Md. Code, Natural Resources § 3-605 — MD Code / Article gnr / Title 3 / Subtitle 6 / Section 3-605
§3–605.
Status: in_force

(a) If the State has qualified as an adjacent coastal state under the federal act, the Governor preliminarily shall determine the State’s decision on the pending application, and submit his recommendation to the legislature, under subsection (d) of this section.

(b) The State’s decision shall consist of one of the following:

(1) Approval of the application;

(2) Disapproval of the application; or

(3) Conditional approval of the application, under which approval would be granted if the application were amended to remove certain inconsistencies with State programs relating to environmental protection, land and water use, or coastal zone management.

(c) In the preliminary determination of the State’s decision, the Governor shall consider factors, including:

(1) Environmental review criteria, including:

(i) The effect on the marine environment;

(ii) The effect on oceanographic currents and wave patterns;

(iii) The effect on alternate uses of the oceans and navigable waters, including scientific study, fishing, and exploration of other living and nonliving resources;

(iv) The effect of land–based developments related to deepwater port development;

(v) The effect on human health and welfare;

(vi) The effect on the State’s coastal zone management program under § 301(a) and (b) of the federal Coastal Zone Management Act of 1972; and

(vii) Other considerations the federal Secretary may deem necessary and appropriate;

(2) Economic, social, and cultural impacts;

(3) Impacts on existing and future State and local public facilities and services;

(4) Evidence presented at public hearings held within the State either required under the federal act or conducted by the State;

(5) The findings of any statement prepared under § 14–506 of the Environment Article, and the status of any permit action under Title 14, Subtitle 5 of the Environment Article;

(6) Views of all interested county or local governments; and

(7) Views of the Secretaries of Agriculture, Natural Resources, Transportation, the Environment, and Commerce and the Secretary of Planning.

(d) (1) Within 30 days after the last public hearing mandated by § 9(b)(1) of the federal act, the Governor shall submit a recommendation for the State’s decision to the legislature in the following manner:

(i) If the legislature is convened in regular or special session, the Governor shall submit a recommendation to the legislature for appropriate legislative action.

(ii) If the legislature is not convened in regular or special session, the Governor shall submit a recommendation to the Administrative, Executive, and Legislative Review Committee. Within five days of receipt of the Governor’s recommendation and after a public hearing, the Committee shall recommend to the President of the Senate and the Speaker of the House whether the Governor’s recommendation should represent the State’s decision or whether the legislature should convene in special session to review the Governor’s recommendation for appropriate legislative action. However, failure of the Committee to recommend review by the full legislature may not preclude convening of the legislature.

(2) (i) When the full legislature reviews the Governor’s recommendation under paragraph (1)(i) or (ii) of this subsection, the legislature, after a public hearing, may take appropriate legislative action to approve, disapprove, or conditionally approve the pending application.

(ii) In order to modify the Governor’s recommendation in any way, the legislature shall take action by joint resolution requiring at least three–fifths vote of each house. The joint resolution shall constitute the State’s decision on the pending application.

(iii) If the legislature fails to modify the Governor’s recommendation by the 44th day after the last public hearing mandated by the federal act, the Governor’s recommendation shall constitute the State’s decision on the pending application.

(3) The Governor shall send the State’s decision to the federal Secretary no later than 45 days after the last public hearing mandated by the federal act.
Md. Code, Correctional Services § 3-603 — MD Code / Article gcs / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

The managing official of a correctional facility shall present a copy of an incarcerated individual’s case record maintained under § 3–601 of this subtitle, or a summary of the record, to the Maryland Parole Commission:

(1) by the time the incarcerated individual becomes eligible for parole; and

(2) at other times on request.
Md. Code, Labor and Employment § 3-209 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

Except as otherwise provided in this subtitle, a minor under the age of 14 years may not be employed or allowed to be employed.
Md. Code, Public Utilities § 3-107 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

In addition to any other right a party in a proceeding before the Commission may be entitled to, the party may:

(1) summon witnesses, present evidence, and present argument;

(2) conduct cross-examination and submit rebuttal evidence; and

(3) take depositions in or outside of the State, subject to regulation by the Commission to prevent undue delay, and in accordance with the procedure provided by law or rule of court with respect to civil actions.
Md. Code, Criminal Law § 3-104 — MD Code / Article gcr / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

An individual who violates this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both.
Md. Code, Courts and Judicial Proceedings § 3-1302 — MD Code / Article gcj / Title 3 / Subtitle 13 / Section 3-1302
§3–1302.
Status: in_force

A responsible person is civilly liable to the merchant:

(1) To restore the merchandise to the merchant or, if the merchandise is not recoverable, has been damaged, or otherwise has lost all or part of its value, to pay the merchant an amount equal to the merchant’s stated sales price for the merchandise; and

(2) To pay the merchant for any other actual damages sustained by the merchant, not including the loss of time or wages incurred in connection with the apprehension or prosecution of the shoplifter or employee.
Md. Code, Public Safety § 3-529 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-529
§3–529.
Status: in_force

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

(2) (i) “Database” means any database operated by State and local law enforcement agencies, including databases maintained for a law enforcement agency by a private vendor.

(ii) “Database” does not include a registry operated under Title 11, Subtitle 7 of the Criminal Procedure Article.

(3) (i) “Law enforcement agency” means a federal, state, or local agency authorized to enforce criminal laws.

(ii) “Law enforcement agency” includes the Maryland Department of Public Safety and Correctional Services.

(b) An entity operating a database shall:

(1) deny access to the database to any individual who is seeking access for the purpose of enforcing federal immigration law, unless the individual presents a valid warrant issued by a federal court or a court of this State; and

(2) require an individual accessing the database to provide to the entity:

(i) the individual’s name;

(ii) the individual’s contact information, including a telephone number, an e–mail address, and a physical address; and

(iii) unless the individual presents a valid warrant issued by a federal court or a court of this State, a statement by the individual, under penalty of perjury, that the individual is not accessing the database for the purpose of enforcing federal immigration law.
Md. Code, General Provisions § 3-305 — MD Code / Article ggp / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) The exceptions in subsection (b) of this section shall be strictly construed in favor of open meetings of public bodies.

(b) Subject to subsection (d) of this section, a public body may meet in closed session or adjourn an open session to a closed session only to:

(1) discuss:

(i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of an appointee, employee, or official over whom it has jurisdiction; or

(ii) any other personnel matter that affects one or more specific individuals;

(2) protect the privacy or reputation of an individual with respect to a matter that is not related to public business;

(3) consider the acquisition of real property for a public purpose and matters directly related to the acquisition;

(4) consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State;

(5) consider the investment of public funds;

(6) consider the marketing of public securities;

(7) consult with counsel to obtain legal advice;

(8) consult with staff, consultants, or other individuals about pending or potential litigation;

(9) conduct collective bargaining negotiations or consider matters that relate to the negotiations;

(10) discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including:

(i) the deployment of fire and police services and staff; and

(ii) the development and implementation of emergency plans;

(11) prepare, administer, or grade a scholastic, licensing, or qualifying examination;

(12) conduct or discuss an investigative proceeding on actual or possible criminal conduct;

(13) comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter;

(14) discuss, before a contract is awarded or bids are opened, a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; or

(15) discuss cybersecurity, if the public body determines that public discussion would constitute a risk to:

(i) security assessments or deployments relating to information resources technology;

(ii) network security information, including information that is:

1. related to passwords, personal identification numbers, access codes, encryption, or other components of the security system of a governmental entity;

2. collected, assembled, or maintained by or for a governmental entity to prevent, detect, or investigate criminal activity; or

3. related to an assessment, made by or for a governmental entity or maintained by a governmental entity, of the vulnerability of a network to criminal activity; or

(iii) deployments or implementation of security personnel, critical infrastructure, or security devices.

(c) A public body that meets in closed session under this section may not discuss or act on any matter not authorized under subsection (b) of this section.

(d) (1) Unless a majority of the members of a public body present and voting vote in favor of closing the session, the public body may not meet in closed session.

(2) Before a public body meets in closed session, the presiding officer shall:

(i) conduct a recorded vote on the closing of the session; and

(ii) make a written statement of the reason for closing the meeting, including a citation of the authority under this section, and a listing of the topics to be discussed.

(3) If a person objects to the closing of a session, the public body shall send a copy of the written statement to the Board.

(4) The written statement shall be a matter of public record.

(5) A public body shall keep a copy of the written statement for at least 3 years after the date of the session.

(6) To the extent practicable, a public body shall post online the written statement required to be kept under paragraph (5) of this subsection.
Md. Code, Agriculture § 3-801 — MD Code / Article gag / Title 3 / Subtitle 8 / Section 3-801
§3–801.
Status: reserved

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

(b) “Live poultry market” means any facility or location where poultry:

(1) Is offered for sale, sold, distributed, or transferred; or

(2) Is slaughtered and sold on–site.

(c) “Poultry” means any living domesticated bird.

(d) “Poultry dealer” means a person who engages in the business of buying, selling, exchanging, or transporting poultry between a production facility and a live poultry market.

(e) “Production facility” means the facility or farm that is the origin of poultry offered for sale at a live poultry market.
Md. Code, Public Safety § 3-413 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-413
§3–413.
Status: in_force

(a) If sufficient facilities are available, the person in charge of a jail or place of detention shall receive and confine an individual arrested by a railroad police officer.

(b) An individual confined under subsection (a) of this section:

(1) is deemed to be in the custody of the railroad police; and

(2) has the same status as an individual arrested by any other peace or police officer of the State.
Md. Code, Criminal Procedure § 3-121 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-121
§3–121.
Status: in_force

(a) (1) If the State’s Attorney receives a report that alleges that a committed person has violated a condition of a conditional release, or if the State’s Attorney is notified by the court or Health Department under subsection (b) of this section, the State’s Attorney shall determine whether there is a factual basis for the complaint.

(2) If the State’s Attorney determines that there is no factual basis for the complaint, the State’s Attorney shall notify the person who made the report and take no further action.

(3) If the State’s Attorney determines that there is a factual basis to believe that the committed person has violated the terms of a conditional release and believes further action by the court is necessary, the State’s Attorney promptly shall:

(i) notify the Health Department of the alleged violation; and

(ii) file with the court a petition for revocation or modification of conditional release and send a copy of the petition to the Health Department.

(b) (1) If a court receives a report that alleges that a committed person has violated a condition of a conditional release, the court promptly shall:

(i) notify:

1. the Health Department;

2. counsel of record for the committed person; and

3. the State’s Attorney; and

(ii) provide the State’s Attorney with the name, address, and telephone number of the person who reported the violation and a copy of the order for conditional release.

(2) If the Health Department receives a report that alleges that a committed person has violated conditional release, the Department shall:

(i) notify:

1. the court;

2. counsel of record for the committed person; and

3. the State’s Attorney; and

(ii) provide the State’s Attorney with the name, address, and telephone number of the person who reported the violation and a copy of the order for conditional release.

(c) The petition for revocation or modification of a conditional release shall contain:

(1) a statement that the committed person has violated a term of a conditional release and that there is therefore reason to believe that the committed person no longer meets the criteria for eligibility for conditional release;

(2) a statement of the conditions violated;

(3) the factual basis for the statements in items (1) and (2) of this subsection;

(4) the most recent evaluation report on the committed person; and

(5) the designation by the Health Department of the facility to receive the returned committed person.

(d) If the court’s review of the petition determines that there is no probable cause to believe that the committed person has violated a conditional release, the court shall:

(1) note the determination on the petition and file it in the court file on the committed person; and

(2) notify the State’s Attorney, the Health Department, and the person who reported the violation.

(e) If the court’s review of the petition determines that there is probable cause to believe that the committed person has violated a conditional release, the court promptly shall:

(1) issue a hospital warrant for the committed person and direct that on execution the committed person shall be transported to the facility designated by the Health Department; and

(2) send a copy of the hospital warrant and the petition to:

(i) the State’s Attorney;

(ii) the Public Defender;

(iii) the counsel of record for the committed person;

(iv) the person who reported the violation;

(v) the Office; and

(vi) the Health Department.

(f) Within 10 days after the committed person is returned to the Health Department in accordance with the hospital warrant, the Office shall hold a hearing unless:

(1) the hearing is postponed or waived by agreement of the parties; or

(2) the Office postpones the hearing for good cause shown.

(g) At the hearing on revocation or modification:

(1) the committed person is entitled to be represented by counsel including, if the committed person is indigent, the Public Defender or designee of the Public Defender;

(2) the committed person, Health Department, and State’s Attorney are entitled to offer evidence, to cross–examine adverse witnesses, and to exercise any other rights that the Office considers necessary for a fair hearing; and

(3) the Office shall find:

(i) whether, by a preponderance of the evidence, the State has proved that the committed person violated conditional release; and

(ii) whether, by a preponderance of the evidence, the committed person nevertheless has proved eligibility for conditional release.

(h) (1) The Office promptly shall:

(i) send a report of the hearing and determination to the court; and

(ii) send copies of the report to the committed person, counsel for the committed person, the State’s Attorney, and the Health Department.

(2) Within 5 days after receipt of the report of the Office, the committed person, the State’s Attorney, or the Health Department may file exceptions to the determination of the Office.

(i) After the court considers the report of the Office, the evidence, and any exceptions filed, within 10 days after the court receives the report, the court shall:

(1) revoke the conditional release and order the committed person returned to the facility designated by the Health Department;

(2) modify the conditional release as required by the evidence;

(3) continue the present conditions of release; or

(4) extend the conditional release by an additional term of 5 years.

(j) The court shall notify the Criminal Justice Information System Central Repository of the issuance of any hospital warrant and any revocation it orders under this section.

(k) (1) An appeal from a District Court order shall be on the record in circuit court.

(2) An appeal from a circuit court order shall be by application for leave to appeal to the Appellate Court of Maryland.
Md. Code, Labor and Employment § 3-1804 — MD Code / Article gle / Title 3 / Subtitle 18 / Section 3-1804
§3–1804.
Status: in_force

(a) (1) The Student Loan Ombudsman shall develop and update as necessary material designed to promote awareness of and increase participation in the Program.

(2) The materials shall include:

(i) a standardized letter that:

1. gives a brief summary of the Program;

2. provides information about what an employee must do to benefit from the Program; and

3. recommends that employees visit the U.S. Department of Education’s official website for additional resources;

(ii) a detailed fact sheet that:

1. describes the Program; and

2. includes the U.S. Department of Education’s official website addresses for the Program and for resources for student loan borrowers; and

(iii) a document containing frequently asked questions about the Program.

(b) On or after October 15, 2025, the Student Loan Ombudsman, in coordination with other State agencies, shall make the materials developed under subsection (a) of this section available to public service employers.

(c) (1) On or after November 15, 2025, each public service employer shall provide each newly hired employee with the most recently available version of the materials developed under subsection (a) of this section within 30 days after the employee’s first day of employment.

(2) A public service employer may provide the materials developed under subsection (a) of this section by mail, by e–mail, or during an in–person new employee orientation.

(d) On or after March 15, 2026, each public service employer shall annually provide the most recently available version of the materials developed under subsection (a) of this section to all employees in written or electronic form.
Md. Code, Courts and Judicial Proceedings § 3-816 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-816
§3–816.
Status: in_force

(a) After a petition is filed under this subtitle, the court may order the local department or another qualified agency to make or arrange for a study concerning the child, the child’s family, the child’s environment, and other matters relevant to the disposition of the case.

(b) (1) As part of a study under this section, the court may order that the child or any parent, guardian, or custodian be examined at a suitable place by a physician, psychiatrist, psychologist, or other professionally qualified person.

(2) (i) The court may not order an inpatient evaluation unless, after a hearing, the court finds that an inpatient evaluation is necessary and there are no less restrictive means to obtain an evaluation.

(ii) Placement in an inpatient facility may not exceed 21 days unless the court finds good cause.

(c) (1) The report of a study under this section is admissible as evidence at a disposition hearing but not at an adjudicatory hearing.

(2) The attorney for each party has the right to receive the report at least 5 days before its presentation to the court, to challenge or impeach its findings and to present appropriate evidence with respect to it.

(3) The time requirement specified in paragraph (2) of this subsection does not apply to an emergency dispositional review hearing held in accordance with § 3-820 of this subtitle.
Md. Code, Health Occupations § 3-306 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) Subject to subsection (d) of this section, the Board shall license an applicant who meets the requirements of this title.

(b) (1) The Board shall maintain an electronic roster of each individual licensed by the Board.

(2) The roster shall be available for the purpose of electronically verifying licensure on the Board’s website.

(3) Individuals without access to the Board’s website may contact the Board to verify a license.

(c) The Board shall include on each electronic license record:

(1) The full name of the licensee;

(2) A license number;

(3) Designations that clearly distinguish between those licensees who may practice:

(i) Chiropractic;

(ii) Chiropractic with the right to practice physical therapy; and

(iii) Chiropractic under the supervision of a Board–approved licensed chiropractor;

(4) The status of the license;

(5) The expiration date of the license; and

(6) The original date of licensure.

(d) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 3–302.1 of this subtitle, in determining whether to grant a license, the Board shall consider:

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

(ii) The circumstances surrounding the crime;

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

(iv) Subsequent work history;

(v) Employment and character references; and

(vi) Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not license an applicant if the criminal history record information required under § 3–302.1 of this subtitle has not been received.
Md. Code, Business Regulation § 3-104 — MD Code / Article gbr / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

The purchase of a ticket to a carnival or amusement ride is not an assumption of risk by the buyer.
Md. Code, Financial Institutions § 3-712 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-712
§3–712.
Status: in_force

(a) Consummation of a consolidation or merger has the effects provided in this section.

(b) The separate existence of each constituent bank, except the successor, ceases.

(c) (1) The successor shall be considered the same business and corporate entity as each of the constituent banks and has all of the rights, powers, and duties of each constituent bank, except:

(i) As limited by the successor’s charter or bylaws; and

(ii) As limited by the Commissioner or the bank supervisory agency of the state by which an other-state bank is chartered under subsection (e) of this section.

(2) Each constituent bank’s rights, franchises, and interests in any property become the property of the successor without any deed, transfer, or other action.

(3) The successor has the same powers that each constituent bank had as to any property held in any fiduciary capacity, without any deed, transfer, or other action. The successor may be removed or replaced as fiduciary in the same manner and to the same extent as the constituent bank.

(d) (1) Unless this construction would be unreasonable, any reference to any constituent bank in any writing, whether executed or taking effect before or after the consolidation or merger, shall be interpreted as a reference to the successor.

(2) The successor may use the name of any constituent bank if it can do any act more conveniently under that name.

(e) If a constituent bank has assets or engages in business activities that do not conform to the law governing the successor, the Commissioner or the bank supervisory agency of the state by which an other-state bank is chartered may allow a reasonable time for the successor to conform to that law.

(f) Unless the Commissioner approves, the successor may not carry on its books an asset received from a constituent bank at a higher value than that on the books of the constituent bank at the time of the last examination by a State or federal bank examiner before the effective date of the consolidation or merger.
Md. Code, Labor and Employment § 3-1702 — MD Code / Article gle / Title 3 / Subtitle 17 / Section 3-1702
§3–1702.
Status: in_force

This subtitle applies only to essential employers in industries and sectors identified by the Governor or a federal or State agency as critical to remain in operation during the emergency.
Md. Code, Real Property § 3-703 — MD Code / Article grp / Title 3 / Subtitle 7 / Section 3-703
§3–703.
Status: in_force

(a) In this section, “paper document” means a document received by the clerk of a circuit court in a form that is not electronic.

(b) In compliance with any standards established by the Administrative Office of the Courts, the clerk of a circuit court:

(1) May receive, index, store, archive, and transmit electronic documents;

(2) May provide for access to, and search and retrieval of, documents and information by electronic means;

(3) Shall, if the clerk of the circuit court accepts electronic documents for recording, continue to accept paper documents and place entries for electronic and paper documents in the same index;

(4) May convert into electronic form:

(i) Paper documents accepted for recording; and

(ii) Information recorded before the clerk of the circuit court began to record electronic documents;

(5) Shall transmit documents in fully verified books to the State Archives for preservation and publication on a website maintained by the State Archives;

(6) May accept by electronic means any fee or tax collected as a condition precedent to recording a document; and

(7) Shall coordinate with other State or county officials on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording documents or the electronic payment of fees or taxes.

(c) The State Department of Assessments and Taxation or a county:

(1) May accept by electronic means any fee or tax that the Department or county is authorized to collect as a condition precedent to recording a document; and

(2) Shall coordinate with the clerk of a circuit court or other State official on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording documents or the electronic payment of fees or taxes.
Md. Code, Criminal Law § 3-212.1 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-212.1
§3–212.
Status: in_force

§3–212.1.

(a) (1) In this section, “vessel” means any watercraft that is used or is capable of being used as a means of transportation on water or ice.

(2) “Vessel” does not include a seaplane.

(b) A person may not cause a life–threatening injury to another as a result of the person’s driving, operating, or controlling a motor vehicle or vessel in a criminally negligent manner.

(c) For the purpose of this section, a person acts in a criminally negligent manner with respect to a result or a circumstance when:

(1) the person should be aware, but fails to perceive, that the person’s conduct creates a substantial and unjustifiable risk that such a result will occur; and

(2) the failure to perceive constitutes a gross deviation from the standard of care that would be exercised by a reasonable person.

(d) It is not a violation of this section for a person to cause a life–threatening injury to another as a result of the person’s driving, operating, or controlling a motor vehicle or vessel in a negligent manner.

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.
Md. Code, Corporations and Associations § 3-907 — MD Code / Article gca / Title 3 / Subtitle 9 / Section 3-907
§3–907.
Status: in_force

(a) Unless the charter of the Maryland corporation or articles of conversion provide otherwise, a proposed conversion of a Maryland corporation to an other entity may be abandoned before the effective date of the articles of conversion by majority vote of the entire board of directors of the Maryland corporation.

(b) Unless the articles of conversion provide otherwise, a proposed conversion of an other entity to a Maryland corporation may be abandoned in the manner and by the vote required by the governing document of the other entity and the laws of the place in which it is incorporated or organized or, if no manner and vote is specified, in the manner and by the vote required to approve the conversion under § 3–902 of this subtitle.

(c) If the articles of conversion have been filed with the Department, notice of the abandonment shall be given promptly to the Department.

(d) (1) If the proposed conversion is abandoned as provided in this section, no legal liability arises under the articles of conversion.

(2) Abandonment of a conversion under this section does not prejudice the rights of any person under any other contract made by a Maryland corporation in connection with the proposed conversion.
Md. Code, Courts and Judicial Proceedings § 3-8A-07 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-07
§3–8A–07.
Status: in_force

(a) If the court obtains jurisdiction over a child under this subtitle, that jurisdiction continues until that person reaches 21 years of age unless terminated sooner.

(b) This section does not affect the jurisdiction of other courts over a person who commits an offense after the person reaches the age of 18.

(c) Unless otherwise ordered by the court, the court’s jurisdiction is terminated over a person who has reached 18 years of age when he is convicted of a crime, including manslaughter by automobile, unauthorized use or occupancy of a motor vehicle, any violation of Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article, or § 21-902 of the Transportation Article, but excluding a conviction for a violation of any other traffic law or ordinance or any provision of the State Boat Act, or the fish and wildlife laws of the State.

(d) A person subject to the jurisdiction of the court may not be prosecuted for a criminal offense committed before he reached 18 years of age unless jurisdiction has been waived.

(e) The court has exclusive original jurisdiction, but only for the purpose of waiving it, over a person 21 years of age or older who is alleged to have committed a delinquent act while a child.
Md. Code, Public Utilities § 3-102 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) (1) Any person may file a complaint with the Commission.

(2) The complaint shall be in writing and set forth circumstances that allege a violation of this division by a public service company.

(b) If a complaint filed under subsection (a) of this section states on its face a violation of this article or if the Commission determines that the complaint deserves an explanation, the Commission shall:

(1) serve a copy of the complaint on the public service company; and

(2) issue an order that requires the public service company to satisfy or answer the complaint in writing within a specified time.

(c) A person that is the subject of a complaint filed by any person or the Commission is entitled to a hearing in a contested case that results from the complaint.

(d) (1) Subject to paragraph (2) of this subsection, the Commission must conduct an investigation of the matters in a complaint filed under this section if the complaint concerns the following:

(i) the quality or reliability of gas supply or electric power supply; or

(ii) the price of gas or electricity.

(2) In order to be entitled to an investigation under paragraph (1) of this subsection, the complaint shall be signed by:

(i) the People’s Counsel;

(ii) the chief executive or local legislative body of a municipal corporation or county in which a gas or electric company is authorized to operate; or

(iii) not less than 100 customers of the gas company or electric company, with the names and addresses of the customers set out in the complaint.

(e) (1) The Commission shall begin proceedings on its own motion against a person by filing a complaint.

(2) The complaint filed under paragraph (1) of this subsection for the first time in a proceeding shall be served on the person that is the subject of the complaint before any hearing on the matter.

(f) Unless a complaint is voluntarily satisfied, the Commission shall take final action on each complaint by issuing an order that:

(1) dismisses the complaint;

(2) directs full or partial satisfaction of the complaint; or

(3) directs any action that the Commission considers to be warranted.
Md. Code, Criminal Procedure § 3-114 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

(a) A committed person may be released under the provisions of this section and §§ 3–115 through 3–122 of this title.

(b) A committed person is eligible for discharge from commitment only if that person would not be a danger, as a result of a mental disorder or an intellectual disability, to self or to the person or property of others if discharged.

(c) A committed person is eligible for conditional release from commitment only if that person would not be a danger, as a result of a mental disorder or an intellectual disability, to self or to the person or property of others if released from confinement with conditions imposed by the court.

(d) To be released, a committed person has the burden to establish by a preponderance of the evidence eligibility for discharge or eligibility for conditional release.
Md. Code, Estates and Trusts § 3-409 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-409
§3–409.
Status: in_force

(a) On receipt of a written request by the surviving spouse, all information necessary to calculate the elective share under this subtitle shall be delivered to the surviving spouse by, as applicable:

(1) The personal representative of the decedent;

(2) The trustee of any revocable trust of the decedent; or

(3) The person responsible for filing the estate tax return.

(b) (1) The filing of an election to take the elective share under § 3–407 of this subtitle is deemed to give adequate notice of the election to, as applicable:

(i) The personal representative of the decedent;

(ii) The trustee of any revocable trust of the decedent; or

(iii) The person responsible for filing the estate tax return.

(2) The person receiving notice of an election to take the elective share under paragraph (1) of this subsection shall promptly deliver notice of the election to each person from whom any portion of the elective share may be payable.

(c) Within 60 days after the date a trustee of a revocable trust of the decedent acquires knowledge of the decedent’s death, the trustee shall notify the surviving spouse of the existence of the trust, of the identity of the trustees, and of the surviving spouse’s right to request a copy of the trust instrument.

(d) On receipt of a written request by the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, the surviving spouse shall deliver to the person making the request all information relevant to the calculation of the elective share under this subtitle that is in the possession of the surviving spouse and not otherwise available to the person making the request.
Md. Code, Corporations and Associations § 3-605 — MD Code / Article gca / Title 3 / Subtitle 6 / Section 3-605
§3–605.
Status: in_force

This subtitle may be cited as the Maryland Business Combination Act.
Md. Code, Correctional Services § 3-215 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-215
§3–215.
Status: in_force

(a) In accordance with the State budget, the Division may appoint officers and other employees as necessary to operate the Division and its units efficiently and effectively.

(b) (1) Except as otherwise provided in this subtitle, all officers and other employees of the Division shall be appointed and removed in accordance with the provisions of the State Personnel and Pensions Article.

(2) The following positions are in the executive service, the management service, or are special appointments of the skilled service or the professional service in the State Personnel Management System:

(i) Commissioner;

(ii) Deputy Commissioner;

(iii) Assistant Commissioner;

(iv) industries general manager;

(v) warden;

(vi) facility administrator; and

(vii) assistant warden.

(3) (i) The warden of a correctional facility is the appointing officer for the officers and other employees of that facility.

(ii) The Commissioner is the appointing officer for the other officers and employees in the Division.

(c) The Division may provide a dwelling for a warden.

(d) A warden may not receive any compensation or perquisite other than:

(1) the compensation and reimbursement provided under subsection (e) of this section; and

(2) if provided under subsection (c) of this section, a dwelling.

(e) (1) Officers and other employees are entitled to:

(i) compensation as provided in the State budget; and

(ii) reimbursement for expenses in accordance with the Standard State Travel Regulations.

(2) Officers and other employees working 40 hours or more per week in a correctional facility are entitled to one free meal per shift as provided in the State budget.

(f) (1) The Secretary shall require an individual to pass a polygraph examination before being appointed to serve as a correctional officer in a correctional facility.

(2) The Secretary shall adopt regulations governing the administration of the polygraph examination required under paragraph (1) of this subsection.
Md. Code, Correctional Services § 3-413 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-413
§3–413.
Status: in_force

The Commissioner or the Commissioner’s designee may remove an incarcerated individual from the program at any time and for any reason.
Md. Code, Commercial Law § 3-302 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) Subject to subsection (c) and § 3-106(d), “holder in due course” means the holder of an instrument if:

(1) The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and

(2) The holder took the instrument (i) for value, (ii) in good faith, (iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, (iv) without notice that the instrument contains an unauthorized signature or has been altered, (v) without notice of any claim to the instrument described in § 3-306, and (vi) without notice that any party has a defense or claim in recoupment described in § 3-305(a).

(b) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection (a), but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument.

(c) Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken (i) by legal process or by purchase in an execution, bankruptcy, or creditor's sale or similar proceeding, (ii) by purchase as part of a bulk transaction not in ordinary course of business of the transferor, or (iii) as the successor in interest to an estate or other organization.

(d) If, under § 3-303(a)(1), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.

(e) If (i) the person entitled to enforce an instrument has only a security interest in the instrument and (ii) the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured.

(f) To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it.

(g) This section is subject to any law limiting status as a holder in due course in particular classes of transactions.
Md. Code, Public Safety § 3-113 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-113
§3–113.
Status: in_force

(a) The investigating unit of a law enforcement agency shall immediately review a complaint by a member of the public alleging police officer misconduct.

(b) Except as provided in subsection (d) of this section, for an incident involving a member of the public and a police officer:

(1) the investigating unit shall complete its investigation and forward its findings to the administrative charging committee within 334 days after the filing of a complaint by a member of the public;

(2) the administrative charging committee shall review and make a determination or ask for further investigation within 30 days after receipt of the investigating unit’s findings; and

(3) the process of review and investigation by the investigating unit through disposition by the administrative charging committee shall be completed within 395 days after the filing of a complaint by a member of the public.

(c) Except as provided in subsection (d) of this section, a law enforcement agency shall file any administrative charges arising out of an investigation of alleged police officer misconduct that is not required to be reviewed by an administrative charging committee within 1 year and 1 day after the date that the appropriate official employed by the law enforcement agency, as determined by written policy of the law enforcement agency, became aware of the incident that led to the investigation.

(d) If alleged police officer misconduct is the subject of a criminal investigation, an administrative charging committee or law enforcement agency shall file any administrative charges within 1 year and 1 day after the date of:

(1) the investigating law enforcement agency’s timely determination that the matter is not related to criminal activity;

(2) the disposition of all criminal charges filed against the police officer; or

(3) the administrative charging committee’s or law enforcement agency’s receipt of timely notice that the appropriate prosecutorial authority declined to file criminal charges.
Md. Code, Courts and Judicial Proceedings § 3-813 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-813
§3–813.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, a party is entitled to the assistance of counsel at every stage of any proceeding under this subtitle.

(b) Except for the local department and the child who is the subject of the petition, a party is not entitled to the assistance of counsel at State expense unless the party is:

(1) Indigent; or

(2) Otherwise not represented and:

(i) Under the age of 18 years; or

(ii) Incompetent by reason of mental disability.

(c) The Office of the Public Defender may not represent a party in a CINA proceeding unless the party:

(1) Is the parent or guardian of the alleged CINA;

(2) Applies to the Office of the Public Defender requesting legal representation by the Public Defender in the proceeding; and

(3) Is financially eligible for the services of the Public Defender.

(d) (1) A child who is the subject of a CINA petition shall be represented by counsel.

(2) Unless the court finds that it would not be in the best interests of the child, the court shall:

(i) Appoint an attorney with whom the Department of Human Services has contracted to provide those services, in accordance with the terms of the contract; and

(ii) If another attorney has previously been appointed, strike the appearance of that attorney.

(e) In addition to, but not instead of, the appointment of an attorney under this section, the court, in any action, may appoint an individual provided by a Court–Appointed Special Advocate Program created under § 3–830 of this subtitle.

(f) The court may assess against any party reasonable compensation for the services of an attorney appointed to represent a child in an action under this subtitle.
Md. Code, Education § 3-2A-03 — MD Code / Article ged / Title 3 / Subtitle 2A / Section 3-2A-03
§3–2A–03.
Status: in_force

(a) At the general election for the elected members of the county board, the ballot shall provide the voters of a councilmanic district with the choice to cast a vote “For” a candidate for election from that district only.

(b) After the election results are certified, the State Board of Elections shall declare for each district whether a candidate has been elected.

(c) In any election, if no candidate files a certificate of candidacy for the office or if no individual otherwise qualifies to have the individual’s name placed on the ballot, the County Council of Anne Arundel County shall appoint a qualified individual to fill that vacancy no later than 30 days after the general election.
Md. Code, Labor and Employment § 3-905 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-905
§3–905.
Status: in_force

(a) The Commissioner shall investigate as necessary to determine compliance with this subtitle and regulations adopted under this subtitle.

(b) (1) Any written or oral complaint or statement made by a person as part of an investigation under this section is confidential and may not be disclosed without the consent of the person until the investigation is concluded and a citation is issued.

(2) Any written or oral statement made by an individual alleged to be employed by the respondent as part of an investigation under this section is confidential and may not be disclosed without the consent of the individual.

(c) The Commissioner may enter a place of business or work site to:

(1) observe work being performed;

(2) interview individuals on the work site, including those identified as employees and independent contractors; and

(3) review and copy records.

(d) (1) The Commissioner may require each employer to:

(i) subject to paragraph (2) of this subsection, identify and produce for copying or inspection all records relevant to the classification of each individual;

(ii) attest to the truthfulness of each record that is copied in accordance with subsection (c)(3) of this section or each copy of a record that is provided to the Commissioner under item (i) of this paragraph and to sign the copy; or

(iii) at the option of the employer, submit a written statement about the classification of each employee on the form provided by the Commissioner, with any relevant records attached.

(2) An employer may comply with a requirement to produce records under paragraph (1)(i) of this subsection by producing copies of the records.

(e) An employer that fails to produce records for copying or inspection or a written statement under subsection (d) of this section within 30 business days after the Commissioner’s request, or an extension of time mutually agreed on by both parties, shall be subject to a fine not exceeding $500 per day for each day the records are not produced.

(f) (1) The Commissioner may issue a subpoena for testimony and the production of records.

(2) If a person fails to comply with a subpoena issued under this subsection, the Commissioner may file a complaint in the circuit court for the county where the person resides, is employed, or has a place of business, requesting an order directing compliance with the subpoena.
Md. Code, Land Use § 3-204 — MD Code / Article glu / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) Each local jurisdiction shall adopt a plan that includes:

(1) the elements required under Subtitle 1 of this title; and

(2) the visions set forth in § 1–201 of this article.

(b) (1) Except as provided in paragraph (2) of this subsection, only a legislative body that has adopted a plan may adopt regulations implementing the visions stated in § 1–201 of this article in the plan.

(2) This subsection does not limit the Department of Planning from exercising any authority granted under the State Finance and Procurement Article.

(c) (1) Subject to paragraph (2) of this subsection, a legislative body may adopt, modify, remand, or disapprove:

(i) the whole plan or part of the plan;

(ii) a plan for one or more geographic sections or divisions of the local jurisdiction; or

(iii) an amendment to the plan.

(2) The legislative body may hold a public hearing before remanding or disapproving and shall hold a public hearing before adopting or modifying:

(i) the whole plan or part of the plan;

(ii) a plan for one or more geographic sections or divisions of the local jurisdiction; or

(iii) an amendment to the plan.

(3) The planning commission shall hold a public hearing before submitting a new recommended plan to the legislative body, if the legislative body remands or disapproves:

(i) the whole plan or part of the plan;

(ii) a plan for one or more geographic sections or divisions of the local jurisdiction; or

(iii) an amendment to the plan.

(4) (i) The recommendation of the planning commission shall be considered approved if the legislative body fails to approve, modify, remand, or disapprove the recommended plan in accordance with paragraph (1) of this subsection within 90 days after the date that the planning commission certifies an attested copy of the recommended plan to the legislative body in accordance with § 3–203(f) of this subtitle.

(ii) Notwithstanding subparagraph (i) of this paragraph, if the legislative body determines that there are exigent circumstances so that the legislative body is unable to act in accordance with paragraph (1) of this subsection, by resolution the legislative body may extend the deadline in subparagraph (i) of this paragraph for no more than one 60–day extension.
Md. Code, Commercial Law § 3-605 — MD Code / Article gcl / Title 3 / Subtitle 6 / Section 3-605
§3–605.
Status: in_force

(a) In this section, the term “indorser” includes a drawer having the obligation described in § 3-414(d).

(b) Discharge, under § 3-604, of the obligation of a party to pay an instrument does not discharge the obligation of an indorser or accommodation party having a right of recourse against the discharged party.

(c) If a person entitled to enforce an instrument agrees, with or without consideration, to an extension of the due date of the obligation of a party to pay the instrument, the extension discharges an indorser or accommodation party having a right of recourse against the party whose obligation is extended to the extent the indorser or accommodation party proves that the extension caused loss to the indorser or accommodation party with respect to the right of recourse.

(d) If a person entitled to enforce an instrument agrees, with or without consideration, to a material modification of the obligation of a party other than an extension of the due date, the modification discharges the obligation of an indorser or accommodation party having a right of recourse against the person whose obligation is modified to the extent the modification causes loss to the indorser or accommodation party with respect to the right of recourse. The loss suffered by the indorser or accommodation party as a result of the modification is equal to the amount of the right of recourse unless the person enforcing the instrument proves that no loss was caused by the modification or that the loss caused by the modification was an amount less than the amount of the right of recourse.

(e) If the obligation of a party to pay an instrument is secured by an interest in collateral and a person entitled to enforce the instrument impairs the value of the interest in collateral, the obligation of an indorser or accommodation party having a right of recourse against the obligor is discharged to the extent of the impairment. The value of an interest in collateral is impaired to the extent (i) the value of the interest is reduced to an amount less than the amount of the right of recourse of the party asserting discharge, or (ii) the reduction in value of the interest causes an increase in the amount by which the amount of the right of recourse exceeds the value of the interest. The burden of proving impairment is on the party asserting discharge.

(f) If the obligation of a party is secured by an interest in collateral not provided by an accommodation party and a person entitled to enforce the instrument impairs the value of the interest in collateral, the obligation of any party who is jointly and severally liable with respect to the secured obligation is discharged to the extent the impairment causes the party asserting discharge to pay more than that party would have been obliged to pay, taking into account rights of contribution, if impairment had not occurred. If the party asserting discharge is an accommodation party not entitled to discharge under subsection (e), the party is deemed to have a right to contribution based on joint and several liability rather than a right to reimbursement. The burden of proving impairment is on the party asserting discharge.

(g) Under subsection (e) or (f), impairing value of an interest in collateral includes (i) failure to obtain or maintain perfection or recordation of the interest in collateral, (ii) release of collateral without substitution of collateral of equal value, (iii) failure to perform a duty to preserve the value of collateral owed, under Title 9 of this article or other law, to a debtor or surety or other person secondarily liable, or (iv) failure to comply with applicable law in disposing of collateral.

(h) An accommodation party is not discharged under subsection (c), (d), or (e) unless the person entitled to enforce the instrument knows of the accommodation or has notice under § 3-419(c) that the instrument was signed for accommodation.

(i) A party is not discharged under this section if (i) the party asserting discharge consents to the event or conduct that is the basis of the discharge, or (ii) the instrument or a separate agreement of the party provides for waiver of discharge under this section either specifically or by general language indicating that parties waive defenses based on suretyship or impairment of collateral.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.7 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.7
§3–8A–17.
Status: in_force

§3–8A–17.7.

(a) At a competency hearing, if the court determines that the child is incompetent to proceed, is unlikely to attain competency in the foreseeable future, has a mental disorder, as defined in § 10-620 of the Health - General Article, and is a danger to the life or safety of the child or others, the court may order a petition for emergency evaluation under § 10-622 of the Health - General Article.

(b) At a competency hearing, if the court determines that the child is incompetent to proceed, is unlikely to attain competency in the foreseeable future, and has a developmental disability, as defined in § 7-101 of the Health - General Article, the court may order the Developmental Disabilities Administration to evaluate the child within 30 days to determine the child’s eligibility for services under Title 7 of the Health - General Article.

(c) At a competency hearing, if the court determines that the child is incompetent to proceed and is unlikely to attain competency in the foreseeable future, the court:

(1) May dismiss the delinquency petition or violation of probation petition; and

(2) After the expiration of the time periods for dismissal specified in § 3-8A-17.9 of this subtitle, shall dismiss the delinquency petition or violation of probation petition.
Md. Code, Natural Resources § 3-3A-02 — MD Code / Article gnr / Title 3 / Subtitle 3A / Section 3-3A-02
§3–3A–02.
Status: in_force

(a) The Director of the Power Plant Siting and Research Program shall be responsible for the direction and coordination of the activities required under this subtitle.

(b) (1) To the extent funds are provided in the State budget, the departments, in cooperation with the participating agencies, shall conduct a comprehensive evaluation of:

(i) The sources of acid deposition received in the State;

(ii) The impact of acid deposition on the State;

(iii) Any available effective methods to alleviate any significant adverse impact on the State; and

(iv) The costs of the available effective methods to alleviate any significant adverse impact on the State.

(2) The departments shall utilize the results of studies conducted by other organizations where applicable and shall conduct independent research and monitoring studies where necessary.

(c) (1) The departments, in cooperation with the participating agencies, shall consult with and involve interested parties, including affected private sector industries and resource conservationists, in the comprehensive evaluation in subsection (b)(1) of this section.

(2) The interested parties shall participate in the planning of the research program and monitoring activities, the design of specific projects, the review of the results of studies, and the production of final reports.
Md. Code, Economic Development § 3-201 — MD Code / Article gec / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

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

(b) “Advisory Board” means the Maryland Life Sciences Advisory Board.

(c) “Corporation” means the Maryland Technology Development Corporation.

(d) “Life sciences” includes the fields of biotechnology, pharmaceuticals, biomedical technologies, life systems technologies, food sciences, environmental sciences, and biomedical devices.
Md. Code, Economic Development § 3-308 — MD Code / Article gec / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

The Office shall engage in any other activity reasonably necessary to achieve the purposes of this subtitle.
Md. Code, Corporations and Associations § 3-109 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

(a) In this section, “facts ascertainable outside the articles” includes:

(1) An action or a determination by any person, including the corporation, its board of directors, an officer or agent of the corporation, and any other person affiliated with the corporation;

(2) The contents of any agreement to which the corporation is a party or any other document; and

(3) Any other event.

(b) Articles of consolidation, merger, or share exchange shall contain the terms and conditions of the transaction and the manner of carrying it into effect, including:

(1) A statement that each party to the articles agrees to merge, to consolidate to form a new corporation, or to acquire stock or have its stock acquired in a share exchange, as the case may be;

(2) The name and place of incorporation or organization of:

(i) Each party to the articles; and

(ii) The successor corporation in a consolidation, merger, or share exchange or the successor domestic partnership, limited partnership or limited liability company in a merger;

(3) As to each foreign corporation:

(i) The date of its incorporation;

(ii) A statement whether it is incorporated under general law or by special act and, if incorporated by special act, the chapter number and year of passage; and

(iii) If the corporation is registered or qualified to do business in this State, the date of its registration or qualification;

(4) As to each foreign business trust:

(i) The date of its organization; and

(ii) If the business trust is registered or qualified to do business in this State, the date of its registration or qualification;

(5) As to each foreign partnership, limited partnership or limited liability company:

(i) The date of its formation; and

(ii) If the foreign partnership, limited partnership or limited liability company is registered or qualified to do business in this State, the date of its registration or qualification;

(6) Each county in this State where:

(i) Each corporation, partnership, limited partnership, limited liability company, and business trust party to the articles has its principal office; and

(ii) Any of the parties in a consolidation or merger, other than the successor, owns an interest in land;

(7) If the successor is a foreign corporation, foreign partnership, limited partnership, limited liability company, or a foreign business trust:

(i) The location of its principal office in the place where it is organized; and

(ii) The name and address of its resident agent in the place where it is organized;

(8) A statement that the terms and conditions of the transaction set forth in the articles were advised, authorized, and approved by each corporation, partnership, limited partnership, limited liability company, or business trust party to the articles in the manner and by the vote required by its charter, declaration of trust, or other governing document and the laws of the place where it is organized, and a statement of the manner of approval; and

(9) Every other provision necessary to effect the consolidation, merger, or share exchange.

(c) In addition to the requirements of subsection (b) of this section, articles of consolidation shall include:

(1) Every matter and fact required to be stated in articles of incorporation except the provisions about incorporators;

(2) As to each corporation party to the articles:

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

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

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

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

(3) The manner and basis of converting or exchanging issued stock of the consolidating corporations into different stock or other consideration, and the treatment of any issued stock of the consolidating corporations not to be converted or exchanged, any or all of which may be made dependent on facts ascertainable outside the articles of consolidation.

(d) In addition to the requirements of subsection (b) of this section, articles of merger shall include:

(1) (i) Any amendment to the charter, certificate of limited partnership, articles of organization, or declaration of trust of the successor to be effected as part of the merger; and

(ii) The restatement, if a restatement of the charter, the certificate of limited partnership, articles of organization, or declaration of trust of the successor is to be effected as a part of the merger;

(2) As to each corporation party to the articles:

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

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

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

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

(3) As to each business trust party to the articles:

(i) The total number of shares of beneficial interest of all classes and series which the business trust has authority to issue; and

(ii) The number of shares of beneficial interest of each class and series;

(4) If the charter or declaration of trust of the successor is amended in a manner which changes any of the information required by items (2) and (3) of this subsection, that information as it was both immediately before and as changed by the merger; and

(5) The manner and basis of converting or exchanging issued shares of stock of the merging corporations, outstanding partnership interest of the merging partnership or limited partnership, or shares of beneficial interest of the merging business trusts into different stock of a corporation, partnership interest of a partnership or limited partnership, outstanding membership interest of a limited liability company, shares of beneficial interest of a business trust, or other consideration, and the treatment of any issued shares of stock of the merging corporations, partnership interest of the merging partnership or limited partnerships, membership interest of the merging limited liability company, or shares of beneficial interest of the merging business trusts not to be converted or exchanged, any or all of which may be made dependent on facts ascertainable outside the articles of merger.

(e) In addition to the requirements of subsection (b) of this section, articles of share exchange shall include:

(1) As to the corporation the shares of which are to be acquired in the exchange:

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

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

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

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

(2) The manner and basis of exchanging the stock to be acquired for stock or other consideration to be issued or delivered by or on behalf of the successor, any or all of which may be made dependent on facts ascertainable outside the articles of share exchange.

(f) Articles of consolidation, merger, or share exchange may provide:

(1) The number and names of the directors or trustees of the successor, or of persons acting in similar positions, who will hold those positions as of the effective time of the consolidation, merger, or share exchange, if the persons serving in those positions will be changed in the consolidation, merger, or share exchange; and

(2) The titles and names of one or more officers of the successor, or of persons acting in similar positions, who will hold those positions as of the effective time of the consolidation, merger, or share exchange, if the persons serving in those positions will be changed in the consolidation, merger, or share exchange.
Md. Code, Criminal Law § 3-101.1 — MD Code / Article gcr / Title 3 / Subtitle 1 / Section 3-101.1
§3–101.
Status: in_force

§3–101.1.

(a) Attempted suicide is not a crime in the State.

(b) This section may not be construed to prohibit a person who commits one or more crimes in the course of attempting to commit suicide from being charged with the other crime or crimes.
Md. Code, Natural Resources § 3-2A-04 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-04
§3–2A–04.
Status: in_force

(a) If, at any time, the amount of money in the Grant Fund exceeds the amount that the Trust considers necessary currently to meet its expenses and obligations, the Department shall deposit the excess money with the State Treasurer, who shall invest the money in the manner provided for by law.

(b) Annually, the State Treasurer shall report to the Department as to:

(1) The status of the money invested under this subtitle;

(2) The market value of the assets in the Grant Fund as of the date of the report; and

(3) The interest received from investments for the Grant Fund during the period covered by the report.
Md. Code, Natural Resources § 3-103 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) (1) There is a body politic and corporate known as the “Maryland Environmental Service”.

(2) The Service is an instrumentality of the State and a public corporation by that name, style, and title, and the exercise by the Service of the powers conferred by this subtitle is the performance of an essential governmental function of the State.

(b) (1) There are four officers of the Service:

(i) An Executive Director;

(ii) A Deputy Director;

(iii) A Secretary; and

(iv) A Treasurer.

(2) (i) The four officers of the Service shall be appointed in accordance with this paragraph.

(ii) 1. The Executive Director shall be appointed by the Governor, with the advice and consent of the Senate solely with regard to the qualifications for the duties of the office.

2. The Executive Director serves at the pleasure of the Board with the concurrence of the Governor and shall receive such compensation as may be determined by the Board.

(iii) 1. The Deputy Director shall be appointed by the Executive Director with the approval of the Governor solely with regard to the qualifications for the duties of the office.

2. The Deputy Director serves at the pleasure of the Executive Director and shall receive such compensation as may be determined by the Board.

(iv) 1. The Secretary and the Treasurer shall be selected by the Board from among the Board’s members.

2. The Secretary and the Treasurer serve at the pleasure of the Board and shall receive such compensation as may be reasonably determined by the Board.

(3) The Board of Directors of the Service shall consist of the following members:

(i) The Executive Director, who shall serve as a nonvoting member;

(ii) The following two members, who shall each serve as a nonvoting member:

1. One member of the Senate of Maryland, appointed by the President of the Senate; and

2. One member of the House of Delegates, appointed by the Speaker of the House;

(iii) The Secretary of Planning, or the Secretary’s designee;

(iv) Three members from the public sector in the State in positions responsible for environmental, water, wastewater, or solid waste management;

(v) One member from the private sector in the State with technical, financial, development, or legal experience related to environmental, water, wastewater, or solid waste management;

(vi) One member from the private sector in the State with financial experience related to environmental, water, wastewater, or solid waste management; and

(vii) One member from the private sector in the State with experience or expertise in matters related to business ethics, preferably involving board of director ethics and conflicts of interest.

(4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the public sector and private sector members of the Board, as set forth in paragraph (3)(iv) through (vii) of this subsection shall be appointed by the Governor with the advice and consent of the Senate.

(ii) The Governor shall select at least one of the public sector members of the Board from a list of recommendations jointly compiled by the Maryland Association of Counties and the Maryland Municipal League.

(iii) The Governor may not appoint an employee of the Service to the Board.

(iv) At least one of the public sector or private sector members shall be a resident of a rural county in the State.

(5) (i) Five members constitute a quorum for the transaction of business of the Board.

(ii) The affirmative vote of at least five members is necessary for any action taken by the Board.

(6) Those members of the Board not already holding a public office shall receive from the Service:

(i) Per diem compensation as established by the Board; and

(ii) Reimbursement for expenses under Standard State Travel Regulations.

(7) The term of a member other than the Secretary of Planning, a member appointed under paragraph (3)(ii) of this subsection, and the Executive Director is 4 years.

(8) The terms of members other than the Secretary of Planning, a member appointed under paragraph (3)(ii) of this subsection, and the Executive Director are staggered as required by the terms provided for those members of the Board on July 1, 2021.

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

(10) A member who is appointed after a term has begun serves only the remainder of that term and until a successor is appointed and qualifies.

(11) A member of the Board who is appointed under paragraph (3)(iii) through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any partial term served before the initial 4–year term.

(12) Subject to paragraphs (13) and (14) of this subsection, the Board shall select a Chair from among the Board’s members.

(13) The Executive Director may not serve as the Secretary, Treasurer, or Chair of the Board.

(14) The Secretary of Planning or a member appointed under paragraph (3)(ii) of this subsection may not serve as the Secretary, Treasurer, or Chair of the Board.

(c) (1) The Executive Director:

(i) Is the administrative head of the Service;

(ii) Is directly responsible to the Board and shall advise the Board on all matters assigned to the Service;

(iii) Shall carry out the Board’s policies related to the Service;

(iv) Shall, at each regular meeting of the Board, present a detailed and itemized accounting and explanation of all expenses incurred by or on behalf of the Executive Director and the Deputy Director that, in the aggregate and calculated from the date of the previous regular meeting through the day before the date of the regular meeting at which the expenses will be presented, exceed $500; and

(v) Is responsible for the exercise of all powers and duties conferred upon the Service by the provisions of this subtitle except for those powers and duties specifically conferred by this subtitle on the Secretary, Treasurer, or Board.

(2) The voting members of the Board shall:

(i) Establish the criteria and procedures for evaluating the Executive Director;

(ii) Publish the criteria and procedures established under item (i) of this paragraph on the Service’s website; and

(iii) Annually evaluate the Executive Director in accordance with the criteria and procedures established under item (i) of this paragraph.

(3) The Deputy Director shall have the duties provided by law or delegated by the Executive Director.

(d) (1) The Secretary:

(i) Shall keep a record of the proceedings of the Board and be custodian of all books, documents, and papers filed with the Service and of the minute book or journal of the Service and its official seal;

(ii) May have copies made of all minutes, records, and documents of the Service and certify them to be true copies under the official seal of the Service; and

(iii) May, with the approval of the Board, delegate to another member of the Board, during an absence of the Secretary, any duty enumerated in items (i) and (ii) of this paragraph.

(2) Any person dealing with the Service may rely on the certificates described in paragraph (1)(ii) of this subsection, and certified copies shall be received as evidence in any court or other tribunal in the State, in the same manner and with the same effect as if the original books, papers, entries, records, or proceedings could be produced.

(3) With the approval of the Board, the Secretary may authorize an employee of the Service to serve as Deputy Secretary and to perform the functions set forth under paragraphs (1) and (2) of this subsection on behalf of the Secretary, subject to any restrictions and conditions that the Secretary establishes.

(e) (1) (i) The Treasurer shall:

1. Develop and maintain a detailed and accurate accounting system for all financial transactions of the Service; and

2. Perform other duties relating to the financial affairs of the Service as required by law or by a directive of the Board.

(ii) Unless any money of the Service is otherwise held by or payable to a trustee appointed pursuant to a resolution authorizing the issuance of bonds or notes or under a trust agreement securing the bonds or notes, the Treasurer shall:

1. Receive money of the Service until otherwise prescribed by law; and

2. Deposit the money as soon as it is received to the credit of the Service in any financial institution in which the State Treasurer is authorized to deposit State funds.

(iii) The Treasurer shall disburse money for the purposes of the Service according to law, only upon the Treasurer’s warrant.

(iv) The Treasurer shall make arrangements for the payment of the interest on and principal of the Service debt.

(v) Upon entering the performance of official duties, the Treasurer shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.

(2) (i) With the approval of the Board, the Treasurer may authorize an employee of the Service to serve as Deputy Treasurer and to disburse money for the purposes of the Service as provided by law, and subject to restrictions and other conditions that the Treasurer establishes.

(ii) The Deputy Treasurer shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.

(f) (1) The Attorney General of Maryland shall:

(i) Be the legal advisor for the Service and the Board; and

(ii) Enforce compliance with the requirements of this subtitle through any appropriate legal remedy and prosecute violations in accordance with the provisions of this subtitle.

(2) (i) The Attorney General shall assign to the Service the number of assistant Attorneys General and other staff requested by the Service.

(ii) One of the assistant Attorneys General shall be designated by the Attorney General as counsel to the Service.

(iii) The counsel to the Service shall have no other duty than to render, subject to the discretion and control of the Attorney General, the legal aid, advice, and counsel required by the Executive Director, the Board, and the other officials of the Service and, also subject to the discretion and control of the Attorney General, to supervise the other assistant Attorneys General assigned to the Service.

(iv) The counsel and every other assistant Attorney General assigned to the Service shall be practicing lawyers of this State in good standing and shall be entitled to a salary from the funds of the Service.

(v) After the Attorney General has designated an assistant Attorney General to serve as counsel to the Service, the Attorney General may not reassign the counsel without consulting with the Executive Director and the Board.

(vi) With the approval of the Attorney General and the Board, the Service may employ additional counsel that it considers necessary to carry out the provisions of this subtitle.

(g) (1) The Service is exempt from the provisions of Subtitles 3, 4, 5, and 7 of Title 4 of the State Finance and Procurement Article.

(2) The Service is exempt from the provisions of Division II of the State Finance and Procurement Article, but is not exempt from Subtitle 3 of Title 14, Subtitle 4 of Title 12, Title 16, and Title 17 of the State Finance and Procurement Article.

(3) (i) Except as otherwise provided in this paragraph, all procurements by the Service for materials, equipment, services, or supplies performed or furnished in connection with the planning, development, design, equipping, construction, or operation of any project owned or controlled by the Service, shall be awarded in accordance with rules and regulations adopted pursuant to the Administrative Procedure Act.

(ii) The Service may procure materials, equipment, services, or supplies by utilizing:

1. Competitive sealed bids;

2. Competitive sealed proposals;

3. Sole source procurement;

4. Intergovernmental cooperative purchasing agreements;

5. A small procurement process, if the procurement is estimated by the Service to result in an expenditure of $25,000 or less;

6. An emergency procurement process, if the procurement is necessary to avoid or to mitigate serious damage to public health, safety, or welfare; or

7. Pay–for–success contracting under § 13–228 of the State Finance and Procurement Article.

(4) (i) The approval of the Board shall be required on any nonemergency expenditure that exceeds $200,000.

(ii) The Service shall notify the Board of any nonemergency expenditure that exceeds $25,000.

(5) The Service may adopt rules and regulations to provide a process to resolve disputes between the Service and its contractors, that may include alternative dispute resolution by the parties to the dispute.

(h) (1) The Service:

(i) May create and establish 1 or more project reserve funds in such amounts as the Board considers appropriate, including the following project reserve funds:

1. An Eastern Correctional Institution Turbine Project Contingency Fund;

2. A Department of Natural Resources Project Contingency Fund; and

3. A Reimbursable Project Contingency Fund; and

(ii) Subject to paragraph (2) of this subsection, may pay into such funds:

1. Any money appropriated and made available by the State for the purposes of such funds;

2. Any proceeds from the sale of bonds or notes, to the extent provided in the resolution authorizing the issuance of the bonds or notes;

3. Revenues derived from a project of the Service; and

4. Any other money that may be received by or otherwise made available to the Service from any other source or sources which the Service has designated for deposit into such funds.

(2) Money held in or credited to a project reserve fund established under this subsection shall be used solely to accomplish the purposes of this subtitle, as determined by the Board and, subject to paragraph (3) of this subsection, may be retained by the Service in the appropriate project reserve fund based on the project for which the money was received by the Service.

(3) (i) The Service may credit to a project reserve fund established under paragraph (1)(i)1 through 3 of this subsection only money that is reimbursable to the State.

(ii) The Service may not retain more than:

1. $5,000,000 in the Eastern Correctional Institution Turbine Project Contingency Fund;

2. $500,000 in the Department of Natural Resources Project Contingency Fund; or

3. $3,000,000 in the Reimbursable Project Contingency Fund.

(iii) If at the end of a fiscal year the balance in a project reserve fund exceeds the limits stated in subparagraph (ii) of this paragraph, the Service shall revert the excess to the State fund from which the money in the project reserve fund was originally appropriated.

(4) Money appropriated or made available to the Service by the State shall be expended in accordance with the provisions of this subtitle.

(i) (1) Subject to paragraph (2) of this subsection, the Service shall submit annually a full and detailed budget reflecting the operating and capital program of the Service to the Department of Budget and Management for inclusion for informational purposes in the State budget book.

(2) The budget submitted under paragraph (1) of this subsection shall:

(i) Be submitted in a manner required by the Department of Budget and Management; and

(ii) Specify the source of the Service’s revenues in a manner required by the Department of Budget and Management.
Md. Code, Agriculture § 3-113 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-113
§3–113.
Status: in_force

(a) A person may not refuse the Secretary or his agent access to his premises or vehicle nor resist the application of any quarantine order or rule or regulation.

(b) A person may not conceal the fact that a contagious or infectious disease exists on his premises.
Md. Code, Transportation § 3-606 — MD Code / Article gtr / Title 3 / Subtitle 6 / Section 3-606
§3–606.
Status: in_force

(a) (1) Bonds issued under this subtitle may be secured by a trust agreement between the Department and a corporate trustee, which may be any trust company or bank having trust powers within or without the State.

(2) The trust agreement may pledge or assign:

(i) All or any part of the existing and anticipated federal funds paid to or expected to be paid to the Department for transportation purposes; or

(ii) Revenue from a dedicated revenue source, which may include revenues attributable to the transportation facilities being financed.

(3) The trust agreement may not pledge or assign any State tax revenues pledged to meet debt service on Consolidated Transportation Bonds as prescribed under § 3–215 of this title.

(b) Any trust agreement or bond authorizing resolution may:

(1) Contain provisions for the protection and enforcement of the rights and remedies of bondholders as are considered reasonable and proper, including covenants setting forth the duties of the Department as to the financing or development of any transportation facility, the extension, enlargement, improvement, maintenance, operation, repair, and insurance of the transportation facility, and the custody, safeguarding, and application of money;

(2) Provide for the employment of consulting engineers in connection with the construction or operation of any transportation facility;

(3) Set forth the rights and remedies of the bondholders and of the trustee;

(4) Restrict the individual right of action by bondholders; and

(5) Contain any other provisions that the Department considers reasonable and proper for the security of the bondholders.

(c) All expenses incurred in carrying out the trust agreement may be treated as a part of the cost of the operation of the transportation facility in connection with which the bonds have been issued.

(d) The proceeds of the sale of bonds shall be paid to the trustee under the trust agreement securing the bonds and shall be disbursed in the manner and under the restrictions, if any, provided in the trust agreement.

(e) Any bank or trust company incorporated under the laws of this State that acts as depositary of the proceeds of the bonds or of revenues may furnish any indemnifying bonds or pledge any securities that the Department requires.
Md. Code, Public Safety § 3-202 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

There is a Maryland Police Training and Standards Commission, which is an independent commission that functions in the Department.
Md. Code, Commercial Law § 3-110 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

(a) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers.

(b) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so.

(c) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply:

(1) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number.

(2) If an instrument is payable to:

(i) A trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named;

(ii) A person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative, or a successor of the representative;

(iii) A fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or

(iv) An office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office, or a successor to the incumbent.

(d) If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or more persons not alternatively, it is payable to all of them and may be negotiated, discharged, or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.
Md. Code, Public Utilities § 3-111 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-111
§3–111.
Status: in_force

(a) In each hearing, the Commission shall prepare an official record that includes testimony and exhibits.

(b) (1) Any evidence, including records possessed by the Commission, that the Commission or a party in a proceeding before the Commission desires to use, shall be offered and made part of the record.

(2) Factual information or evidence not made part of the record may not be considered in the determination of a case.

(c) A copy of a record filed with or by the Commission that is certified by the Commission under its official seal as a true copy of the original, is evidence to the same extent as the original.

(d) (1) The Commission may take notice of judicially cognizable facts and also of general, technical, or scientific facts within its specialized knowledge.

(2) The Commission shall notify each party in an appropriate manner of the material noticed under paragraph (1) of this subsection, and shall provide each party an opportunity to contest the notice by the Commission.
Md. Code, General Provisions § 3-101 — MD Code / Article ggp / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) (1) “Administrative function” means the administration of:

(i) a law of the State;

(ii) a law of a political subdivision of the State; or

(iii) a rule, regulation, or bylaw of a public body.

(2) “Administrative function” does not include:

(i) an advisory function;

(ii) a judicial function;

(iii) a legislative function;

(iv) a quasi–judicial function; or

(v) a quasi–legislative function.

(c) “Advisory function” means the study of a matter of public concern, or the making of recommendations on the matter, under a delegation of responsibility by:

(1) law;

(2) the Governor or an official who is subject to the policy direction of the Governor;

(3) the chief executive officer of a political subdivision of the State or an official who is subject to the policy direction of the chief executive officer; or

(4) formal action by or for a public body that exercises an administrative function, judicial function, legislative function, quasi–judicial function, or quasi–legislative function.

(d) “Board” means the State Open Meetings Law Compliance Board.

(d–1) “Class on the open meetings law” means:

(1) an online class on the requirements of the open meetings law offered by the Office of the Attorney General and the University of Maryland’s Institute for Governmental Service and Research;

(2) a class on the requirements of the open meetings law offered by the Maryland Association of Counties or the Maryland Municipal League through the Academy for Excellence in Local Governance; or

(3) a class on the requirements of the open meetings law offered by the Maryland Association of Boards of Education through the Boardsmanship Academy Program.

(e) (1) “Judicial function” means the exercise of any power of the Judicial Branch of the State government.

(2) “Judicial function” includes the exercise of:

(i) a power for which Article IV, § 1 of the Maryland Constitution provides;

(ii) a function of a grand jury;

(iii) a function of a petit jury;

(iv) a function of the Commission on Judicial Disabilities; and

(v) a function of a judicial nominating commission.

(3) “Judicial function” does not include the exercise of rulemaking power by a court.

(f) “Legislative function” means the process or act of:

(1) approving, disapproving, enacting, amending, or repealing a law or other measure to set public policy;

(2) approving or disapproving an appointment;

(3) proposing or ratifying a constitution or constitutional amendment; or

(4) proposing or ratifying a charter or charter amendment.

(g) “Meet” means to convene a quorum of a public body to consider or transact public business.

(h) (1) “Public body” means an entity that:

(i) consists of at least two individuals; and

(ii) is created by:

1. the Maryland Constitution;

2. a State statute;

3. a county or municipal charter;

4. a memorandum of understanding or a master agreement to which a majority of the county boards of education and the State Department of Education are signatories;

5. an ordinance;

6. a rule, resolution, or bylaw;

7. an executive order of the Governor; or

8. an executive order of the chief executive authority of a political subdivision of the State.

(2) “Public body” includes:

(i) any multimember board, commission, or committee appointed by the Governor or the chief executive authority of a political subdivision of the State, or appointed by an official who is subject to the policy direction of the Governor or chief executive authority of the political subdivision, if the entity includes in its membership at least two individuals not employed by the State or the political subdivision;

(ii) any multimember board, commission, or committee that:

1. is appointed by:

A. an entity in the Executive Branch of the State government, the members of which are appointed by the Governor, and that otherwise meets the definition of a public body under this subsection; or

B. an official who is subject to the policy direction of an entity described in item A of this item; and

2. includes in its membership at least two individuals who are not members of the appointing entity or employed by the State; and

(iii) The Maryland School for the Blind.

(3) “Public body” does not include:

(i) any single member entity;

(ii) any judicial nominating commission;

(iii) any grand jury;

(iv) any petit jury;

(v) the Appalachian States Low Level Radioactive Waste Commission established in § 7–302 of the Environment Article;

(vi) except when a court is exercising rulemaking power, any court established in accordance with Article IV of the Maryland Constitution;

(vii) the Governor’s cabinet, the Governor’s Executive Council as provided in Title 8, Subtitle 1 of the State Government Article, or any committee of the Executive Council;

(viii) a local government’s counterpart to the Governor’s cabinet, Executive Council, or any committee of the counterpart of the Executive Council;

(ix) except as provided in paragraph (1) of this subsection, a subcommittee of a public body as defined in paragraph (2)(i) of this subsection;

(x) the governing body of a hospital as defined in § 19–301 of the Health – General Article; and

(xi) a self–insurance pool that is established in accordance with Title 19, Subtitle 6 of the Insurance Article or § 9–404 of the Labor and Employment Article by:

1. a public entity, as defined in § 19–602 of the Insurance Article; or

2. a county or municipal corporation, as described in § 9–404 of the Labor and Employment Article.

(i) “Quasi–judicial function” means a determination of:

(1) a contested case to which Title 10, Subtitle 2 of the State Government Article applies;

(2) a proceeding before an administrative agency for which Title 7, Chapter 200 of the Maryland Rules would govern judicial review; or

(3) a complaint by the Board in accordance with this title.

(j) “Quasi–legislative function” means the process or act of:

(1) adopting, disapproving, amending, or repealing a rule, regulation, or bylaw that has the force of law, including a rule of a court;

(2) approving, disapproving, or amending a budget; or

(3) approving, disapproving, or amending a contract.

(k) “Quorum” means:

(1) a majority of the members of a public body; or

(2) the number of members that the law requires.
Md. Code, Natural Resources § 3-927 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-927
§3–927.
Status: in_force

This subtitle shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
Md. Code, Natural Resources § 3-127 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-127
§3–127.
Status: in_force

(a) Except as otherwise provided by this subtitle, the Service may adopt, formulate, revise, and enforce rules and regulations necessary for the regulation of its internal affairs and for the use and operation of its projects, and of any other laws the administration of which is vested in the Service. A rule or regulation concerning the use or operation of a project may not conflict with any rule, regulation, permit, or hauler certificate of the Department of the Environment. The Service may limit or regulate water supply or liquid waste service, refuse collection, disposal service, and storm and surface water drainage service, in any area or to any premises served by Service projects, as the exigencies of the occasion and the protection of its systems require. The Service may adopt lawful and reasonable regulations it considers necessary for the public’s health and safety, comfort, and convenience in the construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of its water supply, wastewater purification, solid waste disposal, and energy projects.

(b) Rules and regulations shall be approved by the Board and adopted under the provisions of the Administrative Procedure Act, except when necessary for the immediate preservation of the public health and safety and except for emergency provisions required to protect Service projects.

(c) Any regulation adopted by the Service under this section has the effect of law.
Md. Code, Courts and Judicial Proceedings § 3-1404 — MD Code / Article gcj / Title 3 / Subtitle 14 / Section 3-1404
§3–1404.
Status: in_force

A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides, but it reduces the claim against the other tort-feasors in the amount of the consideration paid for the release or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.
Md. Code, Insurance § 3-306 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) Surplus lines insurance may be procured from an unauthorized insurer if:

(1) for surplus lines insurance procured through a broker, the surplus lines insurance is procured through a qualified surplus lines broker;

(2) subject to the provisions of § 3–306.1 of this subtitle, a diligent search is made among the authorized insurers that are writing the particular kind and class of insurance in the State;

(3) except for insurance against liability of persons described in § 24–206(1) of this article, the amount of surplus lines insurance procured from an unauthorized insurer is only the excess over the amount that can be procured from authorized insurers;

(4) for insurance against liability of persons described in § 24–206(1) of this article, the insurance cannot be obtained from three or more authorized insurers that are writing on a broad basis that particular kind and class of insurance;

(5) except as provided in subsection (b) of this section, the surplus lines insurance is not procured:

(i) solely to obtain a lower premium rate than would be accepted by an authorized insurer;

(ii) solely to obtain more favorable terms of the insurance contract; or

(iii) to replace coverage on residential property which is insured by an authorized insurer and for which a renewal offer has been made on substantially the same terms and conditions as the current coverage; and

(6) there is compliance with other applicable provisions of this subtitle.

(b) This subtitle does not prohibit a lower premium rate or more favorable terms in the insurance contract of an unauthorized insurer if:

(1) the risk is eligible as surplus lines under subsection (a)(2), (3), and (4) of this section; or

(2) the applicant qualifies as an exempt commercial purchaser who may waive the diligent search that is otherwise required under this section.

(c) (1) This section does not prohibit a surplus lines broker from renewing a risk with a surplus lines insurer if the risk was initially written on a surplus lines basis when there were fewer than three authorized insurers actually writing on a broad basis the particular kind and class of insurance to provide coverage against liability of persons described in § 24–206(1) of this article in the State.

(2) However, even if on the date of renewal three or more authorized insurers are writing on a broad basis the particular kind and class of insurance required by the insured, a risk initially eligible for surplus lines insurance may be renewed on a surplus lines basis if the surplus lines insurer, licensed insurance producer, or surplus lines broker gives to the insured appropriate notice of the possible availability of comparable types of insurance being written by three or more authorized insurers:

(i) each year; and

(ii) sufficiently in advance of the renewal date to allow the insured to determine whether to renew the policy with the surplus lines insurer.

(d) The Commissioner shall participate in the National Insurance Producer Database maintained by the National Association of Insurance Commissioners and its affiliates and subsidiaries.
Md. Code, Courts and Judicial Proceedings § 3-819 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-819
§3–819.
Status: in_force

(a) (1) Unless a CINA petition under this subtitle is dismissed, the court shall hold a separate disposition hearing after an adjudicatory hearing to determine whether the child is a CINA.

(2) The disposition hearing shall be held on the same day as the adjudicatory hearing unless on its own motion or motion of a party, the court finds that there is good cause to delay the disposition hearing to a later day.

(3) If the court delays a disposition hearing, it shall be held no later than 30 days after the conclusion of the adjudicatory hearing unless good cause is shown.

(b) (1) In making a disposition on a CINA petition under this subtitle, the court shall:

(i) Find that the child is not in need of assistance and, except as provided in subsection (e) of this section, dismiss the case;

(ii) Hold in abeyance a finding on whether a child with a developmental disability or a mental illness is a child in need of assistance and:

1. Order the local department to assess or reassess the family’s and child’s eligibility for placement of the child in accordance with a voluntary placement agreement under § 5–525(b)(1)(i) of the Family Law Article;

2. Order the local department to report back to the court in writing within 30 days unless the court extends the time period for good cause shown;

3. If the local department does not find the child eligible for placement in accordance with a voluntary placement agreement, hold a hearing to determine whether the family and child are eligible for placement of the child in accordance with a voluntary placement agreement; and

4. After the hearing:

A. Find that the child is not in need of assistance and order the local department to offer to place the child in accordance with a voluntary placement agreement under § 5–525(b)(1)(i) of the Family Law Article;

B. Find that the child is in need of assistance; or

C. Dismiss the case; or

(iii) Subject to paragraph (2) of this subsection, find that the child is in need of assistance and:

1. Not change the child’s custody status; or

2. Commit the child on terms the court considers appropriate to the custody of:

A. A parent;

B. Subject to § 3–819.2 of this subtitle, a relative, or other individual; or

C. A local department, the Maryland Department of Health, or both, including designation of the type of facility where the child is to be placed.

(2) (i) 1. In this paragraph, “disability” means:

A. A physical or mental impairment that substantially limits one or more of an individual’s major life activities;

B. A record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or

C. Being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.

2. “Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325.

(ii) In making a disposition on a CINA petition under this subtitle, a disability of the child’s parent, guardian, or custodian is relevant only to the extent that the court finds, based on evidence in the record, that the disability affects the ability of the parent, guardian, or custodian to give proper care and attention to the child and the child’s needs.

(3) Unless good cause is shown, a court shall give priority to the child’s relatives over nonrelatives when committing the child to the custody of an individual other than a parent.

(b–1) (1) If the court finds that a child enrolled in a public elementary or secondary school is in need of assistance and commits the child to the custody of a local department, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child has been found to be in need of assistance and has been committed to the custody of a local department.

(2) If the court rescinds the commitment order for a child enrolled in a public elementary or secondary school, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child is no longer committed to the custody of a local department of social services.

(3) The notice authorized under paragraphs (1) and (2) of this subsection may not include any order or pleading related to the child in need of assistance case.

(c) In addition to any action under subsection (b)(1)(iii) of this section, the court may:

(1) (i) Place a child under the protective supervision of the local department on terms the court considers appropriate;

(ii) Grant limited guardianship to the department or an individual or both for specific purposes including medical and educational purposes or for other appropriate services if a parent is unavailable, unwilling, or unable to consent to services that are in the best interest of the child; or

(iii) Order the child and the child’s parent, guardian, or custodian to participate in rehabilitative services that are in the best interest of the child and family;

(2) Determine custody, visitation, support, or paternity of a child in accordance with § 3–803(b) of this subtitle; and

(3) For a child with a developmental disability, direct the provision of services to obtain ongoing care, if any, needed after the court’s jurisdiction ends.

(d) If guardianship of a child is awarded to the local department under this subtitle, the local department shall notify the parents of the child and their attorneys as soon as practicable of any emergency decision made by the guardian with respect to the child under § 3–801(o) of this subtitle.

(e) If the allegations in the petition are sustained against only one parent of a child, and there is another parent available who is able and willing to care for the child, the court may not find that the child is a child in need of assistance, but, before dismissing the case, the court may award custody to the other parent.

(f) If the disposition removes a child from the child’s home, the order shall:

(1) Set forth specific findings of fact as to the circumstances that caused the need for the removal; and

(2) Inform the parents, custodian, or guardian, if any, that the person or agency to which the child is committed may change the permanency plan of reunification to another permanency plan, which may include the filing of a petition for termination of parental rights if the parents:

(i) Have not made significant progress to remedy the circumstances that caused the need for the removal as specified in the court order; and

(ii) Are unwilling or unable to give the child proper care and attention within a reasonable period of time.

(g) (1) A guardian appointed under this section has no control over the property of the child unless the court expressly grants that authority.

(2) (i) If a guardian appointed under this section is a local department, the court shall, on request of the local department, issue a separate order granting the local department guardianship authority to establish:

1. An individual savings account;

2. If the local department is unable to establish an individual savings account due to the child’s age, an ABLE account in accordance with the provisions of Title 18, Subtitle 19C of the Education Article; or

3. A pooled special needs trust under § 14.5–1002 of the Estates and Trusts Article.

(ii) An order authorizing a local department to establish an account or a trust as the guardian of a child under subparagraph (i) of this paragraph shall:

1. Require that funds deposited to establish an ABLE account under subparagraph (i)2 of this paragraph be in an FDIC–insured portfolio option that most minimizes the risk of capital loss;

2. Prohibit the local department from withdrawing funds from any account or trust established under the order; and

3. Require the local department to provide prompt notice to a financial institution, including contact information for the child or subsequent guardian of the child, of the termination of the guardianship under this subtitle or Title 5, Subtitle 3 of the Family Law Article.

(h) The court may not commit a child for inpatient care and treatment in a psychiatric facility unless the court finds on the record based on clear and convincing evidence that:

(1) The child has a mental disorder;

(2) The child needs inpatient medical care or treatment for the protection of the child or others;

(3) The child is unable or unwilling to be voluntarily admitted to such facility; and

(4) There is no less restrictive form of intervention available that is consistent with the child’s condition and welfare.

(i) The court may not commit a child for inpatient care and treatment in a facility for the developmentally disabled unless the court finds on the record based on clear and convincing evidence that:

(1) The child is developmentally disabled;

(2) The condition is of such a nature that for the adequate care or protection of the child or others, the child needs in–residence care or treatment; and

(3) There is no less restrictive form of care and treatment available that is consistent with the child’s welfare and safety.

(j) (1) (i) Each commitment order issued under subsection (h) or (i) of this section shall require the custodian to file progress reports with the court at intervals no greater than every 6 months during the life of the order.

(ii) The custodian shall provide each party or attorney of record with a copy of each report, which shall be considered at the next scheduled hearing.

(iii) After the first 6 months of the commitment and at 6–month intervals thereafter, on the request of any party, the custodian, or the facility, the court shall hold a hearing to determine whether the standards specified in subsection (h) or (i) of this section continue to be met.

(2) (i) If an individualized treatment plan developed under § 10–706 of the Health – General Article recommends that a child no longer meets the standards specified in subsection (h) of this section, the court shall grant a hearing to review the commitment order.

(ii) The court may grant a hearing at any other time to determine whether the standards specified in subsection (h) of this section continue to be met.

(3) (i) If an individualized plan of habilitation developed under § 7–1006 of the Health – General Article recommends that a child no longer meets the standards specified in subsection (i) of this section, the court shall grant a hearing to review the commitment order.

(ii) The court may grant a hearing at any other time to determine whether the standards specified in subsection (i) of this section continue to be met.

(k) An order vesting legal custody of a child in a person or agency is effective for an indeterminate period of time, but is not effective after the child reaches the age of 21.

(l) After giving the parent a reasonable opportunity to be heard, and determining the income of the parent, the court may order either parent or both parents to pay a sum in the amount the court directs to cover wholly or partly the support of the child under this subtitle.

(m) An order directing the provision of services to a child under subsection (c)(3) of this section is effective until:

(1) The child is transitioned to adult guardianship care if adult guardianship is necessary and there is no less restrictive alternative that meets the needs of the child; and

(2) (i) The Maryland Department of Health enters into an agreement to provide or obtain the services ordered by the court; or

(ii) If the Maryland Department of Health challenges the necessity of the services ordered by the court, the conclusion of any administrative or judicial review proceeding regarding the challenge.
Md. Code, Corporations and Associations § 3-901 — MD Code / Article gca / Title 3 / Subtitle 9 / Section 3-901
§3–901.
Status: in_force

(a) In this subtitle, “other entity” means:

(1) A foreign corporation, as defined in § 1–101 of this article;

(2) A domestic limited liability company, as defined in § 4A–101 of this article;

(3) A foreign limited liability company, as defined in § 4A–101 of this article;

(4) A partnership, as defined in § 9A–101 of this article;

(5) A limited partnership, as defined in § 10–101 of this article, including a limited partnership registered as a limited liability limited partnership under § 10–805 of this article;

(6) A foreign limited partnership, as defined in § 10–101 of this article;

(7) A business trust, as defined in § 1–101 of this article; or

(8) Another form of unincorporated business formed under the laws of this State or the laws of the United States, another state of the United States, a territory, possession, or district of the United States, or a foreign country.

(b) Unless the charter provides otherwise, a Maryland corporation may convert to an other entity by:

(1) Approving the conversion in accordance with § 3–902 of this subtitle; and

(2) Filing for record with the Department articles of conversion executed in the manner required by Title 1 of this article.

(c) An other entity may convert to a Maryland corporation having capital stock by complying with § 3–902 of this subtitle and filing for record with the Department:

(1) Articles of conversion executed in the manner required by Title 1 of this article; and

(2) Articles of incorporation, which shall include the name of the converting other entity, executed in the manner required by Title 2 of this article and otherwise complying with the Maryland General Corporation Law.
Md. Code, Correctional Services § 3-607 — MD Code / Article gcs / Title 3 / Subtitle 6 / Section 3-607
§3–607.
Status: in_force

(a) The Division shall provide a copy of a case record maintained under § 3–601 of this subtitle to a police officer who presents an order for a copy of the record signed by the superintendent or other officer in charge of police in a municipal corporation or county.

(b) On or before the 28th day of each month, the Division shall provide to the superintendent or other officer in charge of police in the municipal corporation or county from which the incarcerated individual was committed the following information about each incarcerated individual whose sentence expires the following month:

(1) the incarcerated individual’s name;

(2) the date when the incarcerated individual’s sentence commenced;

(3) the county from which the incarcerated individual was committed;

(4) the crime for which the incarcerated individual was committed; and

(5) the exact date when the incarcerated individual will be discharged.
Md. Code, Commercial Law § 3-604 — MD Code / Article gcl / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

(a) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument (i) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge, or (ii) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing.

(b) Cancellation or striking out of an indorsement pursuant to subsection (a) does not affect the status and rights of a party derived from the indorsement.
Md. Code, Commercial Law § 3-307 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) In this section:

(1) “Fiduciary” means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument.

(2) “Represented person” means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (1) is owed.

(b) If (i) an instrument is taken from a fiduciary for payment or collection or for value, (ii) the taker has knowledge of the fiduciary status of the fiduciary, and (iii) the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:

(1) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person.

(2) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is (i) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, (ii) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or (iii) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

(3) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty.

(4) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is (i) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, (ii) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or (iii) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.
Md. Code, Environment § 3-501 — MD Code / Article gen / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

In this subtitle, “unit” means a unit of the State government or a political subdivision.
Md. Code, Public Safety § 3-103 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) An individual may file a complaint of police misconduct with the law enforcement agency that employs the police officer who is the subject of the complaint.

(b) (1) A complaint of police misconduct filed with a law enforcement agency shall include:

(i) the name of the police officer accused of misconduct;

(ii) a description of the facts on which the complaint is based; and

(iii) contact information of the complainant or a person filing on behalf of the complainant for investigative follow–up.

(2) A complaint need not be notarized.
Md. Code, Courts and Judicial Proceedings § 3-2014 — MD Code / Article gcj / Title 3 / Subtitle 20 / Section 3-2014
§3–2014.
Status: in_force

This subtitle modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C.A. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C.A. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C.A. § 7003(b).
Md. Code, Alcoholic Beverages and Cannabis § 3-304 — MD Code / Article gab / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) For a license issued by the Executive Director for the use of a corporation or club, the license holder may substitute on the license the name of a different officer for the name of any officer who:

(1) has died;

(2) has retired; or

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

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

(1) the substitution of the officer;

(2) an explanation for the substitution; and

(3) in the case of a corporation, a statement that the ownership of the corporation has not changed.

(c) On receipt of the affidavit and after determining that the applicant qualifies under this article, the Executive Director shall:

(1) amend its records; and

(2) issue a corrected license.
Md. Code, Labor and Employment § 3-1301 — MD Code / Article gle / Title 3 / Subtitle 13 / Section 3-1301
§3–1301.
Status: in_force

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

(b) “Abuse” has the meaning stated in § 4–501 of the Family Law Article.

(c) “Domestic violence” means abuse against an individual eligible for relief.

(d) “Earned sick and safe leave” means leave away from work that is provided by an employer under § 3–1304 of this subtitle.

(e) “Employee” does not include an individual who:

(1) performs work under a contract of hire that is determined not to be covered employment under § 8–205 of this article;

(2) is not a covered employee under § 9–222 of this article;

(3) is under the age of 18 years before the beginning of the year;

(4) is employed in the agricultural sector on an agricultural operation under § 5–403(a) of the Courts Article;

(5) is employed by a temporary services agency to provide temporary staffing services to another person if the temporary services agency does not have day–to–day control over the work assignments and supervision of the individual while the individual is providing the temporary staffing services; or

(6) is directly employed by an employment agency to provide part–time or temporary services to another person.

(f) “Employer” includes:

(1) a unit of State or local government; and

(2) a person that acts directly or indirectly in the interest of another employer with an employee.

(g) “Family member” means:

(1) a biological child, an adopted child, a foster child, or a stepchild of the employee;

(2) a child for whom the employee has legal or physical custody or guardianship;

(3) a child for whom the employee stands in loco parentis, regardless of the child’s age;

(4) a biological parent, an adoptive parent, a foster parent, or a stepparent of the employee or of the employee’s spouse;

(5) the legal guardian or ward of the employee or of the employee’s spouse;

(6) an individual who acted as a parent or stood in loco parentis to the employee or the employee’s spouse when the employee or the employee’s spouse was a minor;

(7) the spouse of the employee;

(8) a biological grandparent, an adopted grandparent, a foster grandparent, or a stepgrandparent of the employee;

(9) a biological grandchild, an adopted grandchild, a foster grandchild, or a stepgrandchild of the employee; or

(10) a biological sibling, an adopted sibling, a foster sibling, or a stepsibling of the employee.

(h) “Person eligible for relief” has the meaning stated in § 4–501 of the Family Law Article.

(i) “Restaurant” means an establishment that:

(1) accommodates the public;

(2) is equipped with a dining room with facilities for preparing and serving regular meals; and

(3) has average daily receipts from the sale of food that exceed the average daily receipts from the sale of alcoholic beverages.

(j) “Sexual assault” means:

(1) rape, sexual offense, or any other act that is a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article;

(2) child sexual abuse under § 3–602 of the Criminal Law Article; or

(3) sexual abuse of a vulnerable adult under § 3–604 of the Criminal Law Article.

(k) “Stalking” has the meaning stated in § 3–802 of the Criminal Law Article.

(l) Unless the context requires otherwise, “year” means a regular and consecutive 12–month period as determined by the employer.
Md. Code, Courts and Judicial Proceedings § 3-2A-04 — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-04
§3–2A–04.
Status: reserved

(a) (1) (i) A person having a claim against a health care provider for damage due to a medical injury shall file the claim with the Director and, if the claim is against a physician, the Director shall forward copies of the claim to the State Board of Physicians.

(ii) The Director shall cause a copy of the claim to be served upon the health care provider by the appropriate sheriff in accordance with the Maryland Rules.

(iii) The health care provider shall file a response with the Director and serve a copy on the claimant and all other health care providers named therein within the time provided in the Maryland Rules for filing a responsive pleading to a complaint.

(iv) The claim and the response may include a statement that the matter in controversy falls within one or more particular recognized specialties.

(2) A third–party claim shall be filed within 30 days of the response of the third–party claimant to the original claim unless the parties consent to a later filing or a later filing is allowed by the panel chairman or the court, as the case may be, for good cause shown.

(3) A claimant may not add a new defendant after the arbitration panel has been selected, or 10 days after the prehearing conference has been held, whichever is later.

(4) Until all costs attributable to the first filing have been satisfied, a claimant may not file a second claim on the same or substantially the same grounds against any of the same parties.

(b) Unless the sole issue in the claim is lack of informed consent:

(1) (i) 1. Except as provided in item (ii) of this paragraph, a claim or action filed after July 1, 1986, shall be dismissed, without prejudice, if the claimant or plaintiff fails to file a certificate of a qualified expert with the Director attesting to departure from standards of care, and that the departure from standards of care is the proximate cause of the alleged injury, within 90 days from the date of the complaint; and

2. The claimant or plaintiff shall serve a copy of the certificate on all other parties to the claim or action or their attorneys of record in accordance with the Maryland Rules; and

(ii) In lieu of dismissing the claim or action, the panel chairman or the court shall grant an extension of no more than 90 days for filing the certificate required by this paragraph, if:

1. The limitations period applicable to the claim or action has expired; and

2. The failure to file the certificate was neither willful nor the result of gross negligence.

(2) (i) A claim or action filed after July 1, 1986, may be adjudicated in favor of the claimant or plaintiff on the issue of liability, if the defendant disputes liability and fails to file a certificate of a qualified expert attesting to compliance with standards of care, or that the departure from standards of care is not the proximate cause of the alleged injury, within 120 days from the date the claimant or plaintiff served the certificate of a qualified expert set forth in paragraph (1) of this subsection on the defendant.

(ii) If the defendant does not dispute liability, a certificate of a qualified expert is not required under this subsection.

(iii) The defendant shall serve a copy of the certificate on all other parties to the claim or action or their attorneys of record in accordance with the Maryland Rules.

(3) (i) The attorney representing each party, or the party proceeding pro se, shall file the appropriate certificate with a report of the attesting expert attached.

(ii) Discovery is available as to the basis of the certificate.

(4) (i) In this paragraph, “professional activities” means all activities arising from or related to the health care profession.

(ii) A health care provider who attests in a certificate of a qualified expert or who testifies in relation to a proceeding before an arbitration panel or a court concerning compliance with or departure from standards of care may not have devoted more than 25% of the expert’s professional activities to activities that directly involve testimony in personal injury claims during the 12 months immediately before the date when the claim was first filed.

(iii) Once a health care provider meets the requirements of subparagraph (ii) of this paragraph, the health care provider shall be deemed to be a qualified expert as to subparagraph (ii) of this paragraph during the pendency of the claim.

(iv) If a court dismisses a claim or action because a qualified expert failed to comply with the requirements of this subsection, unless there is a showing of bad faith, a party may refile the same claim or action before the later of:

1. The expiration of the applicable period of limitation; or

2. 120 days after the date of the dismissal.

(v) A claim or an action may be refiled under subparagraph (iv) of this paragraph only once.

(5) An extension of the time allowed for filing a certificate of a qualified expert under this subsection shall be granted for good cause shown.

(6) In the case of a claim or action against a physician, the Director shall forward copies of the certificates filed under paragraphs (1) and (2) of this subsection to the State Board of Physicians.

(7) For purposes of the certification requirements of this subsection for any claim or action filed on or after July 1, 1989:

(i) A party may not serve as a party’s expert; and

(ii) The certificate may not be signed by:

1. A party;

2. An employee or partner of a party; or

3. An employee or stockholder of any professional corporation of which the party is a stockholder.

(c) (1) Within 20 days after the filing of the claimant’s certificate of a qualified expert, or, in a case in which lack of informed consent is the sole issue, within 20 days after the filing of the defendant’s response, the Director shall deliver to each party the names of six persons chosen at random from the attorney categorical list prepared by him pursuant to § 3–2A–03(c) of this subtitle, together with a brief biographical statement as to each of these persons.

(2) No later than 20 days after receiving notice of the scheduled hearing, the Director shall deliver to each party the names of six persons chosen at random from each of the remaining categorical lists prepared by him pursuant to § 3–2A–03(c) of this subtitle, together with a brief biographical statement as to each of these persons. If the claim or the response states that the matter falls within one or more recognized specialties, the Director, if practicable, shall include persons in the specialty on the list from the health care provider category. Before delivering each list, the Director shall inquire of the persons selected and assure himself that they do not have a personal or economic relationship with any of the parties or their counsel, or any cases in which they are a party before the arbitration office, that can form the basis of any partiality on their part. If, in the judgment of the Director, a person selected has such a relationship with a party, his name shall be replaced by another chosen at random.

(3) The biographical statements sent to the parties under this subsection shall have been updated within 2 years.

(d) (1) Within 15 days after delivery of the list, a party may object in writing stating the reasons therefor to the inclusion of any arbitrator on the list. If the Director finds a reasonable basis for the objection, he shall replace the name of the arbitrator with the name of another arbitrator. Within 30 days after delivery of the initial list or, if an arbitrator is replaced, within 30 days after delivery of the replacement list, each party shall strike from the list in each category any name or names that are unacceptable and return a copy of the list with his strikes to the Director. Upon motion of either party, the panel chairman, for good cause shown and in conjunction with the Director, shall require that subsequent strikes be made in a lesser period of time. A party may not strike more than two names in any category.

(2) If:

(i) The claim is against more than one health care provider, whether directly by a claimant or as a result of a third–party claim, the health care providers claimed against shall be treated as a single party and shall exercise their strikes jointly;

(ii) There is more than one claimant, the claimants shall be treated as a single party and shall exercise their strikes jointly;

(iii) Within the time period specified in paragraph (1) of this subsection, multiple claimants or multiple health care providers fail to agree on their strikes in any category, they shall notify the Director of their disagreement, and the Director may make the strikes on their behalf with respect to that category; and

(iv) Any party fails to return a copy of the list with his strikes within the time period specified in paragraph (1) of this subsection, the Director may make the strikes for that party.

(e) (1) The Director shall compare the lists returned to him and the lists from which he has stricken names pursuant to subsection (d) of this section, and shall select the first mutually agreeable person in each category as the arbitrators.

(2) The Director shall establish by regulation procedures for selection of alternates to serve in place of arbitrators unable to serve after appointment. Procedures for the selection of alternate arbitrators shall provide that alternate arbitrators are chosen at random from the categorical lists prepared by the Director under § 3–2A–03(c) of this subtitle, and may not be confined to time limitations in subsection (d)(1) of this section. The Director may require the attendance of an appropriate alternate at any proceeding under this subtitle.

(f) (1) The parties may, within the time for returning their lists to the Director, agree in writing upon a single arbitrator. In that event, they shall advise the Director in writing of their choice, and the one arbitrator shall constitute the arbitration panel.

(2) The Director shall prepare a separate list of qualified attorneys willing to serve as single arbitrators.

(g) An arbitrator shall have the immunity from suit described under § 5–615 of this article.
Md. Code, State Finance and Procurement § 3-605 — MD Code / Article gsf / Title 3 / Subtitle 6 / Section 3-605
§3–605.
Status: in_force

The capital program shall:

(1) classify projects according to their necessity and urgency;

(2) recommend a time sequence for the projects; and

(3) include the following information about each project:

(i) the contract price or an estimate of the cost of acquisition or construction;

(ii) an estimate of the operating and maintenance costs;

(iii) an estimate of the number of additional State positions that will be required as a result of the project;

(iv) an estimate of revenues likely to be received from the project; and

(v) existing sources of funds or the need for additional sources of funds for construction, acquisition, and operation.
Md. Code, Labor and Employment § 3-603 — MD Code / Article gle / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

A provision of a contract that is made between a sales representative and a principal is void if the provision purports to waive any provision of this subtitle by:

(1) an express waiver; or

(2) a contract subject to the laws of another state.
Md. Code, Financial Institutions § 3-409 — MD Code / Article gfi / Title 3 / Subtitle 4 / Section 3-409
§3–409.
Status: in_force

(a) Within 15 days after the annual meeting of the stockholders and after the directors–elect have qualified, the board of directors of a commercial bank shall meet and elect the officers of the commercial bank.

(b) Unless the bylaws provide otherwise, each officer serves for a term of 1 year and until a successor is elected and qualifies.

(c) The board of directors may remove any officer at any time.
Md. Code, Correctional Services § 3-807 — MD Code / Article gcs / Title 3 / Subtitle 8 / Section 3-807
§3–807.
Status: in_force

(a) The Division may establish an extended work–release program.

(b) Under the extended work–release program, an incarcerated individual who is sentenced to the jurisdiction of the Division for desertion or nonsupport of a spouse, child, or destitute parent may be granted the privilege of leaving actual confinement:

(1) to work at gainful employment;

(2) to live in a noninstitutional environment; or

(3) under appropriate conditions, to live at home under intensive supervision by the Division of Parole and Probation.

(c) When an incarcerated individual who has been convicted of desertion or nonsupport of a spouse, child, or destitute parent is first received at a correctional facility in the Division, the Division of Parole and Probation shall cause an investigation to be made to enable the Commissioner or the Commissioner’s designee to determine the advisability of placing the incarcerated individual in the extended work–release program.

(d) (1) (i) After reviewing the results of the investigation described in subsection (c) of this section, the Commissioner or the Commissioner’s designee may approve, disapprove, or defer action on the placement of an incarcerated individual in the extended work–release program.

(ii) If an incarcerated individual is approved for placement in the extended work–release program, the Commissioner or the Commissioner’s designee shall adopt an extended work–release plan for the incarcerated individual.

(2) An extended work–release plan:

(i) shall contain terms and conditions that are necessary and proper;

(ii) shall be signed by the incarcerated individual before the incarcerated individual participates in the program; and

(iii) may be conditioned on the incarcerated individual’s agreement to waive the right to contest extradition proceedings.

(3) At any time and for any reason, the Commissioner may revoke approval for an incarcerated individual to participate in the extended work–release program.

(e) In addition to any other terms and conditions contained in an extended work–release plan, a plan may provide:

(1) that the incarcerated individual’s earnings be used to support the incarcerated individual’s family and reimburse the State for the incarcerated individual’s room and board; and

(2) (i) that the incarcerated individual work at gainful employment during necessary and reasonable hours;

(ii) that the incarcerated individual live in a controlled but noninstitutional environment, under intensive supervision by the Division of Parole and Probation; or

(iii) in special cases, to serve the general welfare and the best interests of the incarcerated individual’s family and to ensure family unity and more effective rehabilitation after expiration of sentence, that the incarcerated individual live at home under intensive supervision by the Division of Parole and Probation.

(f) (1) An incarcerated individual who has been placed in an extended work–release plan, including an incarcerated individual who has been allowed to live at home or elsewhere, is deemed to be in the custody of the Commissioner to the same extent, and subject to the same supervision and control, as an incarcerated individual who is actually confined in a correctional facility until the incarcerated individual:

(i) is pardoned or paroled; or

(ii) has served the incarcerated individual’s full sentence less any diminution credits awarded under Subtitle 7 of this title.

(2) If the Commissioner revokes an extended work–release plan, the incarcerated individual shall be returned to actual confinement in a correctional facility until a new plan is approved for the incarcerated individual.

(g) Other State units, including the Department of Human Services and the Division of Parole and Probation, shall cooperate with the Division to implement and accomplish the objectives of the extended work–release program.

(h) The Commissioner may adopt regulations to implement the extended work–release program.

(i) (1) An incarcerated individual who is released from actual confinement under an extended work–release program may not willfully violate the terms of authorization for release in the incarcerated individual’s extended work–release plan.

(2) An incarcerated individual who knowingly violates paragraph (1) of this subsection is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
Md. Code, Business Regulation § 3-101 — MD Code / Article gbr / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) (1) “Amusement attraction” means:

(i) an amusement ride; or

(ii) a structure that gives amusement, excitement, pleasure, or thrills to people who move around, over, or through the structure without the aid of a moving device integral to the structure.

(2) “Amusement attraction” does not include a structure that is devoted principally to exhibitions related to agriculture, the arts, education, industry, religion, or science.

(c) “Amusement owner” means a person, the State, or a political subdivision of the State that owns an amusement attraction or, if the amusement attraction is leased, the lessee.

(d) “Amusement park” means an area that is used principally for 1 or more permanently erected amusement attractions.

(e) “Amusement ride” means a device that is intended to give amusement, excitement, pleasure, or thrills to passengers whom the device carries:

(1) along or around a fixed or restricted course; or

(2) within a defined area.

(f) “Carnival” means an itinerant enterprise that consists principally of 1 or more temporarily located amusement attractions.

(g) “Commissioner” means the Commissioner of Labor and Industry.

(h) “Fair” means an enterprise that:

(1) is devoted principally to periodic exhibitions related to agriculture, the arts, education, industry, religion, or science; and

(2) has 1 or more amusement attractions operated along with the exhibitions.

(i) “Inflatable amusement attraction” means an air–supported amusement attraction that:

(1) incorporates a structural and mechanical system; and

(2) uses a high strength fabric or film that achieves its strength, shape, and stability by tensioning from internal air pressure.
Md. Code, Economic Development § 3-404 — MD Code / Article gec / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

(a) The Secretary or the Secretary’s designee shall direct the Program.

(b) The Secretary may not provide training assistance under the Program except at the specific request of an employer or group of employers.

(c) To identify employers that need assistance, the Secretary shall use local advisory groups, including private industry councils and joint apprenticeship committees.

(d) Subject to §§ 3-405 and 3-412(c) and (d)(1) of this subtitle, the Secretary shall establish eligibility criteria and priorities for assistance under the Program.

(e) In accordance with § 2.5–109 of this article, the Secretary shall submit a report on the operation and performance of the Program.
Md. Code, Corporations and Associations § 3-419 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-419
§3–419.
Status: in_force

(a) The voluntary or involuntary dissolution of a corporation does not relieve its stockholders, directors, or officers from any obligation or liability imposed on them by law.

(b) At any time before final ratification of the auditor’s account distributing the assets of the corporation among its creditors and stockholders, any stockholder of a corporation dissolved by the order of a court may plead on behalf of the corporation all defenses, including limitations or laches, in the same manner as could the corporation or its receiver.
Md. Code, Natural Resources § 3-1101 — MD Code / Article gnr / Title 3 / Subtitle 11 / Section 3-1101
§3–1101.
Status: in_force

(a) There is a Water Quality Monitoring Program within the Department.

(b) The purpose of the Water Quality Monitoring Program is to:

(1) Provide for a consistent statewide approach for improving water quality monitoring data, consistent with the most up–to–date scientific knowledge and technologies;

(2) Conduct long–term and targeted short–term water quality monitoring and assessments to develop an understanding of and guide programs designed to meet water quality improvement goals, improve aquatic living resources and habitat, address climate change impacts, and implement resilience planning;

(3) Integrate water quality monitoring data into planning processes to inform policy choices about the effectiveness of management actions; and

(4) Provide the general public with readily available water quality monitoring data to guide recreational and other passive uses.

(c) The Department may assess and incorporate water quality monitoring data that meets the quality assurance and use goals of the State data sets into the Water Quality Monitoring Program.
Md. Code, Education § 3-2B-04 — MD Code / Article ged / Title 3 / Subtitle 2B / Section 3-2B-04
§3–2B–04.
Status: in_force

(a) Except for the student member, a member serves for a term of 4 years beginning on the first Monday in December after the member’s election or appointment and until a successor is elected or appointed and qualifies.

(b) (1) An individual who takes office to fill a vacancy for an elected or appointed member serves for the remainder of the term for which the appointment was made and until a successor is elected or appointed and qualifies.

(2) The Governor shall act within 30 days to make any appointment to the county board.
Md. Code, Education § 3-13A-08 — MD Code / Article ged / Title 3 / Subtitle 13A / Section 3-13A-08
§3–13A–08.
Status: in_force

(a) (1) The chair of the county board is entitled to receive annually as compensation the greater of:

(i) $4,000; or

(ii) A salary set by the Wicomico County Council.

(2) The vice chair of the county board and the other elected members of the county board are entitled to receive annually as compensation the greater of:

(i) $3,700; or

(ii) A salary set by the Wicomico County Council.

(b) After submitting vouchers under the rules and regulations adopted by the county board, the elected members are entitled to receive reimbursement for travel and other expenses as provided in the county board’s budget.

(c) (1) On the submission of expense vouchers, a student member is entitled to reimbursement for travel and other expenses incurred in the performance of official duties for the county board.

(2) A student member may be granted a scholarship as authorized by the county board.

(3) A student member is not entitled to any compensation or payment other than that specified under paragraphs (1) and (2) of this subsection for the student member’s work as a student member of the county board.
Md. Code, Election Law § 3-204 — MD Code / Article gel / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) (1) The State Board shall designate public agencies and nongovernmental agencies as voter registration agencies where qualified individuals may apply to register to vote.

(2) The State Board shall designate the following offices as voter registration agencies:

(i) all offices in the State that provide public assistance;

(ii) all offices in the State that provide State–funded programs primarily engaged in providing services to individuals with disabilities;

(iii) all public institutions of higher education in the State; and

(iv) all one–stop career centers in the Maryland Department of Labor.

(3) The State Board and the Secretary of Defense shall jointly develop and implement procedures for persons to apply to register to vote at recruitment offices of the armed forces of the United States, which shall be deemed voter registration agencies.

(a–1) A voter registration agency that is subject to the requirements of § 3–203 of this subtitle:

(1) shall conduct voter registration in the manner specified in § 3–203 of this subtitle; and

(2) is not subject to the requirements of this section.

(b) Except for a public institution of higher education in the State, which institution shall comply with the requirements of subsection (c) of this section and § 3–204.2(f) of this subtitle, each voter registration agency, as provided in subsection (a)(2) and (3) of this section, shall:

(1) distribute a voter registration application approved by the State Board or the Federal Election Commission with each application for service or assistance it renders and with each recertification, renewal, or change of address form relating to such service or assistance;

(2) provide a document to prospective registrants that includes:

(i) the question, “If you are not registered to vote where you live now, would you like to apply to register to vote here today?”;

(ii) if the agency provides public assistance, the statement, “Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.”;

(iii) boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote together with the statement (in close proximity to the boxes and in prominent type), “If you do not check either box, you will be considered to have decided not to register to vote at this time.”;

(iv) the statement, “If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.”;

(v) the statement, “If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the State Board of Elections.”; and

(vi) the address and toll free telephone number of the State Board;

(3) provide each applicant who does not decline to register to vote and who accepts assistance the same degree of assistance with regard to completion of the registration application as is provided by the office with regard to the completion of its own applications, unless the applicant refuses such assistance;

(4) ensure that each application for service or assistance from the agency and each recertification, renewal, or change of address form relating to the service or assistance may not be completed until the applicant has indicated whether the applicant wishes to register to vote and is informed that if the applicant does not select a political party affiliation, the individual will be designated as not affiliated with a political party and will be unable to vote in a party primary election; and

(5) accept the completed voter registration application for transmittal to the appropriate election board.

(c) (1) A public institution of higher education shall designate a staff member as the student voting coordinator.

(2) The student voting coordinator shall develop and implement a student voting plan to increase student voter registration and voting in collaboration with faculty, staff, recognized student organizations, and other appropriate stakeholders at the institution.

(3) The student voting plan shall:

(i) cover the 2–year period immediately preceding each statewide general election; and

(ii) be updated after each statewide general election.

(4) The student voting plan shall include:

(i) wide dissemination of information about voter registration and voting opportunities to all students, including:

1. the voter registration process and deadlines;

2. the process and deadlines for requesting and returning a ballot by mail;

3. locations and dates for early voting and election day voting, including transportation options to the voting locations;

4. information about voter registration at early voting centers under § 3–305 of this title and voter registration at precinct polling places on election day under § 3–306 of this title; and

5. a link from the institution’s online student portal to the webpage concerning student voter registration and voting that is maintained by the State Board under § 3–103 of this title or a webpage on the student portal that includes the same information as the webpage maintained by the State Board;

(ii) provision of voter registration materials at central locations and high–traffic areas on campus;

(iii) reasonable accommodation and collaboration with the local board regarding:

1. the placement of an early voting center or precinct polling place on campus if requested by the local board;

2. parking;

3. campaign signs;

4. voter access to campus without identification;

5. polling place space requirements in compliance with State Board regulations;

6. public education campaign;

7. ballot drop box siting; and

8. any other factors relating to the conduct of an election;

(iv) encouragement and support of recognized student organizations engaged in activities to increase voter registration and voting by students; and

(v) any other activities to promote student participation in civic affairs and the election process that the institution determines are appropriate.

(5) The student voting plan may not be used to disseminate information regarding:

(i) how a student should vote; or

(ii) who a student should vote for.

(6) A public institution of higher education shall:

(i) make the institution’s student voting plan available to the public on the institution’s website; and

(ii) provide the institution’s student voting plan to the Maryland Higher Education Commission and the State Board.

(d) An applicant may mail the voter registration application to the appropriate State election official or return it to the voter registration agency for transmittal to the appropriate election official.

(e) Within 5 days from the acceptance of a voter registration application, the voter registration agency shall forward the application to the appropriate State election official.

(f) (1) An applicant registering to vote at a voter registration agency may affirmatively consent to the use of the individual’s electronic signature that is on file with the voter registration agency as the individual’s signature for the application being submitted.

(2) If an applicant signs a voter registration application as provided in paragraph (1) of this subsection, the voter registration agency shall transmit an electronic copy of the applicant’s signature to the State Board within 5 days after the day on which the agency accepted the application.

(g) If a voter registration agency is an office described in subsection (a)(2)(ii) of this section, which provides services to an individual with a disability at the individual’s home, the agency shall provide the services described in subsection (b) of this section at the individual’s home.

(h) (1) An individual who provides any service described in subsection (b) of this section may not:

(i) seek to influence an applicant’s political preference or party registration;

(ii) display any political preference or party allegiance; or

(iii) make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

(2) No information relating to a declination to register to vote in connection with an application made at an office designated as a voter registration agency may be used for any purpose other than the maintenance of voter registration statistics.

(3) Notwithstanding § 3–501 of this title and § 4–401 of the General Provisions Article, the identity of a voter registration agency through which a particular voter has registered may not be disclosed to the public.

(i) Regulations necessary to carry out the requirements of this section and § 3–203 of this subtitle, including provisions for training the employees of voter registration agencies and the Motor Vehicle Administration, shall be adopted by the State Board in cooperation with each agency.

(j) On or before January 1, 2018, and January 1 each subsequent year, the Maryland Department of Labor shall submit a report, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee and the House Ways and Means Committee that describes:

(1) the efforts of the one–stop career centers to register voters under this section in the preceding calendar year; and

(2) any efforts the Department plans to make to improve the efficiency and effectiveness of the voter registration process at the one–stop career centers.
Md. Code, Labor and Employment § 3-431 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-431
§3–431.
Status: in_force

This subtitle may be cited as the Maryland Wage and Hour Law.
Md. Code, Natural Resources § 3-904 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-904
§3–904.
Status: in_force

(a) As used in this subtitle, the words and terms listed in this section have the meaning given, unless the context clearly indicates another or different meaning.

(b) “Bonds” means all bonds, bond anticipation notes, revenue anticipation notes, grant anticipation notes, or other evidences of indebtedness of the Authority, whether general or limited obligations of the Authority.

(c) “Cost” shall include the purchase price of any project or the cost of acquiring all or any portion of the right, title, or interest of a project and the amount to be paid to discharge all obligations necessary or desirable to vest title to the project or any part thereof in the Authority or other owner; the cost of any reconstruction, extension, enlargement, alteration, repair or improvement; the cost of all lands, properties, rights, easements, franchises, and permits; the cost of all labor, machinery, and equipment; financing charges; interest prior to and during construction and if, deemed desirable by the Authority, for a limited period after the completion of construction; reserves for principal and interest and for extensions, enlargements, additions and improvements; the cost of revenue estimates, engineering and legal services, plans, designs, specifications, surveys, investigations, demonstrations, studies, estimates of cost, other expenses necessary or incident to determining the feasibility or practicability of any such acquisition, improvement, repair or construction; administrative expenses, and other expenses as necessary or incident to the financings herein authorized, and to the acquisition, operation, maintenance, improvement, construction of a project and the placing of the same in operation by the Authority, including reasonable provision for working capital. Any obligation or expense incurred prior to the issuance of bonds under the provisions of this subtitle in connection with the foregoing items of cost may be regarded as a part of such cost.

(d) The word “county” includes the Mayor and City Council of Baltimore unless otherwise indicated.

(e) “Person” means any natural person, corporation, firm, partnership, cooperative, or other entity.

(f) (1) “Project” means the facilities and properties used or useful or having present capacity for future use in connection with:

(i) The transporting, transferring, compacting, burying, incinerating, reduction, composting, collection, storage, treatment, utilization, processing, or final disposal of waste;

(ii) The conversion of waste to fuel, steam, electricity, energy, or other resources or the generation of steam, electricity, or other forms of energy from fuel which is derived from, or is otherwise related to, waste;

(iii) The reconstruction, converting or otherwise recycling of waste into material which is not waste or which is useful or is marketable; or

(iv) Any combination of the foregoing (whether or not such facilities are located on a single site). The term “project” also includes but shall not be limited to:

1. Waste disposal facilities, pollution control facilities, and facilities for generating and furnishing electric energy or gas or other forms of energy which can be financed by bonds the interest on which is exempt from income tax under the Internal Revenue Code, whether such interest would have been tax exempt at the time of the enactment of this subtitle or of any amendment thereto; and

2. Any facilities and properties within the definition of “project” set forth in this section, whether or not such facilities or properties can be financed by bonds the interest on which is tax exempt under the Internal Revenue Code, it being the purpose and intent of this subtitle that the term “project” be liberally construed so as to effectuate the purposes of this subtitle.

(2) The term “project” includes (without limitation) land, buildings, structures, machinery, equipment, rail or motor vehicles, barges, boats, and all properties and rights therein and appurtenances thereof, rights–of–way, franchises, easements and other interests in land, all land and facilities which are functionally related and subordinate to the project and all patents, licenses and other rights necessary or useful in the construction or operation of a project.

(g) “Resolution of participation” means the resolution filed by a county with the Secretary of State and the Department of Legislative Services in order to evidence the consent of the county to participate in the activities of the Authority in accordance with the provisions of this subtitle.

(h) “Revenues” means, but is not necessarily limited to, all money received by the Authority from or in connection with any project, including (without limitation) grants, rentals, rates, fees, charges for the use of the services furnished or available and all other income inuring to the Authority; provided that the Authority, from time to time, may further define or limit the term “revenues” as applied to a particular project, financing, or other matter.

(i) “Subdivision” means any county, municipal corporation, sanitary district, State or local agency, or other public body or agency created or established by or pursuant to State or local law, ordinance, or resolution.

(j) “Wastes” means all waste materials, whether solid, liquid or gas, including but not limited to garbage, refuse, and other discarded materials, waste materials resulting from industrial, commercial and agricultural operations and from community activities, rubbish, ashes, incinerator residue, wastewater treatment residue, street cleanings, dead animals, demolition and construction debris, discarded household appliances, automobile bodies, offal and paunch manure.
Md. Code, Corporations and Associations § 3-519 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-519
§3–519.
Status: in_force

(a) If the period of existence of a corporation is limited by its charter, the corporation shall comply with the following conditions before the period of its existence expires:

(1) All taxes not barred by limitations and payable by the corporation to the Department, including taxes billed at the current rate under § 10–206 of the Tax – Property Article, shall be paid or provided for in a manner satisfactory to the Department;

(2) The corporation shall submit to the Department certificates of the Comptroller and of each collector of taxes on the list supplied by the Department, as provided in subsection (c) of this section, stating that all taxes not barred by limitations which are imposed on assessments made by the Department and billed by and payable to them by the corporation, including taxes billed for the year in which expiration of existence is to occur, shall be paid or provided for in a manner satisfactory to them; and

(3) The corporation shall submit to the Department a certificate of the Secretary of Labor stating that all unemployment insurance contributions and reimbursement payments not barred by limitations that are due and payable to the Secretary, including contributions and reimbursement payments for the year in which expiration of existence is to occur, shall be paid or provided for in a manner satisfactory to the Secretary.

(b) A collector of taxes may not certify the payment of taxes until he has received from the Department certified assessments of personal property after the preceding date of finality and the taxes have been billed at the current year’s rate. However, a certificate based on a satisfactory provision for payment may be made before then.

(c) On written request of the corporation, the Department shall furnish it without charge a list of all collectors of taxes of counties and municipalities to which the Department has certified an assessment of personal property taxable to the corporation within the preceding four years.

(d) Notwithstanding any provision of its charter, any corporation with a limited period of existence ceases to exist only as of the later of:

(1) The date or expiration of the period specified in its charter; or

(2) The date on which the conditions of subsection (a) of this section are fulfilled.
Md. Code, Public Safety § 3-512 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-512
§3–512.
Status: in_force

(a) On or before February 1 of each year, the Police Commissioner of Baltimore City shall report the following information concerning the Baltimore Police Department to the Mayor and City Council of Baltimore and, in accordance with § 2–1257 of the State Government Article, the members of the Baltimore City Delegation to the General Assembly for the previous calendar year:

(1) the total number of sworn police officers in the Department;

(2) the number of sworn African American police officers in the Department;

(3) the number of sworn female police officers in the Department;

(4) the number of sworn police officers in the Department who are residents of Baltimore City;

(5) the number of recruiting events the Department sponsored or participated in in Baltimore City;

(6) the number of instances of use of force that resulted in the transport of a civilian to a hospital by an emergency vehicle, when the injury occurred as a direct result of an officer’s actions;

(7) the number of civilian complaints about the use of force by an officer;

(8) the number of officers who were suspended with pay;

(9) the number of officers who were suspended without pay;

(10) the percentage of patrol officers who were assigned to neighborhood patrols;

(11) the number of youth under the age of 18 years referred to intervention programs by officers; and

(12) a description of the Department’s community policing efforts, including community policing programs, participation in town hall meetings, and efforts to engage with schools, recreation centers, community centers, and senior centers.

(b) The report required under subsection (a) of this section shall be made available to the public on the Department’s website.
Md. Code, Financial Institutions § 3-306 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) If the surplus of a commercial bank at any time is less than 100 percent of its capital stock, then, until the surplus is 100 percent of the capital stock, the commercial bank:

(1) Shall transfer to its surplus annually at least 10 percent of its net earnings; and

(2) May not declare or pay any cash dividends that exceed 90 percent of its net earnings.

(b) Any losses of a commercial bank that exceed its undivided profits may be charged to its surplus.
Md. Code, Labor and Employment § 3-1202 — MD Code / Article gle / Title 3 / Subtitle 12 / Section 3-1202
§3–1202.
Status: in_force

(a) Except as provided in subsection (b) of this section, an eligible employee is entitled to a total of 6 workweeks of unpaid parental leave during any 12–month period for one or more of the following:

(1) the birth of a child of the employee; or

(2) the placement of a child with the employee for adoption or foster care.

(b) An employer may deny unpaid parental leave to an eligible employee if:

(1) the denial is necessary to prevent substantial and grievous economic injury to the operations of the employer; and

(2) the employer notifies the employee of the denial before the employee begins taking the leave.

(c) If an employer provides paid leave to an eligible employee, the employer may require the eligible employee, or the eligible employee may elect, to substitute the paid leave for any part of or all of the period of parental leave.
Md. Code, Public Safety § 3-603 — MD Code / Article gps / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

(a) The Office of the Chief Medical Examiner shall maintain files of DNA samples and photographs of unidentified human remains.

(b) The cremation of human remains is subject to the provisions of § 5-502 of the Health - General Article.
Md. Code, Insurance § 3-216 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-216
§3–216.
Status: in_force

(a) (1) Except as to a nonassessable policy, each subscriber has a contingent assessment liability, in the amount stated in the power of attorney or subscriber’s agreement, for payment of losses and expenses incurred while the subscriber's policy is in force.

(2) The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer is individual, several, and proportionate and is not joint.

(b) (1) The contingent liability of each subscriber shall be at the rate of not less than one additional annual premium or premium deposit stated in the policy but not more than 10 times the annual premium or premium deposit.

(2) The maximum total contingent liability shall be calculated as set forth in § 3-217(e) of this subtitle.

(c) Each assessable policy issued by a reciprocal insurer shall contain a statement of the contingent liability.
Md. Code, Corporations and Associations § 3-104 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) Notwithstanding any other provision of this subtitle, unless the charter or bylaws of a corporation provide otherwise by reference to this section or the subject matter of this section, the approval of the stockholders is not required for any:

(1) Transfer of assets by a corporation in the ordinary course of business actually conducted by it or as a distribution as defined in § 2–301 of this article;

(2) Mortgage, pledge, or creation of any other security interest in any or all of the assets of a corporation, whether or not in the ordinary course of its business;

(3) Transfer of assets by a corporation to one or more persons if all of the equity interests of the person or persons are owned, directly or indirectly, by the corporation;

(4) Transfer of assets by a corporation registered as an open–end investment company under the Investment Company Act of 1940, including a transfer between or among classes or series of stock of a corporation; or

(5) Transfer of assets by a corporation that is dissolved.

(b) Notwithstanding any other provisions of this subtitle, unless the charter or bylaws of a corporation provide otherwise by reference to this section or the subject matter of this section, the approval of the stockholders and articles of share exchange are not required for an exchange of shares of stock through voluntary action or under an agreement with the stockholders participating in the exchange.

(c) Notwithstanding any other provision of this subtitle, unless the charter or bylaws of a corporation provide otherwise by reference to this section or the subject matter of this section, the approval of the stockholders is not required for a transfer of assets that is collateral for securing a mortgage, pledge, or security interest if:

(1) The mortgagee, pledgee, or secured party exercises its rights under:

(i) Title 9 of the Maryland Uniform Commercial Code;

(ii) The Real Property Article; or

(iii) Other applicable law to effect the transfer of assets without the consent of the corporation; or

(2) The board of directors of the corporation authorizes an alternative sale of assets with the mortgagee, the pledgee, a secured party, or another person:

(i) That results in the reduction or elimination of the liabilities or obligations secured by the assets; and

(ii) For which the value of the assets is less than or equal to the amount of the liabilities or obligations being reduced or eliminated.

(d) The receipt of consideration by the corporation or its stockholders in an alternative sale of assets in accordance with subsection (c)(2) of this section may not create a presumption that the value of the assets is greater than the amount of liabilities or obligations being eliminated or reduced for the purposes of this section.

(e) (1) This subsection does not apply to any proceeding against a corporation and another necessary party to enjoin a sale before the sale is completed.

(2) Subject to paragraph (3) of this subsection, failure to satisfy subsection (c)(2)(ii) of this section may not invalidate a sale if the transferee of the assets:

(i) Provided value for the assets, including the reduction or elimination of the liabilities or obligations secured by the assets; and

(ii) Acted in good faith.

(3) Paragraph (2) of this subsection may not be interpreted to eliminate any claim, including:

(i) A claim for monetary damages arising from the director failing to satisfy the standard of conduct for directors under § 2–405.1(c) of this article, including a claim by or in the right of the corporation; or

(ii) A claim for equitable relief.

(f) A transaction described in subsection (a), (b), or (c) of this section also may be effected as otherwise provided in this subtitle.
Md. Code, Business Regulation § 3-202 — MD Code / Article gbr / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

The Commissioner may delegate any power or duty of the Commissioner under this title.
Md. Code, Courts and Judicial Proceedings § 3-8A-21 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-21
§3–8A–21.
Status: in_force

The court may order emergency medical, dental, or surgical treatment of a child alleged to be suffering from a condition or illness which, in the opinion of a licensed physician or dentist, as the case may be, requires immediate treatment, if the child’s parent, guardian, or custodian is not available or, without good cause, refuses to consent to the treatment.
Md. Code, Education § 3-1301 — MD Code / Article ged / Title 3 / Subtitle 13 / Section 3-1301
§3–1301.
Status: in_force

(a) The Washington County Board consists of seven members.

(b) All seven members of the Washington County Board shall be elected from Washington County at large at a general election every 4 years beginning in 1978.

(c) (1) Each member serves for a term of 4 years beginning on the first Tuesday in December after the member’s election and until a successor is elected and qualifies.

(2) The terms of members are staggered as required by the terms of the members serving on the county board as of July 1, 1986.

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

(4) In accordance with subsection (f) of this section, the County Commissioners shall appoint a qualified individual to fill any vacancy on the county board for the remainder of that term and until a successor is elected and qualifies.

(d) (1) Immediately preceding the date the member takes office, each member of the county board shall be:

(i) A resident of Washington County for at least 6 months; and

(ii) A resident of the State for at least 12 months.

(2) (i) During the term of a member of the county board, the member shall maintain a primary residence in Washington County.

(ii) A member of the county board who no longer maintains a primary residence in Washington County may not continue as a member of the county board.

(e) (1) The State Board may remove a member of the county board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10–day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Washington County.

(f) (1) In this subsection, “Washington County Delegation” means the Senators and Delegates in the General Assembly of Maryland who are elected to represent Washington County or any portion of Washington County.

(2) There is a Washington County School Board Nominating Commission.

(3) The Commission shall consist of the following six voting members:

(i) One member appointed by the Senate members of the Washington County Delegation;

(ii) One member appointed by the Delegate members of the Washington County Delegation;

(iii) One member appointed by the county board; and

(iv) The following three members appointed by the County Commissioners:

1. One member representing the Washington County business community;

2. One member representing the Washington County Citizens Advisory Council; and

3. One member representing the Washington County educational community.

(4) (i) The Chairman of the Commission shall be a member of the public appointed by the County Commissioners.

(ii) The Chairman may not be a member of either the county board or the Washington County Delegation.

(iii) The Chairman is a nonvoting member of the Commission who shall vote only when there is a tie vote among the voting members of the Commission.

(5) The County Commissioners shall provide the staff for the Commission.

(6) The Commission shall:

(i) Advertise the vacancy and provide the procedures for filling the vacancy in at least one medium accessible to the general public, which includes:

1. A newspaper of general circulation in the region; or

2. An electronic posting on the local school system website; and

(ii) Before selecting any nominees, hold at least one public hearing.

(7) Within 30 days of the vacancy occurring, the Commission shall submit the names of no more than three nominees to the County Commissioners for their consideration.

(8) Within 15 days after receiving the names of the nominees provided by the Commission under paragraph (7) of this subsection, the County Commissioners shall select an individual to fill the vacancy on the county board.
Md. Code, Business Occupations and Professions § 3-602 — MD Code / Article gbo / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

Except for a licensed architect who operates a business as a sole practitioner, a person may not operate a business through which architecture is practiced, unless:

(1) the business is a corporation, partnership, or limited liability company; and

(2) the corporation, partnership, or limited liability company holds a permit issued by the Board.
Md. Code, Courts and Judicial Proceedings § 3-8A-33 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-33
§3–8A–33.
Status: in_force

(a) A law enforcement officer authorized to make arrests shall issue a citation to a child if the officer has probable cause to believe that the child is violating:

(1) § 5–601 of the Criminal Law Article involving the use or possession of cannabis;

(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;

(3) § 10–132 of the Criminal Law Article;

(4) § 10–136 of the Criminal Law Article; or

(5) § 26–103 of the Education Article.

(b) A citation issued under this section shall be in a format prescribed by the State Court Administrator after consultation with police administrators and the Motor Vehicle Administrator. Each citation shall be signed by the issuing officer and shall contain:

(1) The name, address, and birth date of the child being charged with the violation;

(2) The name and address of the child’s parent or legal guardian;

(3) The statute allegedly violated;

(4) The time, place, and date of the violation;

(5) The driver’s license number of the child, if the child possesses a driver’s license;

(6) The registration number of the motor vehicle, motorcycle, or other vehicle, if applicable;

(7) The signature of the child; and

(8) The penalties which may be imposed under § 3–8A–19 of this subtitle.

(c) A copy of the citation issued under this section shall be:

(1) Given to the child being charged;

(2) Retained by the officer issuing the citation;

(3) Mailed within 7 days to the child’s parent or legal guardian; and

(4) Filed with the intake officer of the court having jurisdiction under this subtitle.
Md. Code, Commercial Law § 3-504 — MD Code / Article gcl / Title 3 / Subtitle 5 / Section 3-504
§3–504.
Status: in_force

(a) Presentment for payment or acceptance of an instrument is excused if (i) the person entitled to present the instrument cannot with reasonable diligence make presentment, (ii) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings, (iii) by the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer, (iv) the drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted, or (v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.

(b) Notice of dishonor is excused if (i) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (ii) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.

(c) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.
Md. Code, Health Occupations § 3-201 — MD Code / Article gho / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

There is a State Board of Chiropractic Examiners in the Department.
Md. Code, Public Safety § 3-204 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

The Commission annually shall elect a chair and vice chair from among its members.
Md. Code, Criminal Law § 3-905 — MD Code / Article gcr / Title 3 / Subtitle 9 / Section 3-905
§3–905.
Status: in_force

(a) A person may not take and break open a letter that is not addressed to the person without permission from the person to whom the letter is addressed or the personal representative of the addressee’s estate.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for 6 days and a fine of $15.
Md. Code, Transportation § 3-213 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-213
§3–213.
Status: in_force

The bonds, notes, and other evidences of obligation issued under this subtitle are not and may not be considered to constitute a debt or a pledge of the faith and credit of the State of Maryland, but shall be payable, as to both principal and interest, only from the proceeds of the tax and other revenues levied, imposed, pledged, or made available for that purpose.
Md. Code, Insurance § 3-214 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-214
§3–214.
Status: in_force

(a) The advisory committee of a domestic reciprocal insurer that exercises the subscribers' rights shall be chosen under rules that the subscribers adopt.

(b) Not less than two-thirds of the advisory committee shall be subscribers other than the attorney in fact of the reciprocal insurer or a person employed by, representing, or having a financial interest in the attorney in fact.

(c) The advisory committee shall:

(1) supervise the finances of the reciprocal insurer;

(2) supervise the operations of the reciprocal insurer to ensure compliance with the subscribers' agreement and power of attorney;

(3) procure the audit of the accounts and records of the reciprocal insurer and of the attorney in fact at the expense of the reciprocal insurer; and

(4) have any additional powers and functions as conferred by the subscribers’ agreement.
Md. Code, Real Property § 3-603 — MD Code / Article grp / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

(a) The clerk may not charge any county, any municipality, any unit of State government, the Maryland–National Capital Park and Planning Commission, or the Washington Suburban Sanitary Commission any fee provided by this subtitle unless the county, municipality, unit of State government, or respective commission first gives its consent.

(b) No charge may be made against the Comptroller for any service performed in connection with the recording and indexing of property liens arising under the Maryland income tax or the Maryland sales and use tax laws.
Md. Code, Education § 3-3A-01 — MD Code / Article ged / Title 3 / Subtitle 3A / Section 3-3A-01
§3–3A–01.
Status: in_force

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

(b) “Appointed member” means one of the two voting members appointed by the Governor, with the advice and consent of the Senate, under § 3–3A–02(b)(3)(i)1 of this subtitle.

(c) “Board of education district” or “district” means a geographic area of Caroline County in which an elected member of the Caroline County Board of Education must be a legal resident.

(d) (1) “Elected member” means one of the three nonpartisan voting members of the Caroline County Board of Education elected by the voters of Caroline County.

(2) “Elected member” does not include the nonvoting student members selected under § 3–3A–02(f) of this subtitle.
Md. Code, Natural Resources § 3-2A-05 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-05
§3–2A–05.
Status: in_force

(a) Subject to conditions necessary to carry out the purposes and requirements of this subtitle, the Trust, on application by a land trust, may provide a grant to the applicant from the Grant Fund.

(b) The Trust may make a grant to an applicant only if:

(1) The applicant meets the qualifications required by this subtitle;

(2) The grant is to be used only for the acquisition of interests or rights in real property for recreational or preservation purposes;

(3) The Department approves the project as being in conformity with the Department’s criteria governing land acquired under a State grant from Program Open Space;

(4) The trustees of the Trust approve the grant; and

(5) The Board of Public Works approves the grant.
Md. Code, Courts and Judicial Proceedings § 3-8C-08 — MD Code / Article gcj / Title 3 / Subtitle 8C / Section 3-8C-08
§3–8C–08.
Status: reserved

(a) (1) If a petition is filed under this subtitle in a county other than the county where the child is living or domiciled, the court on its own motion, or on motion of a party, may transfer the proceedings to the county of residence or domicile at any time prior to final termination of jurisdiction.

(2) In its discretion, the court to which the case is transferred may take further action.

(b) Every document, social history, and record on file with the clerk of the court pertaining to the case shall accompany the transfer.
Md. Code, Courts and Judicial Proceedings § 3-2A-02 — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-02
§3–2A–02.
Status: in_force

(a) (1) All claims, suits, and actions, including cross claims, third-party claims, and actions under Subtitle 9 of this title, by a person against a health care provider for medical injury allegedly suffered by the person in which damages of more than the limit of the concurrent jurisdiction of the District Court are sought are subject to and shall be governed by the provisions of this subtitle.

(2) An action or suit of that type may not be brought or pursued in any court of this State except in accordance with this subtitle.

(3) Except for the procedures stated in § 3-2A-06(f) of this subtitle, an action within the concurrent jurisdiction of the District Court is not subject to the provisions of this subtitle.

(b) A claim filed under this subtitle and an initial pleading filed in any subsequent action may not contain a statement of the amount of damages sought other than that they are more than a required jurisdictional amount.

(c) (1) In any action for damages filed under this subtitle, the health care provider is not liable for the payment of damages unless it is established that the care given by the health care provider is not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.

(2) (i) This paragraph applies to a claim or action filed on or after January 1, 2005.

(ii) 1. In addition to any other qualifications, a health care provider who attests in a certificate of a qualified expert or testifies in relation to a proceeding before a panel or court concerning a defendant’s compliance with or departure from standards of care:

A. Shall have had clinical experience, provided consultation relating to clinical practice, or taught medicine in the defendant’s specialty or a related field of health care, or in the field of health care in which the defendant provided care or treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving rise to the cause of action; and

B. Except as provided in subsubparagraph 2 of this subparagraph, if the defendant is board certified in a specialty, shall be board certified in the same or a related specialty as the defendant.

2. Subsubparagraph 1B of this subparagraph does not apply if:

A. The defendant was providing care or treatment to the plaintiff unrelated to the area in which the defendant is board certified; or

B. The health care provider taught medicine in the defendant’s specialty or a related field of health care.

(d) Except as otherwise provided, the Maryland Rules shall apply to all practice and procedure issues arising under this subtitle.