Md. Code, Commercial Law § 12-506 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-506
§12–506.
Status: in_force

(a) In an open end account:

(1) The finance charge may not exceed 1.5 percent a month on that part of the outstanding balance not exceeding $700;

(2) The finance charge may not exceed 1 percent per month on that part of the outstanding balance exceeding $700;

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, the finance charge may not exceed 2 percent per month on that part of the outstanding balance originating on or after July 1, 1982;

(4) Including a credit card plan that provides for sales, cash advances, or both, the buyer or borrower may not be required to pay a membership fee for the privilege of participating in the plan;

(5) If made at a rate pursuant to paragraph (3) of this subsection, the seller or holder may not contract for, charge, or receive any compounded interest or compounded finance charge; and

(6) A seller or financial institution may assess either, but not both:

(i) A finance charge equal to the rate of interest charged on past due accounts as provided in the agreement; or

(ii) A late payment charge.

(b) In an open end account, if a finance charge is applied to all outstanding balances within a range not exceeding $10, the finance charge may be computed on the basis of the median amount within the range.

(c) For the purpose of computing the outstanding balance of an open end account subject to the finance charge, the outstanding balance:

(1) On any day may not exceed the sum of the total charges to the account less the amounts paid or credited to the account before that day; or

(2) May be computed by the average daily balance method except that a finance charge may not be assessed on an account if the outstanding balance is paid in full 25 days after the billing cycle.

(d) In an open end account, (1) the finance charge in any given month may not exceed an amount which may be assessed pursuant to subsection (c)(2) of this section; and (2) if there is no balance at the beginning of a billing cycle, a finance charge may not be assessed on any charge added to the account during that billing cycle from the date of purchase to the end of that billing cycle.

(e) A finance charge for a monthly period may not be imposed on an open end account unless the periodic statement for that month is mailed to the buyer at least 15 days before the end of the next billing cycle.

(f) (1) If a seller or financial institution establishes two or more open end accounts for an individual buyer, the seller or financial institution may not impose a higher rate of finance charge than would be obtained if there was but one open end account between the buyer and the seller or financial institution.

(2) A seller does not establish two open end accounts within the meaning of this subsection solely because the seller accepts payment from a financial institution, as directed by a buyer by use of a credit card issued to the buyer by the financial institution, and also establishes an account directly payable to him by the buyer.

(g) Regardless of the date of actual posting of a payment to an account, the payment shall be credited to the customer’s account as of the date the payment is received by the creditor, and no finance charge, late payment charge, or other charge shall be imposed with respect to the amount of the payment which is properly received by the creditor on or before the time indicated by the creditor as necessary to avoid imposition thereof, provided that:

(1) If a creditor fails to post the customer’s payment in time to avoid the imposition of finance charges, late payment charges, or other charges, the creditor shall adjust the customer’s account so that the finance charges, late payment charges, or other charges are credited to the account during the customer’s next billing cycle.

(2) For the purposes of paragraph (g) of this section the creditor may specify on the periodic statement or on accompanying material that need not be retained by the customer, reasonable requirements with respect to the form, amount, manner, location, and time for receipt of payments, except that:

(i) If no particular hour of the day has been clearly specified by the creditor as the time by which payment must be received by the creditor in order to obtain crediting to the customer’s account as of that date, payments received prior to the close of business on that day must be credited as of that date;

(ii) If no location(s) has been clearly specified as the location(s) at which payment may be made, then payment at any location where the creditor conducts business shall be credited as of the date payment is presented; and

(iii) If no particular manner of payment has been clearly specified, then payment by check, cash, money order, bank draft or other similar instrument in properly negotiable form shall constitute proper manner of payment.

(3) If the creditor accepts payment at locations other than those specified under paragraph (g)(2)(ii) of this section, the creditor shall credit the customer’s account promptly (in no case later than five days from the date of receipt), provided that the possibility of the delay is clearly disclosed to the customer on the periodic statement or on accompanying material that need not be retained by the customer.

(4) Payments need not be credited as of the date of receipt (but in any case must be credited promptly) if a delay in crediting does not result in the imposition of any finance charges, late payment charges, or other charges for that billing cycle or a later billing cycle.

(h) (1) A seller or financial institution that imposes a finance charge in connection with an open end account may not directly or indirectly contract for, charge, or receive from the buyer any finance charge, discount, fine, commission, charge, brokerage, or other consideration on that account in excess of that permitted by this section.

(2) If a credit card plan allows for both purchases and the extension of cash advances, the charges prohibited by this section may not be imposed as to either function.
Md. Code, Education § 12-201 — MD Code / Article ged / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

(a) (1) The Board shall establish:

(i) A Council of University System Presidents;

(ii) A Council of University System Faculty;

(iii) A Council of University System Staff; and

(iv) A University System Student Council.

(2) These councils shall serve in an advisory capacity to the Chancellor and may, from time to time, make reports and recommendations to the Board.

(b) The Board may appoint committees to advise it in exercising its authority.
Md. Code, Public Safety § 12-1002 — MD Code / Article gps / Title 12 / Subtitle 10 / Section 12-1002
§12–1002.
Status: in_force

(a) This subtitle is effective notwithstanding any other provisions of law.

(b) This subtitle does not supersede the planning, zoning, or subdivision authority of local jurisdictions, the Maryland-National Capital Park and Planning Commission, or the Washington Suburban Sanitary Commission.
Md. Code, State Personnel and Pensions § 12-101 — MD Code / Article gsp / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

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

(b) “Employer” means one or more of the following:

(1) an employee’s appointing authority;

(2) an employee’s principal unit; or

(3) the Department of Budget and Management.

(c) “Exclusive representative” has the meaning stated in § 3–101 of this article.

(d) (1) “Grievance” means a dispute between an employee and the employee’s employer about the interpretation of and application to the employee of:

(i) a personnel policy or regulation adopted by the Secretary;

(ii) any other policy or regulation over which management has control; or

(iii) any term or condition of a memorandum of understanding between the State and the exclusive representative.

(2) “Grievance” does not include a dispute about:

(i) a pay grade or range for a class;

(ii) the amount or the effective date of a statewide pay increase;

(iii) the establishment of a class;

(iv) the assignment of a class to a service category;

(v) the establishment of classification standards;

(vi) a mid–year performance appraisal; or

(vii) an oral reprimand or counseling.
Md. Code, State Personnel and Pensions § 12-402 — MD Code / Article gsp / Title 12 / Subtitle 4 / Section 12-402
§12–402.
Status: in_force

(a) Except as provided in subsection (b) of this section, the remedies available to a grievant under this title are limited to the restoration of the rights, pay, status, or benefits that the grievant otherwise would have had if the contested policy, procedure, or regulation had been applied appropriately as determined by the final decision maker.

(b) (1) A decision maker at Step Two or Step Three of the grievance procedure:

(i) may order an appointing authority to grant back pay; and

(ii) on a finding that wages were withheld in violation of §§ 2–402 and 2–407 of this article, shall order the payment of damages in accordance with § 2–407(c) of this article.

(2) (i) In a reclassification grievance back pay may be awarded for a period not exceeding 1 year before the grievance procedure was initiated.

(ii) A back pay order under this paragraph is in the discretion of the Secretary and the Office of Administrative Hearings.

(3) Subject to the limitations in Title 14, Subtitle 2 of this article, an appointing authority shall carry out a back pay order or damages order issued under this subsection.
Md. Code, Financial Institutions § 12-1104 — MD Code / Article gfi / Title 12 / Subtitle 11 / Section 12-1104
§12–1104.
Status: in_force

The Commissioner may adopt regulations to implement this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 12-1101 — MD Code / Article gab / Title 12 / Subtitle 11 / Section 12-1101
§12–1101.
Status: in_force

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

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

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

(b) Section 4–1105 (“Refillable container permit — Wine”) of Division I of this article does not apply in the City.

(c) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the City:

(1) § 4–1104 (“Refillable container permit — Draft beer”), subject to § 12–1102 of this subtitle; and

(2) § 4–1106 (“Nonrefillable container permit — Draft beer”), subject to § 12–1102.1 of this subtitle.
Md. Code, Public Utilities § 12-306 — MD Code / Article gpu / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

Proceedings under this subtitle may be used to:

(1) convert an existing electric or communication facility; and

(2) construct, reconstruct, or relocate any other related electric or communication facility.
Md. Code, Housing and Community Development § 12-401 — MD Code / Article ghs / Title 12 / Subtitle 4 / Section 12-401
§12–401.
Status: in_force

(a) It is State policy that an authority:

(1) shall manage and operate its housing projects efficiently to enable it to fix the rent for housing units at the lowest rates consistent with its providing decent, safe, and sanitary housing units and meeting the financial needs under subsection (b) of this section; but

(2) may not operate for profit or as a source of revenue to the political subdivision.

(b) An authority shall fix the rents for housing units in its housing projects at rates no higher than it finds necessary to produce revenues that with all other available money, revenue, income, and receipts will be sufficient to:

(1) pay the principal and interest on bonds of the authority, as they become due;

(2) pay and provide for maintaining and operating the housing projects, including the cost of insurance and the administrative expenses of the authority;

(3) (i) create during a period of at least 6 years right after it issues any bonds, a reserve that can meet the largest principal and interest payments that will be due on the bonds in any year thereafter; and

(ii) maintain the reserve;

(4) create reserves for operations, emergencies, renovations, replacements, and the repayment of debt; and

(5) create funds necessary or desirable to:

(i) subsidize rents;

(ii) develop or operate housing projects; or

(iii) operate or provide services located in housing projects or that otherwise benefit their residents.
Md. Code, Commercial Law § 12-1025 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1025
§12–1025.
Status: in_force

(a) A credit grantor who receives scheduled monthly periodic payments on more than five loans secured by any interest in residential real property or tangible personal property shall furnish to the consumer borrower a written statement informing the consumer borrower of the amount of:

(1) If the interest and charges on the loan were precomputed:

(i) Payments credited to reducing the outstanding unpaid balance of the loan, either in terms of a total dollar figure or individually itemized; and

(ii) The remaining outstanding unpaid balance of the loan; or

(2) If the interest and charges on the loan were not precomputed:

(i) Payments credited to reducing the outstanding unpaid principal balance of the loan, either in terms of a total dollar figure or individually itemized;

(ii) Payments credited to interest and fees, either in terms of a total dollar figure or individually itemized; and

(iii) The remaining outstanding unpaid principal balance of the loan.

(b) At the option of the credit grantor, each written statement shall contain the information required in subsection (a)(1)(i) and (2)(i) and (ii) of this section either from the date the loan was made or, if previous written statements have been furnished to the consumer borrower, from the date of the last written statement.

(c) The written statement shall be furnished to the consumer borrower:

(1) In the case of loans secured by any interest in residential real property, at least annually; and

(2) In the case of loans secured by any interest in residential real property or tangible personal property, within a reasonable time after receipt of a written request of a consumer borrower provided the request is made at a reasonable time or interval since the furnishing of the last written statement.

(d) A credit grantor may charge a fee of up to $5 for each written statement requested by a consumer borrower.
Md. Code, Economic Development § 12-105 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: reserved

(a) To accomplish one or more of the legislative purposes listed in § 12-103(b) of this subtitle, the legislative body of a county or municipal corporation may adopt a resolution to create an industrial development authority in accordance with this subtitle.

(b) A resolution adopted under subsection (a), (f), or (g) of this section:

(1) is administrative in nature;

(2) is not subject to referendum; and

(3) in a county or municipal corporation that has a publicly elected chief executive, is subject to approval by the chief executive.

(c) Subsection (a) of this section is self-executing and fully authorizes a county or municipal corporation to establish an authority, notwithstanding any other statutory or charter provision.

(d) A resolution adopted under subsection (a) of this section shall include proposed articles of incorporation of the authority that state:

(1) the name of the authority, which shall be “Industrial Development Authority of (name of the incorporating county or municipal corporation)”;

(2) that the authority is formed under this subtitle;

(3) the names, addresses, and terms of office of the initial members of the board of directors of the authority;

(4) the address of the principal office of the authority;

(5) the purposes for which the authority is formed; and

(6) the powers of the authority subject to the limitations on the powers of an authority under this subtitle.

(e) (1) The chief executive of the incorporating county or municipal corporation, or any other official designated in the resolution establishing the authority, shall execute and file the articles of incorporation of the authority for record with the State Department of Assessments and Taxation.

(2) When the State Department of Assessments and Taxation accepts the articles of incorporation for record, the authority becomes a body politic and corporate and an instrumentality of the incorporating county or municipal corporation.

(3) Acceptance of the articles of incorporation for record by the State Department of Assessments and Taxation is conclusive evidence of the formation of the authority.

(f) (1) By resolution, the legislative body of the incorporating county or municipal corporation may adopt an amendment to the articles of incorporation of the authority.

(2) Articles of amendment may contain any provision that lawfully could be contained in articles of incorporation at the time of the amendment.

(3) The articles of amendment shall be filed for record with the State Department of Assessments and Taxation.

(4) The articles of amendment are effective as of the time the State Department of Assessments and Taxation accepts the articles for record.

(5) Acceptance of the articles of amendment for record by the State Department of Assessments and Taxation is conclusive evidence that the articles have been lawfully and properly adopted.

(g) (1) Subject to the provisions of this section and any limitations imposed by law on the impairment of contracts, the incorporating county or municipal corporation, in its sole discretion, by resolution may:

(i) set or change the structure, organization, procedures, programs, or activities of the authority; or

(ii) terminate the authority.

(2) On termination of an authority:

(i) title to all property of the authority shall be transferred to and vest in the incorporating county or municipal corporation; and

(ii) all obligations of the authority shall be transferred to and assumed by the incorporating county or municipal corporation.
Md. Code, Public Safety § 12-504 — MD Code / Article gps / Title 12 / Subtitle 5 / Section 12-504
§12–504.
Status: reserved

(a) (1) A local jurisdiction may adopt local amendments to the Standards if the local amendments do not:

(i) prohibit the minimum implementation and enforcement activities set forth in § 12–505 of this subtitle;

(ii) weaken energy conservation and efficiency provisions contained in the Standards;

(iii) except as provided in paragraph (3) of this subsection, weaken the automatic fire sprinkler systems provisions for townhouses and one– and two–family dwellings contained in the Standards; or

(iv) weaken wind design and wind–borne debris provisions contained in the Standards.

(2) (i) Regardless of whether the International Green Construction Code is adopted by the Department under § 12–503(d) of this subtitle, a local jurisdiction may adopt the International Green Construction Code.

(ii) A local jurisdiction may make local amendments to the International Green Construction Code.

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

(i) standards governing issuance of a building permit for a property not connected to an electrical utility; or

(ii) until January 1, 2016, standards governing issuance of a building permit for a new one– or two–family dwelling constructed on:

1. a lot subject to a valid unexpired public works utility agreement that was executed before March 1, 2011; or

2. a lot served by an existing water service line from a water main to the property line that:

A. is less than a nominal 1–inch size;

B. is approved and owned by the public or private water system that owns the mains;

C. was installed before March 1, 2011; and

D. is fully operational from the public or private main to a curb stop or meter pit located at the property line.

(b) If a local jurisdiction adopts a local amendment to the Standards, the Standards as amended by the local jurisdiction apply in the local jurisdiction.

(c) If a local amendment conflicts with the Standards, the local amendment prevails in the local jurisdiction.

(d) A local jurisdiction that adopts a local amendment to the Standards shall ensure that the local amendment is adopted in accordance with applicable local law.

(e) To keep the database established under this subtitle current, a local jurisdiction that adopts a local amendment to the Standards shall provide a copy of the local amendment to the Department:

(1) at least 15 days before the effective date of the amendment; or

(2) within 5 days after the adoption of an emergency local amendment.
Md. Code, Business Regulation § 12-205 — MD Code / Article gbr / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

(a) Upon receipt of a complete national and State criminal record report from the Central Repository in accordance with § 12-204 of this subtitle, the Secretary shall issue a license to each applicant who meets the requirements of this subtitle.

(b) The Secretary:

(1) may issue a license only for a fixed business address; but

(2) may not issue a license for an address that is:

(i) a hotel or motel room;

(ii) a motor vehicle;

(iii) a post office box; or

(iv) a location which does not meet the qualifications as defined in § 12-101(d) of this title.

(c) The Secretary may not issue more than 1 license for any single business location unless the dealers at that location are in partnership.

(d) The Secretary may not issue a license to a minor.

(e) Whenever a license is suspended or revoked, another license may not be issued to a dealer for the same business location unless the applicant provides the documentation and information, which the Secretary establishes by regulation, is necessary to demonstrate that the applicant will be engaging in a business which is separate and independent from the business of the revoked or suspended license.
Md. Code, Housing and Community Development § 12-501 — MD Code / Article ghs / Title 12 / Subtitle 5 / Section 12-501
§12–501.
Status: in_force

An authority is a public body corporate and politic that:

(1) exercises public and essential governmental functions; and

(2) has all the powers necessary or convenient to carry out the purposes of this Division II.
Md. Code, State Government § 12-401 — MD Code / Article gsg / Title 12 / Subtitle 4 / Section 12-401
§12–401.
Status: in_force

In this subtitle, “State personnel” means:

(1) a regular employee of the State whose compensation:

(i) is provided by a State appropriation; or

(ii) is paid wholly or partly from State funds;

(2) an employee who is under the jurisdiction of the Department of Budget and Management;

(3) an officer, warrant officer, or enlisted member of the organized militia;

(4) an employee of the Maryland Port Administration, as described in § 6–204(n) of the Transportation Article;

(5) a member or employee of a board of trustees for a community college;

(6) except in Montgomery County, an employee of a county health department;

(7) a member or employee of the Baltimore City Board of School Commissioners or of a county board of education;

(8) a member of the Board of Visitors of the Maryland School for the Deaf;

(9) a member or employee of a board of supervisors for a soil conservation district;

(10) a person who, as a volunteer, is providing a service to or for the State;

(11) a person who, for or under contract with a unit of the State or a local government, performs an emergency service during a state of emergency under Title 14 of the Public Safety Article;

(12) any other individual who, with or without compensation, holds a position that requires the exercise of discretion and of a part of the sovereignty of the State;

(13) any other State officer or State employee; and

(14) a Montgomery County employee who administers a State program under Title 3, Subtitle 4 of the Human Services Article.
Md. Code, Health Occupations § 12-317 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-317
§12–317.
Status: in_force

(a) In this section, “pharmacist rehabilitation committee” means a group that:

(1) Includes at least one pharmacist; and

(2) Is recognized by the Board.

(b) For purposes of this section, a pharmacist rehabilitation committee evaluates and provides assistance to any pharmacist, registered pharmacy intern, or registered pharmacy technician in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(c) (1) Except as otherwise provided in this section, the proceedings, records, and files of a pharmacist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the pharmacist rehabilitation committee.

(2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the pharmacist rehabilitation committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial.

(3) For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

(d) A person who acts in good faith and within the scope of jurisdiction of a pharmacist rehabilitation committee is not civilly liable for any action as a member of the pharmacist rehabilitation committee or for giving information to, participating in, or contributing to the function of the pharmacist rehabilitation committee.
Md. Code, Business Occupations and Professions § 12-311 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-311
§12–311.
Status: in_force

(a) (1) Each master plumber shall display:

(i) the master plumber license and the license number conspicuously in the principal place of business of the master plumber; and

(ii) the license number of the master plumber license on each vehicle used on the job for providing plumbing services.

(2) Each holder of a limited master plumber license shall display:

(i) the limited master plumber license and the license number conspicuously in the principal place of business of the holder of the limited master plumber license; and

(ii) the license number of the limited master plumber license on each vehicle used on the job for providing plumbing services.

(3) Each holder of a propane gas fitter certificate shall display:

(i) the propane gas fitter certificate and the certificate number conspicuously in the principal place of business of the certificate holder; and

(ii) the certificate number of the propane gas fitter certification on each vehicle used on the job in providing propane gas services.

(4) Each holder of a master natural gas fitters license shall display:

(i) the master natural gas fitters license and the license number conspicuously in the principal place of business of the license holder; and

(ii) the license number of the master natural gas fitters license on each vehicle used on the job for providing natural gas services.

(b) (1) Except as provided in paragraph (2) of this subsection, a county or municipal corporation may not require a person licensed under this subtitle to display a county or municipal corporation certificate number on each vehicle used on the job for providing plumbing, natural gas fitting, or propane gas fitting services.

(2) This subsection does not apply to Baltimore County or the areas in the State under the jurisdiction of the Washington Suburban Sanitary Commission.

(c) Each licensee shall give the Board and any appropriate licensing authority written notice of any change of name, address, or employment from that which appears on the current license, at least 10 working days before the change is to take effect.
Md. Code, Criminal Law § 12-201 — MD Code / Article gcr / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

In this subtitle, “lottery device” means a policy, certificate, or other thing by which a person promises or guarantees that a number, character, ticket, or certificate will, when an event or contingency occurs, entitle the purchaser or holder to receive money, property, or evidence of debt.
Md. Code, Public Safety § 12-406 — MD Code / Article gps / Title 12 / Subtitle 4 / Section 12-406
§12–406.
Status: in_force

(a) A person may not in the State knowingly sell, install, consent, or cause to be installed glazing material other than safety glazing material in, or for use in, a hazardous location.

(b) A worker who is an employee of a contractor, subcontractor, or other employer responsible for compliance with this subtitle, is not liable for a violation of this subtitle.
Md. Code, Health Occupations § 12-6D-02 — MD Code / Article gho / Title 12 / Subtitle 6D / Section 12-6D-02
§12–6D–02.
Status: in_force

Except as otherwise provided in this title, an individual shall be registered and approved by the Board as a registered pharmacy intern before the individual may practice pharmacy under the direct supervision of a licensed pharmacist in accordance with this subtitle.
Md. Code, Health Occupations § 12-205 — MD Code / Article gho / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

(a) In addition to the powers set forth elsewhere in this title, the Board may adopt:

(1) Rules and bylaws that are necessary to do its business;

(2) Rules and regulations to carry out the provisions of this title;

(3) Rules and regulations that are necessary to protect the public health, safety, and welfare and that establish standards for practicing pharmacy and operating pharmacies, including rules and regulations that govern:

(i) Methods of advertising and promotion; and

(ii) Standards for filling and refilling prescriptions; and

(4) A code of conduct that specifies which behaviors are either required or prohibited in the practice of pharmacy.

(b) In addition to the duties set forth elsewhere in this title, the Board shall:

(1) Keep a record that includes:

(i) The name and place of the business or the home address of each licensed pharmacist, each registered pharmacy technician, and each registered pharmacy intern;

(ii) The facts concerning the issuance of that pharmacist’s license;

(iii) The facts concerning the issuance of that pharmacy technician’s registration; and

(iv) The facts concerning the issuance of that pharmacy intern’s registration;

(2) Prepare and deliver to the Governor, the Secretary, and the Maryland Pharmacists Association an annual report that:

(i) Summarizes the condition of pharmacy in this State; and

(ii) Includes a record of the proceedings of the Board; and

(3) Disclose any information contained in a record to any health occupations regulatory board or agency of this State or another state if the health occupations regulatory board or agency of this State or another state requests the information in writing.

(c) In addition to the duties set forth elsewhere in this title, the Board may initiate such programs and projects as deemed necessary to inform or protect the public.

(d) (1) The Board shall adopt standards for approving examinations under § 12-6B-02(b)(4) of this title.

(2) The Board shall approve any examination that meets the standards adopted under paragraph (1) of this subsection including:

(i) Employer based pharmacy technician examinations;

(ii) Nationally recognized pharmacy technician examinations; and

(iii) Examinations for certification as a pharmacy technician.
Md. Code, Commercial Law § 12-615 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-615
§12–615.
Status: in_force

(a) (1) If, in addition to any down payment, a buyer is required under an installment sale agreement to make a payment to a seller before the seller is obligated to deliver the goods sold, the buyer may cancel the installment sale agreement before delivery or tender of the goods by the seller.

(2) Notwithstanding any provision of the installment sale agreement, if it is canceled pursuant to this subsection, the seller shall refund to the buyer within ten days after notice of the cancellation an amount equal to at least 90 percent of all payments made by the buyer under the installment sale agreement, including any down payment.

(b) If, because of a down payment made under an installment sale agreement, the buyer is entitled to delivery of the goods before making any further payment and the buyer refuses to accept delivery of the goods in accordance with the installment sale agreement, all or part of his down payment may be forfeited to the extent provided in the installment sale agreement.
Md. Code, Public Utilities § 12-121 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-121
§12–121.
Status: in_force

(a) (1) This section applies to any action taken to address an emergency from the time the emergency arises until a standard ticket is initiated and valid under § 12–124 of this subtitle, including any work associated with stopping or mitigating the emergency.

(2) Subject to § 12–120(b) of this subtitle, if all reasonable precautions have been taken to protect underground facilities, § 12–120(a) of this subtitle and §§ 12–122 through 12–135 of this subtitle do not apply to an emergency excavation or demolition being performed to prevent danger to life, health, or property.

(b) A primary contractor or a person performing an emergency excavation or demolition to prevent or mitigate loss of or injury to life, health, property, or an essential public service shall:

(1) identify the location and extent of work, as stated in § 12–124(b)(1) of this subtitle, in a clear and concise manner;

(2) take all reasonable precautions to protect underground facilities in and near the excavation or demolition area; and

(3) immediately notify the one–call system serving the geographic area where the emergency excavation or demolition is performed to inform the appropriate owner–members of the excavation or demolition area.

(c) (1) The owner–member or its contract locator shall:

(i) respond to an emergency notice as soon as possible but not later than 2 hours from the transmission of the ticket from the one–call system; and

(ii) except for circumstances beyond an owner–member’s or contract locator’s control and for municipal corporations, considering the hours of operation and availability of employees:

1. begin the locating process to mark their respective underground facility or facilities within 3 hours after the transmission of the ticket; or

2. if the facility owner has no underground facilities within the delineated excavation area, clear the ticket within 3 hours after the transmission of the ticket.

(2) The person responsible for the excavation shall be on site or in communication with the owner–member, their contract locator, or their representative within 3 hours after the transmission of the ticket by the one–call system, or a mutually agreed response time.

(3) The owner–member or its contract locator shall respond to the underground facilities information exchange system as soon as:

(i) the extent of work is marked; or

(ii) it is determined that no underground facilities are in the delineated area.

(d) A person that abuses the emergency excavation and demolition procedure set forth in this section is subject to penalties under § 12–135 of this subtitle.
Md. Code, Economic Development § 12-610 — MD Code / Article gec / Title 12 / Subtitle 6 / Section 12-610
§12–610.
Status: in_force

(a) Within 10 days after the authorization of the district by the governing body of the county or a municipal corporation in the county, the district corporation shall provide the governing body of the county or a municipal corporation in the county with a preliminary business improvement district tax roll.

(b) (1) The governing body of the county or a municipal corporation in the county shall impose a business improvement district tax to provide funds for the operation of the district.

(2) The governing body of the county or a municipal corporation in the county shall impose on members of the district who are owners of nonexempt property the district tax at a rate specified by the board and approved by the governing body.

(3) The tax imposed under this subsection may not count against a county or municipal corporation tax cap.

(c) The district tax shall be collected in the same manner as real property taxes are collected and distributed each quarter to the district.

(d) A district shall reimburse the governing body of the county or a municipal corporation in the county for the costs incurred in collecting the district tax.
Md. Code, Business Occupations and Professions § 12-504 — MD Code / Article gbo / Title 12 / Subtitle 5 / Section 12-504
§12–504.
Status: in_force

Each plumbing advertisement in the name of a person who engages in the business of providing plumbing services shall contain the license number and name of a master plumber or holder of a limited master plumber license whom the person employs and designates to direct and control the provision of plumbing services through the business of the person.
Md. Code, Health Occupations § 12-507 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-507
§12–507.
Status: in_force

(a) A pharmacist who provides prescription services to medical assistance recipients shall offer to discuss with each medical assistance recipient or caregiver who presents a prescription order for outpatient drugs any matter which, in the exercise of the pharmacist’s professional judgment, the pharmacist deems significant, which may include the following:

(1) The name and description of the medication;

(2) The route, dosage form, dosage, route of administration, and duration of drug therapy;

(3) Special directions and precautions for preparation, administration, and use by the patient;

(4) Common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur;

(5) Techniques for self-monitoring drug therapy;

(6) Proper storage;

(7) Prescription refill information; and

(8) Action to be taken in the event of a missed dose.

(b) The offer to discuss may be made in the manner determined by the professional judgment of the pharmacist, which shall include either:

(1) A face-to-face communication with the pharmacist; or

(2) At least 2 of the following:

(i) A sign posted so it can be seen by patients;

(ii) A notation affixed to or written on the bag in which the prescription is to be dispensed;

(iii) A notation contained on the prescription container; or

(iv) Communication by telephone.

(c) Nothing in this section shall be construed as requiring a pharmacist to provide consultation if the medical assistance recipient or caregiver refuses the consultation.

(d) A pharmacist must make a reasonable effort to obtain, record, and maintain, at the individual pharmacy, at least the following information regarding a medical assistance recipient:

(1) Name, address, telephone number, date of birth or age, and gender;

(2) Individual history when significant, including disease state or states, known allergies and drug reactions, and a comprehensive list of medications and relevant devices; and

(3) Pharmacist comments relevant to the individual’s drug therapy which may be recorded either manually or electronically in the patient’s profile.

(e) This section shall apply only to medical assistance recipients presenting prescriptions for covered outpatient drugs.

(f) The requirements of this section do not apply to refill prescriptions.

(g) The Secretary, after consultation with the Maryland Pharmacists Association and the Maryland Association of Chain Drug Stores, shall adopt regulations in accordance with pharmacy practices in Maryland to implement the provisions of this section.
Md. Code, Transportation § 12-305 — MD Code / Article gtr / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

(a) An application for a license, an identification card, or a moped operator’s permit shall allow an applicant to indicate that the sex the applicant identifies as is:

(1) Female;

(2) Male; or

(3) Unspecified or other.

(b) The Administration shall ensure that the license, identification card, or moped operator’s permit of an applicant who has indicated an unspecified or other sex on an application displays an “X” in the location on the license, identification card, or moped operator’s permit that indicates the applicant’s sex.

(c) The Administration may not:

(1) Require an applicant for a license, an identification card, or a moped operator’s permit to provide proof of the applicant’s sex; or

(2) Deny an application for a license, an identification card, or a moped operator’s permit because the sex selected by the applicant does not match the sex indicated on another document associated with the applicant.
Md. Code, Local Government § 12-530 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-530
§12–530.
Status: in_force

(a) This section does not apply to a privately owned road in Calvert County that was constructed on or before September 30, 2011.

(b) By ordinance, the County Commissioners of Calvert County may:

(1) regulate the grading, constructing, improving, maintaining, and repairing of county roads and new roads intended for future public use, including roads proposed for any subdivision approved by the Calvert County Planning Commission, whether recorded or proposed, including sidewalks, curbs, gutters, driveway entrances, storm drainage facilities, and appurtenances to be located in the subdivision;

(2) establish standards for utility cuts in and across county rights–of–way;

(3) regulate access to county–owned roads;

(4) establish minimum standards to which a new road in a subdivision in Calvert County must be constructed before the issuance of a building permit for a lot served by the road;

(5) regulate the engineering and constructing of any new public road, bridge, sidewalk, curb, gutter, and storm drainage facility proposed for acceptance into the county roads system;

(6) regulate the acceptance of any new public road, bridge, sidewalk, curb, gutter, and storm drainage facility into the county roads system;

(7) establish fees to defray the cost of reviewing plans and performing inspections for the construction of roads and for utility cuts in accordance with an ordinance enacted under this section; and

(8) provide for a civil penalty for violation of an ordinance enacted under this section.

(c) A violation of an ordinance enacted under this section shall be enforced in the same manner and to the same extent as provided for municipal infractions under §§ 6–108 through 6–115 of this article.

(d) In addition to any remedies provided for under an ordinance enacted under this section, the County Commissioners of Calvert County may seek other remedies provided by law.
Md. Code, Commercial Law § 12-922 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-922
§12–922.
Status: in_force

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

(2) “Borrower” means a consumer borrower who makes an application for a loan secured by a first mortgage or first deed of trust on residential real property to be occupied by the borrower as the borrower’s primary residence.

(3) “Commitment” means a written, specific, binding agreement between a borrower and a lender which sets forth the terms of a loan being extended to the borrower.

(4) “Financing agreement” means a written agreement between a borrower and a lender that:

(i) Sets forth the terms of a purchase money loan or a refinancing of an existing loan that:

1. Results in or is secured by a first mortgage or a first deed of trust on residential real property to be occupied by the borrower; and

2. Is offered or extended to the borrower; or

(ii) Is a shared appreciation agreement.

(5) (i) “Lender” means a credit grantor subject to the licensing requirements of Title 11, Subtitle 5 of the Financial Institutions Article.

(ii) “Lender” does not include a credit grantor exempt from licensing under § 11–502 of the Financial Institutions Article.

(6) (i) “Loan application” means any oral or written request for an extension of credit that is made in accordance with procedures established by a lender for the purpose of inducing the lender to seek to procure or make a mortgage loan.

(ii) “Loan application” does not include the use of an account or line of credit to obtain a loan within a previously established credit limit.

(b) (1) A lender who offers to make or procure a loan secured by a first mortgage or first deed of trust on residential real property to be occupied by the borrower shall provide the borrower with a financing agreement executed by the lender within 10 business days after the date the loan application is completed.

(2) The financing agreement shall provide:

(i) The term and principal amount of the loan;

(ii) An explanation of the type of mortgage loan being offered;

(iii) The rate of interest that will apply to the loan and, if the rate is subject to change or is a variable rate or is subject to final determination at a future date based on some objective standard, a specific statement of those facts;

(iv) The points, if any, to be paid by the borrower or the seller, or both; and

(v) The term during which the financing agreement remains in effect.

(3) If all the provisions of the financing agreement are not subject to future determination, change, or alteration during its term, the financing agreement shall constitute the final binding agreement between the parties as to the items covered by the financing agreement.

(c) (1) If any of the provisions of the financing agreement are subject to change or determination after its execution, the lender shall provide the borrower with a commitment, executed by the lender, at least 72 hours before the time of settlement agreed to by the parties, providing:

(i) The effective fixed interest rate or initial interest rate that will be applied to the loan; and

(ii) A restatement of all the remaining unchanged provisions of the financing agreement.

(2) Subsequent to execution of the financing agreement, the borrower may waive in writing the 72–hour advance presentation requirement and accept the commitment at settlement only if compliance with the 72–hour requirement is shown by the lender to be infeasible.

(d) (1) A borrower aggrieved by any violation of this section shall be entitled to bring a civil suit for damages, including reasonable attorney’s fees, against the lender.

(2) The penalties set out under § 12–918 of this subtitle do not apply to any violation of this section.
Md. Code, Corporations and Associations § 12-801 — MD Code / Article gca / Title 12 / Subtitle 8 / Section 12-801
§12–801.
Status: in_force

(a) (1) Except with respect to a tax collectible locally, the State Comptroller shall certify to the Department, as soon as practicable after October 1 of each year, a list of every Maryland statutory trust that has not paid a tax that was due before October 1 of the year.

(2) When the Comptroller certifies the list to the Department, the Comptroller shall mail to each listed statutory trust, at the statutory trust’s address as it appears on the Comptroller’s records, a notice that the statutory trust’s right to do business in the State and the right to the use of its name will be forfeited unless the statutory trust pays all taxes, interest, and penalties due.

(3) The failure of a statutory trust to receive the notice mailed in accordance with paragraph (2) of this subsection does not affect the forfeiture of the statutory trust’s right to do business in the State or to use its name.

(b) (1) As soon as practicable after October 1 of each year, the Secretary of Labor shall certify to the Department a list of every Maryland statutory trust that has not paid an unemployment insurance contribution or made a reimbursement payment that was due before October 1 of the year.

(2) When the Secretary certifies the list to the Department, the Secretary shall mail to each listed statutory trust, at the statutory trust’s address as it appears on the Secretary’s records, a notice that the statutory trust’s right to do business in the State and the right to the use of its name will be forfeited unless the statutory trust pays all contributions, reimbursement payments, interest, and penalties due.

(3) The failure of a statutory trust to receive the notice mailed in accordance with paragraph (2) of this subsection does not affect the forfeiture of the statutory trust’s right to do business in the State or to use its name.

(c) As soon as practicable after October 1 of each year, the Department shall certify a list of every Maryland statutory trust that has not filed an annual report with the Department for the prior year as required by law or has not paid a tax that was due before October 1 of the year.

(d) After the lists are certified, the Department shall issue a proclamation declaring, for each statutory trust included on a list, that, subject to § 12–810 of this subtitle, the right to do business in the State and to use the name of the statutory trust is forfeited as of the date of the proclamation, without proceedings of any kind at law or at equity.
Md. Code, Public Safety § 12-507 — MD Code / Article gps / Title 12 / Subtitle 5 / Section 12-507
§12–507.
Status: in_force

(a) The Department may:

(1) develop a voluntary forum that may be used, on request of a local jurisdiction, to resolve conflicts that involve the Standards; and

(2) adopt regulations to carry out this subtitle.

(b) The Department:

(1) shall notify each local jurisdiction of each change to the International Building Code and the impact the change will have on the local amendments in that local jurisdiction;

(2) in conjunction with the Maryland Building Officials Association and other interested organizations, shall provide training for local building officials on the Standards and certify the participation of local building officials in the training;

(3) on request, shall provide a local jurisdiction with technical assistance to implement and enforce the Standards; and

(4) on request by a local jurisdiction and in consultation with the Office of the Attorney General, shall provide guidance for the implementation and enforcement of the Standards in relation to any religious observance, practice, or belief.
Md. Code, Public Safety § 12-405 — MD Code / Article gps / Title 12 / Subtitle 4 / Section 12-405
§12–405.
Status: in_force

(a) (1) Except as provided in subsection (c) of this section, each light of safety glazing material manufactured, imported, or sold for use in a hazardous location or installed in a hazardous location in the State shall be permanently labeled by etching, sandblasting, firing of ceramic material, hot-die stamping, or other means.

(2) The label shall be legible and visible after installation.

(b) The label shall:

(1) identify the labeler;

(2) identify whether the labeler is a manufacturer, fabricator, or installer;

(3) identify the nominal thickness and type of safety glazing material; and

(4) state that the safety glazing material meets the test requirements of the ANSI Standard.

(c) Wire glass, laminated glass, or rigid plastic that is further fabricated after manufacture need not be permanently labeled if the seller or installer of the material gives each buyer of the material a certificate that states that the wire glass, laminated glass, or rigid plastic meets the test requirements of the ANSI Standard.

(d) Safety glazing labeling may not be used on material other than safety glazing material.
Md. Code, Business Occupations and Professions § 12-307 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-307
§12–307.
Status: in_force

(a) While a master plumber license is in effect, it authorizes the licensee to provide plumbing services.

(b) While a journey plumber license is in effect, it authorizes the licensee to provide plumbing services only under the direction and control of a master plumber or a holder of a limited master plumber license.

(c) While an apprentice plumber license is in effect, it authorizes the licensee to assist in providing plumbing services only under the direction and control of a master plumber or a holder of a limited master plumber license.

(d) While a propane gas fitter certificate is in effect, it authorizes the certificate holder to provide propane gas services and to directly supervise others in the provision of those services in every political subdivision of the State.

(e) While a master natural gas fitters license is in effect, it authorizes the licensee to provide natural gas services.

(f) While a journeyman natural gas fitters license is in effect, it authorizes the licensee to provide natural gas services only under the direction and control of a licensed master natural gas fitter.

(g) While an apprentice natural gas fitters license is in effect, it authorizes the licensee to provide natural gas service only under the direction and control of a licensed master natural gas fitter.
Md. Code, Public Utilities § 12-315 — MD Code / Article gpu / Title 12 / Subtitle 3 / Section 12-315
§12–315.
Status: in_force

(a) If a landowner fails to comply with § 12-313 of this subtitle, all overhead electric or communication facilities providing electric service or communication service to any building, structure, or other improvement on the property shall be disconnected and removed.

(b) At least 5 days before the disconnection, the landowner shall be provided written notice of the disconnection by leaving a copy of the notice at the principal building, structure, or other improvement located on the property.
Md. Code, Tax - General § 12-104 — MD Code / Article gtg / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

(a) “Consumer” means a person who possesses cigarettes or other tobacco products for a purpose other than selling or transporting the cigarettes or other tobacco products.

(b) The tobacco tax does not apply to:

(1) cigarettes that a licensed wholesaler under Title 16 of the Business Regulation Article is holding for sale outside the State or to a United States armed forces exchange or commissary;

(2) other tobacco products that an other tobacco products wholesaler licensed under Title 16.5 of the Business Regulation Article is holding for sale outside the State or to a United States armed forces exchange or commissary; or

(3) cigarettes or other tobacco products that:

(i) a consumer brings into the State:

1. if the quantity brought from another state does not exceed other tobacco products having a retail value of $100 or 5 cartons of cigarettes; or

2. if the quantity brought from a United States armed forces installation or reservation does not exceed other tobacco products having a retail value of $100 or 5 cartons of cigarettes;

(ii) a person is transporting by vehicle in the State if the person has, in the vehicle, the records required by § 16–219 or § 16.5–215 of the Business Regulation Article for the transportation of cigarettes or other tobacco products; or

(iii) are held in storage in a licensed storage warehouse on behalf of a licensed cigarette manufacturer or an other tobacco products manufacturer.
Md. Code, Criminal Procedure § 12-102 — MD Code / Article gcp / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

(a) The following are subject to forfeiture:

(1) controlled dangerous substances manufactured, distributed, dispensed, acquired, or possessed in violation of the Controlled Dangerous Substances law;

(2) raw materials, products, and equipment used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting a controlled dangerous substance in violation of the Controlled Dangerous Substances law;

(3) property used or intended for use as a container for property described in item (1) or (2) of this subsection;

(4) except as provided in § 12–103 of this subtitle, conveyances, including aircraft, vehicles, or vessels used or intended to be used to transport, or facilitate the transportation, sale, receipt, possession, or concealment of property described in item (1) or (2) of this subsection;

(5) books, records, and research, including formulas, microfilm, tapes, and data used or intended for use in violation of the Controlled Dangerous Substances law;

(6) subject to subsection (b) of this section, weapons used or intended to be used in connection with the unlawful manufacture, distribution, or dispensing of a controlled dangerous substance or controlled paraphernalia;

(7) subject to subsection (b) of this section, any amount of money that is used or intended to be used in connection with the unlawful manufacture, distribution, or dispensing of a controlled dangerous substance;

(8) drug paraphernalia under § 5–619 of the Criminal Law Article;

(9) controlled paraphernalia under § 5–620 of the Criminal Law Article;

(10) except as provided in § 12–103 of this subtitle, the remaining balance of the proceeds of a sale by a holder of an installment sale agreement under § 12–626 of the Commercial Law Article of goods seized under this subtitle;

(11) except as provided in § 12–103 of this subtitle, real property; and

(12) everything of value furnished, or intended to be furnished, in exchange for a controlled dangerous substance in violation of the Controlled Dangerous Substances law, all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate any violation of the Controlled Dangerous Substances law.

(b) (1) All rights in, title to, and interest in the money or weapons immediately shall vest in:

(i) the State, if the seizing authority was a State unit;

(ii) the county in which the money or weapons were seized, if the seizing authority was a county law enforcement unit, including a sheriff’s office; or

(iii) the municipal corporation in which the money or weapons were seized, if the seizing authority was a law enforcement unit of a municipal corporation.

(2) The money or weapons may be returned to the claimant only as this title provides.
Md. Code, Commercial Law § 12-1003 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1003
§12–1003.
Status: in_force

(a) A credit grantor may charge and collect interest on a loan at any daily, weekly, monthly, annual, or other periodic percentage rate as the agreement, the note, or other evidence of the loan provides if the effective rate of simple interest is not in excess of 24 percent per year. The rate of interest chargeable on a loan must be expressed in the agreement as a simple interest rate or rates.

(b) (1) Interest may be calculated by way of simple interest or by any other method as the agreement, note, or other evidence of the loan provides. If the interest is precomputed, it may be calculated on the assumption that all scheduled payments will be made when due.

(2) For purposes of this section, a year may be any period of from 360 to 366 days, including or disregarding the effect of leap year, as the credit grantor may determine.

(c) (1) (i) Except as provided in paragraph (2) of this subsection, if an installment loan under this subtitle made to a consumer borrower is secured by collateral other than a lien on residential real property, the credit grantor may not require a schedule of repayment under which a consumer borrower may be required to pay a balloon payment at maturity.

(ii) If an installment loan under this subtitle made to a consumer borrower is secured by a secondary lien on residential real property, the credit grantor may require a schedule of repayment providing for a balloon payment at maturity. On request, the consumer borrower is permitted to postpone payment of the balloon payment once for a period not to exceed 6 months. The borrower must continue to make installment payments in the amount required prior to maturity during the extension period. The credit grantor may not impose any charges or fees as a result of allowing an extension period.

(2) (i) 1. In this paragraph the following words have the meanings indicated.

2. “Motorcycle” has the meaning stated in § 11–136 of the Transportation Article.

3. “Passenger car” has the meaning stated in § 11–144.2 of the Transportation Article.

(ii) A credit grantor may require a schedule of repayment under which a consumer borrower may be required to pay a balloon payment at maturity if:

1. The installment loan is secured by a lien on a motor vehicle that is a motorcycle or passenger car; and

2. The amount of the installment loan exceeds:

A. $10,000, if the motor vehicle is a motorcycle; and

B. $30,000, if the motor vehicle is a passenger car.
Md. Code, Financial Institutions § 12-909 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-909
§12–909.
Status: in_force

(a) In connection with an initial application, a renewal application, and at any other time the Commissioner requests, an applicant or licensee shall provide fingerprints to NMLS for use by the Federal Bureau of Investigation to conduct criminal history records checks.

(b) An applicant or licensee required to provide fingerprints under this section shall pay any processing or other required fee.

(c) If the applicant or licensee is a corporation, the fingerprinting and criminal history records check requirements shall apply to the president and any other officer, director, principal, or owner of the corporation as required by the Commissioner.

(d) Any agent acting on behalf of a licensee to manage a trust account required under § 12–917 of this subtitle, and any agent of the licensee who has access to the account, shall provide to NMLS fingerprints for use by the Federal Bureau of Investigation to conduct criminal history records checks.
Md. Code, Education § 12-110 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-110
§12–110.
Status: in_force

(a) (1) Upon the recommendation of the Chancellor who shall consult with the presidents, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Regents shall establish general standards and guidelines governing the appointment, compensation, advancement, tenure, and termination of all faculty and unrepresented employees in the University System of Maryland and shall apply the standards and guidelines in a negotiated memorandum of understanding to all represented employees covered by the memorandum of understanding.

(2) These standards and guidelines shall recognize the diverse missions of the constituent institutions.

(b) The Board of Regents may establish for unrepresented employees, and the Chancellor may negotiate for represented employees, different standards of compensation based on the size and missions of the constituent institutions.

(c) Subject to such standards and guidelines, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, a president may:

(1) Prescribe additional personnel policies; and

(2) Approve individual personnel actions affecting the terms and conditions of academic and administrative appointments.
Md. Code, Commercial Law § 12-624 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-624
§12–624.
Status: in_force

(a) The holder may repossess goods sold under an agreement if:

(1) The buyer is in default in:

(i) The payment of any sum due under the agreement;

(ii) The performance of any other condition which the agreement lawfully requires him to perform in order to obtain unencumbered title to the goods; or

(iii) The performance of any promise the breach of which is expressly made a ground for repossessing the goods; or

(2) The goods were seized by a police department, bureau, or force.

(b) (1) The holder may repossess goods only by:

(i) Legal process; or

(ii) Self-help, without use of force.

(2) Nothing in this section authorizes a violation of criminal law.

(c) (1) At least 10 days before he repossesses any goods, the holder may serve a written notice on the buyer of his intention to repossess the goods.

(2) The notice shall:

(i) State the default and any period at the end of which the goods will be repossessed; and

(ii) Briefly state the rights of the buyer in case the goods are repossessed.

(3) The notice may be delivered to the buyer personally or sent to him at his last known address by registered or certified mail.

(d) Within five days after he repossesses the goods, the holder shall deliver to the buyer personally or send to him at his last known address by registered or certified mail, a written notice which briefly states:

(1) The right of the buyer to redeem the goods, and the amount payable for them;

(2) The rights of the buyer as to a resale, and his liability for a deficiency; and

(3) The exact location where the goods are stored and the address where any payment is to be made or notice delivered.
Md. Code, Public Safety § 12-205 — MD Code / Article gps / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

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

(2) “Electric vehicle” means a vehicle that uses electricity for propulsion.

(3) “Electric vehicle supply equipment” means a device or facility for delivering electricity to an electric vehicle.

(4) “EV–ready parking space” means a parking space that has electrical panel capacity and full circuit installation of a minimum 40–ampere, 208/240–volt circuit, raceway wiring, a NEMA 14–50R receptacle, and circuit overcurrent protection devices.

(5) “EVSE–installed parking space” means a parking space with electric vehicle supply equipment that is fully installed from the electrical panel to the parking space.

(6) (i) “Housing units” means:

1. single–family detached houses;

2. duplexes; and

3. town houses that are subject to the provisions of the International Residential Code.

(ii) “Housing units” does not include multifamily residential buildings that are subject to the provisions of the International Building Code.

(7) “Level 2 charging” means that the charging capability of the electric vehicle supply equipment:

(i) includes the ability to charge a battery or any other energy storage device in an electric vehicle through means of an alternating current electrical service with a minimum of 208 volts; and

(ii) meets applicable industry safety standards.

(8) “Vehicle” has the meaning stated in § 11–176 of the Transportation Article.

(b) (1) This subsection applies to the construction of housing units that include a separate garage, carport, or driveway for each residential unit.

(2) The construction of a new housing unit shall include in or on the garage, carport, or driveway:

(i) one EVSE–installed parking space capable of providing at least Level 2 charging; or

(ii) one EV–ready parking space.

(c) Notwithstanding any other law, a county or municipal corporation may require the construction of housing units to include a greater number of EVSE–installed parking spaces or EV–ready parking spaces than are required under subsection (b) of this section.
Md. Code, Business Occupations and Professions § 12-314 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-314
§12–314.
Status: in_force

Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
Md. Code, Alcoholic Beverages and Cannabis § 12-1707 — MD Code / Article gab / Title 12 / Subtitle 17 / Section 12-1707
§12–1707.
Status: reserved

(a) The alcoholic beverages districts described in this section at all times are coterminous with the legislative districts in the Legislative Districting Plan of 2022.

(b) Except as provided in subsection (c) of this section, a license may not be transferred into:

(1) the 40th alcoholic beverages district;

(2) the 41st alcoholic beverages district;

(3) the 43rd alcoholic beverages district;

(4) the 44th alcoholic beverages district; and

(5) the 45th alcoholic beverages district.

(c) (1) Except as provided in paragraphs (2) through (4) of this subsection, a license of any class may not be transferred into the areas described in subsection (b) of this section.

(2) A licensed drugstore may transfer the license into the 45th alcoholic beverages district.

(3) One Class B–D–7 license issued for a property surrounded by West Preston Street on the north, Morton Street on the east, West Biddle Street on the south, and Maryland Avenue on the west may be transferred to a property surrounded by West Eager Street and East Eager Street on the north, Lovegrove Street on the east, West Read Street and East Read Street on the south, and Morton Street on the west.

(4) One Class A beer, wine, and liquor license issued for a property surrounded by West Eager Street on the north, Morton Street on the east, Brexton Street on the south, and Cathedral Street on the west may be transferred to a property surrounded by East Chase Street on the north, North Lovegrove Street on the east, East Eager Street on the south, and North Charles Street on the west.
Md. Code, Criminal Procedure § 12-204 — MD Code / Article gcp / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) In exercising the authority to seize motor vehicles under this title, a seizing authority shall apply the standards listed in subsection (b) of this section.

(b) A motor vehicle used in violation of the Controlled Dangerous Substances law or this title shall be seized and forfeiture shall be recommended to the forfeiting authority if:

(1) any quantity of a controlled dangerous substance is sold or attempted to be sold in violation of the Controlled Dangerous Substances law or this title;

(2) an amount of the controlled dangerous substance or paraphernalia is found that reasonably shows that the violator intended to sell the controlled dangerous substance in violation of the Controlled Dangerous Substances law; or

(3) the total circumstances of the case as listed in subsection (c) of this section dictate that seizure and forfeiture are justified.

(c) Circumstances to be considered in deciding whether seizure and forfeiture are justified include:

(1) the possession of controlled dangerous substances;

(2) an extensive criminal record of the violator;

(3) a previous conviction of the violator for a controlled dangerous substances crime;

(4) evidence that the motor vehicle was acquired by use of proceeds from a transaction involving a controlled dangerous substance;

(5) circumstances of the arrest; and

(6) the way in which the motor vehicle was used.
Md. Code, Public Safety § 12-919 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-919
§12–919.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, § 12–904 of this subtitle shall terminate on July 1, 2029.
Md. Code, Business Regulation § 12-501 — MD Code / Article gbr / Title 12 / Subtitle 5 / Section 12-501
§12–501.
Status: in_force

Except as otherwise provided in this title, a person may not do business as a dealer in the State unless the person has a license.
Md. Code, Commercial Law § 12-504 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-504
§12–504.
Status: in_force

(a) Notwithstanding any other statutory law, a seller, financial institution, or the successor in interest of either may charge, collect, and receive under a retail credit account a finance charge, however described, not to exceed the amounts permitted in §§ 12-505 and 12-506 of this subtitle.

(b) If the date of performance or delivery of an item or service is more than 10 days from the date of purchase, the finance charge shall be computed from the date of performance or delivery.
Md. Code, State Finance and Procurement § 12-303 — MD Code / Article gsf / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

The Board may modify or waive any authorization, source selection, solicitation, or contract requirement under this Division II for an energy performance contract or a class of energy performance contracts to the extent that:

(1) the purposes stated in § 11-201(a) of this article are fostered; and

(2) the circumstances of energy performance contracting require the modification or waiver.
Md. Code, State Finance and Procurement § 12-507 — MD Code / Article gsf / Title 12 / Subtitle 5 / Section 12-507
§12–507.
Status: in_force

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 provide the State Archivist with the following information as it relates to the deportation of victims:

(1) a written statement providing:

(i) whether the entity possesses, has custody of, or controls records relating to the the deportation of victims;

(ii) each location where the records are maintained; and

(iii) the contents and addresses of each archive or other facility where the entity maintains records;

(2) a detailed index of the records, including:

(i) the location of the records and a list of any money received for each deportation, delineated by individual convoys and persons; and

(ii) an accounting of each piece of property taken or confiscated from each victim;

(3) if the entity no longer has in its custody or control any or all of the property taken or confiscated from each victim, a written description of:

(i) the time and manner in which the entity disposed of or converted the property;

(ii) any property currently owned or operated by the entity that was exchanged for the expropriated property;

(iii) any expropriated property currently owned by the entity or any other property derived from the expropriated property; and

(iv) any other derivative or traceable property that remains in the entity’s possession, custody, or control as a result of its deportations activity; and

(4) a written statement concerning whether the entity has provided restitution or reparations to all identifiable victims of the deportations and, if so stated, a detailed description on how the restitution or reparations apply specifically to the deportation of each victim.
Md. Code, Local Government § 12-802 — MD Code / Article glg / Title 12 / Subtitle 8 / Section 12-802
§12–802.
Status: in_force

(a) This section applies to all counties except:

(1) Anne Arundel County;

(2) Baltimore City;

(3) Baltimore County;

(4) Cecil County;

(5) Charles County;

(6) Howard County;

(7) Prince George’s County;

(8) Queen Anne’s County;

(9) Wicomico County; and

(10) Worcester County.

(b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(c) The governing body of a county may:

(1) provide for the appointment of the county police;

(2) establish the duties of the county police;

(3) set the compensation of the county police; and

(4) appoint a special commission or commissioner to be in charge of the county police.
Md. Code, Economic Development § 12-407 — MD Code / Article gec / Title 12 / Subtitle 4 / Section 12-407
§12–407.
Status: in_force

(a) The owners of nonexempt property who seek to establish a district corporation shall submit appropriate documentation as described in subsection (b) of this section to:

(1) the governing body of the county in which the proposed district is located; and

(2) if the proposed district is located within a municipal corporation, the governing body of the municipal corporation.

(b) The appropriate documentation required under subsection (a) of this section shall contain:

(1) a statement setting forth:

(i) the proposed name and address of the district corporation; and

(ii) the street address of each owner of nonexempt property within the proposed district;

(2) a statement expressing the intent to establish a district corporation that is signed by at least 80% of the owners of the total number of parcels of nonexempt property in the geographic area of the proposed district;

(3) a proposed 3–year business plan that contains:

(i) the goals and objectives of the proposed district;

(ii) the annual proposed business improvement district tax for the proposed district’s common operations and the formula used to determine each member’s district tax; and

(iii) the maximum amount and the nature of start–up costs incurred before the district’s establishment;

(4) a tax assessor’s map of the geographic area of the proposed district;

(5) a list of the proposed initial board of the proposed district corporation;

(6) the proposed articles of incorporation and the bylaws of the district corporation;

(7) for all nonexempt property within the proposed district:

(i) the name and mailing address of each owner; and

(ii) the most recent assessed value; and

(8) a list of the names and addresses of all commercial tenants within the geographic area of the proposed district.

(c) Within 45 days after receiving all appropriate documentation under subsection (b) of this section, the governing body of a county or municipal corporation shall schedule a public hearing on the application.
Md. Code, Economic Development § 12-811 — MD Code / Article gec / Title 12 / Subtitle 8 / Section 12-811
§12–811.
Status: in_force

As specified by local law and to the extent not inconsistent with any constitutional or charter provision or any public general or public local law, the county may:

(1) assign, pledge, grant, contribute, or provide to the redevelopment authority any taxes, rates, rentals, fees, charges, or other funds held or receivable by the county for any purpose, and assign, pledge, lease, or otherwise convey to the Authority, or encumber any land or property owned or otherwise held by the county, including as additional security for any bonds of the Authority; and

(2) (i) advance amounts to the Authority for any purpose, including payment of preliminary expenditures relating to any undertakings of the Authority or for deficiencies in debt services requirements; and

(ii) provide for the repayment or forgiveness of the advances.
Md. Code, Election Law § 12-104 — MD Code / Article gel / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

(a) A counterpetition to a question filed under § 12-103 of this subtitle may be filed by a voter eligible to vote for that question, if:

(1) the petition filed under § 12-103 of this subtitle did not specify all of the precincts in which the question was on the ballot; and

(2) on completion of the recount, the outcome of the election is changed.

(b) A counterpetition shall be a request for a recount of the votes for the question in the precincts not specified by the petitioner under § 12-103 of this subtitle.

(c) (1) If the question was on the ballot in one county, the counterpetition shall be filed in that county.

(2) If the question was on the ballot in more than one county, the counterpetition shall be filed with the State Board.

(d) The petition shall be filed within 2 days of the determination under subsection (a)(2) of this section.

(e) (1) The State Board shall promptly notify each appropriate local board of a counterpetition that is filed with the State Board.

(2) A local board shall promptly notify the State Board of a counterpetition that is filed with the local board.
Md. Code, Commercial Law § 12-1019 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1019
§12–1019.
Status: in_force

An action for violation of this subtitle may not be brought more than 6 months after the loan is satisfied.
Md. Code, Corporations and Associations § 12-404 — MD Code / Article gca / Title 12 / Subtitle 4 / Section 12-404
§12–404.
Status: in_force

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

(1) Meetings of trustees may be held at any place or by conference telephone or in any other manner by which all persons participating in the meeting as trustees 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 trustees:

(1) The trustees 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 trustees 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 trustees entitled to vote on the matter were present and voted; and

(2) A trustee 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 trustee or by a person authorized to act for a trustee shall be deemed to be written and signed for purposes of this section.

(d) Except as provided in the governing instrument of a statutory trust, any act requiring the approval of the trustees shall be approved by the affirmative vote of a majority of the trustees.
Md. Code, Financial Institutions § 12-1201 — MD Code / Article gfi / Title 12 / Subtitle 12 / Section 12-1201
§12–1201.
Status: in_force

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

(b) “Experienced user” means a person that is not a new user.

(c) “New user” means a person that is transacting with a virtual currency kiosk operator:

(1) For the first time; or

(2) Anytime in the 72 hours immediately following the person’s first transaction with the virtual currency kiosk operator.

(d) (1) “Virtual currency” means a digital representation of value that:

(i) Is used as a medium of exchange, unit of account, or store of value; and

(ii) Is not currency, as defined in § 12–802 of this title.

(2) “Virtual currency” does not include:

(i) A digital representation of value that can be redeemed for:

1. Goods, services, discounts, or purchases solely as part of a customer affinity or rewards program with the issuing merchant or other designated merchants, or both; or

2. Digital units in another customer affinity or rewards program that may not directly or indirectly be converted into, redeemed, or exchanged for money, monetary value, bank credit, or virtual currency; or

(ii) A digital representation of value issued by or on behalf of a publisher that:

1. Is used solely within an online game, game platform, or family of games sold by the same publisher or offered on the same game platform;

2. Has no market or application outside of the online game, game platform, or family of games;

3. May not directly or indirectly be converted into, redeemed, or exchanged for money, monetary value, bank credit, or virtual currency; and

4. May or may not be redeemable for real–world goods, services, discounts, or purchases.

(e) (1) “Virtual currency kiosk” means a stand–alone automated platform through which a consumer may deposit or receive cash or use a credit or debit card to obtain virtual currency services.

(2) “Virtual currency kiosk” does not include an automated teller machine, as defined in § 1–401(d) of this article.

(f) “Virtual currency kiosk operator” or “operator” means a person who owns or operates a virtual currency kiosk in the State.

(g) (1) “Virtual currency service” means:

(i) The conversion of a virtual currency to another form of virtual currency; or

(ii) The purchase, sale, exchange, swap, or transfer of virtual currency by any means.

(2) “Virtual currency service” includes any other activity that the Commissioner identifies as a virtual currency service by regulation.

(3) “Virtual currency service” does not include money transmission, as defined in § 12–401(p) of this title.
Md. Code, Criminal Procedure § 12-202 — MD Code / Article gcp / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

(a) Property subject to forfeiture under this title may be seized:

(1) on a warrant issued by a court that has jurisdiction over the property; and

(2) without a warrant when:

(i) the seizure is incident to an arrest or a search under a search warrant;

(ii) the seizure is incident to an inspection under an administrative inspection warrant;

(iii) the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding under this title;

(iv) there is probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(v) there is probable cause to believe that the property has been used or is intended to be used in violation of the Controlled Dangerous Substances law or this title.

(b) The seizing authority that seizes money that is contraband shall immediately:

(1) photograph the contraband money and record the quantity of each denomination of coin or currency seized; and

(2) deposit the money to the account of the appropriate local financial authority.

(c) A photograph taken under subsection (b) of this section may be substituted for money as evidence in a criminal or forfeiture proceeding.
Md. Code, Financial Institutions § 12-708 — MD Code / Article gfi / Title 12 / Subtitle 7 / Section 12-708
§12–708.
Status: in_force

(a) The Commissioner, not more often than once per year, may impose annual assessments on each financial institution supervised and examined by the Commissioner under this subtitle, to cover the expense of supervising and examining that financial institution.

(b) (1) The Commissioner may assess each financial institution the sum of:

(i) $1,000; plus

(ii) 8 cents for each $1,000 of the assets of the financial institution over $1,000,000.

(2) The assessments shall be based on assets stated in the financial institution’s most recent financial report.

(c) The financial institution shall pay any assessment imposed under this section to the Commissioner on or before the February 1 after it is imposed.
Md. Code, Health Occupations § 12-6B-02 — MD Code / Article gho / Title 12 / Subtitle 6B / Section 12-6B-02
§12–6B–02.
Status: in_force

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

(1) Is currently certified by a national pharmacy technician certification program and complies with subsection (b)(6) of this section; or

(2) Meets the requirements of this section.

(b) The applicant shall:

(1) Be of good moral character;

(2) Be at least 17 years old;

(3) (i) 1. Be a high school graduate or have attained a high school equivalency; or

2. Be enrolled and in good standing at a high school; or

(ii) Meet the requirements in subsection (d) of this section;

(4) Have successfully passed an examination approved by the Board;

(5) Complete a pharmacy technician training program approved by the Board that:

(i) Includes 160 hours of work experience; and

(ii) Is no longer than 6 months’ duration; and

(6) Submit a request for a State criminal history records check.

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

(d) If an applicant does not meet the requirements of subsection (b)(3) through (5) of this section, the applicant qualifies for registration if:

(1) The applicant has worked in the pharmacy area of a pharmacy operated by the same pharmacy permit holder since January 1, 2006;

(2) The pharmacy permit holder for whom the applicant works attests in writing that the applicant has worked in the pharmacy area operated by the pharmacy permit holder continuously since January 1, 2006;

(3) A pharmacist who has supervised the applicant for at least 6 months attests in writing that the individual has performed competently; and

(4) The applicant otherwise meets the requirements of subsection (b) of this section.

(e) An individual, at least 16 years and 6 months old, may begin fulfilling the pharmacy technician registration requirements under this subtitle.

(f) (1) Subject to the provisions of this subsection, the Board may waive any requirement of this subtitle for an individual who is registered as or has worked as a pharmacy technician in another state.

(2) The Board may grant a waiver under this subsection only if the applicant:

(i) Pays the application fee required under § 12-6B-03 of this subtitle; and

(ii) 1. Provides sufficient evidence that the applicant was registered in a state with registration or licensing requirements that are substantially similar to the registration requirements of this subtitle; or

2. Has worked as a pharmacy technician in another state and satisfies any additional requirements established by the Board in regulation.
Md. Code, Alcoholic Beverages and Cannabis § 12-2705 — MD Code / Article gab / Title 12 / Subtitle 27 / Section 12-2705
§12–2705.
Status: in_force

A person engaged in the manufacture or sale of alcoholic beverages, an agent or employee of the person, and a license holder may not, directly or indirectly, offer or make a payment or gift to:

(1) a member of the Board;

(2) an employee of the Board; or

(3) anyone on behalf of the member or employee.
Md. Code, Housing and Community Development § 12-208 — MD Code / Article ghs / Title 12 / Subtitle 2 / Section 12-208
§12–208.
Status: in_force

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

(2) “Consolidation” means the dissolution of separate existing authorities and the simultaneous creation of a new authority.

(3) “Merger” means the absorption of one existing authority by another existing authority in which the one authority dissolves and the other authority continues to exist.

(b) The Housing Commission of Talbot County and the St. Michaels Housing Authority may unite by consolidation or merger to form one authority.

(c) (1) The unification of the Housing Commission of Talbot County and the St. Michaels Housing Authority shall be initiated by the passage of a proposal of unification in substantially the same form by the legislative body of the Town of Easton and the legislative body of the Town of St. Michaels.

(2) The proposal of unification shall:

(i) include a description of the boundaries of the area of operation for the proposed authority; and

(ii) be approved by each municipal corporation in the same manner provided for the adoption of a resolution or ordinance in the charter or bylaws of the municipal corporation that is considering the proposal of unification.

(d) (1) After both municipal corporations approve a proposal of unification, each municipal corporation shall appoint an equal number of representatives, which may not be less than three nor more than five, to a commission charged with drafting articles of organization for the proposed authority.

(2) The members of the commission shall:

(i) adopt rules and elect officers to govern their meetings and expedite the drafting of the articles of organization; and

(ii) complete a draft of the articles of organization no later than 6 months after the approval of the proposals of unification.

(3) In the draft articles of organization or in a separate document, the commission shall:

(i) describe the boundaries of the area of operation for the proposed authority; and

(ii) provide for:

1. the disposition of any debts, bonds, and other obligations of the Housing Commission of Talbot County and any debts, bonds, and other obligations of the St. Michaels Housing Authority;

2. the transfer to the proposed authority of any property and other assets of the Housing Commission of Talbot County and any property and other assets of the St. Michaels Housing Authority; and

3. the designation of the chief elected official, custodian of records, and legislative body of which municipal corporation that shall govern the operations of the proposed authority.

(e) (1) The commission created under subsection (d) of this section shall submit the draft articles of organization to the legislative body of each municipal corporation for adoption or rejection.

(2) The legislative body of each municipal corporation must adopt or reject the draft articles of organization as a whole.

(3) No amendment or change may be made to the draft articles of organization unless the legislative body of each municipal corporation concurs in the amendment or change.

(4) If the legislative body of each municipal corporation adopts the draft articles of organization, the appropriate custodian of records shall file the articles of organization with the Secretary of State.

(f) (1) If the Secretary of State finds that the appropriate requirements of §§ 12–205 and 12–206 of this subtitle have been satisfied, the Secretary of State shall endorse the articles as “approved” and issue a certificate of approval attached to the endorsed articles of organization.

(2) When the certificate of approval is issued, the articles of organization as filed are considered to have been adopted.

(3) An authority created under this section may not do business or exercise its powers unless the Secretary of State has issued a certificate of approval.
Md. Code, Alcoholic Beverages and Cannabis § 12-1804.2 — MD Code / Article gab / Title 12 / Subtitle 18 / Section 12-1804.2
§12–1804.
Status: in_force

§12–1804.2.

(a) This section applies only to a holder of:

(1) a Class A beer, wine, and liquor license;

(2) a Class A–2 beer, wine, and liquor license; and

(3) a Class A–7 beer, wine, and liquor license.

(b) (1) A license holder shall maintain and operate a digital surveillance system on the licensed premises in accordance with this section and regulations adopted by the Board under subsection (c) of this section.

(2) The digital surveillance system shall be equipped with high–definition cameras that provide continuous, 24–hour video monitoring without audio recording capacity placed inside and outside the licensed premises.

(3) The cameras must be placed in such a way that:

(i) the exterior of each entryway into the licensed premises is monitored;

(ii) the interior of each entryway into the licensed premises is monitored; and

(iii) the cash register or till is monitored.

(4) The video recorded from the surveillance system shall be retained for not less than 14 days.

(5) A license holder must post appropriate signage notifying individuals on the premises they are being recorded.

(c) (1) On or before December 31, 2020, the Board shall adopt regulations relating to digital surveillance in consultation with the Baltimore Police Department.

(2) The regulations adopted in accordance with paragraph (1) of this subsection shall:

(i) require that licensed establishments retain video recordings from the surveillance system for not less than 14 days but not more than 30 days;

(ii) require that a notice be placed in a conspicuous location on the interior and exterior of the premises location notifying the public that the licensed establishment is subject to 24–hour video surveillance monitoring;

(iii) include details regarding the specifications for what types of video surveillance systems are acceptable;

(iv) require that the Baltimore Police Department may request video footage only in connection with a criminal investigation and that video footage obtained in violation of this section is inadmissible in a criminal proceeding;

(v) include details on how and when the Board will verify that an acceptable video surveillance system has been installed as well as penalties for failure to comply with this section; and

(vi) provide for the issuance of temporary waivers to license holders who purchased and installed noncompliant surveillance systems prior to October 1, 2020.

(d) Beginning January 1, 2021, a license holder applying for a license renewal shall file with the license renewal application an affidavit verifying compliance with subsection (b) of this section.
Md. Code, Financial Institutions § 12-1015 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1015
§12–1015.
Status: in_force

(a) On or before March 15 of each year, a registrant shall report to the Commissioner on the debt settlement services business of the registrant conducted during the preceding calendar year.

(b) The annual report shall be on the form that the Commissioner requires.
Md. Code, Public Safety § 12-503 — MD Code / Article gps / Title 12 / Subtitle 5 / Section 12-503
§12–503.
Status: in_force

(a) (1) The Department shall adopt by regulation, as the Maryland Building Performance Standards, the International Building Code, including the International Energy Conservation Code, with the modifications incorporated by the Department under subsection (b) of this section.

(2) The Department shall adopt each subsequent version of the Standards within 18 months after it is issued.

(b) (1) Before adopting each version of the Standards, the Department shall:

(i) review the International Building Code to determine whether modifications should be incorporated in the Standards;

(ii) consider changes to the International Building Code to enhance energy conservation and efficiency;

(iii) subject to the provisions of paragraph (2)(ii) of this subsection, adopt modifications to the Standards that allow any innovative approach, design, equipment, or method of construction that can be demonstrated to offer performance that is at least the equivalent to the requirements of:

1. the International Energy Conservation Code;

2. Chapter 13, “Energy Efficiency”, of the International Building Code; or

3. Chapter 11, “Energy Efficiency”, of the International Residential Code;

(iv) accept written comments;

(v) consider any comments received; and

(vi) hold a public hearing on each proposed modification.

(2) (i) Except as provided in subparagraph (ii) of this paragraph and § 12–510 of this subtitle, the Department may not adopt, as part of the Standards, a modification of a building code requirement that is more stringent than the requirement in the International Building Code.

(ii) The Department may adopt energy conservation requirements that are more stringent than the requirements in the International Energy Conservation Code, but may not adopt energy conservation requirements that are less stringent than the requirements in the International Energy Conservation Code.

(c) The Standards apply to each building or structure in the State for which a building permit application is received by a local jurisdiction on or after August 1, 1995.

(d) In addition to the Standards, the Department shall:

(1) on or before January 1, 2023, adopt by regulation the 2018 International Green Construction Code; and

(2) adopt each subsequent version of the Code within 18 months after it is issued.
Md. Code, Economic Development § 12-807 — MD Code / Article gec / Title 12 / Subtitle 8 / Section 12-807
§12–807.
Status: in_force

(a) For the public purposes described under § 12–803 of this subtitle and subject to local law and the provisions of this subtitle, the Authority may, within West Baltimore County:

(1) acquire, purchase, or otherwise obtain, hold, and use any property, real, personal, or mixed, tangible or intangible, or any interest therein;

(2) lease as a lessee any property, real, personal, or mixed, tangible or intangible, or any interest therein;

(3) lease as lessor any property, real, personal, or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority;

(4) mortgage or otherwise pledge or encumber any property, real, personal, or mixed, tangible or intangible, or any interest therein, of the Authority; and

(5) sell, transfer, or convey any property, real, personal, or mixed, tangible or intangible, or any interest therein, acquired by the Authority at any time.

(b) The Authority may accept grants from, make loans to, and enter into contracts with any federal, State, or local agency or any private entity or party.

(c) The Authority may establish, impose, and collect tolls, rates, rentals, fees, and charges relating to the Authority’s undertakings and property.

(d) The budgetary and financial procedures of the Authority shall be established by local law.

(e) No provisions of the charter of the county or other local law regarding the duties, powers, or organization of the Authority apply to the Authority unless the county expressly provides by local law that the charter provision or other local law applies to the Authority.

(f) Subject to public general law and local law, the Authority has all other powers necessary or convenient to carry out the purposes of the Authority.
Md. Code, Financial Institutions § 12-709 — MD Code / Article gfi / Title 12 / Subtitle 7 / Section 12-709
§12–709.
Status: in_force

The Commissioner may adopt regulations to carry out the provisions of this subtitle.
Md. Code, Public Safety § 12-814.3 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-814.3
§12–814.
Status: in_force

§12–814.3.

(a) If, after investigation, the Commissioner determines that an owner violated the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner may assess and collect a civil penalty of up to $5,000 for each elevator unit in violation of the Safety Code or regulations.

(b) In determining the amount of the penalty, the Commissioner shall consider:

(1) the gravity of the violation;

(2) the owner’s good faith; and

(3) the owner’s history of violations under this subtitle.

(c) If, after investigation, the Commissioner determines that an owner willfully or repeatedly violated the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner may assess and collect double the administrative penalties set forth in subsection (a) of this section.

(d) If, after the issuance of a final order affirming a violation of the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, an owner fails to correct the violation within 10 days, the Commissioner may impose a civil penalty, not exceeding $1,000 for each day a violation continues, against the owner.

(e) Each civil penalty shall be paid into the General Fund of the State.
Md. Code, Public Safety § 12-202 — MD Code / Article gps / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

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

(2) “Department” means the Maryland Department of Labor.

(3) “Historic property” means a qualified historic building or facility that is:

(i) listed or eligible for listing in the National Register of Historic Places; or

(ii) designated as historic under State or local law.

(b) (1) The Department shall adopt by regulation a State building code to make buildings and facilities accessible and usable by individuals with physical disabilities to the extent feasible.

(2) The regulations shall be developed in conjunction with:

(i) the Maryland Department of Disabilities;

(ii) the Maryland Rehabilitation Association; and

(iii) the Maryland Society of Architects.

(c) The Maryland Accessibility Code shall be enforced by local jurisdictions or any other governmental units with authority over buildings or facilities.

(d) The Department:

(1) shall decide questions of interpretation of the Maryland Accessibility Code; and

(2) may authorize waivers or exemptions under the Maryland Accessibility Code.

(e) In addition to any other penalty for a violation of the Maryland Accessibility Code, the Department shall investigate to determine if a violation exists.

(f) (1) If the Department determines that a violation of the Maryland Accessibility Code exists, the Department may resolve any issue related to the violation by mediation and conciliation.

(2) In addition, the Department may bring an action for equitable or other appropriate relief in a court in the jurisdiction in which the violation occurred, including an action to enjoin the construction, renovation, or occupancy of a building or facility that violates the Maryland Accessibility Code.

(3) Notwithstanding paragraph (2) of this subsection, the Department may not seek an injunction until 5 working days after the Department has sought to resolve the violation through mediation and conciliation.

(g) The Attorney General may prosecute civil cases that arise under this section that are referred to the Attorney General by the Department.

(h) (1) The Department shall cooperate with and provide technical assistance to the Commission on Civil Rights concerning an action brought by the Commission on Civil Rights to enforce § 20–705 or § 20–706 of the State Government Article.

(2) This section does not limit the authority of the Commission on Civil Rights to enforce §§ 20–705 and 20–706 of the State Government Article.

(i) (1) A person may not willfully violate the Maryland Accessibility Code.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject for each violation to imprisonment not exceeding 3 months or a fine not exceeding $500 for each day the violation exists or both.

(3) A penalty imposed under this subsection is in addition to and not a substitute for any other penalty imposed under federal, State, or local law.

(j) (1) This subsection does not apply to an aggrieved individual who has an existing private right of action against a housing authority to enforce accessibility requirements under:

(i) Section 504 of the federal Rehabilitation Act of 1973; or

(ii) the federal Americans with Disabilities Act of 1990.

(2) Subject to paragraph (3) of this subsection, an occupant, a dependent of an occupant, or a prospective tenant who otherwise meets the requirements for tenancy may commence a civil action in the District Court or circuit court to obtain relief for a violation of the Maryland Accessibility Code with regard to a building of four or more dwelling units that:

(i) is subject to the Maryland Accessibility Code; but

(ii) is not a historic property.

(3) At least 30 days before filing a complaint under this subsection, an occupant, a dependent of an occupant, or a prospective tenant who otherwise meets the requirements for tenancy shall provide written notice to the property manager, landlord, or rental agent that:

(i) states that the occupant, dependent of an occupant, or prospective tenant who otherwise meets the requirements for tenancy needs accessibility;

(ii) identifies the location of the multifamily building that is alleged to be noncompliant; and

(iii) states that the owner of the multifamily building has 30 days from the date of the notice to make arrangements to bring the multifamily building into compliance.

(4) In an action brought under this subsection, if the court finds that a violation of the Maryland Accessibility Code has occurred, the court may:

(i) grant relief as the court considers appropriate, including injunctive relief;

(ii) award the prevailing party reasonable attorney’s fees and costs; and

(iii) award the prevailing party actual damages.
Md. Code, Environment § 12-203 — MD Code / Article gen / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: in_force

(a) From among its members, the Board annually shall elect a chairman.

(b) The Secretary of the Environment shall designate a representative of the Department as Board secretary.

(c) The manner of election of officers shall be as the Board determines.
Md. Code, Election Law § 12-105 — MD Code / Article gel / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

(a) A petition or counterpetition filed under this subtitle shall be filed with a bond as provided under subsection (b) of this section.

(b) (1) If a recount is being conducted in only one county, a judge of the circuit court of the county shall determine and set the bond to be filed by the petitioner or counterpetitioner sufficient to pay the reasonable costs of the recount.

(2) If the recount is being conducted in more than one county, a judge of the Circuit Court for Anne Arundel County shall determine and set the bond.
Md. Code, Economic Development § 12-201 — MD Code / Article gec / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

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

(b) “Adjusted assessable base” means the fair market value of real property that qualifies for a farm or agricultural use under § 8–209 of the Tax – Property Article, without regard to the agricultural use assessment for the property as of January 1 of the year preceding the effective date of the resolution creating the development district under § 12–203 of this subtitle.

(c) “Assessable base” means the total assessable base, as determined by the Supervisor of Assessments or the governing body in accordance with § 12–203(b) of this subtitle, of all real property subject to taxation in a development district or a sustainable community.

(d) (1) “Assessment ratio” means a real property tax assessment ratio, however designated or calculated, that is used under applicable general law to determine the assessable base.

(2) “Assessment ratio” includes the assessment percentage specified under § 8–103(c) of the Tax – Property Article.

(e) “Bond” means a revenue bond, note, or other similar instrument issued in accordance with this subtitle by:

(1) a political subdivision; or

(2) the revenue authority of Prince George’s County.

(f) “Chief executive” means the president, chair, mayor, or other chief executive officer of a political subdivision or the revenue authority of Prince George’s County.

(g) “Development” includes new development, redevelopment, revitalization, and renovation.

(h) (1) “Development district” means a contiguous area designated by a resolution.

(2) “Development district” includes an extraordinary development district.

(i) “Extraordinary development district” means a development district that:

(1) is designated as such by resolution; and

(2) contains at least 50 acres, on all or part of which a federal law enforcement agency will be located.

(j) “Issuer” means a political subdivision or the revenue authority of Prince George’s County that issues a bond under this subtitle.

(k) “MEDCO obligation” means a bond, note, or other similar instrument that the Maryland Economic Development Corporation issues under authority other than this subtitle to finance the cost of infrastructure improvements located in or supporting a transit–oriented development, a sustainable community, a RISE zone, or a State hospital redevelopment.

(l) “Original base” means the assessable base:

(1) as of January 1 of the year preceding the effective date of the resolution creating the development district under § 12–203 of this subtitle; or

(2) if the political subdivision determined the original base in accordance with § 12–203(b) of this subtitle, the base value as established in the resolution.

(m) “Original full cash value” means the dollar amount that is determined by dividing the original base by the assessment ratio used to determine the original base.

(n) “Original taxable value” means for any tax year the dollar amount that is:

(1) the adjusted assessable base, if an adjusted assessable base applies; or

(2) in all other cases, the lesser of:

(i) the product of multiplying the original full cash value by the assessment ratio applicable to that tax year; and

(ii) the original base.

(o) “Political subdivision” means a county or a municipal corporation.

(p) “RISE zone” means an area designated as a Regional Institution Strategic Enterprise zone under § 5–1404 of this article.

(q) “State hospital redevelopment” means any combination of private or public commercial, residential, or recreational uses, improvements, and facilities that:

(1) is part of a comprehensive coordinated development plan or strategy involving:

(i) property that was occupied formerly by a State facility, as defined in § 10–101 of the Health – General Article, or a State residential center, as defined in § 7–101 of the Health – General Article; or

(ii) property that is adjacent or reasonably proximate to property that was occupied formerly by a State facility, as defined in § 10–101 of the Health – General Article, or a State residential center, as defined in § 7–101 of the Health – General Article;

(2) in accordance with design development principles, maximizes use of the property by those constituencies it is intended to serve; and

(3) is designated as a State hospital redevelopment by:

(i) the Smart Growth Subcabinet established under § 9–1406 of the State Government Article; and

(ii) the local government or multicounty agency with land use and planning responsibility for the relevant area.

(r) (1) “Sustainable community” has the meaning stated in § 6–201 of the Housing and Community Development Article.

(2) “Sustainable community” includes a portion of a sustainable community.

(s) “Tax increment” means for any tax year the amount by which the assessable base as of January 1 of the preceding tax year exceeds the original base taxable value divided by the assessment ratio used to determine the original taxable value.

(t) “Tax year” means the period from July 1 of a calendar year through June 30 of the next calendar year.

(u) “Transit–oriented development” has the meaning stated in § 7–101 of the Transportation Article.
Md. Code, Commercial Law § 12-1013.2 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1013.2
§12–1013.
Status: in_force

§12–1013.2.

(a) (1) Except as provided under paragraph (2) of this subsection, the credit grantor shall deliver a copy of the agreement, note, or other evidence of the loan to the borrower no later than the time of consummation of the loan.

(2) If consummation of the loan does not occur in a face-to-face transaction between the credit grantor and the borrower, the credit grantor may delay delivering a copy of the agreement, note, or other evidence of the loan to the borrower until the due date of the first payment.

(b) If there is more than one borrower, a copy of the agreement, note, or other evidence of the loan may be delivered to any borrower who is primarily liable on the loan.

(c) Written acknowledgment by a borrower of delivery made in accordance with this section of a copy of the agreement, note, or other evidence of the loan is conclusive proof of the delivery as between the borrower and any assignee of the agreement, note, or other evidence of the loan without actual knowledge to the contrary.
Md. Code, Commercial Law § 12-1013 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1013
§12–1013.
Status: in_force

(a) Unless otherwise provided under the express terms of the agreement, note, or other evidence of the extension of closed end credit, the provisions of Subtitle 1, 3, 4, 5, 6, or 9 of this title do not apply to an extension of closed end credit if:

(1) The agreement, note, or other evidence of the extension of credit is made before October 1, 1993; and

(2) The extension of credit is made under this subtitle before October 1, 1993.

(b) For the purposes of subsection (a) of this section, an extension of credit is made under this subtitle if:

(1) The credit grantor has made a written election to do so in the agreement, note, or other evidence of the extension of credit; or

(2) The agreement, note, or other evidence of the extension of credit is made pursuant to the provisions of this subtitle.

(c) For the purposes of subsection (a) of this section, if there is no written election to extend credit under this subtitle, the burden of proof is on the credit grantor to show the agreement, note, or other evidence of the extension of credit was made pursuant to this subtitle.

(d) Any agreement, note, or other evidence of an extension of credit made before October 1, 1993 is not subject to § 12–1013.2 of this subtitle.

(e) Notwithstanding any other provision of this title, a loan shall be subject to the provisions of this subtitle, whether or not elected, if the loan:

(1) Is a shared appreciation agreement; and

(2) Does not allow the borrower to repay advances and have any repaid amounts subsequently readvanced to the borrower.
Md. Code, Business Occupations and Professions § 12-503 — MD Code / Article gbo / Title 12 / Subtitle 5 / Section 12-503
§12–503.
Status: in_force

(a) Each individual whom the State, a county, or a local government appoints or employs as a plumbing inspector shall:

(1) each year attend a continuing education course that the Board or, with the approval of the Board, a county or local government conducts; and

(2) meet minimum standards that:

(i) adequately ensure that the plumbing inspector is qualified to inspect in accordance with the State Plumbing Code;

(ii) are established:

1. by the county or local government in consultation with the Board; or

2. if there is no standard established by the county or local government, by the Board; and

(iii) are administered:

1. for a county or local government inspector, by the county or local government that appoints or employs the inspector; and

2. for a State inspector, by the State.

(b) (1) Except as provided in paragraph (2) of this subsection, a county or local government may employ an individual as a plumbing inspector only if the individual holds a master plumber license issued by the Board, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission.

(2) Paragraph (1) of this subsection does not apply to a county or local government that uses combination building code inspectors to conduct concurrent trade–specific inspections on residential or commercial buildings to determine compliance with adopted plumbing codes and building codes if the combination building code inspector, as part of the inspector’s training, has passed:

(i) a master plumber examination given by the Board, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission; or

(ii) the plumbing inspector’s test administered by the Board.

(c) An individual may not have any financial interest in any plumbing business while employed by the State, a county, or any local government as a plumbing inspector.

(d) (1) On appointment or employment, the individual shall place the master plumber license, journey plumber license, or limited license on inactive status.

(2) The Board may issue a plumbing inspector identification card to a plumbing inspector who has placed the appropriate license on inactive status.

(3) On termination of the appointment or employment of an individual as a plumbing inspector, the Board shall reactivate the master plumber license, journey plumber license, or limited license of an individual who is on inactive status, without examination, if the individual:

(i) makes a written request to the Board; and

(ii) pays to the Board a reactivation fee set by the Board.

(e) The Board may impose a reasonable fee to cover the costs of conducting the continuing education courses under subsection (a) of this section.
Md. Code, Health Occupations § 12-6B-08 — MD Code / Article gho / Title 12 / Subtitle 6B / Section 12-6B-08
§12–6B–08.
Status: in_force

(a) Each registered pharmacy technician shall:

(1) Display the pharmacy technician’s registration in the office or place of business in which the pharmacy technician is working; or

(2) Have the registration on the pharmacy technician’s person available for viewing.

(b) When performing delegated pharmacy acts, the registered pharmacy technician shall wear identification that conspicuously identifies the registered pharmacy technician as a registered pharmacy technician.
Md. Code, Business Regulation § 12-104 — MD Code / Article gbr / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

The Secretary shall pay all money collected under this title into the General Fund of the State.
Md. Code, Commercial Law § 12-925 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-925
§12–925.
Status: in_force

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

(2) “Fully indexed rate” means the index rate, as defined in the mortgage loan documents, prevailing at the time the mortgage loan is approved by the credit grantor, plus the margin that will apply after the expiration of an introductory interest rate.

(3) (i) “Mortgage loan” has the meaning stated in § 11–501 of the Financial Institutions Article.

(ii) “Mortgage loan” does not include a reverse mortgage loan.

(b) A credit grantor may not make a mortgage loan without giving due regard to the borrower’s ability to repay the mortgage loan in accordance with its terms, including the fully indexed rate of the mortgage loan, if applicable, and property taxes and homeowner’s insurance whether or not an escrow account is established for the collection and payment of these expenses.

(c) (1) Due regard to a borrower’s ability to repay a mortgage loan must include:

(i) Consideration of the borrower’s debt to income ratio, including existing debts and other obligations; and

(ii) Verification of the borrower’s gross monthly income and assets by review of third–party written documentation reasonably believed by the credit grantor to be accurate and complete.

(2) Acceptable third–party written documentation includes:

(i) The borrower’s Internal Revenue Service form W–2;

(ii) A copy of the borrower’s income tax return;

(iii) Payroll receipts;

(iv) The records of a financial institution; or

(v) Other third–party documents that provide reasonably reliable evidence of the borrower’s income or assets.

(3) This subsection does not apply to a mortgage loan:

(i) Approved for government guaranty by the Federal Housing Administration, the Veterans Administration, the United States Department of Agriculture, the Maryland Department of Housing and Community Development, or the Community Development Administration; or

(ii) That refinances an existing mortgage loan if the refinance mortgage loan is:

1. Offered under the federal Homeowner Affordability and Stability Plan; and

2. Made available by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
Md. Code, Commercial Law § 12-914 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-914
§12–914.
Status: in_force

(a) If any provision of this subtitle is held invalid, the invalidity shall not affect any other provision of this subtitle which can be given effect without the invalid provision.

(b) Notwithstanding any other provisions of this title, a plan under this subtitle is subject only to the disclosure requirements of this subtitle and, to the extent applicable, of the federal Truth in Lending Act and regulations promulgated thereunder.
Md. Code, Financial Institutions § 12-118 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-118
§12–118.
Status: in_force

A licensee shall conspicuously post, in 48 point or larger type, at each licensed location where the licensee provides check cashing services:

(1) A notice of the fees for check cashing services; and

(2) The phone number of the Commissioner for customers to file complaints.
Md. Code, Transportation § 12-206 — MD Code / Article gtr / Title 12 / Subtitle 2 / Section 12-206
§12–206.
Status: in_force

Except as otherwise provided in this article, a hearing held under the Maryland Vehicle Law shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act - Contested Cases).
Md. Code, Public Safety § 12-805 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-805
§12–805.
Status: in_force

(a) In this section, “assisted living program” has the meaning stated in § 19–1801 of the Health – General Article.

(b) The Commissioner shall administer and enforce Part II of this subtitle.

(c) (1) The Commissioner shall adopt regulations that conform generally to the American National Standard/American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI Code A17.1–1971, and all subsequent amendments and revisions to it.

(2) If necessary to fulfill the Commissioner’s responsibilities under Part II of this subtitle, the Commissioner shall:

(i) adopt regulations that amend standards set forth in the American National Standard/American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI Code A17.1–1971, and all subsequent amendments and revisions to it; and

(ii) adopt other regulations.

(3) The Commissioner may adopt regulations to authorize and regulate the installation and inspection of noncommercial elevator units in assisted living programs with five or fewer beds that are licensed by the Maryland Department of Health under § 19–1804.1 of the Health – General Article.

(4) The regulations shall be consistent with the requirements of § 12–1006 of this title.

(d) The Commissioner may assign duties and functions imposed by Part II of this subtitle to the chief elevator inspector.

(e) The cost of administering Part II of this subtitle is provided for under § 5–204 of the Labor and Employment Article.
Md. Code, Financial Institutions § 12-1002 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1002
§12–1002.
Status: in_force

(a) Subject to subsection (b) of this section, the provisions of this subtitle are in addition to and not in substitution for any other provision of law.

(b) A person who periodically receives funds from consumers to be used in connection with providing debt settlement services is not engaged in providing debt management services, and is not subject to Subtitle 9 of this title, if the person:

(1) Complies with the requirements of this subtitle;

(2) (i) Negotiates to settle a consumer’s debts by reducing the principal amount of the debts owed; and

(ii) Makes no more than six settlement payments for each debt; and

(3) Establishes a dedicated account that:

(i) Is separate from any trust account established by the person under § 12–917 of this title; and

(ii) Is not established solely for the purpose of holding consumer funds to be disbursed to the debt settlement services provider for fees.
Md. Code, Criminal Law § 12-208 — MD Code / Article gcr / Title 12 / Subtitle 2 / Section 12-208
§12–208.
Status: in_force

A court shall interpret §§ 12-201 through 12-207 of this subtitle liberally to treat as a lottery ticket any ticket, part of a ticket, or lottery device by which money is paid or another item is delivered when, in the nature of a lottery, an event or contingency occurs.
Md. Code, Public Safety § 12-307 — MD Code / Article gps / Title 12 / Subtitle 3 / Section 12-307
§12–307.
Status: in_force

(a) (1) The Department shall determine whether each proposed industrialized building meets the standards contained in the regulations of the Department.

(2) The determination shall include the evaluation and testing of the industrialized building and the quality control system at the factory of origin and at the building site.

(b) (1) The Department shall perform the determination required by subsection (a) of this section through its own personnel or through a designated agent.

(2) The designated agent shall be:

(i) qualified personnel of a local enforcement agency; or

(ii) a testing facility that is approved by the Department.

(3) The testing facility shall be:

(i) an architect or professional engineer whose registration is accepted by the State; or

(ii) a testing organization that is determined by the Department to be specifically qualified by reason of facilities, personnel, experience, and demonstrated reliability to investigate, test, and evaluate industrialized buildings or their component parts.

(4) In addition to evaluating and testing industrialized buildings or their component parts, the testing facility shall:

(i) list the units in compliance with the standards adopted by the Department;

(ii) provide adequate follow–up services at the point of manufacture to ensure that production units are in full compliance; and

(iii) provide for each unit an insignia in the form of a label, seal, or other evidence of compliance.

(c) A manufacturer of a building exempted from the applicability of this subtitle under § 12–301(d)(3)(iii) of this subtitle may elect to have the Department perform a determination under subsection (a) of this section for the purpose of the Department certifying and providing an insignia for the building under this subtitle.
Md. Code, Commercial Law § 12-112 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-112
§12–112.
Status: in_force

(a) This section does not apply to a loan subject to § 12–114.1 of this subtitle.

(b) A claim or plea of usury is not available against a legal or equitable assignee, endorsee, or transferee of any bond, draft, mortgage, deed of trust, security agreement, promissory note, or other instrument or evidence of indebtedness, if he receives it for a bona fide and legal consideration without notice of any usury in its creation or subsequent assignment.
Md. Code, Corporations and Associations § 12-804 — MD Code / Article gca / Title 12 / Subtitle 8 / Section 12-804
§12–804.
Status: in_force

This subtitle does not repeal, supersede, or in any manner affect any remedy or provision of law:

(1) For the collection of taxes, unemployment insurance contributions, or reimbursement payments and any interest and penalties due; or

(2) To compel the filing of annual reports.
Md. Code, Environment § 12-403 — MD Code / Article gen / Title 12 / Subtitle 4 / Section 12-403
§12–403.
Status: in_force

The Secretary shall adopt rules and regulations to carry out the provisions of this title.
Md. Code, Economic Development § 12-1103 — MD Code / Article gec / Title 12 / Subtitle 11 / Section 12-1103
§12–1103.
Status: in_force

§12–1103. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTERS 527 AND 528 OF 2024 //

The Authority consists of the following members:

(1) the President of the Allegany County Commissioners, or the President’s designee;

(2) the President of Frostburg State University, or the President’s designee;

(3) the President of Allegany College, or the President’s designee;

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

(5) the mayor of Frostburg, or the mayor’s designee;

(6) the President of the Allegany County Board of Education, or the President’s designee; and

(7) one member who is a resident of Allegany County designated by the members of the General Assembly that represent Allegany County.
Md. Code, Health Occupations § 12-512 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-512
§12–512.
Status: in_force

(a) In this section, “authorized prescriber” has the meaning stated in § 12–101 of this title.

(b) This section does not apply to:

(1) A controlled dangerous substance as defined in § 5–101 of the Criminal Law Article; or

(2) The first prescription or change in a prescription for a drug that an authorized prescriber prescribes for a patient.

(c) Except as provided in subsection (d) of this section, a pharmacist may dispense, in a single dispensing and exercising the professional judgment of the pharmacist, a quantity of a prescription drug that:

(1) Is up to the total number of dosage units authorized by the prescriber on the original prescription and any refills of the prescription;

(2) Except for a contraceptive dispensed on or after January 1, 2020, does not exceed a 90–day supply of the prescription drug; and

(3) For a contraceptive dispensed on or after January 1, 2020, does not exceed a 12–month supply of the prescription drug.

(d) A pharmacist may not dispense, in a single dose, a quantity of a prescription drug that exceeds the limit prescribed by a prescriber when the prescriber has indicated that the prescription be dispensed only as prescribed.
Md. Code, Corporations and Associations § 12-905 — MD Code / Article gca / Title 12 / Subtitle 9 / Section 12-905
§12–905.
Status: in_force

(a) A foreign statutory trust may cancel its registration by filing with the Department a certificate of cancellation executed by an authorized person.

(b) The filing of a certificate of cancellation does not terminate the authority of the Department to accept service of process on the foreign statutory trust with respect to causes of action arising out of doing business in this State.
Md. Code, Health Occupations § 12-702 — MD Code / Article gho / Title 12 / Subtitle 7 / Section 12-702
§12–702.
Status: in_force

(a) A person may not obtain a license by making any false representation.

(b) On conviction of a person for obtaining a license by false representation, the license held by that person is void.
Md. Code, Health Occupations § 12-319 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-319
§12–319.
Status: in_force

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

(1) The unauthorized practice of pharmacy; or

(2) Conduct that is a ground for disciplinary action under § 12-313 of this subtitle or § 12-6B-09 of this title.

(b) An action may be brought by:

(1) The Board, in its own name;

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

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

(c) An action under this section shall be brought in the county where the defendant resides or engages in the actions sought to be enjoined.

(d) Proof of actual damages or that a person will sustain damage if an injunction is not granted is not required for an action under this section.

(e) An action under this section is in addition to and not instead of criminal prosecution for unauthorized practice of pharmacy under § 12-701 of this title or disciplinary action under § 12-313 of this subtitle or § 12-6B-09 of this title.
Md. Code, Criminal Law § 12-307 — MD Code / Article gcr / Title 12 / Subtitle 3 / Section 12-307
§12–307.
Status: in_force

(a) Because of an act of God, or condemnation or abandonment of the primary business by the owner of a business operating on the premises, a person may:

(1) remove a slot machine from any premises on which a slot machine is allowed to operate under law; and

(2) transfer the slot machine to another premises within the same county.

(b) A person who transfers a slot machine from one premises to another may not increase the total number of machines allowed by law.
Md. Code, Public Safety § 12-828 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-828
§12–828.
Status: in_force

(a) (1) An applicant for a license shall:

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

(ii) submit to the Board any proof of eligibility that the Board requires; and

(iii) pay to the Board or designee of the Board an application fee set by the Board.

(2) The application fee is nonrefundable.

(b) Each application shall contain the following information:

(1) if the applicant is an individual, the name, residence, and business address of the applicant;

(2) if the applicant is a partnership, the name, residence, and business address of each general partner;

(3) if the applicant is a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation;

(4) if the applicant is a corporation other than a domestic corporation, the name and address of the resident agent;

(5) the number of years the applicant has engaged in the business of installing, altering, repairing, renovating, or servicing elevators;

(6) the approximate number of individuals, if any, to be employed by an applicant that is an elevator contractor or elevator renovator contractor and, if applicable, evidence satisfactory to the Board that the employees are or will be covered by workers’ compensation insurance;

(7) evidence satisfactory to the Board that the applicant is or will be covered by general liability, personal injury, and property damage insurance; and

(8) any other information that the Board requires.
Md. Code, Transportation § 12-114 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-114
§12–114.
Status: in_force

(a) Unless another method for giving notice is specifically required, the Administration shall give any notice that it is required or authorized to give under the Maryland Vehicle Law or any other law, either:

(1) By personal delivery to the person to be notified; or

(2) By mail to the person at the address of the person on record with the Administration.

(b) If notice is given by mail, the notice is effective at the end of the fifth day after its deposit in the mail.

(c) Proof that notice has been given may be made by the certificate of any officer or employee of the Administration or the affidavit of any adult, naming the person to whom the notice was given and stating the time, place, and manner of giving the notice.
Md. Code, Courts and Judicial Proceedings § 12-605 — MD Code / Article gcj / Title 12 / Subtitle 6 / Section 12-605
§12–605.
Status: in_force

(a) The court certifying a question of law to the Supreme Court of Maryland of this State shall issue a certification order and forward it to the Supreme Court of Maryland of this State.

(b) Before responding to a certified question, the Supreme Court of Maryland of this State may require the certifying court to deliver all or part of its record to the Supreme Court of Maryland of this State.
Md. Code, Alcoholic Beverages and Cannabis § 12-401 — MD Code / Article gab / Title 12 / Subtitle 4 / Section 12-401
§12–401.
Status: in_force

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

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

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

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

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

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

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

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

(8) § 2–208 (“Class 6 pub–brewery license”);

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

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

(11) § 2–212 (“Additional licenses”);

(12) § 2–213 (“Additional fees”);

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

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

(15) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(16) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the City:

(1) § 2–209 (“Class 7 micro–brewery license”), subject to § 12–403 of this subtitle; and

(2) § 2–216 (“Interaction between manufacturing entities and retailers”), subject to § 12–404 of this subtitle.
Md. Code, Education § 12-306 — MD Code / Article ged / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) (1) There is a University of Maryland Center for Economic and Entrepreneurship Development (UMCEED).

(2) UMCEED shall be located on the College Park Campus.

(b) Following all State law, regulations, and processes for program review and approval, UMCEED shall advance the education of students by developing degree and credential programs in the following fields of study:

(1) Virtual and augmented reality;

(2) Neurosciences;

(3) Biomedical devices;

(4) Data analytics;

(5) Cybersecurity; and

(6) Quantum technologies, advanced data computing, and information technologies.

(c) (1) The presidents shall appoint an Executive Director of UMCEED.

(2) The Executive Director shall:

(i) Ensure that the provisions of this section are carried out; and

(ii) Develop a plan to appropriately staff UMCEED in order to effectively carry out the duties of UMCEED.

(d) (1) The Governor shall include in the annual budget bill an appropriation of at least the following amounts to UMCEED for the following fiscal years:

(i) $2,000,000 for fiscal year 2018;

(ii) $4,000,000 for fiscal year 2019; and

(iii) $6,000,000 for fiscal year 2020 and each fiscal year thereafter.

(2) In addition to the appropriation required under paragraph (1) of this subsection, for fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $2,500,000 to UMCEED to be used to encourage the development and location of University created or sponsored technology companies in Prince George’s County.
Md. Code, Environment § 12-101 — MD Code / Article gen / 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 State Board of Waterworks and Waste Systems Operators.

(c) (1) “Certificate” means, unless the context requires otherwise, a certificate of certification as an operator, industrial operator, or superintendent, issued by the Board.

(2) “Certificate” includes:

(i) A certificate; and

(ii) A temporary certificate, as limited by § 12–305 of this title.

(d) “Certified industrial operator” means, unless the context requires otherwise, an industrial operator who is certified by the Board.

(e) “Certified operator” means, unless the context requires otherwise, an operator who is certified by the Board.

(f) “Certified superintendent” means, unless the context requires otherwise, a superintendent who is certified by the Board.

(g) (1) “Industrial operator” means an individual who operates the controls or maintains the logs of an industrial wastewater works.

(2) “Industrial operator” does not include a superintendent.

(h) “Industrial wastewater works” means a facility used to collect, store, pump, treat, or discharge any waste substance that results from:

(1) A manufacturing process;

(2) A business process; or

(3) The development of a natural resource.

(i) (1) “Operator” means an individual who participates in the operation of:

(i) A waterworks, including the control of the flow, processing, and distribution of water; or

(ii) A wastewater works, including the collection, control of flow, processing, and discharge of wastewater and effluent.

(2) “Operator” does not include a superintendent.

(j) “Responsible charge” means responsibility for the operation and performance of all or any part of a waterworks, wastewater works, or industrial wastewater works.

(k) “Superintendent” means an individual who is designated by any employing or appointing person, county, municipality, sanitary district, or this State as the individual in responsible charge of a waterworks, wastewater works, or industrial wastewater works.

(l) (1) “Wastewater works” means a facility used to collect, store, pump, treat, or discharge any liquid or waterborne waste.

(2) “Wastewater works” does not include:

(i) A facility that is used only by a private residence;

(ii) A facility that uses a septic tank or subsoil absorption; or

(iii) An industrial wastewater works.

(m) (1) “Waterworks” means a facility used to collect, store, pump, treat, or distribute water for human consumption.

(2) “Waterworks” does not include a facility that is used only by a private residence.
Md. Code, Financial Institutions § 12-922 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-922
§12–922.
Status: in_force

(a) To enable the Commissioner to determine compliance with this subtitle, a licensee shall make and preserve the following books, accounts, and records for a period of at least 7 years:

(1) A general ledger containing all assets, liability, capital, income, and expense accounts;

(2) Each debt management services agreement between the licensee and a consumer;

(3) Books and records for each consumer with whom the licensee has a debt management services agreement;

(4) Bank statements and bank reconciliation records;

(5) A copy of each written summary required under § 12–916(a)(1)(i)2 of this subtitle; and

(6) A copy of each signed acknowledgment required under § 12–916(a)(1)(i)3 of this subtitle.

(b) A licensee may retain the books, accounts, and records required under this section at any location, provided that the licensee:

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

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

(c) A licensee shall retain the books, accounts, and records required under this section in:

(1) Original form; or

(2) Photographic, electronic, or other similar form approved by the Commissioner.

(d) If the Commissioner finds that the books, accounts, and records of the licensee are insufficient to determine compliance with this subtitle, the Commissioner may require the licensee to have a certified public accountant audit the licensee, at the licensee’s expense, for any period of time that the Commissioner considers necessary.

(e) (1) A licensee shall keep all books, accounts, and records relating to a consumer confidential, and may not disclose any information about a consumer except to a duly authorized government official, the consumer, or the consumer’s representative.

(2) A duly authorized government official may disclose information obtained under paragraph (1) of this subsection only in accordance with Title 4 of the General Provisions Article.

(f) The requirements of this section also apply to books, accounts, and records in the possession of a subsidiary, affiliate, or other person that relate to the operation of and services provided by the licensee’s debt management services business.
Md. Code, Public Utilities § 12-106 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-106
§12–106.
Status: in_force

(a) There is a Maryland Underground Facilities Damage Prevention Authority.

(b) It is the intent of the General Assembly that the Authority not be funded by appropriations from the State budget.
Md. Code, Public Safety § 12-814 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-814
§12–814.
Status: in_force

(a) When an inspection by a State inspector discloses that an elevator unit is in unsafe condition so that its continued operation will violate the Safety Code, or any other regulation adopted by the Commissioner under Part II of this subtitle, a citation may be issued and penalties may be assessed in accordance with §§ 12–814.2 and 12–814.3 of this subtitle.

(b) (1) When an inspection by a third–party qualified elevator inspector discloses that an elevator unit is in unsafe condition so that its continued operation will violate the Safety Code, or any other regulation adopted by the Commissioner under Part II of this subtitle, the third–party qualified elevator inspector shall notify the Commissioner immediately.

(2) On notification, the Commissioner shall conduct an inspection of the unsafe condition to determine whether to issue a citation and assess penalties in accordance with §§ 12–814.2 and 12–814.3 of this subtitle.
Md. Code, Business Regulation § 12-101 — MD Code / Article gbr / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

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

(b) (1) “Dealer” means:

(i) an individual who acquires commercially from the public or trades commercially with the public in secondhand precious metal objects;

(ii) an individual who for compensation arranges for the sale or delivery of a secondhand precious metal object on behalf of a person that does not hold a license under this title; or

(iii) unless otherwise provided, a pawnbroker.

(2) “Dealer” includes a retail jeweler as to transactions in which the retail jeweler acquires commercially from the public or trades commercially with the public in secondhand precious metal objects.

(c) “Employee” means an individual who is employed by a dealer or pawnbroker to buy, sell, or supervise directly the buying or selling of secondhand precious metal objects.

(d) “Fixed business address” means a single physical location in Maryland where a licensee regularly conducts business and at which the licensee or an employee of the licensee is physically present:

(1) during normal business hours; or

(2) other hours as provided in the application for the license which are sufficient to provide an authorized law enforcement officer or agent access to the licensee’s place of business as provided in § 12–306 of this title.

(e) “License” means a license issued by the Secretary to do business as a dealer.

(f) “Local law enforcement unit” means the Maryland Department of State Police, a Maryland police department, or Maryland sheriff, as designated by resolution of the county or municipal governing body, with jurisdiction over any place where a dealer transacts business other than the dealer’s fixed business address.

(g) “Pawnbroker” means a person who engages in pawn transactions.

(h) “Pawn transaction” means a loan of money by a dealer on deposit or pledge of personal property or other valuable thing other than securities or printed evidences of indebtedness, or a purchase by a dealer of personal property or other valuable things on condition of selling the same back at a stipulated price.

(i) “Precious metal object” means:

(1) a precious metal that is:

(i) gold;

(ii) iridium;

(iii) palladium;

(iv) platinum; or

(v) silver;

(2) a precious or semiprecious stone, or a pearl, that is or appears to have been attached to or inlaid in a precious metal listed in item (1) of this subsection or any alloy of a precious metal; or

(3) an object that is composed of a precious metal listed in item (1) of this subsection or any alloy of a precious metal if:

(i) the market value of the metal in the object lies principally in its precious metal component; or

(ii) at least 25% of the weight of the object is precious metal.

(j) “Primary law enforcement unit” means the Department of State Police, a police department, or sheriff, as designated by resolution of the county or municipal governing body in the county in which the license is held.

(k) “Remount sale” means a transaction between a retailer and an existing customer to upgrade the customer’s precious or semiprecious stone or pearl by removing from an existing mounting and placing in a new mounting from the retailer and crediting the value of the existing mounting toward the cost of the new mounting.
Md. Code, Transportation § 12-111 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-111
§12–111.
Status: in_force

(a) The Administration shall keep a record of each application or other document filed with it and each certificate or other official document that it issues.

(b) (1) Subject to § 4–320 of the General Provisions Article, and except as otherwise provided by law, all records of the Administration are public records and open to public inspection during office hours.

(2) Subject to paragraph (4) of this subsection, the Administrator may classify as confidential and not open to public inspection any record or record entry:

(i) That is over 5 years old; or

(ii) That relates to any happening that occurred over 5 years earlier.

(3) Subject to § 4–320 of the General Provisions Article, a record or record entry of any age shall be open to inspection by authorized representatives of any federal, State, or local governmental agency.

(4) Subject to paragraph (3) of this subsection, the Administrator may not open to public inspection any record or record entry that is:

(i) All or part of a licensed driver’s public driving record; and

(ii) Over 3 years old.

(5) Subject to paragraph (6) of this subsection, the Administration may not permit public inspection of a digital photographic image or signature of an individual, or the actual stored data thereof, recorded by the Administration.

(6) The Administration may make a digital photographic image or signature of an individual, or the actual stored data thereof, recorded by the Administration available to:

(i) The courts;

(ii) Criminal justice agencies;

(iii) Driver license authorities;

(iv) The individual;

(v) The individual’s attorney;

(vi) Third parties designated by the individual; and

(vii) The Child Support Administration.

(c) Except for records required by law to be kept in their original or other specified form, the Administrator may order any record of the Administration to be kept on microfilm or in other microform, and the original destroyed.

(d) Except for records required by law to be kept longer, the Administrator may destroy any record of the Administration that it has kept for 3 years or more and that the Administrator considers obsolete and unnecessary to the work of the Administration.
Md. Code, Public Safety § 12-706 — MD Code / Article gps / Title 12 / Subtitle 7 / Section 12-706
§12–706.
Status: in_force

(a) In this section, “appliance” means any device that:

(1) contains and uses a class I or class II substance or a substitute for a class I or class II substance, as defined in 42 U.S.C. 7671a, as a refrigerant; and

(2) is used for a household or commercial purpose, including an air conditioner, a refrigerator, a chiller, or a freezer.

(b) Notwithstanding any other provision of law, except for regulations issued by the Department of the Environment, no provision of the State building code or other law or regulation may prohibit or otherwise limit the use of a refrigerant if:

(1) the refrigerant is designated as acceptable for use in accordance with 42 U.S.C. 7671k; and

(2) any appliance containing the refrigerant designated for acceptable use is installed and used in accordance with the safety standards and use conditions under 42 U.S.C. 7671k.
Md. Code, Tax - General § 12-305 — MD Code / Article gtg / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

(a) Unless otherwise authorized under this title, a person may not possess, sell, or attempt to sell unstamped cigarettes in the State.

(b) A person may not make, cause to be made, or procure an altered or counterfeited tax stamp.

(c) A person may not knowingly or willfully use, transfer, or possess an altered or counterfeited tax stamp.
Md. Code, Commercial Law § 12-1020 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1020
§12–1020.
Status: in_force

A credit grantor is not liable for any failure to comply with a provision of this subtitle if, within 60 days after discovering an error and prior to institution of an action under this subtitle or the receipt of written notice from the borrower, the credit grantor notifies the borrower of the error and makes whatever adjustments are necessary to correct the error.
Md. Code, Corporations and Associations § 12-201 — MD Code / Article gca / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

(a) Except as provided in subsection (b) of this section, a statutory trust may carry on any lawful business for any purposes.

(b) A statutory trust may not carry on the business of:

(1) Granting policies of insurance or assuming insurance risks; or

(2) Banking.

(c) Except as provided in its certificate of trust or governing instrument, a statutory trust has the general powers, whether or not the general powers are set forth in its certificate of trust or governing instrument, to:

(1) Sue, be sued, complain, and defend in all courts;

(2) Have, use, alter, or abandon a trust seal;

(3) Transact its business, carry on its operations, and exercise the powers granted by this article in any state, territory, district, and possession of the United States and in any foreign country;

(4) Make contracts and guarantees, incur liabilities, and borrow money;

(5) Sell, lease, exchange, transfer, convey, mortgage, pledge, and otherwise dispose of any or all of its assets;

(6) Issue bonds, notes, and other obligations and secure the obligations by mortgage or deed of trust of any or all of its assets;

(7) Acquire by purchase or in any other manner, and take, receive, own, hold, use, employ, improve, and otherwise deal with any interest in real or personal property, wherever located;

(8) Purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, loan, pledge, or otherwise dispose of and otherwise use and deal in and with stock and other interests in and obligations of other business entities, other statutory trusts, and individuals;

(9) Acquire its own shares of beneficial interest, bonds, notes, and other obligations and securities;

(10) Invest its surplus funds, lend money from time to time in any manner that may be appropriate to enable the statutory trust to carry on its operations or fulfill the purposes specified in its governing instrument, and take and hold real and personal property as security for the payment of funds so invested or loaned;

(11) Be a promoter, a partner, a member, an associate, or a manager of any partnership, joint venture, trust, or other enterprise;

(12) Make gifts or contributions in cash, other property, or stock or other securities of the statutory trust to or for the use of:

(i) The United States, this State, another state of the United States, a territory, possession, or district of the United States, or any institution, agency, or political subdivision of any of them; and

(ii) Any governmental or other organization, whether inside or outside the United States, for religious, charitable, scientific, civic, public welfare, literary, or educational purposes;

(13) Elect its officers and appoint its agents, define their duties, determine their compensation, and adopt and carry into effect employee and officer benefit plans;

(14) Exercise generally the powers set forth in its governing instrument and those granted by law; and

(15) Do every other act not inconsistent with law which is appropriate to promote and attain the purposes set forth in its governing instrument.
Md. Code, Criminal Law § 12-306 — MD Code / Article gcr / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) In this section, “premises” means an improved or unimproved parcel or tract of land that is owned by:

(1) a person; or

(2) persons associated in a joint or common venture.

(b) (1) Except as provided in paragraph (2) of this subsection, in a county or municipal corporation where, before July 1, 1963, county or municipal officials licensed slot machines for operation, a person may not, as an owner, lessor, lessee, licensor, licensee, or in any other capacity, keep or operate a slot machine for any purpose in any place of business or building or on any premises.

(2) Before disposing of a slot machine, the county commissioners or county executive of a county where a slot machine is located may require the slot machine to be:

(i) registered in a manner appropriate to the office of county executive or county commissioners; and

(ii) sealed against use, stored, and kept under the supervision and control of the county commissioners or county executive.
Md. Code, Economic Development § 12-702 — MD Code / Article gec / Title 12 / Subtitle 7 / Section 12-702
§12–702.
Status: in_force

§12–702. IN EFFECT

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

This subtitle shall be liberally construed to accomplish its purposes.
Md. Code, Health Occupations § 12-408 — MD Code / Article gho / Title 12 / Subtitle 4 / Section 12-408
§12–408.
Status: in_force

(a) A pharmacy permit is not transferable.

(b) Each pharmacy permit shall be displayed conspicuously in the pharmacy for which it is issued.
Md. Code, State Personnel and Pensions § 12-107 — MD Code / Article gsp / Title 12 / Subtitle 1 / Section 12-107
§12–107.
Status: in_force

(a) The parties may agree to waive any time limitations specified in this title.

(b) If the individual responsible to prepare a decision to a grievance at Step One or Step Two of the grievance procedure cannot respond within the time specified in this title because the individual is on approved leave for 3 or more days:

(1) the period for the decision shall be extended by the number of days of the approved leave, up to a maximum of 14 days; and

(2) the grievant shall be notified of the extension of time.
Md. Code, Commercial Law § 12-315 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-315
§12–315.
Status: in_force

This subtitle shall be interpreted and construed to effectuate its general remedial purpose.
Md. Code, Alcoholic Beverages and Cannabis § 12-2604 — MD Code / Article gab / Title 12 / Subtitle 26 / Section 12-2604
§12–2604.
Status: in_force

(a) The Board may subpoena records pertaining to a licensed establishment.

(b) (1) The Board may petition the circuit court if a witness refuses to produce a subpoenaed record.

(2) The court may proceed by attachment against the witness as if the refusal had been by a witness summoned to appear in a case pending before the court.

(c) (1) The Board may charge fees for the production and service of a summons and hearing notice.

(2) The fees are:

(i) $25, for the production of hearing notices or summonses requested by parties appearing before the Board;

(ii) $5, for each address served if the address is provided to the Board and the service is by mail; and

(iii) $25, for each address served if the service is performed by an employee of the Board.

(3) In addition to any other fine, penalty, or cost, the Board may impose a $100 administrative hearing fee on a license holder:

(i) whom the Board charges with a violation of law concerning the sale of alcoholic beverages; or

(ii) who requests a transfer or expansion of the license or a new license.
Md. Code, Public Safety § 12-839 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-839
§12–839.
Status: in_force

Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
Md. Code, Housing and Community Development § 12-507 — MD Code / Article ghs / Title 12 / Subtitle 5 / Section 12-507
§12–507.
Status: in_force

A State public body may not require changes to be made in a housing project or the manner of its construction or take any other action relating to the construction if the authority:

(1) has acquired or taken over the housing project from the federal government; and

(2) has found and declared by resolution that the housing project was constructed in a way that will promote the public interest and afford necessary safety, sanitation, and other protection.
Md. Code, Alcoholic Beverages and Cannabis § 12-1001.5 — MD Code / Article gab / Title 12 / Subtitle 10 / Section 12-1001.5
§12–1001.
Status: in_force

§12–1001.5.

(a) There is a Class M–F (Municipal Family Fun Center) license for use at a municipal bowling alley and skating rink located on the odd side of the 1600 block of Pennsylvania Avenue.

(b) The Board may issue the license to an individual who:

(1) is authorized by the Mayor and City Council of Baltimore City through a management agreement to sell food, beer, wine, and liquor for on–premises consumption; and

(2) has executed a memorandum of understanding with the Upton West Community Association.

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

(d) The hours of sale for alcoholic beverages are:

(1) from 11:30 a.m. to 11 p.m. Monday through Thursday;

(2) from 11:30 a.m. to midnight on Friday;

(3) from 9 a.m. to midnight on Saturday; and

(4) from 9 a.m. to 11 p.m. on Sunday.

(e) The Board shall adopt regulations to carry out this section, including regulations concerning the holding of events that are closed to the public.

(f) The license holder may not:

(1) participate in or publicize, in or outside of the licensed premises, a pub crawl authorized under § 12–1101.1 of this title; or

(2) except for an event that is closed to the public, allow an open bar to be operated.

(g) The annual license fee is $500.
Md. Code, Business Occupations and Professions § 12-304 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) Except as otherwise provided in § 12-304.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.

(b) (1) Subject to paragraph (2) of this subsection, the Board shall give examinations to qualified applicants at the times and places that the Board determines.

(2) The Board shall give an examination at least once a year in Baltimore City.

(c) The Board shall give each qualified applicant notice of the time and place of examination.

(d) (1) The Board shall determine the subjects, scope, and form of and the passing score for examinations given under this subtitle.

(2) The Board shall provide examination questions that test the competency and qualifications of the applicant.

(3) When testing an applicant for a master plumber license or a master natural gas fitters license, the examination given by the Board shall include at a minimum the following areas:

(i) gas fitting regulations;

(ii) safety regulations;

(iii) pipe sizing;

(iv) common principles of mathematics and physics relating to gas fitting;

(v) interpretation of plans and drawings showing the arrangement and connection of natural gas pipes, fixtures, or equipment;

(vi) design and construction of natural gas systems for buildings; and

(vii) venting gas appliances.

(e) (1) If an applicant fails an examination given by the Board, the Board shall give the applicant notice of the right of the applicant to have the papers of the applicant regraded.

(2) On written request to the Board, an applicant who failed an examination may:

(i) review the examination questions and the answers given by the applicant; and

(ii) have the examination regraded.

(f) If an applicant fails to appear for a scheduled examination, the Board may require the applicant to pay another examination fee under § 12-303 of this subtitle before rescheduling an examination for the applicant.
Md. Code, Business Regulation § 12-302 — MD Code / Article gbr / Title 12 / Subtitle 3 / Section 12-302
§12–302.
Status: in_force

(a) In addition to any other information required by the Secretary, the records of a dealer shall include:

(1) the date, place, and time of each transaction that involves the acquisition of a precious metal object;

(2) the name and address of the principal, if the transaction is by an agent;

(3) a description of the precious metal object, including:

(i) its approximate metallic composition;

(ii) any jewels, stones, or glass parts;

(iii) any mark, number, word, or other identification on the precious metal object;

(iv) its weight, if payment is based on weight;

(v) a statement whether it appears to have been altered by any means, including:

1. obscuring a serial number or identifying feature;

2. melting; or

3. recutting a gem; and

(vi) the amount paid or other consideration;

(4) for each individual from whom the dealer acquires a precious metal object:

(i) the name, date of birth, and driver’s license number of the individual; or

(ii) identification information about the individual that:

1. positively identifies the individual from at least 2 forms of identification, which may include an age of majority card, uniformed services identification, or passport; and

2. provides a physical description of the individual, including the sex, race, any distinguishing features, and approximate age, height, and weight of the individual;

(5) a statement indicating whether or not the person making the transaction is personally known to the dealer; and

(6) the signature of the person from whom the precious metal object or personal property is acquired and the dealer or employee who accepted the precious metal object.

(b) In addition to any other information required by the Secretary, the records of a pawnbroker shall include, for each item pawned:

(1) the type of item;

(2) its manufacturer, model number, year of manufacture if known, and serial number if known; and

(3) its color and size.
Md. Code, Health Occupations § 12-6A-06 — MD Code / Article gho / Title 12 / Subtitle 6A / Section 12-6A-06
§12–6A–06.
Status: in_force

(a) A protocol under this subtitle:

(1) May authorize:

(i) For protocols by a licensed physician and licensed pharmacist, the initiation of drug therapy under written, disease–state specific protocols;

(ii) The modification, continuation, and discontinuation of drug therapy under written, disease–state specific protocols;

(iii) The ordering of laboratory tests; and

(iv) Other patient care management measures related to monitoring or improving the outcomes of drug or device therapy; and

(2) May not authorize acts that exceed the scope of practice of the parties to the therapy management contract.

(b) A protocol shall prohibit the substitution of a chemically dissimilar drug product by the pharmacist for the product prescribed by the authorized prescriber, unless permitted in the therapy management contract.
Md. Code, Courts and Judicial Proceedings § 12-610 — MD Code / Article gcj / Title 12 / Subtitle 6 / Section 12-610
§12–610.
Status: in_force

Fees and costs are the same as in civil appeals docketed before the Supreme Court of Maryland of this State and shall be equally divided between the parties unless otherwise ordered by the certifying court.
Md. Code, Corporations and Associations § 12-208 — MD Code / Article gca / Title 12 / Subtitle 2 / Section 12-208
§12–208.
Status: in_force

Except as provided in the governing instrument of a statutory trust, the trustees shall elect the officers and appoint the managers, employees, and other agents of the statutory trust.
Md. Code, Financial Institutions § 12-421 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-421
§12–421.
Status: in_force

If the Commissioner finds that the books, records, and accounting procedures of a licensee are not adequate to enable the Commissioner to determine whether the licensee is in compliance with this subtitle, the Commissioner may require the licensee to have a certified public accountant audit the licensee for any period of time the Commissioner considers necessary or adopt standard, recognized accounting and bookkeeping procedures and records for this purpose.
Md. Code, Public Safety § 12-306 — MD Code / Article gps / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) An industrialized building that is manufactured after June 30, 1977, may not be sold, offered for sale, or installed in the State unless the industrialized building:

(1) is certified by the Department for sale in the State; and

(2) bears the insignia provided by the Department.

(b) A manufactured home that is manufactured after January 1, 1973, may not be sold or offered for sale to a first user in the State unless the manufactured home:

(1) is certified by the Department for sale in the State and bears the insignia provided by the Department; or

(2) is certified and labeled under the Manufactured Home Construction and Safety Standards Act.
Md. Code, Local Government § 12-511 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-511
§12–511.
Status: in_force

This part applies to all counties, except Baltimore City and Queen Anne’s County.
Md. Code, Financial Institutions § 12-406 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-406
§12–406.
Status: in_force

(a) To qualify for a license, an applicant shall satisfy the Commissioner that the applicant:

(1) Is of good moral character and has sufficient financial responsibility, business experience, and general fitness to:

(i) Engage in the business of money transmission;

(ii) Warrant the belief that the business of money transmission will be conducted lawfully, honestly, fairly, and efficiently; and

(iii) Command the confidence of the public;

(2) Will keep at all times the permissible investments required under § 12–418 of this subtitle;

(3) Has a tangible net worth computed according to generally accepted accounting principles of at least $150,000, plus an additional net worth of $10,000 for each licensed location or authorized delegate, up to a maximum of $500,000 as provided in subsection (b) of this section; and

(4) Has at least 3 years of experience in the business of money transmission or other related financial services business under the following conditions:

(i) If the applicant is a sole proprietor, the applicant shall have the required experience;

(ii) If the applicant is a joint venture or partnership, at least one of the coventurers or general partners shall have the required experience; and

(iii) If the applicant is any other type of business, at least one of the principal officers or members shall have the required experience.

(b) The Commissioner may require a net worth of up to $500,000, subject to consideration of the following:

(1) The nature and volume of the business or proposed business of the applicant;

(2) The amount, nature, quality, and liquidity of the assets of the applicant;

(3) The amount and nature of the liabilities, including contingent liabilities, of the applicant;

(4) The history of, and prospects for, the applicant to earn and retain income;

(5) The quality of the operations of the applicant;

(6) The quality of the management of the applicant;

(7) The nature and quality of the person that has control of the applicant; and

(8) Any other factor the Commissioner deems relevant.
Md. Code, Financial Institutions § 12-408.1 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-408.1
§12–408.
Status: in_force

§12–408.1.

(a) (1) The requirements under any federal law and Title 4, Subtitles 1 through 5 of the General Provisions Article regarding the privacy or confidentiality of information or material provided to NMLS, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to that information or material, shall continue to apply to that information or material after the information or material has been disclosed to NMLS.

(2) The information and material may be shared with all state and federal regulatory officials having oversight authority over the money transmission industry, including the Financial Crimes Enforcement Network, without the loss of privilege or the loss of confidentiality protections provided by federal law or Title 4, Subtitles 1 through 5 of the General Provisions Article.

(b) The Commissioner may enter into information–sharing agreements with other governmental agencies, the Conference of State Bank Supervisors, or other associations representing governmental agencies, including the Financial Crimes Enforcement Network.

(c) Information or material that is subject to a privilege or confidentiality under subsection (a) of this section may not be subject to:

(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or agency of the federal government or a state that has received the information or material; or

(2) Subpoena, discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by NMLS, the person to whom the information or material pertains waives, in whole or in part, that privilege.

(d) Any provisions of Title 4, Subtitles 1 through 5 of the General Provisions Article relating to the disclosure of any information or material described in subsection (a) of this section that are inconsistent with subsection (a) of this section shall be superseded by the requirements of this section.

(e) This section does not apply to information or material relating to publicly adjudicated disciplinary and enforcement actions against a money transmitter or its authorized delegate that is included in NMLS and designated for access by the public.
Md. Code, Corporations and Associations § 12-105 — MD Code / Article gca / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

(a) This title shall be liberally construed to give maximum effect to the principle of freedom of contract and to the enforceability of governing instruments.

(b) The presumption that a civil statute in derogation of the common law is construed strictly does not apply to this title.
Md. Code, Family Law § 12-102.1 — MD Code / Article gfl / Title 12 / Subtitle 1 / Section 12-102.1
§12–102.
Status: in_force

§12–102.1.

(a) A medical support notice:

(1) may be issued by a child support agency in any child support case in which a circuit court of this State or tribunal of another jurisdiction has ordered a parent to include the child in the parent’s health insurance coverage; and

(2) shall be issued by a child support agency in all child support cases enforced by the Administration in which a noncustodial parent’s employer is known and a circuit court of this State or tribunal of another jurisdiction has ordered the parent to include the child in the parent’s health insurance coverage, unless the court order or administrative order provides for alternative health insurance coverage.

(b) A medical support notice shall:

(1) be in a format approved by the federal government;

(2) be a separate document that does not include any other orders or pleadings; and

(3) include the following information:

(i) a statement explaining the employer’s obligations under this subtitle to withhold any employee contributions due in connection with health insurance coverage for the employee’s child;

(ii) a statement explaining that, subject to further orders of the circuit court of this State or tribunal of another jurisdiction, the employer is required to withhold the appropriate amount on a regular and continuing basis beginning with the next pay period after receipt of the appropriate part of the medical support notice indicating the employee’s child is eligible for enrollment;

(iii) an explanation of the application of the federal Consumer Credit Protection Act limits;

(iv) an explanation of the applicability of any prioritization required when available funds are insufficient for full withholding for both child support and medical support;

(v) any other information that the employer needs to comply with the medical support notice;

(vi) a statement that failure to comply with the medical support notice without good cause may subject the employer or carrier to civil penalties;

(vii) a statement of the employee’s right to contest the withholding based on a mistake of fact; and

(viii) the name and telephone number of the appropriate person to contact at the Administration about the medical support notice.

(c) Subject to federal law, a medical support notice has priority over any other lien or legal process, except for current support and support arrears withheld under an earnings withholding order or notice.

(d) A medical support notice that is completed appropriately and satisfies the conditions of § 609(a) of Title I of the Employee Retirement Income Security Act shall:

(1) be treated as a qualified medical child support order by a carrier;

(2) have the same force and effect as a qualified medical child support order; and

(3) be enforceable in the same manner as a qualified medical child support order.

(e) A medical support notice issued in another state shall be enforced in the same manner as a medical support notice issued in this State.
Md. Code, Corporations and Associations § 12-403 — MD Code / Article gca / Title 12 / Subtitle 4 / Section 12-403
§12–403.
Status: in_force

(a) Except as provided in its governing instrument, a statutory trust shall have the power to:

(1) Indemnify and hold harmless, and to obligate itself to indemnify and hold harmless, any trustee, officer, employee, or agent from and against any and all claims and demands whatsoever; and

(2) Pay or reimburse in advance of final disposition of a proceeding, as defined in § 2–418 of this article, reasonable expenses incurred in connection with the proceeding.

(b) Except as provided in the governing instrument of a statutory trust, a trustee shall be indemnified to the same extent as a director of a corporation under § 2–418 of this article.
Md. Code, Economic Development § 12-901 — MD Code / Article gec / Title 12 / Subtitle 9 / Section 12-901
§12–901.
Status: in_force

In this subtitle, “target area” means the City of Mount Rainier, the Town of Brentwood, the Town of Cottage City, the City of Bladensburg, the Town of Colmar Manor, and the Town of North Brentwood in Prince George’s County.
Md. Code, Courts and Judicial Proceedings § 12-201 — MD Code / Article gcj / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

Except as provided in § 12–202 of this subtitle, in any case or proceeding pending in or decided by the Appellate Court of Maryland upon appeal from a circuit court or an orphans’ court or the Maryland Tax Court, any party, including the State, may file in the Supreme Court of Maryland a petition for certiorari to review the case or proceeding. The petition may be filed either before or after the Appellate Court of Maryland has rendered a decision, but not later than the time prescribed by the Maryland Rules. In a case or proceeding described in this section, the Supreme Court of Maryland also may issue the writ of certiorari on its own motion.
Md. Code, Financial Institutions § 12-423 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-423
§12–423.
Status: in_force

(a) To discover any violations of this subtitle or to obtain any information required by this subtitle, the Commissioner at any time may investigate the business of:

(1) Any licensee;

(2) Any person who is engaged or participating in the business of money transmission, whether as authorized delegate, principal, agent, or otherwise; and

(3) Any other person who the Commissioner has cause to believe is violating this subtitle or any regulation adopted under this subtitle whether that person claims to be within or beyond the scope of this subtitle.

(b) For the purposes of this section, the Commissioner:

(1) Shall be given access to the place of business, books, papers, records, safes, and vaults of the person under investigation; and

(2) May summon and examine under oath any person whose testimony the Commissioner requires.

(c) (1) If a person fails to comply with a subpoena or summons of the Commissioner under this subtitle or to testify concerning any matter about which the person may be interrogated under this subtitle, the Commissioner may file a petition for enforcement with the circuit court for any county.

(2) On petition by the Commissioner, the court may order the person to attend and testify or produce evidence.
Md. Code, Tax - Property § 12-103 — MD Code / Article gtp / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

(a) (1) Except as provided in subsection (a–1) of this section, the recordation tax rates under this section are applied to each $500 or fraction of $500 of consideration payable or of the principal amount of the debt secured for an instrument of writing.

(2) The consideration:

(i) includes the amount of any mortgage or deed of trust assumed by the grantee; and

(ii) subject to item (i) of this paragraph, includes only the amount paid or delivered in return for the sale of the property and does not include the amount of any debt forgiven or no longer secured by a mortgage or deed of trust on the property.

(a–1) (1) The recordation tax rates under this section are applied to each $500 or fraction of $500 of consideration paid for the conveyance of a controlling interest in a real property entity as defined in § 12–117 of this title that has developed real property under Section 42 of the Internal Revenue Code, the Low Income Housing Tax Credit Program.

(2) The consideration under this subsection shall be the actual payment made by the purchaser to the seller for the purchase of the interest.

(b) (1) The Mayor and City Council of Baltimore City or the governing body of a county may set, by law, the recordation tax rate in the county.

(2) The Mayor and City Council of Baltimore City or the governing body of a county may provide for an exemption from the tax of a specified amount of the consideration payable on the conveyance of owner–occupied residential property if the buyer intends to use the property as the buyer’s principal residence by actually occupying the residence for at least 7 months of a 12–month period.

(3) The governing body of a county or Baltimore City may provide for an exemption from the recordation tax for an instrument of writing for residentially improved owner–occupied real property if the instrument of writing is accompanied by a statement under oath signed by each grantee that:

(i) 1. the grantee is an individual who has never owned in the State residential real property that has been the individual’s principal residence; and

2. the residence will be occupied by the grantee as the grantee’s principal residence; or

(ii) 1. the grantee is a co–maker or guarantor of a purchase money mortgage or purchase money deed of trust as defined in § 12–108(i) of this title for the property; and

2. the grantee will not occupy the residence as the co–maker’s or guarantor’s principal residence.

(c) The recordation tax rate is 55 cents for an instrument of writing for property that:

(1) is located in 2 or more counties; and

(2) is security for a corporate bond of a public service company as defined in § 1–101 of the Public Utilities Article.

(d) For articles of merger or articles of consolidation filed with the Department under § 3–107 of the Corporations and Associations Article, or other document filed with the Department which evidences a merger or consolidation of foreign corporations, foreign limited liability companies, foreign partnerships, or foreign limited partnerships, the recordation tax rate is $1.65. The Department shall collect the recordation tax when the articles of merger, articles of consolidation, or other document which evidences a merger or consolidation of foreign corporations, foreign limited liability companies, foreign partnerships, or foreign limited partnerships are filed.
Md. Code, State Personnel and Pensions § 12-205 — MD Code / Article gsp / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

(a) (1) Within 10 days after receiving a decision under § 12-204 of this subtitle, a grievant or a grievant’s representative may appeal the decision in writing to the Secretary.

(2) An appeal shall include a copy of the decision being appealed and any prior decisions.

(b) (1) Within 30 days after an appeal is received, the Secretary or designee shall:

(i) review the grievance record;

(ii) if the grievance is based on a position reclassification, order an audit of the position if it has not been audited within the last year; and

(iii) take the action described in paragraph (2) of this subsection and give the parties written notice of that action.

(2) (i) If the Secretary or designee does not concur with the decision of the unit, the Secretary or designee shall attempt to resolve the grievance with a settlement that is binding on all parties.

(ii) The Secretary or designee shall determine whether the principal unit that employs the grievant will accept a settlement.

(iii) If the grievance is not settled, the Secretary or designee shall refer the grievance to the Office of Administrative Hearings.

(c) (1) (i) The Office of Administrative Hearings shall dispose of the grievance or conduct a hearing on each grievance received from the Secretary in accordance with Title 10, Subtitle 2 of the State Government Article.

(ii) The Office is bound by any regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the Department is or would have been bound if it were hearing the case.

(iii) The employee has the burden of proof by a preponderance of the evidence.

(2) (i) Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue a written decision to the parties and may grant any appropriate remedy under § 12-402 of this title.

(ii) The decision of the Office of Administrative Hearings is the final administrative decision.

(3) Any costs the Office of Administrative Hearings incurs for the appeal of a grievance to the Office of Administrative Hearings shall be paid by the principal unit that employs the grievant.
Md. Code, State Government § 12-305 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

Before a State officer or State employee may be represented under this Part II of this subtitle, the Attorney General shall have the officer or employee enter into an agreement that:

(1) enables the Attorney General to require, from the officer or employee, reimbursement of court costs, reasonable counsel fees, and other expenses in representing the officer or employee if:

(i) it is determined judicially that:

1. the defense of sovereign immunity is not available to the officer or employee;

2. the injuries arose out of an act or omission of the officer or employee; and

3. the act or omission was malicious or grossly negligent or, when the act or the omission was made, the officer or employee was not performing a duty within the scope of the employment of the officer or employee; and

(ii) the officer or employee did not give the Attorney General complete information or gave the Attorney General information that is false or misleading;

(2) authorizes collection of the reimbursement, as a debt due to the State;

(3) states that:

(i) this representation of the officer or employee does not constitute an obligation for the State to pay a settlement, if the claim is settled, or a judgment, if judgment is rendered against the officer or employee;

(ii) the State and its units are not responsible for payment of the judgment; and

(iii) the officer or employee is entitled to submit to the Board of Public Works an application for payment of a settlement or judgment;

(4) provides that:

(i) the Attorney General may not compromise or settle the claim against the officer or employee without the written consent of the officer or employee;

(ii) if the officer or employee will not consent, the Attorney General may withdraw the appearance in accordance with the appropriate court rules; and

(iii) the State is not responsible for any costs after the withdrawal; and

(5) includes any other provisions that the Attorney General considers necessary.
Md. Code, Insurance § 12-204 — MD Code / Article gin / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) The Commissioner may hold hearings to determine if accident, disability, and health insurance policies meet the requirements of § 12-205 of this subtitle, so that fraud and the issuance of insurance policies economically unsound to insureds may be prevented and to ensure that a minimum amount of benefits or coverage is made available to the policy or certificate holders.

(b) After evaluating the results of a hearing, the Commissioner shall, in compliance with § 12-205 of this subtitle, adopt reasonable regulations establishing minimum benefits or coverages necessary to meet the needs of insureds.
Md. Code, Commercial Law § 12-1013.1 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1013.1
§12–1013.
Status: in_force

§12–1013.1.

(a) (1) On or after October 1, 1993, a credit grantor may at its option elect to make a loan to any borrower either pursuant to this subtitle or as otherwise permitted by applicable law.

(2) In order to make a loan under this subtitle, a credit grantor shall make a written election to that effect in the agreement, note, or other evidence of the loan.

(b) (1) If a credit grantor elects in accordance with this section to make a loan under this subtitle, the provisions of Subtitle 1, 3, 4, 5, 6, or 9 of this title do not apply to the loan.

(2) If a person fails to elect in accordance with this section to extend closed end credit under this subtitle, the provisions of this subtitle do not apply.
Md. Code, Health Occupations § 12-6D-11 — MD Code / Article gho / Title 12 / Subtitle 6D / Section 12-6D-11
§12–6D–11.
Status: in_force

Subject to the hearing provision of § 12–315 of this title, the Board may deny a pharmacy intern’s registration to any applicant, reprimand a registered pharmacy intern, place any pharmacy intern’s registration on probation, or suspend or revoke a pharmacy intern’s registration if the applicant or pharmacy intern registrant:

(1) Performs an act that is restricted to a licensed pharmacist;

(2) Practices pharmacy without the direct supervision of a licensed pharmacist;

(3) Fraudulently or deceptively obtains or attempts to obtain a pharmacy intern’s registration for the applicant or assists or attempts to assist another in fraudulently or deceptively obtaining a pharmacy intern’s registration;

(4) Fraudulently uses a pharmacy intern’s registration;

(5) Knowingly aids an unauthorized individual to practice pharmacy or to represent that the individual is a licensed pharmacist or registered pharmacy intern;

(6) Practices pharmacy while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(7) Willfully makes or files a false report or record as part of the registered pharmacy intern’s duties or employment;

(8) Willfully fails to file or record any report that is required by law;

(9) Willfully impedes or obstructs the filing or recording of any report that is required by law;

(10) Willfully induces another to fail to file or record any report that is required by law;

(11) Provides or causes to be provided to any authorized prescriber prescription forms that bear the name, address, or other means of identification of a licensed pharmacist or pharmacy;

(12) Knowingly aids a licensed pharmacist in dispensing any drug, device, or diagnostic for which a prescription is required without a written, oral, or electronically transmitted prescription from an authorized prescriber;

(13) Unless an authorized prescriber authorizes the refill, refills a prescription for any drug, device, or diagnostic for which a prescription is required;

(14) Is physically or mentally incompetent;

(15) Pleaded guilty or nolo contendere to, or has been found guilty of, a felony or a crime involving moral turpitude, regardless of whether:

(i) An adjudication of guilt or sentencing or imposition of sentence is withheld; or

(ii) Any appeal or other proceeding is pending regarding the matter;

(16) Violates any provision of this title;

(17) Is disciplined by a licensing, registering, or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

(18) Violates any regulation adopted by the Board;

(19) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the registered pharmacy intern is registered and qualified to render because the individual is HIV positive;

(20) Participates in any activity that is grounds for Board action under § 12–313, § 12–409, or §12–6B–09 of this title;

(21) Provides or causes to be provided confidential patient information to any person without first having obtained the patient’s consent, as required by § 12–403(b)(13) of this title and by Title 4, Subtitle 3 of the Health – General Article; or

(22) Fails to cooperate with a lawful investigation conducted by the Board or the Office of Controlled Substances Administration.
Md. Code, Commercial Law § 12-506.1 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-506.1
§12–506.
Status: in_force

§12–506.1.

(a) In this section “credit balance” means a balance on an open end retail credit account which indicates that the buyer has made payments or obtained refunds in excess of charges, resulting in a credit due to the buyer.

(b) If there is a credit balance in excess of $1 on any retail credit account:

(1) The holder shall send to the buyer a monthly statement which indicates the amount of the credit balance; and

(2) If the credit balance remains the same after four consecutive monthly statements, the holder shall send to the buyer a check or money order in the full amount of the credit balance.

(c) The provisions of this section shall apply only to credit balances remaining the same after four consecutive monthly statements for billing periods commencing after July 1, 1975.
Md. Code, Housing and Community Development § 12-402 — MD Code / Article ghs / Title 12 / Subtitle 4 / Section 12-402
§12–402.
Status: in_force

Except for rental units that may be occupied by others under § 12-503(a)(4) of this title, an authority:

(1) shall rent the housing units in a housing project only:

(i) to persons of eligible income, except for a reasonable number of housing units that may be occupied by management and security personnel; and

(ii) at rentals within the financial reach of persons of eligible income;

(2) may not accept a person as a tenant in a housing project if the aggregate annual income of the person or persons who would occupy the housing unit exceeds the maximum income level established for persons of eligible income; and

(3) shall prohibit subletting by tenants.
Md. Code, State Government § 12-404 — MD Code / Article gsg / Title 12 / Subtitle 4 / Section 12-404
§12–404.
Status: in_force

Subject to the limitations in this subtitle, the Board of Public Works may:

(1) pay wholly or partly a settlement or judgment against the State or any State personnel; and

(2) include, in the payment, counsel fees and costs.