Md. Code, Estates and Trusts § 14-403 — MD Code / Article get / Title 14 / Subtitle 4 / Section 14-403
§14–403.
Status: in_force

(a) Any person having the right to transfer property to another person may create a trust as a transferor under this subtitle.

(b) The transferor may:

(1) As declarant serve as trustee;

(2) Designate a trustee;

(3) Designate how the trustee will be chosen;

(4) Designate successor trustees in the order in which they will serve; and

(5) Designate how successor trustees will be chosen.

(c) The trustee shall hold, manage, expend, and transfer trust property as provided in this subtitle.

(d) The successor trustee shall assume the responsibilities of the trustee when the trustee is no longer willing or able to serve.

(e) A trust may have only one beneficiary but more than one trustee.

(f) A trustee:

(1) Is not personally liable to a third person:

(i) On a contract properly entered into in a fiduciary capacity unless the trustee fails to reveal that capacity or to identify the trust in the contract; or

(ii) For an obligation arising from control of trust property or for a tort committed in the course of the administration of the trust, unless the trustee is personally at fault;

(2) May decline to serve as trustee before accepting trust property by notifying in writing the person who designated the trustee, or that person’s legal representative; and

(3) May resign as trustee by notifying the successor trustee in writing, transferring all trust property to the successor trustee, providing the successor trustee with a complete accounting of trust property, and confirming that the successor trustee has accepted the trust property.

(g) The next willing successor trustee in line shall accept the records and trust property and become trustee as soon as practicable after:

(1) The resignation of the trustee;

(2) The declination of the trustee;

(3) The death of the trustee; or

(4) The removal of the trustee.

(h) If the trustee is unable or unwilling to serve and no successor trustee will serve, the following persons in the order listed may petition the court to designate a successor trustee:

(1) The transferor or the legal representative of the transferor;

(2) The trustee;

(3) The beneficiary or the beneficiary’s legal representative;

(4) The guardian of the person of the beneficiary;

(5) An adult member of the beneficiary’s family or that family member’s legal representative; or

(6) A person interested in the trust property or a person interested in the welfare of the beneficiary, either of whom the court determines to have a legitimate interest.

(i) Unless renounced by the transferor, the transferor may at any time remove or change the designation of the trustee and successor trustees.
Md. Code, Commercial Law § 14-4704 — MD Code / Article gcl / Title 14 / Subtitle 47 / Section 14-4704
§14–4704.
Status: in_force

A person may not:

(1) Provide an employee or a contractor access to consumer health data unless:

(i) The employee or contractor is subject to a contractual or statutory duty of confidentiality; or

(ii) Confidentiality is required as a condition of employment of the employee;

(2) Provide a processor access to consumer health data unless the person providing access to the consumer health data and the processor comply with § 14–4708 of this subtitle; or

(3) Use a geofence to establish a virtual boundary that is within 1,750 feet of any mental health facility or reproductive or sexual health facility for the purpose of identifying, tracking, or collecting data from, or sending any notification to a consumer regarding the consumer’s consumer health data.
Md. Code, Alcoholic Beverages and Cannabis § 14-1507 — MD Code / Article gab / Title 14 / Subtitle 15 / Section 14-1507
§14–1507.
Status: in_force

A license holder may exchange the license for any other license for the same premises by complying with the application procedures of this title and paying the license fees.
Md. Code, Agriculture § 14-309 — MD Code / Article gag / Title 14 / Subtitle 3 / Section 14-309
§14–309.
Status: in_force

(a) (1) A person may not knowingly:

(i) Fail to comply with the Department’s plan for monitoring and regulating the production of hemp established under § 14–305 of this subtitle;

(ii) Misrepresent or fail to provide the legal description of land on which hemp is produced;

(iii) Produce hemp without a valid license; or

(iv) Produce plants, or any part of a plant, that exceeds a delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis.

(2) The Department shall report a person that knowingly violates this subtitle to the Attorney General and the U.S. Attorney.

(b) (1) If the Department determines that a person negligently violated this subtitle, the Department shall require the person to correct the violation, including requiring that:

(i) The violation be corrected by a reasonable date; and

(ii) The person report to the Department, at a frequency determined by the Department and for a period of not less than 2 calendar years, to verify compliance with this subtitle.

(2) If a person is found by the Department to have negligently violated this subtitle three times in a 4–year period, the person may not produce hemp in the State for a period of 5 years beginning on the date of the third violation.
Md. Code, Public Safety § 14-3A-08 — MD Code / Article gps / Title 14 / Subtitle 3A / Section 14-3A-08
§14–3A–08.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, a person may not knowingly and willfully fail to comply with an order, requirement, or directive issued under this subtitle.

(2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

(b) (1) A health care practitioner, as defined in § 19–114(e) of the Health – General Article, may not knowingly and willfully fail to comply with § 14–3A–03(c) of this subtitle.

(2) A health care practitioner who fails to comply with paragraph (1) of this subsection shall be subject to discipline under § 1–219 of the Health Occupations Article.
Md. Code, Estates and Trusts § 14-620 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-620
§14–620.
Status: in_force

(a) The decanting power may be exercised for a trust established under § 14.5–407 of this article to the same extent that the decanting power could be exercised if each animal benefitting from the trust were a person.

(b) Notwithstanding any other provision of this title, in an exercise of the decanting power under this section, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal.
Md. Code, Commercial Law § 14-2702 — MD Code / Article gcl / Title 14 / Subtitle 27 / Section 14-2702
§14–2702.
Status: in_force

(a) A manufacturer who sells a new motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express written warranty for the new motorized wheelchair warranting parts and performance.

(b) The duration of the express written warranty may not be less than 1 year after first delivery of the new motorized wheelchair to the consumer.

(c) If a manufacturer fails to furnish an express written warranty as required by this section, the new motorized wheelchair shall be covered by an express warranty, as if the manufacturer had furnished an express written warranty to the consumer as required by this section.
Md. Code, Commercial Law § 14-2806 — MD Code / Article gcl / Title 14 / Subtitle 28 / Section 14-2806
§14–2806.
Status: in_force

(a) Each person that is engaged in the State in the business of telephone solicitation or door-to-door sales of products made by the blind shall:

(1) Register with Blind Industries and Services of Maryland; and

(2) Obtain a permit for each person selling or soliciting the sale of products made by the blind.

(b) A product made by the blind may not be sold in the State unless the seller holds a valid permit issued under this section.

(c) Unless earlier revoked for good cause shown, a permit issued under this section is valid for 1 year.

(d) The fee for each permit and each renewal of a permit shall be:

(1) 50 cents for a person that resides or has its main office in the State; and

(2) $5.00 for a person that does not reside or have its main office in the State.

(e) (1) Blind Industries and Services of Maryland shall investigate, under rules and regulations that it adopts for the administration of this subtitle, each application filed under this section to ensure that the applicant actually is engaged in the manufacture or distribution of products made by the blind.

(2) Blind Industries and Services of Maryland may register, without investigation, nonresident persons and out-of-state associations and corporations on proof that the persons, associations, or corporations are recognized and approved by the state of their residence or organization under a law of that state that imposes requirements substantially similar to those prescribed under this subtitle.

(f) A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 30 days or both.
Md. Code, Health Occupations § 14-5E-12 — MD Code / Article gho / Title 14 / Subtitle 5E / Section 14-5E-12
§14–5E–12.
Status: in_force

A license authorizes an individual to practice perfusion in this State while the license is effective.
Md. Code, Insurance § 14-108 — MD Code / Article gin / Title 14 / Subtitle 1 / Section 14-108
§14–108.
Status: in_force

A corporation subject to this subtitle may not issue contracts for the rendering of health care services to subscribers unless the Commissioner has issued a certificate of authority to the corporation authorizing it to do so.
Md. Code, Commercial Law § 14-901 — MD Code / Article gcl / Title 14 / Subtitle 9 / Section 14-901
§14–901.
Status: in_force

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

(b) “Advertisement” has the meaning stated in § 13-101(b) of this article.

(c) “Disclosure statement” means the form provided by the Attorney General for the purpose of disclosing to consumers practices relating to the preparation, handling, and sale of any unpackaged food represented to be kosher, kosher for Passover, or prepared or maintained under rabbinical or other kosher supervision.

(d) “Division” means the Division of Consumer Protection of the Office of the Attorney General.

(e) (1) “Food” or “food product” means any food, food product, or food preparation, whether:

(i) Raw, solid or liquid; or

(ii) Prepared for human consumption.

(2) “Food” or “food product” includes:

(i) Any meat, meat product, or meat preparation;

(ii) Any milk, milk product, or milk preparation;

(iii) Any poultry or poultry product; and

(iv) Any alcoholic or nonalcoholic beverage.

(f) “Kosher” includes foods prepared for the festival of Passover and termed as “kosher for Passover”.

(g) “Meat” includes any meat product or meat preparation.

(h) (1) “Mezuzah” means the Jewish religious article that, according to Jewish law, is designed to be attached to the doorpost of a room in a home.

(2) “Mezuzah” includes:

(i) The parchment or other material on which passages from the Bible are to be written; and

(ii) The writing on that parchment or other material.

(i) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(j) “Poultry” includes any poultry product or poultry preparation.

(k) (1) “Represents to the public” means any direct or indirect statement, orally or written, and any letter, word, sign, emblem, insignia, or mark which could reasonably lead a consumer to believe that a representation is being made that the final food product sold to the consumer is kosher, kosher for Passover, or prepared or maintained under rabbinical or other kosher supervision.

(2) “Represents to the public” includes any advertisement.

(l) (1) “Tefillin” means the Jewish religious article, also known as “phylacteries”, that, according to Jewish law, is designed to be worn on the upper arm and head during morning prayers.

(2) “Tefillin” includes:

(i) The parchment or other material on which passages from the Bible are to be written;

(ii) The writing on that parchment or other material;

(iii) The capsules in which the parchment or other material is contained; and

(iv) The straps attached to the capsules.
Md. Code, State Finance and Procurement § 14-805 — MD Code / Article gsf / Title 14 / Subtitle 8 / Section 14-805
§14–805.
Status: in_force

(a) A contractor that is awarded a contract for a covered procurement under this subtitle who fails to use apprentices from a registered apprenticeship program or interns from an eligible internship program as provided in the bid or proposal shall be liable for an amount as specified by the criteria established under § 14–804 of this subtitle.

(b) A unit shall report alleged violations of this subtitle to the Department as specified in the criteria established under § 14–804 of this subtitle.

(c) The Department shall report alleged violations of this subtitle to the Office of the Attorney General, which shall determine whether to bring a civil action against a person or business for a violation of this subtitle.

(d) Penalties shall be recoverable in civil actions and paid to the State Apprenticeship Training Fund established under § 17–602 of this article, unless otherwise required by federal law.

(e) The Secretary may file suit to enforce this subtitle in any court of competent jurisdiction.

(f) In an action filed under this section, the court shall require the contractor to pay the amount required by subsection (a) of this section, including interest, reasonable attorney’s fees, and court costs.
Md. Code, Alcoholic Beverages and Cannabis § 14-1704 — MD Code / Article gab / Title 14 / Subtitle 17 / Section 14-1704
§14–1704.
Status: in_force

The Board may waive the residency requirement for applicants for a license if the applicant for the transfer:

(1) is the purchaser and proprietor of the establishment for which the transfer is sought; and

(2) can submit to the satisfaction of the Board:

(i) proper persons who know the applicant and can vouch for the good character of the applicant; or

(ii) other evidence that the applicant is a fit and proper person to hold the license.
Md. Code, Health Occupations § 14-5E-19 — MD Code / Article gho / Title 14 / Subtitle 5E / Section 14-5E-19
§14–5E–19.
Status: in_force

(a) Subject to subsection (c) of this section, on the application of an individual whose license has been revoked, a disciplinary panel, on the affirmative vote of a majority of its full authorized membership, may reinstate a revoked license.

(b) A disciplinary panel may not reinstate a revoked license that has been revoked for a period of more than 1 year unless the licensee:

(1) Meets the requirements for reinstatement as established under this title; and

(2) Completes a criminal history records check in accordance with § 14–308.1 of this title.
Md. Code, Environment § 14-506 — MD Code / Article gen / Title 14 / Subtitle 5 / Section 14-506
§14–506.
Status: in_force

(a) Upon the filing of an application and prior to deciding whether or not to grant the permit, a statement of the economic, fiscal, and environmental impact of the proposed facility shall be prepared by one or more appropriate parties selected by the Secretary after receiving the advisory comments of the Secretaries of Natural Resources, Commerce, and Transportation and the Secretary of Planning. The statement shall be prepared and filed within six months after selection of the appropriate party or parties. The statement, with written background and supporting material, shall be available to the public. The time for filing the statement may be extended by the Secretary for up to but not more than an additional 12 months for good cause.

(b) The statement shall include, but not be limited to, the following:

(1) An inventory of existing economic and environmental conditions at the project site and in the immediate area;

(2) A project description of what is to be constructed, and the manner and construction schedule and the method of construction;

(3) A complete description of the proposed facility including at least its anticipated size, effluent load, and production levels;

(4) An assessment of the probable economic, fiscal, and environmental impact of the project upon the natural environment of the project site coastal area and the immediate area;

(5) Recommendations for minimizing any adverse economic, fiscal, or environmental impacts;

(6) An evaluation of the need for the facility and the relative merit of other possible sites; and

(7) In the case of a refinery, a description of the manner of transportation of the feed stock and the product of the crude oil.

(c) The application shall not be processed further nor shall the analysis required be undertaken until the county government wherein the facility is proposed to be located or wherein the pipeline will terminate, has certified to the Department that all local land use classifications, including zoning, special exceptions, variances or conditional uses, necessary for the location and operation of the proposed facility have been or will be granted. If the county government in its discretion stays the certification and so notifies the Department that it will continue its stay until the analysis is completed then, and only in that event may the application be processed and the analysis prepared as set forth under this subtitle.
Md. Code, Land Use § 14-201 — MD Code / Article glu / Title 14 / Subtitle 2 / Section 14-201
§14–201.
Status: in_force

This division applies only in Montgomery County and Prince George’s County.
Md. Code, Family Law § 14-308 — MD Code / Article gfl / Title 14 / Subtitle 3 / Section 14-308
§14–308.
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, the identity of any person who makes a report under § 14–302 of this subtitle shall be confidential.

(b) The identity of a person who makes a report under § 14–302 of this subtitle may be disclosed if:

(1) the person consents;

(2) the court orders the disclosure; or

(3) the disclosure occurs in accordance with § 1–201 of the Human Services Article.
Md. Code, Commercial Law § 14-1310 — MD Code / Article gcl / Title 14 / Subtitle 13 / Section 14-1310
§14–1310.
Status: in_force

(a) With the written consent of the property owner, a person may use unvented portable kerosene-fired heaters in single family dwelling units and in commercial establishments in this State if the heaters otherwise comply with the State Fire Prevention Code regulations in effect on January 1, 1982.

(b) (1) “Commercial establishment” does not include:

(i) Places of public assembly capable of accommodating more than 50 persons;

(ii) Child care centers;

(iii) Educational occupancies;

(iv) Health care occupancies;

(v) Hotels and motels; or

(vi) Buildings (other than office facilities) where open flame devices would readily ignite flammable liquid vapor, explosives, or dust, or buildings over 3 stories in height.

(2) In commercial establishments, portable kerosene heaters may not be located in such a manner as to obstruct exits.

(3) This section shall not be construed to prohibit or allow the prohibition of the demonstration or repair of unvented portable kerosene–fired heaters in any commercial establishment.

(c) The manufacturer shall affix to each portable kerosene heater, in a safe and prominent place, a nondetachable warning label which states:

WARNING.

1. This unit must be used in an area which has proper ventilation. Consult owner’s manual for details and instructions.

2. Use of this heater may possibly be dangerous to persons with respiratory or circulatory disorders.

3. Only “water-clear” kerosene meeting 1-K (ASTM) specifications should be used in this heater.

(d) In Baltimore City, this section does not affect or supersede any local law or ordinance which is more stringent or imposes a higher standard regarding the use or sale of portable kerosene heaters.
Md. Code, Business Occupations and Professions § 14-317 — MD Code / Article gbo / Title 14 / Subtitle 3 / Section 14-317
§14–317.
Status: in_force

(a) (1) Subject to the hearing provisions of § 14–319 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if:

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

(ii) the applicant or licensee fraudulently or deceptively uses a license;

(iii) under the laws of the United States or of any state, the applicant or licensee is convicted of:

1. a felony; or

2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice engineering;

(iv) the applicant or licensee is guilty of gross negligence, incompetence, or misconduct while practicing engineering;

(v) the applicant or licensee has had a license to practice engineering in another state revoked or suspended by the other state for a cause that would justify revocation or suspension under this title, except for the failure to pay a license fee;

(vi) the applicant or licensee violates any regulation adopted by the Board; or

(vii) the applicant or licensee violates any provision of this title.

(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation.

(ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

1. the seriousness of the violation;

2. the harm caused by the violation;

3. the good faith of the licensee; and

4. any history of previous violations by the licensee.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(iii) of this section:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the license;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice engineering;

(4) the length of time since the conviction; and

(5) the behavior and activities of the applicant or licensee before and after the conviction.
Md. Code, Estates and Trusts § 14-622 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-622
§14–622.
Status: in_force

(a) A settlor of a first trust is deemed to be the settlor of the second trust with respect to any portion of the principal of the first trust subject to the exercise of the decanting power.

(b) In determining settlor intent with respect to a second trust, a court may consider the intent of:

(1) A settlor of the first trust;

(2) A settlor of the second trust; and

(3) An authorized fiduciary.
Md. Code, Business Regulation § 14-110 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-110
§14–110.
Status: in_force

(a) (1) Whenever the Commissioner determines that a person has engaged or is about to engage in an act or practice that constitutes a violation of this subtitle or a violation of a regulation adopted or order passed under this subtitle, the Commissioner may, without a prior hearing, pass a summary order directing the person to cease and desist from engaging in the activity that constitutes a violation.

(2) The summary order shall provide:

(i) notice of the opportunity for a hearing before the Commissioner to determine whether the cease and desist order should be vacated, modified, or entered as final; and

(ii) notice that the Commissioner shall enter the order as final if the person subject to the cease and desist order fails to request a hearing within 15 days after the receipt of the cease and desist order.

(3) Whenever the Commissioner determines after notice and a hearing that a person has engaged in any act or practice constituting a violation of this subtitle, the Commissioner may in the discretion of the Commissioner and in addition to taking any other action authorized under this subtitle:

(i) pass a final cease and desist order against the person;

(ii) bar the person from engaging in the offer and sale of business opportunities in the State; or

(iii) take any combination of the actions specified in this section.

(b) (1) The person subject to the cease and desist order may waive the right to a hearing.

(2) If a person subject to a cease and desist order waives the right to a hearing, the Commissioner is not required to hold a hearing to take any action under subsection (a)(3) of this section.

(c) (1) Whenever the Commissioner determines that any person has engaged in or is about to engage in an act or practice constituting a violation of this subtitle or a violation of a regulation or order under this subtitle, the Commissioner may sue in the circuit court to obtain one or more of the following remedies:

(i) a temporary restraining order;

(ii) a temporary or permanent injunction;

(iii) a declaratory judgment;

(iv) the appointment of a receiver or conservator for the defendant or the defendant’s assets;

(v) a freeze of the defendant’s assets;

(vi) a civil penalty up to a maximum amount of $5,000 for any single violation of this subtitle;

(vii) restitution;

(viii) rescission; or

(ix) any other relief as the court finds just.

(2) The Commissioner may not be required to post a bond in any action under this section.
Md. Code, Real Property § 14-617 — MD Code / Article grp / Title 14 / Subtitle 6 / Section 14-617
§14–617.
Status: in_force

(a) In all cases the plaintiff shall submit evidence at a hearing before the court establishing the plaintiff’s title and the court may hear or take any evidence offered respecting the claims of any defendant, other than claims the validity of which is admitted by the plaintiff in the complaint.

(b) (1) A judgment in an action under this subtitle shall be recorded in the land records of the county in which any portion of the property is located.

(2) The clerk shall index the judgment in accordance with § 3–302 of this article, with the parties against whom the judgment is entered as grantor and the party in whose favor the judgment is entered as grantee.

(c) Except as provided under § 14–607(b) of this subtitle, a court may award to either party costs and reasonable attorney’s fees if a claim or defense in the case is related to an alleged violation of § 3–104.2 of this article.
Md. Code, Insurance § 14-136 — MD Code / Article gin / Title 14 / Subtitle 1 / Section 14-136
§14–136.
Status: in_force

(a) Nonprofit health service plans are subject to Title 27 of this article.

(b) A corporation authorized under this subtitle that maintains or operates a nonprofit health service plan may not:

(1) deny a claim made under a contract, certificate, or policy of a nonprofit health service plan for an unfair or unfairly discriminatory reason;

(2) without just cause, require a person making a claim under a contract, certificate, or policy of a nonprofit health service plan to accept less than the amount due; or

(3) fail to notify in writing a subscriber or certificate holder of a nonprofit health service plan of a denial of a properly completed claim within 60 days after the plan receives the claim.

(c) If it appears to the Commissioner that an act or practice or proposed act or practice of a corporation authorized under this subtitle that maintains or operates a nonprofit health service plan is in violation of subsection (b) of this section or Title 27 of this article, the burden of persuasion is on the corporation to show that the act or practice or proposed act or practice is not in violation of subsection (b) of this section or Title 27 of this article.
Md. Code, Tax - Property § 14-865 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-865
§14–865.
Status: in_force

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

(1) if a tax under this article is not paid when due to the State, the Governor, the Comptroller, or the Treasurer shall request the Attorney General to institute an action against the person responsible for the tax; and

(2) if a tax under this article is not paid when due to a county or municipal corporation, the collector shall request the attorney for the county or municipal corporation to institute an action against the person responsible for the tax.

(b) An officer of the State, a county, or a municipal corporation is not required to request the action under subsection (a) of this section if:

(1) the taxes are sufficiently secured by a lien on real property under this title; or

(2) it is certain that no part of a judgment in the action would be collectible.
Md. Code, Education § 14-304 — MD Code / Article ged / Title 14 / Subtitle 3 / Section 14-304
§14–304.
Status: in_force

(a) Within the time specified in § 14-303 of this subtitle, the grievant may initiate a grievance proceeding by filing a written grievance with the vice president or program director.

(b) Within 10 days after the grievance is received, the vice president or program director shall hold a conference with the grievant.

(c) The vice president or program director shall issue a written decision to the grievant within 15 days after the conference.
Md. Code, Tax - Property § 14-818 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-818
§14–818.
Status: in_force

(a) (1) (i) The payment of the purchase price and the high–bid premium, if any, shall be on the terms required by the collector. Except as provided in subparagraphs (ii) and (iii) of this paragraph and § 14–826 of this subtitle, the collector shall require the purchaser to pay, not later than the day after the sale, the full amount of taxes due on the property sold, whether the taxes are in arrears or not, together with interest and penalties on the taxes, expenses incurred in making the sale, and the high–bid premium, if any. The residue of the purchase price remains on credit.

(ii) In Washington County, the collector shall require the purchaser to pay on the day of the sale the full amount of taxes due on the property sold, whether the taxes are in arrears or not, together with interest and penalties on the taxes, and expenses incurred in making the sale.

(iii) In Baltimore City, when abandoned property is sold for less than the full amount of taxes due on the property, the collector shall require the purchaser to pay, not later than the day after the sale:

1. the full amount bid; and

2. the expenses incurred in making the sale.

(2) After the final decree has been passed foreclosing the right of redemption in any property, the collector may not execute or deliver a deed to any purchaser other than the governing body of a county until the balance of the purchase price has been paid in full, together with all taxes and interest and penalties on the taxes accruing after the date of sale.

(3) On receiving the balance and after accrued taxes and interest and penalties on the taxes, the collector shall execute and deliver a proper deed to the purchaser.

(4) Any balance over the amount required for the payment of taxes, interest, penalties, and costs of sale shall be paid by the collector to:

(i) the person entitled to the balance; or

(ii) when there is a dispute regarding payment of the balance, a court of competent jurisdiction pending a court order to determine the proper distribution of the balance.

(5) (i) Each county shall establish a process for a person entitled to any balance over the amount required for the payment of taxes, interest, penalties, and costs of sale to claim the balance.

(ii) The process required under this paragraph:

1. shall apply uniformly to all claims for balances within the county; and

2. may not require a court order, unless there is a dispute regarding payment of the balance.

(6) Within 90 days after delivering a deed to a purchaser, the collector shall notify the prior property owner of record of:

(i) the amount of any balance over the amount required for the payment of taxes, interest, penalties, and costs of sale; and

(ii) the process established under paragraph (5) of this subsection by which the prior property owner may claim the balance.

(b) In Washington County, any money held by the collector under subsection (a) of this section may be deposited in an interest–bearing account in a commercial bank. Any interest accrued is paid to the general fund of Washington County.
Md. Code, Tax - Property § 14-806 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-806
§14–806.
Status: reserved

(a) In this section, “Board” means the Board of Estimates of Baltimore City.

(b) (1) To facilitate a transfer of real property the governing body of a county or municipal corporation or, in Baltimore City, the Board may release any liens for unpaid real property taxes or other charges and assessments imposed by the county or municipal corporation to which the property would otherwise be subject, if:

(i) the total amount of liens for unpaid real property taxes, charges, and assessments imposed with respect to the property exceeds the lesser of the total value of the land and any improvement on the land as last determined by the Department or as determined by an appraisal report prepared not more than 6 months before the request for the release of the lien, by a real estate appraiser who is licensed under Title 16 of the Business Occupations and Professions Article;

(ii) the county or municipal corporation or, in Baltimore City, the Baltimore City Department of Housing and Community Development certifies that the property:

1. is a vacant lot; or

2. has a building or structure that is:

A. vacant; and

B. unsafe or unfit for habitation;

(iii) the potential transferee demonstrates the ability to return the property to productive use within a reasonable period of time;

(iv) the governing body of the county or municipal corporation or, in Baltimore City, the Board finds that a transfer under this section is necessary:

1. to eliminate a blighting influence; and

2. to prevent the tax abandonment of a property; and

(v) the potential transferee presents evidence to the governing body of the county or municipal corporation or, in Baltimore City, the Board that fair market value is being paid.

(2) A governing body of a county or municipal corporation or, in Baltimore City, the Board may waive the requirement in paragraph (1)(v) of this subsection if:

(i) the potential transferee is a nonprofit organization as defined in § 1–101 of the Housing and Community Development Article; and

(ii) the county or municipal corporation receives from the transferor an amount equal to any federal, State, or local income tax benefit realized by the transferor as a result of a deduction from income for a charitable contribution of the property to a nonprofit organization.

(3) If the conditions in paragraph (2) of this subsection are met, the transferor’s property tax debt shall be reduced by an amount equal to the fair market value of the transferred property.

(c) The release of a lien for real property taxes, charges, or assessments as authorized under subsection (b) of this section does not abate the transferor’s liability for the remaining amount of the tax debt.

(d) The governing body of a county or municipal corporation or, in Baltimore City, the Board may set additional standards and requirements for approval of the release of liens under this section.
Md. Code, Business Regulation § 14-121 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-121
§14–121.
Status: in_force

In connection with an offer to sell or sale of a business opportunity, a person may not engage in any act, practice, or course of business or employ any device, scheme, or artifice to defraud that operates or would operate as a fraud or deceit on another person.
Md. Code, Health Occupations § 14-5G-19 — MD Code / Article gho / Title 14 / Subtitle 5G / Section 14-5G-19
§14–5G–19.
Status: in_force

(a) (1) Any person aggrieved by a final decision of the Board or a disciplinary panel under this subtitle may take a direct judicial appeal.

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

(b) An order of the Board or a disciplinary panel may not be stayed pending review.

(c) The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.
Md. Code, Insurance § 14-603 — MD Code / Article gin / Title 14 / Subtitle 6 / Section 14-603
§14–603.
Status: in_force

(a) (1) An entity shall register with the Commissioner as a discount medical plan organization before a discount medical plan established by that entity is sold, marketed, or solicited in the State.

(2) A discount medical plan may not be sold, marketed, or solicited in the State unless the discount medical plan organization that established the discount medical plan is registered with the Commissioner.

(b) (1) An entity shall register with the Commissioner as a discount drug plan organization before a discount drug plan established by that entity is sold, marketed, or solicited in the State.

(2) A discount drug plan may not be sold, marketed, or solicited in the State unless the discount drug plan organization that established the discount drug plan is registered with the Commissioner.

(c) An applicant for registration shall:

(1) file with the Commissioner an application on the form that the Commissioner requires; and

(2) pay to the Commissioner an application fee of $250.

(d) An entity that is required to register with the Commissioner under both subsections (a) and (b) of this section may file one application with the Commissioner and pay one application fee.

(e) An applicant shall file with its application a list of the persons authorized to sell, market, or solicit a discount medical plan or discount drug plan established by the applicant.
Md. Code, Health Occupations § 14-5G-15 — MD Code / Article gho / Title 14 / Subtitle 5G / Section 14-5G-15
§14–5G–15.
Status: in_force

(a) A licensee shall notify the Board in writing of a change of name or address within 30 days after the change.

(b) A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
Md. Code, Alcoholic Beverages and Cannabis § 14-2005 — MD Code / Article gab / Title 14 / Subtitle 20 / Section 14-2005
§14–2005.
Status: in_force

A license holder may not be required to close the licensed premises at any time on January 1.
Md. Code, Commercial Law § 14-12A-03 — MD Code / Article gcl / Title 14 / Subtitle 12A / Section 14-12A-03
§14–12A–03.
Status: in_force

Any person who violates any provisions of this subtitle is subject to the penalties provided for in Title 13 of this article.
Md. Code, State Finance and Procurement § 14-905 — MD Code / Article gsf / Title 14 / Subtitle 9 / Section 14-905
§14–905.
Status: in_force

(a) A person may not engage in conduct prohibited under § 14–605(a) or § 14–606 of this title in connection with any act undertaken to qualify for a good labor practices evaluation factor.

(b) The penalties established in §§ 14–605(b) and (c) and 14–606 of this title apply to violations of this subtitle.
Md. Code, Business Regulation § 14-102 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-102
§14–102.
Status: in_force

The General Assembly finds that:

(1) the sale of business opportunities is a field in which investment problems and deceptive practices are common; and

(2) this subtitle is needed to regulate this field adequately and prevent these deceptive practices.
Md. Code, State Finance and Procurement § 14-403 — MD Code / Article gsf / Title 14 / Subtitle 4 / Section 14-403
§14–403.
Status: in_force

(a) To the extent practicable, each unit of the State government shall buy or lease for use by the State government supplies that are the quietest available supplies.

(b) Supplies that are certified as low-noise-emission products under the federal Noise Control Act of 1972 are considered to meet the requirement of subsection (a) of this section.
Md. Code, Health - General § 14-406 — MD Code / Article ghg / Title 14 / Subtitle 4 / Section 14-406
§14–406.
Status: in_force

A certificate issued under this subtitle is not transferable.
Md. Code, Health - General § 14-2A-02 — MD Code / Article ghg / Title 14 / Subtitle 2A / Section 14-2A-02
§14–2A–02.
Status: in_force

§14–2A–02. IN EFFECT

// EFFECTIVE UNTIL DECEMBER 31, 2025 PER CHAPTER 437 OF 2022 //

(a) This section applies only in Howard County and Montgomery County.

(b) (1) There is a Howard County and Montgomery County Adult Day Health Care Services Pilot Program.

(2) The purpose of the pilot program is to integrate the provision of medical adult day care services, home health care services, and medical services provided under the Maryland Medical Assistance Program.

(c) Participation in the pilot program is limited to elderly individuals who are:

(1) Residents of Howard County or Montgomery County; and

(2) Receiving medical adult day care services, home health care services, or medical services provided under the Maryland Medical Assistance Program, including medical services that are offered by a managed care organization.

(d) Services provided under the pilot program shall include, when applicable:

(1) An evaluation and assessment of each pilot program participant by a licensed nurse to complete an interdisciplinary care plan for the participant;

(2) The provision of remote services to the participant, using an electronic device with video conferencing capability issued to the participant to facilitate communication with providers;

(3) The creation of a medication strategy for the participant in order to provide appropriate evaluation and monitoring of the administration of medications;

(4) A program of activities and social engagement to assist participants in reducing loneliness and depression and to develop a sense of community with other participants;

(5) Coordination of medical care and other services ordered by a physician for the purpose of allowing participants to live safely in their home environment;

(6) The provision of basic housekeeping services to assist participants in daily activities that may be challenging; and

(7) The provision of transportation and delivery of meals.

(e) (1) Howard County and Montgomery County jointly may designate and authorize the operation of one or more entities to serve as an integrator in Howard County and Montgomery County.

(2) An integrator shall be licensed in the State to provide at least one of the services to be included in the pilot program.

(f) In consultation with Howard County and Montgomery County, an integrator shall coordinate all services provided under the pilot program.
Md. Code, Tax - Property § 14-867 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-867
§14–867.
Status: in_force

(a) (1) An action under § 14-866 of this subtitle may be commenced by a writ of attachment against any asset of the defendant.

(2) Except as otherwise provided in this article, the attachment shall be governed in all respects by the law and Maryland Rules applicable to attachments for liquidated damages against nonresidents.

(b) The plaintiff in the action under subsection (a) of this section is not required to file an attachment bond.
Md. Code, Family Law § 14-402 — MD Code / Article gfl / Title 14 / Subtitle 4 / Section 14-402
§14–402.
Status: in_force

(a) (1) Each review board consists of 8 members recruited and appointed:

(i) by the county commissioners;

(ii) in Baltimore City, by the Mayor with the advice and consent of the City Council;

(iii) in any county that has a county executive, by the county executive with the advice and consent of the county council; or

(iv) if 2 or more counties have agreed to establish a multicounty review board, jointly by the appropriate officials of the counties served by the board.

(2) Of the 8 members:

(i) 1 shall be a professional representative of a local department;

(ii) 1. In counties other than Charles County:

A. 1 shall be a physician’s assistant, nurse practitioner, registered nurse, or physician who is not a psychiatrist; and

B. 1 shall be a psychiatrist, a psychiatric nurse practitioner, or a professional with expertise in prescribing or oversight of mental health medications; and

2. in Charles County:

A. 1 shall be a physician’s assistant, nurse practitioner, or physician who is not a psychiatrist; and

B. 1 shall be a psychiatrist or physician’s assistant or nurse practitioner in the field of psychiatry;

(iii) 1 shall be a representative of a local commission on aging;

(iv) 1 shall be a professional representative of a local nonprofit social service organization;

(v) 1 shall be a lawyer;

(vi) 1 shall be a lay individual; and

(vii) 1 shall be a professional in the field of disabilities or a person with a disability.

(b) (1) Except as provided in paragraph (2) of this subsection, the term of a member is 3 years.

(2) In Charles County, the term of a member is 4 years.

(3) At the end of a term, a member may serve for another term on appointment.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
Md. Code, Commercial Law § 14-4408 — MD Code / Article gcl / Title 14 / Subtitle 44 / Section 14-4408
§14–4408.
Status: in_force

This subtitle may be known and cited as the Maryland Genetic Information Privacy Act.
Md. Code, State Finance and Procurement § 14-904 — MD Code / Article gsf / Title 14 / Subtitle 9 / Section 14-904
§14–904.
Status: in_force

(a) A good labor practices evaluation factor for good labor practices described in § 14–903(a) of this subtitle shall be included in the technical evaluation factors for competitive sealed proposals for a proposal submitted for a contract described in § 14–902 of this subtitle.

(b) The good labor practices evaluation factor shall be:

(1) if a point system is used for evaluation of proposals, 10% of the total allocable technical points; or

(2) if a point system is not used for evaluation of proposals, ranked in its relative order of importance.
Md. Code, Health Occupations § 14-5C-02 — MD Code / Article gho / Title 14 / Subtitle 5C / Section 14-5C-02
§14–5C–02.
Status: in_force

This subtitle does not limit:

(1) The right of an individual to practice a health occupation that the individual is authorized to practice under this article;

(2) The right of a licensed home medical equipment provider to provide home medical equipment services as defined under Title 19, Subtitle 4A of the Health – General Article; or

(3) The right of a licensed respiratory care practitioner to practice respiratory care within the scope of practice of the respiratory care practitioner’s license, including practicing respiratory care in a sleep laboratory.
Md. Code, Health Occupations § 14-5B-12 — MD Code / Article gho / Title 14 / Subtitle 5B / Section 14-5B-12
§14–5B–12.
Status: in_force

(a) (1) The term of a license issued by the Board may not exceed 3 years.

(2) A license expires on a date set by the Board, unless the license is renewed for an additional term as provided in this section.

(b) At least 1 month before the license expires, the Board shall send to the licensee a renewal notice that states:

(1) The date on which the current license expires;

(2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and

(3) The amount of the renewal fee.

(c) Except as otherwise provided in this subtitle, before a license expires, the licensed individual may periodically renew it for an additional term, if the individual:

(1) Is of good moral character;

(2) Pays to the Board a renewal fee set by the Board;

(3) Submits to the Board:

(i) A renewal application on the form that the Board requires; and

(ii) Satisfactory evidence of compliance with any continuing education or competency requirements and other requirements required by the Board for license renewal; and

(4) Meets any additional renewal requirements established by the Board.

(d) (1) In addition to any other qualifications and requirements established by the Board, the Board may establish continuing education or competency requirements as a condition to the renewal of licenses under this section.

(2) A disciplinary panel may impose a civil penalty of up to $100 per continuing medical education credit in lieu of a sanction under § 14–5B–14 of this subtitle, for a first offense, for the failure of a licensee to obtain the continuing medical education credits required by the Board.

(e) (1) The Board shall renew the license of each individual who meets the renewal requirements of this section.

(2) A license may not be renewed for a term longer than 2 years.

(f) The Board shall reinstate the license of a radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant who has failed to renew a license for any reason if the radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant:

(1) Meets the renewal requirements of this section;

(2) Submits to the Board:

(i) A reinstatement application on the form that the Board requires; and

(ii) Satisfactory evidence of compliance with any continuing education or competency requirements; and

(3) Meets any additional requirements established by the Board for reinstatement.

(g) (1) Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14–308.1 of this title for:

(i) Renewal applicants as determined by regulations adopted by the Board; and

(ii) Each former licensee who files for reinstatement under subsection (f) of this section.

(2) On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider:

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

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

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

(v) Subsequent work history;

(vi) Employment and character references; and

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

(3) The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14–308.1 of this title.
Md. Code, Business Regulation § 14-108 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-108
§14–108.
Status: in_force

The Commissioner may investigate in or outside the State to:

(1) determine if a person has violated this subtitle;

(2) adopt regulations or forms under this subtitle; or

(3) enforce this subtitle.
Md. Code, Environment § 14-302 — MD Code / Article gen / Title 14 / Subtitle 3 / Section 14-302
§14–302.
Status: in_force

The provisions of this subtitle apply only to the storage of natural or artificial gas and petroleum products in Prince George’s County.
Md. Code, Health Occupations § 14-5E-10 — MD Code / Article gho / Title 14 / Subtitle 5E / Section 14-5E-10
§14–5E–10.
Status: in_force

(a) Except as provided in subsection (b) of this section, an applicant who otherwise qualifies for a license under § 14–5E–09(c)(2) of this subtitle is entitled to be licensed for a single 2–year term before taking the national certifying examination given by the American Board of Cardiovascular Perfusion or its successor organization or another examination given or approved by the Board.

(b) (1) If an applicant was prevented from taking the national certifying examination before the single 2–year license expires because of extenuating circumstances, the applicant may apply to the Board for an extension of the term of the license.

(2) The Board shall adopt regulations to carry out paragraph (1) of this subsection that include:

(i) Criteria that an applicant must meet to receive an extension under paragraph (1) of this subsection; and

(ii) Provisions as to the length of time that a license may be extended.
Md. Code, Commercial Law § 14-3003 — MD Code / Article gcl / Title 14 / Subtitle 30 / Section 14-3003
§14–3003.
Status: in_force

A person who violates this subtitle is liable for reasonable attorney’s fees and for damages:

(1) To the recipient of commercial electronic mail, in an amount equal to the greater of $500 or the recipient’s actual damages;

(2) To the third party without whose permission the third party’s Internet domain name or electronic mail address was used, in an amount equal to the greater of $500 or the third party’s actual damages; and

(3) To an interactive computer service provider, in an amount equal to the greater of $1,000 or the interactive computer service provider’s actual damages.
Md. Code, Real Property § 14-407 — MD Code / Article grp / Title 14 / Subtitle 4 / Section 14-407
§14–407.
Status: in_force

This subtitle does not require any purchaser or mortgagee to rely wholly on a description based on the Maryland Coordinate System.
Md. Code, Commercial Law § 14-903 — MD Code / Article gcl / Title 14 / Subtitle 9 / Section 14-903
§14–903.
Status: in_force

A person may not advertise any food for sale or any place of business as being under rabbinical or other kosher supervision unless the advertisement identifies the name of the rabbi or other person that supervises or otherwise certifies the product or place of business as kosher.
Md. Code, Health Occupations § 14-5D-06 — MD Code / Article gho / Title 14 / Subtitle 5D / Section 14-5D-06
§14–5D–06.
Status: in_force

In addition to the powers set forth elsewhere in this subtitle, the Committee:

(1) Shall:

(i) Develop and recommend to the Board:

1. Regulations to carry out this subtitle; and

2. Any statutory changes that affect the profession; and

(ii) Keep a record of its meetings; and

(2) May:

(i) Provide recommendations regarding the practice of athletic training; and

(ii) Advise the Board on any other matters related to athletic trainers.
Md. Code, Health Occupations § 14-5C-11 — MD Code / Article gho / Title 14 / Subtitle 5C / Section 14-5C-11
§14–5C–11.
Status: in_force

To apply for a license, an applicant shall:

(1) Complete a criminal history records check in accordance with § 14–308.1 of this title;

(2) Submit an application to the Board on the form that the Board requires; and

(3) Pay to the Board the application fee set by the Board.
Md. Code, Health - General § 14-302 — MD Code / Article ghg / Title 14 / Subtitle 3 / Section 14-302
§14–302.
Status: in_force

(a) The purposes of this subtitle are:

(1) To provide for the establishment of day care centers for adults and services that will give medically handicapped adults the chance to stay with their families or in their communities instead of being placed in a nursing home or State institution; and

(2) To allow this State to deal more effectively and economically with the needs of its medically handicapped adults.

(b) The General Assembly intends that day care centers for adults and services be used:

(1) To avoid, as much as possible, unnecessary commitment of a medically handicapped adult to a nursing home, State institution, or other long term care facility;

(2) To provide opportunities for medically handicapped adults to be discharged from nursing homes, State institutions, or general or special hospitals; and

(3) To serve only those medically handicapped adults who otherwise would be eligible under State or federal law for care in a nursing home, State institution, or other long term care facility.
Md. Code, Business Regulation § 14-116 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-116
§14–116.
Status: in_force

The seller shall:

(1) file with the Commissioner an amendment to the documents previously submitted to the Commissioner whenever a material change in the required information occurs; and

(2) pay a fee of $50 for filing the amendment.
Md. Code, Estates and Trusts § 14-402 — MD Code / Article get / Title 14 / Subtitle 4 / Section 14-402
§14–402.
Status: in_force

(a) (1) The trustee holds title to the trust property.

(2) Trust property may not be considered property or an available resource of the beneficiary.

(3) The beneficiary may not have any interest in trust property that can be assigned or attached.

(4) No part of the trust property may be subject to claims for costs of care provided to the beneficiary by a state.

(b) (1) The trustee has sole discretion over trust property expenditures.

(2) The trustee shall decide what expenditures will be made, how they will be made, and when they will be made for the benefit of the beneficiary.

(3) A trust may be used to ensure that trust property is available to provide for the needs of the beneficiary to the extent not provided for by other sources, including public and private benefit programs for which the beneficiary would or might be eligible if the trust did not exist.

(4) A trustee may retain any trust property received from a transferor.

(c) A person dealing with a transferor, declarant, or trustee is protected in those dealings in accordance with § 14-405 of this subtitle.

(d) Any person except the beneficiary may augment trust property.

(e) (1) When establishing a trust, the transferor may designate the trust to be either revocable or irrevocable.

(2) If no designation is made, the trust is revocable.
Md. Code, Real Property § 14-201 — MD Code / Article grp / Title 14 / Subtitle 2 / Section 14-201
§14–201.
Status: in_force

(a) In this subtitle the following words have the meanings indicated unless the context requires otherwise.

(b) (1) “Contract” means a real covenant running with the land or a contract recorded among the land records of a county or Baltimore City.

(2) “Contract” includes a:

(i) Declaration or bylaws recorded under the provisions of the Maryland Condominium Act or the Maryland Real Estate Time–Sharing Act; or

(ii) Regulated sustainable energy contract recorded under the provisions of Title 9, Subtitle 20D of the State Government Article.

(c) (1) “Damages” means unpaid sums due under a contract, plus interest accruing on the unpaid sums due under a contract or as provided by law, including fines levied under the Maryland Condominium Act or the Maryland Real Estate Time-Sharing Act.

(2) “Damages” does not include consequential or punitive damages.

(d) “Lien” means a lien created under this subtitle.

(e) “Party” means any person who:

(1) Is a signatory to a contract;

(2) Is described in a contract as having the benefit of any provision of the contract; or

(3) Owns property subject to the provisions of a contract.

(f) “Statement of lien” means the statement described under § 14-203(j) of this subtitle.
Md. Code, Business Regulation § 14-206 — MD Code / Article gbr / Title 14 / Subtitle 2 / Section 14-206
§14–206.
Status: in_force

The Commissioner may adopt and enforce regulations to administer and enforce this subtitle.
Md. Code, Business Regulation § 14-214 — MD Code / Article gbr / Title 14 / Subtitle 2 / Section 14-214
§14–214.
Status: in_force

(a) Except as otherwise provided in this subtitle, a person must register the offer of a franchise with the Commissioner before the person offers to sell, through advertisement or otherwise, or sells the franchise in the State.

(b) The registration requirement of this section does not apply to:

(1) a transaction by an executor, administrator, sheriff, receiver, trustee in bankruptcy, guardian, or conservator;

(2) an offer to sell or sale of a franchise that is substantially similar to a franchise already owned by the offeree or buyer; and

(3) any other transaction that the Commissioner exempts by regulation because:

(i) the transaction is not within the purpose of this subtitle; and

(ii) the registration of the transaction is not necessary or appropriate in the public interest or for the protection of investors.

(c) (1) The registration requirement of this section does not apply to the offer to sell or sale of a franchise by a franchisee for the franchisee’s own account, or the offer to sell or sale of the entire area franchise owned by a subfranchisor for the subfranchisor’s own account.

(2) A sale is not effected by or through a franchisor merely because a franchisor has a right to approve or disapprove a different franchisee.

(d) (1) The Commissioner may require by regulation that a franchisor or subfranchisor who claims under subsection (b)(3) of this section to be exempt from the registration requirements of this section:

(i) file with the Commissioner a notice of claim of exemption in the form that the Commissioner requires; and

(ii) pay a fee of $250.

(2) The franchisor or subfranchisor shall sign and verify the notice of claim of exemption.
Md. Code, Commercial Law § 14-2303 — MD Code / Article gcl / Title 14 / Subtitle 23 / Section 14-2303
§14–2303.
Status: in_force

This subtitle does not:

(1) Prohibit a person from filing an action for damages against a body shop; or

(2) Require a person first to exhaust any administrative remedy he may have.
Md. Code, Health Occupations § 14-5B-05 — MD Code / Article gho / Title 14 / Subtitle 5B / Section 14-5B-05
§14–5B–05.
Status: in_force

(a) There is a Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance Advisory Committee within the Board.

(b) (1) The Committee consists of nine members appointed by the Board.

(2) Of the nine members:

(i) One shall be a licensed physician who specializes in radiology;

(ii) One shall be a licensed physician who specializes in radiology and who supervises a radiologist assistant;

(iii) One shall be a licensed physician who specializes in nuclear medicine;

(iv) One shall be a licensed physician who specializes in radiation oncology;

(v) One shall be a licensed radiation therapist;

(vi) One shall be a licensed radiographer;

(vii) One shall be a licensed radiologist assistant;

(viii) One shall be a licensed nuclear medicine technologist; and

(ix) One shall be a consumer member.

(c) Each member of the Committee licensed by the Board must be in good standing with the Board.

(d) The consumer member of the Committee:

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

(2) May not be or ever have been:

(i) A radiation therapist, radiographer, radiologist assistant, or nuclear medicine technologist;

(ii) Any other health care professional; or

(iii) In training to be a radiation therapist, radiographer, radiologist assistant, nuclear medicine technologist, or other health care professional; and

(3) May not:

(i) Participate or ever have participated in a commercial or professional field related to radiation therapy, radiography, nuclear medicine technology, or radiology assistance;

(ii) Have a household member who participates in a commercial or professional field related to radiation therapy, radiography, nuclear medicine technology, or radiology assistance;

(iii) Have had within 2 years before appointment a financial interest in a person regulated by the Board; or

(iv) Have had within 2 years before appointment a financial interest in the provision of goods or services to radiation therapists, radiographers, radiology assistants, or nuclear medicine technologists or to the field of radiation therapy, radiography, nuclear medicine technology, or radiology assistance.

(e) Each member of the Committee must be a resident of the State.

(f) (1) From among its members, the Committee shall elect a chair once every 2 years.

(2) The chair, or the chair’s designee, shall serve in an advisory capacity to the Board as a representative of the Committee.

(g) (1) The term of a member is 3 years.

(2) The terms of members are staggered as required by regulation.

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

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

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

(h) A quorum of the Committee consists of five members.
Md. Code, Public Safety § 14-303 — MD Code / Article gps / Title 14 / Subtitle 3 / Section 14-303
§14–303.
Status: in_force

(a) During a public emergency in the State, the Governor may proclaim a state of emergency and designate the emergency area:

(1) if public safety is endangered or on reasonable apprehension of immediate danger to public safety; and

(2) on:

(i) the Governor’s own initiative; or

(ii) the application of:

1. the chief executive officer or governing body of a county or municipal corporation; or

2. the Secretary of State Police.

(b) After proclaiming a state of emergency, the Governor may promulgate reasonable orders, rules, or regulations that the Governor considers necessary to protect life and property or calculated effectively to control and terminate the public emergency in the emergency area, including orders, rules, or regulations to:

(1) control traffic, including public and private transportation, in the emergency area;

(2) designate specific zones in the emergency area in which the occupancy and use of buildings and vehicles may be controlled;

(3) control the movement of individuals or vehicles into, in, or from the designated zones;

(4) control places of amusement and places of assembly;

(5) control individuals on public streets;

(6) establish curfews;

(7) control the sale, transportation, and use of alcoholic beverages;

(8) control the possession, sale, carrying, and use of firearms, other dangerous weapons, and ammunition;

(9) control the storage, use, and transportation of explosives or flammable materials or liquids considered to be dangerous to public safety, including “Molotov cocktails”; and

(10) authorize the use of alternate care sites.

(c) Before an order, rule, or regulation promulgated under subsection (b) of this section takes effect, the Governor shall give reasonable notice of the order, rule, or regulation:

(1) in a newspaper of general circulation in the emergency area;

(2) through television or radio serving the emergency area; or

(3) by circulating notices or posting signs at conspicuous places in the emergency area.

(d) An order, rule, or regulation promulgated under subsection (b) of this section:

(1) takes effect from the time and in the manner specified in the order, rule, or regulation;

(2) may be amended or rescinded, in the same manner as the original order, by the Governor at any time during the state of emergency; and

(3) terminates when the Governor declares that the state of emergency no longer exists.
Md. Code, Environment § 14-104 — MD Code / Article gen / Title 14 / Subtitle 1 / Section 14-104
§14–104.
Status: in_force

(a) A person may not drill any well for the exploration, production, or underground storage of gas or oil in the State without obtaining a permit from the Department of the Environment under the terms and conditions and on the forms the Department prescribes.

(b) (1) The Department shall require an applicant to submit an environmental assessment for the purpose of evaluating an application.

(2) The Department shall coordinate with the Department of Natural Resources in its evaluation of the environmental assessment.

(c) The permit serves as the permit required under the provisions of Title 9, Subtitle 13 of this article, dealing with well drillers.

(d) A person may not dispose of any product of a gas or oil well without the necessary permits issued by the Department.
Md. Code, Business Occupations and Professions § 14-408 — MD Code / Article gbo / Title 14 / Subtitle 4 / Section 14-408
§14–408.
Status: in_force

Within 60 days after the effective date of the change or occurrence, a permit holder shall notify the Board in writing if there has been a change in:

(1) the identity of the managing agent; or

(2) the name of the corporation, partnership, or limited liability company.
Md. Code, State Finance and Procurement § 14-405 — MD Code / Article gsf / Title 14 / Subtitle 4 / Section 14-405
§14–405.
Status: in_force

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

(2) “Environmentally preferable product or service” means a product or service that throughout the full life cycle of the product or service:

(i) is energy efficient, water efficient, biobased, nonozone depleting, made with recycled content, or nontoxic; or

(ii) has other attributes recognized as environmentally preferable by the Maryland Green Purchasing Committee.

(b) (1) To encourage the maximum purchase of environmentally preferable products and services, the Maryland Green Purchasing Committee established under § 14–410 of this subtitle shall establish environmentally preferable specifications to be adopted by State agencies.

(2) The environmentally preferable specifications shall be published and maintained online by the Maryland Green Purchasing Committee for use by State agencies.

(c) Each State unit shall review annually the procurement specifications currently used by the unit and, to the extent practicable:

(1) adopt the environmentally preferable specifications published by the Maryland Green Purchasing Committee; and

(2) revise the unit’s procurement specifications in accordance with § 14–410 of this subtitle.

(d) On or before October 1 of each year, each unit shall report to the Department of General Services on the unit’s procurement of environmentally preferable products and services as a percentage of the unit’s gross purchases during the preceding fiscal year, including the types and quantities of products and services procured.

(e) (1) Except as provided in paragraph (2) of this subsection, this section is broadly applicable to all procurements by the State if the quality of the product or service is consistent with the requirements of the bid specifications.

(2) Only to the extent necessary to prevent the denial of federal money or eliminate the inconsistency with federal law, this section does not apply to a procurement by the State if the procurement officer determines that compliance with this section would:

(i) cause denial of federal money; or

(ii) be inconsistent with the requirements of federal law.
Md. Code, Health Occupations § 14-5E-22 — MD Code / Article gho / Title 14 / Subtitle 5E / Section 14-5E-22
§14–5E–22.
Status: in_force

A person may not provide, attempt to provide, offer to provide, or represent that the person provides perfusion services unless the perfusion is provided by an individual who is authorized to practice perfusion under this subtitle.
Md. Code, Real Property § 14-307 — MD Code / Article grp / Title 14 / Subtitle 3 / Section 14-307
§14–307.
Status: in_force

(a) Subject to subsection (b) of this section, if all or any part of the lien property against which a broker’s lien has been established under this subtitle is to be sold under a foreclosure or a judgment, execution or any other court order, all liens and encumbrances on the lien property that are subordinate to the lien with respect to which the property is sold shall be satisfied in accordance with their priority.

(b) (1) If the proceeds of the sale are insufficient to satisfy all broker’s liens established under this subtitle, then all proceeds available to satisfy each broker’s lien shall be stated by the court auditor as one fund.

(2) The amount to be disbursed to satisfy each broker’s lien established under this subtitle shall bear the same proportion to that fund as the amount of each broker’s lien bears to the total amount secured by all broker’s liens, without regard to priority among the broker’s liens.
Md. Code, Health Occupations § 14-402 — MD Code / Article gho / Title 14 / Subtitle 4 / Section 14-402
§14–402.
Status: in_force

(a) In reviewing an application for licensure or in investigating an allegation brought against a licensed physician or any allied health professional regulated by the Board under this title or Title 15 of this article, the Rehabilitation Program may request the Board to direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed physician or any allied health professional regulated by the Board under this title or Title 15 of this article to submit to an appropriate examination.

(b) In return for the privilege given by the State issuing a license, certification, or registration, the licensed, certified, or registered individual is deemed to have:

(1) Consented to submit to an examination under this section, if requested by the Board in writing; and

(2) Waived any claim of privilege as to the testimony or examination reports.

(c) The unreasonable failure or refusal of the applicant or licensee to submit to an examination is prima facie evidence of the applicant’s or licensee’s inability to practice medicine or the respective discipline competently, unless the Board or disciplinary panel finds that the failure or refusal was beyond the control of the applicant or licensee.

(d) The Board shall pay the costs of any examination made under this section for:

(1) A licensee; or

(2) An applicant who was not previously licensed by the Board.

(e) An applicant for reinstatement shall pay the cost of any examination directed by the Board under this section.

(f) The Rehabilitation Program is subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.
Md. Code, Alcoholic Beverages and Cannabis § 14-2301 — MD Code / Article gab / Title 14 / Subtitle 23 / Section 14-2301
§14–2301.
Status: in_force

Title 4, Subtitle 8 (“Death of License Holder”) of Division I of this article applies in the county without exception or variation.
Md. Code, Estates and Trusts § 14-404 — MD Code / Article get / Title 14 / Subtitle 4 / Section 14-404
§14–404.
Status: reserved

(a) A person may create a trust by transferring property in writing to another person if the document transfers property in a legally recognized manner and:

(1) Identifies the recipient of the property as the trustee;

(2) Identifies the beneficiary of the trust; and

(3) Identifies the property as being transferred under the Maryland Discretionary Trust Act.

(b) A person may create a trust by written declaration if the written declaration is executed in a legally recognized manner and:

(1) Identifies the property to be held in trust;

(2) Identifies the beneficiary of the trust;

(3) Identifies the declarant as trustee and title holder; and

(4) Identifies the property as being held in trust under the Maryland Discretionary Trust Act.

(c) A person having the right to transfer property upon a future event may create a trust upon the occurrence of the future event by:

(1) Designating:

(i) The event;

(ii) The property;

(iii) The beneficiary; and

(iv) The trustee or mechanism for selecting the trustee; and

(2) Creating the trust by:

(i) Making the designation in a will, a trust, a deed, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights; or

(ii) Registering the designation with or delivering it to the fiduciary, payor, issuer, or obligor of the future right.

(d) A transferor creates a trust whenever the transferor registers property in the name of or transfers property to the trustee or declarant and uses in substance the following words after the trustee’s or declarant’s name: “As trustee for ___________________ (name of beneficiary) under the Maryland Discretionary Trust Act.”

(e) The obligations of a trustee begin when the trustee accepts the trust property by writing in substance the following words:

“Trustee’s Receipt and Acceptance

I, ____________________ (name of trustee) acknowledge receipt of the trust property described below or in the attached instrument and accept the trust as trustee for ____________________ (name of beneficiary) under the Maryland Discretionary Trust Act. I undertake to administer and distribute the trust property pursuant to the Maryland Discretionary Trust Act. The trust property consists of ____________________ (description of property).

Dated: _______________

_____________________________

(Signature of Trustee)”

(f) A trust may be created by specifying that property is to be held in trust under the Maryland Discretionary Trust Act.

(g) (1) A trust may be created under this subtitle if, at the time the trust is created, the transferor, the trustee, or the beneficiary is a resident of this State, the transferor’s, the trustee’s, or the beneficiary’s principal place of business is in this State, or trust property is located in this State.

(2) The trust remains subject to this subtitle even upon a subsequent change in residence or principal place of business of the transferor or trustee, or removal of the trust property from this State.

(3) A registration, declaration, or transfer made under an act of another state substantially similar to this subtitle:

(i) Is governed by the law of that state; and

(ii) May be enforced in this State.

(h) (1) This subtitle may not limit other means of declaring trusts or transferring property in trust.

(2) A trust, the terms of which do not conform to this subtitle, may be enforceable according to its terms.
Md. Code, Health Occupations § 14-5C-14.1 — MD Code / Article gho / Title 14 / Subtitle 5C / Section 14-5C-14.1
§14–5C–14.
Status: in_force

§14–5C–14.1.

(a) A licensee shall notify the Board in writing of a change in name or address within 30 days after the change.

(b) A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
Md. Code, Health Occupations § 14-5C-05 — MD Code / Article gho / Title 14 / Subtitle 5C / Section 14-5C-05
§14–5C–05.
Status: in_force

There is a Polysomnography Advisory Committee within the Board.
Md. Code, Commercial Law § 14-5004 — MD Code / Article gcl / Title 14 / Subtitle 50 / Section 14-5004
§14–5004.
Status: in_force

A violation of this subtitle is:

(1) An unfair, abusive, or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.