Md. Code, Estates and Trusts § 17-202 — MD Code / Article get / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

“MARYLAND STATUTORY FORM

PERSONAL FINANCIAL POWER OF ATTORNEY

IMPORTANT INFORMATION AND WARNING

You should be very careful in deciding whether or not to sign this document. The powers granted by you (the principal) in this document are broad and sweeping. This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

You need not grant all of the powers listed below. If you choose to grant less than all of the listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney and mark on that Maryland Statutory Form Limited Power of Attorney which powers you intend to delegate to your attorney–in–fact (the Agent) and which you do not want the Agent to exercise.

You should understand that granting your agent the authority to take actions under this power of attorney may:

(1) Significantly reduce your property and limit your access to your assets;

(2) Change how your property is distributed under your existing estate plans to your heirs or others on your death; or

(3) Result in tax consequences to yourself or others.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

You should obtain competent legal advice before you sign this power of attorney if you have any questions about the document or the authority you are granting to your agent.

IMPORTANT INFORMATION FOR AGENT

Simply because you are granted a power of attorney does not mean you should exercise it. You are bound by an utmost duty of loyalty to the interests of the principal. You may not act in your own self–interest. You are further limited by legal duties to the principal that govern your actions.

When exercising the authority granted in this power of attorney, you shall consider the stated intentions of the principal regarding the principal’s self–interest, family, estate, and taxes.

DESIGNATION OF AGENT

This section of the form provides for designation of one agent.

If you wish to name coagents, skip this section and use the next section (“Designation of Coagents”).

I, ___________________________________________________________________________,

(Name of Principal)

Name the following person as my agent:

Name of Agent: _______________________________________________________________

Agent’s Address: ______________________________________________________________

Agent’s Telephone Number: ___________________________________________________

DESIGNATION OF COAGENTS (OPTIONAL)

This section of the form provides for designation of two or more coagents. Coagents are required to act together unanimously unless you otherwise provide in this form.

I, ___________________________________________________________________________,

(Name of Principal)

Name the following persons as coagents:

Name of Coagent: ____________________________________________________________

Coagent’s Address: ___________________________________________________________

Coagent’s Telephone Number: _________________________________________________

Name of Coagent: ____________________________________________________________

Coagent’s Address: ___________________________________________________________

Coagent’s Telephone Number: _________________________________________________

Special Instructions Regarding Coagents: _______________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent: _____________________________________________________

Successor Agent’s

Address: _____________________________________________________________________

Successor Agent’s

Telephone Number: ___________________________________________________________

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of Second

Successor Agent: _____________________________________________________________

Second Successor

Agent’s Address: ______________________________________________________________

Second Successor Agent’s

Telephone Number: ___________________________________________________________

POWER TO APPOINT SUCCESSOR AGENT(S) IF NO AGENT OR SUCCESSOR AGENT IS ABLE TO SERVE (OPTIONAL)

ONLY IF I have INITIALED below, my agent(s) may appoint a successor agent(s).

(___) Each agent, while serving in that capacity, may appoint an individual to succeed to the agent’s office on the agent’s death, resignation, or incapacity; provided, however, that an appointment under this section becomes effective only when no other agent or successor agent designated by me is willing or able to act.

COMPENSATION (OPTIONAL)

Your agent is entitled to reimbursement for their expenses. Your agent is entitled to compensation ONLY IF you have INITIALED one of the options listed below:

(___) My agent(s) is entitled to reasonable compensation.

(___) My agent(s) is entitled to the following compensation:

GRANT OF GENERAL AUTHORITY

I (“the principal”) grant my agent and any successor agent, with respect to each subject listed below, the authority to do all acts that I could do to:

(1) Contract with another person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;

(2) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction;

(3) Seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized in this power of attorney;

(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;

(5) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;

(6) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal’s interest under a statute or regulation and communicate with representatives or employees of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal; and

(7) Do lawful acts with respect to the subject and all property related to the subject.

SUBJECTS AND AUTHORITY

My agent’s authority shall include the authority to act as stated below with regard to each of the following subjects:

Real property – With respect to this subject, I authorize my agent to: demand, buy, sell, convey, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property; pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal, including a reverse mortgage; release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted; and manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including: (1) insuring against liability or casualty or other loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and (4) purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property.

Tangible personal property, including motor vehicles, boats, planes, and other titled and untitled tangible personal property – With respect to this subject, I authorize my agent to: demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property; sell, exchange, convey with or without covenants, representations, or warranties, quitclaim, release, surrender, create a security interest in, grant options concerning, lease, sublease, or otherwise dispose of tangible personal property or an interest in tangible personal property; grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property; manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including: (1) insuring against liability or casualty or other loss; (2) obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments; (4) moving the property from place to place; (5) storing the property for hire or on a gratuitous bailment; and (6) using and making repairs, alterations, or improvements to the property; and change the form of title of an interest in tangible personal property.

Stocks and bonds – With respect to this subject, I authorize my agent to: buy, sell, and exchange stocks and bonds; establish, continue, modify, or terminate an account with respect to stocks and bonds; pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal; receive certificates and other evidences of ownership with respect to stocks and bonds; exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.

Banks and other financial institutions – With respect to this subject, I authorize my agent to: continue, modify, transact all business in connection with, and terminate an account or other banking arrangement made by or on behalf of the principal; establish, modify, transact all business in connection with, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent; contract for services available from a financial institution, including renting a safe deposit box or space in a vault; deposit by check, money order, electronic funds transfer, or otherwise with, or leave in the custody of, a financial institution money or property of the principal; withdraw, by check, money order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution; receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them; enter a safe deposit box or vault and withdraw or add to the contents; borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal’s order, transfer money, receive the cash or other proceeds of those transactions; and apply for, receive, and use credit cards and debit cards, electronic transaction authorizations, and traveler’s checks from a financial institution.

Insurance and annuities – With respect to this subject, I authorize my agent to: continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract; procure new, different, and additional contracts of insurance and annuities for the principal and select the amount, type of insurance or annuity, and mode of payment; pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent; apply for and receive a loan secured by a contract of insurance or annuity; surrender and receive the cash surrender value on a contract of insurance or annuity; exercise an election; exercise investment powers available under a contract of insurance or annuity; change the manner of paying premiums on a contract of insurance or annuity; change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section; apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal; collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity; select the form and timing of the payment of proceeds from a contract of insurance or annuity; pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or the proceeds or liability from the contract of insurance or annuity accruing by reason of the tax or assessment.

Claims and litigation – With respect to this subject, I authorize my agent to: assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief; act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value; pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.

Benefits from governmental programs or civil or military service (including any benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal; perform the acts necessary to enable the principal to qualify for a governmental benefit or program, including obtaining personal and financial records; enroll in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a governmental benefit or program; prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation; initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning a benefit or assistance the principal may be entitled to receive under a statute or regulation; and receive the financial proceeds of a claim described above and conserve, invest, disburse, or use for a lawful purpose anything so received.

Retirement plans (including a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code: (1) an individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) a Roth individual retirement account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) a deemed individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. § 408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code Section 403(b), 26 U.S.C. § 403(b); (5) a pension, profit–sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); (6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) a nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent to: select the form and timing of payments under a retirement plan and withdraw benefits from a plan; make a rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan to another; establish a retirement plan in the principal’s name; make contributions to a retirement plan; exercise investment powers available under a retirement plan; borrow from, sell assets to, or purchase assets from a retirement plan. I recognize that granting my agent the authority to create or change a beneficiary designation for a retirement plan may affect the benefits that I may receive if that authority is exercised. If I grant my agent the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a beneficiary of a retirement plan, the grant may constitute a taxable gift by me and may make the property subject to that authority taxable as a part of the agent’s estate. Therefore, if I wish to authorize my agent to create or change a beneficiary designation for any retirement plan, and in particular if I wish to authorize the agent to designate as my beneficiary the agent, the agent’s spouse, or a dependent of the agent, I will explicitly state this authority in the Special Instructions section that follows or in a separate power of attorney.

Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, federal insurance contributions act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and other tax–related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing agreements, and other powers of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year on which the statute of limitations has not run and the following 25 tax years; pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority; exercise elections available to the principal under federal, state, local, or foreign tax law; and act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.

Digital assets – With respect to this subject, in accordance with the Maryland Fiduciary Access to Digital Assets Act, my agent shall have authority over and the right to access: (1) the content of any of my electronic communications; (2) any catalogue of electronic communications sent or received by me; and (3) any other digital asset in which I have a right or interest.

Trust and estate matters – With respect to this subject:

(1) My agent may act for me in all matters that affect a trust, probate estate, escrow, custodianship, or other fund to which I am now, claim to be, or later become entitled as a beneficiary, to a share or payment, including petitions, objections, waivers, consents, receipts, settlements, and other related agreements;

(2) To the extent permitted in the trust agreement, my agent may consent to the amendment, revocation, or termination of a trust of which I am a beneficiary, or to the transfer of the assets of the trust into another trust for my benefit, and to enter into transactions with any trust created by me, for me, on my behalf, or in connection with gifts from me to others as provided in the paragraph below authorizing gifts; and to participate in either judicial or nonjudicial modification of a trust as permitted under § 14.5–111 of the Estates and Trusts Article; and

(3) My agent may create and transfer property to an intervivos revocable or irrevocable trust for my sole benefit that on my death distributes the property in a manner consistent with my existing estate plan, if any, and in accordance with Maryland law.

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

(Caution: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.)

A. Gifts or transfers – ONLY IF I have INITIALED below, my agent may make gifts or transfer ownership of my assets outright or in trust to or for the benefit of one or more of the following persons and only in the amounts specifically authorized in the next section:

(___) My agent, subject to the following conditions, if any: _________________________________________________________

_________________________________________________________

(___) My spouse

(___) My parents

(___) My grandparents

(___) My children and their descendants

(___) A nonprofit or charitable organization in a manner consistent with my previous giving history

(___) The people and charitable organizations, if any, named in my estate plan and in accordance with the terms of my estate plan that are in existence at the time the gift is made

(___) My intestate heirs who would receive my estate under Maryland law if I died a resident of Maryland without a will

(___) One or more of the following persons:

_________________________________________________________

_________________________________________________________

My agent is authorized to make gifts under this section in the following amounts ONLY IF I have INITIALED below:

(___) In an amount not to exceed $_____ per person each calendar year to the persons, nonprofits, or charitable organizations that I have specified in the section above;

(___) In an amount for each person I have specified in the section above not to exceed the annual dollar limits of the federal gift tax exclusion under § 2503(b) of the Internal Revenue Code, or if my spouse agrees to consent to a split gift, in an amount not to exceed the aggregate annual gift tax exclusion for both spouses;

(___) In an unlimited amount, for the purpose of estate planning or qualifying me for a governmental benefit or program, with such gifts to be made in a manner consistent with my existing estate plan, if any, and in accordance with State law.

Special instructions for gifting desires – You may give special instructions for gifting desires on the following lines: _____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

B. Joint accounts and beneficiary designations – I authorize my agent to do one or more of the following ONLY IF I have INITIALED below:

(____) Open a joint account with me and one or more other persons as account owners. Each owner of a joint account has full legal authority to use the account for their own benefit and on my death will become the property of the other owner(s).

(____) Create or change rights of survivorship in accounts or other assets in which I have an interest, including for the benefit of my agent, to change a beneficiary designation for any accounts or financial instruments, including life insurance policies, annuities, or retirement accounts of any nature; and to waive my right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan of any nature. In determining such rights or beneficiary interests, my agent shall consider taxes, preservation of governmental benefits or programs, or stated intentions regarding my estate.

DISCLAIMERS

For the purposes of tax planning or effectuating stated intentions regarding my estate, I authorize my agent to disclaim any interest in property I might otherwise receive, either outright or in trust, including for the benefit of my agent; any powers I have over property or as a beneficiary of any trusts (excluding any powers I possess in a fiduciary capacity); and any powers of appointment I have or may acquire excluding any testamentary power of appointment that I currently exercise in my last will and testament.

SPECIAL INSTRUCTIONS (OPTIONAL)

YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLLOWING LINES:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

TERMINATION DATE

UNLESS I have specified a termination date below, this power of attorney IS DURABLE, meaning it shall continue in full force and effect for an indefinite period of time until my revocation of this power of attorney or my death, whichever occurs first. I reserve the right to revoke this power of attorney. This power of attorney shall not terminate upon my disability. All authority of my agent(s) shall continue even if I become disabled, incompetent, or incapacitated.

This power of attorney shall terminate on ______________________________, 20____.

(Use a specific calendar date)

COPIES

A copy of this document shall have the same force and effect as the original unless provided otherwise in special instructions.

REVOCATION

I hereby revoke all other powers of attorney that I have previously executed. This section does not apply to powers of attorney executed on the same date as this power of attorney or to limited powers of attorney that apply to specific accounts or to specific property.

RELIANCE BY THIRD PARTIES

Anyone relying or acting upon this power of attorney shall be entitled to presume conclusively that it is in full force and effect unless I have given written notice to that person or entity that this power has been revoked. No one relying or acting upon this power of attorney shall be required to see to the application and disposition of any funds or other property paid to or delivered to my agent or any persons appointed by my agent. I authorize my agent to seek damages against anyone who refused to honor this power of attorney without having received notice that it has been revoked.

NOMINATION OF GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a guardian of my property or guardian of my person, I nominate the following person(s) for appointment:

Name of nominee for guardian of my property: __________________________________

Nominee’s address: ___________________________________________________________

Nominee’s telephone number: _________________________________________________

Name of nominee for guardian of my person: ____________________________________

Nominee’s address: ___________________________________________________________

Nominee’s telephone number: _________________________________________________

DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE (OPTIONAL)

If I am incapacitated within the meaning of § 17–101 of the Estates and Trusts Article, I designate the following person as my agent for purposes of making the election to take an elective share of an estate subject to election under § 3–403 of the Estates and Trusts Article:

Name of designated agent: _____________________________________________________

Designated agent’s address: ____________________________________________________

Designated agent’s telephone number: __________________________________________

SIGNATURE AND ACKNOWLEDGMENT

________________________________________ __________________________

Your Signature Date

______________________________________________________________________________

Your Name Printed

____________________________________________________________________________________________________________________________________________________________

Your Address

______________________________________________________________________________

Your Telephone Number

STATE OF MARYLAND

(COUNTY) OF _______________________________________________________________

This document was acknowledged before me on

__________________________

(Date)

By ______________________________________ to be his/her act.

(Name of Principal)

____________________________________________ (SEAL, IF ANY)

Signature of Notary

My commission expires: _____________________

WITNESS ATTESTATION

The foregoing power of attorney was, on the date written above, published and declared by

____________________________________________

(Name of Principal)

in our presence to be his/her power of attorney. We, in his/her presence and at his/her request, and in the presence of each other, have attested to the same and have signed our names as attesting witnesses.

____________________________________________

Witness #1 Signature

____________________________________________

Witness #1 Name Printed

____________________________________________

____________________________________________

Witness #1 Address

____________________________________________

Witness #1 Telephone Number

____________________________________________

Witness #2 Signature

____________________________________________

Witness #2 Name Printed

____________________________________________

____________________________________________

Witness #2 Address

____________________________________________

Witness #2 Telephone Number”
Md. Code, Business Regulation § 17-2102 — MD Code / Article gbr / Title 17 / Subtitle 21 / Section 17-2102
§17–2102.
Status: in_force

A person may not do any business in the State for which a license is required under this title unless the person has an appropriate license.
Md. Code, Land Use § 17-109 — MD Code / Article glu / Title 17 / Subtitle 1 / Section 17-109
§17–109.
Status: in_force

The Commission shall condemn property using the procedures for condemnation of land by a public service company in accordance with Title 12 of the Real Property Article.
Md. Code, Health - General § 17-202.1 — MD Code / Article ghg / Title 17 / Subtitle 2 / Section 17-202.1
§17–202.
Status: in_force

§17–202.1.

(a) On written request of an individual to a medical laboratory for a copy of the results of a laboratory examination of that individual, the medical laboratory shall send a copy of those results that are sought to that individual.

(b) (1) If the results of a laboratory examination are contained in or will be filed in a medical record, as defined in § 4-301 of this article, the request for a copy of the results shall be made to the facility pursuant to the provisions of § 4-302 of this article.

(2) In all other cases, the medical laboratory may require the individual requesting a copy of the results to pay the prevailing cost of copying and transmitting the copy.

(c) The medical laboratory shall notify the individual’s physician before sending the results to the individual.
Md. Code, Health - General § 17-201 — MD Code / Article ghg / Title 17 / Subtitle 2 / Section 17-201
§17–201.
Status: in_force

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

(b) “License” means a permit, letter of exception, certificate, or other document issued by the Secretary granting approval or authority to:

(1) Offer or perform medical laboratory tests or examinations in this State;

(2) Offer or perform medical laboratory tests or examinations on specimens acquired from health care providers in this State at a medical laboratory located outside this State; or

(3) Represent or service in this State a medical laboratory regardless of the laboratory’s location.

(c) (1) “Medical laboratory” means any facility, entity, or site that offers or performs tests or examinations in connection with the diagnosis and control of human diseases or the assessment of human health, nutritional, or medical conditions or in connection with job-related drug and alcohol testing.

(2) “Medical laboratory” includes any laboratory owned or operated by the State or owned or operated by a county or municipal corporation in the State.
Md. Code, Business Occupations and Professions § 17-313 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-313
§17–313.
Status: in_force

(a) A licensed real estate salesperson may obtain an additional real estate salesperson license and become affiliated with an additional licensed real estate broker as a real estate salesperson, if the salesperson:

(1) obtains, from an additional licensed real estate broker, a commitment providing that the salesperson shall become affiliated with the broker as a real estate salesperson on the granting of an additional real estate salesperson license to the salesperson;

(2) gives each real estate broker with whom the salesperson currently is affiliated written notice that the salesperson intends to affiliate with an additional real estate broker; and

(3) complies with the application procedures under subsection (j) of this section.

(b) A licensed real estate salesperson may obtain an associate real estate broker license and become affiliated with an additional licensed real estate broker as an associate real estate broker, if the salesperson:

(1) (i) meets the requirements for an associate real estate broker license under § 17–304 of this subtitle;

(ii) gives each real estate broker with whom the salesperson currently is affiliated written notice that the salesperson intends to affiliate with an additional real estate broker; and

(iii) complies with the application procedures under § 17–307 of this subtitle; or

(2) (i) has previously held an associate real estate broker license or a real estate broker license;

(ii) has held a license continuously since initially being licensed as an associate real estate broker or a real estate broker;

(iii) obtains, from an additional licensed real estate broker, a commitment providing that the salesperson shall become affiliated with the broker as an associate real estate broker on the granting of an associate real estate broker license to the salesperson;

(iv) gives each real estate broker with whom the salesperson currently is affiliated written notice that the salesperson intends to affiliate with an additional real estate broker; and

(v) complies with the application procedures under subsection (j) of this section.

(c) A licensed real estate salesperson may obtain a real estate broker license, if the salesperson:

(1) (i) meets the requirements for a real estate broker license under § 17–305 of this subtitle;

(ii) gives each real estate broker with whom the salesperson currently is affiliated written notice that the salesperson intends to obtain a real estate broker license; and

(iii) complies with the application procedures under § 17–307 of this subtitle; or

(2) (i) has previously held an associate real estate broker license or a real estate broker license;

(ii) has held a license continuously since initially being licensed as an associate real estate broker or a real estate broker;

(iii) gives each real estate broker with whom the salesperson currently is affiliated written notice that the salesperson intends to obtain a real estate broker license; and

(iv) complies with the application procedures under subsection (j) of this section.

(d) A licensed associate real estate broker may obtain an additional associate real estate broker license and become affiliated with an additional licensed real estate broker as an associate real estate broker, if the associate broker:

(1) obtains, from an additional licensed real estate broker, a commitment providing that the associate broker shall become affiliated with the broker as an associate real estate broker on the granting of an additional associate real estate broker license to the associate broker;

(2) gives each real estate broker with whom the associate broker currently is affiliated written notice that the associate broker intends to affiliate with an additional real estate broker; and

(3) complies with the application procedures under subsection (j) of this section.

(e) A licensed associate real estate broker may obtain a real estate salesperson license and become affiliated with an additional licensed real estate broker as a real estate salesperson, if the associate broker:

(1) obtains, from an additional licensed real estate broker, a commitment providing that the associate broker shall become affiliated with the broker as a real estate salesperson on the granting of a real estate salesperson license to the associate broker;

(2) gives each real estate broker with whom the associate broker currently is affiliated written notice that the associate broker intends to affiliate with an additional real estate broker; and

(3) complies with the application procedures under subsection (j) of this section.

(f) A licensed associate real estate broker may obtain a real estate broker license, if the associate broker:

(1) gives each real estate broker with whom the associate broker currently is affiliated written notice that the associate broker intends to obtain a real estate broker license; and

(2) complies with the application procedures under subsection (j) of this section.

(g) A licensed real estate broker may obtain a real estate salesperson license and become affiliated with another licensed real estate broker as a real estate salesperson, if the broker:

(1) obtains, from another licensed real estate broker, a commitment providing that the broker shall become affiliated with the other broker as a real estate salesperson on the granting of a real estate salesperson license to the broker; and

(2) complies with the application procedures under subsection (j) of this section.

(h) A licensed real estate broker may obtain an associate real estate broker license and become affiliated with another licensed real estate broker as an associate real estate broker, if the broker:

(1) obtains, from another licensed real estate broker, a commitment providing that the broker shall become affiliated with the other broker as an associate real estate broker on the granting of an associate real estate broker license to the broker; and

(2) complies with the application procedures under subsection (j) of this section.

(i) (1) A licensed real estate broker shall obtain a real estate broker license for each real estate brokerage operated by the real estate broker.

(2) In order to receive an additional real estate broker license, a licensed real estate broker shall comply with the application procedures under subsection (j)(1), (4), and (5) of this section.

(j) To obtain an additional license, a qualified licensee shall:

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

(2) if applying for a real estate salesperson or associate real estate broker license, submit to the Commission adequate evidence that the licensee has obtained, from a licensed real estate broker, a commitment providing that the licensee shall become affiliated with the broker as a real estate salesperson or an associate real estate broker on the granting of an additional license to the licensee;

(3) if currently licensed as a real estate salesperson or an associate real estate broker, submit to the Commission a copy of the written notice informing each real estate broker with whom the licensee currently is affiliated that the licensee intends to affiliate with an additional real estate broker or obtain a real estate broker license;

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

(5) submit to the Commission any additional information or documentation that the Commission requires.

(k) On compliance by the applicant with the procedures of this section, the Commission shall grant an appropriate new license to each individual who meets the applicable requirements under this subtitle.

(l) The Commission shall issue an appropriate license certificate and pocket card to each individual who has been granted a license under subsection (k) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 17-1503 — MD Code / Article gab / Title 17 / Subtitle 15 / Section 17-1503
§17–1503.
Status: in_force

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

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

(2) each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters.
Md. Code, Health - General § 17-214 — MD Code / Article ghg / Title 17 / Subtitle 2 / Section 17-214
§17–214.
Status: in_force

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

(2) “Alcohol or controlled dangerous substance testing” means a procedure used to determine whether or not a specimen contains a controlled dangerous substance or alcohol.

(3) “Certification” means the approval granted by the Department for a laboratory to engage in job–related alcohol or controlled dangerous substance testing.

(4) “Controlled dangerous substance” has the meaning stated in § 5–101 of the Criminal Law Article.

(5) “Job applicant” means an individual who:

(i) Has applied for a position with an employer; and

(ii) Is not currently employed by the employer.

(6) “Job–related” means any alcohol or controlled dangerous substance testing used by an employer for a legitimate business purpose.

(7) “Laboratory” means a facility or other entity that conducts job–related alcohol or controlled dangerous substance testing.

(8) “Medical review officer” means a licensed physician with knowledge of drug abuse disorders and drug and alcohol testing.

(9) “Preliminary screening procedure” means a controlled dangerous substance test that uses a single–use test device that:

(i) Is easily portable and can be administered at a work site or other appropriate collection site;

(ii) Meets the requirements of the federal Food and Drug Administration for commercial distribution; and

(iii) Meets generally accepted cutoff levels such as those in the federal Substance Abuse and Mental Health Services Administration Guidelines for drug–free workplace testing programs.

(10) “Single–use test device” means the reagent–containing unit of a test system that:

(i) Is in the form of a sealed container or cartridge that has a validity check, a nonresealable closure, or an evidentiary tape that ensures detection of any tampering;

(ii) Is self–contained and individually packaged;

(iii) Is discarded after each test; and

(iv) Does not allow any test component or constituent of a test system to interact between tests.

(11) “Specimen” means:

(i) Blood derived from the human body;

(ii) Urine derived from the human body;

(iii) Hair derived from the human body as provided in subsection (b)(3) of this section; or

(iv) Saliva derived from the human body.

(b) (1) Except as provided in paragraph (2) of this subsection, an employer who requires any person to be tested for job–related reasons for the use or abuse of any controlled dangerous substance or alcohol shall:

(i) Have the specimen tested by a laboratory that:

1. Holds a permit under this subtitle; or

2. Is located outside of the State and is certified or otherwise approved under subsection (f) of this section; and

(ii) At the time of testing, at the person’s request, inform the person of the name and address of the laboratory that will test the specimen.

(2) (i) 1. Except as provided in subsubparagraph 2 of this subparagraph, an employer may use a preliminary screening procedure to test a job applicant for the use or abuse of any controlled dangerous substance.

2. Subsubparagraph 1 of this subparagraph does not apply to an employer that has entered into a collective bargaining agreement that prohibits the employer from using a preliminary screening procedure to test a job applicant for the use or abuse of any controlled dangerous substances.

(ii) If the result of a preliminary screening procedure is positive, the employer shall submit the specimen for testing by a laboratory as required under paragraph (1) of this subsection.

(iii) Following voluntary disclosure and documentation by an applicant of the taking of a legally prescribed medication, an employer may hire the applicant pending confirmation of a positive test result by the medical laboratory and review by the employer’s medical review officer.

(iv) An employer may not use a preliminary screening procedure to test an individual who is not applying for a job with that employer.

(v) An employer may designate a medical laboratory licensed to perform job–related testing for controlled dangerous substances to also perform preliminary screening procedures on job applicants for the employer.

(3) (i) An employer who requires any person to be tested for job–related reasons for the use or abuse of any controlled dangerous substance may use hair derived from the human body as a specimen in accordance with this paragraph.

(ii) An employer may use hair derived from the human body only for pre–employment purposes.

(iii) If an employer uses hair derived from the human body as a specimen, the employer may not:

1. Use a specimen that is longer than one and one–half inches measured from the human body; or

2. Use the specimen for any purpose other than testing for controlled dangerous substances.

(c) (1) An employer who requires any employee, contractor, or other person to be tested for job–related reasons for the use or abuse of any controlled dangerous substance or alcohol and who receives notice from the laboratory under subsection (b) of this section that an employee, contractor, or other person has tested positive for the use or abuse of any controlled dangerous substance or alcohol shall, after confirmation of the test result, provide the employee, contractor, or other person with:

(i) A copy of the laboratory test indicating the test results;

(ii) A copy of the employer’s written policy on the use or abuse of controlled dangerous substances or alcohol by employees, contractors, or other persons;

(iii) If applicable, written notice of the employer’s intent to take disciplinary action, terminate employment, or change the conditions of continued employment; and

(iv) A statement or copy of the provisions set forth in subsection (e) of this section permitting an employee to request independent testing of the same sample for verification of the test result.

(2) The information required to be provided to the employee, contractor, or other person under paragraph (1) of this subsection shall be delivered to the employee, contractor, or other person:

(i) Either in person or by certified mail; and

(ii) Within 30 days from the date the test was performed.

(d) An employer that uses a preliminary screening procedure to test specimens for the use or abuse of a controlled dangerous substance under this section shall:

(1) In using a single–use test device, collect, handle, store, and ship each specimen in a manner that:

(i) Maintains the specimen donor’s identity and confidentiality and the physical integrity of the specimen; and

(ii) Precludes contamination of the specimen; and

(2) Maintain a written record of the chain of custody of each specimen from the time that the specimen is collected until the time that the specimen is no longer needed for retesting.

(e) (1) A person who is required to submit to job–related testing, under subsection (b) or (c) of this section, may request independent testing of the same specimen for verification of the test results by a laboratory that:

(i) Holds a permit under this subtitle; or

(ii) If located outside of the State, is certified or otherwise approved under subsection (f) of this section.

(2) The person shall pay the cost of an independent test conducted under this subsection.

(f) (1) The Maryland Department of Health:

(i) Shall adopt regulations governing the certification of laboratories that conduct job–related alcohol or controlled dangerous substance testing; and

(ii) May adopt regulations governing the oversight of preliminary screening procedures administered by employers.

(2) In addition to any other laboratory standards, the regulations shall:

(i) Require that the laboratory comply with the guidelines for laboratory accreditation, if any, as set forth by the College of American Pathologists, the Centers for Medicare and Medicaid Services, or any other government agency or program designated to certify or approve a laboratory that is acceptable to the Secretary;

(ii) Require that a laboratory performing confirmation tests for controlled dangerous substances or alcohol be inspected and accredited in forensic drug analysis by the College of American Pathologists, the Centers for Medicare and Medicaid Services, or any other government agency or program designated to inspect and accredit a laboratory that is acceptable to the Secretary;

(iii) Require that, if the laboratory performs job–related drug testing, the laboratory be a participant in a program of proficiency testing of drug screening conducted by an organization acceptable to the Secretary;

(iv) Require that the laboratory comply with standards regarding cutoff levels for positive testing that are established by the United States Department of Health and Human Services or established by the Secretary as mandatory guidelines for workplace drug testing programs; and

(v) Include procedures for inspection.

(g) This section does not apply to:

(1) Alcohol or controlled dangerous substance testing of a person under arrest or held by a law enforcement or correctional agency;

(2) Alcohol testing procedures conducted by a law enforcement or correctional agency on breath testing equipment certified by the toxicologist in the Department of State Police Forensic Sciences Division; or

(3) Controlled dangerous substance testing by a laboratory facility of a law enforcement or correctional agency that maintains laboratory testing standards comparable to the standards in this section.

(h) This section applies to job–related alcohol and controlled dangerous substance testing of any person, including preemployment applicants, employees, and contractors.

(i) (1) Except as provided in paragraphs (2) and (3) of this subsection, in the course of obtaining information for, or as a result of, conducting job–related alcohol or controlled dangerous substance testing for an employer under this section, a laboratory, a physician, including a physician retained by the employer, or any other person may not reveal to the employer information regarding:

(i) The use of a nonprescription drug, excluding alcohol, that is not prohibited under the laws of the State; or

(ii) The use of a medically prescribed drug, unless the person being tested is unable to establish that the drug was medically prescribed under the laws of the State.

(2) The prohibitions against disclosure of information under paragraph (1) of this subsection do not apply to the extent that they prevent a person from complying with the applicable provisions of the federal Commercial Motor Vehicle Safety Act of 1986 and the federal Motor Carrier Safety Regulations.

(3) The prohibitions against disclosure of information under paragraph (1) of this subsection do not apply if, prior to the administration of a preliminary screening for controlled dangerous substances, the test operator notifies the applicant that if the preliminary test is positive, the applicant may voluntarily disclose and provide documentation to the operator that the applicant is taking a legally prescribed medication.

(j) (1) An employer using preliminary screening procedures to test job applicants under this section shall have a medical review officer review a positive test result after laboratory confirmation of the positive test result.

(2) The employer may contract for the services of an outside medical review officer if the employer does not have a medical review officer on staff.

(k) (1) An employer using preliminary screening procedures shall establish a program to train individuals to collect specimens and perform controlled dangerous substance tests in the workplace.

(2) The employer may designate an employee or any other individual to be trained, including any individual employed by a medical laboratory designated under subsection (b)(2)(v) of this section who will perform preliminary screening procedures for the employer.

(3) A trainee shall receive appropriate and practical instruction, which includes:

(i) A reading of the test manufacturer’s package insert sheet;

(ii) Observing the test manufacturer’s training video or receiving training from the test manufacturer;

(iii) Completing the test manufacturer’s self–administered test; and

(iv) The actual performance of tests and the actual interpretation of the results.

(4) (i) The employer shall:

1. Keep a record of the training received by each trainee; and

2. Establish a procedure for training each trainee as having received the minimum training required to properly perform the test.

(ii) After the trainee has demonstrated competency in performing the test, the employer shall maintain documentation that indicates that the trainee has been trained under this section.

(l) The provisions of a collective bargaining agreement that concern drug testing override and preempt the provisions of this section that authorize an employer to use a preliminary screening procedure to test a job applicant.
Md. Code, Business Occupations and Professions § 17-612 — MD Code / Article gbo / Title 17 / Subtitle 6 / Section 17-612
§17–612.
Status: in_force

A corporation, partnership, or other association may not:

(1) commit or cause any other person to commit any act that constitutes a ground for disciplinary action against a licensee under § 17-322 or § 17-328 of this title; or

(2) violate or cause any other person to violate any other provision of this title.
Md. Code, Health Occupations § 17-302 — MD Code / Article gho / Title 17 / Subtitle 3 / Section 17-302
§17–302.
Status: in_force

(a) To qualify for a license to practice clinical alcohol and drug counseling, an applicant shall be an individual who meets the requirements of this section.

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

(c) The applicant shall be at least 18 years old.

(d) Except as provided in § 17–305 of this subtitle, the applicant shall:

(1) Hold a master’s or doctoral degree in a professional counseling field from an accredited educational institution that is approved by the Board; and

(2) Have completed any additional educational requirements established by the Board in regulation.

(e) The applicant shall:

(1) Have completed not less than 2 years with a minimum of 2,000 hours of supervised experience in alcohol and drug counseling, which shall have been completed after the award of the master’s or doctoral degree; and

(2) Provide documentation as required by the Board evidencing the completion of the postgraduate experience required under item (1) of this subsection.

(f) The applicant shall provide documentation to the Board evidencing the completion of any educational requirements established by the Board in regulation, completed at an accredited educational institution approved by the Board.

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

(1) An examination approved by the Board; and

(2) The law examination on this title administered by the Board.
Md. Code, Health Occupations § 17-510 — MD Code / Article gho / Title 17 / Subtitle 5 / Section 17-510
§17–510.
Status: in_force

(a) If after a hearing under § 17–511 of this subtitle the Board finds that there are grounds under § 17–509 of this subtitle to place any licensee or certificate holder on probation, reprimand any licensee or certificate holder, or suspend or revoke a license or certificate, the Board may impose a penalty not exceeding $5,000:

(1) Instead of placing the licensee or certificate holder on probation, reprimanding the licensee or certificate holder, or suspending or revoking the license or certificate; or

(2) In addition to placing the licensee or certificate holder on probation, reprimanding the licensee or certificate holder, or suspending or revoking the license or certificate.

(b) The Board shall adopt regulations to set standards for the imposition of penalties under this section.

(c) The Board shall pay any money collected under this section into the General Fund of the State.
Md. Code, Local Government § 17-303 — MD Code / Article glg / Title 17 / Subtitle 3 / Section 17-303
§17–303.
Status: in_force

The Pool consists of:

(1) money of authorized participants that is deposited in the Pool; and

(2) money of the State that is deposited in the Pool by the State Treasurer.
Md. Code, Business Regulation § 17-916 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-916
§17–916.
Status: in_force

(a) Part III of this subtitle applies only in Calvert County.

(b) Part III of this subtitle does not apply to sales by producers of their own vegetables or other perishable farm products.
Md. Code, Business Regulation § 17-1805 — MD Code / Article gbr / Title 17 / Subtitle 18 / Section 17-1805
§17–1805.
Status: in_force

(a) (1) In Baltimore County, the clerk may not issue a trader’s license for the first time without the approval of the zoning commissioner.

(2) In an area of Cecil County where the Cecil County Office of Planning and Zoning has jurisdiction, the clerk may not issue a trader’s license for the first time until the applicant has obtained zoning approval from that office.

(3) (i) In Howard County, the clerk may not issue a trader’s license for the first time without the approval of the Director of the Office of Planning and Zoning.

(ii) Within 3 working days after an application for a trader’s license is submitted for review to the Director of the Office of Planning and Zoning, the Director shall notify the clerk of the approval or disapproval of the application.

(4) In Calvert County, the clerk may not issue a trader’s license without the approval of the Director of the Office of Planning and Zoning for all new licenses and for any changes to a location for an existing license.

(b) The clerk shall indicate on each trader’s license the place where the licensed trader may do business as a trader.

(c) (1) This subsection does not apply to a county or municipal corporation that selects a uniform license fee under § 17–1806 of this subtitle.

(2) A clerk may not issue a trader’s license until the clerk reviews the accuracy of the statement made by the applicant on the application for a trader’s license under § 17–1804 of this subtitle regarding the place where the applicant will do business as a trader.
Md. Code, Business Regulation § 17-918 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-918
§17–918.
Status: in_force

(a) (1) An applicant for a peddler license shall pay to the clerk a license fee of:

(i) $75, if the applicant sells at wholesale; or

(ii) $150, if the applicant sells at retail.

(2) An applicant for a magazine seller license shall pay to the clerk a license fee of $50.

(b) The clerk shall pay all money collected under this subtitle to the County Treasurer of Calvert County to be placed in the general fund of Calvert County.
Md. Code, State Finance and Procurement § 17-213 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-213
§17–213.
Status: in_force

(a) Before entering into a public work contract, a public body shall require that the public work contract include a clause for payment:

(1) to a worker, of at least the prevailing wage rate; and

(2) to an apprentice, of at least the rate that the Council sets for an apprentice based on a percentage of the prevailing wage rate for a mechanic in that trade.

(b) A public body shall require bonds on public work contracts to guarantee the faithful performance of the prevailing wage rate clause of the public work contract.
Md. Code, Public Utilities § 17-302 — MD Code / Article gpu / Title 17 / Subtitle 3 / Section 17-302
§17–302.
Status: in_force

It is the policy of the Commission that the Commission shall make a payment in accordance with any authorized, written procurement contract to the contractor within 30 calendar days after the receipt date of a proper invoice.
Md. Code, Local Government § 17-102 — MD Code / Article glg / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

(a) In this section, “other postemployment benefits” means:

(1) postemployment health care benefits; and

(2) postemployment benefits provided separately from a pension plan.

(b) Notwithstanding § 17–101 of this subtitle, the trustees or other officers in charge of a pension or retirement system or fund, other postemployment benefits fund, trust fund account, fund for self–insurance purposes, or facility closure reserve fund of a political subdivision of the State, a unit of a political subdivision of the State, or the Upper Potomac River Commission:

(1) may:

(i) invest and reinvest money in their custody or control as provided by:

1. a law enacted by the governing body of the political subdivision; or

2. in the case of the Upper Potomac River Commission, rules or procedures established by the Commission; and

(ii) sell, redeem, or exchange an investment or reinvestment made under this item; and

(2) shall comply with fiduciary standards that at least meet the standards in Title 21, Subtitle 2 of the State Personnel and Pensions Article in connection with money in their custody or control.

(c) (1) Notwithstanding any other law, a political subdivision of the State or a unit of a political subdivision of the State may enter into an agreement with a third party contractor or vendor for the management or investment of money intended for other postemployment benefits.

(2) An agreement entered into under this subsection includes the authority to:

(i) create pooled investments under the stewardship of:

1. a political subdivision of the State or a unit of a political subdivision of the State; or

2. a separate body under an agreement with a political subdivision of the State;

(ii) create one or more accounts to be managed in coordination with other funds or investments by a third party under an agreement with a political subdivision of the State; and

(iii) create distinct funding accounts for payment on behalf of employees of a unit of a political subdivision of the State under an agreement with the political subdivision.

(d) (1) Notwithstanding any other law, a political subdivision of the State or a unit of a political subdivision of the State may enter into an agreement with a third party contractor or vendor for the management or investment of money in a facility closure reserve fund.

(2) An agreement entered into under this subsection includes the authority to:

(i) create pooled investments under the stewardship of:

1. a political subdivision of the State or a unit of a political subdivision of the State; or

2. a separate body under an agreement with a political subdivision of the State; and

(ii) create one or more accounts to be managed in coordination with other funds or investments by a third party under an agreement with a political subdivision of the State.
Md. Code, Health - General § 17-509 — MD Code / Article ghg / Title 17 / Subtitle 5 / Section 17-509
§17–509.
Status: in_force

(a) The Secretary may deny a permit to an applicant or suspend or revoke an existing permit for failure to comply with the provisions of this subtitle and any regulation adopted under this subtitle.

(b) Except as otherwise provided in the Administrative Procedure Act, before the Secretary takes any action under this section, the Secretary shall give the applicant or permit holder notice and an opportunity for a hearing.
Md. Code, Public Utilities § 17-602 — MD Code / Article gpu / Title 17 / Subtitle 6 / Section 17-602
§17–602.
Status: in_force

There is an Office of the Inspector General in the Commission.
Md. Code, Commercial Law § 17-302 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-302
§17–302.
Status: in_force

(a) Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed for more than 3 years after the funds first become due and payable in accordance with:

(1) The insurance policy or annuity contract; or

(2) Section 16–118 of the Insurance Article.

(b) For purposes of this subtitle, a life or endowment insurance policy or annuity contract not matured by actual proof of the death of the insured or annuitant according to the records of the insurance company is matured and the proceeds due and payable if:

(1) The company knows that the insured or annuitant has died; or

(2) (i) The insured has attained, or would have attained if the insured were living, the limiting age under the mortality table on which the reserve is based;

(ii) The policy was in force at the time the insured attained, or would have attained, the limiting age specified in item (i) of this paragraph; and

(iii) Neither the insured nor any other person appearing to have an interest in the policy within the preceding 3 years, according to the records of the company, has assigned, readjusted, or paid premiums on the policy, subjected the policy to a loan, corresponded in writing with the company concerning the policy, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the company.

(c) (1) (i) “Unclaimed funds”, as defined in paragraph (2) of this subsection, held by a fire, casualty, or surety insurance corporation, shall be presumed abandoned if the last known address of the person entitled to the funds, according to the records of the corporation, is in this State.

(ii) If a person other than the insured, the principal, or the claimant is entitled to the funds and the address of the person is not known to the corporation or if it is not definite and certain from the records of the corporation which person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the principal, or the claimant according to the records of the corporation.

(2) “Unclaimed funds”, as used in this subsection, means all money held by any fire, casualty, or surety insurance corporation unclaimed and unpaid for more than 3 years after the money becomes due and payable, as established from the records of the corporation, either to an insured, a principal, or a claimant under any fire, casualty, or surety insurance policy or contract.

(d) Money otherwise payable according to the records of the corporation is considered due and payable although the policy or contract has not been surrendered as required.
Md. Code, Local Government § 17-203 — MD Code / Article glg / Title 17 / Subtitle 2 / Section 17-203
§17–203.
Status: in_force

This subtitle applies to the following governmental entities:

(1) each county;

(2) each municipality;

(3) each community college other than the Baltimore City Community College;

(4) each regional community college established under Title 16, Subtitle 2 of the Education Article;

(5) the Washington Suburban Sanitary Commission;

(6) a public corporation authorized to issue debt; and

(7) an authority of the State authorized to issue debt.
Md. Code, Business Regulation § 17-601 — MD Code / Article gbr / Title 17 / Subtitle 6 / Section 17-601
§17–601.
Status: in_force

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

(b) “Construction license” means a license issued by the clerk to do construction business.

(c) (1) “Do construction business” means to agree to:

(i) pave or curb a sidewalk, street, or other public or private property;

(ii) excavate earth, rock, or other material for a foundation or other purpose; or

(iii) do work on or in a building or other structure that requires the use of a building material, including:

1. paint;

2. stone;

3. brick;

4. mortar;

5. wood;

6. cement;

7. structural iron;

8. structural steel;

9. sheet iron;

10. galvanized iron;

11. metallic piping;

12. tin;

13. lead;

14. electric wiring; or

15. any other metal.

(2) “Do construction business” does not include home improvement as defined in § 8–101 of this article.

(d) “Nonresident construction license” means a construction license issued by the clerk to a person who is incorporated or has its principal office in another state.
Md. Code, Business Regulation § 17-1702 — MD Code / Article gbr / Title 17 / Subtitle 17 / Section 17-1702
§17–1702.
Status: in_force

(a) Notwithstanding any other provision of law, the owner or operator of a micro market may not be required to have a person in charge present during the hours of operation of the micro market if the micro market meets the requirements of this section.

(b) Food sold at a micro market shall:

(1) be commercially prepackaged food or ready–to–eat food;

(2) be prepackaged in tamper–evident packaging; and

(3) contain the following information on the packaging label:

(i) nutrition information required by the Federal Food, Drug, and Cosmetic Act;

(ii) a freshness or expiration date; and

(iii) any other information required under Title 21, Subtitle 2 of the Health – General Article.

(c) Refrigerated or frozen food sold at a micro market shall be stored and displayed in a refrigerator, refrigerated cooler, or freezer that:

(1) maintains an internal temperature:

(i) of 41 degrees Fahrenheit or lower; or

(ii) for food safety determined by the Maryland Department of Health;

(2) has self–closing doors;

(3) has doors that allow the food on display to be viewed without opening the door to the refrigerator, refrigerated cooler, or freezer; and

(4) has an automated self–locking feature that prevents a consumer from accessing the food on the occurrence of any condition that results in the failure of the refrigerator, refrigerated cooler, or freezer to maintain the internal temperature required under item (1) of this subsection.

(d) (1) The owner or operator of a micro market shall post a sign that is clearly visible to the consumer near the micro market entryway or while using the electronic payment device that includes the following information:

(i) the name of the owner or operator of the micro market to whom complaints and comments regarding the micro market may be addressed;

(ii) the business mailing address of the owner or operator;

(iii) the business telephone number of the owner or operator; and

(iv) the e–mail address and website address of the owner or operator, if applicable.

(2) The sign posted under paragraph (1) of this subsection shall be in English and, at the discretion of the owner or operator of the micro market, in any other language of the consumers of the micro market.
Md. Code, Business Occupations and Professions § 17-548 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-548
§17–548.
Status: in_force

Team members must conduct all real estate brokerage activities from the office or branch office where their licenses are displayed as provided in § 17–317 of this title.
Md. Code, Business Regulation § 17-1009 — MD Code / Article gbr / Title 17 / Subtitle 10 / Section 17-1009
§17–1009.
Status: in_force

(a) (1) This section applies to all junk dealers and scrap metal processors doing business in the State, including nonresident junk dealers and nonresident scrap metal processors.

(2) (i) Subject to subparagraph (ii) of this paragraph, this section applies to an automotive dismantler and recycler or scrap metal processor licensed under Title 15, Subtitle 5 of the Transportation Article if the automotive dismantler and recycler or scrap metal processor:

1. conducts business as a licensed junk dealer or scrap metal processor;

2. acquires vehicle parts that qualify as junk or scrap metal as defined under § 17–1001(f) of this subtitle; or

3. acquires articles that are listed, or made of metals that are listed, in § 17–1001(f) of this subtitle.

(ii) Subsection (b)(2) of this section applies to any automotive dismantler and recycler or scrap metal processor licensed under Title 15, Subtitle 5 of the Transportation Article if all or part of a detached catalytic converter is acquired by the automotive dismantler and recycler or scrap metal processor from a person.

(3) This section does not apply to:

(i) except as provided in paragraph (2)(ii) of this subsection, an automotive dismantler and recycler or scrap metal processor that only acquires whole vehicles for the purpose of dismantling, destroying, or scrapping them for the benefit of their parts or the materials in them; or

(ii) a person that buys scrap metal to use as raw material to produce 1,000,000 tons of steel or more in the State per calendar year.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, this section preempts the right of a county or municipality to regulate the resale of junk or scrap metal.

(ii) This section does not limit the power of a county or municipality to license junk dealers and scrap metal processors.

(iii) This section supersedes any existing law of a county or municipality that regulates the resale of junk or scrap metal.

(b) (1) For each purchase of junk or scrap metal in the State, a junk dealer or scrap metal processor shall keep an accurate record in English.

(2) The record shall state:

(i) the date and time of purchase;

(ii) a description of the junk or scrap metal purchased, including:

1. the type and grade of the junk or scrap metal;

2. if payment is based on weight, the weight of each type and grade of junk or scrap metal; and

3. if the junk or scrap metal includes all or part of a detached catalytic converter, the vehicle identification number of the vehicle from which it was obtained;

(iii) the amount paid or other consideration for the junk or scrap metal;

(iv) the registration plate number, make, and model of any vehicle used;

(v) the name and address of the individual from whom the junk or scrap metal is acquired;

(vi) the signature of:

1. the individual from whom the junk or scrap metal is acquired; and

2. the junk dealer, scrap metal processor, or employee who accepted the junk or scrap metal; and

(vii) for each individual from whom the junk dealer or scrap metal processor acquires junk or scrap metal:

1. the date of birth and driver’s license number of the individual; or

2. identification information about the individual from a valid State–issued photo ID that provides a physical description of the individual, including the sex, race, any distinguishing features, and approximate age, height, and weight of the individual.

(3) The records required under this subsection shall be kept in electronic form.

(4) (i) Subject to subparagraph (iv) of this paragraph, the junk dealer or scrap metal processor shall submit a copy of each record required under this paragraph to the primary law enforcement unit in accordance with subparagraphs (ii) and (iii) of this paragraph.

(ii) A junk dealer or scrap metal processor shall submit a record by transmitting a copy of the records electronically, in a format acceptable to the receiving primary law enforcement unit, by the end of the first business day following the date of the transaction.

(iii) Each copy of a record submitted to the primary law enforcement unit shall include:

1. the date and time of purchase;

2. a description of the junk or scrap metal, including its weight if payment is based on weight;

3. whether the amount paid or other consideration for the junk or scrap metal exceeds $500;

4. the registration plate number of any vehicle used by the individual from whom the junk or scrap metal is acquired;

5. the name and address of the individual from whom the junk or scrap metal is acquired;

6. the date of birth and driver’s license number of the individual from whom the junk or scrap metal is acquired;

7. identification information about the individual from a valid State–issued photo ID that provides a physical description of the individual, including the sex, race, age, height, and weight of the individual; and

8. an electronic scan or photocopy of the valid State–issued photo ID under item 7 of this subparagraph.

(iv) The provisions of subparagraphs (i), (ii), and (iii) of this paragraph may not be construed to require a junk dealer or scrap metal processor to incur a substantial financial burden to comply with the requirements of this paragraph.

(5) A copy of a record submitted under paragraph (4) of this subsection:

(i) shall be kept confidential;

(ii) is not a public record; and

(iii) is not subject to Title 4 of the General Provisions Article.

(6) The primary law enforcement unit may destroy the copy of a record submitted under paragraph (4) of this subsection after 1 year from the date that the primary law enforcement unit receives the copy.

(7) (i) The primary law enforcement unit may waive the holding of electronic records under paragraph (3) of this subsection or the submission of electronic records under paragraph (4) of this subsection by a junk dealer or scrap metal processor.

(ii) Any waivers granted under subparagraph (i) of this paragraph shall be limited to authorizing a junk dealer or scrap metal processor to:

1. extend the reporting deadline under paragraph (4) of this subsection for an extra day;

2. hold written records; or

3. submit records by facsimile or by mail.

(c) (1) This subsection applies to junk dealers and scrap metal processors who are residents of the State.

(2) Each junk dealer or scrap metal processor shall keep the records required by subsection (b) of this section for 1 year after the date of the transaction.

(3) The records kept in accordance with this subsection shall be open to inspection during business hours by State or local law enforcement personnel for an investigation of a specific crime involving the materials listed under § 17–1001(f) of this subtitle.

(d) (1) A junk dealer or scrap metal processor may not barter, buy, exchange, or accept from a person any junk or scrap metal unless the junk dealer or scrap metal processor keeps records and makes entries in them in accordance with this subtitle.

(2) A junk dealer or scrap metal processor may not purchase a catalytic converter from an individual unless the individual, at the time of purchase, provides identification as:

(i) a licensed automotive dismantler and recycler or scrap metal processor; or

(ii) an agent or employee of a licensed commercial enterprise.

(3) A junk dealer or scrap metal processor may not purchase a cemetery urn, grave marker, or any other item listed under § 17–1001(f)(1)(ii) of this subtitle from an individual unless the individual, at the time of purchase, provides appropriate authorization from a relevant business or unit of federal, State, or local government specifically authorizing the individual to conduct the transaction.

(e) State or local law enforcement personnel may request information from the records required under subsection (b) of this section pursuant to an investigation of a specific crime involving the materials listed under § 17–1001(f) of this subtitle.

(f) (1) The record and reporting requirements of subsection (b) of this section do not apply to an item that is acquired from:

(i) a licensed junk dealer or scrap metal processor;

(ii) a unit of federal, State, or local government; or

(iii) a commercial enterprise with a valid business license that has entered into a written contract with a junk dealer or scrap metal processor who has provided to the primary law enforcement unit:

1. the name and business address of the commercial enterprise; and

2. the type of junk or scrap metal subject to the contract.

(2) (i) Subject to subparagraph (ii) of this paragraph, a contract under paragraph (1)(iii) of this subsection shall be open to inspection by a local law enforcement agency on the premises of the junk dealer or scrap metal processor during business hours.

(ii) Notwithstanding any other law, a contract open to inspection by a local law enforcement agency under subparagraph (i) of this paragraph may not be open for public inspection without the consent of the junk dealer or scrap metal processor.

(g) (1) If a State or local law enforcement agency has reasonable cause to believe that junk or scrap metal that is in the possession of a junk dealer or scrap metal processor is stolen, the law enforcement agency may issue a written hold notice.

(2) The written hold notice shall:

(i) identify the items of junk or scrap metal alleged to be stolen and subject to hold;

(ii) inform the junk dealer or scrap metal processor of the hold imposed on the items of junk or scrap metal; and

(iii) specify the time period for the hold, not to exceed 15 days.

(3) On receipt of a written hold notice from a law enforcement agency, a junk dealer or scrap metal processor may not process or remove from the junk dealer’s or scrap metal processor’s place of business before the end of the hold period any items of junk or scrap metal identified in the hold notice, unless the item is released by the law enforcement agency or by court order.

(h) Local law enforcement personnel of the county where the place of business of the junk dealer or scrap metal processor is located or where the junk or scrap metal was purchased may enforce this section.

(i) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) a fine not exceeding $500 for a first offense; and

(2) a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both for a subsequent offense.
Md. Code, Health - General § 17-102 — MD Code / Article ghg / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

A public health and clinical laboratory shall provide services in connection with:

(1) Any inquiry that the Department or any health officer or physician makes about a communicable disease;

(2) Any inquiry that the Department makes about sewage;

(3) Any inquiry that the Department makes about a trade waste;

(4) Any inquiry the Department makes about a nuisance;

(5) Any examination or analysis of a water supply;

(6) Any examination or analysis of milk; and

(7) Any inquiry about any other matter that the Secretary requires.
Md. Code, Business Occupations and Professions § 17-518 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-518
§17–518.
Status: in_force

(a) Subject to the provisions of this subtitle, a licensed real estate broker may maintain branch offices in the State.

(b) A licensed real estate broker shall obtain a branch office certificate before the broker may maintain a branch office in the State.

(c) (1) An applicant for a branch office certificate shall:

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

(ii) submit to the Commission written notice of the identity of the individual appointed as manager of the branch office under subsection (d) of this section; and

(iii) pay to the Commission an application fee of $5.

(2) The Commission shall issue a branch office certificate to each licensed real estate broker who meets the requirements of this section.

(d) (1) Subject to paragraph (2) of this subsection, the licensed real estate broker shall designate a manager, which may be the broker, for each branch office of the broker.

(2) If the licensed real estate broker designates another individual as a branch office manager, the manager shall be:

(i) a licensed associate real estate broker;

(ii) a licensed real estate salesperson who has at least 3 years’ experience providing real estate brokerage services; or

(iii) a licensed real estate salesperson who:

1. has completed successfully a course in real estate approved by the Commission for real estate brokers; and

2. has passed the real estate broker’s examination given by the Commission under § 17–306 of this title.

(3) A licensed real estate salesperson seeking to qualify as a branch office manager under paragraph (2)(iii) of this subsection shall submit to the Commission, before taking the real estate broker’s examination, a commitment from the licensed real estate broker proposing to engage the salesperson as a branch office manager.

(4) The manager shall have the responsibility to supervise the provision of real estate brokerage services by the associate brokers and sales agents registered to that office as provided for in § 17–320 of this title.

(e) (1) Unless a branch office certificate is renewed for a 2–year term as provided in this subsection, the certificate expires on the first April 30 that comes:

(i) after the effective date of the certificate; and

(ii) in an even–numbered year.

(2) Before a branch office certificate expires, a licensed real estate broker periodically may renew it for an additional 2–year term, if the broker:

(i) submits to the Commission a renewal application on the form that the Commission provides accompanied by the license renewal application of the manager of the branch office; and

(ii) pays to the Commission a renewal fee of $5.

(3) The Commission shall renew the branch office certificate of each licensed real estate broker who meets the requirements of this section.
Md. Code, Commercial Law § 17-102 — MD Code / Article gcl / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

(a) The Administrator shall create a division of the office, to be known as the abandoned property office, for the purpose of administering the provisions of this title.

(b) An appropriation shall be made annually for the maintenance of the office and to provide sufficient staff to adequately enforce the provisions of this title.

(c) Other divisions of the office of the Administrator, as well as every State officer and employee generally, shall assist in the enforcement of this title in connection with the performance of their normal duties.
Md. Code, Commercial Law § 17-316 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-316
§17–316.
Status: in_force

(a) Within 1 year after delivery under this title of abandoned property other than money, the Administrator shall determine:

(1) Whether the property has commercial value; and

(2) If the property has commercial value, the property’s commercial value.

(b) (1) Except as provided in subsection (c) of this section, within 1 year after delivery under this title of abandoned property other than money, the Administrator shall offer the abandoned property for sale.

(2) The sale shall be to the highest bidder at public sale in whatever place in the State affords the most favorable market for the property involved.

(3) The Administrator may decline the highest bid and reoffer the property for sale if the price bid is insufficient.

(c) (1) The Administrator need not offer abandoned property for sale if:

(i) The probable cost of sale exceeds the Administrator’s estimation of the value of the property; or

(ii) The Administrator determines that the property has no commercial value.

(2) If under paragraph (1) of this subsection abandoned property need not be offered for sale, the Administrator may:

(i) Return the property to the holder;

(ii) Destroy the property; or

(iii) Otherwise dispose of the property.

(d) The Administrator shall give reasonable notice to the public of any sale held under this section.

(e) (1) The purchaser at any sale conducted by the Administrator under this section shall receive title to the property purchased, free from every claim of the owner or prior holder of it and of every person who claims through or under them.

(2) The Administrator shall execute all documents necessary to complete the transfer of title.

(f) No action by any person may be brought or maintained against the State or any officer of the State for or on account of any transaction entered into pursuant to and in accordance with the provisions of this section.
Md. Code, Business Regulation § 17-1405 — MD Code / Article gbr / Title 17 / Subtitle 14 / Section 17-1405
§17–1405.
Status: in_force

(a) In St. Mary’s County, this section does not apply if the promoter owns the property where the outdoor musical festival will be held.

(b) (1) Except as provided in paragraph (3) of this subsection, each promoter shall post a cash bond with the application for a health permit.

(2) The amount of the bond:

(i) shall be determined by the health officer; but

(ii) may not exceed:

1. $25,000 in Frederick and Washington counties; or

2. $50,000 in the other counties to which this subtitle applies.

(3) In St. Mary’s County, a promoter may pledge real or personal property instead of posting a cash bond if the promoter submits to the health officer a verified financial statement confirming that the fair market value of the pledged property equals or exceeds the amount of the bond required.

(c) The health officer:

(1) shall keep the bond until 30 days after the end of the outdoor musical festival; and

(2) after that time, shall return to the promoter any money that has not been used and is not needed to satisfy pending claims.

(d) If, within 72 hours after an outdoor musical festival ends, the promoter fails to remove all trash, and to begin repair of any damage to property, including crops and livestock, that the outdoor musical festival or its spectators caused or created, the health officer may use as much of the bond as necessary to remove the trash and repair the damage.

(e) (1) This subsection does not affect any common law remedy that the person has against the promoter.

(2) Any person who has a claim against the bond shall submit the claim to the health officer within 30 days after the outdoor musical festival ends.

(3) If a claim is submitted, the health officer shall determine and keep the amount necessary to cover the claim.
Md. Code, Business Regulation § 17-1002 — MD Code / Article gbr / Title 17 / Subtitle 10 / Section 17-1002
§17–1002.
Status: in_force

(a) This subtitle does not apply to:

(1) a dealer or pawnbroker licensed under Title 12 of this article;

(2) a person doing business other than junk business or scrap metal business whenever the person:

(i) buys or transports junk or scrap metal used in the operation of the business; or

(ii) transports, for disposal or sale, junk or scrap metal accumulated by the business to dispose of or sell the junk or scrap metal; or

(3) a vehicle that a common carrier uses to transport junk or scrap metal in the business of the common carrier.

(b) Except as provided in § 17–1012 of this subtitle, this subtitle does not apply to antique dealers.
Md. Code, Alcoholic Beverages and Cannabis § 17-1402 — MD Code / Article gab / Title 17 / Subtitle 14 / Section 17-1402
§17–1402.
Status: in_force

The Board shall obtain criminal history record information of each applicant for a license from the Central Repository.
Md. Code, Transportation § 17-104.1 — MD Code / Article gtr / Title 17 / Subtitle 1 / Section 17-104.1
§17–104.
Status: in_force

§17–104.1.

The operator of a moped or motor scooter shall carry evidence of the required security when operating the moped or motor scooter.
Md. Code, Local Government § 17-301 — MD Code / Article glg / Title 17 / Subtitle 3 / Section 17-301
§17–301.
Status: in_force

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

(b) “Authorized participant” means:

(1) the governing body of each county or municipality;

(2) a county board of education;

(3) the governing body of each road, drainage, improvement, construction, or soil conservation district or commission in the State;

(4) the Upper Potomac River Commission;

(5) any other political subdivision or body politic and corporate of the State;

(6) a local government insurance pool formed under Title 19, Subtitle 6 of the Insurance Article; or

(7) on approval of the State Treasurer, a unit of State government or an entity created by the State if the funds of the unit or entity are not State money over which the Treasurer has investment authority.

(c) “Pool” means the Local Government Investment Pool.
Md. Code, State Finance and Procurement § 17-6A-02 — MD Code / Article gsf / Title 17 / Subtitle 6A / Section 17-6A-02
§17–6A–02.
Status: in_force

(a) Except as provided in subsection (b) of this section, each contractor or subcontractor awarded a covered contract shall:

(1) (i) be affiliated with a registered apprenticeship program; and

(ii) use apprentices from a registered apprenticeship program for each craft or trade in which the contractor or subcontractor employs persons to complete the covered contract;

(2) make payments to the Fund; or

(3) make payments in amounts determined under § 17–6A–03 of this subtitle to a registered apprenticeship program for the purpose of supporting the program.

(b) A contractor or subcontractor is not subject to the requirements of subsection (a) of this section if there are no registered apprenticeship programs for the craft or trade in which the contractor or subcontractor employs persons to complete the covered contract.
Md. Code, Alcoholic Beverages and Cannabis § 17-1405 — MD Code / Article gab / Title 17 / Subtitle 14 / Section 17-1405
§17–1405.
Status: in_force

The Board shall destroy the criminal history record information obtained under § 4–107 of this article on completion of the application process.
Md. Code, Business Regulation § 17-1401 — MD Code / Article gbr / Title 17 / Subtitle 14 / Section 17-1401
§17–1401.
Status: in_force

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

(b) “Health officer” means the health officer for the county where an outdoor musical festival will be held.

(c) “Outdoor musical festival” means an event at which a group of individuals participates in musical entertainment:

(1) in an open space;

(2) not in a permanent structure; and

(3) not on publicly owned property.

(d) (1) “Promoter” means a person who:

(i) organizes, operates, produces, or stages an outdoor musical festival; or

(ii) owns or leases property where an outdoor musical festival is held.

(2) “Promoter” does not include the State or a political subdivision of the State.

(e) “Promoter license” means a license issued by the clerk to act as a promoter.
Md. Code, Business Occupations and Professions § 17-405 — MD Code / Article gbo / Title 17 / Subtitle 4 / Section 17-405
§17–405.
Status: in_force

A real estate broker shall include in each sales contract that is provided by the real estate broker a written notice to the buyer that the buyer is protected by the Guaranty Fund in an amount not exceeding $50,000.
Md. Code, Alcoholic Beverages and Cannabis § 17-101 — MD Code / Article gab / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

(a) In this title:

(1) except as provided in subsections (d) and (e) of this section, the definitions in § 1–101 of this article apply without exception or variation; and

(2) the following words have the meanings indicated.

(b) “Board” means the Board of License Commissioners for Cecil County.

(c) “County” means Cecil County.

(d) The requirements relating to average daily receipts for a hotel under § 1–101 of this article are not applicable to a license issued in the county.

(e) The requirements relating to average daily receipts for a restaurant under § 1–101 of this article are not applicable to a license issued in the county.
Md. Code, Land Use § 17-203 — MD Code / Article glu / Title 17 / Subtitle 2 / Section 17-203
§17–203.
Status: in_force

(a) All property acquired by the Commission for any purpose specified in this subtitle and Subtitle 1 of this title is exempt from State, county, and municipal taxes.

(b) All land dedicated to the Commission in accordance with county subdivision regulations is property acquired by the Commission within the meaning of this section.
Md. Code, Health Occupations § 17-6A-18 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-18
§17–6A–18.
Status: in_force

Unless the Board accepts the surrender of a license, the license may not lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
Md. Code, Health Occupations § 17-304.2 — MD Code / Article gho / Title 17 / Subtitle 3 / Section 17-304.2
§17–304.
Status: in_force

§17–304.2.

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

(2) “Institution of higher education” has the meaning stated in § 10–101 of the Education Article.

(3) “Student” means an out–of–state resident enrolled at and residing at or near an institution of higher education in the State.

(b) The Board may issue a temporary telehealth license to an applicant who:

(1) Is not licensed, certified, or otherwise authorized by law to practice clinical professional counseling in the State under this article;

(2) Is licensed, certified, or otherwise authorized by law to provide clinical professional counseling or counseling services in another state;

(3) Is in good standing with the regulatory authority in the other state;

(4) Meets any other qualifications set by the Board in regulations; and

(5) Submits a temporary telehealth license application.

(c) A temporary telehealth license issued under this section authorizes the holder to provide clinical professional counseling services through telehealth in the State only to a student attending an institution of higher education in the State if the student and the out–of–state licensed professional counselor have a previously established therapeutic relationship that has existed for at least 6 months.

(d) The term of a temporary telehealth license issued under this section is 6 months.

(e) A temporary telehealth license issued under this section may not be renewed.

(f) If the holder of a temporary telehealth license violates this title, the Board may not issue the individual a regular license under this title for at least 2 years after the date on which the violation occurred.

(g) The Board shall adopt regulations:

(1) To establish qualifications and application fees for a temporary telehealth license issued under this section;

(2) To establish any conditions or limitations applicable to a temporary telehealth licensee; and

(3) Necessary for the implementation, administration, and enforcement of this section.
Md. Code, Estates and Trusts § 17-102 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

(a) Except as otherwise provided in a power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, on the death of the principal, by the personal representative or successor in interest of the principal’s estate.

(b) (1) If a request as described in subsection (a) of this section is made, within 30 days after the request is made, the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.

(2) A principal or an interested person may file a petition under Title 15, Chapter 500 of the Maryland Rules in the circuit court for the county in which the power of attorney is recorded to enjoin an agent to comply with this section.
Md. Code, Business Occupations and Professions § 17-328 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-328
§17–328.
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, the Commission may order summarily the suspension of the license of a licensee if the licensee:

(1) fails to account promptly for any money held in trust;

(2) on demand, fails to display to the Commission all records, books, and accounts of any money held in trust;

(3) has been convicted of a felony under the laws of the United States or of any state; or

(4) within 10 days after the conviction or within 10 days following release from incarceration as a result of the conviction, whichever is later, fails to disclose to the Commission that the licensee has been convicted of a felony under the laws of the United States or of any state.

(b) The Commission may order summarily a suspension under this section only if the Commission gives the licensee:

(1) written notice of the suspension and the finding on which the suspension is based; and

(2) after the summary suspension is effective, an opportunity to be heard promptly before the Commission or, as provided under § 17–326 of this subtitle, before a hearing board.

(c) A summary suspension ordered by the Commission under this section:

(1) may start immediately or at any later date, as set by the order; and

(2) shall continue until:

(i) the licensee complies with the conditions set forth by the Commission in its order; or

(ii) the Commission orders a different disposition after a hearing held under this section.

(d) (1) Rather than order summarily a suspension of a license under this section, the Commission may elect not to suspend the license until after the licensee is given an opportunity for a hearing.

(2) If the Commission elects to give the licensee an opportunity for a hearing before suspending the license for the grounds set forth in this section, the Commission shall give notice and hold the hearing in the same manner as required under § 17–324 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 17-1304 — MD Code / Article gab / Title 17 / Subtitle 13 / Section 17-1304
§17–1304.
Status: in_force

(a) (1) There is a wine festival (WF) license.

(2) The Board may issue not more than three wine festival (WF) licenses.

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

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

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

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

(2) during the hours and days designated for a wine festival.

(e) The Board:

(1) may choose for each wine festival 1 weekend each year during June, July, August, or September that does not conflict with the Anne Arundel County Beer and Wine Festival, the Cumberland and Shenandoah Valley Wine Festival, or the Maryland Wine Festival in Carroll County;

(2) shall choose a location that is not already licensed; and

(3) shall ensure that the primary focus of each festival is the promotion of Maryland wine.

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

(g) The license fee is $20.

(h) The Board shall adopt regulations to carry out this section.
Md. Code, Commercial Law § 17-318 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-318
§17–318.
Status: in_force

(a) (1) Any person who claims a legal interest in any property delivered to the State under this title must:

(i) File a claim to the property or to the proceeds from its sale on the form prescribed by the Administrator; and

(ii) Verify the claim as to its completeness and accuracy.

(2) After a claim is filed under paragraph (1) of this subsection, the Administrator shall allow or deny the claim and provide the claimant notice of the decision.

(3) If a claim filed in accordance with this subsection is denied:

(i) The Administrator shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be allowed;

(ii) The claimant may file an amended claim with the Administrator or commence an action under § 17–320 of this subtitle; and

(iii) The Administrator shall consider an amended claim filed under item (ii) of this paragraph as the initial claim.

(4) If the Administrator does not take action on a claim during the 6–month period immediately following the filing of a claim under this subsection, the claim shall be deemed denied.

(b) (1) The Administrator may waive the filing requirement under subsection (a) of this section if:

(i) The person receiving the property or payment is the apparent owner included in a report filed under § 17–310 of this subtitle;

(ii) The Administrator reasonably believes the person is entitled to receive the property or payment; and

(iii) The property or payment has a value of $5,000 or less.

(2) If the Administrator waives the filing requirement in accordance with paragraph (1) of this subsection, the Administrator shall make payment in accordance with § 17–319(b) of this subtitle.

(c) The Administrator shall pay or deliver property to a claimant under this section if the Administrator receives evidence sufficient to the satisfaction of the Administrator to establish that the claimant is the owner of the property.
Md. Code, Land Use § 17-209 — MD Code / Article glu / Title 17 / Subtitle 2 / Section 17-209
§17–209.
Status: in_force

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

(2) “Animal” means any bird or mammal or any part, egg, offspring, or dead body part of any bird or mammal.

(3) “Hunt” means to pursue, capture, kill, gig, trap, shoot, or attempt to pursue, capture, kill, gig, trap, or shoot, or in any manner reduce any animal to personal possession.

(b) A person may not hunt an animal on property owned by, operated by, or leased by the Commission without prior written authorization from the Commission.

(c) For the purpose of this section, each animal taken illegally by hunting, offered for purchase, sold, bartered, or exchanged in excess of the bag limit or possessed illegally constitutes a separate violation.

(d) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(i) for a first violation, a fine not exceeding $1,500, with costs imposed at the discretion of the court; and

(ii) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $4,000 or both, with costs imposed at the discretion of the court.

(2) For the purpose of this subsection, a subsequent violation is a violation that:

(i) occurs within 2 years after any prior violation of this section; and

(ii) arises out of a separate set of circumstances.

(3) In addition to the penalties in paragraph (1)(ii) of this subsection, the court may order the license under which the person operated in committing the violation to be suspended for 12 months from the date of the subsequent conviction.

(e) (1) The Commission may adopt regulations necessary to administer and enforce this section.

(2) Violation of any regulation adopted by the Commission under this subsection is a misdemeanor and is punishable as provided in subsection (d) of this section.

(f) (1) The Chief Judge of the District Court may establish, by administrative regulation under § 1–605 of the Courts Article, a schedule of prepayable fines for a first offense misdemeanor violation of this section and regulations adopted under this section.

(2) The amount of a prepayable fine may be not more than the maximum and not less than the minimum criminal penalty established in this section.

(3) By paying a fine set under this section instead of appearing for trial in District Court, a person is voluntarily accepting a conviction for the violation charged.

(g) If the District Court or circuit court imposes a fine for a violation of this section, the court shall collect the fine and remit it to the Commission.
Md. Code, Land Use § 17-108 — MD Code / Article glu / Title 17 / Subtitle 1 / Section 17-108
§17–108.
Status: in_force

(a) Whenever the Commission considers it necessary to acquire any property for a purpose stated in § 17–101(b) of this subtitle, the Commission may:

(1) purchase the property from the owner; or

(2) if the Commission fails to agree with the owner, condemn the property by proceedings in the circuit court for the county in which the property is located.

(b) At the same time, the Commission may acquire the interest of any tenant, lessee, or other person having an interest in the property.
Md. Code, Local Government § 17-101 — MD Code / Article glg / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

(a) In this section, “State financial institution” means an institution that:

(1) has a branch in the State that takes deposits; and

(2) is:

(i) a bank incorporated under the laws of any state or the United States;

(ii) a trust company or savings bank incorporated under the laws of the State; or

(iii) a savings and loan association incorporated under the laws of the State or the United States.

(b) This section applies to the following governmental entities:

(1) the governing body of each county;

(2) the governing body of each municipality;

(3) each county board of education, including the Baltimore City Board of School Commissioners;

(4) each road, drainage, improvement, construction, or soil conservation district or commission;

(5) the Upper Potomac River Commission; and

(6) any other political subdivision or body politic and corporate of the State.

(c) Subject to Subtitle 2 of this title and notwithstanding any provision of local law or ordinance, a governmental entity or its authorized agent:

(1) in accordance with § 6–222 of the State Finance and Procurement Article may:

(i) invest and reinvest in obligations or repurchase agreements all unexpended money in any fund or account of which the governmental entity or its authorized agent has custody or control; and

(ii) sell, redeem, or exchange an investment or reinvestment made under this item; or

(2) may deposit unexpended money in:

(i) an interest–bearing time deposit account or savings account at a federally insured bank or federally insured savings and loan association in the State; or

(ii) the Local Government Investment Pool established under § 17–302 of this title.

(d) Except as provided in subsections (e) and (f) of this section, a governmental entity or its authorized agent may deposit unexpended money in a federally insured bank or federally insured savings and loan association under subsection (b)(2)(i) of this section only if the bank or savings and loan association gives as security for the deposit collateral of a type specified in § 6–202 of the State Finance and Procurement Article.

(e) A governmental entity or its authorized agent may deposit unexpended money in a federally insured bank or federally insured savings and loan association without the security required under subsection (d) of this section if:

(1) the money is initially deposited in a State financial institution chosen by the depositor;

(2) the State financial institution arranges for the further deposit of the money into one or more certificates of deposit in an amount not exceeding the applicable Federal Deposit Insurance Corporation maximum insurance coverage limit, issued by one or more federally insured banks or federally insured savings and loan associations for the account of the depositor;

(3) when the money is deposited and the certificates of deposit are issued, the State financial institution receives deposits from customers of other banks or savings and loan associations in an amount at least equal to the amount of money initially deposited by the depositor;

(4) each certificate of deposit issued for the depositor’s account is insured by the Federal Deposit Insurance Corporation for 100% of the principal of and accrued interest on the certificate of deposit; and

(5) the State financial institution acts as custodian for the depositor with respect to the certificates of deposit issued for the depositor’s account.

(f) A governmental entity or its authorized agent may deposit unexpended money in a federally insured bank or federally insured savings and loan association without the security required under subsection (d) of this section if:

(1) the money is initially placed for deposit with a State financial institution chosen by the depositor to arrange for the redeposit of the money through a deposit placement program that meets the requirements under this subsection;

(2) on or after the date that the money of the governmental entity is received, the State financial institution:

(i) arranges for the redeposit of the money into one or more deposit accounts, each in an amount of not more than the applicable Federal Deposit Insurance Corporation maximum insurance coverage limit, in one or more federally insured banks or federally insured savings and loan associations for the account of the depositor; and

(ii) acts as custodian for the depositor with respect to the money deposited into the accounts;

(3) any money of a governmental entity deposited into a State financial institution in accordance with this subsection and held by that State financial institution at the close of a business day that is in excess of the amount insured by the Federal Deposit Insurance Corporation is secured in accordance with this title;

(4) the full amount of the money of the governmental entity redeposited by the State financial institution into deposit accounts in federally insured banks or federally insured savings and loan associations under this subsection is insured by the Federal Deposit Insurance Corporation; and

(5) on the same date that the money of the governmental entity is redeposited under this subsection, the State financial institution receives an amount of deposits from customers of other banks or savings and loans in accordance with the deposit placement program that is at least equal to the amount of the money of the governmental entity redeposited by the State financial institution.

(g) (1) The interest or income from an investment or deposit made under this section:

(i) shall be credited to the fund from which the investment or deposit was made; and

(ii) may be invested or deposited as provided in this section.

(2) Notwithstanding paragraph (1) of this subsection, if the money invested or deposited under this section is from a fund that contains the proceeds of the issuance of bonds or other obligations, the issuer may use the interest or income from the investment or deposit to repay the principal of or interest on the bonds or other obligations.

(h) A governmental entity or its authorized agent may withdraw or alter an investment or deposit made under this section:

(1) to meet the requirements for which the money is held; or

(2) for reinvestment in accordance with this section.
Md. Code, Business Regulation § 17-1007 — MD Code / Article gbr / Title 17 / Subtitle 10 / Section 17-1007
§17–1007.
Status: in_force

(a) The clerk shall issue a State junk license to each applicant who meets the requirements of this subtitle.

(b) A State junk license is not transferable.
Md. Code, Business Regulation § 17-20A-02 — MD Code / Article gbr / Title 17 / Subtitle 20A / Section 17-20A-02
§17–20A–02.
Status: in_force

(a) (1) Before conducting business in the State, a transient vendor shall obtain a transient vendor’s license.

(2) The Comptroller may not issue a transient vendor’s license unless the transient vendor has a sales and use tax license and any necessary trader’s license and has paid all State taxes.

(3) An application for a transient vendor’s license shall be in the form and contain the information that the Comptroller requires by regulation.

(4) A license required under this section shall be valid for not more than 90 days.

(5) The Comptroller may not renew a license required under this section unless the transient vendor has a sales and use tax license and any necessary trader’s license and has paid all State taxes.

(b) A transient vendor shall display the transient vendor’s license at each transient place of business.

(c) The transient vendor’s license shall be on the form specified by the Comptroller.
Md. Code, Commercial Law § 17-401 — MD Code / Article gcl / Title 17 / Subtitle 4 / Section 17-401
§17–401.
Status: in_force

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

(b) “Address of the lender” means the most recent address of a lender as shown on the museum’s records pertaining to property on loan from the lender.

(c) (1) “Conservation measure” means any action taken toward the long–term preservation of property.

(2) “Conservation measure” includes examination, documentation, treatment, and preventive care of property, supported by research and education.

(d) “Lender” means a person whose name appears on the records of a museum as the person legally entitled to, or claiming to be legally entitled to, property held by the museum.

(e) “Loan” means a deposit of property not accompanied by a transfer of title to that property.

(f) “Museum” means an institution located in the State that:

(1) Is operated by a person primarily for education, scientific, historic preservation, or aesthetic purposes; and

(2) Owns, borrows, cares for, exhibits, studies, archives, or catalogs property.

(g) “Permanent loan” means a loan of property to a museum for an indefinite period.

(h) “Property” means a tangible object under a museum’s care that has intrinsic historic, artistic, scientific, or cultural value.

(i) “Undocumented property” means property in the possession of a museum for which the museum cannot determine the owner by reference to the museum’s records.

(j) “Unsolicited donation” means any property that is left in the control of a museum that is from an unknown source and can be reasonably assumed to have been intended as a gift to the museum.
Md. Code, Housing and Community Development § 17-101 — MD Code / Article ghs / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

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

(b) “Continuing care facility” means a facility in which shelter and medical and nursing services or other health related services are made available:

(1) to an individual who is 60 years old or older and not related by blood or marriage to the provider;

(2) for the life of the individual or for a period exceeding 1 year; and

(3) under a written agreement that requires a transfer of assets or an entrance fee, notwithstanding periodic charges.

(c) (1) “Housing project” means a work or undertaking to provide decent, safe, and sanitary urban or rural apartments, or other housing for the persons of eligible income who live in the area of the housing.

(2) “Housing project” includes buildings, land, equipment, facilities, and other real or personal property that is planned, acquired, owned, used, developed, reconstructed, rehabilitated, or improved to provide:

(i) the housing; or

(ii) the necessary, convenient, or desirable:

1. appurtenances, streets, roads, sewers, water service, parks, site preparation, or gardening; or

2. supporting public or private administrative, commercial, educational, cultural, recreational, welfare, community, or civic facilities that are needed for sound community development.

(d) “Person of eligible income” means an individual or a family that:

(1) lives in the area of operation of the Prince George’s Authority that undertakes a housing project; and

(2) as determined by the Prince George’s Authority, lacks sufficient income without financial assistance to live in decent, safe, and sanitary housing without overcrowding.

(e) “Prince George’s Authority” means the Housing Authority of Prince George’s County.
Md. Code, Public Utilities § 17-501 — MD Code / Article gpu / Title 17 / Subtitle 5 / Section 17-501
§17–501.
Status: in_force

The sanitary district is composed of those parts of Montgomery County and Prince George’s County that are described in Chapter 766 of the Acts of the General Assembly of 1982.
Md. Code, Alcoholic Beverages and Cannabis § 17-603 — MD Code / Article gab / Title 17 / Subtitle 6 / Section 17-603
§17–603.
Status: in_force

(a) There is a Class C beer license.

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

(c) The annual license fee is $75.
Md. Code, State Finance and Procurement § 17-222 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-222
§17–222.
Status: in_force

(a) (1) Except as provided under paragraph (2) of this subsection, a contractor under a public work contract is liable to the public body for liquidated damages of $20 for each laborer or other employee for each day for which:

(i) the laborer is paid less than the prevailing wage rate of a mechanic while performing a task required to be performed by a mechanic or mechanic’s apprentice; or

(ii) the employee is paid less than the prevailing wage rate.

(2) A contractor under a public work contract that knew or reasonably should have known of the contractor’s obligation to pay the prevailing wage rate and that deliberately failed or refused to pay the prevailing wage rate is liable to the public body for liquidated damages of $250 for each laborer or other employee for each day for which:

(i) the laborer is paid less than the prevailing wage rate of a mechanic while the laborer is performing a task required to be performed by a mechanic or mechanic’s apprentice; or

(ii) the employee is paid less than the prevailing wage rate.

(b) (1) If a contractor or subcontractor pays an employee less than the amount the employee is entitled to receive for the work performed, the contractor shall make restitution to the employee.

(2) The contractor and the subcontractor shall be jointly and severally liable for restitution to the subcontractor’s employees.
Md. Code, Business Occupations and Professions § 17-308 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-308
§17–308.
Status: in_force

(a) Subject to the provisions of this section, the Commission may waive any requirement of this subtitle for a particular license for an applicant who holds a comparable or equivalent license granted by another state.

(b) The Commission may grant a waiver under this section only if the applicant:

(1) pays the application fee required under § 17-307 of this subtitle for the license for which the applicant is applying;

(2) provides adequate evidence that the applicant meets the qualifications otherwise required by this subtitle for the license for which the applicant is applying;

(3) submits a certified copy of the applicant’s license from the other state that is comparable or equivalent to the license for which the applicant is applying; and

(4) if the applicant holds a license comparable or equivalent to a real estate broker license, provides adequate evidence that the applicant actively maintains an office in the other state.
Md. Code, Health - General § 17-210 — MD Code / Article ghg / Title 17 / Subtitle 2 / Section 17-210
§17–210.
Status: in_force

(a) The Secretary may deny a license to any applicant or suspend, revoke, or limit a license or the authority to offer or perform any class of service, complexity of testing, or tests that the license sets forth, if the medical laboratory or its director or other personnel fail to meet the standards and requirements under this subtitle and in regulations adopted pursuant to this subtitle.

(b) (1) If the Secretary finds that a laboratory issued a license under this subtitle no longer meets the standards and requirements under this subtitle and in regulations adopted pursuant to this subtitle, the Secretary may impose a directed plan of correction or limit the testing authorized by the license instead of suspending or revoking a license.

(2) (i) If the Secretary finds that a medical laboratory provided erroneous or questionable test results that pose a threat to the health and safety of patients, the Secretary may order the laboratory to:

1. Notify the physicians or other individuals who ordered the tests of the erroneous or questionable test results; and

2. Take any additional measures necessary to reduce or eliminate the threat to the health and safety of patients, including the notification of patients and the offering of retests.

(ii) A medical laboratory that fails to comply with an order issued by the Secretary under subparagraph (i) of this paragraph is subject to a civil penalty of up to $1,000 for each day of noncompliance after the deadline for compliance stated in the Secretary’s order, not to exceed a maximum penalty of $50,000, instead of or in addition to any other sanction imposed under this section.

(c) Except as otherwise provided in the Administrative Procedure Act, before the Secretary denies, suspends or revokes a license, or imposes a civil penalty under this section, the Secretary shall give the applicant or licensee notice and an opportunity for a hearing.
Md. Code, Alcoholic Beverages and Cannabis § 17-1602 — MD Code / Article gab / Title 17 / Subtitle 16 / Section 17-1602
§17–1602.
Status: in_force

The Board may not issue any license with an off–sale privilege for use in a business that is intended to be operated as a drive–through sales facility at which alcoholic beverages are:

(1) sold at retail; and

(2) dispensed through a window or door to a purchaser in or on a motor vehicle for off–premises consumption.
Md. Code, Health Occupations § 17-702 — MD Code / Article gho / Title 17 / Subtitle 7 / Section 17-702
§17–702.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all rules or regulations adopted under this title shall terminate and be of no effect after July 1, 2028.
Md. Code, Business Regulation § 17-17A-01 — MD Code / Article gbr / Title 17 / Subtitle 17A / Section 17-17A-01
§17–17A–01.
Status: in_force

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

(b) “Chain store license” means a license issued by the clerk to operate two or more stores under the same general management or ownership.

(c) “General management or ownership” means a common or shared management, supervision, or ownership of more than one retail store, regardless of corporate form, purpose, or structure.
Md. Code, Estates and Trusts § 17-116 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-116
§17–116.
Status: in_force

This title may be cited as the Maryland General and Limited Power of Attorney Act.
Md. Code, Business Regulation § 17-17A-04 — MD Code / Article gbr / Title 17 / Subtitle 17A / Section 17-17A-04
§17–17A–04.
Status: in_force

(a) An applicant for a chain store license shall pay to the clerk a license fee based on the number of locations in the State.

(b) (1) This subsection does not apply in Baltimore City, Baltimore County, and Cecil County.

(2) The license fee in each county is:

(i) for 2 to 5 stores, $5 for each store;

(ii) for 6 to 10 stores, $20 for each store;

(iii) for 11 to 20 stores, $100 for each store; and

(iv) for more than 20 stores, $150 for each store.

(c) In Baltimore City and Baltimore County the license fee is:

(1) for 2 to 5 stores, $12 for each store;

(2) for 6 to 10 stores, $50 for each store;

(3) for 11 to 20 stores, $250 for each store; and

(4) for more than 20 stores, $150 for each store.

(d) In Cecil County the license fee is:

(1) for 2 to 5 stores, $10 for each store;

(2) for 6 to 10 stores, $30 for each store;

(3) for 11 to 20 stores, $100 for each store; and

(4) for more than 20 stores, $300 for each store.
Md. Code, Health - General § 17-2A-11 — MD Code / Article ghg / Title 17 / Subtitle 2A / Section 17-2A-11
§17–2A–11.
Status: in_force

(a) A person that violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) A fine not exceeding $100 for the first offense; and

(2) A fine not exceeding $500 for each subsequent conviction for a violation of the same provision.

(b) Each day on which a violation occurs is a separate violation under this section.
Md. Code, Land Use § 17-213 — MD Code / Article glu / Title 17 / Subtitle 2 / Section 17-213
§17–213.
Status: in_force

(a) (1) If in the Commission’s judgment it is necessary to provide for flood control in the metropolitan district, the Commission may condemn land and easements necessary in the construction of levees and other flood control works.

(2) The condemnation proceedings shall be in accordance with the general powers provided in this division.

(3) The Commission may assume all damages incident to any flood control works or improvements that it finds necessary to construct, except damages to land and easements of railroads or other public utilities.

(4) The Commission may agree to:

(i) furnish, without cost to the United States, all land and easements that may be necessary in the construction of any flood control works or improvements; and

(ii) take over, operate, and maintain the works when constructed.

(b) The Commission may use for park purposes the land acquired for flood control and navigation projects as provided in Title 25, Subtitle 7 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 17-2801 — MD Code / Article gab / Title 17 / Subtitle 28 / Section 17-2801
§17–2801.
Status: in_force

Section 6–402 (“General penalty”) of Division I of this article applies in the county.
Md. Code, Environment § 17-303 — MD Code / Article gen / Title 17 / Subtitle 3 / Section 17-303
§17–303.
Status: in_force

(a) (1) To apply for a license, an applicant shall:

(i) Submit to the Board an application on the form that the Board provides;

(ii) Submit the documents required under this section; and

(iii) Pay to the Board the required application fee set by the Board.

(2) If the applicant is an entity, the representative member shall complete the application form and otherwise be responsible for the entity’s compliance with this section.

(b) (1) If the applicant is an individual, the application form provided by the Board shall require:

(i) The name of the applicant;

(ii) The address of the applicant; and

(iii) The current and previous employment of the applicant relevant to the field of marine contracting.

(2) If the applicant is an entity, the application form provided by the Board shall require:

(i) A list of the entity’s owners; and

(ii) For each entity owner, the same information required regarding an individual applicant under paragraph (1) of this subsection.

(3) For all applicants, the application form shall require:

(i) The address of the applicant’s proposed principal place of business and of each proposed branch office;

(ii) All trade or fictitious names that the applicant intends to use while performing marine contractor services; and

(iii) As the Board considers appropriate, any other information to assist in the evaluation of:

1. An individual applicant; or

2. If the applicant is an entity, any entity member.

(c) The application form provided by the Board shall contain a statement advising the applicant of the penalties for violation of this title provided under § 17–403 of this title.

(d) (1) If the applicant is an individual, the individual shall sign the application form under oath.

(2) If the applicant is an entity, the representative member of the entity shall sign the application form under oath, and shall provide proof to the Board that the representative member is a member of the entity.

(e) An applicant for a license shall submit with the application proof of the insurance required under § 17–302(c)(4) of this subtitle.
Md. Code, Commercial Law § 17-207 — MD Code / Article gcl / Title 17 / Subtitle 2 / Section 17-207
§17–207.
Status: in_force

If a judicial determination is made against a claimant of abandoned property in federal custody, the claimant may not assert a claim against this State.
Md. Code, Business Occupations and Professions § 17-507 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-507
§17–507.
Status: reserved

(a) Each real estate broker shall maintain all records of trust money in a secured area within the office of the broker.

(b) (1) Each licensee shall keep copies of:

(i) listings; and

(ii) any other document executed or obtained by the licensee in connection with a transaction involving the provision of real estate brokerage services, including any electronic signature contained on a document.

(2) (i) A licensee shall keep the records required by this section for 5 years, starting on the date of the closing of a real estate transaction, or, if the transaction is not closed, 5 years after the date of the listing.

(ii) A licensee providing property management services shall keep the records required by this section for 5 years after the termination of the management agreement.

(c) For any record required to be kept under subsections (a) and (b) of this section, a licensee may keep and store an electronic record of the information if:

(1) the stored record cannot be erased or edited;

(2) the stored record is made or preserved as part of, and in the regular course of, the licensee’s business;

(3) the original record from which the stored record was copied was made or prepared by the licensee or the licensee’s employees at or near the time of the activity described in the record;

(4) the custodian of the record is able to identify the stored record, the mode of its preparation, and the mode of storage; and

(5) the electronic storage system contains a reliable indexing system that provides:

(i) convenient access to the document or record;

(ii) appropriate quality control of the storage process; and

(iii) chronological arrangement of stored documents or records.

(d) (1) On reasonable notice from the Commission, a licensee shall allow a representative of the Commission to enter the licensee’s place of business during business hours to inspect a record required to be kept under subsection (b) of this section.

(2) The licensee shall provide, at the licensee’s expense, a paper copy of any document or record requested by the Commission.

(3) A licensee shall display to the Commission on demand all records, books, and accounts of any money held in trust.
Md. Code, Criminal Procedure § 17-101.1 — MD Code / Article gcp / Title 17 / Subtitle 1 / Section 17-101.1
§17–101.
Status: in_force

§17–101.1.

This title does not apply to FGGS conducted solely for the purpose of identifying an individual who is:

(1) deceased; or

(2) the subject of a missing person report filed with a law enforcement agency in the State and whose whereabouts are unknown.
Md. Code, Business Occupations and Professions § 17-201 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-201
§17–201.
Status: in_force

There is a State Real Estate Commission in the Department.
Md. Code, Health - General § 17-104 — MD Code / Article ghg / Title 17 / Subtitle 1 / Section 17-104
§17–104.
Status: in_force

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

(2) “Mutual aid agreement” means a written agreement between a public health laboratory in the State and a public health laboratory operated by another state to establish and carry out a plan to assist each other in providing temporary testing services to alleviate an emergency at one of the laboratories.

(3) “Public health laboratory” means a laboratory operated by a state government to provide:

(i) Consulting and regulatory support of infectious disease, epidemiology, environmental, and regulatory public health programs; and

(ii) Tests or examinations in connection with:

1. The diagnosis and control of human diseases;

2. The assessment of human health, nutritional, or medical conditions; or

3. The environment.

(b) This section shall be liberally construed to promote its purpose of providing aid during an emergency at a public health laboratory.

(c) (1) A public health laboratory in the State may enter into or renew a mutual aid agreement with a public health laboratory operated by another state.

(2) A public health laboratory operated by another state that enters into a mutual aid agreement shall provide written documentation of the statutory authority required for that state to meet the responsibilities set forth in the agreement.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, a mutual aid agreement shall provide that the party requesting assistance under the agreement shall indemnify and hold harmless the public health laboratory that provides assistance and its authorized personnel from any claim by a third party for property damage, personal injury, or wrongful death that arises out of activities, including travel, that are authorized by the agreement.

(ii) The party that requests assistance need not indemnify the party that provides assistance if:

1. The party that provides assistance does not cooperate in defending against a claim made by a third party;

2. The claim by a third party arises out of a malicious or grossly negligent act of the party that provides assistance; or

3. The claim by a third party arises out of an act that is outside of the scope of the duties under the agreement of the party that provides assistance.

(4) A mutual aid agreement shall provide that each party to the agreement shall waive any claim against any other parties to the agreement if the claim arises out of the activities of a party that are within the scope of the agreement and that are performed without malice or gross negligence.

(d) (1) Subject to paragraph (2) of this subsection, an employee of a public health laboratory who has been trained and certified by the director of the employee’s public health laboratory may travel to and provide services at the location of the emergency under a mutual aid agreement at the request of the Secretary, the Secretary’s designee, or an individual from another state with equivalent authority under the agreement.

(2) An employee may not travel to or provide services at the location of the emergency under a mutual aid agreement until the Secretary, the Secretary’s designee, or equivalent authority in another state approves the employee to travel to and provide services at the location of the emergency.

(e) For purposes of workers’ compensation law or any other employment benefit that would apply to an individual who is performing a service for a public health laboratory under a mutual aid agreement:

(1) The individual is considered to have performed that service in the course of employment as a State employee and in the line of duty; and

(2) The workers’ compensation law or employment benefit of the state that employs the individual shall be provided by that state when an individual is performing a service in another state.

(f) Necessary expenditures made under a mutual aid agreement or otherwise made under this section may be charged against any State or local appropriations that are usually available to a public health laboratory.
Md. Code, Land Use § 17-207 — MD Code / Article glu / Title 17 / Subtitle 2 / Section 17-207
§17–207.
Status: in_force

(a) The Commission may adopt regulations for the use of any property under its jurisdiction.

(b) (1) Subject to paragraph (2) of this subsection, on or before June 30, 2016, the Commission shall adopt regulations to prohibit on property under its jurisdiction the smoking of:

(i) a cigarette;

(ii) a cigar; or

(iii) any other tobacco product.

(2) The regulations adopted in accordance with this subsection:

(i) may exclude from the prohibition any designated venue or facility reasonably determined by the Commission to be appropriate for the purpose of generating admission fees, rental fees, or similar charges for use of Commission property; and

(ii) shall provide that the following penalties be imposed:

1. for a first infraction, a warning; and

2. for a second or subsequent infraction, a $25 fine.

(c) (1) The Commission shall:

(i) post the regulations outside each park headquarters building, community center, recreation center, or similar building in a developed park area; and

(ii) after posting the regulations, publish them at least three times within 60 days in one or more newspapers of general circulation published in the metropolitan district.

(2) The posting and publication of the regulations shall be sufficient notice to all persons.

(3) The sworn certificate of a commissioner as to the posting and publication of the regulations is prima facie evidence of posting and publication.
Md. Code, Public Utilities § 17-402.1 — MD Code / Article gpu / Title 17 / Subtitle 4 / Section 17-402.1
§17–402.
Status: in_force

§17–402.1.

(a) (1) The Commission may not enter into a contract unless the contract contains a provision obliging the contractor:

(i) not to discriminate in any manner against an employee or an applicant for employment on the basis of sex, race, creed, color, age, mental or physical disability, sexual orientation, religion, marital status, gender identity, genetic information, or national origin; and

(ii) to include a similar nondiscrimination provision in all subcontracts.

(2) (i) If the nondiscrimination provision is omitted from a contract or subcontract, the Commission shall provide the contractor a reasonable opportunity to cure the defect, subject to this section.

(ii) If the contractor fails to cure the defect:

1. the Commission may declare the contract to be void; and

2. the contractor is entitled to the reasonable value of work performed and materials provided by the contractor.

(iii) If the contractor cures the defect, the contract remains in force according to its revised terms.

(b) (1) In accordance with this section, the Commission may compel a contractor to continue to perform under a contract if:

(i) the contractor willfully fails to comply with the requirements of a nondiscrimination provision; and

(ii) the contract is partially executory.

(2) If the Commission compels performance under this subsection, the Commission:

(i) is liable for no more than the reasonable value of work performed and materials provided by the contractor after the date on which the breach of contract was or should have been discovered; and

(ii) shall deduct any money that has been paid under the contract from the money that comes due under item (i) of this paragraph.

(c) (1) If a subcontractor willfully fails to comply with the requirements of a nondiscrimination provision, the contractor may declare the subcontract to be void.

(2) If a contractor declares a subcontract to be void under this subsection, the contractor is liable for no more than the reasonable value of work performed or materials provided by the subcontractor.
Md. Code, Transportation § 17-301 — MD Code / Article gtr / Title 17 / Subtitle 3 / Section 17-301
§17–301.
Status: in_force

(a) If a person made a security deposit of money under the financial responsibility law as it existed before January 1, 1973, the person or his personal representative may apply to the Maryland Automobile Insurance Fund for and is entitled to a refund of the deposit, without interest, if:

(1) An action for damages arising out of the accident for which the deposit was made is not pending against the person on whose behalf the deposit was made;

(2) An unpaid judgment does not exist in favor of any person as a result of an action arising from the accident for which the deposit was made;

(3) A claim is not pending against the Unsatisfied Claim and Judgment Fund Board or its successor for damages arising out of the accident for which the deposit was made; and

(4) The executive director of the Maryland Automobile Insurance Fund, on the advice of the Attorney General, is satisfied by a reasonable preponderance of the evidence that the person is legally entitled to the deposit.

(b) If there is a claim pending against the Unsatisfied Claim and Judgment Fund Board or its successor, that claim is a lien against the amount deposited in favor of the Unsatisfied Claim and Judgment Fund Board or its successor.

(c) Neither subsection (a) of this section nor any other provision of law may be construed to prevent the use of the deposit:

(1) To satisfy any final judgment rendered against the depositor that has been docketed within 3 years from the date of the accident and not assigned to the Unsatisfied Claim and Judgment Fund or its successor; or

(2) In the payment of any claim on the instruction of the depositor.
Md. Code, Estates and Trusts § 17-109 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-109
§17–109.
Status: in_force

(a) Except as provided in subsection (b) of this section, this title applies to all powers of attorney.

(b) Except as provided in § 17–105 of this subtitle, this title does not apply to:

(1) A power that is coupled with an interest in the subject of the power, is given as security, or is given for consideration, regardless of whether the power is held for the benefit of the agent or another person, including a power given to or for the benefit of a creditor in connection with a credit transaction;

(2) An advance directive appointing a health care agent under Title 5, Subtitle 6 of the Health – General Article or any other power to make health care decisions;

(3) A proxy or other delegation to exercise any right with respect to an entity, including voting rights or management rights or both, or a delegation of authority to execute, become a party to, or amend a document or agreement governing an entity or entity ownership interest;

(4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;

(5) A power created as part of, or in connection with, an agreement establishing an attorney and client relationship;

(6) A power of attorney that states that it is not subject to this title;

(7) A power authorizing another to prepare, execute, deliver, submit, or file, on behalf of an entity or the governing body or management of an entity, a document or instrument with a government or governmental subdivision, agency, or instrumentality or with a third party;

(8) A power or other delegation of authority contained in a document or agreement governing or binding on an entity that authorizes a person to take action with respect to the entity; and

(9) A power with respect to an entity created in accordance with authorization provided by a federal or State statute that specifically contemplates creation of the power.
Md. Code, State Finance and Procurement § 17-226 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-226
§17–226.
Status: in_force

(a) (1) After investigation and entry of an order in accordance with § 17-221 of this subtitle, the Commissioner shall file with the Secretary of State a list of the contractors and any subcontractors who persistently and willfully violate the provisions of this subtitle.

(2) Filing under this subsection shall be notice to a public body and its representatives.

(b) (1) If the name of a contractor or any subcontractor appears on the list, that contractor or subcontractor shall be prohibited from entering into a contract for construction of a public work directly or indirectly for 2 years from the day on which the list is filed.

(2) A public body may not award a contract for construction of a public work to a person who is prohibited from entering into a contract under this section.
Md. Code, Business Occupations and Professions § 17-329 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-329
§17–329.
Status: in_force

(a) Any person aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

(b) Except as provided in subsection (c) of this section, unless stayed by the Commission or a court, a decision of the Commission is not stayed pending review.

(c) A court may grant a stay of the suspension or revocation of the license of the licensee only on the filing of a bond by a licensee as provided in subsection (d) of this section.

(d) (1) The court may set the bond required under subsection (c) of this section in any amount not exceeding $50,000.

(2) The bond shall be conditioned for the use and benefit of any person who, as a member of the public, might sustain pecuniary loss because of any violation of this title by the licensee.
Md. Code, State Finance and Procurement § 17-301 — MD Code / Article gsf / Title 17 / Subtitle 3 / Section 17-301
§17–301.
Status: in_force

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

(b) “American steel product” means a product that is:

(1) produced from steel made in any state by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel making process; and

(2) rolled, forged, drawn, cast, extruded, or otherwise similarly processed.

(c) “Public body” means:

(1) the State;

(2) a unit of the State government; or

(3) a county, municipal corporation, school or conservation district, or other governmental entity that, by State law, awards contracts for public construction or other public work.
Md. Code, Environment § 17-206 — MD Code / Article gen / Title 17 / Subtitle 2 / Section 17-206
§17–206.
Status: in_force

(a) (1) The Board shall set reasonable fees for the issuance and renewal of licenses and other services that the Board provides.

(2) The fees imposed by the Board shall be set so as to produce funds to approximate the costs of maintaining the Board.

(b) The Board shall pay all funds collected under this title into the Wetlands and Waterways Program Fund under § 5–203.1 of this article for the administration of the Board.
Md. Code, Insurance § 17-207 — MD Code / Article gin / Title 17 / Subtitle 2 / Section 17-207
§17–207.
Status: in_force

(a) (1) Subject to the requirements of this section, the lives of a group of individuals may be insured under a policy issued to a credit union organized in accordance with State law or the Federal Credit Union Act to cover members of the credit union for the benefit of persons other than the credit union or its officials.

(2) The credit union to which the policy is issued is deemed the policyholder.

(b) All members of the credit union, or all of any class or classes of members determined by conditions pertaining to their age or membership in the credit union or both, are eligible for insurance under a policy issued in accordance with this section.

(c) (1) The premiums for the policy shall be paid from funds contributed by the credit union or insured members, or by both.

(2) Except as provided in paragraph (3) of this subsection, a policy on which no part of the premium is to be derived from funds contributed by the insured member for the insurer must insure all eligible persons, except those who reject the coverage in writing.

(3) An insurer may exclude or limit the coverage on any persons as to whom evidence of individual insurability is not satisfactory to the insurer.
Md. Code, Health Occupations § 17-6A-03 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-03
§17–6A–03.
Status: in_force

The Board shall adopt:

(1) Regulations for the licensure and practice of behavior analysis; and

(2) A code of ethics for the practice of behavior analysis.
Md. Code, Alcoholic Beverages and Cannabis § 17-1903 — MD Code / Article gab / Title 17 / Subtitle 19 / Section 17-1903
§17–1903.
Status: in_force

(a) A license holder shall ensure that:

(1) each employee in a supervisory capacity and each bartender be certified by an approved alcohol awareness program; and

(2) at least one certified individual be present on the licensed premises during the hours in which alcoholic beverages may be sold.

(b) A license holder who violates this section is subject to:

(1) for a first offense, a $100 fine; and

(2) for each subsequent offense, a fine not exceeding $500 or suspension or revocation of the license or both.
Md. Code, State Finance and Procurement § 17-702 — MD Code / Article gsf / Title 17 / Subtitle 7 / Section 17-702
§17–702.
Status: in_force

§17–702. IN EFFECT

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **

(a) For purposes of this subtitle, a person engages in investment activities in Iran if:

(1) the person provides goods or services of $20,000,000 or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

(2) the person is a financial institution that extends $20,000,000 or more in credit to another person for 45 days or more if the person to whom the credit is extended:

(i) will use the credit to provide goods or services in the energy sector of Iran as described in item (1) of this subsection; and

(ii) is, at the time of the extension of credit, identified on a list created under § 17–704 of this subtitle as a person engaging in investment activities in Iran.

(b) If the Board determines that the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 has been amended or any other federal act or law has been enacted or amended that authorizes or requires the reduction of the dollar amounts provided for in this section or otherwise alters the parameters of investment activities in Iran for the purpose of imposing sanctions, the Board shall adopt regulations to reduce the dollar amounts or alter the parameters.
Md. Code, Commercial Law § 17-313 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-313
§17–313.
Status: in_force

On the payment or delivery of any abandoned property under this title to the Administrator, the State shall assume custody and shall be responsible for its safekeeping. Any person who pays or delivers abandoned property to the Administrator under this title is relieved of all liability, to the extent of the value of the property paid or delivered, for any claim which exists or may arise with respect to the property. Any holder who has paid money to the Administrator under this title may make payment to any person who appears to the holder to be entitled to it and, on proof of the payment and proof that the payee was entitled to it, the Administrator immediately shall reimburse the holder for the payment.
Md. Code, Business Occupations and Professions § 17-3A-03 — MD Code / Article gbo / Title 17 / Subtitle 3A / Section 17-3A-03
§17–3A–03.
Status: in_force

Obtaining a reciprocal license from the Commission shall constitute sufficient contact with the State for the exercise of personal jurisdiction by the Commission and the courts of the State over the holder of a reciprocal license in any action or proceeding arising out of acts or omissions by the holder of the reciprocal license:

(1) in the State; or

(2) relating to an actual or proposed transaction involving real property located in the State.
Md. Code, Business Regulation § 17-908 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-908
§17–908.
Status: in_force

(a) (1) The clerk shall provide a metal tag and license sticker to each peddler who holds a peddler license.

(2) The clerk shall provide a license sticker to each peddler who renews a peddler license.

(b) (1) A peddler shall possess the metal tag and license sticker at all times that the individual is acting as a peddler.

(2) A one–horse peddler, two–horse peddler, and motor vehicle peddler shall keep the metal tag and license sticker attached to the vehicle.
Md. Code, Business Occupations and Professions § 17-527 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-527
§17–527.
Status: in_force

In Baltimore City and Baltimore County, a real estate broker, associate real estate broker, or real estate salesperson may not mass solicit listings by using the name or address of a present or previous client without the written consent of both parties to the contract.
Md. Code, State Finance and Procurement § 17-208 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-208
§17–208.
Status: in_force

(a) (1) For each public work to which this subtitle applies, the Commissioner shall determine the prevailing wage rate for each classification of worker engaged in work of the same or a similar character.

(2) The Commissioner shall determine the prevailing wage rates for both straight time and overtime.

(3) These determinations shall be made in accordance with:

(i) the applicable provisions of Title 10, Subtitles 1 through 3 of the State Government Article; and

(ii) to the extent not inconsistent with those provisions, the requirements of this section.

(b) (1) Except as provided in subsection (c) of this section, the prevailing wage rate for straight time for a worker is the rate paid:

(i) in the locality;

(ii) on projects similar to the proposed public work;

(iii) for work of the same or a similar character as that to be performed on the public work; and

(iv) to 50% or more of the workers in the worker’s occupational classification.

(2) The prevailing wage rate for overtime for a worker shall be at least time and a half the prevailing wage rate for straight time for that worker.

(c) (1) If fewer than 50% of the workers in the locality working in the same classification receive the same wage rate:

(i) the prevailing wage rate shall be the rate paid to at least 40% of those workers; or

(ii) if fewer than 40% receive the same wage rate, the rate shall be a weighted average rate obtained by:

1. adding the products obtained by multiplying each hourly rate paid to workers in the classification by the number of workers receiving that rate; and

2. dividing that sum by the total number of workers in the classification.

(2) If the Commissioner determines that there is not a substantial number of competent workers engaged in similar work in the locality, the Commissioner shall determine the prevailing wage rate based on the nearest locality within the State that most closely approximates that locality in:

(i) population;

(ii) degree of industrialization; and

(iii) skill of work force.

(d) The calculation of the rate paid in the locality shall include the basic hourly rate of pay and either:

(1) if a contractor is not required by law to provide fringe benefits, the hourly rate of contribution irrevocably made by a contractor or subcontractor to a third person under a fund, plan, or program that provides:

(i) medical, surgical, or hospital care;

(ii) retirement, disability, or death benefits, including a profit sharing plan that provides benefits on retirement;

(iii) unemployment, life, or accident insurance or compensation;

(iv) insurance or compensation for injury or illness resulting from occupational activity;

(v) vacation and holiday pay;

(vi) subsidies to defray costs of apprenticeship or other similar programs; or

(vii) other bona fide fringe benefits; or

(2) the hourly rate of costs to the contractor or subcontractor that reasonably may be anticipated in providing the fringe benefits specified in item (1) of this subsection under an enforceable commitment to carry out a financially responsible plan or program that is communicated in writing to the workers.

(e) An apprentice under a public work contract shall be paid at least the percentage, set by the Council, of the prevailing wage rate for a mechanic in the trade in which the apprentice is employed.
Md. Code, Business Occupations and Professions § 17-3A-08 — MD Code / Article gbo / Title 17 / Subtitle 3A / Section 17-3A-08
§17–3A–08.
Status: in_force

The Commission shall annually publish in the Maryland Register and make available both on request and on the Internet:

(1) (i) a list of states with which the Commission has signed agreements under § 17-3A-06 of this subtitle; and

(ii) a summary of the terms of each agreement listed under item (i) of this paragraph; and

(2) (i) a list of the states that the Commission has identified under § 17-3A-07 of this subtitle as not offering substantially comparable reciprocal licensure opportunities; and

(ii) a description of the additional requirements the Commission determines are necessary for applicants from other states to comply with the requirements of § 17-3A-07 of this subtitle.
Md. Code, Health Occupations § 17-6A-15 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-15
§17–6A–15.
Status: in_force

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

(b) At least 1 month before a license expires, the Board shall send to the licensee, by first–class mail or electronic mail to the last known address of the licensee, a renewal notice that states:

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

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

(3) The amount of the renewal fee.

(c) Before a license expires, the licensee periodically may renew the license for an additional term if the licensee:

(1) Otherwise is entitled to be licensed;

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

(3) Submits to the Board:

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

(ii) Satisfactory evidence of compliance with any continuing education requirements established by the Board under subsection (d) of this section.

(d) The Board may establish continuing education requirements as a condition of the renewal of licenses under this section.

(e) The Board shall renew the license of each licensee who meets the requirements of this section.
Md. Code, Business Occupations and Professions § 17-213 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-213
§17–213.
Status: in_force

(a) (1) Beginning on July 1, 2007, the Commission may set by regulation reasonable fees for its services.

(2) The fees charged shall be:

(i) set so as to produce funds to approximate the cost of maintaining the Commission; and

(ii) based on the calculations performed by the Secretary of Labor under § 2–106.4 of the Business Regulation Article.

(b) The Commission shall publish the fee schedule set by the Commission.

(c) (1) Beginning on July 1, 2006, the Commission shall pay all fees collected under this title to the Comptroller.

(2) The Comptroller shall distribute the fees to the State Real Estate Commission Fund established in § 2–106.3 of the Business Regulation Article.
Md. Code, Business Regulation § 17-1906 — MD Code / Article gbr / Title 17 / Subtitle 19 / Section 17-1906
§17–1906.
Status: in_force

(a) A person may not sell goods or offer goods for sale through a vending machine in the State unless the person has a vending machine license that covers that machine.

(b) An unauthorized person may not remove or tamper with a license sticker or seal on a vending machine.

(c) A person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100.
Md. Code, Health Occupations § 17-6A-06 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-06
§17–6A–06.
Status: in_force

(a) The Committee consists of five members appointed by the Board as follows:

(1) (i) On or before December 31, 2014, four behavior analysts who:

1. Are certified by the Behavior Analyst Certification Board; and

2. Have a minimum of 5 years of clinical experience; and

(ii) On or after January 1, 2015, four licensed behavior analysts who:

1. Are certified by the Behavior Analyst Certification Board; and

2. Have a minimum of 5 years of clinical experience; and

(2) One consumer member who is receiving services, has received services, or has a child who is receiving services for a behavioral disorder, including an autism spectrum disorder.

(b) The consumer member of the Committee:

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

(2) May not be or ever have been a behavior analyst or in training to become a behavior analyst;

(3) May not have a household member who is a behavior analyst or in training to become a behavior analyst;

(4) May not participate or ever have participated in a commercial or professional field related to behavior analysis;

(5) May not have a household member who participates in a commercial or professional field related to behavior analysis; and

(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.

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

(2) The terms of members are staggered as required by the terms provided for members of the Committee on October 1, 2014.

(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.

(5) A member may not serve more than 2 consecutive full terms.

(d) The Board may remove a member for incompetence or misconduct.
Md. Code, Land Use § 17-403 — MD Code / Article glu / Title 17 / Subtitle 4 / Section 17-403
§17–403.
Status: in_force

(a) (1) The Commission has received property as a gift under the last will of Violet Blair Janin to establish a public park in memory of Jesup Blair.

(2) The property received under paragraph (1) of this subsection is the portion of the farm, “The Moorings”, from the trees fronting on Georgia Avenue and Blair Road, including all improvements.

(3) In accordance with the conditions set forth in the will, the Commission shall:

(i) make ample provision for the maintenance of the property as a public park;

(ii) unless it is absolutely necessary to remove trees in connection with the laying out of the public park, preserve all of the trees on the property; and

(iii) replace any trees on the property that are destroyed or die.

(b) The Commission may possess, manage, control, and maintain the property as a public park and memorial to Jesup Blair by:

(1) preserving trees on the property;

(2) maintaining good order in the public park;

(3) building and maintaining roads, buildings, and conveniences as necessary or advisable;

(4) replacing trees that die or are destroyed; and

(5) taking other actions necessary to maintain the public park in good condition and carry out the purposes of the gift.

(c) The Commission shall make yearly expenditures from the general revenues of the Commission received under this division to pay the cost of the maintenance, development, and use of the public park as necessary to accomplish the purposes of this division.
Md. Code, State Government § 17-102 — MD Code / Article gsg / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

An ineligibility established under § 17-101 of this title:

(1) may not be removed by an accounting with or payment into the Treasury of the State to validate an election or appointment that has already occurred; but

(2) shall be removed only for a future election or appointment.
Md. Code, Environment § 17-203 — MD Code / Article gen / Title 17 / Subtitle 2 / Section 17-203
§17–203.
Status: in_force

(a) From among its members, the Board shall elect a chair, vice chair, and secretary annually.

(b) The Board shall determine the manner of the election of officers.
Md. Code, Public Utilities § 17-104 — MD Code / Article gpu / Title 17 / Subtitle 1 / Section 17-104
§17–104.
Status: in_force

(a) A commissioner may be removed before the completion of the commissioner’s term:

(1) in Montgomery County:

(i) by the County Executive with the approval of a majority of the members of the County Council; or

(ii) unless the County Executive disapproves the resolution in writing within 30 days after its adoption, by resolution of a majority of the members of the County Council; and

(2) in Prince George’s County, by the County Executive with the approval of a majority of the members of the County Council.

(b) (1) Unless a hearing is waived in writing by the commissioner designated for removal, before any removal under this section, a public hearing shall be held:

(i) in Montgomery County, by the body initiating the removal proceeding; or

(ii) in Prince George’s County, by the County Council.

(2) The commissioner shall be given an opportunity at the hearing to present a defense.
Md. Code, State Finance and Procurement § 17-224 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-224
§17–224.
Status: in_force

(a) (1) If an employee under a public work contract is paid less than the prevailing wage rate for that employee’s classification for the work performed, the employee may file a complaint with the Commissioner.

(2) Except as otherwise provided in this section, a complaint filed under this section shall be subject to the provisions of § 17–221 of this subtitle.

(3) If the Commissioner’s investigation determines that the employer violated provisions of this subtitle, the Commissioner shall try to resolve the issue informally.

(4) (i) If the Commissioner is unable to resolve the matter informally, the Commissioner shall issue an order for a hearing in accordance with § 17–221 of this subtitle.

(ii) If, at the conclusion of a hearing ordered under subparagraph (i) of this paragraph, the Commissioner determines that the employee is entitled to restitution under this subtitle, the Commissioner shall issue an order in accordance with § 17–221 of this subtitle.

(iii) If an employer of an employee found to be entitled to restitution under subparagraph (ii) of this paragraph is no longer working under a contract with a public body, the Commissioner may order that restitution be paid directly by the employer to the employee within a reasonable period of time, as determined by the Commissioner.

(5) If an employer fails to comply with an order to pay restitution to an employee under paragraph (4)(iii) of this subsection, the Commissioner or the employee may bring a civil action to enforce the order in the circuit court in the county where the employee or employer is located.

(b) (1) If an employee under a public work contract is paid less than the prevailing wage rate for that employee’s classification for the work performed, the employee is entitled to sue to recover the difference between the prevailing wage rate and the amount received by the employee.

(2) A determination by the Commissioner that a contractor is required to make restitution under subsection (a)(4) of this section does not preclude an employee from filing an action under this subsection.

(c) (1) An action under this section is considered to be a suit for wages.

(2) A judgment in an action under this section shall have the same force and effect as any other judgment for wages.

(3) An action brought under this section for a violation of this subtitle shall be filed within 3 years from the date the affected employee knew or should have known of the violation.

(d) (1) The failure of an employee to protest orally or in writing the payment of a wage that is less than the prevailing wage rate is not a bar to recovery in an action under this section.

(2) A contract or other written document in which an employee states that the employee shall be paid less than the amount required by this subtitle does not bar the recovery of any remedy required under this subtitle.

(e) (1) Except as provided in paragraph (3) of this subsection, if the court in an action filed under this section finds that an employer paid an employee less than the requisite prevailing wage, the court shall award the affected employee the difference between the wage actually paid and the prevailing wage at the time that the services were rendered.

(2) (i) Subject to subparagraph (ii) of this paragraph, unpaid fringe benefit contributions owed for an employee in accordance with this section shall be paid to the appropriate benefit fund, plan, or program.

(ii) In the absence of an appropriate benefit fund, plan, or program, the amount owed for fringe benefits for an employee shall be paid directly to the employee.

(3) The court may order the payment of double damages or treble damages under this section if the court finds that the employer withheld wages or fringe benefits willfully and knowingly or with deliberate ignorance or reckless disregard of the employer’s obligations under this subtitle.

(4) In an action under this section, the court shall award a prevailing plaintiff reasonable counsel fees and costs.

(5) If the court finds that an employee submitted a false or fraudulent claim in an action under this section, the court may order the employee to pay the employer reasonable counsel fees and costs.

(6) The contractor and subcontractor shall be jointly and severally liable for any violation of the subcontractor’s obligations under this section.

(f) (1) Subject to paragraph (2) of this subsection, an action filed in accordance with this section may be brought by one or more employees on behalf of that employee or group of employees and on behalf of other employees similarly situated.

(2) An employee may not be a party plaintiff to an action brought under this section unless that employee files written consent with the court in which the action is brought to become a party to the action.

(g) (1) A person found to have made a false or fraudulent representation or omission known to be false or made with deliberate ignorance or reckless disregard for its truth or falsity regarding a material fact in connection with any prevailing wage payroll record required by § 17–220 of this subtitle is liable for a civil penalty of $1,000 for each falsified record.

(2) The penalty shall be recoverable in a civil action filed in accordance with this section and paid to the State General Fund.

(h) An employer may not discharge, threaten, or otherwise retaliate or discriminate against an employee regarding compensation or other terms and conditions of employment because that employee or an organization or other person acting on behalf of that employee:

(1) reports or makes a complaint under this subtitle or otherwise asserts the worker’s rights under this section; or

(2) participates in any investigation, hearing, or inquiry held by the Commissioner under § 17–221 of this subtitle.

(i) (1) A contractor or subcontractor may not retaliate or discriminate against an employee in violation of this section.

(2) If a contractor or subcontractor retaliates or discriminates against an employee in violation of this section, the affected employee may file an action in any court of competent jurisdiction within 3 years from the employee’s knowledge of the action.

(3) If the court finds in favor of the employee in an action brought under this subsection, the court shall order that the contractor or subcontractor:

(i) reinstate the employee or provide the employee restitution, as appropriate;

(ii) pay the employee an amount equal to three times the amount of back wages and fringe benefits calculated from the date of the violation; and

(iii) pay reasonable counsel fees and other costs.
Md. Code, Health - General § 17-2A-04 — MD Code / Article ghg / Title 17 / Subtitle 2A / Section 17-2A-04
§17–2A–04.
Status: in_force

(a) After December 31, 2011, a forensic laboratory shall hold a license issued by the Secretary before the forensic laboratory may offer or perform forensic analysis in the State.

(b) The Secretary shall issue a letter of exception to a laboratory that:

(1) Performs only limited forensic analysis; and

(2) Meets the exception requirements in regulations adopted by the Secretary.

(c) The Secretary may grant an out–of–state forensic laboratory a waiver from the licensure requirements of this subtitle with conditions.
Md. Code, Health Occupations § 17-509 — MD Code / Article gho / Title 17 / Subtitle 5 / Section 17-509
§17–509.
Status: in_force

Subject to the hearing provisions of § 17–511 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny trainee status, a license, or a certificate to any applicant, place any trainee, licensee, or certificate holder on probation, reprimand any trainee, licensee, or certificate holder, or suspend, rescind, or revoke the status of any trainee, a license of any licensee, or a certificate of any certificate holder if the applicant, trainee, licensee, or certificate holder:

(1) Fraudulently or deceptively obtains or attempts to obtain trainee status, a license, or a certificate for the applicant, trainee, licensee, or certificate holder or for another;

(2) Habitually is intoxicated;

(3) Provides professional services:

(i) While under the influence of alcohol; or

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

(4) Aids or abets an unauthorized individual in practicing clinical or nonclinical counseling or therapy or representing to be an alcohol and drug counselor, marriage and family therapist, professional counselor, or professional art therapist;

(5) Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(6) Willfully makes or files a false report or record in the practice of counseling or therapy;

(7) Makes a willful misrepresentation while counseling or providing therapy;

(8) Violates the code of ethics adopted by the Board;

(9) Knowingly violates any provision of this title;

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

(11) Is professionally, physically, or mentally incompetent;

(12) Submits a false statement to collect a fee;

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

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

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

(16) Commits an act of immoral or unprofessional conduct in the practice of clinical or nonclinical counseling or therapy;

(17) Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;

(18) Fails to cooperate with a lawful investigation conducted by the Board; or

(19) Fails to submit to a criminal history records check in accordance with § 17–501.1 of this subtitle.
Md. Code, Business Regulation § 17-202 — MD Code / Article gbr / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

(a) The Comptroller or the Executive Director shall enforce this title.

(b) (1) The Comptroller:

(i) shall appoint a chief license inspector; and

(ii) may appoint assistant license inspectors.

(2) The chief license inspector and each assistant license inspector is entitled to:

(i) compensation in accordance with the State budget; and

(ii) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(c) The Comptroller may delegate any power or duty of the Comptroller under this title.

(d) To enforce this title, the Comptroller may make investigations and hold hearings on any matter covered by this title, at any time or place in the State, and, in connection with an investigation or hearing, may:

(1) administer oaths;

(2) examine witnesses;

(3) receive evidence; and

(4) issue subpoenas for the attendance of witnesses to testify or to produce evidence.

(e) The Comptroller shall make all license materials, including stickers, available to the clerks on or before April 1 each year.

(f) The Executive Director, or an officer of the Field Enforcement Division of the Alcohol and Tobacco Commission, may make investigations and issue citations to enforce this title.

(g) The Comptroller may adopt regulations to:

(1) carry out this title; and

(2) define any term used in this title.
Md. Code, Education § 17-402 — MD Code / Article ged / Title 17 / Subtitle 4 / Section 17-402
§17–402.
Status: in_force

(a) If an institution of higher education receives grant funding from a non–State source to increase the quality and diversity of applicants for the institution’s teacher training program, the institution may receive additional grant funding from the State, as needed, in an amount equal to or less than the non–State grant received by the institution.

(b) In each fiscal year, the amount of grant funding provided by the State to institutions of higher education in accordance with subsection (a) of this section may not exceed $500,000.
Md. Code, Environment § 17-205 — MD Code / Article gen / Title 17 / Subtitle 2 / Section 17-205
§17–205.
Status: in_force

(a) The Board may:

(1) Recommend regulations for adoption by the Secretary to carry out the provisions of this title; and

(2) Make inquiries and conduct an investigation regarding any applicant for a license.

(b) The Board shall:

(1) Carry out the provisions of this title;

(2) Collect and account for the fees provided for under this title; and

(3) Keep a current record of all individuals and entities licensed under this title, including:

(i) The names of individuals and entities that are licensed;

(ii) The issuance and expiration dates of the licenses; and

(iii) Any other information that the Board considers appropriate.
Md. Code, State Finance and Procurement § 17-701 — MD Code / Article gsf / Title 17 / Subtitle 7 / Section 17-701
§17–701.
Status: in_force

§17–701. IN EFFECT

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **

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

(b) “Energy sector of Iran” means activities to develop petroleum or natural gas resources or nuclear power in Iran.

(c) “Financial institution” has the meaning stated in Section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172).

(d) “Iran” includes the government of Iran and any agency or instrumentality of Iran.

(e) “Person” includes:

(1) a natural person, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2) a governmental entity or instrumentality of a government, including a multilateral development institution, as defined by the federal International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or

(3) any parent, successor, subunit, direct or indirect subsidiary of, or any entity under common ownership or control with, an entity described in item (1) or (2) of this subsection.

(f) “Public body” means:

(1) the State;

(2) a county, municipal corporation, or other political subdivision;

(3) a public instrumentality; or

(4) any governmental unit authorized to award a contract.
Md. Code, Alcoholic Beverages and Cannabis § 17-1308 — MD Code / Article gab / Title 17 / Subtitle 13 / Section 17-1308
§17–1308.
Status: in_force

(a) (1) A simple majority of the total number of the members of the Board may act to approve or deny an application for a per diem license:

(i) in a formal meeting, with a quorum present; or

(ii) in accordance with paragraph (2) of this subsection, through oral or written contact by any method by the chair with each member of the Board.

(2) The chair shall make a written record under paragraph (1)(ii) of this subsection of how each member and the chair voted.

(b) The Board may not require the publication of an application for a per diem license as a prerequisite to the issuing of the license.
Md. Code, Public Utilities § 17-402 — MD Code / Article gpu / Title 17 / Subtitle 4 / Section 17-402
§17–402.
Status: in_force

The Commission may not discriminate against a person on the basis of sex, race, creed, color, age, mental or physical disability, sexual orientation, religion, marital status, gender identity, genetic information, family responsibilities, or national origin.
Md. Code, Commercial Law § 17-101 — MD Code / Article gcl / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

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

(b) (1) “Abandoned property” means personal property that is considered abandoned under this title.

(2) “Abandoned property” includes property in the custody of the federal government that is classified as “unclaimed property” under federal law.

(c) “Administrator” means the State Comptroller.

(d) “Apparent owner” means a person whose name appears on a record of a holder as the owner of property held, issued, or owing by the holder.

(e) “Banking organization” means any bank, trust company, savings bank, land bank, and any other similar organization engaged in business in the State.

(f) “Business association” means any corporation, joint stock company, business trust, statutory trust, partnership, or any association for business purposes of two or more individuals.

(g) “County” includes Baltimore City.

(h) “Federal government” includes any of its agencies or instrumentalities.

(i) “Financial organization” means any savings and loan association or credit union engaged in business in the State.

(j) “Gift card” means a gift card described in § 14–1320 of this article.

(k) “Gift certificate” has the meaning stated in § 14–1319 of this article.

(l) “Holder” means any person who is:

(1) In possession of property subject to this title belonging to another;

(2) A trustee, in the case of a trust; or

(3) Indebted to another on an obligation subject to this title.

(m) “Indication of apparent owner interest in property” means:

(1) A record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held;

(2) An oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or its agent contemporaneously makes and preserves a record of the fact of the apparent owner’s communication;

(3) For an account, underlying security, or interest in a business association, the presentment of:

(i) A check or other instrument of payment of a dividend, interest payment, or other distribution; or

(ii) Evidence of receipt of a distribution made by electronic or similar means;

(4) Activity directed by an apparent owner in the account in which the property is held, including:

(i) Accessing the account or information concerning the account; or

(ii) A direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account;

(5) A deposit into or withdrawal from an account at a financial institution, including an automatic deposit or withdrawal previously authorized by the apparent owner other than an automatic reinvestment of dividends or interest;

(6) Subject to § 17–301(a)(3) of this title, payment of a premium on an insurance policy; and

(7) Any other action by the apparent owner that reasonably demonstrates to the holder that the apparent owner knows that the property exists.

(n) “Insurance corporation” means any association or corporation transacting in the State the business of insurance on the lives of persons or insurance pertaining to life insurance, including endowments and annuities, disability, accident and health insurance, and property, casualty, and surety insurance, as these terms are defined in the Insurance Article.

(o) “Owner” means:

(1) In the case of a deposit, a depositor or a person entitled to receive the funds as reflected on the records of the bank or financial organization;

(2) In the case of a trust, a beneficiary;

(3) In the case of other choses in action, a creditor, claimant, or payee;

(4) In the case of abandoned property in federal custody, the person who is defined as the owner by any applicable federal law;

(5) Any person who has a legal or equitable interest in property subject to this title, or the legal representative of that person; or

(6) In the case of a pension account or retirement account that qualifies for tax deferral under the income tax provisions of the Internal Revenue Code, the payee.

(p) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, an individual, business association, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(q) “Personal property” does not include:

(1) A gift certificate or a gift card;

(2) Credits in connection with the sale of consumer goods to a wholesaler or retailer in the ordinary course of business;

(3) Outstanding checks or credits issued to vendors or commercial customers in the ordinary course of business, other than property described in § 17–301.1(a) of this title held by a banking organization or financial organization;

(4) Credit balances in vendor or commercial customer accounts that occur in the ordinary course of business, other than property described in § 17–301.1(a) of this title held by a banking organization or financial organization; or

(5) Purchase price rebates issued to customers in the ordinary course of business.

(r) “Record” means information that is:

(1) Inscribed on a tangible medium; or

(2) Stored in an electronic or other medium and retrievable in perceivable form.

(s) “Service charge” means any type of deduction or charge made by a holder on property presumed abandoned under this title.

(t) “Utility” means any person who owns or operates in the State, for public use, any plant, equipment, property, franchise, or license for the transmission of communications, for the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas, or for the transportation of persons or property.

(u) (1) “Virtual currency” means a digital representation of value used as a medium of exchange, unit of account, or store of value that does not have legal tender status recognized by the United States.

(2) “Virtual currency” does not include:

(i) The software or protocols governing the transfer of the digital representation of value;

(ii) Game–related digital content; or

(iii) A loyalty card.
Md. Code, Local Government § 17-308 — MD Code / Article glg / Title 17 / Subtitle 3 / Section 17-308
§17–308.
Status: in_force

(a) The governing authority of an authorized participant may direct its financial officer to remit to the State Treasurer for investment in the Pool money that:

(1) is available for investment; and

(2) is not required, by law or a covenant or agreement with bondholders or others, to be segregated and invested in a different manner.

(b) The governing authority of an authorized participant having money intended for other postemployment benefits that are available for investment, as authorized under § 17–102 of this title, may direct its financial officer to remit that money to the State Treasurer for investment in the Pool.

(c) (1) If the governing authority of an authorized participant determines that it is in the best interest of the authorized participant to deposit money in the Pool, the governing authority shall:

(i) adopt a resolution or ordinance authorizing the deposit; and

(ii) file a certified copy of the resolution or ordinance with the State Treasurer accompanied by a statement of the approximate cash flow requirements of the authorized participant for the invested money.

(2) The resolution or ordinance shall indicate the official of the authorized participant who is responsible for depositing money in and withdrawing money from the Pool.

(d) Each subsequent deposit of money into the Pool shall be accompanied by a statement of:

(1) the intended duration of the investment; or

(2) the anticipated date of withdrawal of the money from the Pool.
Md. Code, Estates and Trusts § 17-113 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-113
§17–113.
Status: in_force

(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:

(1) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest;

(2) Act with care, competence, and diligence for the best interest of the principal; and

(3) Act only within the scope of authority granted in the power of attorney.

(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:

(1) Act loyally for the principal’s benefit;

(2) Act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest;

(3) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(4) Cooperate with a person that has authority to make health–care decisions for the principal to carry out the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest; and

(5) Attempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including:

(i) The value and nature of the principal’s property;

(ii) The principal’s foreseeable obligations and need for maintenance;

(iii) The extent to which the principal’s liability for taxes, including income, estate, inheritance, generation–skipping transfer, and gift taxes, can be minimized; and

(iv) The principal’s eligibility for a benefit, a program, or assistance under a statute or regulation.

(c) An agent that acts as provided in this section is not liable to any beneficiary of the principal’s estate plan for failure to preserve the plan.

(d) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from an act taken by the agent or has an individual or conflicting interest in relation to the property or affairs of the principal.

(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent’s representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.

(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal’s property declines.

(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.

(h) This section may not be construed to reduce any duty of an agent to the principal under existing State law.
Md. Code, Business Regulation § 17-1809 — MD Code / Article gbr / Title 17 / Subtitle 18 / Section 17-1809
§17–1809.
Status: in_force

(a) (1) If a trader disputes the value of the trader’s stock–in–trade on which the license fee is based, the trader may submit in accordance with the Tax – Property Article an appeal to the State Department of Assessments and Taxation as to the value of the stock–in–trade.

(2) To avoid being in default, the trader may pay the license fee and get a trader’s license with the understanding that the trader will get a refund of any excess amount paid for the trader’s license.

(b) (1) If the State Department of Assessments and Taxation reduces the value of the stock–in–trade, resulting in a lower license fee, the licensed trader may get a refund of any excess amount paid by submitting to the clerk who issued the trader’s license:

(i) a claim for the refund; and

(ii) supporting evidence of the reduction from the State Department of Assessments and Taxation.

(2) On approving the claim, the clerk shall pay the refund.

(c) If the clerk pays a refund, the clerk shall deduct the amount of the refund from the license fees distributed to the county or municipal corporation that receives the fee.