Md. Code, Alcoholic Beverages and Cannabis § 29-1405 — MD Code / Article gab / Title 29 / Subtitle 14 / Section 29-1405
§29–1405.
Status: in_force

An applicant shall include in the application a statement of consent to an investigation by the Board of the applicant’s criminal history record information.
Md. Code, Alcoholic Beverages and Cannabis § 29-2610 — MD Code / Article gab / Title 29 / Subtitle 26 / Section 29-2610
§29–2610.
Status: in_force

(a) (1) After scheduling a hearing to determine the purpose for which the alcoholic beverages are kept, the court shall issue a hearing notice to the officer who carried out the search.

(2) On receipt of the notice, the officer shall post the notice at or near the place or thing where the alcoholic beverages were found.

(b) If no one appears to claim the alcoholic beverages or other seized items at the hearing scheduled in accordance with this section or within 30 days after the hearing, the court shall order that the alcoholic beverages and other items be disposed of.
Md. Code, Alcoholic Beverages and Cannabis § 29-203 — MD Code / Article gab / Title 29 / Subtitle 2 / Section 29-203
§29–203.
Status: in_force

In making the appointments, the Governor shall designate a chair from among the members of the Board.
Md. Code, Local Government § 29-105 — MD Code / Article glg / Title 29 / Subtitle 1 / Section 29-105
§29–105.
Status: in_force

(a) A member of the Commission may not receive compensation as a member of the Commission.

(b) The County Commissioners of St. Mary’s County may appropriate money for the administrative support of the Commission.
Md. Code, State Personnel and Pensions § 29-303 — MD Code / Article gsp / Title 29 / Subtitle 3 / Section 29-303
§29–303.
Status: reserved

(a) This section applies only to members of:

(1) the Employees’ Pension System;

(2) the Local Fire and Police System;

(3) the Law Enforcement Officers’ Pension System; or

(4) the Teachers’ Pension System.

(b) (1) This subsection applies to an individual who is a member on or before June 30, 2011.

(2) A member is eligible to receive a vested allowance if:

(i) the member separated from employment other than by death or retirement; and

(ii) the member has at least 5 years of eligibility service.

(b–1) (1) This subsection applies to an individual who becomes a member on or after July 1, 2011.

(2) A member is eligible to receive a vested allowance if:

(i) the member separated from employment other than by death or retirement; and

(ii) the member has at least 10 years of eligibility service.

(c) (1) Except as provided in subsections (e) through (i) of this section, a vested allowance:

(i) is a deferred allowance that begins at normal retirement age;

(ii) except as provided in paragraph (2) of this subsection, is computed as a normal service retirement allowance on the basis of the member’s average final compensation and eligibility service at separation from employment; and

(iii) may be paid in one of the optional forms of allowances under § 21–403 of this article.

(2) On retirement under this subsection, if a former member’s annuity is greater than the former member’s normal service retirement allowance calculated under paragraph (1) of this subsection, the former member’s normal service retirement allowance shall equal the former member’s annuity.

(d) If a member of the Employees’ Pension System or the Teachers’ Pension System separated from employment on or before June 30, 1990, unused sick leave reported by the member’s employer at the time of separation from employment is creditable service for computing the vested allowance.

(e) Except as provided in subsection (f) of this section, a former member of the Employees’ Pension System or the Teachers’ Pension System who has separated from employment before the age of 55 with at least 15 years of eligibility service is eligible to receive a vested allowance that:

(1) begins on the first day of the month following the member’s 55th birthday; and

(2) equals the reduced allowance computed under § 23–402 of this article.

(f) (1) The vested allowance of a former member of the Employees’ Pension System or the Teachers’ Pension System who separates from employment on or before June 30, 1998:

(i) is a deferred allowance that begins at normal retirement age; and

(ii) except as provided in paragraph (2)(ii) of this subsection, is computed on the basis of the member’s average final compensation and eligibility service at separation from employment.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the vested allowance described under paragraph (1) of this subsection shall equal the number of years of the member’s creditable service multiplied by:

1. 0.8% of the member’s average final compensation that is not in excess of the Social Security integration level; and

2. 1.5% of the member’s average final compensation that exceeds the Social Security integration level.

(ii) If the former member’s annuity is greater than the former member’s vested allowance calculated under subparagraph (i) of this paragraph, the former member’s vested allowance shall equal the former member’s annuity.

(iii) The former member’s vested allowance may be paid in one of the optional forms of allowances under § 21–403 of this article.

(3) A former member of the Employees’ Pension System or the Teachers’ Pension System who has separated from employment on or before June 30, 1998 and before the age of 55 with at least 15 years of eligibility service is eligible to receive a vested allowance that:

(i) begins on the first day of the month following the member’s 55th birthday; and

(ii) equals the allowance under paragraph (2) of this subsection, reduced by 0.5% for each month that the member’s early retirement date precedes the date the member will be 62 years old.

(g) (1) Except as provided in subsection (h) of this section and subject to subsection (i) of this section, the vested allowance of a former member of the Law Enforcement Officers’ Pension System who separates from employment on or before June 30, 2000:

(i) is a deferred allowance that begins at normal retirement age; and

(ii) except as provided in paragraph (2)(ii) of this subsection, is computed on the basis of the member’s average final compensation and eligibility service at separation from employment.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the vested allowance described under paragraph (1) of this subsection shall equal the number of years of the member’s creditable service multiplied by:

1. 1% of the member’s average final compensation that is not in excess of the Social Security integration level; and

2. 1.7% of the member’s average final compensation that exceeds the Social Security integration level.

(ii) If the former member’s annuity is greater than the former member’s vested allowance calculated under subparagraph (i) of this paragraph, the former member’s vested allowance shall equal the former member’s annuity.

(h) (1) This subsection applies only to a former member of the Law Enforcement Officers’ Pension System who:

(i) transferred to the Law Enforcement Officers’ Pension System from the Employees’ Retirement System; and

(ii) separates from employment on or before June 30, 2000.

(2) The vested allowance of a former member:

(i) is a deferred allowance that begins at normal retirement age; and

(ii) except as provided in paragraph (4) of this subsection, is computed on the basis of the member’s average final compensation and eligibility service at separation from employment.

(3) Except as provided in paragraph (4) of this subsection, the vested allowance described under paragraph (2) of this subsection shall equal:

(i) 2% of the member’s average final compensation multiplied by each year of the member’s first 30 years of creditable service; and

(ii) 1% of the member’s average final compensation multiplied by each year of creditable service in excess of 30 years.

(4) If the former member’s annuity is greater than the former member’s vested allowance calculated under paragraph (3) of this subsection, the former member’s vested allowance shall equal the former member’s annuity.

(i) (1) This paragraph applies only to a former member who is:

(i) receiving a deferred allowance under subsection (g) of this section; and

(ii) under the age of 62 years.

(2) On receipt of a vested allowance, a former member shall receive a supplemental deferred allowance that equals the difference between:

(i) the former member’s vested allowance; and

(ii) 1.7% of the member’s average final compensation for each year of creditable service.

(3) Payment of the supplemental deferred allowance ends when the former member:

(i) attains the age of 62 years; or

(ii) dies.

(j) (1) If a former member who elected a vested allowance requests the return of accumulated contributions before payment of the vested allowance begins, the Board of Trustees shall return the accumulated contributions to the former member.

(2) When accumulated contributions are returned to a former member, the former member is not entitled to further benefits on account of the former member’s previous membership.
Md. Code, State Personnel and Pensions § 29-408 — MD Code / Article gsp / Title 29 / Subtitle 4 / Section 29-408
§29–408.
Status: in_force

(a) This section applies only to an allowance based on creditable service earned on or after July 1, 2011, for a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree of:

(1) the Correctional Officers’ Retirement System;

(2) the Employees’ Pension System;

(3) the Law Enforcement Officers’ Pension System;

(4) the State Police Retirement System; or

(5) the Teachers’ Pension System.

(b) A cost–of–living adjustment payable under this section shall be a compound cost–of–living adjustment computed in accordance with § 29–402(d)(2) of this subtitle.

(c) A cost–of–living adjustment payable under this section shall be subject to a cost–of–living rate cap of:

(1) 2.5% if, for the calendar year ending December 31 in the preceding fiscal year, the total investment performance of the several systems equals or exceeds the assumed rate of investment return established by the Board of Trustees in accordance with § 21–125(c) of this article and in effect as of December 31 of the preceding fiscal year; or

(2) 1% if, for the calendar year ending December 31 in the preceding fiscal year, the total investment performance of the several systems does not equal or exceed the assumed rate of investment return established by the Board of Trustees in accordance with § 21–125(c) of this article and in effect as of December 31 of the preceding fiscal year.
Md. Code, Alcoholic Beverages and Cannabis § 29-1705 — MD Code / Article gab / Title 29 / Subtitle 17 / Section 29-1705
§29–1705.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, for a license issued for the use of a corporation or club, the license holder may substitute on the license the name of a different officer for the name of any officer who:

(i) has died;

(ii) has retired; or

(iii) no longer holds an office in the corporation or club.

(2) A substitute officer shall be an individual approved by the Board who meets all the requirements applicable to the original officer.

(b) The license holder shall file an affidavit with the Board that contains:

(1) the substitution of the officer; and

(2) an explanation for the substitution.

(c) On receipt of the affidavit by the Board and payment of a $50 fee to the County Treasurer, the Board shall:

(1) amend its records; and

(2) issue a corrected license.
Md. Code, Alcoholic Beverages and Cannabis § 29-1305 — MD Code / Article gab / Title 29 / Subtitle 13 / Section 29-1305
§29–1305.
Status: in_force

(a) There is a beer and wine tasting (BWT) license.

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

(c) The license authorizes the holder to allow the consumption of beer or wine that may be sold under the beer, wine, and liquor license or the beer and wine license for tasting if the consumer is not charged for the beer or wine.

(d) The Board shall regulate:

(1) the quantity of beer or wine to be served to each individual; and

(2) the number of bottles of beer or wine from which this quantity is being served.

(e) (1) In addition to the cost of the beer, wine, and liquor license or the beer and wine license, the annual BWT license fee is $150.

(2) In addition to the annual BWT license fee, the issuing fee is $100.

(f) The privileges granted by the license may not be exercised during a festival event.
Md. Code, Alcoholic Beverages and Cannabis § 29-904 — MD Code / Article gab / Title 29 / Subtitle 9 / Section 29-904
§29–904.
Status: in_force

(a) There is a Class D beer, wine, and liquor license.

(b) The license authorizes the license holder to sell at retail at the place described in the license:

(1) beer, wine, and liquor for on–premises consumption; and

(2) beer and wine for off–premises consumption.

(c) The license may not be issued for use by a drugstore.

(d) The annual license fee is $1,265.
Md. Code, Alcoholic Beverages and Cannabis § 29-1301 — MD Code / Article gab / Title 29 / Subtitle 13 / Section 29-1301
§29–1301.
Status: in_force

(a) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–1202 (“Per diem licenses”);

(2) § 4–1206 (“License to dispose of stock”);

(3) § 4–1207 (“Temporary move of licensed premises”);

(4) § 4–1208 (“Hours and days of sale”); and

(5) § 4–1209 (“Wine permit for fund–raising event”).

(b) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article do not apply in the county:

(1) § 4–1203 (“Class C per diem beer and Class C per diem beer and wine licenses”), which is superseded by § 29–1308 of this subtitle;

(2) § 4–1204 (“Class C per diem beer, wine, and liquor license”), which is superseded by § 29–1308 of this subtitle; and

(3) § 4–1205 (“License fees”), which is superseded by § 29–1309 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 29-2501 — MD Code / Article gab / Title 29 / Subtitle 25 / Section 29-2501
§29–2501.
Status: in_force

(a) A person may not serve setups, including drinking containers and ice, or serve, keep, or allow to be consumed alcoholic beverages or other component parts of mixed alcoholic drinks in a place of adult entertainment that:

(1) does not hold a license under this article; and

(2) allows at its location any form of sexual display or attire prohibited under § 4–605 of this article.

(b) A person who operates a business establishment for profit that is not licensed under this article may not knowingly allow a customer to bring alcoholic beverages for consumption into the establishment.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.
Md. Code, State Personnel and Pensions § 29-501 — MD Code / Article gsp / Title 29 / Subtitle 5 / Section 29-501
§29–501.
Status: in_force

The Board of Trustees shall pay a member or former member the amount of the member’s or former member’s accumulated contributions if:

(1) the member or former member separated from employment for a reason other than death or retirement; and

(2) the member or former member requests the payment.
Md. Code, Alcoholic Beverages and Cannabis § 29-502 — MD Code / Article gab / Title 29 / Subtitle 5 / Section 29-502
§29–502.
Status: in_force

Except as provided in § 29–503 of this subtitle, a holder of a wholesaler’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Alcoholic Beverages and Cannabis § 29-803 — MD Code / Article gab / Title 29 / Subtitle 8 / Section 29-803
§29–803.
Status: in_force

(a) There is a Class B beer and wine license.

(b) The license authorizes the license holder to sell beer and wine at a hotel or restaurant, at retail, at the place described in the license, for on– and off–premises consumption.

(c) The annual license fee is $253.
Md. Code, Alcoholic Beverages and Cannabis § 29-2601 — MD Code / Article gab / Title 29 / Subtitle 26 / Section 29-2601
§29–2601.
Status: in_force

(a) The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county without exception or variation:

(1) § 6–202 (“Inspections”);

(2) § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”);

(3) § 6–204 (“Power to summon witnesses”);

(4) § 6–205 (“Peace officers”);

(5) § 6–206 (“Charging document for unlawful sale of alcoholic beverage”);

(6) § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”);

(7) § 6–208 (“Regulating possession or consumption of alcohol in public places”);

(8) § 6–209 (“Adoption of standards for authorization of consumption”); and

(9) § 6–210 (“State preemption of local disorderly intoxication laws”).

(b) Section 6–211 (“Fines and forfeitures”) of Division I of this article applies in the county, subject to § 29–2602 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 29-1503 — MD Code / Article gab / Title 29 / Subtitle 15 / Section 29-1503
§29–1503.
Status: in_force

Multiple licenses may be issued for the same premises or to an individual for the use of that individual, a partnership, a corporation, an unincorporated association, or a limited liability company if:

(1) the licenses are Class D beer or Class D beer and wine licenses; and

(2) each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters.
Md. Code, State Personnel and Pensions § 29-114 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-114
§29–114.
Status: in_force

A member entitled to an accidental disability retirement allowance or a special disability retirement allowance may not receive a retirement allowance for ordinary disability.
Md. Code, Public Utilities § 29-103 — MD Code / Article gpu / Title 29 / Subtitle 1 / Section 29-103
§29–103.
Status: in_force

(a) In this section, “Commission Pretreatment Program” means any program adopted under the authority of § 9–332 of the Environment Article and § 17–403 of this article to:

(1) meet national and local pretreatment requirements; and

(2) eliminate the contribution of each pollutant discharged from an industrial user into a publicly owned treatment works that:

(i) causes pass through or interference with the publicly owned treatment works; or

(ii) contaminates sewage sludge.

(b) (1) The Commission may issue a written complaint if the Commission has reasonable grounds to believe that a person has violated a provision of the Commission Pretreatment Program.

(2) A complaint issued under this subsection shall:

(i) specify the provision of the Commission Pretreatment Program that allegedly has been violated; and

(ii) state the alleged facts that constitute the violation.

(c) (1) After or concurrently with service of a complaint under this section, the Commission may issue an administrative order that requires the person to whom the order is directed to:

(i) take corrective action within a time set in the order;

(ii) file with the Commission a written report about the alleged violation;

(iii) appear at a hearing before the Commission at a time and place the Commission sets to answer the charges in the order; or

(iv) file a written report and appear at a hearing before the Commission at a time and place the Commission sets to answer the charges in the order.

(2) Any order issued under this subsection is effective immediately when it is served.

(d) (1) A complaint or order issued by the Commission under this section shall be served on the person to whom the complaint or order is directed:

(i) personally; or

(ii) by certified mail, return receipt requested to the person’s last known address as shown on the Commission’s records.

(2) If service is made by certified mail, the person who mails the document shall file with the Commission verified proof of mailing.

(3) If the Commission is unable with due diligence to serve process under paragraph (1) of this subsection, a complaint or order shall be served by publication reasonably tailored to provide actual notice to the person to whom the complaint or order is directed.

(4) An order issued under this section that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:

(i) the time set for the hearing, if any; or

(ii) the time set for the filing of the report, if any.

(e) (1) Within 10 days after being served with an order under subsection (c)(1)(i) or (ii) of this section, the person served may request in writing a hearing before the Commission.

(2) The Commission shall give notice and hold a hearing under this section in accordance with the Administrative Procedure Act.

(3) In connection with a hearing conducted under this section, the Commission, on its own initiative or at the request of the person to whom the complaint or order is directed, may:

(i) subpoena any person or evidence that is essential for proper consideration at the hearing; and

(ii) order a witness to give evidence.

(4) If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Commission or the person to whom the complaint or order is directed, a circuit court may compel:

(i) obedience to the order or subpoena; or

(ii) testimony or the production of evidence.

(f) The Commission may designate a hearing officer to conduct a hearing required under this section and issue the final order and decision of the Commission.

(g) (1) Unless the person served with a corrective action order under subsection (c)(1)(i) of this section makes a request for a hearing in accordance with subsection (e)(1) of this section, the order is a final order.

(2) If the person served with a corrective action order under subsection (c)(1)(i) of this section makes a request for a hearing in accordance with subsection (e)(1) of this section, the order becomes a final corrective order in accordance with the decision of the Commission following the hearing.

(3) If the Commission issues an order under subsection (c)(1)(ii), (iii), or (iv) of this section, the Commission may not issue an order that requires corrective action until after the later of:

(i) the conclusion of the hearing, if any; or

(ii) the review of the report, if any.

(4) After the time provided in paragraph (3) of this subsection, if the Commission finds that a violation of the Commission Pretreatment Program has occurred, the Commission shall issue an order that requires correction of the violation within the time set in the order.

(5) An order issued under paragraph (4) of this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Commission as a result of the order.

(6) If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, the Commission shall take action to secure compliance with a final corrective order, including filing suit to require correction of the violation.

(h) In an action for an injunction under § 29–104 of this title to enforce the compliance with or restrain the violation of a provision of the Commission Pretreatment Program or an administrative order issued under this section:

(1) a finding of the Commission after a hearing is prima facie evidence of each fact the Commission determines; and

(2) on a showing that a person is violating or is about to violate a provision of the Commission Pretreatment Program or an administrative order issued under this subsection, the court shall grant the injunction without requiring a showing of a lack of an adequate remedy at law.

(i) (1) In addition to any other judicial remedy and after an opportunity for a hearing, the Commission may impose a penalty for a violation of a provision of the Commission Pretreatment Program stated in the complaint or an administrative order issued under this section.

(2) The Commission shall provide the person subject to a penalty under paragraph (1) of this subsection a written notice stating that:

(i) the Commission intends to assess a penalty against the person;

(ii) the person may request in writing a hearing before the Commission no later than 10 days after receipt of the notice; and

(iii) the failure to file a written request for a hearing no later than 10 days after receipt of the notice shall be considered a waiver of the right to a hearing.

(3) The penalty imposed on a person under this subsection:

(i) may not exceed $1,000 for each violation or $50,000 total; and

(ii) shall be assessed with consideration given to:

1. the extent to which the existence of the violation was known to but uncorrected by the violator and the extent to which the violator exercised reasonable care;

2. any actual or potential harm to human health or to the environment, including injury to or impairment of the Commission sewage collection and treatment systems or the natural resources of the State;

3. the degree of interference with or injury to the general welfare, health, or property rights of the public;

4. the extent to which the geographic location of the system creates the potential for harm to the environment or to human health or safety;

5. the cost of cleanup and restoration of natural resources;

6. the available technology for controlling, reducing, or eliminating the conditions that caused the violation; and

7. the extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

(4) Each day a violation continues is a separate violation under this subsection.

(5) A penalty imposed under this subsection is:

(i) payable to the Commission; and

(ii) collectible in any manner provided at law for the collection of debts.

(6) If a person who is liable to pay a penalty imposed under this subsection fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be:

(i) a lien in favor of the Commission on any property, real or personal, of the person; and

(ii) recorded in the office of the clerk of court for the county in which the property is located.

(j) A person aggrieved by a final decision of the Commission in connection with an order issued under this section may seek judicial review as provided for in the Administrative Procedure Act.
Md. Code, Alcoholic Beverages and Cannabis § 29-1801 — MD Code / Article gab / Title 29 / Subtitle 18 / Section 29-1801
§29–1801.
Status: in_force

(a) The following sections of Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–402 (“Eligibility for renewal; process”);

(2) § 4–403 (“Renewal application”);

(3) § 4–406 (“Protests”);

(4) § 4–407 (“Denial of renewal application”);

(5) § 4–408 (“Issuance of renewed licenses”);

(6) § 4–409 (“Multiple licenses”); and

(7) § 4–410 (“Chain store, supermarket, or discount house”).

(b) Section 4–404 (“Filing period for renewal application”) of Division I of this article does not apply in the county and is superseded by § 29–1802 of this subtitle.

(c) Section 4–405 (“Contents of renewal application”) of Division I of this article applies in the county, subject to § 29–1803 of this subtitle.
Md. Code, State Personnel and Pensions § 29-305 — MD Code / Article gsp / Title 29 / Subtitle 3 / Section 29-305
§29–305.
Status: in_force

(a) In this section, “constitutional officer” means:

(1) the Attorney General of the State;

(2) the Comptroller of the State;

(3) the Lieutenant Governor of the State;

(4) the Secretary of State; or

(5) the Treasurer of the State.

(b) (1) A constitutional officer who is a member of the Employees’ Pension System:

(i) on taking office, has immediate vesting rights in the Employees’ Pension System; and

(ii) except as provided in paragraph (2) of this subsection, is entitled to a retirement allowance as provided in Title 23, Subtitle 4 of this article.

(2) The retirement allowance of a constitutional officer who serves at least one full term may not be less than 10% of the annual salary received during the constitutional officer's last term.
Md. Code, Insurance § 29-101 — MD Code / Article gin / Title 29 / Subtitle 1 / Section 29-101
§29–101.
Status: reserved

The State of Maryland hereby enters the Interstate Insurance Product Regulation Compact as set forth in this section. The Compact shall take effect in accordance with Article XIII of the Compact. The text of the Compact is as follows:

Article I. Purposes.

The purposes of this Compact are, through means of joint and cooperative action among the compacting states:

1. to promote and protect the interest of consumers of individual and group annuity, life insurance, disability income, and long-term care insurance products;

2. to develop uniform standards for insurance products covered under the Compact;

3. to establish a central clearinghouse to receive and provide prompt review of insurance products covered under the Compact and, in certain cases, advertisements related to the insurance products, submitted by insurers authorized to do business in one or more compacting states;

4. to give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard;

5. to improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the Compact;

6. to create the Interstate Insurance Product Regulation Commission; and

7. to perform these and such other related functions as may be consistent with the state regulation of the business of insurance.

Article II. Definitions.

For purposes of this Compact:

1. “Advertisement” means any material designed to create public interest in a product, or induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace, or retain a policy, as more specifically defined in the rules and operating procedures of the Commission.

2. “Bylaws” mean those bylaws established by the Commission for its governance or for directing or controlling the Commission’s actions or conduct.

3. “Compacting state” means any state that has enacted this compact legislation and has not withdrawn pursuant to Article XIV, Section 1, or been terminated pursuant to Article XIV, Section 2.

4. “Commission” means the Interstate Insurance Product Regulation Commission established by this Compact.

5. “Commissioner” means the chief insurance regulatory official of a state, including a commissioner, superintendent, director, or administrator.

6. “Domiciliary state” means the state in which an insurer is incorporated or organized, or, in the case of an alien insurer, its state of entry.

7. “Insurer” means any entity licensed by a state to issue contracts of insurance for any of the lines of insurance covered by this Compact.

8. “Member” means the person chosen by a compacting state as its representative to the Commission or the person’s designee.

9. “Non-compacting state” means any state which is not at the time a compacting state.

10. “Operating procedures” means procedures promulgated by the Commission implementing a rule, uniform standard, or a provision of this Compact.

11. “Product” means the form of a policy or contract, including any application, endorsement, or related form which is attached to and made a part of the policy or contract, and any evidence of coverage or certificate, for an individual or group annuity, life insurance, disability income, or long-term care insurance product that an insurer is authorized to issue.

12. “Rule” means a statement of general or particular applicability and future effect promulgated by the Commission, including a uniform standard developed pursuant to Article VII of this Compact, designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of the Commission, which shall have the force and effect of law in the compacting states.

13. “State” means any state, district, or territory of the United States of America.

14. “Third-party filer” means an entity that submits a product filing to the Commission on behalf of an insurer.

15. “Uniform standard” means a standard adopted by the Commission for a product line, pursuant to Article VII of this Compact, and shall include all of the product requirements in the aggregate; provided, that each uniform standard shall be construed, whether express or implied, to prohibit the use of any inconsistent, misleading, or ambiguous provisions in a product, and the form of the product made available to the public shall not be unfair, inequitable, or against public policy as determined by the Commission.

Article III. Establishment of the Commission and Venue.

1. The compacting states hereby create and establish a joint public agency known as the “Interstate Insurance Product Regulation Commission.” Pursuant to Article IV, the Commission will have the power to develop uniform standards for product lines, receive and provide prompt review of products filed therewith, and give approval to those product filings satisfying applicable uniform standards; provided that it is not intended for the Commission to be the exclusive entity for receipt and review of insurance product filings. Nothing herein shall prohibit any insurer from filing its product in any state in which the insurer is licensed to conduct the business of insurance; and any such filing shall be subject to the laws of the state where filed.

2. The Commission is a body corporate and politic and an instrumentality of the compacting states.

3. The Commission is solely responsible for its liabilities except as otherwise specifically provided in this Compact.

4. 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.

Article IV. Powers of the Commission.

The Commission shall have the following powers:

1. to promulgate rules, pursuant to Article VII of this Compact, which shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in this Compact;

2. to exercise its rule-making authority and establish reasonable uniform standards for products covered under the Compact, and any advertisement related thereto, which shall have the force and effect of law and shall be binding in the compacting states, but only for those products filed with the Commission; provided, that a compacting state shall have the right to opt out of such uniform standard pursuant to Article VII, to the extent and in the manner provided by this Compact; and provided further, that any uniform standard established by the Commission for long-term care insurance products may provide the same or greater protections for consumers as, but shall not provide less than, those protections set forth in the National Association of Insurance Commissioner’s Long-Term Care Insurance Model Act and Long-Term Care Insurance Model Regulation, respectively, adopted as of 2001. The Commission shall consider whether any subsequent amendments to the NAIC Long-Term Care Insurance Model Act or the Long-Term Care Insurance Model Regulation adopted by the NAIC require amending of the uniform standards established by the Commission for long-term care insurance products;

3. to receive and review in an expeditious manner products filed with the Commission, and rate filings for disability income and long-term care insurance products, and give approval of those products and rate filings that satisfy the applicable uniform standard, where such approval shall have the force and effect of law and be binding in the compacting states to the extent and in the manner provided by the Compact;

4. to receive and review in an expeditious manner advertisement relating to long-term care insurance products for which uniform standards have been adopted by the Commission, and give approval to all advertisement that satisfies the applicable uniform standard. For any product covered under this Compact, other than long-term care insurance products, the Commission shall have the authority to require an insurer to submit all or any part of its advertisement with respect to that product for review or approval prior to use, if the Commission determines that the nature of the product is such that an advertisement of the product could have the capacity or tendency to mislead the public. The actions of the Commission as provided in this section shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in the Compact;

5. to exercise its rule-making authority and designate products and advertisement that may be subject to a self-certification process without the need for prior approval by the Commission;

6. to promulgate operating procedures, pursuant to Article VII of this Compact, which shall be binding in the compacting states to the extent and in the manner provided in the Compact;

7. to bring and prosecute legal proceedings or actions in its name as the Commission; provided, that the standing of any state insurance department to sue or be sued under applicable law shall not be affected;

8. to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence;

9. to establish and maintain offices;

10. to purchase and maintain insurance and bonds;

11. to borrow, accept, or contract for services or personnel, including employees of a compacting state;

12. to hire employees, professionals, or specialists, and elect or appoint officers and to fix their compensation, define their duties, give them appropriate authority to carry out the purposes of the Compact, and determine their qualifications; and to establish the Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;

13. to accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, use, and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety;

14. to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;

15. to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

16. to remit filing fees to compacting states as may be set forth in the bylaws, rules, or operating procedures;

17. to enforce compliance by compacting states with rules, uniform standards, operating procedures, and bylaws;

18. to provide for dispute resolution among compacting states;

19. to advise compacting states on issues relating to insurers domiciled or doing business in non-compacting jurisdictions, consistent with the purposes of this Compact;

20. to provide advice and training to those personnel in state insurance departments responsible for product review, and to be a resource for state insurance departments;

21. to establish a budget and make expenditures;

22. to borrow money;

23. to appoint committees, including advisory committees comprised of members, state insurance regulators, state legislators or their representatives, insurance industry and consumer representatives, and such other interested persons as may be designated in the bylaws;

24. to provide and receive information from, and to cooperate with, law-enforcement agencies;

25. to adopt and use a corporate seal; and

26. to perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of the business of insurance.

Article V. Organization of the Commission.

1. Membership, voting, and bylaws.

A. Each compacting state shall have and be limited to one member. Each member shall be qualified to serve in that capacity pursuant to applicable law of the compacting state. Any member may be removed or suspended from office as provided by the law of the state from which the member is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the compacting state in which the vacancy exists. Nothing herein shall be construed to affect the manner in which a compacting state determines the election or appointment and qualification of its own commissioner.

B. Each member shall be entitled to one vote and shall have an opportunity to participate in the governance of the Commission in accordance with the bylaws. Notwithstanding any provision herein to the contrary, no action of the Commission with respect to the promulgation of a uniform standard shall be effective unless two-thirds of the members vote in favor thereof.

C. The Commission, by a majority of the members, shall prescribe bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes, and exercise the powers, of the Compact, including:

I. establishing the fiscal year of the Commission;

II. providing reasonable procedures for appointing and electing members and holding meetings of the management committee;

III. providing reasonable standards and procedures: (i) for the establishment and meetings of other committees; and (ii) governing any general or specific delegation of any authority or function of the Commission;

IV. providing reasonable procedures for calling and conducting meetings of the Commission that consists of a majority of Commission members, ensuring reasonable advance notice of each such meeting, and providing for the right of citizens to attend each such meeting with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and insurers’ proprietary information, including trade secrets. The Commission may meet in camera only after a majority of the entire membership votes to close a meeting in whole or in part. As soon as practicable, the Commission must make public: (i) a copy of the vote to close the meeting revealing the vote to each member with no proxy votes allowed; and (ii) votes taken during the meeting;

V. establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the Commission;

VI. providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Commission;

VII. promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees; and

VIII. providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations.

D. The Commission shall publish its bylaws in a convenient form and file a copy of the bylaws, and a copy of any amendment to the bylaws, with the appropriate agency or officer in each of the compacting states.

2. Management committee, officers, and personnel.

A. A management committee comprised of no more than 14 members shall be established as follows:

I. one member from each of the six compacting states with the largest premium volume for individual and group annuities, life, disability income, and long-term care insurance products, determined from the records of the NAIC for the prior year;

II. four members from those compacting states with at least 2% of the market, based on the premium volume described above, other than the six compacting states with the largest premium volume, selected on a rotating basis as provided in the bylaws; and

III. four members from those compacting states with less than 2% of the market, based on the premium volume described above, with one selected from each of the four zone regions of the NAIC as provided in the bylaws.

B. The management committee shall have such authority and duties as may be set forth in the bylaws, including:

I. managing the affairs of the Commission in a manner consistent with the bylaws and purposes of the Commission;

II. establishing and overseeing an organizational structure within, and appropriate procedures for, the Commission to provide for the creation of uniform standards and other rules, receipt and review of product filings, administrative and technical support functions, review of decisions regarding the disapproval of a product filing, and the review of elections made by a compacting state to opt out of a uniform standard; provided that a uniform standard shall not be submitted to the compacting states for adoption unless approved by two-thirds of the members of the management committee;

III. overseeing the offices of the Commission; and

IV. planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Commission.

C. The Commission shall elect annually officers from the management committee, with each having such authority and duties as may be specified in the bylaws.

D. The management committee, subject to the approval of the Commission, may appoint or retain an executive director for such period, on such terms and conditions and for such compensation as the Commission may deem appropriate. The executive director shall serve as secretary to the Commission, but shall not be a member of the Commission. The executive director shall hire and supervise such other staff as may be authorized by the Commission.

3. Legislative and advisory committees.

A. A legislative committee comprised of state legislators or their designees shall be established to monitor the operations of, and make recommendations to, the Commission, including the management committee; provided that the manner of selection and term of any legislative committee member shall be as set forth in the bylaws. Prior to the adoption by the Commission of any uniform standard, revision of the bylaws, annual budget, or other significant matter as may be provided in the bylaws, the management committee shall consult with and report to the legislative committee.

B. The Commission shall establish two advisory committees, one of which shall be comprised of consumer representatives independent of the insurance industry and the other comprised of insurance industry representatives.

C. The Commission may establish additional advisory committees as its bylaws may provide for the carrying out of its functions.

4. Corporate records of the Commission.

The Commission shall maintain its corporate books and records in accordance with the bylaws.

5. Qualified immunity, defense, and indemnification.

A. 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 such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that person.

B. 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 the person’s own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful and wanton misconduct.

C. 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 such 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 and wanton misconduct of that person.

Article VI. Meetings and Acts of the Commission.

1. The Commission shall meet and take such actions as are consistent with the provisions of the Compact and the bylaws.

2. Each member of the Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Commission. A member shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for members’ participation in meetings by telephone or other means of communication.

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

Article VII. Rules and Operating Procedures, Rule Making Functions of the Commission, and Opting Out of Uniform Standards.

1. Rule making authority. The Commission shall promulgate reasonable rules, including uniform standards, and operating procedures in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Commission exercises its rule making authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted under this Compact, then such an action by the Commission shall be invalid and have no force and effect.

2. Rule making procedure. Rules and operating procedures shall be made pursuant to a rule making process that conforms to the Model State Administrative Procedure Act of 1981, as amended, as may be appropriate to the operations of the Commission. Before the Commission adopts a uniform standard, the Commission shall give written notice to the relevant state legislative committees in each compacting state responsible for insurance issues of its intention to adopt the uniform standard. The Commission, in adopting a uniform standard, shall consider fully all submitted materials and issue a concise explanation of its decision.

3. Effective date and opt out of a uniform standard. A uniform standard shall become effective 90 days after its promulgation by the Commission or such later date as the Commission may determine; provided, however, that a compacting state may opt out of a uniform standard as provided in this article. “Opt out” shall be defined as any action by a compacting state to decline to adopt or participate in a promulgated uniform standard. All other rules and operating procedures, and amendments thereto, shall become effective as of the date specified in each rule, operating procedure, or amendment.

4. Opt out procedure. A compacting state may opt out of a uniform standard, either by legislation or regulation duly promulgated by the insurance department under the compacting state’s administrative procedure act or duly promulgated pursuant to the compacting state’s law. If a compacting state elects to opt out of a uniform standard by regulation, it must: (i) give written notice to the Commission no later than 10 business days after the uniform standard is promulgated, or at a time the state becomes a compacting state; and (ii) find that the uniform standard does not provide reasonable protections to the citizens of the state, given the conditions in the state. The commissioner shall make specific findings of fact and conclusions of law, based on a preponderance of the evidence, detailing the conditions in the state which warrant a departure from the uniform standard and determining that the uniform standard would not reasonably protect the citizens of the state. The commissioner must consider and balance the following factors and find that the conditions in the state and needs of the citizens of the state outweigh: (i) the intent of the legislature to participate in, and the benefits of, an interstate agreement to establish national uniform consumer protections for the products subject to this Compact; and (ii) the presumption that a uniform standard adopted by the Commission provides reasonable protections to consumers of the relevant product.

Notwithstanding the foregoing, a compacting state may, at the time of its enactment of this Compact, prospectively opt out of all uniform standards involving long-term care insurance products by expressly providing for such opt out in the enacted Compact, and such an opt out shall not be treated as a material variance in the offer or acceptance of any state to participate in this Compact. Such an opt out shall be effective at the time of enactment of this Compact by the compacting state and shall apply to all existing uniform standards involving long-term care insurance products and those subsequently promulgated.

5. Effect of opt out. If a compacting state elects to opt out of a uniform standard, the uniform standard shall remain applicable in the compacting state electing to opt out until such time as the opt out legislation is enacted into law or the regulation opting out becomes effective.

Once the opt out of a uniform standard by a compacting state becomes effective as provided under the laws of that state, the uniform standard shall have no further force and effect in that state unless and until the legislation or regulation implementing the opt out is repealed or otherwise becomes ineffective under the laws of the state. If a compacting state opts out of a uniform standard after the uniform standard has been made effective in that state, the opt out shall have the same prospective effect as provided under Article XIV for withdrawals.

6. Stay of uniform standard. If a compacting state has formally initiated the process of opting out of a uniform standard by regulation, and while the regulatory opt out is pending, the compacting state may petition the Commission, at least 15 days before the effective date of the uniform standard, to stay the effectiveness of the uniform standard in that state. The Commission may grant a stay if it determines the regulatory opt out is being pursued in a reasonable manner and there is a likelihood of success. If a stay is granted or extended by the Commission, the stay or extension thereof may postpone the effective date by up to 90 days, unless affirmatively extended by the Commission; provided, that a stay may not be permitted to remain in effect for more than 1 year unless the compacting state can show extraordinary circumstances which warrant a continuance of the stay, including the existence of a legal challenge which prevents the compacting state from opting out. A stay may be terminated by the Commission on notice that the rule making process has been terminated.

7. Not later than 30 days after a rule or operating procedure is promulgated, any person may file a petition for judicial review of the rule or operating procedure; provided, that the filing of such a petition shall not stay or otherwise prevent the rule or operating procedure from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Commission consistent with applicable law and shall not find the rule or operating procedure to be unlawful if the rule or operating procedure represents a reasonable exercise of the Commission’s authority.

Article VIII. Commission Records and Enforcement.

1. The Commission shall promulgate rules establishing conditions and procedures for public inspection and copying of its information and official records, except such information and records involving the privacy of individuals and insurers’ trade secrets. The Commission may promulgate additional rules under which it may make available to federal and state agencies, including law-enforcement agencies, records and information otherwise exempt from disclosure, and may enter into agreements with such agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

2. Except as to privileged records, data, and information, the laws of any compacting state pertaining to confidentiality or nondisclosure shall not relieve any compacting state commissioner of the duty to disclose any relevant records, data, or information to the Commission; provided, that disclosure to the Commission shall not be deemed to waive or otherwise affect any confidentiality requirement; and further provided, that, except as otherwise expressly provided in this Compact, the Commission shall not be subject to the compacting state’s laws pertaining to confidentiality and nondisclosure with respect to records, data, and information in its possession. Confidential information of the Commission shall remain confidential after such information is provided to any commissioner.

3. The Commission shall monitor compacting states for compliance with duly adopted bylaws, rules, including uniform standards, and operating procedures. The Commission shall notify any noncomplying compacting state in writing of its noncompliance with Commission bylaws, rules, or operating procedures. If a noncomplying compacting state fails to remedy its noncompliance within the time specified in the notice of noncompliance, the compacting state shall be deemed to be in default as set forth in Article XIV.

4. The commissioner of any state in which an insurer is authorized to do business, or is conducting the business of insurance, shall continue to exercise the commissioner’s authority to oversee the market regulation of the activities of the insurer in accordance with the provisions of the state’s law. The commissioner’s enforcement of compliance with the Compact is governed by the following provisions:

A. With respect to the commissioner’s market regulation of a product or advertisement that is approved by or certified to the Commission, the content of the product or advertisement shall not constitute a violation of the provisions, standards, or requirements of the Compact except on a final order of the Commission, issued at the request of a commissioner after prior notice to the insurer and an opportunity for a hearing before the Commission.

B. Before a commissioner may bring an action for violation of any provision, standard, or requirement of the Compact relating to the content of an advertisement not approved by or certified to the Commission, the Commission, or an authorized Commission officer or employee, must authorize the action. However, authorization pursuant to this paragraph does not require notice to the insurer, opportunity for a hearing, disclosure of requests for authorization, or disclosure of records of the Commission’s action on such requests.

Article IX. Dispute Resolution.

The Commission shall attempt, on the request of a member, to resolve any disputes or other issues that are subject to this Compact and which may arise between two or more compacting states, or between compacting states and non-compacting states, and the Commission shall promulgate an operating procedure providing for resolution of such disputes.

Article X. Product Filing and Approval.

1. Insurers and third-party filers seeking to have a product approved by the Commission shall file the product with, and pay applicable filing fees to, the Commission. Nothing in this Compact shall be construed to restrict or otherwise prevent an insurer from filing its product with the insurance department in any state in which the insurer is licensed to conduct the business of insurance, and such filing shall be subject to the laws of the states where filed.

2. The Commission shall establish appropriate filing and review processes and procedures pursuant to Commission rules and operating procedures. Notwithstanding any provision herein to the contrary, the Commission shall promulgate rules to establish conditions and procedures under which the Commission will provide public access to product filing information. In establishing such rules, the Commission shall consider the interests of the public in having access to such information, as well as the protection of personal medical and financial information and trade secrets that may be contained in a product filing or supporting information.

3. Any product approved by the Commission may be sold or otherwise issued in those compacting states for which the insurer is legally authorized to do business.

Article XI. Review of Commission Decisions Regarding Filings.

1. Not later than 30 days after the Commission has given notice of a disapproved product or advertisement filed with the Commission, the insurer or third-party filer whose filing was disapproved may appeal the determination to a review panel appointed by the Commission. The Commission shall promulgate rules to establish procedures for appointing such review panels and provide for notice and a hearing. An allegation that the Commission, in disapproving a product or advertisement filed with the Commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with Article III, Section 4.

2. The Commission shall have authority to monitor, review, and reconsider products and advertisement subsequent to their filing or approval on a finding that the product does not meet the relevant uniform standard. Where appropriate, the Commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in Section 1 of this article.

Article XII. Finance.

1. The Commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the Commission may accept contributions and other forms of funding from the National Association of Insurance Commissioners, compacting states, and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the Commission concerning the performance of its duties shall not be compromised.

2. The Commission shall collect a filing fee from each insurer and third-party filer filing a product with the Commission to cover the cost of the operations and activities of the Commission and its staff in a total amount sufficient to cover the Commission’s annual budget.

3. The Commission’s budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in Article VII of this Compact.

4. The Commission shall be exempt from all taxation in and by the compacting states.

5. The Commission shall not pledge the credit of any compacting state, except by and with the appropriate legal authority of that compacting state.

6. The Commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the Commission shall be subject to the accounting procedures established under its bylaws. The financial accounts and reports, including the system of internal controls and procedures of the Commission, shall be audited annually by an independent certified public accountant. On the determination of the Commission, but no less frequently than every 3 years, the review of the independent auditor shall include a management and performance audit of the Commission. The Commission shall make an annual report to the governor and legislature of the compacting states, which shall include a report of the independent audit. The Commission’s internal accounts shall not be confidential and such materials may be shared with the commissioner of any compacting state on request; provided, however, that any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers’ proprietary information, including trade secrets, shall remain confidential.

7. No compacting state shall have any claim to or ownership of any property held by or vested in the Commission or to any Commission funds held pursuant to the provisions of this Compact.

Article XIII. Compacting States, Effective Date, and Amendment.

1. Any state is eligible to become a compacting state.

2. The Compact shall become effective and binding on legislative enactment of the Compact into law by two compacting states; provided, that the Commission shall become effective for purposes of adopting uniform standards for, reviewing, and giving approval or disapproval of, products filed with the Commission that satisfy applicable uniform standards only after 26 states are compacting states; or, alternatively, by states representing greater than 40 percent of the premium volume for life insurance, annuity, disability income, and long-term care insurance products, based on records of the NAIC for the prior year. Thereafter, it shall become effective and binding as to any other compacting state on enactment of the Compact into law by that state.

3. Amendments to the Compact may be proposed by the Commission for enactment by the compacting states. No amendment shall become effective and binding on the Commission and the compacting states unless and until all compacting states enact the amendment into law.

Article XIV. Withdrawal, Default, and Termination.

1. Withdrawal.

A. Once effective, the Compact shall continue in force and remain binding on each and every compacting state; provided, that a compacting state may withdraw from the Compact (withdrawing state) by enacting a statute specifically repealing the statute which enacted the Compact into law.

B. The effective date of withdrawal is the effective date of the repealing statute. However, the withdrawal shall not apply to any product filings approved or self-certified, or any advertisement of such products, on the date the repealing statute becomes effective, except by mutual agreement of the Commission and the withdrawing state unless the approval is rescinded by the withdrawing state as provided in subsection E of this section.

C. The commissioner of the withdrawing state immediately shall notify the management committee in writing on the introduction of legislation repealing this Compact in the withdrawing state.

D. The Commission shall notify the other compacting states of the introduction of such legislation within 10 days after its receipt of notice thereof.

E. The withdrawing state is responsible for all obligations, duties, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal, except to the extent those obligations may have been released or relinquished by mutual agreement of the Commission and the withdrawing state. The Commission’s approval of products and advertisement prior to the effective date of withdrawal shall continue to be effective and be given full force and effect in the withdrawing state, unless formally rescinded by the withdrawing state in the same manner as provided by the laws of the withdrawing state for the prospective disapproval of products or advertisement previously approved under state law.

F. Reinstatement following withdrawal of any compacting state shall occur on the effective date of the withdrawing state reenacting the Compact.

2. Default.

A. If the Commission determines that any compacting state has at any time defaulted (defaulting state) in the performance of any of its obligations or responsibilities under the Compact, the bylaws, or duly promulgated rules or operating procedures, then, after notice and a hearing as set forth in the bylaws, all rights, privileges, and benefits conferred by this Compact on the defaulting state shall be suspended from the effective date of default as fixed by the Commission. The grounds for default include the failure of a compacting state to perform its obligations or responsibilities and any other grounds designated in Commission rules. The Commission immediately shall notify the defaulting state in writing of the defaulting state’s suspension pending a cure of the default. The Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Commission, the defaulting state shall be terminated from the Compact and all rights, privileges, and benefits conferred by this Compact shall be terminated from the effective date of termination.

B. Product approvals by the Commission or product self-certifications, or any advertisement in connection with such product, that are in force on the effective date of termination shall remain in force in the defaulting state in the same manner as if the defaulting state had withdrawn voluntarily pursuant to Section 1 of this article.

C. Reinstatement following termination of any compacting state requires a reenactment of the Compact.

3. Dissolution of Compact.

A. The Compact dissolves effective on the date of the withdrawal or default of the compacting state which reduces membership in the Compact to one compacting state.

B. On the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

Article XV. Severability and Construction.

1. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.

2. The provisions of this Compact shall be liberally construed to effectuate its purposes.

Article XVI. Other Laws and Binding Effect of Compact.

1. Other laws.

A. Nothing herein prevents the enforcement of any other law of a compacting state, except as provided in paragraph B of this section.

B. For any product approved by or certified to the Commission, the rules, uniform standards, and any other requirements of the Commission shall constitute the exclusive provisions applicable to the content, approval, and certification of such products. For an advertisement that is subject to the Commission’s authority, any rule, uniform standard, or other requirement of the Commission which governs the content of the advertisement shall constitute the exclusive provision that a commissioner may apply to the content of the advertisement. Notwithstanding the foregoing, no action taken by the Commission shall abrogate or restrict: (i) the access of any person to state courts; (ii) remedies available under state law related to breach of contract, tort, or other laws not specifically directed to the content of the product; (iii) state law relating to the construction of insurance contracts; or (iv) the authority of the attorney general of the state, including maintaining any actions or proceedings, as authorized by law.

C. All insurance products filed with individual states shall be subject to the laws of those states.

2. Binding effect of Compact.

A. All lawful actions of the Commission, including all rules and operating procedures promulgated by the Commission, are binding on the compacting states.

B. All agreements between the Commission and the compacting states are binding in accordance with their terms.

C. On the request of a party to a conflict over the meaning or interpretation or Commission actions, and on a majority vote of the compacting states, the Commission may issue advisory opinions regarding the meaning or interpretation in dispute.

D. In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by that provision on the Commission shall be ineffective as to that compacting state, and those obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which those obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this Compact becomes effective.
Md. Code, Local Government § 29-106 — MD Code / Article glg / Title 29 / Subtitle 1 / Section 29-106
§29–106.
Status: in_force

(a) The Commission may:

(1) provide advice and assistance related to the filing and processing of grievances and complaints of discrimination with the appropriate federal and State agencies;

(2) educate the community on the rights and responsibilities of people relating to housing, employment, and public accommodations;

(3) advocate for the removal of all vestiges of discrimination; and

(4) assist in nonbinding alternative dispute resolution.

(b) The Commission shall:

(1) use its influence and persuasion to direct the efforts of the community to solving problems that many times are the basic reasons for racial tensions; and

(2) encourage and ensure equal treatment of all people, without regard to race, color, religion, ancestry, national origin, sex, age, marital status, or physical or mental disability, in compliance with federal, State, and local laws and regulations related to housing, employment, and public accommodations.
Md. Code, Alcoholic Beverages and Cannabis § 29-1704 — MD Code / Article gab / Title 29 / Subtitle 17 / Section 29-1704
§29–1704.
Status: in_force

The fee for a transfer of a license is $50, in addition to the costs of publication, notice, and any hearing fees required.
Md. Code, State Personnel and Pensions § 29-204.3 — MD Code / Article gsp / Title 29 / Subtitle 2 / Section 29-204.3
§29–204.
Status: in_force

§29–204.3.

(a) This section applies only to an individual who is killed while a member of the Judges’ Retirement System:

(1) without willful negligence by the member; and

(2) with death arising out of or in the course of the actual performance of duty.

(b) When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in subsection (a) of this section, the Board of Trustees shall pay:

(1) if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:

(i) the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and

(ii) an allowance of two–thirds of the salary payable in that fiscal year to a member holding the same level judicial position as that held by the member as of the date of death of the member:

1. to the surviving spouse;

2. if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or

3. if there is no surviving spouse, no child under the age of 26 years, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or

(2) if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, a death benefit in accordance with § 27–403(a)(2) of this article.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the Board of Trustees pays an allowance under this section to more than one child, the Board of Trustees shall divide the allowance among the children in a manner that provides for payments to continue until:

(i) each child has died; or

(ii) each child becomes 26 years old.

(2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child who is disabled shall continue to receive an allowance under paragraph (1) of this subsection past the age of 26 years, if the child continues to be disabled.

(3) (i) If a surviving child receiving an allowance under paragraph (1) of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the Board of Trustees shall pay to the disabled surviving child an allowance equal to the total of the allowances paid under paragraph (1) of this subsection after:

1. all other nondisabled surviving children have died; or

2. the youngest nondisabled surviving child becomes 26 years old.

(ii) If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the allowance payable under subparagraph (i) of this paragraph shall be divided equally among the disabled children.

(d) Before the payment of any special death benefit is made under this section, if all individuals eligible for a special death benefit under this section elect to waive the payment of the special death benefit, a benefit shall be paid in accordance with § 27–403 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 29-2003 — MD Code / Article gab / Title 29 / Subtitle 20 / Section 29-2003
§29–2003.
Status: in_force

(a) (1) A holder of a Class A beer and wine license may sell beer and wine:

(i) on Monday, from 8 a.m. to 2 a.m. the following day; and

(ii) on Tuesday through Saturday, from 6 a.m. to 2 a.m. the following day.

(2) A holder of a 7–day Class A beer and wine license may sell beer and wine on Sunday, from 8 a.m. to 2 a.m. the following day.

(b) A holder of a Class B beer and wine license may sell beer and wine:

(1) on Monday, from 8 a.m. to 2 a.m. the following day; and

(2) on Tuesday through Saturday, from 6 a.m. to 2 a.m. the following day.

(c) A holder of a Class C beer and wine license may sell beer and wine:

(1) on Monday, from 8 a.m. to 2 a.m. the following day; and

(2) on Tuesday through Saturday, from 6 a.m. to 2 a.m. the following day.

(d) A holder of a Class D beer and wine license may sell beer and wine:

(1) on Monday, from 8 a.m. to 2 a.m. the following day; and

(2) on Tuesday through Saturday, from 6 a.m. to 2 a.m. the following day.
Md. Code, Alcoholic Beverages and Cannabis § 29-801 — MD Code / Article gab / Title 29 / Subtitle 8 / Section 29-801
§29–801.
Status: in_force

The wine that may be sold under a beer and wine license may not contain more than 22% of alcohol by volume.
Md. Code, State Personnel and Pensions § 29-117 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-117
§29–117.
Status: in_force

(a) A disability retiree who is rehired by a participating employer may not receive creditable service or eligibility service during the period of reemployment.

(b) The disability retiree’s compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21-303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes.

(c) The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.

(d) (1) Immediately on the employment of any retiree, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the retiree.

(2) At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year.

(e) An individual who is receiving a disability retirement allowance under this title may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:

(1) the State or other participating employer; or

(2) a withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while the withdrawn governmental unit was a participating employer.
Md. Code, Alcoholic Beverages and Cannabis § 29-501 — MD Code / Article gab / Title 29 / Subtitle 5 / Section 29-501
§29–501.
Status: in_force

The following sections of Title 2, Subtitle 3 (“Wholesaler’s Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 2–301 (“Licenses issued by Comptroller”);

(2) § 2–302 (“Class 1 beer, wine, and liquor wholesaler’s license”);

(3) § 2–303 (“Class 2 wine and liquor wholesaler’s license”);

(4) § 2–304 (“Class 3 beer and wine wholesaler’s license”);

(5) § 2–305 (“Class 4 beer wholesaler’s license”);

(6) § 2–306 (“Class 5 wine wholesaler’s license”);

(7) § 2–307 (“Class 6 limited wine wholesaler’s license”);

(8) § 2–308 (“Class 7 limited beer wholesaler’s license”);

(9) § 2–309 (“Sale and delivery of beer or wine from wholesaler’s vehicle”);

(10) § 2–310 (“Sale and delivery to retail license holder”);

(11) § 2–311 (“Additional wholesaler’s licenses”);

(12) § 2–312 (“Direct importation of alcoholic beverages”);

(13) § 2–313 (“Sale or delivery restricted to holder of license or permit”);

(14) § 2–314 (“Beer sale on credit to retail dealer prohibited”);

(15) § 2–315 (“Interaction between wholesaling entities and retailers”);

(16) § 2–316 (“Distribution of alcoholic beverages — Prohibited practices”); and

(17) § 2–317 (“Restrictive agreements between wholesalers and retailers — Prohibited”).
Md. Code, Alcoholic Beverages and Cannabis § 29-1803 — MD Code / Article gab / Title 29 / Subtitle 18 / Section 29-1803
§29–1803.
Status: in_force

The Board may not renew a license until the license holder has presented the Board with a certificate of receipt issued by the County Finance Office showing that there are no unpaid taxes on the inventory and personal property of the renewal applicant due to the county or State.
Md. Code, Alcoholic Beverages and Cannabis § 29-401 — MD Code / Article gab / Title 29 / Subtitle 4 / Section 29-401
§29–401.
Status: in_force

(a) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 2–201 (“Issuance by Comptroller”);

(2) § 2–202 (“Class 1 distillery license”);

(3) § 2–203 (“Class 9 limited distillery license”);

(4) § 2–204 (“Class 2 rectifying license”);

(5) § 2–205 (“Class 3 winery license”);

(6) § 2–206 (“Class 4 limited winery license”);

(7) § 2–207 (“Class 5 brewery license”);

(8) § 2–209 (“Class 7 micro–brewery license”);

(9) § 2–210 (“Class 8 farm brewery license”);

(10) § 2–211 (“Residency requirement”);

(11) § 2–212 (“Additional licenses”);

(12) § 2–213 (“Additional fees”);

(13) § 2–214 (“Sale or delivery restricted”);

(14) § 2–215 (“Beer sale on credit to retail dealer prohibited”);

(15) § 2–216 (“Interaction between manufacturing entities and retailers”);

(16) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(17) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) Section 2–208 (“Class 6 pub–brewery license”) of Division I of this article does not apply in the county.
Md. Code, Alcoholic Beverages and Cannabis § 29-205 — MD Code / Article gab / Title 29 / Subtitle 2 / Section 29-205
§29–205.
Status: in_force

The Board may adopt regulations to carry out this article.
Md. Code, Public Utilities § 29-107 — MD Code / Article gpu / Title 29 / Subtitle 1 / Section 29-107
§29–107.
Status: in_force

(a) A person who violates any of the following provisions is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both:

(1) § 17–403 of this article (Commission regulations, except for those specified in subsection (c) of this section and §§ 29–101(b) and 29–102(a) of this title);

(2) Title 22, Subtitle 1 of this article (general obligation bonds and notes);

(3) § 23–102(a) of this article (construction of private or municipal systems);

(4) § 23–202 of this article (service connections);

(5) § 26–103 of this article (tampering with Commission system in Anne Arundel County);

(6) § 26–205 of this article (tampering with Commission system in Howard County);

(7) §§ 27–101(c) and 27–108 of this article (public utilities construction);

(8) § 29–105 of this title (unlawful use of Commission property, except for the regulations governing publicly owned watershed property); or

(9) § 29–106 of this title (leaving dead animals or fecal matter unburied).

(b) A person who violates the provisions of Title 20, Subtitle 2 of this article as they relate to the minority business enterprise utilization program by committing a prohibited act listed under § 14–308 of the State Finance and Procurement Article, on conviction, is subject to the penalties provided under that section.

(c) A person who violates emergency water use restrictions adopted in accordance with § 17–403 of this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

(d) A person who violates Title 18, Subtitle 1 of this article (Personnel Management) is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

(e) A person who violates § 19–102(b) of this article (ethics) is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

(f) A person may be convicted of a second or subsequent violation of a provision of this Division II or a regulation adopted under this Division II.
Md. Code, Local Government § 29-102 — MD Code / Article glg / Title 29 / Subtitle 1 / Section 29-102
§29–102.
Status: in_force

(a) By ordinance or resolution, the County Commissioners of St. Mary’s County may establish a Human Relations Commission for the county.

(b) The purposes of the Commission are to:

(1) promote understanding and harmony of relationship among the people of the county through the study of the nature and causes of social friction and prejudice;

(2) advance the means for the alleviation of social friction and prejudice; and

(3) further the American ideal of equality and justice.
Md. Code, State Personnel and Pensions § 29-113 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-113
§29–113.
Status: in_force

(a) Subject to subsection (b) of this section, a disability retiree of the State Police Retirement System, or a beneficiary of a disability retiree of the State Police Retirement System, who retires on or before June 30, 1999, with an ordinary or special disability retirement allowance under § 29–107 or § 29–111 of this subtitle, shall receive an annual retirement allowance adjustment as of July 1, 1999, as follows:

(1) for a retiree who has been retired not more than 5 years, $1,200;

(2) for a retiree who has been retired more than 5 years but not more than 10 years, $1,500;

(3) for a retiree who has been retired more than 10 years but not more than 15 years, $1,800; and

(4) for a retiree who has been retired more than 15 years, $2,100.

(b) Each fiscal year, the Board of Trustees shall increase the adjustment received by the retiree or the beneficiary as of July 1, 1999, by multiplying the adjustment by a fraction that has:

(1) as its numerator, the Consumer Price Index for the calendar year ending December 31 of the preceding fiscal year; and

(2) as its denominator, the Consumer Price Index for the calendar year ending December 31, 1998.
Md. Code, State Personnel and Pensions § 29-203 — MD Code / Article gsp / Title 29 / Subtitle 2 / Section 29-203
§29–203.
Status: in_force

(a) (1) This subsection applies only to an individual who dies while employed as a member of the Law Enforcement Officers’ Pension System:

(i) without willful negligence by the member; and

(ii) with more than 2 years of eligibility service.

(2) When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in paragraph (1) of this subsection, the Board of Trustees shall pay:

(i) if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:

1. the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and

2. an allowance of 50% of the ordinary disability retirement allowance provided for in § 29–108 of this title:

A. to the surviving spouse;

B. if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or

C. if there is no surviving spouse, no child younger than 26 years of age, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or

(ii) if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29–202 of this subtitle.

(b) (1) This subsection applies only to an individual who dies while employed as a member of the Law Enforcement Officers’ Pension System:

(i) without willful negligence by the member; and

(ii) with death arising out of or in the course of the actual performance of duty.

(2) When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in paragraph (1) of this subsection, the Board of Trustees shall pay:

(i) if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:

1. the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and

2. an allowance of two–thirds of the member’s average final compensation:

A. to the surviving spouse;

B. if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or

C. if there is no surviving spouse, no child younger than 26 years of age, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or

(ii) if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29–202 of this subtitle.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the Board of Trustees pays an allowance under this section to more than one child, the Board of Trustees shall divide the allowance among the children in a manner that provides for payments to continue until:

(i) each child has died; or

(ii) each child becomes 26 years old.

(2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child who is disabled shall continue to receive an allowance under paragraph (1) of this subsection past the age of 26 years, if the child continues to be disabled.

(3) (i) If a surviving child receiving an allowance under paragraph (1) of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the Board of Trustees shall pay to the disabled surviving child an allowance equal to the total of the allowances paid under paragraph (1) of this subsection after:

1. all other nondisabled surviving children have died; or

2. the youngest nondisabled surviving child becomes 26 years old.

(ii) If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the allowance payable under subparagraph (i) of this paragraph shall be divided equally among the disabled children.

(d) Before the payment of any special death benefit is made under this section, if all individuals eligible for a special death benefit under this section elect to waive the payment of the special death benefit, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 29-1401 — MD Code / Article gab / Title 29 / Subtitle 14 / Section 29-1401
§29–1401.
Status: in_force

(a) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–102 (“Applications to be filed with local licensing board”);

(2) § 4–103 (“Application on behalf of partnership”);

(3) § 4–104 (“Application on behalf of corporation or club”);

(4) § 4–105 (“Application on behalf of limited liability company”);

(5) § 4–106 (“Payment of notice expenses”);

(6) § 4–108 (“Application form required by Comptroller”);

(7) § 4–110 (“Required information on application — Petition of support”);

(8) § 4–111 (“Payment of license fees”);

(9) § 4–112 (“Disposition of license fees”);

(10) § 4–113 (“Refund of license fees”); and

(11) § 4–114 (“Fees for licenses issued for less than 1 year”).

(b) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county:

(1) § 4–107 (“Criminal history records check”), subject to §§ 29–1402 through 29–1404 of this subtitle; and

(2) § 4–109 (“Required information on application — In general”), in addition to §§ 29–1405 and 29–1406 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 29-601 — MD Code / Article gab / Title 29 / Subtitle 6 / Section 29-601
§29–601.
Status: in_force

(a) There is a Class A beer license.

(b) (1) The license authorizes the license holder to sell beer at retail to consumers at the place described in the license.

(2) A license may not be issued for a premises having a direct or indirect connection with a drug or pharmaceutical dispensing business or other business establishment of a type commonly known as a drugstore.

(3) The license holder shall sell the beer in a sealed package or container.

(4) The package or container may not be opened and its contents may not be consumed on the premises where the beer was sold.

(c) The annual license fees are:

(1) $126 for a 6–day license; and

(2) $158 for a 7–day license.
Md. Code, State Personnel and Pensions § 29-404 — MD Code / Article gsp / Title 29 / Subtitle 4 / Section 29-404
§29–404.
Status: reserved

(a) (1) Except as provided in paragraph (2) of this subsection, this section applies only to an allowance based on creditable service earned before July 1, 2011, for a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree of:

(i) the Employees’ Pension System, if the deceased member, former member, or retiree was an employee of:

1. a participating governmental unit that has not elected the contributory pension benefit or the Alternate Contributory Pension Selection for its members in accordance with § 31–116 or § 31–116.1 of this article; or

2. a former participating governmental unit, other than Frederick County, that has withdrawn before July 1, 1998, while a member;

(ii) the Law Enforcement Officers’ Pension System, only if the deceased member, former member, or retiree transferred to the Law Enforcement Officers’ Pension System from the Employees’ Retirement System and did not elect to participate in the Law Enforcement Officers’ Modified Pension Benefit on or before December 31, 2000, as provided in § 26–211 of this article; or

(iii) the Local Fire and Police System.

(2) This section does not apply to an allowance that is subject to adjustment under § 29–403, § 29–405, § 29–406, § 29–407, or § 29–408 of this subtitle.

(b) A cost–of–living adjustment payable under this section shall be a simple cost–of–living adjustment computed in accordance with § 29–402(d)(3) of this subtitle.

(c) A cost–of–living adjustment payable under this section shall be subject to a cost–of–living rate cap of 3%.
Md. Code, State Personnel and Pensions § 29-206 — MD Code / Article gsp / Title 29 / Subtitle 2 / Section 29-206
§29–206.
Status: reserved

(a) This section applies to an individual who died while employed as a member:

(1) (i) of the Employees’ Pension System;

(ii) of the Teachers’ Pension System; or

(iii) of the Local Fire and Police System, if the member had not transferred from the Employees’ Retirement System; and

(2) (i) who was eligible to retire;

(ii) who had at least 25 years of eligibility service; or

(iii) who:

1. was not subject to the Reformed Contributory Pension Benefit and was at least 55 years old with at least 15 years of eligibility service; or

2. was subject to the Reformed Contributory Pension Benefit and was at least 60 years old with at least 15 years of eligibility service.

(b) Except as provided in subsection (d) of this section, a member’s surviving spouse may elect to receive one of the following:

(1) the death benefit under § 29–202 of this subtitle; or

(2) an allowance equal to the amount payable under Option 2 as described in § 21–403 of this article.

(c) (1) Except as provided in subsection (d) of this section, when the Board of Trustees receives proof of a death of a member described under subsection (a) of this section and there is no surviving spouse, a child under the age of 26 years or a disabled child of the member may elect to receive an allowance in accordance with this subsection.

(2) If an election is made under paragraph (1) of this subsection, the Board of Trustees shall pay, in accordance with paragraph (3) of this subsection, an allowance equal to 50% of the basic allowance the member was eligible to receive under Division II of this article to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code.

(3) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, if the Board of Trustees pays an allowance under this subsection to more than one child, the Board of Trustees shall divide the allowance among the children in a manner that provides for payments to continue until:

1. each child has died; or

2. each child becomes 26 years old.

(ii) Notwithstanding subparagraph (i)2 of this paragraph, a surviving child who is disabled shall continue to receive an allowance under subparagraph (i) of this paragraph past the age of 26 years, if the child continues to be disabled.

(iii) 1. If a surviving child receiving an allowance under subparagraph (i) of this paragraph is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the Board of Trustees shall pay to the disabled surviving child an allowance equal to the total of the allowances paid under subparagraph (i) of this paragraph after:

A. all other nondisabled surviving children have died; or

B. the youngest nondisabled surviving child becomes 26 years old.

2. If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the retirement allowance payable under subsubparagraph 1 of this subparagraph shall be divided equally among the disabled children.

(4) Before the payment of an allowance under this subsection, if all individuals who are eligible to receive a death benefit under this subsection elect to waive the payment of an allowance, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.

(d) A death benefit under this section may not be paid for the death of a member of the Employees’ Pension System or Teachers’ Pension System if a special death benefit under § 29–204.2 of this subtitle is payable or has been paid for that death.
Md. Code, Public Utilities § 29-104 — MD Code / Article gpu / Title 29 / Subtitle 1 / Section 29-104
§29–104.
Status: in_force

(a) On application of the Commission that is verified by oath of a member or employee of the Commission, the circuit court of a county, by injunction, may:

(1) require the compliance with or restrain the violation of any order, notice, or regulation of the Commission under this division;

(2) require compliance with or restrain the violation or attempted violation of a provision of this division; or

(3) require the entry of an employee or agent of the Commission within a designated area on the private premises and into any building in the sanitary district where the Commission shows a violation of this division.

(b) The court may not require the Commission to post a bond.

(c) If the respondent in a petition for injunction under this section is a nonresident of the State, service of process shall be made in accordance with the Maryland Rules.

(d) As to §§ 27–101(a) and (b), 27–102, and 27–103 of this article:

(1) Montgomery County may apply the provisions of this section if an application is verified by oath of an employee of Montgomery County; and

(2) the court may not require Montgomery County to post a bond.
Md. Code, State Personnel and Pensions § 29-116 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-116
§29–116.
Status: in_force

(a) This section does not apply to a disability retiree:

(1) (i) who is a retiree of:

1. the State Police Retirement System;

2. the Law Enforcement Officers’ Pension System;

3. the Local Fire and Police System; or

4. the Employees’ Retirement System or the Employees’ Pension System, if at the time of retirement the retiree was a law enforcement officer for a participating employer under § 26–201(a) of this article; and

(ii) who is reemployed by a participating employer in any position other than a probationary status law enforcement officer, a law enforcement officer, as defined in § 1–101 of the Public Safety Article, or chief; or

(2) (i) whose average final compensation was less than the minimum annual salary on the standard State pay scale as of January 1 of the preceding calendar year; and

(ii) who is reemployed by a participating employer.

(b) The Board of Trustees shall reduce the pension of a retiree on ordinary disability if:

(1) the retiree is under normal retirement age;

(2) the medical board certifies in a report to the Board of Trustees that the retiree is employed by a participating employer at an annual compensation that is greater than the difference between:

(i) the retiree’s retirement allowance at retirement; and

(ii) the sum of:

1. the retiree’s average final compensation; and

2. $5,000, which shall be adjusted annually by the percentage growth in the Consumer Price Index, as defined in § 29–401 of this title, in the calendar year preceding the fiscal year, and each subsequent adjustment shall be made on the amount calculated in the prior fiscal year;

(3) the Board of Trustees agrees with the medical board’s report; and

(4) the retiree’s allowance has not been temporarily suspended as provided in § 29–115 of this subtitle.

(c) The Board of Trustees shall reduce the pension of a retiree who has been receiving an ordinary disability retirement allowance for:

(1) less than 10 years, by $1 for every $2 that the retiree’s current compensation exceeds the limit under subsection (b) of this section; or

(2) at least 10 years, by $1 for every $5 that the retiree’s current compensation exceeds the limit under subsection (b) of this section.

(d) The pension to be reduced under this section is the pension at retirement without any cost–of–living adjustment.
Md. Code, Alcoholic Beverages and Cannabis § 29-804 — MD Code / Article gab / Title 29 / Subtitle 8 / Section 29-804
§29–804.
Status: in_force

(a) There is a Class C beer and wine license.

(b) The license authorizes the license holder to sell beer and wine to a member of a club and guests of members, at retail, at the place described in the license, for on–premises consumption.

(c) The annual license fee is $45.
Md. Code, State Personnel and Pensions § 29-405 — MD Code / Article gsp / Title 29 / Subtitle 4 / Section 29-405
§29–405.
Status: reserved

(a) This section applies only to an allowance received by a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree:

(1) of the Employees’ Retirement System or the Teachers’ Retirement System who elected Selection B (Limited cost–of–living adjustment); or

(2) who transferred to the Law Enforcement Officers’ Pension System from the Employees’ Retirement System and had elected Selection B (Limited cost–of–living adjustment).

(b) A cost–of–living adjustment payable under this section shall be a compound cost–of–living adjustment computed in accordance with § 29–402(d)(2) of this subtitle.

(c) A cost–of–living adjustment payable under this section shall be subject to a cost–of–living rate cap of 5%.
Md. Code, State Personnel and Pensions § 29-303.1 — MD Code / Article gsp / Title 29 / Subtitle 3 / Section 29-303.1
§29–303.
Status: in_force

§29–303.1.

(a) This section applies only to an individual who:

(1) is a former member of:

(i) the Employees’ Pension System; or

(ii) the Teachers’ Pension System;

(2) is eligible to receive a vested allowance under § 29-303 of this subtitle; and

(3) has not elected to receive a benefit under § 29-303 of this subtitle.

(b) Notwithstanding § 29-303 of this subtitle, an individual under subsection (a) of this section may elect a lump-sum payment equal to the present value of the vested allowance if:

(1) the vested allowance is less than $50 a month;

(2) (i) the individual is not a member of the Optional Retirement Program and has terminated any employment with a participating employer for the State; or

(ii) the individual is a member of the Optional Retirement Program and has terminated employment with an employing institution as defined in § 30-101(e) of this article; and

(3) the individual requests a lump-sum payment of the vested allowance on a form provided by the State Retirement Agency.
Md. Code, Alcoholic Beverages and Cannabis § 29-1501 — MD Code / Article gab / Title 29 / Subtitle 15 / Section 29-1501
§29–1501.
Status: in_force

(a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) §�4–205�(“Chain store, supermarket, or discount house”);

(2) §�4–206�(“Limitations on retail sales floor space”);

(3) §�4–207�(“Licenses issued to minors”);

(4) §�4–209�(“Hearing”);

(5) §�4–210�(“Approval or denial of license application”);

(6) §�4–211�(“License forms; effective date; expiration”);

(7) §�4–212�(“License not property”);

(8) §�4–213�(“Replacement licenses”); and

(9) §�4–214�(“Waiting periods after denial of license applications”).

(b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county:

(1) §�4–202�(“Authority of local licensing boards”), subject to § 29–1502 of this subtitle;

(2) §�4–203�(“Prohibition against issuing multiple licenses to individual or for use of entity”), subject to § 29–1503 of this subtitle and Subtitle 13, Part III of this title;

(3) §�4–204�(“Prohibition against issuing multiple licenses for same premises”), subject to § 29–1503 of this subtitle and Subtitle 13, Part III of this title; and

(4) §�4–208�(“Notice of license application required”), subject to § 29–1504 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 29-102 — MD Code / Article gab / Title 29 / Subtitle 1 / Section 29-102
§29–102.
Status: in_force

This title applies only in Somerset County.
Md. Code, Alcoholic Beverages and Cannabis § 29-2801 — MD Code / Article gab / Title 29 / Subtitle 28 / Section 29-2801
§29–2801.
Status: in_force

Section 6–402 (“General penalty”) of Division I of this article applies in the county.
Md. Code, State Personnel and Pensions § 29-204 — MD Code / Article gsp / Title 29 / Subtitle 2 / Section 29-204
§29–204.
Status: in_force

(a) (1) This subsection applies only to an individual who dies while employed as a member of the State Police Retirement System:

(i) without willful negligence by the member; and

(ii) with more than 2 years of eligibility service.

(2) When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in paragraph (1) of this subsection, the Board of Trustees shall pay:

(i) if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:

1. the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and

2. an allowance of 50% of the member’s average final compensation:

A. to the surviving spouse;

B. if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or

C. if there is no surviving spouse, no children younger than 26 years of age, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or

(ii) if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29–202 of this subtitle.

(b) (1) This subsection applies only to an individual who dies while employed as a member of the State Police Retirement System:

(i) without willful negligence by the member; and

(ii) with death arising out of or in the course of the actual performance of duty.

(2) When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in paragraph (1) of this subsection, the Board of Trustees shall pay:

(i) if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:

1. the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and

2. an allowance of two–thirds of the member’s average final compensation:

A. to the surviving spouse;

B. if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or

C. if there is no surviving spouse, no children younger than 26 years of age, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or

(ii) if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29–202 of this subtitle.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the Board of Trustees pays an allowance under this section to more than one child, the Board of Trustees shall divide the allowance among the children in a manner that provides for payments to continue until:

(i) each child has died; or

(ii) each child becomes 26 years old.

(2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child who is disabled shall continue to receive an allowance under paragraph (1) of this subsection past the age of 26 years, if the child continues to be disabled.

(3) (i) If a surviving child receiving an allowance under paragraph (1) of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the Board of Trustees shall pay to the disabled surviving child an allowance equal to the total of the allowances paid under paragraph (1) of this subsection after:

1. all other nondisabled surviving children have died; or

2. the youngest nondisabled surviving child becomes 26 years old.

(ii) If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the allowance payable under subparagraph (i) of this paragraph shall be divided equally among the disabled children.

(d) Before the payment of any special death benefit is made under this section, if all individuals eligible for a special death benefit under this section elect to waive the payment of the special death benefit, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.
Md. Code, State Personnel and Pensions § 29-403 — MD Code / Article gsp / Title 29 / Subtitle 4 / Section 29-403
§29–403.
Status: reserved

(a) This section applies only to:

(1) an allowance of a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree:

(i) of the Employees’ Retirement System or the Teachers’ Retirement System who elected Selection A (Additional member contributions);

(ii) who transferred to the Local Fire and Police System from the Employees’ Retirement System; or

(iii) who transferred to the Law Enforcement Officers’ Pension System from the Employees’ Retirement System and had elected Selection A (Additional member contributions);

(2) an allowance based on creditable service earned before July 1, 2011, for a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree of:

(i) the Correctional Officers’ Retirement System; or

(ii) the State Police Retirement System; and

(3) an additional annual allowance adjustment payable to a retiree or the beneficiary of a retiree of the State Police Retirement System under § 24–401(e) of this article.

(b) A cost–of–living adjustment payable under this section shall be a compound cost–of–living adjustment computed in accordance with § 29–402(d)(2) of this subtitle.

(c) A cost–of–living adjustment payable under this section is not subject to any cost–of–living rate cap.

(d) A cost–of–living adjustment payable under this section may not reduce an allowance to an amount that is less than the initial allowance.
Md. Code, State Personnel and Pensions § 29-103 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-103
§29–103.
Status: reserved

(a) Subject to § 29–104 of this subtitle, an application for disability retirement may be submitted:

(1) by a member;

(2) by a former member;

(3) by a surviving beneficiary of a deceased member; or

(4) for a member, as provided in subsections (b) through (d) of this section.

(b) (1) This subsection does not apply to members of:

(i) the State Police Retirement System;

(ii) the Teachers’ Pension System; or

(iii) the Teachers’ Retirement System.

(2) If a member is unable to apply, the member’s department head may complete and submit an application to the Board of Trustees for the member.

(c) (1) This subsection applies to a member of the State Police Retirement System.

(2) The Secretary of State Police may complete an application and submit it to the Board of Trustees for a member if:

(i) the member is unable or refuses to submit an application for disability retirement;

(ii) the Secretary believes the member to be permanently physically or mentally incapable of performing assigned duties;

(iii) there is sufficient medical evidence in the form of a professional opinion of an independent medical practitioner who has recognized expertise in the diagnosis and treatment of the specified illness of the officer to support the Secretary’s determination of permanent disability;

(iv) the onset of the disability occurred at least 1 year earlier; and

(v) any administrative leave granted under § 2-410 of the Public Safety Article has expired.

(3) This subsection does not prevent an officer from exercising rights granted under § 21-111(b) of this article.

(d) (1) This subsection applies to members of:

(i) the Teachers’ Pension System; and

(ii) the Teachers’ Retirement System.

(2) If a member is unable to apply, the member’s State or county superintendent may complete and submit an application to the Board of Trustees for the member.
Md. Code, Alcoholic Beverages and Cannabis § 29-2607 — MD Code / Article gab / Title 29 / Subtitle 26 / Section 29-2607
§29–2607.
Status: in_force

An applicant for a warrant under this subtitle or an agent of the applicant may:

(1) accompany the officer who serves the warrant;

(2) point out and enter the place or thing to be searched; and

(3) assist the officer in searching the place or thing.
Md. Code, State Personnel and Pensions § 29-108 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-108
§29–108.
Status: reserved

(a) This section applies only to members of:

(1) the Employees’ Pension System;

(2) the Local Fire and Police System;

(3) the Law Enforcement Officers’ Pension System; and

(4) the Teachers’ Pension System.

(b) Except as provided in subsections (c), (d), and (e) of this section, an ordinary disability retirement allowance equals:

(1) if the member is at least normal retirement age, a normal service retirement allowance; or

(2) if the member is under normal retirement age, a normal service retirement allowance that is computed by using:

(i) the number of years of creditable service the member would have received if the member continued employment until normal retirement age; and

(ii) an average final compensation the member would have received if the member continued employment without a change in earnable compensation.

(c) A member of the Employees’ Pension System or the Teachers’ Pension System who has transferred from the Employees’ Retirement System or the Teachers’ Retirement System shall receive the benefits provided under the State system from which the member transferred, offset by any refunded contributions including any interest received in connection with the transfer, if:

(1) the member applies for the retirement allowance within 2 years after the transfer; and

(2) the Board of Trustees grants a disability retirement allowance to the member.

(d) (1) This subsection applies only to:

(i) a member of the Local Fire and Police Pension System who has transferred from the Employees’ Retirement System; or

(ii) a member of the Law Enforcement Officers’ Pension System who has transferred from the Employees’ Retirement System after electing to receive benefits in accordance with Selection A (Additional member contributions) as defined in § 22-101(b) of this article or Selection B (Limited cost-of-living adjustment) as defined in § 22-101(c) of this article.

(2) An ordinary disability retirement allowance equals the greater of:

(i) a normal service retirement allowance; or

(ii) 25% of the member’s average final compensation.

(e) (1) This subsection applies only to a member of the Employees’ Pension System who:

(i) is promoted within the Department of Corrections to a position that no longer is eligible for membership in the Correctional Officers’ Retirement System as provided in § 25-201 of this article;

(ii) elects not to transfer the years of creditable service the individual accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System; and

(iii) is eligible to receive a vested allowance from the Correctional Officers’ Retirement System.

(2) An ordinary disability retirement allowance equals:

(i) a normal service retirement allowance in the Correctional Officers’ Retirement System based on the member’s total years of creditable service accrued in the Correctional Officers’ Retirement System; plus

(ii) an ordinary disability retirement allowance based on the member’s total years of creditable service accrued in the Employees’ Pension System.
Md. Code, Local Government § 29-109 — MD Code / Article glg / Title 29 / Subtitle 1 / Section 29-109
§29–109.
Status: in_force

(a) Subject to subsection (b) of this section, the Commission shall file with the County Commissioners of St. Mary’s County a comprehensive report of its activities at least once every 12 months.

(b) The Commission may not reveal any confidential information in the report to the county commissioners.
Md. Code, State Personnel and Pensions § 29-409 — MD Code / Article gsp / Title 29 / Subtitle 4 / Section 29-409
§29–409.
Status: in_force

(a) This section applies only to a retiree of the Employees’ Retirement System or Employees’ Pension System who:

(1) retired from the Employees’ Retirement System or Employees’ Pension System on or before June 30, 2009;

(2) before retirement was an employee of the Maryland School for the Deaf; and

(3) before retirement, as an employee of the Maryland School for the Deaf, was a 10–month employee incorrectly classified as a 12–month employee.

(b) (1) If a retiree is receiving a benefit that differs from the benefit the retiree is entitled to receive, the Board of Trustees shall, beginning July 1, 2010, and each subsequent July 1, suspend any annual cost–of–living adjustment the retiree may otherwise be entitled to receive under this subtitle.

(2) Beginning July 1, 2010, and each subsequent July 1, any adjustment to the retiree’s annual retirement allowance described under paragraph (1) of this subsection shall be calculated using the current retirement allowance the retiree is entitled to receive and not the current retirement allowance the retiree is receiving.

(3) The Board of Trustees shall suspend any annual cost–of–living adjustment otherwise payable under this subsection until the total amount of retirement allowance the retiree is entitled to receive, including any suspended annual cost–of–living adjustment, equals or exceeds the total amount of retirement allowance the retiree is receiving on July 1, 2010.

(4) When the total amount of retirement allowance the retiree is entitled to receive, including any suspended annual cost–of–living adjustments, equals or exceeds the total amount of retirement allowance the retiree is receiving on July 1, 2010, the Board of Trustees shall resume adjusting the retiree’s annual allowance on July 1 of each year in accordance with this subtitle, so that the amount of the allowance, including any cost–of–living adjustments, equals the total allowance the retiree is entitled to receive.

(c) If a retiree dies before the total amount of retirement allowance the retiree was entitled to receive, including any suspended annual cost–of–living adjustments, equals the total amount of retirement allowance the retiree was receiving on July 1, 2010, and the retiree has selected an optional form of allowance under Title 21, Subtitle 4 of this article, the deceased retiree’s beneficiary shall receive a benefit calculated on the retirement allowance the deceased retiree was entitled to receive at the time of the retiree’s death and not what the retiree was receiving at the time of the retiree’s death.
Md. Code, Alcoholic Beverages and Cannabis § 29-2005 — MD Code / Article gab / Title 29 / Subtitle 20 / Section 29-2005
§29–2005.
Status: in_force

The Board shall determine the hour when a license holder shall stop selling alcoholic beverages on December 31 and January 1, regardless of the day of the week on which these dates fall.
Md. Code, Alcoholic Beverages and Cannabis § 29-2201 — MD Code / Article gab / Title 29 / Subtitle 22 / Section 29-2201
§29–2201.
Status: in_force

Title 4, Subtitle 7 (“Expiration of Local Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Alcoholic Beverages and Cannabis § 29-1304 — MD Code / Article gab / Title 29 / Subtitle 13 / Section 29-1304
§29–1304.
Status: in_force

(a) There is a Somerset County Maryland Wine Festival (SCMWF) license.

(b) The Board may issue the license to a holder of a temporary alcoholic beverages license, Class 3 winery license, or Class 4 limited winery license.

(c) The license authorizes the holder to display and sell wine that is produced and processed in the State.

(d) A license holder shall display and sell wine:

(1) at retail for on– and off–premises consumption; and

(2) during the hours and days designated for the Somerset County Maryland Wine Festival.

(e) The Board:

(1) each year may choose 1 weekend during the months of May or June for the Somerset County Maryland Wine Festival; and

(2) shall choose a location for the festival.

(f) The license holder may hold another license of a different class or nature.

(g) The license fee is $19.

(h) The Board shall adopt regulations to carry out this section.
Md. Code, Alcoholic Beverages and Cannabis § 29-2004 — MD Code / Article gab / Title 29 / Subtitle 20 / Section 29-2004
§29–2004.
Status: in_force

(a) A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor:

(1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) on Sunday, from 8 a.m. to 2 a.m. the following day.

(b) (1) Except as provided in paragraph (2) of this subsection, a holder of a Class B beer, wine, and liquor (on–sale) license may sell beer, wine, and liquor:

(i) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(ii) on Sunday, from 12:30 p.m. to midnight if food is available for purchase on the premises.

(2) The license holder may not sell beer, wine, or liquor at a bar or counter on Sunday.

(c) (1) Except as provided in paragraph (2) of this subsection, a holder of a Class C beer, wine, and liquor (on–sale) license may sell beer, wine, and liquor:

(i) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(ii) on Sunday, from 12:30 p.m. to midnight if food is available for purchase on the premises.

(2) The license holder may not sell beer, wine, or liquor at a bar or counter on Sunday.

(d) A holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor:

(1) on Monday, from 8 a.m. to 2 a.m. the following day; and

(2) on Tuesday through Saturday, from 6 a.m. to 2 a.m. the following day.
Md. Code, State Personnel and Pensions § 29-201 — MD Code / Article gsp / Title 29 / Subtitle 2 / Section 29-201
§29–201.
Status: in_force

Except as provided in § 29–204.3 of this subtitle, this subtitle does not apply to the Judges’ Retirement System.
Md. Code, Alcoholic Beverages and Cannabis § 29-2402 — MD Code / Article gab / Title 29 / Subtitle 24 / Section 29-2402
§29–2402.
Status: in_force

In addition to the requirements of § 4–903 of this article with respect to the payment of all costs incident to a hearing before the Board, a person that petitions for judicial review of a decision of the Board to the circuit court shall pay to the Board a fee of $100.
Md. Code, Alcoholic Beverages and Cannabis § 29-1003 — MD Code / Article gab / Title 29 / Subtitle 10 / Section 29-1003
§29–1003.
Status: in_force

(a) There is a Class C (yacht or country and golf club) beer, wine, and liquor license.

(b) The Board may issue the license for use by a club that:

(1) has at least 30 members paying dues of at least $20 per year per adult member; and

(2) owns and operates a clubhouse on premises that are principally used for its members.

(c) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for on–premises consumption.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 29–2004 of this title.

(e) The annual license fee is $316.
Md. Code, Alcoholic Beverages and Cannabis § 29-1404 — MD Code / Article gab / Title 29 / Subtitle 14 / Section 29-1404
§29–1404.
Status: in_force

The Board shall charge a fee to cover the cost of obtaining the applicant’s fingerprints and the results of the State and national criminal history records check.
Md. Code, Alcoholic Beverages and Cannabis § 29-1101 — MD Code / Article gab / Title 29 / Subtitle 11 / Section 29-1101
§29–1101.
Status: in_force

(a) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the county without exception or variation:

(1) § 4–1102 (“Corkage — Consuming wine not purchased from license holder on licensed premises”); and

(2) § 4–1103 (“Removal of partially consumed bottle of wine from licensed premises”).

(b) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article do not apply in the county:

(1) § 4–1104 (“Refillable container permit — Draft beer”); and

(2) § 4–1105 (“Refillable container permit — Wine”).
Md. Code, Alcoholic Beverages and Cannabis § 29-1901 — MD Code / Article gab / Title 29 / Subtitle 19 / Section 29-1901
§29–1901.
Status: in_force

Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article applies in the county without exception or variation.
Md. Code, Alcoholic Beverages and Cannabis § 29-2608 — MD Code / Article gab / Title 29 / Subtitle 26 / Section 29-2608
§29–2608.
Status: in_force

(a) Except as provided in subsection (b) of this section, a warrant may not be issued to search a residence unless:

(1) the residence or part of the residence is used as a store, hotel, restaurant, or boarding house;

(2) the residence is used as a public resort; or

(3) the residence is used to keep, hide, or provide alcoholic beverages to sell or for another use that violates the law.

(b) A judge of the District Court may issue a warrant after determining that the issuance would be proper, based on an examination of:

(1) the applicant for the warrant; or

(2) other evidence.
Md. Code, Alcoholic Beverages and Cannabis § 29-602 — MD Code / Article gab / Title 29 / Subtitle 6 / Section 29-602
§29–602.
Status: in_force

(a) There is a Class B beer license.

(b) The license authorizes the license holder to sell beer at retail at a hotel or restaurant at the place described in the license for on– and off–premises consumption.

(c) The annual license fee is $253.
Md. Code, Alcoholic Beverages and Cannabis § 29-2001 — MD Code / Article gab / Title 29 / Subtitle 20 / Section 29-2001
§29–2001.
Status: in_force

(a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title.

(2) An owner, an operator, or a manager of a premises licensed under this title may not knowingly allow consumption prohibited under paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, State Personnel and Pensions § 29-106 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-106
§29–106.
Status: in_force

(a) This section applies only to members of:

(1) the Correctional Officers’ Retirement System;

(2) the Employees’ Retirement System; and

(3) the Teachers’ Retirement System.

(b) An ordinary disability retirement allowance equals the greater of:

(1) a normal service retirement allowance; or

(2) the amount computed under subsection (c) or (d) of this section.

(c) If a member is at least normal retirement age, the amount to be used under subsection (b)(2) of this section is 25% of the member’s average final compensation.

(d) If a member is under normal retirement age, the amount to be used under subsection (b)(2) of this section is the lesser of:

(1) 25% of the member’s average final compensation; or

(2) the normal service retirement allowance that is computed by using:

(i) the number of years of creditable service that the member would have received if the member continued employment until normal retirement age; and

(ii) an average final compensation that the member would have received if the member continued employment without a change in earnable compensation.
Md. Code, State Personnel and Pensions § 29-110 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-110
§29–110.
Status: in_force

(a) This section does not apply to the State Police Retirement System.

(b) Except as provided in subsection (c) of this section, an accidental disability retirement allowance equals the lesser of:

(1) the member’s average final compensation; or

(2) the sum of:

(i) an annuity that is the actuarial equivalent of the member’s accumulated contributions at retirement; and

(ii) a pension equal to two-thirds of the member’s average final compensation.

(c) (1) This subsection applies to a member of a State system other than the Law Enforcement Officers’ Pension System who is at least normal retirement age.

(2) An accidental disability retirement allowance equals the greater of:

(i) a normal service retirement allowance; or

(ii) an accidental disability retirement allowance computed in accordance with subsection (b) of this section.

(d) (1) This subsection applies only to a member of the Employees’ Pension System who:

(i) is promoted within the Department of Corrections to a position that no longer is eligible for membership in the Correctional Officers’ Retirement System as provided in § 25-201 of this article;

(ii) elects not to transfer the years of creditable service the individual accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System; and

(iii) is eligible to receive a vested allowance from the Correctional Officers’ Retirement System.

(2) A member may receive an accidental disability retirement allowance under this section if the member:

(i) does not elect to receive a vested allowance from the Correctional Officers’ Retirement System; and

(ii) transfers the member’s accumulated contributions in the Correctional Officers’ Retirement System to the Employees’ Pension System.
Md. Code, Local Government § 29-108 — MD Code / Article glg / Title 29 / Subtitle 1 / Section 29-108
§29–108.
Status: in_force

(a) This section supersedes any contrary provision of the Public Information Act and the St. Mary’s County Open Meetings Act.

(b) (1) Subject to paragraph (2) of this subsection:

(i) all activities of the Commission that relate to an alternative dispute resolution, a grievance, or a complaint of discrimination shall be conducted in confidence and without publicity; and

(ii) the Commission may meet in closed session when dealing with an alternative dispute resolution, a grievance, or a complaint of discrimination.

(2) If all parties involved in an alternative dispute resolution, a grievance, or a complaint of discrimination consent in writing, the activities of the Commission related to the alternative dispute resolution, grievance, or complaint of discrimination may be conducted publicly.

(3) Except as provided under § 29–107 of this title, the Commission shall hold confidential all information concerning an alternative dispute resolution, a grievance, or a complaint of discrimination, including the identities of the parties involved.

(4) The Commission shall hold confidential any information and records obtained by a predecessor county body that was authorized to perform a function similar to that of the Commission before July 1, 1997.

(c) (1) Information related to the activities or involvement of the Commission in an alternative dispute resolution, a grievance, or a complaint of discrimination may not be admitted as evidence in any administrative proceeding or litigation.

(2) The records of the Commission may not be discovered in any administrative proceeding or litigation.

(d) (1) Except as provided under § 29–107 of this title and paragraph (2) of this subsection, information or records related to the activities or involvement of the Commission in an alternative dispute resolution, a grievance, or a complaint of discrimination are not subject to public inspection under the Maryland Public Information Act.

(2) Statistical information may be made available for public inspection under § 4–501(e) of the General Provisions Article.
Md. Code, Alcoholic Beverages and Cannabis § 29-2301 — MD Code / Article gab / Title 29 / Subtitle 23 / Section 29-2301
§29–2301.
Status: in_force

(a) The following sections of Title 4, Subtitle 8 (“Death of License Holder”) of Division I of this article apply in the county without exception or variation:

(1) § 4–802 (“Expiration of license on death of license holder”);

(2) § 4–804 (“Transfer or reinstatement of license”);

(3) § 4–805 (“Rights of protest, revocation, suspension, and restriction”); and

(4) § 4–806 (“Refund”).

(b) Section 4–803 (“Certificate of permission or renewal license for continuation of business”) of Division I of this article applies in the county, subject to § 29–2302 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 29-604 — MD Code / Article gab / Title 29 / Subtitle 6 / Section 29-604
§29–604.
Status: in_force

(a) There is a Class D beer license.

(b) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer at retail at the place described in the license for on– and off–premises consumption.

(2) A license may not be issued for a drugstore.

(c) The annual license fee is $253.
Md. Code, Alcoholic Beverages and Cannabis § 29-2606 — MD Code / Article gab / Title 29 / Subtitle 26 / Section 29-2606
§29–2606.
Status: in_force

(a) A judge in the District Court may issue a search warrant if a police officer or any other applicant files a complaint or an affidavit that:

(1) is sworn to by the applicant;

(2) describes with particularity the place or thing to be searched;

(3) describes with particularity the things to be searched for; and

(4) states that the applicant has reason to believe that alcoholic beverages are sold or kept to be sold or otherwise disposed of in violation of law.

(b) A warrant issued under this section shall:

(1) be directed to the sheriff, deputy sheriff, or proper police officer;

(2) include a copy of the affidavit;

(3) require the officer to whom the warrant is directed to search the place or thing described in the warrant and seize any:

(i) alcoholic beverages and their vessels found in quantities that suggest that they are being kept for sale;

(ii) means to sell alcoholic beverages, including furniture, implements, and equipment;

(iii) paraphernalia of a barroom or saloon that sells alcoholic beverages; and

(iv) United States Internal Revenue tax receipts for the sale of alcoholic beverages dated during the time of the alleged offense; and

(4) require the officer to report in writing on the search and make an immediate return on the warrant.

(c) An affidavit, a warrant for search, and a report and return shall be substantially in the following form:

State of Maryland, Somerset County, to wit:

To: ..............................., of Somerset County:

Greetings: Whereas, there has been filed with the undersigned an affidavit, of which the following is a copy, to wit: Whereas on this .... day of ...., 20.., before the Subscriber, .... in and for said County, personally appeared ...., and made complaint and oath that the applicant has just and reasonable cause to suspect and believe and does suspect and believe that intoxicating liquor is sold, or except for the purpose of being sold or otherwise disposed of in violation of the law in the .... of .... at, in .... of said County, and that in and upon said premises and at said place and house will be found upon search thereof, the following:

Intoxicating liquors, and the vessels and bottles in which the same are contained, and barroom, and drinking saloon paraphernalia, and the United States Internal Revenue tax receipt for sale of intoxicating liquor at this time effective (and any other facts material):

These Are Therefore, in the name of the State of Maryland, to command you, together with the necessary and proper assistance, to enter into the said .... of the said .... at, in .... in the County aforesaid, and there diligently search for the said intoxicating liquor and means used for the sale of same, or any part thereof as described in the aforegoing affidavit of complaint, and that you bring the same, or any part thereof, found in such search, and the person or persons in whose custody they are found forthwith before me to be disposed of and dealt with according to law; and have you there this warrant.

Given under my hand this .... day of ...., 20...

.....................................................

Judge of the District Court

REPORT AND RETURN

To Hon. ...., Judge of the District Court in Somerset County

This Return and Report, made this .... day of ...., 20.., is to certify, That pursuant and in obedience to the commands of the annexed warrant to me directed, I did on the .... day of ...., 20.., enter and search the place, house and premises described in said warrant and found and seized the following, to wit: (here set forth what was found and seized), and do forthwith bring the same, and one .... the person in whose custody the same were found before you.

...................................................

(Person serving warrant)
Md. Code, State Personnel and Pensions § 29-105 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-105
§29–105.
Status: in_force

(a) The Board of Trustees shall grant an ordinary disability retirement allowance to a member if:

(1) the member has at least 5 years of eligibility service; and

(2) the medical board certifies that:

(i) the member is mentally or physically incapacitated for the further performance of the normal duties of the member’s position;

(ii) the incapacity is likely to be permanent; and

(iii) the member should be retired.

(b) (1) This subsection applies only to a member of the Employees’ Pension System who:

(i) is promoted within the Department of Corrections to a position that no longer is eligible for membership in the Correctional Officers’ Pension System as provided in § 25-201 of this article;

(ii) elects not to transfer the years of creditable service the individual accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System; and

(iii) is eligible to receive a vested allowance from the Correctional Officers’ Retirement System.

(2) A member may combine the eligibility service accrued in the Correctional Officers’ Retirement System and the Employees’ Pension System to determine if the member is eligible for an ordinary disability retirement allowance under subsection (a) of this section from the Employees’ Pension System.
Md. Code, Local Government § 29-104 — MD Code / Article glg / Title 29 / Subtitle 1 / Section 29-104
§29–104.
Status: in_force

(a) From among its members, the Commission shall select a chair and a vice chair of the Commission.

(b) (1) The terms of the chair and vice chair are 1 year.

(2) A member may not serve as the chair or vice chair for more than two consecutive terms.
Md. Code, State Personnel and Pensions § 29-205 — MD Code / Article gsp / Title 29 / Subtitle 2 / Section 29-205
§29–205.
Status: reserved

(a) This section applies to an individual who died while employed as a member:

(1) (i) of the Correctional Officers’ Retirement System;

(ii) of the Employees’ Retirement System;

(iii) of the Local Fire and Police System, if the member had transferred from the Employees’ Retirement System; or

(iv) of the Teachers’ Retirement System; and

(2) (i) who was eligible to retire; or

(ii) who was at least 55 years old with at least 15 years of eligibility service.

(b) Except as provided in subsections (d) and (e) of this section, a member’s surviving spouse may elect to receive one of the following:

(1) the death benefit, under § 29–202 of this subtitle; or

(2) an allowance equal to the amount payable under Option 2 as described in § 21–403 of this article.

(c) (1) Except as provided in subsections (d) and (e) of this section, when the Board of Trustees receives proof of a death of a member described under subsection (a) of this section and there is no surviving spouse, a child under the age of 26 years or a disabled child of the member may elect to receive an allowance in accordance with this subsection.

(2) If an election is made under paragraph (1) of this subsection, the Board of Trustees shall pay, in accordance with paragraph (3) of this subsection, an allowance equal to 50% of the basic allowance the member was eligible to receive under Division II of this article to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code.

(3) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, if the Board of Trustees pays an allowance under this subsection to more than one child, the Board of Trustees shall divide the allowance among the children in a manner that provides for payments to continue until:

1. each child has died; or

2. each child becomes 26 years old.

(ii) Notwithstanding subparagraph (i)2 of this paragraph, a surviving child who is disabled shall continue to receive an allowance under subparagraph (i) of this paragraph past the age of 26 years, if the child continues to be disabled.

(iii) 1. If a surviving child receiving an allowance under subparagraph (i) of this paragraph is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the Board of Trustees shall pay to the disabled surviving child an allowance equal to the total of the allowances paid under subparagraph (i) of this paragraph after:

A. all other nondisabled surviving children have died; or

B. the youngest nondisabled surviving child becomes 26 years old.

2. If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the retirement allowance payable under subsubparagraph 1 of this subparagraph shall be divided equally among the disabled children.

(4) Before the payment of an allowance under this subsection, if all individuals who are eligible to receive a death benefit under this subsection elect to waive the payment of an allowance, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.

(d) A death benefit under this section may not be paid for the death of a member of the Correctional Officers’ Retirement System if a special death benefit under § 29–204.1 of this subtitle is payable or has been paid for that death.

(e) A death benefit under this section may not be paid for the death of a member of the Employees’ Retirement System or Teachers’ Retirement System if a special death benefit under § 29–204.2 of this subtitle is payable or has been paid for that death.
Md. Code, Alcoholic Beverages and Cannabis § 29-701 — MD Code / Article gab / Title 29 / Subtitle 7 / Section 29-701
§29–701.
Status: in_force

(a) There is a Class A wine license in the county.

(b) The license may be issued to a holder of a Class 3 winery license or a Class 4 limited winery license.

(c) (1) The license authorizes the license holder to sell at retail at the place described in the license wine produced at the winery.

(2) Wine shall be sold in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(d) The annual license fee is $63.
Md. Code, Alcoholic Beverages and Cannabis § 29-1308 — MD Code / Article gab / Title 29 / Subtitle 13 / Section 29-1308
§29–1308.
Status: in_force

(a) The Board may issue a per diem license of any class.

(b) A license holder may exercise the privileges of the license at any entertainment event held by a club.

(c) The Board may not require that an application for a per diem license be published before issuing the license.

(d) The period for which a license may be issued is:

(1) for a per diem beer license or a per diem beer and wine license, not longer than 7 consecutive days; and

(2) for a per diem beer, wine, and liquor license, not longer than 14 consecutive days.
Md. Code, Alcoholic Beverages and Cannabis § 29-2802 — MD Code / Article gab / Title 29 / Subtitle 28 / Section 29-2802
§29–2802.
Status: in_force

The Board may impose a fine not exceeding $4,000 or suspend a license or both for a violation that is cause for license suspension under the alcoholic beverage laws affecting the county.
Md. Code, Alcoholic Beverages and Cannabis § 29-2401 — MD Code / Article gab / Title 29 / Subtitle 24 / Section 29-2401
§29–2401.
Status: in_force

(a) The following sections of Title 4, Subtitle 9 (“Judicial Review”) of Division I of this article apply in the county without exception or variation:

(1) § 4–902 (“Judicial review of decision of local licensing board”);

(2) § 4–904 (“Stay of local board’s petition”);

(3) § 4–905 (“Scope of judicial review”);

(4) § 4–906 (“Representation of local licensing board”);

(5) § 4–907 (“Affirmations, modifications, and reversals”); and

(6) § 4–908 (“Appeals to Appellate Court of Maryland and Supreme Court of Maryland”).

(b) Section 4–903 (“Petitioners”) of Division I of this article applies in the county, subject to § 29–2402 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 29-2602 — MD Code / Article gab / Title 29 / Subtitle 26 / Section 29-2602
§29–2602.
Status: in_force

One–half of each fine imposed in the county shall be disposed of as provided under § 7–507 of the Courts Article.
Md. Code, State Personnel and Pensions § 29-104 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-104
§29–104.
Status: in_force

(a) Except as provided in subsections (c) and (d) of this section and subject to subsection (e) of this section, an application for disability retirement must be submitted before the date membership ends.

(b) (1) This subsection applies only to an application for an ordinary or accidental disability retirement allowance filed by a member of the Employees’ Pension System or the Teachers’ Pension System who is not subject to the contributory pension benefit or the Alternate Contributory Pension Selection and who separated from employment on or before June 30, 2005.

(2) For the purpose of submitting an application for disability, membership continues for 4 years after paid employment ends.

(c) (1) Except as provided in paragraph (2) of this subsection, the Board of Trustees may accept an application for ordinary, accidental, or special disability retirement from a former member within 24 months after the month membership ended if the former member proves to the satisfaction of the medical board that failure to submit an application while a member was attributable solely to physical or mental incapacity during the filing period.

(2) The Board of Trustees may accept an application for ordinary or accidental disability retirement from a former member of the Teachers’ Retirement System within 12 months after the month membership ended if the former member of the Teachers’ Retirement System proves to the satisfaction of the medical board that failure to submit an application while a member of the Teachers’ Retirement System was attributable solely to physical or mental incapacity during the filing period.

(3) If the Board of Trustees accepts a disability retirement application under this subsection and grants a disability retirement allowance, the retirement allowance begins as of the first day of the month after the Board of Trustees receives the application.

(d) (1) The Board of Trustees shall accept an application for ordinary, accidental, or special disability retirement from a surviving beneficiary of a deceased member, if a preliminary application for disability retirement or an application for disability retirement:

(i) is signed and dated by the deceased member within 7 days before the death of the member; and

(ii) is received by the Board of Trustees on or before 30 days after the date of the death of the member.

(2) If the Board of Trustees receives an application under paragraph (1) of this subsection:

(i) the medical board shall review the application to determine if the deceased member was mentally or physically incapacitated for the further performance of the normal duties of the individual’s position; and

(ii) the Board of Trustees shall review the application to determine if the preliminary application for disability retirement or the application for disability retirement was signed by the deceased member before the death of the member.

(3) The Board of Trustees shall grant a disability retirement allowance, if:

(i) the medical board determines that the deceased member would have been eligible for disability retirement at the time the deceased member signed the disability application; and

(ii) the Board of Trustees determines that the signature is valid.

(4) In order for the signature to be valid, a surviving beneficiary shall submit to the Board of Trustees an affidavit signed by an individual who witnessed the deceased member signing the preliminary application for disability retirement or the application for disability retirement before the death of the member.

(5) If the Board of Trustees accepts a disability retirement application under this subsection and grants a disability retirement allowance, the retirement allowance begins as of the first day of the month after the Board of Trustees receives the application.

(e) (1) This subsection does not apply to an application for special disability under the State Police Retirement System or an application for accidental disability under the Law Enforcement Officers’ Pension System or to an application for accidental disability under the Correctional Officers’ Retirement System.

(2) The Board of Trustees may not accept an application for accidental disability filed by a member or former member more than 5 years after the date of the claimed accident.
Md. Code, Alcoholic Beverages and Cannabis § 29-1402 — MD Code / Article gab / Title 29 / Subtitle 14 / Section 29-1402
§29–1402.
Status: in_force

The Board shall obtain criminal history record information of each applicant for a license from the Central Repository.
Md. Code, Alcoholic Beverages and Cannabis § 29-2002 — MD Code / Article gab / Title 29 / Subtitle 20 / Section 29-2002
§29–2002.
Status: in_force

(a) (1) A holder of a 6–day Class A beer license may sell beer on Monday through Saturday, from 6 a.m. to 2 a.m. the following day.

(2) A holder of a 7–day Class A beer license may sell beer:

(i) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(ii) on Sunday, from 8 a.m. to 2 a.m. the following day.

(b) A holder of a Class B beer license may sell beer:

(1) on Monday, from 8 a.m. to 2 a.m. the following day; and

(2) on Tuesday through Saturday, from 6 a.m. to 2 a.m. the following day.

(c) A holder of a Class C beer license may sell beer:

(1) on Monday, from 8 a.m. to 2 a.m. the following day; and

(2) on Tuesday through Saturday, from 6 a.m. to 2 a.m. the following day.

(d) A holder of a Class D beer license may sell beer:

(1) on Monday, from 8 a.m. to 2 a.m. the following day; and

(2) on Tuesday through Saturday, from 6 a.m. to 2 a.m. the following day.
Md. Code, Alcoholic Beverages and Cannabis § 29-2611 — MD Code / Article gab / Title 29 / Subtitle 26 / Section 29-2611
§29–2611.
Status: in_force

(a) If a prosecution under this article results in a conviction and an appeal is not taken:

(1) alcoholic beverages seized in connection with the prosecution shall be ordered to be destroyed; and

(2) other property seized in connection with the prosecution shall continue to be held as the property of the defendant or the owner.

(b) If a prosecution under this article does not result in a conviction, property seized in connection with the prosecution shall be returned to the person from whom it was taken.

(c) (1) Subject to paragraph (2) of this subsection, a person’s claim of insufficiency of the description of the alcoholic beverages seized under this subtitle or the place or thing searched provided in the complaint or warrant does not result in the immediate return of the alcoholic beverages to the person.

(2) The person with a claim of insufficiency under paragraph (1) of this subsection is entitled to a hearing on the claim when the case is tried.

(3) A conviction under this subtitle bars an action for:

(i) the recovery of alcoholic beverages or the value of alcoholic beverages; or

(ii) damages alleged to have arisen from seizing alcoholic beverages.

(4) Alcoholic beverages or other items seized under this subtitle may not be taken from the custody of the officer by a writ of replevin or other process while a prosecution under this subtitle is pending.
Md. Code, State Personnel and Pensions § 29-102 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-102
§29–102.
Status: in_force

Before the Board of Trustees grants a retirement allowance for a disability, an application must be completed and submitted to the Board of Trustees in accordance with §§ 29-103 and 29-104 of this subtitle.
Md. Code, State Personnel and Pensions § 29-304 — MD Code / Article gsp / Title 29 / Subtitle 3 / Section 29-304
§29–304.
Status: in_force

An individual shall have immediate vesting rights on taking office in the State system in which the individual is a member if the individual is the:

(1) secretary of a principal department of the Executive Branch of State government as provided under § 8–201 of the State Government Article;

(2) Executive Director of the Alcohol, Tobacco, and Cannabis Commission;

(3) Adjutant General of the Military Department;

(4) Chair of the State Board of Contract Appeals;

(5) Chair of the Public Service Commission;

(6) Chair of the Workers’ Compensation Commission;

(7) Chief Administrative Law Judge of the Office of Administrative Hearings;

(8) Director of the Health Care Alternative Dispute Resolution Office;

(9) Director of the Maryland Energy Administration;

(10) Director of the Office of the Deaf and Hard of Hearing;

(11) Director of the Office of Homeland Security;

(12) Director of the Office of Performance Improvement;

(13) Director of the State Department of Assessments and Taxation;

(14) Director of the State Lottery and Gaming Control Agency;

(15) Executive Director of the Governor’s Office of Community and Crime;

(16) Executive Director of the Governor’s Office of Crime Prevention and Policy;

(17) Executive Director of the State Retirement Agency;

(18) Insurance Commissioner of the Maryland Insurance Administration;

(19) Special Secretary of the Office of Small, Minority, and Women Business Affairs;

(20) Special Secretary of the Governor’s Office for Children;

(21) State Archivist;

(22) State Prosecutor of the State Prosecutor’s Office; or

(23) State Superintendent of Schools.
Md. Code, State Personnel and Pensions § 29-401 — MD Code / Article gsp / Title 29 / Subtitle 4 / Section 29-401
§29–401.
Status: in_force

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

(b) (1) “Accumulated cost–of–living adjustment amount” means the sum of all prior cost–of–living adjustments made to an allowance.

(2) “Accumulated cost–of–living adjustment amount” does not include the cost–of–living adjustment made as of July 1 of the current fiscal year.

(c) (1) “Allowance” has the meaning stated in § 20–101 of this article.

(2) “Allowance” includes an annual retirement allowance adjustment payable as of July 1, 1999, to a retiree of the State Police Retirement System who retired on or before June 30, 1999, under § 24–401(e) of this article.

(d) “Consumer Price Index” means the annual average Consumer Price Index (all urban consumers, United States city average, all items, not seasonally adjusted, 1982–1984 = 100) for the calendar year ending December 31 as published by the United States Department of Labor, Bureau of Labor Statistics.

(e) “Cost–of–living adjustment” means the amount by which an allowance is adjusted as of July 1 of a fiscal year.

(f) “Cost–of–living rate” means the rate computed in accordance with § 29–402(c) of this subtitle that is used to determine a cost–of–living adjustment.

(g) “Cost–of–living rate cap” means the maximum cost–of–living rate that may be used to determine a cost–of–living adjustment in a fiscal year.

(h) “Effective date” means:

(1) for an allowance of a former member, a retiree, or the surviving beneficiary of a deceased member, the first day of the month in which an allowance is first paid to the former member, retiree, or surviving beneficiary; or

(2) for an allowance of a surviving beneficiary of a former member or a retiree, the first day of the month in which an allowance was first paid to the former member or retiree.

(i) “Initial allowance” means a basic allowance or an optional allowance paid in accordance with § 21–403 of this article, not including a cost–of–living adjustment, accumulated cost–of–living adjustment, or any additional annuity.

(j) “Selection A (Additional member contributions)” means the retirement selection described in § 22–219 of this article.

(k) “Selection B (Limited cost–of–living adjustment)” means the retirement selection described in § 22–220 of this article.

(l) “Selection C (Combination formula)” means the retirement selection described in § 22–221 of this article.
Md. Code, Public Utilities § 29-102 — MD Code / Article gpu / Title 29 / Subtitle 1 / Section 29-102
§29–102.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, a person who violates a watershed regulation adopted under § 17–403 of this article has committed a Commission infraction.

(2) A Commission infraction does not include a violation of a watershed regulation declared by law to be a criminal offense.

(3) The Commission may:

(i) establish a schedule of preset fines for each conviction of a Commission infraction under this section;

(ii) impose a preset fine not to exceed $150 for each conviction of a Commission infraction under this section; and

(iii) impose a preset fine not to exceed $300 for a repeat offense.

(4) The recipient of a citation for a Commission infraction shall pay the fine to the Commission within 20 calendar days after the receipt of the citation.

(b) (1) (i) A Commission police officer may issue a citation to any person charged with committing a Commission infraction.

(ii) The Commission shall:

1. retain a copy of the citation; and

2. include on the citation a certification attesting to the truth of the matter specified in the citation.

(2) The citation also shall contain:

(i) the name and address of the person charged;

(ii) the nature of the Commission infraction;

(iii) the location and time that the Commission infraction occurred;

(iv) the amount of the civil fine assessed for the Commission infraction;

(v) the manner, location, and time in which the fine may be paid to the Commission; and

(vi) notice of the person’s right to a trial for the Commission infraction.

(c) (1) A person who receives a citation for a Commission infraction under this section may elect to stand trial by filing with the Commission a notice of the person’s intent to stand trial.

(2) The notice of intent to stand trial shall be given at least 5 days before the payment due date specified in the citation.

(3) On receipt of the notice of intent to stand trial, the Commission shall forward to the District Court having venue a copy of the citation and a copy of the notice of intent to stand trial that was filed by the person who received the citation.

(4) On receipt of the citation and the notice of intent to stand trial, the District Court shall schedule the case for trial and notify the defendant of the trial date.

(5) The District Court shall remit to the Commission all fines, penalties, or forfeitures the Court collects for Commission infractions.

(d) (1) If a person who receives a citation for a Commission infraction fails to pay the fine by the payment due date specified in the citation and fails to file a notice of the person’s intent to stand trial for the offense, the Commission shall send a notice of the Commission infraction to the person’s last known address.

(2) A person who fails to pay the fine within 15 days after the date of the notice is liable for an additional fine not to exceed twice the original fine.

(3) (i) If the fine is not paid within 35 days after the date of the notice, the Commission may request adjudication of the case through the District Court, which may include the filing of a demand for judgment on affidavit.

(ii) On receipt of the request for adjudication, the District Court promptly shall schedule the case for trial and summon the defendant to appear.

(4) If the defendant fails to respond to the summons and the Commission has made a proper demand for judgment on affidavit, the District Court shall enter judgment against the defendant in favor of the Commission in the amount then due.

(e) A person found by the District Court to have committed a Commission infraction shall pay a fine not to exceed:

(1) $150 for a first offense; or

(2) $300 for a repeat offense.

(f) (1) For the purpose of this section, a Commission infraction is a civil offense.

(2) The adjudication of a Commission infraction:

(i) is not a criminal conviction; and

(ii) does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

(g) In a proceeding for a Commission infraction before the District Court, the violation shall be prosecuted in the same manner and to the same extent provided for municipal infractions under §§ 6–108 through 6–110, 6–112, and 6–114 of the Local Government Article.
Md. Code, Alcoholic Beverages and Cannabis § 29-1702 — MD Code / Article gab / Title 29 / Subtitle 17 / Section 29-1702
§29–1702.
Status: in_force

An applicant for a transfer of a license is subject to a State and national criminal history records check under § 4–107 of this article.
Md. Code, Insurance § 29-102 — MD Code / Article gin / Title 29 / Subtitle 1 / Section 29-102
§29–102.
Status: in_force

The Insurance Commissioner of the Maryland Insurance Administration is hereby appointed as the State of Maryland’s representative to the Interstate Insurance Product Regulation Commission.
Md. Code, Alcoholic Beverages and Cannabis § 29-1201 — MD Code / Article gab / Title 29 / Subtitle 12 / Section 29-1201
§29–1201.
Status: in_force

(a) There is a local caterer’s license.

(b) The Board may issue the license to a holder of:

(1) a Class B restaurant or hotel (on–sale) beer and wine license; or

(2) a Class B restaurant or hotel (on–sale) beer, wine, and liquor license.

(c) (1) The license authorizes:

(i) the holder of a Class B beer and wine license to provide beer and wine at events that are held off the premises of the restaurant or hotel; and

(ii) the holder of a Class B beer, wine, and liquor license to provide beer, wine, and liquor at events that are held off the premises of the restaurant or hotel.

(2) The holder may exercise the privileges under the license only during the hours and days that are allowed for the holder’s Class B license.

(d) The license holder shall provide food for consumption at the catered event.

(e) The annual license fee is $550.

(f) This section does not require a holder of an existing Class B restaurant or hotel (on–sale) beer and wine license or a Class B restaurant or hotel (on–sale) beer, wine, and liquor license to obtain a caterer’s license for catering on the premises for which the Class B license is issued.
Md. Code, Local Government § 29-107 — MD Code / Article glg / Title 29 / Subtitle 1 / Section 29-107
§29–107.
Status: in_force

(a) A person seeking an alternative dispute resolution under this title shall file a written request for alternative dispute resolution within 6 months after the date of the incident giving rise to the request.

(b) (1) A person who satisfies the time requirements under subsection (a) of this section is deemed to have complied with the requirements of § 20–1004 of the State Government Article.

(2) The Commission may provide a copy of a written request filed under subsection (a) of this section to the Maryland Commission on Human Relations to verify the compliance of a party with the requirements of § 20–1004 of the State Government Article.
Md. Code, State Personnel and Pensions § 29-402 — MD Code / Article gsp / Title 29 / Subtitle 4 / Section 29-402
§29–402.
Status: in_force

(a) (1) This subtitle applies only to an allowance paid to a former member, a retiree, or the surviving beneficiary of a deceased member, former member, or retiree of:

(i) the Correctional Officers’ Retirement System;

(ii) the Employees’ Pension System;

(iii) the Employees’ Retirement System;

(iv) the Law Enforcement Officers’ Pension System;

(v) the Local Fire and Police System;

(vi) the State Police Retirement System;

(vii) the Teachers’ Pension System; and

(viii) the Teachers’ Retirement System.

(2) This subtitle does not apply to an allowance that is payable under the Judges’ Retirement System, under the Legislative Pension Plan, or for a Governor under § 22–405 of this article.

(b) (1) Except as provided in paragraph (2) of this subsection, each fiscal year, the Board of Trustees shall adjust an allowance as provided in this subtitle.

(2) An initial cost–of–living adjustment may not be made until the second July 1 after the day preceding the effective date of an allowance.

(3) A cost–of–living adjustment does not apply to:

(i) benefits paid in a single payment;

(ii) the return of accumulated contributions; or

(iii) benefits attributable to additional contributions.

(c) (1) Except as provided in paragraph (2) of this subsection, and subject to subsection (f) of this section, to determine the cost–of–living rate used to adjust an allowance in a fiscal year, the Board of Trustees shall:

(i) subtract the Consumer Price Index for the calendar year ending December 31 in the second preceding fiscal year from the Consumer Price Index for the calendar year ending December 31 in the preceding fiscal year; and

(ii) divide the amount determined under item (i) of this paragraph by the Consumer Price Index for the calendar year ending December 31 in the second preceding fiscal year.

(2) The cost–of–living rate used to adjust an allowance in a fiscal year may not exceed any cost–of–living rate cap that is applicable to the allowance under § 29–404(c), § 29–405(c), § 29–406(c), or § 29–408(c) of this subtitle.

(d) (1) A cost–of–living adjustment payable in a fiscal year shall be determined as provided in this subsection.

(2) For a compound cost–of–living adjustment, the cost–of–living adjustment as of July 1 of a fiscal year shall be determined by multiplying the cost–of–living rate determined in subsection (c) of this section by the sum of:

(i) the initial allowance; and

(ii) the accumulated cost–of–living adjustment amount.

(3) For a simple cost–of–living adjustment, the cost–of–living adjustment as of July 1 of a fiscal year shall be determined by multiplying the cost–of–living rate determined in subsection (c) of this section by the initial allowance.

(e) The total allowance payable in any fiscal year shall be the sum of:

(1) the initial allowance;

(2) the cost–of–living adjustment;

(3) the accumulated cost–of–living adjustment amount; and

(4) any additional annuity.

(f) (1) In this subsection, “zero rate fiscal year” means any fiscal year when the cost–of–living rate calculated under subsection (c) of this section is less than 0%.

(2) For any fiscal year in which the cost–of–living rate determined under subsection (c) of this section is less than 0%, the cost–of–living rate for that fiscal year shall be 0%.

(3) (i) This paragraph applies only to a fiscal year that is not a zero rate fiscal year.

(ii) Subject to subparagraph (iii) of this paragraph:

1. for a fiscal year that follows immediately after a zero rate fiscal year, the cost–of–living rate determined under subsection (c) of this section shall be reduced by the difference between 0% and the cost–of–living rate that would have been determined under subsection (c) of this section for the preceding fiscal year without regard to paragraph (2) of this subsection; and

2. for a fiscal year that follows immediately after 2 or more consecutive zero rate fiscal years, the cost–of–living rate determined under subsection (c) of this section shall be reduced by the difference between 0% and the total cost–of–living rate that would have been determined under subsection (c) of this section for each of those fiscal years without regard to paragraph (2) of this subsection.

(iii) If the rate reduction required for any fiscal year under subparagraph (ii) of this paragraph would reduce the cost–of–living rate for the fiscal year to be less than 0%, the difference between 0% and the excess rate reduction shall be deducted from the cost–of–living rate in future years, subject to paragraph (2) of this subsection, until the total required rate reduction has been fully applied.
Md. Code, Alcoholic Beverages and Cannabis § 29-2612 — MD Code / Article gab / Title 29 / Subtitle 26 / Section 29-2612
§29–2612.
Status: in_force

(a) A place where alcoholic beverages are sold in violation of this article or Title 5 of the Tax – General Article is a public nuisance.

(b) (1) On conviction of the owner or operator of the place, the place may be closed and the public nuisance may be abated until a $2,000 bond is posted, payable to the State.

(2) The bond shall be conditioned on the owner or operator:

(i) not selling alcoholic beverages in violation of this article; and

(ii) paying all fines, costs, and damages assessed against the owner.

(3) If a condition of the bond is violated, the county may bring action against the owner or operator for fines, costs, and damages.

(c) If a jury trial is requested or an appeal is taken in a case in which a place is alleged to be a public nuisance, the place shall be closed until the defendant posts a $2,000 bond under the same conditions as those specified under subsection (b) of this section.

(d) A person who owns or operates a public nuisance as described in subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 2 years or both.
Md. Code, State Personnel and Pensions § 29-101 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-101
§29–101.
Status: in_force

This subtitle does not apply to the Judges’ Retirement System.
Md. Code, Alcoholic Beverages and Cannabis § 29-901 — MD Code / Article gab / Title 29 / Subtitle 9 / Section 29-901
§29–901.
Status: in_force

(a) There is a Class A beer, wine, and liquor license.

(b) (1) The license authorizes the license holder to sell beer, wine, and liquor at retail to consumers at the place described in the license.

(2) A license may not be issued for a premises having a direct or indirect connection with a drug or pharmaceutical dispensing business or other business establishment of a type commonly known as a drugstore.

(3) The license holder shall sell the beer, wine, and liquor in a sealed package or container.

(4) The package or container may not be opened and its contents may not be consumed on the premises where the beer, wine, or liquor was sold.

(c) The annual license fee is $5,000.
Md. Code, Alcoholic Beverages and Cannabis § 29-802 — MD Code / Article gab / Title 29 / Subtitle 8 / Section 29-802
§29–802.
Status: in_force

(a) There is:

(1) a Class A beer and wine 6–day license; and

(2) a Class A beer and wine 7–day license.

(b) (1) The license authorizes the license holder to sell beer and wine, at retail, at the place described in the license.

(2) The license holder shall sell the beer and wine in a sealed package or container.

(3) The package or container may not be opened and its contents may not be consumed on the premises where the beer or wine is sold.

(c) A person may not hold the license for use by an establishment with a direct or indirect connection to a drugstore.

(d) The annual license fees are:

(1) $190 for a 6–day license; and

(2) $221 for a 7–day license.
Md. Code, Alcoholic Beverages and Cannabis § 29-103 — MD Code / Article gab / Title 29 / Subtitle 1 / Section 29-103
§29–103.
Status: in_force

A copy of any legislation concerning alcoholic beverages enacted by the County Commissioners under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.
Md. Code, Alcoholic Beverages and Cannabis § 29-2006 — MD Code / Article gab / Title 29 / Subtitle 20 / Section 29-2006
§29–2006.
Status: in_force

Alcoholic beverages may not be consumed on a licensed premises from 2 a.m. on Sunday to 8 a.m. on the following day except for alcoholic beverages sold:

(1) for on–premises consumption, by a holder of a Class B beer, wine, and liquor license or Class C beer, wine, and liquor license, who may sell beer, wine, and liquor from 12:30 p.m. to midnight on Sunday, if food is available for purchase on the premises; or

(2) for off–premises consumption, by a holder of a 7–day Class A beer license or a 7–day Class A beer and wine license, who may sell alcoholic beverages as authorized by the license from 8 a.m. on Sunday to 2 a.m. the following day.
Md. Code, Alcoholic Beverages and Cannabis § 29-2101 — MD Code / Article gab / Title 29 / Subtitle 21 / Section 29-2101
§29–2101.
Status: in_force

(a) The following sections of Title 4, Subtitle 6 (“Revocation and Suspension of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–602 (“Power of local licensing board”);

(2) § 4–603 (“Revocation and suspension procedures”);

(3) § 4–604 (“Grounds for revocation or suspension”); and

(4) § 4–606 (“Effects of revocation”).

(b) Section 4–605 (“Nudity and sexual displays”) of Division I of this article does not apply in the county.
Md. Code, Alcoholic Beverages and Cannabis § 29-2502 — MD Code / Article gab / Title 29 / Subtitle 25 / Section 29-2502
§29–2502.
Status: in_force

(a) From 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in:

(1) an establishment open to the public;

(2) a place of public entertainment; or

(3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article.

(b) An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Alcoholic Beverages and Cannabis § 29-1406 — MD Code / Article gab / Title 29 / Subtitle 14 / Section 29-1406
§29–1406.
Status: in_force

In addition to the information required under Title 4, Subtitle 1 of this article, the Board may require an applicant for a license to include any other information that the Board considers necessary.
Md. Code, State Personnel and Pensions § 29-302.1 — MD Code / Article gsp / Title 29 / Subtitle 3 / Section 29-302.1
§29–302.
Status: in_force

§29–302.1.

(a) This section applies only to an individual who:

(1) is a former member of:

(i) the Employees’ Retirement System; or

(ii) the Teachers’ Retirement System;

(2) is eligible to receive a vested allowance under § 29-302 of this subtitle; and

(3) has not elected to receive a benefit under § 29-302 of this subtitle.

(b) Notwithstanding § 29-302 of this subtitle, an individual under subsection (a) of this section may elect a lump-sum payment equal to the present value of the individual’s vested allowance if:

(1) the vested allowance is less than $50 a month;

(2) (i) the individual is not a member of the Optional Retirement Program and has terminated any employment with a participating employer for the State; or

(ii) the individual is a member of the Optional Retirement Program and has terminated employment with an employing institution as defined in § 30-101(e) of this article; and

(3) the individual requests a lump-sum payment of the vested allowance on a form provided by the State Retirement Agency.
Md. Code, State Personnel and Pensions § 29-202 — MD Code / Article gsp / Title 29 / Subtitle 2 / Section 29-202
§29–202.
Status: in_force

(a) (1) (i) Subject to subparagraph (ii) of this paragraph, when the Board of Trustees receives proof of death of an individual who died while employed as a member, the Board of Trustees shall pay to the designated beneficiary or, if there is no designated beneficiary, to the member’s estate the amounts specified in this subsection.

(ii) If a member designates more than one beneficiary, on the death of the member, the Board of Trustees shall pay the amounts specified in this subsection in equal shares to each of the designated beneficiaries.

(2) Subject to paragraph (1) of this subsection, the Board of Trustees shall pay the member’s accumulated contributions.

(3) Subject to paragraph (1) of this subsection, the Board of Trustees shall pay an amount equal to the member’s annual earnable compensation at death if the member dies in the course of the performance of duty or the member has at least 1 year of eligibility service.

(b) (1) A death benefit under this section may not be paid for the death of a member of the State Police Retirement System if a special death benefit under § 29–204 of this subtitle is paid for that death.

(2) A death benefit under this section may not be paid for the death of a member of the Correctional Officers’ Retirement System if a special death benefit under § 29–204.1 of this subtitle is paid for that death.

(3) A death benefit under this section may not be paid for the death of a member of the Employees’ Retirement System, Employees’ Pension System, Teachers’ Retirement System, or Teachers’ Pension System if a special death benefit under § 29–204.2 of this subtitle is paid for that death.

(4) A death benefit under this section may not be paid for the death of a member of the Law Enforcement Officers’ Pension System if a special death benefit under § 29–203 of this subtitle is paid for that death.

(5) A death benefit under this section may not be paid for the death of a member if a retirement allowance under § 29–205 or § 29–206 of this subtitle is paid for that death.

(6) (i) If all individuals who are eligible for a special death benefit under § 29–203, § 29–204, § 29–204.1, or § 29–204.2 of this subtitle elect to waive the payment of a special death benefit, a benefit shall be paid in accordance with subsection (a) of this section.

(ii) If all individuals who are eligible for an allowance under § 29–205 or § 29–206 of this subtitle elect to waive the payment of an allowance, a benefit shall be paid in accordance with subsection (a) of this section.

(c) The Board of Trustees may provide the death benefit as group life insurance if the Board of Trustees finds that the designated beneficiaries would receive a more favorable tax treatment of the death benefit.
Md. Code, State Personnel and Pensions § 29-112 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-112
§29–112.
Status: in_force

If the Board of Trustees approves an application for disability retirement for a member of the State Police Retirement System that was filed by the Secretary of State Police under § 29-103(c) of this subtitle or § 2-415(b) of the Public Safety Article, the member:

(1) within 90 days after approval, may exercise an option as provided under §§ 21-402 and 21-403 of this article; or

(2) shall receive the basic allowance.
Md. Code, Alcoholic Beverages and Cannabis § 29-2605 — MD Code / Article gab / Title 29 / Subtitle 26 / Section 29-2605
§29–2605.
Status: in_force

This part applies to the Town of Crisfield.
Md. Code, Alcoholic Beverages and Cannabis § 29-1601 — MD Code / Article gab / Title 29 / Subtitle 16 / Section 29-1601
§29–1601.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, the Board may not issue a license for an establishment that is within 200 feet of a place of worship, school, public library, or youth center.

(2) The distance is to be measured from the nearest point of the establishment to the nearest point of the property line of the place of worship, public library, school, or youth center.

(b) The prohibition against issuing a license in subsection (a) of this section does not apply to:

(1) a licensed establishment that existed before the place of worship, school, public library, or youth center was built within 200 feet of the licensed establishment;

(2) an establishment having any previous owner who was the holder of a license to sell alcoholic beverages; and

(3) a temporary license.
Md. Code, State Personnel and Pensions § 29-109 — MD Code / Article gsp / Title 29 / Subtitle 1 / Section 29-109
§29–109.
Status: in_force

(a) This section does not apply to the State Police Retirement System.

(b) Except as provided in subsection (c) of this section, the Board of Trustees shall grant an accidental disability retirement allowance to a member if:

(1) the member is totally and permanently incapacitated for duty as the natural and proximate result of an accident that occurred in the actual performance of duty at a definite time and place without willful negligence by the member; and

(2) the medical board certifies that:

(i) the member is mentally or physically incapacitated for the further performance of the normal duties of the member’s position;

(ii) the incapacity is likely to be permanent; and

(iii) the member should be retired.

(c) The Board of Trustees shall grant an accidental disability retirement allowance to a member of the Law Enforcement Officers’ Pension System if:

(1) the member is totally and permanently incapacitated for duty arising out of or in the course of the actual performance of duty without willful negligence by the member; and

(2) the medical board certifies that:

(i) the member is totally incapacitated, either mentally or physically, for the further performance of duty;

(ii) the incapacity is likely to be permanent; and

(iii) the member should be retired.
Md. Code, Alcoholic Beverages and Cannabis § 29-1001 — MD Code / Article gab / Title 29 / Subtitle 10 / Section 29-1001
§29–1001.
Status: in_force

(a) There is a Class C (fraternal or sororal organization) beer, wine, and liquor license.

(b) The Board may issue the license for use by a lodge or chapter of a nonprofit and nationwide fraternal or sororal organization that:

(1) is composed of inducted members;

(2) was operating in the county for at least 1 year before the license application was made;

(3) has at least 25 members paying dues of at least $15 per year per member; and

(4) owns or operates a home or clubhouse that is principally for the use of its members and guests when accompanied by members.

(c) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for on–premises consumption.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 29–2004 of this title.

(e) The annual license fee is $316.
Md. Code, Alcoholic Beverages and Cannabis § 29-2703 — MD Code / Article gab / Title 29 / Subtitle 27 / Section 29-2703
§29–2703.
Status: in_force

The granting of probation before judgment to a license holder or an employee of the license holder for a violation of § 6–307 of this article does not bar the Board from proceeding administratively against the license holder for the violation.
Md. Code, Public Utilities § 29-106 — MD Code / Article gpu / Title 29 / Subtitle 1 / Section 29-106
§29–106.
Status: in_force

(a) A person may not leave unburied for a period longer than 24 hours a dead animal or fecal matter in the sanitary district or on a watershed from which the Commission gets its water supply.

(b) The Commission may bury a dead animal or fecal matter left unburied more than 24 hours and charge the cost of the burial to the owner or the person on whose property the dead animal or fecal matter was found.
Md. Code, Alcoholic Beverages and Cannabis § 29-402 — MD Code / Article gab / Title 29 / Subtitle 4 / Section 29-402
§29–402.
Status: in_force

A holder of a manufacturer’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Alcoholic Beverages and Cannabis § 29-1306 — MD Code / Article gab / Title 29 / Subtitle 13 / Section 29-1306
§29–1306.
Status: in_force

(a) There is a liquor tasting license.

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

(c) The license authorizes the holder to allow the consumption of liquor for tasting if:

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

(2) the consumer is not charged for the liquor.

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

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

(2) five offerings in 1 day.

(e) In addition to the cost of the Class A beer, wine, and liquor license, the liquor tasting license fees are:

(1) for a license that is effective for only 1 day in a licensing period, $20;

(2) for a license that is effective for any 26 days in a licensing period, $200;

(3) for a license that is effective for any 52 days in a licensing period, $300; and

(4) for a license that is effective for any 104 days in a licensing period, $400.
Md. Code, Alcoholic Beverages and Cannabis § 29-201 — MD Code / Article gab / Title 29 / Subtitle 2 / Section 29-201
§29–201.
Status: in_force

There is a Board of License Commissioners for Somerset County.
Md. Code, Public Utilities § 29-101 — MD Code / Article gpu / Title 29 / Subtitle 1 / Section 29-101
§29–101.
Status: in_force

(a) In this section, “enforcement official” means an employee of the Commission authorized by the Commission to issue a citation for a Commission infraction under this section.

(b) This section applies to the violations of the following:

(1) regulations governing sewer cleaning adopted under § 24–201 of this article;

(2) regulations governing plumbing adopted under § 17–403, Title 24, Subtitle 1, § 26–102, or § 26–204 of this article;

(3) regulations governing erosion and sediment control for utility construction adopted under § 17–403 of this article and § 4–105 of the Environment Article;

(4) regulations governing gas fitting adopted under § 17–404 of this article;

(5) regulations governing required permits for public utility construction adopted under §§ 27–101, 27–107, and 27–108 of this article;

(6) regulations governing the Commission Pretreatment Program adopted under § 17–403 of this article and § 9–332 of the Environment Article; or

(7) any other regulation adopted in accordance with § 17–406 of this article.

(c) (1) (i) A person who violates any provision of a regulation listed in subsection (b) of this section has committed a Commission infraction and on delivery of a citation by the Commission under subsection (d)(1) of this section shall pay to the Commission a civil fine in the amount of:

1. for a first violation of the regulation, $250;

2. for a second violation of the regulation, $500;

3. for a third violation of the regulation, $750; and

4. for a fourth or subsequent violation, $1,000.

(ii) Each day that a violation of the regulation remains uncorrected is a separate Commission infraction subject to an additional citation and fine in the amount of $250.

(2) (i) The payment due date for the fine may not be less than 10 or more than 20 calendar days after the date of delivery of the citation.

(ii) The recipient of the citation may pay the fine before the payment due date specified in the citation.

(d) (1) After verifying a Commission infraction the enforcement official shall deliver the citation to any person charged with committing the Commission infraction in accordance with the enforcement procedures of the regulations.

(2) The citation shall be on a form adopted by the Commission and shall include:

(i) the date of delivery of the citation;

(ii) the name and address of the person charged;

(iii) the specific provision of the regulations that has been violated;

(iv) the nature of the Commission infraction;

(v) the location and time that the Commission infraction occurred;

(vi) the amount of the civil fine assessed for the Commission infraction;

(vii) the manner, location, and time in which the fine may be paid to the Commission;

(viii) a statement that each day that a violation continues is a separate Commission infraction subject to additional citation;

(ix) the name, business address, title, and telephone number of the enforcement official who issued the citation; and

(x) notice of the person’s right to a trial for the Commission infraction and instructions and time limits for that election.

(e) (1) A person who receives a citation for a Commission infraction under this section may elect to stand trial by filing with the Commission a notice of the person’s intent to stand trial.

(2) The notice of intent to stand trial shall be given at least 5 days before the payment due date specified in the citation.

(3) On receipt of the notice of intent to stand trial, the Commission shall forward to the District Court having venue a copy of the citation and a copy of the notice of intent to stand trial that was filed by the person who received the citation.

(4) On receipt of the citation and the notice of intent to stand trial, the District Court shall schedule the case for trial and notify the defendant and Commission of the trial date.

(5) The District Court shall remit to the Commission all fines, penalties, or forfeitures the Court collects for Commission infractions.

(f) (1) If a person who receives a citation for a Commission infraction fails to pay the fine by the payment due date specified in the citation and fails to file a notice of the person’s intent to stand trial for the offense:

(i) the person is liable for the assessed fine; and

(ii) the Commission shall send a notice of the Commission infraction to the person’s last known address.

(2) (i) If the fine is not paid within 35 days after the date of the notice, the Commission may request adjudication of the case through the District Court, which may include the filing of a demand for judgment on affidavit.

(ii) On receipt of the request for adjudication, the District Court shall schedule the case for trial and summon the defendant to appear.

(3) If the defendant fails to respond to the summons and the Commission has made a proper demand for judgment on affidavit, the District Court shall enter judgment against the defendant in favor of the Commission in the amount then due.

(g) (1) For the purpose of this section, a Commission infraction is a civil offense.

(2) The adjudication of a Commission infraction:

(i) is not a criminal conviction; and

(ii) does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

(h) In a proceeding for a Commission infraction before the District Court, the violation shall be prosecuted in the same manner and to the same extent provided for municipal infractions under §§ 6–108 through 6–110, 6–112, and 6–114 of the Local Government Article.