Md. Code, Insurance § 16-216 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-216
§16–216.
Status: in_force

(a) Subject to subsection (b) of this section, a policy of life insurance may not contain:

(1) a provision that the insurer may reduce or deny liability under the policy because the insured has previously obtained other insurance from the same insurer;

(2) a provision that gives the insurer the right to declare the policy void because the insured has had a disease or ailment, whether specified or not, or has received institutional, hospital, medical, or surgical treatment or attention; or

(3) a provision that gives the insurer the right to declare the policy void because the insured has been rejected for insurance, unless the right is conditioned on a showing by the insurer that knowledge of the rejection would have led to a refusal by the insurer to issue the policy.

(b) Subsection (a)(2) of this section does not prohibit a policy provision that gives the insurer the right to declare the policy void if:

(1) the insured has received institutional, hospital, medical, or surgical treatment or attention within 2 years before the policy was issued; and

(2) the insured or a claimant under the policy fails to show that the condition occasioning the treatment or attention was not serious or was not material to the risk.
Md. Code, Land Use § 16-306 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-306
§16–306.
Status: in_force

Any dispute about the eligibility of an employee in the bargaining unit shall be submitted to the labor relations administrator for final and binding arbitration.
Md. Code, Business Occupations and Professions § 16-303 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) An applicant for a license shall:

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

(2) pay to the Commission a fee set by the Commission;

(3) apply to the Central Repository for a national and State criminal history records check on a form approved by the Director of the Central Repository;

(4) submit to the Central Repository a complete set of legible fingerprints taken at any designated State or local law enforcement office in the State or other agency or location approved by the Secretary of Public Safety and Correctional Services;

(5) pay the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and

(6) pay the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to the State criminal history records.

(b) The Central Repository shall provide to the Commission:

(1) the national and State criminal history records of each applicant requiring a criminal history records check under subsection (a) of this section and a printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge; and

(2) an acknowledged receipt of the application for a criminal history records check by an applicant requiring a criminal history records check.

(c) Information obtained by the Commission from the Central Repository under this section shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check.
Md. Code, Transportation § 16-406 — MD Code / Article gtr / Title 16 / Subtitle 4 / Section 16-406
§16–406.
Status: in_force

If the driver of a motor vehicle is an employee of the vehicle’s owner, a violation may not be recorded, except for the Administration’s own use, against the driver for a violation of the vehicle laws on improper or faulty equipment or improper size, weight, or load.
Md. Code, Business Regulation § 16-308.1 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-308.1
§16–308.
Status: in_force

§16–308.1.

(a) A person who holds a county license may not sell herbal incense or potpourri that includes a noncontrolled substance with a chemical structure that is substantially similar to the chemical structure of a controlled dangerous substance as defined in § 5–101 of the Criminal Law Article.

(b) Authorized employees of the Field Enforcement Division of the Executive Director’s Office may enforce the provisions of subsection (a) of this section.
Md. Code, Transportation § 16-116 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-116
§16–116.
Status: reserved

(a) If any individual who has applied for or obtained a driver’s license under this subtitle moves from the address given in the application or shown on the license, the individual shall, within 30 days of the change, notify the Administration in writing of the former address and new address and the identifying number of any license issued to the individual.

(b) If any individual who has applied for or obtained a driver’s license under this subtitle has the individual’s name changed under the common law of this State, by marriage, or by court order, the individual shall, within 30 days of the change, notify the Administration in writing of the former name and new name, and the identifying number of any license issued to the individual.

(c) On request of the Administration, if the name of a licensee has been changed, the licensee shall surrender his driver’s license to the Administration. After it receives the license, the Administration shall issue a corrected license in the new name.

(d) If a licensee is required to surrender his license to the Administration to record a change, the Administration shall issue him, without charge, a temporary license valid for not more than 20 days from the date it is issued.

(e) This section does not apply to an expired license.
Md. Code, Business Occupations and Professions § 16-5B-01 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-01
§16–5B–01.
Status: in_force

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

(b) “Appraisal management company” means a third party authorized by a creditor of a consumer credit transaction secured by a consumer’s principal dwelling, or by an underwriter of or other principal in the secondary mortgage markets, that directly or indirectly provides appraisal management services in connection with valuing properties collateralizing mortgage loans or mortgages incorporated in a securitization.

(c) (1) “Appraisal review” means the act of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraiser assignment.

(2) “Appraisal review” does not include an examination of an appraisal for grammatical, typographical, or other similar errors that do not make a substantive valuation change.

(d) “Appraiser” means a licensed real estate appraiser or a certified real estate appraiser.

(e) “Appraiser panel” means a network of licensed or certified appraisers who are independent contractors to the appraisal management company.

(f) “Competent appraiser” means an appraiser that satisfies each provision of the competency rule of the Uniform Standards of Professional Practice for a specific appraisal assignment that the appraiser has received, or may receive, from an appraisal management company.

(g) “Controlling person” means:

(1) an owner, officer, or director of an appraisal management company;

(2) an individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into:

(i) a contractual relationship with other persons for the performance of appraisal management services; and

(ii) agreements with appraisers for the performance of appraisals; or

(3) an individual who possesses the power to direct or cause the direction of the management or policies of an appraisal management company.

(h) “Provide appraisal management services” means to, directly or indirectly, on behalf of a lender, financial institution, client, or other person in conjunction with a consumer credit transaction that is secured by a consumer’s primary dwelling:

(1) administer an appraisal panel;

(2) recruit, retain, or select appraisers;

(3) verify licensing or certification, negotiate fees and service level expectations, and review the qualifications of persons who are part of, or who wish to become part of, an appraiser panel;

(4) contract with appraisers to perform appraisal assignments;

(5) receive an order for an appraisal from one person, and deliver the order for the appraisal to an appraiser that is part of an appraiser panel for completion;

(6) manage the process of having an appraisal performed, including the following administrative duties:

(i) receiving appraisal orders and reports;

(ii) submitting completed appraisal reports to creditors and underwriters;

(iii) collecting fees from creditors and underwriters for services provided; and

(iv) reimbursing appraisers for services performed;

(7) track and determine the status of orders for appraisals;

(8) conduct quality control of a completed appraisal prior to the delivery of the appraisal to the person that ordered the appraisal; or

(9) provide a completed appraisal performed by an appraiser to a client.
Md. Code, Housing and Community Development § 16-315 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-315
§16–315.
Status: in_force

(a) An employee organization may not:

(1) interfere with, restrain, or coerce any employee in the employee’s exercise of a right under this subtitle;

(2) cause or attempt to cause the Montgomery Commission to discriminate against an employee in the employee’s exercise of a right under this subtitle;

(3) coerce, discipline, fine, or attempt to coerce a member of an employee organization as punishment or reprisal;

(4) coerce, discipline, fine, or attempt to coerce a member of an employee organization to impede the member’s work performance;

(5) refuse to negotiate in good faith with the Montgomery Commission as required by this subtitle; or

(6) fail or refuse to cooperate in impasse procedures and impasse decisions as required by this subtitle.

(b) An individual may file an unfair labor charge against an employee organization for a violation of subsection (a)(3) or (4) of this section only if the individual is a Montgomery Commission employee to whom this subtitle applies.
Md. Code, Housing and Community Development § 16-105 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-105
§16–105.
Status: in_force

(a) The Housing Opportunities Commission of Montgomery County, formerly the Housing Authority of Montgomery County, 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.

(b) A committee of the Commission is a public body for the purposes of the Open Meetings Act.
Md. Code, Education § 16-316 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-316
§16–316.
Status: in_force

Remuneration of an employee on account of sickness or accident of the employee shall be paid and treated as sick pay and not as continuation of salary.
Md. Code, Business Regulation § 16-605 — MD Code / Article gbr / Title 16 / Subtitle 6 / Section 16-605
§16–605.
Status: in_force

§16–605. IN EFFECT

** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **

(a) The manufacturer shall:

(1) provide a copy of each certification to each wholesaler to which the manufacturer sells cigarettes; and

(2) provide sufficient copies of an illustration of the packaging marking approved and used by the manufacturer in accordance with § 16–604 of this subtitle for each retailer, subwholesaler, and vending machine operator that purchases cigarettes from the wholesaler.

(b) The wholesaler shall provide a copy of the illustration to each retailer, subwholesaler, and vending machine operator to which the wholesaler sells cigarettes.

(c) Each retailer, subwholesaler, vending machine operator, and wholesaler shall allow the Executive Director or designee of the Executive Director to inspect the markings on cigarette packaging at any time.
Md. Code, Transportation § 16-109 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-109
§16–109.
Status: in_force

If, while the licensee is still a minor, the Administration receives satisfactory evidence of the death of the individual who cosigned the license application of the minor, the Administration:

(1) Shall suspend the license; and

(2) May not reinstate the license until:

(i) Another qualified adult cosigns and certifies an application as required by § 16-107 of this subtitle; or

(ii) The minor becomes an adult.
Md. Code, State Finance and Procurement § 16-309 — MD Code / Article gsf / Title 16 / Subtitle 3 / Section 16-309
§16–309.
Status: in_force

(a) If a person or business is debarred or suspended based on an offense listed in § 16-202 of this title, the person or business may not be considered for the award of, be awarded, or perform, directly or indirectly, a contract with a public body during the time period of debarment or suspension.

(b) If a person or business is debarred or suspended based on an offense listed in § 16-203 of this title, the person or business may not be considered for the award of, be awarded, or perform, directly or indirectly, a contract with the State during the time period of debarment or suspension.
Md. Code, Local Government § 16-501 — MD Code / Article glg / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

(a) Subject to subsection (e) of this section, for each fiscal year, the Comptroller shall pay to an eligible county a grant in the amount determined under subsection (c)(3) of this section.

(b) A county may not receive a grant under subsection (a) of this section if any of the county’s income tax rates were less than 2.6%:

(1) for the taxable year that ended in the second prior fiscal year; or

(2) for any subsequent taxable year through the taxable year that ends in the current fiscal year.

(c) (1) For each fiscal year, the Comptroller shall determine for each county:

(i) the county income tax collected from individuals for the taxable year that ended in the second prior fiscal year, based on tax returns filed through November 1 of the year following the applicable taxable year; and

(ii) the amount of county income tax that the county would have received if the county income tax rate was 2.54%.

(2) For each fiscal year, the Comptroller shall determine as rounded to the nearest cent:

(i) the per capita yield of the county income tax for each county, based on:

1. the population of the county as last projected by the Maryland Department of Health for July 1 of the applicable taxable year or the latest decennial census for the applicable taxable year; and

2. the amount specified in paragraph (1)(ii) of this subsection; and

(ii) the per capita statewide yield of the county income tax, based on:

1. the State population as last projected by the Maryland Department of Health for July 1 of the applicable taxable year or the latest decennial census for the applicable taxable year; and

2. the amount of county income tax specified in paragraph (1)(ii) of this subsection for all counties.

(3) If the per capita yield of the county income tax for a county determined under paragraph (2)(i) of this subsection is less than 75% of the per capita statewide yield of the county income tax determined under paragraph (2)(ii) of this subsection, the Comptroller shall determine the amount that would increase the county per capita yield to equal 75% of the statewide per capita yield, as rounded to the nearest dollar.

(d) The Comptroller shall pay to an eligible county the amount determined under subsection (c)(3) of this section in quarterly payments during each fiscal year.

(e) (1) Except as provided in paragraphs (2) and (3) of this subsection, for fiscal year 2011 and each subsequent fiscal year, the distribution provided to any county or Baltimore City under this section may not exceed the amount distributed to the county or Baltimore City for fiscal year 2010.

(2) (i) This paragraph applies to a county or Baltimore City if the county or Baltimore City has a single county income tax rate.

(ii) If a county or Baltimore City has a county income tax rate of at least 2.8% but less than 3%, the county or Baltimore City may receive a minimum of 20% of the amount determined under subsection (c)(3) of this section.

(iii) If a county or Baltimore City has a county income tax rate of at least 3% but less than 3.2%, the county or Baltimore City may receive a minimum of 40% of the amount determined under subsection (c)(3) of this section.

(iv) If a county or Baltimore City has a county income tax rate of at least 3.2%:

1. on or before June 30, 2017, the county or Baltimore City may receive a minimum of 60% of the amount determined under subsection (c)(3) of this section;

2. in fiscal year 2018, the county or Baltimore City may receive a minimum of 63.75% of the amount determined under subsection (c)(3) of this section;

3. in fiscal years 2019, 2020, and 2021, the county or Baltimore City may receive a minimum of 67.5% of the amount determined under subsection (c)(3) of this section; and

4. in fiscal year 2022, and each fiscal year thereafter, the county or Baltimore City may receive a minimum of 75% of the amount determined under subsection (c)(3) of this section.

(3) (i) This paragraph applies to a county or Baltimore City if the county or Baltimore City has more than one county income tax rate.

(ii) If each county income tax rate imposed by a county or Baltimore City is at least 2.8% but less than 3.0%, the county or Baltimore City may receive a minimum of 20% of the amount determined under subsection (c)(3) of this section.

(iii) If the lowest county income tax rate imposed by a county or Baltimore City is at least 2.9% and each county income tax rate imposed on Maryland taxable income greater than $100,000 is at least 3.0%, the county or Baltimore City may receive a minimum of 40% of the amount determined under subsection (c)(3) of this section.

(iv) If the lowest county income tax rate imposed by a county or Baltimore City is at least 3.1% and each county income tax rate imposed on Maryland taxable income greater than $100,000 is at least 3.2%, the county or Baltimore City may receive a minimum of 75% of the amount determined under subsection (c)(3) of this section.
Md. Code, Insurance § 16-305 — MD Code / Article gin / Title 16 / Subtitle 3 / Section 16-305
§16–305.
Status: in_force

(a) On default of a premium payment due on a policy anniversary, any cash surrender value available under the policy, regardless of whether the cash surrender value is required under § 16-303 of this subtitle, shall be at least:

(1) the present value of the future guaranteed benefits, calculated as of that policy anniversary, that would have been provided under the policy, including any existing paid-up additions; less

(2) the sum of:

(i) the present value of adjusted premiums, calculated as of that policy anniversary in accordance with the applicable provisions of §§ 16-307 through 16-309 of this subtitle, corresponding to premiums that would have fallen due on or after the anniversary; and

(ii) the amount of any indebtedness to the insurer on the policy.

(b) (1) This subsection applies only to a policy that:

(i) by rider or supplemental policy provision, provides supplemental life insurance or annuity benefits at the option of the insured for an identifiable additional premium; and

(ii) is issued on or after the operative date of § 16-309 of this subtitle.

(2) On a policy subject to this subsection, the cash surrender value referred to in subsection (a) of this section shall be at least the sum of:

(i) the cash surrender value for an otherwise similar policy issued at the same age without the rider or supplemental policy provision; and

(ii) the cash surrender value calculated under subsection (a) of this section for a policy that provides only the benefits otherwise provided by the rider or supplemental policy provision.

(c) (1) This subsection applies only to a family policy that:

(i) defines a primary insured and provides term insurance on the life of the spouse of the primary insured that expires before the spouse’s age 71; and

(ii) is issued on or after the operative date of § 16-309 of this subtitle.

(2) On a policy subject to this subsection, the cash surrender value referred to in subsection (a) of this section shall be at least the sum of:

(i) the cash surrender value calculated under subsection (a) of this section for an otherwise similar policy issued at the same age without term insurance on the life of the spouse; and

(ii) the cash surrender value calculated under subsection (a) of this section for a policy that provides only the benefits otherwise provided by term insurance on the life of the spouse.

(d) (1) This subsection applies to a policy of life insurance that is paid-up by completion of all premium payments or is continued under any paid-up nonforfeiture benefit, regardless of whether the cash surrender value is required under § 16-303 of this subtitle.

(2) On a policy subject to this subsection, the cash surrender value available within 30 days after a policy anniversary shall be at least the present value, calculated as of the policy anniversary, of the future guaranteed benefits, including any existing paid-up additions, reduced by any indebtedness to the insurer on the policy.
Md. Code, Transportation § 16-120 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-120
§16–120.
Status: in_force

(a) At regular intervals, the Administration shall request of the Social Services Administration the name of each individual receiving public assistance for blindness. The Social Services Administration promptly shall furnish the requested information.

(b) On receipt of the requested information, the Administration shall:

(1) As soon as practicable, arrange for an examination of the vision of each named individual who holds a driver’s license; and

(2) If the individual fails to meet the vision requirements of this subtitle, cancel his license.

(c) (1) The information obtained by the Administration under this section:

(i) Is confidential;

(ii) May be disclosed only on court order; and

(iii) May be used only to determine the qualifications of an individual to drive.

(2) A person may not use this information for any other purpose.
Md. Code, Education § 16-703 — MD Code / Article ged / Title 16 / Subtitle 7 / Section 16-703
§16–703.
Status: reserved

There may be no more than four bargaining units at each community college including:

(1) One unit reserved for full–time faculty;

(2) One unit reserved for part–time faculty; and

(3) Two units reserved for eligible nonexempt employees, as defined in the federal Fair Labor Standards Act.
Md. Code, Transportation § 16-703 — MD Code / Article gtr / Title 16 / Subtitle 7 / Section 16-703
§16–703.
Status: in_force

Article I

Findings and Declaration of Policy

(a) The party states find that:

(1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.

(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.

(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.

(b) It is the policy of each of the party states to:

(1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.

(2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

Article II

Definitions

As used in this Compact:

(a) “State” means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(b) “Home state” means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.

(c) “Conviction” means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

Article III

Reports of Conviction

The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.

Article IV

Effect of Conviction

(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this Compact, as it would if such conduct had occurred in the home state, in the case of convictions for:

(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

(3) Any felony in the commission of which a motor vehicle is used;

(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

(b) As to any other convictions, reported pursuant to Article III, the licensing authority in the home state shall record the conviction on the individual’s driving record, but may not assess points for the conviction.

(c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.

Article V

Applications for New Licenses

Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.

(2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of 1 year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.

(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.

Article VI

Applicability of Other Laws

Except as expressly required by provisions of this Compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

Article VII

Compact Administrator and Interchange of Information

(a) The head of the licensing authority of each party state shall be the administrator of this Compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this Compact.

(b) The Administrator of each party state shall furnish to the Administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this Compact.

Article VIII

Entry into Force and Withdrawal

(a) This Compact shall enter into force and become effective as to any state when it has enacted the same into law.

(b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 6 months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the Compact of any report of conviction occurring prior to the withdrawal.

Article IX

Construction and Severability

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state party thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Md. Code, Alcoholic Beverages and Cannabis § 16-2801 — MD Code / Article gab / Title 16 / Subtitle 28 / Section 16-2801
§16–2801.
Status: in_force

Section 6–402 (“General penalty”) of Division I of this article applies in the county.
Md. Code, Education § 16-704 — MD Code / Article ged / Title 16 / Subtitle 7 / Section 16-704
§16–704.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, within 10 days after a new employee’s date of hire, for each new public employee in the bargaining unit represented by the exclusive representative, the public employer shall provide the exclusive representative with the information required under § 16–704 of this subtitle.

(2) A public employer shall provide the exclusive representative with the information required under paragraph (1) of this subsection in a searchable and analyzable electronic format.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, an exclusive representative shall consider the information that it receives under this section as confidential and may not disclose the information to any person.

(2) An exclusive representative may authorize third–party contractors to use the information that it receives under this section, as directed by the exclusive representative, to carry out the exclusive representative’s statutory duties under this title.

(3) An exclusive representative or an authorized third–party contractor may use the information that it receives under this section for the purpose of maintaining or increasing employee membership in an employee organization.

(4) On written request of a public employee, an exclusive representative shall withhold further communication with a public employee unless otherwise required by law or the written request is revoked by the public employee.

(c) (1) (i) A public employer shall provide the exclusive representative with the information described in subsection (a) of this section for each public employee in the bargaining unit represented by the exclusive representative once every 90 days.

(ii) Subject to § 16–706 of this subtitle, a public employer may negotiate with the exclusive representative to provide the information required under this paragraph more frequently than once every 90 days.

(2) A public employer shall provide the exclusive representative with the information described in subsection (a) of this section regardless of whether the newly hired public employee was previously employed by the public employer.
Md. Code, Education § 16-202 — MD Code / Article ged / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) (1) Two or more counties may agree to establish a region and to support a regional community college.

(2) The Commission may authorize a regional community college for the region.

(b) (1) In this subsection, “county board of community college trustees” means:

(i) The board of community college trustees, if any; or

(ii) The county board of education in any county that does not have a board of community college trustees.

(2) Except as otherwise provided in this subsection, the county boards of community college trustees for each county in a region constitute the board of regional community college trustees.

(3) If the counties in a region have different numbers of members on their county board of community college trustees, each county board of community college trustees shall elect, to serve as regional community college trustees, the number of its members equal to the number of members on the smallest board of community college trustees in the region.

(4) A board of regional community college trustees:

(i) May not have more than 12 members; and

(ii) Shall have an equal number of members from each county in the region.

(5) If requested to do so by a county government, the Governor shall appoint the regional community college trustees from that county.

(6) The county superintendent of each county in the region is, ex officio, a member of the board of regional community college trustees, and shall attend meetings but may not vote.

(7) Each board of regional community college trustees shall:

(i) Elect one of its members as its chair;

(ii) Designate the president of the regional community college as its secretary–treasurer; and

(iii) Determine the time and place of its meetings and may adopt rules for the conduct of its meetings.

(c) Any board of regional community college trustees established under subsection (b) of this section may request the Governor to appoint a new board.

(d) (1) After a request is made, the Governor, with the advice and consent of the Senate, shall appoint seven individuals to the new board.

(2) The initial members shall be appointed as provided in § 16-101 of this title.
Md. Code, Local Government § 16-103 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-103
§16–103.
Status: in_force

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

(2) “Financial officer” means the treasurer or other financial officer of a political subdivision.

(3) “Political subdivision” includes:

(i) a county;

(ii) a municipality;

(iii) a special taxing district; and

(iv) a public corporation of the State.

(b) If a political subdivision is authorized to incur debt to be redeemed from a fee, charge, or the proceeds of a tax, its financial officer shall submit a comprehensive report on the financial condition of the political subdivision as of the end of that fiscal year to the State Treasurer and, subject to § 2–1257 of the State Government Article, the Department of Legislative Services in accordance with the timeframes required under § 16–305 of this title for submission of annual financial reports of counties, municipalities, and special taxing districts.

(c) A report under this section shall be on the form that the Department of Legislative Services provides and shall include the affidavit of the financial officer and all of the following information that applies to the political subdivision:

(1) the assessed valuation of taxable and tangible property in the political subdivision;

(2) the total indebtedness of the political subdivision, including the following categories of the total indebtedness:

(i) bond indebtedness that is redeemable from the proceeds of general and ad valorem taxes;

(ii) temporary or floating indebtedness;

(iii) obligations that are incurred in anticipation of tax collection;

(iv) current bills payable;

(v) contingent liability that results from the guaranty of an obligation of another political subdivision; and

(vi) self–liquidating bond indebtedness, including:

1. the amount of indebtedness for each project; and

2. the source of the revenue for its liquidation;

(3) for each sinking fund for retirement of obligations:

(i) each obligation for which the fund is established;

(ii) the amount of the fund; and

(iii) the manner in which money in the fund is invested;

(4) for the fiscal year for which the report is made:

(i) the amount of property tax imposed;

(ii) the amount of property tax collected;

(iii) the amount of any special assessment imposed; and

(iv) the amount of any special assessment collected;

(5) for each of the 3 fiscal years immediately preceding the fiscal year for which the report is made:

(i) the amount of property tax imposed; and

(ii) the amount of uncollected property tax;

(6) the population of the political subdivision as reported in the most recent federal census;

(7) any official or unofficial population estimate for the fiscal year for which the report is made;

(8) unless the political subdivision is a county or municipality that is a member of a State retirement or pension system, a copy of the most recent actuarial report on the pension system of the political subdivision;

(9) for all categories of indebtedness:

(i) variable interest rate debt instruments;

(ii) interest rate exchange agreements or swaps; and

(iii) other derivatives, including futures and options; and

(10) any other information about the financial affairs of the political subdivision that the Department of Legislative Services finds necessary to show accurately the financial condition of the political subdivision.

(d) On request of the State Treasurer, a financial officer shall submit an updated report on the indebtedness of the political subdivision as required in this section.

(e) (1) A financial officer may not fail to:

(i) submit a report under this section; or

(ii) resubmit a report that meets the requirements of this section within 15 days after receiving notice that the Department of Legislative Services finds a report inadequate.

(2) If a financial officer violates this section, the political subdivision employing the financial officer is liable to the State for a penalty of $10 for each day that the report is overdue.
Md. Code, Housing and Community Development § 16-211 — MD Code / Article ghs / Title 16 / Subtitle 2 / Section 16-211
§16–211.
Status: in_force

Montgomery Commission bonds may be sold at a public or private sale in the manner and on the terms authorized by resolution of the Montgomery Commission.
Md. Code, Commercial Law § 16-204 — MD Code / Article gcl / Title 16 / Subtitle 2 / Section 16-204
§16–204.
Status: in_force

Surrender or delivery of the property subject to the lien discharges that lien against a third person who is without notice of the lien, but does not discharge the lien against the owner or against a third party who has notice of the lien.
Md. Code, Alcoholic Beverages and Cannabis § 16-903 — MD Code / Article gab / Title 16 / Subtitle 9 / Section 16-903
§16–903.
Status: in_force

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

(b) The Board may issue a Class BC license to an applicant that has:

(1) a hotel or restaurant that meets the licensing requirements in § 16–902(c) of this subtitle; or

(2) a Class B hotel or restaurant (on– and off–sale) beer, wine, and liquor license, if the applicant surrenders the Class B license to the Board before being issued the Class BC license.

(c) (1) The license authorizes the license holder to sell:

(i) beer, wine, and liquor 7 days a week at a restaurant or hotel for on–premises consumption;

(ii) beer 7 days a week at a restaurant or hotel for off–premises consumption; and

(iii) beer, wine, and liquor 7 days a week at a catered event held off the restaurant or hotel premises for consumption on the premises of the event.

(2) Either the license holder or the event sponsor shall provide food for consumption at the catered event.

(d) The license holder may sell beer, wine, and liquor during the hours and on the days as set out for a Class B license under § 16–2005 of this title.

(e) The annual license fee is $250 greater than the fee for a Class B hotel or restaurant (on– and off–sale) beer, wine, and liquor license.
Md. Code, Land Use § 16-316 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-316
§16–316.
Status: in_force

(a) This subtitle does not preclude the Commission from entering into a collective bargaining agreement with an exclusive representative that requires an employee, as a condition of employment, to pay a maintenance or service fee as a contribution towards the cost of the negotiation and administration of the collective bargaining agreement.

(b) A maintenance or service fee under subsection (a) of this section may not exceed the annual dues paid to the exclusive representative.

(c) Before the Commission discharges an employee who fails to pay a maintenance or service fee, it shall give the employee:

(1) written notice of the delinquent payment; and

(2) adequate time to correct the delinquency.

(d) If the Commission and an employee are unable to resolve any issue relating to the payment of a maintenance or service fee, the issue shall be submitted to an umpire in accordance with § 16–317 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 16-603 — MD Code / Article gab / Title 16 / Subtitle 6 / Section 16-603
§16–603.
Status: in_force

(a) There is a Class C beer license.

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

(c) The annual license fee is $50.
Md. Code, Education § 16-310 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-310
§16–310.
Status: in_force

(a) (1) Subject to paragraphs (2), (3), (4), (5), (6), and (7) of this subsection and subsection (f) of this section, any student who attends a community college in this State and is not a resident of this State shall pay, in addition to the student tuition and fees payable by a county resident, an out–of–state fee, at least equal to:

(i) 60% of the county share per full–time equivalent student as determined under § 16–305 of this subtitle; and

(ii) The marginal cost component of the State share per full–time equivalent student as determined under § 16–305(c)(5) of this subtitle.

(2) (i) Each board of trustees of a community college with a service area that borders another state may set an out–of–state fee in accordance with subparagraph (ii) of this paragraph for any student who resides in an out–of–state county that borders the community college’s service area.

(ii) The fee described in subparagraph (i) of this paragraph:

1. Shall be more than the out–of–county fee as determined in subsection (b)(1) of this section; and

2. May be less than the out–of–state fee as determined in paragraph (1) of this subsection.

(iii) Any student attending a community college in this State who pays a fee as provided in this paragraph may not be included as an in–State resident for computation of State aid to community colleges in accordance with § 16–305 of this subtitle.

(3) (i) A resident of the state of West Virginia who attends Garrett College under a negotiated reciprocity agreement between the states of Maryland and West Virginia is an in–county resident for tuition purposes.

(ii) For each full–time equivalent student participating in the reciprocity agreement, the State shall pay to Garrett College an amount equal to the net State support per full–time equivalent student as provided in § 16–305 of this subtitle. For any fiscal year, if State appropriations for reimbursement of any reciprocity agreements under this paragraph do not provide sufficient funds to fully reimburse the college, the Governor shall include in the budget bill for the next fiscal year a deficiency appropriation to provide the additional funds to fully reimburse the college.

(iii) The Commission may make payments to effectuate the provisions of this paragraph from funds specifically appropriated for this purpose as provided in the State budget or any supplemental budget request.

(iv) The payments authorized by this paragraph are in addition to the State operating fund to community colleges authorized in § 16–305(c) of this subtitle.

(4) (i) Any student attending a community college in this State who is not a resident of this State and is enrolled in an education program leading to licensure in nursing shall be included as an in–county resident for tuition purposes and shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.

(ii) The student shall furnish a surety bond or promissory note to the State with security satisfactory to the Maryland Higher Education Commission, that on completion of the nursing education program, the student will work for at least 2 years in a hospital or related institution as defined in § 19–301 of the Health – General Article in this State.

(iii) The Secretary of Health may determine if there is a shortage of nurses.

(iv) Subject to subparagraphs (v) and (vi) of this paragraph, if the Secretary determines that there is no shortage of nurses, the Nonresident Student Tuition Reduction and State Aid Program established under this paragraph may not be applied to any courses required for the nursing program.

(v) Subparagraph (iv) of this paragraph applies only to students who enroll in a nursing education program subsequent to the determination made under subparagraph (iv) of this paragraph.

(vi) Subparagraph (v) of this paragraph may not affect any student who is participating in the Nonresident Tuition Reduction and State Aid Program prior to the determination under subparagraph (iii) of this paragraph.

(5) (i) Each board of community college trustees may waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who is employed by a business located in the county that supports the community college.

(ii) Any student attending a community college in this State who receives a tuition waiver as provided by this paragraph shall not be included as an in–State resident for computation of State aid to community colleges in accordance with § 16–305 of this subtitle.

(6) (i) Each board of community college trustees shall waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who resides in this State but does not meet the in–State residency requirement for tuition purposes and is a public school teacher employed by a county board if:

1. A. The course or program is required by the State or the county board to maintain the teacher’s present position with the county board; or

B. The course or program maintains or improves skills required by the county board in the teacher’s current position;

2. The teacher resides in this State and is employed as a full–time public school teacher; and

3. The teacher has been employed as a public school teacher in the State for less than a year.

(ii) A public school teacher is responsible for the difference between in–State and out–of–state tuition if:

1. The teacher resigns or is terminated from employment with the county board; and

2. The teacher remains enrolled in the course or program at a community college during the teacher’s first year as a Maryland resident.

(iii) Any public school teacher attending a community college in this State who satisfies the requirements established in this paragraph shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.

(7) (i) In this paragraph, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.

(ii) Each board of community college trustees may waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who resides in the State but does not meet the in–State residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of BRAC.

(iii) Any BRAC employee or family member of a BRAC employee attending a community college in the State who satisfies the requirements established in this paragraph shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.

(b) (1) Subject to the provisions of paragraphs (2), (3), and (4) of this subsection and subsection (g) of this section, any student who attends a community college not supported by the county in which the student resides shall pay, in addition to the student tuition and fees payable by a resident of a county that supports the community college, an out–of–county or out–of–region fee at least equal to 60% of the county share per full–time equivalent student as determined under § 16–305 of this subtitle.

(2) (i) Any student who resides in an incorporated municipality whose corporate limits extend into 2 counties in the State is considered an in–county resident for tuition purposes at a community college campus located within that municipality that is supported by either county.

(ii) If a student is considered an in–county resident under this paragraph and the student does not reside in the county that supports the community college, the county in which the student resides shall pay the difference between the out–of–county tuition and the in–county tuition.

(3) Each board of community college trustees may waive the out–of–county or out–of–region fee, as determined in paragraph (1) of this subsection, for a student who is employed by a business located in the county that supports the community college.

(4) (i) In this paragraph, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.

(ii) Each board of community college trustees may waive the out–of–county fee or out–of–region fee as determined in paragraph (1) of this subsection for a student who resides in the county but does not meet the in–county residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of BRAC.

(5) (i) In this paragraph, “victim of human trafficking” means an individual who has been recruited, harbored, transported, provided, or obtained for labor, services, or a sexual act through the use of force, fraud, or coercion.

(ii) Each board of community college trustees may waive the out–of–county fee or out–of–region fee as determined in paragraph (1) of this subsection for a student who attends the community college and:

1. Is not a resident of the county; and

2. Is a victim of human trafficking.

(iii) Information collected under this paragraph as part of a student’s registration shall remain confidential.

(iv) 1. A community college that admits an individual who qualifies for a waiver of the out–of–county fee or out–of–region fee under this paragraph shall:

A. Keep a record of the number of individuals for whom a waiver was granted in accordance with subparagraph (ii) of this paragraph; and

B. Report the information required in item A of this subsubparagraph to the Commission each year.

2. The Commission shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, an annual report consisting of the information submitted to the Commission under subsubparagraph 1 of this subparagraph.

(v) 1. The Commission shall adopt regulations to implement the provisions of this paragraph.

2. The regulations shall include a requirement that an application for a waiver of the out–of–county fee or out–of–region fee as provided in this paragraph shall contain evidence that the applicant is a victim of human trafficking, including:

A. Certified law enforcement, court, or other federal or State agency records or files;

B. Documentation from a human trafficking prevention or assistance program; or

C. Documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a victim of human trafficking.

(c) Any county may appropriate money to pay the out–of–county or out–of–region fees for county residents who attend a community college in this State that is not supported by that county.

(d) (1) (i) 1. Notwithstanding subsection (b) of this section, subject to subsubparagraph 2 of this subparagraph, if any student is a resident of this State and enrolls in an instructional program that the Commission designates as a health manpower shortage program or a statewide or regional program:

A. The student shall pay only the student tuition and fees payable by a resident of a county that supports the community college; and

B. Subject to subparagraph (ii) of this paragraph, the Commission shall pay any applicable out–of–county fee to the community college.

2. For a student who attends a community college not supported by the county in which the student resides, at the discretion of the board of community college trustees:

A. The community college may charge the student any applicable out–of–county fee;

B. Subject to subparagraph (ii) of this paragraph, the Commission shall pay the amount of any applicable out–of–county fee to the community college; and

C. The community college shall reimburse the student the amount received from the Commission under item B of this subsubparagraph.

(ii) For any fiscal year beginning on or after July 1, 2011, if State appropriations to the Commission for payment of any applicable out–of–county fee under this paragraph do not provide sufficient funds to fully reimburse applicable out–of–county fees, the Commission shall prorate the reimbursement for the out–of–county fees.

(2) The Commission may make payments to effectuate the provisions of this section from funds specifically appropriated for this purpose as provided in the State budget or any supplemental budget request.

(e) (1) Notwithstanding subsection (b) of this section, if any student resides in a county where the per capita wealth is below the State average and the county does not support a community college or a branch campus of a community college, except for Baltimore City, the student may enroll at a community college or a branch campus in the State, either of which is located in a county adjacent to the one in which the student resides, and pay only the tuition and fees applicable to a county resident that supports the community college.

(2) For any student determined to be eligible under paragraph (1) of this subsection, the Commission shall pay:

(i) In fiscal year 1992, 75% of any applicable out–of–county fee provided that the county in which the student resides pays 25 percent of that fee; and

(ii) In fiscal year 1993, and each fiscal year thereafter, 50% of any applicable out–of–county fee provided that the county in which the student resides pays 50 percent of that fee.

(3) The Commission may make payments to effectuate the provisions of this subsection from funds specifically appropriated for this purpose in the State budget or any supplemental budget request.

(f) The provisions of this section shall be subject to any reciprocal interstate agreement entered into by the Maryland Higher Education Commission under § 11–105(m)(2) of this article.

(g) (1) Notwithstanding subsection (b) of this section, any student who resides in Howard County or in Prince George’s County and attends the Laurel College Center, a partnership equally supported by the Howard and Prince George’s community colleges, is deemed to be an in–county student and may not be subject to out–of–county fees established in subsection (b) of this section, by Howard Community College or Prince George’s Community College for courses taken at the Laurel College Center.

(2) Paragraph (1) of this subsection applies to any student who attends the Laurel College Center on or after August 1, 2001.
Md. Code, Transportation § 16-807 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-807
§16–807.
Status: in_force

(a) (1) Except when driving under a commercial driver’s instructional permit and accompanied by the holder of a driver’s license valid for the class of vehicle being driven, an individual may not drive a commercial motor vehicle unless the individual:

(i) Has been issued a commercial driver’s license that:

1. Is valid for the class of vehicle being operated; and

2. Has the proper endorsements for the specific vehicle or vehicle combination being operated or for the passengers or type of cargo being transported; and

(ii) Is in immediate possession of a driver’s license valid for the class of vehicle being driven.

(2) It shall be a valid defense to a charge of violating paragraph (1)(ii) of this subsection for the driver to provide a certified record either from the Administration or from the licensing authority of the driver’s home state showing that the driver held a valid commercial driver’s license on the date of the violation.

(b) (1) Except as provided in § 16–807.1 of this subtitle, an individual may not be issued a commercial driver’s license until the individual has passed the knowledge and skill tests for driving a commercial motor vehicle which complies with the minimum federal standards established by the federal Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99–570), and has satisfied all other requirements of that act as well as any other requirements of this title.

(2) The tests shall be prescribed and conducted at the direction of the Administration.

(3) The Administration shall adopt regulations to waive the skill test required under paragraph (1) of this subsection in a manner consistent with 49 C.F.R. § 383.77.

(c) A commercial driver’s license may be issued only to:

(1) An individual who drives or will drive a commercial motor vehicle and who is a resident of this State; and

(2) Those nonresidents who may qualify under § 16–817 of this subtitle.

(d) A commercial driver’s license may not be issued to an individual:

(1) While the individual is disqualified from driving a commercial motor vehicle;

(2) While the individual’s driver’s license is suspended, revoked, or canceled in this State or any other state; or

(3) While the individual holds a commercial driver’s license or driver’s license issued by any other jurisdiction, unless the individual surrenders that license for return to the issuing jurisdiction for cancellation.

(e) (1) A commercial driver’s instructional permit may be issued for the class of commercial driver’s license applied for only to an individual who has passed the appropriate knowledge and vision screening tests.

(2) The holder of a commercial driver’s instructional permit may drive a commercial motor vehicle on a highway only when the individual is accompanied by and under the immediate supervision of the holder of a driver’s license valid for the type of vehicle driven, if the accompanying driver:

(i) Is at least 21 years old; and

(ii) Has been licensed for at least 3 years in this State or in another state to drive vehicles of the class then being driven.

(f) Except as provided in § 16–101 of this title, a person convicted of a violation of subsection (a) of this section is subject to:

(1) For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both;

(2) For a second offense, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and

(3) For a third or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $2,000 or both.
Md. Code, Business Occupations and Professions § 16-3A-03 — MD Code / Article gbo / Title 16 / Subtitle 3A / Section 16-3A-03
§16–3A–03.
Status: in_force

An applicant for a home inspector license shall:

(1) have completed a minimum of 72 hours of an on–site training course approved by a national home inspection organization and the Commission that at a minimum requires successful completion of the National Home Inspector Examination or its equivalent as determined by the Commission;

(2) have a high school diploma or its equivalent;

(3) have insurance as required under § 16–4A–04 of this title;

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

(5) pay to the Commission an application fee set by the Commission.
Md. Code, Transportation § 16-208.1 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-208.1
§16–208.
Status: reserved

§16–208.1.

(a) In addition to any suspensions or revocations of an individual’s license or privilege to drive provided for in this title, if the individual holds a Class A, B, or C license issued under § 16–815 of this title or is operating a commercial motor vehicle, the Administration shall disqualify the individual from operating a commercial motor vehicle if the convictions resulted from an offense or offenses that occurred in this State or any other state that would subject the individual to disqualification under § 16–812 of this title.

(b) Any disqualification imposed under subsection (a) of this section shall be for the period of time provided in § 16–812 of this title.

(c) If an individual has been disqualified from operating a commercial motor vehicle pursuant to subsection (a) of this section, but that individual is otherwise eligible for a license or privilege to operate vehicles other than commercial motor vehicles, the Administration may issue a noncommercial driver’s license to that individual.

(d) The Administration may not issue a commercial driver’s license to an individual until the disqualification imposed under subsection (a) of this section has expired.

(e) Notwithstanding any law to the contrary, if an individual has been disqualified from driving a commercial motor vehicle under the provisions of § 16–812(i) of this title, that individual may not drive a commercial motor vehicle as defined in § 16–812(i) until the period of disqualification is completed and the individual is issued a commercial driver’s license by the Administration.
Md. Code, Education § 16-418 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-418
§16–418.
Status: in_force

Notwithstanding the provisions of § 16-301(f) of this title, before any capital budget request made by Wor-Wic Community College is effective all of the counties that support that College shall give their written assent to the capital budget.
Md. Code, Housing and Community Development § 16-407 — MD Code / Article ghs / Title 16 / Subtitle 4 / Section 16-407
§16–407.
Status: in_force

(a) (1) If the Montgomery Commission fails to comply with any provision of this subtitle and a Montgomery Commission employee is adversely affected, the certified representative of the employee may file an appeal on the record on behalf of the employee before the State Office of Administrative Hearings in accordance with the contested case provisions of the Administrative Procedure Act, Title 10, Subtitle 2 of the State Government Article.

(2) (i) If the hearing officer finds that the Montgomery Commission was arbitrary and capricious in soliciting or entering into a service contract that is subject to the requirements of this section, and the Montgomery Commission employee has been adversely affected, the hearing officer may award the employee actual damages for back pay and front pay for a combined period of up to 2 years beginning on the date the employee was first adversely affected, provided that the employee is obligated to mitigate the actual damages.

(ii) The award of actual damages authorized under this paragraph shall be the sole and exclusive remedy for a violation of this subtitle that is available to the employee, and no liability shall accrue for punitive damages, consequential damages, or damages for emotional distress or pain and suffering.

(b) Noncompliance with this section may not invalidate a contract award or proposed contract award that the Montgomery Commission has otherwise validly awarded or issued.
Md. Code, Transportation § 16-501 — MD Code / Article gtr / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

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

(b) “Driver education course” means a standardized course of instruction under a driver education program, adopted or approved by the Administration in consultation with the State Department of Education, intended to teach individuals to safely drive a noncommercial motor vehicle.

(c) “Driver education instructor” means an individual who has completed required certification courses and is certified by the Administration to teach a driver education course, whether or not the individual is required to be licensed under Title 15, Subtitle 8 of this article.

(d) “Driver education program” means the courses and learning activities designated by the Administration in consultation with the State Department of Education that an individual may be required to complete before obtaining a noncommercial driver’s license under this title.

(e) “Driver education school” means a school approved by the Administration to conduct driver education courses in accordance with this subtitle.
Md. Code, Insurance § 16-311 — MD Code / Article gin / Title 16 / Subtitle 3 / Section 16-311
§16–311.
Status: in_force

(a) On default of a premium payment due on a policy of life insurance at a time other than the policy anniversary, any cash surrender value and paid-up nonforfeiture benefit available under the policy shall be calculated with an allowance for the lapse of time and the payment of any fractional premiums since the immediately preceding policy anniversary.

(b) Values referred to in §§ 16-305 through 16-309 of this subtitle may be calculated on the assumption that a death benefit is payable at the end of the policy year of death.

(c) The net value of any paid-up additions, other than paid-up term additions, may not be less than the amounts used to provide the additions.

(d) Notwithstanding § 16-305 of this subtitle, the following additional benefits and premiums for the benefits shall be disregarded when calculating cash surrender values and nonforfeiture benefits required under this subtitle and need not be included in any paid-up nonforfeiture benefits:

(1) benefits payable for death by accident or accidental means;

(2) benefits payable for dismemberment or loss of sight;

(3) benefits payable for total and permanent disability;

(4) benefits payable as a reversionary annuity or deferred reversionary annuity benefits;

(5) benefits for long-term home health care and long-term care in a nursing home or similar institution;

(6) term insurance benefits provided by a rider or supplemental policy provision if this subtitle would not apply had the rider or supplemental policy provision been issued as a separate policy;

(7) term insurance benefits payable on the life of a child provided in a policy on the life of a parent of the child if the term insurance:

(i) expires before the child turns 26 years old;

(ii) is a uniform amount after the child is 1 year old;

(iii) has not become paid-up due to the death of a parent of the child; and

(8) other policy benefits additional to life insurance or endowment benefits.
Md. Code, Education § 16-507 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-507
§16–507.
Status: in_force

(a) For each fiscal year, the President shall prepare and the Board of Trustees shall review, modify, as necessary, and approve an operating budget and a capital budget for the College.

(b) The operating budget shall indicate:

(1) All revenues estimated for the next fiscal year classified by funds and sources of income; and

(2) All expenditures requested, including specification of expenditures for each major function established by the Commission under § 16-304 of this title.

(c) The President and Board of Trustees shall submit the operating and capital budgets to the Commission in accordance with the provisions of § 11-105(i) of this article.

(d) (1) All income of the College shall be deposited:

(i) In the State Treasury; or

(ii) As the State Treasurer directs.

(2) By an approved budget amendment, the College may spend or encumber within the fiscal year in which they are received, revenues received in excess of those estimated for any fiscal year.

(3) The unexpended or unencumbered balances of the College’s revenues:

(i) Shall be reported to the Comptroller and to the Secretary at the end of the fiscal year for which the appropriation was made;

(ii) Do not revert to the State Treasury at the end of each fiscal year; and

(iii) Shall be available for expenditure through an appropriation contained in the budget bill or through an approved budget amendment.

(4) The interest or other income from the investment of any funds of the College shall be credited to the College, provided that any interest estimated to be earned on the State appropriation must be offset by an equivalent reduction in State General Fund support, and that amount will be reported annually to the General Assembly.

(e) The Legislative Auditor shall audit all expenditures and accounts of the College in accordance with §§ 2-1220 through 2-1227 of the State Government Article.
Md. Code, Education § 16-707 — MD Code / Article ged / Title 16 / Subtitle 7 / Section 16-707
§16–707.
Status: in_force

(a) If in the course of collective bargaining a party determines that an impasse exists, that party may request the services of the Board in mediation or engage another mutually agreeable mediator.

(b) (1) By mutual agreement, the parties may engage in mediation.

(2) (i) If there is not mutual agreement, either party may petition the Board to initiate fact–finding.

(ii) 1. After considering the status of bargaining and the budget schedule of the public employer, the Board may find that an impasse exists and may notify the parties that fact–finding is to be initiated.

2. A public employer and the exclusive representative may select their own fact finder.

3. A. If the parties have not selected their own fact finder within 5 days after the required notification, the Board shall submit to the parties the names of five qualified individuals.

B. Each party alternately shall strike two names from the list with the remaining individual being the fact finder.

4. The fact finder selected by the parties shall conduct hearings and may administer oaths.

5. The fact finder shall make written findings of fact and recommendations for resolution of the impasse.

6. Not later than 30 days after the date of appointment, the fact finder shall transmit the findings to the public employer, the exclusive representative, and the Board.

7. If the impasse continues 10 days after the report is submitted to the parties, any unresolved noneconomic language items that are subject to fact–finding shall be referred to the Board.

(c) The parties shall bear equally the costs of fact–finding.

(d) The Board, on receipt of the report and certification of unresolved noneconomic language items, shall provide the parties with an opportunity to submit additional position statements and issue a written decision adopting:

(1) The final proposal of the public employer;

(2) The final proposal of the exclusive representative; or

(3) The fact finder’s final offer or resolution.

(e) The Board’s written decision is final and binding on the public employer and the exclusive representative.
Md. Code, Business Occupations and Professions § 16-4A-01 — MD Code / Article gbo / Title 16 / Subtitle 4A / Section 16-4A-01
§16–4A–01.
Status: in_force

(a) A licensed home inspector shall give to each person for whom the licensee performs a home inspection for compensation or to the person’s representative, a written report that states:

(1) the scope and the exclusions of the inspection;

(2) the conditions observed during the home inspection that are subject to the adopted standards of practice and code of ethics approved by the Commission;

(3) the license number of the licensee; and

(4) a disclosure in 14–point bold type that includes the following statements:

(i) “An inspection is intended to assist in the evaluation of the overall condition of a building. The inspection is based on observation of the visible and apparent condition of the building and its components on the date of the inspection”;

(ii) “The results of this home inspection are not intended to make any representation regarding latent or concealed defects that may exist, and no warranty or guaranty is expressed or implied”;

(iii) “If your home inspector is not a licensed structural engineer or other professional whose license authorizes the rendering of an opinion as to structural integrity of a building or the condition of its components or systems, you may wish to seek the professional opinion of a licensed structural engineer or other professional regarding any possible defects or other observations set forth in this report”; and

(iv) “Only home inspections performed by Maryland licensed home inspectors will be recognized as a valid home inspection under a real estate contract”.

(b) The licensee shall give the person or the person’s representative the report:

(1) by the date set in a written agreement by the parties to the home inspection; or

(2) within 7 business days after the home inspection was performed, if no date was set in a written agreement by the parties to the home inspection.

(c) Any limitation of the liability of the licensee for any damages resulting from the report on the home inspection shall be agreed to in writing by the parties to the home inspection prior to the performance of the home inspection.
Md. Code, Business Occupations and Professions § 16-4A-02 — MD Code / Article gbo / Title 16 / Subtitle 4A / Section 16-4A-02
§16–4A–02.
Status: in_force

Each licensee shall display the license certificate in the manner required by the Commission.
Md. Code, Health Occupations § 16-311 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-311
§16–311.
Status: in_force

(a) Subject to the hearing provisions of § 16–313 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license or a limited license to any applicant, reprimand any licensee or holder of a limited license, impose an administrative monetary penalty not exceeding $50,000 on any licensee or holder of a limited license, place any licensee or holder of a limited license on probation, or suspend or revoke a license or a limited license if the applicant, licensee, or holder:

(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(2) Fraudulently or deceptively uses a license;

(3) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(4) Abandons a patient;

(5) Provides professional services 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;

(6) Has a condition, illness, or disease that may impair the ability of the individual to perform podiatric services;

(7) Personally uses a controlled dangerous substance in violation of the law;

(8) Prescribes or distributes a controlled dangerous substance to any other person in violation of the law, including in violation of § 1–223 of this article;

(9) Promotes the sale to a patient of drugs, devices, appliances, or goods in a manner that exploits the patient for financial gain;

(10) Willfully makes or files a false report or record of podiatric services rendered;

(11) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(12) Submits a false statement to collect a fee;

(13) Fails to provide the details of the medical records of a patient to a licensed health care practitioner or institution or an authorized insurance carrier on proper request;

(14) Pays or agrees to pay any sum to any person for bringing or referring a patient;

(15) Practices podiatry with an unauthorized person or aids an unauthorized person in the practice of podiatry;

(16) Grossly overutilizes health care services;

(17) Behaves fraudulently, immorally, or unprofessionally in the practice of podiatry;

(18) Is professionally or mentally incompetent;

(19) Violates any provision of this title;

(20) Advertises in a false or misleading manner;

(21) Has been disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country or disciplined by any branch of the uniformed services or the United States Veterans Administration for an act that would be grounds for disciplinary action under this section;

(22) Violates any rules or regulations adopted by the Board;

(23) Fails to comply with the provisions of § 12–102 of this article;

(24) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;

(25) Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions;

(26) Fails to display the notice required under § 16–404 of this title;

(27) Fails to cooperate with a lawful investigation conducted by the Board; or

(28) Fails to submit to a criminal history records check in accordance with § 16–302.1 of this subtitle.

(b) Subject to the hearing provisions of § 16-313 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may revoke the license of a podiatrist who practices podiatry while the podiatrist’s license is suspended.

(c) On an affirmative vote of the majority of its members then serving, the Board may issue advisory opinions when:

(1) The Board determines that the licensee should modify or eliminate certain practices and that continuation of the practices may result in an action against the licensee’s license; or

(2) The Board determines that there is not sufficient evidence to reprimand the licensee, place the licensee on probation, or suspend or revoke the license of the licensee.

(d) The Board may impose a monetary penalty under this section alone or in addition to a reprimand, probation, suspension, or revocation.

(e) By regulation, the Board shall establish standards for the imposition of penalties under this section.
Md. Code, Land Use § 16-405 — MD Code / Article glu / Title 16 / Subtitle 4 / Section 16-405
§16–405.
Status: in_force

(a) The Commission shall provide at least 60 days’ advance notice, and maintain at all times a formal plan of outplacement assistance, for each employee of the Commission who is represented by a certified representative and will be adversely affected by a service contract that is subject to this subtitle.

(b) A plan described in subsection (a) of this section shall include:

(1) efforts to transfer or place each adversely affected employee of the Commission in a vacant position of the Commission that the employee is qualified to perform;

(2) inclusion of a requirement in the service contract that the contractor shall:

(i) notify the Commission of each vacant position for which displaced employees of the Commission may apply; and

(ii) consider and give preference to hiring displaced employees of the Commission; and

(3) written notification of the anticipated adverse effect on one or more job classifications to the certified representative at least 90 days before the anticipated adverse effect will occur.
Md. Code, Criminal Procedure § 16-204 — MD Code / Article gcp / Title 16 / Subtitle 2 / Section 16-204
§16–204.
Status: in_force

§16–204. IN EFFECT

(a) Representation of an indigent individual may be provided in accordance with this title by the Public Defender or, subject to the supervision of the Public Defender, by the deputy public defender, district public defenders, assistant public defenders, or panel attorneys.

(b) (1) Indigent defendants or parties shall be provided representation under this title in:

(i) a criminal or juvenile proceeding in which a defendant or party is alleged to have committed a serious offense;

(ii) a criminal or juvenile proceeding in which an attorney is constitutionally required to be present prior to presentment being made before a commissioner or judge;

(iii) a postconviction proceeding for which the defendant has a right to an attorney under Title 7 of this article;

(iv) any other proceeding in which confinement under a judicial commitment of an individual in a public or private institution may result;

(v) a proceeding involving children in need of assistance under § 3–813 of the Courts Article;

(vi) a family law proceeding under Title 5, Subtitle 3, Part II or Part III of the Family Law Article, including:

1. for a parent, a hearing in connection with guardianship or adoption;

2. a hearing under § 5–326 of the Family Law Article for which the parent has not waived the right to notice; and

3. an appeal; or

(vii) an assisted outpatient treatment proceeding under Title 10, Subtitle 6A of the Health – General Article.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, representation shall be provided to an indigent individual in all stages of a proceeding listed in paragraph (1) of this subsection, including, in criminal proceedings, custody, interrogation, bail hearing before a District Court or circuit court judge, preliminary hearing, arraignment, trial, and appeal.

(ii) Representation is not required to be provided to an indigent individual at an initial appearance before a District Court commissioner.

(c) Subsection (b)(1)(vii) of this section may not be construed to prevent a respondent from retaining private counsel at the respondent’s own expense.

§16–204. // EFFECTIVE JUNE 30, 2030 PER CHAPTERS 703 AND 704 OF 2024 //

(a) Representation of an indigent individual may be provided in accordance with this title by the Public Defender or, subject to the supervision of the Public Defender, by the deputy public defender, district public defenders, assistant public defenders, or panel attorneys.

(b) (1) Indigent defendants or parties shall be provided representation under this title in:

(i) a criminal or juvenile proceeding in which a defendant or party is alleged to have committed a serious offense;

(ii) a criminal or juvenile proceeding in which an attorney is constitutionally required to be present prior to presentment being made before a commissioner or judge;

(iii) a postconviction proceeding for which the defendant has a right to an attorney under Title 7 of this article;

(iv) any other proceeding in which confinement under a judicial commitment of an individual in a public or private institution may result;

(v) a proceeding involving children in need of assistance under § 3–813 of the Courts Article; or

(vi) a family law proceeding under Title 5, Subtitle 3, Part II or Part III of the Family Law Article, including:

1. for a parent, a hearing in connection with guardianship or adoption;

2. a hearing under § 5–326 of the Family Law Article for which the parent has not waived the right to notice; and

3. an appeal.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, representation shall be provided to an indigent individual in all stages of a proceeding listed in paragraph (1) of this subsection, including, in criminal proceedings, custody, interrogation, bail hearing before a District Court or circuit court judge, preliminary hearing, arraignment, trial, and appeal.

(ii) Representation is not required to be provided to an indigent individual at an initial appearance before a District Court commissioner.
Md. Code, Education § 16-319 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-319
§16–319.
Status: in_force

(a) The Commission shall establish and administer a grant program for supplemental services and supports for students with disabilities in community colleges.

(b) The Commission, in cooperation with the Department of Disabilities, shall:

(1) Establish a competitive review process for the awarding of grants to community colleges; and

(2) Adopt any other guidelines or regulations necessary for the administration of this section.
Md. Code, Education § 16-510 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-510
§16–510.
Status: in_force

(a) (1) All employees of the College are in an independent personnel system.

(2) The personnel system established under this subsection shall include provisions for:

(i) Consideration of hiring a contractual employee to fill a vacant position in the same or similar classification in which the contractual employee is employed; and

(ii) Redress of any violation of Title 2, Subtitle 4 of the State Personnel and Pensions Article, including the award and payment of damages.

(b) If an employee was employed by the State in the skilled service of the State Personnel Management System, beginning January 1, 1996, the employee’s years of service as an employee of Baltimore City shall be added to the employee’s years of service with the State for the purpose of determining:

(1) The annual leave accrual rate provided in § 9-302 of the State Personnel and Pensions Article;

(2) Seniority under Title 11, Subtitle 2 of the State Personnel and Pensions Article, relating to layoffs; and

(3) Seniority under § 7-207(b) of the State Personnel and Pensions Article, relating to promotions.
Md. Code, Health Occupations § 16-505 — MD Code / Article gho / Title 16 / Subtitle 5 / Section 16-505
§16–505.
Status: in_force

(a) Any person who practices, attempts to practice, or offers to practice podiatry in this State without complying with the provisions of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 90 days.

(b) Any person who violates § 16–501 of this subtitle is subject to a civil fine of not more than $50,000 to be assessed by the Board in accordance with regulations adopted by the Board.
Md. Code, Transportation § 16-117.1 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-117.1
§16–117.
Status: in_force

§16–117.1.

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

(2) “Child Support Administration” means the Child Support Administration of the Department of Human Services.

(3) “Criminal offense” does not include any violation of the Maryland Vehicle Law.

(b) The Administration shall expunge the public driving record of a licensee if:

(1) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’s license never has been suspended for reasons related to driver safety, as defined by the Administration, or revoked;

(2) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee’s record shows not more than one suspension for reasons related to driver safety, as defined by the Administration, and no revocations; or

(3) Within the preceding 10 years:

(i) The licensee has not been granted probation before judgment for a violation of § 20–102 or § 21–902 of this article; and

(ii) The licensee has not been convicted of any moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.

(c) (1) On request of the Child Support Administration, the Administration shall expunge a record of a suspension for failure to pay child support:

(i) For a licensee who is enrolled in and compliant with an employment program approved by the Child Support Administration, if the licensee:

1. Has not been convicted of driving on a license that was suspended for failure to pay child support; and

2. Does not have charges related to the suspension for failure to pay child support pending against the licensee; or

(ii) If the Child Support Administration notifies the Administration that the information reported by the Child Support Administration that led to the suspension was inaccurate.

(2) A request by the Child Support Administration to expunge a record under this subsection may not affect any suspension unrelated to child support.

(d) The Administration may refuse to expunge a driving record if it determines that the licensee has not driven a motor vehicle on the highways during the particular conviction–free period on which the expungement is based.

(e) Notwithstanding any other provision of this section, the Administration may not expunge:

(1) Any driving records before the expiration of the time they are required to be retained under § 16–819 of this title;

(2) Any driving record entries required for assessment of subsequent offender penalties; and

(3) Any driving record entries related to a moving violation or an accident that resulted in the death of another person.

(f) (1) Subject to paragraph (2) of this subsection, the Administration shall adopt regulations to carry out this section.

(2) The Secretary, in cooperation with the Secretary of Human Services, may adopt regulations to implement the provisions of subsection (c) of this section.
Md. Code, Business Occupations and Professions § 16-504 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-504
§16–504.
Status: in_force

An applicant shall specify whether the applicant is a holder of a certificate for residential or general real estate appraisal.
Md. Code, Transportation § 16-213 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-213
§16–213.
Status: in_force

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

(2) “Education and employment only restriction” means a restriction that allows a licensed driver to drive only:

(i) To or from a school class or an official school activity; or

(ii) To or from, or in the course of, the licensee’s employment.

(3) “Offense” means a moving violation committed by an individual who:

(i) Held a provisional license under § 16–111 of this title on the date the violation was committed;

(ii) Was convicted of, or granted a probation before judgment under § 6–220 of the Criminal Procedure Article for, the violation; and

(iii) Was not eligible for a license under § 16–111.1 of this title at the time of the violation.

(b) Except as provided in § 16–205(d–1) or § 16–206(b) of this subtitle, the sanctions under this section are in addition to any other penalty or sanctions that might apply as a result of a moving violation.

(c) The Administration:

(1) For a first offense, shall require the offender to attend a driver improvement program under § 16–212 of this subtitle;

(2) For a second offense:

(i) For an adult, may suspend the offender’s license for up to 30 days; and

(ii) For an individual under the age of 18 years, may:

1. Suspend the offender’s license for up to 30 days; and

2. Impose, on completion of the suspension, an education and employment only restriction on the offender’s license effective for 90 days;

(3) For a third offense:

(i) For an adult, may suspend the offender’s license for up to 180 days; and

(ii) For an individual under the age of 18 years, may:

1. Suspend the offender’s license for up to 180 days;

2. Require the offender to attend a driver improvement program designed for young drivers under § 16–212 of this subtitle; and

3. Impose, on completion of the suspension, an education and employment only restriction on the offender’s license effective for 180 days; and

(4) For a fourth or subsequent offense:

(i) For an adult, may suspend or revoke the offender’s license for up to 180 days; and

(ii) For an individual under the age of 18 years, may:

1. Revoke the offender’s license for not less than 180 days; and

2. Require the offender, in addition to applying for reinstatement as required under § 16–208(b) of this subtitle, to pass the examinations required under § 16–110 of this title.
Md. Code, Insurance § 16-409 — MD Code / Article gin / Title 16 / Subtitle 4 / Section 16-409
§16–409.
Status: in_force

An annuity contract may include a rider or supplemental contract provision that offers a contract holder reimbursement or payment for long–term home health care or long–term care in a nursing home or other related institution:

(1) instead of or in addition to the annuity benefits payable under the contract; or

(2) instead of all or part of the cash surrender or other nonforfeiture value of the contract.
Md. Code, Agriculture § 16-108 — MD Code / Article gag / Title 16 / Subtitle 1 / Section 16-108
§16–108.
Status: in_force

§16–108. ** CONTINGENCY – IN EFFECT – CHAPTER 131 OF 2019 **

(a) If the Secretary finds that covered produce is in violation of the requirements of the Program, the Secretary may detain the covered produce for a period that does not exceed 30 consecutive days.

(b) Any covered produce detained by the Secretary under this section shall be detained pending condemnation proceedings or notification of any federal or other governmental authority having jurisdiction over the covered produce.

(c) A person may not remove any covered produce detained by the Secretary under this section until the Secretary releases the covered produce.
Md. Code, Transportation § 16-903 — MD Code / Article gtr / Title 16 / Subtitle 9 / Section 16-903
§16–903.
Status: in_force

The Administration shall:

(1) File each vehicle accident report, citation or other charging document, and incident report that the Administration receives under this subtitle; and

(2) Keep convenient records or make suitable notations showing each:

(i) Conviction;

(ii) Probation before judgment disposition of any violation of § 21-902 of this article; and

(iii) Vehicle accident.
Md. Code, Land Use § 16-310 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-310
§16–310.
Status: in_force

(a) (1) The economic provisions of a final collective bargaining agreement are subject to funding by the county councils of Montgomery County and Prince George’s County.

(2) The Commission shall request funds in the Commission’s final budget from the county councils of Montgomery County and Prince George’s County for all economic provisions of a final collective bargaining agreement.

(b) If the request for funds necessary to implement the collective bargaining agreement is reduced, modified, or rejected by the county councils of Montgomery County and Prince George’s County, the Commission or the exclusive representative, within 5 days after final budget action by the county councils, shall reopen the negotiated collective bargaining agreement and bargain with respect to the provisions of the collective bargaining agreement not approved by the county councils.

(c) If a provision of a collective bargaining agreement is ruled invalid or is not funded by Montgomery County and Prince George’s County, the remainder of the collective bargaining agreement remains in effect unless reopened under subsection (b) of this section.
Md. Code, Transportation § 16-405 — MD Code / Article gtr / Title 16 / Subtitle 4 / Section 16-405
§16–405.
Status: in_force

Except as provided in §§ 16–205(e) and 16–205.1 of this title, if the suspension or revocation of a license would affect adversely the employment or opportunity for employment of a licensee, the hearing officer may:

(1) Decline to order the suspension or revocation; or

(2) Modify the suspension or revocation.
Md. Code, Transportation § 16-304 — MD Code / Article gtr / Title 16 / Subtitle 3 / Section 16-304
§16–304.
Status: in_force

(a) A person may not cause his child or ward under the age of 15 to drive a motor vehicle on any highway:

(1) If the minor is not authorized by this title to drive; or

(2) Otherwise in violation of any of the provisions of this title.

(b) A person may not knowingly permit the person’s child or ward under the age of 15 to drive a motor vehicle on any highway:

(1) If the minor is not authorized by this title to drive; or

(2) Otherwise in violation of any of the provisions of this title.
Md. Code, Alcoholic Beverages and Cannabis § 16-501 — MD Code / Article gab / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

(a) The following sections of Title 2, Subtitle 3 (“Wholesaler’s Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 2–301 (“Licenses issued by Comptroller”);

(2) § 2–302 (“Class 1 beer, wine, and liquor wholesaler’s license”);

(3) § 2–303 (“Class 2 wine and liquor wholesaler’s license”);

(4) § 2–304 (“Class 3 beer and wine wholesaler’s license”);

(5) § 2–305 (“Class 4 beer wholesaler’s license”);

(6) § 2–306 (“Class 5 wine wholesaler’s license”);

(7) § 2–307 (“Class 6 limited wine wholesaler’s license”);

(8) § 2–308 (“Class 7 limited beer wholesaler’s license”);

(9) § 2–309 (“Sale and delivery of beer or wine from wholesaler’s vehicle”);

(10) § 2–310 (“Sale and delivery to retail license holder”);

(11) § 2–311 (“Additional wholesaler’s licenses”);

(12) § 2–312 (“Direct importation of alcoholic beverages”);

(13) § 2–313 (“Sale or delivery restricted to holder of license or permit”);

(14) § 2–315 (“Interaction between wholesaling entities and retailers”);

(15) § 2–316 (“Distribution of alcoholic beverages — Prohibited practices”); and

(16) § 2–317 (“Restrictive agreements between wholesalers and retailers — Prohibited”).

(b) Section 2–314 (“Beer sale on credit to retail dealer prohibited”) of Division I of this article does not apply in the county.
Md. Code, Transportation § 16-601 — MD Code / Article gtr / Title 16 / Subtitle 6 / Section 16-601
§16–601.
Status: in_force

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

(b) “Mobile training center” means a mobile unit equipped and managed by the Administration that may be available for the offering of motorcycle safety courses and for conducting public awareness activities at various locations in the State.

(c) “Motorcycle safety courses” and “courses” mean courses of instruction, designated and approved by the Administration and offered by a training center, in the safe use and operation of motorcycles operated under a Class M driver’s license, including instruction in the safe on–road operation of motorcycles, the rules of the road, and the laws of this State relating to motor vehicles.

(d) “Motorcycle safety training center” and “training center” mean places designated and approved by the Administration where approved motorcycle safety courses are offered.
Md. Code, Election Law § 16-204 — MD Code / Article gel / Title 16 / Subtitle 2 / Section 16-204
§16–204.
Status: in_force

(a) A person may not hinder or impede the conduct of official electoral activities by:

(1) breach of the peace;

(2) disorder; or

(3) violence or threat of violence.

(b) A person who violates this section shall be guilty of a misdemeanor and shall be subject to imprisonment for not less than 30 days nor more than 1 year or by a fine of not less than $50 nor more than $1,000 or both.
Md. Code, Land Use § 16-507 — MD Code / Article glu / Title 16 / Subtitle 5 / Section 16-507
§16–507.
Status: reserved

(a) Employees employed by the recreation department on July 1, 1970, who are employed under the county merit system shall be employed by the Commission:

(1) to further the functions and programs of Title 25, Subtitle 8 of this article;

(2) in a position classification that the county planning board may establish; and

(3) at a pay grade not less than that held by the employee under the county merit system.

(b) Employees transferred to the Commission under this subtitle shall be given credit for sick and annual leave accrued under the county merit system and for any other benefits, privileges, and rights accrued while employed by the county.
Md. Code, Insurance § 16-116 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-116
§16–116.
Status: in_force

(a) In this section, “public entity” means:

(1) a political subdivision of the State;

(2) a unit of the State or a local government; or

(3) a nonprofit or nonstock corporation that:

(i) receives 50% or more of its annual operating budget from the State or a local government; and

(ii) is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code.

(b) Public entities may pool together to purchase life insurance or to self-insure against life risks.
Md. Code, Business Regulation § 16-303 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

The clerk shall issue a county license to each applicant who meets the requirements of this subtitle.
Md. Code, Health - General § 16-201.2 — MD Code / Article ghg / Title 16 / Subtitle 2 / Section 16-201.2
§16–201.
Status: in_force

§16–201.2.

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

(2) “Community developmental disabilities services provider” means a community–based developmental disabilities program licensed by the Department.

(3) “Community mental health services provider” means a community–based mental health program approved by the Department or an individual practitioner who contracts with the Department or the appropriate core service agency or local behavioral health authority.

(4) “Core service agency” has the meaning stated in § 7.5–101 of this article.

(5) “Eligible individual” means a Medicaid recipient or an individual who receives developmental disabilities services or mental health services subsidized in whole or in part by the State.

(6) “Local behavioral health authority” has the meaning stated in § 7.5–101 of this article.

(b) Notwithstanding the provisions of this subtitle, the Department shall reimburse a community developmental disabilities services provider or a community mental health services provider for approved services rendered to an eligible individual as provided in this section.

(c) (1) Subject to the limitations of the State budget, beginning in fiscal year 2008 and in each fiscal year thereafter, the Department shall adjust for inflation the fees paid to a community developmental disabilities services provider and a community mental health services provider for approved services rendered to an eligible individual using the update factor recommended by the Community Services Reimbursement Rate Commission.

(2) Annual adjustments shall be funded with due regard to the expenditures necessary to meet the needs of individuals receiving services.

(3) The annual rate of change for the fees may not exceed a maximum rate of 5%.
Md. Code, Insurance § 16-403 — MD Code / Article gin / Title 16 / Subtitle 4 / Section 16-403
§16–403.
Status: in_force

(a) Subject to § 16-405 of this subtitle, if a statement, other than a statement about age, sex, or identity, is required as a condition to issuing an annuity contract or pure endowment contract, each annuity contract and each pure endowment contract shall contain a provision that the contract is incontestable, except for nonpayment of stipulated payments to the insurer, after the contract has been in force during the lifetime of the individual or individuals as to whom the statements are required for 2 years after its date of issue.

(b) At the option of the insurer, the contract may also except from the incontestability provision described in subsection (a) of this section provisions that relate to disability benefits or to additional benefits for death by accident or accidental means.
Md. Code, Land Use § 16-506 — MD Code / Article glu / Title 16 / Subtitle 5 / Section 16-506
§16–506.
Status: in_force

(a) The county planning board may employ part–time or temporary employees for a period of time and at a salary as the county planning board may determine.

(b) The county planning board may accept the services of volunteers without compensation.
Md. Code, Land Use § 16-503 — MD Code / Article glu / Title 16 / Subtitle 5 / Section 16-503
§16–503.
Status: in_force

The county planning board shall designate a director to coordinate its county recreation program with the Commission’s park functions.
Md. Code, Land Use § 16-303 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, the Commission and the exclusive representative jointly shall appoint an experienced neutral party, from a list of five nominees on whom they have agreed, to serve as labor relations administrator for a 2–year term.

(2) If an exclusive representative has not been certified to represent employees of the bargaining unit, the Commission shall appoint the labor relations administrator for a term not exceeding 1 year.

(b) A labor relations administrator:

(1) is eligible for reappointment; and

(2) may be the same individual as the labor relations administrator appointed under § 16–203 of this title.
Md. Code, Land Use § 16-213 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-213
§16–213.
Status: in_force

(a) This subtitle and any agreement made under it may not impair the rights and responsibilities of the Commission to:

(1) determine the overall budget and mission of the Commission;

(2) maintain and improve the efficiency and effectiveness of operations;

(3) determine the services to be rendered and the operations to be performed;

(4) determine the location of facilities and the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted;

(5) direct and supervise employees;

(6) hire, select, and establish the standards governing promotion of employees and classify positions;

(7) relieve employees from duties because of lack of work or funds or when the Commission determines continued work would be inefficient or nonproductive;

(8) take actions to carry out the missions of government in emergency situations;

(9) transfer and schedule employees;

(10) determine the size, grades, and composition of the workforce;

(11) set the standards of productivity and technology;

(12) establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures shall be a subject for bargaining;

(13) establish and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;

(14) introduce new or improved technology, research, development, and services;

(15) control and regulate the use of machinery, equipment, and other property and facilities of the Commission, subject to § 16–207(a)(6) of this subtitle;

(16) maintain internal security standards;

(17) create, alter, combine, contract out, or abolish any job classification, operation, department, unit, or other division or service;

(18) suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure set forth in a collective bargaining agreement; and

(19) adopt and enforce policies and regulations necessary to carry out this section and all other managerial functions that are not inconsistent with federal or State law or the terms of a collective bargaining agreement.

(b) The Commission may not sign a contract that will displace employees unless the Commission gives written notice to the certified representative at least 90 days before signing the contract or within a different period of time agreed to by the parties.
Md. Code, Transportation § 16-123 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-123
§16–123.
Status: in_force

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

(2) “Covered employee” means an employee of the Administration or a contractor for the Administration who is involved in the manufacture or production of identification cards, moped operators’ permits, or licenses to drive or who has the ability to affect the identity information that appears on an identification card, a moped operator’s permit, or a license to drive.

(3) “Personally identifiable information” means any information that can be used to distinguish or trace an individual’s identity as specified in regulations adopted by the Secretary of the United States Department of Homeland Security, whether the information is stored in a database, on an identification card, a moped operator’s permit, or a license to drive, or in the machine–readable zone on an identification card, a moped operator’s permit, or a license to drive.

(b) The Administration shall have a security plan for identification cards, moped operators’ permits and licenses to drive issued or renewed for the purposes of complying with the provisions of this article.

(c) At a minimum, the security plan shall address:

(1) Physical security of the facilities used and storage areas for card stock and other materials used in production; and

(2) Security of personally identifiable information maintained at locations of the Administration involved in the enrollment, issuance, manufacture, or production, including the following protections:

(i) Reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of the personally identifiable information collected, stored, and maintained in Administration records and information systems, including procedures to prevent unauthorized access, use, or dissemination of applicant information and images of source documents retained and standards and procedures for document retention and destruction;

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the Administration;

(iii) Requiring that release or use of personal information collected and maintained by the Administration comply with the requirements of the federal Driver’s Privacy Protection Act;

(iv) Document and physical security features for identification cards, moped operators’ permits, and licenses to drive issued by the Administration;

(v) Access control, including:

1. Employee identification and credentialing, including access badges;

2. Employee background checks, including a name–based and fingerprint–based criminal history records check, for each covered employee and current employee who will be assigned to the position of a covered employee; and

3. Controlled access systems;

(vi) Periodic training requirements in:

1. Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of identification cards, moped operators’ permits, or licenses to drive; and

2. Security awareness training, including threat identification and handling of sensitive security information as necessary;

(vii) Emergency and incident response plan;

(viii) Internal audit controls; and

(ix) An affirmation that the Administration possesses the authority and means to produce, revise, expunge, and protect the confidentiality of identification cards, moped operators’ permits, and licenses to drive issued in support of federal, State, or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties.

(d) The security plan required by this section contains sensitive security information and shall be handled and protected in accordance with 49 Code of Federal Regulations Part 1520.
Md. Code, Land Use § 16-103 — MD Code / Article glu / Title 16 / Subtitle 1 / Section 16-103
§16–103.
Status: in_force

(a) There is a merit system board of the Commission.

(b) (1) The board consists of three members appointed by the Commission.

(2) Nothing contained in this subtitle requires that an appointment be made for the purpose of rotating majority membership on the board between residents of Montgomery County and Prince George’s County.

(3) The Commission may reappoint a member of the board.

(c) (1) Each member of the board:

(i) shall be a resident of the regional district;

(ii) shall be knowledgeable and experienced in personnel matters; and

(iii) may not be a member or employee of the Commission or the executive director, secretary–treasurer, or general counsel appointed by the Commission under § 15–109 of this article.

(2) Not more than two members of the board may reside in the same county.

(d) Each member of the board shall be appointed for a term of 4 years and continue to serve until the member’s successor is appointed.

(e) The Commission shall fill each vacancy on the board in the same manner as an original appointment.

(f) The Commission shall designate one member of the board to serve as the chair at the pleasure of the Commission.
Md. Code, Health - General § 16-403 — MD Code / Article ghg / Title 16 / Subtitle 4 / Section 16-403
§16–403.
Status: in_force

Notwithstanding any other provision of this title, the amount to be charged to chargeable persons for services received by a recipient of services under the Maryland Developmental Disabilities Law shall be as provided in this subtitle.
Md. Code, Local Government § 16-111 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-111
§16–111.
Status: in_force

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

(b) The governing body of a county may receive, hold, and control in trust all money or other property that is given to the county in trust for the purpose of education.

(c) By resolution or otherwise, the governing body of a county may provide for the administration of the trust in the manner prescribed by the trust instrument.

(d) If the governing body of a county is neglectful in administering the trust, the State’s Attorney of the county shall institute proceedings in the circuit court to compel the proper administration of the trust.
Md. Code, Transportation § 16-102 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-102
§16–102.
Status: in_force

(a) The licensing requirements of this title do not apply to:

(1) An officer or employee of the United States while driving on official business a motor vehicle other than a commercial motor vehicle owned or operated by the United States;

(2) Except for members elected from this State, a member of the United States Congress who resides in this State during his term of office in the Congress;

(3) An individual while driving any road machine, farm tractor, or farm equipment temporarily driven on a highway in this State, or dock equipment at Dundalk or Locust Point marine terminals which does not require registration under the provisions of this article;

(4) An individual who, while driving a mobile crane on a highway to or from a construction site in this State, has with him a valid Class A, B, or C license issued to him under § 16–104.1 of this subtitle or a Class A or B commercial driver’s license issued to him under this title;

(5) A nonresident student enrolled in an accredited school, college, or university of this State or of a bordering state or serving a medical internship in this State, if:

(i) The state of which the student is a resident extends the same privileges to the residents of this State;

(ii) The student has with him a license to drive issued to him by the state of which he is a resident; and

(iii) The license authorizes the student to drive in the state of which he is a resident vehicles of the class he is driving in this State;

(6) A new resident of this State during the first 60 days of residency, if:

(i) The individual has a valid license issued by the state of which the individual formerly was a resident;

(ii) The license authorizes the individual to drive in the state of former residence vehicles of the class the individual is driving in this State; and

(iii) The individual is at least the same age as that required for a resident to drive a vehicle of the same class the individual is driving in this State;

(7) A member of the uniformed services who is serving on active duty and any dependent of the member, if:

(i) The driver has in the driver’s possession a license to drive issued to the driver by the driver’s state of domicile; and

(ii) The license authorizes the driver to drive in the driver’s state of domicile vehicles of the class the driver is driving in this State;

(8) For not more than 30 days after he returns to the United States, a member of the armed forces of the United States who is returning from active duty outside the United States and any dependent of the member who is returning from residence with the member outside the United States; if:

(i) The driver has with him a license to drive issued to him by the armed forces of the United States in a place outside the United States; and

(ii) The license authorizes the driver to drive vehicles of the class he is driving in this State;

(9) A nonresident of this State if:

(i) He has with him a license to drive issued to him by the state of his residence;

(ii) His license authorizes him to drive in that state vehicles of the class he is driving in this State; and

(iii) He is at least the same age as that required of a resident for the vehicle he is driving in this State;

(10) A nonresident of the United States if:

(i) The individual has a valid license to drive issued to the individual by the country of residence;

(ii) The individual’s license authorizes him to drive in that country vehicles of the class he is driving in this State;

(iii) The individual is at least the same age as that required of a resident for the vehicle he is driving in this State; and

(iv) Except as provided for in Subtitle 8 of this title, the vehicle is not a commercial motor vehicle;

(11) A member of the Maryland National Guard or a National Guard military technician if:

(i) The driver is driving a military vehicle in the performance of duty; and

(ii) The driver has with him an operator’s identification card issued by the Maryland National Guard for the type of military vehicle being driven; and

(12) A member or employee of a fire department, rescue squad, emergency medical services unit, or volunteer fire company while driving an emergency vehicle if the driver:

(i) Holds a valid Class C license issued to the driver under § 16–104.1 of this subtitle;

(ii) Has been authorized by the political subdivision that operates a fire department, rescue squad, emergency medical services unit, or volunteer fire department to operate the type of emergency vehicle being driven; and

(iii) Is driving the emergency vehicle in the performance of the official duties of the driver in or out of this State.

(b) (1) The Administration shall adopt regulations that establish mandatory training and testing requirements that a political subdivision that operates a fire department, rescue squad, emergency medical services unit, or volunteer fire department must implement before the political subdivision may authorize an individual to operate an emergency vehicle in accordance with subsection (a)(12) of this section.

(2) The Administration shall adopt the regulations required under this subsection in consultation with:

(i) The Maryland Firefighters Association;

(ii) The Maryland Fire Chief’s Association;

(iii) The Professional Firefighters Association of Maryland;

(iv) The Metropolitan Fire Chief’s Council; and

(v) The Maryland Fire and Rescue Institute of the University of Maryland.
Md. Code, Insurance § 16-502 — MD Code / Article gin / Title 16 / Subtitle 5 / Section 16-502
§16–502.
Status: in_force

The operative date of this subtitle is:

(1) a date from July 2, 1980, to June 30, 1982, both inclusive, as specified by the insurer if the insurer filed with the Commissioner written notice of an election to comply with this subtitle on a date before July 1, 1982; or

(2) July 1, 1982.
Md. Code, Housing and Community Development § 16-204 — MD Code / Article ghs / Title 16 / Subtitle 2 / Section 16-204
§16–204.
Status: in_force

(a) (1) On determining to issue bonds, the Montgomery Commission shall provide to the County Executive information about the bonds and the housing projects benefiting from the bond proceeds.

(2) The information shall include:

(i) the terms and conditions of the bonds;

(ii) an estimate of the bond interest rate and the basis for the estimate;

(iii) the estimated timing and other provisions about the advertising and sale of the bonds;

(iv) a description of the proposed housing project, with detailed estimates of construction and related costs to make it ready to rent or sell;

(v) detailed estimates of operating costs and debt service;

(vi) schedules of reserves for depreciation and major maintenance;

(vii) separate schedules that show how, after allowance for vacancies, revenues are expected to cover:

1. operating costs;

2. debt service and capital costs; and

3. reserves for depreciation and major maintenance;

(viii) separate schedules that:

1. show the cost, benefit, and effect on rent schedules of added safeguards to ensure solvency of the housing project;

2. address devices such as mortgage insurance and debt service reserves; and

3. state the recommendation of the Montgomery Commission on use of those devices;

(ix) a description of the terms and conditions for construction of the housing project, including any safeguards against construction default and the conditions under which construction financing is to be provided by the Montgomery Commission; and

(x) a description of the accounting system for recording and controlling expenditures of bond funds, debt service, operating costs, reserves, and revenues.

(b) Each housing project shall be established as an independent accounting entity for revenues, expenditures, debt service, and reserves.
Md. Code, Environment § 16-102 — MD Code / Article gen / Title 16 / Subtitle 1 / Section 16-102
§16–102.
Status: in_force

(a) In many areas of the State much of the wetlands have been lost or despoiled by unregulated dredging, dumping, filling, and like activities, and the remaining wetlands are in jeopardy of being lost or despoiled by these and other activities. The loss or despoliation:

(1) Will affect adversely, if not eliminate entirely, the value of the wetlands as a source of nutrient to finfish, crustacea, and shellfish of significant economic value;

(2) Will destroy the wetlands as a habitat for plants and animals of significant economic value and eliminate or substantially reduce marine commerce, recreation, and aesthetic enjoyment;

(3) In most cases, will affect the natural ability of tidal wetlands to reduce flood damage and affect adversely the public health and welfare; and

(4) Will reduce substantially the capacity of the wetlands to absorb silt and result in increased silting of channel and harbor areas to the detriment of free navigation.

(b) It is the public policy of the State, taking into account varying ecological, economic, developmental, recreational, and aesthetic values, to preserve the wetlands and prevent their despoliation and destruction.
Md. Code, Commercial Law § 16-701 — MD Code / Article gcl / Title 16 / Subtitle 7 / Section 16-701
§16–701.
Status: in_force

(a) (1) If a qualified veterinarian, as defined in the Agriculture Article, or a commercial boarding kennel operator gives care or custody to any animal or performs medical or other services necessary and incidental to their professions to any animal under care or custody, the veterinarian or commercial boarding kennel operator may notify the owner after the animal is ready for delivery that the animal is ready.

(2) Notice may be given in person or by registered or certified mail or, if the owner’s address is unknown, by posting the notice for 10 days on the door of the courthouse or on a bulletin board in the immediate vicinity of the courthouse of the county where the animal is located.

(b) If the animal is not claimed and taken by the owner from the veterinarian or the boarding kennel within 10 days of the date the notice is given or posted, the owner forfeits his title to the animal and the veterinarian or the commercial boarding kennel operator may:

(1) Sell the animal at public sale, except for purposes of experimentation or vivisection;

(2) Turn the animal over to an animal welfare agency serving the county in which the animal is located or, if there is no animal welfare agency in that county, to the nearest animal welfare agency; or

(3) Turn the animal over to a responsible private individual in the county.

(c) If the veterinarian or commercial boarding kennel operator gives notice to the owner of the animal as provided in subsection (a) of this section, the veterinarian, commercial boarding kennel operator, and any custodian to whom the animal may be given are relieved of any further liability for disposal.

(d) (1) The proceeds of any sale under subsection (b)(1) of this section shall be applied, in the following order, to:

(i) The expenses of the sale; and

(ii) The amount of the indebtedness of the owner of the animal.

(2) After application of the proceeds in accordance with paragraph (1) of this subsection, any balance shall be held for 30 days for the benefit of the owner of the animal. If the balance is unclaimed after 30 days, the veterinarian or commercial boarding kennel operator shall turn the balance over to the local board of education.

(e) The exercise of any right provided in this section does not prevent a subsequent action at law for the collection of any money remaining due and unpaid to the veterinarian or commercial boarding kennel operator.
Md. Code, Health Occupations § 16-403 — MD Code / Article gho / Title 16 / Subtitle 4 / Section 16-403
§16–403.
Status: in_force

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

(1) Is defined in subsection (b) of this section; and

(2) Performs any of the functions listed in subsection (d) of this section.

(b) For purposes of this section, a podiatrist rehabilitation committee is a committee of the Board or a committee of the Maryland Podiatry Association that:

(1) Is recognized by the Board; and

(2) Includes but is not limited to podiatrists.

(c) A rehabilitation committee of the Board or recognized by the Board may function:

(1) Solely for the Board; or

(2) Jointly with a rehabilitation committee representing another board or boards.

(d) For purposes of this section, a podiatrist rehabilitation committee evaluates and provides assistance to any podiatrist, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(e) (1) Except as otherwise provided in this subsection, the proceedings, records, and files of the podiatrist 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 podiatrist rehabilitation committee.

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

(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.

(f) A person who acts in good faith and within the scope of jurisdiction of the podiatrist rehabilitation committee is not civilly liable for any action as a member of the podiatrist rehabilitation committee or for giving information to, participating in, or contributing to the function of the podiatrist rehabilitation committee.
Md. Code, Business Regulation § 16-212 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-212
§16–212.
Status: in_force

(a) Subject to the notice requirement of subsection (c) of this section, if a licensee engages in an act or omission that is a ground for discipline under § 16–210 of this subtitle, the Executive Director may suspend the license for a consecutive period that:

(1) for a first offense, is not less than 5 nor more than 20 business days; or

(2) for a subsequent offense, is not less than 20 business days nor more than 6 months.

(b) Subject to the notice requirement under subsection (c) of this section, the Executive Director may revoke a license if a licensee:

(1) willfully and persistently engages in an act or omission that is a ground for discipline under § 16–210(a) of this subtitle; or

(2) violates this title or Title 12 of the Tax – General Article, or regulations adopted under these titles.

(c) If a license is suspended or revoked under this section:

(1) the Executive Director shall give the licensee notice of the suspension or revocation; and

(2) the suspension or revocation may not take effect until at least 5 business days following notice of the suspension or revocation.

(d) The transfer, renewal, or expiration of a license will not bar or abate a disciplinary action under this section.

(e) (1) Except for a violation of § 10–107 of the Criminal Law Article, whenever any license issued under the provisions of this subtitle is suspended or revoked by the Executive Director, the licensee may, before the effective date of the suspension or revocation, petition the Executive Director for permission to make an offer of compromise consisting of a sum of money in lieu of serving the suspension or revocation.

(2) Money paid in lieu of suspension or revocation shall be paid into the General Fund of the State.

(3) An offer of compromise shall not exceed $2,000 in the case of retail licensees, and shall not exceed $50,000 for other licensees.

(4) The Executive Director may accept the offer of compromise if:

(i) the public welfare and morals would not be impaired by allowing the licensee to operate during the period set for the suspension or revocation; and

(ii) the payment of the sum of money will achieve the desired disciplinary purposes.

(5) The Executive Director may promulgate rules and regulations necessary to carry out the purposes of this subsection.
Md. Code, Criminal Procedure § 16-201 — MD Code / Article gcp / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

It is the policy of the State to:

(1) provide for the realization of the constitutional guarantees of counsel in the representation of indigent individuals, including related necessary services and facilities, in criminal and juvenile proceedings in the State;

(2) assure the effective assistance and continuity of counsel to indigent accused individuals taken into custody and indigent individuals in criminal and juvenile proceedings before the courts of the State; and

(3) authorize the Office of the Public Defender to administer and ensure enforcement of this title.
Md. Code, Housing and Community Development § 16-302 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

(a) Montgomery Commission employees are divided into two bargaining units:

(1) the office/professional/technical unit; and

(2) the service/labor/trade unit.

(b) The office/professional/technical unit includes:

(1) office classification titles in which employees are responsible for communications, recording and retrieving information, and paperwork required in an office;

(2) professional classification titles in which employees have special or theoretical knowledge that usually is acquired through college training, other training that provides comparable knowledge, or work experience;

(3) paraprofessional classification titles in which employees perform, in a supportive role, some duties of a professional or technician that usually require less formal training or experience than those duties performed by those with professional or technical status; and

(4) technical classification titles in which employees have both basic scientific or technical knowledge and manual skill that are usually acquired through specialized postsecondary school education or through equivalent on-the-job training.

(c) The service/labor/trade unit includes:

(1) classification titles in which employees:

(i) perform service and maintenance;

(ii) may operate specialized machinery or heavy equipment; and

(iii) have duties that contribute to the comfort and convenience of the public or to the upkeep and care of Montgomery Commission buildings, facilities, or grounds; and

(2) classification titles in which employees must have a special manual skill and thorough knowledge of processes that are acquired through on-the-job training, experience, apprenticeship, or formal training programs.
Md. Code, Alcoholic Beverages and Cannabis § 16-503 — MD Code / Article gab / Title 16 / Subtitle 5 / Section 16-503
§16–503.
Status: in_force

(a) A holder of a wholesaler’s license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day.

(b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.
Md. Code, Criminal Procedure § 16-102 — MD Code / Article gcp / Title 16 / Subtitle 1 / Section 16-102
§16–102.
Status: in_force

Except as otherwise provided in § 16–206 of this title, this title applies only to representation in or with respect to the courts of the State.
Md. Code, Business Occupations and Professions § 16-703.2 — MD Code / Article gbo / Title 16 / Subtitle 7 / Section 16-703.2
§16–703.
Status: in_force

§16–703.2.

(a) This section applies only in Baltimore City.

(b) A licensed home inspector conducting an inspection of a rental dwelling under Article 13, § 5–7 of the Baltimore City Code may not make a certification as a part of that inspection relating to:

(1) the presence or identification of pests, unless the home inspector is certified as a pest control consultant, pest control applicator, or public agency applicator under § 5–207 of the Agriculture Article; or

(2) the dwelling’s electrical system, unless the home inspector has completed a minimum of 8 hours of training in electrical systems certified by the Baltimore City Housing Commissioner.

(c) The electrical training required under subsection (b)(2) of this section shall be in addition to the training required under Subtitle 3A of this title.
Md. Code, Business Regulation § 16-211 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-211
§16–211.
Status: in_force

(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Executive Director takes any final action under § 16–210 of this subtitle, the Executive Director shall give the person against whom the action is contemplated an opportunity for a hearing before the Executive Director.

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

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

(d) The person against whom the action is contemplated may be represented at the hearing by counsel.

(e) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Executive Director may hear and determine the matter.
Md. Code, Education § 16-309 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-309
§16–309.
Status: in_force

(a) The Commission shall certify to the treasurer of each county:

(1) On or before September 30 and March 31 of each year, one half of the amount it estimates to be the county’s share under § 16-305 of this subtitle; and

(2) After the annual audit of each community college, any discrepancy between the payments made and the actual amount of the county’s share under § 16-305 of this subtitle for the preceding fiscal year, which shall be compensated for during the fiscal year.

(b) (1) Except as provided in paragraph (2) of this subsection, within 5 days after it receives a certification from the Commission, the county shall pay the amount due to the board of trustees of the community college.

(2) The board of trustees of a community college and the governing body of a county may agree in writing to a payment schedule for the county’s share under § 16-305 of this subtitle. If, prior to the 5th day after receiving notification from the Commission, there is a payment schedule agreed to in accordance with this paragraph, the county shall make payments in accordance with that schedule. If a county fails to make a payment in accordance with the schedule, all amounts certified by the Commission but not yet paid by a county shall become due and payable immediately.
Md. Code, Housing and Community Development § 16-316 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-316
§16–316.
Status: in_force

(a) Employees of the Montgomery Commission retain the right to:

(1) form, join, or assist an employee organization;

(2) bargain collectively through a representative that the employees have chosen;

(3) engage in other lawful concerted activities for the purpose of collective bargaining; or

(4) refrain from an activity covered under this subsection.

(b) When an employee has a grievance under a collective bargaining agreement, the employee may present the grievance to the Montgomery Commission but may do so only through the employee organization certified as the exclusive representative for the bargaining unit.
Md. Code, Education § 16-306 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-306
§16–306.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, a public junior or community college shall reimburse the State annually for the employer contributions made by the State for an employee who:

(i) Is a member of the Teachers’ Retirement System or the Teachers’ Pension System under Division II of the State Personnel and Pensions Article; and

(ii) Is receiving a salary funded by a source other than State or local aid.

(2) To the extent that an employee’s salary is funded in part by sources other than State or local aid, the public junior or community college shall reimburse the State a pro rata share of the State’s payment based on the percentage of the employee’s salary funded by a source other than State or local aid.

(b) (1) To ensure that the public junior or community college is properly reimbursing the State as provided under subsection (a) of this section, the Commission or, at the Commission’s request, a public junior or community college may at any time examine the records of public junior or community colleges to determine whether the State’s payments for retirement contributions for employees of the public junior or community colleges are in accordance with the provisions of Division II of the State Personnel and Pensions Article.

(2) An audit conducted under paragraph (1) of this subsection may be:

(i) Included with an existing annual financial audit as a supplemental part and tested independently;

(ii) Conducted in conjunction with a supplemental federally mandated single audit of federal financial assistance programs and tested independently; or

(iii) Conducted as a separate independent audit.

(c) (1) (i) If an examination of the records of a public junior or community college shows that the State has paid more than is required under Division II of the State Personnel and Pensions Article, within 30 days after the date of the notice to the junior or community college of the State overpayment, the junior or community college may appeal the notice of State overpayment to the Secretary of Budget and Management who shall appoint a hearing examiner.

(ii) The hearing examiner shall make recommendations to the Secretary of Budget and Management who shall make a final determination regarding the amount, if any, of the State overpayment.

(2) If a public junior or community college does not appeal to the Secretary of Budget and Management or if the Secretary of Budget and Management determines that the State is due reimbursement for excess payments, as provided in paragraph (1) of this subsection, at the request of the Commission the money owed shall be deducted from any other State funds that would otherwise be paid to the public junior or community college.

(3) For purposes of the Administrative Procedure Act, an appeal taken under this section is not a contested case.

(d) (1) Any reimbursements under subsection (a) of this section:

(i) Shall be applied first to the cost of any audit or portion of any audit relating to subsection (a) of this section to reimburse either the Commission or the public junior or community college for the expenses of the audits; and

(ii) After reimbursement to the Commission or the public junior or community college under item (i) of this paragraph, shall be credited to the General Fund.

(2) If an audit under this section is performed by a public junior or community college, before the public junior or community college is reimbursed under paragraph (1)(i) of this subsection, the public junior or community college shall provide documentation to the Commission that the incremental costs of the audit incurred by the public junior or community college are reasonable.
Md. Code, Transportation § 16-507 — MD Code / Article gtr / Title 16 / Subtitle 5 / Section 16-507
§16–507.
Status: in_force

This subtitle may be cited as the Maryland Driver Education Program Act.
Md. Code, Alcoholic Beverages and Cannabis § 16-2703 — MD Code / Article gab / Title 16 / Subtitle 27 / Section 16-2703
§16–2703.
Status: in_force

(a) An individual may possess an alcoholic beverage in an open container on private property described under § 6–322(a)(1) of this article only if the individual possesses and presents the written consent of the owner of the property.

(b) In addition to the prohibitions listed in § 6–321 of this article, an individual may not possess in an open container an alcoholic beverage while on a motorcycle located in the places listed in § 6–321 of this article, unless the individual possesses and presents the written consent of the owner of the property.
Md. Code, Election Law § 16-902 — MD Code / Article gel / Title 16 / Subtitle 9 / Section 16-902
§16–902.
Status: in_force

(a) A person may not make a bet or wager on the outcome of an election held under this article.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $50 nor more than $500 to be paid to the State.

(c) Any deposit of money as a bet or a wager on the outcome of an election shall be forfeited and paid to the governing body of the county where the money is deposited.
Md. Code, Health - General § 16-102 — MD Code / Article ghg / Title 16 / Subtitle 1 / Section 16-102
§16–102.
Status: in_force

(a) It is the policy of this State to obligate each recipient of services and, to the extent provided in this title, those legally responsible for the recipient to pay, if financially able, for the cost of care that is received by the recipient of services. Unless otherwise provided by statute, the recipient of services and the chargeable person shall be responsible for payment regardless of whether the recipient of services was admitted voluntarily, involuntarily, or by court order. If the recipient of services is involuntarily admitted to a public facility and released after evaluation, for failure to meet the standards for involuntary commitment, the recipient of services or chargeable person shall not be responsible for the cost of care.

(b) The total cost of care of each recipient of services is, in the first instance, the responsibility of the recipient of services and, as provided in this title, the chargeable person. Any uncollectible costs for services provided to the recipient shall become the responsibility of this State.
Md. Code, Education § 16-312 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-312
§16–312.
Status: in_force

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

(2) “Bonus points” means established bonus or percentage points used during the bid evaluation process to adjust the bid price submitted by minority business enterprises for the purpose of ascertaining the lowest bidder.

(3) “Mandatory set-asides” means a procedure designating a certain percentage of total contract dollars for award to minority business enterprises.

(4) “Mandatory subcontracting” means a procedure mandating that a certain percentage of the dollar amount of designated contracts be subcontracted to minority business enterprises.

(5) “Minority business enterprise” means any business enterprise:

(i) 1. That is at least 51 percent owned by 1 or more minority individuals; or

2. In the case of any publicly owned corporation, at least 51 percent of the stock of which is owned by 1 or more minority individuals; and

(ii) Whose management and daily business operations are controlled by 1 or more minority individuals.

(6) “Percentage points” means established percentage points given for minority business enterprise participation in a sealed proposal process.

(7) “Restrictive bidding” means competitive bidding of designated contracts that are restricted to minority business enterprises.

(8) “Restrictive price quotations” means negotiated small procurements that are restricted to minority business enterprises.

(b) The Board of Trustees of the Prince George’s Community College shall undertake and complete an internal and market fact-finding process by January 1, 1990, to assess the appropriate scope of a minority business enterprise program for the Board. The results of the fact-finding process, including statistical data, supporting documentation, and reports, shall be reported to the Prince George’s County Delegation of the General Assembly by January 31, 1990.

(c) If the fact-finding required by subsection (b) of this section demonstrates a compelling governmental interest to adopt a remedial minority business enterprise program, the Board of Trustees, by resolution and by implementing rules and regulations, shall establish a minority business enterprise program to facilitate the participation of certified minority business enterprises in contracts awarded by the Board. The program shall include specific goals and the definition of “minority individual”.

(d) In establishing a minority business enterprise program, the Board of Trustees is authorized to use incentives to achieve the designated goals of the program, including but not limited to:

(1) Mandatory set-aside procedures;

(2) Mandatory subcontracting procedures with reasonable waiver provisions;

(3) The application of bonus points;

(4) The application of percentage points;

(5) Restrictive bidding;

(6) Restrictive price quotations;

(7) The reduction or waiver of bonding requirements; and

(8) Incentives to encourage maximum participation by:

(i) Small businesses;

(ii) A variety of different businesses; and

(iii) Businesses located within Prince George’s County.

(e) (1) The Board of Trustees may appoint a minority business enterprise officer to administer any minority business enterprise program established, who shall submit reports to the Board of Trustees.

(2) It is the responsibility of the minority business enterprise officer to conduct outreach programs to assist the minority business enterprise community in participating in any minority business enterprise program established under this section.

(f) The Board of Trustees shall advise the Prince George’s County Delegation of the General Assembly regarding the substance of any minority business enterprise program that it establishes.

(g) (1) The program shall be evaluated every 2 years.

(2) The results of any evaluation under this subsection shall be submitted to the Prince George’s County Delegation of the General Assembly.
Md. Code, Business Occupations and Professions § 16-5A-01 — MD Code / Article gbo / Title 16 / Subtitle 5A / Section 16-5A-01
§16–5A–01.
Status: in_force

(a) To qualify for a real estate appraiser trainee license, an applicant shall meet the requirements set by the Commission.

(b) An applicant for a real estate appraiser trainee license shall:

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

(2) be of good character and reputation;

(3) be at least 18 years old;

(4) provide evidence, as required by the Commission, that the applicant has successfully completed 75 tested hours of Commission–approved real estate appraisal courses of which 15 hours shall be classroom hours in the subject of the uniform standards of professional appraisal practice; and

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

(c) (1) If an applicant is not a resident of the State, the applicant shall submit to the Commission an irrevocable consent as provided under this subsection.

(2) The consent required under this subsection shall specify that service of process on the Secretary shall bind the applicant in any action about the provision of real estate appraisal services brought against the applicant in any county of the State.
Md. Code, Transportation § 16-208 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-208
§16–208.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, §§ 16–205(d–1) and 16–206(a)(4), (b), and (c) of this subtitle, § 16–404(c)(2) and (3) of this title, and § 3–8A–23 of the Courts and Judicial Proceedings Article, the Administration may not suspend a license or privilege to drive for a period of more than 1 year.

(2) After notice and hearing, the Administration may suspend for an indefinite period the license or privilege of any individual who cannot drive safely because of his physical or mental condition.

(3) This subsection does not apply to or affect the suspension of any license:

(i) For failure to comply with the required security provisions of Title 17 of this article;

(ii) For failure to appear at a hearing as provided in Title 12, Subtitle 2 of this article;

(iii) For failure to obey a citation, as provided in Title 26 of this article;

(iv) For failure to pay a fine in accordance with the court’s directive as provided in Title 27 of this article; or

(v) For failure to pay child support, as provided in § 16–203 of this subtitle.

(b) (1) Any individual whose license or privilege to drive has been revoked may apply for reinstatement of the individual’s license or privilege as provided in this subsection.

(2) (i) If it is the individual’s first revocation, the individual may file a reinstatement application at any time after the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after the effective date of the revocation.

(ii) Except as provided in paragraph (7) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege 6 months after the revoked license is received by the Administration or, in the case of an individual who does not have a license issued under this title, 6 months after the effective date of revocation.

(3) (i) If it is the individual’s second revocation, the individual may file a reinstatement application at any time after 1 year from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 1 year from the effective date of revocation.

(ii) Except as provided in paragraph (7) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege.

(4) (i) If it is the individual’s third revocation, the individual may file a reinstatement application at any time after 18 months from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 18 months from the effective date of revocation.

(ii) Except as provided in paragraph (7) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege.

(5) (i) If it is the individual’s fourth or subsequent revocation, the individual may file a reinstatement application at any time after 2 years from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 2 years from the effective date of revocation.

(ii) Except as provided in paragraph (7) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege.

(6) (i) Except as provided in subparagraph (ii) of this paragraph, if the individual’s license is revoked under § 16–205(b) of this subtitle, the individual may file a reinstatement application at any time after 5 years from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 5 years from the effective date of revocation.

(ii) The individual may file a reinstatement application at any time after 2 years from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 2 years from the effective date of revocation if the Administration finds that:

1. Not allowing the individual to file a reinstatement application will cause undue hardship; or

2. Extenuating circumstances exist justifying the filing of a reinstatement application.

(iii) Except as provided in paragraph (7) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege.

(7) (i) The Administration may not reinstate a license or privilege to drive under this subsection if the license or privilege has been refused, revoked, suspended, or canceled under any other provision of the Maryland Vehicle Law.

(ii) 1. In this subparagraph, “alcohol–related or drug–related driving incident” means a:

A. Conviction or probation before judgment for a violation of § 21–902(a), (b), (c), or (d) of this article or a substantially similar law of another jurisdiction;

B. Refusal to submit to a test under § 16–205.1 of this subtitle or a substantially similar law of another jurisdiction; or

C. Test result that indicates an alcohol concentration of 0.10 or more at the time of testing under § 16–205.1 of this subtitle or a substantially similar law of another jurisdiction.

2. Alcohol–related or drug–related driving incidents committed at the same time or arising out of the same circumstances may not be considered separate alcohol–related or drug–related driving incidents for the purpose of this subparagraph.

3. Notwithstanding paragraphs (1) through (6) of this subsection, the Administration may reinstate a license or privilege to drive only if, after an investigation of an individual’s habits and driving ability, the Administration is satisfied it will be safe to reinstate the license or privilege of an individual who has been:

A. Involved in any combination of three or more separate alcohol–related or drug–related driving incidents;

B. Involved in a vehicular accident resulting in the death of another person; or

C. Convicted of a violation for failing to stop after a vehicular accident resulting in bodily injury or death.

(8) Except as otherwise provided in this title, before issuing a new license, the Administration shall require the applicant to submit to the examinations that it considers appropriate.
Md. Code, Insurance § 16-503 — MD Code / Article gin / Title 16 / Subtitle 5 / Section 16-503
§16–503.
Status: in_force

(a) An annuity contract may not be delivered or issued for delivery in the State on or after the operative date of this subtitle unless the annuity contract contains:

(1) each applicable provision of subsections (b) through (g) of this section; or

(2) corresponding provisions that the Commissioner believes are at least as favorable to the contract holder after payment of considerations under the annuity contract stops.

(b) Each annuity contract shall contain a provision that when payment of considerations under the annuity contract stops or on the written request of the contract owner, the insurer will grant a paid-up annuity benefit on a plan stipulated in the annuity contract in compliance with §§ 16-505 through 16-509 of this subtitle.

(c) (1) Each annuity contract shall contain a provision that if the annuity contract provides for a lump-sum settlement at maturity or at any other time, on surrender of the annuity contract on or before the start of annuity payments, the insurer will pay a cash surrender benefit in accordance with §§ 16-505, 16-506, 16-508, and 16-509 of this subtitle instead of a paid-up annuity benefit.

(2) (i) The annuity contract may state that the insurer shall reserve the right to defer the payment of the cash surrender value for up to 6 months after demand for payment with surrender of the annuity contract.

(ii) 1. Before making a deferment under subparagraph (i) of this paragraph, the insurer shall make a written request to the Commissioner to make the deferment under subparagraph (i) of this paragraph.

2. The request under subsubparagraph 1 of this subparagraph shall address the necessity of the deferral and the equitability to all policyholders of the deferral.

(iii) After receiving written approval from the Commissioner on the request made under subparagraph (ii)1 of this paragraph, the insurer may defer the payment of the cash surrender value.

(d) Each annuity contract shall contain a statement of any mortality table and interest rates used to calculate any minimum paid-up annuity, cash surrender, or death benefits, guaranteed by the annuity contract and shall provide sufficient information to determine the benefit amounts.

(e) (1) Each annuity contract shall contain a statement that any paid-up annuity, cash surrender, or death benefits available under the annuity contract are not less than the minimum benefits required under this article.

(2) Each annuity contract shall contain an explanation of how benefits are altered due to any additional amount that the insurer credits to the annuity contract, any indebtedness to the insurer on the annuity contract, and any prior withdrawal from or partial surrender of the annuity contract.

(f) If an annuity contract does not provide cash surrender benefits or does not provide death benefits that equal at least the minimum nonforfeiture amount before the start of annuity payments, the annuity contract shall contain a provision that so states in a prominent place in the annuity contract.

(g) (1) Notwithstanding the requirements of this section, a deferred annuity contract may contain a provision that the insurer may terminate the contract by making a single payment calculated under paragraph (2) of this subsection if:

(i) no considerations have been received under the contract for 2 years; and

(ii) the part of the paid-up annuity benefit at maturity under the contract that is available from the considerations paid before termination would be less than $20 per month.

(2) The payment shall equal the present value of the part of the paid-up annuity benefit available under the contract, calculated as of the date of termination, based on any mortality table and interest rate specified in the contract for determining the paid-up annuity benefit.

(3) A payment by an insurer under this section shall relieve the insurer of any further obligation under the deferred annuity contract.
Md. Code, Transportation § 16-303.1 — MD Code / Article gtr / Title 16 / Subtitle 3 / Section 16-303.1
§16–303.
Status: reserved

§16–303.1.

(a) In this section, “police department” has the meaning stated in § 25–201 of this article.

(b) (1) For the purpose of impounding or immobilizing a vehicle under this section, the police department may use its own personnel, equipment, and facilities or, subject to the provisions of paragraph (2) of this subsection and except as provided in § 25–115 of this article, use other persons, equipment, and facilities for immobilizing vehicles or removing, preserving, and storing impounded vehicles.

(2) A police department may not authorize the use of a tow truck under paragraph (1) of this subsection unless the tow truck is registered under § 13–920 of this article.

(c) (1) As a sentence, a part of a sentence, or a condition of probation, a court may order, for not more than 180 days, the impoundment or immobilization of a solely owned vehicle used in the commission of a violation of § 16–303(c) or (d) of this subtitle if, at the time of the violation:

(i) The owner of the vehicle was driving the vehicle; and

(ii) The owner’s license was suspended or revoked under § 16–205 of this title.

(2) Among the factors that a court may consider before ordering an impoundment or immobilization of a vehicle is whether the vehicle is the primary means of transportation available for the use of the individual’s immediate family.

(3) (i) Subject to subparagraph (ii) of this paragraph, a court may not order impoundment or immobilization of a vehicle under this section if the registered owner of the vehicle made a bona fide sale, gift, or other transfer of the vehicle to another person before the date of the finding of a violation of § 16–303(c) or (d) of this subtitle.

(ii) The registered owner of the vehicle has the burden of proving that a bona fide sale, gift, or other transfer of the vehicle has occurred.

(d) (1) The registered owner of a vehicle impounded or immobilized under this section is responsible for all actual costs incurred as a result of the immobilization of the vehicle or the towing, preserving, and storing of the impounded vehicle.

(2) The court may require the registered owner of a vehicle impounded or immobilized under this section to post a bond or other adequate security equal to the actual costs of immobilizing the vehicle or towing, preserving, and storing the vehicle and providing the notices required under subsection (f) of this section.

(3) Subject to this section, a police department that impounds a vehicle by taking the vehicle into custody or immobilizes a vehicle under this section promptly shall return possession or use of the vehicle to the registered owner of the vehicle on payment of all actual costs of immobilizing the vehicle or towing, preserving, and storing the impounded vehicle and providing the notices required under subsection (f) of this section.

(e) If a court orders the impoundment or immobilization of a vehicle under this section, the court shall provide for the execution of the impoundment or immobilization by a police department.

(f) (1) If a court orders the impoundment or immobilization of a vehicle under this section, the police department that executes the immobilization or the impoundment by taking the vehicle into custody, shall, as soon as reasonably possible and within 7 days after the police department executes the court order, send a notice by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:

(i) Each registered owner of the vehicle as shown in the records of the Administration; and

(ii) Each secured party, as shown in the records of the Administration.

(2) The notice shall:

(i) State that the vehicle has been immobilized or impounded by being taken into custody;

(ii) Describe the year, make, model, and vehicle identification number of the vehicle;

(iii) Provide the location where the vehicle is immobilized or the location of the facility where the vehicle is impounded;

(iv) Include the amount of the actual costs of immobilization or towing, preservation, and storage of an impounded vehicle;

(v) Include the amount of the actual costs of the notices required under this subsection; and

(vi) Provide that, if an impounded vehicle is not reclaimed within 10 days after the date specified in a court order under this section, the impounded vehicle will be considered an abandoned vehicle and subject to Title 25, Subtitle 2 of this article.

(3) If an impounded vehicle is not reclaimed within 10 days after the date specified in a court order under this section, the vehicle shall be considered an abandoned vehicle subject to Title 25, Subtitle 2 of this article.

(g) (1) This section may not be construed to prohibit a lienholder from exercising its rights under applicable law, including the right to sell a vehicle that has been impounded or immobilized under this section, in the event of a default in the obligation giving rise to the lien.

(2) (i) A lienholder that exercises the right to sell a vehicle that has been impounded or immobilized under this section shall notify, in writing, the police department with custody of the vehicle of the lienholder’s intention to sell the vehicle.

(ii) The notice shall be accompanied by a copy of each document giving rise to the lien and shall include an affidavit under oath by the lienholder that the underlying obligation is in default and the reasons for the default.

(iii) On request of the lienholder and on payment of all costs required under this section, the vehicle shall be released to the lienholder.

(3) Except as provided in paragraph (4) of this subsection, the rights and duties provided by law to the lienholder for the sale of collateral securing an obligation in default shall govern the repossession and sale of the vehicle.

(4) (i) The lienholder may not be required to take possession of the vehicle before a sale of the vehicle.

(ii) The proceeds of any sale shall be applied first to the actual costs of immobilization or towing, preservation, and storage of an impounded vehicle and the actual costs of the notices required under subsection (f) of this section, then as provided by law for distribution of proceeds of a sale by the lienholder.

(5) (i) If the interest of the owner in the vehicle is redeemed, the lienholder shall, within 10 days after the redemption, mail a notice of the redemption to the police department that impounded or immobilized the vehicle.

(ii) If the vehicle has been repossessed or otherwise lawfully taken by the lienholder and the time specified by a court order under this section has not expired, the lienholder shall return the vehicle within 21 days after the redemption to the police department that impounded or immobilized the vehicle.

(h) This section does not affect the requirements of Title 25, Subtitle 2 of this article regarding abandoned vehicles.
Md. Code, Business Occupations and Professions § 16-701.1 — MD Code / Article gbo / Title 16 / Subtitle 7 / Section 16-701.1
§16–701.
Status: in_force

§16–701.1.

(a) Subject to the hearing provisions of § 16–602 of this title, the Commission may deny a home inspector license to any applicant, reprimand any home inspector licensee, or suspend or revoke a home inspector license if the applicant or licensee:

(1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(2) fraudulently or deceptively uses a license;

(3) engages in conduct that demonstrates bad faith, incompetency, negligence or untrustworthiness, or that constitutes dishonest, fraudulent, or improper dealings;

(4) under the laws of the United States or of any state, is convicted of:

(i) a felony; or

(ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide home inspection services;

(5) fails to maintain the insurance required under § 16–4A–04 of this title;

(6) violates any provision of this title;

(7) violates any regulation adopted under this title; or

(8) aids, abets, or assists any person in violating any provision of this title or any regulation adopted under this title.

(b) (1) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Commission may impose a penalty not exceeding $5,000 for each violation.

(2) To determine the amount of the penalty imposed, the Commission shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the licensee; and

(iv) any history of previous violations by the licensee.

(3) The Commission shall pay any penalty collected under this subsection into the General Fund of the State.

(c) The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or a misdemeanor described in subsection (a)(4) of this section:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the license;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide home inspection services;

(4) the length of time since the conviction; and

(5) the behavior and activities of the applicant or licensee before and after the conviction.
Md. Code, Local Government § 16-303 — MD Code / Article glg / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) Each county, municipality, and special taxing district shall maintain the uniform system of financial reporting established by the Department of Legislative Services.

(b) If a county, municipality, or special taxing district does not comply with subsection (a) of this section, the Comptroller, after notice from the Executive Director of the Department of Legislative Services of the noncompliance, may order the discontinuance of all money, grants, or State aid that the county, municipality, or special taxing district is entitled to receive under State law, including money from:

(1) the income tax;

(2) the tax on racing;

(3) the recordation tax;

(4) the admissions and amusement tax; and

(5) the license tax.
Md. Code, Alcoholic Beverages and Cannabis § 16-2001 — MD Code / Article gab / Title 16 / Subtitle 20 / Section 16-2001
§16–2001.
Status: in_force

(a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title.

(2) An owner, operator, or manager of a premises licensed under this title may not knowingly allow consumption prohibited under paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Land Use § 16-202 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) The Commission shall recognize the right of an employee organization, certified under this subtitle as the exclusive representative of a bargaining unit, to represent the employees in the bargaining unit in collective bargaining and in the settlement of grievances.

(b) An employee organization certified as the exclusive representative of a bargaining unit shall:

(1) serve as the sole bargaining agent for the unit in collective bargaining; and

(2) except as provided in subsection (d) of this section, represent all employees in the bargaining unit fairly and without discrimination.

(c) An employee organization meets the requirements of subsection (b)(2) of this section if the employee organization’s actions with respect to employees in the bargaining unit are not arbitrary, discriminatory, or in bad faith.

(d) (1) The exclusive representative may require an employee who does not pay membership dues or equivalent fees to pay:

(i) the reasonable costs and fees, including expenses for staff time and materials, arbitrator fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement negotiated under this subtitle brought by the exclusive representative at the request of the employee; and

(ii) any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.

(2) Failure by the employee to pay the costs and fees required under paragraph (1) of this subsection shall relieve the exclusive representative of any further responsibility to the employee.

(3) A dispute concerning the reasonableness of the costs and fees imposed under paragraph (1) of this subsection shall be submitted to the labor relations administrator in accordance with the procedures established under § 16–218 of this subtitle for unfair labor practices.

(e) (1) An exclusive representative’s duty of fair representation owed to a public employee who is in the bargaining unit shall be limited to the negotiation and enforcement of the terms of the collective bargaining agreement with the public employer.

(2) Nothing in this subsection may be construed to limit an employee organization from providing only to the organization’s members legal, economic, or job–related services or benefits outside the collective bargaining agreement.
Md. Code, Transportation § 16-303 — MD Code / Article gtr / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) A person may not drive a motor vehicle on any highway or on any property specified in § 21–101.1 of this article while the person’s license or privilege to drive is refused in this State or any other state.

(b) A person may not drive a motor vehicle on any highway or on any property specified in § 21–101.1 of this article while the person’s license or privilege to drive is canceled in this State.

(c) A person may not drive a motor vehicle on any highway or on any property specified in § 21–101.1 of this article while the person’s license or privilege to drive is suspended in this State.

(d) A person may not drive a motor vehicle on any highway or on any property specified in § 21–101.1 of this article while the person’s license or privilege to drive is revoked in this State.

(e) A person may not drive a motor vehicle on any highway or on any property specified in § 21–101.1 of this article while the person’s license issued by any other state is canceled.

(f) A person may not drive a motor vehicle on any highway or on any property specified in § 21–101.1 of this article while the person’s license issued by any other state is suspended.

(g) A person may not drive a motor vehicle on any highway or on any property specified in § 21–101.1 of this article while the person’s license issued by any other state is revoked.

(h) A person may not drive a motor vehicle on any highway or on any property specified in § 21–101.1 of this article while the person’s license or privilege to drive is suspended under § 16–203, § 16–206(a)(2) for failure to attend a driver improvement program, § 17–106, § 26–204, § 26–206, or § 27–103 of this article.

(i) (1) This subsection applies only to a person whose license or privilege to drive is suspended under the traffic laws or regulations of another state for:

(i) Failure to comply with a notice to appear in a court of that state contained in a traffic citation issued to the person; or

(ii) Failure to pay a fine for a violation of any traffic laws or regulations of that state.

(2) A person may not drive a motor vehicle on any highway or on any property specified in § 21–101.1 of this article while the person’s license or privilege to drive is suspended under the traffic laws or regulations of any other state as described in paragraph (1) of this subsection.

(j) (1) Except as provided in paragraph (2) of this subsection, any individual who violates a provision of this section shall be assessed the points as provided for in § 16–402(a)(35) of this title.

(2) Any individual who violates a provision of subsection (h) or (i) of this section shall be assessed the points as provided for in § 16–402(a)(14) of this title.

(k) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of this section is subject to:

(i) For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and

(ii) For a second or subsequent offense committed within 3 years of the prior conviction, imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.

(2) (i) A person charged with a violation of subsection (h) or (i) of this section:

1. Must appear in court; and

2. May not prepay the fine.

(ii) A person convicted of a violation of subsection (h) or (i) of this section is subject to a fine not exceeding $500.
Md. Code, Business Occupations and Professions § 16-207 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-207
§16–207.
Status: in_force

(a) The Commission, in accordance with the State budget, may employ:

(1) a general staff; and

(2) an investigative staff to conduct investigations.

(b) While employed by the Commission, an individual may not:

(1) be licensed in any state as a real estate appraiser or home inspector;

(2) engage in any act for which a license is required under this title; or

(3) in connection with any real estate appraisal transaction or home inspection engagement, directly or indirectly receive or become entitled to receive any compensation, fee, or perquisite.
Md. Code, Criminal Procedure § 16-211 — MD Code / Article gcp / Title 16 / Subtitle 2 / Section 16-211
§16–211.
Status: in_force

(a) (1) If it appears that an indigent individual has or reasonably expects to have means to meet some of the expenses for services rendered, the indigent individual shall reimburse the Office:

(i) by a single payment or in installments; and

(ii) in the amount that the indigent individual can reasonably be expected to pay.

(2) A default or failure by an indigent individual to make a payment may not affect the rendering of services to the indigent individual.

(b) The Central Collection Unit of the Department of Budget and Management, on behalf of the Public Defender and in the name of the State, shall do all things necessary to collect all reimbursement money due to the State for services rendered in accordance with this title.

(c) (1) A court exercising criminal jurisdiction shall order a defendant to reimburse the State for services rendered to the defendant by the Public Defender as a term or condition of a sentence, judgment, or probation imposed by the court, unless the court:

(i) affirmatively finds that the defendant cannot make the reimbursement; and

(ii) waives the term or condition.

(2) The court shall establish the amount, time, and method of payment.

(3) In all other cases of reimbursement for services rendered, collection shall be made in accordance with subsection (b) of this section.

(d) (1) A court exercising other than criminal jurisdiction shall order an indigent individual represented by the Public Defender to reimburse the State for the reasonable value of services rendered to the indigent individual in an amount that the indigent individual may reasonably be able to pay.

(2) If the indigent individual is a minor, the court shall order the parents, guardian, or custodian of the minor to reimburse the State for the reasonable value of services rendered in an amount that the parents, guardian, or custodian may reasonably be able to pay.

(3) The court shall establish the amount, time, and method of payment.

(e) Before ordering reimbursement under subsection (d) of this section, a court shall grant an opportunity to be heard to the indigent individual or the parents, guardian, or custodian of a minor.
Md. Code, State Finance and Procurement § 16-101 — MD Code / Article gsf / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

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

(b) “Business” means an individual or a corporation, partnership, sole proprietorship, joint venture, or other legal entity through which commercial activity is conducted.

(c) “Contract” means any agreement in any form.

(d) “Controlling stockholder” means a stockholder who:

(1) owns more than 25% of the voting stock of a corporation; or

(2) notwithstanding the number of shares that the stockholder owns, has the power to direct or control the direction of the management or policies of a corporation.

(e) “Convicted” includes an accepted plea of nolo contendere.

(f) “Public body” means:

(1) the State;

(2) a unit; or

(3) a local governmental entity in the State, including a bicounty or multicounty governmental entity.
Md. Code, Insurance § 16-209 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-209
§16–209.
Status: in_force

If a policy of life insurance provides that the proceeds may be paid in installments or as an annuity, the policy shall contain a provision that so states and shall include a table that shows the amount and period of the installment or annuity if determinable when the policy is issued.
Md. Code, Insurance § 16-106 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-106
§16–106.
Status: in_force

(a) On request of a policyholder, a life insurer may exchange, alter, or convert a policy of life insurance or endowment insurance or an annuity contract issued by the life insurer or any other benefits additional to the policy or annuity contract, for or into a policy that:

(1) conforms with the laws in force on the date of the original policy or annuity contract, if the rewritten policy is, by its terms, made effective as of that date; or

(2) conforms with the laws in force on a subsequent date as of which the rewritten policy is, by its terms, made effective.

(b) (1) This subsection applies only if the rewritten policy is made effective as of a date earlier than the date on which the exchange, alteration, or conversion occurs.

(2) The amount of insurance under a rewritten policy subject to this subsection may not exceed the greater of:

(i) the amount of insurance under the original policy or annuity contract; and

(ii) the amount of insurance that the premium paid for the original policy or annuity contract would have purchased if the rewritten policy had been applied for originally.

(3) If evidence of insurability is required in conjunction with an exchange, alteration, or conversion to a policy on a plan that requires a lower premium rate, or to a policy to which benefits or features are added that differ from the original policy, the rewritten policy may provide that the date on which the exchange, alteration, or conversion occurs shall be used to determine:

(i) the applicability of an incontestability clause in the rewritten policy to the right of the insurer to contest the exchange, alteration, or conversion; or

(ii) the applicability of a clause in the rewritten policy that limits liability in the event of the suicide of the insured.
Md. Code, Education § 16-108 — MD Code / Article ged / Title 16 / Subtitle 1 / Section 16-108
§16–108.
Status: in_force

(a) (1) A board of trustees may submit to the Commission a request for proposals for the offering of a baccalaureate degree program not currently offered in the region.

(2) The Commission shall distribute the request for proposals to public senior higher education institutions and private nonprofit institutions of higher education.

(b) Before submitting a request for proposals under subsection (a) of this section, the board of trustees shall:

(1) Seek input from students, workforce development councils, and other civic, educational, community, and business groups when assessing the educational needs of the region;

(2) Determine the regional or statewide need for graduates of each program for which a request for proposals is submitted;

(3) Identify the enrollment patterns, special characteristics of students, and other unique circumstances that would require a program to be offered in a particular manner; and

(4) Determine that the degree program is necessary to meet the academic and economic development needs of the region or State.

(c) (1) The board of trustees may submit the request for proposals to out–of–state senior higher education institutions and for–profit institutions of higher education if none of the senior higher education institutions in the State submit an acceptable response to the request for proposals submitted under subsection (a) of this section.

(2) Notwithstanding § 11–206(b)(2)(ii) of this article, before offering a degree program that is the subject of the request for proposals, an out–of–state senior higher education institution or for–profit institution of higher education shall seek the approval of the Commission under Title 11, Subtitle 2 of this article.

(d) The Commission shall adopt regulations to implement the requirements of this section.
Md. Code, Land Use § 16-107 — MD Code / Article glu / Title 16 / Subtitle 1 / Section 16-107
§16–107.
Status: in_force

The Commission may make available to the board its records, facilities, and staff and consultants necessary to carry out the duties of the board.
Md. Code, Health - General § 16-205 — MD Code / Article ghg / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

Instead of the requirements of this subtitle, the Department may accept those requirements that are set out in the Maryland Medical Assistance Plan or the federal laws and regulations under Title XIX of the Social Security Act and that govern the investigation of financial condition, standards of eligibility, and legal responsibility of recipients of services, their responsible relatives, legal representatives and estates, or other chargeable persons.
Md. Code, Land Use § 16-312 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-312
§16–312.
Status: in_force

(a) The Commission, its agents, or its representatives may not:

(1) interfere with, intimidate, restrain, coerce, or discriminate against an employee in the exercise of the employee’s rights under this subtitle;

(2) dominate, interfere with, or assist in the formation, administration, or existence of an employee organization or contribute financial or other support to an employee organization;

(3) encourage or discourage membership in an employee organization by discriminating against the employee through hiring, tenure, promotion or demotion, or any term or condition of employment;

(4) discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this subtitle;

(5) refuse to engage in collective bargaining in good faith with the exclusive representative of the bargaining unit as required by § 16–307(d)(2) of this subtitle; or

(6) fail to comply with any provision of this subtitle.

(b) Subsection (a)(2) of this section does not prohibit the Commission from allowing employees to negotiate or confer with an employee organization during work hours without loss of pay or time.
Md. Code, Election Law § 16-804 — MD Code / Article gel / Title 16 / Subtitle 8 / Section 16-804
§16–804.
Status: in_force

(a) When an electronic voting system is used, a person may not willfully and knowingly:

(1) access the system unless authorized to do so by the appropriate election authority; or

(2) tamper with or alter the hardware, system components, or software utilized by the voting system, for the purpose of affecting the vote count.

(b) A person who violates this section is guilty of a felony and on conviction shall be subject to a fine of not more than $50,000 or imprisonment for not more than 10 years or both.
Md. Code, Criminal Procedure § 16-303 — MD Code / Article gcp / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: reserved

(a) There are four regional advisory boards of the Office.

(b) Each regional advisory board consists of five members appointed by the Governor.

(c) Of the four regional advisory boards:

(1) the first shall advise public defender districts one, eight, and nine, which encompass Baltimore City, Baltimore County, and Harford County;

(2) the second shall advise public defender districts two and three, which encompass Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County;

(3) the third shall advise public defender districts four, five, and seven, which encompass Anne Arundel County, Calvert County, Charles County, Prince George’s County, and St. Mary’s County; and

(4) the fourth shall advise public defender districts six, ten, eleven, and twelve, which encompass Allegany County, Carroll County, Frederick County, Garrett County, Howard County, Montgomery County, and Washington County.

(d) Each member of a regional advisory board shall be:

(1) a resident of a district represented by that regional advisory board; and

(2) (i) a judge of a circuit court;

(ii) a judge of the District Court; or

(iii) an active attorney admitted to practice before the Supreme Court of Maryland.

(e) (1) The term of a member of a regional advisory board is 3 years.

(2) A vacancy occurring on a regional advisory board during the term of a member shall be filled by the Governor for the remainder of the unexpired term.

(f) (1) The Governor shall annually designate a chair of each regional advisory board from among the members of that regional advisory board.

(2) The chair shall preside over and represent the interests of that regional advisory board in carrying out this title.

(g) Three members of a regional advisory board are a quorum.

(h) (1) Each regional advisory board shall hold at least one regular annual meeting at a time and place that the chair designates.

(2) Additional meetings may be called:

(i) on notice by the chair;

(ii) on notice by the Public Defender;

(iii) on notice by the district public defender from a district represented by that regional advisory board; or

(iv) at the request of at least three members of the regional advisory board.

(i) A member of a regional advisory board:

(1) may not receive compensation for serving on the regional advisory board; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Alcoholic Beverages and Cannabis § 16-103 — MD Code / Article gab / Title 16 / Subtitle 1 / Section 16-103
§16–103.
Status: in_force

A copy of any legislation concerning alcoholic beverages enacted by the County Commissioners under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.
Md. Code, Land Use § 16-406 — MD Code / Article glu / Title 16 / Subtitle 4 / Section 16-406
§16–406.
Status: in_force

The certified representative of an adversely affected employee of the Commission may submit a proposal for existing bargaining unit employees to continue performing the services described in a solicitation while achieving the targeted savings.
Md. Code, Election Law § 16-1001 — MD Code / Article gel / Title 16 / Subtitle 10 / Section 16-1001
§16–1001.
Status: in_force

(a) A person convicted of a misdemeanor under this article for which no penalty is specifically provided is subject to a fine of not less than $10 nor more than $250 or imprisonment for not less than 30 days nor more than 6 months or both.

(b) A person who is convicted of any criminal violation of this article shall be disqualified permanently from serving as an election judge, board member, or employee of a board.

(c) A candidate who is convicted of any practice prohibited by this article shall be ineligible to be elected or appointed to any public office or employment for a period of 5 years following the date of the conviction.
Md. Code, Business Regulation § 16-218 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-218
§16–218.
Status: reserved

(a) Each subwholesaler and each wholesaler:

(1) shall get an invoice for each purchase of cigarettes;

(2) shall keep a record of all cigarettes received, to which the subwholesaler and wholesaler shall post each day:

(i) the invoice number;

(ii) the date of receipt;

(iii) the quantity received;

(iv) the brand; and

(v) the name of the person from whom the cigarettes are received;

(3) for cigarette sales to retailers:

(i) shall keep a record of the name and address of each retailer to whom a sale is made; and

(ii) except for a transfer of cigarettes to retail stock by a written memorandum, shall prepare for each sale an invoice that shows the political subdivision where the retailer is located; and

(4) shall keep a complete and accurate record of each sale of cigarettes to an out–of–state person for resale to out–of–state consumers.

(b) (1) Except as provided in paragraph (2) of this subsection, each subwholesaler and each wholesaler shall make an inventory record each month of all cigarettes on the premises or under the control of the subwholesaler or wholesaler:

(i) at the beginning or end of the month; or

(ii) on another specific day of the month, if the subwholesaler or wholesaler finds it more practical to take inventory on that day and notifies the Executive Director that inventory will be taken on that day.

(2) Cigarettes in a vending machine or cigarettes transferred to retail stock by written memorandum need not be included in the inventory record.

(c) Each subwholesaler and each wholesaler shall:

(1) keep the records required by this section for 6 years or for a shorter time set by the Executive Director; and

(2) allow the Executive Director to examine the records.
Md. Code, Transportation § 16-118.1 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-118.1
§16–118.
Status: in_force

§16–118.1.

(a) (1) The Administration shall develop a form for a voluntary developmental disability self–disclosure card.

(2) A voluntary developmental disability self–disclosure card shall:

(i) Be approximately the same size as a driver’s license;

(ii) Be printed on blue paper;

(iii) Include space for an individual to provide details on a developmental disability; and

(iv) Include written guidance on effective communication between law enforcement officers and people with developmental disabilities.

(3) In developing the form required by this subsection, the Administration shall consult with the Maryland Chiefs of Police Association and at least one independent organization that advocates on behalf of individuals with developmental disabilities.

(b) (1) Beginning January 1, 2021, the Administration shall make a voluntary developmental disability self–disclosure card available to any individual of driving age who requests one.

(2) If an individual who requests a voluntary developmental disability self–disclosure card is a minor, the Administration shall provide the card to the individual’s parent or guardian.

(c) Except as required by § 16–118 of this subtitle, the Administration may not maintain any records relating to the issuance of a voluntary developmental disability self–disclosure card.
Md. Code, Local Government § 16-304 — MD Code / Article glg / Title 16 / Subtitle 3 / Section 16-304
§16–304.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, on or before October 31 after the close of its fiscal year, each county, municipality, and special taxing district shall file with the Department of Legislative Services a financial report for that fiscal year.

(2) (i) A county, municipality, or special taxing district with a population of over 400,000 may file its financial report on or before December 31 after the close of its fiscal year.

(ii) Unless subparagraph (i) of this paragraph applies, Howard County may file its financial report on or before November 30 after the close of its fiscal year.

(iii) Allegany County, Calvert County, Caroline County, Cecil County, Charles County, Frederick County, Garrett County, Queen Anne’s County, St. Mary’s County, Somerset County, Talbot County, and Wicomico County may file the county’s financial report on or before December 31 after the close of the county’s fiscal year.

(b) The financial report required under subsection (a) of this section shall be:

(1) prepared on the form established by the Department of Legislative Services; and

(2) verified by the chief executive officer of the county, municipality, or special taxing district.

(c) If a county, municipality, or special taxing district does not comply with subsection (a) of this section, the Comptroller, on notice from the Executive Director of the Department of Legislative Services, may order the discontinuance of all money, grants, or State aid that the county, municipality, or special taxing district is entitled to receive under State law, including money from:

(1) the income tax;

(2) the tax on racing;

(3) the recordation tax;

(4) the admissions and amusement tax; and

(5) the license tax.