Md. Code, Alcoholic Beverages and Cannabis § 2-215 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-215
§2–215.
Status: in_force

(a) A holder of a manufacturer’s license may not sell beer to a retail dealer on terms other than for cash on delivery.

(b) A civil action to enforce or collect a claim for credit extended or to enforce a check given in violation of this section may not be maintained in the State.
Md. Code, General Provisions § 2-102 — MD Code / Article ggp / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

No precatory words, including “so help me God”, may be added to an oath not required by the Maryland Constitution.
Md. Code, Health Occupations § 2-310.1 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-310.1
§2–310.
Status: in_force

§2–310.1.

(a) Subject to the provisions of this section, the Board shall issue a limited license to practice hearing aid dispensing to an individual who is waiting to take a licensing examination under this subtitle.

(b) The Board may issue a limited license to practice hearing aid dispensing only to an individual who:

(1) Except for completing the requirements under § 2–302.1(c) of this subtitle, otherwise qualifies for a license;

(2) Submits to the Board an application on the form that the Board provides;

(3) Satisfies the Board that the individual will practice hearing aid dispensing only within the scope allowed under subsection (c) of this section; and

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

(c) While a limited license to practice hearing aid dispensing is in effect, it authorizes the holder to practice hearing aid dispensing only while being trained under the supervision of a licensed hearing aid dispenser or a licensed audiologist.

(d) A limited license to practice hearing aid dispensing expires on the first anniversary of its effective date.

(e) Subject to the provisions of this subsection, the Board may renew once for an additional 1–year term the limited license to practice hearing aid dispensing to an individual who:

(1) (i) Takes but fails to pass the examination; or

(ii) Does not take the examination for a reason that the Board finds adequate to excuse the failure to take the examination;

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

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

(f) The total amount of time during which an individual may practice hearing aid dispensing under a limited license or licenses may not be more than 2 years.

(g) If a limited licensee fails to receive a full license within 2 years after the initial limited license was issued, the individual shall wait a minimum of 1 year before the individual may apply for another license.
Md. Code, Commercial Law § 2A-406 — MD Code / Article gcl / Title 2A / Subtitle 4 / Section 2A-406
§2A–406.
Status: in_force

(1) If the lessee receives notification of a material or indefinite delay or an allocation justified under § 2A-405, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (§ 2A-510):

(a) Terminate the lease contract (§ 2A-505(2)); or

(b) Except in a finance lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.

(2) If, after receipt of a notification from the lessor under § 2A-405, the lessee fails to so modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to any deliveries affected.
Md. Code, Insurance § 2-215 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-215
§2–215.
Status: in_force

(a) An appeal under this subtitle may be taken only from:

(1) an order resulting from a hearing;

(2) a refusal by the Commissioner to grant a hearing; or

(3) a decision issued under § 15–10A–04 of this article.

(b) An appeal under this subtitle may be taken by:

(1) a party to the hearing;

(2) an aggrieved person whose financial interests are directly affected by the order resulting from a hearing or refusal to grant a hearing; or

(3) a party to the decision issued under § 15–10A–04 of this article.

(c) (1) Subject to paragraph (2) of this subsection, an appeal under this subtitle shall be taken:

(i) to the Circuit Court for Baltimore City; or

(ii) if a party to an appeal is an individual, to the circuit court of the county where the individual resides.

(2) If the appeal is from the suspension or revocation of a certificate of authority of a domestic insurer or license of an insurance producer, adviser, or public adjuster, an appeal may be taken to the circuit court of the county where:

(i) the domestic insurer has its principal place of business; or

(ii) the licensee or certificate holder resides.

(d) To take an appeal, a person shall file a petition for judicial review with the appropriate circuit court within 30 days after:

(1) the order resulting from the hearing was served on the persons entitled to receive it;

(2) the order of the Commissioner denying rehearing or reargument was served on the persons entitled to receive it;

(3) the refusal of the Commissioner to grant a hearing; or

(4) the decision issued under § 15–10A–04 of this article was served on the persons entitled to receive it.

(e) (1) An appeal under this subtitle shall be captioned in accordance with the Maryland Rules.

(2) On application to the court, any person may be added as a party, as the court directs, if:

(i) the financial interests of the person are or may be directly affected by the matter on appeal; or

(ii) the person may be aggrieved by the matter on appeal.

(f) When a petition for judicial review is filed with the appropriate court, the court has jurisdiction over the case and shall determine whether the filing operates as a stay of the order or action from which the appeal is taken.

(g) (1) In an appeal of an order resulting from a hearing, after receiving a copy of the petition for judicial review and within the time specified in the Maryland Rules, the Commissioner shall file in the court in which the appeal is pending:

(i) a copy of the order of the Commissioner from which the appeal is taken;

(ii) a complete transcript, certified by the Commissioner, of the record on which the order was issued; and

(iii) all exhibits and documentary evidence introduced at the hearing.

(2) In an appeal of a refusal by the Commissioner to grant a hearing, within the time specified in the Maryland Rules, the Commissioner shall file in the court in which the appeal is pending certified copies of all documents on file with the Commissioner that directly relate to the matter on appeal.

(3) In an appeal of a decision issued under § 15–10A–04 of this article, after receiving a copy of the petition for judicial review and within the time specified in the Maryland Rules, the Commissioner shall file in the court in which the appeal is pending:

(i) a copy of the decision of the Commissioner from which the appeal is taken;

(ii) a copy of the report of the independent review organization or medical expert; and

(iii) all documentary evidence provided to the Commissioner and the independent review organization or medical expert that directly relates to the matter on appeal.

(h) The court to which an appeal is taken may:

(1) affirm the decision of the Commissioner;

(2) remand the case for further proceedings; or

(3) reverse or modify the decision of the Commissioner if substantial rights of the petitioners may have been prejudiced because administrative findings, inferences, conclusions, or decisions:

(i) violate constitutional provisions;

(ii) exceed the statutory authority or jurisdiction of the Commissioner;

(iii) are made by unlawful procedure;

(iv) are affected by other error of law;

(v) are unsupported by competent, material, and substantial evidence in view of the entire record, as submitted; or

(vi) are arbitrary or capricious.

(i) Costs of an appeal shall be awarded as in civil actions.

(j) (1) Any party, including the Commissioner, may appeal from the judgment of the circuit court to the Appellate Court of Maryland as in other civil cases.

(2) The judgment of the circuit court may be stayed only by order of court on the giving of any security that the court considers proper.
Md. Code, Commercial Law § 2-711 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-711
§2–711.
Status: in_force

(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (§ 2-612), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid

(a) “Cover” and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or

(b) Recover damages for nondelivery as provided in this title (§ 2-713).

(2) Where the seller fails to deliver or repudiates the buyer may also

(a) If the goods have been identified recover them as provided in this title (§ 2-502); or

(b) In a proper case obtain specific performance or replevy the goods as provided in this title (§ 2-716).

(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (§ 2-706).
Md. Code, Corporations and Associations § 2-410 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-410
§2–410.
Status: in_force

(a) A director of a corporation who is present at a meeting of its board of directors at which action on any corporate matter is taken is presumed to have assented to the action unless:

(1) The director announces the director’s dissent at the meeting; and

(2) (i) The dissent is entered in the minutes of the meeting;

(ii) The director files the dissent to the action in writing with or by electronic transmission to the secretary of the meeting before the meeting is adjourned; or

(iii) The director forwards the dissent within 24 hours after the meeting is adjourned to the secretary of the meeting or the secretary of the corporation by:

1. Certified mail, return receipt requested, bearing a postmark from the United States Postal Service; or

2. Electronic transmission.

(b) The right to dissent does not apply to a director who:

(1) Voted in favor of the action; or

(2) Failed to make the director’s dissent known at the meeting.
Md. Code, Agriculture § 2-313.1 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-313.1
§2–313.
Status: in_force

§2–313.1.

(a) A veterinary practitioner who has reason to believe that an animal that has been treated by the veterinary practitioner has been subjected to cruelty or fighting in violation of § 10–604, § 10–606, § 10–607, or § 10–608 of the Criminal Law Article shall report the suspected animal cruelty or animal fighting to the appropriate law enforcement agency or county animal control agency in a timely manner.

(b) A veterinary practitioner who makes a report under subsection (a) of this section shall include in the report:

(1) The name, age, and location of the animal;

(2) The name and home address of the owner or custodian of the animal;

(3) The nature and extent of the suspected animal cruelty or animal fighting, including any evidence or information available to the veterinary practitioner concerning possible previous instances of animal cruelty or animal fighting; and

(4) Any other information that would help determine:

(i) The cause of the suspected animal cruelty or animal fighting; and

(ii) The identity of any individual responsible for the suspected animal cruelty or animal fighting.

(c) A veterinary practitioner who reports in good faith suspected animal cruelty or animal fighting or participates in an investigation of suspected animal cruelty or animal fighting is immune from:

(1) Civil liability that results from the report or participation in the investigation; or

(2) Criminal prosecution for the report or participation in the investigation.

(d) The Board shall adopt regulations establishing:

(1) Confidentiality procedures for protecting the identity of the veterinary practitioner making a report under this section;

(2) Confidentiality procedures for protecting the substance of a report made under this section and any records associated with the report; and

(3) Conditions under which the substance of a report may be disclosed.
Md. Code, Election Law § 2-204 — MD Code / Article gel / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(a) Each regular member of a local board shall receive the salary and reimbursement of expenses provided in the county budget, but in no event may the annual compensation be less than the following amounts:

(1) in Allegany County, the amount set by the County Commissioners under Title 28, Subtitle 1 of the Local Government Article;

(2) in Anne Arundel County, $5,000 for the president and $4,500 for other regular members;

(3) in Baltimore City, $11,000 for the president and $10,000 for other regular members;

(4) in Baltimore County, $4,000 for the president and $3,000 for other regular members;

(5) in Calvert County, $3,000 and reimbursement for expenses in the performance of their duties;

(6) in Caroline County, $3,250 for the president, $3,000 for other regular members, and reimbursement for expenses incurred in the performance of election duties in accordance with the Standard State Travel Regulations;

(7) in Carroll County, $3,000;

(8) in Cecil County, $1,250 for the president, $1,000 for other regular members, and reimbursement for actual expenses incurred in the performance of election activities which occur outside the county;

(9) in Charles County, $800;

(10) in Dorchester County, $3,000 and expenses as authorized by the County Commissioners;

(11) in Frederick County, $5,500 for the president and $5,000 for other regular members;

(12) in Garrett County, the amount set by the County Commissioners under Chapter 91 of the Public Local Laws of Garrett County;

(13) in Harford County, $2,000 for the president and $1,700 for other regular members;

(14) in Howard County, $2,800 for the president and $2,000 for other regular members;

(15) in Kent County, $1,500 for the president and $1,500 for other regular members;

(16) in Montgomery County, $5,000 for the president and $4,500 for other regular members;

(17) in Prince George’s County, $5,000 for the president and $4,500 for other regular members;

(18) in Queen Anne’s County, $1,500 for the president and $1,200 for other regular members;

(19) in St. Mary’s County, $3,000;

(20) in Somerset County, $1,000;

(21) in Talbot County, $600;

(22) in Washington County, the amount set by the County Commissioners;

(23) in Wicomico County, $2,400 for the president and $1,800 for other regular members; and

(24) in Worcester County, $1,500 for the president and $1,200 for other regular members.

(b) (1) Consistent with paragraph (2) of this subsection, each substitute member shall be compensated for each day of service as provided in the county budget.

(2) A substitute member shall be compensated at a rate of at least $25 for each meeting of the local board that the substitute member attends.
Md. Code, Public Safety § 2-412 — MD Code / Article gps / Title 2 / Subtitle 4 / Section 2-412
§2–412.
Status: reserved

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

(2) “Emergency” means a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect health, safety, welfare, or property from actual or threatened harm or from an unlawful act.

(3) “Municipal corporation” includes Baltimore City.

(b) (1) Police employees have throughout the State the same powers, privileges, immunities, and defenses as sheriffs, constables, police officers, and other peace officers possessed at common law and may now or in the future exercise within their respective jurisdictions.

(2) A police employee may execute an arrest warrant in any part of the State without further endorsement.

(c) Police employees may not act within the limits of a municipal corporation that maintains a police force except:

(1) when in pursuit of a criminal or suspect;

(2) when in search of a criminal or suspect wanted for a crime committed outside of the limits of the municipal corporation or when interviewing or seeking to interview a witness or supposed witness to the crime;

(3) when a crime is committed in the presence of the police employee, and the arrested party must be immediately transferred to the custody of the local law enforcement agency;

(4) when requested to act by the chief executive officer or chief police officer of the municipal corporation;

(5) when ordered by the Governor to act within the municipal corporation;

(6) when enforcing the motor vehicle laws of the State, except in Baltimore City;

(7) in Baltimore City, only when enforcing Title 23 of the Transportation Article or if acting in accordance with a memorandum of understanding described in § 4–1501 of this article;

(8) in any building or place when ordered by either the President of the Senate or the Speaker of the House of Delegates to guard the safety of legislators or the integrity of the legislative process;

(9) to protect the safety of an elected State official;

(10) in the municipal corporations of Somerset County;

(11) when conducting investigations relating to or otherwise enforcing §§ 3–324, 3–804, 3–805, 3–902, 3–1102, 3–1103, 7–302, 11–207, 11–208, 11–303, 11–304, 11–305, 11–306, and 11–307 of the Criminal Law Article;

(12) (i) 1. when participating in a joint investigation with officials from another State, federal, or local law enforcement agency at least one of which has local jurisdiction;

2. when rendering assistance to a police officer;

3. when acting at the request of a local police officer; or

4. when an emergency exists; and

(ii) when acting in accordance with regulations adopted by the Secretary to implement this item; or

(13) when conducting an investigation under § 9–602.1 of the Correctional Services Article.

(d) A police employee may not be placed on detached service and act for a federal department, agency, or committee outside of the State without the written approval of the Governor or as otherwise provided by law.
Md. Code, Public Safety § 2-305 — MD Code / Article gps / Title 2 / Subtitle 3 / Section 2-305
§2–305.
Status: in_force

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

(2) “Civil child support warrant” means any of the following, when issued for the enforcement of a child support order:

(i) an arrest warrant;

(ii) a bench warrant;

(iii) a body attachment issued by a circuit court; or

(iv) a warrant for failure to appear.

(3) “Civil protective order” means:

(i) a temporary ex parte order issued under § 4-505 of the Family Law Article;

(ii) a protective order issued under § 4-506 of the Family Law Article; or

(iii) an order for protection, as defined in § 4-508.1 of the Family Law Article, issued by a court of another state or a Native American tribe and filed with the District Court or a circuit court under § 4-508.1 of the Family Law Article.

(4) “System” means the Maryland Interagency Law Enforcement System.

(b) The Department shall:

(1) cooperate with local child support enforcement offices and law enforcement agencies to receive, accept, and incorporate civil child support warrants in the System; and

(2) cooperate with the Administrative Office of the Courts, the Chief Clerk of the District Court of Maryland, and the clerks of the circuit courts to receive, accept, and incorporate civil protective orders in the System.

(c) (1) Local child support enforcement offices and appropriate local law enforcement agencies shall be responsible for entry, maintenance, and prompt validation of civil child support warrants in the System in accordance with procedures adopted by the Department.

(2) The clerks of the courts and appropriate local law enforcement agencies shall be responsible for entry, maintenance, and prompt validation of civil protective orders in the System in accordance with procedures adopted by the Department.

(d) A judge or law enforcement agency or officer may access the System to determine the status of:

(1) an outstanding civil child support warrant issued by a court of the State;

(2) an outstanding civil protective order issued by a court of the State; and

(3) an outstanding civil protective order issued by a court of another state or an Indian tribe and filed with the District Court or a circuit court.
Md. Code, Natural Resources § 2-205 — MD Code / Article gnr / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

(a) There is a Maryland Geological Survey Fund in the Department.

(b) The purpose of the Fund is to finance the direct and indirect costs of administering this subtitle, including long–term budgeting and planning for Survey projects, procurements, and equipment purchases.

(c) The Department shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

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

(e) The Fund consists of:

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

(2) Interest earnings; and

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

(f) The Fund may be used only for:

(1) Covering the costs of the operation of the Survey;

(2) Purchasing and maintaining equipment for use by the Department or the Survey;

(3) Funding projects undertaken and overseen by the Survey;

(4) Administering this subtitle; and

(5) Administrative expenses calculated in accordance with § 1–103(b)(2) of this article.

(g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

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

(h) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, State Government § 2-1215 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1215
§2–1215.
Status: in_force

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

(1) provide for the preparation and publication of legislation, session laws, journals of proceedings, indexes, and other documents;

(2) directly supervise support services to the General Assembly that are not assigned to one of the Department’s other offices; and

(3) perform any other function required by the Executive Director, the President and the Speaker, or the Legislative Policy Committee.
Md. Code, Environment § 2-304 — MD Code / Article gen / Title 2 / Subtitle 3 / Section 2-304
§2–304.
Status: in_force

Each State agency shall consult with the Department before adopting any rule or regulation that relates to ambient air quality control.
Md. Code, Public Safety § 2-503 — MD Code / Article gps / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(a) After consulting with the Director, the Secretary shall adopt appropriate regulations:

(1) for protocols and operations of the statewide DNA database system;

(2) to govern the methods used to obtain information from the statewide DNA database system and CODIS, including procedures to verify the identity and authority of the individual or agency that requests the information; and

(3) to govern the procedures used:

(i) to collect, submit, identify, analyze, store, and dispose of DNA samples; and

(ii) to allow access to and dissemination of typing results and personal identification information of DNA samples that are submitted under this subtitle.

(b) Each procedure adopted by the Director shall include quality assurance guidelines to ensure that DNA records meet standards and audit requirements for laboratories that submit DNA records for inclusion in the statewide DNA database system and CODIS.
Md. Code, Commercial Law § 2A-405 — MD Code / Article gcl / Title 2A / Subtitle 4 / Section 2A-405
§2A–405.
Status: in_force

Subject to § 2A-404 on substituted performance, the following rules apply:

(a) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (b) and (c) is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.

(b) If the causes mentioned in paragraph (a) affect only part of the lessor’s or the supplier’s capacity to perform, he or she shall allocate production and deliveries among his or her customers but at his or her option may include regular customers not then under contract for sale or lease as well as his or her own requirements for further manufacture. He or she may so allocate in any manner that is fair and reasonable.

(c) The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under paragraph (b), of the estimated quota thus made available for the lessee.
Md. Code, Commercial Law § 2A-521 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-521
§2A–521.
Status: in_force

(1) Specific performance may be decreed if the goods are unique or in other proper circumstances.

(2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just.

(3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
Md. Code, Alcoholic Beverages and Cannabis § 2-116 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-116
§2–116.
Status: in_force

(a) There is a private bulk sales permit.

(b) The Executive Director may issue the permit to an individual who:

(1) is at least 21 years old;

(2) is a resident of the State;

(3) files with the Executive Director an inventory of all alcoholic beverages to be sold; and

(4) certifies that all alcoholic beverages to be sold:

(i) have been acquired legally and transported into the State in accordance with this article; and

(ii) are owned by the individual at the time of application.

(c) The permit authorizes the holder to sell the permit holder’s private stock of alcoholic beverages to a person in accordance with this section.

(d) A sale under the permit may:

(1) be made by:

(i) the permit holder; or

(ii) an unlicensed agent or auction company acting on behalf of the permit holder;

(2) take place on:

(i) a premises not licensed under this article; or

(ii) a private room of an on–sale retail license holder; and

(3) be made to:

(i) a State resident who is at least 21 years old;

(ii) a retail dealer who holds the proper class of license; or

(iii) a person outside the State, if the person may ship alcoholic beverages purchased under the permit to the person’s home state or state of ultimate destination.

(e) (1) A permit expires 60 days after it is issued.

(2) A person may not be issued more than two permits in a calendar year.

(f) The permit fee:

(1) is $25; and

(2) covers the sale of a specific inventory of alcoholic beverages.

(g) The Executive Director may adopt regulations regarding any activity relating to the permit, including record–keeping and reporting requirements.
Md. Code, State Government § 2-1103 — MD Code / Article gsg / Title 2 / Subtitle 11 / Section 2-1103
§2–1103.
Status: in_force

(a) While the General Assembly is not in session, each standing committee may:

(1) study and prepare recommendations and reports on any matter that is within the usual and customary jurisdiction of the standing committee; and

(2) otherwise exercise the usual and customary powers that the standing committee has when the General Assembly is in session.

(b) If time permits, each standing committee shall send to the Legislative Policy Committee a copy of each proposed bill and joint resolution that the standing committee intends to introduce in the General Assembly.
Md. Code, Business Regulation § 2-106.1 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.1
§2–106.
Status: in_force

§2–106.1.

(a) This section applies to the following occupational and professional licensing boards:

(1) the State Board of Architects established under Title 3 of the Business Occupations and Professions Article;

(2) the State Board of Certified Interior Designers established under Title 8 of the Business Occupations and Professions Article;

(3) the State Board of Examiners of Landscape Architects established under Title 9 of the Business Occupations and Professions Article;

(4) the State Board for Professional Engineers established under Title 14 of the Business Occupations and Professions Article; and

(5) the State Board for Professional Land Surveyors established under Title 15 of the Business Occupations and Professions Article.

(b) There is a State Occupational and Professional Licensing Design Boards’ Fund in the Department, which shall be a continuing, nonlapsing special fund.

(c) (1) Except as otherwise provided by law, each occupational and professional licensing board described in subsection (a) of this section shall pay all fees collected to the Comptroller of the State.

(2) The Comptroller shall distribute the fees to the Fund.

(d) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of each occupational and professional licensing board described in subsection (a) of this section.

(e) The Secretary or a designee of the Secretary shall administer the Fund.

(f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
Md. Code, Health Occupations § 2-3A-01 — MD Code / Article gho / Title 2 / Subtitle 3A / Section 2-3A-01
§2–3A–01.
Status: in_force

The Audiology and Speech–Language Pathology Interstate Compact is enacted into law and entered into with all other states legally joining in it in the form substantially as it appears in this section as follows:

SECTION 1. PURPOSE

The purpose of this Compact is to facilitate interstate practice of audiology and speech–language pathology with the goal of improving public access to audiology and speech–language pathology services. The practice of audiology and speech–language pathology occurs in the state where the patient is located at the time of the patient encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:

(1) Increase public access to audiology and speech–language pathology services by providing for the mutual recognition of other member state licenses;

(2) Enhance the ability of states to protect the public’s health and safety;

(3) Encourage the cooperation of member states in regulating multistate audiology and speech–language pathology practice;

(4) Support spouses of relocating active duty military personnel;

(5) Enhance the exchange of licensure, investigative, and disciplinary information among member states;

(6) Allow a remote state to hold a provider of services with a Compact privilege in that state accountable to the practice standards of that state; and

(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech–language pathology services.

SECTION 2. DEFINITIONS

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

(a) “Active duty military” means full–time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders in accordance with 10 U.S.C. §§ 1209 and 1211.

(b) “Adverse action” means any administrative, civil, equitable, or criminal action authorized by a state’s laws that is imposed by a licensing board or other authority against an audiologist or a speech–language pathologist, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.

(c) “Alternative program” means a nondisciplinary monitoring process approved by an audiology or speech–language pathology licensing board to address impaired practitioners.

(d) “Audiologist” means an individual who is licensed by a state to practice audiology.

(e) “Audiology” means the care and services provided by a licensed audiologist as set forth in the member state’s statutes and rules.

(f) “Audiology and Speech–Language Pathology Compact Commission” or “Commission” means the national administrative body established under Section 8 whose membership consists of all states that have enacted the Compact.

(g) “Audiology or speech–language pathology licensing board”, “audiology licensing board”, “speech–language pathology licensing board”, or “licensing board” means the agency of a state that is responsible for the licensing and regulation of audiologists or speech–language pathologists.

(h) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or a speech–language pathologist in the remote state under its laws and rules. The practice of audiology or speech–language pathology occurs in the member state where the patient is located at the time of the patient encounter.

(i) “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech–language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

(j) “Data system” means a repository of information about licensees established under Section 9, including, but not limited to, continuing education, examination, licensure, investigative, Compact privilege, and adverse action.

(k) “Encumbered license” means a license in which an adverse action restricts the practice of audiology or speech–language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank.

(l) “Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

(m) “Home state” means the member state that is the licensee’s primary state of residence.

(n) “Impaired practitioner” means an individual whose professional practice is adversely affected by substance abuse, addiction, or other health–related conditions.

(o) “Licensee” means an individual who currently holds an authorization from a state licensing board to practice as an audiologist or a speech–language pathologist.

(p) “Member state” means a state that has enacted the Compact.

(q) “Privilege to practice” means a legal authorization authorizing the practice of audiology or speech–language pathology in a remote state.

(r) “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the Compact privilege.

(s) “Rule” means a regulation, principle, or directive adopted by the Commission that has the force of law.

(t) “Single–state license” means an audiology or speech–language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

(u) “Speech–language pathologist” means an individual who is licensed by a state to practice speech–language pathology.

(v) “Speech–language pathology” means the care and services provided by a licensed speech–language pathologist as set forth in the member state’s statutes and rules.

(w) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech–language pathology.

(x) “State practice laws” means the laws, rules, and regulations of a member state that govern the practice of audiology or speech–language pathology, define the scope of audiology or speech–language pathology practice, and create the methods and grounds for imposing discipline.

(y) “Telehealth” means the application of telecommunication, audio–visual, or other information technologies that meets the applicable standard of care to deliver audiology or speech–language pathology services or information at a distance for assessment, intervention, or consultation.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

(a) A license issued to an audiologist or a speech–language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or a speech–language pathologist to practice audiology or speech–language pathology, under a privilege to practice, in each member state where the licensee obtains such a privilege.

(b) (1) A state must implement or use procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric–based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

(2) A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.

(3) Communication between a member state and the Commission, and among member states regarding the verification of eligibility for licensure through the Compact may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92–544.

(c) On application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.

(d) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws.

(e) An audiologist must:

(1) Meet one of the following educational requirements:

(i) On or before December 31, 2007, have graduated with a master’s degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a state licensing board;

(ii) On or after January 1, 2008, have graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a state licensing board; or

(iii) Have graduated from an audiology program that is housed in an institution of higher education outside the United States:

1. For which the program and institution have been approved by the authorized accrediting body in the applicable country; and

2. Whose degree program has been verified by an independent credentials review agency to be comparable to a state licensing board–approved program;

(2) Have completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the Commission;

(3) Have successfully passed a national examination approved by the Commission;

(4) Hold an active, unencumbered license;

(5) Have not been convicted or found guilty of, and have not entered into an agreed disposition regarding, a felony related to the practice of audiology, under applicable state or federal criminal law; and

(6) Have a valid United States Social Security or National Practitioner Identification number.

(f) A speech–language pathologist must:

(1) Meet one of the following educational requirements:

(i) Have graduated with a master’s degree from a speech–language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a licensing board; or

(ii) Have graduated from a speech–language pathology program that is housed in an institution of higher education outside the United States:

1. For which the program and institution have been approved by the authorized accrediting body in the applicable country; and

2. Whose degree program has been verified by an independent credentials review agency to be comparable to a state licensing board–approved program;

(2) Have completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the Commission;

(3) Have completed a supervised postgraduate professional experience as required by the Commission;

(4) Have successfully passed a national examination approved by the Commission;

(5) Hold an active, unencumbered license;

(6) Have not been convicted or found guilty of, and have not entered into an agreed disposition regarding, a felony related to the practice of speech–language pathology, under applicable state or federal criminal law; and

(7) Have a valid United States Social Security or National Practitioner Identification number.

(g) The privilege to practice is derived from the home state license.

(h) An audiologist or a speech–language pathologist practicing in a member state must comply with the state practice laws of the state in which the patient is located at the time service is provided. The practice of audiology and speech–language pathology shall include all audiology and speech–language pathology practice as defined by the state practice laws of the member state in which the patient is located. The practice of audiology and speech–language pathology in a member state under a privilege to practice shall subject an audiologist or a speech–language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the patient is located at the time service is provided.

(i) Individuals not residing in a member state shall continue to be able to apply for a member state’s single–state license as provided under the laws of each member state. However, the single–state license granted to these individuals may not be recognized as granting the privilege to practice audiology or speech–language pathology in any other member state. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single–state license.

(j) Member states may charge a fee for granting a Compact privilege.

(k) Member states must comply with the bylaws and rules and regulations of the Commission.

SECTION 4. COMPACT PRIVILEGE

(a) To exercise the Compact privilege under the terms and provisions of the Compact, the audiologist or speech–language pathologist shall:

(1) Hold an active license in the home state;

(2) Have no encumbrance on any state license;

(3) Be eligible for a Compact privilege in any member state in accordance with Section 3;

(4) Have not had any adverse action against any license or Compact privilege within the previous 2 years from date of application;

(5) Notify the Commission that the licensee is seeking the Compact privilege within a remote state;

(6) Pay any applicable fees, including any state fee, for the Compact privilege; and

(7) Report to the Commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.

(b) For the purposes of the Compact privilege, an audiologist or a speech–language pathologist may hold only one home state license at a time.

(c) Except as provided in Section 6, if an audiologist or a speech–language pathologist changes primary state of residence by moving between two member states, the audiologist or speech–language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission.

(d) The audiologist or speech–language pathologist may apply for licensure in advance of a change in primary state of residence.

(e) A license may not be issued by the new home state until the audiologist or speech–language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.

(f) If an audiologist or a speech–language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single–state license, valid only in the former home state, and the Compact privilege in any member state is deactivated in accordance with rules adopted by the Commission.

(g) The Compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) of this section to maintain the Compact privilege in the remote state.

(h) A licensee providing audiology or speech–language pathology services in a remote state under the Compact privilege shall function within the laws and regulations of the remote state.

(i) A licensee providing audiology or speech–language pathology services in a remote state is subject to the regulatory authority of that state. A remote state may, in accordance with due process and the laws of that state, remove a licensee’s Compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens.

(j) If a home state license is encumbered, the licensee shall lose the Compact privilege in any remote state until the following occur:

(1) The home state license is no longer encumbered; and

(2) 2 years have elapsed from the date of the adverse action.

(k) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) of this section to obtain a Compact privilege in any remote state.

(l) Once the requirements of subsection (j) of this section have been met, the licensee must meet the requirements in subsection (a) of this section to obtain a Compact privilege in a remote state.

SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

(a) Member states shall recognize the right of an audiologist or a speech–language pathologist, licensed by a home state in accordance with Section 3 and under rules promulgated by the Commission, to practice audiology or speech–language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.

(b) A licensee providing audiology or speech–language pathology services in a remote state under the Compact privilege shall function within the laws and regulations of the remote state.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall change the home state of the individual only through application for licensure in the new state.

SECTION 7. ADVERSE ACTIONS

(a) (1) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

(i) Take adverse action against an audiologist’s or a speech–language pathologist’s privilege to practice within that member state; and

(ii) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

(2) Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

(3) Only the home state shall have the power to take adverse action against an audiologist’s or a speech–language pathologist’s license issued by the home state.

(b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

(c) The home state shall complete any pending investigations of an audiologist or a speech–language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.

(d) If otherwise authorized by state law, the member state may recover from the affected audiologist or speech–language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech–language pathologist.

(e) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.

(f) (1) In addition to the authority granted to a member state by its respective audiology or speech–language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

(g) If adverse action is taken by the home state against an audiologist’s or a speech–language pathologist’s license, the audiologist’s or speech–language pathologist’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist’s or a speech–language pathologist’s license shall include a statement that the audiologist’s or speech–language pathologist’s privilege to practice is deactivated in all member states during the pendency of the order.

(h) If a member state takes adverse action against a licensee, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state, and any remote state in which the licensee has a privilege to practice, of any adverse actions by the home state or remote states.

(i) Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH–LANGUAGE PATHOLOGY COMPACT COMMISSION

(a) (1) The Compact member states hereby create and establish a joint public agency known as the Audiology and Speech–Language Pathology Compact Commission.

(2) The Commission is an instrumentality of the Compact states.

(3) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(4) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

(b) (1) Each member state shall have two delegates selected by the licensing board of that member state. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech–language pathologist.

(2) An additional five delegates, who are either public members or board administrators from state licensing boards, shall be chosen by the Executive Committee from a pool of nominees provided by the Commission at large.

(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

(4) The member state board shall fill any vacancy occurring on the Commission within 90 days.

(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

(6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for the participation of the delegates in meetings by telephone or other means of communication.

(7) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(c) The Commission shall have the following powers and duties:

(1) Establish the fiscal year of the Commission;

(2) Establish bylaws;

(3) Establish a Code of Ethics;

(4) Maintain its financial records in accordance with the bylaws;

(5) Meet and take actions as are consistent with the provisions of this Compact and the bylaws;

(6) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact that shall have the force and effect of law and shall be binding in all member states to the extent and manner provided for in this Compact;

(7) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state audiology or speech–language pathology licensing board to sue or be sued under applicable law shall not be affected;

(8) Purchase and maintain insurance and bonds;

(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

(11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;

(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed, provided that at all times the Commission shall avoid any appearance of impropriety;

(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

(14) Establish a budget and make expenditures;

(15) Borrow money;

(16) Appoint committees, including standing committees composed of members and other interested persons as may be designated in this Compact and the bylaws;

(17) Provide and receive information from, and cooperate with, law enforcement agencies;

(18) Establish and elect an Executive Committee; and

(19) Perform other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with state regulation of audiology and speech–language pathology licensure and practice.

(d) The Commission has no authority to change or modify the laws of the member states which define the practice of audiology or speech–language pathology in the respective states.

(e) (1) The Executive Committee shall have the power to act on behalf of the Commission, within the powers of the Commission, according to the terms of this Compact.

(2) The Executive Committee shall be composed of the following members:

(i) Seven voting members who are elected by the Commission from the current membership of the Commission;

(ii) Two ex officio members, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech–language pathology association; and

(iii) One ex officio, nonvoting member from the recognized membership organization of the audiology or speech–language pathology licensing boards.

(3) The ex officio members shall be selected by their respective organizations.

(f) (1) The Commission may remove any member of the Executive Committee as provided in the bylaws.

(2) The Executive Committee shall meet at least annually.

(3) The Executive Committee shall have the following duties and responsibilities:

(i) Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states, such as annual dues, and any Commission Compact fee charged to licensees for the Compact privilege;

(ii) Ensure Compact administration services are appropriately provided, contractual or otherwise;

(iii) Prepare and recommend the budget;

(iv) Maintain financial records on behalf of the Commission;

(v) Monitor Compact compliance of member states and provide compliance reports to the Commission;

(vi) Establish additional committees as necessary; and

(vii) Other duties as provided in rules or bylaws.

(4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 10.

(5) The Commission, the Executive Committee, or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss:

(i) Noncompliance of a member state with its obligations under the Compact;

(ii) The employment, compensation, discipline or other matters, practices or procedures related to specific employees, or other matters related to the Commission’s internal personnel practices and procedures;

(iii) Current, threatened, or reasonably anticipated litigation;

(iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

(v) Accusing any person of a crime or formally censuring any person;

(vi) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

(vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(viii) Disclosure of investigative records compiled for law enforcement purposes;

(ix) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

(x) Matters specifically exempted from disclosure by federal or member state statute.

(6) If a meeting, or portion of a meeting, is closed in accordance with this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

(7) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction. All minutes and documents of meetings other than a closed meeting shall be made available to members of the public upon request at the requesting person’s expense.

(8) (i) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(ii) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

(iii) The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the Commission, which shall promulgate a rule binding on all member states.

(9) The Commission may not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

(10) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

(g) (1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing in this paragraph shall be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

(2) The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 9. DATA SYSTEM

(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

(1) Identifying information;

(2) Licensure data;

(3) Adverse actions against a license or Compact privilege;

(4) Nonconfidential information related to alternative program participation;

(5) Any denial of application for licensure, and the reason for the denial; and

(6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

(c) Investigative information pertaining to a licensee in any member state may be available only to other member states.

(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.

(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

SECTION 10. RULEMAKING

(a) The Commission shall exercise its rulemaking powers in accordance with the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years after the date of adoption of the rule, the rule shall have no further force and effect in any member state.

(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

(d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule shall be considered and voted on, the Commission shall file a Notice of Proposed Rulemaking:

(1) On the website of the Commission or other publicly accessible platform; and

(2) On the website of each member state audiology or speech–language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

(e) The Notice of Proposed Rulemaking shall include:

(1) The proposed time, date, and location of the meeting during which the rule shall be considered and voted on;

(2) The text of the proposed rule or amendment and the reason for the proposed rule;

(3) A request for comments on the proposed rule from any interested person; and

(4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(f) Prior to the adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

(1) At least 25 persons;

(2) A state or federal governmental subdivision or agency; or

(3) An association having at least 25 members.

(h) (1) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for accessing the electronic hearing.

(2) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.

(3) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(4) All hearings shall be recorded. A copy of the recording shall be made available to any person on request and at the requesting person’s expense.

(5) Nothing in this subsection shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this subsection.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(j) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

(k) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(l) On determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

(1) Meet an imminent threat to public health, safety, or welfare;

(2) Prevent a loss of Commission or member state funds; or

(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

(a) (1) On request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.

(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(b) (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

(2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney’s fees.

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

SECTION 12. DATE OF IMPLEMENTATION OF THE AUDIOLOGY AND SPEECH–LANGUAGE PATHOLOGY INTERSTATE COMPACT AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

(b) Any state that joins the Compact subsequent to the initial adoption of the rules by the Commission shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

(c) (1) Any member state may withdraw from this Compact by enacting a statute repealing the same.

(2) A member state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

(3) Withdrawal shall not affect the continuing requirement of the withdrawing state’s audiology or speech–language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

(d) Nothing contained in this Compact shall be construed to invalidate or prevent any audiology or speech–language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.

(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding on any member state until it is enacted into the laws of all member states.

SECTION 13. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.

(b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.

(c) All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding on the member states.

(d) All agreements between the Commission and the member states are binding in accordance with their terms.

(e) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Md. Code, State Government § 2-1513 — MD Code / Article gsg / Title 2 / Subtitle 15 / Section 2-1513
§2–1513.
Status: in_force

(a) The Secretary of State shall deliver to the clerk of the Supreme Court of Maryland each bill that becomes law.

(b) With respect to bills that the Governor vetoes, the Secretary of State shall deliver:

(1) to the house of origin, each bill that the Maryland Constitution requires to be returned to that house; and

(2) to the State Archives, every other bill.
Md. Code, Commercial Law § 2-327 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-327
§2–327.
Status: in_force

(1) Under a sale on approval unless otherwise agreed

(a) Although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and

(b) Use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and

(c) After due notification of election to return, the return is at the seller’s risk and expense but a merchant buyer must follow any reasonable instructions.

(2) Under a sale or return unless otherwise agreed

(a) The option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and

(b) The return is at the buyer’s risk and expense.
Md. Code, State Finance and Procurement § 2-802 — MD Code / Article gsf / Title 2 / Subtitle 8 / Section 2-802
§2–802.
Status: in_force

(a) Except as provided in subsection (c) of this section, in a public building, a changing facility suitable for changing the diaper of a child under the age of 4 years shall be installed in at least one public restroom or, if the restrooms are divided by gender, in at least one men’s public restroom and one women’s public restroom if:

(1) the public building is constructed on or after October 1, 2019;

(2) a public restroom is constructed in a public building on or after October 1, 2019; or

(3) a public restroom in a public building undergoes substantial renovation on or after October 1, 2019.

(b) Except as provided in subsection (c) of this section, in a public building, a changing facility shall be installed in at least one public restroom or, if the restrooms are divided by gender, in at least one men’s public restroom and one women’s public restroom if:

(1) the public building is constructed on or after October 1, 2022;

(2) the public restroom is constructed in a public building on or after October 1, 2022; or

(3) a public restroom in a public building undergoes substantial renovation on or after October 1, 2022.

(c) A changing facility is not required to be installed under this section if a building inspector that has jurisdiction over the public building determines that the installation of a changing facility:

(1) is not practicable; or

(2) would result in a failure to comply with applicable building standards governing the right of access for individuals with disabilities.

(d) (1) The Board of Public Works, through the Department of General Services, shall adopt standards that a changing facility must meet in order to comply with the requirements of this section.

(2) The standards shall be filed with the Secretary of State.
Md. Code, Criminal Procedure § 2-208.3 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-208.3
§2–208.
Status: in_force

§2–208.3.

(a) In this section, “Prince George’s County fire and explosive investigator” means an individual who:

(1) is assigned full time to the Fire and Explosive Investigations Section of the Prince George’s County Fire/EMS Department;

(2) has attained the position of deputy fire marshal; and

(3) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article.

(b) Except as provided in subsection (c) of this section, a Prince George’s County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal under § 2–208 of this subtitle:

(1) while operating in Prince George’s County; and

(2) while operating outside Prince George’s County when:

(i) the Prince George’s County fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;

(ii) the Prince George’s County fire and explosive investigator is rendering assistance to another law enforcement officer;

(iii) the Prince George’s County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

(iv) an emergency exists.

(c) The Prince George’s County Fire Chief:

(1) may limit the authority of a Prince George’s County fire and explosive investigator under this section; and

(2) shall express the limitation in a written policy.
Md. Code, Transportation § 2-103.3 — MD Code / Article gtr / Title 2 / Subtitle 1 / Section 2-103.3
§2–103.
Status: in_force

§2–103.3.

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

(2) “County” includes Baltimore City.

(3) “Elderly and handicapped person” means any person who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable to use mass transit facilities and services as effectively as a person who is not so affected.

(4) “Transportation service” means any transportation option or mix of options that may include paratransit or fixed route service, established or employed by a county to accommodate the transportation needs of its elderly and handicapped residents.

(b) (1) (i) Subject to subparagraphs (ii) through (iv) of this paragraph, the Secretary shall identify separately within the Department’s annual budget an amount to be used for elderly and handicapped transportation service in each county.

(ii) For fiscal year 2024, the Secretary shall identify separately within the Department’s annual budget at least $4,305,908 to be used for elderly and handicapped transportation service.

(iii) For fiscal year 2025 and each fiscal year thereafter, the Secretary shall identify separately within the Department’s annual budget an amount for elderly and handicapped transportation service that is equal to at least the amount in the immediately preceding fiscal year adjusted for inflation in accordance with subparagraph (iv) of this paragraph.

(iv) 1. The inflation adjustment shall equal the product of multiplying the amount of funding in the immediately preceding fiscal year by the percentage increase in the Consumer Price Index for All Urban Consumers.

2. The percentage increase in the Consumer Price Index for All Urban Consumers shall be determined by comparing the average of the index for the 12 months ending on the November 30 immediately preceding the fiscal year for which the funding amount is being calculated to the average of the index for the prior 12 months.

3. If there is a decline or no growth in the Consumer Price Index for All Urban Consumers, the amount of funding under this paragraph shall remain unchanged.

(2) The amount the Secretary identifies, or such other amount as may be appropriated by the General Assembly for the provision of elderly and handicapped transportation service in each county, shall be distributed as provided in subsections (c), (d), and (e) of this section.

(c) (1) Of the amount separately identified or otherwise appropriated under subsection (b) of this section, the Secretary shall:

(i) Allocate 60 percent equally among the counties; and

(ii) Allocate the remaining amount among the counties in proportion to their respective percentages of the State’s combined elderly and handicapped population.

(2) Subject to the limitations provided in subsection (f) of this section, the Secretary shall distribute all such allocated amounts to those counties which file a written application with the Department in such form and detail as the Secretary requires.

(3) A written application submitted by a county under this subsection may not be accepted or considered by the Secretary unless the local area agency on aging certifies its approval of the project for the funding for which the application is made.

(4) The Secretary shall consult with the Department of Aging and the Department of Disabilities in distributing the funds available under this section.

(d) (1) In determining local transportation needs, the counties shall take into account the elderly and handicapped transportation needs of the municipalities within their jurisdictions. Nothing in this section shall preclude a municipality from requesting the county to apply for part or all of the county’s allocation of funds available under this section on behalf of the municipality.

(2) In the event a municipality believes it is not afforded a reasonable share of the funds available to the county under this section, the municipality may appeal the county’s allocation decision directly to the Secretary.

(e) (1) If any of the allocated funds described in subsection (c) of this section are not applied for by the counties within 6 months after the beginning of the fiscal year, the Secretary shall make those funds available to counties pursuant to application procedures and criteria developed by the Secretary, in consultation with the Department of Aging and the Department of Disabilities. The criteria shall provide that:

(i) Such funds may be made available to counties in which the Secretary determines that additional funds for transportation service to the elderly and handicapped are most needed; and

(ii) Local match requirements described in subsection (f) of this section shall apply to all disbursements.

(2) A written application submitted by a county under this subsection may not be accepted or considered by the Secretary unless the local area agency on aging certifies its approval of the project for the funding for which the application is made.

(f) (1) The Department shall provide capital assistance with funds described in this section only on the basis of a 95 percent State, 5 percent county matching fund obligation.

(2) The Department shall provide operating assistance with funds described in this section only:

(i) To fund operating deficits of the county’s transportation service; and

(ii) On the basis of a 75 percent State, 25 percent county matching fund obligation.

(g) The Secretary, in consultation with the Department of Aging and the Department of Disabilities, shall develop procedures for the proper enforcement of this section. The procedures shall provide that:

(1) A county shall use all amounts distributed to it under this section only for the acquisition or replacement of equipment or for the operating costs of the county’s transportation service;

(2) A county, in consultation with the local area agency on aging, shall determine the most effective means of serving the transportation needs of its elderly and handicapped residents;

(3) Each county shall cooperate with the others to best serve the transportation needs of the State’s elderly and handicapped residents; and

(4) A county administering a transportation service that receives funds under this section:

(i) Shall provide trips for any purpose;

(ii) Shall serve the elderly and handicapped citizens within the service areas identified in its application;

(iii) May not restrict its transportation service to clients of social service agencies;

(iv) May establish reasonable fares; and

(v) May permit persons other than the elderly and handicapped to use or benefit from its transportation service to the extent capacity is available.

(h) (1) The Secretary in consultation with the Department of Aging and the Department of Disabilities shall monitor the use of funds provided under this section.

(2) (i) On or before December 1 each year, the Secretary shall report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on the amount of funding distributed to each county and municipality under this section during the prior fiscal year.

(ii) The report under subparagraph (i) of this paragraph shall include an estimate of:

1. The number of individuals receiving transportation services supported by the distributions under this section during the prior fiscal year;

2. The number of individual trips provided to individuals supported by the distributions under this section during the prior fiscal year; and

3. The number of individual trips required by elderly and handicapped persons in the State for the prior fiscal year and the next fiscal year.

(i) A county that receives funds under this section may not use such funds to replace any money it receives from other sources for transportation service for the elderly and handicapped.

(j) Federal funds provided to the State for use in connection with the provision of transportation service to the elderly and handicapped may not be diverted to other uses by the State.

(k) The Secretary shall encourage each county to:

(1) Continue to maximize use of existing funding programs for elderly and handicapped transportation service; and

(2) Enter into cooperative agreements with other local or State resource providers.

(l) Nothing in this section prohibits a county from:

(1) Contracting with nonprofit organizations, area agencies on aging, public transportation providers, or private carriers for the provision of transportation service to the elderly and handicapped;

(2) Modifying or expanding any existing local transportation system; or

(3) Developing a new transportation system with the use or assistance of subsidized volunteers.
Md. Code, Tax - General § 2-111 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-111
§2–111.
Status: in_force

In the case of an individual described in § 7508 of the Internal Revenue Code, the period of service referred to in that section shall be disregarded in determining the due date for the following:

(1) filing a Maryland income tax return or declaration of estimated income tax under § 10-820 of this article;

(2) filing a refund claim under § 13-1104 of this article; and

(3) filing an appeal to the Maryland Tax Court under § 13-510 of this article, an appeal to the circuit court under § 13-532 of this article, or any further appeal permitted under Maryland law.
Md. Code, Natural Resources § 2-403 — MD Code / Article gnr / Title 2 / Subtitle 4 / Section 2-403
§2–403.
Status: in_force

The Survey may enter on any public or private property to examine any boundary monument. However, the Survey may not enter during the growing season on any land planted with crops which might be damaged by any entry.
Md. Code, Health Occupations § 2-302.1 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-302.1
§2–302.
Status: in_force

§2–302.1.

(a) To qualify for an initial license to practice hearing aid dispensing, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall be of good moral character.

(c) The applicant shall:

(1) Be a graduate of an accredited 2–year postsecondary program with a diploma or degree; and

(2) Prior to taking the State licensing examination, provide proof of successful completion of the International Hearing Society Curriculum entitled “Distance Learning For Professionals in Hearing Health Sciences” or an equivalent course approved by the Board.

(d) (1) Except as otherwise provided in this subtitle, the applicant shall pass an examination given by the Board under this subtitle.

(2) Except for an applicant who holds a valid license to provide hearing aid dispenser services in another state, the applicant shall obtain 6 months’ training under the supervision of a licensed hearing aid dispenser or licensed audiologist prior to taking the examination given by the Board.

(e) The applicant shall demonstrate oral competency.

(f) The applicant shall submit to a criminal history records check in accordance with § 2–303.1 of this subtitle.
Md. Code, Tax - General § 2-107 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(a) Authorized employees of the Field Enforcement Bureau of the Comptroller’s Office:

(1) shall be individuals who are sworn police officers; and

(2) have all the powers, duties, and responsibilities of a peace officer for the purpose of enforcing the laws pertaining to:

(i) admissions and amusement tax;

(ii) income tax and income tax preparation;

(iii) motor carrier tax;

(iv) motor fuel and lubricants;

(v) motor fuel tax;

(vi) sales and use tax;

(vii) transient vendors within the meaning of Title 17, Subtitle 20A of the Business Regulation Article; and

(viii) in cooperation with the authorized employees of the Field Enforcement Division of the Alcohol, Tobacco, and Cannabis Commission:

1. alcoholic beverage tax; and

2. tobacco tax.

(b) (1) The Department of State Police shall help the Field Enforcement Bureau in enforcing the motor carrier tax, motor fuel tax and motor fuel and lubricants laws.

(2) The Comptroller shall pay the salaries and expenses of all Department of State Police staff assigned to the Field Enforcement Bureau.

(c) (1) (i) Except for the Sheriff, constables and bailiffs of Baltimore County, each law enforcement officer shall enforce the alcoholic beverage tax and tobacco tax laws.

(ii) A State’s Attorney or other prosecutor may prosecute alleged violations of the alcoholic beverage tax or tobacco tax laws.

(2) The Field Enforcement Bureau of the Comptroller’s Office and the Field Enforcement Division of the Alcohol, Tobacco, and Cannabis Commission:

(i) shall advise a State’s Attorney and law enforcement officers about enforcement problems; and

(ii) otherwise may work cooperatively with law enforcement officers and prosecutors to carry out the duties of the unit.

(3) This subsection does not restrict the appropriation of money by a political subdivision of the State to aid in the enforcement of the alcoholic beverage tax and tobacco tax laws.

(d) (1) Each unit of the State government shall cooperate with the Comptroller’s Office by making available, on request, any information in the unit’s possession as may be of assistance in the administration and enforcement of the motor carrier tax, motor fuel tax, and motor fuel and lubricants laws.

(2) The Field Enforcement Bureau shall cooperate with and help the federal government, other states, and local governments and law enforcement personnel of those jurisdictions to enforce the motor carrier tax, motor fuel tax, and motor fuel and lubricants laws.

(e) On or before December 1 each year, the Executive Director shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(1) the aggregate number of licensed tobacco retailers that committed a violation of § 10–107 of the Criminal Law Article and the aggregate number of minors who committed a violation of § 10–107 of the Criminal Law Article during the reporting period;

(2) the number of prior violations for licensed tobacco retailers and minors that committed a violation during the reporting period; and

(3) the subsequent action taken by the Executive Director against each violator and, for each action taken, the number of violations committed by the violator.
Md. Code, Insurance § 2-202 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) (1) Notwithstanding any other law and except as provided in paragraph (2) of this subsection, the Commissioner has exclusive jurisdiction to enforce by administrative action the laws of the State that relate to the underwriting or rate–setting practices of an insurer.

(2) The Commission on Civil Rights has concurrent jurisdiction with the Commissioner:

(i) over alleged discrimination on the basis of race, creed, color, or national origin; and

(ii) for the enforcement of § 15–1A–22 of this article.

(b) When the Commissioner has exclusive jurisdiction under subsection (a) of this section, the Commission on Civil Rights may:

(1) refer complaints about discriminatory practices to the Commissioner;

(2) appear before the Commissioner as a party at a hearing about discriminatory practices;

(3) make recommendations about discriminatory practices to the Commissioner;

(4) represent a complainant in proceedings under § 2–210 of this subtitle; and

(5) appeal as a party aggrieved by an order or decision of the Commissioner under § 2–215 of this subtitle or § 11–503 of this article.

(c) The Commissioner shall notify the Commission on Civil Rights of any hearing scheduled on a complaint about alleged discriminatory practices.

(d) On request of the Commission on Civil Rights and unless the complainant objects, the Commissioner shall give the Commission on Civil Rights all information about any complaint about alleged discriminatory practices received by the Commissioner.

(e) The Commissioner and the Commission on Civil Rights shall set guidelines for determining when allegations in a complaint about alleged discriminatory practices are sufficient to warrant a hearing.
Md. Code, Agriculture § 2-901 — MD Code / Article gag / Title 2 / Subtitle 9 / Section 2-901
§2–901.
Status: in_force

(a) There is a Maryland Crop Insurance Premium Cost Share Program which is established for the purpose of increasing participation by farmers in the State in the Federal Crop Insurance Program and reducing a farmer’s economic losses that result from natural disasters and market volatility.

(b) (1) (i) The Secretary may provide a cost share payment for a qualifying federal crop insurance product purchased by a farmer in the State.

(ii) A cost share payment made under this section may not exceed 8% of the net book premium, as established by the Federal Crop Insurance Corporation within the Risk Management Agency of the United States Department of Agriculture.

(2) The Department may distribute money under the Maryland Crop Insurance Premium Cost Share Program from funds provided in the budget.

(c) (1) The Secretary may adopt regulations to implement the provisions of this subtitle.

(2) On or before January 1, 2008, the Secretary shall adopt regulations that establish the qualifications for a farmer’s eligibility to receive a cost share payment for crop insurance.
Md. Code, Environment § 2-303.3 — MD Code / Article gen / Title 2 / Subtitle 3 / Section 2-303.3
§2–303.
Status: in_force

§2–303.3.

The Department shall conduct inspections as provided in a memorandum of understanding on behalf of and in coordination with other agencies when administering the inspection of gasoline retailing operations under this subtitle.
Md. Code, Commercial Law § 2-722 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-722
§2–722.
Status: in_force

Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract

(a) A right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;

(b) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;

(c) Either party may with the consent of the other sue for the benefit of whom it may concern.
Md. Code, State Government § 2-507 — MD Code / Article gsg / Title 2 / Subtitle 5 / Section 2-507
§2–507.
Status: in_force

(a) In carrying out any of its functions or powers, the Committee may:

(1) issue subpoenas;

(2) compel the attendance of witnesses;

(3) compel the production of any papers, books, accounts, documents, and testimony;

(4) administer oaths; and

(5) cause the depositions of witnesses, who reside in or outside of the State, to be taken in the manner provided by law for taking depositions in a civil case.

(b) (1) If a person fails to comply with a subpoena issued under this section or fails to testify on any matter on which the person lawfully may be interrogated, on petition of a member of the Committee, a circuit court may pass an order directing compliance with the subpoena or compelling testimony and may enforce the order by proceedings for contempt.

(2) Venue and procedures for a proceeding under paragraph (1) of this subsection to direct compliance with a subpoena or compel testimony are as provided in § 2–1803 of this title.
Md. Code, Health Occupations § 2-302 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(a) To qualify for a license to practice audiology, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall be of good moral character.

(c) The applicant shall:

(1) On or before September 30, 2007:

(i) Hold a master’s or doctoral degree in audiology from an accredited educational institution which incorporates the academic course work and the minimum hours of supervised clinical training required by the regulations adopted by the Board; and

(ii) Have completed the period of supervised postgraduate professional practice in audiology as specified by the regulations adopted by the Board;

(2) On or after October 1, 2007, hold a doctoral degree in audiology from an accredited educational institution which incorporates the academic course work and the minimum hours of supervised clinical training required by the regulations adopted by the Board; or

(3) Qualify for a license under § 2–305 of this subtitle.

(d) Except as otherwise provided in this title, the applicant shall:

(1) Pass an examination in audiology required by the regulations adopted by the Board; and

(2) Complete training consistent with the standards established by:

(i) The Accreditation Commission for Audiology Education; or

(ii) The Counsel of Academic Accreditation.

(e) The applicant shall demonstrate oral competency.

(f) The applicant shall submit to a criminal history records check in accordance with § 2–303.1 of this subtitle.
Md. Code, Tax - Property § 2-206 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

On request by the Maryland Tax Court, the Department shall perform administrative duties for the Maryland Tax Court.
Md. Code, Alcoholic Beverages and Cannabis § 2-152 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-152
§2–152.
Status: in_force

(a) A common carrier shall report quarterly to the Executive Director:

(1) the date of each delivery of wine in the State; and

(2) the name and address of the direct wine shipper and the receiving consumer of each delivery.

(b) A common carrier shall maintain for 3 years complete and accurate records of all information needed to verify compliance with this part.
Md. Code, Courts and Judicial Proceedings § 2-304 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-304
§2–304.
Status: in_force

(a) If a sheriff fails to file a return within the time set by the court or by rule, the court, on motion, shall order him to do so.

(b) If a sheriff fails to file a return on an original writ within the time set by the court, the court shall amerce the sheriff for the benefit of the plaintiff in the amount of the debt or damages and costs due from the defendant, ascertained from the oath of the plaintiff and other proof required by the court.

(c) If a sheriff fails to file a return on a writ mailed to him for service in his county, the court that issued the writ may cite him for contempt, and may fine the sheriff not more than $50.

(d) If a sheriff fails to file a return on a writ of execution or attachment within the time set by the court, the court may amerce the sheriff, for the benefit of the plaintiff, in the amount of the judgment stated in the writ.
Md. Code, Corporations and Associations § 2-104 — MD Code / Article gca / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

(a) The articles of incorporation shall include:

(1) The name and address of each incorporator and a statement that each incorporator is:

(i) 18 years old or older; and

(ii) Forming a corporation under the general laws of the State of Maryland;

(2) The name of the corporation;

(3) The purposes for which the corporation is formed or a statement that the corporation may engage in any lawful business or other activity;

(4) The address of the principal office of the corporation;

(5) The name and address of the resident agent of the corporation;

(6) (i) The total number of shares of stock of all classes which the corporation has authority to issue;

(ii) The number of shares of stock of each class;

(iii) The par value of the shares of stock of each class or a statement that the shares are without par value; and

(iv) If there are any shares of stock with par value, the aggregate par value of all the shares of all classes;

(7) If the stock is divided into classes as permitted by § 2-105 of this subtitle, a description of each class including any preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption; and

(8) The number of directors and the names of those individuals who will serve as directors until their successors are elected and qualify.

(b) The articles of incorporation may include:

(1) Any provision not inconsistent with law that defines, limits, or regulates the powers of the corporation, its directors and stockholders, any class of its stockholders, or the holders of any bonds, notes, or other securities that it may issue;

(2) Any restriction not inconsistent with law on the transferability of stock of any class;

(3) Any provision authorized by this article to be included in the bylaws;

(4) Any provision that requires for any purpose the concurrence of a greater proportion of the votes of all classes or series or of any class or series of stock than the proportion required by this article for that purpose;

(5) A provision that requires for any purpose a lesser proportion of the votes of all classes or series or of any class or series of stock than the proportion required by this article for that purpose, but this proportion may not be less than a majority of all the votes entitled to be cast on the matter;

(6) A provision that divides its directors into classes or series and specifies the term of office of each class or series;

(7) A provision for minority representation through cumulative voting in the election of directors and the terms on which cumulative voting rights may be exercised;

(8) A provision that varies in accordance with § 2–405.2 of this title the standards for liability of the directors and officers of a corporation for money damages;

(9) A provision that allows the board of directors, in considering a potential acquisition of control of the corporation, to consider the effect of the potential acquisition of control on:

(i) Stockholders, employees, suppliers, customers, and creditors of the corporation; and

(ii) Communities in which offices or other establishments of the corporation are located;

(10) A provision that contains a future effective date for the articles of incorporation that is not later than 30 days after the articles are accepted by the Department for record; and

(11) If adopted after May 31, 1908, a provision stating that:

(i) The existence of the corporation is limited to a specific period; or

(ii) The existence of the corporation shall be limited to a specific period that shall be continued, extended, or terminated on the occurrence of an event, an action, or a determination set forth in the charter.

(c) The inclusion or omission of a provision in the charter that allows the board of directors to consider the effect of a potential acquisition of control on persons specified in subsection (b)(9) of this section does not create an inference concerning factors that may be considered by the board of directors regarding a potential acquisition of control.
Md. Code, Health Occupations § 2-4A-17 — MD Code / Article gho / Title 2 / Subtitle 4A / Section 2-4A-17
§2–4A–17.
Status: in_force

(a) Except as provided in this section for an action under § 2–4A–14 of this subtitle, a person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) A person aggrieved by a final decision of the Board under § 2–4A–14 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided by the Administrative Procedure Act.

(c) A decision of the Board to deny a license, enforce a suspension of a license for more than 1 year, or revoke a license may not be stayed pending judicial review.
Md. Code, State Government § 2-105 — MD Code / Article gsg / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

While the General Assembly is in session, each member or employee of the General Assembly who also is employed by the State or any of its political subdivisions:

(1) is entitled automatically to a leave of absence from the other employment; and

(2) except for a right to a salary or wages, may not be deprived of or otherwise have impaired any incident of the employment, including tenure, seniority, annual or sick leave, promotional rights, or rights to salary increments.
Md. Code, Environment § 2-1504 — MD Code / Article gen / Title 2 / Subtitle 15 / Section 2-1504
§2–1504.
Status: in_force

(a) There is a Zero–Emission Vehicle School Bus Transition Fund.

(b) The purpose of the Fund is to provide funding for the Program.

(c) The Department, in consultation with the State Department of Education, shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

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

(e) The Fund consists of:

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

(2) Interest earnings of the Fund;

(3) Donations;

(4) Money derived from legal settlements earmarked for the purpose of transitioning to school buses that are zero–emission vehicles; and

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

(f) The Fund may be used only for the Program.

(g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

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

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

(i) Money expended from the Fund for the Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Program.
Md. Code, Economic Development § 2-104 — MD Code / Article gec / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

The Secretary shall have a seal.
Md. Code, Insurance § 2-214 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-214
§2–214.
Status: in_force

(a) In holding a hearing under this subtitle the Commissioner sits in a quasi-judicial capacity.

(b) (1) Within 30 days after a hearing or any rehearing or reargument of matters involved in the hearing, the Commissioner shall issue an order that covers matters involved in the hearing and in any rehearing or reargument.

(2) The Commissioner shall serve a copy of the order on the same persons that were served notice of the hearing.

(c) The order shall contain:

(1) a concise statement of the facts found by the Commissioner;

(2) the Commissioner’s conclusions from the facts; and

(3) the information required by § 2-204(b) of this subtitle.

(d) The order may:

(1) affirm, modify, or nullify an action already taken; or

(2) constitute the taking of new action within the scope of the notice of the hearing.
Md. Code, Courts and Judicial Proceedings § 2-207 — MD Code / Article gcj / Title 2 / Subtitle 2 / Section 2-207
§2–207.
Status: in_force

(a) For purposes of this section, “person in interest” has the meaning stated in § 4–101(g) of the General Provisions Article.

(b) The clerk of the circuit court of each county shall keep a book or electronic record and record and index in the book or electronic record the discharge papers of any person who:

(1) At any time has served in the uniformed services of the United States; and

(2) Presents the discharge papers of the person for recording.

(c) A clerk may not charge a fee for recording or indexing discharge papers.

(d) The record kept by the clerk, or a certified copy of the record, is admissible in evidence in any court in the State.

(e) (1) A clerk shall deny inspection of the book or electronic record, and the record and index in the book or electronic record, described in this section except:

(i) To a party in a civil, administrative, or criminal proceeding in a federal or state court or government agency, or the party’s attorney, who presents evidence satisfactory to the clerk that the inspection is related to admitting the record or a certified copy of the record in evidence in the proceeding;

(ii) To a person in interest;

(iii) In accordance with a subpoena or court order; or

(iv) 1. If the request for inspection is made at least 70 years after the discharge papers were presented for recording; and

2. If the clerk has redacted the Social Security number of the person in interest from any portion of the book or electronic record.

(2) A clerk may provide a certified copy of a record described in this section only:

(i) To a party in a civil, administrative, or criminal proceeding in a federal or state court or government agency, or the party’s attorney, who presents evidence satisfactory to the clerk that the certified copy is for the purpose of admission in evidence in the proceeding;

(ii) To a person in interest;

(iii) In accordance with a subpoena or court order; or

(iv) To a relative of the person who is the subject of the discharge papers, if the request for a certified copy is made at least 70 years after the discharge papers were presented for recording.
Md. Code, Housing and Community Development § 2-201 — MD Code / Article ghs / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

The Department consists of:

(1) the Division of Credit Assurance;

(2) the Division of Development Finance;

(3) the Division of Neighborhood Revitalization;

(4) the Community Development Administration;

(5) the Community Legacy Program;

(6) the Housing Finance Review Committee;

(7) the Lead Hazard Advisory Committee;

(8) the Maryland Housing Fund;

(9) the Neighborhood Business Development Program;

(10) the Historic Property Revitalization Director; and

(11) any other governmental unit that under law is a part of the Department.
Md. Code, Agriculture § 2-602 — MD Code / Article gag / Title 2 / Subtitle 6 / Section 2-602
§2–602.
Status: in_force

(a) The Department may make loans under the Farmer Disaster Loan Program from funds provided in the budget.

(b) Money derived from payment of principal and interest on the loans shall be used by the Department, as needed, to make additional loans under the Farmer Disaster Loan Program. If any money derived from the payment of principal and interest as provided in this subsection exceeds $200,000, then that excess amount shall revert to the General Fund of this State.
Md. Code, Education § 2-303 — MD Code / Article ged / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: in_force

(a) In addition to the other powers granted and duties imposed under this article, the State Superintendent has the powers and duties set forth in this section.

(b) (1) The State Superintendent shall enforce the provisions of:

(i) This article that are within his jurisdiction; and

(ii) The bylaws, rules, and regulations of the State Board.

(2) If an educational institution, a county board, or a nonpublic prekindergarten program, or nonpublic school subject to the requirements of § 26–704 of this article violates any of these provisions, the State Superintendent, by written notice, may require the State Comptroller to withhold from that institution, board, program, or school:

(i) All or any part of an appropriation made by the General Assembly; and

(ii) All or any part of any other payment from funds budgeted by the State.

(c) The State Superintendent shall:

(1) Carry out the educational policies of the State Board;

(2) Call and conduct conferences of county boards and professional personnel of the county school systems on the condition, needs, and improvement of the schools; and

(3) Prepare and publish pamphlets to:

(i) Stimulate public interest;

(ii) Promote the work of education; and

(iii) Foster professional insight and efficiency in teachers.

(d) The State Superintendent is a member of the Governor’s Executive Council.

(e) The State Superintendent shall:

(1) Receive and examine each report required under the bylaws, rules, and regulations of the State Board; and

(2) Examine the expenditures, business methods, and accounts of each county board and advise each county board about them.

(f) (1) Subject to the bylaws, rules, and regulations of the State Board, and except as provided in paragraph (5) of this subsection, the State Superintendent, or the State Superintendent’s designee, shall approve or disapprove each:

(i) Proposal for the purchase or sale of any ground, school site, or building;

(ii) Plan or specification for the remodeling of a school building if the remodeling costs more than $1,000,000;

(iii) Plan or specification for the construction of a new school building; and

(iv) Change order that costs more than $50,000 for the remodeling, restoration, or construction of a school building.

(2) If the State Superintendent, or the State Superintendent’s designee, disapproves any plan, specification, proposal, or change order, the State Superintendent, or the State Superintendent’s designee, shall state in writing the reasons for the disapproval.

(3) If the construction is to be done by a county board, the board may not begin until the plans and specifications are approved in writing by the State Superintendent, or the State Superintendent’s designee.

(4) If the construction is to be done by contract, the contract is invalid without the written approval of the State Superintendent, or the State Superintendent’s designee.

(5) For the purchase of any ground or school site under paragraph (1) of this subsection, the county board shall submit the purchase to the State Superintendent, or the State Superintendent’s designee, for approval or disapproval not more than 3 years before the project is submitted to the Interagency Commission on School Construction for local planning approval.

(g) (1) The State Superintendent shall certificate the professional personnel in each public school in accordance with this article and subject to the bylaws, rules, and regulations of the Professional Standards and Teacher Education Board.

(2) Renewal requirements for any professionally certificated employee may be waived if:

(i) The renewal is recommended by the county superintendent having jurisdiction over the employee; and

(ii) The professionally certificated employee is:

1. 55 years old or older; or

2. Employed in public or approved nonpublic school service for at least 25 years.

(h) (1) If the program is based on and complies with the standards established by the bylaws, rules, and regulations of the State Board, the State Superintendent shall approve any program of instruction offered by a State institution under the supervision of:

(i) The Department of Juvenile Services;

(ii) The Developmental Disabilities Administration or the Behavioral Health Administration of the Maryland Department of Health;

(iii) The Department of Public Safety and Correctional Services; or

(iv) The residential school located within the Institute of Psychiatry and Human Behavior of the University Hospital.

(2) If the State Superintendent grants approval, he shall issue a certificate of approval for the program to the institution that offers the program.

(3) The certificate may be revoked for cause by the State Superintendent.

(4) Each institution that offers an approved program shall:

(i) Be open at all reasonable times for inspection of the program by the State Superintendent or his designated agent; and

(ii) Furnish the information and reports that the State Superintendent considers necessary for evaluation of the program.

(5) The State Superintendent shall issue a certificate of completion of credit to a resident of an institution who successfully completes an approved program of instruction.

(i) (1) The State Superintendent may furnish visual and auditory aids, educational television, and any other aids to facilitate instruction in all subjects in any school, institution, or organization under the supervision of the State Board.

(2) Material collected for this purpose may be made available for a limited time to any responsible institution or organization for the benefit of citizens of this State.

(3) The State Superintendent may make contracts to carry out the provisions of this subsection.

(j) The State Superintendent shall establish an Early Childhood Development Division within the Department.

(k) The State Superintendent shall perform any other duties assigned to him:

(1) Under this article; or

(2) By the State Board.
Md. Code, Insurance § 2-114 — MD Code / Article gin / Title 2 / Subtitle 1 / Section 2-114
§2–114.
Status: in_force

(a) The following money shall be considered general funds of the State:

(1) except as provided under § 6–107 of this article, revenue received under Title 6, Subtitle 1 of this article;

(2) all revenue received under §§ 3–324, 4–209, 6–303, and 6–304 of this article; and

(3) all penalties imposed by the Commissioner, including the following penalties imposed under:

(i) §§ 4–113(d), 4–212, 10–126(c), 11–232, 14–140, 23–208, 23–506, 26–502, 27–305, and 27–408 of this article; and

(ii) § 19–730 of the Health – General Article.

(b) The following money may not be considered general funds of the State and shall be deposited into the Insurance Regulation Fund established under Subtitle 5 of this title:

(1) all revenue received through the imposition and collection of the assessment fee under Subtitle 5 of this title;

(2) all revenue received through the imposition and collection of the fees set forth in § 2–112 of this subtitle;

(3) all revenue received through the imposition and collection of the fraud prevention fee under Title 6, Subtitle 2 of this article;

(4) all revenue received through the collection of examination expenses under § 2–208 of this title;

(5) except as provided under subsection (a) of this section, all other fees received through the imposition and collection of fees set forth in this article; and

(6) income from investments that the State Treasurer makes for the Insurance Regulation Fund.
Md. Code, State Personnel and Pensions § 2-509.1 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-509.1
§2–509.
Status: in_force

§2–509.1.

(a) (1) Except as provided in subsection (b) of this section, the State shall continue to include a prescription drug benefit plan in the health insurance benefit options established under the Program and available to retirees under §§ 2–508 and 2–509 of this subtitle notwithstanding the enactment of the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003 or any other federal law permitting states to discontinue prescription drug benefit plans to retirees of a state.

(2) Except as provided in subsection (b) of this section:

(i) a retiree may elect to cover the retiree’s spouse or dependent child under the State prescription drug benefit plan under §§ 2–508 and 2–509 of this subtitle; and

(ii) if a surviving spouse or surviving dependent child of a retiree is eligible to enroll in the State prescription drug benefit plan under § 2–508 or § 2–509 of this subtitle, the surviving spouse or surviving dependent child may elect to enroll in the State prescription drug benefit plan.

(b) Except as provided in subsection (c) of this section, on January 1, 2019, the State shall discontinue prescription drug benefits for:

(1) a Medicare–eligible retiree;

(2) the Medicare–eligible spouse or surviving spouse of a retiree; and

(3) a Medicare–eligible dependent child or surviving dependent child of a retiree.

(c) (1) If a retiree is eligible to participate in the prescription drug benefit plan under Medicare, but the retiree’s spouse or dependent child is not eligible to participate in a Medicare prescription drug benefit plan, the retiree may elect to cover the retiree’s spouse or dependent child under the State prescription drug benefit plan.

(2) If the surviving spouse or surviving dependent child of a retiree is eligible to enroll in the State prescription drug benefit plan under § 2–508 or § 2–509 of this subtitle, but is not eligible to participate in the prescription drug benefit plan under Medicare, the surviving spouse or surviving dependent child may elect to enroll in the State prescription drug benefit plan.

(d) (1) This subsection applies only to a retiree, a retiree’s spouse or surviving spouse, and a retiree’s dependent child or surviving dependent child:

(i) who is enrolled in a prescription drug benefit plan under Medicare;

(ii) if the retiree is retired on or before December 31, 2019; and

(iii) if the retiree is eligible under § 2–508 or § 2–509 of this subtitle to enroll and participate in the health insurance benefit options established under the Program.

(2) (i) Subject to subparagraph (ii) of this paragraph, on or before January 1, 2020, the Department shall establish a Maryland State Retiree Prescription Drug Coverage Program that reimburses a participant for out–of–pocket costs that exceed the limits established for non–Medicare–eligible retirees in § 2–508(d)(2)(iii) of this subtitle.

(ii) The Department may establish an out–of–pocket limit higher than the limits established in subparagraph (i) of this paragraph for a retiree who qualifies for a partial State subsidy.

(3) The Maryland State Retiree Prescription Drug Coverage Program established under paragraph (2) of this subsection may include:

(i) a health reimbursement account established in accordance with § 105(h) of the Internal Revenue Code; or

(ii) another program that provides assistance with prescription drug costs.

(4) A retiree, a retiree’s spouse or surviving spouse, and a retiree’s dependent child or surviving dependent child may enroll in the Maryland State Retiree Prescription Drug Coverage Program during the open enrollment period or any special enrollment period for retiree health insurance benefit options.

(e) (1) This subsection applies only to a retiree, a retiree’s spouse or surviving spouse, and a retiree’s dependent child or surviving dependent child:

(i) who is enrolled in a prescription drug benefit plan under Medicare; and

(ii) if the retiree:

1. began State service on or before June 30, 2011;

2. retired on or after January 1, 2020; and

3. is eligible under § 2–508 or § 2–509 of this subtitle to enroll and participate in the health insurance benefit options established under the Program.

(2) (i) Subject to subparagraph (ii) of this paragraph, on or before January 1, 2020, the Department shall establish a Maryland State Retiree Catastrophic Prescription Drug Assistance Program that reimburses a participant for out–of–pocket costs after the participant has entered catastrophic coverage under a prescription drug benefit plan under Medicare.

(ii) The Department may establish a maximum reimbursement amount for a retiree who qualifies for a partial State subsidy.

(3) The Maryland State Retiree Catastrophic Prescription Drug Assistance Program under paragraph (2) of this subsection may provide reimbursements through:

(i) a health reimbursement account established in accordance with § 105(h) of the Internal Revenue Code; or

(ii) another program that provides assistance with prescription drug costs.

(4) A retiree, a retiree’s spouse or surviving spouse, and a retiree’s dependent child or surviving dependent child may enroll in the Maryland State Retiree Catastrophic Prescription Drug Assistance Program during the open enrollment period or any special enrollment period for retiree health insurance benefit options.

(f) (1) This subsection applies only to a retiree, a retiree’s spouse or surviving spouse, and a retiree’s dependent child or surviving dependent child:

(i) who is enrolled in:

1. the Maryland State Retiree Prescription Drug Coverage Program established under subsection (d) of this section; or

2. the Maryland State Retiree Catastrophic Prescription Drug Assistance Program established under subsection (e) of this section; and

(ii) if the retiree is eligible under § 2–508 or § 2–509 of this subtitle to enroll and participate in the health insurance benefit options established under the Program.

(2) (i) On or before January 1, 2020, the Department shall establish a Maryland State Retiree Life–Sustaining Prescription Drug Assistance Program that reimburses a participant for out–of–pocket costs for a life–sustaining prescription drug that is:

1. covered by the prescription drug benefit plan in the health insurance benefit options established under the Program; and

2. not covered by the prescription drug benefit plan under Medicare in which the participant is enrolled.

(ii) The Department shall develop a list of the prescription drugs that qualify for reimbursement under subparagraph (i) of this paragraph.

(iii) The Department may establish maximum reimbursement amounts for a retiree who qualifies for a partial State subsidy.

(3) The Maryland State Retiree Life–Sustaining Prescription Drug Assistance Program established under paragraph (2) of this subsection may provide reimbursements through:

(i) a health reimbursement account established in accordance with § 105(h) of the Internal Revenue Code; or

(ii) another program that provides assistance with prescription drug costs.

(4) A retiree, a retiree’s spouse or surviving spouse, and a retiree’s dependent child or surviving dependent child shall be automatically enrolled in the Maryland State Retiree Life–Sustaining Prescription Drug Assistance Program on enrollment in:

(i) the Maryland State Retiree Prescription Drug Coverage Program established under subsection (d) of this section; or

(ii) the Maryland State Retiree Catastrophic Prescription Drug Assistance Program established under subsection (e) of this section.

(g) (1) Subject to paragraph (2) of this subsection, not later than July 1 of each year, the Secretary shall provide written certified notice of the change in the State prescription drug benefit plan under this section to the individuals who will become eligible in the next calendar year to enroll in the:

(i) Maryland State Retiree Prescription Drug Coverage Program;

(ii) Maryland State Retiree Catastrophic Prescription Drug Assistance Program; or

(iii) Maryland State Retiree Life–Sustaining Prescription Drug Assistance Program.

(2) The notice shall include information regarding:

(i) coverage options available in the Medicare prescription drug benefit plan, including options that are similar to the prescription drug benefit plan in the health insurance benefit options established under the Program;

(ii) the potential for significant penalties if an individual does not promptly choose a Medicare prescription drug benefit plan immediately on termination of the individual’s participation in the State prescription drug benefit plan;

(iii) the programs available under subsections (d), (e), and (f) of this section; and

(iv) any additional resources made available by the Department in accordance with this section.

(h) (1) The Department shall ensure Medicare–eligible retirees have access to one–on–one counseling services to assist retirees in selecting a Medicare prescription drug benefit plan.

(2) The Department shall develop a plan to communicate to Medicare–eligible retirees the availability of:

(i) the programs under subsections (d), (e), and (f) of this section; and

(ii) services and information regarding prescription drug benefit plans under Medicare.

(3) On or before December 31, 2019, the Department shall submit a report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on the plan developed under paragraph (2) of this subsection.

(4) The report required under paragraph (3) of this subsection shall include:

(i) options for providing one–on–one counseling, including:

1. in–person, over–the–phone, or web–based counseling;

2. the times at which one–on–one counseling will be available;

3. a plan to ensure equitable geographic access to one–on–one counseling; and

4. entering into a statewide contract with an employee benefits administrator or similar entity to provide one–on–one counseling services;

(ii) plans for holding seminars in every county of the State to provide information regarding eligibility for and available benefits under the programs established under subsections (d), (e), and (f) of this section;

(iii) plans for providing access to a web–based overview and interactive website that provide information on:

1. Medicare prescription drug benefit plans; and

2. subsidy and financial assistance programs for low–income individuals; and

(iv) plans for providing a toll–free hotline for reporting issues and concerns regarding the services provided in accordance with this paragraph.

(i) Subject to the requirements of § 13–108 of the State Finance and Procurement Article, the Department may make an emergency procurement for:

(1) staff required to carry out the provisions of this section; and

(2) a third party to administer health reimbursement accounts established under this section.

(j) The Department shall submit quarterly reports to the Governor and, in accordance with § 2–1257 of the State Government Article, the House Appropriations Committee, the Senate Budget and Taxation Committee, and the Joint Committee on Pensions, on:

(1) the status of establishing the programs under subsections (d), (e), and (f) of this section, including:

(i) the status of procuring any contracts necessary to operate the programs; and

(ii) the prescription drugs determined to qualify for reimbursement under the Maryland State Retiree Life–Sustaining Prescription Drug Assistance Program under subsection (f) of this section;

(2) the availability of one–on–one counseling services required under subsection (h) of this section;

(3) the details of the health reimbursement accounts or other programs to provide assistance with prescription drug costs for individuals enrolled in the programs under subsections (d), (e), and (f) of this section, including:

(i) the specific out–of–pocket costs eligible for reimbursement;

(ii) the required process for receiving reimbursement;

(iii) the method of reimbursement;

(iv) the timing of reimbursement; and

(v) a plan to use debit cards to process reimbursements in a convenient and efficient manner; and

(4) in total and by category for the previous quarter, the number of issues and concerns reported to the hotline.

(k) The Department shall adopt regulations to implement the provisions of this section.
Md. Code, Financial Institutions § 2-103 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

(a) With the approval of the Secretary of Labor, the Commissioner shall appoint:

(1) A Deputy Commissioner for Depository Activities; and

(2) A Deputy Commissioner for Non–Depository Activities.

(b) The Deputy Commissioners appointed under subsection (a) of this section serve at the pleasure of the Commissioner and are employees of the Commissioner’s office.

(c) (1) The Deputy Commissioner for Depository Activities shall have at least 5 years of experience in the regulation or management of financial institutions.

(2) The Deputy Commissioner for Non–Depository Activities shall have at least 5 years of experience in the regulation or management of persons required to be licensed or registered under this article or the Commercial Law Article.

(d) The Deputy Commissioners appointed under subsection (a) of this section are entitled to the salary provided in the State budget.

(e) In addition to any other powers and duties set forth in this article:

(1) The Deputy Commissioner for Depository Activities has the powers and duties of the Commissioner:

(i) To the extent delegated by the Commissioner;

(ii) If the office of the Commissioner is vacant; and

(iii) If for any reason the Commissioner is unable to perform the duties of the office; and

(2) The Deputy Commissioner for Non–Depository Activities has the powers and duties of the Commissioner to the extent delegated by the Commissioner.
Md. Code, Alcoholic Beverages and Cannabis § 2-115 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-115
§2–115.
Status: in_force

(a) There is a nonresident storage permit.

(b) The Executive Director may issue the permit to a nonresident dealer permit holder.

(c) The permit authorizes the holder to store alcoholic beverages in a licensed public storage warehouse in the State for subsequent shipment to:

(1) a holder of a wholesaler’s license;

(2) a holder of a manufacturer’s license; or

(3) a person outside the State.

(d) The permit holder may not ship alcoholic beverages unless:

(1) the invoice for the shipment originates from the out–of–state permit address of the permit holder; and

(2) the holder:

(i) ships the alcoholic beverages from the public storage warehouse in the State to the purchaser; and

(ii) concurrently transmits the invoice to the purchaser.

(e) (1) Each month the permit holder shall file a report of its storage and shipping activities with the Executive Director.

(2) The report shall be filed in the manner and on the form that the Executive Director provides.

(f) The permit fee is $500.
Md. Code, Tax - General § 2-605.3 — MD Code / Article gtg / Title 2 / Subtitle 6 / Section 2-605.3
§2–605.
Status: in_force

§2–605.3.

After making the distributions required under §§ 2–604, 2–605, 2–605.1, and 2–605.2 of this subtitle, from the remaining income tax revenue from individuals, the Comptroller shall distribute 37.5% of the income tax revenue attributable to the tax imposed under § 10–105(a)(3) of this article to the Transportation Trust Fund.
Md. Code, Public Safety § 2-703 — MD Code / Article gps / Title 2 / Subtitle 7 / Section 2-703
§2–703.
Status: in_force

(a) There is a Vehicle Theft Prevention Fund.

(b) (1) The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.

(2) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

(c) The Fund consists of:

(1) money received by the Fund under § 17-106 of the Transportation Article;

(2) money received by the Council or the Fund from any source; and

(3) investment earnings of the Fund.

(d) The money of the Fund shall be invested in the same manner as other State money.

(e) The Council shall spend money in the Fund in the following order of priority:

(1) to pay the expenses of the Council; and

(2) to carry out the purposes of this subtitle.

(f) When making grants from the Fund, the Council shall consider and prioritize the following entities and programs:

(1) State and local law enforcement agencies:

(i) to enhance vehicle theft enforcement and prevention teams or efforts; and

(ii) for programs designed to reduce the incidence of vehicle theft;

(2) local prosecutors and judicial agencies, for enhanced prosecution and adjudication of vehicle theft crime;

(3) neighborhood, community, or business organizations, for programs designed to reduce the incidence of vehicle theft;

(4) educational programs designed to inform motor vehicle owners of methods to prevent motor vehicle theft and to provide equipment, for experimental purposes, to enable motor vehicle owners to prevent motor vehicle theft;

(5) programs designed to reduce the incidence of vehicle theft and recidivism by juveniles; and

(6) programs designed to reduce or deter damage or vandalism to vehicles in connection with vehicle theft or theft of property from vehicles.

(g) To the extent practicable, the Council shall allocate grants made under this subtitle among the subdivisions of the State on a pro rata basis determined by the total number of vehicles registered in each subdivision divided by the total number of vehicles registered in the State.

(h) (1) Expenditures from the Fund may be made only:

(i) in accordance with the State budget; or

(ii) by the budget amendment procedure as provided in § 7-209 of the State Finance and Procurement Article, if at least 45 days have passed since the budget amendment and supporting information were submitted to the budget committees for their review and comment.

(2) The proposed budget and any budget amendment submitted to the General Assembly shall include an itemized list of each grant and other expenditure from the Fund to be made in the fiscal year.
Md. Code, Public Safety § 2-201 — MD Code / Article gps / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

There is a Department of State Police, established as a principal department of State government.
Md. Code, Commercial Law § 2-310 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-310
§2–310.
Status: in_force

Unless otherwise agreed

(a) Payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and

(b) If the seller is authorized to send the goods he may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (§ 2-513); and

(c) If delivery is authorized and made by way of documents of title otherwise than by subsection (b) then payment is due regardless of where the goods are to be received (i) at the time and place at which the buyer is to receive delivery of the tangible documents or (ii) at the time the buyer is to receive delivery of the electronic documents and at the seller’s place of business or if none, the seller’s residence; and

(d) Where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but postdating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.
Md. Code, Environment § 2-1303.4 — MD Code / Article gen / Title 2 / Subtitle 13 / Section 2-1303.4
§2–1303.
Status: in_force

§2–1303.4.

(a) In this section, “Working Group” means the Solar Photovoltaic Systems Recovery, Reuse, and Recycling Working Group of the Commission.

(b) The Commission shall establish a Solar Photovoltaic Systems Recovery, Reuse, and Recycling Working Group.

(c) The Working Group shall include:

(1) One member of the Senate of Maryland, appointed by the President of the Senate;

(2) One member of the House of Delegates, appointed by the Speaker of the House;

(3) The Secretary, or the Secretary’s designee;

(4) The Director of the Maryland Energy Administration, or the Director’s designee;

(5) The Secretary of Natural Resources, or the Secretary’s designee;

(6) One representative of the Public Service Commission, selected by the Chair of the Commission;

(7) One representative of the Chesapeake Climate Action Network, selected by the Chesapeake Climate Action Network;

(8) The following members, appointed by the Governor:

(i) One representative of an investor–owned electric company with customers in the State;

(ii) One representative of the utility–scale solar industry;

(iii) One representative of the community solar energy industry;

(iv) One representative of the distributed generation solar industry;

(v) One representative with expertise in solar photovoltaic systems recovery, reuse, and recycling; and

(vi) One individual with expertise in decommissioning energy–related projects; and

(9) Any other individual identified by the Commission.

(d) The Secretary shall designate the chair of the Working Group.

(e) The Department shall provide staff for the Working Group.

(f) A member of the Working Group:

(1) May not receive compensation as a member of the Working Group; but

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

(g) The Working Group shall:

(1) Review solar photovoltaic systems currently used in the State, including:

(i) Examining the expected economically productive life cycle of the systems;

(ii) Reviewing the materials that are used, have been used, or may be used in solar photovoltaic systems sold in the State, including identifying materials that can be recycled or that exhibit any characteristics of hazardous waste under State or federal law; and

(iii) Identifying the number of solar photovoltaic systems in use and estimating the potential impacts on the State’s landfill capacity of disposing the systems in the State’s landfills;

(2) Review other programs on solar photovoltaic systems recycling, disposal, and decommissioning;

(3) Identify ongoing and recent studies related to solar photovoltaic systems recycling, life–cycle analysis, and end–of–life programs;

(4) Review industry–approved best practices for managing end–of–life solar photovoltaic systems and their components, including the extent to which the systems and components may be:

(i) If not damaged or in need of repair, reused for a similar purpose;

(ii) If not substantially damaged, refurbished and reused for a similar purpose;

(iii) Recycled and the components recovered for reuse;

(iv) For components that do not exhibit any characteristics of hazardous waste under State or federal law, safely disposed of in a construction and demolition or municipal solid waste landfill; and

(v) For components that exhibit any characteristics of hazardous waste under State or federal law, safely disposed of in accordance with State and federal requirements;

(5) Perform an economic analysis to determine the potential impact of solar photovoltaic systems recovery, reuse, and recycling on ratepayers, including a comparison to the economic impact on ratepayers of decommissioning, storing waste, and other costs associated with the end of life of other forms of energy generation;

(6) Perform an impact assessment to examine the environmental impacts of various solar photovoltaic systems’ end–of–life scenarios, including the scenarios specified under item (4) of this subsection, compared to the life–cycle environmental impacts of nonsolar energy generation sources in the State, including the environmental impacts of decommissioning, disposal, and long–term waste storage;

(7) Perform an impact assessment to examine the environmental and economic benefits of generating energy from solar photovoltaic systems, including a comparison to the environmental and economic benefits of nonsolar energy generation sources in the State;

(8) Examine and recommend infrastructure needed to develop a practical, effective, and cost–efficient method for collecting and transporting end–of–life solar photovoltaic modules for reuse, refurbishment, recycling, or disposal;

(9) Analyze whether financing mechanisms, including advance recovery fees, recycling and disposal fees, and product stewardship programs, are necessary to ensure proper end–of–life management of solar photovoltaic systems; and

(10) Recommend financing mechanisms analyzed under item (9) of this subsection that best support a circular economy approach.

(h) On or before December 31, 2023, the Working Group shall report its findings and recommendations to the Commission and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Agriculture § 2-315 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-315
§2–315.
Status: in_force

(a) The Board may bring an action for an injunction against a person who violates any provision of this subtitle.

(b) An action for an injunction under this section is in addition to, and not instead of, disciplinary actions taken under § 2-310 of this subtitle or the imposition of civil penalties under § 2-310.1 of this subtitle.
Md. Code, Financial Institutions § 2-102 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) The Commissioner is appointed by the Secretary of Labor with the approval of the Governor and the advice and consent of the Senate.

(b) The Commissioner serves at the pleasure of the Secretary of Labor.

(c) The Commissioner shall have at least 5 years of experience in state or national banking regulation or management, which may include service as a bank director.

(d) The Commissioner is entitled to the salary provided in the State budget.
Md. Code, Commercial Law § 2A-308 — MD Code / Article gcl / Title 2A / Subtitle 3 / Section 2A-308
§2A–308.
Status: in_force

(1) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent or voids the lease contract under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent and does not void the lease contract.

(2) Nothing in this title impairs the rights of creditors of a lessor if the lease contract (a) becomes enforceable, not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security, or the like, and (b) is made under circumstances which under any statute or rule of law apart from this title would constitute the transaction a fraudulent transfer or voidable preference.

(3) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith.
Md. Code, Correctional Services § 2-404 — MD Code / Article gcs / Title 2 / Subtitle 4 / Section 2-404
§2–404.
Status: in_force

At the request of the Secretary of Public Safety and Correctional Services, the Secretary of Juvenile Services, or the head of any correctional unit, a staff person of a correctional unit who has been trained and certified by the Correctional Training Commission in the care, custody, and control of individuals may function at the location in need under a mutual aid agreement.
Md. Code, State Government § 2-601 — MD Code / Article gsg / Title 2 / Subtitle 6 / Section 2-601
§2–601.
Status: in_force

In this subtitle, “Committee” means the Joint Audit and Evaluation Committee.
Md. Code, State Personnel and Pensions § 2-301 — MD Code / Article gsp / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

(a) In keeping with State efforts to reinvent government, restructuring of the State’s personnel system should enhance the delivery of services to citizens in an effective and timely manner.

(b) To maintain efficient and effective operations of State government, each State employee:

(1) shall be treated with fairness in State employment;

(2) may participate in the State Health and Welfare Benefits Program in accordance with Subtitle 5 of this title;

(3) may participate in the State Retirement and Pensions Systems in accordance with Division II of this article;

(4) subject to Title 9, Subtitle 6 of this article, may participate in the State Employees' Leave Bank and the Employee-to-Employee Leave Donation Program;

(5) who transfers to a position in any unit of State government, regardless of the personnel system governing the position, shall do so without loss of leave earned or credit for State employment in other units of State government; and

(6) is entitled to the rights and protections in this title.
Md. Code, Criminal Procedure § 2-204 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(a) A police officer without a warrant may arrest a person if:

(1) the police officer has probable cause to believe that:

(i) the person battered the person’s spouse or another person with whom the person resides;

(ii) there is evidence of physical injury; and

(iii) unless the person is arrested immediately, the person:

1. may not be apprehended;

2. may cause physical injury or property damage to another; or

3. may tamper with, dispose of, or destroy evidence; and

(2) a report to the police was made within 48 hours of the alleged incident.

(b) If the police officer has probable cause to believe that mutual battery occurred and arrest is necessary under subsection (a) of this section, the police officer shall consider whether one of the persons acted in self-defense when determining whether to arrest the person whom the police officer believes to be the primary aggressor.
Md. Code, Commercial Law § 2A-528 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-528
§2A–528.
Status: in_force

(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 2A–504) or otherwise determined pursuant to agreement of the parties (§§ 1–302 and 2A–503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under § 2A–527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in § 2A–523(1) or § 2A–523(3)(a), or, if agreed, for other default of the lessee (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under § 2A–530, less expenses saved in consequence of the lessee’s default.

(2) If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under § 2A-530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
Md. Code, State Government § 2-1506 — MD Code / Article gsg / Title 2 / Subtitle 15 / Section 2-1506
§2–1506.
Status: in_force

When the General Assembly passes a bill, it shall be returned to the house of origin.
Md. Code, Tax - General § 2-613.1 — MD Code / Article gtg / Title 2 / Subtitle 6 / Section 2-613.1
§2–613.
Status: in_force

§2–613.1.

After making the distribution required under § 2–613 of this subtitle, of the remaining income tax revenue from corporations, the Comptroller shall distribute:

(1) 6% to the Higher Education Investment Fund established under § 15–106.6 of the Education Article; and

(2) 9.15% to the General Fund.
Md. Code, Courts and Judicial Proceedings § 2-329 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-329
§2–329.
Status: in_force

(a) This section applies only in Montgomery County.

(b) It is the intent of the General Assembly to:

(1) Protect the right to bargain of the Montgomery County Executive and the Montgomery County Sheriff;

(2) Preserve a single master collective bargaining agreement to the extent that a single exclusive bargaining representative represents multiple units of employees covered under the Montgomery County Collective Bargaining Law; and

(3) Streamline, facilitate, and make more effective the collective bargaining process by ensuring that there shall be a single collective bargaining agreement with both the Montgomery County government and the Montgomery County Sheriff’s Office if a single exclusive bargaining representative represents both county government employees and employees of the Sheriff’s Office.

(c) (1) The Sheriff of Montgomery County shall receive a salary, subject to § 35 of Article III of the Maryland Constitution, and an allowance for expenses, as the County Council of Montgomery County provides in its annual budget.

(2) (i) The County Council shall provide an automobile for the use of the Sheriff and deputy sheriffs for the general public work of the office.

(ii) The expense of operating the automobile shall be paid by the county.

(d) (1) The Sheriff may appoint two full–time assistant sheriffs and the number of deputies provided in the county budget.

(2) The Sheriff shall also appoint the other clerical and administrative employees provided in the county budget, all of whom shall be paid by the county.

(3) (i) With the exception of the assistant sheriffs, all full–time deputy sheriffs of all ranks may, on appointment, be required by the Sheriff to serve a probationary period of 12 months following attainment of sworn status.

(ii) Civilian employees may, on appointment, be required by the Sheriff to serve a probationary period of 6 months.

(iii) The probationary period may be extended by the Sheriff for reasonable cause in accordance with an applicable collective bargaining agreement.

(iv) During the probationary period, the determination of the employee’s qualifications and ability to serve in the position of a permanent, nonprobationary employee shall be within the exclusive discretion of the Sheriff, subject to the county merit system laws and personnel regulations.

(e) (1) (i) The Sheriff shall fix the compensation of, and may discharge, the deputy sheriffs, and other employees appointed, subject to budget limitations, the county merit system law, personnel regulations, or applicable collective bargaining agreement.

(ii) The Sheriff shall fix the compensation of the assistant sheriffs subject to budget limitations.

(2) (i) Except for the assistant sheriffs, personnel appointed by the Sheriff shall be considered for all purposes as county merit system employees and subject to the county merit system law, personnel regulations, and applicable collective bargaining agreement.

(ii) Assistant sheriffs shall serve at the pleasure of the Sheriff and shall meet the qualifications of the Maryland Police Training and Standards Commission standards for law enforcement officers.

(f) (1) Nonprobationary deputy sheriffs below the rank of lieutenant and nonprobationary civilian employees as defined in the Montgomery County Code, § 33–102(4), shall have the right to organize and bargain collectively in accordance with the Montgomery County Code, Chapter 33, Article VII, with regard to compensation, pension for active employees, fringe benefits, hours, and terms and conditions of employment, including performance evaluation procedures.

(2) Employees, other than the assistant sheriffs, are subject to the county merit system law and personnel regulations and may be excluded from those provisions only to the extent that the applicability of those provisions is made the subject of collective bargaining.

(3) (i) As to the employees described in paragraph (1) of this subsection, the County Executive shall be considered the employer of the employees under the Montgomery County Code, Chapter 33, Article VII, only for the purpose of collective bargaining for compensation, pension, fringe benefits, and hours.

(ii) If a single bargaining representative represents both county government employees and employees of the Sheriff’s Office, any and all terms and conditions of employment set forth in any current and subsequent collective bargaining agreement between the county government and the bargaining representative shall be applicable to employees of the Sheriff’s Office unless different terms and conditions of employment are negotiated by the Sheriff in accordance with paragraph (4) of this subsection.

(4) (i) The Sheriff shall be considered the employer for all other purposes and shall be considered the employer under the Montgomery County Code, Chapter 33, Article VII, for all other terms and conditions of employment.

(ii) If a single bargaining representative represents both county government employees and employees of the Sheriff’s Office, the Sheriff shall bargain only over particular matters, not involving compensation, pension, fringe benefits, and hours, applicable to employees of the Sheriff’s Office.

(iii) If the Sheriff and the bargaining representative disagree over whether a matter is applicable to employees of the Sheriff’s Office, the dispute shall be resolved by the Labor Relations Administrator appointed under Chapter 33, Article VII of the Montgomery County Code, following the procedures for the resolution of prohibited practices charges and consistent with the General Assembly’s intent to preserve a single master collective bargaining agreement.

(iv) If the Sheriff and the bargaining representative are unable to reach an agreement during negotiations on matters applicable to employees of the Sheriff’s Office, the procedures for declaring an impasse and submitting a dispute to binding arbitration shall be conducted in accordance with Chapter 33, Article VII of the Montgomery County Code.

(5) There shall be only one collective bargaining agreement covering both county government employees and employees of the Sheriff’s Office and any agreements reached under this paragraph shall be included in an appendix or addendum to the agreement between the county government and the bargaining representative.

(6) Any required funding for the terms of an agreement negotiated by the Sheriff under this subsection is subject to the budget and fiscal policies of the county.

(7) Except as provided in the county merit system law and personnel regulations, the provisions of this subsection and any agreement made under it may not impair the right and responsibility of the Sheriff to:

(i) Determine the overall mission of the Sheriff’s Office and, subject to the budget and fiscal policies of the county, the Sheriff’s Office budget;

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

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

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

(v) Direct and supervise employees;

(vi) Hire and select new employees;

(vii) Establish the standards governing promotion of employees, subject to the county merit system law and personnel regulations;

(viii) Relieve employees from duties because of lack of work or funds or under conditions when the employer determines continued work would be inefficient or nonproductive;

(ix) Take actions to carry out the mission of government in situations of emergency;

(x) Transfer, assign, and schedule employees;

(xi) Determine the size and composition of the workforce, subject to the county’s budget and fiscal policies;

(xii) Set the standards of productivity and technology;

(xiii) Establish employee performance standards and evaluate employees;

(xiv) Make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards, subject to the budget and fiscal policies of the county;

(xv) Introduce new or improved technology, research, development, and services;

(xvi) Control and regulate the use of machinery, equipment, and other property and facilities of the Sheriff’s Office;

(xvii) Maintain internal security standards;

(xviii) Create, alter, combine, contract out, or abolish any operation, unit, or other division or service, except that:

1. Contracting out work that will displace employees may not be undertaken by the employer unless 90 days prior to signing the contract, or on another date of notice as agreed to by the parties, written notice has been given to the certified representative and the contracting out of work shall be consistent with any applicable provision of the Montgomery County Code; and

2. Any displacement of bargaining unit members shall be conducted in a manner that is consistent with any applicable provision of the Montgomery County Code and any applicable collective bargaining agreement;

(xix) Suspend, discharge, or otherwise discipline:

1. Sworn employees for cause under Title 3, Subtitle 1 of the Public Safety Article; and

2. Civilian employees, subject to the county merit system law and collective bargaining agreement where applicable, provided that, subject to § 404 of the Montgomery County Charter, any action to suspend, discharge, or otherwise discipline a civilian employee may be subject to the grievance procedure set forth in the collective bargaining agreement; and

(xx) Issue and enforce rules, policies, and regulations necessary to carry out the functions of this paragraph and all other managerial functions that are not inconsistent with law or the terms of the collective bargaining agreement.

(g) (1) Each assistant sheriff whose duty assignment requires the use of a motor vehicle shall:

(i) Be reimbursed in such amounts as shall be set forth in the budget for expenses for traveling, transportation, or use of motor vehicles; or

(ii) Be allowed the use of a publicly owned motor vehicle.

(2) Each deputy sheriff whose duty assignment requires the use of a motor vehicle shall:

(i) Be reimbursed in an amount set forth in an applicable collective bargaining agreement for expenses for traveling, transportation, or use of motor vehicles; or

(ii) Be allowed use of a publicly owned motor vehicle.

(h) Deputy sheriffs are not entitled to any additional compensation for rendering services incident to their office.

(i) The County Council shall levy and collect annual taxes on the assessable property in the county in an amount sufficient to pay the salaries and allowances of the Sheriff and deputy sheriffs.
Md. Code, Alcoholic Beverages and Cannabis § 2-125 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-125
§2–125.
Status: in_force

(a) There is a resident dealer’s permit.

(b) (1) Subject to paragraph (2) of this subsection, the Executive Director may issue the permit to:

(i) an importer of beer, wine, or distilled spirits produced outside the United States that:

1. purchases directly from the brand owner or from a sales agent of a bottler, brewer, distiller, manufacturer, rectifier, vintner, or winery;

2. is authorized by the brand owner to sell in the State; and

3. provides proof of the sales agency relationship to the Executive Director; or

(ii) an American sales agent of an importer under item (i) of this paragraph, on presentation of proof of the sales agency relationship to the Executive Director.

(2) An individual applicant, an applicant qualifying as a resident applicant for a corporation, or each applicant for a partnership is not eligible for the permit unless the individual is a resident of the State at the time the application is filed and remains a resident for the duration of time the permit is in effect.

(c) The Executive Director may not issue the permit to a person that:

(1) is a holder of a wholesaler’s license or retail license;

(2) has an interest in a wholesaler licensed under this article; or

(3) has an interest in any retail license holder.

(d) The permit authorizes the holder to sell alcoholic beverages to:

(1) a holder of a wholesaler’s license; or

(2) a person outside the State that the Executive Director authorizes to acquire the alcoholic beverages.

(e) The permit holder may not own or operate a warehouse in the State.

(f) The permit fee is $200.
Md. Code, Tax - Property § 2-220 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-220
§2–220.
Status: in_force

The Department shall pay the amount received by the Department in payment of annual filing fees of Maryland corporations under § 1-203 of the Corporations and Associations Article into the General Fund of the State.
Md. Code, Transportation § 2-702 — MD Code / Article gtr / Title 2 / Subtitle 7 / Section 2-702
§2–702.
Status: in_force

It is the intent of the General Assembly that the Department shall:

(1) Consider sustainable communities as it considers annual revisions under the Consolidated Transportation Program in § 2–103.1(b) through (f) of this title; and

(2) Twice a year consult with the Sustainable Growth Subcabinet established under § 9–1406 of the State Government Article on how the Department may work cooperatively to make mutual investments towards creating and supporting sustainable communities across the State.
Md. Code, Environment § 2-1206 — MD Code / Article gen / Title 2 / Subtitle 12 / Section 2-1206
§2–1206.
Status: in_force

In developing and implementing the plans required by § 2–1205 of this subtitle, the Department shall:

(1) Analyze the feasibility of measures to comply with the greenhouse gas emissions reductions required by this subtitle;

(2) Consider the impact on rural communities of any transportation related measures proposed in the plans;

(3) Provide that a greenhouse gas emissions source that voluntarily reduces its greenhouse gas emissions before the implementation of this subtitle shall receive appropriate credit for its early voluntary actions;

(4) Provide for the use of offset credits generated by alternative compliance mechanisms executed within the State, including carbon sequestration projects, to achieve compliance with greenhouse gas emissions reductions required by this subtitle;

(5) Ensure that the plans do not decrease the likelihood of reliable and affordable electrical service and statewide fuel supplies;

(6) Consider whether the measures would result in an increase in electricity costs to consumers in the State;

(7) Consider the impact of the plans on the ability of the State to:

(i) Attract, expand, and retain commercial aviation services; and

(ii) Conserve, protect, and retain agriculture;

(8) Ensure that the greenhouse gas emissions reduction measures implemented in accordance with the plans:

(i) Are implemented in an efficient and cost–effective manner;

(ii) Do not disproportionately impact rural or low–income, low– to moderate–income, or minority communities or any other particular class of electricity ratepayers;

(iii) Minimize leakage;

(iv) Are quantifiable, verifiable, and enforceable;

(v) Directly cause no loss of existing jobs in the manufacturing sector;

(vi) Produce a net economic benefit to the State’s economy and a net increase in jobs in the State, as compared with a no–action scenario; and

(vii) Encourage new employment opportunities in the State related to energy conservation, alternative energy supply, and greenhouse gas emissions reduction technologies, particularly in areas of the State experiencing a combination of urban heat and climate impacts;

(9) Incorporate top–down methane emissions data acquired through aircraft observations; and

(10) Use the best available scientific information, as included in the most recent assessments and reports of the Intergovernmental Panel on Climate Change.
Md. Code, Alcoholic Beverages and Cannabis § 2-209 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-209
§2–209.
Status: in_force

(a) There is a Class 7 micro–brewery license.

(b) Except as provided in Division II of this article, the license may be issued only to the holder of a Class B beer, wine, and liquor (on–sale) license that is issued for use on the premises of a restaurant.

(c) A license holder may:

(1) brew and bottle malt beverages at the location described in the license;

(2) obtain a Class 2 rectifying license for a premises located within 1 mile of the existing Class 7 micro–brewery location to bottle malt beverages brewed at the micro–brewery location only;

(3) contract to brew and bottle malt beverages with and on behalf of the holder of a Class 2 rectifying license, Class 5 brewery license, Class 7 micro–brewery license, Class 8 farm brewery license, or a nonresident dealer’s permit;

(4) store the finished product under an individual storage permit or at a licensed public storage facility for subsequent sale and delivery:

(i) to a holder of a wholesaler’s license;

(ii) to an authorized person outside the State; or

(iii) for shipment back to the micro–brewery location for sale on the retail premises;

(5) enter into a temporary delivery agreement with a distributor only for delivery of beer to a beer festival or a wine and beer festival, and the return of any unused beer, if:

(i) the festival is in a sales territory for which the license holder does not have a franchise with a distributor under the Beer Franchise Fair Dealing Act in Title 5, Subtitle 1 of this article; and

(ii) the temporary delivery agreement is in writing;

(6) hold an additional Class 7 micro–brewery license provided that both licenses remain subject to the production limits of subsection (d) of this section; and

(7) subject to subsection (d) of this section, brew and bottle malt beverages at a location listed on a permit issued in accordance with § 2–113 of this title.

(d) (1) Subject to paragraph (2) of this subsection, a license holder may not collectively brew, bottle, or contract for more than 45,000 barrels of malt beverages each calendar year.

(2) (i) In determining the barrelage limitation under paragraph (1) of this subsection, any salable beer produced under a contractual arrangement accrues only to the license holder that owns the brand.

(ii) A license holder that wishes to produce more than the barrelage authorized under paragraph (1) of this subsection shall:

1. divest itself of any retail license; and

2. obtain a Class 5 brewery license.

(3) A license holder that has licenses for two locations may not collectively brew, bottle, or contract for more than 45,000 barrels of malt beverages in aggregate from both of its locations each calendar year.

(e) A license holder:

(1) may not own, operate, or be affiliated with another manufacturer of beer except for a Class 2 rectifying license authorized under subsection (c)(2) of this section or more than one additional Class 7 micro–brewery license; and

(2) may not be granted a wholesaler’s license other than a Class 7 limited beer wholesaler’s license.

(f) (1) The on–sale privilege authorizes the license holder, each calendar year, to sell at retail for on–premises consumption:

(i) up to 5,000 barrels of beer brewed under the license; or

(ii) if the license holder has licenses for two locations, beer that:

1. totals annually up to 5,000 barrels at each location; and

2. has been brewed at the location where it is sold.

(2) A license holder may sell and deliver beer brewed under the license to:

(i) a holder of a wholesaler’s license; or

(ii) a person outside the State that is authorized to acquire beer.

(g) The hours and days for retail sales under the license are those established for a Class B license or for a holder of a Class B beer, wine, and liquor license.

(h) A license holder may sell at retail beer brewed under the license for off–premises consumption:

(1) in a sealed refillable container that:

(i) may be returned for refilling; and

(ii) shall be sealed by the license holder when refilled; and

(2) as prepackaged beer in a nonrefillable container.

(i) The annual license fee:

(1) shall be determined by the Executive Director; and

(2) may not exceed $500.

(j) (1) On or before December 1 each year, the Commission shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article, on the following, identified by jurisdiction and Class 7 license holder:

(i) the total beer production of the license holder in the preceding fiscal year; and

(ii) the total sales of the license holder for on–site consumption.

(2) Each holder of a Class 7 license shall report to the Executive Director the information needed to prepare the annual report required under this subsection.

(3) The Commission shall include the information reported under this subsection in the annual report submitted under § 1–316 of this article.
Md. Code, Financial Institutions § 2-114 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-114
§2–114.
Status: in_force

(a) The Commissioner may:

(1) Make public or private investigations as the Commissioner considers necessary to:

(i) Determine whether a person has violated a provision of law, regulation, rule, or order over which the Commissioner has jurisdiction; or

(ii) Aid in the enforcement of a law or in the prescribing of regulations, rules, and orders over which the Commissioner has jurisdiction;

(2) Require or permit a person to file a statement in writing, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning the matter to be investigated; and

(3) Subject to the provisions of Title 4 of the General Provisions Article:

(i) Deny records of an investigation; or

(ii) Publish information concerning a violation of a law, regulation, rule, or order over which the Commissioner has jurisdiction.

(b) For the purpose of an investigation or proceeding, the Commissioner or an officer designated by the Commissioner may administer oaths and affirmations, subpoena witnesses, compel witness attendance, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records that the Commissioner considers relevant or material to the inquiry.

(c) (1) In case of contumacy by or refusal to obey a subpoena issued to a person, the circuit court of the county in which the person resides or transacts business, on application by the Commissioner, may issue to the person an order requiring the person to appear before the Commissioner or the officer designated by the Commissioner to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question.

(2) Failure to obey the order of the court may be punished by the court as a contempt of court.