Md. Code, Alcoholic Beverages and Cannabis § 12-1201 — MD Code / Article gab / Title 12 / Subtitle 12 / Section 12-1201
§12–1201.
Status: in_force

(a) There is an off–sale caterer privilege.

(b) (1) Subject to paragraph (3) of this subsection, the Board may grant the privilege to a holder of an on–sale:

(i) beer and wine license of any class; or

(ii) beer, wine, and liquor license of any class.

(2) The privilege is not a separate class of license but is incorporated in the holder’s beer and wine license or beer, wine, and liquor license.

(3) Before the Board grants or renews the privilege, an applicant or a holder of the privilege shall:

(i) have the facilities to prepare and deliver food to the site of a catered event; and

(ii) obtain a caterer’s license from the City Health Department after the Department approves the facilities.

(c) The privilege authorizes a holder to:

(1) contract with a sponsor of a public or private catered event held off the premises of the holder to provide food and alcoholic beverages for consumption at the event; and

(2) exercise the privilege only during the hours and on the days authorized for the holder’s license.

(d) The privilege may be renewed.

(e) The annual fee for the privilege is $500 in addition to the annual fee for the license to which the privilege is incorporated.
Md. Code, Insurance § 12-302 — MD Code / Article gin / Title 12 / Subtitle 3 / Section 12-302
§12–302.
Status: in_force

(a) A guardian of a minor may insure for the minor property that the minor owns.

(b) A property insurance contract issued to a guardian under subsection (a) of this section has the same effect as if the minor were an adult and had made the property insurance contract.
Md. Code, Economic Development § 12-118 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-118
§12–118.
Status: in_force

This subtitle may be cited as the Maryland Economic Development Revenue Bond Act.
Md. Code, Election Law § 12-204 — MD Code / Article gel / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) The court may provide a remedy as provided in subsection (b) or (c) of this section if the court determines that the alleged act or omission materially affected the rights of interested parties or the purity of the elections process and:

(1) may have changed the outcome of an election already held; or

(2) may change the outcome of a pending election.

(b) If the court makes an affirmative determination that an act or omission was committed that changed the outcome of an election already held, the court shall:

(1) declare void the election for the office or question involved and order that the election be held again at a date set by the court; or

(2) order any other relief that will provide an adequate remedy.

(c) If the court makes an affirmative determination that an act or omission has been committed that may change the outcome of a pending election, the court may:

(1) order any relief it considers appropriate under the circumstances; and

(2) if the court determines that it is the only relief that will provide a remedy, direct that the election for the office or question involved be postponed and rescheduled on a date set by the court.

(d) A determination of the court under subsection (a) of this section shall be based on clear and convincing evidence.
Md. Code, Local Government § 12-529 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-529
§12–529.
Status: in_force

(a) (1) The County Commissioners of Calvert County may establish road construction districts by ordinance.

(2) Two–thirds of the property owners along a road route may request the creation of a road construction district and a road project by presenting a written petition to the county commissioners.

(b) (1) Before establishing a road construction district, the County Commissioners of Calvert County shall:

(i) hold a public hearing on the proposed district;

(ii) send notice of the time and place of the hearing to each property owner in the proposed district by mail to the address shown on the assessment records; and

(iii) publish notice of the time and place of the hearing in two newspapers of general circulation in the county for 2 successive weeks.

(2) At the hearing, the county commissioners shall:

(i) determine the scope of the road project; and

(ii) advise the property owners of the approximate cost and estimated individual benefit charges.

(3) The county commissioners shall:

(i) determine the feasibility of taking the road into the county roads system and undertaking the road project;

(ii) determine whether on completion of the project the road can be taken into the county roads system in accordance with subsection (g) of this section; and

(iii) determine whether to proceed with plans and specifications for the project.

(4) (i) If the county commissioners decide to proceed with the project, the county commissioners shall set a date for a final hearing.

(ii) The date for the final hearing may be changed only if notice is given in accordance with this subsection.

(5) At the final hearing, if the county commissioners establish the district, the county commissioners shall:

(i) set the boundaries of the district; and

(ii) provide for the project scope, cost estimate, and estimated individual benefit charges.

(c) (1) The estimated benefit charges on each lot or parcel of land in the road construction district shall be based on the benefits accruing to the lot or parcel of land.

(2) The County Commissioners of Calvert County shall determine:

(i) when the property owners shall pay back the costs to the county;

(ii) whether interest will be charged; and

(iii) the rate of interest charged, if any.

(d) If the County Commissioners of Calvert County determine to proceed with the road project, they shall advertise for bids and award the contract to the lowest responsible bidder.

(e) (1) On completion of a road project, the County Commissioners of Calvert County shall impose a benefit charge on all real property in the district.

(2) The benefit charge shall be sufficient to meet the costs of the project, including:

(i) interest paid if a debt is created by the county commissioners; and

(ii) administrative costs, including notices to property owners and advertisements.

(3) The benefit charge is a lien on the real property against which it is assessed and shall be paid annually in the same manner as county real property taxes and for the period of time established by the county commissioners.

(f) (1) The County Commissioners of Calvert County may purchase land for use in connection with the road construction district.

(2) The minimum right–of–way that may be purchased in accordance with this section is 30 feet.

(g) When completed to county specifications, the County Commissioners of Calvert County shall place the road in the county roads system.
Md. Code, Commercial Law § 12-707 — MD Code / Article gcl / Title 12 / Subtitle 7 / Section 12-707
§12–707.
Status: in_force

(a) Notwithstanding the provisions of § 12–703 of this subtitle, any creditor who violates any provisions of this subtitle is liable to the applicant in an amount equal to the sum of any actual damages sustained by the applicant acting either in an individual capacity or as a representative of a class.

(b) Any creditor who fails to comply with any requirement imposed under this subtitle shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, as determined by the court, in addition to any actual damages provided in subsection (a) of this section. In pursuing the recovery allowed under this subsection, the applicant may proceed only in an individual capacity and not as a representative of a class.

(c) Notwithstanding subsection (b) of this section, any creditor who fails to comply with any requirement imposed under this subtitle may be liable for punitive damages in the case of a class action in such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery in such action shall not exceed the lesser of $100,000 or 1 percent of the net worth of the creditor. In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional.

(d) When a creditor fails to comply with any requirement imposed under this subtitle, an aggrieved applicant may institute a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other action.

(e) In the case of any successful action to enforce the foregoing liability, the costs of the action together with a reasonable attorney’s fee as determined by the court shall be added to any damages awarded by the court under the provisions of subsections (a), (b), and (d) of this section.

(f) A creditor does not violate this subtitle if the creditor shows by a preponderance of evidence in any administrative or judicial proceeding that the violation was not willful or resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(g) An action under this title may be brought in any district court or circuit court, depending upon the amount in controversy, within one year from the date of the occurrence of the violation.
Md. Code, State Personnel and Pensions § 12-106 — MD Code / Article gsp / Title 12 / Subtitle 1 / Section 12-106
§12–106.
Status: in_force

(a) Except as otherwise provided in this title, if a grievant fails to appeal a decision in accordance with this title to the next step in the grievance procedure, the grievant is considered to have accepted the decision.

(b) Except as otherwise provided in this title, a failure to decide a grievance at any step in the grievance procedure in accordance with this title is considered a denial from which an appeal may be made.
Md. Code, Financial Institutions § 12-114 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-114
§12–114.
Status: in_force

(a) A licensee shall keep the books and records that the Commissioner requires to determine compliance with this subtitle.

(b) Unless a longer period is expressly required by State or federal law, a licensee shall retain the records required under this subtitle for a period of at least 2 years.

(c) A licensee may retain the records required under this subtitle at any location, if the licensee:

(1) Notifies the Commissioner in writing of the location of the records; and

(2) Makes the records available at the licensed location, as agreed by the Commissioner and the licensee, within 7 days after a written request for examination by the Commissioner.

(d) In addition to any other books and records that the Commissioner may require, a licensee shall retain:

(1) A chronological register of all payment instruments cashed by the licensee showing:

(i) The name of the customer;

(ii) The transaction date;

(iii) The type and amount of payment instrument;

(iv) The amount of fee charged; and

(v) A complete description of the identification presented by the customer; and

(2) The licensee’s bank statements and canceled checks.

(e) A licensee shall retain the records required under this section in one of the following ways:

(1) Original form;

(2) An electronic equivalent approved by the Commissioner; or

(3) A microphotographic copy approved by the Commissioner.
Md. Code, Public Safety § 12-206 — MD Code / Article gps / Title 12 / Subtitle 2 / Section 12-206
§12–206.
Status: in_force

(a) This section applies to any building that uses fuel gas piping systems not subject to Title 49, Part 192 of the Code of Federal Regulations.

(b) Non–arc–resistant jacketed corrugated stainless steel tubing may not be used in:

(1) the new construction of a customer–owned natural gas or liquefied propane piping system in a building;

(2) a natural gas or liquefied propane piping system in a renovated property if the renovation affects more than 50% of the total square footage of the property; or

(3) a natural gas or liquefied propane piping system that requires the addition of a new gas line to the gas piping system.

(c) A person who violates this section is subject to a civil penalty not exceeding $1,000.
Md. Code, Economic Development § 12-101 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

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

(b) “Authority” means an industrial development authority established in accordance with § 12-105 of this subtitle.

(c) (1) “Bond” means a revenue bond, note, or other instrument, certificate, or evidence of obligation that is issued and sold by a public body under this subtitle to finance a facility or to refund an outstanding bond.

(2) “Bond” includes:

(i) a bond anticipation note; and

(ii) a note in the nature of commercial paper.

(d) “Chief executive” means the president, chair, mayor, county executive, or any other chief executive officer of a public body.

(e) “Facility” means any land or an interest in land, structure, working capital, equipment, or other property, or any combination of them, the acquisition or improvement of which the legislative body of a county or municipal corporation, the board of directors of an authority, or the Maryland Industrial Development Financing Authority, in its sole discretion, determines by resolution will accomplish one or more of the legislative purposes listed in § 12-103(b) of this subtitle.

(f) “Facility applicant” means a person, public or private corporation, or other entity, whether for–profit or nonprofit, that, by letter of intent or similar agreement with a public body, requests the public body to participate in financing a facility under this subtitle for use by a facility user.

(g) (1) “Facility user” means a person, public or private corporation, or other entity, whether for–profit or nonprofit, that owns, leases, or uses all or part of a facility.

(2) “Facility user” may include a facility applicant.

(h) “Finance” includes refinance.

(i) (1) “Finance board” means a unit or instrumentality of a county or municipal corporation that is authorized by statute or charter to issue and sell bonds of the county or municipal corporation.

(2) “Finance board” does not include the legislative body of a county or municipal corporation.

(j) “Improve” means to add, alter, construct, equip, expand, extend, improve, install, reconstruct, rehabilitate, remodel, or repair.

(k) “Improvement” means addition, alteration, construction, equipping, expansion, extension, improvement, installation, reconstruction, rehabilitation, remodeling, or repair.

(l) “Public body” means:

(1) a county;

(2) a municipal corporation;

(3) an authority; or

(4) the Maryland Industrial Development Financing Authority.

(m) (1) “Public port” means the public ports and harbors on the Chesapeake Bay or the Isle of Wight Bay and their tributaries in the State.

(2) “Public port” includes:

(i) the Baltimore Harbor (the Patapsco River and its tributaries north and west of North Point and Bodkin Point);

(ii) the Port of Cambridge (the south side of the Choptank River between Hambrook’s Bar and the Emerson C. Harrington Bridge); and

(iii) the Port of Crisfield (the Little Annemessex River east of James Island).
Md. Code, Corporations and Associations § 12-206 — MD Code / Article gca / Title 12 / Subtitle 2 / Section 12-206
§12–206.
Status: in_force

The name of each statutory trust as set forth in its certificate of trust shall comply with the requirements of Title 1, Subtitle 5 of this article.
Md. Code, Business Occupations and Professions § 12-305 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

(a) Subject to the limitations in this section, the Board may waive any of the qualifications for a journey plumber license or a master plumber license for an individual who holds a journey plumber license or a master plumber license issued by Baltimore County or by the Washington Suburban Sanitary Commission.

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

(1) pays the appropriate license fee required under § 12-306 of this subtitle;

(2) holds a license that is similar to the license for which the applicant is seeking a waiver;

(3) if contracting to provide plumbing services in the name of the applicant or another person, submits proof of the liability insurance as required under § 12-501 of this title; and

(4) provides adequate evidence that the applicant:

(i) meets the qualifications otherwise required by this subtitle; and

(ii) at the time that the applicant became licensed in Baltimore County or by the Washington Suburban Sanitary Commission, the applicant:

1. passed an examination that was given by Baltimore County or the Washington Suburban Sanitary Commission and was substantially equivalent to the examination that then was required by the Board; and

2. met qualifications for licensing that were set by Baltimore County or the Washington Suburban Sanitary Commission and were substantially equivalent to the qualifications that then were required by the Board.

(c) (1) Subject to paragraph (2) of this subsection, the Board may grant a waiver of the qualification and examination requirements of § 12-302 of this subtitle only if Baltimore County or the Washington Suburban Sanitary Commission waives the qualifications and examination required for individuals licensed by the Board to a similar extent as the Board waives those requirements for individuals licensed by Baltimore County or the Washington Suburban Sanitary Commission.

(2) An agreement may be made with Baltimore County that, if an individual who is licensed by the Board as a journey plumber or a master plumber resides in Baltimore County, the individual may be required to pass a licensing examination for a journey plumber or master plumber given by Baltimore County.
Md. Code, Financial Institutions § 12-706 — MD Code / Article gfi / Title 12 / Subtitle 7 / Section 12-706
§12–706.
Status: in_force

(a) If the Commissioner takes any action under § 12-705(b) of this subtitle, the Commissioner shall give the financial institution the opportunity for a hearing.

(b) Notice of the hearing shall be given and a hearing shall be held in accordance with the Administrative Procedure Act.
Md. Code, Public Safety § 12-835 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-835
§12–835.
Status: in_force

(a) A licensed elevator contractor shall respond as necessary to ensure public safety if:

(1) an emergency exists in the State because of disaster, act of God, or work stoppage; and

(2) the number of licensed elevator mechanics in the State is insufficient to cope with the emergency.

(b) Within 5 business days after beginning work that requires an elevator mechanic license, an individual certified by a licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency elevator mechanic license from the Board.

(c) The licensed elevator contractor shall provide proof of competency as the Board may require for an individual certified by the licensed elevator contractor under subsection (b) of this section.

(d) The Board shall issue emergency elevator mechanic licenses.

(e) An emergency elevator mechanic license entitles the licensee to the rights and privileges of an elevator mechanic license issued under Part III of this subtitle.

(f) An emergency elevator mechanic license is valid for 30 days for particular elevator units or geographical areas as the Board designates.

(g) The Board shall renew an emergency elevator mechanic license during the existence of an emergency.

(h) The Board may not charge a fee for the issuance or renewal of an emergency elevator mechanic license.
Md. Code, Commercial Law § 12-306 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) (1) Except as provided in subsections (b) and (c) of this section, a lender may charge interest on a loan at a rate not more than the rates specified in this subsection.

(2) For any loan with an original principal balance of $2,000 or less, the maximum interest rate is:

(i) 2.75 percent interest per month on that part of the unpaid principal balance not more than $500;

(ii) 2 percent interest per month on that part of the unpaid principal balance that is more than $500 but not more than $700; and

(iii) 1.25 percent interest per month on that part of the unpaid principal balance that is more than $700.

(3) For any loan with an original principal balance of more than $2,000 and not more than $3,500, the maximum interest rate is 1.75 percent interest per month on the unpaid principal balance of the loan.

(4) For any loan with an original principal balance of more than $3,500 and not more than $5,000, the maximum interest rate is 1.5 percent interest per month on the unpaid principal balance of the loan.

(5) For any loan with an original principal balance of more than $5,000, the maximum interest rate is 1.35 percent interest per month on the unpaid principal balance of the loan.

(6) Notwithstanding the provisions of paragraphs (2) through (5) of this subsection on any loan made on or after July 1, 1982, a lender under this subtitle may charge interest not exceeding the following rates:

(i) For any loan with an original principal balance of $2,000 or less, 2.75 percent interest per month on that part of the unpaid principal balance not more than $1,000 and 2 percent interest per month on that part of the unpaid principal balance that is more than $1,000;

(ii) For any loan with an original principal balance of more than $2,000, the maximum rate of interest is 2 percent per month on the unpaid principal balance of the loan.

(7) A loan may be made pursuant to paragraph (6) of this subsection provided that:

(i) If the loan is a renewal or refinancing of a loan made prior to July 1, 1982, the lender complies with § 12-116 of this title;

(ii) If the loan includes a provision for a rate of interest which may be adjusted by the lender during the term of the loan, the lender complies with § 12-118 of this title;

(iii) Upon the borrower’s default, if the loan is secured by personal property, the lender complies with § 12-115 of this title concerning repossession and redemption of the goods securing the loan; and

(iv) The loan does not include a balloon payment, unless payment in full is due on demand or in 1 year or less.

(b) If any principal balance remains unpaid 6 months after the loan matures as originally scheduled or deferred, the lender may not contract for, charge, or receive interest at a rate exceeding 6 percent simple interest per annum on the actual unpaid principal balances from time to time.

(c) If the lender refinances a loan in the ordinary course of business, he may not add to the principal balance or deduct from the proceeds of the new loan more than 60 days’ interest then due.

(d) (1) The lender shall compute interest on the actual unpaid principal balances outstanding from time to time, and he may not contract for, charge, or receive interest in advance or compounded interest.

(2) For each day on which an unpaid principal balance is outstanding, the lender may charge on that unpaid balance 1/30th of the interest permitted under this subtitle to be charged for 1 month.

(3) For purposes of this section, each of the 12 calendar months in the year shall be treated as having 30 days, as follows:

(i) The last day of each month which has 31 days shall be omitted; and

(ii) The necessary number of days shall be added at the end of February to make 30 days.

(e) The maximum term of any loan made under this subtitle may not exceed:

(1) For any loan with an original principal balance of $700 or less, 30 months and 15 days;

(2) For any loan with an original principal balance of more than $700 but less than $2,000, 36 months and 15 days; and

(3) For any loan with an original principal balance of $2,000 or more, 72 months and 15 days.
Md. Code, Public Safety § 12-402 — MD Code / Article gps / Title 12 / Subtitle 4 / Section 12-402
§12–402.
Status: in_force

(a) This subtitle does not apply to a person who executed a legally binding written contract before July 1, 1973, to sell, fabricate, assemble, glaze, install, consent to, or cause to be installed, glazing material other than safety glazing material in, or for use in, a hazardous location in the State.

(b) (1) This subtitle supersedes any county or municipal ordinance that relates to safety glazing, that is less stringent than those in effect under this subtitle.

(2) This subtitle does not preclude a political subdivision of the State from adopting and enforcing requirements and regulations that are more stringent than those in effect under this subtitle.
Md. Code, Commercial Law § 12-702 — MD Code / Article gcl / Title 12 / Subtitle 7 / Section 12-702
§12–702.
Status: in_force

(a) The General Assembly finds that there is a need to insure that the various financial institutions and other persons and firms engaged in the extension of credit exercise their responsibility to make credit available with fairness, impartiality, and without discrimination on the basis of sex or marital status. Economic stabilization would be enhanced, and competition among the various financial institutions and other persons and firms engaged in the extension of credit would be strengthened by an absence of discrimination on the basis of sex, sexual orientation, gender identity, disability, marital status, race, color, religion, national origin, or age (provided the applicant has capacity to contract).

(b) It is the purpose of this subtitle to require that financial institutions and other persons and firms engaged in the extension of credit do not deny credit on the basis of sex, sexual orientation, gender identity, disability, marital status, race, color, religion, national origin, or age (provided the applicant has capacity to contract).
Md. Code, Criminal Procedure § 12-206 — MD Code / Article gcp / Title 12 / Subtitle 2 / Section 12-206
§12–206.
Status: in_force

(a) The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of this title shall recommend to the appropriate forfeiting authority in writing that the motor vehicle be forfeited only if the officer:

(1) determines from the records of the Motor Vehicle Administration the names and addresses of all registered owners and secured parties as defined in the Code;

(2) personally reviews the facts and circumstances of the seizure; and

(3) personally determines, according to the standards listed in § 12-204(b) of this subtitle, and represents in writing that forfeiture is warranted.

(b) (1) A sworn affidavit by the chief law enforcement officer that the officer followed the requirements of this paragraph is admissible in evidence in a proceeding under this section.

(2) The chief law enforcement officer may not be subpoenaed or compelled to appear and testify if another law enforcement officer with personal knowledge of the facts and circumstances surrounding the seizure and the recommendation of forfeiture appears and testifies at the proceeding.
Md. Code, Health Occupations § 12-504 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-504
§12–504.
Status: in_force

(a) In this section, “brand name” means the proprietary name a manufacturer places on a drug or device product or its container.

(b) (1) Subject to the provisions of this subtitle, a pharmacist, or the pharmacist’s designee, who is under the direct supervision of the pharmacist, shall inform a retail consumer to the best of the pharmacist’s or the pharmacist’s designee’s knowledge of the availability of a generically equivalent drug, a therapeutically equivalent brand name drug that is the lowest–cost alternative to the originally prescribed generically equivalent drug, or an interchangeable biological product and shall inform a retail consumer of the approximate cost difference of the lowest–cost alternative as compared to the originally prescribed drug.

(2) The Board shall adopt procedures for:

(i) A consumer to notify the Board when a pharmacist fails to provide the information required under paragraph (1) of this subsection; and

(ii) Advising a pharmacist to bring the pharmacist into compliance with the requirements of paragraph (1) of this subsection.

(3) Paragraph (1) of this subsection does not apply:

(i) When the authorized prescriber states expressly that the prescription is to be dispensed only as directed;

(ii) To a pharmacist who works in a pharmacy, whether centralized or decentralized, which primarily serves public or private institutional recipients; or

(iii) When the cost of the prescription is reimbursed by a third party payer, including medical assistance.

(c) The Board shall maintain a link on its website to the current lists of biological products determined by the United States Food and Drug Administration to be interchangeable with a specific biological product.

(d) (1) A pharmacist may substitute a generically equivalent drug or device product, a therapeutically equivalent brand name drug or device product to the originally prescribed generically equivalent drug or device product, or an interchangeable biological product, of the same dosage form and strength, for the drug or device product originally prescribed, if:

(i) The authorized prescriber does not state expressly that the prescription is to be dispensed only as directed;

(ii) The substitution is:

1. Recognized in the United States Food and Drug Administration’s current list of approved drug or device products with therapeutic equivalence evaluations; or

2. An interchangeable biological product for the drug or device product originally prescribed; and

(iii) The consumer is charged less for the substituted drug or device or interchangeable biological product than the price of the originally prescribed drug or device.

(2) If a retail consumer is using prescription drug coverage for the prescription, the determination of whether the consumer would be charged less for the substituted drug or device or interchangeable biological product shall be based on the consumer’s prescription drug benefit and formulary, if that information is readily available.

(e) If a drug or device product or an interchangeable biological product is substituted under this section, the pharmacist shall:

(1) Notify the patient in writing, or maintain a record that indicates the patient has been notified in writing or orally, that the drug or device product or interchangeable biological product dispensed is a generic equivalent of, a brand name drug or device product that is therapeutically equivalent to, or is interchangeable with the originally prescribed drug or device product; and

(2) Record on the prescription and keep a record of the name and manufacturer of the substituted drug or device product or interchangeable biological product.

(f) The Department may list any additional drug or device products that are determined by the Department to meet requirements that are adequate to assure product quality and therapeutic equivalence, after an opportunity for public comment as provided in Title 10, Subtitle 1 of the State Government Article.

(g) The Department may disqualify a drug or device product or an interchangeable biological product on the United States Food and Drug Administration’s current list from being used in Maryland as a substitute if the Department determines that the drug or device or interchangeable biological product is therapeutically nonequivalent or not interchangeable, respectively, or has a negative physical or biological effect on the consumer of that drug or device product or interchangeable biological product:

(1) After providing an opportunity for public comment as provided in Title 10, Subtitle 1 of the State Government Article; or

(2) Prior to providing an opportunity for public comment, if the Department believes that a particular generic drug or device product or interchangeable biological product constitutes an imminent danger to the public health, safety or welfare, and the Department:

(i) Provides an opportunity for public comment as provided in Title 10, Subtitle 1 of the State Government Article within 30 days of disqualifying the drug or device product or interchangeable biological product; and

(ii) After providing an opportunity for public comment, determines whether the drug or device product or interchangeable biological product should remain disqualified.

(h) For a drug or device product or an interchangeable biological product that the Department has disqualified from being used in Maryland as a substitute under subsection (g) of this section, the Department shall provide an opportunity for public comment as provided in Title 10, Subtitle 1 of the State Government Article before reinstating the drug or device product or interchangeable biological product for use in Maryland as a substitute.

(i) A pharmacist who substitutes a drug or device product or an interchangeable biological product in compliance with this section incurs no greater liability in filling the prescription by dispensing the equivalent drug or device product or interchangeable biological product than would be incurred in filling the prescription by dispensing the originally prescribed drug or device.
Md. Code, Commercial Law § 12-1018 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1018
§12–1018.
Status: in_force

(a) (1) In this subsection, “notice” means the first to occur of the following:

(i) When the credit grantor receives a written notice from the borrower notifying the credit grantor of an error or violation;

(ii) When the credit grantor receives a written notice from the Commissioner of Financial Regulation or the appropriate regulatory authority notifying the credit grantor of an error or violation; or

(iii) When the credit grantor receives service of process in a civil action for an error or violation instituted by the borrower in a court of competent jurisdiction.

(2) Except for a bona fide error of computation, if a credit grantor violates any provision of this subtitle the credit grantor may collect only the principal amount of the loan and may not collect any interest, costs, fees, or other charges with respect to the loan.

(3) The penalty provided under paragraph (2) of this subsection does not apply where a credit grantor:

(i) Unintentionally and in good faith fails to comply with § 12-1003, § 12-1004, § 12-1005, § 12-1008, § 12-1011, § 12-1013.2, § 12-1023(d), § 12-1024, § 12-1025, § 12-1026, § 12-1027, or § 12-1028 of this subtitle; and

(ii) Corrects the error or violation and makes the borrower whole for all losses, including reasonable attorney’s fees and interests, where appropriate, within 10 days after the credit grantor receives notice of the error or violation.

(4) The burden shall be on the credit grantor to show that the credit grantor’s failure to comply with § 12-1003, § 12-1004, § 12-1005, § 12-1008, § 12-1011, § 12-1013.2, § 12-1023(d), § 12-1024, § 12-1025, § 12-1026, § 12-1027, or § 12-1028 of this subtitle was unintentional and in good faith.

(b) In addition, a credit grantor who knowingly violates any provision of this subtitle shall forfeit to the borrower 3 times the amount of interest, fees, and charges collected in excess of that authorized by this subtitle.
Md. Code, Economic Development § 12-113 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-113
§12–113.
Status: in_force

(a) (1) A bond and the interest on a bond are limited obligations of the public body.

(2) Except for bond anticipation notes and notes in the nature of commercial paper, the principal of, premium, and interest on a bond are payable solely from:

(i) money from the financing of a facility; or

(ii) other money made available to the public body.

(3) Bonds and the interest on them:

(i) are not debts or charges against the general credit or taxing powers of a public body within the meaning of any constitutional or charter provision or statutory limitation; and

(ii) may not give rise to any pecuniary liability of an issuing public body.

(4) A bond may state on its face that the bond:

(i) is issued under this subtitle; and

(ii) is not a debt to which the public body’s faith and credit is pledged.

(b) On default in the payment of the principal of or interest on a bond, a court with jurisdiction:

(1) may appoint a receiver or take other appropriate action to provide for the payment of the bond; and

(2) shall apply any available revenue as this subtitle or a resolution adopted under this subtitle provides.
Md. Code, Courts and Judicial Proceedings § 12-203 — MD Code / Article gcj / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: in_force

If the Supreme Court of Maryland finds that review of the case described in § 12–201 of this subtitle is desirable and in the public interest, the Supreme Court of Maryland shall require by writ of certiorari that the case be certified to it for review and determination. The writ may issue before or after the Appellate Court of Maryland has rendered a decision. The Supreme Court of Maryland may by rule provide for the number of its judges who must concur to grant the writ of certiorari in any case, but that number may not exceed three. Reasons for the denial of the writ shall be in writing.
Md. Code, Business Regulation § 12-201 — MD Code / Article gbr / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

(a) Except as otherwise provided in this title, an individual shall have a license before the individual does business as a dealer in the State.

(b) Except those pawnbrokers who are exempt from State licensing under § 12-102(c) of this title, all pawnbrokers must be licensed as dealers.
Md. Code, State Government § 12-313 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-313
§12–313.
Status: in_force

The Attorney General may not represent or appoint or provide counsel to represent a State officer or State employee:

(1) in any investigation of the officer or employee by a criminal law enforcement agency; or

(2) in any criminal action against the officer or employee in a court of the State or the United States.
Md. Code, Public Safety § 12-305 — MD Code / Article gps / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: reserved

(a) The Department:

(1) shall adopt regulations that set standards to which industrialized buildings shall comply to protect against the hazards of industrialized buildings to safety, health, and property;

(2) may adopt regulations that govern the enforcement, inspection, and certification programs authorized by this subtitle; and

(3) with respect to industrialized buildings, shall adopt the Maryland Building Performance Standards with exceptions or modifications that, after adequate public notice and public hearing, the Department considers appropriate to meet the needs and judgments of the State.

(b) (1) If practical, the regulations that set standards for industrialized buildings shall be stated in terms of required levels of performance to facilitate the prompt approval of acceptable new building materials and methods.

(2) If generally recognized standards of performance are not available, the regulations shall provide for acceptance of materials and methods whose performance has been determined by the Department, on the basis of reliable test and evaluation data presented by the proponent, to be substantially equal in safety to the materials and methods specified when used for the purpose and in the manner recommended.

(c) (1) The Department shall have printed and keep in pamphlet form the regulations that set standards for industrialized buildings.

(2) The pamphlets shall be provided at cost to the public on request.

(d) The Department may adopt regulations that relate to issues of construction or safety of manufactured homes for which a federal standard has not been established and which are not reserved to a local government under § 12-303 of this subtitle.
Md. Code, Public Safety § 12-1104 — MD Code / Article gps / Title 12 / Subtitle 11 / Section 12-1104
§12–1104.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, there must be a carbon monoxide alarm installed in a central location outside of each sleeping area within a dwelling subject to this subtitle.

(b) For a hotel or a lodging or rooming house, on or after April 1, 2017, there must be a carbon monoxide alarm installed within the dwelling, as follows:

(1) on the wall inside each guest room that:

(i) contains a device that emits carbon monoxide;

(ii) is adjacent to a room or area that contains a device that emits carbon monoxide;

(iii) is adjacent to an enclosed unventilated attached garage; or

(iv) is connected by ductwork to an enclosed unventilated attached garage or room or area that contains a device that emits carbon monoxide; and

(2) on a wall in each room or area that:

(i) contains a device that emits carbon monoxide;

(ii) is adjacent to a room or area that contains a device that emits carbon monoxide; or

(iii) is adjacent to an enclosed unventilated attached garage.

(c) For a rental dwelling unit, on or after April 1, 2018, there must be a carbon monoxide alarm installed within the dwelling as follows:

(1) outside and in the immediate vicinity of each separate sleeping area; and

(2) on every level of the unit, including the basement.

(d) Notwithstanding subsections (a), (b), and (c) of this section, if there is a centralized alarm system that is capable of emitting a distinct and audible sound to warn all occupants, the owner of a dwelling may install a carbon monoxide alarm within 25 feet of any carbon monoxide–producing fixture and equipment.
Md. Code, Local Government § 12-520 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-520
§12–520.
Status: in_force

(a) (1) Except as provided in subsections (b) and (c) of this section, a road opened under this subtitle shall be at least 30 feet wide.

(2) A road opened under this subtitle is a public road.

(b) If the County Commissioners of Somerset County determine that the difficulty or cost of building a road to the width of 30 feet is excessive, the county may build portions of roads that are less than 30 feet wide in:

(1) the Smith’s Island district; and

(2) the Fairmount district on the road leading from the main county highway to the village of Rumbley.

(c) (1) The governing body of Anne Arundel County may take over and maintain as a public road any alley or road in the county that is at least 20 feet wide if the road or alley was open or dedicated for use as a road or alley before June 1, 1943.

(2) (i) Subject to subparagraph (ii) of this paragraph, the governing body may take over and maintain as a public road any alley in the county that is at least 10 feet wide and is in a subdivision platted before July 1, 1953.

(ii) If an alley described in subparagraph (i) of this paragraph does not satisfy the standards and requirements of the State Highway Administration for the purpose of receiving a share of highway user revenues, the expense of taking over and maintaining the alley shall be paid by a special tax imposed on the property owners in the affected subdivision.
Md. Code, Health Occupations § 12-314 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-314
§12–314.
Status: in_force

(a) If after a hearing under § 12-315 of this subtitle the Board finds that there are grounds under § 12-313 of this subtitle to reprimand any licensee, place any licensee on probation, or suspend or revoke a license, the Board may impose a penalty not exceeding $10,000:

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

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

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

(c) The Board shall pay any penalty collected under this section into the General Fund of this State.
Md. Code, Financial Institutions § 12-1012 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1012
§12–1012.
Status: in_force

(a) A debt settlement services agreement shall:

(1) Be signed and dated by the registrant and the consumer; and

(2) Include, in at least 12 point type:

(i) The name, address, and telephone number of the consumer;

(ii) The name, address, and telephone number of the registrant;

(iii) A description of the debt settlement services to be provided to the consumer;

(iv) 1. Any debt settlement services fees to be charged to the consumer; and

2. A statement that the registrant may not:

A. Charge the consumer a fee for consultation or for obtaining a consumer’s credit report; or

B. Require a voluntary contribution from the consumer for any service provided by the registrant;

(v) The identity of each individual creditor or debt collector whose debts are included in the debt settlement services agreement and the principal amount of the debt owed to each individual creditor or debt collector;

(vi) The principal amount of the total debt included in the debt settlement services agreement;

(vii) A good faith estimate of the amount of time necessary to achieve the represented results;

(viii) To the extent that the debt settlement services may include a debt settlement offer to any of the consumer’s creditors or debt collectors, a good faith estimate of:

1. The time by which the registrant will make a bona fide debt settlement offer to each of them; and

2. The amount of money or percentage of each debt that the consumer must accumulate before the registrant will make a bona fide debt settlement offer to each of them;

(ix) A statement that:

1. The consumer may withdraw from the debt settlement services agreement at any time; and

2. If a consumer withdraws from the debt settlement services agreement, the registrant:

A. May not charge a penalty; and

B. May collect debt settlement services fees earned by the registrant;

(x) For a debt settlement services agreement for student education loan debt relief, a statement in substantially the following form:

“(Name of company) is a private company, and is not affiliated with the United States Department of Education or any other academic entity or governmental agency. (Name of company) is not a lender, guarantor, or servicer of federal student loans. You can apply for consolidation and other repayment plans without paid assistance through the United States Department of Education. More information is available on the Department’s website or through your federal student loan servicer. You can find out who your servicer is through the United States Department of Education.”;

(xi) If the registrant requests or requires the consumer to deposit funds in a dedicated account, a statement that:

1. The consumer owns the funds held in the account, including any accrued interest; and

2. If the consumer requests to withdraw from the debt settlement services agreement, within 7 days after the request, all funds in the account, including accrued interest, less any debt settlement services fees earned by the registrant in compliance with § 12–1010 of this subtitle, must be paid to the consumer; and

(xii) A statement that the consumer may be required to pay taxes on the amount by which the consumer’s debt is reduced.

(b) The disclosures required under subsection (a)(2)(vii) through (xii) of this section shall be provided to the consumer in a clear and conspicuous manner in the debt settlement services agreement.
Md. Code, Alcoholic Beverages and Cannabis § 12-903 — MD Code / Article gab / Title 12 / Subtitle 9 / Section 12-903
§12–903.
Status: reserved

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

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

(c) (1) In this subsection, “46th alcoholic beverages district” means an area that has the same boundaries as the 46th legislative district in the Legislative Districting Plan of 2022.

(2) In addition to meeting all other requirements of this section, a restaurant for which the license is issued in the 46th alcoholic beverages district shall have:

(i) capital investment of at least $500,000 for restaurant facilities, not including the cost of:

1. the land;

2. the building; or

3. improvements other than to the interior of a building on the licensed premises; and

(ii) except as provided in § 12–1604(c) of this title:

1. average daily receipts from the sale of food that are at least 51% of the total daily receipts of the restaurant; and

2. seating for 75 but not more than 150 individuals.

(d) (1) In this subsection, “47th alcoholic beverages district” means an area with the same boundaries as the 47th alcoholic beverages district as that district existed before the Legislative Districting Plan ordered by the Supreme Court of Maryland on June 21, 2002.

(2) Except as provided in paragraph (3) of this subsection, the license issued for use by a restaurant in the 47th alcoholic beverages district may not include an off–sale privilege.

(3) A license issued before July 1, 1991, with on– and off–sale privileges may continue to be renewed or transferred in the 47th alcoholic beverages district with both privileges.

(4) The license may include an off–sale privilege for sales of refillable containers under a refillable container permit issued in accordance with § 12–1102 of this title.

(e) (1) The annual license fee is $2,060.

(2) In addition, the license holder annually shall pay:

(i) $500, if the license holder provides live entertainment; and

(ii) $200, if the license holder provides outdoor table service.

(f) In the 45th legislative district, a Class B beer, wine, and liquor license may be exchanged for a Class B–D–7 beer, wine, and liquor license if:

(1) the licensed premises is in an area bounded by the unit block of West Preston Street, the 1200 block of North Charles Street, the 1200 block of Morton Street, and the unit block of West Biddle Street; and

(2) the applicant executes a memorandum of understanding with the Mount Vernon–Belvedere Improvement Association.
Md. Code, Health Occupations § 12-410 — MD Code / Article gho / Title 12 / Subtitle 4 / Section 12-410
§12–410.
Status: in_force

(a) If after a hearing under § 12-411 of this subtitle the Board finds that there are grounds under § 12-409 of this subtitle to suspend or revoke a permit, the Board may impose a penalty not exceeding $10,000:

(1) Instead of suspending the permit; or

(2) In addition to suspending or revoking the permit.

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

(c) The Board shall pay any penalty collected under this section into the General Fund of this State.
Md. Code, Commercial Law § 12-906 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-906
§12–906.
Status: in_force

(a) If the agreement governing a revolving credit plan permitting the borrower to obtain both loans and purchases so provides, a credit grantor may impose different terms on the indebtedness arising out of purchases than to the indebtedness arising out of loans.

(b) Subsection (a) of this section applies to all terms, including:

(1) The terms governing the periodic percentage rate used to calculate interest or finance charges;

(2) The method of computing the outstanding unpaid indebtedness to which the periodic percentage rate is applied;

(3) The amounts of other charges; and

(4) The applicable repayment schedule.
Md. Code, Local Government § 12-602 — MD Code / Article glg / Title 12 / Subtitle 6 / Section 12-602
§12–602.
Status: in_force

(a) This section applies to all counties, except Baltimore City.

(b) This subtitle does not authorize the governing body of a county to build a bridge across a navigable river.
Md. Code, Commercial Law § 12-124 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-124
§12–124.
Status: in_force

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

(ii) “Flood insurance coverage” means flood insurance against losses caused by flooding that are covered under a policy issued by:

1. The federal government; or

2. An insurer.

(iii) “Improvements” means buildings or structures erected upon or affixed to real property that enhance the value of the real property.

(iv) “Property insurance coverage” means property insurance against losses caused by perils that commonly are covered in insurance policies described with terms similar to “standard fire” or “standard fire with extended coverage”.

(v) 1. “Replacement cost” means the amount needed to repair damage to or rebuild improvements on real property to restore the improvements to their pre-loss condition.

2. “Replacement cost” does not include the value of land.

(2) A lender may not require a borrower, as a condition to receiving or maintaining a loan secured by a first mortgage or first deed of trust, to provide or purchase property insurance coverage against risks to any improvements on any real property in an amount exceeding the replacement cost of the improvements on the real property.

(3) A lender may not require a borrower, as a condition to receiving or maintaining a loan secured by a first mortgage or first deed of trust, to provide or purchase flood insurance coverage in an amount exceeding the replacement cost of the improvements on the real property.

(4) In determining the replacement cost of the improvements on any real property, the lender may:

(i) Accept the value placed on the improvements by the insurer; or

(ii) Use the value placed on the improvements by the lender’s appraisal of the improvements.

(5) A lender may not require that the insurance be purchased through a particular insurance producer or insurance company.

(b) (1) A violation of this section shall entitle the borrower to:

(i) Seek an injunction to prohibit the lender who has engaged or is engaging in the violation from continuing or engaging in the violation;

(ii) Reasonable attorney’s fees; and

(iii) Damages directly resulting from the violation.

(2) A violation of this section does not affect the validity of the first mortgage or first deed of trust securing the loan.
Md. Code, Alcoholic Beverages and Cannabis § 12-905 — MD Code / Article gab / Title 12 / Subtitle 9 / Section 12-905
§12–905.
Status: in_force

(a) There is a Class B–D–7 beer, wine, and liquor license.

(b) (1) The Board may issue a Class B–D–7 license if the Board determines that the license is reasonably necessary for the convenience of the public.

(2) In making the determination, the Board shall consider the number of beer, wine, and liquor outlets in a given area and the number of days the outlets are open, rather than the nature of the outlets.

(c) (1) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license, for on– and off–premises consumption.

(2) The holder of a license exchanged in accordance with § 12–903 of this subtitle is authorized to provide outdoor table service.

(d) A license holder may sell beer, wine, and liquor during the hours and days set out under § 12–2004(c) of this title.

(e) The Board shall adopt regulations to determine the manner of operation of a licensed premises.

(f) The annual license fee is $2,336.

(g) (1) The Board may reissue a Class B–D–7 beer, wine, and liquor license as a Class A–2 beer, wine, and liquor (package goods) license if the licensed premises is:

(i) within the 41st legislative district; and

(ii) equipped with high–definition cameras that provide continuous, 24–hour monitoring inside and outside the licensed premises.

(2) The hours of sale for the 7–day beer, wine, and liquor (package goods) license authorized under this subsection are from 9 a.m. to midnight Monday through Sunday.

(3) A holder of a 7–day beer, wine, and liquor (package goods) license authorized under this subsection that unlawfully sells or provides alcoholic beverages to an individual under the age of 21 years is subject to:

(i) for a first offense, a fine of not less than $1,500 or more than $3,000; and

(ii) for a second or subsequent offense, a license suspension or revocation.
Md. Code, Commercial Law § 12-123 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-123
§12–123.
Status: in_force

(a) In this section, “binder” means a binder or other temporary contract of insurance as provided under § 12-106 of the Insurance Article.

(b) A lender shall comply with this section if the lender:

(1) Makes any loan secured by a first mortgage or a first deed of trust on any interest in owner-occupied residential real property; and

(2) As a condition of making the loan, requires the borrower to purchase property insurance or credit loss insurance.

(c) A lender who makes a loan subject to this section shall accept as evidence of insurance a written binder issued by any authorized insurer or its insurance producer if the binder includes or is accompanied by:

(1) The name and address of the insured borrower;

(2) The name and address of the lender;

(3) A description of the insured residential real property;

(4) A provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least 10 days prior to the cancellation;

(5) Except in the case of the renewal of a policy subsequent to the closing of the loan, a paid receipt for the full amount of the applicable premium; and

(6) The amount of coverage.

(d) This section does not prohibit a lender from refusing to honor a binder in cases where:

(1) The lender receives notice of the cancellation of the binder by the insurer; or

(2) At the expiration of 30 days of the date the binder was given, the insurer has failed to issue the policy of insurance.
Md. Code, State Government § 12-403 — MD Code / Article gsg / Title 12 / Subtitle 4 / Section 12-403
§12–403.
Status: in_force

(a) This subtitle does not affect any immunity or other defense that is available to State personnel or the State.

(b) Payment of a settlement or judgment under this subtitle does not abrogate the sovereign immunity of the State, any of its units, or State personnel.
Md. Code, Local Government § 12-804 — MD Code / Article glg / Title 12 / Subtitle 8 / Section 12-804
§12–804.
Status: in_force

(a) Notwithstanding Title 11, Subtitle 2 of the Land Use Article and any other provision of law, the County Commissioners of St. Mary’s County may provide that:

(1) a violation of an ordinance is punishable as a misdemeanor and enforced in the same manner and to the same extent as a violation under § 6–101 of this article; and

(2) a violation of an ordinance is a civil infraction and shall be prosecuted in the same manner and to the same extent as provided for a municipal infraction under Title 6 of this article.

(b) Every day that a violation continues is a separate civil infraction.

(c) In addition to other remedies provided by this section, the county may bring an action for an injunction against a person who violates an ordinance, a rule, or a regulation to require the correction or elimination of a violation.
Md. Code, Health Occupations § 12-6C-09 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-09
§12–6C–09.
Status: reserved

(a) (1) A wholesale distributor shall receive prescription drug returns or exchanges from a pharmacy or pharmacy warehouse according to the terms and conditions of the agreement between the wholesale distributor and the pharmacy or pharmacy warehouse.

(2) Returns of expired, damaged, recalled, or otherwise nonsaleable prescription drugs shall be distributed by the receiving wholesale distributor only to either the original manufacturer or a third party returns processor.

(3) Returns or exchanges of prescription drugs, saleable or otherwise, including any redistribution by a receiving wholesaler, are not subject to the pedigree requirements of § 12–6C–10 of this subtitle if they are exempt from the pedigree requirement of the U.S. Food and Drug Administration’s currently applicable Prescription Drug Marketing Act guidelines.

(4) Wholesale distributors and pharmacies shall be accountable for:

(i) Administering their returns process; and

(ii) Ensuring that the returns process is secure and does not permit the entry of adulterated and counterfeit product.

(b) A wholesale distributor may supply prescription drugs only to a person authorized by law to dispense or receive prescription drugs.

(c) (1) Except as provided in paragraph (2) of this subsection, a wholesale distributor may deliver prescription drugs only to:

(i) The premises listed on the recipient’s license or permit; or

(ii) An authorized person or an agent of an authorized person at the premises of the wholesale distributor if:

1. The identity and authorization of the person or agent is properly established; and

2. This method of delivery is employed only to meet the immediate needs of a particular patient of the authorized person.

(2) (i) Prescription drugs may be supplied to a hospital pharmacy receiving area if a pharmacist or authorized receiving personnel of the hospital pharmacy signs, at the time of delivery, a receipt showing the type and quantity of the prescription drug received.

(ii) Any discrepancy between the type and quantity of the prescription drug indicated on the receipt and the type and quantity of the prescription drug received:

1. Shall be reported to the delivering wholesale distributor by the next business day after the delivery to the hospital pharmacy receiving area; and

2. May be reported to the Board for investigation.

(d) (1) A wholesale distributor may not accept payment or allow the use of a person’s credit to establish an account for the purchase of prescription drugs from any person other than the owner of record, the chief executive officer, or the chief financial officer listed on the license or permit of a person legally authorized to receive prescription drugs.

(2) Any account established for the purchase of prescription drugs shall bear the name of the license or permit holder.

(e) A wholesale distributor may not operate out of a residence.
Md. Code, Criminal Procedure § 12-503 — MD Code / Article gcp / Title 12 / Subtitle 5 / Section 12-503
§12–503.
Status: in_force

(a) Any part of the proceeds from a sale of property that has been seized under this title that would be paid to an owner of the property under the applicable law relating to distribution of proceeds:

(1) shall be paid to the seizing authority; and

(2) shall be property subject to forfeiture.

(b) If an order of forfeiture is not entered, the State shall return to the owner that part of the proceeds and any costs of the forfeiture proceedings paid from the proceeds of the sale.
Md. Code, Commercial Law § 12-316 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-316
§12–316.
Status: in_force

Any licensee or his officer or employee who knowingly violates any provision of §§ 12–303 through 12–306, § 12–308, § 12–311, or § 12–314 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months or both.
Md. Code, Alcoholic Beverages and Cannabis § 12-1006 — MD Code / Article gab / Title 12 / Subtitle 10 / Section 12-1006
§12–1006.
Status: in_force

(a) There is a Class BWL–MZ license for use at a zoo in Druid Hill Park.

(b) (1) The license authorizes the holder to sell beer, wine, and liquor for consumption only on the land and in the facilities used by the zoo.

(2) On approval by the Board, beer, wine, and liquor may be sold at the zoo in multiple locations.

(c) (1) The license holder may designate an agent to sell beer, wine, and liquor at the zoo.

(2) The agent shall be considered the vendor for collecting and remitting the sales and use tax.

(d) The license holder may sell beer, wine, and liquor on Monday through Sunday, from noon to 11 p.m.

(e) The annual license fee is $778.
Md. Code, Business Occupations and Professions § 12-209 — MD Code / Article gbo / Title 12 / Subtitle 2 / Section 12-209
§12–209.
Status: in_force

(a) (1) The Board may set by regulation reasonable fees for its services.

(2) The fees charged shall be:

(i) set so as to produce funds to approximate the cost of maintaining the Board; and

(ii) based on the calculations performed by the Secretary under § 2–106.10 of the Business Regulation Article.

(b) The Board shall publish a schedule of the fees set by the Board.

(c) (1) The Board shall pay all fees collected under this title to the Comptroller.

(2) The Comptroller shall distribute the fees to the Occupational Mechanical Licensing Boards’ Fund established in § 2–106.9 of the Business Regulation Article.
Md. Code, Courts and Judicial Proceedings § 12-702 — MD Code / Article gcj / Title 12 / Subtitle 7 / Section 12-702
§12–702.
Status: in_force

(a) If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, the lower court shall deduct from the term of the new sentence the time served by the defendant under the previous sentence from the date of his conviction. If the previous sentence was a statutory maximum sentence, the lower court also shall give credit for any period of incarceration prior to the previous sentence, if the incarceration was related to the offense for which the sentence was imposed.

(b) If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, or conduct a new trial, and if there is a conviction following this new trial, the lower court may impose any sentence authorized by law to be imposed as punishment for the offense. However, it may not impose a sentence more severe than the sentence previously imposed for the offense unless:

(1) The reasons for the increased sentence affirmatively appear;

(2) The reasons are based upon additional objective information concerning identifiable conduct on the part of the defendant; and

(3) The factual data upon which the increased sentence is based appears as part of the record.

(c) If a defendant who appeals from a conviction in the District Court is convicted after a trial de novo on appeal, the appellate court may impose a more severe sentence than that imposed in the District Court, but if the case is one in which the defendant was denied a jury trial under § 4-302(e)(2) of this article, the sentence may not be for more than 90 days except under the conditions prescribed in subsection (b) of this section. Except as provided above, the appellate court may impose any sentence authorized by law to be imposed as punishment for the offense.
Md. Code, Economic Development § 12-104 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

It is the policy of the State to allow the exercise of the powers granted by this subtitle even though the activities authorized may displace or limit free economic competition.
Md. Code, Business Regulation § 12-502 — MD Code / Article gbr / Title 12 / Subtitle 5 / Section 12-502
§12–502.
Status: in_force

(a) (1) A person who willfully or knowingly violates this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both.

(2) Each associate, employee, manager, or partner who participates in or consents to a violation of this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

(3) Each violation of this title is a separate offense.

(b) (1) The Secretary may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.

(2) In setting the amount of the penalty, the Secretary shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the violator;

(iv) any history of previous violations by the violator; and

(v) any other relevant factors.

(3) The Secretary shall pay any penalty collected under this subsection into the General Fund of the State.
Md. Code, Health Occupations § 12-306 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

The Board shall issue a license to any applicant who meets the requirements of this title.
Md. Code, Education § 12-114 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-114
§12–114.
Status: in_force

(a) There is a University Textbook Consortium within the University System of Maryland.

(b) The purpose of the University Textbook Consortium is to enable constituent institutions to receive a volume discount on the purchase of textbooks and other educational supplies.

(c) The University System Office or its designee shall coordinate the purchase and distribution of textbooks and other educational supplies to participating institutions.

(d) Participation in the University Textbook Consortium by constituent institutions is voluntary.
Md. Code, Courts and Judicial Proceedings § 12-301.1 — MD Code / Article gcj / Title 12 / Subtitle 3 / Section 12-301.1
§12–301.
Status: in_force

§12–301.1.

(a) (1) This section does not apply to a judgment in an action for damages under § 3–2102 of this article.

(2) Except as provided in subsection (d) of this section and notwithstanding any other law or court rule, in a civil action the amount of the supersedeas bond necessary to obtain a stay of enforcement of a judgment granting any type of relief during the entire course of all appeals or discretionary reviews may not exceed the lesser of $100,000,000 or the amount of the judgment for each appellant, regardless of the amount of the judgment appealed.

(b) (1) In a civil action a party seeking a stay of execution of a judgment of any amount pending review may file a motion to reduce the amount of a supersedeas bond required to obtain the stay.

(2) A court, on a motion under paragraph (1) of this subsection or on its own motion, may reduce the amount of a supersedeas bond or may set other conditions to obtain the stay, with or without a bond, in the interest of justice and for good cause shown.

(c) (1) If an appellant posts a supersedeas bond in accordance with this section for an amount less than would be required under Rule 8–423(b) of the Maryland Rules, the appellee may engage in discovery for the limited purpose of determining whether the appellant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.

(2) The circuit court shall retain jurisdiction over the action for the limited purpose of ruling on any motions relating to discovery under paragraph (1) of this subsection to determine whether the defendant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.

(d) If a court determines that an appellant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so, the court may:

(1) Enter orders necessary to protect the appellee;

(2) Require the appellant to post a supersedeas bond in an amount not exceeding the amount that would be required under Rule 8–423(b) of the Maryland Rules; and

(3) Impose other remedies and sanctions that the court considers appropriate.
Md. Code, Insurance § 12-209 — MD Code / Article gin / Title 12 / Subtitle 2 / Section 12-209
§12–209.
Status: in_force

A life insurance or health insurance policy or annuity contract may not be delivered or issued for delivery in the State if the policy or contract:

(1) states that the policy or contract is to be construed according to the laws of another state or country;

(2) states that the rights and obligations of the insured or of a person with a claim under the policy or contract are to be governed by laws other than the laws of this State;

(3) provides a period shorter than 3 years within which an action may be brought on the policy or contract;

(4) deprives the courts of the State of the jurisdiction of any action against the insurer;

(5) provides that the insurance producer who solicits the insurance or annuity is the agent of the insured; or

(6) makes the acts or representations of the insurance producer who solicits the insurance or annuity binding on the insured.
Md. Code, Criminal Law § 12-204 — MD Code / Article gcr / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) A person may not:

(1) keep a house, office, or other place for the purpose of selling or bartering a lottery device in violation of § 12-203 of this subtitle; or

(2) allow a house or office that the person owns to be used for the purpose of selling or bartering a lottery device in violation of § 12-203 of this subtitle.

(b) A person who knows that the person’s house or office is being used for the purpose of selling or bartering a lottery device in violation of § 12-203 of this subtitle is deemed to be allowing the house or office to be used for those purposes.

(c) 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 $1,000 or both.
Md. Code, Commercial Law § 12-635 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-635
§12–635.
Status: in_force

(a) A sales finance company shall permit a buyer to prepay in full or in part at any time, without penalty, the outstanding balance payable under a renewal, extension, or refund agreement.

(b) If a buyer prepays the entire outstanding balance, the sales finance company shall pay or credit to him the unearned portion of the charge.
Md. Code, Health Occupations § 12-505.1 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-505.1
§12–505.
Status: in_force

§12–505.1.

(a) The Board shall adopt regulations necessary to ensure that an individual who is blind, visually impaired, or otherwise print disabled has appropriate access to prescription labels, bag tags, and medical guides:

(1) At no additional cost to the individual;

(2) In a format option through which the information is fully accessible to the individual; and

(3) Within a time frame comparable to the time frame within which the information is provided to an individual who is not visually impaired.

(b) In adopting regulations under subsection (a) of this section, the Board shall give visually impaired individuals an opportunity to provide input regarding the content of the regulations.

(c) The regulations adopted under subsection (a) of this section shall:

(1) Follow the guidelines and recommendations in the “Prescription Drug Labels: Actions Needed to Increase Awareness of Best Practices for Accessible Labels for Individuals Who are Blind or Visually Impaired” report that was issued by the U.S. Government Accountability Office in December 2016; and

(2) Include a method for providing notice to customers that accessible prescription labels, bag tags, and medical guides are available, including notice regarding the availability of the prescription labels, bag tags, and medical guides in audio format.
Md. Code, Business Regulation § 12-403 — MD Code / Article gbr / Title 12 / Subtitle 4 / Section 12-403
§12–403.
Status: in_force

(a) If there is probable cause to believe that a violation of this title has occurred, the Secretary shall have the authority to issue subpoenas for records, reports, or articles in connection with any investigation or administrative proceeding under this title.

(b) If a licensee or a licensee’s employee fails to comply with a subpoena issued under this section, on petition of the Secretary, a circuit court may compel compliance with the subpoena.
Md. Code, Commercial Law § 12-316.1 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-316.1
§12–316.
Status: reserved

§12–316.1.

(a) A licensee or a person exempt from licensing under this subtitle is not subject to a penalty involving the forfeiture of interest or principal for a violation that arises because the licensee or person exempt from licensing in good faith:

(1) Performed or omitted to perform an act in conformity with or in reliance upon:

(i) A written opinion of the Attorney General of Maryland or a regulation adopted by the Commissioner;

(ii) A written opinion by the Commissioner given on request of the licensee or person exempt from licensing; or

(iii) An interpretation by the Commissioner in a written notice or examination report; or

(2) Used a form or procedure that has been approved in writing by the Commissioner and the Attorney General.

(b) The provisions of subsection (a) of this section do not apply to an act or omission to act that occurs after:

(1) The opinion, regulation, or interpretation relied on is amended, repealed, or determined to be invalid for any reason by any judicial or other authority; or

(2) Approval for a form or procedure is amended, rescinded, or determined to be invalid for any reason by any judicial or other authority.

(c) This section may not be construed to:

(1) Limit the imposition of any civil or criminal penalty for a knowing or willful violation of this subtitle; or

(2) Limit the power of the Commissioner or the courts to order a refund to a borrower of moneys collected in violation of this subtitle.
Md. Code, Public Safety § 12-833 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-833
§12–833.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, unless a license is renewed for a 2-year term as provided in this section, the license expires on the second anniversary of its effective date.

(2) The Secretary may determine that licenses issued under Part III of this subtitle shall expire on a staggered basis.

(b) (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current license expires; and

2. the amount of the renewal fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(c) Before the license expires, the licensee periodically may renew the license for an additional 2-year term if the licensee:

(1) otherwise is entitled to be licensed;

(2) pays the renewal fee to the Board; and

(3) submits to the Board a renewal application on the form that the Board provides.

(d) The Board shall adopt regulations to:

(1) require a demonstration of continuing professional competency for a licensee as a condition of renewal of a license under this section;

(2) establish criteria for continuing education providers;

(3) provide for a temporary waiver of continuing education under specified circumstances; and

(4) set record keeping criteria for approved continuing education providers.

(e) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
Md. Code, Economic Development § 12-906 — MD Code / Article gec / Title 12 / Subtitle 9 / Section 12-906
§12–906.
Status: in_force

(a) The Authority shall support the development and approval of a comprehensive neighborhood revitalization plan in the target area to benefit:

(1) the residents;

(2) housing;

(3) neighborhoods;

(4) economic development; and

(5) transportation, including motor vehicles and pedestrians.

(b) On or before October 31, 2025, the Authority shall report its comprehensive neighborhood revitalization strategy to the Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate Budget and Taxation Committee and the House Appropriations Committee.
Md. Code, Corporations and Associations § 12-611 — MD Code / Article gca / Title 12 / Subtitle 6 / Section 12-611
§12–611.
Status: in_force

(a) In the event that a statutory trust does not have perpetual existence, a statutory trust shall be dissolved and its affairs wound up as provided in its governing instrument.

(b) On dissolution of a statutory trust and until the filing of a certificate of cancellation as provided in § 12–204(d) of this title, the trustees or other persons who are responsible for winding up the affairs of the statutory trust:

(1) Shall collect and distribute the assets of the statutory trust, applying them to the payment, satisfaction, and discharge of existing debts and obligations of the statutory trust, including reasonable expenses of liquidation, and distribute the remaining assets among the beneficial owners; and

(2) May carry out the contracts of the statutory trust, sell all or any part of the assets of the statutory trust at public or private sale, sue or be sued in the name of the statutory trust, and do all other acts consistent with law and the governing instrument of the statutory trust necessary or proper to liquidate the statutory trust and wind up its affairs.

(c) Any person, including any trustee, who is responsible for winding up the affairs of a statutory trust and who has complied with subsection (b) of this section is not personally liable to any claimant of the dissolved statutory trust by reason of the person’s actions in winding up the statutory trust.

(d) (1) Except as provided in the governing instrument of a statutory trust:

(i) A series or class established in accordance with § 12–207(b) of this title may be dissolved and its affairs wound up without causing the dissolution of the statutory trust or any other series or class of the statutory trust;

(ii) The dissolution, winding up, liquidation, or termination of the statutory trust or any series or class of the statutory trust shall not affect the limitation of liability provided by § 12–501(d) of this title with respect to a series or class established in accordance with § 12–207(b) of this title; and

(iii) The death, incapacity, dissolution, termination, or bankruptcy of a beneficial owner of a series or class described in item (ii) of this paragraph shall not result in the termination or dissolution of the series or class, and the series or class may not be terminated or revoked by a beneficial owner of the series or class or other person except in accordance with the terms of the governing instrument.

(2) A series or class established in accordance with § 12–207(b) of this title shall be dissolved and its affairs wound up as provided in the governing instrument.

(3) On dissolution of a series or class of a statutory trust, the persons who are responsible for winding up the affairs of the series or class, in the name of the statutory trust and for and on behalf of the statutory trust and the series or class:

(i) Shall provide for the claims and obligations of the series or class and distribute the assets of the series or class as provided under subsection (b)(1) of this section; and

(ii) May take all actions with respect to the series or class set forth in subsection (b)(2) of this section.

(4) Any person, including any trustee, who is responsible for winding up the affairs of a series or class who has complied with paragraph (3) of this subsection may not be personally liable to the claimants of the dissolved series or class by reason of the person’s actions in winding up the series or class.
Md. Code, Commercial Law § 12-1208 — MD Code / Article gcl / Title 12 / Subtitle 12 / Section 12-1208
§12–1208.
Status: in_force

(a) Except as otherwise provided in this section:

(1) A lender or arranger of financing for a reverse mortgage loan insured under 12 U.S.C. § 1715z–20 that violates this subtitle is subject to the penalties provided in 12 U.S.C. § 1715z–20, and in any regulations and guidance adopted under 12 U.S.C. § 1715z–20; and

(2) A lender or arranger of financing for a reverse mortgage loan not insured under 12 U.S.C. § 1715z–20 that violates this subtitle:

(i) Engages in an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(ii) Is subject to the enforcement and penalty provisions contained in Title 13 of this article, except § 13–411.

(b) A violation of this subtitle does not constitute a violation of any other subtitle of this title.
Md. Code, Environment § 12-501 — MD Code / Article gen / Title 12 / Subtitle 5 / Section 12-501
§12–501.
Status: in_force

(a) A person or municipal or private corporation may not operate a waterworks, wastewater works, or industrial wastewater works unless the facility is under the responsible charge of a certified superintendent or certified operator as provided under § 12–402 of this title.

(b) After July 1, 1982, a person or municipal or private corporation may not operate a waterworks or wastewater works unless all operators in the waterworks or wastewater works are certified operators.

(c) After July 1, 1982, a person or municipal or private corporation may not operate an industrial wastewater works unless all industrial operators in the industrial wastewater works are certified industrial operators.

(d) The Department shall enforce this section.
Md. Code, Health Occupations § 12-6D-03 — MD Code / Article gho / Title 12 / Subtitle 6D / Section 12-6D-03
§12–6D–03.
Status: in_force

(a) To qualify for registration an applicant shall be an individual who:

(1) Is currently enrolled and has completed 1 year of professional pharmacy education in a doctor of pharmacy program accredited by the ACPE;

(2) Is currently enrolled and has completed 1 year of professional pharmacy education in a doctor of pharmacy program under accreditation review by the ACPE;

(3) Has graduated from a doctor of pharmacy program accredited by the ACPE and has applied for licensure with the Board; or

(4) Is a graduate of a foreign school of pharmacy who:

(i) Has established educational equivalency as determined by the Board; and

(ii) Has passed an examination of oral English approved by the Board.

(b) An applicant shall submit a request for a State criminal history records check in accordance with § 12–6D–04 of this subtitle.

(c) The Board may not approve an application until the State criminal history records check is completed.

(d) The applicant shall be of good moral character.
Md. Code, Health Occupations § 12-506 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-506
§12–506.
Status: in_force

(a) A pharmacist may refill a prescription for a drug or device for which the refill has not been authorized if:

(1) The pharmacist:

(i) Attempts to obtain an authorization from the authorized prescriber; and

(ii) Is not able readily to obtain the authorization;

(2) The refill of the prescription is not for a controlled dangerous substance;

(3) The drug or device is essential to the maintenance of life;

(4) (i) The drug or device is essential to the continuation of therapy in chronic conditions; and

(ii) In the pharmacist’s professional judgment, the interruption of the therapy reasonably might produce an undesirable health consequence, be detrimental to the patient’s welfare, or cause physical or mental discomfort;

(5) The pharmacist:

(i) Enters on the back of the prescription or on another appropriate uniformly maintained, readily retrievable record, such as a medication record, the date and the quantity of the drug or device dispensed; and

(ii) Signs or initials the record; and

(6) The pharmacist notifies the authorized prescriber of the refill of the prescription within 72 hours of dispensing the drug or device.

(b) If a pharmacist refills a prescription under subsection (a) of this section, the pharmacist may provide only 1 refill of the prescription and the refill quantity dispensed shall be in conformity with the prescriber’s directions for use and may not exceed a 14-day supply or unit of use.

(c) If the federal or a state government declares a state of emergency, a pharmacist working in Maryland may refill a prescription for a drug for which the refill has not been authorized if:

(1) As a result of the emergency, the pharmacist is unable to obtain an authorization from the authorized prescriber;

(2) The refill of the prescription is not for a controlled dangerous substance;

(3) The quantity dispensed does not exceed a 30–day supply or unit of use; and

(4) The pharmacist notifies the authorized prescriber of the refill of the prescription within 7 days of dispensing the drug.
Md. Code, Business Occupations and Professions § 12-208 — MD Code / Article gbo / Title 12 / Subtitle 2 / Section 12-208
§12–208.
Status: in_force

(a) The Board may conduct investigations into and, subject to the State budget, may employ an investigative staff to investigate any complaint that alleges facts that constitute:

(1) a ground for disciplinary action under § 12-312 of this title; or

(2) a violation of this title.

(b) (1) On receipt of the results of an investigation made under this section, the Board promptly shall take the action that is appropriate under this title to ensure compliance with this title.

(2) If a complaint is made to the Board from a county, municipal corporation, or unit of the State government, the Board reasonably and promptly shall give the county, municipal corporation, or unit notice of the action taken.

(c) (1) If the Board concludes that conduct alleged to be a violation of this title may result in irreparable harm to any person, the Board may sue to enforce any provision of this title by ex parte, interlocutory, or final injunction.

(2) In seeking an injunction under this subsection, the Board need not:

(i) post bond, if the injunction is sought against a person who does not hold a license issued under this title; or

(ii) allege or prove that an adequate remedy at law does not exist.

(3) The Board shall bring suit under this subsection in the circuit court for the county where:

(i) the violation allegedly is occurring;

(ii) the principal place of business of the alleged violator is located; or

(iii) the alleged violator resides.
Md. Code, Real Property § 12-105.1 — MD Code / Article grp / Title 12 / Subtitle 1 / Section 12-105.1
§12–105.
Status: in_force

§12–105.1.

(a) Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.

(b) If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property.
Md. Code, Commercial Law § 12-406 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-406
§12–406.
Status: in_force

(a) Except as permitted by § 12-405(a) of this subtitle, any commission, finder’s fee, or point shall be paid by the lender, and may be paid only to:

(1) A licensed real estate broker;

(2) A lawyer licensed to practice law in the State; or

(3) A licensee.

(b) An agreement to pay a commission, finder’s fee, or point may not be enforced unless it is in writing and signed by the lender.
Md. Code, Economic Development § 12-815 — MD Code / Article gec / Title 12 / Subtitle 8 / Section 12-815
§12–815.
Status: in_force

Notwithstanding any other provision of this subtitle, the Authority shall comply with all applicable zoning and planning requirements.
Md. Code, Commercial Law § 12-705 — MD Code / Article gcl / Title 12 / Subtitle 7 / Section 12-705
§12–705.
Status: in_force

Prohibited discriminatory practices include any:

(1) Refusal to consider both applicants’ income when both parties of a marriage party apply for a joint account;

(2) Refusal to consider alimony or child support awarded by a court and received by the applicant as a valid source of income, where that source can be verified as to its amount, length of time received, and regularity of receipt;

(3) Refusal to extend credit to any person solely because of marital status or change in marital status;

(4) Refusal to issue separate accounts to married persons where each would be credit worthy if unmarried;

(5) Request for or consideration of the credit rating of an applicant’s spouse where the applicant is otherwise credit worthy and is not applying for a joint account unless the applicant lists credit references in the name of spouse or former spouse or has no individual prior credit history or the creditor permits the applicant to designate the applicant’s spouse as an authorized purchaser on the account;

(6) Refusal to recognize the legal name of any married person; and

(7) Requests for or consideration of information about birth control practices in evaluating any credit application.
Md. Code, Business Occupations and Professions § 12-502 — MD Code / Article gbo / Title 12 / Subtitle 5 / Section 12-502
§12–502.
Status: in_force

(a) Regardless of whether plumbing services are provided for compensation, a person who provides or assists in providing plumbing services shall comply with the State Plumbing Code or any applicable local plumbing code.

(b) To ensure that plumbing services provided in a State building meet or exceed the standards of the State Plumbing Code, the plumbing work shall be inspected:

(1) to the extent money is provided in the State budget, by a State plumbing inspector; or

(2) if not inspected by a State plumbing inspector, by an inspector of the county or local government where the plumbing services are provided.
Md. Code, Business Regulation § 12-213 — MD Code / Article gbr / Title 12 / Subtitle 2 / Section 12-213
§12–213.
Status: in_force

A dealer may not acquire a precious metal object, or take any merchandise in a pawn transaction, from an individual who is a minor.
Md. Code, Insurance § 12-304 — MD Code / Article gin / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) If an insurer issues and delivers a policy to a lender on property of a borrower that has been pledged, mortgaged, or is subject to a conditional contract of sale, the insurer must issue a certificate to the borrower or owner of the property in accordance with subsection (b) of this section.

(b) The certificate issued under this section shall set forth:

(1) the coverages provided in the policy;

(2) the amount of premium charged for the policy;

(3) the date the policy takes effect; and

(4) the date the policy expires.
Md. Code, Commercial Law § 12-303 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

(a) (1) This subtitle applies to a loan of $25,000 or less made for personal, family, or household purposes.

(2) Except as provided in paragraph (3) of this subsection, this subtitle applies regardless of:

(i) Whether the transaction is or purports to be made under this subtitle;

(ii) Whether the transaction is or purports to be an installment loan;

(iii) The duration of the repayment period;

(iv) Whether the transaction is or purports to be nonrecourse or contingent; and

(v) Whether the transaction purports to be the purchase of wages, pensions, governmental benefits, or other similar future payment streams.

(3) This subtitle does not apply to:

(i) A plan or loan for which a written election has been made under Subtitle 1, Subtitle 4, Subtitle 9, or Subtitle 10 of this title;

(ii) A loan made by an individual provided the individual:

1. Does not make more than three loans in a calendar year; and

2. Does not engage in the business of making loans; or

(iii) A loan between an employer and an employee.

(b) A lender may not make a loan subject to this subtitle unless the loan is in an original amount or value which does not exceed $25,000.

(c) (1) The purpose of this subsection is to prevent evasion of the provisions of this subtitle by means of a purchase or assignment of wages.

(2) For the purposes of this subtitle:

(i) The payment of $25,000 or less in money, credit, goods, or things in action as consideration for any sale, assignment, or order for the payment of wages, whether earned or to be earned, is considered a loan of money secured by the sale, assignment, or order for payment of wages; and

(ii) The amount by which the wages exceed the consideration paid for them is considered interest or charges on the loan from the date of the payment to the date the wages are payable.

(3) The transaction described in this subsection is governed by and subject to the provisions of this subtitle.

(d) This subtitle applies but is not limited to a lender who:

(1) As security for a loan, use, or forbearance of money, goods, or things in action or for any loan, use, or sale of credit, whether or not the transaction is or purports to be made under this subtitle, makes a pretended purchase of property from any person and permits the owner or pledgor to retain possession of the property; or

(2) By any device or pretense of charging for his services or otherwise, seeks to obtain any interest, charges, discount, or like consideration.

(e) (1) A lender who lends or contracts to lend an amount which exceeds $25,000 may not directly or indirectly contract for, charge, or receive any interest, fee, or other charge in excess of that which the lender would be permitted to charge if the lender were not authorized to make loans under this subtitle.

(2) The provisions of this subsection apply to any debt in excess of $25,000 which is directly or contingently owed or contracted to be so owed by any person jointly or severally:

(i) Whether as a borrower, an endorser, guarantor, or surety for a borrower, or otherwise; and

(ii) Whether the debt is part of a single transaction or the aggregate of more than one transaction.
Md. Code, Health Occupations § 12-6A-01 — MD Code / Article gho / Title 12 / Subtitle 6A / Section 12-6A-01
§12–6A–01.
Status: in_force

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

(b) “Authorized prescriber” means a licensed physician, licensed podiatrist, or certified advanced practice nurse with prescriptive authority under § 8–508 of this article.

(c) “Group model health maintenance organization” has the meaning stated in § 19–713.6 of the Health – General Article.

(d) “Health maintenance organization” has the meaning stated in § 19–701(g) of the Health – General Article.

(e) (1) “Institutional facility” means a facility other than a nursing home whose primary purpose is to provide a physical environment for patients to obtain inpatient or emergency care.

(2) “Institutional facility” does not include an urgent care facility that is not part of a facility.

(f) “Prescriber–pharmacist agreement” means an agreement between an authorized prescriber and a licensed pharmacist that is disease–state specific and specifies the protocols that may be used.

(g) “Protocol” means a course of treatment predetermined by the authorized prescriber and licensed pharmacist according to generally accepted medical practice for the proper completion of a particular therapeutic or diagnostic intervention.

(h) “Therapy management contract” means a voluntary arrangement that is:

(1) Disease–state specific;

(2) Agreed on by:

(i) One licensed pharmacist and the licensed pharmacist’s designated alternate licensed pharmacists;

(ii) One authorized prescriber and alternate designated authorized prescribers involved directly in patient care; and

(iii) One patient receiving care from an authorized prescriber and a licensed pharmacist pursuant to a prescriber–pharmacist agreement and protocol under this subtitle; and

(3) Related to treatment using drug therapy, laboratory tests, or medical devices, under defined conditions or limitations for the purpose of improving patient outcomes.
Md. Code, Public Safety § 12-809 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-809
§12–809.
Status: in_force

(a) A State inspector shall make the following inspections:

(1) final acceptance inspection of all new elevator units prior to issuance of first certificate;

(2) investigation of accidents and complaints;

(3) follow–up inspections to confirm corrective action;

(4) final acceptance inspection of the modernization or alteration of an elevator unit;

(5) for privately owned buildings and until October 1, 2019, for publicly owned buildings, when the inspection shall be performed by a third–party qualified elevator inspector, a comprehensive 5–year inspection as defined by regulation;

(6) except as provided by § 12–807(b) of this subtitle, inspections of elevator units owned by the State or a political subdivision; and

(7) quality control monitoring of inspections conducted by third–party qualified elevator inspectors.

(b) (1) A contractor, owner, or lessee shall provide the Commissioner with at least 60 days’ notice of a requested inspection.

(2) If a contractor, owner, or lessee provides the Commissioner with less than 60 days’ notice of a requested inspection that will be conducted by a State inspector, the Commissioner shall schedule the inspection at the convenience of the State subject to the availability of State resources.

(c) (1) For all inspections conducted by a State inspector, the contractor, owner, or lessee of an elevator unit shall pay a fee for an inspection under § 12–810 of this subtitle at the following rate:

(i) half day (up to 4 hours), not to exceed $250; or

(ii) full day (up to 8 hours), not to exceed $500.

(2) Each fee collected under this subsection shall be paid into the Elevator Safety Review Board Fund established under this subtitle.

(3) A contractor, owner, or lessee who notifies the Commissioner at least 24 hours in advance of a scheduled inspection that the elevator unit does not comply with the requirements of Part II of this subtitle may not be charged a fee under paragraph (1) of this subsection.

(d) (1) An owner shall hire a third–party qualified elevator inspector to conduct all periodic inspections that are required by the Safety Code.

(2) An inspection by a third–party qualified elevator inspector shall ensure that the elevator unit complies with the Safety Code and other regulations adopted by the Commissioner under Part II of this subtitle.

(3) The Commissioner shall establish qualifications, insurance requirements, and procedures based on nationally accepted standards that the Commissioner considers necessary to register third–party qualified elevator inspectors under Part II of this subtitle.

(4) Any fees collected by the Commissioner to register third–party qualified elevator inspectors shall be paid into the Elevator Safety Review Board Fund established under this subtitle.
Md. Code, Labor and Employment § 12-101 — MD Code / Article gle / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

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

(b) “Board” means the Maryland Small Business Retirement Savings Board.

(c) (1) “Covered employee” means an individual who is employed by a covered employer.

(2) “Covered employee” does not include:

(i) an employee covered under the federal Railway Labor Act (45 U.S.C. Sec. 151) or an employee engaged in interstate commerce so as not to be subject to the legislative powers of the State, except insofar as application of this title is authorized under the United States Constitution or laws of the United States;

(ii) an employee eligible to participate in a qualifying retirement plan;

(iii) an employee covered by a valid collective bargaining agreement that expressly provides for a multi–employer retirement plan described in 26 U.S.C. § 414(f); or

(iv) an employee who is under the age of 18 years before the beginning of the calendar year.

(d) (1) “Covered employer” means a person engaged in a business, an industry, a profession, a trade, or any other enterprise in the State, whether for profit or not for profit, that pays the covered employer’s employees through a payroll system or service.

(2) “Covered employer” does not include:

(i) the federal government;

(ii) the State or any unit of the State;

(iii) a county or any unit of the county;

(iv) a municipal corporation or any unit of the municipal corporation;

(v) an employer that currently offers an employer–offered savings arrangement that was established separately from the requirements of this title;

(vi) an employer that, at any time during the preceding 2 calendar years, offered an employer–offered savings arrangement that was established separately from the requirements of this title; or

(vii) an employer that has not been in business at all times during the current calendar year and the preceding calendar year.

(e) “Employer–offered savings arrangement” includes any of the following:

(1) an IRA;

(2) a defined benefit plan;

(3) a 401(k);

(4) a Simplified Employee Pension (SEP) plan;

(5) a Savings Incentive Match Plan for Employees (SIMPLE) plan; or

(6) another arrangement, if in compliance with federal law, that the Board specifies by regulation.

(f) “IRA” means an individual retirement account or an individual retirement annuity under 26 U.S.C. § 408(a) or (b).

(g) “Maryland Small Business Retirement Savings Program” means a retirement savings program established by the Maryland Small Business Retirement Savings Board under this title.

(h) “Participating employee” means an employee that is participating in the Program through a payroll deposit retirement savings arrangement in accordance with regulations adopted by the Board.

(i) “Participating employer” means a covered employer that provides a payroll deposit retirement savings arrangement under this title for covered employees.

(j) “Payroll deposit retirement savings arrangement” means an arrangement by which a covered employer remits payroll deduction contributions of participating employees to the Program.

(k) “Program” means the Maryland Small Business Retirement Savings Program established under this title.

(l) “Trust” means the Maryland Small Business Retirement Savings Trust established under this title.
Md. Code, Criminal Procedure § 12-305 — MD Code / Article gcp / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

(a) A complaint seeking forfeiture shall contain:

(1) a description of the property seized;

(2) the date and place of the seizure;

(3) the name of the owner, if known;

(4) the name of the person in possession, if known;

(5) the name of each lienholder, if known or reasonably subject to discovery;

(6) an allegation that the property is subject to forfeiture;

(7) if the forfeiting authority seeks to forfeit a lienholder’s interest in property, an allegation that the lien was created with actual knowledge that the property was being or was to be used in violation of the Controlled Dangerous Substances law;

(8) a statement of the facts and circumstances surrounding the seizure;

(9) a statement setting forth the specific grounds for forfeiture; and

(10) an oath or affirmation by the forfeiting authority that the contents of the complaint are true to the best of the forfeiting authority’s knowledge, information, and belief.

(b) Within 20 days after the filing of the complaint, copies of the summons and complaint shall be sent by certified mail requesting “restricted delivery – show to whom, date, address of delivery” and first–class mail to all known owners and lienholders whose identities are reasonably subject to discovery, including all real property owners and lienholders shown in the records required by law for notice or perfection of the lien.
Md. Code, Alcoholic Beverages and Cannabis § 12-904 — MD Code / Article gab / Title 12 / Subtitle 9 / Section 12-904
§12–904.
Status: in_force

(a) This section does not apply to:

(1) a restaurant not located in a hotel or motel; or

(2) a catering establishment.

(b) There is a Class B–BWL (H–M) license.

(c) The Board may issue the license for use by a hotel or motel that has:

(1) a dining room with facilities for preparing and serving regular meals for at least 125 individuals at one seating;

(2) at least 100 rooms for the accommodation of the public; and

(3) a capital investment of not less than $500,000.

(d) (1) The annual license fee is $10,108.

(2) In addition, the license holder annually shall pay:

(i) $1,000, if the licensed premises has fewer than 100 rooms;

(ii) $500, if the license holder provides live entertainment; and

(iii) $200, if the license holder provides outdoor table service.
Md. Code, Financial Institutions § 12-104 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

The Commissioner may adopt regulations to carry out the provisions of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 12-1104 — MD Code / Article gab / Title 12 / Subtitle 11 / Section 12-1104
§12–1104.
Status: in_force

In the Planned Unit Development for Belvedere Square as approved by the Mayor and City Council of Baltimore City in Ordinance 84–187, alcoholic beverages purchased from a licensed establishment located at 511 through 529 East Belvedere Avenue may be consumed:

(1) within any indoor or outdoor seating area located at 511 through 529 East Belvedere Avenue; and

(2) while crossing from the south side of East Belvedere Avenue to the north side of East Belvedere Avenue during a permitted special event that results in the closure of East Belvedere Avenue.
Md. Code, Corporations and Associations § 12-101.1 — MD Code / Article gca / Title 12 / Subtitle 1 / Section 12-101.1
§12–101.
Status: in_force

§12–101.1.

The use of the designation “business trust” or a statement in a certificate of trust or governing instrument executed on or before May 31, 2010, to the effect that a trust is or will qualify as a Maryland business trust within the meaning of or in accordance with this title may not create a presumption or an inference that the trust is a business trust for purposes of Title 11 of the United States Code.
Md. Code, Commercial Law § 12-908 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-908
§12–908.
Status: in_force

A credit grantor may at any time allow a borrower under a revolving credit plan to defer scheduled payments and charge the borrower a deferral charge agreed to by the credit grantor and the borrower.
Md. Code, Alcoholic Beverages and Cannabis § 12-2101 — MD Code / Article gab / Title 12 / Subtitle 21 / Section 12-2101
§12–2101.
Status: in_force

(a) The following sections of Title 4, Subtitle 6 (“Revocation and Suspension of Local Licenses”) of Division I of this article apply in the City without exception or variation:

(1) § 4–602 (“Power of local licensing board”); and

(2) § 4–604 (“Grounds for revocation or suspension”).

(b) Section 4–605 (“Nudity and sexual displays”) of Division I of this article does not apply in the City and is superseded by § 12–2102 of this subtitle.

(c) The following sections of Title 4, Subtitle 6 (“Revocation and Suspension of Local Licenses”) of Division I of this article apply in the City:

(1) § 4–603 (“Revocation and suspension procedures”), subject to § 12–2105 of this subtitle; and

(2) § 4–606 (“Effects of revocation”), subject to § 12–2104 of this subtitle.
Md. Code, Criminal Procedure § 12-212 — MD Code / Article gcp / Title 12 / Subtitle 2 / Section 12-212
§12–212.
Status: in_force

A seizing authority or prosecuting authority may not directly or indirectly transfer seized property to a federal law enforcement authority or agency unless:

(1) a criminal case related to the seizure is prosecuted in the federal court system under federal law;

(2) the owner of the property consents to the forfeiture;

(3) the property is cash of at least $50,000; or

(4) the seizing authority transfers the property to a federal authority under a federal seizure warrant issued to take custody of assets originally seized under State law.
Md. Code, Economic Development § 12-107 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-107
§12–107.
Status: in_force

(a) The board of directors of an authority shall govern the authority.

(b) Except as otherwise provided in this subtitle or the resolution establishing the authority, the procedures of the incorporating county or municipal corporation control any matter relating to the internal administration of the authority.
Md. Code, Transportation § 12-301.1 — MD Code / Article gtr / Title 12 / Subtitle 3 / Section 12-301.1
§12–301.
Status: in_force

§12–301.1.

(a) In this section, “Division of Correction” means the Division of Correction of the Department of Public Safety and Correctional Services.

(b) The Administration shall issue an identification card under § 12–301 of this subtitle at no cost to an individual who applies for an identification card and presents:

(1) An identification card issued by the Division of Correction that displays:

(i) The individual’s full name;

(ii) A photograph of the individual; and

(iii) A unique identification number assigned to the individual by the Division of Correction; and

(2) The individual’s Social Security card.
Md. Code, Economic Development § 12-609 — MD Code / Article gec / Title 12 / Subtitle 6 / Section 12-609
§12–609.
Status: in_force

(a) At least 21 days before the public hearing, the governing body of the county or a municipal corporation in the county shall publish notice of the public hearing in a newspaper of general circulation within the geographic area of the proposed district.

(b) The owners of nonexempt property who seek to establish a district shall send notice of the public hearing and a summary of the application to each owner and, to the extent reasonably ascertainable, each commercial tenant of nonexempt property within the proposed district at least 90 days before the public hearing or when owners of at least 20% of the total number of parcels of nonexempt property express the intent to establish a district, whichever is earlier.

(c) Before the public hearing, the application shall be made available for review during normal business hours in at least one location in the proposed district.

(d) Within 10 days after the public hearing, if the governing body of the county or a municipal corporation in the county determines, in the sole discretion of the governing body, that the needs of the district meet a purpose of this subtitle, the governing body may authorize the district in accordance with § 12–604 of this subtitle.
Md. Code, State Government § 12-110 — MD Code / Article gsg / Title 12 / Subtitle 1 / Section 12-110
§12–110.
Status: in_force

This subtitle may be cited as the “Maryland Tort Claims Act”.
Md. Code, Public Safety § 12-801 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-801
§12–801.
Status: in_force

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

(b) “Accessibility lift mechanic” means a person who is engaged in erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing commercial stairway chairlifts, vertical platform lifts, or incline platform lifts.

(c) “Accessibility lift mechanic specialist” means a person who is licensed as an accessibility lift mechanic and has been certified by the Board to erect, construct, wire, alter, replace, maintain, repair, dismantle, or service private residential elevators.

(d) “Board” means the Elevator Safety Review Board.

(e) “Certificate” means a certificate of registration and inspection issued by the Commissioner to operate an elevator unit.

(f) “Cliffside elevator” means an elevator located at, on, or adjacent to the side of a cliff or a natural incline that is intended for use by individuals.

(g) “Commissioner” means the Commissioner of Labor and Industry or an authorized representative of the Commissioner of Labor and Industry.

(h) “Direct–acting hydraulic elevator” means an elevator in which the energy is applied by a direct hydraulic driving machine.

(i) “Dumbwaiter” means a hoisting and lowering machine equipped with a car of limited capacity and size that moves in guides in a substantially vertical direction and is used exclusively for carrying material.

(j) “Elevator” means a hoisting and lowering machine equipped with a car or platform that moves in guides in a substantially vertical direction and serves two or more floors of a building or structure.

(k) “Elevator contractor” means a person who is engaged in the business of erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator or accessibility lift units.

(l) “Elevator mechanic” means a person who is engaged in erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator or accessibility lift units.

(m) “Elevator refinisher” means a person who is engaged in the refinishing of existing metal and wood elements in elevator cabs, including the stripping of old lacquer on wood and bronze items, staining wood to match existing finishes, cleaning, polishing, oxidizing, painting, lacquering, and the removing of scratches to maintain existing finishes.

(n) “Elevator renovator contractor” means a person who is engaged in the business of performing work:

(1) on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator’s wall, ceiling, floor, rail, or handle; and

(2) that does not affect the elevator’s moving operation.

(o) “Elevator renovator mechanic” means a person who performs work:

(1) on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator’s wall, ceiling, floor, rail, or handle; and

(2) that does not affect the elevator’s moving operation.

(p) “Elevator unit” includes a cliffside elevator, an elevator, an escalator, a dumbwaiter, and a moving walk.

(q) “Escalator” means a power driven, inclined, continuous stairway used for raising and lowering passengers.

(r) “License” includes:

(1) an accessibility lift mechanic license;

(2) an elevator contractor license;

(3) an elevator mechanic license;

(4) an elevator renovator contractor license; and

(5) an elevator renovator mechanic license.

(s) “Moving walk” means a type of passenger–carrying device on which passengers stand or walk and in which the passenger–carrying surface remains parallel to its direction of motion and is uninterrupted.

(t) “Safety Code” means the American National Standard/American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, known as ANSI A17.1–1971, and all subsequent amendments and revisions to it, as adopted by the Commissioner.

(u) “Secretary” means the Secretary of Labor.

(v) “Third–party qualified elevator inspector” means an inspector who:

(1) meets the qualifications, insurance requirements, and procedures established by the Commissioner; and

(2) is certified by a nationally recognized safety organization accredited by the National Commission for Certifying Agencies or the American National Standards Institute that ensures that:

(i) the certification requires testing and grading consistent with industry recognized criteria and any related consensus standards; and

(ii) any renewal of certification requires continuing education.
Md. Code, Corporations and Associations § 12-306 — MD Code / Article gca / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) Except as provided in the governing instrument of a statutory trust:

(1) Meetings of beneficial owners may be held at any place or by conference telephone or in any other manner by which all persons participating in the meeting may hear each other; and

(2) Participation in a meeting in accordance with item (1) of this subsection shall constitute presence in person at the meeting.

(b) Except as provided in the governing instrument of a statutory trust, on any matter that is to be voted on by the beneficial owners:

(1) The beneficial owners may take action on the matter without a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action taken, is signed by the beneficial owners having not less than the minimum number of votes that would be necessary to authorize or take the action at a meeting at which all interests in the statutory trust entitled to vote on the matter were present and voted; and

(2) A beneficial owner may vote:

(i) In person; or

(ii) By proxy granted in writing, by means of telephonic or electronic transmission, or as otherwise permitted by applicable law.

(c) Except as provided in the governing instrument of a statutory trust, a consent transmitted by electronic transmission by a beneficial owner or by a person authorized to act for a beneficial owner shall be deemed to be written and signed for purposes of this section.

(d) Except as provided in this title or the governing instrument of a statutory trust, any act requiring the approval of the beneficial owners shall be approved by the affirmative vote of a majority of all the votes entitled to be cast on the matter.
Md. Code, Financial Institutions § 12-1207 — MD Code / Article gfi / Title 12 / Subtitle 12 / Section 12-1207
§12–1207.
Status: in_force

A virtual currency kiosk operator shall ensure that the virtual currency kiosk:

(1) Operates solely for the purpose of virtual currency services; and

(2) Does not operate as an automated teller machine as defined under § 1–401 of this article.
Md. Code, Education § 12-112 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-112
§12–112.
Status: in_force

(a) (1) Except as provided in § 11-203(e) of the State Finance and Procurement Article, the University is exempt from Division II of the State Finance and Procurement Article.

(2) (i) Subject to review and approval by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly, the Board of Regents shall develop policies and procedures governing procurements by the University.

(ii) The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of the State procurement law as set forth in § 11-201 of the State Finance and Procurement Article.

(b) The Board of Regents shall develop an information technology plan for the University System of Maryland that includes information technology policies and standards, including policies and standards for information management and telecommunication systems, that are functionally compatible with the State Information Technology Plan established under Title 3, Subtitle 4 of the State Finance and Procurement Article.

(c) By January 1, 2007, the Board of Regents shall develop a nonvisual access clause for use in the procurement of computer-based instructional technology.

(d) The nonvisual access clause developed under subsection (c) of this section shall be consistent with the standards developed by the Department of Budget and Management in accordance with the provisions of § 3-412 of the State Finance and Procurement Article.
Md. Code, Health Occupations § 12-6B-10 — MD Code / Article gho / Title 12 / Subtitle 6B / Section 12-6B-10
§12–6B–10.
Status: in_force

(a) If after a hearing under § 12-315 of this title, the Board finds that there is a ground under § 12-6B-09 of this subtitle to reprimand a registered pharmacy technician, place a pharmacy technician’s registration on probation, or suspend or revoke a pharmacy technician’s registration, the Board may impose a penalty not exceeding $2,500:

(1) Instead of reprimanding the registered pharmacy technician, placing the registered pharmacy technician on probation, or suspending or revoking the pharmacy technician’s registration; or

(2) In addition to reprimanding the registered pharmacy technician, placing the registered pharmacy technician on probation, or suspending or revoking the pharmacy technician’s registration.

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

(c) The Board shall pay any penalty collected under this section into the General Fund of this State.
Md. Code, Financial Institutions § 12-1009 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1009
§12–1009.
Status: in_force

(a) A registration issued under this subtitle expires on December 31 of each year.

(b) On or after November 1 of the year in which a registration expires, the registration may be renewed for an additional 1–year term if the registrant:

(1) Otherwise is entitled to be registered;

(2) Pays to the Commissioner the renewal fee established under § 12–1006 of this subtitle;

(3) Submits to the Commissioner a renewal application on the form that the Commissioner requires; and

(4) Pays to NMLS any fees that NMLS imposes in connection with the renewal of the registration.
Md. Code, Housing and Community Development § 12-606 — MD Code / Article ghs / Title 12 / Subtitle 6 / Section 12-606
§12–606.
Status: in_force

An authority may exercise its powers anywhere in the State as an agent or lessee of the federal government in the development, construction, operation, or management of a project undertaken by the federal government for housing military personnel.
Md. Code, Public Utilities § 12-135 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-135
§12–135.
Status: in_force

(a) (1) A person that performs an excavation or demolition without first providing the notice required under § 12–124(a) of this subtitle is deemed negligent and is subject to a civil penalty assessed by the Authority.

(2) The Authority shall calculate the civil penalty considering:

(i) the severity of the violation;

(ii) the intent and good faith of the violator; and

(iii) the past history of violations.

(3) The civil penalty may not exceed:

(i) $2,000 for the first offense; and

(ii) $4,000 for each subsequent offense.

(4) A person that violates any other provision of Part IV of this subtitle is subject to a civil penalty assessed by the Authority not exceeding:

(i) $2,000 for the first offense; and

(ii) $4,000 for each subsequent offense.

(5) Instead of or in addition to assessing a civil penalty under this subsection, the Authority may:

(i) require that a person:

1. participate in damage prevention training; or

2. implement procedures to mitigate the likelihood of damage to underground facilities; or

(ii) impose other similar measures.

(6) (i) For purposes of paragraphs (3)(ii) and (4)(ii) of this subsection, the Authority may not consider an offense to be a subsequent offense if the offense occurred at least 3 years after the earlier offense unless:

1. the earlier offense is unresolved, regardless of the age of the earlier offense; or

2. the person has not met the conditions of an assessed penalty within the time period prescribed.

(ii) In the case of an unresolved earlier offense or a failure to meet the conditions under subparagraph (i) of this paragraph, the Authority may assess up to double the maximum civil penalty for each violation.

(7) A person that fails to appear before the Authority without cause, after proper notification of a scheduled hearing, may be subject to a $200 fine in addition to any civil penalty assessed by the Authority.

(8) A person that files an emergency ticket that does not meet the definition of emergency under § 12–101 of this subtitle may be subject to the maximum penalties available under this subsection.

(b) (1) This subsection applies if a proceeding has not been initiated before the Authority.

(2) A court of competent jurisdiction may assess a civil penalty of up to 10 times the cost of repairs to the underground facility caused by the damage, dislocation, or disturbance against a person that has committed a subsequent offense under subsection (a)(1) of this section.

(3) An action to recover a civil penalty under this subsection shall be brought by an owner of a damaged, dislocated, or disturbed underground facility or the Attorney General in a court of competent jurisdiction in Baltimore City or the county in which the damage, dislocation, or disturbance occurred.

(4) The party bringing an action under this subsection may recover reasonable attorney’s fees.

(c) The Authority may not assess a civil penalty under subsection (a)(3)(ii) of this section if an action to recover a civil penalty has been brought under subsection (b) of this section.

(d) All civil penalties recovered under this section shall be paid into the Fund.
Md. Code, Financial Institutions § 12-127 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-127
§12–127.
Status: in_force

(a) A person who is injured by a violation of this subtitle may file an action to recover damages or for injunctive relief.

(b) A court may award a prevailing plaintiff under this section:

(1) Up to 3 times the amount of actual damages; and

(2) An amount at least equal to the amount paid by the plaintiff to the defendant, reasonable attorney’s fees, and costs.
Md. Code, Commercial Law § 12-918.1 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-918.1
§12–918.
Status: reserved

§12–918.1.

(a) In this section, “Commissioner” means the Commissioner of Financial Regulation.

(b) Except as provided in subsection (c) of this section, the penalty provided under § 12–918(a)(2) of this subtitle does not apply if a credit grantor:

(1) Performed or omitted to perform an act in conformity with or in reliance on:

(i) A written opinion of the Attorney General of Maryland or a regulation adopted by the Commissioner;

(ii) A written opinion by the Commissioner or Deputy Commissioner; or

(iii) An interpretation by the Commissioner in a written notice or examination report; or

(2) Used a form or procedure that has been approved in writing by the Commissioner and the Attorney General.

(c) The provisions of subsection (b) of this section do not apply to an act or omission to act that occurs after:

(1) The opinion, regulation, or interpretation relied on is amended, repealed, or determined to be invalid for any reason by any judicial or other authority; or

(2) Approval for a form or procedure is amended, rescinded, or determined to be invalid for any reason by any judicial or other authority.

(d) This section may not be construed to:

(1) Limit the imposition of any civil or criminal penalty for a knowing or willful violation of this subtitle; or

(2) Limit the power of the Commissioner or the courts to order a refund to a borrower of moneys collected in violation of this subtitle.
Md. Code, Economic Development § 12-903 — MD Code / Article gec / Title 12 / Subtitle 9 / Section 12-903
§12–903.
Status: in_force

(a) The Authority consists of the following members:

(1) the Secretary, or the Secretary’s designee;

(2) the Secretary of Housing and Community Development, or the Secretary’s designee;

(3) the mayor of the City of Mount Rainier, or the mayor’s designee;

(4) the mayor of the Town of Brentwood, or the mayor’s designee;

(5) the chair of the Cottage City Commission, or the chair’s designee;

(6) the mayor of the City of Bladensburg, or the mayor’s designee;

(7) the mayor of the Town of Colmar Manor, or the mayor’s designee;

(8) the mayor of the Town of North Brentwood, or the mayor’s designee;

(9) the director of the Economic Development Department for the City of Mount Rainier; and

(10) two members who are residents of communities impacted by the target area selected by the majority vote of the leadership of the target area municipalities.

(b) The Authority shall meet at least four times per year.

(c) Staff of the Prince George’s County Redevelopment Authority shall provide support for the operation of the Authority in consultation with the Department of Housing and Community Development.
Md. Code, Commercial Law § 12-605 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-605
§12–605.
Status: in_force

(a) (1) At or before the time the buyer signs an installment sale agreement, the seller shall deliver to him an exact copy of it.

(2) If the seller does not sign the copy, and if, within 15 days after the buyer signs the installment sale agreement, the seller does not deliver to the buyer a copy of it signed by the seller, the installment sale agreement and the instruments signed by the buyer are void without any action by the buyer, and the seller immediately shall refund to the buyer all of his payments and deposits.

(b) (1) Until the buyer signs an installment sale agreement and receives a copy of it signed by the seller, he has an unconditional right to cancel it and receive immediate refund of all payments and deposits made on account or in contemplation of it.

(2) The buyer’s request for the refund operates as cancellation of the installment sale agreement.

(c) Until the buyer signs an installment sale agreement and receives a copy of it signed by the seller, if a payment or deposit is accepted by the seller, he immediately shall deliver to the buyer a receipt for it which clearly states in 12-point type or larger the buyer’s rights under subsection (b) of this section.

(d) An acknowledgment of delivery of a copy of an installment sale agreement shall be printed in 12-point type or larger, and, if the acknowledgment is contained in the agreement, it shall be printed immediately below the signature to the agreement and independently signed.
Md. Code, Local Government § 12-526 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-526
§12–526.
Status: in_force

In this part, “road” includes a street, an avenue, an alley, a lane, or any other public way.
Md. Code, State Government § 12-315 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-315
§12–315.
Status: in_force

(a) The Board of Public Works may not provide reimbursement or payment under this Part III of this subtitle unless:

(1) the State officer or State employee submits to the Board a written application for reimbursement; and

(2) the Attorney General certifies that:

(i) the applicant retained counsel;

(ii) the applicant gave the Attorney General written notice promptly after counsel was retained; and

(iii) after review of the evidence and other information, the Attorney General or a designee appointed under this section made the following determinations:

1. in connection with the matter under criminal investigation, the applicant discharged the public responsibilities in good faith, did not engage in unlawful conduct, and was reasonable in retaining counsel and incurring the counsel fees for which reimbursement is sought; or

2. in connection with the matter that was the subject of criminal charges, the applicant discharged the public responsibilities in good faith and incurred reasonable counsel fees.

(b) Notwithstanding subsection (a)(2)(ii) of this section, the Board of Public Works may approve reimbursement to an applicant who fails to give the Attorney General notice promptly after counsel is retained if the Board determines that the failure is for good cause.

(c) If the Attorney General believes that it would be inappropriate for the Attorney General to make the determinations under subsection (a)(2)(iii) of this section, the Attorney General or the Board of Public Works may designate other counsel to carry out that duty.

(d) The determinations of the Attorney General or designee under this section are not subject to judicial review.
Md. Code, Economic Development § 12-708 — MD Code / Article gec / Title 12 / Subtitle 7 / Section 12-708
§12–708.
Status: in_force

§12–708. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2029 PER CHAPTERS 215 AND 216 OF 2025 //

A member of the Authority:

(1) may not receive compensation as a member of the Authority; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Alcoholic Beverages and Cannabis § 12-1102 — MD Code / Article gab / Title 12 / Subtitle 11 / Section 12-1102
§12–1102.
Status: in_force

(a) The Board may issue a refillable container permit for draft beer to a holder of any class of license except a Class C license or a Class M–G license.

(b) An applicant for the permit shall complete the form that the Board provides.

(c) The hours of sale for the permit:

(1) begin at the same time as those for the underlying license; and

(2) end at midnight.

(d) Receipts collected under the permit are to be included in the calculation of average daily receipts from the sale of alcoholic beverages under § 12–104 of this title.

(e) The Board shall adopt regulations to carry out this section.

(f) The annual permit fees are:

(1) $50 for an applicant whose license has an off–sale privilege; and

(2) $500 for an applicant whose license does not have an off–sale privilege.
Md. Code, Alcoholic Beverages and Cannabis § 12-1606 — MD Code / Article gab / Title 12 / Subtitle 16 / Section 12-1606
§12–1606.
Status: reserved

(a) Notwithstanding any other provision of law in this title, the Board may issue a Class B beer, wine, and liquor license for use by a restaurant in ward 4, precincts 1 and 2 that:

(1) has average daily receipts from the sale of food that are at least 51% of the total daily receipts of the restaurant;

(2) has been classified by the Baltimore City Health Department as:

(i) a high priority food service facility; or

(ii) a moderate priority food service facility; and

(3) has executed a memorandum of understanding with the Downtown Partnership of Baltimore.

(b) (1) Except as provided in paragraph (2) of this subsection, the holder of a license issued under this section may not sell alcoholic beverages for off–premises consumption.

(2) The Board may issue the holder of a license issued under this section a refillable container permit in accordance with § 12–1102 of this title.

(c) A license issued under this section may not be transferred from the location of its first issuance.

(d) If a license issued under this section is renewed, the license holder shall file with the Board as part of its renewal application:

(1) a statement detailing the average daily receipts from the restaurant;

(2) an affidavit from a certified public accountant that verifies that the license holder meets the requirements of subsection (b)(1) of this section; and

(3) any other information that the Board requires.

(e) The Board:

(1) may not issue a new license under this section after June 30, 2028; but

(2) may continue to renew licenses issued on or before June 30, 2028.
Md. Code, Alcoholic Beverages and Cannabis § 12-1803 — MD Code / Article gab / Title 12 / Subtitle 18 / Section 12-1803
§12–1803.
Status: reserved

(a) This section applies only to a license that is issued in, transferred into, or transferred to a different location within the following areas of the 46th alcoholic beverages district if the application for the issuance or transfer was received by the Board after December 31, 1995:

(1) ward 1, precincts 2, 3, 4, and 5;

(2) ward 2, in its entirety;

(3) ward 3, precinct 3; and

(4) ward 26, precinct 10.

(b) A license holder shall file with a license renewal application a copy of the valid seating capacity rating issued by the Baltimore City Fire Department for the licensed premises.

(c) (1) If the seating capacity rating for the licensed premises exceeds 150 persons, the Board may require the license holder to submit with the license renewal application an accounting of the gross sales for the previous license year.

(2) The accounting described in this subsection shall:

(i) be in accordance with generally accepted accounting principles; and

(ii) at a minimum, specify separate figures for:

1. total sales, not including sales of novelty items, income from vending machines, or other sales not directly related to food or beverages;

2. alcoholic beverages sales; and

3. food sales.
Md. Code, Commercial Law § 12-1015 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1015
§12–1015.
Status: in_force

(a) A credit grantor making a loan or an extension of credit under this subtitle is subject to the licensing, investigatory, enforcement and penalty provisions of Title 11, Subtitle 3 of the Financial Institutions Article unless the credit grantor or the loan or extension of credit is exempt under Title 11, Subtitle 3 of the Financial Institutions Article.

(b) In addition to any license which may be required by subsection (a) of this section, a credit grantor making a loan or extension of credit under this subtitle secured by any lien on residential real property is subject to the licensing, investigatory, enforcement and penalty provisions of Title 11, Subtitle 5 of the Financial Institutions Article unless the credit grantor or the loan or extension of credit is exempt under Title 11, Subtitle 5 of the Financial Institutions Article.

(c) If a license is required by this section, it shall be issued by the Commissioner of Financial Regulation.

(d) (1) An extension of credit made under this subtitle prior to October 1, 1994 by a home improvement contractor may not be deemed unenforceable or violative of this section because the contractor was not licensed under Title 11, Subtitle 3 of the Financial Institutions Article.

(2) Paragraph (1) of this subsection does not apply to any person engaged in the business of making loans at the time the credit was extended.
Md. Code, Alcoholic Beverages and Cannabis § 12-1809 — MD Code / Article gab / Title 12 / Subtitle 18 / Section 12-1809
§12–1809.
Status: in_force

The requirement for a criminal history records check under § 4–107 of this article does not apply to applicants for license renewal.
Md. Code, Public Utilities § 12-309 — MD Code / Article gpu / Title 12 / Subtitle 3 / Section 12-309
§12–309.
Status: in_force

(a) On presentation of the petition and the certificate of sufficiency from the clerk under § 12-308 of this subtitle, the legislative body of the county or municipal corporation may adopt a resolution that declares its intent to:

(1) order the conversion described in the petition; and

(2) enter into an agreement with a public agency or public utility that provides for plans and specifications, contributions of labor, materials, or money, and payment for any work, improvement, or service proposed under the petition.

(b) In addition to a general description of the proposed conversion and the proposed conversion district, the resolution of intent shall contain a notice that states the date, hour, and place at which a person with an objection to the proposed conversion may appear at a public hearing before the legislative body, or its designated committee, and show cause why the proposed conversion should not be carried out in accordance with the resolution of intent and why a resolution ordering the conversion should not be adopted.

(c) The public hearing required by subsection (b) of this section shall be held not less than 15 days and not more than 60 days after the date the resolution of intent is adopted.

(d) (1) A legislative body, or its designated committee, need not provide notice and a public hearing under this section if, when considering the adoption of a resolution of intent, the legislative body finds and determines by four-fifths vote that, on or before the fifth day before the day that the resolution of intent will be considered for adoption, all of the landowners, or their agents, within the proposed conversion district to be assessed have signed and filed a petition with the clerk of the legislative body waiving their right to a public hearing.

(2) A petition filed under paragraph (1) of this subsection shall include:

(i) a statement that, to the extent of the proposed conversion district to be assessed, the landowners do not object to the proposed conversion, or to an agreement proposed to be made under § 12-311 of this subtitle, and do not have any other objection; and

(ii) a request that the legislative body, or its designated committee, not hold a public hearing.

(e) (1) During the 15 days after the public hearing, if held, landowners within the proposed conversion district may certify the withdrawal of their names from the petition for conversion.

(2) A petition for conversion shall be considered withdrawn if the number of landowners certifying their withdrawal is such that the remaining signatures of landowners on the petition constitute less than 50% of the total assessed value within the proposed conversion district.
Md. Code, Housing and Community Development § 12-702 — MD Code / Article ghs / Title 12 / Subtitle 7 / Section 12-702
§12–702.
Status: in_force

(a) Bonds of an authority are issued for an essential public and governmental purpose.

(b) (1) Neither a commissioner of an authority nor a person who executes the bond for an authority is personally liable on the bonds.

(2) Neither the State nor a political subdivision is liable on the bonds.

(c) The bonds of an authority:

(1) are not a debt of the State or a political subdivision and shall state so on their face;

(2) are payable only out of money or property of the authority; and

(3) are not an indebtedness for purposes of a constitutional or statutory debt limitation or restriction.

(d) Bonds issued under this Division II and their transfer and the income from them, including any profit made on their sale, shall be free from taxation of every kind by the State and by all political subdivisions.

(e) Bonds issued by an authority are negotiable for the purposes of the Maryland Uniform Commercial Code, subject to the registration provisions of the Code.

(f) (1) Bonds issued by an authority are securities in which money may be invested by:

(i) public officers and governmental units of the State or its political subdivisions;

(ii) banks, trust companies, savings and loan associations, investment companies, and others carrying on a banking business;

(iii) insurance companies, insurance associations, and others carrying on an insurance business;

(iv) personal representatives, guardians, trustees, and other fiduciaries; and

(v) all other persons.

(2) Money that may be invested in the bonds includes capital that an investor owns or controls.

(g) Bonds issued by an authority are securities that may be deposited with or received by any State or municipal officer, governmental unit, or political subdivision of the State for any purpose for which the deposit of bonds of the State is authorized by law.

(h) (1) This subsection:

(i) is intended only for any public approval requirement of the Internal Revenue Code relating to the issuance of tax-exempt obligations; and

(ii) does not determine whether an authority is a governmental unit of the State or of a political subdivision.

(2) Subject to paragraph (1) of this subsection, an authority authorized under a resolution or ordinance of a political subdivision derives its authorization from the resolution or enactment rather than directly from State law.
Md. Code, Public Utilities § 12-308 — MD Code / Article gpu / Title 12 / Subtitle 3 / Section 12-308
§12–308.
Status: in_force

(a) The petition shall be filed with the clerk of the legislative body of the county or municipal corporation in which the proposed conversion district is located.

(b) After a petition is filed under subsection (a) of this section, the clerk shall review the petition.

(c) If the petition is signed by the number of qualified landowners required under § 12-307 of this subtitle, the clerk shall execute a certificate of sufficiency and present the petition and certificate to the legislative body.
Md. Code, Financial Institutions § 12-703 — MD Code / Article gfi / Title 12 / Subtitle 7 / Section 12-703
§12–703.
Status: in_force

(a) (1) To apply for supervision and examination under this subtitle, an applicant shall sign and submit to the Commissioner a verified application on the form that the Commissioner requires.

(2) The applicant shall comply with all conditions and provisions within the application.

(3) The applicant shall submit any other information that the Commissioner may require.

(b) With the application, the applicant shall pay to the Commissioner an investigation fee of $100.00.
Md. Code, State Government § 12-309 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-309
§12–309.
Status: in_force

(a) A court shall require reimbursement from the person who brings an action or proceeding against a State officer or State employee if:

(1) judgment is rendered for the officer or employee; and

(2) the court finds that the action or proceeding was instituted:

(i) in bad faith; or

(ii) without substantial justification.

(b) Reimbursement shall consist of reasonable counsel fees and other costs and reasonable expenses incurred by the officer or employee in defending against the action or proceeding.

(c) Reimbursement shall be paid:

(1) to the officer or employee; or

(2) if the State or any of its units already has reimbursed the officer or employee, to the State or the unit.
Md. Code, Business Occupations and Professions § 12-602 — MD Code / Article gbo / Title 12 / Subtitle 6 / Section 12-602
§12–602.
Status: in_force

(a) Except as otherwise provided in this title, a master plumber, holder of a limited master plumber license, or other person who engages in the business of providing plumbing services may not employ an individual to provide or assist in providing plumbing services unless the individual:

(1) is licensed by the Board as a master plumber or holder of a limited master plumber license; or

(2) (i) is licensed by the Board as a journey plumber, holder of a limited journey plumber license, or apprentice plumber; and

(ii) provides or assists in providing the plumbing services within the scope of the license.

(b) A person may not employ an individual to provide or assist in providing plumbing services under a public work contract subject to Title 17, Subtitle 2 of the State Finance and Procurement Article unless the individual is licensed by the Board, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission.

(c) A person may not classify an employee under a public work contract subject to Title 17, Subtitle 2 of the State Finance and Procurement Article who is licensed under this title at a specific work classification that is higher than the employee’s license type.
Md. Code, Family Law § 12-104.1 — MD Code / Article gfl / Title 12 / Subtitle 1 / Section 12-104.1
§12–104.
Status: in_force

§12–104.1.

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

(2) “Administration” has the meaning stated in § 10–101 of this article.

(3) “Obligee” has the meaning stated in § 10–101 of this article.

(4) “Obligor” has the meaning stated in § 10–101 of this article.

(b) A child support payment is not past due and arrearages may not accrue during any period when the obligor is incarcerated, and continuing for 60 days after the obligor’s release from confinement, if the obligor is not on work release and has insufficient resources with which to make payment.

(c) (1) In any case in which the Administration is providing child support services under Title IV, Part D of the Social Security Act, the Administration may, without the necessity of any motion being filed with the court, adjust an incarcerated obligor’s payment account to reflect the suspension of the accrual of arrearages under subsection (b) of this section.

(2) Before making an adjustment under paragraph (1) of this subsection, the Administration shall send written notice of the proposed action to the obligee, including the obligee’s right to object to the proposed action and an explanation of the procedures for filing an objection.
Md. Code, State Finance and Procurement § 12-301 — MD Code / Article gsf / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

(a) (1) (i) A unit shall consult with the Department of General Services during the development phase of a project that will require an energy performance contract.

(ii) Before issuing a request for proposals for an energy performance contract, a unit shall consult with the Department of General Services and the Chief Procurement Officer.

(2) The Department of General Services shall review the proposed request to ensure that it meets with the State energy standards and preserves the State’s flexibility to investigate and use economically justifiable new technologies.

(3) A unit pursuing an energy contract must receive final approval from the Department of General Services before submitting the proposed contract to the Board of Public Works for approval.

(b) (1) Notwithstanding any other provision of law and subject to the approval and control of the Board of Public Works and the Chief Procurement Officer, a unit of State government is authorized to enter into energy performance contracts of up to 30 years’ duration.

(2) The Treasurer may enter into a capital lease to finance energy performance contracts as provided in Title 8, Subtitle 4 of this article.

(3) The payments and the total contract amount due under an energy performance contract or, in the case of a capital lease used to finance energy performance contracts, the capital lease payments may not exceed the actual energy savings realized as a result of the contract’s performance.

(4) (i) Before approval of an energy performance contract, the Board:

1. shall ensure that the projected annual energy savings attributable to the project will exceed the projected annual capital lease payments or payments to the contractor under the contract; and

2. based on the review of the Department of General Services, shall determine whether the proposed energy technology is appropriate for the time period provided in the contract.

(ii) The Board may:

1. authorize the use of incentive contracts, including contracts that guarantee energy savings performance; and

2. require prospective contractors to furnish appropriate guarantees to ensure that projected savings are realized.

(iii) Any guarantees required under subparagraph (ii) of this paragraph may include a requirement that the contractor furnish a bond or other assurance to the State in an appropriate amount to guarantee projected performance and that the bond or other assurance be structured so that a failure to meet guaranteed performance savings will forfeit a portion of the bond or other assurance to match the shortfall in energy savings.
Md. Code, Corporations and Associations § 12-405 — MD Code / Article gca / Title 12 / Subtitle 4 / Section 12-405
§12–405.
Status: in_force

(a) This section applies to a statutory trust that is an investment company, as defined by the Investment Company Act of 1940.

(b) A trustee of a statutory trust who with respect to the statutory trust is not an interested person, as defined by the Investment Company Act of 1940, shall be deemed to be independent and disinterested when making a determination or taking any action as a trustee.
Md. Code, Commercial Law § 12-505.1 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-505.1
§12–505.
Status: in_force

§12–505.1.

Any closed end account made prior to July 1, 1982 which is refinanced at a higher rate pursuant to § 12–505(a)(3) of this subtitle must comply with the following requirements:

(1) The holder must give the following disclosure in writing to the buyer prior to the execution by the buyer of the new retail credit account agreement:

If you do agree to consolidate your existing account, you will be paying an annual percentage rate of ..... on the existing net balance of $........, instead of the rate of ....... which you are now paying.

Schedule of Monthly Payments

Separate Account Agreements Consolidated Account Agreement

$....... per month for $....... per month for

the next ....... months the next ....... months

then

$....... per month for

....... months after that

Total of Payments

Separate Account Agreements Consolidated Account Agreement

$....... total of $....... total of

payments for your payments for your

existing account consolidated account

....... total of payments

for your new account

(2) The holder must allow the buyer the choice of repaying his existing account balance at the originally agreed upon rate and obtaining any additional extension of credit as a separate account, notwithstanding any law which limits the holder’s ability to establish more than 1 account for the same buyer;

(3) An account may be refinanced only upon the buyer’s request;

(4) The holder must refund or credit to the buyer’s account any unearned finance charge and any returned insurance premiums upon the cancellation of insurance sold in connection with the obligation;

(5) The holder must allow the buyer the right to cancel the consolidated purchase agreement within 3 business days and to elect the separate account option pursuant to subsection (2). The holder shall provide to the buyer conspicuous notice of the provisions of this subsection; and

(6) Nothing in this subsection shall prohibit the receipt of goods or services by the buyer at the time the consolidated purchase agreement is made.
Md. Code, Commercial Law § 12-114 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-114
§12–114.
Status: in_force

(a) This section does not apply to a loan subject to § 12–114.1 of this subtitle.

(b) (1) Any person who violates the usury provisions of this subtitle shall forfeit to the borrower the greater of:

(i) Three times the amount of interest and charges collected in excess of the interest and charges authorized by this subtitle; or

(ii) The sum of $500.

(2) A claim or plea of usury is not valid if, within 30 days from the date the loan contract was executed, the lender:

(i) Notifies the borrower and any other party to the loan contract that the loan was usurious; and

(ii) Agrees to modify it by substituting for the usurious rate of interest a legal rate of interest not exceeding the stated rate of interest.

(c) Any person who violates the disclosure provisions of § 12–106(b) and (c) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(d) Even if a loan document is executed outside of the State, this section is applicable if the loan is made to a resident of Maryland and is secured by property located within the State.
Md. Code, Commercial Law § 12-411 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-411
§12–411.
Status: in_force

A lender may not directly or indirectly, contract for, charge, or receive, any interest, discount, fee, fine, commission, brokerage, charge, or other consideration in excess of that permitted by this subtitle.
Md. Code, Commercial Law § 12-610 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-610
§12–610.
Status: in_force

Except as provided in § 12-609 of this subtitle as to a motor vehicle, and notwithstanding the provisions of any other statutory law, in the retail sale of consumer goods bought under an installment sale agreement, including any add-on contract described in § 12-618 of this subtitle, the finance charge may not exceed the greater of:

(1) An amount computed using the following annual simple interest rates of finance charge:

(i) 22 percent on that part of the outstanding balance not exceeding $1,000; and

(ii) 18 percent on that part of the outstanding balance exceeding $1,000; or

(2) A minimum charge of $10 or, if the date of the last installment is eight months or less after the effective date of the installment sale agreement, $8.

(3) Notwithstanding the provisions of subsection (1) of this section, a seller may charge a finance charge at a rate not in excess of 24 percent per annum simple interest on the outstanding balance under an installment sale agreement made on or after July 1, 1982.
Md. Code, Labor and Employment § 12-502 — MD Code / Article gle / Title 12 / Subtitle 5 / Section 12-502
§12–502.
Status: in_force

(a) The State may not be held liable for the payment of the retirement savings benefit earned by Program participants in accordance with this title.

(b) The debts, contracts, and obligations of the Board, Trust, or the Program are not the debts, contracts, and obligations of the State and neither the faith and credit nor the taxing power of the State is pledged directly or indirectly to the payment of the debts, contracts, and obligations.
Md. Code, Economic Development § 12-311 — MD Code / Article gec / Title 12 / Subtitle 3 / Section 12-311
§12–311.
Status: in_force

This subtitle does not authorize a political subdivision to acquire property by eminent domain.
Md. Code, Transportation § 12-303 — MD Code / Article gtr / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

(a) (1) The Administration shall provide for a method by which an individual doing business with the Administration can:

(i) Register as a donor with the State donor registry established under § 4–516 of the Estates and Trusts Article for the purpose of making a gift of all body organs or parts for the purposes of transplantation, therapy, or medical research and education; and

(ii) Select to have a donor designation on the individual’s driver’s license or identification card.

(2) The Administration may not require an individual who registers with the State donor registry under paragraph (1)(i) of this subsection to have a donor designation on the individual’s driver’s license or identification card.

(b) If an individual selects to have a donor designation on the individual’s driver’s license or identification card under subsection (a)(1) of this section, the Administration shall make a notation of this fact on a driver’s license or identification card issued to the individual.

(c) The Administration shall notify an individual who selects to register as a donor that:

(1) The registration will remain effective until the individual requests that the individual be removed from the State donor registry; and

(2) The individual may request to be removed from the State donor registry:

(i) If the individual selected to have a donor designation on the individual’s driver’s license or identification card, by requesting a replacement driver’s license or identification card:

1. Through the Administration’s Web site; or

2. In person at any full–service Administration office;

(ii) By requesting to be removed when doing business with the Administration; or

(iii) Through the State donor registry.

(d) Unless an individual who selected to have a donor designation on the individual’s driver’s license or identification card is removed from the State donor registry as provided in subsection (c)(2) of this section, the Administration shall note the individual’s donor designation on all subsequently issued drivers’ licenses or identification cards.

(e) A donor designation noted on a driver’s license or identification card:

(1) Is sufficient legal authority for the removal of a body organ or part on the death of the donor; and

(2) Notwithstanding any other provision of law, is valid and effective for all purposes under Title 4, Subtitle 5 of the Estates and Trusts Article, including the immunity from civil or criminal liability set forth in § 4–514 of the Estates and Trusts Article.
Md. Code, Corporations and Associations § 12-101 — MD Code / Article gca / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

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

(b) “Beneficial owner” means any owner of record of a beneficial interest in a statutory trust, the fact of ownership to be determined and evidenced, whether by means of registration, the issuance of certificates or otherwise, in conformity to the applicable provisions of the governing instrument of the statutory trust.

(c) “Foreign business entity” means:

(1) A foreign statutory trust; or

(2) A corporation, general or limited partnership, common–law trust, limited liability company, real estate investment trust, or any other unincorporated business formed, organized, or existing under the laws of another state, the United States, a foreign country, or other foreign jurisdiction.

(d) “Foreign statutory trust” means a trust that is:

(1) Formed under the laws of another state, the United States, a foreign country, or other foreign jurisdiction; and

(2) Required by the laws of the jurisdiction in which it is formed to file a record with a public official in that jurisdiction.

(e) “Governing instrument” means a declaration of trust or other trust instrument which provides for the governance of the affairs of a statutory trust and the conduct of its business.

(f) (1) “Other business entity” means a corporation, a general or limited partnership, a common–law trust, a limited liability company, a real estate investment trust, or any other unincorporated business.

(2) “Other business entity” does not include a statutory trust.

(g) “Person” means a natural person, partnership, limited partnership, limited liability company, trust, estate, association, corporation, custodian, nominee, or any other individual or entity in its own or any representative capacity.

(h) (1) “Statutory trust” means an unincorporated business, trust, or association that is:

(i) Formed by filing an initial certificate of trust under § 12–204 of this title; and

(ii) Governed by a governing instrument.

(2) “Statutory trust” includes a trust formed under this title on or before May 31, 2010, as a business trust, as the term business trust was then defined in this title.

(i) (1) “Trustee” means the person appointed as a trustee in accordance with the governing instrument of a statutory trust.

(2) “Trustee” may include a beneficial owner of a statutory trust.
Md. Code, Financial Institutions § 12-602 — MD Code / Article gfi / Title 12 / Subtitle 6 / Section 12-602
§12–602.
Status: in_force

(a) In this section, “fiduciary” includes the fiduciary’s successor.

(b) Except as provided in subsection (c) of this section, if a safe-deposit company rents a safe-deposit box to a fiduciary, the safe-deposit company may not permit access to the safe-deposit box:

(1) By any person other than the fiduciary; and

(2) If the safe-deposit box is rented to two or more fiduciaries, by less than all of the fiduciaries in person.

(c) The safe-deposit company may permit access to the safe-deposit box by:

(1) Any individual authorized by all of the fiduciaries, in accordance with a rental agreement, written power of attorney, or other written authority signed by each fiduciary and filed with the safe-deposit company; and

(2) Less than all of the fiduciaries, in accordance with a rental agreement, written power of attorney, or other written authority signed by the remaining fiduciaries and filed with the safe-deposit company.
Md. Code, Economic Development § 12-703 — MD Code / Article gec / Title 12 / Subtitle 7 / Section 12-703
§12–703.
Status: in_force

§12–703. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2029 PER CHAPTERS 215 AND 216 OF 2025 //

(a) There is a West North Avenue Development Authority in Baltimore City.

(b) The Authority is a body politic and corporate and is an instrumentality of the State.

(c) The exercise by the Authority of a power under this subtitle is the performance of an essential governmental function.

(d) The Governor may include each year in the State budget bill an appropriation to the Authority in Baltimore City.

(e) Beginning fiscal year 2028, the Authority shall be self–sustaining.
Md. Code, Health Occupations § 12-703 — MD Code / Article gho / Title 12 / Subtitle 7 / Section 12-703
§12–703.
Status: in_force

A person may not establish or operate a pharmacy in this State or a nonresident pharmacy unless the person holds a pharmacy permit issued by the Board.
Md. Code, Public Safety § 12-601 — MD Code / Article gps / Title 12 / Subtitle 6 / Section 12-601
§12–601.
Status: in_force

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

(b) “Certified nongovernmental electrical inspector” means an individual certified by the State Fire Marshal to inspect electrical installations for conformity with the National Electrical Code or any adopted local electrical code or amendments.

(c) “Electrical installation” means any installed:

(1) electrical wires or conductors that transmit electric current for electric light, heat, or power purposes;

(2) cable, molding, duct, raceway, or conduit for the reception or protection of wires or conductors; or

(3) electrical machinery, apparatus, device, or fixture.
Md. Code, Education § 12-119 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-119
§12–119.
Status: in_force

(a) There is a Universities at Shady Grove Regional Higher Education Center within the University System of Maryland.

(b) The purpose of the Universities at Shady Grove Regional Higher Education Center is to provide students access to established, cutting edge, and high–demand academic programs of degree–granting institutions.

(c) The academic programs offered at the Universities at Shady Grove Regional Higher Education Center shall be upper division undergraduate and graduate level programs and programs for advanced postgraduate certificates and credentials.

(d) Funding for the Universities at Shady Grove Regional Higher Education Center shall be as provided in the State budget.
Md. Code, Corporations and Associations § 12-401 — MD Code / Article gca / Title 12 / Subtitle 4 / Section 12-401
§12–401.
Status: in_force

(a) Except as provided in its governing instrument, the business and affairs of a statutory trust shall be managed under the direction of its trustees.

(b) Except as provided in the governing instrument of a statutory trust, neither the power to give direction to a trustee or other person nor the exercise by any person, including a beneficial owner, of a direction shall cause that person to have duties, including fiduciary duties, or liabilities relating to the statutory trust or to a beneficial owner.
Md. Code, Financial Institutions § 12-105 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: reserved

(a) Except as provided in § 12–102(a) or § 12–105.1 of this subtitle, a person may not provide check cashing services unless the person is licensed under this subtitle or is an exempt entity.

(b) A licensee may provide check cashing services only at a licensed location or as otherwise authorized by the Commissioner through regulation.

(c) During the time period established by the Commissioner under subsection (d) of this section, each licensee shall:

(1) Obtain and maintain a valid unique identifier issued by NMLS when an account is created with NMLS;

(2) Transfer licensing information to NMLS; and

(3) Pay to the Commissioner a license extension fee calculated in accordance with subsection (d)(5) of this section.

(d) (1) The Commissioner shall establish a time period that is no less than 2 months within which a licensee must transfer licensing information to NMLS.

(2) The time period that the Commissioner establishes under this subsection shall begin on or after July 1, 2017.

(3) At least 30 days before the transfer period begins, the Commissioner shall:

(i) Notify all licensees of the transfer period; and

(ii) Provide instructions for the transfer of licensing information to NMLS.

(4) For each licensee that complies with subsection (c) of this section, the term of the licensee’s license shall extend to December 31 of the year in which the license otherwise would have expired.

(5) The license extension fee required under subsection (c)(3) of this section is nonrefundable and, based on the annual license fee, shall be prorated to the number of days between the date the license otherwise would have expired and December 31 of the same year.

(e) Subject to subsection (c) of this section, an applicant for an initial license or a license renewal shall apply for the initial license or license renewal through NMLS:

(1) On or after July 1, 2017; or

(2) If the Commissioner has not joined NMLS with respect to persons required to be licensed under this subtitle as of July 1, 2017, on or after the date that the Commissioner joins, as specified by the Commissioner by public notice.
Md. Code, Commercial Law § 12-505.2 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-505.2
§12–505.
Status: in_force

§12–505.2.

A seller or holder may not enter into a closed end retail credit account agreement, providing for an initial rate of finance charge pursuant to § 12-505(a)(3) of this subtitle, which contains a provision that permits the seller or holder to increase or decrease the applicable rate of finance charge from time to time during the term of the account.
Md. Code, Business Occupations and Professions § 12-605.2 — MD Code / Article gbo / Title 12 / Subtitle 6 / Section 12-605.2
§12–605.
Status: in_force

§12–605.2.

(a) A person engaged in the business of selling plumbing supplies in the State may not sell pipes, pipe fittings, plumbing fittings, or fixtures that will be used in the installation or repair of any plumbing that dispenses water for human consumption, unless the pipes, pipe fittings, plumbing fittings, or fixtures are lead–free.

(b) A person engaged in the business of selling plumbing supplies in the State may not sell solder or flux that is not lead–free unless the solder or flux bears a label stating that it is illegal to use the solder or flux in the installation or repair of any plumbing that dispenses water for human consumption.
Md. Code, Housing and Community Development § 12-204 — MD Code / Article ghs / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) Except as provided in § 12–208 of this subtitle, each pre–existing authority continues to exist.

(b) (1) Except as provided in paragraph (3) of this subsection, a pre-existing authority governed only by this title:

(i) may exercise the powers granted by Subtitles 6 and 7 and §§ 12-501, 12-502, 12-504, and 12-506(a) of this title; and

(ii) if it adopts articles of organization, may exercise the powers listed in § 12-503 of this title that are authorized by the articles of organization in accordance with § 12-205(b)(1)(vi) of this subtitle; and

(iii) is entitled to the exemptions from State law provided in § 12-505 of this title.

(2) Except as provided in paragraph (3) of this subsection, a pre-existing authority governed by this title and by a title in this Division II that is applicable in a particular political subdivision:

(i) may exercise the powers granted under the title that applies to the particular political subdivision;

(ii) may exercise the powers granted by Subtitles 6 and 7 and §§ 12-501, 12-502, 12-504, and 12-506(a) of this title as modified by the title that applies to the particular political subdivision;

(iii) if it adopts articles of organization, may exercise the powers listed in § 12-503 of this title that are authorized by the articles of organization in accordance with § 12-205(b)(1)(vi) of this subtitle; and

(iv) is entitled to the exemptions from State law provided in § 12-505 of this title.

(3) If articles of organization are adopted, the powers set forth in §§ 12-501 through 12-506(a) of this title may be limited to the extent allowed under §§ 12-205(b)(2) and 12-207 of this subtitle.
Md. Code, Housing and Community Development § 12-304 — MD Code / Article ghs / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) (1) This subsection applies to authorities for which the Secretary of State approves articles of organization on or after July 1, 1990.

(2) All initial appointments of commissioners of an authority after the Secretary of State approves the articles of organization shall have the same effective date.

(3) The effective date shall be set forth along with the term of appointment on each initial certificate of appointment required by § 12-302(b) of this subtitle.

(4) For authorities whose articles of organization say that commissioners of the authority have 5-year terms, those who are initially appointed shall have staggered terms of:

(i) 1, 2, 3, 4, and 5 years for five-member authorities;

(ii) 1, 2, 3, 3, 4, 5, and 5 years for seven-member authorities; and

(iii) 1, 2, 2, 3, 3, 4, 4, 5, and 5 years for nine-member authorities.

(5) For authorities whose articles of organization say that commissioners of the authority have 3-year terms, those who are initially appointed shall have staggered terms of:

(i) 1, 2, 2, 3, and 3 years for five-member authorities;

(ii) 1, 1, 2, 2, 3, 3, and 3 years for seven-member authorities; and

(iii) 1, 1, 1, 2, 2, 2, 3, 3, and 3 years for nine-member authorities.

(6) Notwithstanding § 12-311 of this subtitle, a commissioner of an authority who is an employee of the political subdivision serves at the pleasure of the chief elected official.

(b) (1) The term of a commissioner of an authority who was in office before the adoption of articles of organization ends on the effective date of the initial appointments under the articles of organization.

(2) Except as provided in paragraphs (3) and (4) of this subsection, before the effective date of the initial appointments under the articles of organization, the chief elected official shall appoint each commissioner of an authority who was in office before the adoption of the articles of organization to a term as a commissioner of the authority under the articles of organization.

(3) A commissioner of an authority who has delivered to the chief elected official written notice declining appointment may not be appointed under this subsection.

(4) If the number of commissioners of an authority is reduced by the articles of organization so that there are not enough places for all those who did not decline appointment, the chief elected official shall choose which ones to appoint, and when they are appointed and qualify they are the successors of all those who were in office before the adoption of the articles of organization.

(5) Notwithstanding § 12-205(b)(1)(iii) of this title, any other provision of this Division II, and the articles of organization, an appointment under this subsection does not require approval of the legislative body.

(c) If an authority is not governed by articles of organization:

(1) commissioners of the authority who are initially appointed shall have terms of 1, 2, 3, 4, and 5 years; and

(2) each term thereafter shall be 5 years.

(d) (1) At the end of a term, a commissioner of an authority serves until a successor is appointed and qualifies.

(2) A commissioner of an authority who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
Md. Code, Tax - Property § 12-110 — MD Code / Article gtp / Title 12 / Subtitle 1 / Section 12-110
§12–110.
Status: in_force

(a) (1) Except as provided in subsections (c) and (d) of this section, in any county except Prince George’s, the recordation tax collected by the collector or the clerk of the circuit court shall be paid to the governing body of the county in which the recordation tax was collected.

(2) In Prince George’s County the recordation tax is both paid to and collected by the Director of Finance of Prince George’s County.

(b) (1) A person who offers for recordation an instrument of writing for property located in 2 or more counties shall submit to the collector or the clerk of the circuit court for each county a certificate showing the apportionment of the total value of the property between each of the counties.

(2) For an instrument of writing recorded under paragraph (1) of this subsection, the recordation tax in each county in which the property is located is:

(i) payable at the rate of tax that applies in the county; and

(ii) based on the ratio that the value of the property in that county bears to the value of the property in all counties.

(c) Recordation tax collected under § 12–103(c) of this title shall be paid to the Comptroller for deposit in the General Fund of the State.

(d) (1) The Department shall deduct the cost of administering the recordation tax from the taxes collected under this title and credit those revenues to the fund established under § 1–203.3 of the Corporations and Associations Article.

(2) After deducting the revenues required under paragraph (1) of this subsection, the recordation tax collected under §§ 12–103(d) and 12–117 of this title shall be distributed to the county in which the property is located.
Md. Code, Commercial Law § 12-508 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-508
§12–508.
Status: in_force

If a retail credit account agreement provides for the payment of attorney’s fees, that provision may permit the holder only to receive reasonable attorney’s fees to be set by a court in the event of the filing of suit.
Md. Code, Transportation § 12-209 — MD Code / Article gtr / Title 12 / Subtitle 2 / Section 12-209
§12–209.
Status: in_force

(a) (1) Any aggrieved party to a hearing may appeal from a decision or order of the Administration in accordance with this subsection.

(2) If the matter concerns the license of an individual to drive and the individual is a resident of this State, the aggrieved party may appeal to the circuit court for the county in which the individual resides.

(3) If the matter concerns any other license or privilege of a person, the aggrieved party may appeal to the circuit court for the county in which the principal place of business of the person in this State is located.

(4) If the appeal involves a nonresident motorist, the aggrieved party may appeal to the circuit court for the county in which the motorist was convicted of the violation to which the matter relates.

(5) If not otherwise provided in this section or elsewhere in the Maryland Vehicle Law, the aggrieved party may appeal to the Circuit Court for Anne Arundel County.

(b) The Administrative Procedure Act shall govern in an appeal.

(c) Except as provided in § 16-205.1 of this article, if an appeal is filed in a case by an aggrieved licensee, the Administration shall grant a stay of its decision or order for not more than 120 days, unless it appears to the Administration that substantial and immediate harm could result to the licensee or others if the license or privilege is continued pending appeal.
Md. Code, Health Occupations § 12-6C-09.1 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-09.1
§12–6C–09.
Status: in_force

§12–6C–09.1.

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

(2) “Covered entity” has the meaning stated in 42 U.S.C. § 256b(a)(4).

(3) “Package” has the meaning stated in 21 U.S.C. § 360eee(11).

(4) (i) “340B drug” means a drug that:

1. Is a covered outpatient drug under 42 U.S.C. § 256b;

2. Has been subject to an offer for reduced prices by a 340B manufacturer under 42 U.S.C. § 256b(a)(1); and

3. Is purchased by a covered entity.

(ii) “340B drug” includes a drug that would have been purchased but for the limitation under subsection (c) of this section.

(5) “340B manufacturer” means a manufacturer, as defined in 42 U.S.C. § 1396r–8(k)(5), of covered outpatient drugs that has signed a pharmaceutical pricing agreement under 42 U.S.C. § 256b(a)(1).

(b) This section may not be construed to be:

(1) Less restrictive than any federal law that is applicable to a person regulated by this section; or

(2) In conflict with applicable federal and State laws and regulations.

(c) (1) Except as provided in paragraph (2) of this subsection, a 340B manufacturer may not directly or indirectly deny, restrict, prohibit, discriminate against, or otherwise limit the acquisition of a 340B drug by, or delivery of a 340B drug to, a pharmacy that is under contract with or otherwise authorized by a covered entity to receive 340B drugs on behalf of the covered entity unless the receipt of 340B drugs is prohibited by the U.S. Department of Health and Human Services.

(2) A 340B manufacturer may limit the distribution of a 340B drug if the limitation is required under 21 U.S.C. § 355–1.

(d) (1) (i) A violation of subsection (c) of this section:

1. Subject to paragraph (2) of this subsection, is an unfair, abusive, or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article and is subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article; and

2. A. If the alleged violation was committed by a person that is licensed or permitted by the Board, shall be investigated by the Board or the Consumer Protection Division of the Office of the Attorney General; or

B. If the alleged violation was committed by a person that is not licensed or permitted by the Board, shall be investigated by the Consumer Protection Division of the Office of the Attorney General.

(ii) As part of an investigation conducted under subparagraph (1)(i)2 of this paragraph, the Board or the Consumer Protection Division of the Office of the Attorney General may investigate an affiliate or a contractor of the 340B manufacturer, including a wholesaler or third–party logistics provider.

(2) (i) In addition to the penalties under Title 13 of the Commercial Law Article, a civil fine may be assessed in the amount of $5,000 per violation of subsection (c) of this section.

(ii) A violation of this section does not create a private right of action under § 13–408 of the Commercial Law Article.

(3) If a violation of subsection (c) of this section is committed by a person licensed or permitted by the Board, the Board may impose discipline, suspension, or revocation of the person’s license or permit.

(4) Each package of 340B drugs subject to a violation of subsection (c) of this section shall constitute a separate violation.
Md. Code, Alcoholic Beverages and Cannabis § 12-2006 — MD Code / Article gab / Title 12 / Subtitle 20 / Section 12-2006
§12–2006.
Status: in_force

A holder of a license that allows sales of alcoholic beverages for on–premises consumption may not be required to close the licensed premises at any time on January 1.
Md. Code, Public Utilities § 12-129 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-129
§12–129.
Status: in_force

(a) Subject to subsection (c) of this section, any new or replacement piping that is buried or installed for the purposes of connecting a building to a water supply system, a sewerage system, an underground storm drain system, or any other applicable device shall be buried or installed with a wire or an equivalent product or technology that makes the piping detectable or locatable.

(b) Any wire used to comply with subsection (a) of this section shall:

(1) be an insulated copper tracer wire that is suitable for direct burial and has an American wire gauge (AWG) of at least 10, or an equivalent product;

(2) be installed:

(i) in the same trench as the piping that connects the building to the water supply system or the sewerage system;

(ii) within 12 inches of the piping that connects the building to the water supply system or the sewerage system; and

(iii) with at least one end of the wire terminating above grade in a location that is accessible and resistant to physical damage, such as in a cleanout or next to an external wall of the building; and

(3) run from within 5 feet of an external wall of the building to:

(i) the point where the piping intersects with the water supply system or the sewerage system; or

(ii) the point where the sewerage system disposes of or processes the sewage.

(c) The requirement of subsection (a) of this section with regard to replacement piping connecting a building to a water supply system or a sewerage system:

(1) applies only to a complete replacement of the piping; and

(2) does not apply to a repair or a partial replacement of the piping.
Md. Code, State Government § 12-406 — MD Code / Article gsg / Title 12 / Subtitle 4 / Section 12-406
§12–406.
Status: in_force

Payments under this subtitle shall be made in accordance with the provisions of Subtitle 5 of this title.
Md. Code, Health Occupations § 12-6C-06 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-06
§12–6C–06.
Status: in_force

(a) A wholesale distributor permit expires on May 31 after its effective date, unless the wholesale distributor permit is renewed for an additional 2–year term as provided in this section.

(b) (1) Except as provided in paragraph (2) of this subsection, at least 1 month before a wholesale distributor permit expires, the Board shall send to the wholesale distributor permit holder a renewal notice by electronic means to the last known e–mail address of the permit holder.

(2) If requested by a wholesale distributor permit holder, the Board shall send to the permit holder a renewal notice by first–class mail to the last known address of the permit holder.

(3) If a renewal notice sent by electronic means under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall send to the wholesale distributor permit holder a renewal notice by first–class mail to the last known address of the permit holder.

(4) A renewal notice sent under this subsection shall state:

(i) The date on which the current wholesale distributor permit expires;

(ii) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the current wholesale distributor permit expires; and

(iii) The amount of the renewal fee.

(5) Before a wholesale distributor permit expires, a wholesale distributor permit holder periodically may renew it for an additional 2–year term, if the wholesale distributor permit holder:

(i) Otherwise is entitled to a wholesale distributor permit;

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

(iii) Submits to the Board a renewal application on the form that the Board requires.

(6) (i) The renewal application form shall set forth the information that the wholesale distributor provided under § 12–6C–05 of this subtitle.

(ii) Within 30 days after receiving the form, the wholesale distributor shall identify and state under oath to the Board all changes or corrections to the information that was provided under § 12–6C–05 of this subtitle.

(7) The Board shall renew the wholesale distributor permit of a wholesale distributor permit holder who meets the requirements of this subtitle and any regulations adopted under this subtitle.

(8) The Board may deny, suspend, or revoke the permit of a wholesale distributor if the Board determines that the wholesale distributor no longer qualifies for a permit.
Md. Code, Corporations and Associations § 12-1006 — MD Code / Article gca / Title 12 / Subtitle 10 / Section 12-1006
§12–1006.
Status: in_force

(a) The conversion of an other entity to a statutory trust shall be completed on the later of:

(1) The formation of the statutory trust in accordance with this title; or

(2) The effectiveness of articles of conversion filed for record with the Department.

(b) The conversion of a statutory trust to an other entity shall be completed on the effectiveness of articles of conversion filed for record with the Department.

(c) Articles of conversion are effective on the later of:

(1) The time the Department accepts the articles of conversion for record; or

(2) The future effective time of the articles of conversion as set forth in articles of conversion that have been accepted by the Department for record.

(d) (1) (i) Except as provided in subparagraph (ii) of this paragraph, at the time the conversion of an other entity to a statutory trust is completed:

1. The other entity shall be converted to a statutory trust;

2. The conversion shall have the effects set forth in § 12–1004 of this subtitle; and

3. The statutory trust shall be subject to all of the provisions of the Maryland Statutory Trust Act.

(ii) Notwithstanding § 12–204 of this title, the existence of the statutory trust shall be deemed to have commenced on the date the other entity commenced existence in the place in which the other entity was first incorporated, created, formed, or otherwise came into being.

(2) At the time the conversion of a statutory trust to an other entity is completed, the conversion shall have the effects set forth in § 12–1004 of this subtitle.
Md. Code, State Finance and Procurement § 12-506 — MD Code / Article gsf / Title 12 / Subtitle 5 / Section 12-506
§12–506.
Status: in_force

(a) Before a unit of State or local government may award a procurement contract to provide MARC service to an entity subject to this subtitle, the entity shall comply with the provisions of this section for the process of assembling the records related to the deportation of victims.

(b) (1) An entity shall contract with an archivist and a historian to conduct an initial analysis of the records.

(2) The archivist and historian that conduct the initial analysis shall:

(i) be approved by the State Archivist;

(ii) be independent of the entity; and

(iii) conduct the analysis in accordance with the standards of the Society of American Archivists and the Council of State Archivists.

(3) The initial analysis shall include:

(i) an inspection of each location in which the entity maintains records that may be related to the deportation of victims; and

(ii) a report submitted to the State Archivist.

(4) The initial report submitted to the State Archivist shall include:

(i) a list of each location inspected and an assessment of whether the location maintains any records;

(ii) an outline and assessment of the quality of the records;

(iii) a timeline for the process to assemble the records; and

(iv) an estimated cost to assemble the records.

(c) (1) After the initial analysis is concluded and the State Archivist has approved the initial report in accordance with § 12–508(a)(2)(i) of this subtitle, the entity shall contract with an archivist and a historian to ensure that the process of assembling the records is completed in a manner consistent with:

(i) the initial report; and

(ii) the standards of the Society of American Archivists and the Council of State Archivists.

(2) The archivist and historian contracted with to carry out paragraph (1) of this subsection:

(i) shall be approved by the State Archivist; and

(ii) may be the archivist and historian that conducted the initial analysis or another archivist and historian approved by the State Archivist.

(d) After the process of assembling the records is complete, the entity shall provide the information required under § 12–507 of this subtitle to the State Archivist.
Md. Code, Commercial Law § 12-304 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) A lender may not directly or indirectly print, publish, distribute, or broadcast any false, misleading, or deceptive statement regarding the rates, terms, or conditions of a loan.

(b) (1) If charges or rates of charges are advertised by a licensee, the Commissioner may require him to state them fully and clearly in any manner the Commissioner considers necessary to prevent misunderstanding by a prospective borrower.

(2) Subject to any condition which the Commissioner may impose to prevent a false impression regarding the scope or degree of protection provided by this subtitle, the Commissioner may permit or require a licensee to refer in his advertising to the fact that his business is under State supervision.
Md. Code, Alcoholic Beverages and Cannabis § 12-503 — MD Code / Article gab / Title 12 / Subtitle 5 / Section 12-503
§12–503.
Status: in_force

(a) A holder of a wholesaler’s license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day.

(b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.
Md. Code, Housing and Community Development § 12-503 — MD Code / Article ghs / Title 12 / Subtitle 5 / Section 12-503
§12–503.
Status: in_force

(a) If authorized under its articles of organization, an authority within its area of operation may:

(1) make mortgage loans and mortgage subsidy payments to or for the benefit of persons of eligible income;

(2) make construction loans and long-term mortgage loans to any person to produce housing for persons of eligible income;

(3) purchase mortgages secured by housing for persons of eligible income;

(4) subject to any applicable agreement, allow a number of residents of a housing project or a part of one that the authority finances to have incomes above the levels for persons of eligible income, if the number does not exceed the percentage allowed in the articles of organization, which may not exceed 80%;

(5) acquire, develop, construct, rehabilitate, own, operate, and lease, as lessor or lessee, commercial facilities on the site of a housing project that make an economic or social contribution to the housing project, if:

(i) the commercial facilities are intended substantially for the use and benefit of the tenants of the housing project; and

(ii) the intended use by other persons is incidental;

(6) with the approval of the legislative body and the chief elected official, acquire, develop, construct, rehabilitate, own, operate, and lease, as lessor or lessee, commercial facilities that:

(i) are adjacent to the site of a housing project;

(ii) are not intended substantially for the use and benefit of the tenants of the housing project; or

(iii) are intended for use more than incidentally by persons other than the tenants of the housing project; and

(7) act and invest as a general partner and as a limited partner in housing projects.

(b) This section does not limit the powers granted to authorities by other titles in this Division II.