Md. Code, Correctional Services § 11-315 — MD Code / Article gcs / Title 11 / Subtitle 3 / Section 11-315
§11–315.
Status: in_force

(a) (1) A center shall:

(i) have a properly monitored work release program; and

(ii) make arrangements for appropriate counseling, educational, and rehabilitative programs and services.

(2) A center may arrange for counseling, educational, and rehabilitative programs and services by a purchase of service agreement or contract with a person or governmental unit.

(3) To the extent practicable, a center shall utilize appropriate programs and services that exist in the community.

(4) A center may establish, direct, and implement a prerelease program.

(b) The recreational, educational, vocational, and other facilities of a center may be made available for use by the community.
Md. Code, Commercial Law § 11-202 — MD Code / Article gcl / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

(a) (1) The General Assembly of Maryland declares that the purpose of this subtitle is to complement the body of federal law governing restraints of trade, unfair competition, and unfair, deceptive, and fraudulent acts or practices in order to protect the public and foster fair and honest intrastate competition.

(2) It is the intent of the General Assembly that, in construing this subtitle, the courts be guided by the interpretation given by the federal courts to the various federal statutes dealing with the same or similar matters, including:

(i) Act of July 2, 1890, ch. 647, 26 U.S. Stat. 209, 15 U.S.C. §§ 1 through 7;

(ii) Act of Oct. 15, 1914, ch. 323, 38 U.S. Stat. 730, 15 U.S.C. §§ 12 through 27, 44;

(iii) Act of August 17, 1937, ch. 690, Title VIII, 50 U.S. Stat. 693, 15 U.S.C. § 1;

(iv) Act of July 7, 1955, ch. 281, 69 U.S. Stat. 282, 15 U.S.C. §§ 1 through 3;

(v) Act of May 26, 1938, ch. 283, 52 U.S. Stat. 446, 15 U.S.C. § 13c; and

(vi) Any similar act passed in the future.

(3) It is also the intent of the General Assembly that, in deciding whether conduct restrains or monopolizes trade or commerce or may substantially lessen competition within the State, determination of the relevant market or effective area of competition may not be limited by the boundaries of the State.

(b) (1) For the purpose and intent stated in subsection (a) of this section, this subtitle shall be liberally construed to serve its beneficial purposes.

(2) It is also the intent of the General Assembly that this subtitle may not be construed to prohibit acts or practices which are reasonable in relation to the development and preservation of business or which are not injurious to the public interest.
Md. Code, Tax - General § 11-401 — MD Code / Article gtg / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

(a) A vendor is a trustee for the State and is liable for the collection of the sales and use tax for and on account of the State.

(b) A vendor has the same rights to collect the sales and use tax from a buyer and the same rights regarding the nonpayment of the sales and use tax by a buyer that the vendor would have if the sales and use tax were a part of the purchase price of the tangible personal property, digital code, digital product, or taxable service at the time of the sale.
Md. Code, Health Occupations § 11-318 — MD Code / Article gho / Title 11 / Subtitle 3 / Section 11-318
§11–318.
Status: in_force

(a) Except as provided in this section for an action under § 11–313 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) Any person aggrieved by a final decision of the Board under § 11–313 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.

(c) If an optometrist seeks judicial review of an order of suspension or revocation by the Board, the order shall be stayed until the optometrist’s judicial remedies are exhausted.
Md. Code, Business Regulation § 11-204 — MD Code / Article gbr / Title 11 / Subtitle 2 / Section 11-204
§11–204.
Status: in_force

(a) Except as provided in § 11-310 of this title, a majority of the members then serving on the Commission is a quorum.

(b) The Commission shall meet in the State, at the times and places that the Commission determines.

(c) Each member of the Commission is entitled to:

(1) compensation in accordance with the State budget; and

(2) reimbursement under the Standard State Travel Regulations for expenses for each Commission meeting attended, as provided in the State budget.

(d) While in office, each member of the Commission shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.
Md. Code, Business Regulation § 11-304 — MD Code / Article gbr / Title 11 / Subtitle 3 / Section 11-304
§11–304.
Status: in_force

(a) The Commission shall issue a license to each applicant who:

(1) is awarded racing days in a race meeting; and

(2) pays the appropriate license fee.

(b) A license shall state:

(1) the dates of the race meeting awarded;

(2) the total number of racing days awarded; and

(3) the kind of racing to be held.
Md. Code, Agriculture § 11-405 — MD Code / Article gag / Title 11 / Subtitle 4 / Section 11-405
§11–405.
Status: in_force

(a) Every purchaser or hauler of milk or other fluid dairy products who is involved in the testing of samples shall have these operations performed only by individuals licensed by the Secretary.

(b) Any person who calibrates a farm milk tank, other than the owner of the tank, first shall obtain a license from the Secretary.

(c) Any individual required to obtain a license to calibrate farm milk tanks or test milk or other fluid dairy products shall apply to the Secretary and pay an examination fee. If the applicant satisfactorily passes an appropriate examination conducted by the Secretary, the applicant is entitled to receive the kind of license for which he qualifies upon the payment of a fee.

(d) Every license is valid for the license year for which it is issued unless revoked or suspended. Each license may be renewed annually without examination upon application and payment of a renewal fee.
Md. Code, Business Regulation § 11-627 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-627
§11–627.
Status: in_force

(a) The member of the Commission who is on the Advisory Committee is the chairman of the Advisory Committee.

(b) (1) The term of the chairman of the Advisory Committee is 1 year.

(2) At the end of a term, the chairman continues to serve until a successor is appointed.

(3) A chairman who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.

(4) An individual stops serving as chairman when the individual leaves the Advisory Committee.
Md. Code, Alcoholic Beverages and Cannabis § 11-1311 — MD Code / Article gab / Title 11 / Subtitle 13 / Section 11-1311
§11–1311.
Status: in_force

(a) The fee for a Class C per diem beer license and a Class C per diem beer and wine license is $25 per day.

(b) The fee for a Class C per diem beer, wine, and liquor license is $50 per day.
Md. Code, Courts and Judicial Proceedings § 11-105 — MD Code / Article gcj / Title 11 / Subtitle 1 / Section 11-105
§11–105.
Status: in_force

In any cause of action affecting the common property, rights, and liabilities of an unincorporated association, joint stock company, or other group which has a recognized group name, a money judgment against the group is enforceable only against the assets of the group as an entity, but not against the assets of any member.
Md. Code, Criminal Procedure § 11-109 — MD Code / Article gcp / Title 11 / Subtitle 1 / Section 11-109
§11–109.
Status: in_force

(a) In this section, “body fluids” has the meaning stated in § 18–338.1 of the Health – General Article.

(b) Exposure to HIV or hepatitis C between a victim and a person charged with a prohibited exposure occurs:

(1) by percutaneous or mucocutaneous contact with blood or body fluids;

(2) by contact for a prolonged period with blood or body fluids of an open wound, including dermatitis, exudative lesions, and chapped skin;

(3) by intact skin contact for a prolonged period with large amounts of blood or body fluids; or

(4) under any other condition or circumstance under which a person may be exposed to HIV or hepatitis C.
Md. Code, Tax - General § 11-108 — MD Code / Article gtg / Title 11 / Subtitle 1 / Section 11-108
§11–108.
Status: in_force

The sale or recharge of a prepaid telephone calling arrangement is taxable in the State if:

(1) the sale or recharge takes place at the vendor’s place of business located in the State;

(2) the buyer’s shipping address is in the State; or

(3) there is no item shipped, but the buyer’s billing address or the location associated with the buyer’s mobile telephone number is in the State.
Md. Code, Education § 11-702 — MD Code / Article ged / Title 11 / Subtitle 7 / Section 11-702
§11–702.
Status: in_force

The purpose of the College Preparation Intervention Program is to raise the level of academic preparedness of economically and environmentally disadvantaged students to enable them to attend and succeed in college.
Md. Code, Criminal Procedure § 11-806 — MD Code / Article gcp / Title 11 / Subtitle 8 / Section 11-806
§11–806.
Status: in_force

(a) Except as provided under subsection (b) of this section, the record of a proceeding before the Board or a Board member is a public record.

(b) If the confidentiality of a record or report that the Board obtains is protected by law or regulation, the record or report shall remain confidential, subject to the law or regulation.
Md. Code, Business Regulation § 11-1304 — MD Code / Article gbr / Title 11 / Subtitle 13 / Section 11-1304
§11–1304.
Status: in_force

Any state that has adopted or authorized horse racing with pari-mutuel wagering shall be eligible to become a party to this compact.
Md. Code, Criminal Law § 11-208 — MD Code / Article gcr / Title 11 / Subtitle 2 / Section 11-208
§11–208.
Status: in_force

(a) (1) In this section, “indistinguishable from an actual and identifiable child” means an ordinary person would conclude that the image is of an actual and identifiable minor.

(2) “Indistinguishable from an actual and identifiable child” includes a computer–generated image that has been created, adapted, or modified to appear as an actual and identifiable child.

(3) “Indistinguishable from an actual and identifiable child” does not include images or items depicting minors that are:

(i) drawings;

(ii) cartoons;

(iii) sculptures; or

(iv) paintings.

(b) (1) A person may not knowingly possess and intentionally retain a film, videotape, photograph, or other visual representation showing an actual child or a computer–generated image that is indistinguishable from an actual and identifiable child under the age of 16 years:

(i) engaged as a subject of sadomasochistic abuse;

(ii) engaged in sexual conduct; or

(iii) in a state of sexual excitement.

(2) A person may not knowingly or intentionally access and intentionally view a film, videotape, photograph, or other visual representation showing an actual child or a computer–generated image that is indistinguishable from an actual and identifiable child under the age of 16 years:

(i) engaged as a subject of sadomasochistic abuse;

(ii) engaged in sexual conduct; or

(iii) in a state of sexual excitement.

(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $2,500 or both.

(2) A person who violates this section, having previously been convicted under this section, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(d) Nothing in this section may be construed to prohibit a parent from possessing visual representations of the parent’s own child in the nude unless the visual representations show the child engaged:

(1) as a subject of sadomasochistic abuse; or

(2) in sexual conduct and in a state of sexual excitement.

(e) It is an affirmative defense to a charge of violating this section that the person promptly and in good faith:

(1) took reasonable steps to destroy each visual representation; or

(2) reported the matter to a law enforcement agency.
Md. Code, Tax - General § 11-205 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

The sales and use tax does not apply to a sale of:

(1) a Maryland State flag;

(2) a United States flag; or

(3) a prisoner of war flag or missing in action flag honoring and remembering military personnel who have served in the armed forces of the United States.
Md. Code, Education § 11-901 — MD Code / Article ged / Title 11 / Subtitle 9 / Section 11-901
§11–901.
Status: in_force

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

(b) “Committee” means the Instructional Materials Access Guidelines Committee.

(c) (1) “Instructional material” means textbooks and other materials written and published primarily for use by students in postsecondary instruction that are required or essential to a student’s success in a course of study in which a student with a disability is enrolled.

(2) “Instructional material” does not include materials for which software is not commercially available at a reasonable price to permit the conversion of existing electronic files of the materials into a format that is compatible with braille translation software or alternative media for students with disabilities, including mathematics and science materials.

(d) “Library” means the Maryland Library for the Blind and Print Disabled.

(e) “Printed instructional material” means instructional material in book or other printed form.

(f) (1) “Structural integrity” means material composed of all of the textual printed instructional material.

(2) “Structural integrity” includes the text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, and bibliographies.

(3) “Structural integrity” does not include material composed of nontextual elements such as pictures, illustrations, graphs, or charts.
Md. Code, Insurance § 11-213 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-213
§11–213.
Status: in_force

(a) All homeowner’s insurance rates shall be made in accordance with the principles set forth in this section.

(b) (1) An insurer under a homeowner’s insurance policy may not classify or maintain an insured for a period longer than 3 years in a classification that entails a higher premium because of a specific claim.

(2) For the purpose of determining whether to classify an insured in a classification that entails a higher premium, an insurer may review only a period not greater than 3 years before:

(i) if the policy has not yet been issued:

1. the date of the application; or

2. the proposed effective date of the policy; or

(ii) on renewal of a policy, the effective date of the renewal.

(3) (i) The removal of, reduction of, or refusal to apply a discount is not a violation of this subsection if the claim resulting in the removal of, reduction of, or refusal to apply the discount was filed not more than 5 years before the removal, reduction, or refusal.

(ii) Subparagraph (i) of this paragraph may not be construed to prevent an insurer from granting a claim–free discount to an insured.
Md. Code, Alcoholic Beverages and Cannabis § 11-2104 — MD Code / Article gab / Title 11 / Subtitle 21 / Section 11-2104
§11–2104.
Status: in_force

(a) This section applies only to an entertainment facility license issued under § 11–1005 of this title.

(b) Notwithstanding the mandatory revocation requirement for local licensing boards under § 4–605(a) of this article, after a finding that an activity listed in § 4–605 of this article has occurred, the Board may revoke the license.
Md. Code, Financial Institutions § 11-606 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-606
§11–606.
Status: in_force

(a) To qualify for an initial license, an applicant shall complete at least 20 hours of prelicensing education that shall include:

(1) 3 hours of instruction on federal law and regulations relating to mortgage origination;

(2) 3 hours of instruction on ethics, including instruction on fraud, consumer protection, and fair lending issues; and

(3) 2 hours of training related to lending standards and loan terms for nontraditional mortgage products.

(b) (1) All prelicensing education courses shall be reviewed and approved by the Nationwide Mortgage Licensing System and Registry.

(2) Review and approval of a prelicensing education course shall include review and approval of the course provider by the Nationwide Mortgage Licensing System and Registry.

(c) Prelicensing education may be offered in a classroom, online, or by any other means approved by the Nationwide Mortgage Licensing System and Registry.

(d) An applicant’s successful completion in another state of the prelicensing education requirements approved by the Nationwide Mortgage Licensing System and Registry, except prelicensing education requirements specific to that other state, shall be accepted by the Commissioner as credit toward completion of prelicensing education requirements in this State.

(e) This section does not preclude any prelicensing education course, as approved by the Nationwide Mortgage Licensing System and Registry, that is provided by the employer of the applicant or an entity that is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of the employer or entity.
Md. Code, Business Regulation § 11-1102 — MD Code / Article gbr / Title 11 / Subtitle 11 / Section 11-1102
§11–1102.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate on July 1, 2034.
Md. Code, Real Property § 11A-112 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-112
§11A–112.
Status: in_force

(a) Any developer or the developer’s designated project broker shall deliver a public offering statement to the purchaser before transfer of the time-share and no later than the date of the contract.

(b) (1) A public offering statement together with a fee equal to $1 for each time-share to be offered for sale, not to exceed $500, must be filed with, and approved by, the Secretary of State prior to being delivered to any time-share purchaser. The Secretary of State shall determine whether the public offering statement satisfies the requirements of this title, and shall either approve or reject within 45 days of receipt. After approval, the Secretary of State shall promptly issue an order of approval. If the Secretary of State rejects a public offering statement, he shall promptly issue a written order stating the reasons for rejection. The Secretary of State’s failure to act within 45 days of receipt shall be deemed an approval of the public offering statement. A developer may consent in writing to an extension of the review period for approval or rejection.

(2) Rejection of a public offering statement shall not act as a bar to reapplication. A reapplication which amends the original statement to comply with the stated reasons for rejection and which is accomplished by an additional fee of $100 shall be approved by the Secretary of State upon determination that the amended public offering statement satisfies the requirements of this title.

(c) (1) A developer shall file copies of any changes to the information required by this section. Those changes must be approved by the Secretary of State before the changes are distributed to the public.

(2) The Secretary of State shall either approve or reject the changes within 10 days of receipt. The Secretary of State’s failure to act within said 10 days shall be deemed an approval of such changes.

(d) (1) The Secretary of State may adopt any regulations necessary to implement and enforce this section.

(2) The Secretary of State may prescribe forms and procedures for submitting public offering statements.

(3) The Secretary of State shall require the applicant to identify all persons who prepared any part of the public offering statement.

(e) Any person who provides significant information contained in the public offering statement is liable for any false or misleading statement or for any omission of material fact in the statement which he provided or should have provided. In addition to other applicable penalties, any person who knowingly violates this subsection, or who disseminates to the public and had actual knowledge of such statement or omission, or who, in the exercise of reasonable care, should have known of such statement or omission, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $10,000, 6 months imprisonment, or both.

(f) A public offering statement shall contain:

(1) A cover page stating only:

(i) The name and location of the time-share project;

(ii) A statement that the project is a time-share project; and

(iii) The following, in conspicuous type:

“This public offering statement contains important matters to be considered in acquiring a time-share. The statements contained herein are only summary in nature. A prospective purchaser should refer to all references, exhibits thereto, contract documents, and sales materials. You should not rely upon oral representations as being correct. Refer to this document and accompanying exhibits for correct representations. The seller is prohibited from making any representations which conflict with those contained in the contract, this public offering statement, and the time-share instrument.”;

(2) A summary of all statements required to be in conspicuous type in all exhibits to the offering statement;

(3) A separate index of the contents and exhibits of the public offering statement;

(4) A description of the time-share plan, including:

(i) The name and principal address of the developer and the location of the time-share project;

(ii) A general description of the time-share project and the time-share units, including the number of units in the time-share project and any larger project of which it is a part, and the schedule of commencement and completion dates of all improvements;

(iii) As to all units owned or offered by the developer in the same project:

1. The types and numbers of units;

2. Identification of units that are time-share units;

3. The types and durations of the time-share;

4. The maximum number of units that may become part of the time-share project, if known; and

5. A statement of the maximum number of time-shares that may be created or that there is no maximum;

(iv) Copies and a brief narrative description of the significant features of the time-share instrument and any documents referred to in the instrument other than any plats and plans, copies of any contracts or leases to be signed by the purchaser at closing, and a brief narrative description of any contract or lease that will or may be subject to cancellation by the owner of a time-share under § 11A-114 of this title;

(v) The identity of the managing entity and the manner, if any, whereby the developer may change the managing entity or its control;

(vi) A balance sheet for the time-share estate project, that is prepared by an independent certified public accountant, containing information effective as of the close of the immediately preceding fiscal year, or the fiscal year immediately before the last one if the statement is distributed within 90 days of the end of a fiscal year, and a projected budget for the association, either within or as an exhibit to the public offering statement, for 1 year after the date of the first transfer to a purchaser, a statement of who prepared the budget, and a statement of the budgetary assumptions concerning occupancy and inflation factors. The budget shall include:

1. A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacements;

2. A statement of any other reserves;

3. The projected time-share expense liability by category of expenditures for the time-share units; and

4. The projected time-share expense liability for each time-share;

(vii) A description of time-share expenses, the current amounts assessed, and the method and formula for changes;

(viii) Any services which the developer provides or expenses he pays and which he expects may become at any subsequent time a time-share expense and the projected time-share expense liability attributable to each of those services or expenses for each time-share;

(ix) Any initial or special fee due from the time-share purchaser at closing, together with a description of the purpose of the fee and the method of its calculation;

(x) A statement of any liens, defects, or encumbrances on or affecting the title to the time-share units;

(xi) A description of any financing offered by the developer;

(xii) The terms and significant limitations of any warranties provided by the developer, including statutory warranties and limitations on enforcement of damages;

(xiii) A statement that:

1. Subject to the provisions of § 11A-114(a)(3) of this title, within 10 days after receipt of a public offering statement or signing a contract or the time-share unit meets all building requirements and is ready for occupancy, whichever is latest, a purchaser may cancel the contract for purchase of the time-share from the developer; and

2. If a developer fails to provide a public offering statement to the time-share purchaser before transferring the time-share and the purchaser elects to cancel the contract, the purchaser is entitled to recover from the developer 110 percent of the sales price of the time-share actually paid by the purchaser;

(xiv) A description of any unsatisfied judgments against the developer or the managing entity, the status of any pending suits involving the sale or management of real estate to which the developer or an affiliate of the developer or the managing entity is a defending party, and the status of any pending suits, of which the developer has actual knowledge, of significance to the time-share project;

(xv) A statement that a bond or letter of credit is required under § 11A-116 of this title, and that any deposit made in connection with the purchase of a time-share will be held in an escrow account or a trust account until expiration of the rescission period or any later time specified in the contract, and will be returned to the purchaser if the purchaser cancels the contract;

(xvi) Any restraints on transfer of time-shares or portions thereof;

(xvii) A description of the insurance coverage provided for the benefit of time-share owners;

(xviii) Any facility fees;

(xix) The extent to which financial arrangements have been provided for completion of all promised improvements;

(xx) The extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other time-share owners of the same time-share unit or the developer, managing entity, or association; and

(xxi) A description of the rights and remedies provided in the time-share instrument for a time-share owner who is prevented from enjoying exclusive occupancy of a time-share unit, or a statement that none is provided in the instrument; and

(5) If the time-share owners are to be permitted or required to become members of or to participate in any exchange program, a statement containing the information set forth in § 11A-120 of this title.

(g) A developer shall promptly amend the public offering statement to report any material change in the required information. Insofar as the developer relies in good faith on information provided by others in making the required disclosures about exchange programs, he is responsible for a misrepresentation only if he has knowledge of its falsity.

(h) (1) At any time that a time-share project is registered with the Securities and Exchange Commission of the United States, a developer satisfies all requirements relating to the preparation of a public offering statement under this section if he delivers to the time-share purchaser and files with the Secretary of State and the Commission a copy of the public offering statement filed with the Securities and Exchange Commission if that contains substantially the same information as is required in a public offering statement under this title.

(2) The mere offering of a time-share or the offering of an exchange program in conjunction with the offering or sale of a time-share in this State shall not constitute a security under the laws of this State.

(i) (1) (i) In the case of a time-share situated wholly outside of this State, an application for registration of a public offering statement with the Secretary of State that has been approved by an agency in the state where the time-share is located and that substantially complies with the requirements of this title may be accepted for registration at the discretion of the Secretary.

(ii) The Secretary of State may require additional information, before accepting a registration under this subsection, to assure adequate disclosure.

(2) If there is no out-of-state agency where the time-share is located that has approved the public offering statement, the application for registration of the out-of-state time-share shall consist of the public offering statement described under this section and the application form prescribed by the Secretary of State.
Md. Code, Business Occupations and Professions § 11-502 — MD Code / Article gbo / Title 11 / Subtitle 5 / Section 11-502
§11–502.
Status: in_force

(a) The Public Service Commission shall establish pilotage fees in accordance with § 4–303 of the Public Utilities Article.

(b) (1) Regardless of whether the employment is required under § 11–501(a) of this subtitle or voluntary under § 11–501(c) of this subtitle, a vessel that employs a licensed pilot to provide pilotage shall pay the licensed pilot the full pilotage fee.

(2) Regardless of whether the vessel uses the services of the pilot for the entire pilotage, a vessel that employs a licensed pilot to provide pilotage shall pay the licensed pilot the full pilotage fee.

(c) Notwithstanding any contract between a licensed pilot who has provided pilotage for a vessel and the master, owner, charterer, or agent of the vessel or any other party, the vessel, its tackle, apparel, and furniture, and the master, owner, charterer, and agent of the vessel shall be jointly and severally liable for payment of the pilotage fee to the licensed pilot.

(d) A licensed pilot who has provided pilotage for a vessel shall have a lien for the amount of the pilotage fee due, enforceable in a court of competent jurisdiction, on the vessel and its tackle, apparel, and furniture.

(e) If a vessel fails to employ a licensed pilot to provide pilotage as required under § 11–501(a) of this subtitle, the vessel and its master, owner, charterer, and agent shall be jointly and severally liable for payment of the full pilotage fee as if a licensed pilot had been employed.
Md. Code, Education § 11-904 — MD Code / Article ged / Title 11 / Subtitle 9 / Section 11-904
§11–904.
Status: in_force

(a) The electronic format of printed instructional material provided by a publisher to the Library for use by a student with a disability under this subtitle shall:

(1) Maintain the structural integrity of the printed instructional material;

(2) Be compatible with commonly used braille translation or speech synthesis software, if necessary; and

(3) Include corrections and revisions as necessary.

(b) If the Library and a publisher cannot in good faith agree on an electronic format that maintains the structural integrity of the printed instructional material as required under subsection (a) of this section, the publisher shall provide the instructional material in an electronic format that maintains as much of the structural integrity of the printed instructional material as possible.

(c) Except as provided in subsection (i) of this section, the Library or institution shall submit to a publisher a written request for an electronic format of instructional material that includes:

(1) Certification that the institution has purchased the printed instructional material for use by a student with a disability or that a student with a disability attending or registered to attend the institution has purchased the instructional material;

(2) Certification that the student has a disability that prevents the student from using standard instructional materials;

(3) Certification that the electronic format of the printed instructional material will be used by a student in connection with a course in which the student is registered or enrolled at the institution; and

(4) The signature of the individual designated by the Library or institution to request the electronic format of the instructional material under this subtitle.

(d) On receipt of a written request under subsection (c) of this section, the publisher shall provide the Library with the electronic format of the printed instructional material at no additional cost and in a timely manner.

(e) Except as provided in subsection (i) of this section, a publisher receiving a written request under subsection (c) of this section may require the Library to provide the publisher with a copy of an agreement that:

(1) States that the student requesting and using the electronic format of the instructional material provided by the publisher will use the material solely for the student’s personal educational use;

(2) States that the student has agreed not to copy, duplicate, or distribute the electronic copy of the instructional material for use by other individuals; and

(3) Is signed by the student requesting and using the electronic copy.

(f) (1) If the Library or an institution permits a student to directly use the electronic format of the instructional material, the Library or institution shall take the following steps to protect the electronic copy from duplication and distribution in violation of the Copyright Revisions Act of 1976:

(i) The disk or file shall be copy–protected or contain other reasonable security measures; and

(ii) The Library or institution shall require a student using the electronic copy to sign the agreement under subsection (e) of this section.

(2) An institution may not make the electronic format of the instructional material available on a server unless the following security measures are followed:

(i) A security process, including an identification and password system, is installed to permit only authorized students with disabilities access to the protected materials; and

(ii) Other technical security measures are installed to prevent a student from downloading the electronic format of the instructional material unless the student has signed the agreement under subsection (e) of this section.

(3) A publisher may install technical security measures to prevent the unauthorized copying, modification, distribution, or use of the electronic format of the instructional material if the security measures do not interfere with the student’s use of electronic copy.

(g) (1) The Library, an institution, or any component of an institution shall notify the publisher each time the Library, institution, or a component of the institution intends to duplicate an electronic format or a specialized format produced from the electronic format for use of the protected material by other students with disabilities.

(2) For each additional student for whom the Library, an institution, or a component of an institution intends to duplicate an electronic format under paragraph (1) of this subsection, the Library, institution, or component of an institution shall follow the request procedures in this section.

(h) (1) An institution may assist a student with a disability to transcribe or arrange for the transcription of printed instructional material into braille using the electronic format of the instructional material.

(2) If a braille copy is transcribed under paragraph (1) of this subsection, the institution shall have the right to share the braille copy of the printed instructional material with other students with disabilities at the institution.

(i) (1) A member of the faculty of an institution of higher education may request from the Library instructional materials in an electronic format.

(2) For a request on behalf of a faculty member, the Library is not required to provide to a publisher the certifications specified under subsection (c) of this section.
Md. Code, Education § 11-307 — MD Code / Article ged / Title 11 / Subtitle 3 / Section 11-307
§11–307.
Status: in_force

The Commission shall:

(1) Compile and review the reports of the institutions and system; and

(2) Present the reports, together with the comments and recommendations of the Commission, to the Governor and, subject to § 2-1257 of the State Government Article, the General Assembly of Maryland.
Md. Code, Alcoholic Beverages and Cannabis § 11-2010 — MD Code / Article gab / Title 11 / Subtitle 20 / Section 11-2010
§11–2010.
Status: in_force

(a) In this section, “premises” means:

(1) a restaurant, tavern, hotel, club, dance studio, disco, or place of public entertainment;

(2) a place open to the public; or

(3) a place licensed by the State or the county.

(b) (1) Except as provided in paragraph (2) of this subsection, a person may not provide or allow to be consumed on the premises or on premises under its possession or control any alcoholic beverages other than as specifically allowed under this article.

(2) Paragraph (1) of this subsection does not apply to the room of a registered guest in a hotel, motel, or hospice.

(c) A person who knowingly allows consumption in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250.
Md. Code, Real Property § 11-103 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-103
§11–103.
Status: reserved

(a) The declaration shall express at least the following particulars:

(1) The name by which the condominium is to be identified, which name shall include the word “condominium” or be followed by the phrase “a condominium”.

(2) A description of the condominium sufficient to identify it with reasonable certainty together with a statement of the owner’s intent to subject the property to the condominium regime established under this title.

(3) A general description of each unit, including its perimeters, location, and any other data sufficient to identify it with reasonable certainty. As to condominiums created on or after July 1, 1981, except as provided by the declaration or the plat and subject to paragraph (4)(ii) of this subsection:

(i) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.

(ii) If any chute, flue, duct, wire, conduit, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a part of that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.

(iii) Subject to the provisions of subparagraph (ii) of this paragraph, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.

(iv) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit’s boundaries, are limited common elements allocated exclusively to that unit.

(4) (i) A general description of the common elements together with a designation of those portions of the common elements that are limited common elements and the unit to which the use of each is restricted initially.

(ii) 1. A. This subparagraph applies to any condominium for which a declaration, bylaws, and plat are recorded in the land records of the county where the property is located on or after October 1, 2010.

B. This subparagraph does not apply to a condominium that is occupied and used solely for nonresidential purposes.

2. The description of the common elements shall include the following improvements to the extent that the improvements are shared by or serve more than one unit or serve any portion of the common elements:

A. Roofs;

B. Foundations;

C. External and supporting walls;

D. Mechanical, electrical, and plumbing systems; and

E. Other structural elements.

3. With the exception of corrective amendments necessary to comply with subsubparagraph 2 of this subparagraph, the description and designation of the common elements required under subsubparagraph 2 of this subparagraph may not be amended until after the date on which the unit owners, other than the developer and its affiliates, first elect a controlling majority of the members of the board of directors for the council of unit owners.

(5) The percentage interests appurtenant to each unit as provided in § 11–107 of this title.

(6) The number of votes at meetings of the council of unit owners appurtenant to each unit.

(b) The information required by subsection (a)(2) through (4) of this section may be incorporated in the declaration by reference to the condominium plat.

(c) (1) (i) 1. Except as provided in subsubparagraph 2 of this subparagraph, the declaration may be amended only with the written consent of 66 2/3 percent of the unit owners listed on the current roster.

2. Subsubparagraph 1 of this subparagraph does not apply:

A. To a corrective amendment under § 11–103.1 of this title;

B. As provided in subparagraph (ii) of this paragraph; or

C. As provided in subsection (d) of this section.

(ii) 1. If any of the units of the condominium are owned by the developer, the declaration may be amended only with the written consent of 80% of the unit owners listed on the current roster.

2. Subsubparagraph 1 of this subparagraph does not apply:

A. To a corrective amendment under § 11–103.1 of this title;

B. As provided in paragraph (3) of this subsection; or

C. As provided in subsection (d) of this section.

(2) Amendments under this section are subject to the following limitations:

(i) Except to the extent expressly permitted or expressly required by other provisions of this title, an amendment to the declaration may not change the boundaries of any unit, the undivided percentage interest in the common elements of any unit, the liability for common expenses or rights to common profits of any unit, or the number of votes in the council of unit owners of any unit without the written consent of every unit owner and mortgagee.

(ii) An amendment to the declaration may not modify in any way rights expressly reserved for the benefit of the developer or provisions required by any governmental authority or for the benefit of any public utility.

(iii) Except to the extent expressly permitted by the declaration, an amendment to the declaration may not change residential units to nonresidential units or change nonresidential units to residential units without the written consent of every unit owner and mortgagee.

(iv) Except as otherwise expressly permitted by this title and by the declaration, an amendment to the declaration may not redesignate general common elements as limited common elements without the written consent of every unit owner and mortgagee.

(v) 1. Except as provided in subparagraph (vi) of this paragraph, if the declaration contains a provision requiring any action on the part of the holder of a mortgage or deed of trust on a unit in order to amend the declaration, that provision shall be deemed satisfied if the procedures under this subparagraph are satisfied.

2. If the declaration contains a provision described in subsubparagraph 1 of this subparagraph, the council of unit owners shall cause to be delivered to each holder of a mortgage or deed of trust entitled to notice a copy of the proposed amendment to the declaration.

3. If a holder of the mortgage or deed of trust that receives the proposed amendment fails to object, in writing, to the proposed amendment within 60 days after the date of actual receipt of the proposed amendment, the holder shall be deemed to have consented to the adoption of the amendment.

(vi) Subparagraph (v) of this paragraph does not apply to amendments that:

1. Alter the priority of the lien of the mortgage or deed of trust;

2. Materially impair or affect the unit as collateral; or

3. Materially impair or affect the right of the holder of the mortgage or deed of trust to exercise any rights under the mortgage, deed of trust, or applicable law.

(3) (i) The council of unit owners may petition the circuit court in equity for the county in which the condominium is located to correct:

1. An improper description of the units or common elements; or

2. An improper assignment of the percentage interests in the common elements, common expenses, and common profits.

(ii) The petition may be brought only if:

1. The unit owners, at a special meeting called for that purpose, vote to petition the court to correct a specific error by a vote of at least 66 2/3 percent of the unit owners present and voting at a properly convened meeting;

2. The council of unit owners gives notice of the special meeting to each mortgagee of record for the condominium; and

3. An opportunity is provided for the mortgagees to speak at the special meeting upon written request to the council of unit owners.

(iii) The court may reform the declaration to correct the error or omission as the court considers appropriate, if:

1. The council of unit owners gives notice of the filing of the petition to each mortgagee and unit owner within 15 days of filing;

2. The council of unit owners files an affidavit with the court stating that the conditions of subparagraph (ii) of this paragraph have been met;

3. The council of unit owners proves, by a preponderance of the evidence, that there is an error or omission as provided in subparagraph (i) of this paragraph;

4. Any mortgagee with an interest in the condominium is permitted to intervene in the proceedings upon filing a motion to intervene as provided in the Maryland Rules;

5. The reformation does not substantially impair the property rights of any unit owner or mortgagee; and

6. The court issues an order of reformation.

(iv) A final order of reformation may be appealed by any party within 30 days of its issuance. An order of reformation may not be recorded until the appeal period has lapsed or all appeals have been completed.

(4) An amendment or order of reformation becomes effective on recordation in the same manner as the declaration. If the condominium is registered with the Secretary of State, the council of unit owners shall file a copy of the order of reformation with the Secretary of State within 15 days of recordation.

(d) (1) (i) A declaration may provide for the suspension of the use of parking or recreational facility common elements by a unit owner that is more than 60 days in arrears in the payment of any assessment due to the condominium.

(ii) If a declaration contains a suspension provision authorized under subparagraph (i) of this paragraph, the declaration shall state that a suspension of the use of common elements may not be implemented until the council of unit owners:

1. Mails to the unit owner a demand letter specifying a time period of at least 10 days within which the unit owner may pay the delinquent assessment or request a hearing to contest the suspension; and

2. If a unit owner requests a hearing to contest a suspension, provides notice and holds a hearing in accordance with § 11–113(b) of this title.

(2) Notwithstanding the provisions of the declaration or bylaws, the council of unit owners may amend the declaration to add or repeal a suspension provision authorized under paragraph (1)(i) of this subsection by the affirmative vote of at least 60% of the total eligible voters of the condominium under the voting procedures contained in the declaration or the bylaws.
Md. Code, Family Law § 11-101 — MD Code / Article gfl / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

(a) The court may award alimony:

(1) on a bill of complaint for alimony; or

(2) as a part of a decree that grants:

(i) an annulment;

(ii) a limited divorce; or

(iii) an absolute divorce.

(b) The court may award alimony to either party.

(c) If a final disposition as to alimony has been made in an agreement between the parties, the court is bound by that agreement as the agreement relates to alimony.

(d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the court may not award alimony on a bill of complaint for alimony to the spouse of a resident in a related institution as defined in § 19-301 of the Health - General Article, if the petitioner attempts to satisfy the separation grounds for divorce under §§ 7-102 and 7-103 of this article based on the spouse’s residence in the related institution.
Md. Code, Correctional Services § 11-1014 — MD Code / Article gcs / Title 11 / Subtitle 10 / Section 11-1014
§11–1014.
Status: in_force

(a) A person may not knowingly make a false statement, report, or complaint during an investigation or proceeding conducted under this subtitle.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
Md. Code, Criminal Procedure § 11-613 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-613
§11–613.
Status: reserved

(a) Notwithstanding any other provision of Part I of this subtitle and except as provided in subsection (b) of this section, a victim or other person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle if the restitution obligor:

(1) files a motion under the Maryland Rules to stay execution of the judgment of restitution and the motion has not been decided by the court; and

(2) challenges the conviction, sentence, or judgment of restitution by:

(i) filing an appeal in a State court or in federal court;

(ii) applying for leave to appeal following a plea of guilty in a circuit court;

(iii) filing a motion for exercise of revisory power by the sentencing court under the Maryland Rules;

(iv) filing an application for review of criminal sentence under Title 8 of this article; or

(v) filing a notice for in banc review under the Maryland Rules.

(b) If a restitution obligor has complied with the requirements of subsection (a) of this section and the court has not yet ruled on the request for a stay, a person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle until a court issues a final judgment that upholds the conviction, sentence, or judgment of restitution.

(c) A person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle until the time has expired in which a restitution obligor may file any of the actions listed under subsection (a)(2)(i) through (v) of this section.

(d) The judgment of restitution may be enforced in the same way that a monetary judgment is enforced.
Md. Code, Labor and Employment § 11-303 — MD Code / Article gle / Title 11 / Subtitle 3 / Section 11-303
§11–303.
Status: in_force

There shall be a quick response program to provide both employers and employees with services to assist in mitigating the impact on employees that occurs with a reduction in operations.
Md. Code, Health Occupations § 11-502 — MD Code / Article gho / Title 11 / Subtitle 5 / Section 11-502
§11–502.
Status: in_force

Unless licensed to practice optometry under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person practices optometry.
Md. Code, Alcoholic Beverages and Cannabis § 11-1901 — MD Code / Article gab / Title 11 / Subtitle 19 / Section 11-1901
§11–1901.
Status: in_force

(a) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county without exception or variation:

(1) § 4–502 (“Storage of alcoholic beverages”);

(2) § 4–503 (“Solicitations and sales outside of licensed premises”);

(3) § 4–506 (“Evidence of purchaser’s age”);

(4) § 4–507 (“Retail delivery of alcoholic beverages”); and

(5) § 4–508 (“Display of license”).

(b) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county:

(1) § 4–504 (“Employment of underage individuals”), subject to § 11–1902 of this subtitle; and

(2) § 4–505 (“Alcohol awareness program”), subject to § 11–1902.1 of this subtitle.
Md. Code, Business Regulation § 11-211 — MD Code / Article gbr / Title 11 / Subtitle 2 / Section 11-211
§11–211.
Status: in_force

(a) The Commission may:

(1) enter or investigate the office, track, or place of business of a licensee to ensure that the regulations of the Commission are strictly complied with; and

(2) place an expert accountant or other individual in the office, track, or place of business of a licensee and require that the licensee pay the salary and expenses of the expert accountant or other individual.

(b) The Commission may require that an employee or official of the licensee be removed from the job.

(c) The Commission may require that a licensee keep financial records in the way that the Commission determines.

(d) The Commission may administer oaths.

(e) The Commission may issue a subpoena for the attendance of a witness to testify or to produce evidence.
Md. Code, Insurance § 11-322 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-322
§11–322.
Status: in_force

(a) Part IV of this subtitle applies to each authorized insurer that writes private passenger motor vehicle insurance in the State.

(b) Except as expressly provided otherwise, Part IV of this subtitle does not apply to the Maryland Automobile Insurance Fund.
Md. Code, Corporations and Associations § 11-705 — MD Code / Article gca / Title 11 / Subtitle 7 / Section 11-705
§11–705.
Status: in_force

(a) (1) Any person who willfully violates any provision of this title, except § 11–303 or § 11–305 of this title or who willfully violates any rule or order under this title except a rule or order under § 11–305 of this title, or who willfully violates § 11–303 of this title knowing the statement made to be false or misleading in any material respect, on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 3 years or both.

(2) Any person who willfully violates § 11–305 of this title or who willfully violates a rule or order under § 11–305 of this title, on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding 5 years or both.

(3) A person may not be imprisoned for the violation of any rule or order if the person proves that the person had no knowledge of the rule or order.

(4) An indictment or information may not be returned under this title more than 5 years after the alleged violation.

(b) The Commissioner may refer available evidence concerning violations of this title or of any rule or order under this title to the State’s Attorney or the Attorney General who, with or without the reference, may institute the appropriate criminal proceedings under this title.

(c) Nothing in this title limits the power of this State to punish any person for any conduct which constitutes a crime by statute or at common law.
Md. Code, Real Property § 11-111.4 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-111.4
§11–111.
Status: in_force

§11–111.4.

(a) In this section, “electric vehicle recharging equipment” means property in the State that is used for recharging vehicles propelled by electricity, including motor vehicles and electric bicycles.

(b) A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a condominium is void and unenforceable if the covenant, restriction, or provision:

(1) Is in conflict with the provisions of this section; or

(2) Effectively prohibits or unreasonably restricts the installation or use of electric vehicle recharging equipment in a unit owner’s deeded parking space or a parking space that is specifically designated for use by a particular owner.

(c) (1) If approval is required for the installation or use of electric vehicle recharging equipment in a condominium, the governing body shall process and review an application for approval in the same manner as an application for approval of an architectural modification to the condominium.

(2) The governing body may not willfully avoid or delay processing and reviewing an application for approval.

(3) If an application is not denied in writing within 60 days after the governing body receives the application, the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.

(4) The approval or denial of an application shall be in writing.

(d) (1) The governing body shall approve the installation of electric vehicle recharging equipment in a unit owner’s deeded parking space or a parking space that is specifically designated for use by a particular owner if:

(i) Installation:

1. Does not unreasonably impede the normal use of an area outside the unit owner’s parking space; and

2. Is reasonably possible; and

(ii) The unit owner agrees in writing to:

1. Comply with:

A. All relevant building codes and safety standards to maintain the safety of all users of the common area; and

B. The condominium’s architectural standards for the installation of the electric vehicle recharging equipment;

2. Engage a licensed contractor to install the electric vehicle recharging equipment; and

3. Pay for the electricity usage associated with the separately metered electric vehicle recharging equipment.

(2) The owner and each successive owner of the electric vehicle recharging equipment shall be responsible for:

(i) Installation costs for the electric vehicle recharging equipment;

(ii) Costs for damage to the electric vehicle recharging equipment, common element, or limited common element resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle recharging equipment;

(iii) Costs for the maintenance, repair, and replacement of the electric vehicle recharging equipment up until the equipment is removed;

(iv) If the owner decides to remove the electric vehicle recharging equipment, costs for the removal and for the restoration of the common element or limited common element after removal; and

(v) The cost of electricity associated with the electric vehicle recharging equipment.

(e) A unit owner shall obtain any permit or approval for electric vehicle recharging equipment that is required by the county or municipal corporation in which the condominium is located.

(f) Notwithstanding the provisions of § 11–125 of this title, the governing body may grant a license for up to 3 years, renewable at the discretion of the governing body, on any common element necessary for the installation of equipment or for the supply of electricity to any electric vehicle recharging equipment.

(g) (1) A unit owner shall:

(i) Prior to the installation of the electric vehicle recharging equipment, provide a certificate of insurance naming the condominium association as an additional insured; or

(ii) Reimburse the association for the cost of an increased insurance premium attributable to the electric vehicle recharging equipment.

(2) Insurance coverage of the electric vehicle recharging equipment shall be maintained so long as the electric vehicle recharging equipment and all appurtenances to the electric vehicle recharging equipment are installed.
Md. Code, Correctional Services § 11-705 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-705
§11–705.
Status: in_force

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

(2) “Administrator” means the Administrator of the Baltimore County detention facilities or the Administrator’s designee.

(3) “Leave” means authorized time away from a Baltimore County detention facility.

(4) “Participant” means an incarcerated individual in a Baltimore County detention facility who participates in a program under this section.

(b) This section applies only in Baltimore County.

(c) (1) The Administrator may establish and administer a work release program.

(2) If the Administrator establishes a work release program, the Administrator shall establish:

(i) eligibility criteria for participation in the program; and

(ii) for each participant, a work release plan that includes the terms and conditions of the work release and employment.

(d) (1) Participation in the work release program is a privilege authorized by court.

(2) This section does not create a right to participate in the work release program or to remain in the program after the participant has been suspended or removed from the program.

(e) The Administrator may recommend to a court that an individual participate in the work release program if:

(1) the individual has applied to participate in the program; and

(2) the Administrator has approved the application.

(f) If the Administrator recommends participation in the work release program, a court may authorize an individual to participate in the program:

(1) when the court imposes a sentence;

(2) when the court commits an individual to the custody of a Baltimore County detention facility; or

(3) at any time during the individual’s confinement.

(g) (1) The Administrator may suspend or remove a participant from the work release program:

(i) at any time;

(ii) without prior approval from the court; and

(iii) for any reason that the Administrator determines.

(2) The Administrator shall notify the court within 15 days after the Administrator suspends or removes a participant from the work release program.

(h) (1) The Administrator shall collect each participant’s total earnings, less payroll deductions.

(2) From the participant’s earnings, the Administrator:

(i) may pay the reasonable cost to the county of providing food, lodging, and clothing for the participant;

(ii) may make court–ordered payments for dependents;

(iii) may pay court–ordered costs, fines, and restitution;

(iv) if ordered by the court, may reimburse the State for the court–appointed counsel; and

(v) if ordered by the court, may reimburse the State for the services of the public defender.

(3) Any balance that remains after payments are made under paragraph (2) of this subsection:

(i) shall be credited to an account held by the Administrator for the participant; and

(ii) if the Administrator approves, shall be disposed of as requested by the participant.

(4) Any balance remaining in the participant’s account when the participant is released from the detention facility shall be paid to the participant.

(i) A participant employed in the community under this section is not an agent or employee of Baltimore County, the Administrator, any judicial officer, or any other public officer of the county or State.

(j) The Administrator may charge a participant a reasonable fee in an amount not to exceed the actual costs incurred by the county for food, travel, and other expenses related to the participant’s participation in the work release program.

(k) (1) The Administrator may establish and administer a home detention program.

(2) If the Administrator establishes a home detention program, the Administrator:

(i) shall establish eligibility criteria for participation in the program; and

(ii) for each participant, shall establish a home detention plan that includes the terms and conditions of the home detention.

(l) (1) Participation in the home detention program is a privilege authorized by court.

(2) This section does not create a right to participate in the home detention program or to remain in the program after the participant has been suspended or removed from the program.

(m) The Administrator may recommend to a court that an individual participate in the home detention program if:

(1) the individual has applied to participate in the program;

(2) except for a violation of the Transportation Article or other traffic law or ordinance for which a penalty of incarceration is not authorized, the individual has no other charges pending in any municipal corporation, county, or state; and

(3) the Administrator has approved the application.

(n) If the Administrator recommends participation in the home detention program, a court may authorize an individual to participate in the program:

(1) after imposing a sentence; or

(2) at any time during the individual’s confinement.

(o) (1) The Administrator may suspend or remove a participant from the home detention program:

(i) at any time;

(ii) without prior approval from the court; and

(iii) for any reason that the Administrator determines.

(2) The Administrator shall notify the court within 15 days after the Administrator suspends or removes a participant from the home detention program.

(p) A participant is not eligible for the home detention program if the participant:

(1) is serving a sentence for a crime of violence; or

(2) has been found guilty of:

(i) child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or

(ii) escape under § 9–404 of the Criminal Law Article.

(q) The Administrator may charge a reasonable fee for the actual cost of electronic supervision and other administrative costs of the program.

(r) The Administrator may adopt regulations to carry out this section.
Md. Code, Financial Institutions § 11-215 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-215
§11–215.
Status: in_force

(a) Subject to the hearing provisions of § 11-217 of this subtitle, the Commissioner may order a licensee or any other person to cease and desist from a course of conduct if the course of conduct results in an evasion or violation of the Maryland Consumer Loan Law or of any rule or regulation adopted under it.

(b) (1) Subject to the provisions of paragraph (2) of this subsection, when the Commissioner determines that a licensee or any other person is about to engage in an act or practice constituting an evasion or violation of the Maryland Consumer Loan Law or of any rule or regulation adopted under the Maryland Consumer Loan Law, and that immediate action against the licensee or person is in the public interest, the Commissioner may in the Commissioner’s discretion issue, without a prior hearing, a summary order directing the licensee or person to cease and desist from engaging in the act or practice.

(2) A summary cease and desist order issued under paragraph (1) of this subsection shall give the licensee or person:

(i) Subject to the hearing provisions of § 11-217 of this subtitle, notice of the opportunity for a hearing to determine whether the summary cease and desist order should be vacated, modified, or entered as final; and

(ii) Notice that the summary cease and desist order will be entered as final if the licensee or person does not request a hearing within 15 days of receipt of the summary cease and desist order.
Md. Code, Election Law § 11-602 — MD Code / Article gel / Title 11 / Subtitle 6 / Section 11-602
§11–602.
Status: in_force

The Governor shall issue a commission to an individual elected to or continued in office only if the individual’s election is certified by the State Board.
Md. Code, Business Regulation § 11-609 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-609
§11–609.
Status: in_force

The Commission may not issue:

(1) licenses to more than 3 racing associations;

(2) a license for use in Carroll, Dorchester, Frederick, Montgomery, or Wicomico County; or

(3) more than 1 license for use in any 1 county.
Md. Code, Labor and Employment § 11-708.1 — MD Code / Article gle / Title 11 / Subtitle 7 / Section 11-708.1
§11–708.
Status: in_force

§11–708.1.

(a) There is a Clean Energy Workforce Account.

(b) The Account shall be funded from the Strategic Energy Investment Fund in accordance with § 9–20B–05(f)(10), (f–2), and (f–3) of the State Government Article.

(c) (1) In this subsection, “clean energy industry” has the meaning stated in § 9–20B–01 of the State Government Article.

(2) The Account shall be used to provide grants to support workforce development programs that provide:

(i) pre–apprenticeship jobs training;

(ii) youth apprenticeship jobs training; and

(iii) registered apprenticeship jobs training.

(3) A pre–apprenticeship jobs training program must:

(i) be designed to prepare individuals to enter and succeed in an apprenticeship program registered by the Maryland Apprenticeship and Training Council;

(ii) include:

1. training and curriculum based on national best practices that prepare individuals with the skills and competencies to enter one or more State–registered or U.S. Department of Labor–registered apprenticeship programs that prepare workers for careers in the clean energy industry;

2. a documented strategy for increasing apprenticeship opportunities for unemployed and underemployed individuals, including:

A. recruitment strategies to bring these individuals into the pre–apprenticeship jobs training program;

B. educational and pre–vocational services to prepare program participants to meet the entry requirements of one or more registered apprenticeship programs;

C. access to appropriate support services to enable program participants to maintain participation in the program; and

D. mechanisms to assist program participants in identifying and applying to registered apprenticeship programs; and

3. rigorous performance and evaluation methods to ensure program effectiveness and improvement; and

(iii) have a documented partnership with at least one registered apprenticeship program described in item (ii)2 of this paragraph.

(4) Eligible clean energy industry jobs for a pre–apprenticeship jobs training program include positions in:

(i) renewable energy;

(ii) energy efficiency;

(iii) energy storage;

(iv) resource conservation; and

(v) advanced transportation.

(5) (i) This paragraph applies to youth apprenticeship jobs training programs and registered apprenticeship jobs training programs supported by the Account under this subsection.

(ii) An apprenticeship sponsor shall receive as a grant from the Account:

1. up to $150,000 for a program proposal and planning expenses; and

2. $3,000 for each successfully completed apprenticeship.

(iii) The youth apprenticeship jobs training programs and the registered apprenticeship jobs training programs:

1. shall comply with:

A. all rules and regulations for the establishment of a registered apprenticeship and youth apprenticeship standard for sponsorship; and

B. the Maryland Apprenticeship and Training Program; and

2. must prepare workers for careers in the energy efficiency, geothermal, solar, and wind sectors of the clean energy industry.

(iv) This paragraph may not be construed to alter or amend the definition of “youth apprentice” or “registered apprentice” as defined by the Maryland Apprenticeship and Training Council and approved by the Secretary.

(d) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “American manufactured goods” means goods that are:

1. manufactured in the United States; or

2. assembled in the United States.

(iii) “Assembled in the United States” means that the final production takes place at a facility within the United States, regardless of the origin of the components or subcomponents.

(iv) “Manufactured in the United States” means:

1. that all manufacturing processes take place within the United States; and

2. that all component parts and the manufacturing processes of the component parts originate from within the United States, regardless of the origin of the subcomponents.

(2) A grant from the Account may be made only to a program that agrees to:

(i) use or supply American manufactured goods; and

(ii) initiate a project labor agreement.

(3) Paragraph (2)(i) of this subsection does not apply if:

(i) the price of the American manufactured goods exceeds the price of a similar manufactured good that is not manufactured in the United States by more than 25%;

(ii) the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities;

(iii) the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States; or

(iv) the procurement of a manufactured good would be inconsistent with the public interest.

(4) The Board of Public Works shall adopt regulations to define the following terms for the purposes of this subsection:

(i) “reasonably available”; and

(ii) “substantially less”.

(5) If a court or a federal or State agency determines that a program receiving money from the Account has misrepresented that goods used in a program to which paragraph (2)(i) of this subsection applies were manufactured or assembled in the United States, that program shall be ineligible to receive a grant from the Account for 5 years following the date that the court or federal or State agency makes the determination.

(e) A program that receives a grant from the Account shall meet the requirements of the State prevailing wage law under Title 17, Subtitle 2 of the State Finance and Procurement Article.
Md. Code, Real Property § 11B-111.10 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-111.10
§11B–111.
Status: in_force

§11B–111.10.

(a) Unless the declaration or bylaws state otherwise, the dispute settlement mechanism provided by this section is applicable to complaints or demands formally arising on or after October 1, 2022.

(b) (1) The board of directors or other governing body of the homeowners association may not impose a fine, suspend voting, or infringe on any other right of a lot owner or any other occupant for violations of rules until the procedures in this subsection are followed.

(2) A written demand to cease and desist from an alleged violation shall be provided to the alleged violator specifying:

(i) The nature of the alleged violation;

(ii) The action required to abate the violation; and

(iii) A period of time, not less than 15 days, during which the violation may be abated without further sanction, if the violation is a continuing violation, or a statement that any further violation of the same rule may result in the imposition of sanction after notice and opportunity for hearing if the violation is not continuing.

(3) Within 12 months of the demand, if the violation continues past the period of time allowed in the demand for abatement without penalty or if the same rule is violated subsequently, the board shall provide the alleged violator, at the alleged violator’s address of record, with a written notice of the alleged violator’s right to request a hearing to be held by the board in executive session containing:

(i) The nature of the alleged violation;

(ii) The procedures for requesting a hearing at which the alleged violator may produce any statement, evidence, or witnesses on behalf of the alleged violator;

(iii) The period of time for requesting a hearing, which may not be less than 10 days from the giving of the notice; and

(iv) The proposed sanction to be imposed.

(4) (i) If the alleged violator requests a hearing within the period of time specified in the notice provided under paragraph (3) of this subsection, the board shall provide the alleged violator with a written notice of the time and place of the hearing, which time may not be less than 10 days after the date the request for a hearing was provided.

(ii) 1. At the hearing, the alleged violator has the right to present evidence and cross–examine witnesses.

2. The hearing shall be held in executive session in accordance with this notice and shall afford the alleged violator a reasonable opportunity to be heard.

3. A. Prior to the taking effect of any sanction under this section, proof of notice shall be entered in the minutes of the meeting.

B. The proof of notice shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of providing the notice, is entered in the minutes by the officer or director who provided the notice.

C. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting.

4. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.

(5) If the alleged violator does not request a hearing within the period of time specified in the notice provided under paragraph (3) of this subsection, the board, at the next meeting, shall deliberate as to whether the violation occurred and decide whether a sanction is appropriate for the violation.

(6) A decision made in accordance with these procedures shall be appealable to the courts of Maryland.

(c) (1) If any lot owner fails to comply with this title, the declaration, or bylaws, or a decision rendered in accordance with this section, the lot owner may be sued for damages caused by the failure or for injunctive relief, or both, by the homeowners association or by any other lot owner.

(2) The prevailing party in any proceeding under this subsection is entitled to an award for counsel fees as determined by the court.

(d) The failure of the board of directors or other governing body of the homeowners association to enforce a provision of this title, the declaration, or bylaws on any occasion is not a waiver of the right to enforce the provision on any other occasion.

(e) This section does not apply to the Columbia Association or the village community associations for the villages of Columbia in Howard County.
Md. Code, Alcoholic Beverages and Cannabis § 11-1007 — MD Code / Article gab / Title 11 / Subtitle 10 / Section 11-1007
§11–1007.
Status: in_force

(a) There is a racetrack license.

(b) (1) The Board may issue the license to the owner of a licensed racing establishment that holds race meetings at which pari–mutuel betting is allowed.

(2) There are no residential or voting qualifications for a license applicant.

(c) The racetrack license authorizes:

(1) the sale of beer, wine, and liquor in a location of the licensed racing establishment not covered by a racetrack concessionaire license that is issued in accordance with § 11–1007.1 of this subtitle; and

(2) the playing of music and dancing on the licensed premises.

(d) Beer, wine, and liquor sold under a racetrack license may be carried and consumed anywhere on the licensed premises.

(e) (1) The license holder may sell alcoholic beverages Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(2) A holder of a racetrack license need not obtain a Sunday license to sell alcoholic beverages on Sunday.

(f) A racetrack license may not be counted as a Class B license or a Class H license under § 11–1609 of this title.

(g) The annual license fee is $25,000 to be paid to the Board on or before January 1 for the racing of the preceding year.
Md. Code, Criminal Procedure § 11-614 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-614
§11–614.
Status: in_force

(a) If practicable, the State’s Attorney should:

(1) notify an eligible victim of the victim’s right to request restitution; and

(2) help the victim to prepare the request and advise the victim as to the steps for collecting restitution that is awarded.

(b) If a victim cannot be located, all money collected from a judgment of restitution shall be treated as abandoned property under Title 17 of the Commercial Law Article.
Md. Code, Education § 11-203 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: reserved

(a) (1) Subject to paragraph (2) of this subsection, the Commission may require any institution of postsecondary education that is required to obtain a certificate of approval or an institution of higher education that is required to register under § 11–202.2 of this subtitle to furnish a performance bond or other form of financial guarantee for either the certificate of approval or the registration to the State conditioned that the institution will:

(i) Perform faithfully all agreements or contracts it makes with its students; and

(ii) Comply with this article.

(2) In addition to and separate from the requirements of subsection (d)(4) of this section, the Commission shall require each private career school and for–profit institution of higher education that operates in the State, and each for–profit institution of higher education that is required to register with the Commission under § 11–202.2 of this subtitle, to furnish a performance bond or irrevocable letter of credit in an amount equal to the school’s or institution’s non–Title IV adjusted gross tuition and fees for the prior July 1 through June 30.

(b) (1) Except as provided under subsection (a)(2) of this section and subject to paragraph (2) of this subsection, any bond or guarantee required under this section shall be in the form and amount the Secretary requires.

(2) A performance bond or irrevocable letter of credit required under this section shall be between the surety and the Commission.

(c) (1) The total liability of a surety on a bond or guarantee under this section may not exceed the amount of the bond or guarantee.

(2) If the total amount of claims filed against a bond or guarantee exceeds the amount of the bond or guarantee, the surety shall pay the amount of the bond or guarantee to the Secretary for distribution to the claimants.

(d) (1) By regulation, the Commission:

(i) May create and provide for the operation of two separate guaranty funds for:

1. For–profit institutions of higher education; and

2. Private career schools; and

(ii) May create and provide for the operation of a guaranty fund for institutions of higher education that are required to register under § 11–202.2 of this subtitle.

(2) (i) The for–profit institutions of higher education fund and the private career school fund shall be used:

1. In the event of a school closure by a for–profit institution of higher education or a private career school, to provide a full refund of tuition and fees incurred by a student that have not been reimbursed or discharged;

2. Subject to paragraph (3) of this subsection, to provide a refund, as determined by the Secretary, of tuition and fees incurred by a student that have not been reimbursed or discharged, if a for–profit institution of higher education or a private career school fails to:

A. Perform faithfully any enrollment agreement or contract with the student; or

B. Comply with any provisions of this article; or

3. For any other reason directly related to the original purpose of the fund deemed appropriate by the Secretary.

(ii) 1. The fund for institutions of higher education that are required to register under § 11–202.2 of this subtitle shall be used to reimburse any student at any of these institutions who is entitled to a refund of tuition and fees because the institution has failed to perform faithfully any agreement or contract with the student or failed to comply with any provision of this article.

2. A. After 3 years of claims history during which no claim against the fund has been sustained on behalf of a Maryland student participating in a fully online distance education program offered in the State by an institution registered under § 11–202.2 of this subtitle, the Commission shall exempt that institution from the requirement to contribute to the fund.

B. Notwithstanding subsubsubparagraph A of this subsubparagraph, an institution shall be required to contribute to the fund following a claim against the fund being sustained on behalf of a Maryland student participating in a fully online distance education program offered in the State by the institution.

3. Notwithstanding subsubparagraph 2 of this subparagraph, a student who takes courses from an institution exempted from contribution to the fund under subsubparagraph 2 of this subparagraph may make a claim against the fund in accordance with subsubparagraph 1 of this subparagraph.

(iii) 1. The funds shall be continuing, nonlapsing funds, not subject to § 7–302 of the State Finance and Procurement Article.

2. Any unspent portions of the funds may not be transferred or revert to the General Fund of the State, but shall remain in the funds to be used for the purposes specified in this subsection.

3. No other State money may be used to support the funds.

(iv) The Commission shall be subrogated to and may enforce the claim of any student to the extent of any actual or authorized reimbursement from the funds.

(3) (i) Subject to subparagraph (ii) of this paragraph, a student shall follow the complaint process of the institution before making a claim under paragraph (2)(i)2 of this subsection to a guaranty fund established under this section.

(ii) If an institution does not respond within 30 days after the receipt of a complaint filed under subparagraph (i) of this paragraph, the student may make a claim to a guaranty fund established under this section.

(4) (i) Each for–profit institution of higher education or private career school that is required to obtain a certificate of approval and, subject to paragraph (2)(iii)2 of this subsection, each institution of higher education required to register under § 11–202.2 of this subtitle shall pay an annual fee into the appropriate fund.

(ii) The Commission shall determine the amount of the fee based on the probable amount of money needed for the funds for each fiscal year. If the money in the guaranty funds is insufficient to satisfy duly authorized claims, the participating institutions may be reassessed and shall pay the additional amounts required.

(iii) The Commission may not issue a certificate of approval or registration to, and shall revoke any certificate of approval or registration previously issued to, an institution that fails to pay any annual fee or reassessment.

(iv) The Commission shall deposit into the appropriate fund any penalty assessed against a for–profit institution of higher education, institution of higher education required to register under § 11–202.2 of this subtitle, or private career school, respectively, under the terms of § 11–204 of this subtitle.

(5) (i) The funds shall be maintained by the State Comptroller who may deposit the assets of the funds in any manner that is consistent with the purposes of the funds.

(ii) All interest or other return on fund investments shall be credited to the funds.

(6) The Commission, through the Attorney General, may enforce any claim to which the Commission has been subrogated under this subsection.

(e) (1) An institution that closes one or more programs in a manner that is a disorderly closure as defined in § 11–211 of this subtitle is in violation of the enrollment agreement or other contract with a student enrolled at the time of the closure.

(2) (i) A Maryland student enrolled in an institution within 120 days before the date of the disorderly closure shall be entitled to reimbursement from the performance bond or irrevocable letter of credit of all non–Title IV tuition and fees paid to the institution.

(ii) Reimbursement made under subparagraph (i) of this paragraph shall be issued to all Maryland students, including those who transfer to another institution.

(3) The Commission shall adopt regulations to carry out the provisions of this subsection.

(f) On or before December 1 each year, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, regarding:

(1) The number of claims made against each guaranty fund established under this section;

(2) The type, size, and program of the institutions against which the claims are made;

(3) The reason for the claim, including whether the private career school or for–profit institution of higher education closed and, if so, whether some students were able to finish their program despite the closure and, if so, how many;

(4) The number of claims that are approved and the associated payouts from the funds; and

(5) The number of claims that are denied.
Md. Code, Alcoholic Beverages and Cannabis § 11-1702 — MD Code / Article gab / Title 11 / Subtitle 17 / Section 11-1702
§11–1702.
Status: in_force

(a) (1) Subject to subsection (b) of this section, the Board may not approve an application for the transfer of a license unless:

(i) all obligations of the transferor pertaining to the licensed establishment have been paid; or

(ii) an arrangement concerning debts and obligations satisfactory to the transferor’s creditors has been made.

(2) Paragraph (1) of this subsection also applies to approval of an application for a new license if the Board believes that the application is being used to avoid provisions regarding the transfer of a license.

(b) (1) The Board is not bound by subsection (a) of this section unless:

(i) a creditor submits a claim, under affidavit, to the Board before the hearing held on the transfer; and

(ii) the claim involves an indebtedness incurred through the purchase or sale of alcoholic beverages in connection with the licensed premises.

(2) If the Board determines that a properly filed claim is outside the expertise of the Board, the Board may approve an application for the transfer of a license or an application for a new license if there is:

(i) an amicable resolution of the claim; or

(ii) a judicial determination on the claim.

(c) Within 1 year after the date of final approval by the Board, and in accordance with all applicable laws and regulations on transfers of licenses, an approved applicant may transfer the license to other premises within one–half mile if the premises for which the license was issued is:

(1) substantially destroyed by fire, explosion, or catastrophe;

(2) taken by condemnation;

(3) taken by the exercise of the power of eminent domain; or

(4) no longer leased by the license holder due to the delay of a court case or other administrative process delay.
Md. Code, Commercial Law § 11-606 — MD Code / Article gcl / Title 11 / Subtitle 6 / Section 11-606
§11–606.
Status: in_force

Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $300 or imprisonment not exceeding 90 days or both.
Md. Code, Tax - General § 11-1A-03 — MD Code / Article gtg / Title 11 / Subtitle 1A / Section 11-1A-03
§11–1A–03.
Status: in_force

The rate of the special use tax on electricity is 0.062 cents for each kilowatt hour of electricity that is subject to the tax.
Md. Code, Business Occupations and Professions § 11-401 — MD Code / Article gbo / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

(a) Except as otherwise provided in this subtitle, an individual shall be licensed by the Board before the individual may provide pilotage in the State.

(b) An individual may provide pilotage to a vessel in distress until a licensed pilot comes on board and offers to provide pilotage.

(c) A person who provides pilotage without a license is liable for any damages that result.
Md. Code, Local Government § 11-205 — MD Code / Article glg / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

(a) (1) To elect to stand trial for a civil infraction, the defendant shall provide notice of intention to stand trial to the county at least 5 days before the payment date specified in the citation.

(2) After receiving the notice of intention to stand trial, the county shall forward a copy of the citation to the District Court having venue.

(3) After receiving the citation, the District Court shall:

(i) schedule the case for trial; and

(ii) notify the defendant of the trial date.

(b) (1) The county shall send a formal notice of the civil infraction to the defendant’s last known address if a defendant:

(i) does not file a notice of intention to stand trial for the civil infraction within the time required under subsection (a) of this section; and

(ii) does not pay the fine for the civil infraction by the payment date specified in the citation.

(2) If the citation has not been satisfied within 15 days after the date of the notice, the county shall assess an additional fine not exceeding twice the original fine.

(3) If the citation has not been satisfied within 35 days after the date of the notice, the county may request adjudication of the case in the District Court.

(4) After receiving a request from the county, the District Court shall promptly:

(i) schedule the case for trial; and

(ii) summon the defendant to appear.

(5) A defendant’s failure to respond to a summons issued under paragraph (4) of this subsection is contempt of court.
Md. Code, Correctional Services § 11-317 — MD Code / Article gcs / Title 11 / Subtitle 3 / Section 11-317
§11–317.
Status: reserved

(a) This section applies to incarcerated individuals transferred to a center or regional center from a local correctional facility.

(b) (1) A center director may recommend to the court that an incarcerated individual in a local correctional facility be placed in a center based on locally established procedures.

(2) If a center director makes a recommendation as provided under paragraph (1) of this subsection, the judge ordering the confinement, or, if that judge is unable to act, another judge of the court that committed the incarcerated individual may approve the placement of the incarcerated individual in a center.

(c) (1) The center director may make a recommendation to a court that an incarcerated individual in a center be released from custody.

(2) The recommendation shall be based on a report of the incarcerated individual’s performance in the center.

(3) If a center director recommends the release of an incarcerated individual, the judge who ordered the confinement, or if that judge is unable to act, another judge of the court that committed the incarcerated individual may order the release of the incarcerated individual from custody.

(d) (1) Subject to § 11–318 of this subtitle, the center director may revoke the participation of an incarcerated individual.

(2) (i) If the remaining term of confinement of the incarcerated individual exceeds 12 months, the court that committed the incarcerated individual may designate the Division of Correction as the agency of custody.

(ii) The decision of the judge shall be based on a report of the center director to the judge that shows cause for revocation.
Md. Code, Correctional Services § 11-304 — MD Code / Article gcs / Title 11 / Subtitle 3 / Section 11-304
§11–304.
Status: in_force

(a) This subtitle does not affect:

(1) the authority granted under Subtitles 1 and 7 of this title; or

(2) a work release program established under Subtitles 1 and 7 of this title.

(b) (1) With the approval of the Secretary, a county may convert a work release program established under Subtitles 1 and 7 of this title into a center that is subject to this subtitle.

(2) The Secretary shall adopt regulations for the conversion of a work release program into a center.
Md. Code, Real Property § 11-115 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-115
§11–115.
Status: in_force

Subject to the provisions of the declaration or bylaws and other provisions of law, a unit owner:

(1) May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium;

(2) May not alter, make additions to, or change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the council of unit owners;

(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. However, prior approval shall be given by the council of unit owners or its authorized designee and an amendment to the declaration and plat(s) shall be filed among the land records of the county in which the condominium is located under the name of the condominium. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries.
Md. Code, Labor and Employment § 11-1403 — MD Code / Article gle / Title 11 / Subtitle 14 / Section 11-1403
§11–1403.
Status: in_force

(a) The purpose of the Program is to provide matching grants to eligible entities to create and expand on successful recruitment and retention strategies that address the range of potential barriers to increasing the number of direct care workers.

(b) The goal of the Program is to ensure the availability of trained direct care workers across the State.
Md. Code, Transportation § 11-159 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-159
§11–159.
Status: in_force

(a) “Special mobile equipment” means, except as provided in subsection (c) of this section, a vehicle that:

(1) Is not used primarily for highway transportation of people or property; and

(2) Is operated or moved on a highway only as an incident to its nonhighway use.

(b) “Special mobile equipment” includes a road construction or maintenance machine, mobile crane, ditchdigger, well driller, concrete mixer, jobsite office vehicle, or portable power generator.

(c) “Special mobile equipment” does not include a farm tractor or any farm equipment.
Md. Code, Agriculture § 11-204.5 — MD Code / Article gag / Title 11 / Subtitle 2 / Section 11-204.5
§11–204.
Status: in_force

§11–204.5.

Subject to the provisions of the Administrative Procedure Act, the Secretary may deny, suspend, or revoke the registration for a weight and measure if:

(1) The weight and measure does not meet the requirements of this title; or

(2) An owner or possessor uses the weight and measure in violation of this title or in violation of any regulation adopted by the Secretary under this title.
Md. Code, Tax - General § 11-406 — MD Code / Article gtg / Title 11 / Subtitle 4 / Section 11-406
§11–406.
Status: in_force

(a) (1) If the nature of a vendor’s business makes the collection of the sales and use tax at the time of a retail sale impracticable, the vendor may submit to the Comptroller an application for authority to prepay the tax.

(2) If the Comptroller approves the application, the Comptroller may impose on the applicant any condition that is reasonable under the circumstances.

(3) If the Comptroller denies an application or imposes a condition on the applicant, the Comptroller shall:

(i) give the applicant notice of the action; and

(ii) schedule a prompt hearing for review of the action.

(4) An applicant may waive the hearing under paragraph (3) of this subsection.

(b) A vendor who obtains authority to prepay the tax under this section:

(1) shall pay the sales and use tax to the Comptroller; and

(2) may not collect the sales and use tax from the buyer as a separately stated item.
Md. Code, Tax - General § 11-502.2 — MD Code / Article gtg / Title 11 / Subtitle 5 / Section 11-502.2
§11–502.
Status: in_force

§11–502.2.

For periods beginning after December 31, 2026, a person shall file a sales and use tax return electronically.
Md. Code, Corporations and Associations § 11-412 — MD Code / Article gca / Title 11 / Subtitle 4 / Section 11-412
§11–412.
Status: in_force

(a) The Commissioner by order may deny, suspend, or revoke any registration if the Commissioner finds that the order is in the public interest and that the applicant or registrant or, in the case of a broker–dealer or investment adviser, any partner, officer, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the broker–dealer or investment adviser:

(1) Has filed an application for registration which, as of its effective date or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;

(2) Has willfully violated or willfully failed to comply with any provisions of this title, a predecessor act, or any rule or order under this title or a predecessor act;

(3) Has been convicted, within the last 10 years, of a felony, or of an offense that:

(i) Involves the taking of a false oath, the making of a false report, bribery, perjury, burglary, or attempt or conspiracy to commit any of those offenses;

(ii) Arises out of the conduct of business as, or employment by or association with, a broker–dealer, municipal or government securities broker or dealer, investment adviser, bank, savings institution, trust company, credit union, savings and loan association, insurance company or insurance producer, fiduciary, investment company, accountant, or real estate agent or broker, or any entity or person required to be registered under the Commodity Exchange Act; or

(iii) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds or securities, or an attempt or conspiracy to commit any of those offenses;

(4) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practices involving any aspect of the securities or investment advisory or any other financial services business;

(5) Is the subject of an order of the Commissioner denying, suspending, or revoking registration as a broker–dealer, agent, investment adviser, or investment adviser representative;

(6) Is the subject of an order entered within the past five years by the securities administrator or any other financial services regulator of any state or by the Securities and Exchange Commission denying, suspending, or revoking registration as a broker–dealer, investment adviser, investment adviser representative, or agent or the substantial equivalent of those terms as defined in this title, or any other financial services license or registration, or is the subject of an order by the Commodity Futures Trading Commission denying, suspending, or revoking registration under the Commodity Exchange Act, or is suspended, expelled, or barred from a national securities exchange or national securities association registered under the Securities Exchange Act of 1934 either by action of a national securities exchange or national securities association, the effect of which action has not been stayed by appeal or otherwise, or by order of the Securities and Exchange Commission, or is the subject of a United States post office fraud order, but:

(i) The Commissioner may not institute a revocation or suspension proceeding under this item (6) more than one year from the date of the order or action relied on; and

(ii) The Commissioner may not enter an order under this item (6) on the basis of an order under another state act unless that order was based on facts which would currently constitute a ground for an order under this section;

(7) Has engaged in dishonest or unethical practices in the securities or investment advisory or any other financial services business;

(8) Is insolvent, either in the sense that the person’s liabilities exceed assets or in the sense that the person cannot meet obligations as they mature, but the Commissioner may not enter an order against a broker–dealer or investment adviser under this item (8) without a finding of insolvency as to the broker–dealer or investment adviser;

(9) Is not qualified on the basis of factors such as training, experience, and knowledge of the securities or investment advisory or any other financial services business, except as otherwise provided in subsection (c) of this section;

(10) Has failed reasonably to supervise the broker–dealer’s agents, if the person is a broker–dealer, or the investment adviser’s representatives, if the person is an investment adviser;

(11) Has failed to pay the proper fee, but the Commissioner may enter only a denial order under this item (11), and the Commissioner shall vacate the order when the deficiency is corrected;

(12) Is subject to a request from the Child Support Administration to suspend or revoke a registration based on failure to pay support obligations;

(13) Refuses to allow the Commissioner to conduct or otherwise impedes the Commissioner in conducting an audit or inspection under § 11–411(f) of this subtitle or refuses access to a registrant’s office to conduct an audit or inspection under § 11–411(f) of this subtitle; or

(14) Is the subject of a cease and desist order issued by the Securities and Exchange Commission or issued under the securities, commodities, investment, franchise, banking, finance, or insurance laws of a state.

(b) (1) In this subsection, “final administrative order” does not include an order that is stayed or subject to further review or appeal.

(2) If an applicant for initial registration discloses the existence of a final judicial or administrative order to the Commissioner before the effective date of the initial registration, the Commissioner may not institute a suspension or revocation proceeding based solely on the judicial or administrative order unless the proceeding is initiated within one year after the effective date of the applicant’s initial registration.

(c) The following provisions govern the application of subsection (a)(9) of this section:

(1) The Commissioner may not enter an order against a broker–dealer on the basis of the lack of qualification of any person other than that broker–dealer if the broker–dealer is an individual, or an agent of the broker–dealer;

(2) The Commissioner may not enter an order against an investment adviser on the basis of the lack of qualification of any person other than that investment adviser if the investment adviser is an individual, or an investment adviser representative of the investment adviser;

(3) The Commissioner may not enter an order solely on the basis of lack of experience if the applicant or registrant is qualified by training or knowledge or both;

(4) The Commissioner shall consider that an agent who will work under the supervision of a registered broker–dealer need not have the same qualifications as a broker–dealer and that an investment adviser representative who will work under the supervision of a registered investment adviser need not have the same qualifications as an investment adviser;

(5) The Commissioner shall consider that an investment adviser is not necessarily qualified solely on the basis of experience as a broker–dealer or agent. When the Commissioner finds that an applicant for initial or renewal registration as a broker–dealer is not qualified as an investment adviser, the Commissioner by order may condition the applicant’s registration as a broker–dealer upon the broker–dealer not transacting business in this State as an investment adviser; and

(6) The Commissioner by rule may provide for an examination, which may be written, oral, or both, to be taken by any class of or all applicants. The Commissioner by rule or order may waive the examination requirement as to a person or class of persons if the Commissioner determines that the examination is not necessary or appropriate in the public interest or for the protection of investors.
Md. Code, Commercial Law § 11-605 — MD Code / Article gcl / Title 11 / Subtitle 6 / Section 11-605
§11–605.
Status: in_force

(a) If the owner of a marked container, his officer, or authorized agent who has personal knowledge of the facts makes oath in writing before any court of competent jurisdiction that he believes that a person has violated any provision of this subtitle with respect to the container, the court, if satisfied that there is reasonable cause, may issue a warrant and cause the alleged violator to be brought into court for the purpose of discovering and obtaining the container.

(b) If the court finds that a person violated any provision of this subtitle, it shall award an unlawfully taken container to its true owner.
Md. Code, Labor and Employment § 11-1402 — MD Code / Article gle / Title 11 / Subtitle 14 / Section 11-1402
§11–1402.
Status: in_force

(a) There is a Direct Care Workforce Innovation Program in the Division.

(b) The Division shall administer the Program.

(c) The Division may adopt regulations to implement this subtitle.
Md. Code, Criminal Procedure § 11-628 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-628
§11–628.
Status: in_force

(a) Notwithstanding any other law, a claim on money in the escrow account has the following priorities in this order:

(1) payments ordered by the Attorney General or a court under § 11-625 of Part II of this subtitle;

(2) subrogation claims of the State under § 11-817 of this title;

(3) a court order of restitution under § 11-603 of this subtitle;

(4) a civil judgment of a victim or victim’s representative; and

(5) a civil judgment of a person, other than a victim or victim’s representative, arising out of the crime.

(b) The Attorney General may bring an action of interpleader or an action for declaratory judgment when the Attorney General is unable to determine the priority of claims and the proper disposition of the escrow account.

(c) After payment of the claims described in subsection (a) of this section, the Attorney General shall deposit the money remaining in the escrow account in the State Victims of Crime Fund that is established under § 11-916 of this title.
Md. Code, Business Occupations and Professions § 11-503 — MD Code / Article gbo / Title 11 / Subtitle 5 / Section 11-503
§11–503.
Status: in_force

Pilotage fees due shall be paid to the Association as collection agent for its members.
Md. Code, Commercial Law § 11-212 — MD Code / Article gcl / Title 11 / Subtitle 2 / Section 11-212
§11–212.
Status: in_force

Any person who willfully violates any of the provisions of § 11-204(a)(1) or (2) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500,000 or imprisonment not exceeding six months or both.
Md. Code, Commercial Law § 11-807 — MD Code / Article gcl / Title 11 / Subtitle 8 / Section 11-807
§11–807.
Status: in_force

Nothing in this subtitle deprives an owner of goods of any remedy which he might have against a consignee on any matter or contract between them or for the violation of any engagement, duty, or debt for which the consignee is liable, subject, however, to the right of the consignee to have the benefit of any payment of any debt or damages paid on the contract by a third person.
Md. Code, Alcoholic Beverages and Cannabis § 11-1604 — MD Code / Article gab / Title 11 / Subtitle 16 / Section 11-1604
§11–1604.
Status: in_force

The Board may not issue a Class H beer and light wine license:

(1) for use in conjunction with, on the site of, or to a restaurant in a bowling alley, billiard hall, or drugstore; or

(2) for use in an establishment with a door, an archway, an opening, or other passageway providing direct public access to a bowling alley, billiard hall, or drugstore.
Md. Code, Corporations and Associations § 11-304 — MD Code / Article gca / Title 11 / Subtitle 3 / Section 11-304
§11–304.
Status: in_force

(a) (1) Neither the fact that an application for registration under Subtitle 4 of this title or a registration statement or notice filing under Subtitle 5 of this title has been filed, nor the fact that a person or security is effectively registered constitutes a finding by the Commissioner that any document filed under this title is true, complete, and not misleading.

(2) Neither any such fact nor the fact that an exemption or exception is available for a security or a transaction means that the Commissioner has passed in any way on the merits or qualifications of, or has recommended or given approval to, any person, security, or transaction.

(b) It is unlawful to make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with subsection (a) of this section.
Md. Code, Criminal Procedure § 11-618 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-618
§11–618.
Status: in_force

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

(2) “Agency” means the State Lottery and Gaming Control Agency.

(3) “Video lottery facility” has the meaning stated in § 9–1A–01 of the State Government Article.

(4) “Video lottery operation licensee” has the meaning stated in § 9–1A–01 of the State Government Article.

(b) A certification of arrearage on restitution payments that the Central Collection Unit sends to the Agency under § 11–616 of this subtitle shall contain:

(1) the full name of the restitution obligor and any other name known to be used by the restitution obligor;

(2) the Social Security number of the restitution obligor; and

(3) the amount of the arrearage.

(c) If a restitution obligor who is overdue in restitution payments wins a lottery prize to be paid by check directly by the Agency, the Agency shall send a notice to the restitution obligor that:

(1) the restitution obligor has won a prize to be paid by the State Lottery and Gaming Control Agency;

(2) the State Lottery and Gaming Control Agency has received notice from the Central Collection Unit of the restitution obligor’s restitution arrearage in the amount specified;

(3) State law requires the State Lottery and Gaming Control Agency to withhold the prize and to pay it towards the restitution obligor’s restitution arrearage;

(4) the restitution obligor has 15 days to appeal to the Central Collection Unit if the restitution obligor disputes the existence or the amount of the arrearage; and

(5) on interception of the prize, the State Lottery and Gaming Control Agency will transfer the prize or the part of the prize that equals the restitution arrearage to the Central Collection Unit.

(d) If a restitution obligor who is overdue in restitution payments wins a prize at a video lottery facility requiring the issuance of Internal Revenue Service form W–2G or a substantially equivalent form by a video lottery operation licensee, the video lottery operation licensee shall send a notice to the restitution obligor that:

(1) the restitution obligor has won a prize to be paid by cash or check directly by the video lottery operation licensee;

(2) the State Lottery and Gaming Control Agency has received notice from the Central Collection Unit of the restitution obligor’s restitution arrearage in the amount specified;

(3) State law requires the video lottery operation licensee to withhold the prize and pay it towards the restitution obligor’s restitution arrearage;

(4) the restitution obligor has 15 days to appeal to the Central Collection Unit if the restitution obligor disputes the existence or the amount of the arrearage; and

(5) on interception of the prize, the video lottery operation licensee will transfer the prize or the part of the prize that equals the restitution arrearage to the Central Collection Unit.

(e) (1) The Agency or the video lottery operation licensee shall:

(i) withhold and transfer all or part of the prize up to the amount of the arrearage to the Central Collection Unit; and

(ii) pay the excess to the restitution obligor.

(2) The Agency and a video lottery operation licensee shall honor interception requests in the following order:

(i) an interception request under § 10–113.1 of the Family Law Article;

(ii) an interception request under this section; and

(iii) an interception request under § 3–307 of the State Finance and Procurement Article.

(f) (1) On receipt of a notice from the Agency or a video lottery operation licensee, a restitution obligor who disputes the existence or amount of the arrearage may appeal the transfer.

(2) If an appeal is not filed within 15 days after the date of the notice, the Central Collection Unit may retain the withheld prize.

(3) If the restitution obligor appeals the transfer, after a hearing by the Central Collection Unit, the withheld prize shall be:

(i) paid to the restitution obligor;

(ii) retained by the Central Collection Unit; or

(iii) partly paid to the restitution obligor and partly retained by the Central Collection Unit.

(g) The Secretary of Budget and Management and the Director of the Agency may jointly adopt regulations to carry out this section.

(h) A video lottery operation licensee may not be held liable for an act or omission taken in good faith to comply substantially with the requirements of this section.
Md. Code, Real Property § 11B-103 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-103
§11B–103.
Status: in_force

Except as expressly provided in this title, the provisions of this title may not be varied by agreement, and rights conferred by this title may not be waived. A declarant or vendor may not act under a power of attorney or use any other device to evade the requirements, limitations, or prohibitions of this title.
Md. Code, Correctional Services § 11-723 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-723
§11–723.
Status: in_force

(a) This section applies only in Washington County.

(b) (1) The Sheriff shall:

(i) establish and administer:

1. a home detention program;

2. a work release program; and

3. a pretrial release program; and

(ii) adopt regulations necessary to implement each program established under this section.

(2) At the time of sentencing or at any time during an individual’s confinement, the court may allow an individual who is placed in the custody of the Sheriff to participate in any program established under this section.

(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible to participate in any program established under this section if the incarcerated individual:

(i) is recommended for the program by the court; and

(ii) meets eligibility criteria set by the Sheriff.

(4) An incarcerated individual is not eligible to participate in any program established under this section if the incarcerated individual:

(i) is incarcerated for or has been convicted previously of a crime of violence listed in § 14–101 of the Criminal Law Article; or

(ii) has been found guilty of the crime of:

1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or

2. escape under § 9–404 of the Criminal Law Article.

(5) While participating in any program established under this section an incarcerated individual is responsible for:

(i) the incarcerated individual’s medical care and related expenses; and

(ii) costs of lodging, food, clothing, transportation, restitution, child support, and taxes.

(6) The Sheriff may:

(i) collect a reasonable fee from each incarcerated individual participating in any program established under this section; or

(ii) waive or reduce the fee.

(7) The Sheriff may determine the maximum number of incarcerated individuals that may participate in any program established under this section.

(8) An incarcerated individual who knowingly violates a term or a condition of any program established under this section is subject to the penalties provided under § 11–726 of this subtitle and to other disciplinary action provided by law.
Md. Code, Land Use § 11-203 — MD Code / Article glu / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

(a) A zoning official may deliver a citation to a person who has committed a civil zoning violation.

(b) (1) The citation shall contain:

(i) the name and address of the person charged;

(ii) the nature of the violation, including the provision violated;

(iii) the location and time of the violation;

(iv) the amount of the fine;

(v) the manner, location, and time for payment of the fine; and

(vi) notice of the cited person’s right to elect to stand trial for the violation and how to exercise that right.

(2) The citation shall bear a certification attesting to the truth of the matters set forth in the citation.

(c) The zoning official shall keep a copy of the citation.
Md. Code, Agriculture § 11-308 — MD Code / Article gag / Title 11 / Subtitle 3 / Section 11-308
§11–308.
Status: in_force

If any commodity is sold on the basis of weight, the net weight of the commodity shall be used. Every contract concerning any commodity shall be construed in accordance with this section.
Md. Code, Transportation § 11-103.3 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-103.3
§11–103.
Status: in_force

§11–103.3.

“All–terrain vehicle” means a motor vehicle that:

(1) (i) Is designed for off–highway use;

(ii) Operates on at least three low–pressure tires;

(iii) Has a seat or saddle designed to be straddled by the operator;

(iv) Has handlebars for steering;

(v) Is intended by the manufacturer to be operated by a single operator; and

(vi) May be designed to carry one passenger; or

(2) (i) Is designed for off–highway use;

(ii) Operates on four or more low–pressure tires;

(iii) Has a bench or bucket–style seating; and

(iv) Has a steering wheel for steering.
Md. Code, Financial Institutions § 11-504 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-504
§11–504.
Status: in_force

A person may not act as a mortgage lender unless the person is:

(1) A licensee; or

(2) A person exempted from licensing under this subtitle.
Md. Code, Financial Institutions § 11-506.1 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-506.1
§11–506.
Status: in_force

§11–506.1.

(a) This section does not apply to any corporation the securities of which are exempt from registration under § 11–601(8) or (12) of the Corporations and Associations Article.

(b) In connection with an initial application for a license under § 11–507 of this subtitle, and at any other time the Commissioner requests, an applicant or licensee shall provide to NMLS information concerning the applicant’s identity, including:

(1) Fingerprints for submission to the Federal Bureau of Investigation, and any other governmental agency or entity authorized to receive this information, for a state, national, or international criminal history background check; and

(2) Personal history and experience in a form prescribed by NMLS, including the submission of authorization for NMLS and the Commissioner to obtain:

(i) An independent credit report from a consumer reporting agency described in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681a(p); and

(ii) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction.

(c) The Commissioner may request from the Federal Bureau of Investigation or NMLS, as applicable, for each applicant or licensee who is required to provide fingerprints under subsection (b) of this section:

(1) (i) The state, national, or international criminal history records of the applicant or licensee; and

(ii) A printed statement listing any conviction or other disposition of, and any plea of guilty or nolo contendere to, any criminal charge;

(2) (i) An update of the initial criminal history records check or criminal history background check of the applicant or licensee; and

(ii) A revised statement listing any conviction or other disposition of, and any plea of guilty or nolo contendere to, any criminal charge occurring after the date of the initial criminal history records check or criminal history background check; and

(3) An acknowledged receipt of the application for a criminal history records check or criminal history background check of the applicant or licensee.

(d) An applicant or licensee who is required to provide fingerprints under subsection (b) of this section shall pay any processing or other fees required by the Federal Bureau of Investigation and NMLS.

(e) To implement this subtitle, the Commissioner may use NMLS as a channeling agent to request information from and distribute information to the Department of Justice, any other governmental agency with subject matter jurisdiction, and any other state licensing entity that has loan originators registered with NMLS.
Md. Code, Business Regulation § 11-820 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-820
§11–820.
Status: in_force

(a) The Commission shall grant a permit to each applicant whose application the Commission approves after the applicant pays the permit fee that the Commission requires.

(b) A permit shall state the specific location where the permit applies.

(c) If the Commission approves, an applicant for a permit may change the location for which a satellite simulcast facility is being applied.
Md. Code, Business Regulation § 11-631 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-631
§11–631.
Status: in_force

Each licensee shall provide for the running of Fund Races.
Md. Code, Courts and Judicial Proceedings § 11-512 — MD Code / Article gcj / Title 11 / Subtitle 5 / Section 11-512
§11–512.
Status: in_force

If a sheriff is prevented by an injunction from selling personal property taken in execution, the court may order the return of the property taken to the party from whom it was taken, and the sheriff is not answerable to the plaintiff for failure to sell the property.
Md. Code, Economic Development § 11-310 — MD Code / Article gec / Title 11 / Subtitle 3 / Section 11-310
§11–310.
Status: in_force

(a) (1) The Board shall appoint the Executive Director of the authority.

(2) The Executive Director serves at the pleasure of the Board.

(3) The Board shall determine the salary of the Executive Director.

(b) (1) The Executive Director is the chief operating officer of the authority.

(2) The Executive Director shall manage the administrative affairs and technical activities of the authority in accordance with policies and procedures that the Board establishes.

(c) The Executive Director shall:

(1) attend all meetings of the Board;

(2) act as secretary to the Board;

(3) keep minutes of the proceedings of the Board;

(4) approve salaries, per diem payments, allowable expenses of the authority and its employees or consultants, and any expenses incidental to the operation of the authority; and

(5) perform the other duties that the Board directs in carrying out this subtitle.
Md. Code, Business Regulation § 11-202 — MD Code / Article gbr / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

(a) The Commission consists of 9 members, appointed by the Governor with the advice and consent of the Senate.

(b) At the time of appointment and qualification:

(1) each member shall be:

(i) at least 25 years old;

(ii) a resident of the State who has resided in the State for at least the last 5 years;

(iii) a qualified voter of the State; and

(iv) an individual who has not been convicted of a crime that involves moral turpitude;

(2) at least 3 members of the Commission shall be knowledgeable or experienced in an aspect of thoroughbred racing; and

(3) at least 3 other members shall be knowledgeable or experienced in an aspect of harness racing.

(c) (1) A member of the Commission may not hold an official relation to a licensee or hold any stocks, bonds, or other financial interest in a licensee.

(2) Not more than 4 members who are appointed after July 1, 1989, may have a financial interest in racing in the State.

(3) Not more than 6 members may be of the same political party.

(d) Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.

(e) (1) The term of a member of the Commission is 4 years and begins on July 1.

(2) The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 1992.

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

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(f) (1) Subject to the hearing requirements of subsection (g) of this section, the Governor, with the advice of the Secretary, may remove a member of the Commission for inefficiency, misconduct in office, or neglect of duty.

(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.

(g) (1) Before the Governor removes a member, the Governor shall give the member an opportunity for a public hearing.

(2) At least 10 days before the hearing, the Governor shall give the member:

(i) a copy of the charges; and

(ii) notice of the time and place of the hearing.

(3) The member may be represented at the hearing by counsel.

(4) If the Governor removes a member, the Governor shall submit to the Secretary of State:

(i) a statement of all charges made against the member;

(ii) the findings of the Governor; and

(iii) a record of the proceedings.
Md. Code, Criminal Law § 11-106 — MD Code / Article gcr / Title 11 / Subtitle 1 / Section 11-106
§11–106.
Status: in_force

For purposes of §§ 11-101 through 11-105 of this subtitle, an employee of a person who operates premises where a public display violates this subtitle is presumed to have been the operator of the premises when the violation occurred if the employee was on the premises at the time of the violation.
Md. Code, Correctional Services § 11-307 — MD Code / Article gcs / Title 11 / Subtitle 3 / Section 11-307
§11–307.
Status: in_force

(a) (1) If the Secretary determines and certifies that there is a present need for a center or regional center, the county or counties in a region shall promptly initiate and pursue appropriate procedures to select a suitable site for the center.

(2) The Secretary shall cooperate with and assist the county or counties in a region in the selection of a site that will be consistent with the standards adopted under § 11-305 of this subtitle.

(3) Before selecting a site, the governing body of a county in which a site is proposed shall hold at least one public hearing in the county.

(b) (1) Subject to paragraph (2) of this subsection, a county may:

(i) acquire a site or facility that is located in the county for use as a center by lease, purchase, condemnation, or other lawful manner; and

(ii) construct or renovate a facility on a site acquired by the county.

(2) A county may not exercise the authority granted under paragraph (1) of this subsection unless the Secretary has determined that:

(i) there is a need for the center;

(ii) the proposed site and facility are appropriate; and

(iii) the facility is or, on completion, will be, consistent with the standards adopted under § 11-305 of this subtitle.

(c) Subject to the requirements of and authority granted under subsection (b) of this section, counties may enter into agreements with each other and with the State for the location, acquisition, construction, and renovation of facilities for a regional center.

(d) If a county is divided into councilmanic districts or contains more than one legislative district, the county may provide by ordinance that it will not place more than one center in a councilmanic or legislative district unless there is a center in each councilmanic or legislative district in the county.

(e) (1) Except as provided in paragraph (2) of this subsection, if a county or the counties in a region fail to submit to the Secretary a proposed site and plans for a facility on it consistent with the standards adopted under § 11-305 of this subtitle within 18 months after the Secretary has certified the need for a center under § 11-306(c) of this subtitle, the Secretary shall declare the county or counties in default.

(2) For good cause shown, the Secretary may extend the time allowed under paragraph (1) of this subsection for not more than 6 months.

(f) (1) Subject to paragraphs (2) and (3) of this subsection, if the Secretary declares a county or counties in a region in default under subsection (e) of this section, the Secretary shall recommend a site for a center or a regional center to the Board of Public Works.

(2) The Secretary may recommend to the Board of Public Works a site for a regional center in lieu of a center that serves a single county.

(3) The Secretary shall make a recommendation for a site:

(i) within 6 months of a default; and

(ii) after holding a public hearing in the county in which the site is proposed.

(4) If the Board of Public Works approves a site, the State may exercise the authority granted to counties under subsection (b) of this section.

(g) A center may not be established or expanded beyond a capacity of 108 beds without the approval of the Secretary and:

(1) for a single county center, the county in which the center is located or is to be located; or

(2) for a regional center, the counties in the region.
Md. Code, Election Law § 11-601 — MD Code / Article gel / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: in_force

(a) On receipt, in accordance with this subtitle, of the returns of an election for electors to choose a President and Vice President of the United States or of an election to choose a member of Congress, the Governor shall, consistent with the returns of the election received by the Governor in accordance with this subtitle:

(1) ascertain and enumerate the number of votes cast for each candidate for President and Vice President of the United States and declare elected the presidential electors of the candidates who receive the highest number of votes; and

(2) in each contest, ascertain and enumerate the number of votes cast for each candidate voted for as a member of Congress and declare elected the candidate who receives the highest number of votes.

(b) After ascertaining and enumerating the number of votes for candidates as required by subsection (a) of this section, the Governor shall:

(1) issue and transmit a certificate of electors under 3 U.S.C. § 5;

(2) sign and issue a proclamation declaring the name of each candidate who is elected; and

(3) cause the proclamation to be posted on the State Board’s website.
Md. Code, Local Government § 11-101 — MD Code / Article glg / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

In this title, “public local law” has the meaning stated in Article XI–F, § 1 of the Maryland Constitution.
Md. Code, Local Government § 11-304 — MD Code / Article glg / Title 11 / Subtitle 3 / Section 11-304
§11–304.
Status: in_force

Subject to § 11–305 of this subtitle, a juvenile curfew ordinance shall state that:

(1) a minor may not remain in a public place or on the premises of an establishment during curfew hours;

(2) a parent or guardian of a minor may not knowingly allow the minor to remain in a public place or on the premises of an establishment during curfew hours; and

(3) the owner, operator, or employee of an establishment may not knowingly allow a minor to remain on the premises of the establishment during curfew hours.
Md. Code, Economic Development § 11-411 — MD Code / Article gec / Title 11 / Subtitle 4 / Section 11-411
§11–411.
Status: in_force

The Corporation may:

(1) adopt bylaws for the conduct of its business;

(2) adopt a seal;

(3) maintain an office at the Bainbridge Naval Training Center;

(4) accept loans, grants, or assistance of any kind from the federal or State government, a local government, or a private source;

(5) enter into contracts and other legal instruments;

(6) sue and be sued in its own name;

(7) acquire, purchase, hold, lease as lessee, and use any franchise, patent, or license and real, personal, mixed, tangible, or intangible property, or any interest in property, necessary or convenient to carry out its purposes;

(8) sell, lease as lessor, transfer, and dispose of its property or interest in property;

(9) fix and collect rates, rentals, fees, and charges for services and facilities it provides or makes available;

(10) with the owner’s permission, enter land, waters, or premises to make a survey, sounding, boring, or examination to accomplish a purpose authorized by this subtitle;

(11) exercise a power usually possessed by a private corporation in performing similar functions, unless to do so would conflict with State law; and

(12) do all things necessary or convenient to carry out the powers expressly granted by this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 11-2503 — MD Code / Article gab / Title 11 / Subtitle 25 / Section 11-2503
§11–2503.
Status: in_force

(a) This section does not apply to the room of a registered guest in a hotel, motel, or hospice.

(b) Except as provided elsewhere in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in:

(1) a restaurant, tavern, hotel, club, dance studio, or disco;

(2) a place open to the public;

(3) a place of public entertainment;

(4) a place that is licensed by the State or the county; or

(5) a place at which setups or other component parts of mixed alcoholic drinks are sold under a license issued under the Business Regulation Article.

(c) An owner or a manager of an establishment or a place specified in subsection (b) of this section may not knowingly allow consumption of alcoholic beverages between the hours provided in subsection (b) of this section.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250.
Md. Code, Alcoholic Beverages and Cannabis § 11-2401 — MD Code / Article gab / Title 11 / Subtitle 24 / Section 11-2401
§11–2401.
Status: in_force

Title 4, Subtitle 9 (“Judicial Review”) of Division I of this article applies in the county without exception or variation.
Md. Code, Economic Development § 11-305 — MD Code / Article gec / Title 11 / Subtitle 3 / Section 11-305
§11–305.
Status: in_force

(a) An authority is a body politic and corporate and is an instrumentality of the State once the State Department of Assessments and Taxation accepts the articles of incorporation for record.

(b) The exercise by an authority of a power under this subtitle is the performance of an essential governmental function.
Md. Code, Public Safety § 11-117 — MD Code / Article gps / Title 11 / Subtitle 1 / Section 11-117
§11–117.
Status: in_force

(a) If a person has been convicted of a violation of § 11–114(a) and (b) of this subtitle, or of a violation of §§ 11–115(a) and 11–114(b) of this subtitle, and the convictions arise out of the same transaction, the conviction under § 11–114(a) or § 11–115(a) of this subtitle merges into the conviction under § 11–114(b) of this subtitle.

(b) If a person has been convicted of two or more violations under this subtitle and has been penalized under § 11–114(g), § 11–115(e), or § 11–116 of this subtitle for one violation, the person is not subject to an additional penalty under § 11–116 of this subtitle.
Md. Code, Criminal Procedure § 11-917 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-917
§11–917.
Status: in_force

(a) (1) The Fund is a special continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.

(2) The Treasurer shall separately hold and the Comptroller shall account for the Fund.

(3) The Comptroller shall make payments from the Fund that the Board approves.

(b) (1) The Fund shall be invested and reinvested in the same manner as other State funds.

(2) Any investment earnings shall be credited to the Fund.

(c) This section does not prohibit the Fund from receiving money from any source.
Md. Code, Commercial Law § 11-1504 — MD Code / Article gcl / Title 11 / Subtitle 15 / Section 11-1504
§11–1504.
Status: in_force

This subtitle may be cited as the “Truth in Music Advertising Act”.
Md. Code, Transportation § 11-155 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-155
§11–155.
Status: in_force

“Secured party” means a person who has in his favor a security interest in a vehicle.
Md. Code, Tax - General § 11-102 — MD Code / Article gtg / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

(a) Except as otherwise provided in this title, a tax is imposed on:

(1) a retail sale in the State; and

(2) a use, in the State, of tangible personal property, a digital code, a digital product, or a taxable service.

(b) (1) Subject to paragraph (2) of this subsection, in addition to the tax imposed under subsection (a) of this section, a hotel surcharge is imposed in Dorchester County on the sale of a right to occupy a room or lodgings as a transient guest in an establishment that offers at least 380 rooms.

(2) The hotel surcharge imposed under paragraph (1) of this subsection may not be imposed if the Maryland Economic Development Corporation certifies to the Comptroller that the bonds issued by the Maryland Economic Development Corporation secured by the Dorchester County Economic Development Fund established under § 10–130 of the Economic Development Article have been paid in full.

(c) (1) A county, municipal corporation, special taxing district, or other political subdivision of the State may not impose any retail sales or use tax except:

(i) a sales tax or use tax that was in effect on January 1, 1971;

(ii) a tax on the sale or use of:

1. fuels;

2. utilities;

3. space rentals; or

4. any controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, unless the sale is made by a person who registers under and complies with Title 5, Subtitle 3 of the Criminal Law Article; or

(iii) a tax imposed by a code county on the sale or use of food and beverages authorized under § 20–602 of the Local Government Article.

(2) Paragraph (1) of this subsection may not be construed as conferring authority to impose a sales and use tax.
Md. Code, Business Occupations and Professions § 11-301 — MD Code / Article gbo / Title 11 / Subtitle 3 / Section 11-301
§11–301.
Status: in_force

An individual shall be appointed by the Board before the individual may serve as a pilot-in-training.
Md. Code, Tax - General § 11-201 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

(a) The sales and use tax does not apply to a sale of the following items for an agricultural purpose:

(1) livestock;

(2) feed or bedding for livestock;

(3) seed, fertilizer, fungicide, herbicide, or insecticide;

(4) baler twine or wire;

(5) fuel for use in farm equipment or a farm tractor, as defined in §§ 11–120 and 11–121 of the Transportation Article; and

(6) if bought by a farmer:

(i) a container to transport farm products that the farmer raises to market;

(ii) a farm vehicle, as defined in § 13–911(c) of the Transportation Article, when used in farming;

(iii) a milking machine, when used in farming;

(iv) fabrication, processing, or service, by a sawmill, of wood products for farm use in which the farmer retains title; and

(v) farm equipment when used to:

1. raise livestock;

2. prepare, irrigate, or tend the soil; or

3. plant, service, harvest, store, clean, dry, or transport seeds or crops.

(b) Except for flowers, sod, decorative trees and shrubs, and any other product that usually is sold by a nursery or horticulturist, the sales and use tax does not apply to a sale of an agricultural product by a farmer.
Md. Code, Human Services § 11-303 — MD Code / Article ghu / Title 11 / Subtitle 3 / Section 11-303
§11–303.
Status: in_force

A member of the Board:

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

(2) is entitled to reimbursement for necessary expenses incurred in connection with service on the Board as provided in the budget of the Corporation.
Md. Code, Correctional Services § 11-504 — MD Code / Article gcs / Title 11 / Subtitle 5 / Section 11-504
§11–504.
Status: in_force

(a) An incarcerated individual who is sentenced to a local correctional facility shall be allowed an initial deduction from the incarcerated individual’s term of confinement.

(b) The deduction described in subsection (a) of this section shall be calculated:

(1) from the first day of the incarcerated individual’s postsentence commitment to the custody of the local correctional facility to the last day of the incarcerated individual’s maximum term of confinement;

(2) (i) at the rate of 5 days for each calendar month if the incarcerated individual’s term of confinement includes a consecutive or concurrent sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article or a crime of manufacturing, distributing, dispensing, or possessing a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law Article; or

(ii) at the rate of 10 days for each calendar month for all other incarcerated individuals; and

(3) on a prorated basis for any portion of a calendar month.
Md. Code, Education § 11-202.2 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-202.2
§11–202.
Status: in_force

§11–202.2.

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

(2) “Fully online distance education program in the State” means a program, originating outside the State, offered by an out–of–state institution in which:

(i) A student domiciled in Maryland enrolls;

(ii) 51% or more of the program is offered through electronic distribution; and

(iii) The Commission determines that the portion of the program offered at a location in the State, if any, does not require a certificate of approval under § 11–202 of this subtitle for the institution to operate in the State.

(3) “Out–of–state institution” means an institution of higher education whose primary campus exists outside Maryland and whose authority to grant degrees is conferred by another state.

(b) (1) An institution of higher education that enrolls Maryland students in a fully online distance education program in the State shall file an application to register with the Commission before or within 3 months of enrolling the first Maryland student.

(2) This section does not apply to an institution of higher education that enrolls Maryland students in a fully online distance education program in the State that:

(i) Is subject to program review by the Commission under § 11–206 or § 11–206.1 of this subtitle;

(ii) Participates in the Southern Regional Education Board’s Electronic Campus; or

(iii) Participates in the State Authorization Reciprocity Agreement (SARA).

(3) (i) After filing an application under paragraph (1) of this subsection, an institution that has enrolled a Maryland student before obtaining a registration under this section may continue to operate without a registration while the Commission considers the institution’s application, conducts a hearing concerning the institution’s application, or participates in judicial review regarding an institution’s application.

(ii) An institution that continues to operate without a registration under subparagraph (i) of this paragraph shall furnish a performance bond or other form of financial guarantee to the State in an amount set by regulation that is in addition to and separate from a performance bond or other form of financial guarantee required under § 11–203 of this subtitle.

(c) Each institution of higher education required to register under this section shall:

(1) Be accredited by an accrediting body recognized and approved by the United States Department of Education;

(2) Submit to the Commission:

(i) Every 2 years, a financial statement reviewed by an independent accountant retained by the institution;

(ii) An affidavit from the president or chief executive officer of the institution affirming:

1. That the institution has not filed for bankruptcy protection under Title 11 of the United States Code during its existence; and

2. The willingness of the president or the chief executive officer to abide by the provisions of this section;

(iii) Proof of good business standing in the state in which the central administration of the institution is incorporated; and

(iv) Proof of good academic standing submitted by:

1. The regulatory higher education entity in the state in which the central administration of the institution is located; or

2. If the state in which the institution is located does not have a regulatory higher education entity, the accrediting body that accredited the institution;

(3) Promptly notify the Commission of a change in ownership or a change in majority control;

(4) Comply with the Principles of Good Practice for distance education established by the Commission through regulation;

(5) Make public and post on the institution’s website:

(i) Whether the institution is registered in Maryland; and

(ii) The process by which to make complaints against the institution;

(6) Comply with the refund policy and procedures established by the Commission; and

(7) Be subject to complaint investigation by the Office of the Attorney General or the Commission or both.

(d) The refund policy and procedures established by the Commission shall allow for:

(1) (i) At least 2 weeks of required orientation or preenrollment instruction in a fully online distance education program in the State at no charge for a student who has completed less than 24 credits of college–level learning from an accredited institution; and

(ii) A prorated refund methodology that provides a refund to any student not covered by item (i) of this item who has completed 60% or less of a course, term, or program within the applicable billing period; or

(2) A prorated refund methodology that provides a refund to any student who has completed 60% or less of a course, term, or program within the applicable billing period.

(e) (1) Subject to paragraph (2) of this subsection, the Commission shall require the payment of a fee set by regulation, as a condition of registration.

(2) (i) Subject to subparagraph (ii) of this paragraph, the fees charged shall be:

1. A fixed amount for all institutions regardless of type, location, or student enrollment; and

2. Set to cover the approximate cost of implementing a system of registration.

(ii) Notwithstanding subparagraph (i) of this paragraph, the Commission may charge an institution that enrolls not more than 20 Maryland students a fee that is less than the amount of the fee charged to other institutions.

(f) The Commission shall make public and post on its website:

(1) A list of registered institutions of higher education that offer fully online distance education programs in the State; and

(2) If the Commission denies or revokes the registration of an institution, the name of the denied or revoked institution.

(g) On or before December 1 each year, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly:

(1) The number of institutions of higher education that apply for registration under this section;

(2) The type and size of the institutions that apply;

(3) The number of institutions approved for registration;

(4) The number of institutions denied registration;

(5) The number of Maryland students enrolled in institutions required to register under this section;

(6) The results of the requirements of § 11–202.3 of this subtitle;

(7) The number of institutions found to be in violation of the requirement to register under this section;

(8) Any fines imposed, and in what amounts, on institutions that violate this section; and

(9) Any fine revenues collected from institutions for violation of this section.
Md. Code, Estates and Trusts § 11-113 — MD Code / Article get / Title 11 / Subtitle 1 / Section 11-113
§11–113.
Status: in_force

(a) If a decedent consented in a written record to use of the decedent’s genetic material for posthumous conception in accordance with the requirements of § 20–111 of the Health – General Article, the following shall be filed with the register of wills for the county in which the decedent’s estate is probated in the State or, if there is no probate estate filed, with the register of wills for the county in which the decedent was domiciled in the State at the date of death:

(1) A copy of a posthumously conceived child’s birth record; and

(2) The written consents required by § 1–205(a)(2) or § 3–107(b) of this article.

(b) (1) Subject to paragraph (2) of this subsection, the written consents required by § 1–205(a)(2) or § 3–107(b) of this article shall be filed under subsection (a) of this section within 6 months after the date of the decedent’s death.

(2) With respect to a decedent who dies between October 1, 2012, and May 30, 2013, inclusive, the written consents required by § 1–205(a)(2) or § 3–107(b) of this article shall be filed under subsection (a) of this section by December 1, 2013.

(3) A copy of a posthumously conceived child’s birth record shall be filed within 2 years and 60 days after the date of the decedent’s death.

(c) Absent the filing as required in this section of a posthumously conceived child’s birth record and the written consents required by § 1–205(a)(2) or § 3–107(b) of this article:

(1) A person holding property that passes by reason of the death of the decedent may distribute or deliver the property without liability for a claim by any posthumously conceived child unknown to the person; and

(2) The transferee of any such property shall be entitled to receive the property without liability for a claim by any posthumously conceived child unknown to the transferee.
Md. Code, Business Regulation § 11-809 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-809
§11–809.
Status: in_force

(a) On a race that a licensee holds and simulcasts to an out-of-state facility or on a simulcast of a race that a licensee receives, the licensee may, with the approval of the Commission, combine bets made at the licensee’s track with bets of the same type made at the out-of-state facility where betting is lawful.

(b) This section allows the creation of common mutuel pools for calculating odds and determining payouts.

(c) Bets made at an out-of-state facility may not be considered part of the licensee’s mutuel pools for any purpose other than the purpose stated in subsection (b) of this section.

(d) For races that are held by a licensee in this State and simulcast to an out-of-state facility, the takeout on bets made in this State that are commingled in a common mutuel pool shall be the takeout as prescribed for the licensee by this title.

(e) Notwithstanding any other provision of this title governing the amount of takeout, for a race that is held by an out-of-state facility and simulcast to a licensee in this State, the takeout on bets made in this State that are commingled in a common mutuel pool shall be, subject to the approval of the Commission, as agreed by the licensee and the out-of-state facility.

(f) Notwithstanding any other provision of this title governing the allocation of takeout, for a race that is held by an out-of-state facility and simulcast to a licensee in this State, the allocation of takeout on bets made in this State that are commingled in a common mutuel pool shall be, subject to the approval of the Commission, allocated in the following manner:

(1) to the State for taxes on the handle of the licensee as provided under this title;

(2) to the host racing association where live racing is conducted in an amount determined by the licensee and the out-of-state facility; and

(3) the remainder to the licensee, the applicable pension funds created by this title, purse money, and the applicable bred fund in proportion to their respective shares of the takeout under this title.
Md. Code, Labor and Employment § 11-301 — MD Code / Article gle / Title 11 / Subtitle 3 / Section 11-301
§11–301.
Status: in_force

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

(b) (1) “Employee” means an individual who works for an employer for an hourly or salaried wage or in a managerial and supervisory capacity.

(2) “Employee” does not include individuals who work less than an average of 20 hours per week or have worked for an employer for less than 6 months in the immediately preceding 12 months.

(c) (1) “Employer” means any person, corporation, or other entity that employs at least 50 employees and operates an industrial, commercial, or business enterprise in the State.

(2) “Employer” does not include the State or its political subdivisions or any employer who has been doing business in the State less than 1 year.

(d) “Permanent” means that an employer has not agreed in a written contract to restore operations within 3 months after the time that the reduction in operations occurs.

(e) “Reduction in operations” includes:

(1) the relocation of a part of an employer’s operation from an initial workplace to another existing or proposed site that may reduce the total number of employees at the initial workplace by at least 25% or 15 employees, whichever is greater; or

(2) the shutting down of a workplace or a portion of the operations of a workplace that reduces the total number of employees by at least 25% or 15 employees, whichever is greater, over any 3–month period.

(f) (1) “Workplace” includes a factory, plant, office or other facility where employees produce goods or provide services.

(2) “Workplace” does not include a construction site or other temporary workplace.
Md. Code, Transportation § 11-134 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-134
§11–134.
Status: in_force

“Mobile home” means:

(1) A trailer or semitrailer that is designed, constructed, and equipped as a permanent or temporary living or sleeping place and for use as a conveyance on highways, but that does not qualify as a camping trailer or a travel trailer as these terms are defined in this subtitle; or

(2) A trailer or a semitrailer that has a chassis and exterior shell designed and constructed as described in item (1) of this section, but that is used instead, either permanently or temporarily, for the advertising, sale, display, or promotion of merchandise or services, as an office, or for any other similar purpose, except the transportation of property for hire or the transportation of property for distribution by a private carrier.
Md. Code, Correctional Services § 11-605 — MD Code / Article gcs / Title 11 / Subtitle 6 / Section 11-605
§11–605.
Status: in_force

If the committing court determines that an incarcerated individual’s conduct, diligence, and general attitude merit a diminution of sentence, the court may allow diminution of one–fourth of the incarcerated individual’s term of confinement.
Md. Code, Financial Institutions § 11-510 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-510
§11–510.
Status: in_force

(a) If an applicant does not meet the requirements of this subtitle, the Commissioner shall:

(1) Immediately notify the applicant in writing of this fact;

(2) Return the bond filed under § 11-508 of this subtitle;

(3) Refund the license fee; and

(4) Keep the investigation fee.

(b) Within 30 days after the Commissioner denies an application, the Commissioner shall:

(1) File in the Commissioner’s office a written decision containing the findings and conclusions on which the denial was based;

(2) Send a copy of the decision to the applicant; and

(3) Advise the applicant by certified mail of the applicant’s right to a hearing to be held in accordance with the Administrative Procedure Act.

(c) (1) An applicant who seeks a hearing on a license application denial shall file a written request for a hearing within 45 days following receipt of the advice to the applicant of the applicant’s right to a hearing.

(2) A hearing date established in response to the filing of a notice under this subsection may be postponed only once for a period of up to 30 days after the initial hearing date.
Md. Code, Human Services § 11-603 — MD Code / Article ghu / Title 11 / Subtitle 6 / Section 11-603
§11–603.
Status: in_force

(a) (1) The Corporation shall establish maximum income levels for client eligibility.

(2) The income levels shall be based on the financial ability of a client to pay for competent private counsel and all other necessary expenses of representation.

(b) The maximum income levels established under this section and eligibility guidelines established by each grantee to implement this section shall take into consideration:

(1) the size of the client’s family;

(2) cost of living variations, including differences between urban and rural areas;

(3) the assets and income of the client;

(4) the fixed debts and medical expenses of the client; and

(5) other factors relevant to the client’s ability to pay for the legal services the client requires.

(c) The Corporation may not set the maximum income levels for eligibility under this section at a level greater than 50% of the median family income for the State as certified annually by the United States Department of Health and Human Services.
Md. Code, Correctional Services § 11-509 — MD Code / Article gcs / Title 11 / Subtitle 5 / Section 11-509
§11–509.
Status: reserved

If an incarcerated individual is entitled to a diminution of the incarcerated individual’s term of confinement under this subtitle and is transferred to a hospital or mental institution, the incarcerated individual may not be denied credit authorized by this subtitle.
Md. Code, Labor and Employment § 11-403 — MD Code / Article gle / Title 11 / Subtitle 4 / Section 11-403
§11–403.
Status: in_force

(a) The Division of Workforce Development and Adult Learning is the designated State Apprenticeship Agency under Title 29, C.F.R. Parts 29 and 30.

(b) (1) There is an Apprenticeship and Training Council as part of the Division of Workforce Development and Adult Learning. The Council consists of 12 members all of whom shall be appointed by the Governor of Maryland, with the advice of the Secretary and with the advice and consent of the Senate of Maryland.

(2) Four of the members shall be representatives of employee organizations; one shall be an employee; five shall be representatives of employers; and two shall be appointed from the general public.

(3) (i) The membership of the Council shall, to the extent practicable, reflect the geographic, racial, ethnic, cultural, and gender diversity of the State and shall include representation by individuals with disabilities and individuals who are Asian, Black, and Latino.

(ii) Consultants to the Council shall, to the extent practicable, reflect the geographic, racial, ethnic, cultural, and gender diversity of the State and shall include representation by individuals with disabilities and individuals who are Asian, Black, and Latino.

(4) In advising the Governor, the Secretary shall give consideration to a balanced geographic representation from all of Maryland and a representative sampling and mix of Maryland industry.

(5) One member shall be appointed as Chairman by the Governor, with the advice of the Secretary, and serve as Chairman at the pleasure of the Governor. The Assistant State Superintendent, Career and Technology Education, and the Maryland State Director of the Office of Apprenticeship, U.S. Department of Labor, shall serve as consultants to the Council without vote.

(6) The Governor, with the advice of the Secretary may appoint up to three additional consultants to the Council from the public at large.

(c) All appointments as members of the Council shall be for terms of 4 years.

(d) (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Council meetings held during any consecutive 12–month period while the member was serving on the Council.

(2) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

(3) In accordance with § 8–501 of the State Government Article, the Chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Financial Institutions § 11-605 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-605
§11–605.
Status: in_force

(a) The Commissioner may not issue a mortgage loan originator license unless the Commissioner makes, at a minimum, the following findings:

(1) The applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction;

(2) The applicant has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court:

(i) During the 7–year period immediately preceding the date of the application for licensing; or

(ii) At any time preceding the date of application, if the felony involved an act of fraud, dishonesty, a breach of trust, or money laundering;

(3) The applicant has demonstrated financial responsibility, character, and general fitness sufficient to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently;

(4) The applicant has completed the prelicensing education requirement under § 11–606 of this subtitle and any prelicensing education requirements established by the Commissioner by regulation;

(5) The applicant has passed a test that meets the requirements established under § 11–606.1 of this subtitle and any prelicensing testing requirements established by the Commissioner by regulation; and

(6) The applicant has met the surety bond requirement under § 11–619 of this subtitle.

(b) A conviction for which a pardon has been granted is not a conviction for purposes of subsection (a)(2) of this section.

(c) A determination that an individual does not meet the requirements for financial responsibility under subsection (a)(3) of this section may not be based solely on:

(1) Debts arising from medical expenses, including judgments;

(2) Except for delinquent child support payments, debts, including judgments, arising from divorce proceedings or divorce settlements;

(3) Foreclosures on the applicant’s principal residence;

(4) The applicant’s credit score as reported by any consumer reporting agency, as defined in 15 U.S.C. § 1681a; or

(5) The applicant’s involvement in a bankruptcy proceeding under Title 11 of the United States Code.
Md. Code, Financial Institutions § 11-609 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-609
§11–609.
Status: in_force

(a) Subject to any regulations the Commissioner adopts in connection with the transition to NMLS, an initial license term shall:

(1) Begin on the first day the license is issued; and

(2) Expire on December 31 of the year:

(i) In which the license is issued, if the license is issued before November 1; or

(ii) Succeeding the year in which the license is issued, if the license is issued on or after November 1.

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

(1) Subject to subsections (d) and (e) of this section, meets the minimum standards for the issuance of a license and otherwise is entitled to be licensed;

(2) Pays to the Commissioner a renewal fee set by the Commissioner; and

(3) Submits to the Commissioner:

(i) A renewal application on the form that the Commissioner requires; and

(ii) Satisfactory evidence of compliance with any continuing education requirements under this subtitle or set by regulations adopted by the Commissioner.

(c) In addition to the license renewal fee required under subsection (b)(2) of this section, an applicant for a license renewal shall pay to NMLS any fees that NMLS imposes in connection with the renewal application.

(d) Notwithstanding anything to the contrary in this section or § 11–605 of this subtitle, an applicant for renewal of a license who is duly licensed under this subtitle on July 1, 2009:

(1) May comply with the following requirements for renewal of the license on or before December 31, 2010:

(i) The fingerprinting and criminal history report requirement under § 11–604 of this subtitle;

(ii) The surety bond coverage requirement under § 11–619 of this subtitle; and

(iii) The prelicensing testing requirement under § 11–606.1 of this subtitle; and

(2) Is deemed to have satisfied the prelicensing educational course requirement under § 11–606 of this subtitle if the applicant completed 20 hours of continuing education courses approved by the Commissioner within 5 years prior to the expiration date of the applicant’s current license.

(e) (1) A licensee may surrender a license through NMLS in accordance with the process that the Commissioner requires.

(2) If a license is surrendered voluntarily or is suspended or revoked, the Commissioner may not refund any part of the license fee regardless of the time remaining in the license term.
Md. Code, Tax - General § 11-505 — MD Code / Article gtg / Title 11 / Subtitle 5 / Section 11-505
§11–505.
Status: in_force

(a) A transferee or auctioneer in a bulk transfer, as defined in § 6-102 of the Commercial Law Article, shall mail to the Comptroller the notice to creditors, as required in §§ 6-107 and 6-108 of the Commercial Law Article, whether or not:

(1) the transferor lists the Comptroller as a creditor; or

(2) the transferee or auctioneer knows that the transferor owes any sales and use tax.

(b) If the Comptroller finds that the transferor owes sales and use tax, the Comptroller shall file a claim for sales and use tax due from the transferor at the address required in the notice to creditors.

(c) If the Comptroller files a claim under subsection (b) of this section, the transferee or auctioneer shall withhold the amount stated in the claim from distribution to the transferor.
Md. Code, Real Property § 11B-113.2 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-113.2
§11B–113.
Status: in_force

§11B–113.2.

(a) Notwithstanding language contained in the governing documents of the homeowners association, the board of directors or other governing body of the homeowners association may authorize lot owners to submit a vote or proxy by electronic transmission if the electronic transmission contains information that verifies that the vote or proxy is authorized by the lot owner or the lot owner’s proxy.

(b) If the governing documents of the homeowners association require voting by secret ballot and the anonymity of voting by electronic transmission cannot be guaranteed, voting by electronic transmission shall be permitted if lot owners have the option of casting anonymous printed ballots.
Md. Code, Insurance § 11-215 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-215
§11–215.
Status: in_force

(a) All automobile insurance rates shall be made in accordance with the principles set forth in this section.

(b) (1) An insurer under an automobile liability insurance policy may not classify or maintain an insured for a period longer than 3 years in a classification that entails a higher premium:

(i) because of a specific claim; or

(ii) because of the insured’s driving record.

(2) For the purpose of determining whether to classify an insured in a classification that entails a higher premium, an insurer may review only a period not greater than 3 years before:

(i) if the policy has not yet been issued:

1. the date of the application; or

2. the proposed effective date of the policy; or

(ii) on renewal of a policy, the effective date of the renewal.

(3) (i) The removal of a discount is not a violation of this subsection.

(ii) Subparagraph (i) of this paragraph may not be construed to prevent an insurer from granting a claim–free discount to an insured.

(c) An insurer’s automobile and physical damage insurance premiums shall reflect the reduction in claims, if any, attributable to the requirement that drivers under the age of 18 years must acquire a provisional driver’s license before acquiring a driver’s license.

(d) For purposes of reclassifying an insured in a classification that entails a higher premium, an insurer under an automobile insurance policy may not consider accident reports and abstracts of court convictions that relate to driving an emergency vehicle and that are on record with the Motor Vehicle Administration, as provided in § 16–117(b) of the Transportation Article.

(e) For purposes of reclassifying an insured in a classification that entails a higher premium, an insurer under an automobile insurance policy may not consider a probation before judgment disposition of a motor vehicle law offense, a civil penalty imposed pursuant to § 21–202.1, § 21–809, § 21–810, or § 24–111.3 of the Transportation Article, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16–205.1 of the Transportation Article on record with the Motor Vehicle Administration, as provided in § 16–117(b) of the Transportation Article.

(f) If the insured under an automobile insurance policy notifies the insurer of a change in circumstances that justifies reclassifying the insured in a different classification or territory, the insurer shall adjust the premium charged the insured from the date of notification.

(g) For motor vehicle personal injury and property damage coverage, an insurer may provide a reduction in rates based on actuarial justification to an insured who:

(1) is at least 55 years old; and

(2) within the last 2 years, has completed successfully a course in accident prevention:

(i) that is approved by the Motor Vehicle Administration;

(ii) that includes classroom instruction or practice driving of the number of hours that the Motor Vehicle Administration requires; and

(iii) for which the insured has received a certificate that certifies the completion of the course.
Md. Code, Election Law § 11-201 — MD Code / Article gel / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

The State Board shall adopt regulations consistent with the provisions of this title governing the canvass.
Md. Code, Health Occupations § 11-102 — MD Code / Article gho / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

(a) This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

(b) This title does not affect the right of:

(1) An optician to provide glasses on the prescription of a licensed optometrist or a physician who is authorized to practice medicine under Title 14 of this article; or

(2) A dealer to sell eyeglasses or lenses if the dealer does not practice or claim to practice optometry.
Md. Code, Correctional Services § 11-1011 — MD Code / Article gcs / Title 11 / Subtitle 10 / Section 11-1011
§11–1011.
Status: in_force

On written request, a correctional officer may have expunged from any file the record of a formal complaint made against the correctional officer if:

(1) (i) the internal investigation unit that investigated the complaint:

1. exonerated the correctional officer of all charges in the complaint; or

2. determined that the charges were unsustained or unfounded; or

(ii) a hearing board acquitted the correctional officer, dismissed the action, or made a finding of not guilty; and

(2) at least 3 years have passed since the final disposition by the correctional facility or hearing board.
Md. Code, Tax - General § 11-224 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-224
§11–224.
Status: in_force

The sales and use tax does not apply to a sale of water that is delivered to the buyer through pipes or conduits.
Md. Code, Transportation § 11-143 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-143
§11–143.
Status: in_force

“Owner”, as used in reference to a vehicle:

(1) Means a person who has the property in or title to the vehicle;

(2) Includes a person who, subject to a security interest in another person, is entitled to the use and possession of the vehicle;

(3) Does not include a lessee under a lease not intended as security; and

(4) Includes a lessee under a lease intended as a security.
Md. Code, Business Regulation § 11-613 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-613
§11–613.
Status: in_force

(a) (1) A licensee whose average handle is $150,000 or less shall keep the breakage.

(2) A licensee whose average handle is over $150,000 shall:

(i) allocate 50% of the breakage to the Sires Stakes Program; and

(ii) keep 50% of the breakage to pay for personnel-related expenses, physical improvements, track maintenance, and indebtedness related to the track, including indebtedness for clubhouse and grandstand construction.

(b) If an average handle is over $600,000, the takeout shall be:

(1) 17% from each regular mutuel pool;

(2) 19% from each multiple mutuel pool for 2 horses; and

(3) 25% from each multiple mutuel pool on 3 or more horses.

(c) If the average handle is $600,000 or less, the takeout shall be:

(1) not more than 18.75% from each regular mutuel pool;

(2) not more than 20.75% from each multiple mutuel pool on 2 horses; and

(3) not more than 26.75% from each multiple mutuel pool on 3 or more horses.

(d) Money that remains after deductions are made under this section shall be returned as winnings to successful bettors.
Md. Code, Commercial Law § 11-1503 — MD Code / Article gcl / Title 11 / Subtitle 15 / Section 11-1503
§11–1503.
Status: in_force

(a) If the Attorney General believes that a person has engaged in or will engage in a violation of § 11–1502 of this subtitle, and an injunction would be in the public interest, the Attorney General may seek an injunction to prohibit a person from continuing or engaging in the violation.

(b) If a court issues a permanent injunction under subsection (a) of this section, the court may enter a judgment to restore to a person any money or real or personal property acquired from the person by means of any prohibited practice.

(c) (1) In addition to any relief granted under subsection (b) of this section, a person who violates § 11–1502 of this subtitle is subject to a civil penalty of not less than $5,000 or more than $15,000 for each violation.

(2) Each performance or production in violation of § 11–1502 of this subtitle is considered a separate violation.
Md. Code, Alcoholic Beverages and Cannabis § 11-2301 — MD Code / Article gab / Title 11 / Subtitle 23 / Section 11-2301
§11–2301.
Status: in_force

(a) The following sections of Title 4, Subtitle 8 (“Death of License Holder”) of Division I of this article apply in the county without exception or variation:

(1) § 4–802 (“Expiration of license on death of license holder”);

(2) § 4–804 (“Transfer or reinstatement of license”);

(3) § 4–805 (“Rights of protest, revocation, suspension, and restriction”); and

(4) § 4–806 (“Refund”).

(b) Section 4–803 (“Certificate of permission or renewal license for continuation of business”) of Division I of this article applies in the county, subject to § 11–2302 of this subtitle.
Md. Code, Health Occupations § 11-209 — MD Code / Article gho / Title 11 / Subtitle 2 / Section 11-209
§11–209.
Status: in_force

A person shall have the immunity from liability described under § 5-712 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
Md. Code, Labor and Employment § 11-305 — MD Code / Article gle / Title 11 / Subtitle 3 / Section 11-305
§11–305.
Status: in_force

(a) Except as provided in subsection (c) of this section, an employer shall provide written notice at least 60 days before initiating a reduction in operations to:

(1) all employees at the workplace that are subject to the reduction in operations;

(2) each exclusive representative or bargaining agency that represents the employees at the workplace that are subject to the reduction in operations;

(3) individuals who work less than 20 hours on average each week or have worked for the employer for less than 6 months in the immediately preceding 12 months at the workplace that is subject to the reduction in operations;

(4) the Division’s dislocated worker unit; and

(5) (i) the chief elected official of the political subdivision where the workplace that is subject to the reduction in operations is located; or

(ii) if the workplace is located in more than one political subdivision, the chief elected official of the political subdivision to which the employer paid the most taxes for the fiscal year immediately preceding the year in which the reduction in operations occurs.

(b) The notice required under subsection (a) of this section shall include:

(1) the name and address of the workplace where the reduction of operations is expected to occur;

(2) the name, telephone number, and e–mail address of a company official to contact for further information;

(3) a statement that explains whether the reduction in operations is expected to be permanent or temporary and if the workplace is expected to shut down; and

(4) the expected date when the reduction in operations will begin.

(c) (1) Subject to paragraph (2) of this subsection, an employer is not required to provide written notice if:

(i) the employer:

1. was actively seeking capital or business that would have enabled the employer to avoid or postpone the reduction in operations; and

2. believed that providing the written notice required would have precluded the employer from obtaining the necessary capital or business; or

(ii) the reduction in operations occurs due to any form of natural disaster such as a flood, an earthquake, or a drought.

(2) An employer that relies on this subsection shall provide notice as soon as practicable with a brief statement of the basis for not providing written notice at least 60 days before initiating a reduction in operations.

(d) (1) Subject to paragraph (2) of this subsection, for a reduction in operations that will result from a sale of part or all of an employer’s business, the notice required under subsection (a) of this section shall be provided both by:

(i) the seller on or before the effective date of sale; and

(ii) the purchaser after the effective date of sale.

(2) An individual who is an employee of the seller as of the effective date of sale shall be considered an employee of the purchaser immediately after the effective date of sale.
Md. Code, Transportation § 11-151.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-151.1
§11–151.
Status: in_force

§11–151.1.

“Rollback” means a vehicle that is designed with a ramp on wheels and a hydraulic lift with a capacity to haul or tow an additional vehicle.
Md. Code, Real Property § 11B-113 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-113
§11B–113.
Status: in_force

(a) There is a homeowners association depository in the office of the clerk of the court in each county and the City of Baltimore.

(b) Consistent with the duties of a clerk of a court as enumerated in § 2-201 of the Courts and Judicial Proceedings Article, the clerk of the court shall establish and thereafter maintain a depository for the purpose of making available to the public upon request the information to be deposited by homeowners associations.

(c) The depository shall:

(1) Be established and maintained in each county and the City of Baltimore as a document file separate from the land records of the county or City;

(2) Contain a record of the names of all homeowners associations for each county and the City of Baltimore;

(3) Contain all disclosures deposited by a homeowners association; and

(4) Be available to the public for viewing and for obtaining copies during the regular business hours of the office of the clerk.

(d) (1) The clerk of the court is authorized to regulate the form and manner of documents deposited into the depository and to collect fees for a deposit.

(2) The clerk of the court shall permit the deposit of copies of disclosures, however reproduced.

(3) The clerk of the court may adopt regulations as necessary or desirable to implement the depository.

(4) The State Court Administrator shall establish, so as to cover the reasonable and ordinary expenses of maintaining the depository, the amount of the fees that the clerk of the court may charge for deposits in the depository.

(5) (i) The clerk of the court shall maintain a depository index; and

(ii) All disclosures shall be filed under the name of the homeowners association.

(e) Material contained in the depository may not be viewed as recordation under Title 3 of this article.
Md. Code, Criminal Procedure § 11-914 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-914
§11–914.
Status: in_force

Subject to the authority of the Executive Director, the Board shall:

(1) submit to the Governor an annual written report of its activities, including its administration of the Fund;

(2) monitor the service needs of victims;

(3) advise the Governor on the needs of victims;

(4) recommend the appointment of the Victim Services Coordinator to the Executive Director;

(5) review and approve the Victim Services Coordinator’s plans and annual reports, and the Victim Services Coordinator’s implementation, operation, and revision of programs;

(6) approve or disapprove each grant application submitted by the Governor’s Office of Crime Prevention and Policy;

(7) advise the State’s Attorneys’ Coordination Council on the adoption of regulations governing the administration of the Victim and Witness Protection and Relocation Program established under § 11–902 of this subtitle;

(8) advise the State’s Attorneys’ Coordinator on the administration of the Victim and Witness Protection and Relocation Program;

(9) (i) develop pamphlets to notify victims and victim’s representatives of the rights, services, and procedures provided under Article 47 of the Maryland Declaration of Rights or State law, how to request information regarding an unsolved case, how to file a complaint to the Department of Juvenile Services alleging that a child is in need of supervision, and how to request that an offender be placed on electronic monitoring or electronic monitoring with victim stay–away alert technology, including:

1. one pamphlet relating to the MDEC system protocol registration process and the time before and after the filing of a charging document other than an indictment or information in circuit court; and

2. a second pamphlet relating to the time after the filing of an indictment or information in circuit court; and

(ii) develop a poster to notify victims of the right to request a private room in a law enforcement agency or unit to report crimes under Title 3 of the Criminal Law Article; and

(10) develop a notification request form and an MDEC system protocol in consultation with the Administrative Office of the Courts, through which a victim or victim’s representative may request to be notified under § 11–104 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 11-204 — MD Code / Article gab / Title 11 / Subtitle 2 / Section 11-204
§11–204.
Status: in_force

(a) (1) The chair of the Board shall receive an annual salary of not more than $18,000 and reimbursement for expenses reasonably incurred.

(2) Each other member of the Board shall receive an annual salary of not more than $15,000 and reimbursement for expenses reasonably incurred.

(b) (1) The Board may employ:

(i) inspectors, subject to § 11–206 of this subtitle; and

(ii) clerical and other assistants as are necessary.

(2) The Board shall employ:

(i) a full–time executive director whose annual salary shall be fixed by the Board as in a general county classified salary schedule, within pay grade 17;

(ii) a full–time administrator whose annual salary shall be fixed by the Board as in a general county classified salary schedule, within pay grade 16;

(iii) two full–time secretaries whose annual salaries shall be fixed by the Board as in a general county classified salary schedule, within pay grade 13;

(iv) a full–time chief inspector whose annual salary shall be fixed by the Board as in a general county classified salary schedule, within non–represented pay schedule NR–05; and

(v) an attorney at an annual salary of $60,000.

(3) (i) The Board may hire an attorney on a contractual basis to perform work that the attorney employed by the Board is unable to perform because of a conflict of interest.

(ii) The Board may spend not more than $30,000 each year to hire a contractual attorney under subparagraph (i) of this paragraph.

(4) Except as otherwise provided in this subtitle, the Board may set the compensation of the employees.
Md. Code, Health Occupations § 11-201 — MD Code / Article gho / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

There is a State Board of Examiners in Optometry in the Department.
Md. Code, Financial Institutions § 11-203 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

The Commissioner may adopt rules and regulations to carry out the provisions of this subtitle.
Md. Code, Financial Institutions § 11-206 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

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

(i) Complete, sign, and submit to the Commissioner an application made under oath in the form, and in accordance with the process, that the Commissioner requires; and

(ii) Provide all the information that the Commissioner requests.

(2) The application shall include:

(i) The applicant’s legal name and any trade name used by the applicant in accordance with § 2–121 of this article;

(ii) The applicant’s principal executive office address;

(iii) If the applicant is not an individual, the name and residence address of each control person;

(iv) The address of each additional location, if any, that:

1. The general public may reasonably view as a location that makes loans, including any location that investigates customer complaints or directly communicates with customers verbally, electronically, or in writing;

2. Houses any core operational infrastructure or technology systems;

3. Conducts any core management, information security and technology, risk and compliance, or finance functions; or

4. Is otherwise required to be listed in NMLS by regulation the Commissioner adopts under this subtitle; and

(v) Any other pertinent information that the Commissioner requires for an investigation and findings under § 11–207 of this subtitle.

(b) With the application, the applicant shall pay to the Commissioner:

(1) An investigation fee of $100; and

(2) A license fee of $850.

(c) (1) With the application, the applicant shall file a surety bond.

(2) The bond shall run to the Commissioner, as obligee, for the benefit of:

(i) The State; and

(ii) Any person who has a cause of action against the applicant under the Maryland Consumer Loan Law.

(3) The bond shall be:

(i) In an amount determined by the Commissioner under subsection (d) of this section;

(ii) Issued by a surety company that:

1. Is authorized to do business in the State; and

2. Holds a certificate of authority issued by the Maryland Insurance Commissioner; and

(iii) Conditioned that the licensee shall:

1. Comply with the Maryland Consumer Loan Law; and

2. Pay to the State or to any person any money that the licensee may owe to the State or to the person under the Maryland Consumer Loan Law.

(4) The liability of the surety:

(i) Shall be continuous;

(ii) May not be aggregated or cumulative, whether or not the bond is renewed, continued, replaced, or modified;

(iii) May not be determined by adding together the penal sum of the bond, or any part of the penal sum of the bond, in existence at any two or more points in time;

(iv) Shall be considered to be one continuous obligation, regardless of increases or decreases in the penal sum of the bond;

(v) May not be affected by:

1. The insolvency or bankruptcy of the licensee;

2. Any misrepresentation, breach of warranty, failure to pay a premium, or any other act or omission of the licensee or an agent of the licensee; or

3. The suspension of the licensee’s license;

(vi) May not require an administrative enforcement action by the Commissioner as a prerequisite to liability; and

(vii) Shall continue for 3 years after the later of the date on which:

1. The bond is canceled; or

2. The licensee, for any reason, ceases to be licensed.

(5) (i) A bond may be canceled by the surety or the licensee by giving notice of cancellation to the Commissioner.

(ii) Notice under subparagraph (i) of this paragraph shall:

1. Be in writing; and

2. Be sent by certified mail, return receipt requested.

(iii) A cancellation of a bond under this paragraph is not effective until 90 days after receipt of a notice of cancellation by the Commissioner.

(6) A claim against the bond may be filed with the surety by:

(i) A claimant; or

(ii) The Commissioner for the benefit of a claimant or the State.

(7) If the amount of claims against a bond exceeds the amount of the bond, the surety:

(i) Shall pay the amount of the bond to the Commissioner for pro rata distribution to claimants; and

(ii) Is relieved of liability under the bond.

(8) If the penal amount of a bond is reduced by payment of a claim or judgment, the licensee shall file a new or additional bond with the Commissioner.

(9) A penalty imposed against a licensee under § 2–115(b) of this article may be collected and paid from the proceeds of a bond required under this subsection.

(d) (1) The amount of the surety bond under subsection (c) of this section shall be in an amount of not less than $50,000 and not more than $200,000, as determined by the Commissioner for each licensee.

(2) In setting the amount of the surety bond, the Commissioner may consider:

(i) The nature and volume of the business or proposed business of the licensee or applicant;

(ii) The financial condition of the licensee or applicant, including:

1. The amount, nature, quality, and liquidity of the assets of the licensee or applicant;

2. The amount and nature of the liabilities, including contingent liabilities, of the licensee or applicant;

3. The history of and prospects for the licensee or applicant to earn and retain income; and

4. The potential harm to consumers if the applicant or licensee becomes financially impaired;

(iii) The quality of the operations of the licensee or applicant;

(iv) The quality of the management of the licensee or applicant;

(v) The nature and quality of the person that has control of the licensee or applicant; and

(vi) Any other factor that the Commissioner considers relevant.
Md. Code, Commercial Law § 11-903 — MD Code / Article gcl / Title 11 / Subtitle 9 / Section 11-903
§11–903.
Status: in_force

(a) In this section, “goods” includes wares or merchandise.

(b) The provisions of this section do not apply to goods which are:

(1) Produced, manufactured, or mined by convicts and prisoners on parole or probation; or

(2) Shipped into the State for sale to or exchange with:

(i) The State or any of its political subdivisions; or

(ii) A State aided, owned, controlled, or managed public or quasi–public institution or agency.

(c) Except as provided in subsection (b) of this section, goods manufactured or produced, wholly or in part, or mined by convicts or prisoners of the United States or of a territory, district, or other state of the United States may not be shipped into the State for sale on the open market.

(d) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 60 days or both.
Md. Code, Business Regulation § 11-1303 — MD Code / Article gbr / Title 11 / Subtitle 13 / Section 11-1303
§11–1303.
Status: in_force

This compact shall become effective as to any party state that enacts this compact on the affirmative vote of a majority of the officials on the compact committee.