Md. Code, Real Property § 8-203 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: reserved

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

(2) “Landlord” means a landlord or a prospective landlord.

(3) “Security deposit” means any payment of money, including payment of the last month’s rent in advance of the time it is due, given to a landlord by a tenant in order to protect the landlord against nonpayment of rent, damage due to breach of lease, or damage to the leased premises, common areas, major appliances, and furnishings.

(4) “Tenant” means a tenant or a prospective tenant.

(b) (1) Except as provided in paragraph (2) of this subsection, a landlord may not impose a security deposit in excess of the equivalent of 1 month’s rent per dwelling unit, regardless of the number of tenants.

(2) A landlord may impose a security deposit in an amount equivalent to up to 2 months’ rent if:

(i) The tenant is eligible and has qualified for utility assistance through the Department of Human Services;

(ii) The lease agreement requires that the tenant make payments for utility services directly to the landlord; and

(iii) The tenant and landlord agree in writing to the amount of the security deposit.

(3) If a landlord violates paragraph (1) of this subsection, the tenant may recover up to three times the extra amount charged, plus reasonable attorney’s fees.

(4) An action under this section may be brought at any time during the tenancy or within 2 years after its termination.

(c) (1) The landlord shall give the tenant a receipt for the security deposit as specified in § 8–203.1 of this subtitle.

(2) The receipt shall be included in a written lease.

(d) (1) (i) The landlord shall maintain all security deposits in federally insured financial institutions, as defined in § 1–101 of the Financial Institutions Article, which do business in the State.

(ii) Security deposit accounts shall be maintained in branches of the financial institutions which are located within the State and the accounts shall be devoted exclusively to security deposits and bear interest.

(iii) A security deposit shall be deposited in an account within 30 days after the landlord receives it.

(iv) The aggregate amount of the accounts shall be sufficient in amount to equal all security deposits for which the landlord is liable.

(2) (i) In lieu of the accounts described in paragraph (1) of this subsection, the landlord may hold the security deposits in insured certificates of deposit at branches of federally insured financial institutions, as defined in § 1–101 of the Financial Institutions Article, located in the State or in securities issued by the federal government or the State of Maryland.

(ii) In the aggregate certificates of deposit or securities shall be sufficient in amount to equal all security deposits for which the landlord is liable.

(3) (i) In the event of sale or transfer of the landlord’s interest in the leased premises, including receivership or bankruptcy, the landlord or the landlord’s estate, but not the managing agent or court appointed receiver, shall remain liable to the tenant and the transferee for maintenance of the security deposit as required by law, and the withholding and return of the security deposit plus interest as required by law, as to all or any portion of the security deposit that the landlord fails to deliver to the transferee together with an accounting showing the amount and date of the original deposit, the records of the interest rates applicable to the security deposit, if any, and the name and last known address of the tenant from whom, or on whose behalf, the deposit was received.

(ii) A security deposit under this section may not be attached by creditors of the landlord or of the tenant.

(4) Any successor in interest is liable to the tenant for failure to return the security deposit, together with interest, as provided in this section.

(e) (1) Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater, less any damages rightfully withheld.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, interest shall accrue at monthly intervals from the day the tenant gives the landlord the security deposit. Interest is not compounded.

(ii) No interest is due or payable:

1. Unless the landlord has held the security deposit for at least 6 months; or

2. For any period less than a full month.

(3) Interest shall be payable only on security deposits of $50 or more.

(4) If the landlord, without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney’s fees.

(f) (1) (i) The security deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of lease or for damage by the tenant or the tenant’s family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, and furnishings owned by the landlord.

(ii) The tenant has the right to be present when the landlord or the landlord’s agent inspects the premises in order to determine if any damage was done to the premises, if the tenant notifies the landlord by certified mail of the tenant’s intention to move, the date of moving, and the tenant’s new address.

(iii) The notice to be furnished by the tenant to the landlord shall be mailed at least 15 days prior to the date of moving.

(iv) Upon receipt of the notice, the landlord shall notify the tenant by certified mail of the time and date when the premises are to be inspected.

(v) The date of inspection shall occur within five days before or five days after the date of moving as designated in the tenant’s notice.

(vi) The tenant shall be advised of the tenant’s rights under this subsection in writing at the time of the tenant’s payment of the security deposit.

(vii) Failure by the landlord to comply with this requirement forfeits the right of the landlord to withhold any part of the security deposit for damages.

(2) The security deposit is not liquidated damages and may not be forfeited to the landlord for breach of the rental agreement, except in the amount that the landlord is actually damaged by the breach or the amount of a surcharge authorized under § 7–301(c)(5)(ii) of the Courts Article.

(3) In calculating damages for lost future rents any amount of rents received by the landlord for the premises during the remainder if any, of the tenant’s term, shall reduce the damages by a like amount.

(g) (1) Subject to subsection (j) of this section, if any portion of the security deposit is withheld, the landlord shall present by first–class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed under subsection (f)(1) of this section together with an itemized statement of the cost incurred.

(2) If the landlord fails to comply with this requirement, the landlord forfeits the right to withhold any part of the security deposit for damages.

(h) (1) The provisions of subsections (e)(1) and (4) and (g)(1) and (2) of this section are inapplicable to a tenant who has been evicted or ejected for breach of a condition or covenant of a lease prior to the termination of the tenancy or who has abandoned the premises prior to the termination of the tenancy.

(2) (i) A tenant specified in paragraph (1) of this subsection may demand return of the security deposit by giving written notice by first–class mail to the landlord within 45 days of being evicted or ejected or of abandoning the premises.

(ii) The notice shall specify the tenant’s new address.

(iii) Subject to subsection (j) of this section, the landlord, within 45 days of receipt of such notice, shall present, by first–class mail to the tenant, a written list of the damages claimed under subsection (f)(1) of this section together with an itemized statement of the costs incurred and shall return to the tenant the security deposit together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater, less any damages rightfully withheld.

(3) (i) If a landlord fails to send the list of damages required by paragraph (2) of this subsection, the right to withhold any part of the security deposit for damages is forfeited.

(ii) If a landlord fails to return the security deposit as required by paragraph (2) of this subsection, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney’s fees.

(4) Except to the extent specified, this subsection may not be interpreted to alter the landlord’s duties under subsections (e) and (g) of this section.

(i) (1) Under this subsection, a landlord:

(i) May not require the tenant to purchase a surety bond; and

(ii) Is not required to consent to the tenant’s purchase of a surety bond.

(2) (i) Instead of paying all or part of a security deposit to a landlord under this section, a tenant may purchase a surety bond to protect the landlord against:

1. Nonpayment of rent;

2. Damage due to breach of lease; or

3. Damage caused by the tenant or the tenant’s family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, or furnishings owned by the landlord.

(ii) A surety shall refund to a tenant any premium or other charge paid by the tenant in connection with a surety bond if, after the tenant purchases a surety bond, the landlord refuses to accept the surety bond or the tenant does not enter into a lease with the landlord.

(3) (i) The amount of a surety bond purchased instead of a security deposit may not exceed two months’ rent per dwelling unit.

(ii) If a tenant purchases a surety bond and provides a security deposit in accordance with this section, the aggregate amount of both the surety bond and security deposit may not exceed two months’ rent per dwelling unit.

(iii) 1. If a landlord consents to a surety bond but requires the surety bond to be in an amount in excess of two months’ rent, the tenant may recover up to three times the extra amount charged for the surety bond, plus reasonable attorney’s fees.

2. If a landlord consents to both a surety bond and a security deposit but requires the surety bond and the security deposit to be in an aggregate amount in excess of two months’ rent, the tenant may recover up to three times the extra amount charged for the surety bond, plus reasonable attorney’s fees.

(4) Before a tenant purchases a surety bond instead of paying all or part of a security deposit, a surety shall disclose in writing to the tenant that:

(i) Payment for a surety bond is nonrefundable;

(ii) The surety bond is not insurance for the tenant;

(iii) The surety bond is being purchased to protect the landlord against loss due to nonpayment of rent, breach of lease, or damages caused by the tenant;

(iv) The tenant may be required to reimburse the surety for amounts the surety paid to the landlord;

(v) Even after a tenant purchases a surety bond, the tenant is responsible for payment of:

1. All unpaid rent;

2. Damage due to breach of lease; and

3. Damage by the tenant or the tenant’s family, agents, employees, guests, or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, or furnishings owned by the landlord;

(vi) The tenant has the right to pay the damages directly to the landlord or require the landlord to use the tenant’s security deposit, if any, before the landlord makes a claim against the surety bond; and

(vii) If the surety fails to comply with the requirements of this paragraph, the surety forfeits the right to make any claim against the tenant under the surety bond.

(5) (i) A tenant who purchases a surety bond in accordance with this subsection has the right to have the dwelling unit inspected by the landlord in the tenant’s presence for the purpose of making a written list of the damages that exist at the commencement of the tenancy, if the tenant requests an inspection by certified mail within 15 days of the tenant’s occupancy.

(ii) A tenant who provides a surety bond under this subsection shall have all the rights provided under subsection (f)(1)(ii) through (v) of this section.

(iii) The surety or landlord shall deliver to a tenant a copy of any agreements or documents signed by the tenant at the time of the tenant’s purchase of the surety bond.

(iv) A tenant shall be advised in writing of all of the tenant’s rights under this subsection prior to the purchase of a surety bond.

(6) (i) A surety bond may be used to pay claims by a landlord for:

1. Unpaid rent;

2. Damage due to breach of lease;

3. Damage by the tenant or the tenant’s family, agents, employees, guests, or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, or furnishings owned by the landlord; or

4. The amount of a surcharge authorized under § 7–301(c)(5)(ii) of the Courts Article.

(ii) A surety bond does not represent liquidated damages and may not be used as payment to a landlord for breach of the rental agreement, except in the amount that the landlord is actually damaged by the breach.

(iii) Except as provided in subparagraphs (i) and (ii) of this paragraph, a surety may not, directly or indirectly, make any other payment to a landlord.

(7) Subject to subsection (j) of this section, at least 10 days before a landlord makes a claim against a surety bond subject to this subsection, the landlord shall send to the tenant by first–class mail directed to the last known address of the tenant, a written list of the damages to be claimed and an itemized statement of the costs incurred by the landlord.

(8) (i) A tenant shall have the right to pay any damages directly to the landlord or require the landlord to use the tenant’s security deposit, if any, before the landlord makes a claim against the surety bond.

(ii) If a tenant pays any damages directly to the landlord or requires the landlord to use the tenant’s security deposit under subparagraph (i) of this paragraph and the payment fully satisfies the claim, the landlord shall forfeit the right to make a claim under the surety bond for any damages covered by the tenant’s payment or the amount deducted from the tenant’s security deposit in accordance with subparagraph (i) of this paragraph.

(9) (i) The tenant may dispute the landlord’s claim to the surety by sending a written response by first–class mail to the surety within 10 days after receiving the landlord’s claim on the surety.

(ii) If the tenant disputes the claim, the surety may not report the claim to a credit reporting agency prior to obtaining a judgment for the claim against the tenant.

(10) In any proceeding brought by the surety against the tenant on a surety bond under this subsection:

(i) The tenant shall retain all rights and defenses otherwise available in a proceeding between a tenant and a landlord under this section; and

(ii) Damages may only be awarded to the surety to the extent that the tenant would have been liable to the landlord under this section.

(11) (i) If a landlord’s interest in the leased premises is sold or transferred, the new landlord shall accept the tenant’s surety bond and may not require:

1. During the current lease term, an additional security deposit from the tenant; or

2. At any lease renewal, a surety bond or a security deposit from the tenant that, in addition to any existing surety bond or security deposit, is in an aggregate amount in excess of two months’ rent per dwelling unit.

(ii) If the aggregate amount described in subparagraph (i)2 of this paragraph is in excess of two months’ rent, the tenant may recover up to three times the extra amount charged, plus reasonable attorney’s fees.

(12) (i) If a landlord fails to comply with the requirements of this subsection, the landlord forfeits the right to make any claim against the surety bond.

(ii) If a surety fails to comply with the requirements of this subsection, the surety forfeits the right to make any claim against a tenant under the surety bond.

(13) If a surety, in an action against the tenant, asserts a claim under the surety bond without having a reasonable basis to assert the claim, the court may grant the tenant damages of up to three times the amount claimed plus reasonable attorney’s fees.

(14) A surety bond issued under this subsection may only be issued by an admitted carrier licensed by the Maryland Insurance Administration.

(j) (1) An itemized statement of costs provided under subsection (g)(1), (h)(2)(iii), or (i)(7) of this section shall include supporting documentation that identifies the materials or services provided.

(2) Subject to subsection (k) of this section, a landlord may satisfy the requirement under paragraph (1) of this subsection by providing an estimate of the costs to be incurred by the landlord.

(k) (1) This subsection applies only if a landlord provides an estimate as documentation to support an itemized statement of costs provided under subsection (g)(1), (h)(2)(iii), or (i)(7) of this section.

(2) (i) The landlord shall notify the tenant in writing when the repairs have been completed.

(ii) The notice required under subparagraph (i) of this paragraph shall include a copy of the final invoice for any repairs made by the landlord.

(3) If the actual costs incurred by the landlord are less than the estimate provided to the tenant under subsection (j)(2) of this section, the landlord shall return to the tenant within 30 days after completing the repairs the amount of the security deposit withheld by the landlord that is in excess of the actual costs incurred by the landlord.

(l) No provision of this section may be waived in any lease.

(m) The Department of Housing and Community Development shall maintain on its website:

(1) A list of daily U.S. Treasury yield curve rates for 1 year, as of the first business day of each year, to be used in calculating the interest on a security deposit; or

(2) A customized calculator that calculates the interest due on a security deposit by allowing a user to enter the date that the security deposit was given to the landlord, a tenancy end date, and the amount of the security deposit.

(n) A landlord is entitled to rely on the list of yield curve rates or the customized calculator maintained by the Department of Housing and Community Development under subsection (m) of this section when calculating the interest on a security deposit.
Md. Code, Correctional Services § 8-416 — MD Code / Article gcs / Title 8 / Subtitle 4 / Section 8-416
§8–416.
Status: in_force

As to any request by an individual confined in another party state for trial in this State, written notice may not be deemed to have been delivered to the prosecuting officer and the appropriate court of this State in accordance with § 8-405(a) (Article III (a) of the Agreement) of this subtitle and notification may not be deemed to have been given in accordance with § 8-405(d) or § 8-406(b) of this subtitle (Article III (d) and Article IV (b) of the Agreement) until the notice or notification is actually received by the appropriate court and the appropriate State’s Attorney of this State, the State’s Attorney’s deputy or assistant, or any other person empowered to receive mail on behalf of the State’s Attorney.
Md. Code, Labor and Employment § 8-1007 — MD Code / Article gle / Title 8 / Subtitle 10 / Section 8-1007
§8–1007.
Status: in_force

(a) Except as provided in subsection (b) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for each week for which the Secretary finds that the individual is receiving, has received, or will receive holiday or vacation pay accumulated or earned to the credit of the individual if, on or before the date of the layoff or separation, the employing unit notifies the individual of a definite date on which the individual will return to work.

(b) Notwithstanding any other provision of this title, an individual may not be disqualified under subsection (a) of this section if the individual receives holiday or vacation pay attributable to a period that is outside the terms of an employment agreement that specifies:

(1) scheduled holiday or vacation periods; or

(2) employee discretion in scheduling holiday or vacation periods.
Md. Code, Courts and Judicial Proceedings § 8-103 — MD Code / Article gcj / Title 8 / Subtitle 1 / Section 8-103
§8–103.
Status: in_force

(a) Notwithstanding § 8–102 of this subtitle, an individual qualifies for jury service for a county only if the individual:

(1) Is an adult as of the day selected as a prospective juror;

(2) Is a citizen of the United States; and

(3) Resides in the county as of the day sworn as a juror.

(b) Notwithstanding subsection (a) of this section and subject to the federal Americans with Disabilities Act, an individual is not qualified for jury service if the individual:

(1) Cannot comprehend spoken English or speak English;

(2) Cannot comprehend written English, read English, or write English proficiently enough to complete a juror qualification form satisfactorily;

(3) Has a disability that, as documented by a health care provider’s certification, prevents the individual from providing satisfactory jury service;

(4) Has been convicted, in a federal or State court of record, of a crime punishable by imprisonment exceeding 1 year and received a sentence of imprisonment for more than 1 year; or

(5) Has a charge pending, in a federal or State court of record, for a crime punishable by imprisonment exceeding 1 year.

(c) An individual qualifies for jury service notwithstanding a disqualifying conviction under subsection (b)(4) of this section if the individual is pardoned.
Md. Code, State Finance and Procurement § 8-207 — MD Code / Article gsf / Title 8 / Subtitle 2 / Section 8-207
§8–207.
Status: in_force

(a) This section does not apply to bonds issued under an enabling act that specifically states that this section does not apply.

(b) Whenever a State unit simultaneously issues bonds authorized under 2 or more enabling acts, the State unit may allow submission of a bid that:

(1) is for bonds authorized under 1 enabling act; and

(2) is conditioned on the acceptance of 1 or more companion bids for bonds authorized under 1 or more of the other enabling acts.

(c) Whenever, as a whole, a set of bids under subsection (b) of this section yields to the State unit more than individual bids, the State unit shall accept the set even if 1 or more of the bids in the set yields less than the individual bids.
Md. Code, Real Property § 8-214 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-214
§8–214.
Status: in_force

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

(2) “Elderly person” means an individual who is 60 years old or older.

(3) “Landlord” means an owner of residential rental property who offers more than 3 dwelling units for rent on 1 parcel of property or at 1 location.

(b) This section applies only to Montgomery County.

(c) If a tenant is an elderly person, a landlord may not prohibit the tenant from keeping a household pet, unless specifically prohibited in writing at the time occupancy took place.

(d) A tenant is liable for any damage done to the premises by the tenant’s pet.

(e) A landlord may establish reasonable rules governing the type, size, and number of pets allowed, disposal of pet waste, and aspects of pet conduct and pet control related to protection of the health and safety of other tenants and the property of the landlord.
Md. Code, Land Use § 8-307 — MD Code / Article glu / Title 8 / Subtitle 3 / Section 8-307
§8–307.
Status: in_force

If a commission fails to act on a completed application within 45 days after the date when the completed application was filed, the application shall be considered approved unless:

(1) the applicant and the commission agree to an extension of the 45–day period; or

(2) the application is withdrawn.
Md. Code, Health - General § 8-408 — MD Code / Article ghg / Title 8 / Subtitle 4 / Section 8-408
§8–408.
Status: in_force

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

(2) “Community services program” includes a homeless services program.

(3) “Homeless services program” means a program operated by the Department of Housing and Community Development through a local administering agency or service provider for the purpose of providing shelter, food, and services to homeless family units in the State.

(4) “Intensive outpatient program” means a treatment program that addresses substance use disorders or other disorders that do not require detoxification or inpatient supervision and are designated by the American Society of Addiction Medicine as a level 2.1 setting.

(5) “Opioid treatment program” means a program approved by the Department to provide opioid maintenance therapy under regulations adopted by the Department.

(b) On or before June 30, 2024, a community services program that provides services to individuals who have a substance use disorder or an opioid use disorder or are at risk of experiencing a drug overdose shall have a protocol to offer opioid overdose reversal drugs approved by the federal Food and Drug Administration, free of charge, to those individuals who have an opioid use disorder or are at risk of experiencing a drug overdose when the individual receives services from the community services program.

(c) On or before June 30, 2023, each opioid treatment program and each intensive outpatient treatment program shall have a protocol to offer an opioid overdose reversal drug approved by the federal Food and Drug Administration, free of charge, when an individual receives services from the opioid treatment program or intensive outpatient treatment program.

(d) On or before June 30, 2024:

(1) State and local correctional facilities shall have a protocol to offer an opioid overdose reversal drug approved by the federal Food and Drug Administration, free of charge, to sentenced individuals who have an opioid use disorder or who are at risk of experiencing a drug overdose before the individual’s release; and

(2) The Division of Parole and Probation shall have a protocol to offer an opioid overdose reversal drug approved by the federal Food and Drug Administration, free of charge, to individuals under supervision who have an opioid use disorder or are at risk of experiencing a drug overdose.

(e) The Secretary may adopt regulations to carry out this section.
Md. Code, Land Use § 8-101 — MD Code / Article glu / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

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

(b) “Appurtenance and environmental setting” includes:

(1) paved or unpaved walkways and driveways;

(2) trees;

(3) landscaping;

(4) pastures;

(5) croplands;

(6) waterways; and

(7) rocks.

(c) “Commission” includes a historic district commission or a historic preservation commission.

(d) “Demolition” includes any willful neglect in the maintenance and repair of a structure, other than the appurtenance and environmental setting of the structure, that:

(1) is not due to a financial inability to maintain and repair the structure; and

(2) threatens to result in a substantial deterioration of the exterior features of the structure.

(e) “District” means a significant concentration, linkage, or continuity of sites, structures, or objects united historically or aesthetically by plan or development.

(f) “Person” includes a unit of local government.

(g) “Routine maintenance” means work that:

(1) does not alter the exterior fabric or features of a site or structure; and

(2) has no material effect on the historical, archaeological, or architectural significance of the site or structure.

(h) “Site” means the location of:

(1) an event of historic significance; or

(2) a structure or ruin that possesses historic, archaeological, or cultural significance.

(i) (1) “Structure” means a combination of material to form a construction that is stable.

(2) “Structure” includes:

(i) a building;

(ii) a stadium;

(iii) a reviewing stand;

(iv) a platform;

(v) staging;

(vi) an observation tower;

(vii) a radio tower;

(viii) a water tank or tower;

(ix) a trestle;

(x) a bridge;

(xi) a pier;

(xii) paving;

(xiii) a bulkhead;

(xiv) a wharf;

(xv) a shed;

(xvi) a coal bin;

(xvii) a shelter;

(xviii) a fence;

(xix) a display sign that is visible or intended to be visible from a public way; and

(xx) a part of a structure.
Md. Code, Business Regulation § 8-409 — MD Code / Article gbr / Title 8 / Subtitle 4 / Section 8-409
§8–409.
Status: in_force

(a) The Commission may order payment of a claim against the Fund only if:

(1) the decision or order of the Commission is final in accordance with Title 10, Subtitle 2 of the State Government Article and all rights of appeal are exhausted; or

(2) the claimant provides the Commission with a certified copy of a final judgment of a court of competent jurisdiction or a final award in arbitration, with all rights of appeal exhausted, in which the court or arbitrator:

(i) expressly has found on the merits that the claimant is entitled to recover under § 8–405(a) of this subtitle; and

(ii) has found the value of the actual loss.

(b) (1) Except as otherwise provided in this subsection, the Commission shall pay approved claims in the order submitted.

(2) If approved claims submitted to the Commission against a contractor exceed $250,000 less the amount of unreimbursed claim payments previously made for the contractor, the Commission may pay the approved claims proportionately so that each claimant receives the same percentage payment of the claims.

(3) After the Fund is reimbursed, the Commission shall pay unsatisfied approved claims.

(c) If there is not enough money in the Fund to pay an approved claim wholly or partly, the Commission shall pay the unpaid claim:

(1) when enough money is deposited in the Fund; and

(2) in the order that each claim originally was filed with a court of competent jurisdiction or submitted to the Commission.
Md. Code, Correctional Services § 8-708 — MD Code / Article gcs / Title 8 / Subtitle 7 / Section 8-708
§8–708.
Status: in_force

A county shall pay for:

(1) local monitoring of a community service program; and

(2) supervising participants.
Md. Code, Real Property § 8-312 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-312
§8–312.
Status: in_force

(a) Levy on goods under distress does not affect or disturb the title to the goods. The claim or lien of the landlord under this subtitle on the goods continues until the goods are sold as provided in this subtitle.

(b) All risk of loss or destruction of goods of any nature is on the owner or the tenant of the leased premises, regardless of whether the goods were removed from the leased premises by the officer. However, the officer is responsible to the owner for willful damage to the goods.
Md. Code, Criminal Law § 8-401 — MD Code / Article gcr / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

(a) A partner may not with fraudulent intent:

(1) convert or appropriate to the partner’s own use partnership money or property;

(2) make, or cause to be made, a false entry in partnership records of a partnership transaction; or

(3) fail to make or cause to be made an entry in partnership records to show the true state of a transaction:

(i) relating to partnership business; or

(ii) involving the use of partnership money or property.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Md. Code, Agriculture § 8-1004 — MD Code / Article gag / Title 8 / Subtitle 10 / Section 8-1004
§8–1004.
Status: in_force

(a) (1) A person that manages an agricultural operation may apply for certification under the Program.

(2) To apply for certification, a person shall submit an application to the Department on the form the Department requires.

(b) An agricultural operation may be certified as meeting the requirements of the Program if the agricultural operation is determined by the Department to meet:

(1) A fully implemented soil conservation and water quality plan that addresses all soil conservation and water quality issues on the agricultural operation;

(2) A fully implemented nutrient management plan for the agricultural operation in accordance with regulations adopted by the Department under Subtitle 8 of this title;

(3) The agricultural nitrogen, phosphorus, and sediment load reductions necessary for the agricultural operation to meet:

(i) The full implementation of the most recent Chesapeake Bay total maximum daily load as approved by the U.S. Environmental Protection Agency;

(ii) The applicable watershed implementation plan;

(iii) All applicable local total maximum daily load requirements; and

(iv) Any other water quality requirements for agricultural sources of nitrogen, phosphorus, or sediment; and

(4) State and federal laws, regulations, and permit conditions relating to agricultural sources of nitrogen, phosphorus, or sediment reduction applicable to the agricultural operation.

(c) (1) The Department may certify an agricultural operation after:

(i) Notification to the Department of the Environment;

(ii) An on–site inspection is conducted by a certified verifier, with the assistance of the Department of the Environment as appropriate;

(iii) Approval from the Department of the Environment if the agricultural operation is permitted or has an application submitted to be permitted under the Environment Article; and

(iv) A certainty agreement has been entered into between the Department and the person managing the agricultural operation that outlines the terms and conditions of certainty applicable to the agricultural operation, including:

1. Maintenance of best management practices required for certification;

2. Requirements for verification to assure certainty requirements are maintained;

3. Records that the Department requires the agricultural operation to maintain; and

4. Any other item the Department determines to be necessary for the administration of the Program.

(2) On request, the Department shall make available to the Department of the Environment records and information acquired by the Department under this subsection or subsection (a) or (b) of this section related to compliance with laws, regulations, permits, or other requirements enforced by the Department of the Environment.

(d) A certification issued under this section is valid for 10 years if:

(1) The agricultural operation remains in compliance with the requirements under this subtitle; and

(2) Except as authorized by regulation, there are no material changes to the operation, including change of ownership of the operation.

(e) At the end of the 10–year certification period, an agricultural operation certified under this section shall ensure that the agricultural operation is in compliance with all applicable laws, regulations, rules, and permit conditions that went into effect after the date of certification.
Md. Code, Real Property § 8-804 — MD Code / Article grp / Title 8 / Subtitle 8 / Section 8-804
§8–804.
Status: reserved

(a) (1) Except as provided in subsection (f) of this section, this section does not apply to irredeemable ground leases preserved under § 8–805 of this subtitle.

(2) This section does not apply to an affordable housing land trust agreement executed under Title 14, Subtitle 5 of this article.

(b) (1) Except for apartment and cooperative leases, any reversion reserved in a ground lease for longer than 15 years is redeemable at any time, at the option of the leasehold tenant, after 30 days’ notice to the ground lease holder. Notice shall be given by certified mail, return receipt requested, and by first–class mail to the last known address of the ground lease holder.

(2) The reversion is redeemable:

(i) For a sum equal to the annual ground rent reserved multiplied by:

1. 25, which is capitalization at 4 percent, if the ground lease was executed from April 8, 1884 to April 5, 1888, both inclusive;

2. 8.33, which is capitalization at 12 percent, if the ground lease was or is created after July 1, 1982; or

3. 16.66, which is capitalization at 6 percent, if the ground lease was created at any other time;

(ii) For a lesser sum if specified in the ground lease; or

(iii) For a sum to which the parties may agree at the time of redemption.

(3) (i) If the leasehold tenant is in default under a security instrument, the holder of the secured interest in the property that is subject to a ground lease, or any portion of a ground lease, that is recorded in the land records of the county in which the property is located may apply to the State Department of Assessments and Taxation to redeem the reversion as provided under this section.

(ii) If a holder of a secured interest applies to redeem a reversion as authorized under subparagraph (i) of this paragraph, the holder also shall pay to the ground lease holder the outstanding amount due, including, if authorized under the ground lease, reasonable late fees, interest, collection costs, and expenses as provided under § 8–807 of this subtitle.

(c) If a leasehold tenant has power to redeem the reversion from a trustee or other person who does not have a power of sale, the reversion nevertheless may be redeemed in accordance with the procedures prescribed in the Maryland Rules.

(d) Notwithstanding subsection (b) of this section, any regulatory changes made by a federal agency, instrumentality, or subsidiary, including the Department of Housing and Urban Development, the Federal Housing Administration, the Government National Mortgage Association, the Federal National Mortgage Association, and the U.S. Department of Veterans Affairs, shall be applicable to redemption of reversions of ground leases for longer than 15 years.

(e) (1) Before the entry of a judgment foreclosing a leasehold tenant’s right of redemption, a reversion in a ground rent or ground lease for 99 years renewable forever held on abandoned property in Baltimore City, as defined in § 14–817 of the Tax – Property Article, may be donated to Baltimore City or, at the option of Baltimore City, to an entity designated by Baltimore City.

(2) Valuation of the donation of a reversionary interest under this subsection shall be in accordance with subsection (b) of this section.

(f) (1) (i) A leasehold tenant who has given the ground lease holder notice in accordance with subsection (b) of this section may apply to the Department to redeem a ground rent as provided in this subsection.

(ii) When the Mayor and City Council of Baltimore City acquires property that is subject to an irredeemable ground rent, the City shall become the leasehold tenant of the ground rent and, after giving the ground lease holder notice in accordance with subsection (b) of this section, may apply to the Department to extinguish the ground rent as provided in this subsection.

(iii) When the Mayor and City Council of Baltimore City acquires abandoned or distressed property that is subject to a redeemable ground rent, the City shall become the leasehold tenant of the ground rent and, after giving the ground lease holder notice in accordance with subsection (b) of this section, may apply to the Department to redeem the ground rent as provided in this subsection.

(2) The leasehold tenant shall provide to the Department:

(i) Documentation satisfactory to the Department of the ground lease and the notice given to the ground lease holder; and

(ii) Payment of a $20 fee, and any expediting fee required under § 1–203 of the Corporations and Associations Article.

(3) (i) On receipt of the items stated in paragraph (2) of this subsection, the Department shall post notice on its website that application has been made to redeem or extinguish the ground rent.

(ii) The notice shall remain posted for at least 90 days.

(4) Except as provided in paragraph (5) of this subsection, a leasehold tenant seeking to redeem a ground rent shall provide to the Department:

(i) Payment of the redemption amount and up to 3 years’ past due ground rent to the extent required under this section and § 8–806 of this subtitle, in a form satisfactory to the Department; and

(ii) An affidavit made by the leasehold tenant, in the form adopted by the Department, certifying that:

1. The leasehold tenant has not received a bill for ground rent due or other communication from the ground lease holder regarding the ground rent during the 3 years immediately before the filing of the documentation required for the issuance of a redemption certificate under this subsection; or

2. The last payment for ground rent was made to the ground lease holder identified in the affidavit and sent to the same address where the notice required under subsection (b) of this section was sent.

(5) A leasehold tenant seeking to extinguish an irredeemable ground rent or to redeem a redeemable ground rent on abandoned or distressed property that was acquired or is being acquired by the Mayor and City Council of Baltimore shall provide to the Department:

(i) Payment of up to 3 years’ past due ground rent to the extent required under this section and § 8–806 of this subtitle, in a form satisfactory to the Department; and

(ii) An affidavit made by the Commissioner of the Baltimore City Department of Housing and Community Development or the Commissioner’s designee certifying that:

1. The property is abandoned property, as defined in § 21–17(a)(2) of the Public Local Laws of Baltimore City, or distressed property, as defined in § 21–17(a)(3) of the Public Local Laws of Baltimore City;

2. The property was acquired or is being acquired by the Mayor and City Council of Baltimore City; and

3. The existence of the ground rent is an impediment to redevelopment of the site.

(6) At any time, the leasehold tenant may submit to the Department notice that the leasehold tenant is no longer seeking redemption or extinguishment under this subsection.

(7) The Department shall issue to a leasehold tenant a ground rent redemption certificate or a ground rent extinguishment certificate, as appropriate, when:

(i) Notice that application has been made to redeem or extinguish the ground rent has been posted on the Department’s website for at least 90 days; and

(ii) The Department has received the documentation, fees, and, where applicable, the redemption amount and 3 years’ past due ground rent to the extent required under this section and § 8–806 of this subtitle.

(8) The redemption or extinguishment of the ground rent is effective to conclusively divest the ground lease holder of the reversion and vest the reversion in the leasehold tenant, and eliminate all right, title, or interest of the ground lease holder, any lien of a creditor of the ground lease holder, and any person claiming by, through, or under the ground lease holder when the leasehold tenant records the certificate in the land records of the county in which the property is located.

(9) The ground lease holder, any creditor of the ground lease holder, or any other person claiming by, through, or under the ground lease holder may file a claim with the Department in order to collect all, or any portion of, where applicable, the redemption amount and 3 years’ past due ground rent to the extent required under this section and § 8–806 of this subtitle, without interest, by providing to the Department:

(i) Documentation satisfactory to the Department of the claimant’s interest; and

(ii) Payment of a $20 fee, and any expediting fee required under § 1–203 of the Corporations and Associations Article.

(10) (i) A ground lease holder whose ground rent has been extinguished may file a claim with the Baltimore City Director of Finance to collect an amount equal to the annual ground rent reserved multiplied by 16.66, which is capitalization at 6 percent, by providing to the Director:

1. Proof of payment to the ground lease holder by the Department of past due ground rent under paragraph (9) of this subsection; and

2. Payment of a $20 fee.

(ii) A ground lease holder of abandoned or distressed property acquired by the Mayor and City Council of Baltimore City whose ground rent has been redeemed may file a claim with the Baltimore City Director of Finance to collect the redemption amount, by providing to the Director:

1. Proof of payment to the ground lease holder by the Department of past due ground rent under paragraph (9) of this subsection; and

2. Payment of a $20 fee.

(11) (i) In the event of a dispute regarding the extinguishment amount as calculated under paragraph (10)(i) of this subsection, the ground lease holder may refuse payment from the Baltimore City Director of Finance and file an appeal regarding the valuation in the Circuit Court of Baltimore City.

(ii) In an appeal, the ground lease holder is entitled to receive the fair market value of the ground lease holder’s interest in the property at the time of the extinguishment.

(12) In the event of a dispute regarding the payment by the Department to any person of all or any portion of the collected redemption amount and up to 3 years’ past due ground rent to the extent required by this section and § 8–806 of this subtitle, the Department may:

(i) File an interpleader action in the circuit court of the county where the property is located; or

(ii) Reimburse the ground lease holder from the fund established in § 1–203.3 of the Corporations and Associations Article.

(13) The Department is not liable for any sum received by the Department that exceeds the sum of:

(i) The redemption amount; and

(ii) Up to 3 years’ past due ground rent to the extent required by this section and § 8–806 of this subtitle.

(14) The Department shall credit all fees and funds collected under this subsection to the fund established under § 1–203.3 of the Corporations and Associations Article. Redemption and extinguishment amounts received shall be held in a ground rent redemption and ground rent extinguishment account in that fund.

(15) The Department shall maintain a list of properties for which ground rents have been redeemed or extinguished under this subsection.

(16) The Department shall adopt regulations to carry out the provisions of this subsection.

(17) Any redemption or extinguishment funds not collected by a ground lease holder under this subsection within 20 years after the date of the payment to the Department by the leasehold tenant shall escheat to the State. The Department shall annually transfer any funds that remain uncollected after 20 years to the State General Fund at the end of each fiscal year.
Md. Code, Election Law § 8-803 — MD Code / Article gel / Title 8 / Subtitle 8 / Section 8-803
§8–803.
Status: in_force

(a) Before certifying the name of a board of education candidate to appear on the ballot, the local board shall determine whether the candidate qualifies as provided under Title 3 of the Education Article and Title 5 of this article.

(b) Unless Title 3 of the Education Article requires a partisan election, an individual may not qualify as a board of education candidate or nominee by filing a petition or being nominated by a political party.
Md. Code, Real Property § 8-602 — MD Code / Article grp / Title 8 / Subtitle 6 / Section 8-602
§8–602.
Status: in_force

(a) A jury demand must be made by a separate written pleading. Except as provided in subsection (b) of this section, a jury demand under this subsection shall be filed with the court as provided in item (1) or (2) of this subsection or the right to trial by jury is waived:

(1) In nonresidential cases, within fifteen days of posting or personal service, or at the parties’ first scheduled appearance before the court, whichever occurs sooner; and

(2) In residential cases, at the parties’ first scheduled appearance before the court.

(b) The time for filing the jury demand may be extended by agreement of all parties and that extension shall not be later than the first scheduled appearance of the parties.
Md. Code, Estates and Trusts § 8-107 — MD Code / Article get / Title 8 / Subtitle 1 / Section 8-107
§8–107.
Status: in_force

(a) If a personal representative intends to disallow, in whole or in part, a claim that has been presented within the appropriate time and in the form prescribed in § 8–104(b) or (c) of this subtitle, the personal representative shall mail notice to each claimant stating:

(1) That the claim has been disallowed in whole or in a stated amount; or

(2) That the personal representative will petition the court to determine whether the claim should be allowed.

(b) (1) If the claim is disallowed in whole or in a stated amount, the claimant is forever barred to the extent of the disallowance unless the claimant files a petition for allowance in the court or commences an action against the personal representative or against one or more of the persons to whom property has been distributed.

(2) The action shall be commenced within 60 days after the mailing of notice by the personal representative.

(3) The notice shall warn the claimant concerning the time limitation.

(c) (1) If no action is taken by the personal representative disallowing a claim in whole or in part under subsection (a) of this section, on the petition of the personal representative or a claimant, the court shall allow or disallow in whole or in part a claim or claims presented to the personal representative or filed with the register in due time and not barred by subsection (a) of this section.

(2) Notice in this proceeding shall be given to the claimant, the personal representative, and interested persons as the court directs by order entered at the time the proceeding is commenced.

(d) A judgment in an action against a personal representative to enforce a claim against the estate of a decedent is an allowance of the claim.
Md. Code, Environment § 8-504 — MD Code / Article gen / Title 8 / Subtitle 5 / Section 8-504
§8–504.
Status: in_force

(a) (1) Except as otherwise provided, any notice, order, or other instrument issued by or under authority of the Department under this subtitle may be served in accordance with § 1–204 of this article.

(2) Proof of service may be made by the sworn statement or affidavit of the person who mailed the notice, order, or other instrument.

(3) The sworn statement or affidavit shall be filed with the Department.

(b) Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:

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

(2) The time set for the filing of the report, if any.
Md. Code, Tax - General § 8-412 — MD Code / Article gtg / Title 8 / Subtitle 4 / Section 8-412
§8–412.
Status: in_force

A public service company may claim a credit against the public service company franchise tax for neighborhood and community assistance as provided under § 6-404 of the Housing and Community Development Article.
Md. Code, Real Property § 8-201 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-201
§8–201.
Status: in_force

(a) This subtitle is applicable only to residential leases unless otherwise provided.

(b) This subtitle does not apply to a tenancy arising after the sale of owner-occupied residential property where the seller and purchaser agree that the seller may remain in possession of the property for a period of not more than 60 days after the settlement.
Md. Code, Corporations and Associations § 8-203 — MD Code / Article gca / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

(a) A real estate investment trust may provide by its declaration of trust:

(1) That any specified class of shares is preferred over another class as to its distributive share of the assets on voluntary or involuntary liquidation of the real estate investment trust and the amount of the preference;

(2) That any specified class of shares may be redeemed at the option of the real estate investment trust or of the holders of the shares and the terms and conditions of redemption, including the time and price of redemption;

(3) That any specified class of shares is convertible into shares of one or more other classes and the terms and conditions of conversion;

(4) That the holders of any specified securities issued or to be issued by the real estate investment trust have any voting or other rights which, by law, are or may be conferred on shareholders;

(5) That the holders of one or more classes or series of shares have exclusive voting rights on an amendment to the declaration of trust that would alter only the contract rights, as expressly set forth in the declaration of trust, of the specified class or series of shares;

(6) For any other preferences, rights, restrictions, including restrictions on transferability or ownership designed to permit the real estate investment trust to qualify under the Internal Revenue Code or regulations adopted under the Code or for any other purpose, and qualifications not inconsistent with law;

(7) That the board of trustees may classify or reclassify any unissued shares from time to time by setting or changing the preferences, conversion or other rights, voting powers, restrictions, limitations as to dividends or distributions, qualifications, or terms or conditions of redemption of the shares; and

(8) That the board of trustees may amend the declaration of trust to increase or decrease the aggregate number of shares or the number of shares of any class that the trust has authority to issue.

(b) If, under a power contained in the declaration of trust, the board of trustees classifies or reclassifies any unissued shares by setting or changing the preferences, conversion or other rights, voting powers, restrictions, limitations as to dividends or distributions, qualifications, or terms or conditions of redemption, the board, before issuing any of the shares, shall file articles supplementary for record with the Department which shall include:

(1) A description of the shares, including the preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends or distributions, qualifications, and terms and conditions of redemption, as set or changed by the board of trustees; and

(2) A statement that the shares have been classified or reclassified by the board of trustees under the authority contained in the declaration of trust.

(c) Notwithstanding subsection (b) of this section:

(1) The shares issued by a real estate investment trust before the time the articles supplementary with respect to the shares is effective shall cease to be voidable as a result of the failure to file articles supplementary at the time the amendment becomes effective; and

(2) A right or liability accrued by reason of the issuance of the shares before the time the articles supplementary become effective shall be extinguished at the time the articles supplementary become effective, except to the extent that the person having the right or liability has acted detrimentally in reliance on the right or liability solely by reason of the issuance of the stock.

(d) (1) In this subsection, “facts ascertainable outside the declaration of trust” includes:

(i) An action or determination by any person, including the real estate investment trust, the board of trustees of the real estate investment trust, an officer or agent of the real estate investment trust, or any other person affiliated with the real estate investment trust;

(ii) The contents of any agreement to which the real estate investment trust is a party or any other document; and

(iii) Any other event.

(2) Any of the preferences, conversion or other rights, voting powers, restrictions, limitations as to dividends or distributions, qualifications, or terms or conditions of redemption of any class or series of shares may be made dependent upon facts ascertainable outside the declaration of trust and may vary among holders of the shares, provided that the manner in which such facts or variations will operate upon the preferences, conversion or other rights, voting powers, restrictions, limitations as to dividends or distributions, qualifications, or terms or conditions of redemption of such class or series of shares is clearly and expressly set forth in the declaration of trust.

(e) If the real estate investment trust has authority to issue shares of more than one class, the certificate evidencing the shares shall contain on its face or back a full statement or summary of:

(1) The designations and any preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends or distributions, qualifications, and terms and conditions of redemption of the shares of each class which the real estate investment trust is authorized to issue; and

(2) If the real estate investment trust is authorized to issue any preferred or special class in series:

(i) The differences in the relative rights and preferences between the shares of each series to the extent they have been set; and

(ii) The authority of the board of trustees to set the relative rights and preferences of subsequent series.

(f) (1) A summary of the information required by subsection (e) of this section, as included in a registration statement permitted to become effective under the Federal Securities Act of 1933, is an acceptable summary for the purposes of this section.

(2) Instead of a full statement or summary, the certificate may state that the real estate investment trust will furnish a full statement of the information required by subsection (e) of this section to any holder of shares on request and without charge.

(g) Unless the declaration of trust provides otherwise, the trustees of a real estate investment trust may authorize the issue of some or all of the shares of any or all of its classes or series without certificates. The authorization does not affect shares already represented by certificates until they are surrendered to the real estate investment trust. For shares issued without certificates, on request of the shareholder, the real estate investment trust shall send without charge to the shareholder a written statement of the information required on certificates by subsection (e) or (f) of this section.

(h) Articles supplementary shall be executed in the manner required by Title 1 of this article.

(i) Except as provided in § 8–204 of the Commercial Law Article, the fact that a certificate does not contain or refer to a restriction on transferability or ownership that is adopted after the date of issuance of the certificate does not mean that the restriction is invalid or unenforceable.
Md. Code, Natural Resources § 8-716 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-716
§8–716.
Status: in_force

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

(2) “Commissioning procedures” means the initial outfitting of a vessel immediately after the purchase of the vessel, including the installation of rigging, electronic gear, propulsion machinery, generators, or other related gear.

(3) “Fair market value” means:

(i) As to the sale of any vessel by a licensed dealer or a dealer licensed by another state or a foreign country, the total purchase price, as certified by the dealer on a form acceptable to the Department, less the value of any vessel that is traded in as part of the consideration for the sale, which trade–in value may not exceed the value for the trade–in vessel as shown in a national publication of used vessel values adopted by the Department;

(ii) As to any other vessel that is sold by any person other than a licensed dealer, the greater of:

1. The total purchase price; or

2. $100; or

(iii) As to any other vessel that is sold by any person other than a licensed dealer, either:

1. The total purchase price, if verified by means of a certified bill of sale approved by the Department, in which the actual price paid for the vessel is stated; or

2. The valuation shown in a national publication of used vessel values adopted by the Department if a certified bill of sale does not accompany the application.

(4) “Sea trial” means a period of on–the–water operations, not to exceed 1 day, that is conducted:

(i) For the purpose of testing the effectiveness of specific maintenance, repairs, or commissioning procedures; or

(ii) For a vessel held for resale by a licensed dealer under this section.

(5) “Total purchase price” means the price of a vessel, including simultaneously purchased motors, spars, sails, and accessories exclusive of trailer, agreed on by the buyer and seller, with no deduction for trade–in or other nonmonetary consideration.

(6) “Used principally in this State” means that this State is the state of principal use as defined in § 8–701(p) of this subtitle, except that in calculating where the vessel is used or used most, a vessel is not considered to be in use for any period of time that it is held for maintenance, repair, or commissioning for 30 consecutive days or more.

(7) (i) “Vessel” has the meaning indicated in § 8–701(s) of this subtitle.

(ii) “Vessel” does not include a ship’s lifeboat, a vessel propelled only by sail, or vessel manually propelled.

(b) The Department shall charge a $20 fee to issue a certificate of title, a transfer of title, or a duplicate or corrected certificate of title.

(c) (1) Subject to the limitation under paragraph (3) of this subsection and except as provided in § 8–715(d) of this subtitle and in subsections (e) and (f) of this section, and in addition to the fees prescribed in subsection (b) of this section, an excise tax is levied at the rate of 5% of the fair market value of the vessel on:

(i) The issuance of every original certificate of title required for a vessel under this subtitle;

(ii) The issuance of every subsequent certificate of title for the sale, resale, or transfer of the vessel;

(iii) The sale within the State of every other vessel; and

(iv) The possession within the State of a vessel used or to be used principally in the State.

(2) (i) Notwithstanding the provisions of this subsection, no tax is paid on issuance of any certificate of title if the owner of the vessel for which a certificate of title is sought was the owner of the vessel before June 1, 1965, or paid Maryland sales and use tax on the vessel as required by law at the time of acquisition.

(ii) The Department may require the applicant for titling to submit satisfactory proof that the applicant owned the vessel before June 1, 1965.

(3) (i) Subject to subparagraph (ii) of this paragraph, the excise tax imposed under this subsection may not exceed $15,000 for any vessel.

(ii) The maximum amount of the excise tax imposed for any vessel as specified in subparagraph (i) of this paragraph shall be increased by $100 on:

1. July 1, 2016; and

2. July 1 of each subsequent year.

(d) If the tax is not collected by a licensed dealer pursuant to § 8–716.1 of this subtitle, the owner, whether or not applying for the issuance of a title, shall remit the tax directly to the Department within 30 days of the date of sale or, in the case of a vessel purchased outside the State, within 30 days of the date upon which the possession within the State became subject to the tax.

(e) A person is not required to pay the tax provided for in subsection (c) of this section resulting from:

(1) A transfer between members of the immediate family as determined by Department regulations;

(2) A transfer between members of the immediate family as determined by Department regulations of a documented vessel for which the transferor applied for and was issued a valid use sticker under § 8–712.1 of this subtitle;

(3) A transfer to a licensed dealer of a vessel for resale, rental, or leasing purposes;

(4) The holding of a vessel that is titled or numbered in another state or is federally documented, provided:

(i) The vessel is held for resale or listed for resale by a licensed dealer; and

(ii) The vessel owner signs an affidavit that there will be no use of the vessel on the waters of the State other than for a sea trial;

(5) Purchase of a vessel by the State or any political subdivision;

(6) Purchase of a vessel by an eleemosynary organization which the Secretary has approved;

(7) The purchase within the State of a vessel if the owner paid or incurred a liability for the Maryland sales and use tax on the vessel prior to July 1, 1986;

(8) The possession within the State of a vessel which was purchased outside the State if the owner paid or incurred a liability for the Maryland use tax on the vessel prior to July 1, 1986;

(9) The possession of a vessel in the State that is not used or to be used principally on the waters of the State and for which the issuance of a title is not sought or required under this subtitle, except that:

(i) A vessel is not deemed used on the waters of the State if the vessel is used for 90 days or less of a calendar year; and

(ii) If a vessel is used for more days than 90 days in a calendar year, the period of 90 days shall be counted in the determination of principal use under this subtitle;

(10) The possession within the State of a vessel if the current owner, before July 1, 1986:

(i) 1. Was licensed by the Department to catch, for commercial purposes, finfish, eels, crabs, conch, soft–shell clams, hard–shell clams, oysters, or any other fish; and

2. Used the vessel for any of the commercial fishing purposes described in item 1 of this item; or

(ii) 1. Was licensed as a commercial fishing guide under the provisions of § 4–210 of this article; and

2. Used the vessel as a charter boat with a license as provided in § 4–745(d)(2) of this article;

(11) The possession within the State of a vessel that:

(i) Is owned by a nonprofit organization that:

1. Is qualified as tax exempt under § 501(c)(4) of the Internal Revenue Code; and

2. Is engaged in providing a program to render its best efforts to contain, clean up, and otherwise mitigate spills of oil or other substances occurring in United States coastal and tidal waters; and

(ii) Is used for the purposes of the organization;

(12) The possession within the State of a vessel for a period of not more than one year if the current owner is a member of the armed services and is serving on active duty in this State; or

(13) The sale of a vessel within the State if:

(i) The vessel is purchased from a licensed dealer;

(ii) The issuance of a title is not sought or required;

(iii) The vessel is not used or to be used principally on the waters of this State;

(iv) The vessel is duly registered in another jurisdiction within 30 days of the date of purchase; and

(v) The dealer and the purchaser execute an agreement certifying the state of principal use for the vessel which is filed with the Department within 30 days of the date of purchase.

(f) (1) This subsection applies to possession within the State of a vessel if:

(i) The vessel was formerly:

1. Titled or numbered in another jurisdiction; or

2. Federally documented and principally used in another jurisdiction;

(ii) The present owner has paid a sales or excise tax on the vessel to the other jurisdiction; and

(iii) The jurisdiction to which the tax was paid would allow an exemption or credit under its sales or excise tax for excise tax on a vessel formerly paid to the State.

(2) For a vessel described in paragraph (1) of this subsection:

(i) If the rate of the tax paid to the other jurisdiction is not less than the rate under subsection (c) of this section, the tax imposed under subsection (c) of this section does not apply to possession of the vessel within the State;

(ii) If the rate of the tax paid to the other jurisdiction is less than the rate under subsection (c) of this section, the rate of the tax imposed under subsection (c) of this section on possession of the vessel within the State is the difference between the tax rate paid to the other jurisdiction and the rate under subsection (c) of this section; and

(iii) The Department may require the taxpayer to submit satisfactory proof of the payment of a tax to another jurisdiction and the rate of tax paid and, where applicable, evidence of principal use of a federally documented vessel in another jurisdiction.

(3) This subsection is applicable to any vessel incurring a liability for Maryland boat excise tax on or after July 1, 1986.

(g) (1) A person may claim a credit against any tax imposed under subsection (c) of this section on a vessel for sales tax the person has paid to the State, to another state, or to the District of Columbia on materials and equipment that are incorporated into the vessel, if:

(i) 1. The person is licensed by the Department to catch, for commercial purposes, finfish, eels, crabs, conch, soft–shell clams, hard–shell clams, oysters, or any other fish; and

2. The vessel is to be used for any of the commercial fishing purposes described in item 1 of this item; or

(ii) 1. Was licensed as a commercial fishing guide under the provisions of § 4–210 of this article; and

2. Used the vessel as a charter boat with a license as provided in § 4–745(d)(2) of this article.

(2) The Department may require a person claiming the credit allowed under this subsection to submit satisfactory proof of payment of the sales tax and that the materials or equipment have been incorporated into the vessel.

(h) If the Department determines there has been an overpayment of the tax on a vessel, or an overpayment has resulted for any other reason, the Department may submit the overpayment and supporting data whether accompanied by a written claim or not to the State Comptroller for refund to the appropriate person.

(i) (1) For purposes of subsection (a)(6) of this section, a vessel is deemed to be held for maintenance, repair, or commissioning if:

(i) The maintenance, repair, or commissioning work is provided in exchange for compensation;

(ii) The maintenance, repair, or commissioning work is performed pursuant to a schedule preestablished with one or more marine contractors; and

(iii) The total cost of the maintenance, repair, or commissioning work is at least two times the reasonable current market cost of docking or storing the vessel.

(2) Time spent conducting sea trials shall be included when calculating the period of time a vessel is held for maintenance, repair, or commissioning under subsection (a)(6) of this section.
Md. Code, Agriculture § 8-803.9 — MD Code / Article gag / Title 8 / Subtitle 8 / Section 8-803.9
§8–803.
Status: in_force

§8–803.9.

The Department may adopt regulations for agricultural research, education, and demonstration exemptions to this subtitle.
Md. Code, Education § 8-405 — MD Code / Article ged / Title 8 / Subtitle 4 / Section 8-405
§8–405.
Status: in_force

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

(2) “Accessible copy” includes a copy of a document provided to an individual in a format as defined in § 8–408 of this subtitle.

(3) “Extenuating circumstance” means:

(i) A death in the family;

(ii) A personal emergency;

(iii) A natural disaster; or

(iv) Any other similar situation defined by the Department.

(4) “Individualized education program” and “individualized family service plan” have the same meaning as provided in the federal Individuals with Disabilities Education Act.

(b) (1) When a team of qualified professionals and the parents meet for the purpose of discussing the identification, evaluation, educational program, or the provision of a free appropriate public education of a child with a disability:

(i) The parents of the child shall be afforded the opportunity to participate and shall be provided reasonable notice in advance of the meeting; and

(ii) Reasonable notice shall be at least 10 calendar days in advance of the meeting, unless an expedited meeting is being conducted to:

1. Address disciplinary issues;

2. Determine the placement of the child with a disability not currently receiving educational services; or

3. Meet other urgent needs of a child with a disability to ensure the provision of a free appropriate public education.

(2) (i) 1. At the initial evaluation meeting, the parents of the child shall be provided:

A. In plain language, an oral and written explanation of the parents’ rights and responsibilities in the individualized education program process and a program procedural safeguards notice;

B. Written information that the parents may use to contact early intervention and special education family support services staff members within the local school system and a brief description of the services provided by the staff members;

C. Written information on the Special Education Ombudsman and toll–free telephone number established under Title 6, Subtitle 5 of the State Government Article;

D. Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle; and

E. Written informational materials regarding the Maryland ABLE Program provided under § 18–19C–03(a)(2) of this article.

2. At least one time each year at an individualized education program or individualized family service plan team meeting, the parents of the child shall be provided with the written informational materials described under subsubparagraph 1E of this subparagraph.

3. If a parent’s native language is not English, the information in subsubparagraph 1B, C, D, and E of this subparagraph shall be provided to the parent in the parent’s native language.

(ii) The parents may request the information provided under subparagraph (i) of this paragraph at any subsequent meeting.

(iii) If a child who has an individualized education program developed in another school system moves into a different local school system, that local school system shall provide the information required under subparagraph (i)1B, C, D, and E of this paragraph at the time of the first written communication with the parents regarding the child’s individualized education program or special education services.

(iv) A local school system shall publish information that a parent may use to contact early intervention and special education family support services staff members within the local school system and a brief description of the services provided by the staff members in a prominent place on the section of its website relating to special education services.

(3) Failure to provide the information required under paragraph (2)(i)1B, C, D, and E of this subsection does not constitute grounds for a due process complaint under § 8–413 of this subtitle.

(4) (i) A parent may request an independent educational evaluation at public expense in accordance with regulations adopted by the Department if:

1. The parent disagrees with the educational evaluation of the student that was conducted by the local school system; or

2. The parent submits to the local school system a written request for an educational evaluation conducted by the local school system and the local school system:

A. Does not respond to the request within 30 days as required under subparagraph (ii) of this paragraph; or

B. Approves the request but the educational evaluation meeting does not occur, through no fault of the parent, within:

I. 60 days after the date on which the request was received by the local school system; or

II. If the State is under a state of emergency proclaimed by the Governor, 90 days after the date on which the request was received by the local school system.

(ii) The local school system shall provide a written response approving or denying a request within 30 days of the date the request was made.

(iii) If the local school system approves a request, the written response shall advise the parent of the process for arranging the evaluation at public expense.

(iv) If the local school system denies a request, the local school system shall file a due process complaint under § 8–413 of this subtitle within 30 days of the date of the denial.

(5) (i) If, during an individualized education program team meeting, a parent disagrees with the child’s individualized education program or the special education services provided to the child, the individualized education program team shall provide the parent with, in plain language:

1. An oral and a written explanation of the parent’s right to request mediation in accordance with § 8–413 of this subtitle;

2. Contact information, including a telephone number that a parent may use to receive more information about the mediation process;

3. Information regarding pro bono representation and other free or low–cost legal and related services available in the area; and

4. Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.

(ii) A parent may request the information provided under subparagraph (i) of this paragraph at any individualized education program team meeting.

(6) (i) If the native language spoken by a parent who requests information under paragraph (5) of this subsection is spoken by more than 1% of the student population in the local school system, the parent may request that the information be translated into the parent’s native language.

(ii) If a parent makes a request under subparagraph (i) of this paragraph, the individualized education program team shall provide the parent with the translated document within 30 days after the date of the request.

(c) The individualized education program team shall determine, on at least an annual basis, whether the child requires extended year services in order to ensure that the child is not deprived of a free appropriate public education by virtue of the normal break in the regular school year.

(d) (1) In this subsection, “emergency conditions” means a period of time of 10 school days or longer, during which:

(i) A child with a disability cannot be provided with an individualized education program or special education services at school; and

(ii) The school is providing instruction in some form to its students.

(2) (i) Beginning October 1, 2021, an individualized education program shall include a learning continuity plan to implement during emergency conditions in order to ensure that the individualized education program is proceeding appropriately despite the emergency conditions.

(ii) A learning continuity plan required under subparagraph (i) of this paragraph shall be developed by an individualized education program team at the time of:

1. The development of a student’s initial individualized education program; or

2. The next scheduled revision of a student’s individualized education program.

(3) (i) Within 10 days of an individualized education program team determining that emergency conditions exist, the team shall make a reasonable attempt to notify the parent or guardian of a child who requires an individualized education program that a learning continuity plan is in place.

(ii) In contacting a parent or guardian under this paragraph, the individualized education program team shall seek input from the parent or guardian on how the learning continuity plan will best operate during emergency conditions.

(4) Notwithstanding any other provision of law, the provision of services under a learning continuity plan during emergency conditions does not alter the child’s educational placement for purposes of a due process complaint brought under § 8–413 of this subtitle.

(5) An individualized education program team shall periodically update the emergency learning continuity plan.

(e) (1) (i) Except as provided in paragraph (2) of this subsection, and subject to subparagraphs (ii) and (iii) of this paragraph, at least 5 business days before a scheduled meeting of the individualized education program team or other multidisciplinary education team for any purpose for a child with a disability, appropriate school personnel shall provide the parents of the child with:

1. An accessible copy of each assessment, report, data chart, draft individualized education program, or other document that either team plans to discuss at the meeting;

2. Notification of the right of the parent to be accompanied to the meeting by any individual who has knowledge or expertise regarding the student; and

3. Written information about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.

(ii) Subject to subparagraph (i) of this paragraph, an assessment, report, data chart, or other document prepared by a school psychologist or other medical professional that either team plans to discuss at the meeting may be provided to the parents of the child orally and in writing prior to the meeting.

(iii) The parents of a child may notify appropriate school personnel that they do not want to receive the documents required to be provided under subparagraph (i) of this paragraph.

(2) (i) Subject to subparagraph (ii) of this paragraph, appropriate school personnel are not required to comply with paragraph (1) of this subsection in the event of an extenuating circumstance.

(ii) In the event of an extenuating circumstance, appropriate school personnel who fail to comply with paragraph (1) of this subsection shall document the extenuating circumstance and communicate that information to the parents of the child.

(f) (1) Not later than 5 business days after a scheduled meeting of the individualized education program team or other multidisciplinary team for a child with a disability, appropriate school personnel shall provide the parents of the child with a copy of the completed individualized education program.

(2) If the individualized education program has not been completed by the 5th business day after the meeting, the parents shall be provided with the draft copy of the individualized education program.

(3) The completed or draft individualized education program shall be provided to the parents in an accessible format.

(4) (i) If the native language spoken by the parents of a child with a completed individualized education program or a completed individualized family service plan is spoken by more than 1 percent of the student population in the local school system, the parents may request the document to be translated into the parents’ native language.

(ii) If a parent makes a request under subparagraph (i) of this paragraph, appropriate school personnel shall provide the parents with the translated document within 30 days after the date of the request.

(g) (1) Except as provided in paragraph (2) of this subsection, an individualized education program team shall obtain written consent from a parent if the team proposes to:

(i) Enroll the child in an alternative education program that does not issue or provide credits toward a Maryland high school diploma;

(ii) Identify the child for the alternative education assessment aligned with the State’s alternative curriculum; or

(iii) Include restraint or seclusion in the individualized education program to address the child’s behavior as described in COMAR 13A.08.04.05.

(2) If the parent does not provide written consent to an action proposed in paragraph (1) of this subsection at the individualized education program team meeting, the individualized education program team shall send the parent written notice no later than 5 business days after the individualized education program team meeting that informs the parent that:

(i) The parent has the right to either consent to or refuse to consent to an action proposed under paragraph (1) of this subsection; and

(ii) If the parent does not provide written consent or a written refusal to consent to an action proposed under paragraph (1) of this subsection within 15 business days of the individualized education program team meeting, the individualized education program team may implement the proposed action.

(3) If the parent refuses to consent to the action proposed, the individualized education program team may use the dispute resolution options listed in § 8–413 of this subtitle to resolve the matter.

(h) To fulfill the purposes of this section, school personnel may provide the documents required under this section through:

(1) Electronic delivery;

(2) Home delivery with the student; or

(3) Any other reasonable and legal method of delivery.

(i) Failure to comply with this section does not constitute a substantive violation of the requirement to provide a student with a free appropriate public education.

(j) The Department shall adopt:

(1) Regulations that define what information should be provided in the verbal and written explanations of the parents’ rights and responsibilities in the individualized education program process; and

(2) Any other regulations necessary to carry out subsection (b)(2) and (4) of this section.
Md. Code, Human Services § 8-1310 — MD Code / Article ghu / Title 8 / Subtitle 13 / Section 8-1310
§8–1310.
Status: in_force

(a) In this section, “formal training” means a didactic course or curriculum in trauma–informed care that is:

(1) developed by the U.S. Department of Health and Human Services or the Maryland Department of Health; and

(2) provided by the Maryland Department of Health or its designee in collaboration with the Commission.

(b) Each Commission member shall participate in at least one formal training each year.

(c) (1) Each agency head shall designate two staff members to:

(i) participate in at least one formal training each year;

(ii) collaborate with other agency designees in work sessions and other informal trainings as organized by the Maryland Department of Health;

(iii) serve as the principal advisors to the agency director and agency staff in trauma–responsiveness and trauma–informed care;

(iv) assess the agency for training and technical assistance needs related to trauma–responsiveness and trauma–informed care; and

(v) review and make appropriate recommendations to the agency director to align agency policies and practices with a trauma–informed approach.

(2) In the event of a vacancy in the position of one or both of the staff members designated under paragraph (1) of this subsection, the agency director shall, within 30 days of the vacancy, designate another staff member to carry out the duties of the staff member described in paragraph (1) of this subsection.

(d) The Maryland Department of Health shall provide technical advisory support to designated agency staff to assist the staff in performing the duties described in subsection (c)(1) of this section.

(e) On or before March 31 each year, each agency director shall submit to the Commission a progress report detailing the agency’s progress and compliance with subsection (c) of this section.
Md. Code, Real Property § 8-213 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-213
§8–213.
Status: in_force

(a) An application for a lease shall contain a statement which explains:

(1) The liabilities which the tenant incurs upon signing the application; and

(2) The provisions of subsections (b) and (c) of this section.

(b) (1) (i) If a landlord requires from a prospective tenant any fees other than a security deposit as defined by § 8-203(a) of this subtitle, and these fees exceed $25, then the landlord shall return the fees, subject to the exceptions below, or be liable for twice the amount of the fees in damages.

(ii) The return shall be made not later than 15 days following the date of occupancy or the written communication, by either party to the other, of a decision that no tenancy shall occur.

(2) The landlord may retain only that portion of the fees actually expended for a credit check or other expenses arising out of the application, and shall return that portion of the fees not actually expended on behalf of the tenant making application.

(c) This section does not apply to any landlord who offers four or less dwelling units for rent on one parcel of property or at one location, or to seasonal or condominium rentals.
Md. Code, Natural Resources § 8-1915 — MD Code / Article gnr / Title 8 / Subtitle 19 / Section 8-1915
§8–1915.
Status: in_force

(a) (1) The purpose of the Corps Board is to advise the Trust in the development and implementation of the Corps Program.

(2) The Corps Board consists of the following members:

(i) One member of the Senate of Maryland, appointed by the President of the Senate;

(ii) One member of the House of Delegates, appointed by the Speaker of the House;

(iii) One member appointed by the Chancellor of the University System of Maryland with the advice and consent of the Senate, to serve as a liaison between the Corps Board, the Chancellor, and the Board of Regents;

(iv) One member appointed by the President of Morgan State University, to serve as a liaison between the Corps Board, the President, and the Board of Regents;

(v) Three members of the Board of Trustees of the Chesapeake Bay Trust, appointed by the Chair of the Board; and

(vi) Five members appointed by the Governor with the advice and consent of the Senate, including at least one individual from the nonprofit sector with a background in education and student service and one with a background in workforce development.

(3) If a regulated lobbyist is appointed to serve as a member of the Corps Board, the lobbyist is not subject to:

(i) § 5–504(d) of the General Provisions Article; or

(ii) § 5–704(f)(3) of the General Provisions Article as a result of that service.

(b) A member of the Corps Board shall reside in the State.

(c) In making appointments to the Corps Board, the Governor shall consider:

(1) Diversity; and

(2) All geographic regions of the State.

(d) A member of the Corps Board:

(1) May not receive compensation as a member of the Corps Board; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(e) (1) The term of a member is 4 years.

(2) The terms of the members are staggered as required by the terms provided for members on July 1, 2010.

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

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

(f) The appointing authority may remove a member for incompetence, misconduct, or failure to perform the duties of the position.

(g) (1) The Corps Board shall determine the times and places of its meetings.

(2) The Corps Board may act with an affirmative vote of six members.
Md. Code, Family Law § 8-206 — MD Code / Article gfl / Title 8 / Subtitle 2 / Section 8-206
§8–206.
Status: in_force

The court shall exercise its powers under §§ 8-207 through 8-213 of this subtitle:

(1) to enable any child of the family to continue to live in the environment and community that are familiar to the child; and

(2) to provide for the continued occupancy of the family home and possession and use of family use personal property by a party with custody of a child who has a need to live in that home.
Md. Code, Insurance § 8-204 — MD Code / Article gin / Title 8 / Subtitle 2 / Section 8-204
§8–204.
Status: in_force

The Commissioner shall issue a certificate of qualification to each applicant who meets the requirements of this subtitle.
Md. Code, Insurance § 8-306 — MD Code / Article gin / Title 8 / Subtitle 3 / Section 8-306
§8–306.
Status: in_force

(a) The bond required for an administrator under this subtitle must:

(1) provide protection to the plans or the life insurer, for which the administrator acts as an administrator, against loss because of acts of fraud or dishonesty on the part of the administrator, directly or through connivance with others; and

(2) be issued by an authorized corporate surety insurer that is an acceptable surety on federal bonds under authority granted by the Secretary of the Treasury.

(b) (1) Subject to this section, the amount of the bond shall be determined at the time an application for registration or renewal of registration is filed.

(2) To determine the amount of the bond:

(i) the average amount of money that the administrator and any predecessor of the administrator handled at any one time during the immediately preceding calendar year shall be considered; and

(ii) the average amount of money that the administrator expects to handle at any one time during the current calendar year shall be considered.

(3) The amount of the bond:

(i) may not be less than 10% of the average amount of money that the administrator expects to handle at any one time for the life insurer or all the plans that the administrator expects to administer during the coming year; and

(ii) subject to paragraph (4) of this subsection, may not be less than $5,000 or more than $500,000.

(4) After a hearing held under Title 2 of this article, the Commissioner may set the amount of the bond to exceed $500,000, up to 10% of the average amount of money that the administrator expects to handle at any one time for all the plans that the administrator expects to administer during the coming year.

(c) Subject to approval by the Commissioner, the bond may be an individual bond or a blanket bond that covers a group or class.

(d) (1) An applicant need not file evidence of a bond as a condition of registration or renewal of registration if:

(i) the applicant only administers plans under which benefits are paid only from the general assets of an employee organization or of an employer; or

(ii) the applicant:

1. is a corporation organized and doing business under the laws of the United States or a state;

2. is authorized under the laws of the United States or a state to exercise trust powers or to engage in business as an insurer;

3. is subject to supervision or examination by a federal or State authority; and

4. at all times has a combined capital and surplus that exceeds $1,000,000 or any greater amount set by regulation of the Commissioner.

(2) The Commissioner may waive the requirement for an applicant to file evidence of a bond as a condition of registration or renewal of registration if the Commissioner finds that:

(i) other arrangements, including providing letters of credit or similar instruments, would be adequate to protect the interests of plan participants and beneficiaries; or

(ii) the overall financial condition of the applicant would be adequate to protect the interests of plan participants and beneficiaries.

(e) Notwithstanding any other provision of the Code, an applicant that complies with this section and is registered as an administrator under this subtitle is not subject to any other bonding requirement imposed by the law of the State for the same activities that required the applicant to be registered and bonded under this subtitle.
Md. Code, Correctional Services § 8-109 — MD Code / Article gcs / Title 8 / Subtitle 1 / Section 8-109
§8–109.
Status: in_force

(a) A majority of the authorized membership of the Commission is a quorum.

(b) The Commission shall meet at the times determined by the Commission or its chairperson.

(c) A member of the Commission:

(1) may not receive compensation for service on the Commission; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Health Occupations § 8-708 — MD Code / Article gho / Title 8 / Subtitle 7 / Section 8-708
§8–708.
Status: in_force

(a) An action may be maintained in the name of the State or the Board to enjoin conduct:

(1) Prohibited under §§ 8–701 through 8–706 of this subtitle; or

(2) That is grounds for disciplinary action under § 8–316, § 8–6A–10, § 8–6B–18, or § 8–6D–10 of this title.

(b) An action under this section may be brought by:

(1) The Board, in its own name;

(2) The Attorney General, in the name of the State; or

(3) A State’s Attorney, in the name of the State.

(c) An action under this section shall be brought in the county where the defendant:

(1) Resides; or

(2) Engaged in the acts sought to be enjoined.
Md. Code, Transportation § 8-904 — MD Code / Article gtr / Title 8 / Subtitle 9 / Section 8-904
§8–904.
Status: in_force

Funds for the Program shall be as provided by the Governor in the State budget.
Md. Code, Tax - General § 8-209 — MD Code / Article gtg / Title 8 / Subtitle 2 / Section 8-209
§8–209.
Status: in_force

(a) Each financial institution existing or doing business in the State during any part of the fiscal year of the financial institution shall complete, under oath, and file with the Department a financial institution franchise tax return on or before the 15th day of the 3rd month after the end of that fiscal year.

(b) (1) Each financial institution that reasonably expects its financial institution franchise tax for a year to exceed $1,000 shall complete, under oath, and file with the Department a declaration of estimated tax, on or before the 15th day of the 4th month of the accounting period used as the fiscal year of the financial institution.

(2) A financial institution required under paragraph (1) of this subsection to file a declaration of estimated tax for a taxable year shall complete and file with the Department a quarterly estimated tax return on or before the 15th day of the 6th, 9th, and 12th months of that year.

(c) To properly identify persons listed in a return or document, a person shall include in a return or document the Social Security or other identifying number that the Department requires.
Md. Code, Transportation § 8-609 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-609
§8–609.
Status: in_force

(a) The Secretary shall implement a program to control the spread of phragmites, where appropriate:

(1) Along the rights–of–way of the State highway system; and

(2) On other lands that the Department owns or controls.

(b) The Department shall study and analyze the progress made in the control in the spread of phragmites on lands that the Department owns or controls.

(c) By December 1, 1994, and on request of the committees thereafter, the Department shall submit a report under subsections (a) and (b) of this section on the management and control of the spread of phragmites to:

(1) The Environment and Transportation Committee of the House of Delegates of Maryland; and

(2) The Education, Health, and Environmental Affairs Committee of the Senate of Maryland.
Md. Code, Agriculture § 8-401 — MD Code / Article gag / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

(a) Any district or districts continued in accordance with the provisions of this title may be divided or combined, or divided and combined with any other district or districts. At least 25 land occupiers of any district affected by a proposed division or combination, or both, shall sign and file with the Committee a petition requesting that any district and its operations be divided or combined, or both, in the manner requested. The Committee shall prescribe the form of the petition.

(b) The Committee may conduct public meetings and public hearings on the petition as necessary to assist it in the consideration of the petition. The Committee may define in more detail the boundaries outlined in the petition for any district proposed to result from the division or combination, or both.

(c) Within 60 days after the petition has been filed with the Committee, the Committee shall give due notice of the holding of a referendum, supervise and conduct the referendum, and issue appropriate rules and regulations governing its conduct. Only land occupiers within any district to be affected may vote. The Committee shall make provision on the referendum for each land occupier to vote (1) on whether he approves of any proposed division of the district in which his land is located, and (2) on whether he approves of the proposed new district in which his land will be located under any proposed combination.

(d) No informality in the conduct of the referendum or in any matter relating to it invalidates the referendum or its results, if notice has been given substantially in accordance with this section and the referendum has been fairly conducted.

(e) The Committee shall publish the results of the referendum and then shall determine whether the requested division or combination, or both, is administratively feasible. In making this determination the Committee shall give due regard and weight to the following factors:

(1) The attitudes of land occupiers within the defined boundaries of the districts to be affected;

(2) The number of land occupiers who voted in the referendum;

(3) The proportion of the votes cast in the referendum in favor of the division or combination, or both, of any district to the total number of votes cast;

(4) The approximate wealth and income of the land occupiers of the proposed new district;

(5) The probable expense of carrying on erosion control operations within any district; and

(6) Other economic and social factors relevant to the determination, having due regard to the legislative determinations set forth in § 8–102 of this title. However, no district or districts may be divided or combined, or both, if a majority of land occupiers vote against either the particular division or combination which is submitted to their vote.

(f) If the Committee determines that the division or combination, or both, is not administratively feasible, it shall record the determination and deny the petition. If the Committee determines that the division or combination, or both, is administratively feasible, it shall record the determination and proceed with the division or combination, or both.
Md. Code, Correctional Services § 8-108 — MD Code / Article gcs / Title 8 / Subtitle 1 / Section 8-108
§8–108.
Status: in_force

The Commission shall elect annually a chairperson and vice chairperson from among its members.
Md. Code, Labor and Employment § 8-609 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-609
§8–609.
Status: in_force

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

(2) “Employer industry category” means the 6–digit North American Industry Classification System promulgated by the Federal Office of Management and Budget.

(3) “New employer” means an employing unit that does not qualify for an earned rate under § 8–610 of this subtitle.

(b) Subject to § 8–605.1(b) of this subtitle, a new employer shall pay contributions at a rate that does not exceed 2.6% of the taxable wage base, and that is the highest of:

(1) 1% of the taxable wage base;

(2) the 5–year benefit cost rate of the State as computed under subsection (c) of this section; or

(3) the contribution rate under § 8–612 of this subtitle that applies to an employing unit with a benefit ratio of 0.000.

(c) Annually, the Secretary shall compute the 5–year benefit cost rate of the State by dividing the sum of regular benefits, work sharing benefits, and 50% of extended benefits that the State paid during the 5 consecutive calendar years immediately preceding the computation date by the total amount of wages that employing units in the State paid during the same period that were subject to contributions.

(d) (1) In this subsection, “foreign contractor” means a person:

(i) who, for a commission or fixed price bids on, accepts, or offers to accept orders or contracts for performing or superintending construction, removal, repair, or improvement of any building or structure that is permanently annexed to real property that is owned, controlled, or leased by another person; and

(ii) all or a majority part of whose primary operations traditionally have been and continue to be based or headquartered in another state and are not controlled or directed from this State.

(2) The contribution rate for a new employer who is a foreign contractor shall be the average of the rates for employers in the State in the same employer industry category as the foreign contractor, except that the rate may not be lower than the new employer rate in effect for that year.
Md. Code, Natural Resources § 8-1914 — MD Code / Article gnr / Title 8 / Subtitle 19 / Section 8-1914
§8–1914.
Status: in_force

(a) There is a Thomas V. Mike Miller, Jr., Chesapeake Conservation and Climate Corps Program administered by the Trust, in consultation with the Corps Board.

(b) The purpose of the Corps Program is to:

(1) Promote, preserve, protect, and sustain the environment;

(2) Provide young adults with opportunities to become better citizens, students, and workers through meaningful service to their communities and the State;

(3) Mobilize, educate, and train youth and young adults to work with communities and schools to promote energy conservation and mitigate and prevent threats to the environment;

(4) Mobilize, educate, and train youth and young adults to deploy clean energy technology and mitigate and prevent the environmental and health impacts of climate impacts in communities disproportionately affected by climate impacts;

(5) Ensure underserved and geographical climate disparities populations are given assistance needed to prepare for and adapt to climate impacts;

(6) Provide a green career ladder and opportunities for all youth and young adults, especially those most at risk, to be exposed to and trained in the energy efficiency, environmental protection, governmental and regulatory administration, and renewable energy generation sectors;

(7) Educate and train communities and individuals for the long–term action needed to continue to promote, preserve, protect, and sustain the environment after a Corps project has been completed;

(8) Act as a coordinator and facilitator of efforts to foster public–private partnerships in developing “green collar” job opportunities and in enhancing and expanding the workforce available for environmental protection and clean energy industries; and

(9) Channel available public and private resources to the protection, conservation, and preservation of the environment of the State.
Md. Code, Business Regulation § 8-609 — MD Code / Article gbr / Title 8 / Subtitle 6 / Section 8-609
§8–609.
Status: in_force

A person may not prepare, arrange, accept, or participate in arranging a mortgage, promissory note, or other evidence of debt for performing or selling a home improvement with knowledge that the evidence of debt states a greater monetary obligation than the consideration, including a time sale price, for the home improvement.
Md. Code, Insurance § 8-321.1 — MD Code / Article gin / Title 8 / Subtitle 3 / Section 8-321.1
§8–321.
Status: in_force

§8–321.1.

A third party administrator shall comply with § 27–803 of this article.
Md. Code, Family Law § 8-207 — MD Code / Article gfl / Title 8 / Subtitle 2 / Section 8-207
§8–207.
Status: in_force

(a) In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property:

(1) before the court grants an annulment or a limited or absolute divorce; or

(2) when the court grants an annulment or a limited or absolute divorce.

(b) A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.

(c) If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.
Md. Code, Insurance § 8-438 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-438
§8–438.
Status: in_force

(a) A society may consolidate or merge with another society as provided in this section.

(b) The society shall file with the Commissioner:

(1) a certified copy of the written contract that contains the terms and conditions of the consolidation or merger;

(2) a statement verified under oath by the president and secretary or equivalent officers of each society party to the contract that shows the financial condition of the society on a date set by the Commissioner, but not before December 31 preceding the date of the contract;

(3) a certificate verified under oath by the officers described in item (2) of this subsection that states that the consolidation or merger was approved by a two-thirds vote of the supreme legislative or governing body of each society; and

(4) evidence that, at least 60 days before the approval of the supreme legislative or governing body of each society, the text of the contract was mailed to each member of each society or was published in full in the official publication of that society.

(c) The affidavit of an officer of the society or an individual authorized by the society to mail a notice or document, stating that the text of the contract was properly addressed and mailed, is prima facie evidence that the text was provided to the addressee.

(d) The Commissioner shall approve the contract and issue a certificate of approval if the Commissioner finds that:

(1) the society has complied with the provisions of this section;

(2) the financial statements are correct; and

(3) the consolidation or merger is equitable to the members of each society party to the contract.

(e) (1) Unless a society party to the contract is incorporated under the laws of another state, the contract is effective on approval.

(2) If a society party to the contract is incorporated under the laws of another state, the consolidation or merger is not effective:

(i) until it is approved under the laws of the other state and a certificate of the approval is filed with the Commissioner; or

(ii) if the laws of the other state do not provide for approval, until it is approved by the insurance supervisory official of the other state and a certificate of the approval is filed with the Commissioner.
Md. Code, Tax - General § 8-215 — MD Code / Article gtg / Title 8 / Subtitle 2 / Section 8-215
§8–215.
Status: in_force

A financial institution may claim a credit against the financial institution franchise tax for neighborhood and community assistance contributions as provided under § 6-404 of the Housing and Community Development Article.
Md. Code, Business Occupations and Professions § 8-305 — MD Code / Article gbo / Title 8 / Subtitle 3 / Section 8-305
§8–305.
Status: in_force

On payment of the certificate fee set by the Board, the Board shall issue a certificate to each applicant who meets the requirements of this subtitle for a certificate.
Md. Code, Business Regulation § 8-312 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-312
§8–312.
Status: in_force

(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Commission takes any final action under § 8–311 of this subtitle, or if requested under § 8–620(c) of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Commission or, as provided under § 8–313 of this subtitle, a hearing board.

(b) The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The Commission may administer oaths in a proceeding under this section.

(d) The hearing notice to be given to the person shall be sent at least 10 days before the hearing by certified mail to the business address of the licensee on record with the Commission.

(e) (1) For purposes of this subsection, the State is divided into:

(i) the region that includes Allegany, Carroll, Frederick, Garrett, and Washington counties;

(ii) the region that includes Anne Arundel, Calvert, Charles, and St. Mary’s counties;

(iii) the region that includes Baltimore City and Baltimore and Howard counties;

(iv) the region that includes Caroline, Cecil, Dorchester, Harford, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties; and

(v) the region that includes Montgomery and Prince George’s counties.

(2) The Commission shall set the time and place of the hearing but shall hold the hearing in the appropriate region to accommodate the needs of:

(i) disabled witnesses;

(ii) indigent witnesses; or

(iii) a majority of witnesses.

(f) The person may be represented at the hearing by counsel.

(g) In connection with a proceeding under this section, the Commission may:

(1) issue subpoenas for the attendance of witnesses to testify or to produce evidence; and

(2) take testimony in the same manner and with the same fees and compensation for mileage as provided in civil cases in the State.

(h) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Commission may hear and determine the matter.
Md. Code, Labor and Employment § 8-5A-03 — MD Code / Article gle / Title 8 / Subtitle 5A / Section 8-5A-03
§8–5A–03.
Status: in_force

(a) Two members of the Board of Appeals shall constitute a quorum. A vacancy does not impair the right of the remaining members to exercise the powers of the Board of Appeals under this title.

(b) Each member of the Board of Appeals is entitled to the salary provided in the State budget.

(c) (1) Subject to the approval of the Board of Appeals, the Secretary shall appoint the number of personnel that the Board of Appeals needs for effective and proper performance of the appeals procedures under this subtitle.

(2) The Secretary shall have administrative authority over all personnel.

(d) The Secretary shall provide the Board of Appeals with the offices, equipment, services, and supplies necessary for its operation.
Md. Code, Criminal Law § 8-101 — MD Code / Article gcr / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

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

(b) “Check” means a negotiable instrument that is not postdated at the time it is issued.

(c) “Drawer” means a person whose name appears on a check as the primary obligor, whether the actual signature on the check is that of the person or of another purportedly authorized to draw the check on the person’s behalf.

(d) “Funds” means money or credit.

(e) “Issue”, with respect to a check, means the act of a drawer or representative drawer who:

(1) delivers the check or causes it to be delivered to a person who acquires a right against the drawer with respect to the check as a result of the delivery; or

(2) draws the check with the intent that it be delivered to a person who on delivery would acquire a right assignable with respect to the check drawer and the check is delivered to that person.

(f) “Obtain” has the meaning stated in § 7-101 of this article.

(g) “Pass”, with respect to a check, means delivering the check by a payee, holder, or bearer of the check, if:

(1) the check was or purports to have been drawn and issued by a person other than the person delivering the check; and

(2) the delivery was made to a third person who acquires a right with respect to the check as a result of the delivery or for a purpose other than collection.

(h) “Property” has the meaning stated in § 7-101 of this article.

(i) “Representative drawer” means a person who signs a check as drawer in a representative capacity or as agent of the drawer.

(j) “Service” includes:

(1) labor or professional service;

(2) telecommunication, public utility, toll facility, or transportation services;

(3) lodging, entertainment, or restaurant service; and

(4) the use of computers, data processing, or other equipment.

(k) “Value” has the meaning stated in § 7-103 of this article.
Md. Code, State Government § 8-304 — MD Code / Article gsg / Title 8 / Subtitle 3 / Section 8-304
§8–304.
Status: in_force

The Governor shall:

(1) make the designation of a unit as the official State agency for participation in a federal program by a written designation that includes the name of the unit and of the program;

(2) give the General Assembly notice of the designation; and

(3) deliver a copy of the designation to the Administrator of the Division of State Documents.
Md. Code, Human Services § 8-1306 — MD Code / Article ghu / Title 8 / Subtitle 13 / Section 8-1306
§8–1306.
Status: in_force

The Commission shall determine operating procedures, including the establishment of subcommittees or workgroups that use the expertise of individuals who are not members of the Commission.
Md. Code, General Provisions § 8-111 — MD Code / Article ggp / Title 8 / Subtitle 1 / Section 8-111
§8–111.
Status: in_force

This title may be cited as the Maryland False Claims Act.
Md. Code, Labor and Employment § 8-634 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-634
§8–634.
Status: in_force

(a) If the assets of an employing unit are distributed under an order of any court under the laws of the State, including an adjudicated insolvency, assignment for the benefit of creditors, composition, or receivership, a contribution or reimbursement payment that is or will become due shall be paid in full prior to all other claims except taxes with which the assets shall be shared pro rata.

(b) If an employer dies, an unpaid contribution or reimbursement payment shall be allowable against the estate of the employer as a preferred debt in accordance with § 13-801 of the Tax - General Article.

(c) If an employing unit under the federal Bankruptcy Act is adjudicated bankrupt, has debts adjusted by composition, or has an extension proposal judicially confirmed, a contribution or payment in lieu of contributions that is or will become due shall be entitled to priority as a tax as provided under § 64(a) of that Act.

(d) (1) A court may not allow or approve a final act or report of an assignee, auditor, personal representative, receiver, or trustee or other fiduciary or officer engaged in administering the assets of an employing unit and acting under the authority or supervision of the court unless the Secretary has been given written notice at least 10 days before allowance or approval of the act or report.

(2) On receipt of a notice under paragraph (1) of this subsection, the Secretary may file a claim or interpose an objection to the act or report.

(e) A corporation that does not pay a contribution, reimbursement payment, or interest is subject to forfeiture of its corporate charter in accordance with Title 3, Subtitle 5 of the Corporations and Associations Article.

(f) The Secretary may collect a contribution, reimbursement payment, or interest that a corporation owes at the time of dissolution in accordance with §§ 3-407, 3-417, and 3-519 of the Corporations and Associations Article.
Md. Code, Business Regulation § 8-303 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-303
§8–303.
Status: in_force

(a) An applicant for a license shall:

(1) submit to the Commission an application on the form that the Commission provides;

(2) submit to the Commission with the license application proof of compliance with the insurance requirement of § 8–302.1 of this subtitle, if the applicant is applying for a contractor license;

(3) pay into the Fund the fee required under § 8–404(a) of this title, if the applicant is applying for a contractor license; and

(4) pay to the Commission an application fee set by the Commission.

(b) In addition to any other information required on an application form, the form shall require:

(1) for an individual applicant, the name and address of the applicant;

(2) for a corporate applicant, the name and address of each officer;

(3) for a partnership applicant, the name and address of each partner;

(4) for a joint venture applicant, the name and address of each party to the joint venture;

(5) if the applicant acts as a contractor through a corporation or limited partnership, the name and address of the resident agent of the corporation or limited partnership in the State;

(6) if the applicant is applying for a contractor license, a complete description of the nature of the contracting business of the applicant;

(7) if the applicant is applying for a salesperson license, a complete description of the duties of the applicant;

(8) a record of the applicant’s experience in the field of home improvement or other construction work, including dates when and addresses where the applicant has resided and done business;

(9) if the applicant provides lead paint abatement services, the Department of the Environment lead paint abatement accreditation number and accreditation expiration date;

(10) whether the applicant has ever held a professional or vocational license in this or any other state; and

(11) whether the applicant has had a professional or vocational license denied, suspended, or revoked.

(c) To evaluate the qualifications of an applicant for a license, the Commission may ask the applicant for:

(1) information about the applicant’s character, experience, and financial stability; and

(2) any other information that the Commission needs.

(d) If the applicant is applying for a contractor license, the applicant shall:

(1) have submitted to the Commission, by a credit reporting agency approved by the Commission, a credit report that contains the information required by the Commission; or

(2) have paid to the Commission or the Commission’s designee a credit report fee in an amount not to exceed the cost charged by a credit reporting agency approved by the Commission to obtain a credit report that contains the information required by the Commission.

(e) Financial information that an applicant submits to the Commission:

(1) is confidential and is not a public record; but

(2) if relevant, is admissible as evidence in an administrative or judicial proceeding.

(f) An applicant that is incorporated or has its principal office in another state shall pay to the Commission the fee imposed in that state on a similar nonresident business if that fee is higher than the application fee set by the Commission.
Md. Code, Labor and Employment § 8-1105 — MD Code / Article gle / Title 8 / Subtitle 11 / Section 8-1105
§8–1105.
Status: in_force

(a) Except as provided in subsection (e) of this section, the weekly amount of extended benefits payable for a week of total unemployment during an individual’s eligibility period is equal to the amount of regular benefits, including allowances for dependents, payable to the individual for a week of total unemployment during the applicable benefit year.

(b) The total amount of extended benefits payable to an eligible individual for the applicable benefit year of the individual may not be less than the lesser of:

(1) 50% of the total amount of regular benefits, including allowances for dependents, payable to the individual during that benefit year;

(2) 13 times the average weekly benefit amount of the individual; or

(3) 39 times the average weekly benefit amount of the individual, reduced by the amount of regular benefits paid or deemed paid to the individual during that benefit year.

(c) If the benefit year of an individual ends during an extended benefit period, the balance of extended benefits to which the individual is entitled for weeks of unemployment beginning after the benefit year shall be reduced, but not below zero, by an amount computed by:

(1) determining the number of weeks for which the individual received any amounts as trade readjustment allowances under the federal Trade Act of 1974 within that benefit year; and

(2) multiplying the number determined under item (1) of this subsection by the weekly amount of extended benefits of the individual.

(d) An individual who otherwise is eligible to receive benefits may not be denied regular benefits or extended benefits for any week because the individual:

(1) is in a training program that the United States Secretary of Labor approves under 19 U.S.C. § 2296(a)(1); or

(2) leaves work that is not suitable to enter a training program that the United States Secretary of Labor approves under 19 U.S.C. § 2296(a)(1) because:

(i) the work was not of substantially equal or a higher skill level than the past adversely affected employment of the individual as defined under 19 U.S.C. § 2296(f); and

(ii) the wages for the work were less than 80% of the average weekly wage of the individual as determined under 19 U.S.C. § 2296(e).

(e) (1) In this subsection, “high unemployment period” means any period during which:

(i) an extended benefit period would be in effect under § 8–1103(f) of this subtitle; and

(ii) the average rate of total unemployment, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of that week is at least 8%.

(2) This subsection applies only to weeks of unemployment in a high unemployment period.

(3) The total amount of extended benefits payable to an eligible individual for the applicable benefit year of the individual may not be less than the lesser of:

(i) 80% of the total amount of regular benefits, including allowances for dependents, payable to the individual during the benefit year;

(ii) 20 times the average weekly benefit amount of the individual, including allowances for dependents; or

(iii) 46 times the average weekly extended benefit amount, reduced by the regular benefits, not including dependents’ allowances, paid or deemed paid to the individual during that benefit year.
Md. Code, Business Regulation § 8-215 — MD Code / Article gbr / Title 8 / Subtitle 2 / Section 8-215
§8–215.
Status: in_force

The Commission shall publish on its Web site consumer education materials that specify the protections available to consumers through the Commission, including the availability of compensation from the Guaranty Fund.
Md. Code, Environment § 8-402 — MD Code / Article gen / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Department may not issue or renew a specific license unless the applicant demonstrates to the Department that there is storage or disposal capacity available inside or outside of this State for any low-level nuclear waste that the applicant may generate.

(b) This section does not apply:

(1) To the extent that the Department is authorized to issue a specific license under:

(i) An interstate compact or executive agreement made under § 7-227 of this article;

(ii) A rule or regulation adopted under § 8-403 of this subtitle; or

(iii) An executive order issued under § 8-406 of this subtitle;

(2) To renewal of any license originally issued before January 1, 1986;

(3) To any facility that generated low-level nuclear waste before January 1, 1986;

(4) To any hospital, medical, or educational facility; or

(5) To any low-level nuclear waste, if, under standards adopted by rule or regulation, the Department finds that:

(i) The half-life or specific activity of the low-level nuclear waste is such that, within a period of not more than 6 months, the low-level nuclear waste will not require special handling, special subsurface disposal, or special storage; and

(ii) The low-level nuclear waste can be disposed of safely in the same manner as other hazardous substances or handled as conventional waste.
Md. Code, Agriculture § 8-8A-05 — MD Code / Article gag / Title 8 / Subtitle 8A / Section 8-8A-05
§8–8A–05.
Status: in_force

Within 10 days after receiving a permit application that includes storing food processing residuals in conjunction with an agricultural operation, the Department shall provide notice by mail to the chair of the legislative body and any elected executive in the county where the food processing residuals will be stored.
Md. Code, Transportation § 8-633 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-633
§8–633.
Status: in_force

Except as otherwise provided by law, the Administration does not have any duties, responsibilities, or powers with respect to the construction, reconstruction, or maintenance of any highways except State highways.
Md. Code, Agriculture § 8-601 — MD Code / Article gag / Title 8 / Subtitle 6 / Section 8-601
§8–601.
Status: in_force

The Secretary shall promote and encourage the drainage of agricultural lands in the State, correlate the activities of the local drainage organizations in the State, and cooperate with State and federal agencies in the interest of a permanent program of improved drainage. The Secretary has the powers necessary to accomplish the purposes of this subtitle.
Md. Code, Transportation § 8-646 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-646
§8–646.
Status: in_force

(a) Except as permitted by this section or in accordance with a permit obtained from the Administration, a person may not:

(1) Make an opening in any State highway;

(2) Place any structure on any State highway;

(3) Change or renew any structure placed on any State highway;

(4) Dig up any State highway for any purpose, including the placement of pipes, sewers, poles, wires, or rails;

(5) Plant or remove any tree on any State highway; or

(6) Place any obstruction or improvement on any State highway.

(b) (1) The Administration may issue a permit for work otherwise prohibited by subsection (a) of this section.

(2) Work done under the permit shall be performed to the satisfaction of the Administration and under its supervision.

(3) If the work done under the permit will be performed within 1 mile of Washington Metropolitan Area Transit Authority rail or bus rapid transit stations or Maryland Transit Administration rail or bus rapid transit stations, including Maryland Area Regional Commuter (MARC) stations, the person to whom the permit is issued or by whom the work is done shall maintain a safe alternative pedestrian path at the work site in accordance with regulations adopted under this section.

(4) The person to whom the permit is issued or by whom the work is done shall pay the cost of replacing the highway in as good a condition as before the work was done.

(5) (i) The Administration shall require a nongovernment applicant for a permit issued under this subsection who is a developer to submit a performance bond, letter of credit, or other surety acceptable to the Administration.

(ii) The Administration shall require a nongovernment applicant for a permit issued under this subsection to submit a payment bond, letter of credit, or other surety acceptable to the Administration if:

1. The amount of the improvement is estimated to exceed $100,000;

2. The project is financed, in whole or in part, by private funds; and

3. The entire improvement is located outside the applicant’s property.

(c) The Administration may apply to the circuit court in the subdivision in which the violation occurred or is threatened for appropriate injunctive relief.

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

(ii) “Bike lane” has the meaning stated in § 21–101 of this article.

(iii) “Sidewalk shed” means a temporary structure erected over a sidewalk or pedestrian walkway to:

1. Protect pedestrians from debris that may fall from construction work above the sidewalk or pedestrian walkway; and

2. Maintain pedestrian access to the sidewalk or pedestrian walkway when construction or maintenance occurs near the sidewalk or pedestrian walkway.

(2) The Administration shall adopt regulations governing the maintenance of pedestrian access to the maximum extent practicable in areas where construction or maintenance work is performed in accordance with a permit issued under this section.

(3) The regulations adopted under paragraph (2) of this subsection shall:

(i) Prohibit the erection of a sidewalk shed unless:

1. The Administration has approved the erection of the sidewalk shed under a permit issued under this section; or

2. The person that will apply for the permit or do the work determines that immediate erection of a sidewalk shed is necessary for public safety;

(ii) Require the person specified under item (i)2 of this paragraph to apply for a permit within 24 hours after erecting the sidewalk shed;

(iii) Specify standards and requirements for sidewalk sheds and other structures that maintain pedestrian access, including requirements regarding:

1. Length, width, and height of the structures;

2. Lighting in and around the structures;

3. Compliance with the federal Americans with Disabilities Act;

4. The storage of supplies and other materials on the roof of a sidewalk shed;

5. Temporary office facilities;

6. Circumstances under which a structure may block other highway features, including exits, entrances, loading areas, and street signs; and

7. Maintaining access to bike lanes, in the following descending order of priority:

A. Providing a bike lane on the same highway that the blocked bike lane is on by shifting and narrowing adjacent lanes of traffic;

B. Providing a bike lane in an existing lane of traffic;

C. Merging bicyclists and adjacent traffic into a shared lane of traffic; and

D. Providing a bike lane detour route; and

(iv) Address any other issue the Administration determines is necessary for the maintenance of pedestrian access to the maximum extent practicable in areas where construction or maintenance work is performed in accordance with a permit issued under this section.

(4) The Administration shall:

(i) Compile an inventory of best practices used in jurisdictions throughout the State and outside the State for the maintenance of pedestrian access in areas where construction or maintenance work is performed in State highway rights–of–way; and

(ii) Publish and make available the inventory of best practices to any interested party.

(5) In adopting the regulations required under this subsection, the Administration shall consider:

(i) Safety factors for pedestrians, bicyclists, and construction and maintenance workers;

(ii) The cost of maintaining pedestrian access under this section;

(iii) Best practices compiled under paragraph (4) of this subsection;

(iv) The need for storage and access to construction materials and equipment; and

(v) The need to separate different modes of travel.
Md. Code, Insurance § 8-308.1 — MD Code / Article gin / Title 8 / Subtitle 3 / Section 8-308.1
§8–308.
Status: reserved

§8–308.1.

(a) Within 1 year after the expiration date, a person whose third party administrator’s registration has expired may reinstate the expired registration by:

(1) filing with the Commissioner the appropriate reinstatement application;

(2) subject to subsection (b) of this section, paying to the Commissioner a reinstatement fee of $100; and

(3) complying with the bond requirement of § 8–306 of this subtitle.

(b) The Commissioner may limit the reinstatement fee to the amount of the renewal fee in cases where the reinstatement applicant did not make timely renewal because of temporary incapacity, hospitalization, or other hardship.

(c) A person whose third party administrator’s registration has expired is prohibited from acting as a third party administrator until the effective date of reinstatement of the registration.

(d) A person who does not comply with subsection (a) of this section within 1 year after the expiration date shall apply for a third party administrator’s registration under § 8–305 of this subtitle and meet any other requirements specified by the Commissioner in regulation.

(e) The Commissioner may adopt regulations to carry out this section.
Md. Code, Real Property § 8-301 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-301
§8–301.
Status: in_force

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

(b) “Court” means the District Court.

(c) “Defendant” means a tenant.

(d) “Distress” means an action of distress filed pursuant to the provisions of this subtitle.

(e) “Goods” means goods, chattels, grain, growing crops, produce, unborn young of animals, inventory, and equipment regardless of where found or located, and includes cash money found on the leased premises. “Goods” does not include choses in action, other forms of intangible property, written contracts, securities, bonds, notes, or other instruments for the payment of money.
Md. Code, Natural Resources § 8-726 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-726
§8–726.
Status: in_force

(a) A person may not throw, dump, deposit, or cause to be thrown, dumped, or deposited any trash, junk, or other refuse on any waters of the State.

(b) The operator or owner, if present, of any vessel on which occurs a violation of subsection (a) of this section is liable.

(c) The Department shall enforce the provisions of this section.
Md. Code, Labor and Employment § 8-1503 — MD Code / Article gle / Title 8 / Subtitle 15 / Section 8-1503
§8–1503.
Status: in_force

(a) The eligibility period of a former servicemember consists of:

(1) the weeks in the former servicemember’s benefit year that begin during the additional benefit period; and

(2) if the former servicemember’s benefit year ends during the additional benefit period, any week thereafter that begins during the additional benefit period.

(b) To be eligible for additional benefits for a week during an eligibility period, a former servicemember:

(1) shall be unemployed for the week for which benefits are claimed;

(2) shall meet each requirement of this title for regular benefits that applies to a claim for additional benefits;

(3) may not be subject to disqualification from receiving regular benefits; and

(4) shall have exhausted all UCX benefits to which the former servicemember is entitled.
Md. Code, Education § 8-503 — MD Code / Article ged / Title 8 / Subtitle 5 / Section 8-503
§8–503.
Status: in_force

(a) Prior to or concurrent with the placement or modification of the placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency’s designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.

(b) The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of the child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.

(c) After receiving notice under subsection (a) or (b) of this section, a receiving school shall fulfill the requirements of § 8-504(a) of this subtitle.
Md. Code, Health Occupations § 8-601 — MD Code / Article gho / Title 8 / Subtitle 6 / Section 8-601
§8–601.
Status: in_force

In this subtitle:

(1) “Practice nurse midwifery” means the management and care of essentially normal newborns and of essentially normal women antepartally, intrapartally and postpartally.

(2) “Practice nurse midwifery” includes:

(i) Family planning and well woman reproductive care;

(ii) The prescribing of substances commonly used in the practice of nurse midwifery;

(iii) The prescribing of controlled substances on Schedules II, III, IV, and V commonly used in the practice of nurse midwifery; and

(iv) The dispensing of the substances prescribed in accordance with the provisions of items (ii) and (iii) of this paragraph in the course of treating a patient:

1. At a medical facility or clinic that is operated on a nonprofit basis;

2. At a health center that operates on a campus of an institution of higher education;

3. At a public health facility, a medical facility under contract with a State or local health department, or a facility funded with public funds; or

4. With a starter dosage of a drug as authorized under § 8–508 of this title.
Md. Code, Agriculture § 8-1012 — MD Code / Article gag / Title 8 / Subtitle 10 / Section 8-1012
§8–1012.
Status: in_force

The Department, with approval from the Department of the Environment, shall adopt regulations necessary to implement the Program.
Md. Code, Real Property § 8A-1702 — MD Code / Article grp / Title 8A / Subtitle 17 / Section 8A-1702
§8A–1702.
Status: reserved

(a) (1) A resident under any lease or someone holding under him, who shall unlawfully hold over beyond the termination of the rental agreement, shall be liable to the park owner for the actual damages caused by the holding over.

(2) The damages awarded to a park owner against the resident or someone holding under him, may not be less than the apportioned rent for the period of holdover at the rate under the rental agreement.

(3) Any action to recover damages under this section may be brought by suit separate from the eviction or removal proceeding or in the same action and in any court having jurisdiction over the amount in issue.

(4) Nothing contained herein is intended to limit any other remedies which a park owner may have against a holdover resident under the rental agreement or under applicable law.

(b) (1) Where any interest in property shall be leased for any definite term or at will, and the park owner shall desire to repossess the property after the expiration of the term for which it was leased and shall give notice in writing 1 month before the expiration of the term or determination of the will to the resident or to the person actually in possession of the property to remove from the property at the end of the term, and if the resident or person in actual possession shall refuse to comply, the park owner may make complaint in writing to the District Court of the county where the property is located. The court shall issue its summons to the resident or person in possession that he appear on a day stated in the summons before the court to show cause (if any he have) why restitution of the possession of the estate leased should not be made to the park owner. Upon the failure of either of the parties to appear before the court on the day stated in the summons, the court may continue the case to a day not less than 6 nor more than 10 days after the day first stated and notify the parties of the continuance.

(2) If upon hearing the parties, or in case the resident or person in possession shall neglect to appear after the summons and continuance the court shall find that the park owner had been in possession of the leased property, that the said lease or estate is fully ended and expired, that due notice to quit as aforesaid had been given to the resident or person in possession and that he had refused so to do, the court shall thereupon give judgment for the restitution of the possession of said premises and shall forthwith issue its warrant to the sheriff or a constable in the respective counties commanding him forthwith to deliver to the park owner possession thereof in as full and ample manner as the park owner was possessed of the same at the time when the leasing was made, and shall give judgment for costs against the resident or person in possession so holding over. Either party shall have the right to appeal therefrom to the circuit court for the county within ten days from the judgment. If the resident appeals and files with the District Court an affidavit that the appeal is not taken for delay, and also a good and sufficient bond with one or more securities conditioned that he will prosecute the appeal with effect and well and truly pay all rent in arrears and all costs in the case before the District Court and in the appellate court and all loss or damage which the park owner may suffer by reason of the resident’s holding over, including the value of the premises during the time he shall so hold over, then the resident or person in possession of said premises may retain possession thereof until the determination of said appeal. The appellate court shall, upon application of either party, set a day for the hearing of the appeal, not less than 5 nor more than 15 days after the application, and notice for the order for a hearing shall be served on the opposite party or his counsel at least 5 days before the hearing. If the judgment of the District Court shall be in favor of the park owner, a warrant shall be issued by the appellate court to the sheriff, who shall proceed forthwith to execute the warrant.

(3) The provisions of this section shall apply to all cases of tenancies from year to year, tenancies of the month and by the week. In case of tenancies from year to year, notice in writing shall be given 3 months before the expiration of the current year of the tenancy, and in monthly or weekly tenancies, a notice in writing of 1 month, shall be so given; and the same proceeding shall apply, so far as may be, to cases of forcible entry and detainer.

(4) When the resident shall give notice by parole to the park owner or to his agent or representatives, at least 1 month before the expiration of the lease or tenancy in all cases except in cases of tenancies from year to year, and at least 3 months’ notice in all cases of tenancy from year to year, of the intention of the tenant to remove at the end of that year and to surrender possession of the property at that time, and the park owner, his agent, or representative shall prove the notice from the resident by competent testimony, it shall not be necessary for the park owner, his agent or representative to provide a written notice to the resident, but the proof of such notice from the resident as aforesaid shall entitle the park owner to recover possession of the property hereunder.
Md. Code, Agriculture § 8-402 — MD Code / Article gag / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: reserved

(a) If the Committee determines that the division or combination, or both, is feasible in its entirety, it shall appoint as the governing body for each district resulting from the proposed division or combination, or both, four supervisors and the county governing body shall appoint one supervisor. The appointments shall be made in accordance with the provisions of § 8–302 of this title. Any existing supervisor is eligible to be appointed as a new supervisor.

(b) The Committee shall certify to the new supervisors, and to the supervisors of each existing district to be divided or combined, or both, (1) the determination of the Committee concerning the administrative feasibility of the division or combination, or both; (2) the boundaries of the proposed districts; (3) the names, addresses, and positions of the supervisors appointed for each new district; and (4) other data it deems appropriate.

(c) The supervisors of any existing district to be divided shall decide the proportion and manner of dividing its property, assets, and rights, except executory contracts, among the new districts into which the old district is to be divided, taking into consideration the nature and source of the property, assets, and rights, the comparative sizes of the new divisions, the number of land occupiers of each division, and general considerations of fairness in making the allocation. The supervisors shall notify the Committee and the new supervisors who are to receive any property, rights, or assets of their decision. The property, assets, or rights shall be divided and transferred accordingly.

(d) If the supervisors of a district to be divided are unable to agree on the division of the property, assets, and rights within 60 days after the certification of determination from the Committee, they shall notify the Committee. After a hearing of the supervisors and any other person within the district whom the Committee judges to be reasonably entitled to be heard, the Committee shall determine finally the proportions and manner of the division and shall certify its decision to the supervisors, who immediately shall proceed to divide the property, assets, and rights, accordingly.

(e) If the district is to be combined and not divided, the supervisor shall transfer the assets, property, and rights of the district to the new supervisors of the combined district of which it will comprise a part.
Md. Code, Courts and Judicial Proceedings § 8-203 — MD Code / Article gcj / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

(a) (1) A circuit court may propose to the Supreme Court of Maryland a change to the circuit court’s jury plan at any time, by filing the proposal with the Supreme Court of Maryland.

(2) Within 60 days after a circuit court files a proposal under this subsection, the Supreme Court of Maryland shall approve or disapprove the proposal.

(3) A proposal approved under this subsection is effective:

(i) 61 days after a circuit court files the proposal; or

(ii) Any earlier date that the Supreme Court of Maryland sets.

(b) (1) If the Supreme Court of Maryland orders a circuit court to change its jury plan, the circuit court shall do so.

(2) A change that the Supreme Court of Maryland orders is effective:

(i) On the day the Court sets; but

(ii) Not later than 90 days after the date of approval of the circuit court’s change.
Md. Code, Insurance § 8-440 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-440
§8–440.
Status: in_force

(a) A domestic society may convert to and be licensed as a mutual life insurer by complying with the applicable requirements of Title 3, Subtitle 1 of this article if the plan of conversion is approved by the Commissioner.

(b) (1) The plan of conversion shall be in writing and shall set forth the terms and conditions of the conversion.

(2) The board of directors shall submit the plan of conversion to the supreme legislative or governing body of the society at a regular or special meeting, by giving a complete copy of the plan with the notice of the meeting.

(3) Notice shall be given as provided in the applicable laws of the society for a regular or special meeting.

(4) The affirmative vote of two-thirds of the members of the body is necessary for approval of the plan.

(c) (1) Conversion to a mutual life insurer may not take effect unless approved by the Commissioner.

(2) The Commissioner may approve the conversion if the Commissioner finds that the proposed change conforms to the requirements of law and is not prejudicial to the certificate holders of the society.
Md. Code, Health Occupations § 8-207 — MD Code / Article gho / Title 8 / Subtitle 2 / Section 8-207
§8–207.
Status: in_force

A person shall have the immunity from liability described under § 5-708 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
Md. Code, State Government § 8-203 — MD Code / Article gsg / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

(a) The head of each principal department is a secretary, who shall be appointed by the Governor with the advice and consent of the Senate.

(b) The Governor shall select, on the bases of professional and administrative knowledge and experience, a secretary who has the qualifications required by law.

(c) Unless otherwise provided by law, the secretary of a principal department or, with the approval of the Governor, a designee of the secretary shall represent the State and coordinate its participation in an interstate, regional, or other intergovernmental unit that is in the department.
Md. Code, Transportation § 8-721 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-721
§8–721.
Status: in_force

On each outdoor sign for which a permit is required under this part, there shall be written plainly, in the manner that the Administration requires:

(1) The name and mailing address of the person owning or controlling the sign; and

(2) The number and expiration date of the permit for the sign.
Md. Code, Transportation § 8-656 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-656
§8–656.
Status: in_force

The Department shall establish a process by which a member of the General Assembly, another elected official, or any member of the general public may request that the Department dedicate a bridge or another appropriate transportation structure under the jurisdiction of the Department to:

(1) A deceased member of the armed forces:

(i) Whose home of record was in the State; and

(ii) Whose surviving spouse, parent, or next of kin is a recipient of the U.S. Department of Defense Gold Star memorializing that the member was killed in action; or

(2) A firefighter, law enforcement officer, or another emergency responder who died in the line of duty.
Md. Code, Transportation § 8-801 — MD Code / Article gtr / Title 8 / Subtitle 8 / Section 8-801
§8–801.
Status: in_force

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

(b) “Automobile graveyard” means an establishment or place of business that is maintained, operated, or used for storing wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

(c) “Automotive dismantler and recycler facility” means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. All requirements in any statute, rule, or regulation applicable to automobile graveyards also apply to automobile dismantler and recycler facilities.

(d) “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel, and any other old or scrap material.

(e) “Junkyard” means an establishment or place of business that is maintained, operated, or used:

(1) For storing, keeping, buying, or selling junk;

(2) For an automobile graveyard; or

(3) As a garbage dump or sanitary fill.

(f) “Main traveled way” has the meaning stated in § 8–701 of this title.

(g) “Primary highway” means any State highway that is designated under this title as a primary highway and approved by the United States Secretary of Transportation under Title 23 of the United States Code.

(h) “Scrap metal processing facility” means an establishment:

(1) That has facilities for processing iron, steel, or nonferrous scrap metal; and

(2) The principal product of which is scrap iron, scrap steel, or nonferrous scrap for sale only for resmelting purposes.
Md. Code, Public Safety § 8-103 — MD Code / Article gps / Title 8 / Subtitle 1 / Section 8-103
§8–103.
Status: in_force

(a) Subject to subsection (c) of this section, each county shall receive an initial allocation of money based on a percentage to be determined in the following manner:

(1) the Director of Assessments and Taxation shall certify to the Secretary each county’s total percentage of land use property tax accounts, including vacant unimproved properties, relative to the statewide total of all land use property tax accounts for the first completed fiscal year immediately preceding the fiscal year for which money is to be allocated;

(2) except as provided in item (3) of this subsection, the percentage determined in item (1) of this subsection shall then be applied for each county to any amount included in the State budget for the purposes of this subtitle; and

(3) each county shall receive an allocation of at least 2% of the total Fund as appropriated in the State budget, in addition to the amount that is distributed to fire, rescue, and ambulance companies, departments, or stations located in qualified municipal corporations in accordance with subsection (c) of this section.

(b) (1) In accordance with the formula provided in paragraph (2) of this subsection, each county shall distribute a minimum percentage of funds that the county receives from the Fund to volunteer fire, rescue, and ambulance companies.

(2) The percentage of funds required to be distributed by each county under paragraph (1) of this subsection shall be equal to the same total percentage of funds distributed by each county to volunteer fire, rescue, and ambulance companies from the Fund in fiscal year 2011 or at least 51% of the allocation received by each county under subsection (a) of this section, whichever is greater.

(3) Each county shall distribute the money provided under this subsection on the basis of need, as determined by the county, to volunteer fire, rescue, and ambulance companies.

(4) In determining need under this subsection, the county shall consider:

(i) the failure to meet minimum standards established by the county or the Maryland State Firefighters Association;

(ii) the existence or potential existence of an emergency situation as described in § 8–203 of this title;

(iii) the age and condition of existing facilities and equipment;

(iv) the lack of availability of mutual aid;

(v) any service problems associated with demographic conditions;

(vi) a company’s inability to raise money to pay for an item; and

(vii) any other relevant factors.

(5) This subsection does not apply to:

(i) Baltimore City; or

(ii) distributions made to fire, rescue, and ambulance companies, departments, or stations located in qualified municipal corporations in accordance with subsection (c) of this section.

(c) (1) Subject to paragraph (6) of this subsection, each county shall distribute the money provided under this subtitle on the basis of need to fire, rescue, and ambulance companies, departments, or stations in the county, including companies, departments, or stations:

(i) located in municipal corporations; or

(ii) located outside the State if the company, department, or station:

1. has been a member of the Maryland State Firefighters Association for at least the past 10 years; and

2. has a first due response area in the State.

(2) Each county shall determine need in accordance with procedures that the county uses to adopt its budget.

(3) In determining need under this subsection, the county shall consider:

(i) the failure to meet minimum standards established by the county or the Maryland State Firefighters Association;

(ii) the existence or potential existence of an emergency situation as described in § 8–203 of this title;

(iii) the age and condition of existing facilities and equipment;

(iv) the lack of availability of mutual aid;

(v) any service problems associated with demographic conditions; and

(vi) any other relevant factors.

(4) In addition to consideration of the factors in paragraph (3) of this subsection, for a volunteer company the county shall consider the company’s inability to raise money to pay for the item.

(5) Notwithstanding paragraphs (3) and (4) of this subsection, each county shall give the highest funding priority to the failure to meet minimum standards or the existence of an emergency situation as described in § 8–203 of this title.

(6) (i) In this paragraph, “expenditures of the qualified municipal corporation” includes revenues appropriated to volunteer fire, rescue, and ambulance companies.

(ii) Distribution of money to fire, rescue, and ambulance companies, departments, or stations located in qualified municipal corporations in a county in the aggregate may not be less than 50% of the proportion that the expenditures of the qualified municipal corporation bear to total aggregate expenditures for fire protection in that county.

(iii) A county shall distribute the money allocated under this paragraph to fire, rescue, and ambulance companies, departments, or stations located in qualified municipalities.

(7) (i) To receive money under this subsection, each county shall participate in the Maryland Fire Incident Reporting System and Ambulance Information System.

(ii) A county shall be deemed in compliance with subparagraph (i) of this paragraph if the county has participated in the Maryland Fire Incident Reporting System and Ambulance Information System during the immediately preceding fiscal year for which money is to be allocated.

(iii) The State Fire Marshal shall:

1. adopt policies and procedures for determining if a county has participated in the Maryland Fire Incident Reporting System; and

2. certify to the Secretary by July 1 of each year whether a county has participated in the Maryland Fire Incident Reporting System during the immediately preceding fiscal year.

(iv) The Executive Director of the Maryland Institute for Emergency Medical Services Systems shall:

1. adopt policies and procedures for determining if a county has participated in the Ambulance Information System; and

2. certify to the Secretary by July 1 of each year whether a county has participated in the Ambulance Information System during the immediately preceding fiscal year.
Md. Code, Transportation § 8-336 — MD Code / Article gtr / Title 8 / Subtitle 3 / Section 8-336
§8–336.
Status: in_force

After the petition is filed and payment is made under § 8-335 of this subtitle:

(1) The Commission may take possession of the property to be acquired; and

(2) The Administration may proceed with construction without interference by the owner.
Md. Code, Criminal Law § 8-601 — MD Code / Article gcr / Title 8 / Subtitle 6 / Section 8-601
§8–601.
Status: in_force

(a) A person, with intent to defraud another, may not counterfeit, cause to be counterfeited, or willingly aid or assist in counterfeiting any:

(1) bond;

(2) check;

(3) deed;

(4) draft;

(5) endorsement or assignment of a bond, draft, check, or promissory note;

(6) entry in an account book or ledger;

(7) letter of credit;

(8) negotiable instrument;

(9) power of attorney;

(10) promissory note;

(11) release or discharge for money or property;

(12) title to a motor vehicle;

(13) waiver or release of mechanics’ lien; or

(14) will or codicil.

(b) A person may not knowingly, willfully, and with fraudulent intent possess a counterfeit of any of the items listed in subsection (a) of this section.

(c) (1) A person who violates subsection (a) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.

(2) A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(d) Notwithstanding any other provision of law, the prosecution of an alleged violation of this section or for an alleged violation of a crime based on an act that establishes a violation of this section may be commenced in any county in which:

(1) an element of the crime occurred;

(2) the deed or other alleged counterfeit instrument is recorded in the county land records, filed with the clerk of the circuit court, or filed with the register of wills;

(3) the victim resides; or

(4) if the victim is not an individual, the victim conducts business.
Md. Code, Public Safety § 8-202 — MD Code / Article gps / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

(a) There is a Volunteer Company Assistance Fund.

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

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

(c) After consultation with the Association, the Governor may include in the State budget each year an appropriation to the Fund.

(d) (1) Any investment earnings of the Fund shall be credited to the Fund.

(2) Repayments on loans from the Fund shall be placed in the Fund and made available to fund grant or loan requests.

(e) For the purpose of making loans under this subtitle, the Association shall:

(1) develop loan criteria;

(2) develop loan terms, including interest rates; and

(3) recommend to the Board of Public Works the approval or denial of loans.
Md. Code, Real Property § 8A-1101 — MD Code / Article grp / Title 8A / Subtitle 11 / Section 8A-1101
§8A–1101.
Status: in_force

(a) A park owner may only evict a resident for:

(1) Nonpayment of rent; or

(2) The following violations:

(i) Making or causing to be made, with knowledge, any false or misleading statement on an application for tenancy;

(ii) Violation of a federal, State, or local law that is detrimental to the safety and welfare of other residents in the park; or

(iii) Repeated violation of any rule or provision of the rental agreement occurring within a 6–month period.

(b) A park owner shall deliver to the resident by certified mail, regular mail, or personal delivery a written notice of the violation at least 30 days before the date the resident is required to vacate the premises. The notice shall be specifically addressed to the resident in question and shall provide a specific reason for the eviction.
Md. Code, Health Occupations § 8-6A-01 — MD Code / Article gho / Title 8 / Subtitle 6A / Section 8-6A-01
§8–6A–01.
Status: reserved

§8–6A–01. IN EFFECT

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

(b) “Applicant” means, unless the context requires otherwise:

(1) An individual applying for an initial certificate by examination or endorsement;

(2) A certificate holder applying for renewal of a certificate; or

(3) An individual applying for reinstatement of a certificate in accordance with § 8–6A–10 of this subtitle.

(c) (1) “Approved dialysis technician training program” means a course of training approved by the Board that:

(i) Prepares the applicant for national certification;

(ii) Meets the requirements of 42 C.F.R. § 494.140(e)(3); and

(iii) Meets the requirements set by the Board in regulation.

(2) “Approved dialysis technician training program” includes the courses required for national certification as:

(i) A Certified Clinical Hemodialysis Technician by the Nephrology Nursing Certification Commission;

(ii) A Clinical Nephrology Technician by the National Nephrology Certification Organization; or

(iii) A Certified Hemodialysis Technician by the Board of Nephrology Examiners Nursing Technology.

(d) “Approved medication technician training program” means a course of training approved by the Board that meets the basic medication technician core curriculum and the medication technician content training specific to the setting in which the medication technician will work.

(e) “Approved nursing assistant training program” means a course of training that meets the basic nursing assistant curriculum prescribed and approved by the Board.

(f) “Board” means the State Board of Nursing.

(g) “Certificate” means a certificate issued by the Board to practice as a certified nursing assistant, a certified dialysis technician, or a certified medication technician in the State.

(h) “Certificate holder” means a certified nursing assistant, dialysis technician, or medication technician who has:

(1) An active certificate;

(2) An inactive certificate;

(3) A temporary certificate;

(4) An expired temporary certificate;

(5) An expired certificate;

(6) A lapsed certificate;

(7) A suspended certificate; or

(8) A certificate subject to a reprimand, probation, or suspension.

(i) “Certified dialysis technician” means an individual who:

(1) Has completed a Board–approved dialysis technician program; and

(2) Is certified by the Board as a dialysis technician.

(j) “Certified medication technician” means an individual who:

(1) Has completed a Board–approved medication technician training program;

(2) Is certified by the Board as a medication technician; and

(3) Subject to regulations adopted by the Board, routinely performs:

(i) Nursing tasks related to the administration of medication, delegated by a registered nurse, licensed practical nurse, or advanced practice nurse; or

(ii) Technical tasks related to the administration of medication delegated by a licensed certified midwife.

(k) “Certified medicine aide” means a certified nursing assistant who has completed a Board–approved course in medication administration.

(l) “Certified nursing assistant”:

(1) Means an individual regardless of title who, for compensation and subject to regulations adopted by the Board, routinely performs:

(i) Nursing tasks delegated by a registered nurse, licensed practical nurse, or advanced practice registered nurse; or

(ii) Technical tasks delegated by a licensed certified midwife; and

(2) Does not include a certified dialysis technician or a certified medication technician.

(m) “Department” means the Maryland Department of Health.

(n) “Expired certificate” means a certificate that was not renewed before the expiration date of the certificate as established under § 8–6A–08(a) of this title.

(o) “Geriatric nursing assistant” means a certified nursing assistant who has successfully completed the requirements for geriatric nursing assistant mandated under federal law and the regulations of the Board.

(p) “Lapsed certificate” means a certificate that was not renewed because a certificate holder failed to renew the certificate or otherwise did not meet the renewal requirements of this subtitle.

§8–6A–01. ** TAKES EFFECT APRIL 1, 2026 PER CHAPTER 416 OF 2025**

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

(b) “Applicant” means, unless the context requires otherwise:

(1) An individual applying for an initial certificate by examination or endorsement;

(2) A certificate holder applying for renewal of a certificate; or

(3) An individual applying for reinstatement of a certificate in accordance with § 8–6A–10 of this subtitle.

(c) “Approved acute care nursing assistant training program” means a course of training that meets the acute care nursing assistant curriculum approved by the Board.

(d) (1) “Approved dialysis technician training program” means a course of training approved by the Board that:

(i) Prepares the applicant for national certification;

(ii) Meets the requirements of 42 C.F.R. § 494.140(e)(3); and

(iii) Meets the requirements set by the Board in regulation.

(2) “Approved dialysis technician training program” includes the courses required for national certification as:

(i) A Certified Clinical Hemodialysis Technician by the Nephrology Nursing Certification Commission;

(ii) A Clinical Nephrology Technician by the National Nephrology Certification Organization; or

(iii) A Certified Hemodialysis Technician by the Board of Nephrology Examiners Nursing Technology.

(e) “Approved medication technician training program” means a course of training approved by the Board that meets the basic medication technician core curriculum and the medication technician content training specific to the setting in which the medication technician will work.

(f) “Approved nursing assistant training program” means a course of training that:

(1) Meets the requirements under federal and State law; and

(2) Is approved by the Board.

(g) “Board” means the State Board of Nursing.

(h) “Certificate” means a certificate issued by the Board to practice as a certified nursing assistant, a certified dialysis technician, or a certified medication technician in the State.

(i) “Certificate holder” means a certified nursing assistant, dialysis technician, or medication technician who has:

(1) An active certificate;

(2) An inactive certificate;

(3) A temporary certificate;

(4) An expired temporary certificate;

(5) An expired certificate;

(6) A lapsed certificate;

(7) A suspended certificate; or

(8) A certificate subject to a reprimand, probation, or suspension.

(j) “Certified dialysis technician” means an individual who:

(1) Has completed a Board–approved dialysis technician program; and

(2) Is certified by the Board as a dialysis technician.

(k) “Certified medication technician” means an individual who:

(1) Has completed a Board–approved medication technician training program;

(2) Is certified by the Board as a medication technician; and

(3) Subject to regulations adopted by the Board, routinely performs:

(i) Nursing tasks related to the administration of medication, delegated by a registered nurse, licensed practical nurse, or advanced practice nurse; or

(ii) Technical tasks related to the administration of medication delegated by a licensed certified midwife.

(l) “Certified medicine aide” means a certified nursing assistant who:

(1) Has completed a Board–approved course in medication administration; and

(2) Is certified as a medicine aide by the Board.

(m) (1) “Certified nursing assistant” means an individual regardless of title who, for compensation and subject to regulations adopted by the Board, routinely performs:

(i) Nursing tasks delegated by a registered nurse, licensed practical nurse, or advanced practice registered nurse; or

(ii) Technical tasks delegated by a licensed certified midwife.

(2) “Certified nursing assistant” does not include a certified dialysis technician or a certified medication technician.

(n) (1) “Certified nursing assistant–I” means a certified nursing assistant who meets the requirements set by the Board and under federal law to practice in any setting.

(2) “Certified nursing assistant–I” includes:

(i) A certified nursing assistant who was certified as a geriatric nursing assistant on March 31, 2026;

(ii) A certified medicine aide; and

(iii) A certified nursing assistant who is approved under § 8–6A–05(c)(5) of this subtitle.

(o) “Certified nursing assistant–II” means a certified nursing assistant:

(1) Who, on March 31, 2026, was certified as a nursing assistant and was not authorized to practice in a nursing facility or skilled nursing facility; and

(2) Whose authority to practice in a nursing facility or skilled nursing facility continues to be restricted because the certified nursing assistant has not been approved as a certified nursing assistant–I under § 8–6A–05(c)(5) of this subtitle.

(p) “Department” means the Maryland Department of Health.

(q) “Expired certificate” means a certificate that was not renewed before the expiration date of the certificate as established under § 8–6A–08(a) of this title.

(r) “Lapsed certificate” means a certificate that was not renewed because a certificate holder failed to renew the certificate or otherwise did not meet the renewal requirements of this subtitle.

(s) “Nursing assistant competency evaluation” means an examination approved by the Board that:

(1) Determines the competency of the individual to practice as a certified nursing assistant–I; and

(2) Meets the requirements under federal law.
Md. Code, Human Services § 8-715 — MD Code / Article ghu / Title 8 / Subtitle 7 / Section 8-715
§8–715.
Status: in_force

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

(b) (1) “Residential child care program” includes a facility or program that:

(i) provides a residential environment such as:

1. a program with a wilderness or outdoor experience, expedition, or intervention;

2. a boot camp experience or other experience designed to simulate characteristics of basic military training for correctional regimes;

3. an educational or therapeutic boarding school; or

4. a behavioral modification program; and

(ii) serves children who have a history of diagnosis of:

1. an emotional, behavioral, or mental health disorder;

2. a substance misuse or use disorder, including alcohol misuse or use disorder; or

3. an intellectual, developmental, physical, or sensory disability.

(2) “Residential child care program” does not include:

(i) a hospital licensed by the State;

(ii) a detention facility licensed by the State;

(iii) a youth correctional facility;

(iv) a substance abuse treatment facility;

(v) a foster family home:

1. that provides 24–hour substitute care for children placed away from their parents or guardians;

2. for which the State child welfare services agency has placement and care responsibility; and

3. that is licensed and regulated by the State as a foster family home; or

(vi) any other secure facility.

(c) “Youth transportation company” means a business that specializes in transporting a child to a residential child care program.
Md. Code, Labor and Employment § 8-639 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-639
§8–639.
Status: in_force

If a final judgment is rendered in favor of an employer after judicial review of an appeal under § 8-602, § 8-629, or § 8-638 of this subtitle, the Secretary shall refund to the employer, as provided in § 8-638, the amount of contributions or interest found by a court to have been collected invalidly or illegally.
Md. Code, Tax - Property § 8-215 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-215
§8–215.
Status: in_force

(a) (1) A person claiming to be aggrieved by discrimination prohibited by § 8-214 of this subtitle may file a sworn, written complaint with the Attorney General.

(2) The Attorney General or the Attorney General’s designee shall investigate all written complaints.

(3) The Attorney General may initiate an investigation of a suspected violation.

(4) If there is reasonable cause for believing that a country club or golf course has practiced or is practicing discrimination in violation of § 8-214 of this subtitle, the Attorney General or the Attorney General’s designee shall hold a hearing to determine the existence of the alleged violation.

(5) The Attorney General or the Attorney General’s designee may:

(i) administer oaths; and

(ii) issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers, records, and documents.

(b) If the Attorney General finds evidence of a pattern or practice of discrimination, the Attorney General shall make a consent agreement with the country club or golf course to end the discrimination.

(c) If a country club or golf course refuses to make a consent agreement, or breaches or violates a consent agreement, the Attorney General shall issue an order to the country club or golf course to end the discrimination.

(d) (1) If a country club or golf course fails to comply with an order issued under subsection (c) of this section, the country club or golf course may not be assessed as a country club or golf course under § 8-213 of this subtitle until the Attorney General determines that the country club or golf course complies with the order.

(2) A country club or golf course that has failed to comply with an order issued under subsection (c) of this section shall be assessed as if there were no agreement under § 8-213 of this subtitle. However, the country club or golf course is not liable for the unpaid taxes described in § 8-216 of this subtitle.

(e) A country club or golf course may appeal any action taken under this section as provided by §§ 10-222 and 10-223 of the State Government Article.

(f) (1) If a country club or golf course fails to provide information requested by the Attorney General to investigate a charge of discrimination, the Attorney General may request that the circuit court for the county in which the country club or golf course is located issue a subpoena for the information.

(2) If the circuit court finds that the information sought relates to proof of discrimination by a country club or golf course, the court shall issue a subpoena for the information.

(g) (1) After a complaint has been filed, the Attorney General may bring an action to obtain a temporary injunction.

(2) The action shall be brought in the circuit court for the county where the country club or golf course which is the subject of the alleged discrimination is located.
Md. Code, Real Property § 8-101 — MD Code / Article grp / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

A transferee of the reversion in leased property or of the rent has the same remedies by entry, action, or otherwise for nonperformance of any condition or agreement contained in the lease, as the original landlord would have had if the reversion or rent had remained in the original landlord. A transferee of the reversion in leased property is subject to the same remedies, by action or otherwise, for nonperformance of any agreement contained in the lease, as the original landlord. This section applies to any transferee of a reversion in leased property, by voluntary grant or operation of law.
Md. Code, Agriculture § 8-8A-06 — MD Code / Article gag / Title 8 / Subtitle 8A / Section 8-8A-06
§8–8A–06.
Status: in_force

(a) The Department may issue a permit to an applicant that satisfies the requirements of this subtitle.

(b) The Department may not issue a permit to an applicant if the Department determines that an applicant cannot utilize food processing residuals without:

(1) Causing undue risk to:

(i) The environment; or

(ii) Public health, safety, or welfare; or

(2) Otherwise violating this subtitle.
Md. Code, Insurance § 8-504 — MD Code / Article gin / Title 8 / Subtitle 5 / Section 8-504
§8–504.
Status: in_force

(a) The Commissioner may require a reinsurance manager to:

(1) file a bond from an insurer in an amount acceptable to the Commissioner for the protection of each reinsurer that the reinsurance manager represents; and

(2) maintain an errors and omissions policy in an amount acceptable to the Commissioner.

(b) (1) The bond required under subsection (a)(1) of this section must be written by an insurer that is authorized to write surety insurance in the State and is acceptable to the Commissioner.

(2) Subject to the approval of the Commissioner, a reinsurance manager may provide security other than a bond, including an irrevocable letter of credit, to satisfy the requirements of subsection (a)(1) of this section.
Md. Code, Criminal Law § 8-203 — MD Code / Article gcr / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

(a) A person may not make or cause to be made, directly or indirectly, a false statement in writing about the identity of the person or of another to procure the issuance of a credit card:

(1) knowing the statement to be false; and

(2) with the intent that the statement be relied on.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.
Md. Code, State Personnel and Pensions § 8-309 — MD Code / Article gsp / Title 8 / Subtitle 3 / Section 8-309
§8–309.
Status: in_force

(a) The Secretary may designate, subject to the Secretary’s salary-setting authority, those bona fide administrative, executive, and professional employees who may not receive payment for overtime work, but who may be granted compensatory time for overtime work.

(b) On or after July 1, 1989, an employee who is included in the Executive Pay Plan at a pay grade of (ES) 6 or above is not entitled to accrue any compensatory time other than as provided in § 9-205(a)(3) of this article for holiday work.

(c) A law enforcement employee of the Department of State Police holding a commissioned rank or a law enforcement employee of the Natural Resources Police holding a rank above sergeant may not receive payment for any overtime work, but may be granted compensatory time for overtime work.
Md. Code, Tax - Property § 8-421 — MD Code / Article gtp / Title 8 / Subtitle 4 / Section 8-421
§8–421.
Status: in_force

(a) When a supervisor delivers the assessments to a collector, the supervisor shall also submit to the Comptroller and the Department a statement under oath that shows the assessments of all real property in the county except operating real property.

(b) The form of the certification is determined by the Comptroller and the Department.

(c) The Department shall certify assessments of personal property and operating property to the county or municipal corporation tax collector as soon as practical after making those assessments.

(d) The form of the personal property and operating property certification is determined by the Department.
Md. Code, Environment § 8-703 — MD Code / Article gen / Title 8 / Subtitle 7 / Section 8-703
§8–703.
Status: in_force

(a) The owner of a nuclear power plant shall, for each nuclear power plant owned, remit the fees required under this section to the Department.

(b) (1) On or before July 1, 2024, and each July 1 thereafter, the owner of a nuclear power plant shall pay to the Department:

(i) Subject to paragraph (2) of this subsection, a fee of $300,000 for the operational costs of the Radiation Emergency Response Program; and

(ii) Subject to paragraphs (2) and (3) of this subsection, a fee of $60,000 for radiological emergency response preparedness.

(2) (i) Subject to subparagraph (ii) of this paragraph, the Department may annually increase the fees under paragraph (1) of this subsection in accordance with the percentage increase in the Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area during the previous year to ensure adequate funding for the operational costs of the Radiation Emergency Response Program.

(ii) The Department may not annually increase the fees under paragraph (1) of this subsection by more than 3%.

(3) The Department shall transfer the fee collected under paragraph (1)(ii) of this subsection to the Maryland Department of Emergency Management for radiological emergency response preparedness activities.

(c) Except as provided in subsection (b)(3) of this section, the fees collected under this section shall be paid into the Radiation Emergency Response Fund under § 8–704 of this subtitle.
Md. Code, Transportation § 8-320 — MD Code / Article gtr / Title 8 / Subtitle 3 / Section 8-320
§8–320.
Status: in_force

(a) Before any property is condemned under this part, the Administration shall:

(1) Complete appropriate engineering and other studies; and

(2) Prepare a construction plan that shows:

(i) The location of the highway to be constructed, improved, or reconstructed;

(ii) The length of the construction; and

(iii) The width of the right-of-way necessary for the construction.

(b) After preparing the construction plan, the Administration shall prepare plats that include:

(1) The construction plan;

(2) The fee simple and easement area to be acquired, by showing:

(i) The centerline of the construction;

(ii) The length and termini of the construction; and

(iii) The width of the necessary right-of-way on either side of the centerline; and

(3) According to information obtained by the Administration, the property lines of the property owners whose property will be affected by the acquisition.

(c) After the plats are prepared, the Administration shall:

(1) Make the engineering and real estate studies, evaluations, and investigations necessary to determine, in its opinion:

(i) The fair value of the property to be acquired; and

(ii) The fair compensation for any resulting damages to the remaining property of the owner;

(2) Prepare an estimate of this fair value and fair compensation; and

(3) Provide for payment of these estimated amounts as required by § 8-323 of this subtitle.
Md. Code, State Government § 8-411 — MD Code / Article gsg / Title 8 / Subtitle 4 / Section 8-411
§8–411.
Status: in_force

This subtitle may be cited as the Maryland Program Evaluation Act.
Md. Code, Correctional Services § 8-608 — MD Code / Article gcs / Title 8 / Subtitle 6 / Section 8-608
§8–608.
Status: in_force

This Compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this Compact shall enter into force and become effective and binding as to any other of the states upon similar action by such state.
Md. Code, Transportation § 8-621 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-621
§8–621.
Status: in_force

If any highway is constructed as a parkway or is constructed or designated as a freeway, the Administration may:

(1) Regulate, restrict, or prohibit any specific access to the parkway or freeway from any other highway, if reasonable access to the parkway or freeway from the other highway otherwise is provided;

(2) Regulate, restrict, or prohibit the use of the parkway or freeway by any class of vehicles or traffic, if an alternate route is provided for the restricted or prohibited classes; and

(3) Maintain, discontinue, abandon, close, and exercise any other powers over the parkway or freeway to the same extent and in the same manner as in the case of any other highway.