive with other states, greenhouse gas emissions from certain other commercial and service sectors, including freight carriers and generators of electricity, are most effectively regulated on a national level.
Md. Code, Agriculture § 2-205 — MD Code / Article gag / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

The Commission shall submit its recommendations in writing, to the Secretary who shall notify the Commission of the action he takes on the recommendations.
Md. Code, State Government § 2-710 — MD Code / Article gsg / Title 2 / Subtitle 7 / Section 2-710
§2–710.
Status: in_force

(a) In this section, “Board” means the Citizens’ Advisory Board for Legislative Ethics established under subsection (b) of this section.

(b) (1) There is a Citizens’ Advisory Board for Legislative Ethics.

(2) The Board consists of the following members:

(i) a member of the public who shall serve as the chair, appointed jointly by the President of the Senate and the Speaker of the House;

(ii) two members of the public, appointed by the President of the Senate; and

(iii) two members of the public, appointed by the Speaker of the House.

(3) (i) A member of the Board:

1. shall be a resident of the State;

2. may not be a State or local elected official; and

3. may not be a regulated lobbyist.

(ii) No more than two members of the Board at any one time may be former members of the General Assembly.

(iii) The members of the Board shall be chosen so that each political party is represented in approximately the same proportion as the party is represented in the General Assembly.

(iv) In appointing members of the Board, the presiding officers shall seek individuals with a knowledge of or background in public ethics.

(4) (i) The term of a member of the Board is 2 years and begins on January 1 of each even–numbered year.

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

(iii) 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.

(5) With the consent of the Legislative Policy Committee, the President and Speaker may remove a member for incompetence or misconduct.

(c) The Board shall regularly offer recommendations to the Committee and the presiding officers regarding changes to the Public Ethics Law, the policies and procedures of the Committee, and public advisory opinions of the Committee.
Md. Code, State Personnel and Pensions § 2-507 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-507
§2–507.
Status: in_force

(a) Subject to the regulations adopted under § 2–503 of this subtitle, a State employee may enroll and participate in any of the health insurance or other benefit options established under the Program.

(b) The surviving spouse of a State employee who died while employed by the State may enroll and participate in the health insurance benefit options established under the Program as long as the surviving spouse:

(1) is receiving an allowance under Title 29, Subtitle 2 of this article; or

(2) is the sole primary designated beneficiary and receiving a periodic distribution of benefits under an optional retirement program under Title 30 of this article.

(c) The surviving child or dependent parent of a State Police officer who died while employed by the State may enroll and participate in the health insurance benefit options established under the Program as long as the child or parent is receiving an allowance under Title 29, Subtitle 2 of this article.

(d) The surviving child or dependent parent of a correctional officer who at the time of death was a member of the Correctional Officers’ Retirement System and who died while employed by the State may enroll and participate in the health insurance benefit options established under the Program as long as the child or parent is receiving an allowance under Title 29, Subtitle 2 of this article.

(e) The surviving child or dependent parent of a State employee who at the time of death was a member of the Employees’ Retirement System, Employees’ Pension System, Teachers’ Retirement System, or Teachers’ Pension System and who was killed or died while employed by the State may enroll and participate in the health insurance benefit options established under the Program as long as the child or parent is receiving an allowance under Title 29, Subtitle 2 of this article.

(f) The surviving child or dependent parent of an individual who at the time of death was a member of the Judges’ Retirement System and who died while employed by the State may enroll and participate in the health insurance benefit options established under the Program as long as the child or parent is receiving an allowance under Title 29, Subtitle 2 of this article.

(g) (1) This subsection applies to an individual receiving an allowance under § 29–203(b), § 29–204(b), § 29–204.1, § 29–204.2, or § 29–204.3 of this article.

(2) An individual described under paragraph (1) of this subsection who elects to participate in the health insurance benefit options established under the Program shall be entitled to the maximum allowable State subsidy provided for a State retiree.
Md. Code, Tax - General § 2-4A-02 — MD Code / Article gtg / Title 2 / Subtitle 4A / Section 2-4A-02
§2–4A–02.
Status: in_force

After making the distribution required under § 2–4A–01 of this subtitle, the Comptroller shall distribute the remaining digital advertising gross revenues tax revenue to the Blueprint for Maryland’s Future Fund established under § 5–219 of the Education Article.
Md. Code, Transportation § 2-604 — MD Code / Article gtr / Title 2 / Subtitle 6 / Section 2-604
§2–604.
Status: in_force

(a) The Director shall develop and coordinate policies and plans for the provision, preservation, improvement, and expansion of access to transportation facilities in the State for pedestrians and bicycle riders, including development of a Statewide 20–Year Bicycle–Pedestrian Master Plan that:

(1) (i) Identifies short–term and long–range goals that are consistent with the purposes of this subtitle; and

(ii) For each identified goal, includes:

1. Reasonable cost estimates for achieving the goal; and

2. For purposes of the annual report required under § 3–216 of this article, objective performance criteria against which progress in achieving the goal can be measured;

(2) Complies with applicable federal funding requirements;

(3) Provides a model to guide political subdivisions of the State in enhancing bicycle and pedestrian access to transportation facilities;

(4) Proposes long–term strategies for improving the State’s highways to ensure compliance with the most advanced safety standards for pedestrians and bicycle riders; and

(5) After consultation with political subdivisions in the State, identifies bicycle–pedestrian priority areas to facilitate the targeting of available funds to those areas of the State most in need.

(b) The Statewide 20–Year Bicycle–Pedestrian Master Plan shall be reviewed and updated each year that the Maryland Transportation Plan, as described in § 2–103.1 of this title, is revised.

(c) To carry out the purposes of this subtitle, the Director shall:

(1) Participate in the planning of new transportation facilities and improvements to existing transportation facilities;

(2) Advise the Secretary on matters concerning bicycle and pedestrian access and any other matter as requested by the Secretary;

(3) Initiate a program of systematic identification of and planning for projects related to bicycle and pedestrian transportation that qualify for funds under Federal Highway Administration guidelines;

(4) Monitor State transportation plans, proposals, facilities, and services to ensure maximum benefits for pedestrians and bicycle riders in the State; and

(5) Consult regularly with the Bicycle and Pedestrian Advisory Committee established under § 2–606 of this subtitle.

(d) The exercise of the powers and duties of the Director is subject to the authority of the Secretary.
Md. Code, Housing and Community Development § 2-301 — MD Code / Article ghs / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

On or before December 1, 2019, and each December 1 thereafter, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on:

(1) with respect to financial assistance provided under Title 4, Subtitle 2 of this article:

(i) the number of projects that qualified as business projects under § 4–223 of this article;

(ii) the location of each business project, including whether the business project is located:

1. in an area designated as a priority funding area under § 5–7B–02 of the State Finance and Procurement Article; or

2. only in a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code; and

(iii) the amount of grants or loans provided for the development of each business project;

(2) with respect to the Strategic Demolition and Smart Growth Impact Fund established under § 4–508 of this article:

(i) the number and amount of grants and loans provided to government agencies and community development organizations during the immediately preceding fiscal year; and

(ii) the location of each revitalization project for which a grant or loan was provided, including whether the revitalization project is located:

1. in an area designated as a Sustainable Community; or

2. only in a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code;

(3) with respect to the Community Legacy Program established under Title 6, Subtitle 2 of this article:

(i) the location of each community legacy project, including whether the community legacy project is located:

1. in a sustainable community; or

2. only in an eligible opportunity zone; and

(ii) the amount of financial assistance provided for each community legacy project; and

(4) with respect to the Business Development Program established under Title 6, Subtitle 3 of this article:

(i) the names of approved entities awarded financial assistance under that program;

(ii) the location of the approved entity’s operation, including whether the approved entity’s operation is located:

1. in a priority funding area; or

2. only in an eligible opportunity zone; and

(iii) the amount of each financial assistance award.
Md. Code, Commercial Law § 2A-104 — MD Code / Article gcl / Title 2A / Subtitle 1 / Section 2A-104
§2A–104.
Status: in_force

(1) Except as provided in subsection (4) of this section, a lease, although subject to this title, is also subject to any applicable:

(a) Statute of the United States;

(b) Certificate of title statute of this State;

(c) Certificate of title statute of another jurisdiction (§ 2A-105); or

(d) Consumer protection statute of this State.

(2) In case of conflict between the provisions of this title, other than §§ 2A-105, 2A-304(3), and 2A-305(3), and any statute referred to in subsection (1), the provisions of that statute control.

(3) Failure to comply with any applicable statute has only the effect specified therein.

(4) This title does not apply to consumer motor vehicle leasing contracts subject to Title 14, Subtitle 20 of this article or leases for consumer goods subject to Title 12, Subtitle 6 of this article.
Md. Code, Public Safety § 2-508 — MD Code / Article gps / Title 2 / Subtitle 5 / Section 2-508
§2–508.
Status: in_force

(a) (1) On written or electronic request after verification by the Director that a match has been made in the population database, the typing results and personal identification information of the DNA profile of an individual in the statewide DNA database system may be made available to:

(i) federal, State, or local law enforcement agencies;

(ii) crime laboratories that have been approved by the Director and that serve federal, State, and local law enforcement agencies;

(iii) a State’s Attorney’s office or other prosecutorial office; and

(iv) a person participating in a judicial proceeding in which the database information may be offered as evidence.

(2) A request for DNA information under paragraph (1) of this subsection must be in furtherance of a purpose set forth in § 2–505 of this subtitle.

(b) (1) The typing results and personal identification information of the DNA profile of an individual in the statewide DNA database system shall be made available to a defendant or defendant’s counsel on written order of the court in which the case is pending.

(2) A search of the database to determine the existence of a match to DNA obtained from crime scene evidence taken in relation to the crime for which a defendant is charged shall be conducted if:

(i) the defendant requests the search; and

(ii) a court issues a written order for the search.

(3) This subtitle does not limit a court from ordering discovery of a DNA record or other related material in a criminal case.

(4) The Director shall maintain a file of all orders issued under this subsection.
Md. Code, Health Occupations § 2-302.3 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-302.3
§2–302.
Status: in_force

§2–302.3.

(a) To qualify for a license to assist in the practice of speech–language pathology, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall:

(1) Be of good moral character;

(2) Hold a baccalaureate degree in speech–language pathology or communication sciences and disorders from an accredited institution or other degree as provided for in regulations adopted by the Board;

(3) Have successfully completed the clinical observation hours and supervised clinical assisting experience hours required by the regulations adopted by the Board;

(4) After a period of supervised practice by a licensed speech–language pathologist, have successfully completed a competency skills checklist as provided for in regulations adopted by the Board;

(5) Demonstrate oral competency; and

(6) Submit to a criminal history records check in accordance with § 2–303.1 of this subtitle.

(c) The Board may waive any of the qualifications required under this section as provided for in regulations adopted by the Board.
Md. Code, Business Occupations and Professions § 2-404 — MD Code / Article gbo / Title 2 / Subtitle 4 / Section 2-404
§2–404.
Status: in_force

(a) An applicant for a permit shall:

(1) submit to the Board an application on the form that the Board provides; and

(2) pay to the Board a nonrefundable application fee set by the Board.

(b) In addition to any other information required on an application form, the form shall require:

(1) for a partnership applicant, a list of each partner who practices or who intends to practice certified public accountancy in the State;

(2) for a limited liability company, a list of each member who practices or who intends to practice certified public accountancy in the State; and

(3) for a corporate applicant, a list of all of the shareholders of the corporation.
Md. Code, Agriculture § 2-714 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-714
§2–714.
Status: reserved

(a) A license issued under this subtitle is the property of the State and only is loaned to a licensee.

(b) Each licensee shall display the license conspicuously on the premises where a horse establishment is operated by the licensee.

(c) A license issued under this subtitle may not be assigned or transferred.
Md. Code, State Government § 2-1230 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1230
§2–1230.
Status: in_force

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

(b) “Committees of jurisdiction” means the committees of the General Assembly that routinely handle the policy issues and legislation related to a specific governmental activity or unit subject to review under this part.

(c) “Director” means the Director of the Office.

(d) “Office” means the Office of Program Evaluation and Government Accountability.

(e) “Performance evaluation” means the review of a governmental activity or unit used to determine:

(1) whether the governmental activity or unit, if subject to termination, should be reestablished or terminated; and

(2) what, if any, statutory or nonstatutory changes should be recommended to the General Assembly to improve the operations and efficiency of the governmental activity or unit.

(f) (1) “Unit” includes each State department, agency, unit, and program, including each clerk of the court, each register of wills, and each local school system.

(2) “Unit” does not include a department, an agency, or a unit in the Legislative Branch of State government.
Md. Code, Correctional Services § 2-108 — MD Code / Article gcs / Title 2 / Subtitle 1 / Section 2-108
§2–108.
Status: in_force

(a) The appointment or removal of personnel by a unit or appointing officer in the Department is subject to the approval of the Secretary.

(b) The Secretary may delegate the power of approval established under subsection (a) of this section to the head or governing body of the unit.
Md. Code, Business Occupations and Professions § 2-604 — MD Code / Article gbo / Title 2 / Subtitle 6 / Section 2-604
§2–604.
Status: in_force

(a) Subject to subsection (b) of this section and unless a person holds a permit issued by the Board or is otherwise authorized under this title to practice certified public accountancy, the person may not represent to the public, by use of a title, including “licensed certified public accountants”, “certified public accountants”, “public accountants”, or “auditors”, by use of the abbreviation “CPA”, by description of services, methods, or procedures, or otherwise, that the person holds a permit or otherwise is authorized to operate a business through which certified public accountancy is practiced in the State.

(b) Subsection (a) of this section does not apply to a licensed certified public accountant or an individual practicing under a practice privilege under § 2–321 of this title who operates the business as a sole practitioner.
Md. Code, Financial Institutions § 2-118 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-118
§2–118.
Status: in_force

(a) In this section, “Fund” means the Banking Institution and Credit Union Regulation Fund established under this section.

(b) There is a Banking Institution and Credit Union Regulation Fund that consists of:

(1) All revenue received for the chartering and regulation of persons who engage in the business of a banking institution or credit union under this article; and

(2) Any other fee, assessment, or revenue received by the Commissioner from banking institutions and credit unions under this article.

(c) Notwithstanding subsection (b) of this section, the Commissioner shall pay all fines and penalties collected by the Commissioner from banking institutions and credit unions under this article into the General Fund of the State.

(d) The purpose of the Fund is to pay all the costs and expenses incurred by the Commissioner that are related to the regulation of banking institutions and credit unions under this article, including:

(1) Expenditures authorized under this article;

(2) Investments authorized under § 2–118.1 of this subtitle; and

(3) Any other expense authorized in the State budget.

(e) (1) All the costs and expenses of the Commissioner relating to the regulation of banking institutions and credit unions under this article shall be included in the State budget.

(2) Any expenditures from the Fund to cover costs and expenses of the Commissioner may be made only:

(i) By an appropriation from the Fund approved by the General Assembly in the annual State budget; or

(ii) By the budget amendment procedure provided for in § 7–209 of the State Finance and Procurement Article.

(3) If, in any given fiscal year, the amount of the revenue collected by the Commissioner and deposited into the Fund exceeds the actual appropriation for the Commissioner to regulate banking institutions and credit unions under this article, the excess amount shall be carried forward within the Fund.

(f) (1) The State Treasurer is the custodian of the Fund.

(2) The State Treasurer shall deposit payments received from the Commissioner into the Fund.

(g) (1) The Fund is a continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article, and may not be deemed a part of the General Fund of the State.

(2) Unless otherwise provided by law, no part of the Fund may revert or be credited to:

(i) The General Fund of the State; or

(ii) A special fund of the State.
Md. Code, Commercial Law § 2A-206 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-206
§2A–206.
Status: in_force

(1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.

(2) If the beginning of a requested performance is a reasonable vote of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
Md. Code, Tax - Property § 2-204 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(a) The Director may order a revaluation of any real property if, based on consideration and evaluation of a review of a real property valuation on which the existing assessment is based, it appears that the existing valuation of the real property is erroneous because it differs significantly from valuations on comparable properties.

(b) Before ordering a revaluation of real property under this section, the Director shall consult with the governing body of the county or property tax assessment appeal board of the county in which the real property is located.
Md. Code, Alcoholic Beverages and Cannabis § 2-119 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-119
§2–119.
Status: in_force

(a) There is a public transportation permit.

(b) The permit authorizes the holder to operate a warehouse to transport alcoholic beverages for the accounts of other persons into, in, or out of the State.

(c) (1) The Executive Director shall provide a means of identification for each vehicle authorized under the permit.

(2) The identification shall be kept in or on the vehicle at all times when the vehicle transports alcoholic beverages.

(d) (1) The permit fee is $75.

(2) The fee for the vehicle identification required under subsection (c) of this section is $10 for each vehicle.

(e) A license holder or permit holder is not required to have the permit to deliver alcoholic beverages that the license holder or permit holder may otherwise acquire, store, sell, or use.
Md. Code, Commercial Law § 2A-520 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-520
§2A–520.
Status: in_force

(1) Incidental damages resulting from a lessor’s default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses, or commissions in connection with effecting cover, and any other reasonable expense incident to the default.

(2) Consequential damages resulting from a lessor’s default include:

(a) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b) Injury to person or property proximately resulting from any breach of warranty.
Md. Code, Health Occupations § 2-4A-08 — MD Code / Article gho / Title 2 / Subtitle 4A / Section 2-4A-08
§2–4A–08.
Status: in_force

(a) The Board shall issue a license to any applicant who:

(1) Meets the requirements of this subtitle; or

(2) (i) Meets the requirements of § 2–4A–07 of this subtitle; and

(ii) Provides evidence satisfactory to the Board that the applicant is licensed and in good standing as a music therapist in another jurisdiction where the qualifications required are equal to or greater than those required in this subtitle.

(b) The Board shall include on each license that the Board issues:

(1) The full name of the licensed music therapist;

(2) The dates of issuance and expiration; and

(3) A license number.

(c) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 2–303.1 of this title, in determining whether to grant a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The circumstances surrounding the crime;

(iii) The length of time that has passed since the crime;

(iv) Subsequent work history;

(v) Employment and character references; and

(vi) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not issue a license if the criminal history record information required under § 2–303.1 of this title has not been received.
Md. Code, Business Occupations and Professions § 2-316 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-316
§2–316.
Status: in_force

On its own initiative or on a written complaint made to the Board by any person, the Board may commence proceedings under § 2-315 of this subtitle.
Md. Code, Health - General § 2-301 — MD Code / Article ghg / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

The Governor shall include in the State budget, beginning with fiscal year 1997, at a minimum, sufficient funds for local health services as required by this subtitle.
Md. Code, Education § 2-105 — MD Code / Article ged / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

The credential secretary and statistician of the Department are special appointments in the State Personnel Management System.
Md. Code, Courts and Judicial Proceedings § 2-325 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-325
§2–325.
Status: in_force

(a) This section applies only in Garrett County.

(b) (1) The Sheriff of Garrett County shall receive an annual salary that is 80% of the salary of the State’s Attorney of Garrett County.

(2) The Sheriff is entitled to a sum set by the County Commissioners, for expenses.

(c) (1) The Sheriff shall employ:

(i) Deputies as needed, within the budgetary limits, at salaries of at least $5,200 each, one of whom shall act as warden of the jail; and

(ii) A matron for the jail, who shall also perform clerical duties, at the salary set by the Sheriff.

(2) The Sheriff may employ additional special deputies whose compensation shall be approved by the County Commissioners.

(d) (1) The Sheriff and the deputy sheriffs shall be allowed extra car mileage and out–of–county mileage at the rate of 14 cents per mile.

(2) The mileage allowance shall not be payable if the Sheriff’s Office is furnished with automobiles.

(e) (1) (i) The Sheriff shall be reimbursed for the expenses of boarding prisoners committed to the county jail, to be paid monthly on vouchers submitted by the Sheriff to the County Commissioners.

(ii) The Sheriff shall also submit with the vouchers an affidavit sworn to by the Sheriff on personal knowledge showing for each day of the immediately preceding month the number of prisoners boarded by the Sheriff.

(2) The Sheriff may appoint a cook for the jail who shall receive a salary of at least $2,400.

(3) The Sheriff, deputies, and cook shall each receive an additional allowance of $200 a year for uniforms and cleaning.

(f) (1) This subsection does not apply to the Sheriff or chief deputy sheriff.

(2) Deputy sheriffs and other employees of the Sheriff’s Office are included in the county classified service system.
Md. Code, Criminal Law § 2-505 — MD Code / Article gcr / Title 2 / Subtitle 5 / Section 2-505
§2–505.
Status: in_force

(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.

(b) A violation of this section is homicide by motor vehicle or vessel while impaired by drugs.

(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(2) (i) A person who violates this section, having previously been convicted under this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, shall be considered a violation of this section.

(d) It is not a defense to a charge of violating this section that the person is or was entitled under the laws of this State to use a drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug, combination of drugs, or combination of one or more drugs and alcohol would make the person incapable of driving, operating, or controlling a motor vehicle or vessel in a safe manner.
Md. Code, Tax - Property § 2-215 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-215
§2–215.
Status: in_force

When an assessment appeal is filed with a supervisor and the amount of the proposed value of the property is more than $2,000,000, the Department shall notify the appropriate county legal officer of the filing.
Md. Code, State Personnel and Pensions § 2-401 — MD Code / Article gsp / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

(a) Except as otherwise provided by law, compensation for State employees is determined under a pay plan.

(b) The pay plans for the State Personnel Management System are described in Title 8 of this article.
Md. Code, Housing and Community Development § 2-204 — MD Code / Article ghs / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(a) There is a Historic Property Revitalization Director.

(b) The Historic Property Revitalization Director shall:

(1) support the work of the Sustainable Growth Subcabinet;

(2) collect and maintain from State agencies that own property an inventory of State–owned buildings that are greater than 50 years old to be used for prioritizing physical assessments and, if applicable, determining eligibility for the National Register of Historic Places;

(3) in consultation with the Sustainable Growth Subcabinet and to determine the highest and best value for the State’s disposition of property, support studies and consultations relevant to:

(i) stabilization;

(ii) mothballing;

(iii) environmental impacts;

(iv) economic prospects; and

(v) long–term ground leases;

(4) work with the Department, the Department of Commerce, and other members of the Sustainable Growth Subcabinet to identify existing State and federal programs and financing mechanisms that may be leveraged to enhance the successful redevelopment of property;

(5) work with the Department of General Services Office of Real Estate during the disposition process of relevant property; and

(6) on or before October 1, 2026, and each October 1 thereafter, and in consultation with the Sustainable Growth Subcabinet, report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the progress of efforts under this subsection.

(c) The Historic Property Revitalization Director shall receive a salary as provided in the State budget.
Md. Code, Agriculture § 2-707 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-707
§2–707.
Status: in_force

(a) The powers and duties vested in the Board by the provisions of this subtitle are subject to the power and authority of the Secretary.

(b) In addition to the powers set forth elsewhere in this subtitle, the Board may:

(1) Adopt rules and regulations to carry out the provisions of this subtitle, including:

(i) Filing applications for licenses; and

(ii) The qualifications of applicants; and

(2) Set standards to create classes of licenses under this subtitle.
Md. Code, Health Occupations § 2-310.2 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-310.2
§2–310.
Status: in_force

§2–310.2.

(a) Subject to the provisions of this section, the Board shall issue a limited license to practice speech–language pathology to an applicant who:

(1) Except for the examination and supervised postgraduate professional practice in speech–language pathology, meets the license requirements under § 2–302.2 of this subtitle;

(2) Demonstrates to the satisfaction of the Board that for the term of the limited license the applicant will practice only under the supervision of an individual described under subsection (b)(2) of this section;

(3) Submits an application to the Board on the form that the Board requires; and

(4) Pays to the Board the application fee set by the Board.

(b) (1) The purpose of a limited license to practice speech–language pathology is to permit an individual to practice speech–language pathology while completing the licensing requirements of this title.

(2) While it is effective, a limited license to practice speech–language pathology authorizes the licensee to practice speech–language pathology under the supervision of:

(i) A fully licensed speech–language pathologist; or

(ii) If the individual is employed in a setting in which licensure is not required as provided under § 2–301(b)(1)(i) of this subtitle, an individual who holds national certification in speech–language pathology from a professional organization acceptable to the Board as provided for in the regulations adopted by the Board.

(c) A limited license to practice speech–language pathology expires on the first anniversary of its effective date.

(d) The Board may renew the limited license to practice speech–language pathology once for an additional 1–year term, if the holder:

(1) Otherwise meets the requirements of this section;

(2) Submits a renewal application to the Board on the form that the Board requires; and

(3) Pays to the Board a limited license renewal fee set by the Board.

(e) If a limited licensee fails to receive a full license within 2 years after the date the initial limited license was issued, the individual shall wait a minimum of 1 year before the individual may apply for another license.
Md. Code, Real Property § 2-110 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-110
§2–110.
Status: in_force

A covenant by the grantor in a deed “that he has done no act to encumber the land” has the same effect as if he had covenanted that he had not done, executed, or knowingly suffered any act or deed whereby the land granted, or intended to be, or any part of it, is or will be charged, affected, or encumbered in title, estate, or otherwise.
Md. Code, State Government § 2-706 — MD Code / Article gsg / Title 2 / Subtitle 7 / Section 2-706
§2–706.
Status: in_force

(a) The Committee shall:

(1) perform all duties assigned to it by law or by legislative rules;

(2) from time to time, recommend to the presiding officers any changes in or amendments to the rules of legislative ethics;

(3) on request of a member of the General Assembly, issue an advisory opinion regarding the legislative ethics of an action taken or contemplated to be taken by the member;

(4) on its own motion, issue advisory opinions as it deems necessary;

(5) at the request of the President or the Speaker, make recommendations concerning matters referred to the Committee;

(6) as it deems necessary, issue guidelines and establish procedures for the implementation of the rules of legislative ethics;

(7) maintain public records as the rules require; and

(8) review complaints filed under § 5–516 of the General Provisions Article alleging violations of the antiharassment policy and procedures adopted by the Legislative Policy Committee that govern the conduct of members of the General Assembly.

(b) (1) The Committee shall maintain the statements filed by members of the General Assembly under Title 5, Subtitle 5 of the General Provisions Article and, during normal office hours, make the statements available to the public for examination and copying.

(2) The Committee shall maintain a record of:

(i) the name and home address of each individual who examines or copies a statement filed with the Committee by a member of the General Assembly; and

(ii) the name of the member whose statement was examined or copied.

(3) On the request of the member whose statement was examined or copied, the Committee shall forward to the member a copy of the record maintained by the Committee under paragraph (2)(i) of this subsection.
Md. Code, State Personnel and Pensions § 2-310 — MD Code / Article gsp / Title 2 / Subtitle 3 / Section 2-310
§2–310.
Status: in_force

(a) The State, through its appropriate officers and employees, shall provide:

(1) a reasonable break time for an employee to express breast milk for her nursing child after the child’s birth each time the employee needs to express the milk; and

(2) on notice, a place, other than a bathroom, that is shielded from view and free from coworkers and the public and that may be used by an employee to express breast milk.

(b) The State may not be required to compensate an employee receiving reasonable break time under subsection (a)(1) of this section for any time spent expressing breast milk at work.
Md. Code, State Government § 2-1251 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1251
§2–1251.
Status: in_force

In addition to any other duties set forth elsewhere, the Office shall:

(1) provide library and information services to the General Assembly and the general public;

(2) index and preserve all information prepared as a result of the provisions of § 2–1248 of this subtitle; and

(3) carry out any other function related to library and public information services required by the Executive Director.
Md. Code, State Government § 2-205 — MD Code / Article gsg / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

If any part of this subtitle, including any section or subsection or portion of it, shall be held to be unconstitutional or invalid for any reason, the unconstitutionality or invalidity may not affect the remaining parts of this subtitle. It is the intention that the remaining parts of this subtitle would have been enacted into law if that unconstitutionality or invalidity had been known. To this end, all parts of this subtitle are declared to be severable.
Md. Code, Commercial Law § 2A-504 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-504
§2A–504.
Status: in_force

(1) Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to the lessor’s residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.

(2) If the lease agreement provides for liquidation of damages, and such provision does not comply with subsection (1), or such provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this title.

(3) If the lessor justifiably withholds or stops delivery of goods because of the lessee’s default or insolvency (§ 2A-525 or § 2A-526), the lessee is entitled to restitution of any amount by which the sum of his (or her) payments exceeds:

(a) The amount to which the lessor is entitled by virtue of terms liquidating the lessor’s damages in accordance with subsection (1); or

(b) In the absence of those terms, 20 percent of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or $500.

(4) A lessee’s right to restitution under subsection (3) is subject to offset to the extent the lessor establishes:

(a) A right to recover damages under the provisions of this title other than subsection (1); and

(b) The amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.
Md. Code, Tax - Property § 2-107 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

The Department shall employ professional assessors including competent and experienced persons as assessors of commercial or industrial property, as provided in the State budget, and may assign the assessors to the supervisors as necessary to enable the supervisors to carry out their responsibilities under this title.
Md. Code, Human Services § 2-501 — MD Code / Article ghu / Title 2 / Subtitle 5 / Section 2-501
§2–501.
Status: in_force

In this subtitle, “Commission” means the Two Generation Family Economic Security Commission.
Md. Code, Health - General § 2-305 — MD Code / Article ghg / Title 2 / Subtitle 3 / Section 2-305
§2–305.
Status: reserved

The funds designated for the provision of local health services under this subtitle may not be transferred to any other program for any other purpose.
Md. Code, Insurance § 2-406 — MD Code / Article gin / Title 2 / Subtitle 4 / Section 2-406
§2–406.
Status: in_force

(a) Notwithstanding any other provision of law, a criminal prosecution for engaging in insurance fraud may be brought in any county in the State in which:

(1) an element of the insurance fraud was committed;

(2) the purported insured loss occurred;

(3) the insurance policy in question provides coverage;

(4) the insurer or an agent of the insurer received a false or misleading statement or document;

(5) the defendant or respondent resides; or

(6) money or other benefit was received as a result of the insurance fraud.

(b) For a civil fraud violation, the Commissioner may impose administrative penalties and order restitution under § 27–408(c) of this article when one or more of the occurrences listed in subsection (a) of this section takes place in the State.

(c) If insurance fraud is determined to have occurred in any of the locations listed in subsection (a) of this section, a criminal or civil fraud action for all related violations may be joined in the same action.
Md. Code, Courts and Judicial Proceedings § 2-605 — MD Code / Article gcj / Title 2 / Subtitle 6 / Section 2-605
§2–605.
Status: in_force

(a) All civil process and papers of the District Court shall be served by the constables of the respective districts, except that the administrative judge of a particular district may order the papers and process served by the sheriff of the county.

(b) All criminal and traffic process, including warrants and summonses for witnesses, shall be served by the constables of the respective districts, or by the sheriffs of the respective counties or by State or local police as the administrative judge of the district shall direct. However, summonses to witnesses in these cases may be served by mail, rather than by personal service, if the administrative judge of the district directs.
Md. Code, Corporations and Associations § 2-308 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-308
§2–308.
Status: in_force

(a) Subject to the limitations of subsection (b) of this section, any surplus which arises from a reduction of stated capital becomes capital surplus and may be made the basis of:

(1) A distribution or payment to stockholders; and

(2) A reduction of the liability of stockholders whose shares of stock are not fully paid.

(b) Except as provided in § 2–311(a)(2) of this subtitle, the net assets of the corporation which remain after a distribution, payment, or reduction of liability shall be at least equal to the aggregate preferential amount payable in the event of voluntary liquidation to the holders of all stock having rights preferred to the rights of holders who received the distribution, payment, or whose liability was reduced.
Md. Code, Corporations and Associations § 2-702 — MD Code / Article gca / Title 2 / Subtitle 7 / Section 2-702
§2–702.
Status: in_force

(a) The board of directors of a corporation may ratify a defective corporate act under this subtitle by adopting a resolution stating:

(1) (i) The defective corporate act to be ratified; and

(ii) If the defective corporate act involved the issuance of putative stock, the number of shares and the class or series of putative stock;

(2) The date of the defective corporate act;

(3) The nature of the failure of authorization of the defective corporate act; and

(4) (i) If stockholder action is not required under subsection (b) of this section, that the board of directors ratifies the defective corporate act; or

(ii) If stockholder action is required under subsection (b) of this section, that the board of directors approves the ratification of the defective corporate act and directs that the ratification be submitted for consideration at a meeting of the stockholders.

(b) (1) Ratification of a defective corporate act approved in a resolution adopted under subsection (a) of this section shall be submitted for consideration at a meeting of the stockholders if stockholder approval is required or would have been required on the date of the defective corporate act by any provision of:

(i) The Maryland General Corporation Law;

(ii) The charter or bylaws of the corporation;

(iii) Any action taken by the board of directors, a committee of the board of directors, or the stockholders; or

(iv) Any plan or agreement to which the corporation is a party in effect at the time a resolution was adopted under subsection (a) of this section.

(2) To ratify a defective corporate act under this subsection, the stockholders shall adopt a resolution stating:

(i) The defective corporate act to be ratified;

(ii) If the defective corporate act involved the issuance of putative stock, the number of shares and the class or series of putative stock;

(iii) The date of the defective corporate act; and

(iv) That the stockholders ratify the defective corporate act.

(c) (1) The quorum and voting requirements applicable to action by the board of directors or the stockholders to ratify a defective corporate act under this section shall be the approval standard requiring the larger number or portion of votes under:

(i) The requirements that would be applicable to the defective corporate act proposed to be ratified at the time of ratification; or

(ii) The requirements that would have been applicable to the defective corporate act on the date of the defective corporate act.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, approval by stockholders of the ratification of the election of a director shall require a majority of the votes cast at a meeting at which a quorum is present.

(ii) If the charter or bylaws of the corporation in effect at the time of the ratification of the defective corporate act or in effect at the time of the defective corporate act requires or required a larger number or portion of votes cast by stockholders, by holders of any class or series of stock, or by any specified stockholders to elect the director, then the affirmative vote of the larger number or portion of votes cast shall be required to ratify election of the director.

(3) The presence or approval of holders of stock of any class or series of which no stock is outstanding at the time of ratification or of any person that is no longer a stockholder may not be required.

(4) Holders of putative stock on the record date for determining which stockholders are entitled to vote on a ratification submitted to stockholders under this section shall not be entitled to vote or be counted for quorum purposes in any vote to consider ratification.

(d) Ratification of a defective corporate act under this section shall make the ratified defective corporate act binding on the corporation in accordance with § 2–703 of this subtitle.
Md. Code, State Personnel and Pensions § 2-305 — MD Code / Article gsp / Title 2 / Subtitle 3 / Section 2-305
§2–305.
Status: in_force

(a) This section applies to all employees of all units in the Executive, Judicial, and Legislative branches of State government, including all units with independent personnel systems except for the Department of Transportation and the University System of Maryland.

(b) During any stage of a State employee's complaint, grievance, or other administrative or legal action that concerns State employment, the employee may not be subjected to coercion, discrimination, interference, reprisal, or restraint by or initiated on behalf of the employer solely as a result of that employee's pursuit of the grievance, complaint, or action.

(c) A State employee may not intentionally take or assist in taking an act of coercion, discrimination, interference, reprisal, or restraint against another employee solely as a result of that employee's pursuit of a grievance, complaint, or other administrative or legal action that concerns State employment.

(d) An employee who violates subsection (c) of this section is subject to disciplinary action, including the termination of State employment.
Md. Code, Agriculture § 2-311 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-311
§2–311.
Status: in_force

(a) Before any license is suspended or revoked, the Board shall give the licensee at least ten days written notice of the time and place of the hearing. Notice shall be given by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, addressed to the post–office address shown on the annual registration or in other information the Board possesses.

(b) A copy of the charges shall be furnished the licensee and he shall be afforded an opportunity to be heard personally and to be represented by counsel before the Board. The licensee shall have the opportunity to confront witnesses against him.

(c) Every witness at the hearing shall testify under oath. The chairman or any member may administer the oath. The Board may compel the attendance of witnesses by subpoena.

(d) The Board shall report its action in writing, stating the reasons for the action. A copy shall be delivered or mailed to the person against whom the complaint is made.

(e) The licensee may appeal to the circuit court of the county where the licensee has an office. The court shall hear and determine all matters connected with the action of the Board from which appeal is taken in accordance with the Administrative Procedure Act.

(f) The licensee and the Board may appeal from the decision of the circuit court to the Appellate Court of Maryland, subject to the time and manner provided for the taking of an appeal to this Court.
Md. Code, Courts and Judicial Proceedings § 2-336 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-336
§2–336.
Status: in_force

(a) This section applies only in Wicomico County.

(b) The Sheriff of Wicomico County shall receive an annual salary of the greater of:

(1) $58,000 in calendar year 1998 and thereafter; or

(2) The salary set by the County Council of Wicomico County before the start of the term of office.

(c) (1) (i) The Sheriff shall appoint a chief deputy at a salary set by the County Council, payable in equal monthly installments.

(ii) The chief deputy’s term of office coincides with the Sheriff’s term of office.

(iii) The chief deputy may be removed by the Sheriff at any time.

(2) The Sheriff may appoint additional deputies as the Sheriff and the County Council deem necessary, each of whom shall receive the compensation prescribed by the personnel rules and regulations of the county.

(d) (1) The Sheriff shall be allowed an additional amount to defray all expenses of the office, including necessary automobile mileage allowance at the rate of at least 6 cents per mile for automobiles used by the Sheriff and deputies in performing their official duties.

(2) Notwithstanding paragraph (1) of this subsection, mileage may not be allowed if automobiles are furnished to the Sheriff by the County Council.

(3) Necessary expenses for telephone and telegraph, and clerical assistants will be allowed if approved by the County Council.

(e) (1) (i) The Sheriff shall submit properly authenticated requisitions containing a full and complete statement under oath setting forth all of the expenses for a month, including the names of all deputies and assistants, the amounts allowed to each and all other items of expense.

(ii) The requirements of subparagraph (i) of this paragraph are instead of all expenses, fees and costs now or previously allowed the Sheriff for expense in carrying out the duties of the office, including the expenses of transferring prisoners to and from penal institutions and places of confinement in the State under the sentence or order of any authority.

(2) The County Council may not pay the Sheriff additional compensation for any services rendered in discharging official duties.

(3) The County Council is not liable for any other fee or compensation to the Sheriff.

(f) The County Council shall levy each year sufficient funds to pay the salaries and expenses of the Sheriff’s Office.

(g) (1) All deputies, except the chief deputy, clerical assistants, and other employees employed by the Sheriff’s Office are subject to the “personnel provisions” of the charter of Wicomico County and subsequent rules and regulations passed by the County Council.

(2) If a chief deputy who was a deputy subject to the personnel provisions prior to being promoted to chief deputy is removed from the office of chief deputy for other than cause, that person shall revert to a deputy with the same status that the person had prior to the person’s appointment as chief deputy.

(3) A chief deputy who was not a deputy subject to the personnel provisions prior to appointment as chief deputy, if removed from office for any reason, may not automatically revert to a deputy.
Md. Code, Corporations and Associations § 2-409 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-409
§2–409.
Status: in_force

(a) Unless the bylaws of the corporation provide otherwise, a regular or special meeting of the board of directors may be held at any place in or out of the State or by means of remote communication.

(b) (1) Notice of each meeting of the board of directors shall be given as provided in the bylaws.

(2) Unless the bylaws provide otherwise, the notice:

(i) Shall be in writing or delivered by electronic transmission; and

(ii) Need not state the business to be transacted at or the purpose of any regular or special meeting of the board of directors.

(c) Whenever this article or the charter or bylaws of a corporation require notice of the time, place, or purpose of a meeting of the board of directors or a committee of the board, a person who is entitled to the notice waives notice if the person:

(1) Before or after the meeting delivers a written waiver or a waiver by electronic transmission which is filed with the records of the meeting; or

(2) Is present at the meeting.

(d) (1) Unless restricted by the charter or bylaws of the corporation, members of the board of directors or a committee of the board may participate in a meeting by means of a conference telephone or other communications equipment if all persons participating in the meeting can hear each other at the same time.

(2) Participation in a meeting by these means constitutes presence in person at the meeting.
Md. Code, Labor and Employment § 2-104 — MD Code / Article gle / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

(a) (1) There is a Deputy Commissioner of Labor and Industry who shall be appointed by the Commissioner with the approval of the Secretary.

(2) The Deputy Commissioner is in the management service in the State Personnel Management System and serves at the pleasure of the Commissioner.

(3) The Deputy Commissioner is entitled to the salary provided in the State budget.

(4) In addition to any powers and duties set forth elsewhere, the Deputy Commissioner has the powers and duties of the Commissioner:

(i) to the extent delegated by the Commissioner;

(ii) if the office of the Commissioner is vacant; or

(iii) if for any reason the Commissioner is absent or unable to perform the duties of office.

(b) (1) The Commissioner shall appoint an Assistant Commissioner for Occupational Safety and Health, subject to the approval of the Secretary.

(2) The Assistant Commissioner is in the management service in the State Personnel Management System and serves at the pleasure of the Commissioner.

(3) The Assistant Commissioner is entitled to the salary provided in the State budget.

(c) (1) The Commissioner shall appoint a Chief Elevator Inspector.

(2) The Chief Elevator Inspector:

(i) is entitled to the salary provided in the State budget; and

(ii) is subject to the provisions of the State Personnel and Pensions Article that govern skilled service employees.

(d) (1) The Commissioner shall appoint a Chief Inspector for Railroad Safety and Health.

(2) The Chief Inspector:

(i) is entitled to the salary provided in the State budget; and

(ii) is subject to the provisions of the State Personnel and Pensions Article that govern skilled service employees.

(e) (1) Subject to the approval of the Governor, the Commissioner may appoint a Chief Mediator who shall be a special appointment in the State Personnel Management System.

(2) The Chief Mediator:

(i) is entitled to the salary provided in the State budget; but

(ii) may not receive additional compensation for serving on a board of arbitration.

(f) (1) The Commissioner shall appoint:

(i) safety inspectors who are qualified and trained in occupational safety; and

(ii) safety inspectors who are qualified technically to inspect amusement rides and amusement attractions, elevators, and worker and material hoists on construction projects and who shall be responsible for those inspections.

(2) Each safety inspector:

(i) is entitled to the salary provided in the State budget; and

(ii) is subject to the provisions of the State Personnel and Pensions Article that govern skilled service employees, with the exception of special appointments.

(g) (1) Subject to the approval of the Governor and the Secretary, the Commissioner may employ, in accordance with the State budget, other staff needed to perform the duties of the Commissioner.

(2) Except as provided in this section or otherwise by law, all other staff is in the skilled service or professional service, with the exception of special appointments, in the State Personnel Management System.
Md. Code, Health Occupations § 2-4A-02 — MD Code / Article gho / Title 2 / Subtitle 4A / Section 2-4A-02
§2–4A–02.
Status: in_force

This subtitle does not prohibit or restrict the practice, services, or activities of:

(1) An individual licensed, certified, or regulated under the laws of the State in another profession or occupation or personnel supervised by a licensed professional in the State performing work including the use of music incidental to the practice of the individual’s licensed, certified, or regulated profession or occupation, if the individual does not represent that the individual is a licensed music therapist;

(2) Any individual whose training and national certification attest to the individual’s preparation and ability to practice the certified profession or occupation of the individual, if the individual does not represent that the individual is a licensed music therapist;

(3) Any practice of music therapy as an integral part of a program of study for students enrolled in an accredited music therapy program, if the student does not represent that the student is a licensed music therapist; or

(4) Any individual who engages in the practice of music therapy under the supervision of a licensed music therapist, if the individual does not represent that the individual is a licensed music therapist.
Md. Code, Agriculture § 2-2401 — MD Code / Article gag / Title 2 / Subtitle 24 / Section 2-2401
§2–2401.
Status: in_force

§2–2401. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 430 OF 2025 //

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

(b) “Community best practice” means a farm’s or farmer’s demonstrated engagement with Maryland communities as it relates to:

(1) The production, sale, or distribution of Maryland farm products; or

(2) Providing service to an organization whose focus is advancing Maryland’s agricultural industry, environmental outcomes, conservation practices, or agricultural research and education.

(c) “Conservation practice” means an agricultural practice that:

(1) Prevents or treats problems with soil, water, air, plant, or animal sources of pollution; and

(2) Has a standard method of construction or application that is developed by the Natural Resources Conservation Service and listed in the Service’s Maryland Field Office Technical Guide.

(d) (1) “Fixed natural buffer” means a strip of maintained, native vegetation alongside a body of water.

(2) “Fixed natural buffer” includes the following fixed natural filter practices:

(i) The planting of riparian forest buffers;

(ii) The planting of riparian herbaceous cover;

(iii) Tree plantings that are on agricultural land; and

(iv) Wetland restoration.

(3) “Fixed natural buffer” does not include pasture management, as described under § 8–701(d)(5) of this article.

(e) “100–foot tidal buffer” means any land within 100 feet of:

(1) The mean high water line of tidal waters;

(2) The edge of each bank of a tributary tidal stream; or

(3) The landward boundary of a tidal wetland.

(f) “Program” means the Maryland Leaders in Environmentally Engaged Farming (LEEF) Program established under § 2–2402 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 2-308 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-308
§2–308.
Status: in_force

(a) There is a Class 7 limited beer wholesaler’s license.

(b) The license may be issued only to a person that:

(1) holds a Class 5 manufacturer’s license, a Class 7 micro–brewery license, or a Class 8 farm brewery license; and

(2) produces in the aggregate from all of its locations not more than 45,000 barrels of beer annually.

(c) The license authorizes the license holder to:

(1) sell and deliver its own beer produced at the license holder’s premises to:

(i) a holder of a retail license that is authorized to acquire beer from a wholesaler; and

(ii) a holder of a permit that is authorized to acquire beer from a wholesaler; and

(2) distribute not more than 5,000 barrels of its own beer annually.

(d) The annual license fee is $50.

(e) The license holder may use an additional location for the warehousing, sale, and delivery of beer:

(1) if approved by the Executive Director following submission of a separate application for each location; and

(2) on the payment of a $50 fee for each additional location.
Md. Code, Commercial Law § 2A-519 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-519
§2A–519.
Status: in_force

(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 2A–504) or otherwise determined pursuant to agreement of the parties (§§ 1–302 and 2A–503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under § 2A–518(2), or is by purchase or otherwise the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value as of the date of the default of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor’s default.

(2) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.

(3) Except as otherwise agreed, if the lessee has accepted goods and given notification (§ 2A-516(3)), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor’s default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessor’s default.

(4) Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor’s default or breach of warranty.
Md. Code, Natural Resources § 2-407 — MD Code / Article gnr / Title 2 / Subtitle 4 / Section 2-407
§2–407.
Status: in_force

Any person who violates any provision of this subtitle is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $50 for each offense with costs imposed in the discretion of the court.
Md. Code, Agriculture § 2-715 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-715
§2–715.
Status: in_force

The Board may suspend or revoke the license issued to any licensee under this subtitle, if the licensee:

(1) Fails to provide suitable food, water, and shelter for a horse under the control of the licensee;

(2) Maintains an unsanitary or unfit horse establishment;

(3) Fails to provide suitable saddles, bridles, harnesses, and other tack or equipment;

(4) Allows unfit horses to be used for riding or driving purposes;

(5) Refuses to allow a member of the Board to enter and inspect the licensed premises;

(6) Obstructs any member of the Board in the performance of his duties;

(7) Commits an act of cruelty as defined in § 10–601 of the Criminal Law Article, or allows the commission of an act of cruelty by any other person with relation to any horse under the control of the licensee;

(8) Does any other action that, in the opinion of the Board, taking into consideration the welfare of the horses under the control of the licensee, shows that the licensee is unfit to operate a horse establishment; or

(9) Fails to comply with the rules and regulations of the Board after receiving a license.
Md. Code, Criminal Procedure § 2-106 — MD Code / Article gcp / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

(a) (1) A peace officer, who is appointed in the jurisdiction in which a person is arrested, may keep custody of the arrested person in another jurisdiction in which a District Court commissioner is located to bring the person before the District Court commissioner in the other jurisdiction.

(2) The peace officer has the same power to keep custody of the arrested person under paragraph (1) of this subsection that the peace officer has in the jurisdiction for which the peace officer is appointed and the arrest is made.

(b) (1) A peace officer, who is appointed in the jurisdiction for which a charging document is issued for a person who is arrested in another jurisdiction, may obtain custody of the arrested person in the other jurisdiction to bring the person before a District Court commissioner in the jurisdiction in which the charging document is issued.

(2) The peace officer has the same power to keep custody of the arrested person under paragraph (1) of this subsection that the peace officer has in the jurisdiction for which the peace officer is appointed.

(c) This section does not affect or extend the time period for bringing an arrested person before a judicial officer after arrest.
Md. Code, Corporations and Associations § 2-701 — MD Code / Article gca / Title 2 / Subtitle 7 / Section 2-701
§2–701.
Status: in_force

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

(b) “Date of the defective corporate act” means:

(1) The date and the time a defective corporate act was purportedly taken; or

(2) If the exact time is unknown, the date and approximate time a defective corporate act was purportedly taken.

(c) “Defective corporate act” means:

(1) Any corporate act purportedly taken that, at the date of the defective corporate act, would have been within the power of the corporation but is void or voidable due to a failure of authorization; or

(2) An overissue.

(d) “Failure of authorization” means the failure of a corporation to authorize, approve, or otherwise effect a corporate act in compliance with the Maryland General Corporation Law, its charter or bylaws, any action taken by its board of directors, a committee of its board of directors, or its stockholders, or any plan or agreement to which the corporation is a party, if and to the extent that the failure would render the corporate act void or voidable.

(e) “Overissue” means the purported issuance by a corporation of stock of:

(1) A class or series in excess of the number of shares of the class or series that the corporation has the power to issue under § 2–201(a) of this title or the corporation’s charter at the time of the purported issuance; or

(2) Any class or series that is not authorized for issuance by the corporation’s charter at the time of the purported issuance.

(f) “Putative stock” means:

(1) Stock, including stock purportedly issued upon exercise of rights, options, warrants, or other securities convertible into or exercisable for stock, purportedly created or issued as a result of a defective corporate act, that but for the failure of authorization would constitute valid stock;

(2) Stock purportedly issued in an overissue; and

(3) Stock that cannot be determined by the board of directors to be valid stock.

(g) “Valid stock” means stock that has been duly authorized and validly issued in accordance with the provisions of this title.
Md. Code, Environment § 2-607 — MD Code / Article gen / Title 2 / Subtitle 6 / Section 2-607
§2–607.
Status: in_force

(a) (1) Any person aggrieved by a final decision of the Secretary or the designated hearing officer in connection with a show–cause order, a corrective order, or any other final order issued under this subtitle may take a direct judicial appeal.

(2) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.

(b) An appeal under this section does not stay automatically the order from which the appeal is taken.
Md. Code, State Finance and Procurement § 2-403 — MD Code / Article gsf / Title 2 / Subtitle 4 / Section 2-403
§2–403.
Status: in_force

The State shall pay any assessment, charge, or fee that is:

(1) levied by the local jurisdiction in which the State facility is located; and

(2) designated as the State’s share of annual operating costs or lateral system construction costs.
Md. Code, Commercial Law § 2-708 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-708
§2–708.
Status: in_force

(1) Subject to subsection (2) and to the provisions of this title with respect to proof of market price (§ 2-723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this title (§ 2-710), but less expenses saved in consequence of the buyer’s breach.

(2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this title (§ 2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
Md. Code, Economic Development § 2-110 — MD Code / Article gec / Title 2 / Subtitle 1 / Section 2-110
§2–110.
Status: in_force

(a) The Secretary is responsible for the coordination and direction of all planning activities that the office of the Secretary initiates.

(b) The Secretary shall keep fully apprised of and may approve, disapprove, or modify the plans, proposals, and projects of units under the jurisdiction of the Department.
Md. Code, Transportation § 2-103 — MD Code / Article gtr / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: reserved

(a) (1) The Secretary is responsible for the budget of the Office of the Secretary and for the budget of each unit in the Department.

(2) The budget request that the Secretary submits for the Department shall contain, for each modal administration, separate items for:

(i) Capital expenditures; and

(ii) Operating expenditures.

(3) Whenever the proposed budget of the Governor includes for the Department total capital and operating expenditures that exceed the expenditures proposed in the Consolidated Transportation Program, the Department shall submit to the General Assembly, subject to § 2–1257 of the State Government Article, a reconciliation report that specifically sets forth the proposed projects for which the additional expenditures are requested.

(b) Except with respect to the Maryland Transportation Authority, the Maryland Port Commission and the Maryland Port Administration, the Secretary:

(1) May adopt rules and regulations for the Department and any of its units to carry out those provisions of this article that are subject to the jurisdiction of the Department; and

(2) Shall review and may approve, disapprove, or revise the rules and regulations of each unit in the Department.

(c) The Secretary may create and determine the size of any advisory unit for the Department as he considers appropriate.

(d) The Office of the Secretary shall have a seal to authenticate copies of records or papers of the Department.

(e) (1) The Secretary is responsible for all planning activities of the Department and for the development and maintenance of a continuing, comprehensive, and integrated transportation planning process.

(2) In accordance with § 2–103.1 of this subtitle, the Secretary shall develop and, with the approval of the Governor, shall adopt a State Report on Transportation to guide program development and to foster efficient and economical transportation services throughout the State.

(3) On or before the 3rd Wednesday of January of each year, the Secretary shall submit the State Report on Transportation to the General Assembly, subject to § 2–1257 of the State Government Article.

(e–1) (1) Before the Department begins the process of establishing, altering, or eliminating a Metropolitan Planning Organization for transportation planning purposes for an area in the State designated under federal law as an urbanized area, the Department shall give notice of the pending process by certified mail, return receipt requested, to each member of the General Assembly representing:

(i) A State legislative district, any portion of which is located in the urbanized area; and

(ii) A State legislative district that is located within 1 mile of the border of the urbanized area.

(2) The Department shall hold a public hearing in the designated urbanized area to address issues related to the establishment, alteration, or elimination of a Metropolitan Planning Organization if a member of the General Assembly who is provided notice under paragraph (1) of this subsection requests the public hearing within 45 days of receipt of the notice.

(f) (1) Except as provided in paragraph (2) of this subsection, the Secretary may transfer, assign, and reassign any staff, power, or duty from any unit in the Department to his office or to another unit in the Department. If a transfer, assignment, or reassignment occurs, the appropriation for the respective staff, power, or duty also shall be transferred.

(2) This subsection does not apply to:

(i) The powers or duties of the State Roads Commission that are set forth in Article III, § 40B of the Maryland Constitution; or

(ii) The powers or duties that are vested by law in:

1. The Board of Airport Zoning Appeals;

2. The Transportation Professional Services Selection Board;

3. The Maryland Transportation Authority; or

4. The Maryland Port Commission and Maryland Port Administration.

(g) (1) Except as provided in paragraph (2) of this subsection, the Secretary may exercise or perform any power or duty that any unit in the Department may exercise or perform.

(2) This subsection does not apply to:

(i) The powers or duties that are set forth in Article III, § 40B of the Maryland Constitution; or

(ii) The powers or duties that do not require by law the approval or action of the Secretary and are vested by law in:

1. The Board of Airport Zoning Appeals;

2. The Transportation Professional Services Selection Board;

3. The Maryland Transportation Authority; or

4. The Maryland Port Commission and Maryland Port Administration.

(h) Consistent with the State budget, Division II of the State Finance and Procurement Article, and other applicable provisions of law, the Secretary may contract with any person to provide services, supplies, construction, and maintenance for the Department or for any transportation related purposes.

(i) (1) The Secretary may apply for and receive from the federal government or any person any grants–in–aid or gifts for any transportation related purpose.

(2) To the extent permitted by the State budget, the Secretary may make grants–in–aid to:

(i) Any governmental transportation agency in this State, including any county agency, bicounty agency, multijurisdiction agency, or municipal agency; or

(ii) Any other person for any transportation related purpose.
Md. Code, Public Safety § 2-602 — MD Code / Article gps / Title 2 / Subtitle 6 / Section 2-602
§2–602.
Status: in_force

(a) (1) The local governing body of a county and the Secretary may enter into an agreement for the Department to act as and take over all or some of the functions of a local police force for the county or a municipal corporation in the county.

(2) The local governing body of a county may enter into an agreement with a municipal corporation in the county for the participation of the municipal corporation in an agreement entered into under paragraph (1) of this subsection.

(3) In Charles County and St. Mary’s County, a municipal corporation also may enter into a separate agreement with the Department.

(b) (1) In accordance with an agreement entered into under subsection (a) of this section, the Department within the county shall:

(i) enforce the public local laws of the county or municipal corporation;

(ii) perform related police services; and

(iii) perform the Department’s other and regular duties in the county.

(2) For purposes of paragraph (1) of this subsection, the Department shall provide the employees, buildings, and facilities that are required by agreement or, if not so required, that the Department considers reasonable and proper to achieve the objectives of the agreement.

(c) Each agreement entered into under subsection (a) of this section shall provide:

(1) that the Secretary shall determine the reasonable and proper cost of the Local Division for and within the particular county or municipal corporation;

(2) that the county or municipal corporation shall reimburse the Department the entire amount of the cost of the Local Division in the county or municipal corporation; and

(3) for the time and manner of reimbursements by the county or municipal corporation to the Department for the cost of the Local Division.

(d) (1) Each agreement entered into under subsection (a) of this section requires the prior approval of the Attorney General as to legal sufficiency.

(2) Financial arrangements in each agreement entered into under subsection (a) of this section require the prior approval of the Secretary of Budget and Management.
Md. Code, Commercial Law § 2A-219 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-219
§2A–219.
Status: in_force

(1) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.

(2) Subject to the provisions of this title on the effect of default on risk of loss (§ 2A-220), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:

(a) If a lease contract requires or authorizes the goods to be shipped by carrier;

(i) And it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but

(ii) If it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery.

(b) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee’s right to possession of the goods.

(c) In any case not within subsection (a) or (b), the risk of loss passes to the lessee on the lessee’s receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.
Md. Code, Health Occupations § 2-4A-18 — MD Code / Article gho / Title 2 / Subtitle 4A / Section 2-4A-18
§2–4A–18.
Status: in_force

For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may:

(1) Reinstate a license that has been revoked;

(2) Reduce the period of a suspension; or

(3) Withdraw a reprimand.
Md. Code, Commercial Law § 2A-526 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-526
§2A–526.
Status: in_force

(1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security, or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.

(2) In pursuing its remedies under subsection (1), the lessor may stop delivery until

(a) Receipt of the goods by the lessee;

(b) Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or

(c) Such an acknowledgment to the lessee by a carrier via reshipment or as a warehouse.

(3) (a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.

(b) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.

(c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
Md. Code, State Government § 2-701 — MD Code / Article gsg / Title 2 / Subtitle 7 / Section 2-701
§2–701.
Status: in_force

In this subtitle, “Committee” means the Joint Committee on Legislative Ethics.
Md. Code, Corporations and Associations § 2-111 — MD Code / Article gca / Title 2 / Subtitle 1 / Section 2-111
§2–111.
Status: in_force

(a) Each corporation shall maintain, or cause to be maintained on its behalf, correct and complete:

(1) Books and records of its accounts and transactions; and

(2) Minutes of the proceedings of its stockholders and board of directors and of any executive or other committee when exercising any of the powers of the board of directors.

(b) (1) The books and records of a corporation may be in written form or in any other form that complies with § 2–114 of this subtitle.

(2) Minutes shall be recorded in written form but may be maintained in the form of a reproduction or in any other form that complies with § 2–114 of this subtitle.
Md. Code, Criminal Procedure § 2-508 — MD Code / Article gcp / Title 2 / Subtitle 5 / Section 2-508
§2–508.
Status: in_force

(a) A law enforcement agency that uses facial recognition technology shall adopt and maintain a use and data management policy.

(b) A law enforcement agency that develops a policy under subsection (a) of this section shall post a copy of the policy on the agency’s public website.

(c) A law enforcement agency that contracts for use of a nongovernment facial recognition system shall disclose on its public website the name of the system and the names and a description of the databases searched.
Md. Code, Corporations and Associations § 2-411 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-411
§2–411.
Status: in_force

(a) The board of directors of a corporation may:

(1) Appoint from among its members an executive committee and other committees composed of one or more directors; and

(2) Delegate to these committees any of the powers of the board of directors, except the power to:

(i) Authorize the issuance of stock other than as provided in subsection (b) of this section;

(ii) Recommend to the stockholders any action which requires stockholder approval, other than the election of directors;

(iii) Amend the bylaws; or

(iv) Approve any merger or share exchange which does not require stockholder approval.

(b) If the board of directors has given general authorization for the issuance of stock providing for or establishing a method or procedure for determining the maximum number or the maximum aggregate offering price of shares to be issued, a committee of the board, in accordance with that general authorization or any stock option or other plan or program adopted by the board, may authorize or fix the terms of stock subject to classification or reclassification and the terms on which any stock may be issued, including all terms and conditions required or permitted to be established or authorized by the board of directors under §§ 2–203 and 2–208 of this title.

(c) The bylaws may authorize the members of a committee present at any meeting, whether or not they constitute a quorum, to appoint a director to act in the place of an absent member.

(d) The appointment of any committee, the delegation of authority to it, or action by it under that authority does not constitute, of itself, compliance by any director, not a member of the committee, with the standard provided in § 2-405.1 of this subtitle for the performance of duties of directors.

(e) Notwithstanding subsection (a) of this section or § 2–408(e) of this subtitle, the charter or bylaws of a corporation, or any agreement to which the corporation is a party and which has been approved by the board of directors, may provide for:

(1) The establishment of one or more standing committees or for the creation of one or more committees upon the occurrence of certain events; and

(2) The composition of the membership, and the qualifications and the voting and other rights of members of any such committee, subject to the continued service of members of the committee as directors.
Md. Code, Tax - General § 2-1102 — MD Code / Article gtg / Title 2 / Subtitle 11 / Section 2-1102
§2–1102.
Status: in_force

After making the distributions required under § 2-1101 of this subtitle, from the remaining motor fuel tax revenue, the Comptroller shall distribute the amount necessary to administer the Motor Fuel Tax Bureau of the Regulatory and Enforcement Division of the Comptroller’s Office to an administrative cost account.
Md. Code, Tax - Property § 2-105 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

(a) There is a supervisor for each county.

(b) (1) In this subsection and subsection (c) of this section, “appropriate county official” means the Mayor of Baltimore City, the county commissioners or county council of each county, or, if the county charter provides for a county executive, the county executive with the approval of the county council.

(2) Each supervisor:

(i) shall be appointed by the Director; and

(ii) shall be in the management service of the State Personnel Management System.

(3) The Director shall appoint each supervisor from a list of five qualified individuals submitted to the Director by the appropriate county official. The Director shall give the appropriate county official written notice that a vacancy exists in that county. Unless the Director extends the period on written request from the appropriate county official, the appropriate county official shall submit its list of nominees to the Director on or before 60 days from the date the Director notifies the official of the vacancy.

(4) If the Director finds that none of the nominees on a list meets the qualifications set under § 2–109 of this subtitle, the Director may reject all of them and request the appropriate county official to provide a new list. If the appropriate county official does not submit a new list within 20 days of receiving the Director’s request, the Director may appoint any qualified individual.

(c) (1) In addition to the qualifications set under § 2–109 of this subtitle, a supervisor:

(i) may not hold any other public office of profit; and

(ii) on appointment, need not be a resident of the county for which the supervisor was appointed, but shall become a resident of the county after the appointment is made.

(2) The appropriate county official may waive the residency requirement of paragraph (1)(ii) of this subsection.

(3) If the appropriate county official nominates an individual under subsection (b)(3) of this section who is not currently a resident of the county, the residency requirement of paragraph (1)(ii) of this subsection is waived for that individual.

(d) A supervisor may be removed from office only after a hearing before the Department and a finding of incompetency or other cause.

(e) The classifications and salaries of supervisors shall be set in accordance with the provisions of Division I of the State Personnel and Pensions Article.
Md. Code, State Government § 2-1259 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1259
§2–1259.
Status: in_force

The Department shall:

(1) annually make:

(i) a list that includes the name, position, term of office, and salary of each civil officer whom the Governor appointed during the preceding calendar year; and

(ii) a list that includes the name, position, term of office, and salary of each civil officer whose term expires during the current calendar year;

(2) (i) send a copy of each list to each member of the General Assembly; and

(ii) make the lists available to any person who requests them; and

(3) include on the lists only civil officers whom the Governor appoints, subject to the approval of the Senate or the House of Delegates.
Md. Code, State Government § 2-1246 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1246
§2–1246.
Status: in_force

(a) The head of the Office is the Director.

(b) Subject to the policies and directives of the President and the Speaker and the overall supervision and control of the Executive Director, the Director shall oversee the operation of the Office.

(c) The Director shall facilitate the creation and oversee the operation of functional, subject matter, special project, and any other workgroups to achieve maximum cooperation and the greatest efficiency in the use of staff and resources in the Office.
Md. Code, Commercial Law § 2-322 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-322
§2–322.
Status: in_force

(1) Unless otherwise agreed a term for delivery of goods “ex-ship” (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged.

(2) Under such a term unless otherwise agreed

(a) The seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and

(b) The risk of loss does not pass to the buyer until the goods leave the ship’s tackle or are otherwise properly unloaded.
Md. Code, Agriculture § 2-516 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-516
§2–516.
Status: in_force

The Foundation shall provide its approval or disapproval of an application by a county for certification or recertification under § 5–408 of the State Finance and Procurement Article.
Md. Code, Public Safety § 2-512 — MD Code / Article gps / Title 2 / Subtitle 5 / Section 2-512
§2–512.
Status: in_force

(a) A person who, by virtue of employment or official position, has possession of or access to individually identifiable DNA information contained in the statewide DNA database system or statewide DNA repository may not willfully disclose the information in any manner to a person or agency not entitled to receive the information.

(b) A person may not, without authorization, willfully obtain individually identifiable DNA information from the statewide DNA database system or statewide DNA repository.

(c) A person may not willfully test a DNA sample for information that does not relate to the identification of individuals as specified in this subtitle.

(d) A person may not willfully fail to destroy a DNA sample for which, under this subtitle:

(1) notification has been sent stating that the DNA sample has been destroyed; or

(2) destruction has been ordered.

(e) A person who violates subsection (a), (b), or (c) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(f) A person who violates subsection (d) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000.
Md. Code, Health Occupations § 2-314.5 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-314.5
§2–314.
Status: in_force

§2–314.5.

While practicing audiology or hearing aid dispensing, an audiologist or a hearing aid dispenser may not directly or indirectly give or offer to give anything of value to another person who provides professional services to clients, if the thing of value is given to induce the person receiving the thing of value to:

(1) Buy a product or service from the person giving the thing of value;

(2) Refrain from buying a product or service of a competitor of the person giving the thing of value; or

(3) Influence another to:

(i) Buy a product or service from the person giving the thing of value; or

(ii) Refrain from buying a product or service of a competitor of the person giving the thing of value.
Md. Code, Alcoholic Beverages and Cannabis § 2-408 — MD Code / Article gab / Title 2 / Subtitle 4 / Section 2-408
§2–408.
Status: in_force

(a) A Class E, Class F, or Class G license expires 10 days after the last remaining individual to whom the license is issued dies or is declared incompetent.

(b) (1) Before a license under subsection (a) of this section expires, the Executive Director shall issue a replacement license containing the privileges conferred by the original license if:

(i) the Executive Director receives from an individual on behalf of the license holder an application for the replacement license within 10 days after the last remaining individual dies or is declared incompetent; and

(ii) except as provided in paragraph (2) of this subsection, the application is accompanied by payment of a fee of $1.

(2) In Frederick County, a fee may not be charged for a new license.

(3) A replacement license expires at the end of the license year.
Md. Code, Corporations and Associations § 2-508 — MD Code / Article gca / Title 2 / Subtitle 5 / Section 2-508
§2–508.
Status: in_force

(a) (1) A fiduciary may vote, either in person or by proxy, stock registered in his name as fiduciary.

(2) A fiduciary may vote, either in person or by proxy, stock registered in the name of another person on proof of the fact that legal title to the stock has devolved on him in a fiduciary capacity and that he is qualified to act in that capacity.

(b) A stockholder of record who pledges his shares may vote them, but, as between the pledgor and pledgee, this subsection does not affect the validity of any agreement between them as to the giving of proxies or the exercise of voting rights.

(c) (1) If stock is registered in the names of two or more persons, whether as fiduciaries, members of a partnership, joint tenants, tenants in common, tenants by the entirety, or otherwise, or if two or more persons have the same fiduciary relationship with respect to the same stock, unless the secretary of the corporation is given written notice to the contrary and is furnished with a copy of the instrument or order which so provides, their acts with respect to voting have the effects provided in this subsection.

(2) If only one votes, his vote binds all, and if more than one vote, the vote of the majority binds all.

(3) If more than one vote and the vote is evenly split on any particular matter:

(i) Each faction may vote the stock in question proportionally; or

(ii) Any person voting the stock or any beneficiary may apply to a court of competent jurisdiction to appoint an additional person to act with the persons voting the stock and the stock shall then be voted as determined by a majority of those persons and the person appointed by the court.

(4) If the instrument or order given to the secretary of the corporation shows that the interests are unequal, a majority or even split for the purpose of this subsection is a majority or even split in interest.
Md. Code, Family Law § 2-302 — MD Code / Article gfl / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250.
Md. Code, Tax - General § 2-102.2 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-102.2
§2–102.
Status: in_force

§2–102.2.

(a) In this section, “Division” means the Taxpayer Advocate Division.

(b) There is a Taxpayer Advocate Division in the Office of the Comptroller.

(c) (1) The head of the Division is the Taxpayer Advocate.

(2) The Taxpayer Advocate shall have:

(i) a background in customer service and tax law; and

(ii) experience representing individual taxpayers.

(3) Subject to the supervision of the Comptroller, the Taxpayer Advocate has administrative control over the Division.

(d) (1) The Comptroller shall select the Taxpayer Advocate and the employees of the Division, who may include employees from the Comptroller’s Office and residents of this State with knowledge of taxation.

(2) The Taxpayer Advocate shall appoint other officers and employees of the Division in accordance with the provisions of the State Personnel and Pensions Article.

(3) The Division shall include a minimum of six employees, including the Taxpayer Advocate, as well as appropriate support staff, one of whom shall have experience in the field of information technology to serve as webmaster.

(4) Officers and employees of the Division are entitled to a salary as provided in the State budget.

(5) The Department of Budget and Management, in coordination with the Office of the Comptroller, shall make appropriate allocations for personnel, including the ability to reclassify positions.

(e) The Division shall:

(1) be subject to all confidentiality and disclosure provisions applicable to the Comptroller’s Office;

(2) be responsible for assisting taxpayers and their representatives to ensure that taxpayers and their representatives understand and utilize the policies, processes, and procedures available for the resolution of problems related to tax programs and debt collection programs administered by the Comptroller;

(3) assist taxpayers in resolving problems with the Comptroller’s Office;

(4) identify areas in which taxpayers experience problems in dealing with the Comptroller’s Office;

(5) provide expeditious service to taxpayers whose problems are not resolved through ordinary channels;

(6) collaborate with other employees of the Comptroller’s Office to resolve the most complex and sensitive taxpayer problems;

(7) resolve systemic problems experienced by taxpayers;

(8) report to the Comptroller if, in the opinion of the Division, the Comptroller’s Office is administering a law improperly;

(9) participate and represent taxpayers’ interests and concerns in planning meetings, reviewing instructions, and formulating policies and procedures of the Comptroller’s Office;

(10) compile data each year on the number and type of taxpayer complaints and evaluate the actions taken to resolve the complaints;

(11) survey taxpayers each year to obtain their evaluation of the quality of service provided by the Comptroller’s Office;

(12) propose changes in the administrative practices of the Comptroller’s Office to mitigate issues in resolving problems and complaints identified under items (3) and (10) of this subsection;

(13) identify potential legislative or regulatory changes that may be appropriate to resolve any problems or complaints identified under items (3) and (10) of this subsection;

(14) establish an electronic portal on the Comptroller’s website where taxpayers can interact with the Division directly; and

(15) perform other related duties as assigned by the Comptroller in accordance with Title 13, Subtitle 1A of this article.
Md. Code, State Government § 2-1213 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1213
§2–1213.
Status: in_force

(a) (1) The Office shall receive and analyze requests from members of the General Assembly for reimbursement and from other persons for payment of legislative expenses, including:

(i) office rent;

(ii) secretarial and other services;

(iii) telephone and other communication expenses;

(iv) equipment;

(v) supplies; and

(vi) travel.

(2) The Office shall provide the reimbursement or make payments as provided in the State budget and account for the reimbursements and payments.

(3) The Office shall make payments and reimbursements consistent with the policies of the President and the Speaker, the Management Subcommittee, and the Legislative Policy Committee.

(b) (1) The President and the Speaker may authorize the Office to create accounts for revenues received from payment of fees or charges and to utilize the funds to provide services to individuals, organizations, or other units of State or local governments.

(2) Funds in the accounts may only be expended in accordance with the budget or by budget amendment.

(3) On directive by the President and the Speaker, unexpended revenues in the accounts may revert to the State or may be retained for expenditure in a subsequent budget.

(4) The Comptroller’s Office shall be notified of accounts created in accordance with this section.
Md. Code, Commercial Law § 2-706 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-706
§2–706.
Status: in_force

(1) Under the conditions stated in § 2-703 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under the provisions of this title (§ 2-710), but less expenses saved in consequence of the buyer’s breach.

(2) Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one or more contracts to sell or of identification to an existing contract of the seller. Sale may be as a unit or in parcels and at any time and place and on any terms but every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable. The resale must be reasonably identified as referring to the broken contract, but it is not necessary that the goods be in existence or that any or all of them have been identified to the contract before the breach.

(3) Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.

(4) Where the resale is at public sale

(a) Only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; and

(b) It must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice of the time and place of the resale; and

(c) If the goods are not to be within the view of those attending the sale the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders; and

(d) The seller may buy.

(5) A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one or more of the requirements of this section.

(6) The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (§ 2-707) or a buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of his security interest, as hereinafter defined (subsection (3) of § 2-711).
Md. Code, State Government § 2-1235 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1235
§2–1235.
Status: in_force

(a) This section does not apply to a performance evaluation conducted in accordance with the Maryland Program Evaluation Act.

(b) A performance evaluation conducted by the Office may include:

(1) evaluating the efficiency, effectiveness, and economy with which resources are used;

(2) determining whether desired program results are achieved;

(3) determining whether a program aligns with the unit’s mission;

(4) evaluating whether a program duplicates another program or activity within another unit;

(5) evaluating whether the governmental activity or unit under evaluation operates:

(i) in an open and accountable manner, with public access to records and meetings, safeguards against conflicts of interest, and opportunity for public participation; and

(ii) in a fair and nondiscriminatory manner that complies fully with law and State policy;

(6) determining the reliability of performance measures, as defined in § 3–1001 of the State Finance and Procurement Article, identified in:

(i) the managing for results agency strategic plan developed under § 3–1002(c) of the State Finance and Procurement Article; or

(ii) the StateStat strategic plan and performance measurement report submitted to the Secretary of Budget and Management under § 3–1003(d) of the State Finance and Procurement Article; and

(7) for a performance evaluation of a local school system:

(i) evaluating whether or not the school system is complying with federal and State laws and regulations;

(ii) analyzing grading standards, graduation requirements, assessments, procurement, and equitable use of resources among the schools within the system evaluated; and

(iii) identifying instances of fraud, waste, and abuse.
Md. Code, State Government § 2-106 — MD Code / Article gsg / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

(a) In this section, “Force” means the Legislative Security Force.

(b) There is a Legislative Security Force.

(c) The Force consists of the members of the Department of State Police who are assigned for duty with the General Assembly.

(d) Under the guidance of the presiding officers of the General Assembly, the Force shall maintain order during the conduct of the legislative process.
Md. Code, Courts and Judicial Proceedings § 2-319 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-319
§2–319.
Status: in_force

(a) This section applies only in Caroline County.

(b) The Sheriff of Caroline County shall receive an annual salary equal to 85% of the annual salary of the State’s Attorney for Caroline County.

(c) (1) The Sheriff may appoint:

(i) Deputy sheriffs and other personnel in accordance with the county budget; and

(ii) A chief deputy sheriff, or the managerial equivalent, who shall serve at the pleasure of the Sheriff.

(2) The Sheriff may not refuse to reappoint a deputy sheriff without just cause.
Md. Code, Commercial Law § 2-725 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-725
§2–725.
Status: in_force

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before Titles 1 through 10 of this article becomes effective.
Md. Code, Commercial Law § 2-508 — MD Code / Article gcl / Title 2 / Subtitle 5 / Section 2-508
§2–508.
Status: reserved

(1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.

(2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.
Md. Code, Public Utilities § 2-122 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-122
§2–122.
Status: in_force

(a) (1) On or before May 1 of each year, the Commission shall publish an annual report that summarizes the activities of the Commission that includes:

(i) a summary of each regulation, opinion, or order that the Commission adopted, entered, or passed during the year; and

(ii) any other information that the Commission considers of value.

(2) The Commission shall send a copy of the report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.

(b) Each year, the Commission shall publish a report that includes:

(1) the progress of the residential conservation service plan;

(2) Commission activities to moderate peak electric demand; and

(3) energy conservation measures taken by gas companies and electric companies in the State to reduce electrical and natural gas demand.
Md. Code, Courts and Judicial Proceedings § 2-205 — MD Code / Article gcj / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

(a) The clerk of a circuit court or the chief clerk of the District Court, under rules and regulations promulgated by the Supreme Court of Maryland, may authorize the destruction of pleadings, papers, and files in his custody which, because of their character, serve no useful purpose in being retained.

(b) Before any pleadings, papers, or files are destroyed, the proposed destruction shall be approved in writing by the judge exercising the functions of administrative judge in the county in the case of circuit court records or the Chief Judge of the District Court in the case of District Court records, and the records shall be disposed of in accordance with Title 10, Subtitle 6, Part III of the State Government Article.
Md. Code, State Finance and Procurement § 2-203 — MD Code / Article gsf / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

(a) (1) After consultation with the Department of Budget and Management, the Secretary of Planning shall adopt regulations that require a unit of the State government to submit information, as required in this section, on federal aid, including grants, instructional contracts, loans, research contracts, or other assistance.

(2) The regulations shall require a unit of the State government to obtain a State Application Identifier (SAI) from the Department of Planning.

(b) (1) Each 6 months, a unit shall submit a summary notice to the Department of Planning if, during the 6-month period that the notice covers, the unit has received an award of federal aid in the form of an instructional contract, instructional grant, research contract, or research grant.

(2) The summary notice shall state the amount of the award.

(c) (1) This subsection does not apply to an instructional contract, instructional grant, research contract, or research grant.

(2) When a unit applies for federal aid, the unit shall send to the Department of Planning a copy of the application.

(3) Within 30 days after a unit receives an award of federal aid, the unit shall submit to the Department of Planning a summary notice that states:

(i) the amount of the award; and

(ii) if the award is conditioned on matching funds:

1. the amount of those funds;

2. the source of those funds; and

3. the period for which those funds are required.
Md. Code, Business Occupations and Professions § 2-4A-01 — MD Code / Article gbo / Title 2 / Subtitle 4A / Section 2-4A-01
§2–4A–01.
Status: in_force

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

(b) “Engagement review” means a peer review that evaluates whether there is a reasonable basis for expressing limited assurance that:

(1) financial statements with which the individual or firm is associated conform in all material respects with professional standards; and

(2) reports and internal documentation of the work performed by the individual or firm conform with professional standards.

(c) “Fail” means, in connection with a report of a peer reviewer, one or more significant deficiencies in performing or reporting in conformity with professional standards in the individual or the firm being reviewed.

(d) “Peer review” means a study, appraisal, or review of one or more aspects of the professional work of an individual or firm performed by a person licensed as a certified public accountant.

(e) “Report indicating pass with deficiencies” means a report of a peer reviewer that indicates one or more deficiencies in performing or reporting in conformity with professional standards in the individual or firm being reviewed.

(f) “Review” means the analysis of a financial statement that:

(1) is performed in accordance with the Statements on Standards for Accounting and Review Services of the American Institute of Certified Public Accountants; and

(2) provides a licensee with a reasonable basis for expressing limited assurance that there are no material modifications that should be made to the statement in order for it to be in accordance with generally accepted accounting principles, or, if applicable, with any other comprehensive basis of accounting.

(g) “System review” means a peer review evaluating whether there is reasonable assurance that:

(1) the system of quality control of the individual or firm being reviewed is designed and operated in such a manner as to meet professional standards;

(2) financial statements with which the licensee or firm is associated conform in all material respects with professional standards; and

(3) reports and internal documentation of the work performed by the licensee or firm conform with professional standards.
Md. Code, Alcoholic Beverages and Cannabis § 2-174 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-174
§2–174.
Status: in_force

(a) A holder of a permit issued under this part may renew the permit each year if the holder:

(1) is otherwise entitled to hold a permit under this part;

(2) provides to the Executive Director and the Comptroller a copy of its current permit; and

(3) pays the Executive Director a renewal fee of $200.

(b) The Executive Director may deny a renewal application for a permit issued under this part if the holder fails to:

(1) file a tax return required under this subtitle;

(2) pay a fee or tax when due; or

(3) after receiving notice, comply with this article or a regulation that the Executive Director adopts under this article.
Md. Code, Alcoholic Beverages and Cannabis § 2-214 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-214
§2–214.
Status: in_force

(a) Except as otherwise provided with respect to a delivery permit issued under Subtitle 1, Part V or Part VIII of this title or a 1–day license in Division II of this article, and subject to subsection (b) of this section, a holder of a manufacturer’s license may not sell or deliver alcoholic beverages to a person in the State that does not hold a license or permit under this article.

(b) This section does not prohibit a holder of a Class 4 limited winery license and a Class 6 limited wine wholesaler’s license from also holding a Class A light wine license issued under Division II of this article.
Md. Code, General Provisions § 2-301 — MD Code / Article ggp / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

An individual elected or appointed to an office shall be deemed to have refused the office if the individual declines or neglects to take and subscribe the oath required by Article I, § 9 of the Maryland Constitution or by other State or local law:

(1) within 30 days after the office of a clerk of a circuit court receives the commission of the individual; or

(2) if the commission is not sent to a clerk of a circuit court, within 30 days after the individual receives the commission or the notice of appointment.
Md. Code, Business Regulation § 2-106.14 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.14
§2–106.
Status: in_force

§2–106.14.

(a) (1) In consultation with each board specified under § 2–106.9 of this subtitle, the Secretary shall annually calculate the direct and indirect costs attributable to each board.

(2) Each board shall establish fees based on the calculations provided by the Secretary under this section.

(3) Except for examination fees under §§ 4–303 and 5–306 of the Business Occupations and Professions Article, each fee established by an individual board may not be increased annually by more than 12.5% of the existing and corresponding fee of the board.

(b) In order to establish fees that more equitably distribute the costs associated with the operation of each board among similar boards, the Secretary may average the direct and indirect costs of the boards provided that the boards consent to having their direct and indirect costs averaged together.
Md. Code, Commercial Law § 2-723 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-723
§2–723.
Status: in_force

(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (§ 2-708 or § 2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.

(2) If evidence of a price prevailing at the times or places described in this title is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.

(3) Evidence of a relevant price prevailing at a time or place other than the one described in this title offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.
Md. Code, Commercial Law § 2-605 — MD Code / Article gcl / Title 2 / Subtitle 6 / Section 2-605
§2–605.
Status: in_force

(1) The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach

(a) Where the seller could have cured it if stated seasonably; or

(b) Between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.

(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
Md. Code, Health - General § 2-506 — MD Code / Article ghg / Title 2 / Subtitle 5 / Section 2-506
§2–506.
Status: in_force

On or before December 1 each year, the Office shall submit a report to the Secretary, the Governor, and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Finance Committee, the House Appropriations Committee, the House Health and Government Operations Committee, and the Joint Audit and Evaluation Committee on:

(1) The Office’s activities during the immediately preceding fiscal year, including:

(i) Investigations of fraud, waste, and abuse of departmental funds undertaken by the Office, including specific findings and recommendations related to the investigations;

(ii) A summary of matters referred to the Medicaid Fraud Control Unit by the Office;

(iii) Recoveries by the Office of mistaken claims paid or payments obtained in error or fraudulent claims paid to or obtained by a provider;

(iv) Recoveries by the Office of the cost of benefits mistakenly paid or obtained in error, or fraudulently paid to or obtained by a recipient; and

(v) A summary of matters referred to prosecutive authorities and the resulting prosecutions and convictions; and

(2) Any regulatory or statutory changes necessary to ensure compliance with applicable federal and State laws.
Md. Code, Health Occupations § 2-203 — MD Code / Article gho / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

(a) From among its members, the Board annually shall elect a chairman.

(b) The Board shall determine:

(1) The manner of election of officers; and

(2) The duties of each officer.
Md. Code, Natural Resources § 2-204 — MD Code / Article gnr / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: reserved

(a) There is a Commission of the Maryland Geological Survey in the Survey. It consists of five members appointed by the Secretary from among citizens of the State who have character, ability, and active interest in the proper development, use, and conservation of geologic, mineral, and water resources. The members shall select their own chairman. A member’s term of office is five years. The Secretary may remove any member for cause, and any vacancy shall be filled for the unexpired term. A member may not receive compensation for his services, but shall be reimbursed for necessary travel expenses and disbursements made in order to attend any meeting or perform any other official duty.

(b) The Commission shall advise the Director of the Survey with respect to any matter within the Survey’s jurisdiction.
Md. Code, Corporations and Associations § 2-705 — MD Code / Article gca / Title 2 / Subtitle 7 / Section 2-705
§2–705.
Status: in_force

(a) (1) If a defective corporate act ratified under this subtitle would have required the filing of a charter document with the Department under any provision of this article, the corporation shall file articles of validation in accordance with this section.

(2) If a charter document that was required to be filed with respect to the defective corporate act was not filed, the articles of validation required by this section shall be filed in lieu of the charter document that was not filed.

(b) Articles of validation required by this section shall include:

(1) The title and date of filing of any charter document previously filed with respect to the defective corporate act and any charter document that amended, supplemented, or corrected that charter document;

(2) A statement describing the defective corporate act;

(3) The date of the defective corporate act;

(4) A statement that the defective corporate act was ratified in accordance with this subtitle and a description of the manner of ratification; and

(5) (i) If a charter document was previously filed with respect to the defective corporate act and no change to the charter document is required to ratify the defective corporate act under § 2–702 of this subtitle, a statement that no change is made to the charter document;

(ii) If a charter document was previously filed with respect to the defective corporate act and a change to the charter document is required to ratify the defective corporate act under § 2–702 of this subtitle, a statement describing the change and all information required to be included under this title; or

(iii) If a charter document was not previously filed with respect to the defective corporate act and the defective corporate act ratified under § 2–702 of this subtitle would have required a charter document to be filed under this title, a statement of the section of this title under which the charter document was required to be filed and any information required to be included in the charter document under that section.
Md. Code, Housing and Community Development § 2-113 — MD Code / Article ghs / Title 2 / Subtitle 1 / Section 2-113
§2–113.
Status: in_force

(a) The Secretary is responsible for the coordination and direction of all planning initiatives of the Secretary.

(b) The Secretary shall keep apprised of and may approve, disapprove, or modify plans, proposals, and projects of the Department and its governmental units.
Md. Code, Commercial Law § 2-514 — MD Code / Article gcl / Title 2 / Subtitle 5 / Section 2-514
§2–514.
Status: in_force

Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise only on payment.
Md. Code, State Government § 2-1258 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1258
§2–1258.
Status: in_force

(a) (1) (i) On request of a member of the General Assembly, the Department shall provide the member with an annotated code of the public general laws of Maryland that is published by a publisher and produced in a format to be selected by the Executive Director.

(ii) An annotated code shall be provided to a member under this subsection only during the term of the member, at the end of which the annotated code shall be returned to the Department.

(iii) The Department shall keep the annotated code provided under this subsection current.

(2) On request, the Department shall provide one additional copy of an annotated code of Maryland to each:

(i) presiding officer;

(ii) pro tempore officer;

(iii) chair of a standing committee;

(iv) majority leader; and

(v) minority leader.

(b) A member shall return to the Department the code provided by the Department on or before the expiration of the member’s final term of office. If a member resigns or is removed from office before the expiration of the member’s term, the member shall promptly return the code to the Department.
Md. Code, Commercial Law § 2A-402 — MD Code / Article gcl / Title 2A / Subtitle 4 / Section 2A-402
§2A–402.
Status: in_force

If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:

(a) For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;

(b) Make demand pursuant to § 2A-401 and await assurance of future performance adequate under the circumstances of the particular case; or

(c) Resort to any right or remedy upon default under the lease contract or this title, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party’s performance and assurance and has urged retraction. In addition, whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this title on the lessor’s right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (§ 2A-524).
Md. Code, Alcoholic Beverages and Cannabis § 2-147 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-147
§2–147.
Status: in_force

The term of a direct wine shipper’s permit or a direct wine delivery permit is 1 year and begins on July 1.
Md. Code, Estates and Trusts § 2-203 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

(a) Except as provided in subsection (d) of this section with respect to an estate being administered or about to be administered in the office of the register, a register, deputy, clerk, or any other employee may not ask for, take, or receive from a person a fee, commission, gratuity, gift, or reward for performing a service.

(b) The service referred to in subsection (a) of this section includes:

(1) Giving advice;

(2) Referring business;

(3) Performing a service other than for actual expenses of travel incurred in connection with the probate of a will; or

(4) Acting as agent, representative or in any other capacity for a surety corporation for which compensation is given directly or indirectly.

(c) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each offense.

(d) This section does not apply to the payment of a fee authorized by § 2–206 of this subtitle.
Md. Code, Commercial Law § 2A-217 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-217
§2A–217.
Status: in_force

Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:

(a) When the lease contract is made if the lease contract is for a lease of goods that are existing and identified;

(b) When the goods are shipped, marked or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or

(c) When the young are conceived, if the lease contract is for a lease of unborn young of animals.
Md. Code, Commercial Law § 2-703 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-703
§2–703.
Status: in_force

Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (§ 2-612), then also with respect to the whole undelivered balance, the aggrieved seller may

(a) Withhold delivery of such goods;

(b) Stop delivery by any bailee as hereafter provided (§ 2-705);

(c) Proceed under the next section respecting goods still unidentified to the contract;

(d) Resell and recover damages as hereafter provided (§ 2-706);

(e) Recover damages for nonacceptance (§ 2-708) or in a proper case the price (§ 2-709);

(f) Cancel.
Md. Code, Transportation § 2-602 — MD Code / Article gtr / Title 2 / Subtitle 6 / Section 2-602
§2–602.
Status: in_force

The General Assembly finds that it is in the public interest for the State to include enhanced transportation facilities for pedestrians and bicycle riders as an essential component of the State’s transportation system, and declares that it is the policy of the State that:

(1) Access to and use of transportation facilities by pedestrians and bicycle riders shall be considered and best engineering practices regarding the needs of bicycle riders and pedestrians shall be employed in all phases of transportation planning, including highway design, construction, reconstruction, and repair as well as expansion and improvement of other transportation facilities;

(2) The modal administrations in the Department shall ensure that the State maintains an integrated transportation system by working cooperatively to remove barriers, including restrictions on bicycle access to mass transit, that impede the free movement of individuals from one mode of transportation to another;

(3) As to any new transportation project or improvement to an existing transportation facility, the Department shall work to ensure that transportation options for pedestrians and bicycle riders will be enhanced and that pedestrian and bicycle access to transportation facilities will not be negatively impacted by the project or improvement; and

(4) In developing the annual Consolidated Transportation Program, the Department shall:

(i) Ensure that there is an appropriate balance between funding for:

1. Projects that retrofit existing transportation projects with facilities for pedestrians and bicycle riders; and

2. New highway construction projects; and

(ii) In transit–oriented areas within priority funding areas, as defined in § 5–7B–02 of the State Finance and Procurement Article, place increased emphasis on projects that retrofit existing transportation projects with facilities for pedestrians and bicycle riders and increase accessibility for the greatest number of pedestrians and bicycle riders.
Md. Code, Alcoholic Beverages and Cannabis § 2-172 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-172
§2–172.
Status: in_force

The term of a permit issued under this part is 1 year and begins on July 1.
Md. Code, Health Occupations § 2-316 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-316
§2–316.
Status: in_force

(a) Except as provided in this section for an action under § 2–314 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) Any person aggrieved by a final decision of the Board under § 2–314 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.

(c) An order of the Board may not be stayed pending review.
Md. Code, State Government § 2-1256 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1256
§2–1256.
Status: in_force

The Department shall:

(1) keep a current list of the public local laws of the State;

(2) keep the list accessible to the members of the General Assembly at all times; and

(3) subject to § 2–1257 of this subtitle, annually submit the list to the General Assembly.
Md. Code, Commercial Law § 2-608 — MD Code / Article gcl / Title 2 / Subtitle 6 / Section 2-608
§2–608.
Status: in_force

(1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it

(a) On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or

(b) Without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller’s assurances.

(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.

(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.
Md. Code, Correctional Services § 2-102 — MD Code / Article gcs / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary of Public Safety and Correctional Services.

(2) The Secretary is the head of the Department.

(b) Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.

(c) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

(2) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on public safety, crime prevention, correction, parole, and probation.

(d) The Secretary is entitled to the compensation provided in the State budget.
Md. Code, Environment § 2-614 — MD Code / Article gen / Title 2 / Subtitle 6 / Section 2-614
§2–614.
Status: in_force

The Attorney General shall take charge of, prosecute, and defend on behalf of this State every case arising under the provisions of this subtitle, including the recovery of penalties.
Md. Code, Corporations and Associations § 2-602 — MD Code / Article gca / Title 2 / Subtitle 6 / Section 2-602
§2–602.
Status: in_force

(a) A corporation may amend its charter from time to time in any respect, provided that:

(1) The amendment may contain only provisions which lawfully could be contained in articles of incorporation at the time of the amendment;

(2) If the amendment effects a change in stock or in the rights of stockholders or effects an exchange, reclassification, or cancellation of stock, the amendment shall contain the provisions necessary to effect the change, exchange, reclassification, or cancellation; and

(3) If the amendment alters the contract rights, as expressly set forth in the charter, of any outstanding stock, and the charter does not reserve the right to make the amendment, any objecting stockholder whose rights are substantially adversely affected has the right to receive the fair value of his stock as an objecting stockholder under Title 3, Subtitle 2 of this article.

(b) In addition to the general power to amend granted in subsection (a) of this section, a corporation from time to time may amend its charter to:

(1) Change its corporate name;

(2) Change, enlarge, or diminish its purposes or the duration of its existence;

(3) Exchange, classify, reclassify, or cancel any of its issued or unissued stock;

(4) Change the designation of any of its issued or unissued stock;

(5) Increase or decrease the aggregate number of shares of stock or the number of shares of stock of any class which it may issue;

(6) Increase or decrease the par value of issued or unissued authorized stock of any class with par value;

(7) Change issued or unissued shares of stock with par value into the same or a different number of shares without par value and change issued or unissued shares of stock without par value into the same or a different number of shares with par value;

(8) Change issued or unissued shares of stock of any class, whether with or without par value, into a different number of shares of the same class or into the same or a different number of shares of another class, either with or without par value;

(9) Change the preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption of any of its issued or unissued stock; and

(10) Cancel or otherwise affect the right of the stockholders of any class to receive dividends which have accrued but have not been declared.
Md. Code, Health - General § 2-702 — MD Code / Article ghg / Title 2 / Subtitle 7 / Section 2-702
§2–702.
Status: in_force

(a) Subject to the requirements of this subtitle, the Inspector General, or a contractor or an agent acting on behalf of the Inspector General, may use extrapolation during an audit to recover an overpayment from a provider if:

(1) The federal government has also conducted an audit of the program for overpayment; and

(2) The monetary recovery amount determined to be due by the program to the federal government is based on the federal government’s use of extrapolation.

(b) An audit conducted by the Inspector General or a contractor or agent acting on behalf of the Inspector General under subsection (a) of this section shall be limited to the scope of the federal audit, including claims for the same audit time period and the same type of claims.
Md. Code, Business Regulation § 2-109 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-109
§2–109.
Status: in_force

(a) With the approval of the Governor, the Secretary may create advisory units.

(b) (1) Each advisory unit created under this section shall include at least 1 consumer member.

(2) Each consumer member of an advisory unit created under this section shall be a member of the general public.

(3) A consumer member of an advisory unit created under this section may not be required to meet the qualifications for the professional members of the unit.
Md. Code, Business Regulation § 2-106.6 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.6
§2–106.
Status: in_force

§2–106.6.

(a) In this section, “Board” means the State Board of Public Accountancy.

(b) In consultation with the Board, the Secretary shall annually calculate the direct and indirect costs attributable to the Board.

(c) Beginning on July 1, 2008, the Board shall establish fees based on the calculations provided by the Secretary under this section.

(d) Each fee established by the Board may not be increased annually by more than 12.5% of the existing and corresponding fee of the Board.
Md. Code, Human Services § 2-210 — MD Code / Article ghu / Title 2 / Subtitle 2 / Section 2-210
§2–210.
Status: in_force

The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department.
Md. Code, Agriculture § 2-204 — MD Code / Article gag / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(a) The Commission may elect from among its appointed members a chairman, vice-chairman, secretary, and other officers it deems appropriate. The officers have the duties and responsibilities usually incumbent upon these officers.

(b) The Commission shall meet every month, unless by majority vote it decides otherwise. The Commission also shall meet when called by the Secretary.

(c) The Commission shall employ a full-time executive secretary whose minimum duties shall be to carry out the work of the Commission, and to assist the Secretary in the promotion of the agricultural industry. He shall maintain an office in the City of Annapolis. The Commission, with the approval of the Secretary, shall determine the salary of the executive secretary.

(d) All salaries and expenses for rent, stenographic and clerical help, stationery, postage, and miscellaneous office materials necessary for the work of the Commission and executive secretary shall be provided in the State budget. The members of the Commission may not receive a salary, but shall be reimbursed for reasonable expenses incurred in attending meetings and other business of the Commission.
Md. Code, State Government § 2-1227 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1227
§2–1227.
Status: in_force

A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 if the person:

(1) fails to comply promptly with process that the Legislative Auditor issues under this Part IV of this subtitle; or

(2) violates any provision of § 2–1224(b) or § 2–1226 of this subtitle.
Md. Code, Housing and Community Development § 2-303 — MD Code / Article ghs / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: in_force

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

(2) “Common ownership community” means:

(i) a condominium, as defined in § 11–101 of the Real Property Article;

(ii) a cooperative housing corporation, as defined in § 5–6B–01 of the Corporations and Associations Article; or

(iii) a homeowners association, as defined in § 11B–101 of the Real Property Article.

(3) “Local common ownership community program” means a program operated by a local jurisdiction for the regulation or oversight of common ownership communities.

(b) The Department shall establish and maintain a website that provides information for individuals living in a common ownership community.

(c) The Department shall make publicly available on the website:

(1) a hyperlink to the website of each local common ownership community program in the State;

(2) information on statewide legislation enacted in the prior legislative session regarding the rights and responsibilities of individuals living in a common ownership community, including, for each bill that is enacted:

(i) the bill title;

(ii) the bill and chapter number;

(iii) the effective date of the bill; and

(iv) a hyperlink to the bill information on the General Assembly website;

(3) (i) a summary of the requirements for the governing body of a common ownership community and for an individual seeking to install electric vehicle recharging equipment in a common ownership community under § 5–6B–23.1 of the Corporations and Associations Article and §§ 11–111.4 and 11B–111.8 of the Real Property Article;

(ii) information on contractors, including specific information on contractors certified through labor–management training programs, and insurers for the installation of electric vehicle recharging equipment in a common ownership community; and

(iii) a point of contact in the Department to assist individuals with questions relating to electric vehicle recharging equipment in common ownership communities; and

(4) information on resources available to individuals living in common ownership communities to aid in dispute resolution between the individual and the common ownership community.

(d) The information required under subsection (c)(2) of this section shall be posted on the Department’s common ownership community website on or before June 1 each year.
Md. Code, State Personnel and Pensions § 2-515 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-515
§2–515.
Status: in_force

(a) This section applies to the Tri-County Council for Southern Maryland, the Tri-County Council for Western Maryland, the Tri-County Council for the Lower Eastern Shore of Maryland, and the Mid-Shore Regional Council.

(b) An employee of a council subject to this section may enroll and participate in the health insurance benefit options established under the Program with the approval of the council.

(c) A council subject to this section shall:

(1) pay to the State the total costs resulting from the participation of its employees in the Program; and

(2) determine the extent to which the council will subsidize participation of its employees in the Program.
Md. Code, Health Occupations § 2-314.1 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-314.1
§2–314.
Status: in_force

§2–314.1.

(a) In this section, “medical examination” means a physical examination of the ear of an individual by an otolaryngologist, otologist, or other physician.

(b) (1) Before an audiologist or a hearing aid dispenser sells a hearing aid to an individual, the audiologist or hearing aid dispenser shall determine whether the individual has had a medical examination within the 6 months before the hearing aid service is to be provided.

(2) Unless an audiologist or a hearing aid dispenser determines that an individual has had a medical examination within the period set under paragraph (1) of this subsection, the audiologist or hearing aid dispenser:

(i) Shall give the individual a written recommendation that the individual obtain a medical examination; and

(ii) Except as provided in subsection (c) of this section, may not sell a hearing aid to the individual until the individual provides to the audiologist or the hearing aid dispenser satisfactory written evidence that the individual has had a medical examination within the 6 months before the hearing aid is provided.

(c) (1) An audiologist or a hearing aid dispenser may sell a hearing aid to an individual without complying with the requirements of subsection (b)(2)(ii) of this section only if the services are:

(i) Limited to replacement of a hearing aid; or

(ii) Provided to an individual who:

1. Is at least 18 years old; and

2. Before a hearing aid is provided, signs a written waiver of the medical examination that otherwise is required under subsection (b)(2)(ii) of this section.

(2) Each audiologist or hearing aid dispenser shall keep a copy of each signed waiver.
Md. Code, Public Utilities § 2-114 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-114
§2–114.
Status: in_force

To inspect a plant of a public service company, the Commission may:

(1) have access to the plant;

(2) set up and use equipment in the plant as needed; and

(3) occupy space in the plant as the Commission considers reasonably necessary to inspect or test.
Md. Code, Courts and Judicial Proceedings § 2-502 — MD Code / Article gcj / Title 2 / Subtitle 5 / Section 2-502
§2–502.
Status: in_force

Each clerk of a circuit court shall keep permanently a test book containing the oaths of office and signatures of every individual who takes the oath before the clerk.
Md. Code, Health Occupations § 2-307.3 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-307.3
§2–307.
Status: in_force

§2–307.3.

A license to assist in the practice of speech–language pathology authorizes the licensee to assist a speech–language pathologist in the practice of speech–language pathology while the license is effective.
Md. Code, Public Safety § 2-301 — MD Code / Article gps / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

(a) (1) The Department has the general duty to safeguard the lives and safety of all persons in the State, to protect property, and to assist in securing to all persons the equal protection of the laws.

(2) Specifically, this duty includes the responsibility to:

(i) preserve the public peace;

(ii) detect and prevent the commission of crime;

(iii) enforce the laws and ordinances of the State, counties, and municipal corporations;

(iv) apprehend and arrest criminals and those who violate or are lawfully accused of violating the laws and ordinances of the State, counties, and municipal corporations;

(v) preserve order at public places;

(vi) maintain the safe and orderly flow of traffic on public streets and highways;

(vii) cooperate with and assist law enforcement agencies in carrying out their respective duties;

(viii) investigate any death of an incarcerated individual suspected to be a homicide within or outside a correctional facility as provided in § 9–602.1 of the Correctional Services Article; and

(ix) discharge the duties and responsibilities of the Department with the dignity and in a manner that will inspire public confidence and respect.

(b) The Department shall:

(1) administer the laws that relate to:

(i) the sales of pistols and revolvers;

(ii) the licensing and supervision of private detective agencies;

(iii) the certification of private detectives and security guards;

(iv) the registration of eavesdropping or wiretapping devices; and

(v) the inspection of classes of motor vehicles as provided elsewhere in the Code; and

(2) perform any other duty that may be assigned by the General Assembly.
Md. Code, State Personnel and Pensions § 2-801 — MD Code / Article gsp / Title 2 / Subtitle 8 / Section 2-801
§2–801.
Status: in_force

(a) This section applies to all units in the Executive, Judicial, and Legislative branches of State government, including any unit with an independent personnel system.

(b) An appointing authority may not hire an individual who has been terminated with prejudice from State service.
Md. Code, Criminal Law § 2-508 — MD Code / Article gcr / Title 2 / Subtitle 5 / Section 2-508
§2–508.
Status: in_force

The clerk of the court shall notify the Motor Vehicle Administration of each person convicted under this subtitle of a crime involving a motor vehicle.
Md. Code, Corporations and Associations § 2-514 — MD Code / Article gca / Title 2 / Subtitle 5 / Section 2-514
§2–514.
Status: in_force

(a) The charter or bylaws of a corporation may provide and, unless the charter or bylaws provide otherwise, the board of directors may adopt by resolution a procedure by which a stockholder of the corporation may certify in writing to the corporation that any shares of stock registered in the name of the stockholder are held for the account of a specified person other than the stockholder.

(b) The resolution shall set forth:

(1) The class of stockholders who may certify;

(2) The purpose for which the certification may be made;

(3) The form of certification and the information to be contained in it;

(4) If the certification is with respect to a record date or closing of the stock transfer books, the time after the record date or closing of the stock transfer books within which the certification must be received by the corporation; and

(5) Any other provisions with respect to the procedure which the board considers necessary or desirable.

(c) On receipt of a certification which complies with the procedure adopted by the board in accordance with this section, the person specified in the certification is, for the purpose set forth in the certification, the holder of record of the specified stock in place of the stockholder who makes the certification.
Md. Code, State Personnel and Pensions § 2-402 — MD Code / Article gsp / Title 2 / Subtitle 4 / Section 2-402
§2–402.
Status: in_force

(a) Except as provided in subsection (b) of this section and notwithstanding any other law, the Central Payroll Bureau of the Office of the State Comptroller shall provide for the payment of all wages to:

(1) each officer and employee of the State who is paid from funds appropriated by the General Assembly; and

(2) whether or not paid from funds appropriated by the General Assembly, each officer and employee of:

(i) the University System of Maryland;

(ii) Morgan State University;

(iii) St. Mary’s College of Maryland; and

(iv) Baltimore City Community College.

(b) The Central Payroll Bureau shall maintain all supporting payroll records for the payment of wages under this section.

(c) (1) In this subsection:

(i) “wage” means all compensation that is due to an employee; and

(ii) “wage” includes:

1. a bonus;

2. a commission;

3. a fringe benefit;

4. overtime wages;

5. premium pay; or

6. any other remuneration promised for service.

(2) The Central Payroll Bureau shall:

(i) establish regular pay periods; and

(ii) except as provided in paragraph (3) of this subsection, pay each employee at least once every 2 weeks or twice each month.

(3) The Central Payroll Bureau may pay an administrative, an executive, or a professional employee less frequently than required under paragraph (2)(ii) of this subsection.

(d) Each appointing authority shall accurately and timely calculate and report to the Central Payroll Bureau the payroll information for each employee.
Md. Code, Agriculture § 2-304 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-304
§2–304.
Status: in_force

(a) The Board may:

(1) Adopt rules and regulations to effectuate this subtitle;

(2) Engage additional employees for professional, clerical, and special work as necessary and as provided in the State budget;

(3) Subpoena any witness to take his testimony;

(4) Require production of books, papers, records, and other documentary evidence, and examine them in relation to any matter which the Board may investigate or hear; and

(5) Establish reasonable standards for the practice of veterinary medicine, including conduct and ethics.

(b) Members or their designated inspectors may enter veterinary facilities at any reasonable hour to enforce the Board rules and regulations.

(c) The Board shall maintain an office within the State and a telephone number listed for use by the general public.

(d) The Board shall inspect every veterinary hospital facility in the State at least once every 2 years.

(e) On or before December 31 each year, the Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the Board’s disciplinary activities for the previous fiscal year.
Md. Code, Public Utilities § 2-118 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-118
§2–118.
Status: in_force

(a) This section does not apply to:

(1) taxicabs;

(2) powerboat companies;

(3) toll bridges;

(4) towing and lightering companies; or

(5) small rural electric cooperatives described in § 7-502(a) of this article.

(b) The Commission shall require each public service company subject to its jurisdiction to formulate and, after approval by the Commission, to implement long-range plans to provide regulated service.

(c) The Commission shall require each electric company in the State to include in the long-range plan adequate, cost-effective provisions to promote energy conservation to decrease or moderate electric and, as appropriate, natural gas demand for regulated service from customers.

(d) (1) The Commission shall review each plan for adequacy under the criteria of § 2-113 of this subtitle, giving attention to the interrelationship of services of other public service companies and to provisions for research and development to ensure adequate service.

(2) As part of the review, and subject to any applicable Freedom of Information Act, the Commission shall consult with other State units and provide an opportunity for public comment.

(3) The Commission shall require the revisions to a plan that the Commission considers appropriate unless the authority to review and approve a plan has been granted to another State unit by other law.
Md. Code, Alcoholic Beverages and Cannabis § 2-107 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

A license or permit is not required for the manufacture of family wine, beer, or cider that is:

(1) exclusively for home consumption, competition, or use in a licensed national family wine exhibition; and

(2) not for sale.
Md. Code, Agriculture § 2-503 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: reserved

(a) (1) The Maryland Agricultural Land Preservation Foundation shall be governed and administered by a board of trustees composed of:

(i) The Comptroller, the Secretary of Planning, and the Secretary, all of whom shall serve as ex officio members;

(ii) Nine members from the State at–large to be appointed by the Governor, at least six of whom shall be farmer representatives who are engaged in or retired from active farming from different areas of the State, and four of whom shall be appointed as follows:

1. One from a list of three nominees submitted by the Maryland Agricultural Commission;

2. One from a list of three nominees submitted by the Maryland Farm Bureau;

3. One from a list of three nominees submitted by the Maryland State Grange; and

4. One from a list of three nominees submitted by the Committee on Young Farmers; and

(iii) Any designee appointed by an ex officio member under paragraph (3) of this subsection.

(2) Nominees under paragraph (1)(ii)4 of this subsection shall meet the requirements of § 2–1002(d) of this title.

(3) Each ex officio member of the board of trustees may appoint a designee to serve in the member’s place on the board.

(4) The Governor shall appoint the chairman of the board, from among the nine at–large trustees.

(5) A majority of the members of the board serving at any one time constitutes a quorum for the transaction of business.

(6) Notwithstanding the provisions of §§ 5–502 through 5–504 of the General Provisions Article, a person may be appointed to and serve on the board as an at–large member even if prior to the appointment the person sold an easement in the person’s agricultural land to the Foundation.

(b) (1) The term of any trustee at–large serving on the board shall expire on July 1, 1977. The Governor then shall appoint trustees at–large for the following terms:

(i) Three for a term of four years;

(ii) Three for a term of three years; and

(iii) Three for a term of two years.

(2) In appointing members at–large to replace members whose terms expire on July 1, 1977, the Governor may appoint members serving as of July 1, 1977. Thereafter, successors to trustees at–large whose terms expire shall be appointed for terms of four years. Vacancies shall be filled for the unexpired term. A trustee at–large may not serve more than two successive terms. Appointment to fill a vacancy may not be considered as one of two terms.

(c) Trustees at–large shall take the oath of office as prescribed by law.

(d) Compensation may not be paid to any trustee. Each trustee shall be reimbursed for travel and other expenses incurred by him in the performance of his duties on behalf of the Foundation.
Md. Code, Tax - Property § 2-109 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-109
§2–109.
Status: in_force

The Secretary of Budget and Management, after consultation with the Department, shall:

(1) set schedules of classifications and salaries for all employees of the Department in accordance with the provisions of Division I of the State Personnel and Pensions Article; and

(2) set minimum education or experience qualifications for:

(i) all supervisors;

(ii) all assessor classifications; and

(iii) all clerical classifications in the Department.
Md. Code, Public Safety § 2-416 — MD Code / Article gps / Title 2 / Subtitle 4 / Section 2-416
§2–416.
Status: in_force

Resignation of an employee is not valid until accepted by the Secretary, but the Secretary may not withhold acceptance unless proceedings for termination are contemplated or pending.
Md. Code, Corporations and Associations § 2-210 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-210
§2–210.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, each stockholder is entitled to stock certificates that represent and certify the shares of stock the stockholder holds in the corporation.

(b) A stock certificate may not be issued until the stock represented by it is fully paid.

(c) (1) Unless the charter or bylaws provide otherwise, the board of directors of a corporation may authorize the issue of some or all of the shares of any or all of its classes or series without certificates.

(2) The authorization under paragraph (1) of this subsection does not affect shares already represented by certificates until they are surrendered to the corporation.

(3) For shares issued without certificates, on request by a stockholder, the corporation shall send the stockholder, without charge, a statement in writing or by electronic transmission of the information required on certificates by § 2–211 of this subtitle.

(d) A corporation may not issue a stock certificate in bearer form.
Md. Code, Correctional Services § 2-118 — MD Code / Article gcs / Title 2 / Subtitle 1 / Section 2-118
§2–118.
Status: in_force

(a) This section applies to incarcerated individuals in a State correctional facility.

(b) (1) Except as provided in paragraph (2) of this subsection, the Secretary shall assess a reasonable fee not to exceed $4 for each visit by an incarcerated individual to a medical unit, physician, dentist, or optometrist for health care services.

(2) The Secretary may not assess a fee for health care services that are:

(i) required as a part of the intake process;

(ii) required for an initial physical examination;

(iii) due to a referral by a nurse or physician’s assistant;

(iv) provided during a follow–up visit that is initiated by a medical professional from the correctional facility;

(v) required for necessary treatment; or

(vi) initiated by a medical or mental health staff member of the correctional facility.

(c) The Secretary shall adopt regulations to implement and collect the fees required by this section.
Md. Code, Business Occupations and Professions § 2-409 — MD Code / Article gbo / Title 2 / Subtitle 4 / Section 2-409
§2–409.
Status: in_force

The surviving partner of a partnership that holds a permit may use the partnership name for 1 year after the death of the next to the last partner.
Md. Code, Corporations and Associations § 2-416 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-416
§2–416.
Status: in_force

(a) A corporation may lend money to, guarantee an obligation of, or otherwise assist an officer or other employee of the corporation or of its direct or indirect subsidiary, including an officer or employee who is a director of the corporation or the subsidiary, if the loan, guarantee, or assistance:

(1) In the judgment of the directors, reasonably may be expected to benefit the corporation; or

(2) Is an advance made against indemnification in accordance with § 2-418(f) of this subtitle.

(b) The loan, guarantee, or other assistance may be:

(1) With or without interest;

(2) Unsecured; or

(3) Secured in any manner that the board of directors approves, including a pledge of the stock of the corporation.
Md. Code, Education § 2-104 — MD Code / Article ged / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

(a) The following employees shall be appointed to positions in the Department:

(1) No more than three Deputy State Superintendents of Schools;

(2) Any assistant State superintendents and directors authorized by the State Board and provided in the State budget; and

(3) Any other employees to fill positions authorized by the State Board and provided in the State budget.

(b) (1) (i) From the nominees proposed by the State Superintendent, the State Board shall appoint all employees to positions in the Department.

(ii) Except as provided in § 6–405(a)(3) of the State Personnel and Pensions Article, all positions shall be in the executive service, management service, professional service, or skilled service in the State Personnel Management System.

(2) With the advice of the State Superintendent, the State Board shall set the qualifications for each position in the Department.

(3) The State Superintendent may transfer employees within the Department as necessary.

(c) (1) All employees who are assigned to the executive service or management service or who are special appointees shall serve at the pleasure of the State Board and the State Superintendent.

(2) All employees in the professional or skilled service shall be removed in accordance with procedures set forth in § 2–105 of this subtitle and Title 11 of the State Personnel and Pensions Article.

(d) (1) In addition to the other duties specified in this section, each employee in the Department has the duties assigned to the employee by the State Superintendent.

(2) The Deputy State Superintendent designated by the State Superintendent or by the State Board is the acting State Superintendent when the State Superintendent is absent or disabled.

(3) Assistant State superintendents and directors have charge of the various divisions of the Department.
Md. Code, Health - General § 2-304 — MD Code / Article ghg / Title 2 / Subtitle 3 / Section 2-304
§2–304.
Status: in_force

The appropriations described in this subtitle shall be used for programs, including related administrative expenses, directed at the following:

(1) Communicable disease control services;

(2) Environmental health services;

(3) Family planning services;

(4) Maternal and child health services;

(5) Wellness promotion services;

(6) Adult health and geriatric services;

(7) Data management and exchange services regarding communicable diseases and other health matters, as allowed under federal and State law;

(8) Providing protective equipment for nurses, physician assistants, physicians, and other health care personnel in contact with patients;

(9) Providing equipment, medication, and other materials determined to be appropriate to prepare for potential communicable disease emergencies, or other public health emergencies; and

(10) Administration and communication services associated with the provision of the services described in items (1) through (9) of this section.
Md. Code, General Provisions § 2-201 — MD Code / Article ggp / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

An individual who administers an oath shall require the individual taking an oath to hold up a hand in recognition of the solemnity of the act unless:

(1) holding up a hand is not practicable; or

(2) it appears that another method would be more binding on the conscience of the individual taking the oath.
Md. Code, State Government § 2-1239 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1239
§2–1239.
Status: in_force

(a) (1) In addition to the reports under § 2–1238 of this subtitle, the Director shall report an apparent violation of law by a unit of State government or other body that is examined.

(2) A report under this subsection shall be submitted to:

(i) the Joint Audit and Evaluation Committee;

(ii) the Executive Director;

(iii) the unit or body that is the subject of the report; and

(iv) the Office of the Attorney General.

(b) (1) If the Director discovers any alleged criminal violation by a person during the course of a performance evaluation, the Director shall report the alleged violation to the Attorney General and the appropriate State’s Attorney.

(2) A report under this subsection shall ask the Attorney General and State’s Attorney to take appropriate action.

(3) Unless the Attorney General or State’s Attorney decides to prosecute an alleged criminal violation reported under this subsection, the Attorney General and State’s Attorney shall keep the report of the Director under this subsection confidential.

(4) The Attorney General may investigate and prosecute any alleged criminal violation reported under this subsection and has all the powers and duties of a State’s Attorney, including the use of a grand jury in any county, to investigate and prosecute the alleged violation.

(c) (1) The Office of the Attorney General shall respond, in writing, to a report received from the Director under this section.

(2) The response of the Attorney General shall include what actions, if any, were taken as a result of the findings of the Director.

(3) The response of the Attorney General shall be submitted to:

(i) the Joint Audit and Evaluation Committee;

(ii) the Executive Director;

(iii) the unit or body that is the subject of the report; and

(iv) the Director.
Md. Code, Commercial Law § 2A-532 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-532
§2A–532.
Status: in_force

In addition to any other recovery permitted by this title or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor’s residual interest in the goods caused by the default of the lessee.
Md. Code, State Government § 2-801 — MD Code / Article gsg / Title 2 / Subtitle 8 / Section 2-801
§2–801.
Status: in_force

In this subtitle, “Committee” means the Joint Committee on the Management of Public Funds.
Md. Code, Alcoholic Beverages and Cannabis § 2-126 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-126
§2–126.
Status: in_force

(a) There is a solicitor’s permit.

(b) The permit holder may be a resident or a nonresident of the State.

(c) The permit authorizes the holder to promote, sell, or offer for sale beer, wine, or distilled spirits to holders of manufacturer’s, wholesaler’s, or retail licenses.

(d) (1) The permit holder:

(i) may not contact consumers; and

(ii) subject to paragraph (2) of this subsection, may not sell, promote, or offer for sale alcoholic beverages to retail dealers, if employed by a resident dealer or a nonresident dealer.

(2) The prohibition under paragraph (1)(ii) of this subsection does not apply if the account is for a State wholesaler or manufacturer that is a distributor for the products of the employer of the permit holder.

(e) The permit fee is $50.
Md. Code, Housing and Community Development § 2-202 — MD Code / Article ghs / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) (1) The Department shall establish advisory councils, boards, and committees as the Governor and the Secretary determine.

(2) The Governor and the Secretary shall determine:

(i) the size of the advisory bodies;

(ii) the qualifications, method of appointment, terms, and compensation of members;

(iii) the manner of removal of members; and

(iv) the method of filling vacancies.

(b) The advisory units shall advise and assist the Secretary on policies, programs, and activities of the Department.
Md. Code, Agriculture § 2-509.1 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-509.1
§2–509.
Status: reserved

§2–509.1.

(a) Effective July 1, 2007, districts may not be a requirement for the easement application process to the Foundation.

(b) (1) Except as provided in paragraph (2) of this subsection, as of June 30, 2012, all districts held by the Foundation shall be terminated and a landowner may not be bound to the terms of any Foundation district agreement.

(2) The following agricultural land preservation districts shall remain in force and may not be terminated:

(i) Any district in which an easement has been transferred to the Foundation; and

(ii) Any district established to provide a property tax credit to a landowner.
Md. Code, Commercial Law § 2-610 — MD Code / Article gcl / Title 2 / Subtitle 6 / Section 2-610
§2–610.
Status: in_force

When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may

(a) For a commercially reasonable time await performance by the repudiating party; or

(b) Resort to any remedy for breach (§ 2-703 or § 2-711), even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction; and

(c) In either case suspend his own performance or proceed in accordance with the provisions of this title on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (§ 2-704).
Md. Code, Economic Development § 2-103 — MD Code / Article gec / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

(a) The Secretary shall:

(1) consult with and advise secretaries of other principal departments on coordination of the activities of the departments that relate to economic development policy and implementation efforts in the State;

(2) establish guidelines and procedures to promote the orderly and efficient administration of the Department; and

(3) monitor the activities of and coordinate policy for:

(i) the Maryland Economic Development Corporation;

(ii) the Maryland Technology Development Corporation; and

(iii) the Maryland Public–Private Partnership Marketing Corporation.

(b) The Secretary may establish, reorganize, or abolish areas of responsibility in the office of the Secretary as necessary to fulfill effectively the duties assigned to the Secretary.
Md. Code, Alcoholic Beverages and Cannabis § 2-143 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-143
§2–143.
Status: in_force

(a) A person shall be issued a direct wine shipper’s permit by the Executive Director before the person may engage in shipping wine directly to a consumer in the State.

(b) Before a licensed manufacturer may engage in delivering wine directly to a consumer in the State, the manufacturer shall be issued a direct wine delivery permit.
Md. Code, Commercial Law § 2A-523 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-523
§2A–523.
Status: in_force

(1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (§ 2A-510), the lessee is in default under the lease contract and the lessor may:

(a) Cancel the lease contract (§ 2A-505(1));

(b) Proceed respecting goods not identified to the lease contract (§ 2A-524);

(c) Withhold delivery of the goods and take possession of goods previously delivered (§ 2A-525);

(d) Stop delivery of the goods by any bailee (§ 2A-526);

(e) Dispose of the goods and recover damages (§ 2A-527), or retain the goods and recover damages (§ 2A-528), or in a proper case recover rent (§ 2A-529);

(f) Exercise any other rights or pursue any other remedy provided in the lease contract.

(2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1), the lessor may recover the loss resulting in the ordinary course of events from the lessee’s default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee’s breach.

(3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract:

(a) If the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsection (1) or (2); or

(b) If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2).
Md. Code, Alcoholic Beverages and Cannabis § 2-313 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-313
§2–313.
Status: in_force

(a) Subject to subsection (b) of this section, a holder of a wholesaler’s license may not sell or deliver alcoholic beverages to a person in the State that does not hold a license or permit under this article.

(b) This section does not prohibit a holder of a Class 4 limited winery license and a Class 6 limited wine wholesaler’s license from also holding a Class A light wine license or a Class A wine license issued under Division II of this article.
Md. Code, Economic Development § 2-101 — MD Code / Article gec / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

(a) (1) The Secretary is the head of economic development policy and implementation efforts in the State.

(2) The Secretary is the head of and is responsible for the operations of the Department of Commerce established under Title 2.5 of this article.

(b) (1) The Secretary also monitors the operations of:

(i) the Maryland Economic Development Corporation established under Title 10, Subtitle 1 of this article;

(ii) the Maryland Technology Development Corporation established under Title 10, Subtitle 4 of this article; and

(iii) the Maryland Public–Private Partnership Marketing Corporation established under Title 10, Subtitle 9 of this article.

(2) Nothing in this subsection may be construed to limit the independence or operations of these corporations.
Md. Code, Corporations and Associations § 2-205 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

(a) For a corporation incorporated on or after October 1, 1995, unless the charter expressly grants such rights to the stockholder, a stockholder does not have any preemptive right to subscribe to:

(1) Any additional issue of stock; or

(2) Any security convertible into an additional issue of stock.

(b) For a corporation incorporated before October 1, 1995, a stockholder shall have preemptive rights as and to the extent in existence before October 1, 1995, unless and until expressly changed or terminated by charter amendment.

(c) (1) A stockholder to whom a preemptive right has been granted may waive the preemptive right.

(2) A written waiver of a preemptive right is irrevocable even though it is not supported by consideration.