Md. Code, Commercial Law § 4A-205 — MD Code / Article gcl / Title 4A / Subtitle 2 / Section 4A-205
§4A–205.
Status: in_force

(a) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order (i) erroneously instructed payment to a beneficiary not intended by the sender, (ii) erroneously instructed payment in an amount greater than the amount intended by the sender, or (iii) was an erroneously transmitted duplicate of a payment order previously sent by the sender, the following rules apply:

(1) If the sender proves that the sender or a person acting on behalf of the sender pursuant to § 4A-206 of this subtitle complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in paragraphs (2) and (3) of this subsection.

(2) If the funds transfer is completed on the basis of an erroneous payment order described in clause (i) or (iii) of subsection (a) of this section, the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.

(3) If the funds transfer is completed on the basis of a payment order described in clause (ii) of subsection (a) of this section, the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution.

(b) If (i) the sender of an erroneous payment order described in subsection (a) of this section is not obliged to pay all or part of the order, and (ii) the sender receives notification from the receiving bank that the order was accepted by the bank or that the sender’s account was debited with respect to the order, the sender has a duty to exercise ordinary care, on the basis of information available to the sender, to discover the error with respect to the order and to advise the bank of the relevant facts within a reasonable time, not exceeding 90 days, after the bank’s notification was received by the sender. If the receiving bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss which the bank proves that it incurred as a result of the failure, but the liability of the sender may not exceed the amount of the sender’s order.

(c) This section applies to amendments to payment orders to the same extent that it applies to payment orders.
Md. Code, Family Law § 4-512 — MD Code / Article gfl / Title 4 / Subtitle 5 / Section 4-512
§4–512.
Status: in_force

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

(2) (i) “Court record” means an official record of a court about a proceeding that the clerk of a court or other court personnel keeps.

(ii) “Court record” includes:

1. an index, a docket entry, a petition, a memorandum, a transcription of proceedings, an electronic recording, an order, and a judgment; and

2. any electronic information about a proceeding on the website maintained by the Maryland Judiciary.

(3) “Shield” means to remove information from public inspection in accordance with this section.

(4) “Shielding” means:

(i) with respect to a record kept in a courthouse, removing the record to a separate secure area to which persons who do not have a legitimate reason for access are denied access; and

(ii) with respect to electronic information about a proceeding on the website maintained by the Maryland Judiciary, completely removing all information concerning the proceeding from the public website, including the names of the parties, case numbers, and any reference to the proceeding or any reference to the removal of the proceeding from the public website.

(5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the Governor’s Office of Crime Prevention and Policy to have online access to records of shielded protective orders in order to assist victims of abuse.

(b) (1) Subject to subsection (c) of this section, if a petition filed under this subtitle was denied or dismissed at the interim, temporary, or final protective order stage of a proceeding under this subtitle, the petitioner or the respondent may file a written request to shield all court records relating to the proceeding in accordance with subsection (d) of this section.

(2) Subject to subsection (c) of this section, if the respondent consented to the entry of a protective order under this subtitle, the petitioner or the respondent may file a written request to shield all court records relating to the proceeding in accordance with subsection (e) of this section.

(c) A request for shielding under this section may not be filed within 3 years after the denial or dismissal of the petition or the consent to the entry of the protective order, unless the requesting party files with the request a general waiver and release of all the party’s tort claims related to the proceeding under this subtitle.

(d) (1) If a petition was denied or dismissed at the interim, temporary, or final protective order stage of a proceeding under this subtitle, on the filing of a written request for shielding under this section, the court shall schedule a hearing on the request.

(2) The court shall give notice of the hearing to the other party or the other party’s counsel of record.

(3) Except as provided in paragraphs (4) and (5) of this subsection, after the hearing, the court shall order the shielding of all court records relating to the proceeding if the court finds:

(i) that the petition was denied or dismissed at the interim, temporary, or final protective order stage of the proceeding;

(ii) that a final protective order or peace order has not been previously issued against the respondent in a proceeding between the petitioner and the respondent;

(iii) that the respondent has not been found guilty of a crime arising from abuse against the petitioner; and

(iv) that none of the following are pending at the time of the hearing:

1. an interim or temporary protective order or peace order issued against the respondent in a proceeding between the petitioner and the respondent; or

2. a criminal charge against the respondent arising from alleged abuse against the petitioner.

(4) (i) On its own motion or on the objection of the other party, the court may, for good cause, deny the shielding.

(ii) In determining whether there is good cause under subparagraph (i) of this paragraph, the court shall balance the privacy of the petitioner or the respondent and potential danger of adverse consequences to the petitioner or the respondent against the potential risk of future harm and danger to the petitioner and the community.

(5) Information about the proceeding may not be removed from the Domestic Violence Central Repository.

(e) (1) (i) If the respondent consented to the entry of a protective order under this subtitle, the petitioner or the respondent may file a written request for shielding at any time after the protective order expires.

(ii) On the filing of a request for shielding under this paragraph, the court shall schedule a hearing on the request.

(iii) The court shall give notice of the hearing to the other party or the other party’s counsel of record.

(iv) Except as provided in subparagraph (vi) of this paragraph and subject to subparagraph (v) of this paragraph, after the hearing, the court may order the shielding of all court records relating to the proceeding if the court finds:

1. for cases in which the respondent requests shielding, that the petitioner consents to the shielding;

2. that the respondent did not violate the protective order during its term;

3. that a final peace order or protective order has not been previously issued against the respondent in a proceeding between the petitioner and the respondent;

4. that the respondent has not been found guilty of a crime arising from abuse against the petitioner; and

5. that none of the following are pending at the time of the hearing:

A. an interim or temporary peace order or protective order issued against the respondent; or

B. a criminal charge against the respondent arising from alleged abuse against an individual.

(v) In determining whether court records should be shielded under this paragraph, the court shall balance the privacy of the petitioner or the respondent and potential danger of adverse consequences to the petitioner or the respondent against the potential risk of future harm and danger to the petitioner and the community.

(vi) Information about the proceeding may not be removed from the Domestic Violence Central Repository.

(2) (i) If the respondent consented to the entry of a protective order under this subtitle, but the petitioner did not consent to shielding at the hearing under paragraph (1) of this subsection, the respondent may refile a written request for shielding after 1 year from the date of the hearing under paragraph (1) of this subsection.

(ii) On the filing of a request for shielding under this paragraph, the court shall schedule a hearing on the request.

(iii) The court shall give notice of the hearing to the other party or the other party’s counsel of record.

(iv) Except as provided in subparagraph (vi) of this paragraph and subject to subparagraph (v) of this paragraph, after the hearing, the court may order the shielding of all court records relating to the proceeding if the court finds:

1. A. that the petitioner consents to the shielding; or

B. that the petitioner does not consent to the shielding, but that it is unlikely that the respondent will commit an act of abuse against the petitioner in the future;

2. that the respondent did not violate the protective order during its term;

3. that a final peace order or protective order has not been previously issued against the respondent in a proceeding between the petitioner and the respondent;

4. that the respondent has not been found guilty of a crime arising from abuse against the petitioner; and

5. that none of the following are pending at the time of the hearing:

A. an interim or temporary peace order or protective order issued against the respondent; or

B. a criminal charge against the respondent arising from alleged abuse against an individual.

(v) In determining whether court records should be shielded under this paragraph, the court shall balance the privacy of the petitioner or the respondent and potential danger of adverse consequences to the petitioner or the respondent against the potential risk of future harm and danger to the petitioner and the community.

(vi) Information about the proceeding may not be removed from the Domestic Violence Central Repository.

(f) (1) This section does not preclude the following persons from accessing a shielded record for a legitimate reason:

(i) a law enforcement officer;

(ii) an attorney who represents or has represented the petitioner or the respondent in a proceeding;

(iii) a State’s Attorney;

(iv) an employee of a local department; or

(v) a victim services provider.

(2) (i) A person not listed in paragraph (1) of this subsection may subpoena, or file a motion for access to, a record shielded under this section.

(ii) If the court finds that the person has a legitimate reason for access, the court may grant the person access to the shielded record under the terms and conditions that the court determines.

(iii) In ruling on a motion under this paragraph, the court shall balance the person’s need for access to the record with the petitioner’s or the respondent’s right to privacy and the potential harm of unwarranted adverse consequences to the petitioner or the respondent that the disclosure may create.

(g) Within 60 days after entry of an order for shielding under this section, each custodian of court records that are subject to the order of shielding shall advise in writing the court and the respondent of compliance with the order.

(h) The Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Judiciary, may adopt regulations governing online access to shielded records by a victim services provider.
Md. Code, Health Occupations § 4-308 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: in_force

(a) A general license to practice dentistry issued under this title authorizes the licensee to practice dentistry while the license is effective.

(b) While it is effective, a limited license to practice dentistry issued under this title authorizes the licensee to practice dentistry, including as an intern or a resident:

(1) Only for the institution or public health program named on the license; and

(2) Only on patients of the institution or public health program named on the license.

(c) While it is effective, a retired volunteer dentist’s license or a volunteer dentist’s license to practice dentistry issued under this title authorizes the licensee to practice dentistry:

(1) Only in a dental office, dental clinic, ambulatory care facility, or hospital;

(2) Only for an entity providing medical care to the poor, elderly, or disabled that is operated by:

(i) The State or a local government;

(ii) A bona fide charitable organization; or

(iii) Any other entity authorized under regulations adopted by the Board;

(3) If the dentist signs a written statement agreeing to donate at least 100 hours of dental services without compensation in a facility that satisfies the requirements of items (1) and (2) of this subsection;

(4) If the dentist provides documentation as required by the Board which evidences that the licensee is covered by malpractice insurance; and

(5) If the dentist does not otherwise practice dentistry for profit in Maryland.

(d) (1) While it is effective, a temporary volunteer dentist’s license issued under this title authorizes the licensee to practice dentistry:

(i) Only in a temporary dental clinic providing medical care to the poor, elderly, or disabled that is operated by:

1. A bona fide charitable organization;

2. The State or a local government; or

3. A local health department;

(ii) If:

1. The dentist holds a general license to practice dentistry in another state that permits clinical practice and the dentist is not subject to clinical restrictions; and

2. The dentist has:

A. Passed the North East Regional Board Clinical Examination; or

B. Submitted to the Board a notarized affidavit or other evidence satisfactory to the Board indicating that for the 5 years preceding application, the applicant has actively engaged in practicing dentistry for at least 850 hours on average per year;

(iii) If the dentist has fulfilled any requirements of the Board relating to knowledge of the regulations adopted by the Board and the laws concerning the practice of dentistry in the State;

(iv) If the dentist provides a notarized affidavit to the Board agreeing to donate dental services without compensation for a temporary dental clinic that satisfies the requirements of subsection (i) of this section;

(v) If the dentist provides documentation as required by the Board that evidences that the dentist is covered by malpractice insurance;

(vi) If the dentist does not otherwise practice dentistry for profit in the State; and

(vii) If the dentist provides verification of current cardiopulmonary resuscitation certification.

(2) A dentist who holds a temporary volunteer dentist’s license may not administer, maintain, or monitor general anesthesia or sedation.

(3) A dentist who holds a temporary volunteer dentist’s license may only provide services authorized under the Maryland Dentistry Act and the regulations adopted by the Board.

(4) A dentist who holds a temporary volunteer dentist’s license or the temporary dental clinic in which the dentist is providing services shall provide a form to a patient at the conclusion of treatment that contains:

(i) A summary of the services that were provided to the patient by the dentist and, if applicable, the dental hygienist; and

(ii) Instructions for any recommended follow–up dental care.

(5) The Board may deny a temporary volunteer dentist’s license on the grounds provided under § 4–315 of this subtitle.

(6) A temporary volunteer dentist’s license issued to a dentist under this title shall be issued for the duration of the temporary dental clinic only and may not be renewed.

(7) The Board may issue a temporary volunteer dentist’s license to a dentist who previously held a temporary volunteer dentist’s license if the dentist applies for a new license and satisfies the requirements of this subtitle.

(8) The Board may not require continuing education as a condition for the issuance of a temporary volunteer dentist’s license.

(e) While it is effective, a teacher’s license to practice dentistry issued under this title authorizes the licensee to practice dentistry at only the following institutions:

(1) The institution named on the license; and

(2) Other affiliated institutions as appropriate because of the specialized nature of the services to be performed.

(f) (1) Except as provided in subsection (k) of this section, while it is effective, a general license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene:

(i) Under the supervision of a licensed dentist who is:

1. On the premises and available for personal consultation while the services are being performed; or

2. Not on the premises while authorized dental hygiene services are provided when the requirements of subsection (l) of this section have been fully satisfied; and

(ii) Only in a:

1. Dental office;

2. Dental clinic;

3. Hospital;

4. School;

5. Charitable institution; or

6. Health maintenance organization certified by the State Insurance Commissioner.

(2) (i) The Board may waive, on a case by case basis only, the supervision requirements of this subsection for:

1. A dental facility owned and operated by the federal, the State, or a local government;

2. A health facility licensed by the Maryland Department of Health;

3. A facility providing medical care to the poor, elderly, or handicapped that is owned and operated by:

A. The State or a local government; or

B. A bona fide charitable organization; or

4. Any other setting authorized under regulations adopted by the Board.

(ii) A waiver is not required to practice dental hygiene under general supervision in accordance with subsection (k) of this section.

(3) The Board may grant a waiver under paragraph (2) of this subsection if:

(i) The facility requesting the waiver has submitted a written application;

(ii) The facility requesting the waiver has submitted a medical emergency plan of action at the time of application; and

(iii) The Board finds that:

1. Good cause exists to justify the granting of the waiver;

2. Adequate facilities and equipment, including portable equipment where appropriate and appropriate armamentarium, are available for the appropriate delivery of dental hygiene services; and

3. Adequate safeguards are present to protect the patient’s health and safety.

(4) (i) The Board, upon written request or its own motion, may conduct a public informational meeting on any waiver application.

(ii) The Board shall maintain records of all waiver applications and the criteria and basis for its action on each application.

(iii) The Board shall have the power to inspect or review any facility, location, person, or entity applying for, covered by, or acting under a waiver.

(5) (i) Except as provided under subparagraph (ii) of this paragraph, the Board shall accept or deny a waiver under paragraph (2) of this subsection within 60 calendar days of the receipt of the application for the waiver or it shall be deemed to have been accepted.

(ii) If extraordinary circumstances exist, the Board shall accept or deny a waiver under paragraph (2) of this subsection within 90 calendar days of the receipt of the application for the waiver or it shall be deemed to have been accepted.

(6) Any changes in the procedures or personnel of a facility with a waiver granted under this subsection shall be reported to the Board within 15 business days after the change.

(g) While it is effective, a retired volunteer dental hygienist’s license or a volunteer dental hygienist’s license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene:

(1) Only in a dental office, dental clinic, ambulatory care facility, or hospital;

(2) Only for an entity providing medical care to the poor, elderly, or handicapped that is operated by:

(i) The State or a local government;

(ii) A bona fide charitable organization; or

(iii) Any other entity authorized under regulations adopted by the Board;

(3) If the dental hygienist signs a written statement agreeing to donate at least 100 hours of dental hygiene services without compensation in a facility that satisfies the requirements of items (1) and (2) of this subsection;

(4) If the dental hygienist provides documentation as required by the Board which evidences that the licensee is covered by malpractice insurance; and

(5) If the dental hygienist does not otherwise practice dental hygiene for profit in Maryland.

(h) (1) While it is effective, a temporary volunteer dental hygienist’s license issued under this title authorizes the licensee to practice dental hygiene:

(i) Only in a temporary dental clinic providing medical care to the poor, elderly, or disabled that is operated by:

1. A bona fide charitable organization;

2. The State or a local government; or

3. A local health department;

(ii) If the dental hygienist holds a general license to practice dental hygiene in another state that permits clinical practice and the dental hygienist is not subject to clinical restrictions;

(iii) In addition to holding a general license to practice dental hygiene, if the dental hygienist:

1. Provides documentation as required by the Board which evidences that the dental hygienist passed the North East Regional Board Clinical Examination; or

2. Submits to the Board a notarized affidavit or other evidence satisfactory to the Board indicating that for the 3 years preceding application, the dental hygienist has actively engaged in practicing dental hygiene for at least 150 hours on average per year;

(iv) If the dental hygienist has fulfilled any requirements of the Board related to knowledge of the laws and regulations governing the practice of dental hygiene in the State;

(v) If the dental hygienist provides a notarized affidavit to the Board agreeing to donate dental hygiene services without compensation for a temporary dental clinic that satisfies the requirements of subsection (i) of this section;

(vi) If the dental hygienist provides documentation as required by the Board evidencing that the dental hygienist is covered by malpractice insurance;

(vii) If the dental hygienist does not otherwise practice dental hygiene for profit in the State; and

(viii) If the dental hygienist provides verification of current cardiopulmonary resuscitation certification.

(2) A dental hygienist who holds a temporary volunteer dental hygienist’s license may only provide services authorized under the Maryland Dentistry Act and the regulations adopted by the Board.

(3) A dental hygienist who holds a temporary volunteer dental hygienist’s license may not:

(i) Administer local anesthesia; or

(ii) Administer, maintain, or monitor nitrous oxide oxygen.

(4) While it is effective, a temporary volunteer dental hygienist’s license issued under this title authorizes the licensee to practice dental hygiene under the general supervision of a dentist who:

(i) Is on the premises;

(ii) Examines the patient at any time during the treatment; and

(iii) Is available for personal consultation while the services are being performed.

(5) A dental hygienist may perform an assessment of dental needs and provide dental hygiene services prior to an examination by a supervising dentist.

(6) This subsection may not be construed to:

(i) Require a preliminary dental examination or treatment by a dental hygienist; or

(ii) Prohibit a supervising dentist from either examining a patient or providing treatment to a patient prior to treatment by a dental hygienist.

(7) The Board may deny a temporary volunteer license to practice dental hygiene on the grounds provided under § 4–315 of this subtitle.

(8) A temporary volunteer dental hygienist’s license issued to a dental hygienist under this section shall be issued for the duration of the temporary dental clinic only and may not be renewed.

(9) The Board may issue a temporary volunteer dental hygienist’s license to a dental hygienist who previously held a temporary volunteer dental hygienist’s license if the dental hygienist applies for a new license and satisfies the requirements of this subtitle.

(10) The Board may not require continuing education as a condition for the issuance of a temporary volunteer dental hygienist’s license.

(i) (1) While it is effective, a temporary dental clinic permit issued to a bona fide charitable organization under this title authorizes the permit holder to utilize holders of a temporary volunteer dentist’s license or a temporary volunteer dental hygienist’s license to provide dental services to the poor, elderly, or disabled at a temporary dental clinic that is operated by the bona fide charitable organization.

(2) The Board shall issue a temporary dental clinic permit to a bona fide charitable organization that meets the requirements of this subsection.

(3) A temporary dental clinic permit issued to a bona fide charitable organization under this title shall be issued for the duration of the dental clinic only and may not be renewed.

(4) The Board may issue a temporary dental clinic permit to a bona fide charitable organization that previously held a temporary dental clinic permit if the bona fide charitable organization applies for a new permit and satisfies the requirements of this subtitle.

(5) A bona fide charitable organization that conducts a temporary dental clinic under this title may not be construed to be practicing dentistry as defined in § 4–101 of this title.

(6) (i) The State, a local government, or a local health department that provides dental services to the poor, elderly, or disabled:

1. May not be required by the Board to seek authorization under this title to provide the services; and

2. Shall provide written notice to the Board of its intention to provide dental services to the poor, elderly, or disabled at least 60 days prior to the date the services are to be provided.

(ii) A holder of an out–of–state license to practice dentistry or dental hygiene who would like to provide dental services sponsored by the State, a local government, or a local health department shall obtain a temporary volunteer dentist’s license or temporary volunteer dental hygienist’s license as provided in this title before providing the dental services.

(7) A holder of a temporary dental clinic permit shall have:

(i) A medical emergency plan;

(ii) Adequate equipment, including portable equipment where appropriate, and appropriate armamentarium available for the appropriate delivery of dental services; and

(iii) Adequate safeguards to protect the health and safety of patients.

(8) The Board may:

(i) Enter and inspect a temporary dental clinic in order to carry out a duty under this title; and

(ii) Conduct an investigation of a temporary dental clinic or a holder of a temporary volunteer dentist’s license or a temporary volunteer dental hygienist’s license providing dental services at the temporary dental clinic.

(j) While it is effective, a teacher’s license to practice dental hygiene issued under this title authorizes the licensee to:

(1) Teach dental hygiene only at the institution named on the license; and

(2) Practice dental hygiene under the general supervision of a licensed dentist with the institution named on the license.

(k) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Contractual employee” means a dental hygienist who has an annual contract to practice dental hygiene an average of at least 8 hours per week in a facility specified under paragraph (3)(i) of this subsection.

(iii) “Facility” includes a program operated within a facility that is specified under paragraph (3)(i) of this subsection.

(iv) “Federally qualified health center” has the meaning stated in 42 U.S.C. § 254b(a).

(v) “Federally qualified health center look–alike” has the meaning stated in 42 U.S.C. § 1396d(l)(2)(B).

(vi) “General supervision” means supervision of a dental hygienist by a dentist, where the dentist may or may not be present when the dental hygienist performs the dental hygiene procedures.

(2) (i) While effective, a general license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene and apply sealants or fluoride agents such as professional topical fluoride treatments, mouth rinse, or varnish:

1. Under general supervision in accordance with this subsection; and

2. In a facility specified under paragraph (3)(i) of this subsection that complies with the requirements of this subsection.

(ii) This subsection may not be construed to:

1. Authorize a dental hygienist to practice dental hygiene independent of a supervising dentist;

2. Prohibit a dentist from being available for personal consultation or on the premises where a dental hygienist is practicing; or

3. Require a waiver under subsection (f) of this section.

(3) (i) While it is effective, a general license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene under general supervision in:

1. A dental facility owned and operated by the federal, the State, or a local government;

2. A public health department or public school of the State or a county;

3. A facility in which a program licensed by the Department is operating;

4. A facility owned and operated by the Department of Juvenile Services;

5. A facility owned and operated by the State or a local government that provides medical care to the poor, elderly, or handicapped;

6. A facility in which a federally qualified health center or a federally qualified health center look–alike is located; or

7. A facility in which a State licensed Head Start Program or Early Head Start Program operates.

(ii) Before a facility may allow a dental hygienist authorized to practice dental hygiene under general supervision in accordance with this subsection to practice in the facility, the facility shall report to the Board:

1. That the facility is operating under general supervision; and

2. The identity of each supervising dentist and each dental hygienist.

(4) A facility in which a dental hygienist is authorized to practice under the general supervision of a licensed dentist in accordance with this subsection shall ensure that:

(i) The supervising dentist for the facility:

1. Holds an active general license to practice dentistry in the State;

2. Holds a current certificate evidencing health provider level C proficiency, or its equivalent, in cardiopulmonary resuscitation; and

3. Has at least 2 years of active clinical practice in direct patient care;

(ii) Each dental hygienist authorized to practice under the general supervision of a licensed dentist in accordance with this subsection:

1. Holds an active general license to practice dental hygiene in the State;

2. Holds a current certificate evidencing health provider level C proficiency, or its equivalent, in cardiopulmonary resuscitation;

3. Has at least 2 years of active clinical practice in direct patient care; and

4. Is a permanent or contractual employee of the federal government, a state or local government, or a federally qualified health center;

(iii) The facility has:

1. A medical emergency plan;

2. Adequate equipment, including portable equipment where appropriate and appropriate armamentarium, available for the appropriate delivery of dental hygiene services; and

3. Adequate safeguards to protect the patient’s health and safety;

(iv) A recall patient who has been examined by a dental hygienist practicing under the general supervision of a licensed dentist will be scheduled for an oral examination every 6 months, or as otherwise recommended by the supervising dentist;

(v) A dental hygienist practicing under the general supervision of a licensed dentist ascertains before treating a recall patient that there has been no change in the patient’s medical history;

(vi) A dental hygienist consults with the supervising dentist or the patient’s dentist and the treating physician, registered nurse practitioner, certified nurse midwife, or licensed certified midwife before proceeding with treatment if there is a change in the patient’s medical condition;

(vii) Adequate facilities and equipment are available for the delivery of dental hygiene services other than fluoride rinse programs; and

(viii) The facility reports to the Board any changes in the status of the facility’s general supervision, any supervising dentist, or any dental hygienist within 30 days after the change.

(l) (1) In this subsection, “private dental office” means a dental office owned and operated by:

(i) A licensed dentist; or

(ii) A professional corporation, partnership, limited liability company, or limited liability partnership owned and controlled by a licensed dentist.

(2) While it is effective, a general license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene under the general supervision of a licensed dentist in a private dental office.

(3) A private dental office in which a dental hygienist is authorized to practice under the general supervision of a licensed dentist shall ensure that:

(i) The supervising dentist holds an active license to practice dentistry in this State;

(ii) The dental hygienist holds an active license to practice dental hygiene in this State;

(iii) The dental hygienist has at least 1,500 hours of dental hygiene clinical practice in direct patient care; and

(iv) There is a written agreement between the supervising dentist and the dental hygienist practicing under general supervision that clearly sets forth the terms and conditions under which the dental hygienist may practice, including a statement that the dental hygienist may provide dental hygiene services without the supervising dentist on the premises.

(4) A dental hygienist may perform authorized dental hygiene services without the supervising dentist on the premises only if:

(i) After the supervising dentist examines and evaluates a patient, the prescribed and authorized treatment to be provided by the dental hygienist is written in the patient’s records;

(ii) 1. Treatments authorized by a supervising dentist to be provided by the dental hygienist are rendered no later than 7 months from the date the patient was examined and evaluated by the supervising dentist; and

2. Upon expiration of a prescription or prescribed treatment, the supervising dentist examines and reevaluates the patient before writing a new prescription and authorization for treatment;

(iii) Prior to an appointment, the patient or the custodial parent or legal guardian of a minor or incompetent adult shall:

1. Be informed that a dental hygienist will be providing services previously prescribed by a dentist who will not be on the premises during the appointment; and

2. Consent to receiving the dental hygiene services;

(iv) Written emergency procedures are in place and the dental hygienist is trained to implement the emergency procedures;

(v) A designated licensed dentist is available for consultation with the dental hygienist; and

(vi) The number of unsupervised clinical hours worked by a supervised dental hygienist in any given 3–month period is less than 60 percent of the dental hygienist’s total hours worked during that 3–month period.

(5) A supervising dentist may not employ more than two dental hygienists to work under the dentist’s general supervision at any given time.

(m) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Assisted living program” has the meaning stated in § 19–1801 of the Health – General Article.

(iii) “Clinical office” means an office of a licensed physician, registered nurse practitioner, certified nurse midwife, or licensed certified midwife who provides prenatal, postpartum, or primary care and in which the supervising dentist and dental hygienist communicate with the licensed physician, certified registered nurse practitioner, certified nurse midwife, or licensed certified midwife in providing dental hygiene services to a patient.

(iv) “Facility” means:

1. A nursing home;

2. An assisted living program;

3. Clinical offices; or

4. A group home or adult day care center.

(v) “General supervision” means supervision of a dental hygienist by a dentist, where the dentist may or may not be present when the dental hygienist performs the dental hygiene procedures.

(vi) “Group home or adult day care center” means a group home or adult day care center where the patient’s medical records are made available to the dentist and the dental hygienist and that obtains the consent of the patient or the patient’s guardian for dental hygiene services to be provided under this subsection.

(vii) “Nursing home” has the meaning stated in § 19–1401 of the Health – General Article.

(2) (i) While it is effective, a general license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene under the general supervision of a licensed dentist in a facility in accordance with this subsection.

(ii) This subsection may not be construed to:

1. Authorize a dental hygienist to practice dental hygiene independent of a supervising dentist;

2. Prohibit a dentist from being available for personal consultation or on the premises where a dental hygienist is practicing;

3. Prohibit a dental hygienist, without the supervision of a dentist, from performing a preliminary dental examination with subsequent referral to a dentist; or

4. Require a waiver under subsection (f) of this section.

(3) Before a dental hygienist is authorized to practice dental hygiene under general supervision in a facility in accordance with this subsection, the dental hygienist shall:

(i) Hold an active license to practice dental hygiene in the State;

(ii) Hold a current certificate evidencing health provider level C proficiency, or its equivalent, in cardiopulmonary resuscitation;

(iii) Have at least 3,000 hours of active clinical practice in direct patient care; and

(iv) Ensure that the facility where the dental hygienist will practice under general supervision has:

1. A written medical emergency plan in place;

2. Adequate equipment, including portable equipment and appropriate armamentarium, available for the appropriate delivery of dental hygiene services, unless the dental hygienist provides the equipment described; and

3. Adequate safeguards to protect the patient’s health and safety.

(4) Before a dental hygienist is authorized to practice dental hygiene under general supervision in a facility in accordance with this subsection, the supervising dentist shall:

(i) Hold an active general license to practice dentistry in the State;

(ii) Hold a current certificate evidencing health provider level C proficiency, or its equivalent, in cardiopulmonary resuscitation;

(iii) Have at least 3,000 hours of active clinical practice in direct patient care; and

(iv) Have a written agreement between the supervising dentist and the dental hygienist that:

1. Clearly sets forth the terms and conditions under which the dental hygienist may practice, including a statement that the dental hygienist may provide dental hygiene services without the supervising dentist on the premises unless this title requires that a licensed dentist be on the premises in order for the service to be performed by the dental hygienist;

2. Indicates the population to be served;

3. States the method by which the services are to be provided and the procedures to be used by the supervising dentist to oversee and direct the dental hygienist; and

4. States the names and license numbers of the dentist and dental hygienist performing services under the written agreement.

(5) A dental hygienist practicing under the general supervision of a licensed dentist in a facility and performing an authorized dental hygiene service for a patient’s initial appointment shall:

(i) Ensure that, while the dental hygienist is performing the service, the supervising dentist is available for consultation with the dental hygienist:

1. In person;

2. By telephone; or

3. Electronically;

(ii) Consult with the supervising dentist and the treating physician, registered nurse practitioner, certified nurse midwife, or licensed certified midwife before proceeding with treatment if there is a change in or concerns about a patient’s medical condition;

(iii) Assess the appropriate recall interval based on the needs of the patient, or as otherwise recommended by the supervising dentist;

(iv) Limit dental hygiene tasks and procedures provided during the initial appointment to:

1. Toothbrush prophylaxis;

2. Application of fluoride;

3. Dental hygiene instruction;

4. Full mouth debridement;

5. Assessing the patient’s apparent need for further evaluation by a dentist in order to diagnose the presence of dental disease; and

6. Other duties as may be delegated, verbally or in writing, by the supervising dentist; and

(v) Submit findings of the initial assessment to the supervising dentist for a collaborative determination of future treatment based on the patient’s overall health status.

(6) A dental hygienist may perform subsequent authorized dental hygiene services following the initial appointment without the supervising dentist on the premises only if:

(i) The supervising dentist:

1. Examines the patient and the patient’s charts and other dental records;

2. Authorizes in the patient’s record the scope of a prescription of specific treatment to be provided by the dental hygienist; and

3. Examines the patient at least once every 12 months, or more frequently as determined by the dentist;

(ii) An authorized treatment is provided by the dental hygienist as soon as possible, but no later than 7 months from the date the patient and the patient’s charts and other dental records were reviewed by the supervising dentist; and

(iii) On completion of the treatment prescribed following the initial appointment, the supervising dentist determines, in consultation with the dental hygienist, future protocols for the treatment of the patient.

(7) While performing dental hygiene services for a patient under paragraph (6)(iii) of this subsection, a dental hygienist shall:

(i) Assess with the supervising dentist the appropriate recall interval based on the needs of the patient;

(ii) Limit services to the preventive services authorized under the current scope of practice of a licensed dental hygienist except for those services for which the presence of a licensed dentist on the premises is required under this title; and

(iii) Report patient clinical findings to the supervising dentist and, with the supervising dentist, determine whether the patient should be referred for a follow–up examination or care by the supervising dentist.
Md. Code, Local Government § 4-209 — MD Code / Article glg / Title 4 / Subtitle 2 / Section 4-209
§4–209.
Status: in_force

(a) Except as expressly or necessarily modified by this subtitle, a referendum shall be conducted generally according to the procedures and practices for regular countywide elections.

(b) (1) On the day and during the hours specified for the referendum, the question of incorporation under the proposed municipal charter shall be submitted to the registered voters of the area proposed to be incorporated.

(2) The county board of elections shall arrange for and conduct the referendum.

(3) The wording specified by the county commissioners or county council in the resolution authorizing a referendum on the question of the proposed incorporation shall be placed on the ballots used at the referendum.

(c) Promptly after the canvass is complete, the county board of elections shall certify the results to the county commissioners or county council.

(d) Within 10 days after receiving a certification of the vote on the referendum from the county board of elections:

(1) if a majority of those who voted on the question voted in favor of incorporation under the proposed municipal charter:

(i) the county commissioners or county council publicly shall so proclaim; and

(ii) on the 30th day after the public proclamation, the area proposed to be incorporated shall become a municipality operating under the municipal charter; or

(2) if less than a majority of those who voted on the question voted in favor of incorporation under the proposed municipal charter:

(i) the county commissioners or county council publicly shall so proclaim; and

(ii) the proclamation shall state that the proposed incorporation is not approved.
Md. Code, Natural Resources § 4-725 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-725
§4–725.
Status: in_force

In the waters of Talbot County, a person may set only the following types of nets in the areas and during the times prescribed:

(1) Any net at any time in the waters of the Chesapeake Bay bordering Talbot County;

(2) Any net at any time in the waters of the Choptank River southeast of a straight line drawn from Benoni’s Point to Chlora’s Point;

(3) Gill nets and fyke nets at any time in any of the waters of Talbot County; and

(4) Haul seines in Harris Creek southerly and downstream from a straight line drawn between Station Hawk on the west side and Indian Point on the east side if the mesh in all seines is in bar not less than one and one-half inches.
Md. Code, Business Regulation § 4-418 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-418
§4–418.
Status: in_force

The provisions of this subtitle governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.
Md. Code, Courts and Judicial Proceedings § 4-303 — MD Code / Article gcj / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

The District Court has jurisdiction over a person who is brought before a court sitting as a juvenile court if:

(1) The juvenile court waives jurisdiction or the person elects to be tried according to the regular criminal procedure; and

(2) The offense charged is within the jurisdiction conferred by § 4-301 of this subtitle.
Md. Code, Health Occupations § 4-315 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-315
§4–315.
Status: in_force

(a) Subject to the hearing provisions of § 4–318 of this subtitle, the Board may deny a general license to practice dentistry, a limited license to practice dentistry, or a teacher’s license to practice dentistry to any applicant, reprimand any licensed dentist, place any licensed dentist on probation, or suspend or revoke the license of any licensed dentist, if the applicant or licensee:

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

(2) Fraudulently or deceptively uses a license;

(3) Obtains a fee by fraud or attempts to obtain a fee by fraud;

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

(5) Provides professional services while:

(i) Under the influence of alcohol; or

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

(6) Practices dentistry in a professionally incompetent manner or in a grossly incompetent manner;

(7) Has had a license to practice dentistry revoked or suspended in any other state;

(8) Uses another person as an in–person solicitor of business;

(9) Practices or offers to practice dentistry under a name other than that on the license;

(10) Uses in connection with the practice of dentistry a business entity name or a trade name that is not authorized by law;

(11) Permits an unauthorized individual to practice dentistry under the supervision of the applicant or licensee;

(12) Permits a dental hygienist to practice dental hygiene:

(i) In an unauthorized place; or

(ii) Without being supervised by a licensed dentist as required by § 4–308 of this subtitle;

(13) Violates any restriction on advertising in § 4–503 of this title;

(14) Suggests, requests, or in any way directs that a patient appear at a dental laboratory;

(15) Violates any provision in Subtitle 4 of this title, which relates to work authorizations for dental laboratory work;

(16) Behaves dishonorably or unprofessionally, or violates a professional code of ethics pertaining to the dentistry profession;

(17) Is mentally or physically incompetent to practice dentistry;

(18) Demonstrates a course of conduct of providing dental care that is inconsistent with generally accepted professional standards of care in the practice of dentistry, regardless of whether actual injury to the patient occurs;

(19) Provides a dental service in a manner that is significantly inconsistent with generally accepted professional standards of care in the practice of dentistry, regardless of whether actual injury to the patient occurs;

(20) Violates any rule or regulation adopted by the Board;

(21) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

(22) Willfully makes or files a false report or record in the practice of dentistry;

(23) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(24) Knowingly submits to a third party any claim form, bill, or statement which contains any misleading, deceptive, false, incomplete, or fraudulent representation asserting a fee which is greater than the fee that the dentist usually accepts as payment in full for any given dental appliance, procedure, or service;

(25) Abrogates or forgives the copayment provisions of any insurance policy, insurance contract, health prepayment contract, health care plan, or nonprofit health service plan contract by accepting the payment received from a third party as full payment, unless the dentist discloses to the third party that the patient’s payment portion will not be collected;

(26) Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;

(27) Except as provided in subsection (b) of this section, divides a fee with another dentist if the division is not in proportion to the services performed and the responsibility assumed by each dentist;

(28) Fails to comply with the provisions of § 12–102 of this article;

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

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

(31) Fails to display the notice required under § 4–313(d) of this subtitle;

(32) Fails to begin to fulfill a public service requirement within 1 year of when the assignment is to begin that was a condition of the applicant or licensee receiving State or federal loans or scholarships for the applicant’s or licensee’s dental education;

(33) Fails to comply with any Board order;

(34) Willfully and without legal justification, fails to cooperate with a lawful investigation conducted by the Board;

(35) Fails to comply with § 1–223 of this article;

(36) Fails to comply with the requirements of the Prescription Drug Monitoring Program in Title 21, Subtitle 2A of the Health – General Article;

(37) Accepts or tenders rebates or splits fees in violation of § 4–103(c) of this title; or

(38) Allows a dental assistant to assist in the practice of dentistry:

(i) In an unauthorized manner in violation of this title or regulations adopted by the Board;

(ii) Without specifically instructing the certified dental assistant to perform an intraoral procedure that the certified dental assistant is authorized to perform; or

(iii) Failing to provide direct supervision of a dental assistant.

(b) A dentist may divide a fee with another dentist who is a partner or an associate in the same dental practice if dividing the fee does not increase the fee for the service charged to the patient.

(c) Subject to the hearing provisions of § 4–318 of this subtitle, the Board may deny a general license to practice dental hygiene, a teacher’s license to practice dental hygiene, or a temporary license to practice dental hygiene to any applicant, reprimand any licensed dental hygienist, place any licensed dental hygienist on probation, or suspend or revoke the license of any licensed dental hygienist, if the applicant or licensee:

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

(2) Fraudulently or deceptively uses a license;

(3) Behaves unprofessionally or in a grossly immoral way, or violates a professional code of ethics pertaining to the dental hygiene profession;

(4) Practices dental hygiene in an unauthorized place;

(5) Practices dental hygiene in a professionally incompetent manner or in a grossly incompetent manner;

(6) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

(7) Performs intraoral functions not authorized by statute or the rules and regulations of the Board;

(8) Violates the requirements of § 4–313 of this subtitle that relate to display of licenses and renewal certificates;

(9) Violates any rule or regulation adopted by the Board;

(10) Is mentally or physically incompetent to practice dental hygiene;

(11) Demonstrates a course of conduct of providing dental hygiene care that is inconsistent with generally accepted professional standards of care in the practice of dental hygiene, regardless of whether actual injury to the patient occurs;

(12) Provides a dental hygiene service in a manner that is significantly inconsistent with generally accepted professional standards of care in the practice of dental hygiene, regardless of whether actual injury to the patient occurs;

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

(14) Provides professional services while:

(i) Under the influence of alcohol; or

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

(15) Willfully makes or files a false report or record in the practice of dental hygiene;

(16) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

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

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

(19) Fails to comply with any Board order; or

(20) Willfully and without legal justification, fails to cooperate with a lawful investigation conducted by the Board.
Md. Code, Corporations and Associations § 4A-918 — MD Code / Article gca / Title 4A / Subtitle 9 / Section 4A-918
§4A–918.
Status: in_force

Except in a proceeding by this State or any of its political subdivisions, the acceptance of articles of reinstatement for record by the Department is conclusive evidence of:

(1) The payment of all fees, taxes, unemployment insurance contributions, and reimbursement payments required to be paid;

(2) The filing of all reports required to be filed; and

(3) The reinstatement of the right to do business in Maryland of the limited liability company.
Md. Code, Public Safety § 4-506 — MD Code / Article gps / Title 4 / Subtitle 5 / Section 4-506
§4–506.
Status: in_force

(a) (1) Except as provided in paragraphs (2) and (3) of this subsection and subject to § 4–507 of this subtitle and the limitations and requirements provided in this subtitle, each fiscal year the State shall pay to each county and each qualifying municipality, in the manner provided in this subtitle, an amount determined as provided in this section.

(2) Notwithstanding any other provision of this subtitle, for each of fiscal years 2015 and 2016, the total amount of the grants provided under this subtitle shall be $67,277,067.

(3) Notwithstanding any other provision of this subtitle, for fiscal year 2018, the total amount of the grants provided under this subtitle shall be $73,714,998 and each county and each qualifying municipality shall receive the same State funding that the county or qualifying municipality received in fiscal year 2017.

(b) (1) If the aggregate expenditures for police protection in a county equal or exceed $6.00 per person, the State shall pay to the county the amount by which $6.00 per person exceeds 0.09% of the wealth base of the county.

(2) If the aggregate expenditures for police protection in a county are less than $6.00 per person, the State shall pay to the county the amount by which aggregate expenditures for police protection exceed the amount obtained by multiplying 0.09% of the wealth base of the county times a fraction:

(i) the numerator of which is the aggregate expenditures for police protection; and

(ii) the denominator of which is $6.00 per person.

(c) (1) Except as otherwise provided in this subsection, in addition to the amount, if any, payable under subsection (b) of this section, the State shall pay to each county 25% of the amount by which aggregate expenditures for police protection in the county exceed $6.00 per person.

(2) For a county with a population density of less than 100 per square mile and in which less than 30% of the total population resides in a municipality, the State shall make no payment under this subsection.

(3) For a county with a population density of at least 100 but less than 500 per square mile, and for a county with a population density of less than 100 per square mile and in which at least 30% of the total population resides in a municipality, payment under this subsection may not exceed $3.50 per person.

(4) For a county with a population density of at least 500 but less than 900 per square mile, payment under this subsection may not exceed $7.50 per person.

(5) For a county with a population density of at least 900 but less than 1,100 per square mile, payment under this subsection may not exceed $8.00 per person.

(6) For a county with a population density of at least 1,100 but less than 1,300 per square mile, payment under this subsection may not exceed $9.25 per person.

(7) For a county with a population density of at least 1,300 but less than 8,000 per square mile, payment under this subsection shall be:

(i) 25% of the amount by which aggregate expenditures for police protection in the county exceed $6.00 per person but do not exceed $36.00 per person; and

(ii) 50% of the amount by which aggregate expenditures for police protection in the county exceed $36.00 per person but do not exceed $45.50 per person.

(8) For a county with a population density of at least 8,000 per square mile, payment under this subsection shall be:

(i) 25% of the amount by which aggregate expenditures for police protection in the county exceed $6.00 per person but do not exceed $36.00 per person; and

(ii) 50% of the amount by which aggregate expenditures for police protection in the county exceed $36.00 per person but do not exceed $101.50 per person.

(d) (1) The State shall pay to each county the amount by which $2.50 per person exceeds the total payments determined under subsections (b) and (c) of this section.

(2) A county for which the population estimate is less than the population estimated for the first year of the grant may not receive in any year a smaller amount of State aid for police protection than it received in any previous year if it has not reduced the level of expenditures for police protection which entitled it to the amount of the previous year’s grant.

(e) In addition to the payments made under subsections (b), (c), and (d) of this section, the State shall pay to each county with a population density of less than 500 per square mile, $2.00 per person.

(f) (1) In addition to the payments made under subsections (b) through (e) of this section, the State shall pay:

(i) to each county, $2.50 per person, subject to paragraph (2) of this subsection;

(ii) to Baltimore City, $0.50 per person; and

(iii) to each county that borders the District of Columbia, in addition to the amount required under item (i) of this paragraph, $0.50 per person living in the county within 1 mile of the border between the State and the District of Columbia.

(2) The State shall allocate the supplemental grant on a per person basis among the county and the qualifying municipalities in that county and distribute the resulting allocation to each county and qualifying municipality.

(g) Each fiscal year, the State shall pay to each county an additional grant equal to the greater of:

(1) 10% of the total of the payments determined under subsections (b) through (e) of this section; or

(2) an amount not to exceed $1 per person.

(h) The State shall pay each county the amount by which the grant paid to the county in fiscal year 1984 exceeds the total payments determined under subsections (b) through (g) of this section.

(i) Each fiscal year, the State shall pay to each qualifying municipality, in addition to the payments made under subsections (b) through (h) of this section, $1,950 for each sworn officer actually employed on a full–time basis by the qualifying municipality, as determined by the Executive Director.

(j) The payment made to each county under subsections (b), (c), (d), (e), (g), and (h) of this section shall be allocated to each county and qualifying municipality by multiplying the total payment by a fraction:

(1) the numerator of which equals the expenditures for police protection of the county or the qualifying municipality; and

(2) the denominator of which equals the aggregate expenditures for police protection.
Md. Code, Corporations and Associations § 4A-912 — MD Code / Article gca / Title 4A / Subtitle 9 / Section 4A-912
§4A–912.
Status: in_force

(a) Within ten days after the issuance of the proclamation, the Department shall mail notice of the proclamation to each limited liability company named in it. The notice shall be addressed to the limited liability company at its mailing address on file with the Department or, if none, at any other address appearing on the records of the Department.

(b) A limited liability company that pays all taxes, unemployment insurance contributions, reimbursement payments, interest, and penalties due, files the annual report due, or both, as the case may be, within 60 days after the issuance of the proclamation shall have its right to do business in Maryland and the right to the use of its name reinstated as of the date of forfeiture.
Md. Code, Transportation § 4-208 — MD Code / Article gtr / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

(a) (1) There is a Maryland Transportation Authority Police Force.

(2) Subject to subsection (b) of this section, a Maryland Transportation Authority police officer has all the powers granted to a peace officer and a police officer of this State.

(b) (1) A Maryland Transportation Authority police officer may exercise the powers described in subsection (a)(2) of this section on property owned, leased, or operated by or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, and Maryland Port Administration.

(2) (i) This paragraph does not apply to a highway as defined in § 8–101 of this article or other public property or waterway open for public conveyance.

(ii) For purposes of establishing perimeter security subject to the requirements of paragraph (3) of this subsection, a Maryland Transportation Authority police officer may exercise the powers described in subsection (a)(2) of this section:

1. Within 500 feet of property described in paragraph (1) of this subsection; and

2. On or within 500 feet of any other property owned, leased, operated by, or under the control of the Department.

(3) A Maryland Transportation Authority police officer may exercise the powers described in paragraph (2) of this subsection, if:

(i) The Chairman of the Maryland Transportation Authority, with the approval of the Governor, determines on the basis of specific and articulable facts that the exercise of the powers is reasonable to protect against actual or threatened physical injury or damage to State employees or State property or assets and provides notice of the exercise of the powers to the:

1. Chief of police, if any, or the chief’s designee, in a municipal corporation;

2. Chief of police or the chief’s designee in a county with a county police department;

3. Sheriff or the sheriff’s designee in a county without a police department;

4. Police Commissioner or the Police Commissioner’s designee in Baltimore City;

5. Secretary of Natural Resources or the Secretary’s designee on any property owned, leased, operated by, or under the control of the Department of Natural Resources;

6. Secretary of State Police or the Secretary’s designee; or

7. Secretary of a principal department that maintains a police force or the secretary’s designee if the department would be affected by the actions of the Maryland Transportation Authority Police Force of this subsection; or

(ii) Ordered to do so by the Governor pursuant to a proclamation or declaration by the Governor of a state of emergency under Title 14 of the Public Safety Article.

(4) The police officer may not exercise these powers on any other property unless:

(i) Engaged in fresh pursuit of a suspected offender;

(ii) Specially requested or permitted to do so in a political subdivision by its chief executive officer or its chief police officer; or

(iii) Ordered to do so by the Governor.

(5) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any federal, State, or local law enforcement agency, or any other federal police or federal protective service.

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

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

(3) Standards adopted on or after July 1, 1974, on minimum hiring qualifications of Maryland Transportation Authority police officers may not affect the status of any individual who was a qualified toll facilities police officer on that date.

(d) The Authority shall adopt rules and regulations governing the operation and conduct of the Maryland Transportation Authority Police Force and of Maryland Transportation Authority police officers. These rules and regulations shall be consistent with the standards established by the Secretary.

(e) The Maryland Transportation Authority Police Force shall provide police services to the Authority, to the Maryland Aviation Administration, and to the Maryland Port Administration.

(f) (1) Any person who was a member in good standing, as of July 1, 1977, of the Maryland Aviation Administration Police Force of the Department and subsequently an airport police employee of the State Police, shall become a member of the Maryland Transportation Authority Police Force, and shall continue as such without diminution in salary, except for shift differential, until retirement, resignation, or termination, and shall be paid in accordance with the Maryland Transportation Authority Police Force pay plan.

(2) Each employee described in paragraph (1) of this subsection shall remain a member of the Baltimore City fire and police employees retirement system. The Authority shall reimburse the City for the employer’s cost of the pension coverage.

(g) (1) Any person who is a member in good standing, as of July 1, 1998, of the Maryland Port Administration Police Force of the Department shall become a member of the Maryland Transportation Authority Police Force and shall continue as such without diminution in salary until retirement, resignation, or termination of employment, and shall be paid in accordance with the Maryland Transportation Authority Police Force plan.

(2) Each employee described in paragraph (1) of this subsection may elect to join the Law Enforcement Officers’ Pension System under the provision of Title 26 of the State Personnel and Pensions Article.
Md. Code, Housing and Community Development § 4-2107 — MD Code / Article ghs / Title 4 / Subtitle 21 / Section 4-2107
§4–2107.
Status: in_force

The Council shall:

(1) coordinate State policy and working relationships among State, local, and nonprofit agencies concerning efforts to remedy and prevent homelessness;

(2) coordinate data sharing between local Continuums of Care;

(3) coordinate outreach to each Continuum of Care to develop joint strategies that impact State and federal funding efforts to remedy and prevent homelessness;

(4) determine comprehensive and effective collaborative strategies and best practices for remediation and prevention of homelessness in the State, in particular addressing the differing needs of the State’s geographic areas;

(5) review and analyze the need for and availability of affordable and accessible housing resources to address the needs of homeless individuals throughout the State;

(6) recommend changes necessary to alleviate or prevent homelessness, including making recommendations annually to the General Assembly, in accordance with § 2–1257 of the State Government Article, and appropriate State agencies and organizations regarding effective policies, effective distribution of resources, and access to available services and programs;

(7) identify supportive services for special populations, including veterans, youth, families, and individuals with behavioral health problems;

(8) disseminate information and educate the public about the prevalence and causes of and responses to homelessness;

(9) solicit input from the advocacy community, the business community, the faith community, and consumers regarding policy and program development; and

(10) determine best practices and models for providing emergency shelter and shelter diversion, including ensuring the health, safety, and security of shelter residents, providing client–centered and trauma–informed support services, and ensuring equal access to protected classes under applicable federal, State, and local civil rights laws.
Md. Code, Corporations and Associations § 4A-903 — MD Code / Article gca / Title 4A / Subtitle 9 / Section 4A-903
§4A–903.
Status: in_force

On application by or on behalf of a member, the circuit court of the county in which the principal office of the limited liability company is located may decree the dissolution of the limited liability company whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization or the operating agreement.
Md. Code, Alcoholic Beverages and Cannabis § 4-110 — MD Code / Article gab / Title 4 / Subtitle 1 / Section 4-110
§4–110.
Status: in_force

The application shall also include a petition of support signed by at least 10 residents who are owners of real estate and registered voters of the precinct in which the business is to be conducted stating:

(1) the length of time each of the residents has been acquainted with the applicant or, if the applicant is a corporation, acquainted with the individuals making the application;

(2) that they have examined the application, have good reason to believe that the statements contained in the application are true, and in their judgment the applicant is a suitable person to obtain the license; and

(3) that they are familiar with the premises on which the proposed business is to be conducted and that they believe the premises are suitable for the conduct of business as a retail dealer.
Md. Code, Natural Resources § 4-410 — MD Code / Article gnr / Title 4 / Subtitle 4 / Section 4-410
§4–410.
Status: in_force

(a) This section is intended to protect the State in its objective to propagate and manage fish on fish refuges, lands, and waters controlled by the Department.

(b) An unauthorized person may not enter or trespass on or destroy, deface, or damage any fish refuge or lands acquired for fish ponds or hatcheries without the consent of the Department. A person may not allow any dog, domestic stock, or poultry to enter on any State fish refuge.
Md. Code, Local Government § 4-402 — MD Code / Article glg / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

An annexation proposal may be initiated by:

(1) the legislative body of the municipality as provided in § 4–403 of this subtitle; or

(2) a petition in accordance with § 4–404 of this subtitle.
Md. Code, General Provisions § 4-320 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-320
§4–320.
Status: in_force

(a) (1) In this section, “telephone solicitation” means the initiation of a telephone call to an individual or to the residence or business of an individual to encourage the purchase or rental of or investment in property, goods, or services.

(2) “Telephone solicitation” does not include a telephone call or message:

(i) to an individual who has given express permission to the person making the telephone call;

(ii) to an individual with whom the person has an established business relationship; or

(iii) by a tax–exempt, nonprofit organization.

(b) Except as provided in subsections (c) through (f) of this section, a custodian may not knowingly disclose a public record of the Motor Vehicle Administration containing personal information.

(c) A custodian shall disclose personal information when required by federal law.

(d) (1) This subsection applies only to the disclosure of personal information for any use in response to a request for an individual motor vehicle record.

(2) The custodian may not disclose personal information without written consent from the person in interest.

(3) (i) At any time the person in interest may withdraw consent to disclose personal information by notifying the custodian.

(ii) The withdrawal by the person in interest of consent to disclose personal information shall take effect as soon as practicable after it is received by the custodian.

(e) (1) This subsection applies only to the disclosure of personal information for inclusion in lists of information to be used for surveys, marketing, and solicitations.

(2) The custodian may not disclose personal information for surveys, marketing, and solicitations without written consent from the person in interest.

(3) (i) At any time the person in interest may withdraw consent to disclose personal information by notifying the custodian.

(ii) The withdrawal by the person in interest of consent to disclose personal information shall take effect as soon as practicable after it is received by the custodian.

(4) The custodian may not disclose personal information under this subsection for use in telephone solicitations.

(5) Personal information disclosed under this subsection may be used only for surveys, marketing, or solicitations and only for a purpose approved by the Motor Vehicle Administration.

(f) Notwithstanding subsections (d) and (e) of this section, and subject to § 4–320.1 of this subtitle, a custodian shall disclose personal information:

(1) for use by a federal, state, or local government, including a law enforcement agency, or a court in carrying out its functions;

(2) for use in connection with matters of:

(i) motor vehicle or driver safety;

(ii) motor vehicle theft;

(iii) motor vehicle emissions;

(iv) motor vehicle product alterations, recalls, or advisories;

(v) performance monitoring of motor vehicle parts and dealers; and

(vi) removal of nonowner records from the original records of motor vehicle manufacturers;

(3) for use by a private detective agency licensed by the Secretary of State Police under Title 13 of the Business Occupations and Professions Article or a security guard service licensed by the Secretary of State Police under Title 19 of the Business Occupations and Professions Article for a purpose allowed under this subsection;

(4) for use in connection with a civil, an administrative, an arbitral, or a criminal proceeding in a federal, state, or local court or regulatory agency for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments or orders;

(5) for purposes of research or statistical reporting as approved by the Motor Vehicle Administration provided that the personal information is not published, redisclosed, or used to contact the individual;

(6) for use by an insurer, an insurance support organization, or a self–insured entity, or its employees, agents, or contractors, in connection with rating, underwriting, claims investigating, and antifraud activities;

(7) for use in the normal course of business activity by a legitimate business entity or its agents, employees, or contractors, but only:

(i) to verify the accuracy of personal information submitted by the individual to that entity; and

(ii) if the information submitted is not accurate, to obtain correct information only for the purpose of:

1. preventing fraud by the individual;

2. pursuing legal remedies against the individual; or

3. recovering on a debt or security interest against the individual;

(8) for use by an employer or insurer to obtain or verify information relating to a holder of a commercial driver’s license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. § 31101 et seq.);

(9) for use in connection with the operation of a private toll transportation facility;

(10) for use in providing notice to the owner of a towed or impounded motor vehicle;

(11) for use by an applicant who provides written consent from the individual to whom the information pertains if the consent is obtained within the 6–month period before the date of the request for personal information;

(12) for use in any matter relating to:

(i) the operation of a Class B (for hire), Class C (funeral and ambulance), or Class Q (limousine) vehicle; and

(ii) public safety or the treatment by the operator of a member of the public;

(13) for a use specifically authorized by State law, if the use is related to the operation of a motor vehicle or public safety;

(14) for use by a hospital to obtain, for hospital security, information relating to ownership of vehicles parked on hospital property;

(15) for use by a procurement organization requesting information under § 4–516 of the Estates and Trusts Article for the purposes of organ, tissue, and eye donation;

(16) for use by an electric company, as defined in § 1–101 of the Public Utilities Article, but only:

(i) information describing a plug–in electric drive vehicle, as defined in § 11–145.1 of the Transportation Article, and identifying the address of the registered owner of the plug–in vehicle;

(ii) for use in planning for the availability and reliability of the electric power supply; and

(iii) if the information is not:

1. published or redisclosed, including redisclosed to an affiliate as defined in § 7–501 of the Public Utilities Article; or

2. used for marketing or solicitation; and

(17) for use by an attorney, a title insurance producer, or any other individual authorized to conduct a title search of a manufactured home under Title 8B of the Real Property Article.

(g) (1) A person receiving personal information under subsection (e) or (f) of this section may not use or redisclose the personal information for a purpose other than the purpose for which the custodian disclosed the personal information.

(2) A person receiving personal information under subsection (d), (e), or (f) of this section may not disclose the personal information to a federal agent or federal agency for the purpose of federal immigration enforcement unless the person is presented with a valid warrant issued by a federal court or a court of this State.

(3) A person receiving personal information under subsection (e) or (f) of this section who rediscloses the personal information shall:

(i) keep a record for 5 years of the person to whom the information is redisclosed and the purpose for which the information is to be used; and

(ii) make the record available to the custodian on request.

(h) (1) The custodian shall adopt regulations to implement and enforce this section.

(2) (i) The custodian shall adopt regulations and procedures for securing from a person in interest a waiver of privacy rights under this section when an applicant requests personal information about the person in interest that the custodian is not authorized to disclose under subsections (c) through (f) of this section.

(ii) The regulations and procedures adopted under this paragraph shall:

1. state the circumstances under which the custodian may request a waiver; and

2. conform with the waiver requirements in the federal Driver’s Privacy Protection Act of 1994 and other federal law.

(i) The custodian may develop and implement methods for monitoring compliance with this section and ensuring that personal information is used only for the purposes for which it is disclosed.
Md. Code, Transportation § 4-202 — MD Code / Article gtr / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: reserved

(a) The Secretary of Transportation is the Chairman of the Authority.

(b) (1) In addition to the Chairman, the Authority consists of eight members appointed by the Governor with the advice and consent of the Senate.

(2) The appointed members of the Authority may not be employees of the Executive Branch of the State government.

(3) Of the appointed members:

(i) One shall have expertise in structural engineering;

(ii) One shall have expertise in transportation planning;

(iii) One shall have expertise in land use planning; and

(iv) One shall have expertise in finance.

(4) The appointed members of the Authority shall reflect the racial, gender, and geographic diversity of the population of the State.

(c) (1) Each appointed member serves for a term of 4 years and until a successor is appointed and qualifies.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Authority on January 1, 2007.

(3) An appointed member may not serve more than three consecutive terms.

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

(d) A member of the Authority is entitled to:

(1) The compensation provided in the State budget; and

(2) Reimbursement for expenses, in accordance with the Standard State Travel Regulations of the Department of Budget and Management.
Md. Code, Agriculture § 4-212 — MD Code / Article gag / Title 4 / Subtitle 2 / Section 4-212
§4–212.
Status: in_force

(a) For the purpose of this section, a person is responsibly connected if he is an officer, director, holder, or an owner of at least 10 percent of the voting stock, or an employee in a managerial or executive capacity in the business.

(b) After the applicant or recipient is accorded an opportunity for a hearing, the Secretary may refuse or withdraw inspection services for any period of time, if it is determined that the applicant or recipient is unfit to engage in any business requiring inspection because he is responsibly connected with any business or person convicted within the previous ten years of one of the following offenses:

(1) Any felony or more than one misdemeanor under any law based upon acquiring, handling, or distributing adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions with food; or

(2) Any felony involving fraud, bribery, extortion, or any other act or circumstance indicating a lack of integrity needed for the conduct of operations affecting the public health.

(c) If inspection services are withdrawn or refused for any establishment for any failure of the operator (1) to maintain premises, facilities, equipment, or operating conditions pursuant to the provisions of § 4–208 of this subtitle; or (2) to destroy any condemned poultry product as required, the applicant or recipient, upon request, shall be afforded a hearing on the validity of this action. However, the withdrawal or refusal shall continue unless the Secretary orders otherwise.

(d) The determination and order of the Secretary made after the hearing shall be final and conclusive, unless the applicant or recipient files petition for judicial review within 30 days after the effective date of the order in the circuit court for any county in which premises subject to withdrawn or refused inspection service is located. Pending appeal to the board of review, the refusal shall continue in effect unless the Secretary otherwise orders.
Md. Code, Natural Resources § 4-715 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-715
§4–715.
Status: in_force

(a) A person may not fish with rod or hook and line from any kind of boat or float, or fish with nets of any kind within 1500 feet of any occupied duck blind for the period beginning two days prior to the open season, as promulgated by the Department of Interior of the United States for hunting wild waterfowl, and ending the day following the closing of the season in the following waters:

(1) Back River, except in the portion lying west of a line drawn from Stansbury’s Point on the south shore to Walnut Point on the north shore;

(2) Bird River and its tributaries lying within Baltimore County;

(3) Dark Head Creek, except in the portion lying north of a line drawn from Clark Point on the west shore directly across the creek to Sharp Point on Bull Neck Shore;

(4) Frog Mortar Creek, except in the portion lying northerly of a line drawn from Strawberry Point on the west shore to Weiskettle’s Landing on the east shore;

(5) Gunpowder River and its tributaries lying within Baltimore County;

(6) Hogpen Creek, except in the portion lying southwest of natural headlands marking entrance into the creek;

(7) Middle River, except in the portion lying west of a line drawn from Clark Point, also known as Maryland Yacht Club Point, on the north shore to the point of shore directly south of Clark Point;

(8) Norman Creek, except in the portion lying west of a line drawn from Cape May Beach on the south shore to Barren Point on the north shore;

(9) Seneca Creek, except in the portion lying northwest of a line drawn from Gun Point on the north shore directly south to Blackberry or Flying Point on the south shore;

(10) Seneca River; Saltpeter Creek; Dundee Creek and in the waters of their tributaries;

(11) Stansbury’s Creek, except in the portion lying northwest of a line drawn from Wilson Point on south shore to Strawberry Point on north shore; and

(12) Sue Creek, except in the portion lying west of a line drawn from the northeasternmost point of Sue’s Island to extremity of Rockaway Beach Road at the southern tip of Turkey Point.

(b) A person may not set a pound net or any similar device in the waters of Back River and its tributaries.

(c) A person may not fish with rod, hook and line or a net in the waters of Bird River between November 1 and January 31, both dates inclusive. A person shall remove every net or stake used for taking fish before midnight on October 31.

(d) A person may not fish with a net of any kind in the waters of Dundee Creek west of a line drawn from Levering’s Point on the north to Marshy Point on the south.

(e) (1) Except as provided in paragraph (2) of this subsection, a person may not fish in the waters of Gunpowder River lying in Baltimore County, with nets, from May 15 to September 15, both dates inclusive.

(2) (i) Except in areas where it is prohibited by the Department, in the waters of the Gunpowder River lying in Baltimore County or Harford County, on prior notification to the Department a person may catch carp 6 weeks before and during Passover in each year and 4 weeks before and during Rosh Hashanah through Yom Kippur in each year. If a person catches any fish variety other than carp under this paragraph, the person shall return them immediately to the water unharmed.

(ii) The Department, by regulation:

1. Shall establish procedures for the prior notification required under subparagraph (i) of this paragraph; and

2. May prohibit fishing for carp and catfish in certain areas as provided in subparagraph (i) of this paragraph.

(f) A person may not fish with nets or seines of any kind in the waters of Middle River and its tributaries, defined as those waters northeast of a line drawn from Bowley Point southwesterly to the navigation light at the western end of Sue Island, between March 1 and June 1, both dates inclusive.

(g) A person may not fish with seines or nets of any kind in the waters of Sue’s Creek west of a line drawn from the northeasternmost point of Sue’s Island to extremity of Rockaway Beach Road at the southern tip of Turkey Point.
Md. Code, Economic Development § 4-504 — MD Code / Article gec / Title 4 / Subtitle 5 / Section 4-504
§4–504.
Status: in_force

(a) The Council consists of the following 17 members:

(1) 13 members appointed by the Governor in consultation with the Secretary and with the advice and consent of the Senate;

(2) two members appointed by the President of the Senate of Maryland, at least one of whom shall be a member of the Senate; and

(3) two members appointed by the Speaker of the House of Delegates, at least one of whom shall be a member of the House of Delegates.

(b) (1) (i) The term of a member who is not a member of the General Assembly is 3 years and begins on July 1.

(ii) A member of the General Assembly appointed to the Council serves until a successor is appointed.

(2) A member may be reappointed, but after serving for two consecutive 3-year terms, a member may not be reappointed until at least 1 year after the end of the member’s previous tenure.

(3) The terms of members appointed under subsection (a)(1) of this section are staggered as required by the terms provided for members of the Council on October 1, 2008.

(4) At the end of a term, a member continues to serve until a successor has been appointed and qualifies.

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

(c) In appointing members, the Governor shall:

(1) consider recommendations of civic, educational, and professional organizations concerned with or engaged in the production or presentation of the arts; and

(2) provide balanced geographic representation.
Md. Code, Housing and Community Development § 4-701 — MD Code / Article ghs / Title 4 / Subtitle 7 / Section 4-701
§4–701.
Status: in_force

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

(b) “Child care center” has the meaning stated in § 9.5–401(c) of the Education Article.

(c) “Family of limited income” means a family that meets the qualifications under § 4–707 of this subtitle.

(d) “Fund” means the Special Loan Programs Fund under Subtitle 5 of this title.

(e) “Grant Program” means the Lead Hazard Reduction Grant Program.

(f) (1) “Lead hazard reduction activity” means measures to reduce or eliminate lead–based paint hazards in accordance with State or federal standards.

(2) “Lead hazard reduction activity” includes:

(i) removing lead–based paint and lead–contaminated dust, containing or encapsulating lead–based paint, and replacing or removing surfaces or fixtures painted with lead–based paint;

(ii) meeting the risk reduction standards under § 6–815 of the Environment Article or the modified risk reduction standards under § 6–817 of the Environment Article;

(iii) temporarily reducing human exposure or probable exposure to lead–based paint hazards, including specialized cleaning, repairing, maintaining, painting, temporarily containing, and ongoing monitoring of lead–based paint hazards or potential hazards;

(iv) associated testing, preparing, cleaning, protecting workers, disposing, and post–lead hazard reduction clearance testing; and

(v) testing an innovative or unproven method of lead hazard reduction.

(g) “Loan Program” means the Lead Hazard Reduction Loan Program.
Md. Code, Housing and Community Development § 4-1102 — MD Code / Article ghs / Title 4 / Subtitle 11 / Section 4-1102
§4–1102.
Status: in_force

(a) The Department shall award operating assistance grants to nonprofit organizations to further the production or rehabilitation of limited income housing by those organizations or by individuals they help.

(b) A nonprofit organization is eligible for a grant if it meets the performance and other standards that the Department sets and:

(1) makes an application that:

(i) describes the housing project;

(ii) includes evidence of acceptable performance in the prior year, if the nonprofit organization received a grant in the prior year; and

(iii) is acceptable to the Department;

(2) has helped individuals to apply for loans from the Department; or

(3) was responsible for originating applications, as certified by a political subdivision approved by the Department.
Md. Code, Corporations and Associations § 4A-1106 — MD Code / Article gca / Title 4A / Subtitle 11 / Section 4A-1106
§4A–1106.
Status: in_force

(a) The conversion of an other entity to a limited liability company shall be completed on the later of:

(1) The formation of the limited liability company in accordance with this title; or

(2) The effectiveness of articles of conversion filed for record with the Department.

(b) The conversion of a limited liability company to an other entity shall be completed on the effectiveness of articles of conversion filed for record with the Department.

(c) Articles of conversion are effective on the later of:

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

(2) The future effective time of the articles of conversion set forth in articles of conversion that have been accepted by the Department for record.

(d) (1) (i) Except as provided in subparagraph (ii) of this paragraph, at the time the conversion of an other entity to a limited liability company is completed:

1. The other entity shall be converted to a limited liability company;

2. The conversion shall have the effects set forth in § 4A–1104 of this subtitle; and

3. The limited liability company shall be subject to all of the provisions of this title.

(ii) Notwithstanding § 4A–202 of this title, the existence of the limited liability company as a domestic limited liability company shall be deemed to have commenced on the date the other entity commenced its existence in the place in which the other entity was first incorporated, created, formed, or otherwise came into being.

(2) At the time the conversion of a limited liability company to an other entity is completed, the conversion shall have the effects set forth in §�4A–1104 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 4-903 — MD Code / Article gab / Title 4 / Subtitle 9 / Section 4-903
§4–903.
Status: in_force

(a) The following persons may petition for judicial review of a decision of a local licensing board to the circuit court of the county where the local licensing board sits on payment of all costs incident to the hearing before the local licensing board:

(1) a holder of a license issued by the local licensing board;

(2) any applicant for a license; and

(3) a group of not fewer than 10 persons who are residents or real estate owners in the precinct or voting district where the licensed place of business is located or proposed to be located.

(b) To seek judicial review of a decision of a local licensing board under subsection (a) of this section, a license holder, an applicant for a license, or a group shall have:

(1) been aggrieved by the decision of the local licensing board; and

(2) appeared at the hearing of the local licensing board in person, by representation, or by submitting a written document that was introduced at the hearing.
Md. Code, Health - General § 4-208 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

(a) In this section, “gestational carrier” means a woman other than an intended parent or gamete donor who agrees to become pregnant for an intended parent with the intention of gestating and delivering the child of the intended parent.

(b) (1) Within 5 calendar days after a birth occurs in an institution, or en route to the institution, or outside an institution with an attending clinician, the administrative head of the institution or a designee of the administrative head, or the attending clinician or a designee of the attending clinician, shall:

(i) Prepare, on the form that the Secretary provides, a certificate of birth;

(ii) Secure each signature that is required on the certificate;

(iii) File the certificate; and

(iv) If applicable, attach a copy of the order of the court establishing parentage.

(2) The attending physician, physician assistant, nurse practitioner, nurse midwife, or attending clinician shall provide the date of birth and medical information that are required on the certificate within 5 calendar days after the birth.

(3) The results of the universal hearing screening of newborns shall be incorporated into the supplemental information required by the Department to be submitted as a part of the birth event.

(4) When an individual who is not married gives birth to a child in an institution or outside an institution with an attending clinician, the administrative head of the institution or the designee of the administrative head, or the attending clinician or the designee of the attending clinician, shall:

(i) Provide an opportunity for the child’s parents to complete a standardized affidavit of parentage recognizing parentage of the child on the standardized form provided by the Department of Human Services under § 5–1028 of the Family Law Article;

(ii) Furnish to the mother written information prepared by the Child Support Administration concerning the benefits of having the parentage of the child established, including the availability of child support enforcement services; and

(iii) Forward the completed affidavit to the Maryland Department of Health, Division of Vital Records. The Maryland Department of Health, Division of Vital Records shall make the affidavits available to the parents, guardian of the child, or a child support enforcement agency upon request.

(5) An institution, the administrative head of the institution, the designee of the administrative head of an institution, an employee of an institution, the attending clinician, and the designee of the attending clinician may not be held liable in any cause of action arising out of the establishment of parentage.

(6) If the child’s mother was not married at the time of either conception or birth or between conception and birth, the name of the child’s other parent may not be entered on the certificate without an affidavit of parentage as authorized by § 5–1028 of the Family Law Article signed by the mother and the person to be named on the certificate as the other parent.

(7) If the child’s mother was married at the time of either the conception or birth or between conception and birth, the name of the mother’s spouse shall be entered on the certificate as the child’s other parent.

(8) (i) In any case that does not involve a gestational carrier in which parentage of a child is determined by a court of competent jurisdiction, the name of the parent who did not give birth to the child and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.

(ii) In any case that involves a gestational carrier in which parentage is determined by a court of competent jurisdiction:

1. The following shall be recorded on the forms provided by the Secretary:

A. An indication that the delivery of birth was by a gestational carrier;

B. The identity of the gestational carrier;

C. All relevant medical information regarding the gestational carrier and the delivery; and

D. Information regarding the intended parents;

2. An order of the court establishing parentage shall be attached to the forms provided by the Secretary; and

3. On receipt of the forms provided by the Secretary and the order of the court establishing parentage, the Division of Vital Records shall immediately:

A. Seal the forms provided by the court; and

B. Register the certificate of birth in accordance with the order of the court.

(9) If the parent who did not give birth to the child is not named on the certificate of birth, no other information about that parent shall be entered on the certificate.

(c) (1) Within 5 calendar days after a birth occurs outside an institution without an attending clinician, the birth shall be verified by the Secretary and a certificate of birth shall be prepared, on the form that the Secretary provides, and filed by one of the following, in the indicated order of priority:

(i) The attending individual.

(ii) In the absence of an attending individual, either parent of the child.

(iii) In the absence or inability of either parent, the individual in charge of the premises where the birth occurred.

(2) In any case that involves a gestational carrier in which parentage is determined by a court of competent jurisdiction:

(i) The person specified in regulations adopted by the Department shall record the following on the forms provided by the Secretary:

1. An indication that the delivery of birth was by a gestational carrier;

2. The identity of the gestational carrier;

3. All relevant medical information regarding the gestational carrier and the delivery; and

4. Information regarding the intended parents;

(ii) The person specified in regulations adopted by the Department shall attach an order of the court establishing parentage to the forms provided by the Secretary; and

(iii) On receipt of the forms provided by the Secretary and order of the court establishing parentage, the Division of Vital Records shall immediately:

1. Seal the forms provided by the Secretary; and

2. Register the certificate of birth in accordance with the order of the court.

(d) (1) When a birth occurs on a common carrier within the United States and the child is first removed from the carrier in this State, the birth shall be registered in this State, and the place where the child is first removed shall be considered the place of birth.

(2) When a birth occurs on a common carrier while in international waters, air space, or in a foreign country and the child is first removed from the carrier in this State, the birth shall be registered in this State but the certificate shall show the actual place of birth insofar as can be determined.

(3) The certificate shall be filed within 5 calendar days after the child is removed from the carrier.

(e) (1) Each parent shall provide his or her own Social Security number on the form provided by the Secretary under this section.

(2) (i) If the parent who did not give birth to the child is not available to provide the parent’s Social Security number on the form provided under paragraph (1) of this subsection, the parent shall provide the parent’s Social Security number on a form provided by the Secretary for this purpose.

(ii) The form provided under this paragraph shall:

1. State that the form is for the purpose of providing the Social Security numbers of parents, to be included on the portion of the form that remains in the official birth record;

2. Contain a specific reference to this subtitle; and

3. State that the parent’s Social Security number shall be provided under penalty of perjury.

(3) The Social Security number as provided by each parent shall be recorded on the portion of the form provided by the Secretary which remains in the official birth record.

(4) The Social Security numbers of the parents may not appear on the portion of the birth certificate issued as proof of birth.

(5) (i) The Secretary shall permit disclosure of the Social Security numbers of the parents only to the Child Support Administration of the Department of Human Services.

(ii) The Child Support Administration may use the Social Security numbers of the parents to:

1. Locate a parent;

2. Establish parentage; and

3. Establish and enforce a child support order under Title 10, Subtitle 1 of the Family Law Article.

(f) If, under subsection (e)(1) of this section, the Social Security number of the parent who did not give birth to the child is not entered on the form provided by the Secretary:

(1) Upon adjudication of parentage, the court shall order the parent to provide the parent’s Social Security number to the clerk of court; and

(2) The clerk of court shall send the parent’s Social Security number to the Secretary, as provided under § 4–211(f) of this subtitle.
Md. Code, Housing and Community Development § 4-1308 — MD Code / Article ghs / Title 4 / Subtitle 13 / Section 4-1308
§4–1308.
Status: in_force

The Department may adopt regulations to carry out this subtitle.
Md. Code, Transportation § 4-102 — MD Code / Article gtr / Title 4 / Subtitle 1 / Section 4-102
§4–102.
Status: in_force

The exercise of the powers granted by this title is in all respects for the benefit of the people of this State and for the improvement of their health and living conditions, and the activities of the Authority and the operation and maintenance of its projects constitute essential governmental functions.
Md. Code, Local Government § 4-302 — MD Code / Article glg / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

An amendment to a municipal charter may be initiated by:

(1) the legislative body of the municipality as provided in § 4–304 of this subtitle; or

(2) a petition of the qualified voters of the municipality as provided in § 4–305 of this subtitle.
Md. Code, Housing and Community Development § 4-201 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

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

(b) “Business project” means a project that qualifies under § 4–223 of this subtitle.

(c) “Commercial building” means any building that:

(1) is used primarily to carry on a business whether or not for profit;

(2) is not a residential building; and

(3) is not used primarily to manufacture or produce raw materials, products, or agricultural commodities.

(d) “Commercial energy audit” means:

(1) an energy audit performed for purposes of Title VII of the National Energy Conservation Policy Act, 42 U.S.C. §§ 6201 through 6422; or

(2) an onsite inspection of a commercial building that includes a determination of, and provides information on:

(i) the type, quantity, and rate of energy consumption of the building;

(ii) the maintenance and operation procedures to reduce the energy consumption of the building; and

(iii) the cost of implementing an appropriate energy conservation project, a solar energy project, or both, and the savings in energy costs likely to result from the project.

(e) “Community development project” means a project that qualifies under § 4–217 of this subtitle.

(f) (1) “Development costs” means the costs that the Department considers reasonable and necessary to carry out:

(i) a community development project;

(ii) an energy conservation project;

(iii) a home improvement project;

(iv) an infrastructure project;

(v) a public purpose project;

(vi) a solar energy project;

(vii) a special housing facility; or

(viii) a business project.

(2) “Development costs” includes:

(i) the costs of:

1. studies, surveys, plans and specifications, and architectural, engineering, or other special services;

2. acquisition of land and any buildings on the land;

3. site preparation and development, construction, reconstruction, rehabilitation, and improvement; and

4. acquisition of machinery, equipment, and furnishings;

(ii) expenses incurred in connection with initial occupancy or operation of the project;

(iii) an allocable portion of the administrative and operating expenses of the Department;

(iv) the cost of financing the project, including interest on bonds and notes issued to finance the project from the date issued to the date the Department determines that the project is substantially occupied or substantially in operation;

(v) the cost of other items, including indemnity and surety bonds, premiums on insurance, fees, relocation costs, and charges and expenses of trustees, depositories, and paying agents for bonds and notes issued; and

(vi) operating and expansion costs for business projects.

(g) “Director” means the Director of the Administration.

(h) “Energy conservation project” means a project that qualifies under § 4–218 of this subtitle.

(i) “Family of limited income” means a family or individual whose income does not exceed the upper income limits established by the Secretary under § 4–212 of this subtitle.

(j) “Home improvement project” means a project that qualifies under § 4–219 of this subtitle.

(k) “Infrastructure project” means a project that qualifies under § 4–220 of this subtitle.

(l) “Limited dividend corporation” means a corporation that:

(1) qualifies as a limited dividend corporation under the Moderate–Income Rental Program of the National Housing Act, Title 12, Chapter 13 of the United States Code; and

(2) is operated only to further a community development project.

(m) “Local development agency” means the governmental unit of a political subdivision that the chief executive officer of the political subdivision designates to carry out community development under this subtitle.

(n) “Local development entity” means a corporation or foundation, no part of the net earnings of which inures to the benefit of a private shareholder or individual, that is organized and operated primarily to foster, encourage, and assist community development in the State.

(o) “Local obligation” means a bond, note, or other obligation of a political subdivision or a governmental unit of a political subdivision.

(p) “Public purpose project” means a project that qualifies under § 4–221 of this subtitle.

(q) “Residential building” means a single family or multifamily structure that is used primarily for human dwelling and that has a system for heating, cooling, or both.

(r) “Residential energy audit” means:

(1) an inspection or energy audit of a residential building or a dwelling unit in a residential building performed for purposes of Title II or Title VII of the National Energy Conservation Policy Act, Title 42, Chapter 91 of the United States Code; or

(2) an onsite inspection of a residential building or a dwelling unit in a residential building that includes a determination of and provides information on:

(i) the type, quantity, and rate of energy consumption of the building or dwelling unit;

(ii) maintenance and operating procedures to reduce the energy consumption of the residential building or dwelling unit; and

(iii) the cost of implementing an appropriate energy conservation project, solar energy project, or both, and the savings in energy costs that are likely to result from the project.

(s) “Residential mortgage loan” means a loan, including a temporary loan or advance, that is secured by a mortgage of real property in the State that is:

(1) improved by a residential building; or

(2) unimproved, if the loan proceeds are to be used to construct a residential building.

(t) “Solar energy project” means a project that qualifies under § 4–222 of this subtitle.

(u) “Special housing facility” means a project or undertaking for the refinancing, acquisition, rehabilitation, improvement, renovation, or construction of a building that:

(1) will be occupied in substantial part by families of limited income;

(2) will provide common, shared, or independent living, dining, kitchen, sanitary, and sleeping facilities;

(3) may include supportive services or supervisory live–in personnel for individuals with specialized housing needs;

(4) may include nonresidential facilities to serve individuals with special needs who need not be residents of the project or undertaking; and

(5) is not subject to § 4–213(b) of this subtitle.

(v) “Sustainable community” has the meaning stated in § 6–201 of this article.
Md. Code, Health - General § 4-306 — MD Code / Article ghg / Title 4 / Subtitle 3 / Section 4-306
§4–306.
Status: in_force

(a) In this section, “compulsory process” includes a subpoena, summons, warrant, or court order that appears on its face to have been issued on lawful authority.

(b) A health care provider shall disclose a medical record without the authorization of a person in interest:

(1) To a unit of State or local government, or to a member of a multidisciplinary team assisting the unit, for purposes of investigation or treatment in a case of suspected abuse or neglect of a child or an adult, subject to the following conditions:

(i) The health care provider shall disclose only the medical record of a person who is being assessed in an investigation or to whom services are being provided in accordance with Title 5, Subtitle 7 or Title 14, Subtitle 3 of the Family Law Article;

(ii) The health care provider shall disclose only the information in the medical record that will, in the professional judgment of the provider, contribute to the:

1. Assessment of risk;

2. Development of a service plan;

3. Implementation of a safety plan; or

4. Investigation of the suspected case of abuse or neglect; and

(iii) The medical record may be redisclosed as provided in §§ 1–201, 1–202, 1–204, and 1–205 of the Human Services Article;

(2) Subject to the additional limitations for a medical record developed primarily in connection with the provision of mental health services in § 4–307 of this subtitle, to health professional licensing and disciplinary boards, in accordance with a subpoena for medical records for the sole purpose of an investigation regarding:

(i) Licensure, certification, or discipline of a health professional; or

(ii) The improper practice of a health profession;

(3) To a health care provider or the provider’s insurer or legal counsel, all information in a medical record relating to a patient or recipient’s health, health care, or treatment which forms the basis for the issues of a claim in a civil action initiated by the patient, recipient, or person in interest;

(4) Notwithstanding any privilege in law, as needed, to a medical review committee as defined in § 1–401 of the Health Occupations Article or a dental review committee as defined in § 4–501 of the Health Occupations Article;

(5) To another health care provider as provided in § 10–807 or § 19–308.2 of this article;

(6) Subject to the additional limitations for a medical record developed primarily in connection with the provision of mental health services in § 4–307 of this subtitle and except as otherwise provided in items (2), (7), and (8) of this subsection, in accordance with compulsory process, if the health care provider receives:

(i) 1. A written assurance from the party or the attorney representing the party seeking the medical records that:

A. In a Child in Need of Assistance proceeding pursuant to Title 3, Subtitle 8 of the Courts and Judicial Proceedings Article, a person in interest has not objected to the disclosure of the designated medical records and 15 days have elapsed since the notice was sent;

B. In all other proceedings, a person in interest has not objected to the disclosure of the designated medical records within 30 days after the notice was sent; or

C. The objections of a person in interest have been resolved and the request for disclosure is in accordance with the resolution;

2. Proof that service of the subpoena, summons, warrant, or court order has been waived by the court for good cause; or

3. A copy of an order entered by a court expressly authorizing disclosure of the designated medical records;

(ii) For disclosures made under item (i)1A of this item, copies of the following items that were mailed by certified mail to the person in interest by the person requesting the disclosure at least 15 days before the records are to be disclosed:

1. The subpoena, summons, warrant, or court order seeking the disclosure or production of the records;

2. This section; and

3. A notice in the following form or a substantially similar form:

__________________ In the

Plaintiffs ______________________________

v. For

______________________________

_____________________________________

Defendants

Case No.:_____________________

NOTICE TO (Patient Name)

IN COMPLIANCE WITH § 4–306 OF THE HEALTH – GENERAL ARTICLE,

ANNOTATED CODE OF MARYLAND

TAKE NOTE that medical records regarding (Patient Name), have been subpoenaed from the (Name and address of Health Care Provider) pursuant to the attached subpoena and § 4–306 of the Health – General Article, Annotated Code of Maryland. This subpoena _____ does _____ does not (mark one) seek production of mental health records.

Please examine these papers carefully. IF YOU HAVE ANY OBJECTION TO THE PRODUCTION OF THESE DOCUMENTS, YOU MUST FILE A MOTION FOR A PROTECTIVE ORDER OR A MOTION TO QUASH THE SUBPOENA ISSUED FOR THESE DOCUMENTS UNDER MARYLAND RULES 2–403 AND 2–510 NO LATER THAN FIFTEEN (15) DAYS FROM THE DATE THIS NOTICE IS MAILED. For example, a protective order may be granted if the records are not relevant to the issues in this case, the request unduly invades your privacy, or causes you specific harm.

Also attached to this form is a copy of the subpoena duces tecum issued for these records.

If you believe you need further legal advice about this matter, you should consult your attorney.

______________________________

Attorney

(Firm Name

Attorney address

Attorney phone number)

Attorneys for (Name of Party Represented)

Certificate of Service

I hereby certify that a copy of the foregoing notice was mailed, first–class

postage prepaid, this ___ day of _________, 20__ to

___________________________________

Patient

___________________________________

Each Counsel in Case

___________________________________

Attorney

(iii) For disclosures made under item (i)1B of this item, copies of the following items that were mailed by certified mail and by mail sent first–class postage prepaid to the person in interest and, if applicable, by mail sent first–class postage prepaid to the court and parties in a criminal or juvenile delinquency case by the person requesting the disclosure at least 30 days before the records are to be disclosed:

1. The subpoena, summons, warrant, or court order seeking the disclosure or production of the records;

2. This section; and

3. A notice in the following form or a substantially similar form:

___________________________________ In the

Plaintiffs ______________________________

v. For

______________________________

___________________________________

Defendants

Case No.:_____________________

NOTICE TO (Patient Name)

IN COMPLIANCE WITH § 4–306 OF THE HEALTH – GENERAL ARTICLE,

ANNOTATED CODE OF MARYLAND

TAKE NOTE that medical records regarding (Patient Name), have been subpoenaed from the (Name and address of Health Care Provider) pursuant to the attached subpoena and § 4–306 of the Health – General Article, Annotated Code of Maryland. This subpoena ____ does ____ does not (mark one) seek production of mental health records.

Please examine these papers carefully. IF YOU HAVE ANY OBJECTION TO THE PRODUCTION OF THESE DOCUMENTS, YOU MUST FILE A MOTION FOR A PROTECTIVE ORDER OR A MOTION TO QUASH THE SUBPOENA ISSUED FOR THESE DOCUMENTS UNDER MARYLAND RULES 2–403, 2–510, OR 4–266 NO LATER THAN THIRTY (30) DAYS FROM THE DATE THIS NOTICE IS MAILED. For example, a protective order may be granted if the records are not relevant to the issues in this case, the request unduly invades your privacy, or causes you specific harm.

Also attached to this form is a copy of the subpoena duces tecum issued for these records.

If you believe you need further legal advice about this matter, you should consult your attorney.

______________________________

Attorney

(Firm Name

Attorney address

Attorney phone number)

Attorneys for (Name of Party Represented)

Certificate of Service

I hereby certify that a copy of the foregoing notice was mailed, first–class postage prepaid, this ___ day of _________, 20__ to

___________________________________

Patient

___________________________________

Each Counsel in Case

___________________________________

Attorney

(7) Subject to the additional limitations for a medical record developed primarily in connection with the provision of mental health services in § 4–307 of this subtitle, and the limitations on patient overdose information under § 13–3602(e) of this article, to grand juries, prosecution agencies, law enforcement agencies or their agents or employees to further an investigation or prosecution, pursuant to a subpoena, warrant, or court order for the sole purposes of investigating and prosecuting criminal activity, provided that the prosecution agencies and law enforcement agencies have written procedures to protect the confidentiality of the records;

(8) To the Maryland Insurance Administration when conducting an investigation or examination pursuant to Title 2, Subtitle 2 of the Insurance Article, provided that the Insurance Administration has written procedures to maintain the confidentiality of the records;

(9) To a State or local child fatality review team established under Title 5, Subtitle 7 of this article as necessary to carry out its official functions;

(10) To a local domestic violence fatality review team established under Title 4, Subtitle 7 of the Family Law Article as necessary to carry out its official functions;

(11) To a local drug overdose fatality review team established under Title 5, Subtitle 9 of this article as necessary to carry out its official functions, subject to:

(i) The additional limitations under § 4–307 of this subtitle for disclosure of a medical record developed primarily in connection with the provision of mental health services; and

(ii) Any additional limitations for disclosure or redisclosure of a medical record developed in connection with the provision of substance abuse treatment services under State law or 42 U.S.C. § 290dd–2 and 42 C.F.R. Part 2; or

(12) To a guardian ad litem appointed by a court to protect the best interests of a minor or a disabled or elderly individual who is a victim of a crime or a delinquent act, for the sole purpose and use of the guardian ad litem in carrying out the guardian ad litem’s official function to protect the best interests of the minor or the disabled or elderly individual in a criminal or juvenile delinquency court proceeding as permitted under 42 C.F.R. § 164.512(e).

(c) (1) Subject to paragraphs (2) through (4) of this subsection, a health care provider shall disclose medical and legal records without the authorization of an individual to a public defender who states in writing that the Office of the Public Defender represents the individual in:

(i) An involuntary admission proceeding under Title 10, Subtitle 6 of this article;

(ii) A release proceeding under Title 10, Subtitle 8 of this article; or

(iii) A commitment or release proceeding under Title 3 of the Criminal Procedure Article.

(2) Legal records required to be disclosed under paragraph (1) of this subsection include:

(i) An emergency petition;

(ii) An application for involuntary admission; and

(iii) A certification for involuntary admission.

(3) The records disclosed under paragraph (1) of this subsection shall be limited to those records needed by the public defender to represent the individual in the proceedings listed in paragraph (1) of this subsection.

(4) Records provided under paragraph (1)(i) of this subsection shall be provided:

(i) Within 24 hours after the health care provider receives a written request for the records from the public defender; and

(ii) Only if the individual has not yet retained private counsel.

(d) When a disclosure is sought under this section:

(1) A written request for disclosure or written confirmation by the health care provider of an oral request that justifies the need for disclosure shall be inserted in the medical record of the patient or recipient; and

(2) Documentation of the disclosure shall be inserted in the medical record of the patient or recipient.

(e) (1) Subject to paragraph (2) of this subsection, a health care provider shall disclose a medical record in accordance with compulsory process not later than 30 days after receiving:

(i) The documentation required under subsection (b)(6) of this section; and

(ii) Any fees owed to the health care provider by the party or the attorney representing the party seeking the medical record for the retrieval, copying, preparation, mailing, and actual cost of postage and handling of the medical record under § 4–304(c) of this subtitle.

(2) On a showing of good cause, a health care provider may request up to 30 additional days beyond the date by which disclosure is required under paragraph (1) of this subsection to disclose a medical record.
Md. Code, Corporations and Associations § 4-503 — MD Code / Article gca / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: in_force

(a) (1) In this section, “transfer” means the transfer of any interest in the stock of a close corporation, except:

(i) A transfer by operation of law to a personal representative, trustee in bankruptcy, receiver, guardian, or similar legal representative;

(ii) The acquisition of a lien or power of sale by an attachment, levy, or similar procedure; or

(iii) The creation or assignment of a security interest.

(2) A foreclosure sale or other transfer by a person who acquired his interest or power in a transaction described in paragraph (1) of this subsection is a transfer subject to all the provisions of this section. For purposes of the transfer, the person effecting the foreclosure sale or other transfer shall be treated as and have the rights of a holder of the stock under this section and § 4-602(b) of this title.

(b) A transfer of the stock of a close corporation is invalid unless:

(1) Every stockholder of the corporation consents to the transfer in writing within the 90 days before the date of the transfer; or

(2) The transfer is made under a provision of a unanimous stockholders’ agreement permitting the transfer to the corporation or to or in trust for the principal benefit of:

(i) One or more of the stockholders or security holders of the corporation or their wives, children, or grandchildren; or

(ii) One or more persons named in the agreement.
Md. Code, Labor and Employment § 4-220 — MD Code / Article gle / Title 4 / Subtitle 2 / Section 4-220
§4–220.
Status: in_force

(a) An employee, an employer, or a labor organization may submit to the Mediation Service a petition for decertification of an organization that:

(1) the Mediation Service has certified as a bargaining representative after a consent election; or

(2) an employer currently recognizes as the bargaining representative without a consent election.

(b) A petition for decertification of an organization as bargaining representative for a bargaining unit:

(1) shall be supported by at least 30% of the employees in the bargaining unit; and

(2) may not be submitted within 1 year after certification of the bargaining representative as a result of a consent election.

(c) (1) The Mediation Service shall investigate each petition submitted in accordance with this section to determine whether there is reasonable doubt that the bargaining representative in fact represents a majority of the employees in the bargaining unit.

(2) If, after the investigation, the Mediation Service determines that there is reasonable doubt, the Mediation Service shall order an election to resolve the issue.
Md. Code, Natural Resources § 4-11A-03.2 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-03.2
§4–11A–03.
Status: in_force

§4–11A–03.2.

(a) There is an Aquaculture Coordinating Council.

(b) The Coordinating Council shall consist of the following members:

(1) 1 member of the Maryland Senate designated by the President of the Senate;

(2) 1 member of the Maryland House of Delegates designated by the Speaker of the House;

(3) 1 representative of the Department of Agriculture designated by the Secretary of Agriculture;

(4) 1 representative of the Department of Natural Resources Police designated by the Secretary of Natural Resources;

(5) 1 representative of the Department of Natural Resources, Fisheries Service, designated by the Secretary of Natural Resources;

(6) 2 representatives of the University of Maryland designated by the President of the University of Maryland, College Park Campus:

(i) 1 with expertise in aquaculture research; and

(ii) 1 representing the Maryland Cooperative Extension;

(7) 1 representative of the Department of Commerce designated by the Secretary of Commerce;

(8) 1 representative of the Department of the Environment designated by the Secretary of the Environment;

(9) 1 representative of the Maryland Department of Health designated by the Secretary of Health;

(10) 3 representatives of the aquaculture industry designated by the Governor;

(11) 3 tidal fisheries licensed harvesters, including at least one who is a member of the Maryland Watermen’s Association designated by the Governor;

(12) 1 representative designated by the President of the University of Maryland Center for Environmental Science;

(13) 1 representative of the Oyster Recovery Partnership designated by the Oyster Recovery Partnership; and

(14) 1 representative of the Maryland Farm Bureau designated by the Maryland Farm Bureau.

(c) (1) The Coordinating Council shall:

(i) Formulate and make proposals to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee on or before September 1 each year for advancing Maryland aquaculture, including recommendations for a fee structure on aquaculture operations in order to reduce State expenditures on aquaculture programs;

(ii) Establish and monitor a grant program for the implementation of appropriate projects that support the economic health of the State aquaculture industry;

(iii) Conduct applied studies of projects and products that will expand the aquaculture industry in the State;

(iv) Conduct market tests to determine acceptability and potential demand for new aquaculture products;

(v) As appropriate, implement pilot projects and small commercial demonstrations to resolve any outstanding quality or production issues and to educate industry representatives, regulators, and other partners;

(vi) Support the aquaculture industry in its efforts to implement innovative procedures and to comply with associated regulations;

(vii) Enhance the awareness of innovative aquaculture products and programs among commercial buyers and the general public;

(viii) On or before December 31, 2006, develop best management practices that:

1. Provide guidance for freshwater and marine aquaculture permitting and compliance; and

2. Serve as the basis for the adoption of State regulations regarding tidal and nontidal aquaculture;

(ix) Investigate and, to the extent feasible, enhance the area of State waters that is available to private lease for purposes related to the aquaculture and seafood industries;

(x) Provide for the establishment of Aquaculture Enterprise Zones in the Chesapeake and coastal bays, so as to:

1. Streamline the permitting process in these zones;

2. Provide incentives for private investment in leasing operations; and

3. Encourage individuals with historical records in the commercial fishery to adapt their expertise to the raising and harvesting of seafood by aquaculture; and

(xi) On a regular basis, review State regulations impacting aquaculture and make recommendations to the Aquaculture Review Board regarding any necessary or advisable regulatory changes.

(2) The Coordinating Council may establish subcommittees to provide technical assistance to the Council, with subcommittee topics and membership as the Council determines to be appropriate.

(d) (1) The term of a member appointed by the Governor is 3 years.

(2) The terms of the members appointed by the Governor serving on July 1, 2006, expire as follows:

(i) 2 members in 2007;

(ii) 2 members in 2008; and

(iii) 2 members in 2009.

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

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

(5) An appointed member may not serve more than 2 consecutive terms.

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

(f) The Coordinating Council may elect from among its members a chairman, vice–chairman, secretary and other officers it deems appropriate.

(g) The Coordinating Council shall determine the time and place of its meetings.

(h) The members of the Coordinating Council may not receive a salary, but shall be reimbursed for reasonable expenses incurred in attending meetings and other Council business, as provided under the Standard State Travel Regulations.
Md. Code, Natural Resources § 4-732 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-732
§4–732.
Status: in_force

The Department may restrict or prohibit by rule or regulation catching fish in areas where striped bass spawn during the spawning season of striped bass.
Md. Code, Natural Resources § 4-11A-16 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-16
§4–11A–16.
Status: in_force

(a) (1) A person, other than the leaseholder, may not willfully and without authority catch oysters on any aquaculture or submerged land lease area, or willfully destroy or transfer oysters on this land in any manner.

(2) The Department shall request the office of the local State’s Attorney or the Attorney General to bring a criminal action under § 7–104 of the Criminal Law Article against a person found to be in violation of this subsection provided that the leased area is designated and marked with buoys and other signage or the person knew or should have known that the harvest of oysters from the area was unlawful.

(3) (i) On conviction of a person for a violation of this subsection, the Department may suspend all existing tidal fish licenses issued to that person for a period not to exceed:

1. 1 year for a first conviction; or

2. 2 years for a second or subsequent conviction.

(ii) Before suspending any license under this section, the Department shall give the licensee written notice of the right to request a hearing.

(iii) A licensee may request a hearing within 15 days from the date that the notice required by this section is mailed.

(iv) The Department shall hold a hearing within 30 days of the date of the request and render a decision within 30 days of the hearing.

(b) A person, other than a leaseholder, may not remove, alter, transfer, or destroy any marker, shellfish, equipment, or structures on any aquaculture or submerged land lease area.

(c) A person, other than an aquaculture or submerged land leaseholder, while he is in default in payment of any rent or fee, may not use for any purpose any submerged land of the State.
Md. Code, Labor and Employment § 4-202 — MD Code / Article gle / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) Under the supervision of the Commissioner, the Mediation Service shall carry out this subtitle.

(b) The Commissioner may assign staff to help the Chief Mediator to carry out this subtitle.
Md. Code, Natural Resources § 4-742 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-742
§4–742.
Status: in_force

(a) (1) If the Department of the Environment determines by appropriate investigation that any area of waters of the State devoted to the production or storage of shellfish is polluted so that shellfish produced or stored in the area are a hazard to public health, it shall restrict the area for the catching or storing of shellfish.

(2) If the Department of the Environment finds it necessary to restrict an area of water for the taking and storing of shellfish because of the proximity of the area to the point of discharge of a sewage treatment plant or a point of overflow of a sewage pumping station, the Department of the Environment may increase or decrease the size of a restricted area in relation to the operational effectiveness of the sewage treatment plant or sewage pumping station.

(3) In determining whether to restrict, or lift any restrictions on, an area for the catching or storing of shellfish, the Department of the Environment shall use the most reliable available tests to:

(i) Determine whether a shellfish production area poses a risk to consumer health; and

(ii) Rule out contaminants that do not pose a risk to consumer health, including bacteria from vegetation.

(b) (1) The action of the Department of the Environment to restrict an area of water becomes effective immediately upon giving formal notice of the action to the Department. Notice also shall be given the appropriate governing body and the committee of oystermen of any county affected by the restriction.

(2) The Natural Resources Police Force shall patrol the area to warn watermen until public notice is given in newspapers of general circulation in each of the counties whose watermen work the restricted area normally. No arrests may be made until the next workday following the day the notice appeared unless the watermen fail to heed a warning of the officers.

(3) (i) If the Department of the Environment closes any area to the catching of shellfish under this section, in addition to the notice required in paragraph (1) of this subsection, the Department of Natural Resources shall mark the area so that the area can be seen from the water.

(ii) The Department of Natural Resources shall adopt rules and regulations to provide for the marking in a plain and visibly obvious fashion of any area that is closed to the catching of shellfish because of pollution. Even in the absence of such marking devices, a person may not catch shellfish in a restricted area as designated by the Department of the Environment if notice has been given to the appropriate governing body and the committee of watermen of any county affected by the restriction.

(c) (1) After establishing a restriction, the Department of the Environment shall test the water in the restricted area or inspect the source of pollution of the water. A copy of the report of analysis of every test and inspection shall be filed promptly with the appropriate governing body of every county affected by the restriction.

(2) Updated charts of the Chesapeake Bay and its tributaries showing all polluted areas shall be filed promptly with the appropriate governing body and oystermen’s committee of every tidewater county. Copies of these charts shall be filed also with the Fisheries Administration and the Natural Resources Police.

(d) Whenever samples of water and shellfish of a restricted area indicate that the shellfish and water again comply with standards for harvesting shellfish, the restrictions promptly shall be lifted.

(e) The Secretary of the Environment may delegate authority to impose restrictions, or remove restrictions no longer required. These actions, however, shall be reported and consented to by the Secretary.

(f) Each violation of this section constitutes a separate offense punishable as provided by the provisions of this title.
Md. Code, Transportation § 4-206 — MD Code / Article gtr / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

Subject to Title 12 of the Real Property Article and Ch. 608, Acts of 1976, the Authority may condemn property for any transportation facilities project authorized to be financed with revenue bonds of prior issues.
Md. Code, Local Government § 4-506 — MD Code / Article glg / Title 4 / Subtitle 5 / Section 4-506
§4–506.
Status: in_force

(a) If a referendum is required under § 4–304 of this title, the referendum shall occur on the same day in each municipality.

(b) Each municipality shall administer and pay for the referendum in proportion to its respective population.

(c) In a referendum, the unified charter is adopted if a majority of votes cast in each municipality is in favor of adoption.
Md. Code, Housing and Community Development § 4-1406 — MD Code / Article ghs / Title 4 / Subtitle 14 / Section 4-1406
§4–1406.
Status: in_force

The Department may adopt regulations to carry out the programs.
Md. Code, Family Law § 4-403 — MD Code / Article gfl / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

(a) The Department of Human Services shall continue to develop and maintain a program to carry out the purposes of this subtitle in each local department.

(b) In implementing the program, the Department of Human Services shall:

(1) adopt, by regulation, guidelines for implementing the program in each local department;

(2) continuously monitor and evaluate the effectiveness of the program; and

(3) to the extent possible, coordinate for families with children the delivery of child care, health, educational, mental health, employment, housing, and crisis services provided by public and private agencies.
Md. Code, Real Property § 4-106 — MD Code / Article grp / Title 4 / Subtitle 1 / Section 4-106
§4–106.
Status: in_force

(a) No mortgage or deed of trust is valid except as between the parties to it, unless there is contained in, endorsed on, or attached to it an oath or affirmation of the mortgagee or the party secured by a deed of trust that the consideration recited in the mortgage or deed of trust is true and bona fide as set forth.

(b) (1) No purchase-money mortgage or deed of trust involving land, any part of which is located in the State, is valid either as between the parties or as to any third party unless the mortgage or deed of trust contains or has endorsed on, or attached to it at a time prior to recordation, the oath or affirmation of the party secured by the mortgage or deed of trust stating that the actual sum of money advanced at the closing transaction by the secured party was paid over and disbursed by the party secured by the mortgage or deed of trust to either the borrower or the person responsible for disbursement of funds in the closing transaction or their respective agent at a time no later than the execution and delivery of the mortgage or deed of trust by the borrower. However, this subsection does not apply where a mortgage or deed of trust is given to a vendor in a transaction in order to secure payment to him of all or part of the purchase price of the property. The affidavit required by this subsection is required for only that part of the loan that is purchase money and, if the requirements of this subsection are not satisfied, the mortgage or deed of trust is invalid only to the extent of the part of the loan that is purchase money.

(2) The lender may deliver net proceeds, deducting charges, interests, expenses, or advance escrow and charges due from the borrower, if the following conditions are met:

(i) The charges, interests, expenses, and other deductions listed above have been agreed upon in advance, in writing; and

(ii) The lender provides a schedule of the deductions along with the net proceeds delivered.

(c) Any affidavit required by this section may be made by one of the several mortgagees or parties secured by the deed of trust and has the same effect as if made by all. The affidavit may be made by any trustee named in the deed of trust, by an agent of the trustee, or by an agent of a mortgagee or of a party secured by the deed of trust.

(d) If the affidavit is made by an agent, he shall make affidavit to be contained in, endorsed on, or attached to the mortgage or deed of trust, that he is the agent of the mortgagee or party secured by the deed of trust, or any one of them, or of the trustee. This affidavit is sufficient proof of agency. The president, other officer of a corporation, or the personal representative of the mortgagee or party secured by the deed of trust also may make the affidavits.

(e) This section does not apply to any mortgage or deed of trust where the loan secured is one in which it is lawful to charge any rate of interest under § 12-103(e) of the Commercial Law Article.
Md. Code, Health - General § 4-212 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-212
§4–212.
Status: in_force

(a) This section does not apply to a fetal death.

(b) (1) A certificate of death regardless of age of decedent shall be filled out and signed by:

(i) The medical examiner, if the medical examiner takes charge of the body; or

(ii) If the medical examiner does not take charge of the body, the physician, physician assistant, or nurse practitioner who last attended the deceased.

(2) The medical examiner, physician, physician assistant, or nurse practitioner shall fill in only the following information on the certificate of death:

(i) The name of the deceased;

(ii) The cause of death and medical certification;

(iii) The date and hour of death; and

(iv) The place where death occurred.

(3) Any other information that is required on the certificate of death regardless of age of decedent shall be filled in:

(i) By the person who has charge of the body; or

(ii) If the State Anatomy Board has charge of the body, by the person who last had charge of the body before it was sent to the State Anatomy Board.

(4) The medical certification shall be completed within 24 hours after receipt of the death certificate by the physician, physician assistant, or nurse practitioner in charge of the patient’s care for the illness or condition which resulted in death, except when inquiry is required by the medical examiner.

(5) In the absence or inability of the attending physician, physician assistant, or nurse practitioner or with the attending physician’s, physician assistant’s, or nurse practitioner’s approval, the certificate may be completed by:

(i) The attending physician’s associate;

(ii) The chief medical officer or designee of the institution in which death occurred;

(iii) The physician who performed an autopsy upon the decedent, provided the individual has access to the medical history of the case and death is due to natural causes; or

(iv) A physician designated by the State Anatomy Board, only if within 72 hours after the State Anatomy Board takes charge of the body, the State Anatomy Board has failed after a good faith effort to make contact with any of the individuals described in items (i), (ii), or (iii) of this paragraph or paragraph (4) of this subsection.

(6) The person completing the cause of death and medical certification shall attest to the accuracy by signature or by an approved electronic process.

(7) The funeral director or person acting as the funeral director shall in all cases obtain the medical certification from the person responsible for its completion or obtain assurance that the medical certification has been provided to the Secretary by an approved electronic process.

(c) Each individual concerned with carrying out this subtitle promptly shall notify the medical examiner if:

(1) The deceased was not under treatment by a physician, physician assistant, or nurse practitioner during the terminal illness;

(2) The cause of death is unknown; or

(3) The individual considers any of the following conditions to be the cause of death or to have contributed to the death:

(i) An accident, including a fall with a fracture or other injury;

(ii) Homicide;

(iii) Suicide;

(iv) Other external manner of death;

(v) Alcoholism; or

(vi) Criminal or suspected criminal abortion.

(d) (1) (i) If, within 24 hours after taking charge of a body, the medical examiner has not determined the cause of death, the medical examiner shall enter “investigation pending” in the cause of death section of the death certificate.

(ii) As soon as the medical examiner determines the cause of death, the medical examiner shall send to the Secretary a report of the cause of death, for entry on the certificate.

(2) (i) A physician who completes a death certificate under subsection (b)(5)(iv) of this section shall enter “unspecified natural causes” in the cause of death section of the death certificate.

(ii) The State Anatomy Board shall send to the Secretary a report of the cause of death for entry on a death certificate completed under subsection (b)(5)(iv) of this section if the State Anatomy Board receives information about the cause of death from an individual described in subsection (b)(4) or (5)(i), (ii), or (iii) of this section.

(e) (1) A physician, physician assistant, or nurse practitioner who fills out a certificate of death shall give it or transmit it by approved electronic media, including facsimile, to the mortician within 24 hours after the death occurred.

(2) A medical examiner who fills out a certificate of death shall give it or transmit it by approved electronic media, including facsimile, to the mortician within 24 hours after the medical examiner took charge of the body.

(f) (1) If a death occurs on a common carrier in the United States and the body is removed from the carrier in this State, the death shall be registered in this State, and the place where it is first removed shall be considered the place of death. When a death occurs on a common carrier while in international waters or air space or in a foreign country or its air space and the body is first removed from the carrier in this State, the death shall be registered in this State, but the certificate shall show the actual place of death insofar as can be determined.

(2) The individual in charge or the owner of the common carrier or a designee shall file a certificate of death within 24 hours after the body is removed from the carrier.

(3) If the death occurred under any of the conditions or circumstances set forth in subsection (c) of this section, the medical examiner shall be notified.

(g) A mortician who obtains a certificate of death under this section shall file the certificate within 72 hours after the death.

(h) (1) Except as authorized under this subtitle, an individual who has a duty to fill out and sign a certificate of death may not execute more than one certificate for a death.

(2) The attending physician, the physician assistant, the nurse practitioner, or a medical examiner who takes charge of a body may file a replacement death certificate if a correction that the physician, the physician assistant, the nurse practitioner, or medical examiner authorizes cannot be entered legibly on the original certificate.
Md. Code, Labor and Employment § 4-215 — MD Code / Article gle / Title 4 / Subtitle 2 / Section 4-215
§4–215.
Status: in_force

(a) Within 10 days after the Mediation Service issues a report on a challenged ballot or objection under § 4-214 of this subtitle, a party to the consent election may make an exception to the report.

(b) Each party who makes an exception shall:

(1) submit to the Mediation Service:

(i) 4 copies of the exception; and

(ii) proof of service under item (2) of this subsection; and

(2) serve immediately a copy of the exception on each other party.
Md. Code, Housing and Community Development § 4-211 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-211
§4–211.
Status: in_force

(a) The Administration shall:

(1) assist the Governor in coordinating the activities of governmental units of the State that affect the solution of community development problems and the implementation of community plans;

(2) encourage and assist political subdivisions to develop mutual and cooperative solutions to their common problems;

(3) serve as a clearinghouse for information and other materials that may be pertinent to sound community development, including information on available federal, State, and private financial and technical assistance;

(4) carry out continuing studies and analyses of sound community development in cooperation with the Department of Planning;

(5) make recommendations, in cooperation with the Department of Planning, for administrative or legislative action, paying particular attention to the problems of metropolitan, suburban, and other areas;

(6) implement model or demonstration programs and projects, contract to administer functions or services in a political subdivision, or otherwise provide a program of practical research in community development;

(7) promote community development by giving to political subdivisions, local development agencies, local development entities, or nonprofit organizations:

(i) technical assistance and advisory, consultative, training, and educational services; and

(ii) grants and loans to pay for:

1. the services and technical assistance; and

2. any development costs;

(8) (i) contract for and accept from the federal government a grant, contribution, or loan of money, property, or other aid in any form for community development; and

(ii) do all things necessary to qualify for the grant, contribution, or loan, including those things necessary to qualify for assistance as a local public agency or public housing agency under a federal housing or renewal program;

(9) contract for and accept from any governmental unit of the State or other source a gift, grant, contribution, or loan of money, property, or other aid in any form for community development and comply with the terms and conditions of the gift, grant, contribution, or loan;

(10) attach to a sale or lease of property or to a loan or grant the terms and conditions that the Director determines and the Secretary approves;

(11) enter into agreements to make annual payments instead of assessments, charges, or property taxes to a political subdivision in respect to real property that the Administration owns; and

(12) provide money to programs eligible to receive funding from the Neighborhood Business Development Fund under § 6–310 of this article.

(b) To implement community development projects and public purpose projects in accordance with Part V of this subtitle, and subject to §§ 4–213(b) and 4–214 of this subtitle, the Administration may:

(1) (i) acquire, own, and hold land that is open, mainly open, or undeveloped, or any interest in the land;

(ii) install access and interior streets and roads and sewer and water lines in or to the land and otherwise improve the land; or

(iii) transfer, lease, mortgage, or otherwise dispose of or encumber the land;

(2) (i) acquire, own, and hold land that is not open, mainly open, or undeveloped, as well as personal or mixed property;

(ii) manage and operate the property;

(iii) clear, improve, construct, or rehabilitate the property;

(iv) transfer, lease, mortgage, or otherwise dispose of or encumber the property; or

(v) take assignments of rentals or leases for the property;

(3) arrange or contract with a political subdivision or private party in connection with a community development project or public purpose project for:

(i) planning, replanning, zoning, or rezoning;

(ii) opening, grading, or closing streets, roads, alleys, or other places;

(iii) furnishing facilities;

(iv) acquiring property or property rights by the political subdivision; or

(v) furnishing property or services; and

(4) spend Administration money for an undertaking that the Secretary approves.

(c) The Administration shall develop and implement a weatherization program to provide money for insulation materials and insulation costs to households that qualify based on income and the program eligibility guidelines that the Secretary establishes.

(d) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Covered building” has the meaning stated in § 2–1601 of the Environment Article.

(iii) “Energy conservation project” means a project that qualifies under § 4–218 of this subtitle.

(2) For the purpose of reducing direct greenhouse gas emissions from multifamily residential buildings in accordance with the standards adopted under § 2–1602 of the Environment Article, the Administration shall develop and implement a program to provide grants and loans for energy conservation projects and projects to install renewable energy generating systems in covered buildings that house primarily low– to moderate–income households.

(3) Grants and loans provided under this subsection may not be used for a project to install new equipment that uses fossil fuels or improve the efficiency of existing equipment that uses fossil fuels.

(4) In each of fiscal years 2024 through 2026, the Governor shall include in the annual budget bill an appropriation of $5,000,000 to the Department for the purpose of providing grants and loans under this subsection.

(5) On or before December 1, 2023, and each December 1 thereafter, the Administration shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the projects funded under this subsection.
Md. Code, Corporations and Associations § 4A-607 — MD Code / Article gca / Title 4A / Subtitle 6 / Section 4A-607
§4A–607.
Status: in_force

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

(2) “Creditor” means a person for whom a court may issue an attachment under Title 3, Subtitle 3 of the Courts Article.

(3) “Debtor” means a person whose property or credits are subject to attachment under Title 3, Subtitle 3 of the Courts Article.

(b) (1) On application by a creditor of a debtor holding an economic interest in a limited liability company, a court having jurisdiction may charge the economic interest of the debtor in the limited liability company for the unsatisfied amount of the debt.

(2) The court may appoint a receiver for the distributions due or to become due to the debtor with respect to the limited liability company and make all other orders, directions, accounts, and inquiries that the debtor would have been entitled to make or that the circumstances of the case may require.

(c) (1) A charging order constitutes a lien on the economic interest of the debtor in the limited liability company and requires the limited liability company to pay over to the creditor only any distributions that would otherwise be payable to the debtor whose economic interest is charged.

(2) Subject to paragraph (3) of this subsection, the noneconomic interest of a debtor whose economic interest is subject to a charging order is unaffected and is retained by the debtor.

(3) (i) Unless otherwise agreed, on a showing that the distributions under a charging order will not pay the amount owed to the creditor within a reasonable time, the court may order foreclosure of the economic interest subject to the charging order and order the sale of the economic interest of the debtor.

(ii) The purchaser of the economic interest of the debtor at the foreclosure sale is an assignee as provided in §§ 4A–603 and 4A–604 of this subtitle.

(d) Before a foreclosure under this section, an economic interest charged may be redeemed with property:

(1) Other than property of the limited liability company, by the debtor;

(2) Other than property of the limited liability company, by one or more of the members other than the debtor; or

(3) Of the limited liability company, with the consent of the members as provided in the operating agreement or, if the operating agreement does not so provide, with the consent of all of the members whose economic interests are not so charged.

(e) This title does not deprive a debtor of a right under exemption laws with respect to the economic interest of the debtor in the limited liability company.

(f) This section provides the exclusive remedy by which a creditor of a member may attach the membership interest of the member or otherwise satisfy the outstanding debt of the member out of the membership interest of the member.
Md. Code, State Government § 4-112 — MD Code / Article gsg / Title 4 / Subtitle 1 / Section 4-112
§4–112.
Status: in_force

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

(2) “Aggregated data” means de–identified data that is summarized by type of program of study or educational institution.

(3) “Student information” means:

(i) student Social Security number;

(ii) program of study;

(iii) enrollment; and

(iv) name of educational institution.

(4) “Tax information” means income tax records, wage information, and other data stored by the Comptroller.

(b) (1) In accordance with the protocol established under § 24–703.2 of the Education Article, the Comptroller shall:

(i) match student information received from the Maryland Longitudinal Data System Center with tax information maintained by the Comptroller; and

(ii) for research purposes, produce aggregated data from the matched information on the average amount of wage or salary earnings from self–employment or other sources of income for individuals within each educational institution or program of study.

(2) The Comptroller may not produce any aggregated data that may be identifiable based on the size or uniqueness of the population under consideration.

(c) The Comptroller shall follow and utilize privacy and security standards developed for the protocol, including:

(1) data retention and disposition policies;

(2) authorized access and authentication for authorized access policies;

(3) privacy compliance standards; and

(4) breach notification and procedures.

(d) The Comptroller shall comply with any data privacy and security standards in accordance with the federal Family Educational Rights and Privacy Act and other relevant privacy laws and policies.
Md. Code, Corporations and Associations § 4A-12A-09 — MD Code / Article gca / Title 4A / Subtitle 12A / Section 4A-12A-09
§4A–12A–09.
Status: reserved

§4A–12A–09. NOT IN EFFECT

** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

(a) The cooperative agreement of a limited worker cooperative association shall include:

(1) A statement of the capital structure of the association;

(2) The classes or other types of membership interests and relative rights, preferences, and restrictions granted to or imposed on each class or other type of membership interest, including:

(i) A statement concerning:

1. The manner in which profits and losses are allocated and distributions are made among members; and

2. If investor members are authorized, the manner in which profits and losses are allocated and distributions are made among investor members; and

(ii) A statement designating voting and other governance rights of each class or other type of membership interest, including which members have voting power and any restrictions on voting power;

(3) A statement of the method of admission of members;

(4) A statement that a membership interest is transferable, if it is to be transferable, and a statement of the conditions under which it may be transferred;

(5) A statement concerning whether and how persons that are not members but conduct business with the association may be allowed to share in allocations of profits and losses and receive distributions;

(6) A statement of the number and terms of representatives or the method by which the number and terms are determined;

(7) A statement addressing members’ contributions; and

(8) A statement on whether the limited worker cooperative association will elect to be taxed as a partnership or a corporation for federal and State income tax purposes that includes an explanation of the tax implications of the election for the worker members.

(b) The cooperative agreement of a limited worker cooperative association may contain any provision for managing and regulating the affairs of the association not inconsistent with its articles of organization or this title.

(c) A person that becomes a member of a limited worker cooperative association is deemed to assent to the cooperative agreement of the association.

(d) The cooperative agreement of a limited worker cooperative association may be entered into before, after, or at the time of filing of articles of organization and may be made effective as of:

(1) The time of formation of the association; or

(2) The time or date provided in the cooperative agreement.
Md. Code, Natural Resources § 4-1008 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1008
§4–1008.
Status: in_force

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

(2) “Introduction” means the intentional or accidental placement in State waters of a nonnative oyster for any purpose other than scientific research that is conducted in accordance with standards developed by the Chesapeake Bay Program under the U.S. Environmental Protection Agency.

(3) “Nonnative” means a species of oyster other than the Crassostrea virginica.

(b) Except for the Department, a person may not introduce a nonnative oyster into State waters unless the person has a permit issued by the Department.

(c) (1) The Department may not introduce a nonnative oyster into State waters or issue a permit to another person for an introduction unless:

(i) The recommendations set forth in the 2004 report, “Nonnative Oysters in the Chesapeake Bay”, produced by the Committee on Nonnative Oysters in the Chesapeake Bay, Ocean Studies Board, Division on Earth and Life Studies of the National Research Council, have been met to the extent feasible for the State of Maryland;

(ii) The specific research recommendations set forth in “Identifying and Prioritizing Research Required to Evaluate Ecological Risks and Benefits of Introducing Diploid Crassostrea Ariakensis to Restore Oysters to the Chesapeake Bay” (STAC Publication 04–002), have been fully met;

(iii) A draft environmental impact statement conducted in accordance with the recommendations specified in items (i) and (ii) of this paragraph has been completed; and

(iv) An independent oyster advisory panel of scientific experts appointed by the Secretary has:

1. Reviewed and approved the sufficiency of the data and assessments used to identify the ecological and economic risks and benefits of introducing a nonnative oyster into State waters and the degree of risk associated with implementing each oyster restoration alternative identified in the draft environmental impact statement prepared in accordance with item (iii) of this paragraph; and

2. Identified any additional research that the panel recommends to reduce the level of risk and uncertainty.

(2) Before the Department may introduce a nonnative oyster into State waters or issue a permit to another person for an introduction, the Department shall:

(i) Subject to § 2–1257 of the State Government Article, submit a report to the General Assembly demonstrating that the Department has met the requirements of paragraph (1) of this subsection;

(ii) Conduct public hearings regarding the Department’s decision to introduce or to issue a permit to introduce a nonnative oyster into State waters;

(iii) For at least 30 days following the last public hearing conducted under item (ii) of this paragraph, receive written public comments on the Department’s decision to introduce or to issue a permit to introduce; and

(iv) 1. Issue and publish a final decision, including a full scientific rationale for the final decision, a summary of oral and written comments received under items (ii) and (iii) of this paragraph, and the Department’s response to these comments, in the Maryland Register; and

2. Publish the final decision, including all accompanying documentation under item 1 of this item, on the Department’s website.

(3) Introduction of a nonnative oyster may not occur until at least 60 days after issuance of a final decision under paragraph (2)(iv) of this subsection.

(d) In addition to any other penalty provided under law, a person who violates subsection (b) of this section is:

(1) Guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $25,000 or both, with costs imposed in the discretion of the court; and

(2) Liable for the imposition of a civil penalty up to $25,000 and, in the discretion of the court, the actual costs associated with remediation of the introduction.
Md. Code, Agriculture § 4-116 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-116
§4–116.
Status: in_force

Any carcass, part of it, meat, or meat food product which is prepared, wholly or partially, in any official establishment, without supervision of an inspector as required by the Secretary, shall be handled or disposed of as the rules and regulations prescribe.
Md. Code, Natural Resources § 4-11A-08 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-08
§4–11A–08.
Status: in_force

(a) This section applies to a water column lease in the waters of the State.

(b) The Department may issue to a person a water column lease in waters of the State after the Department of the Environment classifies the waters as:

(1) Approved, conditionally approved, or restricted for harvest; or

(2) Prohibited, provided that the lease is used exclusively for the planting and gathering of seed for aquaculture and the leaseholder complies with the requirements of the National Shellfish Sanitation Program as implemented by the Department.

(c) (1) A water column lease may not be located:

(i) Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of initial application for the lease;

(ii) Within 150 feet of the public shellfish fishery or a registered pound net site;

(iii) Within 150 feet of an oyster reserve or any Yates Bar located in an oyster sanctuary;

(iv) Except as provided in paragraph (3) of this subsection, within 150 feet of a federal navigational channel;

(v) Subject to paragraph (2) of this subsection, in any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide;

(vi) In an SAV Protection Zone; or

(vii) In a setback or buffer from the Assateague Island National Seashore established by the Department.

(2) The provisions of paragraph (1)(v) of this subsection do not apply to the riparian owner or a lawful occupant of the riparian property.

(3) A water column lease of a riparian owner or a lawful occupant of the riparian property may be located in Herring Creek in St. Mary’s County.

(d) A person with a water column lease in the waters of the State may cultivate shellfish:

(1) Subject to approval by the United States Army Corps of Engineers, on or under the surface of the water in a floating structure; or

(2) In any other manner authorized by the Department.
Md. Code, Education § 4-121 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-121
§4–121.
Status: in_force

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

(2) “Local current expense per student” means all expenditures made by a county from county appropriations, except State, federal, and other aid, for public elementary and secondary education in the past fiscal year, divided by full–time equivalent enrollment, as defined in § 5–202(a) of this article.

(3) “Receiving county” means a county that receives the children of an adjoining, sending county into its public schools.

(4) “Sending county” means a county that sends children who reside within its borders to a public school in an adjoining, receiving county.

(b) A school that is in one county and near the boundary of an adjoining county is free to the children of the adjoining county as provided in this section.

(c) (1) The county boards of the two counties may:

(i) Provide jointly for the maintenance and support of the jointly attended school in the receiving county; and

(ii) Determine the geographical attendance areas and other attendance policies of the two counties for all jointly attended schools in the receiving county.

(2) If the two county boards fail to agree on a geographical attendance area or attendance policy, the State Superintendent shall decide the matter.

(3) The following provisions apply in Somerset and Worcester counties:

(i) A student who resides in Somerset County and is presently attending school in Worcester County may continue to attend school in Worcester County until graduation from high school.

(ii) After all of the students described in item (i) of this paragraph have graduated, the exception described in this paragraph will end and all new students will attend school in Somerset County, unless otherwise authorized as provided in paragraph (1) of this subsection.

(d) (1) For each fiscal year, the sending county shall pay the receiving county, for each student who resides in the sending county and who attends a public school in the receiving county, an amount equal to the lesser of:

(i) The local current expense per student in the sending county; or

(ii) The local current expense per student in the receiving county.

(2) If the local current expense per student for the sending county is less than the local current expense per student for the receiving county, the difference, plus the appropriate State share of the foundation program, for each student who resides in a sending county who attends a public school in the receiving county, shall be:

(i) Paid by the State to the receiving county; and

(ii) Provided for in the appropriation to the State Board.
Md. Code, Health - General § 4-302.1 — MD Code / Article ghg / Title 4 / Subtitle 3 / Section 4-302.1
§4–302.
Status: in_force

§4–302.1.

(a) Payors that accept claims originating in this State from medical care electronic claims clearinghouses shall accept claims only from medical care electronic claims clearinghouses that are:

(1) Accredited by the Electronic Healthcare Network Accreditation Commission; or

(2) Certified by the Maryland Health Care Commission.

(b) The Maryland Health Care Commission shall adopt regulations to carry out this section.
Md. Code, Environment § 4-307 — MD Code / Article gen / Title 4 / Subtitle 3 / Section 4-307
§4–307.
Status: in_force

A person may not discharge raw sewage or any other waste into the Patuxent River, the Severn River, or any of their tributaries. For the purpose of this subtitle, oyster and clam shells, and materials used in the culture of marine life are not considered waste. Also a discharge from a sewage treatment plant operating pursuant to the provisions of § 4–303 of this subtitle is not considered waste for the purposes of this section.
Md. Code, Housing and Community Development § 4-2912 — MD Code / Article ghs / Title 4 / Subtitle 29 / Section 4-2912
§4–2912.
Status: in_force

The Department shall ensure that subsidy standards for unit selection comply with federal guidelines under the Housing Choice Voucher Program, including the mandate to provide for the smallest number of bedrooms needed to house a family without overcrowding.
Md. Code, General Provisions § 4-401 — MD Code / Article ggp / Title 4 / Subtitle 4 / Section 4-401
§4–401.
Status: in_force

(a) A person, including an officer or employee of a governmental unit, is liable to an individual for actual damages that the court considers appropriate if the court finds by clear and convincing evidence that:

(1) (i) the person willfully and knowingly allows inspection or use of a public record in violation of this subtitle; and

(ii) the public record names or, with reasonable certainty, otherwise identifies the individual by an identifying factor such as:

1. an address;

2. a description;

3. a fingerprint or voice print;

4. a number; or

5. a picture; or

(2) the person willfully and knowingly obtains, discloses, or uses personal information in violation of § 4–320 of this title.

(b) If the court determines that the complainant has substantially prevailed, the court may assess against a defendant reasonable counsel fees and other litigation costs that the complainant reasonably incurred.
Md. Code, Courts and Judicial Proceedings § 4-401 — MD Code / Article gcj / Title 4 / Subtitle 4 / Section 4-401
§4–401.
Status: in_force

§4–401. IN EFFECT

Except as provided in § 4–402 of this subtitle, and subject to the venue provisions of Title 6 of this article, the District Court has exclusive original civil jurisdiction in:

(1) An action in contract or tort, if the debt or damages claimed do not exceed $30,000, exclusive of prejudgment or postjudgment interest, costs, and attorney’s fees if attorney’s fees are recoverable by law or contract;

(2) An action of replevin, regardless of the value of the thing in controversy;

(3) A matter of attachment before judgment, if the sum claimed does not exceed $30,000, exclusive of prejudgment or postjudgment interest, costs, and attorney’s fees if attorney’s fees are recoverable by law or contract;

(4) An action involving landlord and tenant, distraint, or wrongful detainer, regardless of the amount involved;

(5) A grantee suit brought under § 14–109 of the Real Property Article;

(6) A petition for injunction relating to the use, disposition, encumbrances, or preservation of property that is:

(i) Claimed in a replevin action, until seizure under the writ; or

(ii) Sought to be levied upon in an action of distress, until levy and any removal;

(7) A petition of injunction filed by:

(i) A tenant in an action under § 8–211 of the Real Property Article or a local rent escrow law; or

(ii) A person who brings an action under § 14–120, § 14–125.1, or § 14–125.2 of the Real Property Article;

(8) A petition filed by a county or municipality, including Baltimore City, for enforcement of local health, housing, fire, building, electric, licenses and permits, plumbing, animal control, consumer protection, and zoning codes for which equitable relief is provided;

(9) Proceedings under Title 12 or Title 13 of the Criminal Procedure Article for the forfeiture or return of money involved in a gambling or controlled dangerous substances seizure where the amount involved, excluding any interest and attorney’s fees, if attorney’s fees are recoverable by law or contract, does not exceed $20,000;

(10) A proceeding for adjudication of:

(i) A municipal infraction as described in § 6–102 of the Local Government Article;

(ii) A Commission infraction as defined in § 17–208 of the Land Use Article;

(iii) A Washington Suburban Sanitary Commission infraction under § 29–102 of the Public Utilities Article, concerning rules and regulations governing publicly owned watershed property;

(iv) A Washington Suburban Sanitary Commission infraction under § 29–101 of the Public Utilities Article, concerning Washington Suburban Sanitary Commission regulations governing:

1. Erosion and sediment control for utility construction;

2. Plumbing, gas fitting, and sewer cleaning;

3. Required permits for utility construction; and

4. The Washington Suburban Sanitary Commission Pretreatment Program;

(v) A zoning violation for which a civil penalty has been provided in accordance with Title 11, Subtitle 2 or § 20–526(c) of the Land Use Article;

(vi) A citation for a Code violation issued under § 10–119 of the Criminal Law Article;

(vii) A civil infraction relating to a violation of the campaign finance laws under § 13–604 of the Election Law Article;

(viii) A violation of an ordinance or regulation enacted by a county without home rule, under authority granted under the Local Government Article, or any provision of the Code of Public Local Laws for that county, for which a civil penalty is provided;

(ix) A civil infraction that is authorized by law to be prosecuted by a sanitary commission;

(x) A violation under Title 10, Subtitle 1, Part III of the Criminal Law Article; or

(xi) A civil infraction relating to the storage or distribution of tobacco products under Title 1, Subtitle 12 of the Local Government Article;

(11) A proceeding for adjudication of a civil penalty for any violation under § 5–1001 of the Environment Article, § 15–113, § 15–113.1, § 21–1122, or § 21–1414 of the Transportation Article, or § 14–304 of the Public Safety Article, or any rule or regulation issued pursuant to those sections;

(12) A proceeding to enforce a civil penalty assessed by the Maryland Division of Labor and Industry under Title 5 of the Labor and Employment Article where the amount involved does not exceed $20,000;

(13) A proceeding for a civil infraction under § 21–202.1, § 21–704.1, § 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the Transportation Article or § 10–112 of the Criminal Law Article;

(14) A proceeding for a temporary peace order or a final peace order under Title 3, Subtitle 15 of this article;

(15) A proceeding for condemnation and immediate possession of and title to abandoned, blighted, distressed, and deteriorated property under authority granted in the Code of Public Local Laws of a county, including Baltimore City, where the estimated value of the property does not exceed $25,000;

(16) A proceeding for a replacement motor vehicle under § 14–1502(c)(1)(i) of the Commercial Law Article;

(17) An action for damages for a dishonored check or other instrument under Title 15, Subtitle 8 of the Commercial Law Article, regardless of the amount in controversy; and

(18) A civil action for an injunction or for a civil penalty for a violation of § 8–605(f) of the Transportation Article.

§4–401. // EFFECTIVE JUNE 30, 2028 PER CHAPTER 712 OF 2025 //

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 678 OF 2024 //

Except as provided in § 4–402 of this subtitle, and subject to the venue provisions of Title 6 of this article, the District Court has exclusive original civil jurisdiction in:

(1) An action in contract or tort, if the debt or damages claimed do not exceed $30,000, exclusive of prejudgment or postjudgment interest, costs, and attorney’s fees if attorney’s fees are recoverable by law or contract;

(2) An action of replevin, regardless of the value of the thing in controversy;

(3) A matter of attachment before judgment, if the sum claimed does not exceed $30,000, exclusive of prejudgment or postjudgment interest, costs, and attorney’s fees if attorney’s fees are recoverable by law or contract;

(4) An action involving landlord and tenant, distraint, or wrongful detainer, regardless of the amount involved;

(5) A grantee suit brought under § 14–109 of the Real Property Article;

(6) A petition for injunction relating to the use, disposition, encumbrances, or preservation of property that is:

(i) Claimed in a replevin action, until seizure under the writ; or

(ii) Sought to be levied upon in an action of distress, until levy and any removal;

(7) A petition of injunction filed by:

(i) A tenant in an action under § 8–211 of the Real Property Article or a local rent escrow law; or

(ii) A person who brings an action under § 14–120, § 14–125.1, or § 14–125.2 of the Real Property Article;

(8) A petition filed by a county or municipality, including Baltimore City, for enforcement of local health, housing, fire, building, electric, licenses and permits, plumbing, animal control, consumer protection, and zoning codes for which equitable relief is provided;

(9) Proceedings under Title 12 or Title 13 of the Criminal Procedure Article for the forfeiture or return of money involved in a gambling or controlled dangerous substances seizure where the amount involved, excluding any interest and attorney’s fees, if attorney’s fees are recoverable by law or contract, does not exceed $20,000;

(10) A proceeding for adjudication of:

(i) A municipal infraction as described in § 6–102 of the Local Government Article;

(ii) A Commission infraction as defined in § 17–208 of the Land Use Article;

(iii) A Washington Suburban Sanitary Commission infraction under § 29–102 of the Public Utilities Article, concerning rules and regulations governing publicly owned watershed property;

(iv) A Washington Suburban Sanitary Commission infraction under § 29–101 of the Public Utilities Article, concerning Washington Suburban Sanitary Commission regulations governing:

1. Erosion and sediment control for utility construction;

2. Plumbing, gas fitting, and sewer cleaning;

3. Required permits for utility construction; and

4. The Washington Suburban Sanitary Commission Pretreatment Program;

(v) A zoning violation for which a civil penalty has been provided in accordance with Title 11, Subtitle 2 or § 20–526(c) of the Land Use Article;

(vi) A citation for a Code violation issued under § 10–119 of the Criminal Law Article;

(vii) A civil infraction relating to a violation of the campaign finance laws under § 13–604 of the Election Law Article;

(viii) A violation of an ordinance or regulation enacted by a county without home rule, under authority granted under the Local Government Article, or any provision of the Code of Public Local Laws for that county, for which a civil penalty is provided;

(ix) A civil infraction that is authorized by law to be prosecuted by a sanitary commission;

(x) A violation under Title 10, Subtitle 1, Part III of the Criminal Law Article; or

(xi) A civil infraction relating to the storage or distribution of tobacco products under Title 1, Subtitle 12 of the Local Government Article;

(11) A proceeding for adjudication of a civil penalty for any violation under § 5–1001 of the Environment Article, § 15–113, § 15–113.1, § 21–1122, or § 21–1414 of the Transportation Article, or § 14–304 of the Public Safety Article, or any rule or regulation issued pursuant to those sections;

(12) A proceeding to enforce a civil penalty assessed by the Maryland Division of Labor and Industry under Title 5 of the Labor and Employment Article where the amount involved does not exceed $20,000;

(13) A proceeding for a civil infraction under § 21–202.1, § 21–704.1, § 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, or § 24–111.3 of the Transportation Article or § 10–112 of the Criminal Law Article;

(14) A proceeding for a temporary peace order or a final peace order under Title 3, Subtitle 15 of this article;

(15) A proceeding for condemnation and immediate possession of and title to abandoned, blighted, distressed, and deteriorated property under authority granted in the Code of Public Local Laws of a county, including Baltimore City, where the estimated value of the property does not exceed $25,000;

(16) A proceeding for a replacement motor vehicle under § 14–1502(c)(1)(i) of the Commercial Law Article;

(17) An action for damages for a dishonored check or other instrument under Title 15, Subtitle 8 of the Commercial Law Article, regardless of the amount in controversy; and

(18) A civil action for an injunction or for a civil penalty for a violation of § 8–605(f) of the Transportation Article.

§4–401. // EFFECTIVE JUNE 30, 2029 PER CHAPTER 678 OF 2024 //

Except as provided in § 4–402 of this subtitle, and subject to the venue provisions of Title 6 of this article, the District Court has exclusive original civil jurisdiction in:

(1) An action in contract or tort, if the debt or damages claimed do not exceed $30,000, exclusive of prejudgment or postjudgment interest, costs, and attorney’s fees if attorney’s fees are recoverable by law or contract;

(2) An action of replevin, regardless of the value of the thing in controversy;

(3) A matter of attachment before judgment, if the sum claimed does not exceed $30,000, exclusive of prejudgment or postjudgment interest, costs, and attorney’s fees if attorney’s fees are recoverable by law or contract;

(4) An action involving landlord and tenant, distraint, or wrongful detainer, regardless of the amount involved;

(5) A grantee suit brought under § 14–109 of the Real Property Article;

(6) A petition for injunction relating to the use, disposition, encumbrances, or preservation of property that is:

(i) Claimed in a replevin action, until seizure under the writ; or

(ii) Sought to be levied upon in an action of distress, until levy and any removal;

(7) A petition of injunction filed by:

(i) A tenant in an action under § 8–211 of the Real Property Article or a local rent escrow law; or

(ii) A person who brings an action under § 14–120, § 14–125.1, or § 14–125.2 of the Real Property Article;

(8) A petition filed by a county or municipality, including Baltimore City, for enforcement of local health, housing, fire, building, electric, licenses and permits, plumbing, animal control, consumer protection, and zoning codes for which equitable relief is provided;

(9) Proceedings under Title 12 or Title 13 of the Criminal Procedure Article for the forfeiture or return of money involved in a gambling or controlled dangerous substances seizure where the amount involved, excluding any interest and attorney’s fees, if attorney’s fees are recoverable by law or contract, does not exceed $20,000;

(10) A proceeding for adjudication of:

(i) A municipal infraction as described in § 6–102 of the Local Government Article;

(ii) A Commission infraction as defined in § 17–208 of the Land Use Article;

(iii) A Washington Suburban Sanitary Commission infraction under § 29–102 of the Public Utilities Article, concerning rules and regulations governing publicly owned watershed property;

(iv) A Washington Suburban Sanitary Commission infraction under § 29–101 of the Public Utilities Article, concerning Washington Suburban Sanitary Commission regulations governing:

1. Erosion and sediment control for utility construction;

2. Plumbing, gas fitting, and sewer cleaning;

3. Required permits for utility construction; and

4. The Washington Suburban Sanitary Commission Pretreatment Program;

(v) A zoning violation for which a civil penalty has been provided in accordance with Title 11, Subtitle 2 or § 20–526(c) of the Land Use Article;

(vi) A citation for a Code violation issued under § 10–119 of the Criminal Law Article;

(vii) A civil infraction relating to a violation of the campaign finance laws under § 13–604 of the Election Law Article;

(viii) A violation of an ordinance or regulation enacted by a county without home rule, under authority granted under the Local Government Article, or any provision of the Code of Public Local Laws for that county, for which a civil penalty is provided;

(ix) A civil infraction that is authorized by law to be prosecuted by a sanitary commission;

(x) A violation under Title 10, Subtitle 1, Part III of the Criminal Law Article; or

(xi) A civil infraction relating to the storage or distribution of tobacco products under Title 1, Subtitle 12 of the Local Government Article;

(11) A proceeding for adjudication of a civil penalty for any violation under § 5–1001 of the Environment Article, § 15–113, § 15–113.1, § 21–1122, or § 21–1414 of the Transportation Article, or § 14–304 of the Public Safety Article, or any rule or regulation issued pursuant to those sections;

(12) A proceeding to enforce a civil penalty assessed by the Maryland Division of Labor and Industry under Title 5 of the Labor and Employment Article where the amount involved does not exceed $20,000;

(13) A proceeding for a civil infraction under § 21–202.1, § 21–704.1, § 21–706.1, § 21–809, § 21–810, § 21–1134, or § 24–111.3 of the Transportation Article or § 10–112 of the Criminal Law Article;

(14) A proceeding for a temporary peace order or a final peace order under Title 3, Subtitle 15 of this article;

(15) A proceeding for condemnation and immediate possession of and title to abandoned, blighted, distressed, and deteriorated property under authority granted in the Code of Public Local Laws of a county, including Baltimore City, where the estimated value of the property does not exceed $25,000;

(16) A proceeding for a replacement motor vehicle under § 14–1502(c)(1)(i) of the Commercial Law Article;

(17) An action for damages for a dishonored check or other instrument under Title 15, Subtitle 8 of the Commercial Law Article, regardless of the amount in controversy; and

(18) A civil action for an injunction or for a civil penalty for a violation of § 8–605(f) of the Transportation Article.
Md. Code, Education § 4-306.1 — MD Code / Article ged / Title 4 / Subtitle 3 / Section 4-306.1
§4–306.
Status: in_force

§4–306.1.

(a) In order to provide public school facilities, the board may:

(1) Directly or through the Maryland Stadium Authority acting as its designated agent, acquire, construct, reconstruct, equip, maintain, repair, or renovate facilities at any location in the City of Baltimore, now existing or hereafter acquired and enter into contracts with public or private entities in order to accomplish the acquisition, construction, reconstruction, equipping, maintenance, repair, or renovation;

(2) Issue bonds in accordance with § 4–306.2 of this subtitle;

(3) In accordance with State law and the June 24, 1998, memorandum of understanding between the board and the Mayor and City Council of Baltimore, acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this subtitle;

(4) Enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this subtitle, employ consulting engineers, architects, attorneys, construction and financial experts, and other employees and agents, and determine their compensation;

(5) Receive and accept from the United States of America or any agency of the federal government grants and loans for the purpose of financing or refinancing all or any part of the costs of any project;

(6) Receive and accept aid or contributions from any sources of money, property, labor, or other things of value, to be held, used, and applied for the purposes for which the grants and contributions were made; and

(7) Perform all acts and things necessary to carry out the powers expressly granted by the provisions of this subtitle.

(b) The board shall maintain records identifying the sources and amounts of payments used to support the costs of any project authorized under the provisions of this subtitle.
Md. Code, Criminal Law § 4-204 — MD Code / Article gcr / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: in_force

(a) (1) In this section, “firearm” means:

(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or

(ii) the frame or receiver of such a weapon.

(2) “Firearm” includes an antique firearm, handgun, rifle, shotgun, short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether loaded or unloaded.

(b) A person may not use a firearm in the commission of a crime of violence, as defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is operable or inoperable at the time of the crime.

(c) (1) (i) A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years.

(ii) The court may not impose less than the minimum sentence of 5 years and, except as otherwise provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years.

(2) For each subsequent violation, the sentence shall be consecutive to and not concurrent with any other sentence imposed for the crime of violence or felony.