Md. Code, Labor and Employment § 8-612 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-612
§8–612.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, on the basis of the earned rating record of an employing unit that qualifies for an earned rate of contribution under § 8–610 of this subtitle, the Secretary shall compute to the 4th decimal place a benefit ratio for the employing unit in accordance with subsection (b) or (c) of this section.

(2) Subject to § 8–605.1(b) of this subtitle, the Secretary may not assign an earned rate of contribution that is less than 0.3% or more than 13.5%.

(b) For an employing unit that qualifies under § 8–610(a)(2) of this subtitle, the Secretary shall compute a benefit ratio by:

(1) adding the regular, work sharing, and extended benefits that were chargeable to the earned rating record of the employing unit and paid during the 3 rating years immediately preceding the computation date; and

(2) dividing the figure determined under item (1) of this subsection by the total of the reported taxable wages for the same period.

(c) For an employing unit that qualifies under § 8–610(a)(3) of this subtitle, the Secretary shall compute a benefit ratio for the employing unit by:

(1) adding the regular, work sharing, and extended benefits that were chargeable to the earned rating record of the employing unit and paid during the period beginning with the 1st day of the calendar quarter in which the employing unit first became subject to this title and ending on the June 30 immediately preceding the computation date; and

(2) dividing the figure obtained under item (1) of this subsection by the total of the reported taxable wages for the same period.

(d) (1) Except as provided in subsection (f) of this section, for any calendar year beginning on or after January 1, 2006, when the Unemployment Insurance Fund balance on September 30 of the immediately preceding calendar year exceeds 5% of the total taxable wages in covered employment for the 4 completed calendar quarters immediately preceding September 30, the Table of Rates in this paragraph of this subsection shall apply.

Table of Rates – Table A

Employing Employing

Unit’s Benefit Unit’s

Ratio Rate

(1) .0000�––����������…...…………....……………………………….………… 0.30%

(2) .0001�––�.0027.…………………………………………………………… 0.60%

(3) .0028�––�.0054……………………………………………….…………… 0.90%

(4) .0055�––�.0081………………………………………………….………… 1.20%

(5) .0082�––�.0108……………………………………………….…………… 1.50%

(6) .0109�––�.0135.…………………………………………………………… 1.80%

(7) .0136�––�.0162.…………………………………………………………… 2.10%

(8) .0163�––�.0189……………………………………………………………. 2.40%

(9) .0190�––�.0216………………………………………………………….… 2.70%

(10) .0217�––�.0243………………………………………………….………… 3.00%

(11) .0244�––�.0270………………………………………………………….… 3.30%

(12) .0271�––�.0297……………………………………………………….…… 3.60%

(13) .0298�––�.0324……………………………………………………….…… 3.90%

(14) .0325�––�.0351……………………………………………………….…… 4.20%

(15) .0352�––�.0378……………………………………………………….…… 4.50%

(16) .0379�––�.0405……………………………………………………….…… 4.80%

(17) .0406�––�.0432……………………………………………………….…… 5.10%

(18) .0433�––�.0459……………………………………………………….…… 5.40%

(19) .0460�––�.0486……………………………………………………….…… 5.70%

(20) .0487�––�.0513……………………………………………………….…… 6.00%

(21) .0514�––�.0540……………………………………………………….…… 6.30%

(22) .0541�––�.0567……………………………………………………….…… 6.60%

(23) .0568�––�.0594……………………………………………………….…… 6.90%

(24) .0595�––�.0621……………………………………………………….…… 7.20%

(25) .0622�––�and over……………………………………………………...… 7.50%

(2) Except as provided in subsection (f) of this section, for any calendar year beginning on or after January 1, 2006, when the Unemployment Insurance Fund balance on September 30 of the immediately preceding calendar year exceeds 4.5%, but is not in excess of 5% of the total taxable wages in covered employment for the 4 completed calendar quarters immediately preceding September 30, the Table of Rates in this paragraph of this subsection shall apply.

Table of Rates – Table B

Employing Employing

Unit’s Benefit Unit’s

Ratio Rate

(1) .0000�––����������…………………….……………………………………… 0.60%

(2) .0001�––�.0027…………………………….……………………………… 0.90%

(3) .0028�––�.0054………………………….………………………………… 1.20%

(4) .0055�––�.0081…………………………….……………………………… 1.50%

(5) .0082�––�.0108…………………………………….……………………… 1.80%

(6) .0109�––�.0135……………………………………….…………………… 2.10%

(7) .0136�––�.0162……………………………………….…………………… 2.40%

(8) .0163�––�.0189…………………………………………………….……… 2.70%

(9) .0190�––�.0216…………………………………………………….……… 3.00%

(10) .0217�––�.0243………………………………………………….………… 3.30%

(11) .0244�––�.0270………………………………………………….………… 3.60%

(12) .0271�––�.0297……………………………………………………….…… 3.90%

(13) .0298�––�.0324……………………………………………………….…… 4.20%

(14) .0325�––�.0351…………………………………………………….……… 4.50%

(15) .0352�––�.0378……………………………………………………….…… 4.80%

(16) .0379�––�.0405……………………………………………………….…… 5.10%

(17) .0406�––�.0432…………………………………………………….……… 5.40%

(18) .0433�––�.0459…………………………………………………….……… 5.70%

(19) .0460�––�.0486…………………………………………………….……… 6.00%

(20) .0487�––�.0513…………………………………………………….……… 6.30%

(21) .0514�––�.0540………………………………………………….………… 6.60%

(22) .0541�––�.0567 …………………………………………………………… 6.90%

(23) .0568�––�.0594…………………………………………………….……… 7.20%

(24) .0595�––�.0621………………………………………………….………… 7.50%

(25) .0622�––�.0648……………………………………………………….…… 7.80%

(26) .0649�––�.0675……………………………………………….…………… 8.10%

(27) .0676�––�.0702……………………………………………….…………… 8.40%

(28) .0703�––�.0729………………………………………………….………… 8.70%

(29) .0730�––�and over……………………………………………...………… 9.00%

(3) Except as provided in subsection (f) of this section, for any calendar year beginning on or after January 1, 2006, when the Unemployment Insurance Fund balance on September 30 of the immediately preceding calendar year exceeds 4%, but is not in excess of 4.5% of the total taxable wages in covered employment for the 4 completed calendar quarters immediately preceding September 30, the Table of Rates in this paragraph of this subsection shall apply.

Table of Rates – Table C

Employing Employing

Unit’s Benefit Unit’s

Ratio Rate

(1) .0000�––����������…………………………………………………….……… 1.00%

(2) .0001�––�.0027………………………………………………….………… 1.50%

(3) .0028�––�.0054………………………………………………….………… 1.80%

(4) .0055�––�.0081………………………………………………….………… 2.10%

(5) .0082�––�.0108………………………………………………….………… 2.40%

(6) .0109�––�.0135………………………………………………….………… 2.70%

(7) .0136�––�.0162………………………………………………….………… 3.00%

(8) .0163�––�.0189………………………………………………….………… 3.30%

(9) .0190�––�.0216………………………………………………….………… 3.60%

(10) .0217�––�.0243………………………………………………….………… 3.90%

(11) .0244�––�.0270………………………………………………….………… 4.20%

(12) .0271�––�.0297………………………………………………….………… 4.50%

(13) .0298�––�.0324…………………………………………………….……… 4.80%

(14) .0325�––�.0351………………………………………………………….… 5.10%

(15) .0352�––�.0378……………………………………………………….…… 5.40%

(16) .0379�––�.0405………………………………………………….………… 5.70%

(17) .0406�––�.0432…………………………………………………….……… 6.00%

(18) .0433�––�.0459………………………………………………….………… 6.30%

(19) .0460�––�.0486………………………………………………………….… 6.60%

(20) .0487�––�.0513……………………………………………………….…… 6.90%

(21) .0514�––�.0540……………………………………………………….…… 7.20%

(22) .0541�––�.0567……………………………………………………….…… 7.50%

(23) .0568�––�.0594………………………………………………………….… 7.80%

(24) .0595�––�.0621………………………………………………………….… 8.10%

(25) .0622�––�.0648……………………………………………………….…… 8.40%

(26) .0649�––�.0675……………………………………………………….…… 8.70%

(27) .0676�––�.0702………………………………………………………….… 9.00%

(28) .0703�––�.0729……………………….…………………………………… 9.30%

(29) .0730�––�.0756………………………….………………………………… 9.60%

(30) .0757�––�.0783……………………………………………….…………… 9.90%

(31) .0784�––�.0810………………………………………………………….. 10.20%

(32) .0811�––�and over…………………………………………….………… 10.50%

(4) Except as provided in subsection (f) of this section, for any calendar year beginning on or after January 1, 2006, when the Unemployment Insurance Fund balance on September 30 of the immediately preceding calendar year exceeds 3.5%, but is not in excess of 4% of the total taxable wages in covered employment for the 4 completed calendar quarters immediately preceding September 30, the Table of Rates in this paragraph of this subsection shall apply.

Table of Rates – Table D

Employing Employing

Unit’s Benefit Unit’s

Ratio Rate

(1) .0000�––����������……………….…………………………………………… 1.40%

(2) .0001�––�.0027…………………………………………….……………… 2.10%

(3) .0028�––�.0054…………………………………………….……………… 2.40%

(4) .0055�––�.0081………………………………………………………….… 2.70%

(5) .0082�––�.0108…………….……………………………………………… 3.00%

(6) .0109�––�.0135……………………………………………………….…… 3.30%

(7) .0136�––�.0162……………………………………………………….…… 3.60%

(8) .0163�––�.0189……………………………………………………….…… 3.90%

(9) .0190�––�.0216……………………………………………….…………… 4.20%

(10) .0217�––�.0243……………………………………………….…………… 4.50%

(11) .0244�––�.0270……………………………………………….…………… 4.80%

(12) .0271�––�.0297……………………………………………….…………… 5.10%

(13) .0298�––�.0324…………………………………………………….……… 5.40%

(14) .0325�––�.0351………………………………………………….………… 5.70%

(15) .0352�––�.0378……………………………………………….…………… 6.00%

(16) .0379�––�.0405……………………………………………….…………… 6.30%

(17) .0406�––�.0432…………………………………………….……………… 6.60%

(18) .0433�––�.0459………………………………………………….………… 6.90%

(19) .0460�––�.0486……………………………………………….…………… 7.20%

(20) .0487�––�.0513……………………………………………….…………… 7.50%

(21) .0514�––�.0540…………………………………………………….……… 7.80%

(22) .0541�––�.0567………………………………………………….………… 8.10%

(23) .0568�––�.0594………………………………………………….………… 8.40%

(24) .0595�––�.0621……………………………………………….…………… 8.70%

(25) .0622�––�.0648…………………………………………………….……… 9.00%

(26) .0649�––�.0675…………………………………………………….……… 9.30%

(27) .0676�––�.0702…………………………………………………….……… 9.60%

(28) .0703�––�.0729……………………………………………………….…… 9.90%

(29) .0730�––�.0756..………………………………………………………… 10.20%

(30) .0757�––�.0783…………………………………………..……………… 10.50%

(31) .0784�––�.0810……………………………………………..…………… 10.80%

(32) .0811�––�.0837……………………………………………..…………… 11.10%

(33) .0838�––�.0864…………………………………………………..……… 11.40%

(34) .0865�––�.0891……………………………………………………..…… 11.70%

(35) .0892�––�and over………………………………………………….…… 11.80%

(5) Except as provided in subsection (f) of this section, for any calendar year beginning on or after January 1, 2006, when the Unemployment Insurance Fund balance on September 30 of the immediately preceding calendar year exceeds 3%, but is not in excess of 3.5% of the total taxable wages in covered employment for the 4 completed calendar quarters immediately preceding September 30, the Table of Rates in this paragraph of this subsection shall apply.

Table of Rates – Table E

Employing Employing

Unit’s Benefit Unit’s

Ratio Rate

(1) .0000�––�����������…………………………………………………………… 1.80%

(2) .0001�––�.0027……………………………………………………….…… 2.60%

(3) .0028�––�.0054……………………………………………………….…… 2.90%

(4) .0055�––�.0081……………………………………………………….…… 3.20%

(5) .0082�––�.0108……………………………………………………….…… 3.50%

(6) .0109�––�.0135……………………………………………………….…… 3.80%

(7) .0136�––�.0162………………………………………………….………… 4.10%

(8) .0163�––�.0189………………………………………………….………… 4.40%

(9) .0190�––�.0216………………………………………………….………… 4.70%

(10) .0217�––�.0243………………………………………………….………… 5.00%

(11) .0244�––�.0270………………………………………………….………… 5.30%

(12) .0271�––�.0297………………………………………………….………… 5.60%

(13) .0298�––�.0324………………………………………………….………… 5.90%

(14) .0325�––�.0351………………………………………………….………… 6.20%

(15) .0352�––�.0378……………………………………………………….…… 6.50%

(16) .0379�––�.0405………………………………………………….………… 6.80%

(17) .0406�––�.0432………………………………………………….………… 7.10%

(18) .0433�––�.0459……………………………………………………….…… 7.40%

(19) .0460�––�.0486………………………………………………….………… 7.70%

(20) .0487�––�.0513………………………………………………….………… 8.00%

(21) .0514�––�.0540………………………………………………….………… 8.30%

(22) .0541�––�.0567………………………………………………….………… 8.60%

(23) .0568�––�.0594…………………………………………………….……… 8.90%

(24) .0595�––�.0621…………………………………………………….……… 9.20%

(25) .0622�––�.0648……………………………………………………….…… 9.50%

(26) .0649�––�.0675……………………………………….…………………… 9.80%

(27) .0676�––�.0702…………………………………………..……………… 10.10%

(28) .0703�––�.0729……………………………………………..…………… 10.40%

(29) .0730�––�.0756………………………………………………..………… 10.70%

(30) .0757�––�.0783…………………………………………………..……… 11.00%

(31) .0784�––�.0810…………………………………………………..……… 11.30%

(32) .0811�––�.0837…………………………………………………..……… 11.60%

(33) .0838�––�.0864…………………………………………………..……… 11.90%

(34) .0865�––�.0891………………………………………………………..… 12.20%

(35) .0892�––�.0918………………………………………………………..… 12.50%

(36) .0919�––�.0945………………………………………………………..… 12.80%

(37) .0946�––�and over………………………………………………….…… 12.90%

(6) Except as provided in subsection (f) of this section, for any calendar year beginning on or after January 1, 2006, when the Unemployment Insurance Fund balance on September 30 of the immediately preceding calendar year is not in excess of 3% of the total taxable wages in covered employment for the 4 completed calendar quarters immediately preceding September 30, the Table of Rates in this paragraph of this subsection shall apply.

Table of Rates – Table F

Employing Employing

Unit’s Benefit Unit’s

Ratio Rate

(1) .0000�––����������………….………………………………………………… 2.20%

(2) .0001�––�.0027……………………………………………………….……3.10%

(3) .0028�––�.0054……………………………………………………….…… 3.40%

(4) .0055�––�.0081……………………………………………………….…… 3.70%

(5) .0082�––�.0108………………………………………………………….… 4.00%

(6) .0109�––�.0135……………………………………………………….…… 4.30%

(7) .0136�––�.0162……………………………………………………….…… 4.60%

(8) .0163�––�.0189………………………………………………………….… 4.90%

(9) .0190�––�.0216……………………………………………………….…… 5.20%

(10) .0217�––�.0243……………………………………………………….…… 5.50%

(11) .0244�––�.0270……………………………………………………….…… 5.80%

(12) .0271�––�.0297……………………………………………………….…… 6.10%

(13) .0298�––�.0324……………………………………………………….…… 6.40%

(14) .0325�––�.0351………………………………………………………….… 6.70%

(15) .0352�––�.0378……………………………………………………….…… 7.00%

(16) .0379�––�.0405……………………………………………………….…… 7.30%

(17) .0406�––�.0432……………………………………………………….…… 7.60%

(18) .0433�––�.0459……………………………………………………….…… 7.90%

(19) .0460�––�.0486……………………………………………………….…… 8.20%

(20) .0487�––�.0513……………………………………………………….…… 8.50%

(21) .0514�––�.0540…………………………………………………….……… 8.80%

(22) .0541�––�.0567……………………………….…………………………… 9.10%

(23) .0568�––�.0594……………………………………….…………………… 9.40%

(24) .0595�––�.0621………………………………………….………………… 9.70%

(25) .0622�––�.0648…………………………………………..……………… 10.00%

(26) .0649�––�.0675…………………………………………………..……… 10.30%

(27) .0676�––�.0702…………………………………………………..……… 10.60%

(28) .0703�––�.0729……………………………………………………..…… 10.90%

(29) .0730�––�.0756……………………………………………………..…… 11.20%

(30) .0757�––�.0783……………………………………………………..…… 11.50%

(31) .0784�––�.0810………………………………………………………..… 11.80%

(32) .0811�––�.0837……………………………………………………..…… 12.10%

(33) .0838�––�.0864……………………………………………………..…… 12.40%

(34) .0865�––�.0891……………………………………………………..…… 12.70%

(35) .0892�––�.0918……………………………………………………..…… 13.00%

(36) .0919�––�.0945………………………………………………………..… 13.30%

(37) .0946�––�and over…………………………………………………….… 13.50%

(e) For the purpose of making any computation under this section:

(1) money that has been credited to the account of the State in the Unemployment Trust Fund under § 903 of the Social Security Act and that has been appropriated for expenses of administration, whether or not withdrawn from the account, shall be excluded from the total amount available for benefits in the Unemployment Insurance Fund; and

(2) the total amount available for benefits in the Unemployment Insurance Fund includes:

(i) money receivable by the Unemployment Insurance Fund as federal reimbursement for shareable benefits under the Federal–State Extended Unemployment Compensation Act of 1970;

(ii) all advance payments made to the Unemployment Insurance Fund on behalf of eligible employing units who elect to make reimbursement payments; and

(iii) money receivable by the Unemployment Insurance Fund from an eligible employing unit who elects to make reimbursement payments.

(f) For any calendar year beginning on or after January 1, 2017, the Table of Rates in effect for the immediately preceding calendar year shall continue to apply if:

(1) the Unemployment Insurance Fund balance on September 30 of the immediately preceding calendar year was at a level that would result in a Table of Rates that had lower rates being applied under subsection (d) of this section; and

(2) the federal funding goals requirement in 20 C.F.R. § 606.32 were not met as of December 31 of the second immediately preceding calendar year.
Md. Code, Public Safety § 8-206 — MD Code / Article gps / Title 8 / Subtitle 2 / Section 8-206
§8–206.
Status: in_force

(a) On or before August 30 of each fiscal year, the Association shall submit to the Department, the Legislative Auditor, and to the Board of Public Works an annual report that includes:

(1) the number and total amount of grants and the number and total amount of loans made in the previous fiscal year;

(2) for each grant or loan made:

(i) the volunteer company that received the grant or loan;

(ii) the amount of the grant or loan; and

(iii) the specific purpose of making the grant or loan;

(3) for each volunteer company that received a grant or loan:

(i) the financial statement of the volunteer company for the previous fiscal year or the year in which the grant or loan was received, whichever is available; and

(ii) documentation of the volunteer company’s actual expenditures from the grant or loan;

(4) for each loan made, the terms of the loan, including origination date, loan term, payment terms, payment amount, payments made to date, outstanding balance, and loan status; and

(5) summary listings of grants and loans made during the previous fiscal year and outstanding loans, by county.

(b) The Department shall:

(1) review the documentation submitted in accordance with subsection (a) of this section on an annual basis to determine if each grant or loan was spent in accordance with this subtitle and the request approved by the Board of Public Works; and

(2) report the findings to the Senate Budget and Taxation Committee and the House Appropriations Committee on an annual basis.

(c) The Legislative Auditor may:

(1) review the documentation submitted in accordance with subsection (a) of this section to determine if each grant or loan was spent in accordance with this subtitle and the requests approved by the Board of Public Works; and

(2) report the findings to the Department and, subject to § 2–1257 of the State Government Article, to the Joint Audit and Evaluation Committee of the General Assembly.

(d) The Comptroller may audit the financial affairs of the Association to ensure compliance with this subtitle.
Md. Code, Labor and Employment § 8-104 — MD Code / Article gle / Title 8 / Subtitle 1 / Section 8-104
§8–104.
Status: in_force

With the advice and help of the State and local advisory councils, the Secretary shall take all appropriate steps to:

(1) reduce and prevent unemployment;

(2) encourage and assist in the adoption of practical methods of vocational training, retraining, and guidance;

(3) advise, assist, and conduct investigations regarding the establishment and operation by a county, a municipality, or the State, of reserves for public works to be used in times of business depression and unemployment;

(4) promote the reemployment of unemployed workers throughout the State in each other way that may be feasible; and

(5) conduct investigations and research studies and publish the results.
Md. Code, Real Property § 8A-406 — MD Code / Article grp / Title 8A / Subtitle 4 / Section 8A-406
§8A–406.
Status: in_force

A park owner shall provide to a resident, on request, a written receipt for a park fee or other financial transaction between the park owner and resident.
Md. Code, Business Regulation § 8-302 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-302
§8–302.
Status: in_force

(a) An applicant for a contractor’s or salesperson’s license must pass the examination prior to submitting an application for a license.

(b) An applicant may receive a license only if the applicant passes the examination that the Commission requires.

(c) (1) To take an examination, an applicant shall pay to the Commission or a testing service chosen by the Commission the examination fee set by the Commission to cover the cost of the examination.

(2) The examination fee is nonrefundable.

(d) (1) The Commission shall schedule the applicant for an examination to be held within 45 days after the Commission receives an application for examination.

(2) The examination shall be held at a location:

(i) that is within the general geographic area where the applicant resides, if the applicant resides in the State; or

(ii) that the Commission determines, if the applicant resides out of State.

(e) The Commission shall give each qualified applicant notice of the time and place of examination.

(f) (1) Except as otherwise provided in this section, the Commission shall determine the subjects, scope, and form of and the passing score for examinations.

(2) The examination shall test:

(i) the applicant’s knowledge of the law about home improvement; and

(ii) the applicant’s competency to engage in the licensed occupation.

(3) The competency part of the examination may be oral or written.

(g) (1) The Commission may use a testing service to administer the examinations given under this section.

(2) If the Commission uses a testing service under this subsection, the testing service, subject to the requirements set by the Commission, may:

(i) set the time and place of examinations;

(ii) give qualified applicants notice of the time and place of examinations; and

(iii) furnish any other information that the Commission may require the testing service to provide.

(h) Within 30 days after the first meeting of the Commission after an examination date, the Commission shall notify an applicant in writing of the examination score of the applicant.
Md. Code, Transportation § 8-907 — MD Code / Article gtr / Title 8 / Subtitle 9 / Section 8-907
§8–907.
Status: in_force

The Secretary shall adopt regulations to carry out this subtitle.
Md. Code, Health Occupations § 8-6B-04 — MD Code / Article gho / Title 8 / Subtitle 6B / Section 8-6B-04
§8–6B–04.
Status: in_force

(a) (1) The Board shall set reasonable fees for the issuance of and renewal of licenses and other services it provides to electrologists.

(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure and the other services provided to electrologists.

(b) (1) The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller of the State.

(2) The Comptroller shall distribute all fees to the Board.

(c) The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this subtitle.
Md. Code, Transportation § 8-703 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-703
§8–703.
Status: in_force

(a) This subtitle does not apply to the erection or maintenance of any school bus waiting shelter displaying outdoor signs if:

(1) The advertising does not exceed 32 square feet;

(2) The shelter has no more than one sign facing in any one direction; and

(3) The shelter has no more than two signs in all.

(b) All outdoor signs on school bus waiting shelters are subject to applicable local zoning regulations and standards approved by the State Highway Administration and, in an area to which Part IV of this subtitle applies, that are consistent with the Code of Federal Regulations regarding national standards for outdoor signs on interstate and federal–aid primary highways.
Md. Code, Natural Resources § 8-1808.4 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1808.4
§8–1808.
Status: in_force

§8–1808.4.

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

(2) (i) “Nonwater–dependent project” means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private wetlands.

(ii) “Nonwater–dependent project” includes:

1. A dwelling unit on a pier;

2. A restaurant, a shop, an office, or any other commercial building or use on a pier;

3. A temporary or permanent roof or covering on a pier;

4. A pier used to support a nonwater–dependent use; and

5. A small–scale renewable energy system on a pier, including:

A. A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment;

B. A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and

C. A wind energy system and its wind turbine, tower, base, or other necessary equipment.

(iii) “Nonwater–dependent project” does not include:

1. A fuel pump or other fuel–dispensing equipment on a pier;

2. A sanitary sewage pump or other wastewater removal equipment on a pier; or

3. An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations.

(3) (i) “Pier” means any pier, wharf, dock, walkway, bulkhead, breakwater, piles, or other similar structure.

(ii) “Pier” does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of State or private wetlands.

(b) This section does not apply to a nonwater–dependent project located on State or private wetlands within the Critical Area in Prince George’s County.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection and notwithstanding any other provision of law, a local jurisdiction may not issue a building permit or any other approval under this subtitle to authorize a nonwater–dependent project located on State or private wetlands within the Critical Area.

(2) A local jurisdiction may issue a building permit or any other approval under this subtitle to authorize a nonwater–dependent project located on State or private wetlands within the Critical Area if the project:

(i) 1. Involves a commercial activity that is permitted as a secondary or accessory use to a permitted primary commercial use;

2. Is not located on a pier that is attached to residentially, institutionally, or industrially used property;

3. Is located in:

A. An intensely developed area and the project is authorized under a program amendment to a local jurisdiction’s critical area program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to the local jurisdiction’s zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this paragraph; or

B. An area that has been excluded from a local critical area program if the exclusion has been adopted or approved by the Critical Area Commission;

4. Is approved by the local planning and zoning authorities after the local jurisdiction’s program amendment under item 3A of this item, if applicable, has been approved;

5. Allows or enhances public access to State wetlands, if applicable;

6. Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;

7. Has a height of up to 18 feet unless the project is located at a marina; and

8. Is up to 1,000 square feet in total area; or

(ii) 1. Is located on a pier that was in existence on or before December 31, 2012;

2. Satisfies all of the requirements under item (i)1 through 7 of this paragraph; and

3. If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area.

(3) (i) A local jurisdiction may issue a building permit or other approval under this subtitle to authorize a nonwater–dependent project for a small–scale renewable energy system on a pier located on State or private wetlands within the Critical Area if the project:

1. Involves the installation or placement of a small–scale renewable energy system that is permitted as a secondary or accessory use on a pier that is authorized under Title 16 of the Environment Article;

2. Is located in:

A. The Critical Area and the project is authorized under a program amendment to a local jurisdiction’s critical area program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to the local jurisdiction’s zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this paragraph; or

B. An area that has been excluded from a local critical area program if the exclusion has been adopted or approved by the Critical Area Commission; and

3. Is approved by the local planning and zoning authorities after the local jurisdiction’s program amendment under item 2A of this subparagraph, if applicable, has been approved.

(ii) A building permit or other approval issued under subparagraph (i) of this paragraph may include the installation or placement of:

1. A solar energy system attached to a pier if the device or equipment associated with that system does not extend more than:

A. 4 feet above or 18 inches below the deck of the pier; or

B. 1 foot beyond the length or width of the pier;

2. A solar energy system attached to a piling if there is only one solar panel per boat slip;

3. A solar energy system attached to a boathouse roof if the device or equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof;

4. A closed–loop geothermal heat exchanger under a pier if the geothermal heat exchanger or any associated devices or equipment do not:

A. Extend beyond the length, width, or channelward encroachment of the pier;

B. Deleteriously alter long shore drift; or

C. Cause significant individual or cumulative thermal impacts to aquatic resources; or

5. A wind energy system attached to a pier if there is only one wind energy system per pier for which:

A. The height from the deck of the pier to the blade extended at its highest point is up to 12 feet;

B. The rotor diameter of the wind turbine is up to 4 feet; and

C. The setbacks of the wind energy system from the nearest property line and from the channelward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.
Md. Code, Correctional Services § 8-601 — MD Code / Article gcs / Title 8 / Subtitle 6 / Section 8-601
§8–601.
Status: in_force

The definition of “correctional facility” in § 1-101(d) of this article does not apply to the Interstate Corrections Compact set forth in §§ 8-602 through 8-611 of this subtitle.
Md. Code, Labor and Employment § 8-809 — MD Code / Article gle / Title 8 / Subtitle 8 / Section 8-809
§8–809.
Status: in_force

(a) The Secretary may recover benefits paid to a claimant if the Secretary finds that the claimant was not entitled to the benefits because:

(1) the claimant was not unemployed;

(2) the claimant received or retroactively was awarded wages; or

(3) due to a redetermination of an original claim by the Secretary, the claimant is disqualified or otherwise ineligible for benefits.

(b) If the Secretary finds that a claimant knowingly made a false statement or representation or knowingly failed to disclose a material fact to obtain or increase a benefit or other payment under this title, in addition to disqualification of the claimant, the Secretary may recover from the claimant:

(1) all benefits paid to the claimant for each week for which the false statement or representation was made or for which the claimant failed to disclose a material fact;

(2) a monetary penalty of 15% of all benefits paid to the claimant for each week for which the false statement or representation was made or for which the claimant failed to disclose a material fact; and

(3) interest of 1.5% per month on the amount of all benefits paid to the claimant for each week for which the false statement or representation was made or for which the claimant failed to disclose a material fact plus the amount of the monetary penalty accruing from the date that the claimant is notified by the Secretary that the claimant was not entitled to benefits received.

(c) (1) If the Secretary decides to recover benefits from a claimant under subsection (a) or (b) of this section, the Secretary shall notify the claimant of:

(i) the amount to be recovered;

(ii) the basis for the recovery of benefits, including any evidence that the Secretary used to make the determination;

(iii) the weeks for which benefits were paid;

(iv) the amount of any monetary penalty assessed under subsection (b)(2) of this section and the reason for the assessment of the monetary penalty;

(v) the provision of this title under which the Secretary determined that the claimant was ineligible for benefits; and

(vi) the appeal rights available to a claimant.

(2) The Secretary shall allow a claimant to appeal a determination regarding the recovery of benefits within 30 days after the mailing or other delivery of the notice.

(d) (1) If the Secretary is recovering benefits from a claimant under circumstances other than those described in subsection (b) of this section, the Secretary may recover an amount under subsection (a) of this section:

(i) by deduction of:

1. up to 50% of the weekly benefit amount from the weekly benefits payable to the claimant in the future; or

2. if the weekly benefit amount is less than or equal to $100, up to 25% of the weekly benefit from the weekly benefits payable to the claimant in the future;

(ii) in the manner provided in § 8–630 of this title for the collection of past due contributions;

(iii) by assessment in the same manner as provided in § 8–629 of this title for the assessment of past due contributions; or

(iv) through other reasonable means of collection, including those permitted under:

1. State law for the collection of debts owed to the State; or

2. federal law.

(2) (i) If the Secretary seeks to recover an amount under subsection (a) of this section by assessment, the Secretary shall allow a claimant to elect, within 30 days of the date of the notice of assessment, to have the amount collected by suit instead of by assessment.

(ii) The Secretary shall adopt regulations to provide general guidance about:

1. the processes under which the Secretary may recover benefits; and

2. the application of § 8–629 of this title to the recovery of benefits by assessment under this section.

(e) The Secretary may recover an amount under subsection (b) of this section:

(1) in the manner provided in § 8–630 of this title for the collection of past due contributions;

(2) through other reasonable means of collection, including those permitted under:

(i) State law for the collection of debts owed to the State; or

(ii) federal law; or

(3) if the deduction is made by another jurisdiction under an intergovernmental agreement providing for the recovery of overpaid benefits, by deduction from benefits for which the claimant is eligible in the future under the law of the jurisdiction that made the deduction, excluding the monetary penalty assessed under subsection (b)(2) of this section and interest due under subsection (b)(3) of this section.

(f) (1) The Secretary may reconsider a decision to recover benefits under subsection (a) of this section within 1 year after the date that the decision was made.

(2) The Secretary may not make a determination to recover benefits under subsection (a) or (b) of this section later than 3 years after the date that the benefits were paid to the claimant.

(3) If an amount under subsection (a) or (b) of this section has not been recovered within 5 years after the date of the decision to recover the amount, the Secretary may consider the amount uncollectible.

(4) If the Secretary determines that the best interests of the State will be served, the Secretary may adjust, compromise, or settle interest due under subsection (b) of this section or under § 8–1305 of this title.

(g) Notwithstanding any other provision of this section, the Secretary may recover, under a governmental offset agreement, an overpayment of benefits paid to any claimant under:

(1) the unemployment insurance law of another state; or

(2) a federal unemployment insurance benefit program.

(h) (1) Following the recovery of benefits from a claimant under subsection (a) or (b) of this section, if a claimant notifies the Secretary that the actual amount recovered exceeded the amount stated in the notice provided under subsection (c) of this section, the Secretary shall:

(i) within 30 days after receipt of the notice, investigate the claim; and

(ii) within 14 days after completing the investigation, refund the claimant any difference between the amount stated in the notice provided under subsection (c) of this section and the amount actually recovered.

(2) The Secretary shall submit a monthly report to the General Assembly, in accordance with § 2–1257 of the State Government Article, that includes:

(i) the total number of claims investigated under this subsection;

(ii) the status of each investigation;

(iii) the amount of funds in dispute;

(iv) the legislative district of each claimant who has notified the Department of a discrepancy; and

(v) the date any contested funds were returned.

(3) The Secretary shall adopt regulations to carry out this subsection.
Md. Code, Health Occupations § 8-7A-03 — MD Code / Article gho / Title 8 / Subtitle 7A / Section 8-7A-03
§8–7A–03.
Status: in_force

(a) This Nurse Licensure Compact may not nullify any other provision in this title or any other title applicable to the practice of nursing in the State.

(b) In any instance where this Nurse Licensure Compact is silent as to an issue, the other provisions of this title and any regulations promulgated under this title shall prevail.
Md. Code, Business Regulation § 8-404 — MD Code / Article gbr / Title 8 / Subtitle 4 / Section 8-404
§8–404.
Status: in_force

(a) Before the Commission issues a contractor license, the contractor shall pay a fee of $100 to be credited to the Fund.

(b) (1) If the Commission finds that, because of pending claims, the amount of the Fund may fall below $1,000,000, the Commission shall assess each contractor a fee of $50.

(2) However, under this subsection the Commission may not assess a contractor more than $150 in a calendar year.

(c) If a contractor fails to pay an assessment within 60 days after notice of the assessment, the contractor license is suspended until the assessment is paid.
Md. Code, Correctional Services § 8-208 — MD Code / Article gcs / Title 8 / Subtitle 2 / Section 8-208
§8–208.
Status: in_force

(a) Subject to the authority of the Secretary, the Commission has the following powers and duties:

(1) to prescribe standards for the approval and continuation of approval of schools that conduct correctional, parole, or probation entrance level and in–service training courses required by the Commission, including State, regional, county, and municipal training schools;

(2) to approve and issue certificates of approval to correctional training schools;

(3) to inspect correctional training schools;

(4) to revoke, for cause, any approval or certificate of approval issued to a correctional training school;

(5) to prescribe the following for correctional training schools:

(i) curriculum, including entrance–level and annual training in the proper use of electronic control devices, as defined in § 4–109 of the Criminal Law Article, for correctional officers who are issued an electronic control device by a correctional unit, consistent with established law enforcement standards and federal and State constitutional provisions;

(ii) courses of study;

(iii) attendance requirements;

(iv) eligibility requirements;

(v) equipment and facilities;

(vi) standards of operation; and

(vii) minimum qualifications for instructors;

(6) to certify and issue appropriate certificates to qualified instructors for approved correctional training schools;

(7) to certify and issue appropriate certificates to correctional officers who have satisfactorily completed training programs;

(8) to conduct and operate approved correctional training schools;

(9) to adopt regulations necessary to carry out this subtitle, including regulations that establish and enforce standards for prior substance abuse by individuals applying for certification as a correctional officer;

(10) to make a continuous study of correctional training methods and procedures for all correctional training schools;

(11) to consult with and accept the cooperation of any recognized federal, State, or municipal correctional agency or educational institution;

(12) to consult and cooperate with universities, colleges, and institutions to develop all general and specialized courses of study for correctional officers;

(13) to consult and cooperate with other units of the State concerned with correctional training;

(14) subject to subsection (b) of this section, to develop and implement specific program design and appropriate course curriculum and training for Department of Juvenile Services employees; and

(15) to perform any other act that is necessary or appropriate to carry out this subtitle.

(b) For any contract entered on or after July 1, 2000 between the Department of Juvenile Services and any nonprofit or for-profit entity, the cost and expenses for any course or training required under subsection (a)(14) of this section for Department of Juvenile Services employees of any nonprofit or for-profit entity under contract with the Department of Juvenile Services shall be paid for or reimbursed by the nonprofit or for-profit entity, and may not be a part of or reimbursed by funds from the contract with the Department of Juvenile Services.
Md. Code, Courts and Judicial Proceedings § 8-428 — MD Code / Article gcj / Title 8 / Subtitle 4 / Section 8-428
§8–428.
Status: in_force

The State budget for the Judicial Branch for each fiscal year shall include an appropriation to the Administrative Office of the Courts in the amount needed for the State per diem during the year.
Md. Code, Environment § 8-205 — MD Code / Article gen / Title 8 / Subtitle 2 / Section 8-205
§8–205.
Status: in_force

The Board shall:

(1) Review periodically the programs and policies of the Department that relate to radiation; and

(2) Consult with and advise the Secretary on matters that relate to radiation.
Md. Code, Tax - Property § 8-405 — MD Code / Article gtp / Title 8 / Subtitle 4 / Section 8-405
§8–405.
Status: in_force

(a) A person who has received a notice under § 8–401 of this subtitle and has appealed the value or classification under § 8–404 of this subtitle shall be notified by the supervisor of the date and time of the hearing.

(b) Unless the property owner requests a postponement under § 1–402 of this article, for a dwelling as defined in § 9–105 of this article, the hearing shall occur no later than 120 days after the date that the Department received the appeal of the value or classification.

(c) If a person notified under subsection (a) of this section requests, the supervisor shall offer alternate dates and times for hearings. To the extent possible, these dates and times shall:

(1) reflect a mutually convenient hearing schedule; and

(2) provide for some Saturday and evening hearings as required.

(d) The supervisor may provide group hearings for blocks or communities if the real property is similar or has similar characteristics.
Md. Code, Real Property § 8-407 — MD Code / Article grp / Title 8 / Subtitle 4 / Section 8-407
§8–407.
Status: in_force

(a) This section applies to a warrant of restitution issued to a landlord to take possession of residential property under § 8–401, § 8–402, or § 8–402.1 of this subtitle or an equivalent provision of public local law.

(b) (1) Subject to subsection (e) of this section, after a court has issued a warrant of restitution, the landlord shall, at least 6 days before the scheduled date of repossession as set by the sheriff, provide written notice to the tenant of the date on which the warrant of restitution is scheduled to be executed by:

(i) Sending the notice by first–class mail with certificate of mailing;

(ii) Posting the notice on the front door of the leased premises and taking a date–stamped photograph of the notice posted on the front door; and

(iii) If the landlord knows or has on file the e–mail address or cellphone number of the tenant, sending the notice electronically to the tenant by an e–mail message or a text message.

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

(i) The District Court case number;

(ii) The tenant’s name as stated in the summary ejectment case;

(iii) The address of the leased premises;

(iv) The date on which the warrant of restitution was ordered by the court;

(v) The initial scheduled date of the eviction;

(vi) A statement that the repossession may occur unless the tenant:

1. Returns possession of the leased premises to the landlord; or

2. For a warrant of restitution issued under § 8–401 of this subtitle, exercises the right to redemption under § 8–401 of this subtitle, if available;

(vii) If the tenant still has a right to redemption of the leased premises under § 8–401(h) of this subtitle, a statement showing the amount still due to redeem the property;

(viii) A statement that the notice is the final notice to the tenant of the intended repossession, even if the repossession is stayed for any reason;

(ix) The following statement:

“You could lose all your personal belongings left inside your home when the eviction occurs. Local laws and practices about disposal of any of your personal belongings upon eviction vary.

You may seek advice by calling 211 for a legal referral or by contacting the District Court Help Center at (insert the telephone number for the District Court Help Center) or (insert the address for the website of the District Court Help Center) to speak to an attorney.”; and

(x) The telephone number, e–mail address, and mailing address at which the landlord may be contacted.

(3) A landlord may charge the tenant for expenses actually incurred in providing notice under paragraph (1) of this subsection in an amount not to exceed $5.

(4) There is a rebuttable presumption that a tenant was notified as required under paragraph (1) of this subsection if the landlord provides to the sheriff or constable:

(i) The certificate of mailing;

(ii) A photograph of the notice posted on the front door of the leased premises containing a readable timestamp indicating the date and time that the notice was posted; and

(iii) A signed affidavit of the person who posted the notice on the front door of the leased premises.

(5) (i) If the sheriff reasonably believes that the landlord has not provided the notice required under paragraph (1) of this subsection or that the tenant may have redeemed the property, the sheriff:

1. Shall notify the District Court; and

2. May not execute the warrant of restitution without further order of the District Court.

(ii) If the District Court finds that the landlord did not provide the notice required under paragraph (1) of this subsection, the District Court shall vacate the warrant of restitution.

(c) Except as provided in subsection (b)(5) of this section, if the landlord presents the documentation listed in subsection (b)(1) of this section, the sheriff or constable shall:

(1) File the documentation with the clerk of the court; and

(2) Subject to § 14–806 of this article, execute the warrant of restitution by putting the landlord in possession of the premises.

(d) If a tenant is not present during the execution of the warrant of restitution, the sheriff or constable shall post a notice on the front door of the premises stating that repossession of the premises has been completed.

(e) Nothing in this section may be interpreted to restrict the authority of local jurisdictions to enact or enforce legislation that:

(1) Increases the minimum number of days of notice required in subsection (b)(1) of this section to as many as 14 days;

(2) Decreases the minimum number of days of notice required in subsection (b)(1) of this section to as few as 4 days; or

(3) Establishes penalties for a violation of this section.

(f) If a court finds in favor of a tenant based on a violation of this section, the tenant is entitled to:

(1) Actual damages;

(2) Reasonable attorney’s fees and costs;

(3) Injunctive relief to recover possession of the leased premises or personal property; or

(4) Any other remedy the court may find reasonable.
Md. Code, Transportation § 8-806 — MD Code / Article gtr / Title 8 / Subtitle 8 / Section 8-806
§8–806.
Status: in_force

The Administration shall issue a license under this subtitle to any applicant who has complied with the requirements of this subtitle.
Md. Code, Business Occupations and Professions § 8-202 — MD Code / Article gbo / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

(a) (1) The Board consists of 7 members.

(2) Of the 7 members of the Board:

(i) 5 shall be certified interior designers;

(ii) 1 shall be an architect licensed by the State Board of Architects who provides interior design services; and

(iii) 1 shall be a consumer member.

(3) The Governor shall appoint the members of the Board with the advice of the Secretary and the advice and consent of the Senate.

(b) Each member of the Board shall be a resident and citizen of the State.

(c) Each interior designer member shall have provided interior design services for at least 5 years immediately before appointment.

(d) The architect member shall have practiced in the State for at least 5 years immediately before appointment.

(e) The consumer member of the Board:

(1) shall be a member of the general public;

(2) may not be a certified interior designer or otherwise be subject to regulation by the Board;

(3) may not be required to meet the qualifications for the professional members of the Board; and

(4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from an individual regulated by the Board.

(f) While a member of the Board, the consumer member may not:

(1) have a financial interest in or receive compensation from an individual regulated by the Board; or

(2) grade any examination given by or for the Board.

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

(h) (1) The term of a member is 3 years and begins on July 1.

(2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1991.

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

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

(i) A member of the Board may not be held personally liable for any actions taken or decisions made in good faith as a member of the Board.

(j) (1) The Governor may remove a member for incompetence or misconduct.

(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Criminal Law § 8-304 — MD Code / Article gcr / Title 8 / Subtitle 3 / Section 8-304
§8–304.
Status: in_force

(a) A person who knows or reasonably suspects that the person is a victim of identity fraud, as prohibited under this subtitle, may contact a local law enforcement agency that has jurisdiction over:

(1) any part of the county in which the person lives; or

(2) any part of the county in which the crime occurred.

(b) After being contacted by a person in accordance with subsection (a) of this section, a local law enforcement agency shall promptly:

(1) prepare and file a report of the alleged identity fraud; and

(2) provide a copy of the report to the victim.

(c) The local law enforcement agency contacted by the victim may subsequently refer the matter to a law enforcement agency with proper jurisdiction.

(d) A report filed under this section is not required to be counted as an open case for purposes including compiling open case statistics.
Md. Code, Real Property § 8A-703 — MD Code / Article grp / Title 8A / Subtitle 7 / Section 8A-703
§8A–703.
Status: in_force

If due to the fault of the park owner, the park owner fails to provide the resident with possession of the site at the beginning of the term of any lease, whether or not the lease is terminated under this section, the park owner is liable to the prospective resident for consequential damages actually suffered by him subsequent to the prospective resident giving notice to the park owner of his inability to enter on the leased premises.
Md. Code, Labor and Employment § 8-702 — MD Code / Article gle / Title 8 / Subtitle 7 / Section 8-702
§8–702.
Status: in_force

Benefits paid in accordance with an arrangement entered into under § 8-701 of this subtitle shall be paid:

(1) under the provisions of this title;

(2) under the provisions of the law of another state or the federal government; or

(3) under any combination of provisions of this title or the law of another state or the federal government that may be agreed to be fair and reasonable to all affected interests.
Md. Code, Labor and Employment § 8-1202.1 — MD Code / Article gle / Title 8 / Subtitle 12 / Section 8-1202.1
§8–1202.
Status: in_force

§8–1202.1.

The Department shall ensure that the work sharing unemployment insurance program has sufficient staff and resources to complete the processing of a complete application within 10 days after receipt.
Md. Code, Real Property § 8A-1301 — MD Code / Article grp / Title 8A / Subtitle 13 / Section 8A-1301
§8A–1301.
Status: in_force

(a) (1) For any reason listed in paragraph (2) of this subsection, a park owner may not:

(i) Bring or threaten to bring an action for possession against a resident;

(ii) Arbitrarily increase the rent or decrease the services to which a resident has been entitled; or

(iii) Terminate a periodic tenancy.

(2) A park owner may not take an action that is listed under paragraph (1) of this subsection for any of the following reasons:

(i) Because the resident or the resident’s agent has provided written or actual notice of a good faith complaint about an alleged violation of the rental agreement, violation of law, or condition on the leased premises that is a substantial threat to the health or safety of occupants to:

1. The park owner; or

2. Any public agency against the park owner;

(ii) Because the resident or the resident’s agent has:

1. Filed a lawsuit against the park owner; or

2. Testified or participated in a lawsuit involving the park owner; or

(iii) Because the resident has participated in any tenant’s organization.

(b) (1) A park owner’s violation of subsection (a) of this section is a “retaliatory action”.

(2) A resident may raise a retaliatory action of a park owner:

(i) In defense to an action for possession; or

(ii) As an affirmative claim for damages resulting from a retaliatory action of a park owner occurring during a tenancy.

(c) If in any proceeding the court finds in favor of the resident because the park owner engaged in a retaliatory action, the court may enter judgment against the park owner for damages not to exceed the equivalent of 3 months’ rent, reasonable attorney’s fees, and court costs.

(d) An action by a park owner may not be deemed to be retaliatory for purposes of this section if the alleged retaliatory action occurs more than 6 months after a resident’s action that is protected under subsection (a)(2) of this section.

(e) As long as a park owner’s termination of a tenancy is not the result of a retaliatory action, nothing in this section may be interpreted to alter the park owner’s or the resident’s rights arising from breach of any provision of a rental agreement or rule, or either party’s right to terminate or not renew a rental agreement pursuant to the terms of the rental agreement or the provisions of other applicable law.

(f) If any county has enacted or enacts an ordinance comparable in subject matter to this section, this section shall supersede the provisions of the ordinance to the extent that the ordinance provides less protection to a resident.
Md. Code, Public Safety § 8-205 — MD Code / Article gps / Title 8 / Subtitle 2 / Section 8-205
§8–205.
Status: in_force

(a) After consultation with the Association, the Governor may include in the State budget each year an amount for the purposes set forth in subsection (b) of this section.

(b) The Association may use money appropriated under subsection (a) of this section to:

(1) formulate, publish, and distribute the fire laws of Maryland and other state and federal standards, laws, guidelines, and recommendations;

(2) formulate, publish, and distribute an annual report and monthly or other timely bulletins and reports;

(3) purchase, publish, and distribute fire prevention, emergency services, and safety education materials and sponsor seminars and other public forums to disseminate this information to Association members and residents of the State;

(4) maintain and distribute records that relate to the annual inspections of fire and rescue equipment and facilities;

(5) establish and maintain a database on manpower availability and training, operational cost, equipment availability, response time, State and local financial support, and other relevant factors in providing fire and rescue services;

(6) maintain membership through fees, subscriptions, and meeting attendance in organizations that disseminate training and education and provide guidance to volunteer emergency service organizations and their members and represent their interests on a State and national level;

(7) provide fuel, insurance, and maintenance to vehicles owned and operated by the Association and used in representing the volunteers and disseminating information throughout the State;

(8) provide professional services including accounting, auditing, and legal consultation and operational costs associated with the objectives established in this subsection; and

(9) promote, disseminate, and advocate programs and services that pertain to improving the safety, health, and wellbeing of fire and rescue personnel throughout the State.
Md. Code, Insurance § 8-407 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-407
§8–407.
Status: in_force

(a) (1) Each society authorized to do business in the State must appoint the Commissioner as attorney for service of process issued against the society and any successor in interest in the State.

(2) The appointment of the Commissioner shall:

(i) be made in writing; and

(ii) state that:

1. any process against the society that is served on the Commissioner has the same legal effect as if served on the society; and

2. the appointment remains in effect as long as any liability of the society remains outstanding in the State.

(b) A copy of an appointment made under this section and certified by the Commissioner is deemed sufficient evidence of the appointment and shall be admitted in evidence with the same effect as if it were the original.
Md. Code, Transportation § 8-216 — MD Code / Article gtr / Title 8 / Subtitle 2 / Section 8-216
§8–216.
Status: in_force

(a) (1) The Commission secretary shall keep a journal for the Commission and enter in the journal detailed minutes of meetings and records of other transactions of the Commission.

(2) The Chairman and the Commission secretary shall attest to the accuracy of each entry in the journal at the next Commission meeting held after the entry is made.

(b) Except as provided by law, the journal and all other records of the Commission are public records and open to public inspection.
Md. Code, Labor and Employment § 8-105 — MD Code / Article gle / Title 8 / Subtitle 1 / Section 8-105
§8–105.
Status: in_force

Unless a report or other written or oral communication that is made or delivered in connection with this title is false and malicious, a person may not bring an action for abusive or wrongful discharge, libel, or slander based on the report or communication from:

(1) an employee to an employer;

(2) an employer to an employee; or

(3) an employee or an employer to the Secretary or Board of Appeals or any agent, employee, or representative of the Secretary or Board of Appeals.
Md. Code, Criminal Law § 8-107 — MD Code / Article gcr / Title 8 / Subtitle 1 / Section 8-107
§8–107.
Status: in_force

In addition to the penalties provided in § 8-106 of this subtitle, if a person obtains property or services by issuing or passing a check in violation of § 8-103 of this subtitle, on conviction, the court:

(1) if the property has been recovered or is in the defendant’s possession or control, may order restoration of the property to any person with a property interest in it;

(2) to the extent that the property is not restored or compensation has not been provided for the services, may order restitution of the value of the property or services obtained to be paid to:

(i) any person having a property interest in the property; or

(ii) the person who provided the services; and

(3) may order the defendant to pay a collection fee of up to $35, for each check, to:

(i) any person with a property interest in the property; or

(ii) the person who provided the services.
Md. Code, Business Regulation § 8-213 — MD Code / Article gbr / Title 8 / Subtitle 2 / Section 8-213
§8–213.
Status: in_force

(a) (1) The Commission may set by regulation reasonable fees for the Commission’s services.

(2) The fees charged shall be:

(i) set so as to produce funds to approximate the cost of maintaining the Commission; and

(ii) based on the calculations performed by the Secretary under § 2–106.10 of this article.

(b) The Commission shall publish a schedule of fees set by the Commission.

(c) Except as otherwise provided by law, the Commission shall pay all fees collected under this title to the Comptroller.

(d) The Comptroller shall distribute the fees to the Maryland Home Improvement Commission Special Fund established in § 2–106.9 of this article.
Md. Code, Labor and Employment § 8-109 — MD Code / Article gle / Title 8 / Subtitle 1 / Section 8-109
§8–109.
Status: in_force

(a) In carrying out the requirements of this title, the Department shall:

(1) secure equal access for individuals by:

(i) ensuring that an individual contacting the Department has adequate and timely access to language, interpretive, and translation services;

(ii) for individuals with disabilities:

1. incorporating accessibility features that are consistent with modern accessibility standards for individuals with disabilities; and

2. providing notice of alternative accessibility options for accessing benefits, services, and information in multiple formats; and

(iii) conspicuously providing claimants with the option to select at the beginning of the application for unemployment insurance benefits process that paper–based notices of Department action be sent by mail;

(2) establish procedures that require an individual who has filed an initial claim for benefits to be provided with a status update on the claim by Department staff or contractors through telephone or e–mail at least once every 3 weeks until the initial benefits are paid or the initial claim is denied, whichever occurs first;

(3) on or before July 1 each year, beginning in 2021, contract with an external customer service quality evaluation vendor to measure:

(i) the clarity and organization of all public communications including materials posted on the Department’s website or mobile application;

(ii) the achievement of the customer service standards required under this subsection and the Department’s plan to implement the requirements of this subsection; and

(iii) other customer service metrics that the Department and the vendor agree are important;

(4) ensure that the application for unemployment insurance benefits explicitly and conveniently provides applicants with the ability to select the method of payment;

(5) establish systems, processes, and procedures that enable an individual filing a claim for benefits to track the status of a claim, including the anticipated timeline for the resolution of each particular claim;

(6) establish and maintain a plan for ongoing investment in technology;

(7) establish standards for the timely processing of claims for benefits under which:

(i) 92% of claims are completed within 21 days after receipt of the initial application; and

(ii) 97% of claims that require adjudication are resolved within 8 weeks after receipt of the initial application;

(8) establish a single point of contact within the Department to oversee and prioritize the resolution of claims that have not been completed within 8 weeks; and

(9) (i) track the percentage of laid–off workers who file for unemployment insurance benefits;

(ii) establish a goal for an unemployment insurance recipiency rate; and

(iii) publish on a quarterly basis on the Department’s website the percentage of laid–off workers who file for benefits and the recipiency rate.

(b) (1) On or before September 1, 2021, the Department shall begin implementing a system through which an individual who has filed a claim for benefits may consent, as part of any weekly claim certification, to the sharing of relevant collected information by the Department with the Maryland Health Benefit Exchange and the Maryland Department of Health to determine whether the individual qualifies for free or low–cost health insurance and, if so, to help the individual enroll.

(2) Before the system described in paragraph (1) of this subsection begins to operate, the Department shall enter into a memorandum of understanding with the Maryland Health Benefit Exchange and the Maryland Department of Health that enables the system to operate in compliance with all applicable State and federal requirements related to privacy, data security, and funding.

(3) The consent request described in paragraph (1) of this subsection shall be prominently placed on the weekly claim certification form, using language that can be easily understood by the majority of individuals who qualify for benefits.

(4) The Department shall cooperate with the Maryland Health Benefit Exchange and the Maryland Department of Health to claim the maximum amount of available federal funding for the establishment and operation of the system described in paragraph (1) of this subsection.

(5) To facilitate the most efficient implementation of the system described in paragraph (1) of this subsection, the Department, the Maryland Health Benefit Exchange, and the Maryland Department of Health may:

(i) enter into agreements;

(ii) adopt regulations;

(iii) adopt guidelines;

(iv) establish accounts;

(v) conduct trainings;

(vi) provide public information; and

(vii) take any other steps as may be necessary to accomplish the purpose of the system described in paragraph (1) of this subsection.

(c) On or before December 1 each year, the Department shall report to the Joint Committee on Unemployment Insurance Oversight, in accordance with § 2–1257 of the State Government Article, on the implementation of the requirements of this section.
Md. Code, Tax - Property § 8-240 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-240
§8–240.
Status: in_force

(a) If no conventional heating and cooling system exists in a building, a solar energy or geothermal heating and cooling system shall be assessed to the owner of the real property on which it is located at not more than the value of a conventional system.

(b) If a solar energy or geothermal heating and cooling system is installed in addition to a conventional system in a building, the combined system may be assessed to the owner of the real property on which it is located at not more than the value of the conventional system.
Md. Code, Insurance § 8-602 — MD Code / Article gin / Title 8 / Subtitle 6 / Section 8-602
§8–602.
Status: in_force

This subtitle applies only to a viatical settlement contract between a viator and a viatical settlement provider.
Md. Code, Agriculture § 8-803 — MD Code / Article gag / Title 8 / Subtitle 8 / Section 8-803
§8–803.
Status: in_force

(a) To apply for certification as a nutrient management consultant, an applicant shall:

(1) Submit to the Department an application on the form the Department requires; and

(2) Pay to the Department the certification fee stated in § 8-806 of this subtitle.

(b) The Department shall certify any individual who:

(1) Meets the requirements of this subtitle;

(2) Meets the Department’s educational requirements, including a program on the proper application of nutrients;

(3) Passes a Department approved examination; and

(4) (i) Is employed by a person licensed under this subtitle; or

(ii) Holds a license as required by this subtitle.

(c) To apply for a license an applicant shall:

(1) Submit to the Department an application on the form the Department requires; and

(2) Pay to the Department the applicable license fee stated in § 8-806 of this subtitle.

(d) The Department shall license a person who meets the requirements of this subtitle.

(e) A certificate or license is issued for 1 year unless the certificate or license is renewed as provided by this subtitle.

(f) The Department shall renew the certificate or license of any applicant for a 3-year term if the applicant:

(1) Submits a renewal application on the form that the Department requires;

(2) Pays to the Department the applicable fee stated in § 8-806 of this subtitle;

(3) Complies with applicable continuing education requirements;

(4) Complies with applicable record keeping and reporting requirements; and

(5) Otherwise is entitled to be certified or licensed.

(g) (1) The Department may issue a farm operator’s plan development certificate to a person operating a farm for the development of that person’s own nutrient management plan.

(2) The certificate is valid provided the person operating the farm:

(i) Has paid the one-time fee provided in § 8-806 of this subtitle;

(ii) Has passed an examination as determined by the Department;

(iii) Complies with applicable continuing education requirements;

(iv) Complies with applicable record keeping and reporting requirements; and

(v) Otherwise is entitled to be certified.

(h) A person that holds a license or certificate issued under this section shall comply with all applicable reporting requirements and deadlines established by the Department, including deadlines related to:

(1) Implementation of the Phosphorus Management Tool developed by the University of Maryland; and

(2) Submission of soil test phosphorus levels related to nutrient management plans developed in accordance with this subtitle.

(i) In addition to any penalty authorized under § 8–805 of this subtitle, a person that violates subsection (h) of this section is subject to an administrative penalty not exceeding $250.
Md. Code, Human Services § 8-717 — MD Code / Article ghu / Title 8 / Subtitle 7 / Section 8-717
§8–717.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, the Attorney General may bring an action against a youth transportation company for a violation of § 8–716 of this subtitle.

(2) In an action brought under this subsection, the Attorney General may seek:

(i) injunctive relief; and

(ii) statutory damages up to:

1. $1,000 for a first offense; and

2. $3,000 for a subsequent offense.

(b) (1) Subject to paragraphs (2) and (3) of this subsection, an individual may bring an action against a youth transportation company for a violation of § 8–716 of this subtitle.

(2) In an action brought under this subsection, the individual may seek:

(i) restitution;

(ii) compensatory damages;

(iii) statutory damages up to $500 per violation; and

(iv) if awarded restitution or damages, reasonable attorney’s fees.

(3) An action brought under this section shall be filed within 10 years after the date that the victim reaches the age of majority.
Md. Code, Education § 8-403 — MD Code / Article ged / Title 8 / Subtitle 4 / Section 8-403
§8–403.
Status: in_force

(a) The State and each local school system shall make a free appropriate public education available to each child with a disability, as provided by this subtitle.

(b) Appropriate special education and related services are available to a child with a disability from birth through the end of the school year in which the child turns 21 years of age.
Md. Code, Health Occupations § 8-6B-15 — MD Code / Article gho / Title 8 / Subtitle 6B / Section 8-6B-15
§8–6B–15.
Status: in_force

(a) Unless the Board agrees to accept the surrender of a license, a licensed electrologist or licensed electrology instructor may not surrender the license.

(b) The Board may require terms and conditions on an agreement with the licensed electrologist or licensed electrology instructor to accept surrender of the license.

(c) An agreement to accept the surrender of a license is a final order of the Board and is a public record.
Md. Code, Transportation § 8-657 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-657
§8–657.
Status: in_force

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

(2) “Federal facility” includes:

(i) An installation of the armed forces of the United States; and

(ii) Any property owned or leased by an agency of the United States.

(3) “Federal project” means a State highway project that is:

(i) Financed in whole or in part with federal funds; and

(ii) Designed to enhance access to a federal facility.

(4) “Publicly owned utility” means a utility owned or operated by a political subdivision of the State or by a public agency created under the laws of the State.

(5) “Relocate” includes to realign, raise, lower, rebuild, or remove.

(b) If, due to a federal project, it is necessary to relocate any water or sewer line of a publicly owned utility, the Administration shall:

(1) Notify the political subdivision or agency that owns the utility of the estimated cost of relocating the water or sewer line; and

(2) Investigate funding sources to help the political subdivision or agency that owns the utility to meet its share of the cost of relocating the water or sewer line and, if needed, to develop a payment plan.
Md. Code, Courts and Judicial Proceedings § 8-415 — MD Code / Article gcj / Title 8 / Subtitle 4 / Section 8-415
§8–415.
Status: in_force

(a) Each grand juror shall take an oath in substantially the following form:
Md. Code, Family Law § 8-105 — MD Code / Article gfl / Title 8 / Subtitle 1 / Section 8-105
§8–105.
Status: in_force

(a) (1) The court may enforce by power of contempt the provisions of a deed, agreement, or settlement that are merged into a divorce decree.

(2) The court may enforce by power of contempt or as an independent contract not superseded by the divorce decree the provisions of a deed, agreement, or settlement that contain language that the deed, agreement, or settlement is incorporated but not merged into a divorce decree.

(b) The court may modify any provision of a deed, agreement, or settlement that is:

(1) incorporated, whether or not merged, into a divorce decree; and

(2) subject to modification under § 8-103 of this subtitle.
Md. Code, Insurance § 8-102 — MD Code / Article gin / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

This subtitle applies only to authorized insurers that issue policies covered by the Property and Casualty Insurance Guaranty Corporation.
Md. Code, Agriculture § 8-807 — MD Code / Article gag / Title 8 / Subtitle 8 / Section 8-807
§8–807.
Status: in_force

(a) On or before December 31 of each year, the Department of Agriculture shall report to the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on:

(1) The farm acreage covered by nutrient management plans and the implementation and evaluation of those plans; and

(2) In consultation with the Nutrient Management Advisory Committee, the implementation of the requirements of the Water Quality Improvement Act of 1998.

(b) The report required under subsection (a)(2) of this section shall include information regarding:

(1) The level of participation in the nutrient management plan program;

(2) Additional resources that may be needed to meet the requirements of § 8–803.1 of this subtitle;

(3) The effectiveness of nutrient application education programs; and

(4) The effectiveness of the Manure Transportation Project set forth in § 8–704.2 of this title.

(c) (1) Beginning in 2020, the report required under this section shall include information on the production and use of animal manure by farm operations covered by nutrient management plans during the previous year, including:

(i) The amount of animal manure exported by farm operations to alternative use facilities or other farm operations in the State;

(ii) The amount of animal manure exported out of the State by farm operations; and

(iii) The amount of animal manure land applied by farm operations in the State and the source of that manure.

(2) The information required under this subsection shall be reported:

(i) By geographic area, including by county or local watershed; and

(ii) In a manner that protects the identity of individual farm operation.
Md. Code, Business Occupations and Professions § 8-204 — MD Code / Article gbo / Title 8 / Subtitle 2 / Section 8-204
§8–204.
Status: in_force

(a) A majority of the members then serving on the Board is a quorum.

(b) The Board shall determine the times and places of its meetings and hearings.

(c) A member of the Board:

(1) may not receive compensation; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(d) The Board may employ a staff in accordance with the State budget.
Md. Code, Insurance § 8-467 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-467
§8–467.
Status: in_force

(a) A society doing insurance business in the State may not make or allow unfair discrimination between insured members of the same class and equal life expectancy in:

(1) the premiums charged for certificates of insurance;

(2) the dividends or other benefits payable on certificates of insurance; or

(3) any other terms and conditions of the contracts the society makes.

(b) (1) This subsection applies to:

(i) a society;

(ii) a person acting for the society;

(iii) an insurance producer that acts on behalf of a fraternal benefit society; and

(iv) a person acting for an insurance producer that acts on behalf of a fraternal benefit society.

(2) A person may not offer, promise, allow, give, set off, or pay, directly or indirectly, any valuable consideration or inducement to or for insurance on any risk authorized to be taken by a society that is not specified in the certificate.

(c) A society member may not receive or accept, directly or indirectly:

(1) a rebate of all or part of a premium payable on a certificate;

(2) a rebate of a fraternal benefit agent’s commission on a premium payable on a certificate;

(3) any favor, advantage, or share in the dividends or other benefits to accrue on the insurance contract; or

(4) any other valuable consideration or inducement not specified in the insurance contract.
Md. Code, Real Property § 8-207 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-207
§8–207.
Status: in_force

(a) The aggrieved party in a breach of a lease has a duty to mitigate damages if the damages result from the landlord’s or tenant’s:

(1) Failure to supply possession of the dwelling unit;

(2) Failure or refusal to take possession at the beginning of the term; or

(3) Termination of occupancy before the end of the term.

(b) The provisions of subsection (a) of this section do not impose an obligation to show or lease the vacated dwelling unit in preference to other available units.

(c) If a tenant wrongly fails or refuses to take possession of or vacates the dwelling unit before the end of the tenant’s term, the landlord may sublet the dwelling unit without prior notice to the tenant in default. The tenant in default is secondarily liable for rent for the term of the tenant’s original agreement in addition to the tenant’s liability for consequential damages resulting from the tenant’s breach, if the landlord gives the tenant prompt notice of any default by the sublessee.

(d) No provision in this section may be waived in any lease.
Md. Code, Commercial Law § 8-306 — MD Code / Article gcl / Title 8 / Subtitle 3 / Section 8-306
§8–306.
Status: in_force

(a) A person who guarantees a signature of an indorser of a security certificate warrants that at the time of signing:

(1) The signature was genuine;

(2) The signer was an appropriate person to indorse, or if the signature is by an agent, the agent had actual authority to act on behalf of the appropriate person; and

(3) The signer had legal capacity to sign.

(b) A person who guarantees a signature of the originator of an instruction warrants that at the time of signing:

(1) The signature was genuine;

(2) The signer was an appropriate person to originate the instruction, or if the signature is by an agent, the agent had actual authority to act on behalf of the appropriate person, if the person specified in the instruction as the registered owner was, in fact, the registered owner, as to which fact the signature guarantor does not make a warranty; and

(3) The signer had legal capacity to sign.

(c) A person who specially guarantees the signature of an originator of an instruction makes the warranties of a signature guarantor under subsection (b) of this section and also warrants that at the time the instruction is presented to the issuer:

(1) The person specified in the instruction as the registered owner of the uncertificated security will be the registered owner; and

(2) The transfer of the uncertificated security requested in the instruction will be registered by the issuer free from all liens, security interests, restrictions, and claims other than those specified in the instruction.

(d) A guarantor under subsections (a) and (b) of this section or a special guarantor under subsection (c) of this section does not otherwise warrant the rightfulness of the transfer.

(e) A person who guarantees an indorsement of a security certificate makes the warranties of a signature guarantor under subsection (a) of this section and also warrants the rightfulness of the transfer in all respects.

(f) A person who guarantees an instruction requesting the transfer of an uncertificated security makes the warranties of a special signature guarantor under subsection (c) of this section and also warrants the rightfulness of the transfer in all respects.

(g) An issuer may not require a special guaranty of signature, a guaranty of indorsement, or a guaranty of instruction as a condition to registration of transfer.

(h) (1) The warranties under this section are made to a person taking or dealing with the security in reliance on the guaranty, and the guarantor is liable to the person for loss resulting from their breach.

(2) An indorser or originator of an instruction whose signature, indorsement, or instruction has been guaranteed is liable to a guarantor for any loss suffered by the guarantor as a result of breach of the warranties of the guarantor.
Md. Code, Real Property § 8A-502 — MD Code / Article grp / Title 8A / Subtitle 5 / Section 8A-502
§8A–502.
Status: in_force

In any action to recover any gratuity, the court shall award:

(1) A double amount of the gratuity; and

(2) The court costs.
Md. Code, Real Property § 8A-503 — MD Code / Article grp / Title 8A / Subtitle 5 / Section 8A-503
§8A–503.
Status: in_force

A park owner who purchases from a publicly regulated utility any electricity, gas, or other utility service for resale to a resident may not charge directly or indirectly for the resale an amount that exceeds the amount that the utility charges the park owner.
Md. Code, Natural Resources § 8-1315 — MD Code / Article gnr / Title 8 / Subtitle 13 / Section 8-1315
§8–1315.
Status: in_force

The Department shall cooperate with the appropriate county governing body or its duly designated agency to formulate, adopt, amend, extend, or add to the Watershed plan in each affected county. The approval of the Secretary shall be placed on every map, plan, or descriptive matter which forms a part of the plan.
Md. Code, Tax - General § 8-406 — MD Code / Article gtg / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

(a) A public service company may claim a credit against the public service company franchise tax equal to the estimated tax paid under § 8-405(b) of this subtitle.

(b) (1) (i) Subject to the limitations of this subsection, a public service company, including any multijurisdictional public service company, may claim a credit against the public service company franchise tax in the amount of $3 for each ton of Maryland–mined coal that the public service company purchased in the calendar year.

(ii) The credit under this subsection may not be claimed for Maryland–mined coal purchased in a calendar year beginning after December 31, 2020.

(2) (i) This paragraph applies only to credits claimed under this subsection for calendar years beginning on or after January 1, 2007.

(ii) The amount claimed as a credit under this subsection may not exceed the amount approved by the Department under this paragraph.

(iii) By January 15 of the calendar year following the end of the calendar year in which the Maryland–mined coal was purchased, a public service company, or a cogenerator or electricity supplier as defined in § 10–704.1 of this article, shall submit an application to the Department for approval of the credit allowed under this paragraph.

(iv) Subject to subparagraph (vi) of this paragraph, the total amount of credits approved by the Department under this paragraph for any calendar year may not exceed:

1. $4,500,000 for a calendar year beginning after December 31, 2008, but before January 1, 2013;

2. $6,000,000 for a calendar year beginning after December 31, 2012, but before January 1, 2015; or

3. $3,000,000 for a calendar year beginning after December 31, 2014, but before January 1, 2021.

(v) Subject to subparagraph (vi) of this paragraph, if the total amount of credits applied for in any calendar year under this paragraph exceeds the maximum specified under subparagraph (iv) of this paragraph, the Department shall approve a credit under this paragraph for each applicant in an amount equal to the product of multiplying the credit applied for by the applicant times a fraction:

1. the numerator of which is the maximum specified under subparagraph (iv) of this paragraph; and

2. the denominator of which is the total of all credits applied for by all applicants under this paragraph for the calendar year.

(vi) 1. Of the total credits approved for any calendar year beginning after December 31, 2006, but before January 1, 2021, the Department shall reserve $2,250,000 of the credits for purchases of Maryland–mined coal that will be used by a facility in Maryland.

2. If the total amount of credits applied for by all applicants for any calendar year for the purchase of Maryland–mined coal that will be used in Maryland exceeds $2,250,000, the Department shall approve a credit under this paragraph for each applicant in an amount equal to the product of multiplying the credit applied for by the applicant times a fraction:

A. the numerator of which is $2,250,000; and

B. the denominator of which is the total of all credits applied for by all applicants under this paragraph for the calendar year for the purchase of Maryland–mined coal that will be used in Maryland.

(vii) On or before February 15 of the calendar year following the end of the calendar year in which the Maryland–mined coal was purchased, the Department shall certify to each applicant claiming a credit the amount of the tax credits approved by the Department for that applicant under this paragraph.

(c) (1) To prevent actual multiple taxation of the sale of interstate long distance telecommunications service, a long distance telecommunications company, upon proof that it has paid a properly due excise, sales and use, or gross receipts tax in another state on a sale the gross receipts from which are subject to taxation under this subtitle, shall be allowed a credit against the public service company franchise tax for the amount paid.

(2) The credit permitted under this subsection may not exceed the tax imposed under this subtitle.
Md. Code, Transportation § 8-905 — MD Code / Article gtr / Title 8 / Subtitle 9 / Section 8-905
§8–905.
Status: in_force

(a) A local government that has adopted a complete streets policy in accordance with subsection (b) of this section may apply to the Department for designation as a certified jurisdiction.

(b) (1) A complete streets policy adopted by a local government shall:

(i) Identify the body, entity, or individual responsible for implementing the Program;

(ii) Require the development of procedures to follow when conducting local road repairs, upgrades, or expansion projects to incorporate complete streets design features;

(iii) Facilitate projects to achieve the goals established under § 8–903(b) of this subtitle;

(iv) Require the establishment of a review process for private development proposals to ensure complete streets components are incorporated into new construction according to terms specified by the local government;

(v) Set a 5–year goal for an increased mode share of specified modes of transportation other than single–occupancy motor vehicles;

(vi) Require the development of a program to meet the goal established under item (v) of this paragraph;

(vii) Comply with any other requirements that the Department considers necessary; and

(viii) Be approved by the Department.

(2) A local government shall hold at least one public hearing prior to the adoption of a complete streets policy.
Md. Code, Natural Resources § 8-2002 — MD Code / Article gnr / Title 8 / Subtitle 20 / Section 8-2002
§8–2002.
Status: in_force

The Attorney General shall take charge of, prosecute, and defend on behalf of the State every case arising under the provisions of this title, including the recovery of penalties, except for prosecution of violations of the provisions of Subtitle 7 of this title and regulations adopted under Subtitle 7 of this title.
Md. Code, Environment § 8-406 — MD Code / Article gen / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

(a) The Governor may issue an executive order that suspends the requirements of § 8-402(a) of this subtitle if the Governor finds that the absence of a storage or disposal site for low-level nuclear waste, inside or outside of this State, will:

(1) Cause a cessation in this State of power generation, medical treatment, medical diagnosis, scientific research, or other activity that relies on nuclear sources; or

(2) Otherwise present a serious threat to the public safety or health.

(b) The Governor shall submit each executive order issued under this section to the General Assembly at a regular or special session.

(c) Unless an executive order issued under this section is disapproved specifically by a resolution in which a majority of the members of each house of the General Assembly concurs, an executive order issued under this section is effective 30 days after the date the executive order is submitted to the General Assembly.
Md. Code, Agriculture § 8-303 — MD Code / Article gag / Title 8 / Subtitle 3 / Section 8-303
§8–303.
Status: in_force

(a) The supervisors shall designate annually a chairman and such other officers as may be necessary, and shall have authority to change these designations. A majority of the supervisors constitutes a quorum and the concurrence of a majority in any matter is required for its determination. A supervisor may receive his travel expenses and per diem allowance, as set by the Committee and provided in the annual State budget, for each day spent in the performance of his duties. A supervisor may receive an additional per diem allowance provided by sources other than the State, not to exceed the allowance set by the Committee.

(b) The supervisors may employ a secretary, technical experts, and other permanent and temporary officers and employees as they require, and shall determine their qualifications, duties, and compensation. The supervisors may delegate to the chairman, to any supervisor, or any employee powers and duties as they deem proper.

(c) The supervisors shall provide for the execution of surety bonds or insurance policies of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article for every employee and officer who is entrusted with funds or property. They shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, rules and regulations, and orders issued or adopted. They shall provide for an annual audit of the accounts of receipts and disbursements.

(d) The supervisors may invite the legislative body of any municipality or county, located near or within the district, to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy which may affect the property, water supply, or other interests of the municipality or county.

(e) The Office of the Attorney General may provide services to the supervisors as needed.
Md. Code, Natural Resources § 8-712.1 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-712.1
§8–712.
Status: in_force

§8–712.1.

(a) (1) An owner of a vessel that has a valid document issued by the U.S. Coast Guard and that is used principally on the waters of the State for pleasure shall apply to the Department for a Maryland use sticker.

(2) The Department shall issue a Maryland use sticker to any person who submits an application and pays a fee as required by subsection (b) of this section.

(3) The Maryland use sticker issued under this section shall be valid for a period not to exceed 2 years expiring on December 31 of the calendar year following the year the sticker is issued.

(b) The owner of the vessel shall:

(1) Submit an application to the Department on the form that the Department requires and that is signed by every owner of the vessel; and

(2) Pay to the Department the following fees:

(i) An application fee of $70 for the 2–year sticker; and

(ii) A fee of $20 for a replacement sticker.

(c) Within 30 days after the sale or other transfer of a vessel that is displaying or should display a sticker under this section:

(1) The transferor shall give notice of the transfer to the Department on a form that the Department requires; and

(2) If the transferee intends to continue to use the vessel principally on the waters of the State, the transferee shall submit an application for a Maryland use sticker and pay the fee as required by subsection (b) of this section.

(d) The Maryland use sticker shall be displayed on or about the forward half of the vessel.

(e) Unless the vessel that is subject to the requirement of this section displays a current sticker:

(1) A person may not operate the vessel on the waters of the State; and

(2) The owner may not knowingly permit the vessel to be operated on the waters of the State.
Md. Code, Labor and Employment § 8-208 — MD Code / Article gle / Title 8 / Subtitle 2 / Section 8-208
§8–208.
Status: in_force

(a) Except as otherwise provided in this subtitle, employment is covered employment if the employment is:

(1) performed for a charitable, educational, religious, or other organization; and

(2) excluded from the definition of “employment” in the Federal Unemployment Tax Act solely by § 3306(c)(8) of the Act.

(b) Employment is not covered employment if the employment is performed for:

(1) a church or an association or convention of churches; or

(2) an organization that is:

(i) operated primarily for religious purposes; and

(ii) controlled, operated, principally supported, or supervised by a church or an association or convention of churches.

(c) Employment is not covered employment if the employment is performed by:

(1) a commissioned, licensed, or ordained minister of a church in the exercise of the ministry; or

(2) a member of a religious order in the exercise of duties required by the order.

(d) During any calendar quarter in which the compensation is less than $50, the employment is not covered employment if it is performed for an organization that is exempt from income tax under:

(1) § 501(a) of the Internal Revenue Code unless the organization is described in § 401(a) of the Internal Revenue Code; or

(2) § 521 of the Internal Revenue Code.
Md. Code, Housing and Community Development § 8-102 — MD Code / Article ghs / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

The General Assembly finds that the economic and social well–being of State residents is intrinsic to the strength and viability of the State as a whole.
Md. Code, Corporations and Associations § 8-201 — MD Code / Article gca / Title 8 / Subtitle 2 / Section 8-201
§8–201.
Status: in_force

A real estate investment trust:

(1) Is formed by filing a declaration of trust for record with the Department; and

(2) May not do business in the State until it complies with this title.
Md. Code, Courts and Judicial Proceedings § 8-416 — MD Code / Article gcj / Title 8 / Subtitle 4 / Section 8-416
§8–416.
Status: in_force

(a) A court reporter ordered to take testimony given before a grand jury shall take and transcribe the testimony.

(b) (1) A court reporter shall provide, as requested, a transcript of testimony given before a grand jury for a county to the grand jury and State’s Attorney for the county.

(2) Each transcript of testimony given before a grand jury for a county shall be kept in the custody of the State’s Attorney for the county.

(3) Unless the circuit court for a county orders otherwise after hearing the State’s Attorney for the county, neither the original nor a copy of the transcript of testimony given before a grand jury may be taken from the office of the State’s Attorney for the county, other than for use of the grand jury or for production in court.

(4) On written order of the circuit court for a county, granted on written motion of the State’s Attorney for the county, the State’s Attorney may have the notes as to, and transcript of, grand jury testimony destroyed.

(c) Except on written order of the circuit court for a county after hearing the State’s Attorney for the county:

(1) A record of testimony given before a grand jury is for the exclusive use and benefit of the grand jury and the State’s Attorney; and

(2) A court reporter may not:

(i) Allow any other governmental unit or person to read or have a copy of all or any part of the record; or

(ii) Disclose wholly or partly the character of the contents of the record to any other governmental unit or person.
Md. Code, Human Services § 8-507 — MD Code / Article ghu / Title 8 / Subtitle 5 / Section 8-507
§8–507.
Status: in_force

(a) (1) The Maryland Department of Health and the other agencies of the Children’s Cabinet, with input from local management boards, local home visiting programs, and the Early Childhood Advisory Council, shall require the recipients of State funding for home visiting programs to submit reports to the Maryland Department of Health on a regular basis.

(2) Home visiting program reports shall include, at a minimum:

(i) a verifiable accounting of the State funds spent;

(ii) the number and demographic characteristics of the individuals served; and

(iii) the outcomes achieved by the home visiting programs.

(b) The Maryland Department of Health and the other agencies of the Children’s Cabinet shall develop a standardized reporting mechanism for the purpose of collecting information about and monitoring the effectiveness of State–funded home visiting programs.

(c) On or before December 1, 2013, and at least every 2 years thereafter, the Maryland Department of Health, jointly with the other agencies of the Children’s Cabinet shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Ways and Means Committee, and the Joint Committee on Children, Youth, and Families on the implementation and outcomes of State–funded home visiting programs.
Md. Code, Tax - General § 8-304 — MD Code / Article gtg / Title 8 / Subtitle 3 / Section 8-304
§8–304.
Status: in_force

Each savings and loan association that, on December 31, holds deposits in the State shall complete, under oath, and file with the Comptroller a savings and loan association franchise tax return, on or before April 15 of the next year.
Md. Code, Real Property § 8-313 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-313
§8–313.
Status: in_force

(a) The expense of removal of any goods from the leased premises to any other place for storage pending sale, including the expense of removal of goods which are affixed to the property, shall be included as a part of the costs of distress.

(b) An officer does not incur liability for removal of goods which are affixed to the property. The officer may require the plaintiff to mail or deliver an indemnity bond to the officer to protect the officer from any claim for damage or injury to any person or property caused by the officer’s removal for sale of goods affixed to the property.
Md. Code, Agriculture § 8-1013 — MD Code / Article gag / Title 8 / Subtitle 10 / Section 8-1013
§8–1013.
Status: in_force

(a) (1) The Department shall establish an oversight committee.

(2) The oversight committee shall include representatives of diverse interests.

(b) The oversight committee shall:

(1) Monitor and provide oversight on the development and implementation of policies and standards relating to the Program;

(2) Assist in the development of regulations adopted to implement this subtitle; and

(3) Meet at least once every year to evaluate the performance of the Program and make recommendations for improvements to or termination of the Program.
Md. Code, State Finance and Procurement § 8-404 — MD Code / Article gsf / Title 8 / Subtitle 4 / Section 8-404
§8–404.
Status: in_force

A capital lease authorized under this subtitle:

(1) shall be contingent on the availability of appropriated or other legally available funds, not including nonappropriated pension or retirement funds, that permit the timely payment of principal, interest, and other obligations, if any, imposed by the terms of the capital lease;

(2) may not be construed or deemed to be a debt of the State or a unit of State government; and

(3) may not constitute a pledge of the full faith and credit and taxing power of the State or a unit of State government.
Md. Code, Health Occupations § 8-7A-01 — MD Code / Article gho / Title 8 / Subtitle 7A / Section 8-7A-01
§8–7A–01.
Status: in_force

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

Article I. Findings and Declaration of Purpose.

1.

The party states find that:

(a) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;

(b) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;

(c) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation’s health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;

(d) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;

(e) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and

(f) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.

2.

The general purposes of this Compact are to:

(a) Facilitate the states’ responsibility to protect the health and safety of the public;

(b) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;

(c) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions;

(d) Promote compliance with the laws governing the practice of nursing in each jurisdiction;

(e) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;

(f) Decrease redundancies in the consideration and issuance of nurse licenses; and

(g) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.

Article II. Definitions.

3.

As used in this Compact:

(a) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws that is imposed by a licensing board or other authority against a nurse, including actions against an individual’s license or multistate licensure privilege such as:

(1) Revocation;

(2) Suspension;

(3) Probation;

(4) Monitoring of the licensee;

(5) A limitation on the licensee’s practice;

(6) A cease and desist action; or

(7) Any other encumbrance on licensure affecting a nurse’s authorization to practice.

(b) “Alternative program” means a nondisciplinary monitoring program approved by a licensing board.

(c) “Commission” means the Interstate Commission of Nurse Licensure Compact Administrators.

(d) “Compact” means this Nurse Licensure Compact.

(e) “Coordinated licensure information system” means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.

(f) “Current significant investigative information” means investigative information that:

(1) A licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

(2) Indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and has had an opportunity to respond.

(g) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.

(h) “Home state” means the party state that is the nurse’s primary state of residence.

(i) “Licensing board” means a party state’s regulatory body responsible for issuing nurse licenses.

(j) “Multistate license” means a license to practice as a registered or licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.

(k) “Multistate licensure privilege” means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state.

(l) “Nurse” means a registered nurse or RN, a licensed practical nurse or LPN, or a vocational nurse or VN, as those terms are defined by each party state’s practice laws.

(m) “Party state” means any state that has adopted this Compact.

(n) “Remote state” means a party state, other than the home state.

(o) “Single–state license” means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.

(p) “State” means a state, territory, or possession of the United States or the District of Columbia.

(q) (1) “State practice laws” means a party state’s laws, rules, and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline.

(2) “State practice laws” does not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

Article III. General Provisions and Jurisdiction.

4.

A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.

5.

(a) A party state must implement procedures for considering the criminal history records of applicants for an initial multistate license or licensure by endorsement.

(b) The procedures shall include the submission of fingerprints or other biometric–based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

6.

Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:

(a) Meets the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws; and

(b) (1) (i) Has graduated or is eligible to graduate from a licensing board–approved RN or LPN/VN prelicensure education program; or

(ii) Has graduated from a foreign RN or LPN/VN prelicensure education program that:

1. Has been approved by the authorized accrediting body in the applicable country; and

2. Has been verified by an independent credentials review agency to be comparable to a licensing board–approved prelicensure education program;

(2) If a graduate of a foreign prelicensure education program not taught in English or if English is not the individual’s native language, has successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening;

(3) Has successfully passed an NCLEX–RN or NCLEX–PN Examination or recognized predecessor, as applicable;

(4) Is eligible for or holds an active, unencumbered license;

(5) Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

(6) Has not been convicted or found guilty, or has not entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;

(7) Has not been convicted or found guilty, or has not entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case–by–case basis;

(8) Is not currently enrolled in an alternative program;

(9) Is subject to self–disclosure requirements regarding current participation in an alternative program; and

(10) Has a valid United States Social Security number.

7.

(a) All party states are authorized, in accordance with existing state due process laws, to take adverse action against a nurse’s multistate licensure privilege.

(b) If a party state takes adverse action, the party state shall promptly notify the administrator of the coordinated licensure information system.

(c) The administrator of the coordinated licensure information system shall promptly notify the home state of any adverse action taken by remote states.

8.

(a) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided.

(b) The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located.

(c) The practice of nursing in a party state under a multistate licensure privilege subjects a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.

9.

(a) Individuals not residing in a party state shall continue to be able to apply for a party state’s single–state license as provided under the laws of each party state.

(b) The single–state license granted to individuals not residing in a party state may not be recognized as granting the privilege to practice nursing in any other party state.

(c) Nothing in this Compact shall affect the requirements established by a party state for the issuance of a single–state license.

(d) Any nurse holding a home state multistate license on the effective date of this Compact may retain and renew the multistate license issued by the nurse’s then–current home state, provided that:

(1) A nurse who changes the nurse’s home state after this Compact’s effective date must meet all applicable requirements in § 6 of this article to obtain a multistate license from the new home state; and

(2) A nurse who fails to satisfy the multistate licensure requirements in § 6 of this article due to a disqualifying event occurring after this Compact’s effective date:

(i) Is ineligible to retain or renew a multistate license; and

(ii) Shall have the nurse’s multistate license revoked or deactivated in accordance with applicable rules adopted by the Commission.

Article IV. Applications for Licensure in a Party State.

10.

(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether:

(1) The applicant has ever held, or is the holder of, a license issued by any other state;

(2) There are any encumbrances on any license or multistate licensure privilege held by the applicant;

(3) Any adverse action has been taken against any license or multistate licensure privilege held by the applicant; and

(4) The applicant is currently participating in an alternative program.

(b) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.

(c) (1) If a nurse changes the nurse’s home state by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Commission.

(2) The nurse may apply for licensure in advance of a change in the nurse’s home state.

(3) A multistate license may not be issued by the new home state until the nurse provides satisfactory evidence of a change in the nurse’s home state to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.

(d) If a nurse changes the nurse’s home state by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single–state license valid only in the former home state.

Article V. Additional Authorities Invested in Party State Licensing Boards.

11.

(a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:

(1) Take adverse action against a nurse’s multistate licensure privilege to practice within that party state;

(2) Complete any pending investigations of a nurse who changes the nurse’s home state during the course of the investigations;

(3) Issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state;

(4) Take appropriate action based on investigations and shall promptly report the conclusions of the investigations to the administrator of the coordinated licensure information system who shall promptly notify the new home state of any actions;

(5) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence;

(6) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric–based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks, and use the results in making licensure decisions;

(7) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse; and

(8) Take adverse action based on the factual findings of a remote state, provided that the licensing board follows its own procedures for taking such adverse action.

(b) Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state.

(c) (1) Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it.

(2) The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

(d) (1) For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

(2) If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license.

(3) All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.

(e) (1) Nothing in this Compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action.

(2) The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.

Article VI. Coordinated Licensure Information System and Exchange of Information.

12.

(a) (1) All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs).

(2) This system shall include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.

(b) The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this Compact.

(c) All licensing boards shall promptly report to the coordinated licensure information system:

(1) Any adverse action;

(2) Any current significant investigative information;

(3) Denials of applications with the reasons for the denials; and

(4) Nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.

(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.

(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.

(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.

(h) The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include:

(1) Identifying information;

(2) Licensure data;

(3) Information related to alternative program participation; and

(4) Other information that may facilitate the administration of this Compact, as determined by Commission rules.

(i) The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.

Article VII. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators.

13.

(a) (1) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators.

(2) The Commission is an instrumentality of the party states.

(3) (i) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located.

(ii) The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(4) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

(b) (1) (i) Each party state shall have and be limited to one administrator.

(ii) 1. Subject to subsubparagraph 2 of this subparagraph, the head of the licensing board or designee shall be the administrator of this Compact for each party state.

2. The Executive Director of the Maryland State Board of Nursing, or the Executive Director’s designee, is the administrator of this Compact in Maryland.

(iii) Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed.

(iv) Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists.

(2) (i) Each administrator shall be entitled to only one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

(ii) An administrator shall vote in person or by such other means as provided in the bylaws.

(iii) The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication.

(3) (i) The Commission shall meet at least once during each calendar year.

(ii) Additional meetings shall be held as set forth in the bylaws or rules of the Commission.

(4) Except as provided in paragraph (5) of this subsection, all meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article VIII.

(5) Subject to paragraph (6) of this subsection, the Commission may convene in a closed, nonpublic meeting if the Commission must discuss:

(i) Noncompliance of a party state with its obligations under this Compact;

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

(iii) Current, threatened, or reasonably anticipated litigation;

(iv) Negotiation of contracts for the purchase or sale of goods, services, or real estate;

(v) Accusing any person of a crime or formally censuring any person;

(vi) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

(vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(viii) Disclosure of investigatory records compiled for law enforcement purposes;

(ix) Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this Compact; or

(x) Matters specifically exempted from disclosure by federal or state laws.

(6) (i) The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part.

(ii) As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed.

(7) (i) If a meeting, or portion of a meeting, is closed in accordance with paragraphs (5) and (6) of this subsection, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

(ii) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons for the actions, including a description of the views expressed.

(iii) All documents considered in connection with an action shall be identified in the minutes.

(iv) All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

(c) The Commission shall, by a majority vote of the administrators, adopt bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including:

(1) Establishing the fiscal year of the Commission;

(2) Providing reasonable standards and procedures:

(i) For the establishment and meetings of other committees; and

(ii) Governing any general or specific delegation of any authority or function of the Commission;

(3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets;

(4) Establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the Commission;

(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission; and

(6) Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this Compact after the payment or reserving of all of its debts and obligations.

(d) The Commission shall publish its bylaws and rules and any amendments in a convenient form on the Web site of the Commission.

(e) Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the Commission.

(f) The rules shall have the force and effect of law and shall be binding in all party states.

(g) The Commission shall maintain its financial records in accordance with the bylaws.

(h) The Commission shall meet and take any actions that are consistent with the provisions of this Compact and the bylaws.

(i) The Commission has the following powers:

(1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact;

(2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;

(3) To purchase and maintain insurance and bonds;

(4) To borrow, accept, or contract for services of personnel, including employees of a party state or nonprofit organizations;

(5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space, or other resources;

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

(7) To accept any and all appropriate donations, grants, and gifts of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;

(8) To lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use any property, whether real, personal, or mixed, provided that at all times the Commission shall avoid any appearance of impropriety;

(9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed;

(10) To establish a budget and make expenditures;

(11) To borrow money;

(12) To appoint committees, including advisory committees composed of administrators, state nursing regulators, state legislators or their representatives, consumer representatives, and other interested persons;

(13) To provide and receive information from, and to cooperate with, law enforcement agencies;

(14) To adopt and use an official seal; and

(15) To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of nurse licensure and practice.

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

(2) (i) Subject to subparagraph (ii) of this paragraph, the Commission may levy on and collect an annual assessment from each party state to cover the cost of its operations, activities, and staff in its annual budget as approved by the Commission each year.

(ii) The aggregate annual assessment amount, if any, shall be allocated based on a formula to be determined by the Commission, which shall promulgate a rule that is binding on all party states.

(3) The Commission may not:

(i) Incur obligations of any kind prior to securing the funds adequate to meet the obligations of the Commission; or

(ii) Pledge the credit of any of the party states, except by, and with the authority of, the party state.

(4) (i) The Commission shall keep accurate accounts of all receipts and disbursements.

(ii) Subject to subparagraph (iii) of this paragraph, the receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws.

(iii) All receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

(k) The Commission shall issue an annual report.

(l) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the administrators, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities.

(ii) Nothing in subparagraph (i) of this paragraph shall be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the Commission shall defend any administrator, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities.

(ii) Nothing in subparagraph (i) of this paragraph shall be construed to:

1. Prohibit a person from retaining the person’s own counsel; or

2. Protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, the Commission shall indemnify and hold harmless any administrator, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities.

(ii) Nothing in subparagraph (i) of this paragraph shall be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.

Article VIII. Rulemaking.

14.

(a) (1) The Commission shall exercise its rulemaking powers in accordance with the criteria in this article and the rules adopted under this article.

(2) Rules and amendments to the rules shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this Compact.

(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

(c) Before adoption of a final rule or rules by the Commission, and at least 60 days in advance of the meeting at which the rule or rules will be considered and voted on, the Commission shall file a notice of proposed rulemaking:

(1) On the Web site of the Commission; and

(2) On the Web site of each licensing board or the publication in which each party state would otherwise publish proposed rules.

(d) The notice of proposed rulemaking shall include:

(1) The proposed time, date, and location of the meeting in which the proposed rule or amendment will be considered and voted on;

(2) The text of the proposed rule or amendment, and the reason for the proposed rule or amendment;

(3) A request for comments on the proposed rule or amendment from any interested person; and

(4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(e) Before adoption of a proposed rule or amendment, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(f) Except as provided in subsection (k) of this section, the Commission shall grant an opportunity for a public hearing before it adopts a rule or an amendment.

(g) (1) The Commission shall publish the place, time, and date of the scheduled public hearing.

(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(3) All hearings shall be recorded, and a copy shall be made available on request.

(4) (i) Nothing in this section shall be construed as requiring a separate hearing on each rule or amendment.

(ii) Rules or amendments may be grouped for the convenience of the Commission at hearings required by this section.

(h) If no one appears at the public hearing, the Commission may proceed with adoption of the proposed rule or amendment.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(j) The Commission shall by majority vote of all administrators:

(1) Take final action on the proposed rule or amendment; and

(2) Determine the effective date of the rule or amendment, if any, based on the rulemaking record and the full text of the rule or amendment.

(k) (1) On determination that an emergency exists, the Commission may consider and adopt an emergency rule or amendment without prior notice or an opportunity for comment or a hearing.

(2) The usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule or amendment as soon as reasonably possible, but in no event later than 90 days after the effective date of the rule or amendment.

(3) For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to:

(i) Meet an imminent threat to public health, safety, or welfare;

(ii) Prevent a loss of Commission or party state funds; or

(iii) Meet a deadline for the adoption of an administrative rule that is required by federal law or rule.

(l) (1) The Commission may revise a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors.

(2) Public notice of any revisions shall be posted on the Web site of the Commission.

(3) (i) Subject to subparagraph (ii) of this paragraph, the revision shall be subject to challenge by any person for a period of 30 days after posting.

(ii) The revision may be challenged only on grounds that the revision results in a material change to a rule or an amendment.

(iii) A challenge shall be made in writing and delivered to the Commission before the end of the notice period.

(iv) If no challenge is made, the revision will take effect without further action.

(v) If the revision is challenged, the revision may not take effect without the approval of the Commission.

Article IX. Oversight, Dispute Resolution, and Enforcement.

15.

(a) (1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact’s purposes and intent.

(2) The Commission shall:

(i) Be entitled to receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the Commission; and

(ii) Have standing to intervene in a proceeding for all purposes.

(3) Failure to provide service of process in a proceeding to the Commission shall render a judgment or order void as to the Commission, this Compact, or the adopted rules.

(b) (1) If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the adopted rules, the Commission shall:

(i) Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission; and

(ii) Provide remedial training and specific technical assistance regarding the default.

(2) (i) If a state in default fails to cure the default, the defaulting state’s membership in this Compact may be terminated on an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination.

(ii) A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(3) (i) Termination of membership in this Compact shall be imposed only after all other means of securing compliance have been exhausted.

(ii) Notice of intent to suspend or terminate shall be given by the Commission to the governor of the defaulting state, to the executive officer of the defaulting state’s licensing board, and to each of the party states.

(4) A state whose membership in this Compact has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The Commission may not bear any costs related to a state that is found to be in default or whose membership in this Compact has been terminated unless agreed on in writing between the Commission and the defaulting state.

(6) (i) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices.

(ii) The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.

(c) (1) On request by a party state, the Commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and nonparty states.

(2) The Commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.

(3) In the event the Commission cannot resolve disputes among party states arising under this Compact:

(i) The party states may submit the issues in dispute to an arbitration panel, which will be composed of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed on by the Compact administrators of all the party states involved in the dispute; and

(ii) The decision of a majority of the arbitrators shall be final and binding.

(d) (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

(2) (i) By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this Compact and its adopted rules and bylaws.

(ii) The relief sought may include both injunctive relief and damages.

(iii) In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.

(3) (i) The remedies provided for in this article may not be the exclusive remedies of the Commission.

(ii) The Commission may pursue any other remedies available under federal or state law.

Article X. Effective Date, Withdrawal, and Amendment.

16.

(a) (1) This Compact shall become effective and binding on the earlier of the date of legislative enactment of this Compact into law by no less than 26 states or December 31, 2018.

(2) All party states to this Compact that also were parties to the prior Nurse Multistate Licensure Compact (“Prior Compact”), superseded by this Compact, shall be deemed to have withdrawn from the Prior Compact within 6 months after the effective date of this Compact.

(b) Each party state to this Compact shall continue to recognize a nurse’s multistate licensure privilege to practice in that party state issued under the Prior Compact until such party state has withdrawn from the Prior Compact.

(c) (1) Any party state may withdraw from this Compact by enacting a statute repealing the Compact.

(2) A party state’s withdrawal may not take effect until 6 months after enactment of the repealing statute.

(d) A party state’s withdrawal or termination may not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring before the effective date of the withdrawal or termination.

(e) Nothing contained in this Compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this Compact.

(f) (1) This Compact may be amended by the party states.

(2) An amendment to this Compact may not become effective and binding on the party states unless and until it is enacted into the laws of all party states.

(g) Representatives of nonparty states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, before the adoption of this Compact by all states.

Article XI. Construction and Severability.

17.

(a) This Compact shall be liberally construed so as to effectuate the purposes of the Compact.

(b) The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance may not be affected thereby.

(c) If this Compact is held to be contrary to the constitution of a party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Md. Code, Natural Resources § 8-716.1 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-716.1
§8–716.
Status: in_force

§8–716.1.

(a) The dealer shall collect the excise tax for the Department. For collecting and remitting the tax, a dealer may keep 1.2% of the gross tax the dealer collects. A dealer may not keep 1.2% of any gross tax amounts which were not forwarded to the Department within 30 days of collection, unless a waiver has been approved by the Secretary.

(b) If the Department finds that a dealer has forwarded less than the amount of tax due and does not have adequate records or has incorrect records of sales or resales of new or used vessels and that the amount of excise tax collected for the Department on these sales cannot be determined accurately, the Department shall determine the taxable sales of the dealer for any period involved and compute the tax from the best information available. The computation shall be prima facie correct. However, if any dealer fails to keep any record of sales of vessels, the Department may determine the tax due to the Department by using a factor developed by surveying the business of the dealer, including any records available, or by surveying other taxpayers of the same type or otherwise compute the amount of tax due. This computation shall be prima facie correct.

(c) As provided in subsection (b) of this section, if the Department determines the taxable sales and computes the tax due, the Department shall levy against the dealer a deficiency assessment consisting of a penalty of 10%, plus interest at a rate of 1.5% per month, or fraction of a month, from the time the tax was due until paid. All amounts received from any dealer under this subsection shall be credited first to penalty and interest accrued and then to tax due.

(d) (1) If a person obligated to pay the tax fails to pay the tax when due, there shall be assessed against the person, in addition to the tax due, a penalty of 10% plus interest at the rate of 1.5% per month or fraction of a month from the time the tax was due until paid. This penalty and interest may be waived by the Secretary if, within 30 days from the date of mailing of the notice of assessment, the taxpayer files an appeal showing cause why the tax is not paid when due. Any amounts received from any dealer or owner under this subsection shall be credited first to penalty and interest accrued and then to tax due.

(2) If the failure to pay the tax is due to an attempt to defraud, then the penalty shall be, in lieu of the penalty more specifically provided for under paragraph (1) of this subsection, 100% of the tax due plus interest at the rate of 1.5% per month or fraction of a month from the time due until paid.

(e) (1) If the Department finds that any dealer or other person liable for the tax imposed by this subtitle intends to depart from the State, remove the dealer’s or other person’s property from the State, conceal the dealer or other person or their property in the State, or do any other act tending to prejudice or render wholly or partly ineffectual proceedings to collect the tax, the Department shall notify the dealer or other person of its findings and demand an immediate payment of the tax, interest, and penalty.

(2) If the amount of tax, interest, and penalty specified in the notice of jeopardy assessment is not paid within 10 days of the service of the notice, the Department may bring any action that the Department considers advisable for the prompt collection of the tax.

(3) If, within 10 days of the service of the notice, the person liable for the tax files with the Department satisfactory evidence that the person is not in default in paying the tax or that the person will duly return and pay the tax, then the tax is not payable before the time otherwise required by this section. However, in each case, the findings of the Department as to the responsibility of the person liable for the tax are final and conclusive.

(f) (1) The tax imposed by this subtitle and all increases, interests, and penalties on the tax shall become, from the time due and payable, a personal debt of the person liable to pay the tax to the State of Maryland. An action may be brought at any time within 3 years from the time the tax shall be due and payable by the Department in the name of the State to recover the amount of any taxes, penalties, and interest due under the provisions of this subtitle, but if there is proof of fraud or gross negligence, there shall be no limitation of the period in which the action may be brought. Proof of negligence amounting to 25% or more of the tax due shall be prima facie evidence of gross negligence.

(2) The tax and all increases, interests, and penalties on the tax shall be a lien upon all the property, real or personal, of any person liable to pay the tax to the State from and after the time when notice has been given that the tax has become due and payable as provided in this section. Notice of the lien shall be filed promptly by the Department with the clerk of the circuit court of the county in which the property is located or Baltimore City. Each clerk of court accurately and promptly shall record and index all the notices of lien filed with the clerk by the Department and shall enter the lien in the judgment docket of the court, stating the name of the delinquent taxpayer, the amount of the lien and the date of the lien. The lien provided for in this section shall have the full force and effect of a lien of judgment. Unless another date is specified by law, the lien arising at the date of nonpayment, as in this section specified and provided for, shall continue with the same force and effect as a judgment lien. Any judgment lien on personal property is not effective as against an innocent purchaser for value, unless the personal property has been levied upon by an officer of a court.

(g) If a person or entity liable for the excise tax and for the interest and penalties of the tax under this subtitle is a corporation or limited liability company or limited liability partnership, including a limited partnership registered as a limited liability limited partnership, personal liability for the excise tax and for the interest and penalties of the tax extends to:

(1) In the case of a corporation:

(i) The president, vice president, or treasurer of the corporation; and

(ii) Any officer of the corporation who directly or indirectly owns more than 20% of the stock of the corporation;

(2) In the case of a limited liability company:

(i) If the limited liability company does not have an operating agreement, all members; or

(ii) If the limited liability company has an operating agreement, those individuals who manage the business and affairs of the limited liability company; and

(3) In the case of a limited liability partnership:

(i) If the limited liability partnership does not have a written partnership agreement, all general partners; or

(ii) If the limited liability partnership has a written partnership agreement, those individuals who manage the business and affairs of the limited liability partnership.

(h) A member of a limited liability company does not manage the business and affairs of the limited liability company under subsection (g) of this section solely by doing one or more of the following:

(1) Consulting with or advising the individuals who manage the business and affairs of the limited liability company;

(2) Directing the management of the limited liability company in the same manner as a director of a corporation directs the management of a corporation; or

(3) Voting on any matter required to be voted on by the members of the limited liability company, including but not limited to:

(i) The approval or disapproval of amendments to the operating agreement;

(ii) The termination and winding up of the limited liability company;

(iii) The sale, exchange, lease, mortgage, pledge, or other transfer of a material portion of the assets of the limited liability company;

(iv) The incurring of indebtedness by the limited liability company other than in the ordinary course of its business;

(v) A change in the nature of the business of the limited liability company;

(vi) The expulsion or admission of a member;

(vii) The appointment or discharge of a manager;

(viii) The merger of the limited liability company with or into any other entity; or

(ix) Any matter related to the business of the limited liability company not otherwise enumerated in this subsection that the operating agreement states may be subject to the approval or disapproval of the members.

(i) The possession or exercise of powers other than those contained in subsection (h) of this section by a member does not necessarily constitute management by the member of the business or affairs of the limited liability company.

(j) The same rules and exceptions applicable to a member of a limited liability company set forth in subsections (h) and (i) of this section shall be applicable to individuals and members of limited liability partnerships.

(k) Notwithstanding any other provision of law, the Department may not collect or enforce any liability for the Maryland use tax that was incurred before July 1, 1986, on a vessel owned by a person who at the time the liability was incurred:

(1) (i) Was licensed by the Department to catch, for commercial purposes, finfish, eels, crabs, conch, soft–shell clams, hard–shell clams, oysters, or any other fish; and

(ii) Used the vessel for any of the commercial fishing purposes described in item (i) of this item; or

(2) (i) Was licensed as a commercial fishing guide under the provisions of § 4–210 of this article; and

(ii) Used the vessel as a charter boat with a license as provided in § 4–745(d)(2) of this article.

(l) An assessment of tax under this subtitle is prima facie correct.

(m) (1) A dealer or other person liable for the tax imposed by this subtitle may not:

(i) Willfully fail to collect the tax;

(ii) Willfully fail to remit the tax;

(iii) Willfully make any false statement or misleading omission with regard to the tax;

(iv) Willfully fail to keep records in accordance with this subtitle and any regulations pursuant to this subtitle; or

(v) Willfully evade payment of the tax by any means.

(2) Any person violating this subsection is guilty of a misdemeanor and upon conviction is subject to the penalties set forth in § 8–739 of this subtitle.
Md. Code, Natural Resources § 8-1808.1 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1808.1
§8–1808.
Status: in_force

§8–1808.1.

(a) This section is intended to establish conditions for development in the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area in addition to those established in criteria of the Commission. However, in the event of any inconsistency between the criteria and the provisions of this section, this section shall control.

(b) The growth allocation for a local jurisdiction shall be calculated based on 5 percent of the total resource conservation area in a local jurisdiction:

(1) In the Chesapeake Bay Critical Area at the time of the original approval of the local jurisdiction’s program by the Commission, not including tidal wetlands or land owned by the federal government; or

(2) In the Atlantic Coastal Bays Critical Area at the time of the original approval of the local jurisdiction’s program by the Commission, not including tidal wetlands or land owned by the federal government.

(c) (1) In paragraphs (3)(i) and (4)(i) of this subsection, “consistent with” or “consistency with” a jurisdiction’s comprehensive plan means that a standard or factor will further, and not be contrary to, the following items in the plan:

(i) Policies;

(ii) Timing of the implementation of the plan;

(iii) Timing of development;

(iv) Timing of rezoning;

(v) Development patterns;

(vi) Land uses; and

(vii) Densities or intensities.

(2) When locating new intensely developed or limited development areas, local jurisdictions shall use the following standards:

(i) Locate a new intensely developed area in a limited development area or adjacent to an existing intensely developed area;

(ii) Locate a new limited development area adjacent to an existing limited development area or an intensely developed area;

(iii) Locate a new limited development area or an intensely developed area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 27.01.09, and in an area and manner that optimizes benefits to water quality;

(iv) Locate a new intensely developed area or a limited development area in a resource conservation area at least 300 feet beyond the landward edge of tidal wetlands or tidal waters, unless the local jurisdiction proposes, and the Commission approves, alternative measures for enhancement of water quality and habitat that provide greater benefits to the resources;

(v) Locate new intensely developed areas and limited development areas in a manner that minimizes their impacts to the defined land uses of the resource conservation area;

(vi) Locate new intensely developed areas and limited development areas outside of areas vulnerable to climate change unless the local jurisdiction proposes and the Commission approves:

1. Areas identified by the local jurisdiction as vulnerable to climate change as required under § 8–1808(c)(1)(iii)16 of this subtitle; and

2. Measures that:

A. Assess climate resiliency and vulnerability; and

B. Incorporate siting, design, construction, and other natural features to significantly enhance climate resiliency and reduce vulnerability;

(vii) Except as provided in item (ix) of this paragraph, no more than one–half of the expansion allocated in the criteria of the Commission may be located in resource conservation areas;

(viii) New intensely developed or limited development areas involving the use of growth allocation shall conform to all criteria of the Commission and shall be designated on the comprehensive zoning map submitted by the local jurisdiction as part of its application to the Commission for program approval or at a later date in compliance with § 8–1809(g) of this subtitle; and

(ix) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, if the county is unable to utilize a portion of the growth allocated to the county in items (i) and (ii) of this paragraph within or adjacent to existing intensely developed or limited development areas as demonstrated in the local plan approved by the Commission, then that portion of the allocated expansion which cannot be so located may be located in the resource conservation area in addition to the expansion allocated in item (vii) of this paragraph. A developer shall be required to cluster any development in an area of expansion authorized under this paragraph.

(3) A local jurisdiction may use a standard that varies from the standards required under paragraph (2)(i) and (ii) of this subsection if:

(i) The alternative standard is consistent with the jurisdiction’s adopted comprehensive plan; and

(ii) The Commission has approved the alternative standard as part of the local program.

(4) In reviewing map amendments or refinements involving the use of growth allocation, the Commission shall consider the following factors:

(i) Consistency with the jurisdiction’s adopted comprehensive plan and whether the growth allocation would implement the goals and objectives of the adopted plan;

(ii) 1. For a map amendment or refinement involving a new intensely developed area, whether the development is:

A. To be served by a public wastewater system;

B. To have an allowed average density of at least 3.5 units per acre, as calculated under § 5–7B–03(h) of the State Finance and Procurement Article;

C. For a new intensely developed area that is greater than 20 acres, to be located in a priority funding area, as described under §§ 5–7B–02(1) and 5–7B–03 of the State Finance and Procurement Article; and

D. To have a demonstrable economic benefit to the area; and

2. For a map amendment or refinement involving a new limited development area, whether the development is:

A. To be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;

B. A completion of an existing subdivision;

C. An expansion of an existing business; or

D. To be clustered;

(iii) The use of existing public infrastructure, where practical;

(iv) Consistency with State and regional environmental protection policies concerning the protection of threatened and endangered species and species in need of conservation that may be located on– or off–site;

(v) Impacts on a priority preservation area, as defined under § 2–518 of the Agriculture Article;

(vi) Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams;

(vii) Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development; and

(viii) Environmental impacts on underserved or overburdened communities.

(5) The Commission shall ensure that the standards and factors in paragraphs (2), (3), and (4) of this subsection have been applied in a manner that is consistent with the purposes, policies, goals, and provisions of this subtitle, and all criteria of the Commission.

(d) (1) Subject to the conditions under paragraphs (2) and (3) of this subsection, if a jurisdiction has within its territorial limits an area that is subject to the Chesapeake Bay Critical Area program and an area that is subject to the Atlantic Coastal Bays Critical Area program, the growth allocation for that jurisdiction may be utilized within either critical area, as the jurisdiction’s local program considers appropriate.

(2) A local jurisdiction’s program may not utilize the growth allocation from another critical area unless the growth allocation remaining in either critical area is insufficient to allow approval of a growth allocation proposal associated with a program amendment for which the local program seeks Commission approval.

(3) A local jurisdiction’s program may not transfer more than 150 acres of growth allocation to another critical area.

(e) (1) Except as authorized under paragraph (2) of this subsection, in calculating the 1–in–20 acre density of development that is permitted on a parcel located within the resource conservation area, a local jurisdiction:

(i) Shall count each dwelling unit; and

(ii) May permit the area of any private wetlands located on the property to be included, under the following conditions:

1. Only when using transfer of development rights; and

2. The area of private wetlands shall be field delineated when certifying development rights for transfer.

(2) (i) Within a resource conservation area, a local jurisdiction may consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit for the purpose of the density calculation under this subsection if the additional dwelling unit:

1. Does not require a variance to any critical area development standards; and

2. A. I. Is located within the primary dwelling unit or its entire perimeter is within 100 feet of the primary dwelling unit; and

II. Does not exceed 900 square feet in total enclosed area; or

B. I. Is located within the primary dwelling unit; and

II. By its construction, does not increase the amount of lot coverage already attributed to the primary dwelling unit by greater than 900 square feet.

(ii) The provisions of this paragraph may not be construed to require a local jurisdiction to consider an additional dwelling unit as part of a primary dwelling unit for the purpose of the density calculation under this subsection.

(iii) An additional dwelling unit meeting all the criteria under subparagraph (i) of this paragraph that is separate from the primary dwelling unit may not be subdivided or conveyed separately from the primary dwelling unit.

(3) An additional dwelling unit that exceeds 900 square feet shall count towards the density calculation.
Md. Code, Agriculture § 8-201 — MD Code / Article gag / Title 8 / Subtitle 2 / Section 8-201
§8–201.
Status: reserved

(a) The following persons shall serve as members of the Committee:

(1) The Secretary, or any employee of the Department the Secretary designates;

(2) The Secretary of Natural Resources, or any employee of the Department of Natural Resources whom the Secretary of Natural Resources designates;

(3) The Secretary of the Environment, or any employee of the Department of the Environment designated by the Secretary of the Environment;

(4) The principal administrative official for agricultural affairs at the University System of Maryland as designated by the Chancellor of the University;

(5) The Chairman of the Maryland Agricultural Commission, or the Chairman’s designee;

(6) The President of the Maryland Association of Soil Conservation Districts;

(7) Five soil conservation district supervisors representing the five different geographic areas of the State, as provided in subsection (b) of this section;

(8) The Director of the Cooperative Extension Service and the principal administrative officer for Maryland of the Soil Conservation Service of the United States Department of Agriculture, who shall be nonvoting members; and

(9) Other representatives of cooperating State and federal agencies serving as consultants to the Committee as selected by the Committee.

(b) The Secretary shall appoint the soil conservation district supervisors from recommendations submitted by the district supervisors of each area represented. Each supervisor shall be from one of the following five geographic areas:

(1) Area No. 1: Garrett, Allegany, Washington County, Catoctin, Frederick, and Carroll Soil Conservation Districts;

(2) Area No. 2: Anne Arundel, Prince George’s, Charles, St. Mary’s, and Calvert Soil Conservation Districts;

(3) Area No. 3: Kent, Queen Anne’s, Caroline, and Talbot Soil Conservation Districts;

(4) Area No. 4: Baltimore County, Harford, Montgomery, Howard and Cecil Soil Conservation Districts; and

(5) Area No. 5: Dorchester, Wicomico, Worcester, and Somerset Soil Conservation Districts.

(c) The term of each supervisor appointed after July 1, 1974, is four years. Each supervisor shall serve until the supervisor’s successor is appointed. A supervisor may not serve as a member more than two full successive terms. Every other member shall hold office as long as the member retains the office by virtue of which the member is serving on the Committee.

(d) An appointment to fill an unexpired term shall be made in the same manner as for a full term.
Md. Code, Courts and Judicial Proceedings § 8-504 — MD Code / Article gcj / Title 8 / Subtitle 5 / Section 8-504
§8–504.
Status: in_force

(a) A person may not fail to appear for jury service as summoned under this title.

(b) A jury judge may order a person who violates any provision of this section to appear and show cause for each violation.

(c) A person who fails to show good cause for a violation of this section is subject to a fine not exceeding $1,000 or imprisonment not exceeding 60 days or both.
Md. Code, Natural Resources § 8-1808.11 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1808.11
§8–1808.
Status: in_force

§8–1808.11.

(a) Other than in areas designated by the Department of the Environment mapping as appropriate for structural shoreline stabilization measures, improvements to protect a person’s property against erosion shall consist of nonstructural shoreline stabilization measures that preserve the natural environment, such as marsh creation, except in areas where the person can demonstrate to the satisfaction of the Department of the Environment that these measures are not feasible, including areas of excessive erosion, areas subject to heavy tides, and areas too narrow for effective use of nonstructural shoreline stabilization measures.

(b) (1) In consultation with the Department, the Department of the Environment shall adopt regulations to implement the provisions of this subsection.

(2) The regulations shall include a waiver process that exempts a person from the requirements of subsection (a) of this section on a demonstration to the satisfaction of the Department of the Environment that nonstructural shoreline stabilization measures are not feasible for the person’s property.
Md. Code, Public Utilities § 8-206 — MD Code / Article gpu / Title 8 / Subtitle 2 / Section 8-206
§8–206.
Status: in_force

(a) This section applies to telephone directories distributed by, or on behalf of, a telephone company other than advertisement–based business directories.

(b) A telephone company may not be required to distribute a telephone directory to an address in the State unless the property owner or an occupant requests the telephone directory.

(c) (1) If a telephone company elects not to distribute a print telephone directory to a customer at an address in the State, the telephone company shall provide notice as to how the customer may request a print telephone directory.

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

(i) include a toll–free telephone number a customer may call to request a print telephone directory; and

(ii) be included:

1. in each customer’s bill at least once each year;

2. on the telephone company’s website; and

3. in bold red print, on the front cover and the table of contents page of any print advertisement–based business directory distributed on behalf of the telephone company through September 30, 2016.

(3) If a customer requests a print telephone directory, the telephone company shall deliver the print telephone directory to the customer at no cost to the customer.
Md. Code, Education § 8-314 — MD Code / Article ged / Title 8 / Subtitle 3 / Section 8-314
§8–314.
Status: in_force

For information purposes, the budget submitted by the Governor to the General Assembly shall include a detailed account of the operating and administrative budget for the Maryland School for the Blind in accordance with § 5–101 of this article, which shall include a complete list of revenue sources and expenditures for:

(1) Salaries, wages, and fringe benefits;

(2) Technical and special fees;

(3) Communications;

(4) Travel;

(5) Contractual services;

(6) Supplies and materials;

(7) Equipment;

(8) Fixed charges; and

(9) Other expenses.
Md. Code, Natural Resources § 8-409 — MD Code / Article gnr / Title 8 / Subtitle 4 / Section 8-409
§8–409.
Status: in_force

(a) In this section, “development” means any structure, appurtenance, other addition, modification, or alteration that is constructed, placed, or made on or to land or water.

(b) (1) In addition to other regulatory authorities that are provided by this subtitle, the Secretary, in coordination with the Youghiogheny Scenic and Wild River Local Advisory Board and the Board of Garrett County Commissioners, shall prepare regulations that are necessary to:

(i) Implement the approved management plan for the Youghiogheny River; and

(ii) Regulate use and development in the scenic corridor where the use and development would affect the primitive qualities and characteristics of the wild river segment of the Youghiogheny River.

(2) The Board of Garrett County Commissioners and the Scenic and Wild Rivers Review Board shall review the regulations of the Secretary before the Secretary adopts the regulations.

(3) On the adoption of the regulations under paragraph (2) of this subsection, the Secretary shall administer and enforce the regulations.
Md. Code, Tax - Property § 8-233 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-233
§8–233.
Status: in_force

(a) In this section, “change” includes an improvement or an addition.

(b) Subject to the provisions of this section, a change to a building may not be assessed to the owner of the building for the period of time that a resident of the building with a health or medical condition occupies the building if:

(1) the building is used as a dwelling; and

(2) the change to the building is required for the health or medical condition of the resident of the building.

(c) The owner of the building shall submit to the supervisor:

(1) a statement from a licensed physician showing sufficient evidence of medical necessity or a substantial physical inconvenience of the resident; and

(2) annually an affirmation that the resident lives in the building.

(d) The assessment of the changes exempted under this section may not exceed 10% of the total assessment of the real property on which the building is located.

(e) The Department shall adopt regulations to provide:

(1) criteria to determine what is sufficient evidence of a health or medical condition;

(2) the form of the annual affirmation of residence; and

(3) criteria to determine what changes are required for the health or medical condition.
Md. Code, Natural Resources § 8-725.8 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-725.8
§8–725.
Status: in_force

§8–725.8.

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

(2) (i) “Marine gathering” means an intentional congregation of at least 100 vessels in the waters of the State that, by its nature, circumstances, or location, creates extra or unusual hazards to life or property.

(ii) “Marine gathering” does not include:

1. A race, a regatta, a parade, an exhibition, or other marine event for which a permit is required by the United States Coast Guard;

2. A docking competition; or

3. Vessels docked or moored at a marina.

(3) “Permit” means a marine gathering permit issued in accordance with this section.

(b) A person may not sponsor or hold a marine gathering without obtaining a written permit from the Department.

(c) (1) The organizer or sponsor of the marine gathering shall submit a permit application to the Department and pay an application fee established by the Department.

(2) The application fee may not exceed the cost of processing the permit.

(3) The Department may not require the application to be submitted more than 45 days before the marine gathering.

(d) (1) The Department shall adopt regulations governing the application and issuance of the permit.

(2) If a permit is needed to ensure public safety, the Department shall issue a permit in accordance with paragraphs (3) and (4) of this subsection.

(3) The Department may require in the terms of a permit one or more of the following requirements:

(i) The presence of security officers at the marine gathering;

(ii) The presence of rescue personnel or lifeguards at the marine gathering;

(iii) The placement of buoys at the marine gathering; and

(iv) Limitations on the duration of the marine gathering.

(4) The Department may:

(i) Recommend additional actions to an applicant to further safeguard the participants of the marine gathering; but

(ii) Not require any additional terms or conditions in a permit beyond what may be required under paragraph (3) of this subsection.

(e) Before issuing a marine gathering permit, the Department shall notify the local law enforcement unit of the county in which the marine gathering will occur and public safety organizations that the Department considers necessary.

(f) A police officer may terminate and disband a marine gathering:

(1) Held without the necessary permit; or

(2) In violation of the terms of a permit.

(g) (1) A person who violates this section or a regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(2) A person who commits a second or subsequent violation of this section or a regulation adopted under this section is:

(i) Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000; and

(ii) Liable to the State for the cost of disbanding the marine gathering.
Md. Code, Real Property § 8-116 — MD Code / Article grp / Title 8 / Subtitle 1 / Section 8-116
§8–116.
Status: in_force

(a) If tobacco is grown on leased property and the tenant fails to make reasonable progress within six months from September 1 to strip and place the tobacco on the market, the landlord may strip, pack, ship, and sell at the tenant’s expense any time after March 1, tobacco grown on the leased premises by the tenant in any previous year. All expenses paid by the landlord in the stripping, packing, shipment, or sale shall be a first and prior lien on the tobacco and the proceeds of the sale, notwithstanding any other agreement or obligation of the tenant or provision of law.

(b) A tenant or the tenant’s agent, who interferes, directly or indirectly with the stripping, packing, shipment, or sale of tobacco by the landlord, is guilty of a misdemeanor and, on conviction, is subject to a fine of not less than $100 or by imprisonment for not less than 90 days nor more than six months, or both.
Md. Code, Insurance § 8-213 — MD Code / Article gin / Title 8 / Subtitle 2 / Section 8-213
§8–213.
Status: in_force

The Commissioner may require a submanaging general agent appointed by a managing general agent to comply with any provision of this subtitle that applies to a managing general agent.
Md. Code, Health Occupations § 8-316 — MD Code / Article gho / Title 8 / Subtitle 3 / Section 8-316
§8–316.
Status: reserved

(a) Subject to the hearing provisions of § 8–317 of this subtitle, the Board may deny a license or grant a license, including a license subject to a reprimand, probation, or suspension, to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke the license of a licensee if the applicant or licensee:

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

(2) Fraudulently or deceptively uses a license;

(3) Is disciplined by a licensing or disciplinary authority of any state or country, convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

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

(5) Willfully and knowingly:

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

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

(iii) Fails to file or record any health record that is required by law;

(iv) Obstructs the filing or recording of any health record as required by law; or

(v) Induces another individual to fail to file or record any health record as required by law;

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

(7) Provides professional services while:

(i) Under the influence of alcohol; or

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

(8) Does an act that is inconsistent with generally accepted professional standards in the practice of registered nursing or licensed practical nursing;

(9) Is grossly negligent in the practice of registered nursing or licensed practical nursing;

(10) Has violated any provision of this title;

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

(12) Is physically or mentally incompetent;

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

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

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

(16) Is in independent practice and fails to display the notice required under § 8–506 of this title;

(17) Is in breach of a service obligation resulting from the applicant’s or licensee’s receipt of State or federal funding for the applicant’s or licensee’s nursing education;

(18) Has a substance use disorder;

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

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

(21) Is expelled from the safe practice program established pursuant to § 8–208 of this title for failure to comply with the conditions of the program;

(22) Delegates nursing acts or responsibilities to an individual that the applicant or licensee knows or has reason to know lacks the ability or knowledge to perform;

(23) Delegates to an unlicensed individual nursing acts or responsibilities the applicant or licensee knows or has reason to know are to be performed only by a registered nurse or licensed practical nurse;

(24) Fails to properly supervise individuals to whom nursing acts or responsibilities have been delegated;

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

(26) Is professionally incompetent;

(27) Practices registered nursing or licensed practical nursing without a license before obtaining or renewing a license, including any period when practicing registered nursing or licensed practical nursing on an expired license or a lapsed license;

(28) When holding an expired license or a lapsed license or after a temporary license has expired in accordance with § 8–315(c) of this subtitle, commits any act that would be grounds for disciplinary action under this section;

(29) Practices registered nursing or licensed practical nursing on a nonrenewed license for a period of 16 months or longer;

(30) Violates regulations adopted by the Board or an order from the Board;

(31) Performs an act that is beyond the licensee’s knowledge and skills;

(32) Fails to submit to a criminal history records check in accordance with § 8–303 of this subtitle;

(33) When acting in a supervisory position, directs another nurse to perform an act that is beyond the nurse’s knowledge and skills;

(34) When acting in a supervisory position, directs another nurse to delegate a nursing task to an individual when that nurse reasonably believes:

(i) The individual lacks the knowledge and skills to perform the task; or

(ii) The patient’s condition does not allow delegation of the nursing task;

(35) Has misappropriated the property of a patient or a facility; or

(36) Fails to comply with § 1–223 of this article.

(b) If, after a hearing under § 8–317 of this subtitle, the Board finds that there are grounds under subsection (a) of this section to suspend or revoke a license to practice registered nursing or licensed practical nursing, to reprimand a licensee, or place a licensee on probation, the Board may impose a penalty not exceeding $5,000 instead of or in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.

(c) In addition to any sanction authorized under this section, the Board may require a licensee to comply with specified terms and conditions determined by the Board.
Md. Code, State Finance and Procurement § 8-205 — MD Code / Article gsf / Title 8 / Subtitle 2 / Section 8-205
§8–205.
Status: in_force

(a) A State unit authorized to issue bonds may issue bonds:

(1) in coupon form; or

(2) notwithstanding any other provision of law, in a form that qualifies as a registered form under §§ 103 and 149 of the Internal Revenue Code or a regulation proposed or adopted under those sections.

(b) Whenever a State unit provides for the sale of bonds in registered form, the State unit may:

(1) establish procedures for the registration and transfer of the bonds;

(2) appoint any agent, including an authenticating trustee, corporate trustee, paying agent, registrar, or transfer agent;

(3) in connection with the establishment and maintenance of a central depository system for the transfer or pledge of the bonds, make agreements with:

(i) custodian banks and their nominees; or

(ii) financial intermediaries and their nominees; and

(4) exercise any other power that relates to issuance of bonds in registered form.
Md. Code, Courts and Judicial Proceedings § 8-210 — MD Code / Article gcj / Title 8 / Subtitle 2 / Section 8-210
§8–210.
Status: in_force

Each jury plan shall detail changes of information as to prospective, qualified, and sworn jurors about which a jury commissioner is to inform a jury judge.
Md. Code, Courts and Judicial Proceedings § 8-303 — MD Code / Article gcj / Title 8 / Subtitle 3 / Section 8-303
§8–303.
Status: in_force

Whenever it seems to a jury commissioner that there is an ambiguity, error, or omission in a person’s juror qualification form, the jury commissioner shall return the form to the person, with instructions to make each needed addition and other change, acknowledge all of the changes, and return the form to the jury commissioner within 10 days after receipt.
Md. Code, Natural Resources § 8-708 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-708
§8–708.
Status: in_force

(a) (1) Except as provided in § 8–708.1 of this subtitle, projects for dredging and marking channels and harbors, construction of jetties and breakwaters, and clearing debris, aquatic vegetation, and obstructions in navigable waters, as well as construction of marine facilities located within lands owned by the Department and construction of pump–out stations for use by the general boating public at public and private marinas, shall be financed solely by the Waterway Improvement Fund.

(2) Any funds available from the federal government, any governing body, or any gift also may be used for the purposes included in paragraph (1) of this subsection.

(b) (1) Except for the construction of pump–out stations for use by the general boating public at public and private marinas, the governing body and the Waterway Improvement Fund jointly shall finance projects to construct marine facilities beneficial to the boating public.

(2) Except as provided in paragraphs (3) and (4) of this subsection, the contribution of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of each project.

(3) The Waterway Improvement Fund may finance completely:

(i) 1. Subject to item 2 of this item, any construction project beneficial to the boating public that costs $500,000 or less, regardless of its location; and

2. Any marina construction project beneficial to the general boating public that costs $1,000,000 or less, regardless of its location;

(ii) A project that involves the beneficial use of dredged material; and

(iii) Any water quality monitoring by the Department.

(4) The Waterway Improvement Fund may finance not more than 50% of the costs exceeding:

(i) $500,000 for construction projects beneficial to the boating public; and

(ii) $1,000,000 for marina construction projects beneficial to the general boating public.

(c) (1) The governing body shall pay its share of matching projects under subsection (b) of this section or shall repay the Waterway Improvement Fund for any loan authorized under subsection (d) of this section either by:

(i) Means of appropriations from general funds; or

(ii) Levying a special assessment or tax against each property owner whose property lies within the district.

(2) The governing body may accept and use any gift for the cost of any project as part of the governing body’s share of any matching fund project.

(3) Any special assessment or tax levied by Anne Arundel County under paragraph (1)(ii) of this subsection may not apply to property that is exempt from taxation under Title 7, Subtitle 2 of the Tax – Property Article.

(d) In addition to the methods of financing provided in subsections (a) and (b) of this section, a governing body may borrow interest–free funds from the Waterway Improvement Fund for a waterway improvement project within a waterway improvement district. However, the amount borrowed from the Waterway Improvement Fund for these districts may not exceed 21% of the total attained revenue of the Waterway Improvement Fund from the previous fiscal year. A single project may not exceed 7% of the total attainment. The governing body shall repay the funds at a uniform rate over a period not to exceed 25 years as provided by agreement between the State and the governing body.

(e) The contribution of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of each acquisition, and the total amount of funds expended in any fiscal year for acquisitions and projects specified in § 8–707(a)(8) and (10) of this subtitle may not exceed the amount of the motor fuel tax revenue paid to the Waterway Improvement Fund in the preceding fiscal year, as provided for in § 2–1104 of the Tax – General Article.

(f) Notwithstanding any other provision of this subtitle, funds deposited in the Waterway Improvement Fund may be used for amortization and payment of interest on bonds issued for financing projects authorized under this subtitle.
Md. Code, Real Property § 8-106 — MD Code / Article grp / Title 8 / Subtitle 1 / Section 8-106
§8–106.
Status: in_force

If a landlord, having only an estate for life, dies on or before the day on which the rent that has been earned is payable and the landlord’s death terminates the leasehold estate, the landlord’s personal representative may recover from the tenant the full amount of the rent if death occurs on the day the rent is payable or a proportionate share of the rent if death occurs before this day.
Md. Code, Transportation § 8-407 — MD Code / Article gtr / Title 8 / Subtitle 4 / Section 8-407
§8–407.
Status: in_force

(a) (1) If a county’s or municipality’s road construction, reconstruction, or maintenance is performed by the Administration, the county’s or municipality’s share of highway user revenues shall be credited to the account of the Administration to be spent on warrants of the State Comptroller.

(2) If a county has paid any debt service on bonds or other evidences of obligation issued by a municipality in the county for the construction, reconstruction, or maintenance of roads or streets, an amount sufficient to reimburse the county for these payments shall be paid to the county from the municipality’s share of highway user revenues.

(3) In all other cases, a county’s or municipality’s share of highway user revenues shall be paid to or on the order of:

(i) The proper official of the county or municipality designated by local law; or

(ii) If no designation is made, the county or municipality.

(b) Payments of a county’s or municipality’s share of highway user revenues shall be made:

(1) At monthly intervals; or

(2) At other appropriate times reasonably requested.
Md. Code, Education § 8-606 — MD Code / Article ged / Title 8 / Subtitle 6 / Section 8-606
§8–606.
Status: in_force

(a) Beginning in 2011, no later than December 31 each year, the State Superintendent shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly regarding the implementation of this subtitle.

(b) The annual report shall include the following information:

(1) The number and ages of individuals who received hearing aids through the Program that year;

(2) The number of individuals who received hearing aids through the Program that year and subsequently received hearing aids through Medicaid, the Maryland Children’s Health Program, or private insurance;

(3) The length of each original loan of a hearing aid;

(4) The number of times that each original loan of a hearing aid was extended and the length of each extension;

(5) The number of times that hearing aids were not properly returned to the Loan Bank; and

(6) Any other information that the State Superintendent believes is relevant to evaluating the costs and benefits of the Program.
Md. Code, Tax - Property § 8-214 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-214
§8–214.
Status: in_force

(a) If a country club or golf course that meets the qualifications of § 8–212 of this subtitle allows or practices discrimination based on race, color, creed, sex, sexual orientation, gender identity, disability, or national origin in granting membership or guest privileges, the country club or golf course may not make or continue an agreement under this subtitle.

(b) A country club or golf course may not discriminate or retaliate against any person who has opposed any discrimination practice prohibited by subsection (a) of this section or who has filed a complaint, testified, or assisted a party in any manner in an investigation, proceeding, or hearing conducted under § 8-215 of this subtitle.
Md. Code, Real Property § 8A-101 — MD Code / Article grp / Title 8A / Subtitle 1 / Section 8A-101
§8A–101.
Status: in_force

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

(b) “Gratuity” includes donation, bonus, fee, or gift.

(c) (1) “Mobile home” means a structure:

(i) Transportable in one or more sections;

(ii) 8 or more body feet in width and 30 or more body feet in length;

(iii) Built on a permanent chassis; and

(iv) Designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities.

(2) “Mobile home” includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

(d) “Park” means any property leased or held out for lease to two or more residents or prospective residents.

(e) “Park fee” means any fee, charge, or assessment charged for the use of the park or for services rendered.

(f) “Park owner” means any person who has interest in the park and includes any person acting as the agent of a park owner as to the managerial or operations acts taken as the agent of the owner.

(g) “Premises” means any:

(1) Lot, plot, site, or parcel in the park; or

(2) Building, structure, or mobile home in the park.

(h) “Rent” means any money or other consideration given for the right of use, possession, and occupancy of the premises.

(i) “Rental agreement” means any written understanding between a resident and park owner whereby the resident is entitled to place his mobile home on a site in the park for payment of consideration to the park owner.

(j) (1) “Resident” means a mobile home owner who leases or rents a site for residential use and resides in a mobile home park.

(2) “Resident” includes a person who maintains a permanent residence with the mobile home owner, and who obtains title to the mobile home after the death of the owner under the terms of a will or by operation of law.

(k) “Rule” means any rule established by the owner.

(l) “Security deposit” means any payment of money, including payment of last month’s rent in advance of the time it is due, given to a park owner by a resident in order to protect the park owner against nonpayment of rent or damage to the leased premises.

(m) “Utility service” means any service available to the premises from a private or public central source. Such services may include sewer, water, electricity, telephone, gas, oil, and cable television.