Md. Code, Housing and Community Development § 16-305 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-305
§16–305.
Status: in_force

(a) An employee organization that is certified or that seeks certification as an exclusive representative shall submit to the labor relations administrator a copy of the employee organization’s constitution and bylaws and any amendment to them.

(b) The constitution or bylaws shall include:

(1) a pledge that the employee organization accepts members without regard to age, marital status, national origin, race, religion, disabilities, sex, sexual orientation, or gender identity;

(2) the right of members to participate in the affairs of the employee organization;

(3) procedures for periodic elections of officers by secret ballot;

(4) fair procedures governing disciplinary actions;

(5) procedures for the accurate accounting of all income and expenditures;

(6) a requirement that a certified annual financial report be produced; and

(7) the right of members to inspect the employee organization’s accounts.
Md. Code, Business Regulation § 16-3A-02 — MD Code / Article gbr / Title 16 / Subtitle 3A / Section 16-3A-02
§16–3A–02.
Status: in_force

A person may not sell or dispense or offer to sell or dispense a tobacco product through a vending machine in the State, unless the vending machine is located in an establishment that individuals under the age of 21 years are prohibited by law from entering at any time.
Md. Code, Business Regulation § 16-219 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-219
§16–219.
Status: in_force

(a) A person who transports cigarettes by vehicle on a public road shall have in the vehicle a delivery ticket or invoice that states:

(1) the name and address of the seller or consignor;

(2) the name and address of a buyer or consignee who is:

(i) a person in the State authorized by Title 12 of the Tax – General Article to hold unstamped cigarettes on which the tobacco tax has not been paid; or

(ii) a person in another jurisdiction authorized to hold cigarettes on which the tax imposed by that jurisdiction has not been paid; and

(3) the quantity and brands of the cigarettes that are being transported.

(b) The Executive Director by regulation may require a common carrier that brings cigarettes into the State to submit to the Executive Director a copy of any freight bill relating to the cigarette shipment.
Md. Code, Estates and Trusts § 16-112 — MD Code / Article get / Title 16 / Subtitle 1 / Section 16-112
§16–112.
Status: in_force

This title applies to registrations of securities in beneficiary form made before or after October 1, 1994, by decedents dying on or after October 1, 1994.
Md. Code, Housing and Community Development § 16-312 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-312
§16–312.
Status: in_force

(a) (1) The Montgomery Commission and an employee organization certified as the exclusive representative of a bargaining unit shall execute a collective bargaining agreement incorporating all matters of agreement on wages, hours, and other terms and conditions of employment.

(2) If a collective bargaining agreement provides for a grievance procedure, that grievance procedure shall be the only procedure for employees in the bargaining unit.

(3) The collective bargaining agreement may include an agency shop or other union security provision.

(b) The collective bargaining agreement supersedes any conflicting regulation or administrative policy of the Montgomery Commission.

(c) A collective bargaining agreement takes effect on the approval of the Montgomery Commission and the membership of the employee organization representing the bargaining unit.

(d) A single year or multiple–year collective bargaining agreement shall expire at the close of the appropriate fiscal year.

(e) If a provision in a collective bargaining agreement is ruled invalid or is not funded adequately, the rest of the agreement remains in effect unless reopened under § 16–313(b) of this subtitle.
Md. Code, Housing and Community Development § 16-113 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-113
§16–113.
Status: in_force

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

(2) (i) “Payee” means a person that receives from the Montgomery Commission an aggregate payment of at least $25,000 in a single fiscal year.

(ii) “Payee” does not include:

1. an employee of the Montgomery Commission with respect to the employee’s compensation; or

2. a retiree of the Montgomery Commission with respect to the retiree’s retirement allowance.

(3) “Payment data” means, at a minimum, the following information for a particular fiscal year:

(i) the name of each payee that received a payment from the Montgomery Commission;

(ii) the location of the payee by postal zip code;

(iii) the amount of the payment; and

(iv) the purpose of the payment.

(4) “Searchable website” means a website created in accordance with this section that allows a user to search and display payment data of the Montgomery Commission.

(b) On or before December 1, 2021, the Montgomery Commission shall report payment data in accordance with subsection (c) of this section.

(c) (1) The Montgomery Commission shall develop and operate a single searchable website accessible to the public at no cost.

(2) The searchable website shall allow a user to:

(i) search payment data for fiscal year 2020 and each fiscal year thereafter; and

(ii) search by the following data fields:

1. payee name; and

2. payee zip code.

(d) This section may not be construed to require the disclosure of information that is required to be kept confidential under federal, State, or local law.
Md. Code, Insurance § 16-113 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-113
§16–113.
Status: in_force

(a) Subject to the approval of the Commissioner, an insurer authorized to deliver or issue for delivery an annuity contract in the State may deliver or issue for delivery funding agreements.

(b) A funding agreement may be issued to:

(1) a person, or a subsidiary of the person, that is authorized by a state or foreign country to engage in the insurance business; or

(2) a person, other than a person or a subsidiary of the person that is authorized to engage in the insurance business, to fund:

(i) benefits directly or indirectly under an employee benefit plan, as defined in the federal Employee Retirement Income Security Act of 1974, that is maintained in the United States, or under a similar plan maintained in a foreign country;

(ii) the activities of an organization exempt from taxation under § 501(c) of the Internal Revenue Code, or of a similar organization in a foreign country;

(iii) a program, or plan as defined in § 457 of the Internal Revenue Code, of the federal government, a state or political subdivision of a state, or a foreign country or political subdivision of a foreign country;

(iv) an agreement that provides for periodic payments in satisfaction of a claim; or

(v) a program of an institution that has assets in excess of $25,000,000.

(c) (1) An amount may not be guaranteed or credited under a funding agreement except on a reasonable assumption as to investment income and expenses and on a basis equitable to all holders of funding agreements of a given class.

(2) A funding agreement may not provide for payment to or by the insurer based on a mortality or morbidity contingency.

(d) (1) Under a funding agreement, an insurer may allocate amounts paid to the insurer and proceeds applied under optional modes of settlement to the insurer’s general account or to one or more separate accounts.

(2) Amounts allocated to the insurer’s general account and any resulting accumulations shall be invested and reinvested in accordance with the provisions of this article governing investment of the reserves of life insurers.

(3) Amounts allocated to a separate account and any resulting accumulations may be invested and reinvested subject only to §§ 5–506, 5–507, and 5–512(b), (e), (f), (g), (h), and (i) of this article and regulations adopted under subsection (e) of this section.

(e) (1) The Commissioner may adopt regulations governing:

(i) the standards for approval of forms of funding agreements;

(ii) the reserves to be maintained by insurers that issue funding agreements;

(iii) the accounting and reporting of funds credited under funding agreements;

(iv) the disclosure of information to holders and prospective holders of funding agreements; and

(v) the qualification and compensation of persons that sell funding agreements on behalf of insurers.

(2) With respect to separate accounts and any resulting accumulations, the Commissioner shall adopt regulations governing the type and amount of investments that may be made under a funding agreement.

(3) Notwithstanding any other provision of law, the Commissioner has sole authority to regulate:

(i) the issuance and sale of funding agreements; and

(ii) the persons that sell funding agreements on behalf of insurers.

(f) (1) The issuance or delivery of a funding agreement is not the business of life insurance, annuities, health insurance, property insurance, casualty insurance, surety insurance, marine insurance, wet marine and transportation insurance, title insurance, or reinsurance, but is an insurance business.

(2) Solely for the purpose of application of the Tax - General Article, the funding agreements authorized by this section are deemed to be annuity contracts.
Md. Code, Business Occupations and Professions § 16-216 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-216
§16–216.
Status: in_force

In addition to any powers set forth elsewhere, the Commission may:

(1) sponsor research and other educational activities about real estate appraising or home inspecting;

(2) adopt any regulation to carry out the provisions of this title;

(3) review and approve any on-site training programs, including programs that have been approved by national home inspection organizations;

(4) keep a record of its proceedings; and

(5) adopt an official seal to authenticate its proceedings, official records, licenses, and certificates.
Md. Code, Business Regulation § 16-402 — MD Code / Article gbr / Title 16 / Subtitle 4 / Section 16-402
§16–402.
Status: in_force

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

(b) “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.

(c) (1) “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person.

(2) For the purposes of paragraph (1) of this subsection:

(i) “owns”, “is owned”, and “ownership” mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more; and

(ii) “person” means an individual, partnership, committee, association, corporation, or any other organization or group of persons.

(d) “Allocable share” has the meaning that is stated in the Master Settlement Agreement.

(e) (1) “Cigarette” means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

(i) any roll of tobacco wrapped in paper or in any substance not containing tobacco;

(ii) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or

(iii) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in item (i) of this paragraph.

(2) “Cigarette” includes “roll–your–own” tobacco (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes). For purposes of this definition of “cigarette”, 0.09 ounces of “roll–your–own” tobacco shall constitute one individual “cigarette”.

(f) “Master Settlement Agreement” means the settlement agreement and related documents entered into on November 23, 1998, by the State and leading United States tobacco product manufacturers.

(g) “Qualified escrow fund” means an escrow arrangement with a federally or State chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the principal of the escrowed funds for the benefit of releasing parties and prohibits the tobacco product manufacturer that places the funds into escrow from using, accessing, or directing the use of the principal of the funds except as consistent with § 16–403(b) of this subtitle.

(h) “Released claims” means released claims as that term is defined in the Master Settlement Agreement.

(i) “Releasing parties” means releasing parties as that term is defined in the Master Settlement Agreement.

(j) (1) “Tobacco product manufacturer” means an entity that, after June 1, 1999, directly (and not exclusively through any affiliate):

(i) manufactures cigarettes anywhere that such manufacturer intends them to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise the cigarettes in the United States);

(ii) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

(iii) becomes a successor of an entity described in item (i) or (ii) of this paragraph or paragraph (2) of this subsection.

(2) The term “tobacco product manufacturer” shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any provisions of paragraph (1)(i), (ii), or (iii) of this subsection.

(k) “Units sold” means the number of individual cigarettes:

(1) sold in the State by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question; and

(2) as measured by excise taxes collected by the State on packs (or “roll–your–own” tobacco containers) bearing the excise tax stamp of the State or on unstamped “roll–your–own” tobacco containers, with each 0.09 ounces of “roll–your–own” tobacco equaling one (1) unit sold. The State Comptroller shall promulgate regulations necessary to ascertain the amount of State excise tax paid on the cigarettes of such tobacco product manufacturer for each year.
Md. Code, Land Use § 16-210 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-210
§16–210.
Status: in_force

(a) A mediator may be used in the collective bargaining process whenever:

(1) the Commission and the employee organization agree to mediation; or

(2) an impasse results, and the Commission or the employee organization requests mediation.

(b) (1) The mediator shall be selected jointly by the Commission and the employee organization from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.

(2) If the Commission and the employee organization are unable to agree on the selection of a mediator, the labor relations administrator shall select the mediator.

(c) The Commission and the employee organization shall share equally the costs of mediation.
Md. Code, State Finance and Procurement § 16-304 — MD Code / Article gsf / Title 16 / Subtitle 3 / Section 16-304
§16–304.
Status: in_force

(a) The Board shall notify a person that the person is debarred under § 16-202(a) of this title, and shall give reasonable opportunity for that person to be heard on whether the stated basis for debarment exists.

(b) (1) The Attorney General may institute proceedings to debar a person under § 16-202(b) or § 16-203 of this title by filing an administrative complaint with the Board.

(2) The Board shall notify the person that debarment proceedings have been initiated and that the person has a right to a hearing.

(c) Before being debarred, a person subject to debarment under § 16-202(b) or § 16-203 of this title is entitled to a hearing before the Board. The Board shall conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(d) When a unit contracting for a public body is notified that a person who has applied for a contract is subject to debarment under this title, the unit shall notify the person in writing that:

(1) the application may be disqualified; and

(2) the person has a right to a hearing before the Board.

(e) Unless a person notified by the Board pursuant to this section submits a request to the Board for a hearing within 30 days after receiving such notice, the person:

(1) waives the right to a hearing; and

(2) is debarred.
Md. Code, Agriculture § 16-106 — MD Code / Article gag / Title 16 / Subtitle 1 / Section 16-106
§16–106.
Status: in_force

§16–106. ** CONTINGENCY – IN EFFECT – CHAPTER 131 OF 2019 **

The Secretary may adopt regulations to carry out this title, including requirements for the registration of farms that are subject to this title.
Md. Code, Estates and Trusts § 16-111 — MD Code / Article get / Title 16 / Subtitle 1 / Section 16-111
§16–111.
Status: in_force

(a) This title may be cited as the Maryland Uniform TOD Security Registration Act.

(b) This title shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this title among states enacting it.

(c) Unless displaced by the particular provisions of this title, the principles of law and equity supplement its provisions.
Md. Code, Criminal Procedure § 16-401 — MD Code / Article gcp / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

(a) On or before September 30 of each year, the Public Defender shall submit a report to:

(1) the Board of Trustees;

(2) the Governor; and

(3) in accordance with § 2–1257 of the State Government Article, the General Assembly.

(b) The report shall include:

(1) pertinent data about the operations of the Office, including projected needs, a breakdown of the number and type of cases handled, and relative dispositions; and

(2) recommendations for statutory changes, including changes in the criminal law or Maryland Rules to control crime and improve the criminal justice system.
Md. Code, Housing and Community Development § 16-206 — MD Code / Article ghs / Title 16 / Subtitle 2 / Section 16-206
§16–206.
Status: in_force

(1) After considering the recommendations of the County Executive and holding a public hearing, the County Council shall approve, approve with modifications, or disapprove the proposed bond guarantee.

(2) The County Council shall state the terms and conditions of an approved bond guarantee, including:

(i) the maximum interest payable;

(ii) the terms of the bond issue;

(iii) the purposes for which the bond proceeds may be expended; and

(iv) the method of controlling the expenditures of the bond proceeds and the revenues and expenditures for housing projects financed by the bond proceeds.
Md. Code, Health Occupations § 16-502 — MD Code / Article gho / Title 16 / Subtitle 5 / Section 16-502
§16–502.
Status: in_force

Unless authorized to practice podiatry under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice podiatry in this State.
Md. Code, Housing and Community Development § 16-403 — MD Code / Article ghs / Title 16 / Subtitle 4 / Section 16-403
§16–403.
Status: in_force

Before the Montgomery Commission solicits any service contract under this subtitle, the Executive Director shall certify that the Montgomery Commission has complied with §§ 16–404 and 16–405 of this subtitle.
Md. Code, Business Occupations and Professions § 16-5B-03 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-03
§16–5B–03.
Status: in_force

(a) A person shall register with the Commission before the person:

(1) engages or attempts to engage in business as an appraisal management company;

(2) provides or attempts to provide appraisal management services; or

(3) advertises or represents the person to be an appraisal management company.

(b) The registration required under subsection (a) of this section shall include:

(1) the name of the person seeking registration;

(2) the business address of the person seeking registration;

(3) the phone contact information of the person seeking registration;

(4) if the person seeking registration is not a corporation that is domiciled in the State, the name and contact information for the company’s agent for service of process in this State;

(5) the name, address, and contact information of any individual or any corporation, partnership, or other business entity that owns 10% or more of the person seeking registration;

(6) a certification that the person seeking registration will verify that a person being added to the appraiser panel of the appraisal management company holds an appropriate license or certification in good standing in the State under this subtitle for the purpose of performing real estate appraisals;

(7) a certification that the person seeking registration requires appraisers completing appraisals at its request to comply with the Uniform Standards of Professional Appraisal Practice, including the requirements for geographic and product competence;

(8) a certification that the person seeking registration will require appraisals to be conducted independently as required by the appraisal independence standards under Section 129E of the Truth in Lending Act, including the requirements of payment of a reasonable and customary fee to appraisers when the appraisal management company is providing services for a consumer credit transaction secured by the principal dwelling of a consumer;

(9) a certification that the person seeking registration maintains a detailed record of each service request that it receives and the appraiser that performs the residential real estate appraisal services for the person under § 16–5B–09 of this subtitle;

(10) an irrevocable Uniform Consent to Service of Process in accordance with § 16–5B–04(c) of this subtitle; and

(11) any other information that the Commission reasonably requires to implement this subtitle.

(c) If the registration process required under subsection (a) of this section has not been established as of the effective date of this subtitle, an appraisal management company may, without being registered under this subtitle, continue to provide appraisal management services in accordance with this subtitle for 120 days after a registration process becomes available.

(d) An appraisal management company that has submitted a complete application for registration under subsection (b) of this section may continue to provide appraisal management services in accordance with this subtitle until the Commission makes a final decision to approve or deny the company’s application for registration under this subtitle.
Md. Code, Criminal Procedure § 16-402 — MD Code / Article gcp / Title 16 / Subtitle 4 / Section 16-402
§16–402.
Status: in_force

Funds for carrying out this title shall be as provided in the State budget.
Md. Code, Estates and Trusts § 16-101 — MD Code / Article get / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

(a) In this title the following terms have the meanings indicated unless the context otherwise requires.

(b) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security on the death of the owner.

(c) “Devisee” means any person designated in a will to receive a disposition of real or personal property.

(d) “Heirs” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

(e) “Personal representative” includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.

(f) “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(g) “Register”, including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

(h) “Registering entity” means a person who originates or transfers a security title by registration, and includes a broker or trust company maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

(i) (1) “Security” means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer.

(2) “Security” includes a certificated security, an uncertificated security, and a security account.

(j) (1) “Security account” means:

(i) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death;

(ii) A cash balance or other property held for or due to the owner of security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death; or

(iii) A securities account maintained by a trust company for one or more customers.

(2) “Security account” does not include:

(i) An account as defined in § 1–204(b)(2) of the Financial Institutions Article; or

(ii) A securities account held by a trust company as a fiduciary as defined in § 15–101 of this article.

(k) “Trust company” has the meaning stated in § 1-101 of this article.
Md. Code, Insurance § 16-215 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-215
§16–215.
Status: in_force

(a) Except as otherwise provided in this section, a policy of life insurance may not be delivered or issued for delivery in the State if the policy excludes or restricts liability for death that is caused in a specified manner or occurs while the insured has a specified status.

(b) (1) Except as provided in paragraph (2) of this subsection, a policy of life insurance may contain a provision that excludes or restricts coverage for death under any of the following circumstances:

(i) death as a direct or indirect result of:

1. a declared or undeclared war;

2. action by military forces;

3. an act or hazard of a declared or undeclared war or of an action by military forces;

4. service in the military forces or in civilian forces auxiliary to the military forces; or

5. any cause while the insured is a member of the military forces of any country at war, declared or undeclared, or of any country engaged in an action by military forces;

(ii) death as a result of aviation or air travel;

(iii) death that occurs within 2 years after the date of issue of the policy as a result of a specified hazardous occupation or avocation;

(iv) death that occurs within 2 years after the date of issue of the policy while the insured resides outside of the continental United States and Canada; or

(v) death that occurs within 2 years after the date of issue of the policy as a result of suicide while sane or insane.

(2) A policy of life insurance may not be delivered or issued for delivery in the State if the policy excludes or restricts liability for death that is the result of an act of terrorism that the covered person did not commit and in which the covered person did not participate.

(3) If a policy contains an exclusion or restriction listed in this subsection, the policy also shall provide that, for death under the circumstances to which the exclusion or restriction applies, the insurer shall pay a determinable amount of at least:

(i) the reserve calculated in accordance with the Commissioner’s reserve valuation method on the basis of the mortality table and interest rate specified in the policy for the calculation of nonforfeiture benefits; or

(ii) if the policy does not provide nonforfeiture benefits, the reserve calculated in accordance with a mortality table and interest rate determined by the insurer and specified in the policy.

(4) The table and interest rate used under paragraph (3) of this subsection must be acceptable as a standard for the valuation of the policy in accordance with Title 5, Subtitle 3 of this article with adjustment for indebtedness or dividend credit.

(c) This section does not apply to:

(1) group life insurance;

(2) reinsurance; or

(3) a provision in a policy of life insurance that relates to additional disability benefits or to additional benefits for death by accident or accidental means.

(d) This section does not prohibit any policy provision that in the opinion of the Commissioner is more favorable to the policyholder than a provision allowed by this section.

(e) Notwithstanding any other provision of law, in any newly issued policy of life insurance, the 2-year exclusion for death as a result of suicide allowed in subsection (b)(1)(v) of this section is deemed to begin on the date on which the insurer first issued a life insurance policy to the insured except that:

(1) the exclusion for death as a result of suicide may begin on the date of issue of the new policy if the prior policy terminates:

(i) before the date of issue of the new policy; or

(ii) more than 12 months after the date of issue of the new policy;

(2) if the newly issued policy provides death benefits in excess of the amount of death benefits payable under the prior policy, the exclusion for death as a result of suicide as to the excess amount of death benefits only may begin on the date of issue of the new policy; and

(3) for purposes of the exclusion for death as a result of suicide, if more than one prior policy is terminated within the 12-month period specified in item (1) of this subsection, the suicide exclusion period for the amount of death benefits represented by the terminated policies is deemed to have begun on the dates of issue of those policies.
Md. Code, Housing and Community Development § 16-402 — MD Code / Article ghs / Title 16 / Subtitle 4 / Section 16-402
§16–402.
Status: in_force

(a) (1) This subtitle applies to a service contract that:

(i) is solicited by the Montgomery Commission as a management plan intended to adversely affect Montgomery Commission employees represented by a certified representative; and

(ii) in the estimation of the Montgomery Commission procurement officer, will exceed an annual cost of $75,000 as calculated under paragraph (2) of this subsection.

(2) The Montgomery Commission shall adjust the annual cost estimation described in paragraph (1)(ii) of this subsection to the nearest $100 every 2 years, beginning on October 1, 2008, to reflect any aggregate increase in the Consumer Price Index for All Urban Consumers, for the Washington Metropolitan Area, or any successor index, for the previous 2 years.

(b) This subtitle does not apply to:

(1) solicitation of a service contract as part of a management plan and not for a present or eventual purpose of adversely affecting Montgomery Commission employees represented by the certified representative;

(2) solicitation of a service contract for which the primary purpose is to obtain goods or construction services;

(3) solicitation of a service contract that the Montgomery Commission’s purchasing officials reasonably believe and express in writing may negatively affect the potential for participation by a minority, female, or disabled owned business in the Montgomery Commission’s minority, female, and disabled persons program under procurement policies, as amended;

(4) solicitation of a service contract for a service provided by a consultant;

(5) solicitation of a service contract for a professional service, unless the scope of service is provided by bargaining unit employees when the contract is solicited;

(6) solicitation of a service contract that the Montgomery Commission reasonably believes is:

(i) necessary to meet an emergent or imminent threat to public health, welfare, or safety;

(ii) required to comply with the requirements of any grant related to the funding of that contract; or

(iii) related to the settlement of an insurance claim;

(7) solicitation of a service contract that is in the best interest of an employee based on a need for specialized safety experience or expertise;

(8) solicitation of a service contract for any service provided by a public entity or provided to the Montgomery Commission in accordance with a public–private partnership with a private entity;

(9) solicitation of a service contract to be awarded on a noncompetitive basis in accordance with all applicable laws, rules, and regulations regarding those contracts;

(10) a service contract entered into prior to October 31, 2008;

(11) the renewal or rebidding of a service contract entered into prior to October 31, 2008, if the renewal or rebidding of the service contract does not result in a greater adverse effect on bargaining unit employees than existed prior to its renewal or rebidding;

(12) solicitation of a service contract for a capital improvement project, a U.S. Department of Housing and Urban Development 236 property, a newly–acquired or developed property, unless that property is both owned and managed by the Montgomery Commission, or an asset management project;

(13) solicitation of any class, type, category, or particular service contract that the Montgomery Commission reasonably believes should be performed by an independent contractor to eliminate a conflict of interest otherwise apparent if the services are performed by a bargaining unit employee;

(14) solicitation of any class, type, category, or particular service contract when the need for the service or activity is such that the time necessary for the analysis required under § 16–403 of this subtitle would:

(i) result in damage to Montgomery Commission property;

(ii) result in injury to individuals; or

(iii) substantially hinder the objective of constructing or maintaining safe, sanitary, and decent properties and facilities; or

(15) a service contract required to comply with an applicable rule, regulation, or guideline established by the U.S. Department of Housing and Urban Development.

(c) This subtitle does not apply to or limit the authority of the Montgomery Commission to abolish a bargaining unit position or conduct a reduction in force.
Md. Code, Insurance § 16-217 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-217
§16–217.
Status: in_force

A policy of wholesale life insurance may not be delivered or issued for delivery in the State unless:

(1) the policy contains the provisions and conforms to the requirements that the Commissioner sets by regulation; and

(2) a copy of the form for the policy has been filed under § 12-203 of this article and approved by the Commissioner.
Md. Code, Business Occupations and Professions § 16-5B-16 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-16
§16–5B–16.
Status: in_force

(a) The Commission shall issue a unique registration number to each appraisal management company that is registered in this State.

(b) The Commission shall publish annually a list of appraisal management companies.

(c) An appraisal management company shall disclose the company’s registration number on any instrument utilized by the appraisal management company to procure appraisal services in this State.
Md. Code, Transportation § 16-111.1 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-111.1
§16–111.
Status: in_force

§16–111.1.

(a) An applicant is entitled to receive the driver’s license applied for if the applicant:

(1) Passes the examination provided for in this subtitle;

(2) Surrenders the last learner’s instructional permit issued to him, if any; and

(3) Pays the fees provided for by this subtitle.

(b) (1) This subsection applies to an applicant who holds a provisional license under § 16-111 of this subtitle.

(2) An applicant is entitled to receive a license if the applicant:

(i) Meets the minimum age required under § 16-103(c)(3) of this subtitle;

(ii) Satisfies the provisional license requirements under § 16-111(d) or (e) of this subtitle;

(iii) Surrenders any provisional license issued to the applicant; and

(iv) Pays the fee established under this subtitle.

(c) (1) Each license issued by the Administration shall be identified clearly as to its specific class. A Class M license may be issued in combination with any one of the other classes.

(2) The Administration shall assign an identifying number to each license it issues.

(3) The Administration may not use, include, or encode, in any form, an individual’s Social Security number on the individual’s driver’s license.

(d) (1) Subject to paragraph (2) of this subsection, each noncommercial Class A, B, C, or M license issued by the Administration shall be of the size, design, and content that the Administration specifies.

(2) A noncommercial Class A, B, C, or M license shall include:

(i) The name and residence address of the licensee;

(ii) The date of birth of the licensee;

(iii) A description of the licensee, which shall include the height, weight, and sex of the licensee;

(iv) A color photograph of the applicant that is taken in accordance with a procedure that the Administration requires;

(v) The type or class of vehicles that the license authorizes the licensee to drive;

(vi) The signature and seal of the issuing agent; and

(vii) A space for the signature of the licensee.

(e) (1) A license is not valid unless the licensee signs the license in the licensee’s usual signature.

(2) When issued and signed, a driver’s license authorizes the licensee to drive any vehicle of the type or class specified on it, subject to any restrictions endorsed on the license.

(f) (1) Only one current driver’s license may be issued by the Administration to and held by any individual at any one time.

(2) Before issuing a license, the Administration shall require the applicant to surrender any license issued to the applicant by any other jurisdiction.
Md. Code, Alcoholic Beverages and Cannabis § 16-1403 — MD Code / Article gab / Title 16 / Subtitle 14 / Section 16-1403
§16–1403.
Status: in_force

The Board shall obtain criminal history record information of each applicant for a license from the Central Repository.
Md. Code, Education § 16-407.1 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-407.1
§16–407.
Status: in_force

§16–407.1.

(a) There is a Hagerstown Community College Police Force.

(b) (1) A Hagerstown Community College police officer has the powers granted to a peace and police officer.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, a Hagerstown Community College police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of Hagerstown Community College.

(ii) The police officer may exercise these powers on any other property if:

1. Engaged in fresh pursuit of a suspected offender;

2. Necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of Hagerstown Community College;

3. Ordered to do so by the Governor; or

4. In Washington County when:

A. Responding to an imminent threat to life, property, or public safety; or

B. Complying with a memorandum of understanding between the Hagerstown Community College Police Force and another law enforcement agency with jurisdiction.

(c) (1) In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Hagerstown Community College Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Hagerstown Community College police officers, including standards for the performance of their duties.

(2) To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.

(d) The Hagerstown Community College Board of Trustees shall adopt regulations governing the operation and conduct of the Hagerstown Community College Police Force and of Hagerstown Community College police officers.

(e) Nothing in this section may be construed to:

(1) Supersede the authority or jurisdiction of:

(i) The Washington County Sheriff’s Office; or

(ii) Any other law enforcement agency, as defined in § 1–101(c) of the Public Safety Article; or

(2) Limit the authority or jurisdiction of the Hagerstown Community College Police Force authorized under § 5–802 of the Criminal Law Article.
Md. Code, Business Occupations and Professions § 16-509 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-509
§16–509.
Status: in_force

The certified residential and certified general real estate appraiser classifications shall consist of those classifications as established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Md. Code, Transportation § 16-101 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

(a) (1) An individual may not drive or attempt to drive a motor vehicle on any highway in this State unless:

(i) The individual holds a driver’s license issued under this title;

(ii) The individual is expressly exempt from the licensing requirements of this title; or

(iii) The individual otherwise is specifically authorized by this title to drive vehicles of the class that the individual is driving or attempting to drive.

(2) On portions of a highway in the State where driving an all–terrain vehicle or a snowmobile is authorized by this article, an individual may not drive or attempt to drive an all–terrain vehicle or a snowmobile on the highway unless:

(i) The individual holds a driver’s license issued under this title; or

(ii) The individual is expressly exempt from the licensing requirements of this title.

(b) Each individual operating on any highway in this State a moped, as defined in § 11–134.1 of this article or a motor scooter, as defined in § 11–134.5 of this article, shall have with the individual:

(1) A driver’s license issued to the individual under this title, which license may be of any class issued by the Administration;

(2) If the individual is a nonresident of this State, a license to drive issued to the individual by the state or country of the individual’s residence, which license may be for any class of vehicle; or

(3) A moped operator’s permit issued to the individual under this subtitle.

(c) A person convicted of a violation of this section is subject to:

(1) For a first offense, imprisonment not exceeding 60 days or a fine not exceeding $500 or both; and

(2) For a second or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
Md. Code, Housing and Community Development § 16-314 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-314
§16–314.
Status: in_force

(a) (1) This subtitle and any agreement made under it do not impair the right and duty of the Montgomery Commission to:

(i) determine the budget and mission of the Montgomery Commission;

(ii) maintain and improve the efficiency and effectiveness of operations;

(iii) determine the services to be rendered and the operations to be performed;

(iv) determine the location of facilities and the organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted;

(v) direct and supervise employees;

(vi) hire, choose, and establish the standards governing promotion of employees, and classify positions;

(vii) relieve employees from duties because of lack of work or money or when the Montgomery Commission determines that continued work would be inefficient or nonproductive;

(viii) take action to carry out the missions of government in emergencies;

(ix) transfer and schedule employees;

(x) determine the size, grades, and composition of the workforce;

(xi) set the standards of productivity and technology;

(xii) establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures shall be a subject for bargaining;

(xiii) make and carry out systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;

(xiv) introduce new or improved technology, research, development, and services;

(xv) control and regulate the use of machinery, equipment, and other property and facilities of the Montgomery Commission, subject to § 16–308(a)(5) of this subtitle;

(xvi) maintain internal security standards;

(xvii) suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure set forth in the collective bargaining agreement; and

(xviii) issue and enforce rules, policies, and regulations necessary to carry out this subsection and all other managerial functions that are not inconsistent with this Division II, federal or State law, or the terms of a collective bargaining agreement.

(2) (i) Subject to subparagraph (ii) of this paragraph, this subtitle and any agreement made under it do not impair the right and responsibility of the Montgomery Commission to create, alter, combine, contract out, or abolish a job classification, department, operation, unit, or other division or service.

(ii) The Montgomery Commission may undertake the contracting of work that will displace employees only if the Montgomery Commission gives written notice to the certified representative at least 90 days before signing the contract or within a different period that is agreed to by the parties.

(b) (1) The Montgomery Commission may not:

(i) interfere with, coerce, or restrain an employee in the exercise of rights under this subtitle;

(ii) dominate, interfere with, or assist in the formation, administration, or existence of any employee organization or contribute financial assistance or other support to an employee organization;

(iii) encourage or discourage membership in an employee organization by discriminating against an employee through hiring, tenure, promotion, or other conditions of employment;

(iv) discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this subtitle; or

(v) refuse to bargain in good faith with an employee organization that is certified as the exclusive representative of a bargaining unit over any subject of bargaining or refuse to participate in good faith in the mediation, fact–finding, or grievance procedure under this subtitle.

(2) Paragraph (1)(ii) of this subsection does not prohibit the Montgomery Commission from allowing employees to negotiate or to confer with the Montgomery Commission over labor matters during work hours without the loss of pay or time.
Md. Code, Local Government § 16-405 — MD Code / Article glg / Title 16 / Subtitle 4 / Section 16-405
§16–405.
Status: in_force

(a) This section does not apply to Baltimore City.

(b) A county or municipality may borrow money under this subtitle on its full faith and credit.

(c) A county or municipality may issue individual notes, certificates of debt, or other evidence of indebtedness for any amount borrowed under this subtitle.

(d) Subject to the limits in this subtitle, the governing body of a county or municipality shall determine:

(1) the manner, method, means, and conditions for borrowing money under this subtitle;

(2) the kind and character of the debt issued;

(3) the form and substance of the debt issued;

(4) the interest rate of the debt issued;

(5) the manner, method, or means of sale, both public or private, of the debt issued;

(6) when the money shall be borrowed; and

(7) when the debt shall be issued.

(e) A county or municipality may not incur debt under this subtitle in an aggregate amount that exceeds the total amount estimated to be raised by a property tax imposed by the county or municipality at a rate of 3.2 cents on each $100 of assessment.

(f) A debt incurred under this subtitle shall mature and be paid within 2 years after the date the debt was incurred.

(g) Subject to § 16–404(b) of this subtitle, a county or municipality that borrows money under this subtitle shall impose a property tax in an amount sufficient to repay the money borrowed, with interest, in full within 2 years after the date the debt was incurred.
Md. Code, Transportation § 16-301 — MD Code / Article gtr / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

(a) A person may not knowingly or fraudulently obtain or attempt to obtain a license to drive or a moped operator’s permit by misrepresentation.

(b) A person may not in any application for a license to drive or a moped operator’s permit:

(1) Use a false or fictitious name;

(2) Knowingly make a false statement;

(3) Knowingly conceal a material fact;

(4) Use a false, fictitious, or fraudulently altered document; or

(5) Otherwise commit a fraud.

(c) A person may not display or cause or permit to be displayed any canceled license.

(d) A person may not display or cause or permit to be displayed any revoked license.

(e) A person may not display or cause or permit to be displayed any suspended license.

(f) A person may not display or cause or permit to be displayed any fictitious license.

(g) A person may not display or cause or permit to be displayed any fraudulently altered license.

(h) A person may not possess any canceled license.

(i) A person may not possess any revoked license.

(j) A person may not possess any suspended license.

(k) A person may not possess any fictitious license.

(l) A person may not possess any fraudulently altered license.

(m) A person may not lend his license to any other person or knowingly permit the use of his license by another.

(n) A person may not display or represent as his own any license not issued to him.

(o) A person may not fail or refuse to surrender to the Administration on its lawful demand any license that has been suspended, revoked, or canceled.

(p) A person may not permit any unlawful use of a license issued to him.

(q) A person may not engage in any fraudulent or dishonest conduct in the examination or testing process for the issuance or renewal of a driver’s license or moped operator’s permit, including for the driver skills examination, the driver knowledge test, or any required vision or medical examinations.

(r) (1) Except as provided in paragraphs (2) and (3) of this subsection, a person convicted of a violation of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

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

(3) A person convicted of a violation of subsection (c), (d), (e), (h), (i), or (j) of this section is subject to a fine not exceeding $500.
Md. Code, Education § 16-302.1 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-302.1
§16–302.
Status: in_force

§16–302.1.

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

(2) “Authority” means the Maryland Health and Higher Educational Facilities Authority established under Title 10, Subtitle 3 of the Economic Development Article.

(3) “Board” means:

(i) A board of community college trustees established under § 16–101 of this title;

(ii) A board of regional community college trustees established under § 16–202 of this title;

(iii) The Board of Trustees of the Baltimore City Community College established under § 16–504 of this title; and

(iv) The Board of Trustees of the College of Southern Maryland established under § 16–604 of this title.

(4) “Cost” means the cost of:

(i) Acquisition of a project or any interest in a project;

(ii) Installation of a project, including any demolition, construction, reconstruction, or renovation directly related to a project;

(iii) Financing charges associated with a project;

(iv) Interest before and during acquisition of a project and, if deemed advisable by the board, for a period of up to 1 year after completion of acquisition of a project;

(v) Interest and reserves for principal and interest and for maintenance and repair of a project;

(vi) Architectural, engineering, financial, and legal services associated with a project;

(vii) Plans, specifications, studies, surveys, and estimates of costs and revenues for a project;

(viii) Administrative expenses necessary or incident to determining the feasibility or practicability of a project; and

(ix) Other expenses that are necessary or incident to the acquisition of a project, the financing or refinancing of the acquisition of a project, and the placing of a project in operation.

(5) “Governing body” means:

(i) The county council of a county with a charter form of government established under Article XI–A of the Maryland Constitution; or

(ii) The board of county commissioners of any other county.

(6) “Note” means a note, bond, lease, purchase agreement, or other evidence of obligation.

(7) (i) “Project” means equipment, machinery, and other personal property, whether or not in the nature of fixtures, essential or convenient for the operation of a community college.

(ii) “Project” includes licenses and other rights acquired by a board for the use of equipment, machinery, and other personal property described in subparagraph (i) of this paragraph.

(b) A board may finance or refinance the costs of a project by entering into an agreement with the Authority that is evidenced by a note or notes issued by the board if, prior to the issuance of any note, the board and the governing body of each county that supports a community college governed by the board adopts a resolution that meets the requirements of subsection (c) of this section.

(c) (1) Prior to the issuance of any note under this section, a board and the governing body of each county that supports a community college governed by the board shall each adopt a resolution that authorizes the board to finance or refinance the costs of a project by entering into an agreement with the Authority.

(2) The resolution shall:

(i) Generally describe the project to be financed or refinanced;

(ii) Specify the maximum aggregate principal amount of any note issued pursuant to the agreement; and

(iii) Impose any terms or conditions on the issuance of a note that the board or governing body deems appropriate.

(3) A resolution adopted under this subsection is administrative in nature and not subject to:

(i) Procedures required for legislative acts; or

(ii) Referendum.

(d) (1) A board may enter into any agreement necessary or appropriate in connection with the issuance of any note, including an agreement to provide:

(i) Additional credit or liquidity support for a note or a bond issued by the Authority on its behalf; and

(ii) A fixed interest rate or maximum interest rate for a variable rate note or a bond issued by the Authority on its behalf.

(2) If the board enters into an agreement authorized under paragraph (1) of this subsection, the agreement may include provisions that:

(i) Grant a security interest in a project for which a note is issued or pledge all or part of the fees, charges, and other revenues received from or in connection with a project to the payment of a note;

(ii) Allow for the investment and reinvestment of the proceeds of a note until the proceeds are used for the purposes for which the note was issued;

(iii) Govern the disposition of any excess proceeds and the investment earnings on any excess proceeds; and

(iv) Require that the board operate and maintain all or a portion of the project regardless of whether the fees, charges, and other revenues received from or in connection with the project are sufficient to cover the cost of operating or maintaining all or a portion of the project.

(e) (1) The board shall specify or authorize the chair or other member of the board to specify:

(i) The principal amount of a note;

(ii) The rate or rates of interest payable on a note or the method of determining the rate or rates of interest payable on a note;

(iii) Subject to paragraph (2) of this subsection, the date of maturity of a note, the payment provisions of a note, and the optional and mandatory prepayment provisions of a note, including any mandatory sinking fund installments for the note; and

(iv) Other matters, details, forms, documents, and procedures relating to the authorization, issuance, execution, sale, delivery, and payment of a note and the security for a note.

(2) The date of maturity for a note may not exceed the useful life of the project for which the note is issued.

(f) (1) A note shall be executed on behalf of the board by the manual or facsimile signature of the chair of the board or other member of the board authorized by resolution of the board.

(2) If the individual whose signature or countersignature appears on a note ceases to be a member of the board before delivery of the note, the individual’s signature or countersignature shall be valid and sufficient for all purposes the same as if the individual had remained a member of the board until delivery.

(g) The principal amount of a note, the interest payable on a note, the transfer of a note, and any income derived from the transfer of a note, including any profit made on the sale or transfer of a note, shall be exempt from taxation by the State and any county or municipality in the State.

(h) A note issued under this section does not create or constitute a debt or obligation of the State or any county or municipality in the State and does not constitute a debt or obligation of the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.

(i) If requested by the Authority, the State Comptroller shall withhold from any installment due the board from the State’s General Fund appropriation money for deposit to the credit of a sinking fund maintained to pay a note in an amount up to the total amount payable on the note and any agreements entered into in accordance with this section in the current fiscal year and the next succeeding fiscal year.

(j) This section provides additional, alternative, and supplemental authority in relation to powers conferred upon a board under any other existing law and may not be regarded as in derogation of or as a limitation to any existing power of a board.
Md. Code, State Finance and Procurement § 16-311 — MD Code / Article gsf / Title 16 / Subtitle 3 / Section 16-311
§16–311.
Status: in_force

(a) Every person, upon submitting a bid proposal or other application for a contract with a public body, shall submit an affidavit stating to its best knowledge whether it or any of its officers, directors, or partners, or any of its employees who are directly involved in obtaining or performing contracts with any public bodies has:

(1) been convicted of bribery, attempted bribery, or conspiracy to bribe, under the laws of any state or of the federal government;

(2) been convicted under a State or federal law or statute of any offense enumerated in § 16-203 of this title; or

(3) been found civilly liable under a State or federal antitrust statute as provided in § 16-203 of this title.

(b) The affidavit required by subsection (a) of this section shall also contain the person’s affirmation that it shall not knowingly enter into a contract with a public body under which a person or business debarred or suspended under this subtitle will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

(c) The requirements of this section are satisfied if the affidavit:

(1) incorporates by reference the statements contained in an affidavit filed with the same public body within the previous year pursuant to the requirements of this section; and

(2) states that those statements remain accurate.
Md. Code, Local Government § 16-308 — MD Code / Article glg / Title 16 / Subtitle 3 / Section 16-308
§16–308.
Status: in_force

(a) Each county shall adopt uniform rules and regulations for the auditing of the financial records of each special taxing district created by the county that:

(1) receives money collected by the county from a county property tax imposed at the request of the special taxing district;

(2) has annual expenditures exceeding $250,000; and

(3) has money disbursed and expended independently of the county government.

(b) At a minimum, the rules and regulations required under subsection (a) of this section shall require the audit to:

(1) be conducted by:

(i) a certified public accountant:

1. acting in the capacity of an independent auditor or an official auditor of the county; and

2. who is in compliance with the Maryland Public Accountancy Act; or

(ii) an auditing committee approved by the official auditor of the county;

(2) determine if tax funds have been received, deposited, and disbursed in accordance with approved appropriations and State and local law;

(3) include the following financial statements:

(i) a balance sheet;

(ii) a statement of revenues;

(iii) a statement of expenditures and encumbrances; and

(iv) a statement of changes in fund balance; and

(4) be completed and filed with the appropriate county officials not later than 90 days after the close of the fiscal year.

(c) For a special taxing district that is created by the county and has annual expenditures of less than $250,000, the county shall require:

(1) an annual financial report; and

(2) an audit every 4 years unless the county determines, on a case–by–case basis, that more frequent audits are required.

(d) If a special taxing district subject to subsection (a) or (c) of this section does not file a financial report or audit report required by the county, the county may withhold the distribution of taxes imposed on behalf of the special taxing district until the report is received.

(e) (1) When a county files its audit report with the Legislative Auditor as required by § 16–306 of this subtitle, the county also shall submit:

(i) a copy of each financial report and audit report received from each special taxing district subject to subsection (a) or (c) of this section; and

(ii) a report on the results of the county’s review of each special taxing district’s compliance with this section.

(2) The Legislative Auditor shall:

(i) review the financial reports, audit reports, and other information received from each county; and

(ii) submit recommendations as appropriate based on the results of the review.
Md. Code, Environment § 16-107 — MD Code / Article gen / Title 16 / Subtitle 1 / Section 16-107
§16–107.
Status: in_force

(a) (1) This section applies to a development project to expand a marina that historically operated as a working marina for the sole purpose of supporting aquaculture or seafood operations.

(2) This section does not apply to a development project to expand a marina if the existing or expanded marina is used to allow a person to moor, dock, or store recreational or pleasure vessels.

(b) (1) Except as provided in subsection (c) of this section, the Board may issue a license under this title for a development project to expand a marina that is located in an area where the water depth is less than 4 1/2 feet at mean low water and on a waterway without strong flushing if the development project:

(i) Enhances aquaculture activities or seafood operations;

(ii) Is located in a marina or seafood operation at a marina operated by a nonprofit organization to promote aquaculture activities or oyster restoration in the State;

(iii) Does not adversely impact submerged aquatic vegetation; and

(iv) Will further the policies of the State related to aquaculture.

(2) The license authorized under paragraph (1) of this subsection may authorize dredging to improve navigational access to the marina or marina facility operations.

(c) The Board may not issue a license under this title unless the applicant for the license has obtained the following authorizations if required by local, State, or federal law:

(1) Local planning or zoning authorization;

(2) An aquaculture lease;

(3) A water column lease or a submerged land lease issued by the Department of Natural Resources; and

(4) A permit issued by the U.S. Army Corps of Engineers under § 404 of the federal Clean Water Act or under § 10 of the federal Rivers and Harbors Act.
Md. Code, Land Use § 16-209 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-209
§16–209.
Status: in_force

(a) (1) If the parties have not reached an agreement on or before December 1 on a collective bargaining agreement that would become effective the following July 1, the parties jointly shall appoint a mediator–arbitrator.

(2) If the parties are unable to agree on a mediator–arbitrator, the labor relations administrator shall appoint the mediator–arbitrator on or before December 7.

(3) Notwithstanding appointment of the mediator–arbitrator, this section does not require mediation–arbitration to begin before the date set forth in subsection (c) of this section.

(b) During the course of the collective bargaining:

(1) either party may declare an impasse and request the services of the mediator–arbitrator; or

(2) the parties jointly may request the services of a mediator–arbitrator before an impasse is declared.

(c) If the mediator–arbitrator finds in the mediator–arbitrator’s sole discretion that the parties are at a bona fide impasse or on February 1, whichever occurs earlier, the mediator–arbitrator shall direct the parties to submit:

(1) a joint memorandum listing all items to which the parties previously agreed; and

(2) a separate memorandum of each party’s last final offer presented in negotiations on all items to which the parties previously did not agree.

(d) (1) On or before February 10, the mediator–arbitrator shall hold a closed hearing on the parties’ proposals at a time, date, and place selected by the mediator–arbitrator.

(2) Each party shall submit evidence or make oral and written arguments in support of the party’s last final offer.

(3) The mediator–arbitrator may not open the hearing to a person that is not a party to the mediation–arbitration.

(e) (1) On or before February 15, the mediator–arbitrator shall issue a report selecting the final offer submitted by the party that the mediator–arbitrator determines to be more reasonable when viewed as a whole.

(2) In determining which offer is more reasonable, the mediator–arbitrator:

(i) may consider only:

1. past collective bargaining agreements between the parties, including the past bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions;

2. a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington metropolitan area and the State;

3. a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County and Prince George’s County;

4. the public interest and welfare;

5. the ability of the Commission to finance any economic adjustments required under the proposed agreement;

6. the effects of any economic adjustments on the standard of public services normally provided by the Commission; and

7. the annual increase or decrease in consumer prices for all items as reflected in the most recent Consumer Price Index – Urban Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area; and

(ii) shall consider all items on which the parties agreed before the mediation–arbitration began to be integrated into each offer.

(3) (i) The mediator–arbitrator may not receive or consider the history of collective bargaining relating to the immediate dispute, including any offers of settlement not contained in the offer submitted to the mediator–arbitrator.

(ii) The mediator–arbitrator may not compromise or alter the final offer that the mediator–arbitrator selects.

(f) (1) (i) Subject to subparagraph (ii) of this paragraph, the offer selected by the mediator–arbitrator, as integrated with the items on which the parties previously agreed, shall be the final agreement between the Commission and the exclusive representative without ratification by the parties.

(ii) Any terms or conditions of the final agreement that require an appropriation of funds or the adoption of regulations or that have a present or future fiscal impact are subject to approval by the Montgomery County Council and Prince George’s County Council.

(iii) The Commission shall request funds in the Commission’s final budget from the county councils for all economic provisions of the final agreement.

(2) The parties shall execute an agreement incorporating the final agreement, including arbitration awards and all issues agreed to under this subtitle.

(g) The Commission and the employee organization shall share equally the costs of the mediator–arbitrator’s services.
Md. Code, Insurance § 16-110 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-110
§16–110.
Status: in_force

(a) If a resident of the State dies intestate and leaves an estate that consists of assets, including life insurance proceeds, in a total amount not exceeding $1,000, an insurer may pay the life insurance proceeds to the decedent’s surviving spouse, child, or parent, without the grant of letters of administration, if the individual to whom payment is to be made provides the insurer with:

(1) an affidavit that states that the entire estate of the decedent, including life insurance proceeds, does not exceed $1,000; or

(2) a letter of administration as provided by the Small Estate Law, §§ 5-601 through 5-607 of the Estates and Trusts Article.

(b) The insurer may pay the share of a minor to an institution or to a relative of the minor, with custody of the minor, without requiring the institution or relative to be appointed the legal guardian of the minor.

(c) Payment by an insurer under this section, or under a facility of payment clause in a policy of life insurance, discharges the insurer from all further liability with respect to the life insurance proceeds.
Md. Code, Alcoholic Beverages and Cannabis § 16-1801 — MD Code / Article gab / Title 16 / Subtitle 18 / Section 16-1801
§16–1801.
Status: in_force

Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Transportation § 16-819 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-819
§16–819.
Status: in_force

(a) The Administration shall retain a record of:

(1) Each commercial driver’s license application that it receives; and

(2) Each commercial driver’s license that it issues.

(b) The Administration shall retain as part of the driving record:

(1) Each conviction for any offense related to the use or operation of a motor vehicle which is prohibited by State law, municipal ordinance, or administrative rule or regulation, or reported by another state’s driver licensing authority; and

(2) Each administrative action taken by the Administration or reported by another state’s driver licensing authority.

(c) The Administration shall retain the driving records of individuals who have been issued commercial driver’s licenses for at least the period of time required by the Commercial Driver’s License Information System (CDLIS) established by the Secretary, United States Department of Transportation.
Md. Code, Local Government § 16-205 — MD Code / Article glg / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

(a) (1) The annual salary of the County Treasurer of Washington County is:

(i) as set by the County Commissioners of Washington County under Title 28, Subtitle 2 of this article; or

(ii) any increased compensation authorized by the County Commissioners of Washington County.

(2) The County Treasurer shall determine the annual salaries of the deputy treasurer and employees in the office, subject to:

(i) the approval of the County Commissioners; and

(ii) any increased compensation authorized by the County Commissioners.

(b) The County Commissioners of Washington County shall pay the office expenses of the County Treasurer of Washington County.
Md. Code, Business Occupations and Professions § 16-601 — MD Code / Article gbo / Title 16 / Subtitle 6 / Section 16-601
§16–601.
Status: in_force

(a) Subject to the provisions of this section, the Commission shall start proceedings under § 16–701, § 16–701.1, or § 16–701.2 of this title on a complaint made to the Commission by any person.

(b) (1) A complaint shall:

(i) be in writing; and

(ii) state specifically the facts on which the complaint is based.

(2) If a complaint is made by any person other than the Commission, the complaint shall be made under oath by the person who submits the complaint.

(3) A complaint may be accompanied by documentary or other evidence.

(c) The Commission shall investigate each complaint submitted to the Commission if the complaint:

(1) alleges facts that establish a prima facie case that is grounds for disciplinary action under § 16–701, § 16–701.1, or § 16–701.2 of this title; and

(2) meets the requirements of this section.

(d) (1) On conclusion of the investigation, the Commission shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under § 16–701, § 16–701.1, or § 16–701.2 of this title against an applicant or licensee.

(2) (i) If the Commission finds a reasonable basis as provided under paragraph (1) of this subsection, the Commission shall act on the complaint as provided under § 16–602 of this subtitle.

(ii) If the Commission does not find a reasonable basis as provided under paragraph (1) of this subsection, the Commission shall dismiss the complaint.
Md. Code, Alcoholic Beverages and Cannabis § 16-1308.1 — MD Code / Article gab / Title 16 / Subtitle 13 / Section 16-1308.1
§16–1308.
Status: in_force

§16–1308.1.

(a) There is a beer, wine, and liquor (BWL) tasting license.

(b) The Board may issue the license to a holder of a beer, wine, and liquor (BWL) license.

(c) The license authorizes the license holder and the holder of a solicitor’s permit to allow the consumption of beer, wine, and liquor for tasting by a customer or an employee of the license holder if:

(1) the license holder is authorized to sell the beer, wine, and liquor; and

(2) the customer or the employee is not charged for the beer, wine, and liquor.

(d) The Board shall regulate:

(1) the quantity of beer served to each individual;

(2) the number of bottles or other containers of beer from which the quantity is served;

(3) the size of the beer bottles or other containers;

(4) the quantity of wine served to each individual; and

(5) the number of bottles of wine from which the quantity is served.

(e) An individual may consume liquor at a liquor tasting in a quantity of not more than:

(1) one–half ounce from each offering of liquor; and

(2) five offerings in 1 day.

(f) A license is valid during business hours.

(g) In addition to the cost of a BWL license, the annual license fee is $150.
Md. Code, Education § 16-604 — MD Code / Article ged / Title 16 / Subtitle 6 / Section 16-604
§16–604.
Status: reserved

(a) The government of the College is vested in the Board of Trustees.

(b) (1) The Board of Trustees consists of nine members appointed by the Governor with the advice and consent of the Senate.

(2) Of the members:

(i) Each shall be a resident of the State;

(ii) Each shall have completed at least 60 hours of accredited college work; and

(iii) None may be an elected official of the State, a county, a municipal corporation, or a county board.

(3) Each of the southern Maryland counties shall be represented by at least one member who is a resident of that county.

(4) By July 1, 2010, each of the southern Maryland counties shall be represented by at least three members who are residents of that county.

(c) (1) The term of a member is 5 years.

(2) A member appointed to fill a vacancy in an unexpired term serves for the remainder of that term.

(3) A member may not serve more than two consecutive full terms.

(d) Each member of the Board of Trustees is entitled to receive up to $600 a year for expenses.
Md. Code, Land Use § 16-403 — MD Code / Article glu / Title 16 / Subtitle 4 / Section 16-403
§16–403.
Status: in_force

Before the Commission solicits a service contract under this subtitle, the secretary–treasurer shall certify that the Commission has complied with §§ 16–404 and 16–405 of this subtitle.
Md. Code, Environment § 16-105 — MD Code / Article gen / Title 16 / Subtitle 1 / Section 16-105
§16–105.
Status: in_force

(a) The Department, jointly with the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, shall:

(1) Review existing regulations applicable to the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area; and

(2) By regulation, develop a procedure to avoid duplication of regulatory jurisdiction by the State and local jurisdictions concerning the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area.

(b) The procedure that the Department and Commission develop under subsection (a) of this section shall include provision for recognition of:

(1) State jurisdiction over the construction of piers and bulkheads in State and private wetlands designated under this title; and

(2) Local jurisdiction over:

(i) The construction of piers and bulkheads landward of the boundary lines of State and private wetlands as mapped under this title; and

(ii) Zoning divisional lines and building codes.
Md. Code, Land Use § 16-106 — MD Code / Article glu / Title 16 / Subtitle 1 / Section 16-106
§16–106.
Status: in_force

(a) The board shall:

(1) prepare and recommend a compensation plan, a classification plan, and comprehensive regulations governing operation of the merit system; and

(2) submit its recommendations to the Commission for adoption.

(b) (1) The Commission may adopt, disapprove, or modify a recommendation of the board.

(2) If the Commission does not act on a recommendation of the board within 90 days after the date of filing of the recommendation with the Commission, the recommendation is deemed approved.

(c) A recommendation by the board for an amendment to an adopted compensation plan, classification plan, or regulation is subject to subsection (b) of this section.
Md. Code, Transportation § 16-807.1 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-807.1
§16–807.
Status: in_force

§16–807.1.

(a) The Administration shall establish a program to assist veterans and members of the military who are transitioning out of military service to obtain a commercial driver’s license.

(b) As part of the program, the Administration shall:

(1) Waive the skills test required under § 16–807(b) of this subtitle for program participants who meet eligibility criteria established by the Administration, consistent with federal law; and

(2) Coordinate and consult with military bases throughout the State, community colleges that offer commercial driver’s license training courses, the Maryland Motor Truck Association, Inc., and any other party that the Administration determines is appropriate to explore the feasibility of providing a commercial driver’s license training course on military bases in the State.

(c) The Administration may adopt regulations to implement the provisions of this section.
Md. Code, Election Law § 16-202 — MD Code / Article gel / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) A person who has been convicted of a felony and is currently serving a court–ordered sentence of imprisonment for the conviction, and has been rendered ineligible to vote pursuant to § 3–102(b) of this article, may not vote or attempt to vote during the time that the person is rendered ineligible to vote.

(b) A person who violates this section is guilty of a felony and is subject to imprisonment for not less than 1 year nor more than 5 years.
Md. Code, Insurance § 16-115 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-115
§16–115.
Status: in_force

(a) A person who engages in the business of burial insurance is subject to and shall comply with all of the provisions of this article relating to the organization, qualification, and conduct of life insurers.

(b) This section does not limit or restrict the definitions of life insurance or life insurer in § 1-101 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 16-1405 — MD Code / Article gab / Title 16 / Subtitle 14 / Section 16-1405
§16–1405.
Status: in_force

(a) An individual who is a resident of the State at the time an application for a license is filed meets the residency requirements under §§ 4–103, 4–104, and 4–105 of this article.

(b) The license remains valid only for as long as at least one of the applicants remains a resident of the State.
Md. Code, Housing and Community Development § 16-308 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-308
§16–308.
Status: in_force

(a) The Montgomery Commission and an employee organization certified as exclusive representative shall meet and engage in collective bargaining in good faith about:

(1) salary and wages, including the percentage of an increase in the salary and wages budget that will be devoted to merit increments and cash awards, but salaries and wages shall be the same for all employees in the same classification;

(2) pension and other retirement benefits for active employees;

(3) employee benefits such as insurance, leave, holidays, and vacations;

(4) hours and working conditions;

(5) matters affecting the health and safety of employees;

(6) the effect of the exercise of the Montgomery Commission’s rights and responsibilities under § 16-314 of this subtitle on employees; and

(7) provisions for orderly processing and settling grievances about the interpretation and implementation of a collective bargaining agreement that may include:

(i) provisions for the exclusivity of forum;

(ii) binding third party arbitration, if:

1. the Montgomery Commission and the employee organization share the costs of binding arbitration equally; and

2. the arbitrator does not have authority to amend, add to, or subtract from the collective bargaining agreement.

(b) This section does not require the Montgomery Commission or the employee organization to agree to any proposal or to make any concession.

(c) (1) The Montgomery Commission and an employee organization certified as exclusive representative:

(i) shall begin collective bargaining on or before September 1 in the fiscal year before the beginning of a fiscal year for which an agreement has not been reached; and

(ii) shall complete collective bargaining on or before the following February 1.

(2) During the period set forth in paragraph (1) of this subsection, the parties shall negotiate in good faith.
Md. Code, Alcoholic Beverages and Cannabis § 16-1406 — MD Code / Article gab / Title 16 / Subtitle 14 / Section 16-1406
§16–1406.
Status: in_force

The County Commissioners shall pay 25% of the license fees collected under this title to the municipality where the licensed premises is located.
Md. Code, Local Government § 16-407 — MD Code / Article glg / Title 16 / Subtitle 4 / Section 16-407
§16–407.
Status: in_force

The administration, expenditure, and accounting of all money raised, borrowed, or obtained by a county or municipality under this subtitle is subject to the control of the governing body of the county or municipality or the public body that the governing body designates.
Md. Code, Alcoholic Beverages and Cannabis § 16-1102 — MD Code / Article gab / Title 16 / Subtitle 11 / Section 16-1102
§16–1102.
Status: in_force

(a) The Board may issue a refillable container permit for draft beer to a holder of a Class A license, a Class B license, or a Class D license.

(b) An applicant for the permit shall complete the form that the Board provides.

(c) The hours of sale for the permit:

(1) begin at the same time as those for the underlying license; and

(2) end at midnight.

(d) The annual permit fees are:

(1) $50 for an applicant whose license has an off–sale privilege; and

(2) $500 for an applicant whose license does not have an off–sale privilege.
Md. Code, Alcoholic Beverages and Cannabis § 16-801 — MD Code / Article gab / Title 16 / Subtitle 8 / Section 16-801
§16–801.
Status: in_force

The wine that may be sold under a beer and wine license may not contain more than 22% of alcohol by volume.
Md. Code, Transportation § 16-105 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-105
§16–105.
Status: in_force

(a) (1) Any individual who desires to obtain an original driver’s license under this subtitle or to be licensed in a class for which the individual is not already licensed under this subtitle shall apply to the Administration for the desired driver’s license.

(2) Except as provided in subsection (f) of this section, before issuing a driver’s license, the Administration shall issue to each applicant a learner’s instructional permit. The learner’s instructional permit shall identify clearly the class of license for which the applicant has applied.

(3) (i) Each applicant for a learner’s instructional permit who is under the age of 16 years shall present to the Administration a copy of the applicant’s school attendance record.

(ii) The Administration may not issue a learner’s instructional permit to an applicant under the age of 16 years if the applicant’s school attendance record indicates more than 10 unexcused absences during the prior school semester.

(b) (1) The holder of a learner’s instructional permit may drive the same vehicle and combinations of vehicles as may a holder of the class of driver’s license for which the permit holder has applied, but only while accompanied by and under the immediate supervision of an individual who:

(i) Is at least 21 years old;

(ii) Has been licensed for at least 3 years in this State or in another state to drive vehicles of the class then being driven by the holder of the learner’s instructional permit; and

(iii) Unless the vehicle is a motorcycle, is seated beside the holder of the learner’s instructional permit.

(2) The individual supervising the holder of the learner’s instructional permit under paragraph (1) of this subsection is the only individual allowed in the front seat of a motor vehicle with the permit holder while the permit holder is driving.

(c) The holder of a learner’s instructional permit for a motorcycle may drive the motorcycle with another individual on it only if the other individual is one described in subsection (b)(1)(i) and (ii) of this section.

(d) (1) This subsection applies to an individual who:

(i) Seeks to obtain an original driver’s license under this subtitle; and

(ii) Does not qualify for a learner’s instructional permit under subsection (e) of this section.

(2) Except as provided in paragraph (3) of this subsection, an individual under the age of 19 years who holds a learner’s instructional permit may not take a driver skills examination or driver road examination for a provisional license:

(i) Sooner than 9 months following the later of:

1. The date that the individual first obtains the learner’s instructional permit; or

2. The most recent date the individual was convicted of, or granted probation before judgment under § 6–220 of the Criminal Procedure Article for, a moving violation;

(ii) Until after successful completion of:

1. The driver education program approved under Subtitle 5 of this title, consisting of at least 30 hours of classroom instruction and at least 6 hours of highway driving instruction; and

2. At least 60 hours, 10 hours of which must occur during the period beginning 30 minutes before sunset and ending 30 minutes after sunrise, of behind–the–wheel driving practice supervised by an individual who:

A. Holds a valid driver’s license;

B. Is at least 21 years old; and

C. Has been licensed to drive for at least 3 years; and

(iii) Unless the individual submits, in accordance with the Administration’s regulations, a completed skills log book signed by:

1. Each supervising driver who certifies that the individual has satisfactorily demonstrated a required skill and has completed the driving practice requirements of item (ii)2 of this paragraph; and

2. If a signature of a parent, guardian, or other person is required under § 16–107 of this subtitle, the parent, guardian, or other person who signs the individual’s application under that section.

(3) An individual who holds a learner’s instructional permit and who is 18 years old and has a high school diploma or its equivalent or is at least 19 years old but under the age of 25 years may not take a driver skills examination or driver road examination for a provisional license:

(i) Sooner than the later of:

1. 3 months following the date that the individual first obtains the learner’s instructional permit; or

2. 9 months following the most recent date the individual was convicted of, or granted probation before judgment for, a moving violation;

(ii) Until after successful completion of:

1. A standard driver education program approved under Subtitle 5 of this title, consisting of at least 30 hours of classroom instruction and at least 6 hours of highway driving instruction; and

2. At least 60 hours, 10 hours of which must occur during the period beginning 30 minutes before sunset and ending 30 minutes after sunrise, of behind–the–wheel driving practice supervised by an individual who:

A. Holds a valid driver’s license;

B. Is at least 21 years old; and

C. Has been licensed to drive for at least 3 years; and

(iii) Unless the individual submits, in accordance with the Administration’s regulations, a completed skills log book signed by each supervising driver who certifies that the individual has satisfactorily demonstrated a required skill and has completed the driving practice requirements under this paragraph.

(4) An individual at least 25 years old who holds a learner’s instructional permit and has not been convicted of, or granted probation before judgment for, a moving violation may not take a driver skills examination or driver road examination for a provisional license:

(i) Sooner than 45 days following the date that the individual first obtains the learner’s instructional permit;

(ii) Until after successful completion of:

1. A standard driver education program approved under Subtitle 5 of this title, consisting of at least 30 hours of classroom instruction and at least 6 hours of highway driving instruction; and

2. At least 14 hours, 3 hours of which must occur during the period beginning 30 minutes before sunset and ending 30 minutes after sunrise, of behind–the–wheel driving practice supervised by an individual who:

A. Holds a valid driver’s license;

B. Is at least 21 years old; and

C. Has been licensed to drive for at least 3 years; and

(iii) Unless the individual submits, in accordance with the Administration’s regulations, a completed skills log book signed by each supervising driver who certifies that the individual has satisfactorily demonstrated a required skill and has completed the driving practice requirements under this paragraph.

(5) An individual at least 25 years old who holds a learner’s instructional permit and has been convicted of, or granted probation before judgment for, at least one moving violation may not take a driver skills examination or driver road examination for a provisional license:

(i) Sooner than 9 months following the most recent date the individual was convicted of, or granted probation before judgment for, a moving violation;

(ii) Until after successful completion of:

1. A standard driver education program approved under Subtitle 5 of this title, consisting of at least 30 hours of classroom instruction and at least 6 hours of highway driving instruction; and

2. At least 14 hours, 3 hours of which must occur during the period beginning 30 minutes before sunset and ending 30 minutes after sunrise, of behind–the–wheel driving practice supervised by an individual who:

A. Holds a valid driver’s license;

B. Is at least 21 years old; and

C. Has been licensed to drive for at least 3 years; and

(iii) Unless the individual submits, in accordance with the Administration’s regulations, a completed skills log book signed by each supervising driver who certifies that the individual has satisfactorily demonstrated a required skill and has completed the driving practice requirements under this paragraph.

(6) A learner’s instructional permit issued to an individual described in paragraph (1) of this subsection expires 2 years after the date of issuance.

(e) (1) This subsection only applies to an individual who holds a license and who seeks a different class license to drive a motor vehicle that, under the individual’s current license, the individual is not authorized to drive.

(2) The holder of a learner’s instructional permit may not take the driver’s license examination sooner than 14 days after the permit is issued.

(3) The 14 days’ requirement may be waived if a subsequent learner’s instructional permit is issued or applied for.

(4) A learner’s instructional permit issued to an individual described in paragraph (1) of this subsection expires 1 year after the date of issuance.

(5) A commercial driver’s instructional permit issued to an individual described in paragraph (1) of this subsection expires 1 year after the date of issuance.

(f) (1) Subject to paragraph (3) of this subsection, the Administration may issue a driver’s license, without first issuing a learner’s instructional permit and without a waiting period, to any individual who:

(i) Has been licensed regularly to drive in this State, in another state or country, or by the armed forces of the United States, if the Administration is satisfied that the applicant’s experience in driving vehicles of the type that would be authorized by the license class applied for is sufficient to justify issuance of the license without further training; or

(ii) Has successfully completed the Administration approved basic motorcycle safety course.

(2) The Administration may:

(i) Examine the applicant’s driving as provided in § 16–110 of this subtitle; or

(ii) Issue a provisional license, if appropriate, under § 16–111(e) of this subtitle.

(3) An individual who never held a driver’s license issued by the Administration or by another state, but who otherwise may obtain a license under paragraph (1)(i) of this subsection without first obtaining a learner’s instructional permit, shall successfully complete a 3–hour Roadway Safety Driving Education Program established by the Administration under § 16–212.1 of this title before qualifying for a driver’s license.

(g) An individual holding a learner’s instructional permit issued under this section may not drive or attempt to drive a motor vehicle on any highway in this State in violation of any of the provisions of this section.
Md. Code, Transportation § 16-118 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-118
§16–118.
Status: in_force

(a) (1) The Administrator may appoint a Medical Advisory Board of qualified physicians and optometrists to enable the Administration to comply properly with the provisions of this title regarding the physical and mental condition of individuals who seek to drive on highways in this State.

(2) The Administrator also may appoint a medical secretary to serve the Board.

(b) Each member of the Medical Advisory Board is entitled to compensation for each meeting that the member attends. The compensation shall be paid out of funds appropriated to the Administration.

(c) (1) The Administrator may refer to the Medical Advisory Board, for an advisory opinion, the case of any licensee or applicant for a license, if the Administrator has good cause to believe that the driving of a vehicle by him would be contrary to public safety and welfare because of an existing or suspected mental or physical disability.

(2) The Board shall meet at the pleasure of the Administrator.

(d) (1) Except as provided in paragraph (2) of this subsection, the records of the Medical Advisory Board:

(i) Are confidential;

(ii) May be disclosed only on court order; and

(iii) May be used only to determine the qualifications of an individual to drive.

(2) The Administration may use information in its records for the purpose of driver safety research, provided that personal information is not published or disclosed.

(3) The Administration may contract with third parties to assist with driver safety research.

(4) A person may not use these records for any other purpose.
Md. Code, Business Occupations and Professions § 16-218 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-218
§16–218.
Status: in_force

Any person aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
Md. Code, Business Occupations and Professions § 16-5B-12 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-12
§16–5B–12.
Status: in_force

An appraisal management company shall inform the Commission when the appraisal management company has a reasonable basis to believe that:

(1) an appraiser has:

(i) failed to comply with the Uniform Standards of Professional Appraisal Practice;

(ii) violated applicable laws; or

(iii) engaged in unethical or unprofessional conduct; and

(2) the appraiser’s conduct under item (1) of this section is likely to affect the value assigned to the consumer’s principal dwelling.
Md. Code, Housing and Community Development § 16-317 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-317
§16–317.
Status: in_force

(a) In this section, “strike” means the action of an employee, in concert with others, to:

(1) refuse to report to work;

(2) stop or slow down work; or

(3) abstain wholly or partly from the full, faithful, and proper performance of duties when the object is to induce, influence, or coerce a change in the terms, conditions, rights, or privileges of employment.

(b) A Montgomery Commission employee, a group of Montgomery Commission employees, or an employee organization may not engage in, induce, initiate, or ratify a strike by Montgomery Commission employees.

(c) If a strike occurs, on request of the Montgomery Commission, a court of competent jurisdiction may enjoin the strike.

(d) An employee may not receive compensation from the Montgomery Commission while the employee is engaged in a strike.

(e) (1) If an employee engages in, induces, initiates, or ratifies a strike, the Montgomery Commission may take appropriate disciplinary action against the employee, including suspension or discharge.

(2) The labor relations administrator shall hold a hearing on the disciplinary action at which the Montgomery Commission, the employee, and any interested employee organization may present evidence and argument.

(f) (1) If the labor relations administrator finds after a hearing that an employee organization certified as an exclusive representative assisted, authorized, or initiated a strike involving the refusal of Montgomery Commission employees to report for work, the labor relations administrator shall revoke the certification of the employee organization.

(2) An employee organization decertified under paragraph (1) of this paragraph may not be recertified for 2 years after the end of the strike.

(3) If the labor relations administrator finds after a hearing that an employee organization certified as an exclusive representative assisted, authorized, or initiated any other kind of strike, the labor relations administrator may revoke the certification of the employee organization for up to 1 year from the end of the strike.
Md. Code, Transportation § 16-110.2 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-110.2
§16–110.
Status: in_force

§16–110.2.

(a) In this section, “bioptic telescopic lens” means a spectacle mounted telescopic/telescopics telescope placed at the top of a corrective vision lens and designed to increase visual acuity and aid in spotting distant objects at a glance.

(b) Notwithstanding any other requirements under this subtitle, an applicant using bioptic telescopic lenses shall be eligible for a noncommercial Class C driver’s license under this subtitle if the applicant:

(1) (i) Demonstrates a visual acuity of at least 20/100 in one or both eyes and a field of 150 degrees horizontal vision with or without corrective lenses; or

(ii) If the applicant has vision in one eye only, demonstrates a field of at least 100 degrees horizontal vision;

(2) Demonstrates a visual acuity of at least 20/70 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders;

(3) Submits a report of examination by a licensed ophthalmologist or optometrist for evaluation by the Medical Advisory Board under § 16–118 of this subtitle; and

(4) Meets all the other requirements for licensure under this title.

(c) An applicant using bioptic telescopic lenses shall be eligible for a learner’s instructional permit under § 16–103 of this subtitle if the applicant meets the requirements of subsection (b) of this section.

(d) (1) Except as provided in subsection (e) of this section, a license issued in compliance with this section authorizes the licensee to operate a motor vehicle only during the period beginning one–half hour after sunrise and ending one–half hour before sunset.

(2) If the applicant is eligible for a license under paragraph (1) of this subsection, the Administration shall issue to the applicant a restricted license endorsed “daylight driving only”.

(e) A licensee under this section may operate a motor vehicle without any restriction regarding hours of operation if the licensee:

(1) Demonstrates a visual acuity of at least 20/40 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders;

(2) Has been licensed under this section for at least one year; and

(3) Passes a skills test taken at night.

(f) This section only applies to an applicant who:

(1) Is granted a license under this section on or before September 30, 1997; and

(2) Continues to qualify for a license under this section.
Md. Code, Transportation § 16-605 — MD Code / Article gtr / Title 16 / Subtitle 6 / Section 16-605
§16–605.
Status: in_force

(a) (1) The Administration may award contracts out of the appropriation to the Department for the Motorcycle Safety Program to qualifying motorcycle safety training centers for the conduct of approved motorcycle safety courses. These contracts may provide funding, equipment, and materials to establish and maintain the training centers.

(2) The Administration may award contracts in accordance with Division II of the State Finance and Procurement Article out of the appropriation to the Department for the Motorcycle Safety Program for the procurement of services and products to be used to achieve the purpose of the Motorcycle Safety Program.

(b) (1) From the funds appropriated for the Motorcycle Safety Program, the Department shall fund the costs incurred in the implementation and operation of activities under this subtitle, including administrative costs. The Administration may reimburse a motorcycle safety training center at a rate established by the Administration for each eligible person completing the course. The reimbursement rate may be in addition to the assistance provided under subsection (a) of this section.

(2) The funds provided under this section shall be in addition to any other State aid.

(3) The Administration may not contract for the provision of any services under this program the aggregate costs of which exceed the funds appropriated for the Motorcycle Safety Program.

(4) The Administration shall recover the full costs of operating the Program from any miscellaneous fees as defined in § 12-120(a) of this article.
Md. Code, Alcoholic Beverages and Cannabis § 16-2101 — MD Code / Article gab / Title 16 / Subtitle 21 / Section 16-2101
§16–2101.
Status: in_force

Title 4, Subtitle 6 (“Revocation and Suspension of Local Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Local Government § 16-307 — MD Code / Article glg / Title 16 / Subtitle 3 / Section 16-307
§16–307.
Status: in_force

(a) (1) Each year the Legislative Auditor shall:

(i) review the audit reports required under § 16–306 of this subtitle; and

(ii) make a full and detailed written report to the Comptroller and, in accordance with § 2–1257 of the State Government Article, the Executive Director of the Department of Legislative Services on the result of the audit of the financial records of each county, municipality, and special taxing district created by the State.

(2) The report may include recommendations that the Legislative Auditor considers advisable relating to:

(i) methods of bookkeeping;

(ii) changes in the uniform system of financial reporting; and

(iii) changes in the reports of the counties, municipalities, and special taxing districts.

(b) (1) In conducting the review required under subsection (a) of this section, the Legislative Auditor may review the work papers and other documentation of the auditor who filed the audit report.

(2) The Legislative Auditor may refer audit reports, work papers, or other documentation reviewed by the Legislative Auditor to the State Board of Public Accountancy for action required by the Maryland Public Accountancy Act.

(c) The Legislative Auditor shall report any violation of this subtitle by a county, municipality, or special taxing district created by the State to the Comptroller and, in accordance with § 2–1257 of the State Government Article, to the Executive Director of the Department of Legislative Services.
Md. Code, Health - General § 16-201.1 — MD Code / Article ghg / Title 16 / Subtitle 2 / Section 16-201.1
§16–201.
Status: in_force

§16–201.1.

(a) The Secretary shall make an assessment of the Department’s health care services and ability-to-pay schedule for prenatal and infant care services offered through local health agencies.

(b) The assessment shall include the following:

(1) The availability of efficient health care services and providers;

(2) The identification of health care services that are not available;

(3) Access to health care;

(4) The need for specific health care;

(5) An evaluation of alternative means of providing health care services; and

(6) Financial and manpower resources required and available.

(c) An applicant for services under this section shall receive:

(1) A personal financial consultation without charge to assess the applicant’s ability to pay for health care offered through local health agencies; and

(2) Notification of the right to obtain services offered through local health agencies regardless of ability to pay.

(d) (1) The Secretary shall adopt regulations necessary to carry out the provisions of this section.

(2) Local health agencies shall implement uniform procedures to notify and consult potential prenatal and infant care services recipients.

(3) Reduced rates for recipients of services shall be applied fairly and uniformly, and according to the sliding fee scale developed by the Department.
Md. Code, Business Occupations and Professions § 16-3A-07 — MD Code / Article gbo / Title 16 / Subtitle 3A / Section 16-3A-07
§16–3A–07.
Status: in_force

(a) Unless a license is renewed for a 2–year term as provided in this section, the license expires on a staggered basis as determined by the Secretary.

(b) (1) At least 1 month before a license expires, the Commission shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current license expires; and

2. the amount of the renewal fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable.

(c) Before a license expires, the licensee may renew it for an additional 2–year term, if the licensee:

(1) otherwise is entitled to be licensed;

(2) pays to the Commission a renewal fee set by the Commission;

(3) submits a renewal application on the form that the Commission provides; and

(4) submits proof of compliance with the insurance requirement of § 16–4A–04 of this title.

(d) The Commission shall renew the license of and issue a license to each licensee who meets the requirements of this section.

(e) (1) The Commission shall adopt regulations to require a demonstration of continuing professional competency of up to 30 educational hours for a licensee as a condition of renewal of a license under this section in accordance with paragraphs (2) through (6) of this subsection.

(2) Continuing professional competency requirements do not apply to the first renewal of a license.

(3) If a license expires on or before September 30, 2013, a licensee is not required to fulfill the continuing professional competency requirements.

(4) If a license expires between October 1, 2013, and September 30, 2014, a licensee is required to fulfill 50% of the continuing professional competency requirements as provided in the regulations adopted by the Commission under this subsection.

(5) If a license expires on or after October 1, 2014, a licensee is required to fulfill the full continuing professional competency requirements as provided in the regulations adopted by the Commission under this subsection.

(6) Educational hours from a continuing professional competency course satisfy the requirement of paragraph (1) of this subsection if:

(i) the course is offered by:

1. the American Society of Home Inspectors;

2. the National Association of Home Inspectors; or

3. any other provider approved by the Commission; and

(ii) the Commission determines that the course increases the licensee’s knowledge of the provision of home inspection services, including one or more components of an existing residential building.
Md. Code, Local Government § 16-306 — MD Code / Article glg / Title 16 / Subtitle 3 / Section 16-306
§16–306.
Status: in_force

(a) The county, municipality, or special taxing district shall report the results of the audit required under § 16–305 of this subtitle to the Legislative Auditor:

(1) on the form and in the manner that the Legislative Auditor requires; and

(2) on or before the date the financial report of the county, municipality, or special taxing district must be filed under § 16–304(a) of this subtitle.

(b) An audit report filed by a county, municipality, or special taxing district with the Legislative Auditor shall include financial statements of the county, municipality, or special taxing district that are:

(1) prepared in accordance with generally accepted accounting principles; and

(2) audited in accordance with generally accepted auditing standards.

(c) An audit report filed with the Legislative Auditor is a public record.

(d) Except as provided in subsection (e) of this section, if a county, municipality, or special taxing district does not comply with subsection (a) or (b) of this section, the Comptroller, on notice from the Executive Director of the Department of Legislative Services, may order the discontinuance of all money, grants, or State aid that the county, municipality, or special taxing district is entitled to receive under State law that are distributed by the Comptroller, the clerks of the court, or any other unit of State government.

(e) (1) Subject to paragraph (2) of this subsection, if a county, municipality, or special taxing district does not comply with subsection (a) or (b) of this section within 2 calendar years after the deadline described in subsection (a)(2) of this section, the Executive Director of the Department of Legislative Services shall notify the Comptroller and the Comptroller shall order the discontinuance of 20% of all State aid for the current fiscal year for highway user revenues and disparity grants that the county, municipality, or special taxing district is otherwise entitled to receive under State law that is distributed by the Comptroller, the clerks of the court, or any other unit of State government.

(2) (i) A discontinuance of funds under paragraph (1) of this subsection shall remain in effect for a county, municipality, or special taxing district until the county, municipality, or special taxing district submits the audit report required under this section.

(ii) 1. Subject to subsubparagraph 2 of this subparagraph, the Executive Director of the Department of Legislative Services shall notify the Comptroller and the Comptroller shall order the reinstatement of the funds discontinued under paragraph (1) of this subsection promptly after the county, municipality, or special taxing district submits the audit report required under this section.

2. A. If a reinstatement of funds is ordered under subsubparagraph 1 of this subparagraph, only the discontinued funds for the current fiscal year shall be released.

B. If a county, municipality, or special taxing district failed to submit the audit report required under this section in the same fiscal year in which it was due, the discontinued funds for that fiscal year shall revert to the General Fund of the State for discontinued disparity grants and to the Transportation Trust Fund for discontinued highway user revenues.
Md. Code, Business Occupations and Professions § 16-512 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-512
§16–512.
Status: reserved

(a) The Commission shall reinstate the certificate of a real estate appraiser who has failed to renew the certificate during the regular term of the certificate or the grace period, if the real estate appraiser:

(1) applies to the Commission for reinstatement within 3 years after the certificate expires;

(2) meets the requirements of § 16–511 of this subtitle; and

(3) in addition to the renewal fee required under § 16–511 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.

(b) (1) If an individual fails to renew a certificate for any reason and applies to the Commission for reinstatement more than 3 years after the certificate has expired, the Commission may:

(i) require the individual to reapply for a certificate under § 16–505 of this subtitle; or

(ii) subject to paragraph (2) of this subsection, reinstate the certificate.

(2) The Commission may reinstate a certificate under paragraph (1)(ii) of this subsection only if the individual:

(i) meets the renewal requirements of § 16–511 of this subtitle;

(ii) if required by the Commission, states the reasons why reinstatement should be granted; and

(iii) in addition to the renewal fee required under § 16–511 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
Md. Code, Estates and Trusts § 16-108 — MD Code / Article get / Title 16 / Subtitle 1 / Section 16-108
§16–108.
Status: reserved

(a) (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form.

(2) If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this title.

(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this title.

(c) (1) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with § 16–107 of this title and does so in good faith reliance on:

(i) The registration;

(ii) This title; and

(iii) Information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary’s representatives, or other information available to the registering entity.

(2) The protections of this title do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form.

(3) No other notice or other information available to the registering entity affects its right to protection under this title.

(d) The protection provided by this title to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Md. Code, Transportation § 16-115 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-115
§16–115.
Status: reserved

(a) (1) Subject to paragraph (5) of this subsection, a license issued under this title to a driver at least 21 years old shall expire on the birth date of the licensee at the end of a period of not more than 8 years determined in regulations adopted by the Administration following the issuance of the license.

(2) Subject to paragraph (5) of this subsection, a license issued under this title to a driver under the age of 21 years shall expire not later than 60 days after the driver’s 21st birthday.

(3) A license is renewable on the presentation of an application, the payment of the renewal fee required by § 16–111.1 of this subtitle, and satisfactory completion of the examination required or authorized by subsection (i) of this section:

(i) Within 12 months before its expiration; or

(ii) When a driver qualifies for a corrected license issued under § 16–114.1(c) of this subtitle.

(4) Except as provided in subsection (f) of this section, the Administration may renew an individual’s license without requiring the individual to appear in person if the photograph for the individual was taken less than 16 years before the renewal.

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

(ii) Nothing contained in this paragraph may be construed to allow the issuance of a temporary license to drive for a period longer than the period described in this subsection.

(iii) The Administration shall indicate on the face and in the machine–readable zone of a temporary license to drive that the license is a temporary license to drive.

(6) A holder of a temporary license to drive who had temporary lawful status at the time of the issuance of the temporary license to drive shall present satisfactory documentary evidence of lawful status if the holder applies for issuance or renewal of any license to drive under this subtitle.

(b) At least 60 days before a license expires, the Administration shall mail to each licensee, at the last address of the licensee shown in the records of the Administration, notice of the date on which the license will expire.

(c) The Administration may renew a license within 1 year after the expiration date without requiring a driving test.

(d) (1) A license shall remain in full force and effect during an absence from the State if the license is held by:

(i) 1. A member of the uniformed services who is absent from this State on active service in the uniformed services; or

2. A dependent of the member who is residing with the member outside the State; or

(ii) 1. A contract employee working on behalf of a federal agency or branch of the uniformed services who is absent from the State in service of the contract; or

2. A dependent of the contract employee who is residing with the contract employee outside the State.

(2) The license also shall remain in effect, if it would otherwise have expired under this section, for a period of 30 days following the date of the licensee’s return to this State, or the member’s discharge or separation from active service:

(i) If the licensee has in the licensee’s immediate possession, together with the licensee’s driver’s license, papers indicating the member’s active service outside this State or the member’s discharge or separation; and

(ii) If the license is not otherwise suspended, revoked, or canceled under this title during the 30–day period.

(e) (1) A license held by an individual who is a member of the Foreign Service of the United States and is absent from the State due to employment in the Foreign Service, or a license held by the spouse or a dependent of the individual who is residing with the individual outside the State, shall remain in full force and effect during the absence.

(2) A license held by an individual described in paragraph (1) of this subsection shall also remain in effect, if it would otherwise have expired under this section, for a period of 30 days following the date of the individual’s return to the State, or the individual’s separation from employment in the Foreign Service of the United States if:

(i) The individual has in the individual’s immediate possession, together with the individual’s driver’s license, documentation acceptable to the Administration indicating that:

1. The individual is a member of the Foreign Service of the United States, or the spouse or a dependent of a member of the Foreign Service of the United States and resides outside the State; or

2. The individual was formerly a member of the Foreign Service of the United States, or the spouse or a dependent of a former member of the Foreign Service, and has returned to the State on separation of the member from employment with the Foreign Service; and

(ii) The license is not otherwise suspended, revoked, or canceled under this title during the 30–day period.

(f) If a licensee is absent from this State for cause, other than as provided in subsection (d) of this section, and is unable to renew the licensee’s license in the manner required by this section, the licensee may renew by mail to the Administration. The renewal application shall be accompanied by the prescribed fee and a statement giving the reason for and the expected length of the absence. On receipt of the application, the Administration may issue a regular license which bears a photo or a notation that it is valid without a photo until 15 days after the licensee first returns to this State.

(g) An individual may not drive a motor vehicle on any highway in this State if the license issued to him under this title has expired.

(h) An individual may not attempt to drive a motor vehicle on any highway in this State if the license issued to the individual under this title has expired.

(i) (1) Except as provided in paragraphs (2), (3), and (5) of this subsection, the Administration shall require every individual applying for renewal of a driver’s license to pass a vision test as prescribed by the Administration.

(2) (i) The Administration shall accept a certification of acceptable visual acuity from a licensed physician or optometrist instead of requiring the actual test provided for in this subsection.

(ii) The examination for which certification is made shall take place within 2 years of the date of application for renewal.

(3) An individual at least 21 years of age but under the age of 40 years may apply for renewal of a driver’s license electronically or by mail or other means authorized by the Administration without taking a vision test if the applicant has passed a vision test authorized by the Administration within the previous 9 years.

(4) (i) If the Administration has reason to believe that an individual is a safety hazard by reason of a vision deficiency, the Administration may require the vision test provided for in this subsection at a time other than renewal of a driver’s license.

(ii) The Administration may adopt regulations to implement the provisions of this subsection.

(5) An individual who holds a commercial driver’s license and applies for renewal is exempt from the requirement to pass a vision test if the individual has a current certificate of physical examination on file with the Administration, as required under 49 C.F.R. §§ 391.43 and 391.45.

(j) Before the expiration of a driver’s license, if the Administration has reason to believe that an individual is not a safety hazard, but the individual is unable to pass a required knowledge test or vision test, the Administration may extend the individual’s privilege to drive for a period not to exceed 90 days.

(k) (1) The Administration may not renew the driver’s license of an applicant who has not paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor or provided for payment in a manner satisfactory to the unit responsible for collection.

(2) The Administration shall cooperate with the Comptroller and the Maryland Department of Labor to develop procedures and adopt regulations in accordance with this section.

(3) Regulations adopted under this subsection shall require:

(i) The Comptroller to notify the Administration that an individual has not paid all undisputed taxes; and

(ii) The Maryland Department of Labor to notify the Administration that an individual has not paid all undisputed unemployment insurance contributions.

(l) (1) Notwithstanding any other provision of this section, the Administration may issue a temporary renewal for a driver’s license that extends the expiration date for a period not exceeding 2 years for an applicant who:

(i) Has the documentation required by federal law, as enumerated in § 16–103.1(10) and (11) of this subtitle, on file with the Administration;

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

(iii) Has a driver’s license that was issued for the full term under subsection (a)(1) of this section.

(2) The Administration may make temporary renewal of a driver’s license available to:

(i) An active duty member of the armed forces of the United States or a spouse or dependent of the member;

(ii) A member of the Foreign Service of the United States or a spouse or dependent of the member;

(iii) A resident of the State who is a student studying outside the State;

(iv) A resident of the State who is temporarily residing outside the State for at least 6 months;

(v) A resident of the State who holds a driver’s license that would have otherwise expired during a state of emergency declared by the Governor; or

(vi) Any other resident of the State who meets any requirements approved by the Administration.

(3) The Administration may not issue a temporary renewal to an applicant who holds a commercial driver’s license.

(4) The Administration shall adopt regulations to carry out this subsection.
Md. Code, Health Occupations § 16-310 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-310
§16–310.
Status: in_force

(a) Unless the Board agrees to accept the surrender of a license, a licensed podiatrist or holder of a limited license may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.

(b) The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
Md. Code, Education § 16-602 — MD Code / Article ged / Title 16 / Subtitle 6 / Section 16-602
§16–602.
Status: in_force

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

(b) “Board of Trustees” means the Board of Trustees of the College of Southern Maryland.

(c) “College” means the College of Southern Maryland, formerly known as the Charles County Community College.

(d) “Commission” means the Maryland Higher Education Commission.

(e) “County commissioners” means the elected county commissioners from Calvert, Charles, and St. Mary’s counties.

(f) “Officer” means the president, vice presidents, deans, or other officers of the College as shall be appointed by the Board of Trustees.

(g) “Resident campus” means a primary campus located in Calvert County, Charles County, or St. Mary’s County.

(h) “Southern Maryland” means the area that includes all of Calvert, Charles, and St. Mary’s counties.
Md. Code, Business Occupations and Professions § 16-5B-18 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-18
§16–5B–18.
Status: in_force

The Commission may adopt regulations necessary to implement, administer, and enforce this subtitle.
Md. Code, Business Occupations and Professions § 16-506.1 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-506.1
§16–506.
Status: in_force

§16–506.1.

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

(b) If the Commission uses a testing service, the testing service, subject to the requirements set by the Commission, may:

(1) set the time and place of examinations;

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

(3) furnish any other information that the Commission may require the testing service to provide.
Md. Code, Land Use § 16-508 — MD Code / Article glu / Title 16 / Subtitle 5 / Section 16-508
§16–508.
Status: in_force

The county planning board may adopt regulations to carry out this subtitle.
Md. Code, Criminal Procedure § 16-101 — MD Code / Article gcp / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

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

(b) “Board of Trustees” means the Board of Trustees of the Office of the Public Defender established under § 16–301 of this title.

(c) “District” means an area conforming to the geographic boundaries of a District Court district established in § 1–602 of the Courts Article.

(d) “Indigent individual” means an individual who qualifies as an indigent individual under § 16–210 of this title.

(e) (1) “Office” means the Office of the Public Defender.

(2) “Office” includes each district office and branch office of the Public Defender.

(f) “Panel attorney” means an attorney who is eligible for appointment as an attorney for an indigent individual.

(g) “Regional advisory board” means a public defender regional advisory board.

(h) “Serious offense” means:

(1) a felony;

(2) a misdemeanor or offense punishable by confinement;

(3) a delinquent act that would be a serious offense if committed by an adult; or

(4) an offense in which, in the opinion of the court, the complexity of the matter or the youth, inexperience, or mental capacity of the accused requires representation of the accused by an attorney.
Md. Code, Education § 16-708 — MD Code / Article ged / Title 16 / Subtitle 7 / Section 16-708
§16–708.
Status: in_force

(a) A public employee or group of public employees has the right at any time to:

(1) Present a grievance arising under the terms of the agreement to the public employer; and

(2) Have the grievance adjusted without the intervention of the exclusive representative.

(b) The exclusive representative has the right to be present during any meeting involving the presentation or adjustment of a grievance.

(c) (1) A public employer shall hear a grievance and participate in the adjustment of the grievance.

(2) The adjustment of a grievance may not be inconsistent with the terms of the collective bargaining agreement then in effect.

(3) A public employer shall give prompt notice of any adjustment of a grievance to the exclusive representative.
Md. Code, Environment § 16-104 — MD Code / Article gen / Title 16 / Subtitle 1 / Section 16-104
§16–104.
Status: in_force

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

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection and notwithstanding any other provision of law, the Board of Public Works may not issue a license to authorize a nonwater–dependent project located on State wetlands.

(2) The Board of Public Works may issue a license to authorize a nonwater–dependent project located on State wetlands 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. Avoids and minimizes impacts to State or private wetlands and other aquatic resources;

4. 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 for the Chesapeake and Atlantic Coastal Bays;

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

6. Allows or enhances public access to State wetlands;

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

8. Has a height of up to 18 feet unless the project is located at a marina and the Secretary recommends additional height;

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

10. Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, or an area with rare, threatened, or endangered species or species in need of conservation; and

11. Does not adversely impact a fish spawning or nursery area or an historic waterfowl staging 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 8 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) The Board of Public Works may issue a license to authorize a nonwater–dependent project for a small–scale renewable energy system on a pier located on State wetlands 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 this title;

2. Avoids and minimizes impacts to State or private wetlands and other aquatic resources;

3. Is located in:

A. The Chesapeake and Atlantic Coastal Bays 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 for the Chesapeake and Atlantic Coastal Bays;

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

5. Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, or an area with rare, threatened, or endangered species or species in need of conservation; and

6. Does not adversely impact a fish spawning or nursery area or an historic waterfowl staging area.

(ii) A license 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.

(c) (1) Except as provided in paragraph (2) of this subsection and notwithstanding any other provision of law, the Secretary may not issue a permit to authorize a nonwater–dependent project located on private wetlands.

(2) Except for the public access requirement under subsection (b)(2)(i)6 of this section, the Secretary may issue a permit to authorize a nonwater–dependent project located on private wetlands if the project satisfies all of the requirements under subsection (b)(2) or (3) of this section.
Md. Code, Business Occupations and Professions § 16-5B-09 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-09
§16–5B–09.
Status: in_force

(a) A person applying for registration as an appraisal management company shall certify to the Commission on an annual basis that it will maintain a detailed record of:

(1) each service request that it receives; and

(2) each appraiser that performs the appraisal for the appraisal management company.

(b) An appraisal management company shall retain the records required under subsection (a) of this section for 5 years after an appraisal is completed, or 2 years after final disposition of a judicial proceeding related to the assignment, whichever period expires later.
Md. Code, Housing and Community Development § 16-310.1 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-310.1
§16–310.
Status: in_force

§16–310.1.

(a) During the term of a collective bargaining agreement:

(1) either party may declare an impasse and request the services of a mediator–arbitrator; and

(2) the parties jointly may request the services of a mediator–arbitrator at any time without declaring an impasse.

(b) (1) If the services of a mediator–arbitrator are requested, the parties jointly shall appoint a mediator–arbitrator.

(2) If the parties are unable to agree on a jointly appointed mediator–arbitrator as required under § 16–311 of this subtitle, the labor relations administrator shall name the jointly appointed mediator–arbitrator within 7 days after the services of a mediator–arbitrator were requested.

(c) If the mediator–arbitrator finds in the discretion of the mediator–arbitrator that the parties are in a bona fide impasse, the mediator–arbitrator shall require each party to submit a separate memorandum of the party’s last final offer presented in negotiations on items with regard to which the parties are in dispute.

(d) (1) Within 10 days after the submission of the memorandum required under subsection (c) of this section, the mediator–arbitrator shall hold a nonpublic hearing on the parties’ offers at a time, date, and place chosen by the mediator–arbitrator.

(2) Each party shall submit evidence or make oral and written argument in support of the party’s last final offer.

(3) The mediator–arbitrator may not open the hearing to a person who is not a party to the mediation–arbitration.

(e) (1) Within 5 days after the hearing required under subsection (d)(1) of this section, the mediator–arbitrator shall issue a report choosing the final offer that the mediator–arbitrator determines to be more reasonable when viewed as a whole.

(2) Subject to paragraph (3) of this subsection, in determining the more reasonable offer, the mediator–arbitrator may consider only:

(i) past collective bargaining contracts between the parties, including the bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions;

(ii) a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington Metropolitan Area and in the State;

(iii) a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County;

(iv) the public interest and welfare;

(v) the ability of the employer to finance any economic adjustments required under the proposed agreement;

(vi) the effects of any economic adjustments on the standard of public services normally provided by the employer; and

(vii) the annual increase or decrease in consumer prices for all items as shown in the most recent Consumer Price Index – Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area.

(3) In considering the terms and conditions of the final offer, the mediator–arbitrator shall first consider and give the highest priority to the ability of the Montgomery Commission to pay for additional short–term and long–term expenses by considering:

(i) the limits on the ability of the Montgomery Commission to raise revenue;

(ii) the added burden raising revenue would have on customers of the Montgomery Commission; and

(iii) the ability of the Montgomery Commission to continue providing the current level of service to its customers.

(4) In determining the more reasonable offer, the mediator–arbitrator shall consider that all items on which the parties agreed before the mediation–arbitration are integrated with each offer.

(5) The mediator–arbitrator may not receive or consider the history of collective bargaining relating to the immediate dispute, including any offers of settlement not contained in the offer submitted to the mediator–arbitrator.

(f) The mediator–arbitrator may not compromise or alter the final offer that the mediator–arbitrator chooses.

(g) (1) Subject to paragraphs (2) and (5) of this subsection and without ratification by the parties, the offer that the mediator–arbitrator chooses as integrated with the items on which the parties previously agreed is the final agreement between the Montgomery Commission and the exclusive representative.

(2) The economic provisions of the final agreement are subject to funding by the Montgomery Commission.

(3) Except as provided in paragraph (5) of this subsection, the Montgomery Commission shall appropriate money in the Montgomery Commission’s final budget for all economic provisions of the final agreement.

(4) The parties shall execute an agreement that incorporates the final agreement, including arbitration awards and all issues agreed to under this section.

(5) (i) Within 45 days after the execution of an agreement under paragraph (4) of this subsection or on a later date determined by mutual agreement of the parties due to extenuating circumstances, the Executive Director of the Montgomery Commission shall submit to the Montgomery Commission any term or condition of the final offer that requires:

1. an appropriation of funds or that may result in a present or future fiscal impact on the Montgomery Commission or its customers; or

2. action by the Montgomery Commission to implement the collective bargaining agreement.

(ii) The Montgomery Commission may accept or reject all or part of any term or condition that the Executive Director is required to submit under subparagraph (i) of this paragraph.

(h) The Montgomery Commission and the employee organization shall share equally the costs of the mediator–arbitrator’s services.
Md. Code, Transportation § 16-1001 — MD Code / Article gtr / Title 16 / Subtitle 10 / Section 16-1001
§16–1001.
Status: in_force

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

(b) “Credential holder” means the individual to whom an electronic credential is issued.

(c) “Data field” means a discrete piece of information printed or otherwise appearing on a license or an identification card.

(d) “Electronic credential” means an electronic representation of a license, an identification card, or a data field.

(e) “Full profile” means all the information provided on a license or an identification card.

(f) “Limited profile” means a portion of the information provided on a license or an identification card.
Md. Code, Alcoholic Beverages and Cannabis § 16-1311 — MD Code / Article gab / Title 16 / Subtitle 13 / Section 16-1311
§16–1311.
Status: in_force

The fee for a Class C per diem beer license, a Class C per diem beer and wine license, or a Class C per diem beer, wine, and liquor license is $50 per day.
Md. Code, Alcoholic Beverages and Cannabis § 16-203 — MD Code / Article gab / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

(a) The County Commissioners shall appoint one substitute member to the Board to serve if a regular member is absent or incapacitated.

(b) The County Commissioners shall provide a term of office for the substitute member.
Md. Code, Business Occupations and Professions § 16-212 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-212
§16–212.
Status: in_force

(a) The Commission shall keep an indexed record of:

(1) each application for licensure or certification;

(2) each issuance of a license or certificate;

(3) each reprimand of a licensed real estate appraiser or certified real estate appraiser or licensed home inspector; and

(4) each suspension or revocation of a licensed real estate appraiser or certified real estate appraiser or licensed home inspector.

(b) The Commission shall make available to the public:

(1) the record during business hours; and

(2) on request, a copy of the record at a reasonable price that the Commission sets.
Md. Code, Business Occupations and Professions § 16-313 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-313
§16–313.
Status: in_force

A licensed real estate appraiser may provide real estate appraisal services through a professional corporation in accordance with the Maryland Professional Service Corporation Act.
Md. Code, Business Occupations and Professions § 16-210.1 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-210.1
§16–210.
Status: in_force

§16–210.1.

(a) The Commission shall establish a Home Inspector Hearing Board.

(b) (1) The Hearing Board shall consist of 3 members of the Commission, appointed by the Commission.

(2) Of the 3 positions on the Home Inspector Hearing Board:

(i) 2 shall be licensed home inspectors; and

(ii) 1 shall be a consumer member.

(c) From among the members of the Hearing Board, the Commission shall designate a chairman.
Md. Code, Insurance § 16-104 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-104
§16–104.
Status: in_force

(a) An insurer may not knowingly deliver or issue for delivery in the State a policy of life insurance that purports to be issued or to take effect as of a date more than 6 months before the application for the policy was made, if, as a result, the premium on the policy is reduced below the premium that would have been payable on the policy as determined by the insuring age of the insured when the application was made.

(b) An insurance producer or other representative of an insurer may not in the State prepare, submit, or accept an application for life insurance that bears a date earlier than the date when the application was made by the insured or applicant, if, as a result, the premium on the policy is reduced below the premium that would have been payable on the policy as determined by the insuring age of the insured when the application was made.

(c) This section does not:

(1) invalidate a contract made in violation of this section; or

(2) prohibit the exchange, alteration, or conversion of a policy of life insurance.
Md. Code, Education § 16-307 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-307
§16–307.
Status: in_force

The Commission shall submit a budget request to the Governor on or before October 10 of each year calculated by using the formulas in § 16-305 of this subtitle.
Md. Code, Business Occupations and Professions § 16-206 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-206
§16–206.
Status: in_force

The executive director shall:

(1) keep a record of each act, communication, and proceeding of the Commission; and

(2) perform any other duty that the Commission considers appropriate.
Md. Code, Criminal Procedure § 16-209 — MD Code / Article gcp / Title 16 / Subtitle 2 / Section 16-209
§16–209.
Status: in_force

(a) Communications between an indigent individual and an individual in the Office or engaged by the Public Defender are protected by the attorney–client privilege to the same extent as though an attorney had been privately engaged.

(b) (1) Subject to paragraph (2) of this subsection, this section does not preclude the Public Defender from using material in the Public Defender’s files that is otherwise privileged to prepare and disclose statistical, case study, and other sociological data.

(2) Material used to prepare and disclose sociological data may not disclose the identity of a particular indigent individual.
Md. Code, Agriculture § 16-101 — MD Code / Article gag / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

§16–101. ** CONTINGENCY – IN EFFECT – CHAPTER 131 OF 2019 **

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

(b) “Covered activity” has the meaning stated in 21 C.F.R. § 112.3, as amended.

(c) “Covered farm” means a farm or a farm mixed–type facility for which, on a rolling basis, the average annual monetary value of produce sold during the previous 3–year period is more than $25,000, adjusted for inflation using 2011 as the baseline year for calculating the adjustment.

(d) “Covered produce” has the meaning stated in 21 C.F.R. § 112.3, as amended.

(e) “Farm” has the meaning stated in 21 C.F.R. § 112.3, as amended.

(f) “Federal standards” means the federal standards established by the U.S. Food and Drug Administration under 21 C.F.R. Part 112, as amended, for growing, harvesting, packing, and holding produce for human consumption.

(g) “Mixed–type facility” has the meaning stated in 21 C.F.R. § 112.3, as amended.

(h) “Program” means the Maryland Produce Safety Program.

(i) “Qualified exemption” means a qualified exemption granted by the Secretary to a farm in accordance with 21 C.F.R. § 112.5, as amended.
Md. Code, Housing and Community Development § 16-106 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-106
§16–106.
Status: in_force

(a) (1) The Montgomery Commission consists of seven Commissioners nominated by the County Executive and approved by the County Council.

(2) The County Council shall conduct a public interview with each nominee before voting on whether to approve the nominee’s appointment.

(b) The term of a Commissioner is 5 years.

(c) Removal of a Commissioner by the County Executive requires the approval of the County Council.
Md. Code, Transportation § 16-901 — MD Code / Article gtr / Title 16 / Subtitle 9 / Section 16-901
§16–901.
Status: in_force

This subtitle applies only to an individual who displays a driver’s license issued by the U.S. Department of State to a police officer or who otherwise claims immunities or privileges under Title 22, Chapter 6 of the United States Code with respect to the individual’s violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article, or a moving violation under the vehicle laws or regulations of this State or any local authority.
Md. Code, Local Government § 16-105 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-105
§16–105.
Status: in_force

(a) The governing body of each county shall publish annually, in at least one newspaper of general circulation in the county, a summary statement of the expenses of the county.

(b) The summary statement shall state that an itemized statement of county expenses is available for public inspection in the office of the governing body of the county during business hours.

(c) A clerk who fails to perform the requirements of subsection (a) of this section shall forfeit $100.

(d) If the charter of a charter county or Baltimore City requires the publication of financial information in a manner that differs from the requirements of this section, the provisions of the charter control.
Md. Code, Commercial Law § 16-207 — MD Code / Article gcl / Title 16 / Subtitle 2 / Section 16-207
§16–207.
Status: in_force

(a) If the charges which give rise to a lien are due and unpaid for 30 days and the lienor is in possession of the property subject to the lien, the lienor may sell the property to which the lien attaches at public sale. The sale shall be in a location convenient and accessible to the public and shall be held between the hours of 10 a.m. and 6 p.m.

(b) (1) The lienor shall publish notice of the time, place, and terms of the sale and a full description of the property to be sold once a week for the two weeks immediately preceding the sale in one or more newspapers of general circulation in the county where the sale is to be held.

(2) In addition, the lienor shall send the notice by registered or certified mail at least 10 days before the sale to:

(i) The owner of the property, all holders of perfected security interests in the property and, in the case of a sale of a motor vehicle or mobile home, the Motor Vehicle Administration;

(ii) The person who incurred the charges which give rise to the lien, if the address of the owner is unknown and cannot be ascertained by the exercise of reasonable diligence; or

(iii) “General delivery” at the post office of the city or county where the business of the lienor is located, if the address of both the owner and the person who incurred the charges is unknown and cannot be ascertained by the exercise of reasonable diligence.

(c) If a motor vehicle or mobile home which is subject to a lien is delivered by the lienor to the possession of a third party for storage, and the charges for storage are due and unpaid for 30 days or more, the third party holder is deemed to hold a perfected security interest in the motor vehicle or mobile home notwithstanding § 13–202 of the Transportation Article and may sell the motor vehicle or mobile home in the same manner as the lienor under this section if he has first published and sent notice as required of the lienor under this subtitle.

(d) (1) Except as provided in § 13–110 of the Transportation Article, the Motor Vehicle Administration shall issue a title, free and clear of any lien, to the purchaser of any motor vehicle or mobile home sold under this section, if the holder of the lien on the motor vehicle or mobile home submits to the Motor Vehicle Administration a completed application for a certificate of title with:

(i) A copy of the newspaper publication required by subsection (b) of this section;

(ii) A copy of the registered or certified letter required under subsection (b) of this section to be sent to holders of perfected security interests in the motor vehicle or mobile home and the Motor Vehicle Administration, and the return card;

(iii) A copy of the registered or certified letters required by subsection (b) of this section to be sent to the owner of the motor vehicle or mobile home, and the return card;

(iv) If applicable, a written statement from the lienor that the lienor stored the vehicle in accordance with an agreement with an insurer;

(v) An auctioneer’s receipt;

(vi) If applicable, certification by holders of perfected security interests;

(vii) In the case of mobile homes manufactured after 1976 and motor vehicles, a pencil tracing of the vehicle identification number or a statement certifying the vehicle identification number; and

(viii) Any other reasonable information required in accordance with regulations adopted by the Administration.

(2) The Department of Natural Resources shall issue a title, free and clear of any liens, to the purchaser of any boat sold under this section.

(e) (1) If the notice required under § 16–203(b) of this subtitle was sent, the proceeds of a sale under this section shall be applied, in the following order, to:

(i) The expenses of giving notice and holding the sale, including reasonable attorney’s fees;

(ii) Subject to subsection (f) of this section, storage fees of the third party holder;

(iii) The amount of the lien claimed exclusive of any storage fees except as provided in subsection (f)(2) of this section;

(iv) A purchase money security interest; and

(v) Any remaining secured parties of record who shall divide the remaining balance equally if there are insufficient funds to completely satisfy their respective interests, but not to exceed the amount of a security interest.

(2) Except as provided in paragraph (3) of this subsection, if the notice required under § 16–203(b) of this subtitle was not sent, the proceeds of a sale under this section shall be applied, in the following order, to:

(i) A purchase money security interest;

(ii) All additional holders of perfected security interests in the property;

(iii) The expenses of giving notice and holding the sale, including reasonable attorney’s fees;

(iv) Subject to subsection (f) of this section, storage fees of the third party holder;

(v) The amount of the lien claimed exclusive of any storage fees except as provided in subsection (f)(2) of this section; and

(vi) Any remaining secured parties of record who shall divide the remaining balance equally if there are insufficient funds to completely satisfy their respective interest, but not to exceed the amount of a security interest.

(3) For a motor vehicle lien created under this subtitle, if the notice required under § 16–203(b) of this subtitle was not sent:

(i) The proceeds of a sale under this section shall be applied in the order described in paragraph (1) of this subsection; and

(ii) The amount of the lien claimed in paragraph (1)(iii) of this subsection may not include any amount for storage charges incurred or imposed by the lienor.

(4) After application of the proceeds in accordance with paragraph (1) or (2) of this subsection, any remaining balance shall be paid to the owner of the property.

(f) (1) If property is stored, storage fees of the third party holder may not exceed $5 per day or a total of $300.

(2) The exclusion or limitation of any storage fees as provided in subsection (e)(1)(iii) of this section and paragraph (1) of this subsection does not apply to any person who conducts auctions as a business in this State, and is required to maintain records under § 15–113 of the Transportation Article, and that person is also exempt from the maximum storage fee limits under this subsection.

(3) The notice requirements of § 16–203(b) of this subtitle do not apply when:

(i) The lienor conducts auctions as a business in this State and is required to maintain records under § 15–113 of the Transportation Article; and

(ii) The lien arises out of that business.
Md. Code, Business Regulation § 16-223 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-223
§16–223.
Status: in_force

(a) This section applies to a person who is engaged in the business of selling or distributing cigarettes.

(b) (1) Except as provided in paragraph (2) of this subsection, a person covered under this section may not:

(i) sell or ship cigarettes, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network by a consumer or other unlicensed recipient, directly to a consumer or other unlicensed recipient in this State; or

(ii) cause cigarettes, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network by a consumer or other unlicensed recipient, to be shipped directly to a consumer or other unlicensed recipient in this State.

(2) A licensed retailer may deliver no more than two cartons of cigarettes directly to a consumer if the delivery is made by the licensed retailer or an employee of the licensed retailer.

(c) (1) A licensee who sells or ships cigarettes in violation of this section or causes cigarettes to be shipped in violation of this section is:

(i) subject to discipline by the Executive Director under § 16–210 of this subtitle; and

(ii) guilty of a felony and, on conviction, is subject to a fine not exceeding $50 for each carton of cigarettes transported or imprisonment not exceeding 2 years or both.

(2) A person other than a licensee who sells or ships cigarettes in violation of this section or causes cigarettes to be shipped in violation of this section is guilty of a felony and, on conviction, is subject to a fine not exceeding $50 for each carton of cigarettes transported or imprisonment not exceeding 2 years or both.
Md. Code, Land Use § 16-215 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-215
§16–215.
Status: in_force

(a) An employee organization may not:

(1) interfere with, coerce, or restrain an employee in the exercise of the employee’s rights under this subtitle;

(2) cause or attempt to cause the Commission to discriminate against an employee in the exercise of the employee’s rights under this subtitle;

(3) coerce, discipline, fine, or attempt to coerce a member of an employee organization as punishment or reprisal;

(4) coerce, discipline, fine, or attempt to coerce a member of an employee organization for the purpose of impeding the member’s work performance;

(5) refuse to negotiate in good faith with the Commission as required by this subtitle; or

(6) fail or refuse to cooperate in impasse procedures and impasse decisions as required by this subtitle.

(b) Only an eligible employee may file an unfair labor charge against an employee organization for a violation of subsection (a)(3) or (4) of this section.
Md. Code, Land Use § 16-214 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-214
§16–214.
Status: in_force

(a) The Commission may not:

(1) interfere with, coerce, or restrain an employee in the exercise of the employee’s rights under this subtitle;

(2) dominate, interfere with, or assist in the formation, administration, or existence of an employee organization or contribute financial assistance or other support to an employee organization;

(3) encourage or discourage membership in an employee organization by discriminating against the employee through hiring, tenure, promotion or demotion, or other conditions of employment;

(4) discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this subtitle; or

(5) refuse to bargain in good faith with an employee organization that is certified as the exclusive representative of a bargaining unit over any subject of bargaining or refuse to participate in good faith in the mediation, fact–finding, or grievance procedure under this subtitle.

(b) Subsection (a)(2) of this section does not prohibit the Commission from allowing employees to negotiate or to confer with the Commission over labor matters during work hours without the loss of pay or time.
Md. Code, Alcoholic Beverages and Cannabis § 16-1312 — MD Code / Article gab / Title 16 / Subtitle 13 / Section 16-1312
§16–1312.
Status: in_force

(a) The Board may issue a Class C multiple event beer, wine, and liquor license.

(b) The license authorizes the license holder to exercise any privilege conferred by a Class C beer, wine, and liquor license at an entertainment event held by a county fire department or an arts center on West Main Street in Westminster.

(c) (1) The license shall be in the form that the Board requires.

(2) The applicant shall sign the license.

(d) A fire department or an arts center on West Main Street in Westminster may not be issued a multiple event license more than one time in a calendar year.

(e) The annual fee for the license is:

(1) $125, for not more than 10 events per year;

(2) $250, for not more than 20 events per year;

(3) $375, for not more than 30 events per year;

(4) $500, for not more than 40 events per year; and

(5) $2,000 for 41 or more events per year.

(f) A fire company or an arts center on West Main Street in Westminster that holds a Class C multiple event license is not precluded from obtaining a Class C per diem license under this subtitle.
Md. Code, Education § 16-308 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-308
§16–308.
Status: in_force

(a) Each year, the Commission shall certify to the State Comptroller:

(1) On or before July 31 and November 30 one-fourth of the amount it calculates to be the State share under § 16-305 of this subtitle for each board of trustees;

(2) On or before March 31 one-half of the amount it calculates to be the State share under § 16-305 of this subtitle for each board of trustees; and

(3) After the annual audit of each community college, any discrepancy between the payments made and the actual State share under § 16-305 of this subtitle for the preceding fiscal year, which shall be compensated for in the November payment.

(b) Within 5 days after the State Comptroller receives a certification from the Commission, the State Comptroller shall draw a warrant on the State Treasurer for the amount due each board of trustees. The State Treasurer immediately shall pay the amount due to the board of trustees of the community college.
Md. Code, Transportation § 16-111 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-111
§16–111.
Status: in_force

(a) This section applies to an applicant who:

(1) Holds a learner’s instructional permit under § 16–105(d) of this subtitle; or

(2) Qualifies for a provisional license under subsection (e) of this section.

(b) An applicant is entitled to receive a provisional license if the applicant:

(1) Meets the minimum age required under § 16–103(c)(2) of this subtitle;

(2) Satisfies the learner’s instructional permit requirements under § 16–105(d)(2), (3), (4), or (5) of this subtitle;

(3) Passes a driver skills or driver road examination administered under this subtitle;

(4) Surrenders any learner’s instructional permit issued to the applicant; and

(5) Pays the fee established under this subtitle.

(c) A provisional license shall be clearly identifiable as a provisional license.

(d) (1) An individual who holds a provisional license may not receive a license sooner than 18 months following the later of:

(i) The date the individual first obtains the provisional license;

(ii) The date the individual is convicted of, or granted probation before judgment under § 6–220 of the Criminal Procedure Article for:

1. A moving violation; or

2. A violation of a provisional driver’s license restriction under § 16–113(i) of this subtitle; or

(iii) The date of restoration of an individual’s provisional driver’s license or driving privilege that has been suspended, revoked, or canceled for any reason.

(2) Notwithstanding any other provision of this subtitle, the Administration may issue a license to an individual who was otherwise eligible to receive a license at the time a moving violation was committed.

(e) (1) Notwithstanding subsection (d) of this section or any other provision of this subtitle, the Administration may issue a provisional license to an individual who has been licensed to drive in another state or country, or by the armed forces for less than 18 months.

(2) If an individual has been licensed for:

(i) Less than 6 months, the individual shall hold the provisional license for at least 18 months before being eligible for a license under § 16–111.1 of this subtitle;

(ii) 6 months, but less than 12 months, the individual shall hold the provisional license for at least 12 months before being eligible for a license under § 16–111.1 of this subtitle as long as the individual has not committed an offense as defined in § 16–213(a) of this title during that period; or

(iii) 12 months, but less than 18 months, the individual shall hold the provisional license for at least 6 months before being eligible for a license under § 16–111.1 of this subtitle as long as the individual has not committed an offense as defined in § 16–213(a) of this title during that period.

(3) An individual who commits an offense as defined in § 16–213(a) of this title while holding a provisional license issued under this subsection is subject to:

(i) The waiting periods under subsection (d)(1)(ii) of this section before qualifying for a license under § 16–111.1 of this subtitle; and

(ii) Other sanctions applicable to a holder of a provisional license under this article.

(4) Notwithstanding § 16–103(c)(3) of this subtitle, the Administration may issue a license under § 16–111.1 of this subtitle without issuing a learner’s instructional permit or a provisional license if the individual has been licensed to drive in another state or country, or by the armed forces, for at least 18 months.

(f) A provisional license is subject to the expiration and renewal requirements of § 16-115 of this subtitle.
Md. Code, Transportation § 16-212.1 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-212.1
§16–212.
Status: in_force

§16–212.1.

(a) The Administration, in cooperation with the Behavioral Health Administration, shall establish the 3–hour Roadway Safety Driving Education Program to educate driver’s license applicants who are subject to the provisions of § 16–105(f)(3) of this title. This program also shall be included as part of the driver education course established under Subtitle 5 of this title.

(b) The 3–hour Roadway Safety Driving Education Program shall provide instruction on:

(1) Understanding signs, signals, and pavement markings;

(2) Dangerous driving behaviors;

(3) Work zone safety;

(4) The hazards of driving while impaired or intoxicated;

(5) The criminal penalties and administrative sanctions for alcohol– and drug–related motor vehicle violations;

(6) The medical, biological, and psychological effects of the consumption of alcohol and drugs and their impact on the operation of a motor vehicle;

(7) The Maryland driving record and points systems; and

(8) Any other roadway safety–related information that the Administration determines would be beneficial to applicants for a driver’s license.

(c) The Administration shall adopt regulations establishing criteria for certifying a private entity to offer the 3–hour Roadway Safety Education Program established under this section.
Md. Code, Education § 16-702 — MD Code / Article ged / Title 16 / Subtitle 7 / Section 16-702
§16–702.
Status: in_force

(a) It is the intent of the General Assembly that:

(1) The State promote harmonious and cooperative relationships with the public employees of the community college system by encouraging collective bargaining practices, protecting the rights of public employees to associate, organize, and vote for their own exclusive representatives, and recognizing the dignity of labor for all employees of the community college system; and

(2) A delay in implementation of this subtitle shall be to ensure that community colleges are granted sufficient time to plan for potential negotiations and may not be used to plan for, or engage in, activities that would discourage or otherwise coerce employees seeking to hold an election.

(b) This subtitle shall apply:

(1) Beginning on September 1, 2022, to:

(i) Anne Arundel Community College;

(ii) Community College of Baltimore County;

(iii) Frederick Community College;

(iv) Harford Community College;

(v) Howard Community College;

(vi) Montgomery College;

(vii) Prince George’s Community College; and

(viii) College of Southern Maryland;

(2) Beginning on September 1, 2023, to:

(i) Allegany College of Maryland;

(ii) Carroll Community College;

(iii) Cecil College;

(iv) Chesapeake College;

(v) Garrett College;

(vi) Hagerstown Community College; and

(vii) Wor–Wic Community College; and

(3) Beginning October 1, 2024, Baltimore City Community College.

(c) Public employees, public employers, and exclusive representatives are subject to the provisions of Title 22 of the State Government Article.
Md. Code, Business Regulation § 16-206 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-206
§16–206.
Status: in_force

(a) A manufacturer license authorizes the licensee to:

(1) sell unstamped cigarettes to:

(i) a licensed cigarette wholesaler located in Maryland; and

(ii) a licensed cigarette wholesaler located outside of Maryland if the unstamped cigarettes may lawfully be sold in Maryland;

(2) except as otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distribute sample cigarettes to consumers located in Maryland;

(3) store unstamped cigarettes in a licensed cigarette storage warehouse for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state; and

(4) upon approval of the Executive Director, act as an agent of a Maryland licensed wholesaler for stamping and distribution of cigarettes.

(b) A retailer license authorizes the licensee to:

(1) act as a retailer; and

(2) buy stamped cigarettes from a subwholesaler or wholesaler.

(c) (1) A storage warehouse license authorizes the licensee to operate a storage facility in Maryland for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.

(2) If a storage warehouse licensee is a licensed cigarette wholesaler or licensed cigarette subwholesaler, the storage warehouse license authorizes the holder to store stamped cigarettes and cigarettes with another state’s tax stamp.

(d) A subwholesaler license authorizes the licensee to:

(1) act as a subwholesaler;

(2) buy stamped cigarettes from a wholesaler or another subwholesaler; and

(3) store stamped cigarettes and cigarettes with another state’s tax stamp at a licensed cigarette storage facility.

(e) A vending machine operator license authorizes the licensee to:

(1) act as a vending machine operator; and

(2) buy stamped cigarettes from a subwholesaler or wholesaler.

(f) A wholesaler license authorizes the licensee to:

(1) act as a wholesaler;

(2) buy unstamped cigarettes directly from a cigarette manufacturer;

(3) hold unstamped cigarettes;

(4) buy tobacco tax stamps as authorized by § 12–303 of the Tax – General Article;

(5) transport unstamped cigarettes in the State;

(6) sell unstamped cigarettes to another licensed wholesaler if the Executive Director specifically authorizes;

(7) upon approval of the Executive Director, designate a licensed manufacturer to act as its agent for the stamping and distribution of cigarettes; and

(8) store stamped cigarettes and cigarettes with another state’s tax stamp at a licensed cigarette storage facility.
Md. Code, Health - General § 16-203 — MD Code / Article ghg / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

(a) (1) The cost of care of a recipient of services shall be determined in accordance with the charges for services set under § 16–201 of this subtitle.

(2) Except as otherwise provided in this title:

(i) Payment for this cost of care shall be made by the recipient of services or a chargeable person;

(ii) Their liability for this payment is joint and several; and

(iii) The insured or policyholder may not withhold the payment and shall assign to the Department any benefits available under the policy for services rendered by the Department to any insured covered by the policy.

(3) Liability may not be imposed under this title on any spouse of a recipient of services, if the spouse has been abandoned by the recipient of services. The Department shall adopt rules and regulations that define abandonment for the purposes of this subsection.

(4) Liability may not be imposed under this title on a responsible relative if any responsible relative has been the victim of sexual abuse, physical abuse, or a crime of violence as defined in § 14–101 of the Criminal Law Article perpetrated by the recipient of services. The Department shall adopt regulations that define “sexual abuse, physical abuse, or a crime of violence” as defined in § 14–101 of the Criminal Law Article for the purposes of this paragraph.

(b) (1) The Department:

(i) Shall set the time and amount of payments; and

(ii) May change its orders as to payments, as circumstances may warrant.

(2) In setting the amount of payments, the Department:

(i) Shall consider the financial means and abilities of the recipient of services and any chargeable person; and

(ii) May agree to accept less than the charges set for the services provided.

(c) (1) In this subsection, “total lifetime hospitalization” means the sum total of all periods of inpatient hospitalization for a recipient of services in any State hospital or facility whether these periods are intermittent or continuous.

(2) If a chargeable person has paid for the first 24 months of total lifetime hospitalization of a recipient of services, the liability of that chargeable person for care of the recipient of services after that period may not exceed 15 percent of the charges for services set under § 16-201 of this subtitle.

(3) The sum of any proceeds of applicable insurance, group health plan, or prepaid medical care that the insurer or plan pays because of liability for the payment of or repayment for the cost of care provided to the recipient of services does not count as payments paid by a chargeable person for the purpose of determining the total lifetime hospitalization of a recipient of services.

(d) The Department may set the amount of payments retroactively:

(1) For a period of not more than 6 months from the date when the Department sets the amount of payments; and

(2) After inquiry by the Department, for a greater period, if:

(i) The recipient of services, the responsible relatives of the recipient, or any other person, agency, or organization that has a summary of financial, medical, or psychological diagnoses about the recipient of services has failed or refused to give that information to the Department when the obtaining and use of this information is connected to the Department’s billing and collection functions under this subtitle; or

(ii) Any charges assessed third party insurers have been denied wholly or partly.
Md. Code, Housing and Community Development § 16-406 — MD Code / Article ghs / Title 16 / Subtitle 4 / Section 16-406
§16–406.
Status: in_force

The certified representative of an adversely affected Montgomery Commission employee may submit a proposal for existing bargaining unit employees to continue performing the services described in the solicitation while achieving the targeted savings.
Md. Code, Transportation § 16-401 — MD Code / Article gtr / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

In addition to any other provisions of the Maryland Vehicle Law, the Administration shall maintain a point system for the refusal, suspension, or revocation of drivers’ licenses issued under this title.
Md. Code, Transportation § 16-1004 — MD Code / Article gtr / Title 16 / Subtitle 10 / Section 16-1004
§16–1004.
Status: in_force

The Administration may charge a fee for:

(1) The issuance of an electronic credential; and

(2) The use of an electronic verification system.
Md. Code, Land Use § 16-302 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

(a) The Commission shall recognize the right of an employee organization, certified under this subtitle as the exclusive representative of the bargaining unit, to represent the employees in the bargaining unit in collective bargaining and in the settlement of grievances.

(b) An employee organization certified as the exclusive representative of a bargaining unit shall:

(1) serve as the sole bargaining agent for the bargaining unit in collective bargaining; and

(2) except as provided in subsection (c) of this section, represent all employees in the bargaining unit fairly and without discrimination.

(c) (1) The exclusive representative may require an employee who does not pay membership dues or equivalent fees to pay:

(i) the reasonable costs and fees, including expenses for staff time and materials, arbitration fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement negotiated under this subtitle brought by the exclusive representative at the request of the employee; and

(ii) any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.

(2) Failure by the employee to pay the costs and fees required under paragraph (1) of this subsection shall relieve the exclusive representative of any further responsibility to the employee.

(3) A dispute concerning the reasonableness of the costs and fees imposed under paragraph (1) of this subsection shall be submitted to the labor relations administrator in accordance with the procedures established under § 16–317 of this subtitle for unfair labor practices.

(d) (1) An exclusive representative’s duty of fair representation owed to a public employee who is in the bargaining unit shall be limited to the negotiation and enforcement of the terms of the collective bargaining agreement with the public employer.

(2) Nothing in this subsection may be construed to limit an employee organization from providing only to the organization’s members legal, economic, or job–related services or benefits outside the collective bargaining agreement.
Md. Code, Business Occupations and Professions § 16-513 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-513
§16–513.
Status: in_force

(a) A certified real estate appraiser shall place the certificate number assigned by the Commission to the appraiser on each document that refers to the certified status of the appraiser.

(b) On a certified real estate appraiser report, the certificate number shall appear adjacent to the title “certified residential real estate appraiser” or “certified general real estate appraiser”.
Md. Code, Business Regulation § 16-205 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

(a) The Executive Director shall issue an appropriate license to each applicant who meets the requirements of this subtitle for a license to act as a manufacturer, storage warehouse, subwholesaler, vending machine operator, or wholesaler.

(b) The clerk shall issue to each applicant who meets the requirements of this subtitle a license to act as a retailer.

(c) The Executive Director shall provide to the Prevention and Health Promotion Administration each year the name and address of each person licensed under subsection (b) of this section.
Md. Code, Local Government § 16-107 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-107
§16–107.
Status: in_force

(a) In this section, “reserve account” means a continuing, nonlapsing account or fund in which money is retained to support appropriations that have become unfunded.

(b) By ordinance or local law, after notice and hearing, a county may establish one or more reserve accounts.

(c) An ordinance or a local law that establishes a reserve account shall provide for:

(1) requirements for the accumulation of a fixed amount of money, a percentage of designated revenues, or both;

(2) the circumstances under which the account may be used; and

(3) the use of any earnings on the account.
Md. Code, Business Occupations and Professions § 16-402 — MD Code / Article gbo / Title 16 / Subtitle 4 / Section 16-402
§16–402.
Status: in_force

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

(2) “Independent appraisal service” means an engagement for which a licensed real estate appraiser is perceived by a third party or the public to act as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion about the nature, quality, use, or value for identified real estate, regardless of the intent of the employer.

(3) (i) “Specialized appraisal service” means all appraisal services, other than an independent appraisal service.

(ii) “Specialized appraisal service” includes:

1. marketing and feasibility studies that are designed to persuade third parties that a market exists or that a project is feasible; and

2. analyses, opinions, conclusions, or estimates of value about real estate investment, mortgage banking, real estate counseling, and real estate tax counseling.

(b) A licensed real estate appraiser who provides an independent appraisal service may not accept a fee that is contingent on a predetermined analysis, opinion, or conclusion or on the results achieved by the appraisal assignment.

(c) (1) A licensed real estate appraiser who provides a specialized appraisal service may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized appraisal service.

(2) A licensed real estate appraiser who agrees to provide a specialized appraisal service for a contingent fee shall state the existence of the agreement clearly in:

(i) an oral appraisal report;

(ii) a prominent place in a written appraisal report;

(iii) the certification statement that accompanies a written appraisal report; and

(iv) a letter of transmittal.
Md. Code, Business Regulation § 16-308.2 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-308.2
§16–308.
Status: in_force

§16–308.2.

(a) In this section, “unpackaged cigarette” means any cigarette not contained in a sealed package of 20 or more cigarettes that are designed and intended to be sold as a unit.

(b) This section applies only in Baltimore City.

(c) A person who holds a county license may not sell an unpackaged cigarette.

(d) (1) An enforcement officer of the Tobacco Use Prevention and Cessation Program in the Baltimore City Health Department may enforce this section by entering and inspecting, at a reasonable time, the premises of a county license holder.

(2) An enforcement officer shall report a violation of this section to a State’s Attorney.

(e) Issuance of a citation by the Comptroller or the Executive Director for a violation of § 16–215 of this title precludes a prosecution for a violation under this section arising out of the same incident.
Md. Code, Health Occupations § 16-301 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

An individual shall be licensed by the Board before the individual may practice podiatry in this State.
Md. Code, Health Occupations § 16-601 — MD Code / Article gho / Title 16 / Subtitle 6 / Section 16-601
§16–601.
Status: in_force

This title may be cited as the “Maryland Podiatry Act”.
Md. Code, Transportation § 16-606 — MD Code / Article gtr / Title 16 / Subtitle 6 / Section 16-606
§16–606.
Status: in_force

This subtitle may be cited as the Motorcycle Safety Program Act.
Md. Code, Business Occupations and Professions § 16-401 — MD Code / Article gbo / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, a licensed real estate appraiser shall keep, for 5 years from the date of delivery to the client, the original or a copy of:

(1) each contract the licensee enters into for the provision of real estate appraisal services;

(2) each appraisal report the licensee prepares or signs; and

(3) all supporting data that the licensee assembles or formulates to prepare an appraisal report.

(b) If, within the 5-year period for the retention of records, a licensed real estate appraiser is given notice that an appraisal or appraisal report is involved in litigation, a new 5-year period shall start on the date of the final disposition of the litigation.

(c) On request, a licensed real estate appraiser shall make any record required to be kept under this section available to the Commission to inspect or copy.
Md. Code, Health Occupations § 16-206 — MD Code / Article gho / Title 16 / Subtitle 2 / Section 16-206
§16–206.
Status: reserved

(a) There is a State Board of Podiatric Medical Examiners Fund.

(b) (1) The Board shall set reasonable fees for the issuance and renewal of licenses and its other services.

(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board.

(3) Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.

(c) (1) The Board shall pay all funds collected under this title to the Comptroller of the State.

(2) The Comptroller shall distribute the fees to the State Board of Podiatric Medical Examiners Fund.

(d) (1) The Fund 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 article.

(2) The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.

(3) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.

(4) No other State money may be used to support the Fund.

(e) (1) A designee of the Board shall administer the Fund.

(2) Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.

(f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
Md. Code, Education § 16-203 — MD Code / Article ged / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

(a) The Commission shall determine and certify the amount that each county that supports a regional community college shall pay as its share of the “county share” required by § 16–305 of this title. The amount shall be determined by applying to the total county share the ratio that the number of full–time equivalent students from the county who attend the regional community college bears to the total number of full–time students who attend the regional community college from all counties that support the regional community college.

(b) Each county that supports a regional community college shall bear as its share of any borrowing for the regional community college the amount that results from applying to the total amount of the borrowing the ratio that the county’s population, as determined by the Maryland Department of Health, bears to the total population of all the counties that support the regional community college.
Md. Code, Education § 16-506 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-506
§16–506.
Status: in_force

(a) The President of the College shall:

(1) Report directly to the Board of Trustees and be the sole liaison between the Board of Trustees and the College’s faculty, administrators, and staff;

(2) Be responsible and accountable to the Board of Trustees for the discipline and successful conduct of the College and supervision of each of its departments;

(3) Take every initiative in:

(i) Implementing the policies of the Board of Trustees and the College; and

(ii) Promoting the development and efficiency of the College;

(4) Hire and discharge faculty and employees as authorized by the Board of Trustees;

(5) Attend all meetings of the Board of Trustees, except that the President may be excused by the Board of Trustees from discussions concerning the President or the position of President; and

(6) Carry out other duties as authorized by the Board of Trustees.

(b) The President may delegate any portion of the President’s authority to other officers of the College, subject to the right of the President or the Board of Trustees to rescind or modify the delegation in whole or in part at any time.
Md. Code, Insurance § 16-602 — MD Code / Article gin / Title 16 / Subtitle 6 / Section 16-602
§16–602.
Status: in_force

(a) (1) A segregated asset account may invest in any investments contractually permitted for the segregated asset account and specified in a plan of operation, and the restrictions, limitations, and other provisions of this article relating to investments shall not apply to the investments contained in the segregated asset account, provided that prior to delivery or issuance for delivery in the State, the form of the policy or annuity contract and the plan of operation have been filed with and approved by the Commissioner.

(2) Preferred and common stock investments of amounts allocated to a segregated asset account may not be included in applying the 10% limitations under § 5–511(f) of this article.

(b) The investments of a segregated asset account shall comply with the regulations of the Commissioner.

(c) To the extent provided under the applicable contracts, the part of the assets of a segregated asset account equal to the reserves and other contract liabilities with respect to the account may not be chargeable with liabilities arising out of any other business that the insurer may conduct.
Md. Code, Election Law § 16-901 — MD Code / Article gel / Title 16 / Subtitle 9 / Section 16-901
§16–901.
Status: in_force

(a) A person may not falsely or fraudulently:

(1) make, deface, or destroy a certificate of candidacy or certificate of nomination or any part of the certificate; or

(2) file or suppress a certificate of candidacy or certificate of nomination that has been duly filed.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $100 nor more than $1,000 or imprisonment for not more than 3 years or both.