Md. Code, Real Property § 14-117 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-117
§14–117.
Status: in_force

(a) (1) In this subsection, “water and sewer authority” includes a person to which the duties and responsibilities of the Washington Suburban Sanitary Commission have been delegated by a written agreement or in accordance with a local ordinance.

(2) A contract for the initial sale of improved, residential real property to a member of the public who intends to occupy or rent the property for residential purposes shall disclose the estimated cost, as established by the appropriate water and sewer authority, of any deferred water and sewer charges for which the purchaser may become liable.

(3) (i) In Prince George’s County, a contract for the initial sale of residential real property for which there are deferred private water and sewer assessments recorded by a covenant or declaration deferring costs for water and sewer improvements for which the purchaser may be liable shall contain a disclosure that includes:

1. The existence of the deferred private water and sewer assessments;

2. The amount of the annual assessment;

3. The approximate number of payments remaining on the assessment;

4. The amount remaining on the assessment, including interest;

5. The name and address of the person or entity most recently responsible for collection of the assessment;

6. The interest rate on the assessment;

7. The estimated payoff amount of the assessment; and

8. A statement that payoff of the assessment is allowed without prepayment penalty.

(ii) A person or entity establishing water and sewer costs for the initial sale of residential real property may not amortize costs that are passed on to a purchaser by imposing a deferred water and sewer charge for a period longer than 20 years after the date of the initial sale.

(4) If the appropriate water and sewer authority has not established a schedule of charges for the water and sewer project that benefits residential real property or if a local jurisdiction has adopted a plan to benefit residential real property in the future, the contract for the initial sale of the residential real property shall disclose that fact.

(5) (i) This paragraph does not apply in a county that has adopted a disclosure requirement that is substantially similar to the disclosure requirement in subparagraph (ii) of this paragraph.

(ii) A contract for the resale of residential real property that is served by public water or wastewater facilities for which deferred water and sewer charges have been established by a recorded covenant or declaration shall contain a notice in substantially the following form:

“NOTICE REQUIRED BY MARYLAND LAW REGARDING

DEFERRED WATER AND SEWER CHARGES

This property is subject to a fee or assessment that purports to cover or defray the cost of installing or maintaining during construction all or part of the public water or wastewater facilities constructed by the developer. This fee or assessment is $____, payable annually in (__month__) until (__date__) to (__name and address__) (hereafter called “lienholder”).

There may be a right of prepayment or a discount for early prepayment, which may be ascertained by contacting the lienholder. This fee or assessment is a contractual obligation between the lienholder and each owner of this property, and is not in any way a fee or assessment imposed by the county in which the property is located.”.

(b) (1) Violation of subsection (a)(2) or (4) of this section entitles the initial purchaser to recover from the seller:

(i) Two times the amount of deferred charges the purchaser would be obligated to pay during the 5 years of payments following the sale;

(ii) No amount greater than actually paid thereafter; and

(iii) Any deposit money actually paid by the purchaser that was lost as a result of a violation of subsection (a)(2) or (4) of this section.

(2) Violation of subsection (a)(3) of this section entitles the purchaser to:

(i) Recover from the seller the total amount of deferred charges the purchaser will be obligated to pay following the sale;

(ii) Recover from the seller any money actually paid by the purchaser on the deferred charge that was lost as a result of a violation of subsection (a)(3) of this section; or

(iii) If the violation is discovered before settlement, rescind the real estate contract without penalty.

(3) (i) Violation of subsection (a)(5) of this section entitles the purchaser:

1. If the violation is discovered before settlement, to rescind in writing the sales contract without penalty or liability;

2. On rescission, to the full return of any deposits made on account of the sales contract; and

3. After settlement, to payment from the seller for the full amount of any fee or assessment not disclosed, unless the seller was never charged a fee or assessment to defray the costs of public water or wastewater facilities by the developer, a successor of the developer, or a subsequent assignee.

(ii) The purchaser’s right to rescind under this paragraph shall terminate 5 days after the seller provides a written notice in accordance with subsection (a)(5) of this section.

(iii) If any deposits are held in trust by a licensed real estate broker, the return of the deposits to a purchaser under this paragraph shall comply with the procedures under § 17–505 of the Business Occupations and Professions Article.

(c) (1) A contract for use in the sale of residential property used as a dwelling place for one or two single–family units shall contain, in the manner provided under paragraph (2) of this subsection, the following statement:

“Section 14–104 of the Real Property Article of the Annotated Code of Maryland provides that, unless otherwise negotiated in the contract or provided by State or local law, the cost of any recordation tax or any State or local transfer tax shall be shared equally between the buyer and seller.”

(2) The statement required under paragraph (1) of this subsection shall be printed in conspicuous type or handwritten in the contract or an addendum to the contract.

(d) A contract or an addendum to the contract for the sale of real property shall contain in conspicuous type the following statement:

“Notice to buyer concerning the Chesapeake and Atlantic Coastal Bays Critical Area

Buyer is advised that all or a portion of the property may be located in the “critical area” of the Chesapeake and Atlantic Coastal Bays, and that additional zoning, land use, and resource protection regulations apply in this area. The “critical area” generally consists of all land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands, the Chesapeake Bay, the Atlantic Coastal Bays, and all of their tidal tributaries. The “critical area” also includes the waters of and lands under the Chesapeake Bay, the Atlantic Coastal Bays, and all of their tidal tributaries to the head of tide. For information as to whether the property is located within the critical area, buyer may contact the local department of planning and zoning, which maintains maps showing the extent of the critical area in the jurisdiction. Allegany, Carroll, Frederick, Garrett, Howard, Montgomery, and Washington counties do not include land located in the critical area.”.

(e) A contract of sale shall also comply with the following provisions, if applicable:

(1) Section 17–405 of the Business Occupations and Professions Article (notice of purchaser’s protection by the Real Estate Guaranty Fund in an amount not to exceed $25,000);

(2) Section 17–504 of the Business Occupations and Professions Article (notice by real estate broker pertaining to deposit in noninterest bearing account);

(3) Section 17–523 of the Business Occupations and Professions Article (notice by real estate broker about recordation and transfer taxes);

(4) Section 17–524 of the Business Occupations and Professions Article (notice of purchaser’s right to select title company, settlement company, escrow company, mortgage lender, or financial institution);

(5) Section 8A–605 of this article (notice of park rules to be given to buyer pertaining to sales of mobile homes);

(6) Section 10–103 of this article (notices and disclosures pertaining to land installment contracts);

(7) Sections 10–301 and 10–306 of this article (requirements and disclosures pertaining to deposits on new homes);

(8) Sections 10–505 and 10–506 of this article (requirements and disclosures pertaining to contracts between custom home builders and buyers);

(9) Sections 10–602, 10–603, 10–604(b), and 10–605 of this article (notices, disclosures, and requirements pertaining to new home warranties);

(10) Section 10–701 of this article (notice pertaining to sale of real property in Prince George’s County creating subdivision);

(11) Section 10–702 of this article (disclosure or disclaimer statements pertaining to single–family residential real property);

(12) Section 10–703 of this article (notice pertaining to land use in county land–use plans in Anne Arundel County);

(13) Section 11–126 of this article (notice pertaining to initial sale of condominium unit);

(14) Section 11–135 of this article (notice pertaining to resale of condominium unit);

(15) Sections 11A–112, 11A–115, and 11A–118 of this article (statements and requirements pertaining to time–shares);

(16) Section 11B–105 of this article (notice pertaining to initial sale of lot in development containing more than 12 lots);

(17) Section 11B–106 of this article (notice pertaining to resale of any lot or initial sale of lot in development containing 12 or fewer lots);

(18) Section 11B–107 of this article (notice pertaining to initial sale of lot not intended to be occupied or rented for residential purposes);

(19) Section 5–6B–02 of the Corporations and Associations Article (notice pertaining to initial sale of cooperative interests);

(20) Section 13–308 of the Tax – Property Article (notice of liability for agricultural land transfer tax);

(21) Section 13–504 of the Tax – Property Article (notice of liability for agricultural land transfer tax in Washington County);

(22) Section 6–824 of the Environment Article (disclosure pertaining to obligations to perform risk reduction);

(23) Section 10–711 of this article (notice on zones of dewatering influence); and

(24) Section 10–715 of this article (disclosure pertaining to assignment of contracts of sale by wholesale buyers and wholesale sellers).

(f) Unless otherwise specifically provided, a contract of sale is not rendered invalid by the omission of any statement referred to in this section.

(g) (1) This subsection applies to Prince George’s County.

(2) A contract for the sale of real property on which a development impact fee has been imposed shall contain a notice to the purchaser stating:

(i) That a development impact fee has been imposed on the property;

(ii) The total amount of the impact fee that has been imposed on the property; and

(iii) The amount of the impact fee, if any, that is unpaid on the date of the contract for the sale of the property.

(3) Violation of paragraph (2) of this subsection entitles the initial purchaser to recover from the seller:

(i) Two times the amount of development impact fees the purchaser would be obligated to pay following the sale;

(ii) No amount greater than actually paid thereafter; and

(iii) Any deposit money actually paid by the purchaser that was lost as a result of violation of paragraph (2) of this subsection.

(h) (1) This subsection applies to St. Mary’s and Charles counties.

(2) A contract for the sale of agriculturally assessed real property shall include the following information:

“Notice: under § 9–241 of the Environment Article of the Annotated Code of Maryland, the Department of the Environment is required to maintain permanent records regarding every permit issued for the utilization of sewage sludge, including the application of sewage sludge on farm land. A prospective buyer has the right to ascertain all such information regarding the property being sold under this transaction.”

(3) Omission of the notice required under paragraph (2) of this subsection may not be a basis for invalidation of the contract for sale.

(i) (1) This subsection applies to Baltimore City and all other counties except Montgomery County.

(2) A contract for the initial sale of a new home, as defined in the Maryland Home Builder Registration Act, shall include the following:

(i) The builder registration number of the seller of the new home;

(ii) A provision stating that the new home shall be constructed in accordance with all applicable building codes in effect at the time of the construction of the new home;

(iii) A provision referencing all performance standards or guidelines:

1. That the seller shall comply with in the construction of the new home; and

2. That shall prevail in the performance of the contract and any arbitration or adjudication of a claim arising from the contract; and

(iv) A provision detailing the purchaser’s right to receive a consumer information pamphlet as provided under the Home Builder Registration Act.

(3) The performance standards or guidelines described in paragraph (2) of this subsection shall be:

(i) The performance standards or guidelines adopted at the time of the contract:

1. By the National Association of Home Builders; or

2. Under the federal National Manufactured Housing Construction and Safety Standards Act, to the extent applicable;

(ii) Any performance standards or guidelines adopted by the home builder and incorporated into the contract that are equal to or more stringent than the performance standards or guidelines adopted at the time of the contract:

1. By the National Association of Home Builders; or

2. Under the federal National Manufactured Housing Construction and Safety Standards Act, to the extent applicable; or

(iii) Any performance standards or guidelines adopted at the time of the contract by a county or municipal corporation that are equal to or more stringent than the performance standards or guidelines adopted at the time of the contract:

1. By the National Association of Home Builders; or

2. Under the federal National Manufactured Housing Construction and Safety Standards Act, to the extent applicable.

(4) The information required by paragraph (2) of this subsection shall be printed in conspicuous type.

(j) (1) A contract for the initial sale of a new home, as defined in the Maryland Home Builder Registration Act, shall be contingent on the purchaser obtaining a written commitment for a loan secured by the property, unless the contract contains a provision expressly stating that it is not contingent.

(2) If the contract is contingent on the purchaser obtaining a written commitment for a loan secured by the property, the contract shall state:

(i) The maximum loan interest rate the purchaser is obligated to accept; and

(ii) The time period within which the purchaser must obtain a written commitment for a loan.

(3) If a purchaser does not obtain a written commitment for a loan in accordance with the terms of the contract, including terms relating to the time period for obtaining the written commitment:

(i) At the seller’s election and on written notice to the purchaser, the seller may declare the contract void and of no effect; or

(ii) On written notice to the seller accompanied by written documentation from a lender evidencing the purchaser’s inability to obtain a loan in accordance with the terms of the contract, the purchaser may declare the contract void and of no effect.

(4) (i) The seller shall return to the purchaser any deposit paid under the contract if:

1. The purchaser has complied with the purchaser’s obligations under the contract; and

2. The purchaser or the seller has declared the contract void and of no effect under paragraph (3) of this subsection.

(ii) If the deposit is held by a licensed real estate broker, the deposit shall be distributed in accordance with § 17–505 of the Business Occupations and Professions Article.

(k) (1) This subsection does not apply in Allegany, Carroll, Frederick, Garrett, Howard, Montgomery, and Washington counties.

(2) A contract for the sale of residential real property shall contain the following statement:

“Buyer is advised that the property may be located near a military installation that conducts flight operations, munitions testing, or military operations that may result in high noise levels.”.

(3) All local laws requiring a statement or notice substantially similar to the statement required under paragraph (2) of this subsection prevail over the requirements of this subsection.

(l) (1) This subsection applies to Anne Arundel County.

(2) Subject to paragraph (3) of this subsection, if Anne Arundel County or the State has initiated enforcement action for a violation of a local law described in § 5–106(aa)(1) of the Courts and Judicial Proceedings Article, a contract for sale of the real property where the violation occurred shall disclose:

(i) The nature of the violation;

(ii) The status of any ongoing proceedings to enforce the violation; and

(iii) Any actions the buyer of the real property may be required to take with respect to the property in order to cure the violation.

(3) If a violation of a local law described in § 5–106(aa)(1) of the Courts and Judicial Proceedings Article is cured and a buyer of the real property where the violation occurred would not have any obligation to cure the violation, paragraph (2) of this subsection does not apply.

(m) (1) This subsection applies only to a development that contains 11 or more new homes to be built by the same home builder.

(2) A contract for the initial sale of a new home, as defined in the Maryland Home Builder Registration Act, shall contain an acknowledgment that the purchaser was provided by the home builder with written information about any energy–efficient options, including a statement that tax credits may be available related to the energy–efficient options, that are available for installation in the home before construction of the home is completed.

(n) A contract for the sale of residential property shall include:

(1) The statement “If you plan to live in this home as your principal residence, you may qualify for the homestead property tax credit. The homestead property tax credit may significantly reduce the amount of property taxes you owe.”; and

(2) The website address of the document required under § 9–105(f)(5) of the Tax – Property Article.
Md. Code, Commercial Law § 14-3501 — MD Code / Article gcl / Title 14 / Subtitle 35 / Section 14-3501
§14–3501.
Status: in_force

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

(b) (1) “Business” means a sole proprietorship, partnership, corporation, association, or any other business entity, whether or not organized to operate at a profit.

(2) “Business” includes a financial institution organized, chartered, licensed, or otherwise authorized under the laws of this State, any other state, the United States, or any other country, and the parent or subsidiary of a financial institution.

(c) “Encrypted” means the protection of data in electronic or optical form using an encryption technology that renders the data indecipherable without an associated cryptographic key necessary to enable decryption of the data.

(d) “Health information” means any information regarding an individual’s medical history, medical condition, or medical treatment or diagnosis.

(e) (1) “Personal information” means:

(i) An individual’s first name or first initial and last name in combination with any one or more of the following data elements, when the data elements are not encrypted, redacted, or otherwise protected by another method that renders the information unreadable or unusable:

1. A Social Security number, an Individual Taxpayer Identification Number, a passport number, or other identification number issued by the federal government;

2. A driver’s license number or State identification card number;

3. An account number, a credit card number, or a debit card number, in combination with any required security code, access code, or password, that permits access to an individual’s financial account;

4. Health information, including information about an individual’s mental health;

5. A health insurance policy or certificate number or health insurance subscriber identification number, in combination with a unique identifier used by an insurer or an employer that is self–insured, that permits access to an individual’s health information;

6. Biometric data of an individual generated by automatic measurements of an individual’s biological characteristics such as a fingerprint, voice print, genetic print, retina or iris image, or other unique biological characteristic, that can be used to uniquely authenticate the individual’s identity when the individual accesses a system or account; or

7. For purposes of the notifications required under § 14–3504(b)(2), (c), (d), (e), (f), and (g) of this subtitle, genetic information with respect to an individual;

(ii) A user name or e–mail address in combination with a password or security question and answer that permits access to an individual’s e–mail account; or

(iii) For the purposes of the requirements of this title other than the notifications required under § 14–3504(b)(2), (c), (d), (e), (f), and (g) of this subtitle, genetic information with respect to an individual when the genetic information is not encrypted, redacted, or otherwise protected by another method that renders the information unreadable or unusable, including:

1. Data, regardless of its format, that results from the analysis of a biological sample of the individual or from another source that enables equivalent information to be obtained and that concerns genetic material;

2. Deoxyribonucleic acids;

3. Ribonucleic acids;

4. Genes;

5. Chromosomes;

6. Alleles;

7. Genomes;

8. Alterations or modifications to deoxyribonucleic acids or ribonucleic acids;

9. Single nucleotide polymorphisms;

10. Uninterrupted data that results from the analysis of a biological sample from the individual or other sources; and

11. Information extrapolated, derived, or inferred from item 1, 2, 3, 4, 5, 6, 7, 8, 9, or 10 of this item.

(2) “Personal information” does not include:

(i) Publicly available information that is lawfully made available to the general public from federal, State, or local government records;

(ii) Information that an individual has consented to have publicly disseminated or listed; or

(iii) Information that is disseminated or listed in accordance with the federal Health Insurance Portability and Accountability Act.

(f) “Records” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Md. Code, Public Safety § 14-110.5 — MD Code / Article gps / Title 14 / Subtitle 1 / Section 14-110.5
§14–110.
Status: reserved

§14–110.5.

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

(2) “Fund” means the State Disaster Recovery Fund.

(3) “Local Disaster Declaration” means a formal request for State disaster relief and recovery assistance made as a result of an emergency by the senior elected official through the local organization for emergency management.

(b) There is a State Disaster Recovery Fund.

(c) The purpose of the Fund is to provide:

(1) disaster recovery assistance to individuals and families when a unit of local government has submitted a request for a disaster declaration but a federal disaster declaration is not received;

(2) disaster recovery assistance to units of local government of the State for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed when a federal disaster declaration is not received;

(3) low–interest or no–interest loans to businesses and nonprofits for disaster recovery assistance when a federal disaster declaration is not received;

(4) disaster–related assistance for unmet needs of individuals and families following a federal disaster declaration;

(5) disaster–related assistance for unmet needs of individuals and families who have been denied federal assistance but otherwise meet criteria established for the Fund; and

(6) matching funds for assistance to individuals and State and local governmental units after a federal disaster declaration.

(d) The Fund:

(1) is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article;

(2) shall be available in perpetuity for the purpose of providing disaster recovery assistance in accordance with the provisions of this section;

(3) except as provided in subsection (e) of this section, may be used only if:

(i) the Governor has declared a State of Emergency; or

(ii) a local organization for emergency management requests assistance from the Fund;

(4) is not intended to duplicate or replace federal disaster assistance; and

(5) may not be used for any other purpose other than those described in this section.

(e) A portion of the Fund may be used to administer the Fund, including providing disaster case management resources.

(f) (1) The Governor may include in the annual budget bill an appropriation to the Fund.

(2) The Fund shall consist of:

(i) money appropriated in the State budget to the Fund;

(ii) money transferred to the Fund from the Catastrophic Event Account in accordance with § 7–324 of the State Finance and Procurement Article;

(iii) repayments of principal and interest from loans made from the Fund;

(iv) reimbursements from the federal government or other legal entities for disaster recovery assistance expenditures made from the Fund;

(v) interest earnings of the Fund; and

(vi) any other money from any other source accepted for the benefit of the Fund.

(g) (1) (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(ii) Any interest earnings of the Fund shall be credited to the Fund.

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

(h) Any funds expended from the Fund are supplemental to and are not intended to take the place of funding that otherwise would be appropriated to eligible recipients from the Fund for any other purpose.

(i) The Department shall:

(1) administer the Fund;

(2) establish eligibility criteria, policies, and procedures for the administration of the Fund, while considering existing State disaster recovery programs and federal disaster relief and recovery requirements; and

(3) consult with appropriate State agencies and local organizations for emergency management in the development of eligibility criteria, policies, and procedures for administration of the Fund.

(j) The Department may establish:

(1) regulations related to the administration of the Fund;

(2) accounts and sub–accounts within the Fund to effectuate the purposes of this section; and

(3) formal advisory bodies to advise on the administration of the Fund.

(k) (1) On or before December 31, 2023, and on or before each December 31 thereafter, the Secretary shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the use of the Fund for the previous fiscal year.

(2) The report shall include:

(i) the number of State of Emergency declarations by the Governor;

(ii) the number of local State of Emergency declarations and local disaster declarations submitted to the Secretary and the reason for each declaration;

(iii) a summary of the damage assessment data related to each declaration, and the disposition of each request for the previous fiscal year;

(iv) the amount of funding distributed to each eligible entity by the Fund for the previous fiscal year;

(v) the Fund balance at the end of the previous fiscal year;

(vi) any federal disaster declarations requested and associated damage assessment data for the previous fiscal year;

(vii) a summary of any federal disaster assistance received during the previous fiscal year;

(viii) a summary of any regulations issued related to the Fund during the previous fiscal year; and

(ix) any recommended changes to this section to increase the efficiency and efficacy of the Fund.
Md. Code, Family Law § 14-404 — MD Code / Article gfl / Title 14 / Subtitle 4 / Section 14-404
§14–404.
Status: in_force

(a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, at least every 6 months the review board shall review each guardianship that a public agency holds.

(ii) At least once a year the review board shall review each guardianship that a public agency has held for more than 1 year.

(iii) At least every 6 months the review board shall conduct a file review of each guardianship that a public agency has held for more than 1 year based on a written report to the board including the present place of residence and health status of the ward, the guardian’s plan for preserving and maintaining the future well–being of the ward, the need for continuation or cessation of the guardianship or for any plans in altering the powers of the guardian, and the most recent dates of visits by the guardian or the guardian’s designee.

(2) The review board may review a case more frequently if:

(i) the disabled individual, the disabled individual’s guardian, or the disabled individual’s attorney files a petition for review; or

(ii) the review board, on its own motion, schedules a review.

(b) (1) Notwithstanding the provisions of § 13–708(b)(8) of the Estates and Trusts Article, each time that the review board reviews a guardianship, the review board shall recommend that the guardianship be:

(i) continued;

(ii) modified; or

(iii) terminated.

(2) Notwithstanding that the review board recommends that a guardianship be continued, the court may order that the guardianship be modified or terminated.

(c) The disabled individual shall:

(1) attend each review board hearing if the disabled individual is able to attend; and

(2) be represented at each review board hearing by:

(i) the lawyer that the disabled individual chooses; or

(ii) a lawyer who is appointed by the court.

(d) Except for purposes of a judicial proceeding under this title, all records of the review board are confidential.
Md. Code, Education § 14-105 — MD Code / Article ged / Title 14 / Subtitle 1 / Section 14-105
§14–105.
Status: in_force

The interest or other income from the investment of any funds of the University shall be credited to the University, provided that any interest estimated to be earned on the State appropriation must be offset by an equivalent reduction in State General Fund support.
Md. Code, Business Occupations and Professions § 14-405 — MD Code / Article gbo / Title 14 / Subtitle 4 / Section 14-405
§14–405.
Status: in_force

The Board shall issue a permit to each applicant that meets the requirements of this subtitle and pays to the Board a permit fee set by the Board.
Md. Code, Business Regulation § 14-213 — MD Code / Article gbr / Title 14 / Subtitle 2 / Section 14-213
§14–213.
Status: in_force

(a) A person is not excused from attending, testifying, or producing evidence before the Commissioner, in a proceeding brought by the Commissioner, or in obedience to a subpoena of the Commissioner on the ground that the testimony or evidence may:

(1) tend to incriminate the person; or

(2) subject the person to a penalty or forfeiture.

(b) (1) If a person claims the privilege against self-incrimination as to a specific subject, and is then compelled to testify or produce evidence on that subject, the person may not be prosecuted or subjected to a penalty or forfeiture in connection with that subject.

(2) A person who testifies is not exempt from prosecution and punishment for perjury or contempt committed while testifying.
Md. Code, Business Occupations and Professions § 14-312 — MD Code / Article gbo / Title 14 / Subtitle 3 / Section 14-312
§14–312.
Status: in_force

(a) If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that:

(1) the applicant has qualified for a license; and

(2) on receipt of a license fee set by the Board, the Board will issue a license to the applicant.

(b) On payment of the license fee, the Board shall issue a license to each applicant who meets the requirements of this subtitle.

(c) The Board shall include on each license that the Board issues:

(1) the full name of the licensee; and

(2) the registration number assigned by the Board to the licensee.

(d) Subject to any regulation that the Board adopts, it shall replace any lost, mutilated, or destroyed license certificate on:

(1) request of the licensee; and

(2) payment of the replacement fee set by the Board.
Md. Code, Commercial Law § 14-306 — MD Code / Article gcl / Title 14 / Subtitle 3 / Section 14-306
§14–306.
Status: in_force

This subtitle may be cited as the Maryland Door-to-Door Sales Act.
Md. Code, Estates and Trusts § 14-608 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-608
§14–608.
Status: in_force

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

(2) (i) “Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur.

(ii) “Noncontingent right” does not include a right held by a beneficiary if any other person has discretion to distribute property subject to the right to any person other than the beneficiary or the beneficiary’s estate.

(3) “Presumptive remainder beneficiary” means a qualified beneficiary other than a current beneficiary.

(4) (i) “Successor beneficiary” means a beneficiary that is not a qualified beneficiary on the date that the beneficiary’s qualification is determined.

(ii) “Successor beneficiary” does not include a person that is a beneficiary solely because the person holds a nongeneral power of appointment.

(5) “Vested interest” means:

(i) A right to a mandatory distribution that is a noncontingent right as of the date of the exercise of the decanting power;

(ii) A current and noncontingent right, at least annually, to a mandatory distribution of income, a specified dollar amount, or a percentage value of some or all of the trust property;

(iii) A current and noncontingent right, at least annually, to withdraw income, a specified dollar amount, or a percentage value of some or all of the trust property;

(iv) A presently exercisable general power of appointment; or

(v) A right to receive an ascertainable part of trust property on termination of the trust that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur.

(b) Except as otherwise provided in § 14–610 of this subtitle, an authorized fiduciary that has expanded distributive discretion over the principal of a first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.

(c) Except as otherwise provided in § 14–610 of this subtitle, in exercising the decanting power, a second trust may not:

(1) Except as provided in subsection (d) of this section, include as a current beneficiary a person that is not a current beneficiary of the first trust;

(2) Except as provided in subsection (d) of this section, include as a presumptive remainder beneficiary or successor beneficiary a person that is not a current beneficiary, presumptive remainder beneficiary, or successor beneficiary of the first trust; or

(3) Reduce or eliminate a vested interest.

(d) Subject to subsection (c)(3) of this section and § 14–611 of this subtitle, in the exercise of the decanting power under this section, one or more second trusts may be created or administered under the law of any jurisdiction and may:

(1) Retain a power of appointment granted in the first trust;

(2) Omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment;

(3) Create or modify a power of appointment if the powerholder is a current beneficiary of the first trust and the authorized fiduciary has expanded distributive discretion to distribute principal to that beneficiary; or

(4) Create or modify a power of appointment if the powerholder is a presumptive remainder beneficiary or successor beneficiary of the first trust and the exercise of the power may take effect only after the powerholder becomes, or would have become if then living, a current beneficiary.

(e) (1) A power of appointment described in subsection (d) of this section may be general or nongeneral.

(2) The class of permissible appointees in favor of which a power of appointment described in subsection (d) of this section may be exercised may be broader than or different from the beneficiaries of the first trust.

(f) If an authorized fiduciary has expanded distributive discretion over part but not all of the principal of a first trust, the authorized fiduciary may exercise the decanting power under this section only over the part of the principal over which the authorized fiduciary has expanded distributive discretion.
Md. Code, Tax - Property § 14-1011 — MD Code / Article gtp / Title 14 / Subtitle 10 / Section 14-1011
§14–1011.
Status: in_force

If an instrument of writing that is recorded under Title 12 of this article is used to secure an additional debt, a person who fails to pay the additional recordation tax required in § 12-105(f) of this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months.
Md. Code, Environment § 14-503 — MD Code / Article gen / Title 14 / Subtitle 5 / Section 14-503
§14–503.
Status: in_force

(a) A person may not construct, or cause to be constructed, a facility in the coastal area unless he first obtains a permit pursuant to this subtitle. However, facilities for which on-site construction, excluding site preparation, has legally begun prior to July 1, 1975 are exempt from the provisions of this subtitle.

(b) The Secretary after receiving the advisory comments of the Secretaries of Natural Resources, Business and Economic Development, and Transportation and the Secretary of the Department of Planning may adopt rules and regulations to implement the provisions of this subtitle.
Md. Code, Education § 14-101 — MD Code / Article ged / Title 14 / Subtitle 1 / Section 14-101
§14–101.
Status: in_force

(a) (1) There is a body corporate and politic known as Morgan State University.

(2) The University is an instrumentality of the State and a public corporation.

(3) The University is an independent unit of State government.

(4) The exercise by the University of the powers conferred by this subtitle is the performance of an essential public function.

(b) Morgan State University:

(1) Has the responsibility, with other educational institutions, for providing higher education research and graduate study in the Baltimore area;

(2) Is designated as the State’s preeminent public urban research university with a mission of instruction, research, and service;

(3) Offers baccalaureate and graduate degrees in the arts and sciences;

(4) Emphasizes an education addressing urban concerns;

(5) Offers the professional and graduate programs approved by its Board of Regents and the Maryland Higher Education Commission;

(6) Shall be dedicated to the development and delivery of comprehensive and high–quality academic programs and services to its university community and the citizens of Maryland, particularly the citizens of the Baltimore region; and

(7) Shall serve a diverse citizenry in an innovative and collaborative manner, all the while exercising its responsibilities with uncompromising integrity through strong, but compassionate, leadership.

(c) (1) In this subtitle the following words have the meanings indicated.

(2) “Board of Regents” means the Board of Regents of Morgan State University.

(3) “University” means Morgan State University.
Md. Code, Family Law § 14-201 — MD Code / Article gfl / Title 14 / Subtitle 2 / Section 14-201
§14–201.
Status: in_force

To implement the policy set out in § 14–102 of this title, the Secretary, with the advice of the Secretary of Health and the Secretary of Aging, shall develop, supervise, and cause each local department to implement a program of protective services for disabled individuals and vulnerable adults.
Md. Code, Tax - Property § 14-1007 — MD Code / Article gtp / Title 14 / Subtitle 10 / Section 14-1007
§14–1007.
Status: in_force

A person who negligently submits a false property tax report in violation of Title 11 of this article is guilty of a misdemeanor and on conviction is subject to a fine of $500.
Md. Code, Public Safety § 14-104.1 — MD Code / Article gps / Title 14 / Subtitle 1 / Section 14-104.1
§14–104.
Status: in_force

§14–104.1.

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

(2) “Community sewerage system” has the meaning stated in § 9–501 of the Environment Article.

(3) “Community water system” has the meaning stated in § 9–401 of the Environment Article.

(4) “Crisis and emergency risk communication plan” means a plan for communicating during an emergency.

(5) “Local government” includes local school systems, local school boards, and local health departments.

(6) “Unit” means the Cyber Preparedness Unit.

(b) (1) There is a Cyber Preparedness Unit in the Department.

(2) In coordination with the State Chief Information Security Officer, the Unit shall:

(i) develop and regularly update an online database of cybersecurity training resources for local government personnel, including technical training resources, cybersecurity continuity of operations templates, and consequence management plans;

(ii) assist local governments in the development of cybersecurity preparedness and response plans, including:

1. implementing best practices and guidance developed by the State Chief Information Security Officer;

2. identifying and acquiring resources to complete appropriate cybersecurity vulnerability assessments; and

3. providing guidance to local emergency management organizations for incidents against water and wastewater facilities;

(iii) connect local governments to appropriate resources for any other purpose related to cybersecurity preparedness and response;

(iv) as necessary and in coordination with the National Guard, local emergency managers, and other State and local entities, conduct regional cybersecurity preparedness exercises;

(v) establish regional assistance groups to deliver and coordinate support services to local governments, agencies, or regions; and

(vi) develop guidance for crisis and emergency risk communication for local emergency management organizations in the State.

(3) The Unit shall support the Office of Security Management in the Department of Information Technology during emergency response efforts.

(c) (1) Each local government shall report a cybersecurity incident, including an attack on a State system being used by the local government, to the appropriate local emergency manager and the State Security Operations Center in the Department of Information Technology and to the Maryland Joint Operations Center in the Department in accordance with paragraph (2) of this subsection.

(2) For the reporting of cybersecurity incidents under paragraph (1) of this subsection, the State Chief Information Security Officer shall determine:

(i) the criteria for determining when an incident must be reported;

(ii) the manner in which to report; and

(iii) the time period within which a report must be made.

(3) The State Security Operations Center shall immediately notify appropriate agencies of a cybersecurity incident reported under this subsection through the State Security Operations Center.

(d) (1) Five Position Identification Numbers (PINs) shall be created for the purpose of hiring staff to conduct the duties of the Maryland Department of Emergency Management Cybersecurity Preparedness Unit.

(2) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least:

(i) $220,335 for 3 PINs for Administrator III positions; and

(ii) $137,643 for 2 PINs for Administrator II positions.

(e) The Department shall include cybersecurity attack information on the Department’s website.
Md. Code, Insurance § 14-410 — MD Code / Article gin / Title 14 / Subtitle 4 / Section 14-410
§14–410.
Status: in_force

(a) Each enrollee shall receive evidence of coverage that indicates specifically the nature and extent of coverage and the total amount or percentage of payment, if any, that the enrollee must pay for dental services.

(b) (1) Except as provided under paragraph (2) of this subsection, a dental plan organization shall issue evidence of coverage to each enrollee of the dental plan organization.

(2) If an individual enrollee obtains coverage through a policy or through a contract issued by a medical or dental service corporation, the insurer that issued the policy or the medical or dental service corporation shall issue evidence of coverage.

(c) The dental plan organization, insurer, or medical or dental service corporation may not issue or deliver evidence of coverage or an amendment to evidence of coverage until a copy of the form of evidence of coverage or amendment is filed with and approved by the Commissioner.

(d) The evidence of coverage shall contain:

(1) a clear and complete statement if a contract, or a reasonably complete summary if a certificate, of:

(i) the dental services and the insurance or other benefits, if any, to which enrollees are entitled;

(ii) any limitations on the services or kind of benefits to be provided, including any charge, deductible, or copayment feature; and

(iii) where and in what manner information is available about how services may be obtained; and

(2) a clear and understandable description of the dental plan organization’s method for resolving enrollee complaints.

(e) A dental plan organization, insurer, or medical or dental service corporation that makes a change in evidence of coverage or the amount or percentage of payment that the enrollee must pay, shall issue to the enrollee evidence of the change in a separate document.
Md. Code, Tax - Property § 14-507 — MD Code / Article gtp / Title 14 / Subtitle 5 / Section 14-507
§14–507.
Status: in_force

(a) In any proceeding before the Department, a supervisor, or a property tax assessment appeal board, any party in interest may submit a written request that all notices and orders relating to the proceeding be sent to the address of the party in interest or the address of the agent of the party in interest.

(b) The Department, supervisor, or property tax assessment appeal board shall send the notices and orders requested under subsection (a) of this section to the address specified by the party in interest by:

(1) mail; or

(2) e–mail, if the recipient has provided an e–mail address to the Department and requested to receive the notices and orders by e–mail.

(c) A person is not required to submit a written request under subsection (a) of this section to appeal under this subtitle.
Md. Code, Health Occupations § 14-5E-17 — MD Code / Article gho / Title 14 / Subtitle 5E / Section 14-5E-17
§14–5E–17.
Status: in_force

(a) (1) Any person aggrieved by a final decision of the Board under this subtitle may take a direct judicial appeal.

(2) The appeal shall be made as provided for judicial review of final decisions in Title 10, Subtitle 2 of the State Government Article.

(b) An order of the Board may not be stayed pending review.

(c) The Board may appeal from any decision that reverses or modifies its order.
Md. Code, Alcoholic Beverages and Cannabis § 14-2601 — MD Code / Article gab / Title 14 / Subtitle 26 / Section 14-2601
§14–2601.
Status: in_force

(a) The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county without exception or variation:

(1) § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”);

(2) § 6–204 (“Power to summon witnesses”);

(3) § 6–205 (“Peace officers”);

(4) § 6–206 (“Charging document for unlawful sale of alcoholic beverage”);

(5) § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”);

(6) § 6–208 (“Regulating possession or consumption of alcohol in public places”);

(7) § 6–209 (“Adoption of standards for authorization of consumption”);

(8) § 6–210 (“State preemption of local disorderly intoxication laws”); and

(9) § 6–211 (“Fines and forfeitures”).

(b) Section 6–202 (“Inspections”) of Division I of this article applies in the county, subject to § 14–2602 of this subtitle.
Md. Code, Real Property § 14-306 — MD Code / Article grp / Title 14 / Subtitle 3 / Section 14-306
§14–306.
Status: in_force

(a) If any part of the lien property is located within another county and the petitioner desires that the broker’s lien attach to the lien property in that county, the petitioner shall file a certified copy of the docket entries, the court order, and any required bond with the clerk of the circuit court for that county.

(b) A broker’s lien attaches to the lien property in a county at the time the documents required to be filed under subsection (a) of this section are filed with the clerk of the circuit court of that county.
Md. Code, Public Safety § 14-112 — MD Code / Article gps / Title 14 / Subtitle 1 / Section 14-112
§14–112.
Status: in_force

(a) (1) Expenditures necessitated by emergencies shall first be made using money regularly appropriated to State and local agencies.

(2) If the Governor finds that regularly appropriated money is inadequate to cope with an emergency, the Board of Public Works may make contingency money available in accordance with the State budget.

(b) The State may:

(1) accept any allotment of federal money and commodities and manage and dispose of them in whatever manner may be required by federal law; and

(2) take advantage of the federal Disaster Relief Act of 1974 and any amendments or supplements to it, and any other federal law that provides grants and public assistance for the purposes of this subtitle and Subtitles 2 and 4 of this title.

(c) (1) In carrying out this subtitle, the Governor, Secretary, and executive officers or governing bodies of the political subdivisions shall use the services, equipment, supplies, and facilities of existing agencies and units of the State and the political subdivisions to the maximum extent practicable.

(2) The officers and personnel of the agencies and units of the State and the political subdivisions shall cooperate with and extend services and facilities to the Governor, Adjutant General, Secretary, and the local organizations for emergency management on request.

(3) At the direction of the Governor, the Maryland National Guard shall use its services, equipment, supplies, and facilities in life–threatening emergencies that are beyond the capabilities of local authorities.

(d) (1) If the federal government, another state, or an agency or officer of the federal government or another state offers to this State or a political subdivision services, equipment, supplies, materials, or money by way of gift, grant, or loan for purposes of emergency management, the State acting through the Governor, or the political subdivision acting with the consent of the Governor and through its executive officer or governing body, may:

(i) accept the offer; and

(ii) authorize an officer of this State or the political subdivision to receive the services, equipment, supplies, materials, or money.

(2) If a person offers to the State or a political subdivision aid or assistance, the State or political subdivision may accept the aid and assistance in accordance with paragraph (1) of this subsection.
Md. Code, Commercial Law § 14-1318 — MD Code / Article gcl / Title 14 / Subtitle 13 / Section 14-1318
§14–1318.
Status: in_force

(a) (1) In this section, “payment device number” means any code, account number, or other means of account access, other than a check, draft, or similar paper instrument, that can be used to obtain money, goods, services, or anything of value, or for purposes of initiating a transfer of funds.

(2) “Payment device number” includes a credit card number and a debit card number.

(b) (1) This section applies only to receipts that are electronically printed in connection with the purchase of consumer goods or consumer services.

(2) This section does not apply to receipts where the sole means of recording the payment device number is by handwriting, imprinting, or copying the payment device.

(c) A person that accepts a payment device number for the transaction of business may not print more than five digits of the payment device number or the expiration date of the payment device on a receipt that is provided to the holder of the payment device at the point of sale or transaction or retained by the person.

(d) (1) The Attorney General may initiate a civil action against a person that violates this section to recover for the State a civil penalty not exceeding $25 for each violation.

(2) For the purposes of this section, each instance in which a payment device number or expiration date is printed when prohibited by this section is a separate violation.
Md. Code, Real Property § 14-905 — MD Code / Article grp / Title 14 / Subtitle 9 / Section 14-905
§14–905.
Status: in_force

(a) A violation of § 14–903 of this subtitle by a service provider is:

(1) An unfair, abusive, or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article.

(b) This section does not prevent an individual from pursuing any other remedy provided by law.
Md. Code, Commercial Law § 14-3103 — MD Code / Article gcl / Title 14 / Subtitle 31 / Section 14-3103
§14–3103.
Status: in_force

(a) In this section, “excess charges” means an amount, in excess of the estimate provided to a consumer, charged by a household goods mover for additional services that:

(1) Are provided before or during an intrastate move; and

(2) Are necessary because of circumstances that:

(i) Are beyond the control of the household goods mover; and

(ii) Could not have been reasonably anticipated by the household goods mover.

(b) Subject to subsection (e) of this section, a household goods mover shall provide a written estimate to a consumer before providing household goods moving services for an intrastate move.

(c) The written estimate shall:

(1) Separately identify each household goods moving service that the household goods mover will provide and the price of each service;

(2) Separately identify each fee that the consumer will or may be required to pay;

(3) State the estimated total price;

(4) State the time and method of payment for the household goods moving services; and

(5) Indicate clearly whether the estimate is binding on the consumer and household goods mover.

(d) (1) A consumer who receives a binding estimate from a household goods mover may not be required to pay more than the estimated total price stated in the estimate for the household goods moving services described in the estimate.

(2) A consumer who receives a nonbinding estimate from a household goods mover may not be required to pay more than 125% of the estimated total price stated in the estimate for the household goods moving services described in the estimate, plus any applicable excess charges.

(e) A consumer may waive the right to receive a written estimate under subsection (a) of this section if the waiver is made voluntarily and without coercion by the household goods mover.
Md. Code, Health Occupations § 14-5C-20 — MD Code / Article gho / Title 14 / Subtitle 5C / Section 14-5C-20
§14–5C–20.
Status: in_force

Except as otherwise provided in this subtitle, a person may not practice, attempt to practice, or offer to practice polysomnography in this State unless licensed to practice polysomnography by the Board.
Md. Code, Real Property § 14-403 — MD Code / Article grp / Title 14 / Subtitle 4 / Section 14-403
§14–403.
Status: in_force

(a) If a land description uses the Maryland Coordinate System, it shall be designated on the land description.

(b) A survey of lands may not have endorsed on the survey any legend or other statement indicating that the survey is based on the Maryland Coordinate System unless the survey actually is based on the Maryland Coordinate System.
Md. Code, Business Regulation § 14-208 — MD Code / Article gbr / Title 14 / Subtitle 2 / Section 14-208
§14–208.
Status: in_force

The Commissioner may:

(1) investigate in or outside the State to:

(i) determine if a person has violated this subtitle or a regulation adopted or order passed under it;

(ii) adopt regulations or forms under this subtitle; or

(iii) enforce this subtitle; and

(2) require or allow a person to submit a written statement, under oath or otherwise as the Commissioner determines, about the matter being investigated.
Md. Code, Education § 14-306 — MD Code / Article ged / Title 14 / Subtitle 3 / Section 14-306
§14–306.
Status: in_force

(a) (1) Within 15 days after receiving a decision under § 14-305 of this subtitle, a grievant or a grievant’s representative may appeal in writing to the Secretary of Budget and Management.

(2) The appeal shall designate whether the grievant elects the appeal to be heard by the Secretary of Budget and Management or submitted to arbitration.

(b) In a reclassification grievance proceeding, the Secretary of Budget and Management shall order an audit of the position if it has not been audited within the last year.

(c) (1) If the grievant elects to have a hearing, the Secretary of Budget and Management shall conduct the hearing.

(2) The Secretary of Budget and Management shall issue a decision in writing within 45 days after the later of:

(i) The conclusion of the hearing; or

(ii) The day when all briefs or memoranda have been submitted.

(d) (1) If the grievant elects arbitration, the parties shall mutually select an arbitrator.

(2) If the parties are unable to agree on an arbitrator, an arbitrator shall be selected through the American Arbitration Association in accordance with its procedures.

(3) The arbitrator shall assess all fees that result from the arbitration equally between the parties.

(4) The arbitrator shall issue an advisory decision to the Secretary of Budget and Management, and additional appeals or hearings may not be considered or held.

(5) Within 15 days after the decision of the arbitrator is received, the Secretary of Budget and Management shall issue a decision in writing.

(6) (i) A decision of the Secretary of Budget and Management is final and binding on all parties.

(ii) If an initial determination is rescinded by the Secretary of Budget and Management, further action may not be taken against the grievant with respect to any charge that was considered at the hearing.

(e) The Secretary of Budget and Management may order the University to grant back pay to a classified employee in any grievance proceeding.

(f) In a reclassification grievance proceeding in which the Secretary of Budget and Management determines that the grievant is working outside of classification or in a position that is improperly classified, the Secretary of Budget and Management, in the Secretary’s discretion, may order back pay for a period not exceeding 1 year before the grievance proceeding was initiated.

(g) The University shall carry out a back pay order issued under this section.
Md. Code, Health Occupations § 14-5A-02 — MD Code / Article gho / Title 14 / Subtitle 5A / Section 14-5A-02
§14–5A–02.
Status: in_force

This subtitle does not limit:

(1) The right of an individual to practice a health occupation that the individual is authorized to practice under this article; or

(2) The right of a licensed home medical equipment provider to provide home medical equipment services as defined under Title 19, Subtitle 4A of the Health – General Article.
Md. Code, Commercial Law § 14-405 — MD Code / Article gcl / Title 14 / Subtitle 4 / Section 14-405
§14–405.
Status: in_force

(a) The duties prescribed in § 14-404 of this subtitle may not be imposed on a guarantor if the guarantor shows that while the consumer product was in the possession of any person other than the guarantor, damage or unreasonable use, including failure to provide any reasonable and necessary maintenance disclosed under § 14-403 of this subtitle, caused the product to malfunction.

(b) The duties prescribed in § 14-404 of this subtitle may not be imposed on a provider if the provider shows that while the product was in the possession of any person other than the provider, damage or unreasonable use, including failure to provide any reasonable and necessary maintenance disclosed under § 14-403 of this subtitle, caused the product to malfunction or caused the inability of the provider to provide any service under the service contract.
Md. Code, Alcoholic Beverages and Cannabis § 14-2002 — MD Code / Article gab / Title 14 / Subtitle 20 / Section 14-2002
§14–2002.
Status: in_force

(a) A holder of a Class A beer license may sell beer on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(b) A holder of a Class B beer license may sell beer on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(c) A holder of a Class C beer license may sell beer on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(d) A holder of a Class D beer license may sell beer on Monday through Sunday from 6 a.m. to 2 a.m. the following day.
Md. Code, Commercial Law § 14-4802 — MD Code / Article gcl / Title 14 / Subtitle 48 / Section 14-4802
§14–4802.
Status: in_force

This subtitle does not apply to:

(1) Data subject to a statute or regulation identified under item (i) of this item that is controlled by a covered entity or service provider that is:

(i) Required to comply with:

1. Title V of the federal Gramm–Leach–Bliley Act;

2. The federal Health Information Technology for Economic and Clinical Health Act; or

3. Regulations promulgated under § 264(c) of the Health Insurance Portability and Accountability Act of 1996; and

(ii) In compliance with the information security requirements of applicable statutes or regulations identified in item (i) of this item; or

(2) Information collected as part of a clinical trial subject to the Federal Policy for the Protection of Human Subjects, in accordance with:

(i) Good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use; or

(ii) Human subject protection requirements of the U.S. Food and Drug Administration.
Md. Code, Alcoholic Beverages and Cannabis § 14-603 — MD Code / Article gab / Title 14 / Subtitle 6 / Section 14-603
§14–603.
Status: in_force

(a) There is a Class C beer license.

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

(c) The annual license fee is $50.
Md. Code, Real Property § 14-302 — MD Code / Article grp / Title 14 / Subtitle 3 / Section 14-302
§14–302.
Status: in_force

(a) If a broker is not paid a commission according to the terms of a commercial leasing brokerage agreement, the broker shall be entitled to a lien under this subtitle for the unpaid portion of the commission.

(b) (1) A broker’s lien established under this subtitle shall:

(i) Subject to subparagraph (ii) of this paragraph, have priority over all liens of every kind perfected against the lien property after the issuance of an interlocutory order or the final order of the court under § 14-305 of this subtitle;

(ii) Be subordinate to a mechanics’ lien established under Title 9 of this article, and perfected subsequent to the broker’s lien if the mechanics’ lien relates back to a date when work was performed or materials were furnished and that date is prior to the issuance of an interlocutory order or the final order of the court under § 14-305 of this subtitle;

(iii) Be subordinate to all liens perfected prior to the issuance of an interlocutory order or the final order of the court under § 14-305 of this subtitle, notwithstanding that the holder of a prior perfected lien had knowledge of the broker’s unfiled commission claim at the time of perfection; and

(iv) Be subordinate to all other liens which are otherwise paramount to the broker’s lien by operation of law.

(2) (i) A commercial property may not be subjected to a broker’s lien under this subtitle if, prior to the establishment of the broker’s lien, legal title has been granted to a bona fide purchaser for value.

(ii) The filing of a petition under § 14-304 of this subtitle shall constitute notice to a purchaser of the possibility of a broker’s lien perfected under this subtitle.
Md. Code, Real Property § 14-108 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-108
§14–108.
Status: in_force

(a) Any person in actual peaceable possession of property, or, if the property is vacant and unoccupied, in constructive and peaceable possession of it, either under color of title or claim of right by reason of the person or the person’s predecessor’s adverse possession for the statutory period, when the person’s title to the property is denied or disputed, or when any other person claims, of record or otherwise to own the property, or any part of it, or to hold any lien encumbrance on it, regardless of whether or not the hostile outstanding claim is being actively asserted, and if an action at law or proceeding in equity is not pending to enforce or test the validity of the title, lien, encumbrance, or other adverse claim, the person may maintain a suit in accordance with Subtitle 6 of this title in the circuit court for the county where the property or any part of the property is located to quiet or remove any cloud from the title, or determine any adverse claim.

(b) The proceeding shall be deemed in rem or quasi in rem so long as the only relief sought is a decree that the plaintiff has absolute ownership and the right of disposition of the property, and an injunction against the assertion by the person named as the party defendant, of the person’s claim by any action at law or otherwise. Any person who appears of record, or claims to have a hostile outstanding right, shall be made a defendant in the proceedings.
Md. Code, Alcoholic Beverages and Cannabis § 14-2402 — MD Code / Article gab / Title 14 / Subtitle 24 / Section 14-2402
§14–2402.
Status: in_force

In addition to the other powers of the circuit court for the county provided in Title 4, Subtitle 9 of this article, the court may remand the proceedings to the Board.
Md. Code, Business Regulation § 14-124 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-124
§14–124.
Status: in_force

In connection with an offer to sell or sale of a business opportunity, a person may not make or authorize making a reference to compliance with this subtitle in an advertisement or other contact with prospective buyers other than by use of the disclosure statement or other disclosure documents required by this subtitle.
Md. Code, Estates and Trusts § 14-401 — MD Code / Article get / Title 14 / Subtitle 4 / Section 14-401
§14–401.
Status: in_force

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

(b) “Adult” means an individual who is at least 18 years of age.

(c) “Beneficiary” means an individual for whose present benefit property is held by a trustee in accordance with this subtitle.

(d) “Conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of an individual’s property or a person legally authorized to perform substantially the same functions.

(e) “Court” means the circuit courts of the State of Maryland.

(f) “Declarant” means a transferor who creates a trust under this subtitle and serves as the trustee.

(g) “Guardian” means a person appointed or qualified by a court as a guardian of the person of an individual, including a limited guardian, but not a person who is only a guardian ad litem.

(h) “Legal representative” means a personal representative, conservator, or an attorney in fact under a durable power of attorney.

(i) “Member of the beneficiary’s family” means a beneficiary’s spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.

(j) “Person” means an adult, corporation, organization, or any other legal entity.

(k) “Personal representative” means an executor, administrator, or special administrator of a decedent’s estate, a person legally authorized to perform substantially the same functions, or a successor to any of them.

(l) “State” means the United States of America, a state or subdivision thereof, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

(m) (1) “Transferor” means a person who creates a trust by transfer or declaration under this subtitle.

(2) “Transferor” does not include a person, other than the person who created the trust, who augments an existing trust.

(n) (1) “Trust” means a trust created under this subtitle.

(2) “Trust” does not include a trust created by the transferor for the benefit of the transferor.

(o) “Trust property” means any property, income, or proceeds resulting from the investment of property held in trust under this subtitle.

(p) “Trustee” means a person authorized by law to act as trustee who is designated as trustee of a trust under this subtitle or successor to the person designated.
Md. Code, Business Regulation § 14-201 — MD Code / Article gbr / Title 14 / Subtitle 2 / Section 14-201
§14–201.
Status: in_force

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

(b) “Advertisement” means a communication that:

(1) is published in connection with an offer to sell or sale of a franchise; and

(2) is:

(i) written or printed;

(ii) made by means of a recorded telephone message; or

(iii) spoken on radio, television, or similar communications media.

(c) “Area franchise” means an agreement between a franchisor and subfranchisor in which, for consideration, the subfranchisor is granted the right to sell or negotiate the sale of franchises in the name of or for the franchisor.

(d) “Commissioner” means the Securities Commissioner in the Office of the Attorney General.

(e) (1) “Franchise” means an expressed or implied, oral or written agreement in which:

(i) a purchaser is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan or system prescribed in substantial part by the franchisor;

(ii) the operation of the business under the marketing plan or system is associated substantially with the trademark, service mark, trade name, logotype, advertising, or other commercial symbol that designates the franchisor or its affiliate; and

(iii) the purchaser must pay, directly or indirectly, a franchise fee.

(2) “Franchise” includes an area franchise.

(f) (1) “Franchise fee” means a charge or payment that a franchisee or subfranchisor is required or agrees to pay for the right to enter into a business under a franchise agreement.

(2) “Franchise fee” includes payment for goods or services.

(3) “Franchise fee” does not include:

(i) the purchase of or agreement to purchase goods at a wholesale price;

(ii) the payment of a reasonable service charge to the issuer of a credit card by an establishment that accepts the credit card;

(iii) the amount paid to a licensed trading stamp company by a person issuing trading stamps in connection with the retail sale of goods or services;

(iv) the purchase of or agreement to purchase goods on consignment, if the proceeds remitted by the franchisee from the sale are the wholesale price of the goods;

(v) the repayment by a franchisee of a bona fide loan that the franchisor has made to the franchisee;

(vi) the purchase of or agreement to purchase goods at a retail price subject to a commission or compensation plan that in substance is a wholesale transaction;

(vii) the purchase of or agreement to purchase, at their fair market value, supplies or fixtures that are needed to enter into the business or continue the business under a franchise agreement;

(viii) the purchase or lease of or agreement to purchase or lease, at its fair market value, real property that is needed to enter into the business or continue the business under a franchise agreement; and

(ix) the amount paid for sales demonstration material and equipment, sold at no profit by the seller, for use in making sales and not for resale.

(g) “Franchisee” means a person to whom a franchise is granted.

(h) “Franchisor” means a person who grants a franchise.

(i) “Subfranchisor” means a person to whom an area franchise is granted.
Md. Code, Commercial Law § 14-3306 — MD Code / Article gcl / Title 14 / Subtitle 33 / Section 14-3306
§14–3306.
Status: in_force

(a) An immigration consultant that violates this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both, in addition to any civil penalties imposed under subsection (b) of this section.

(b) An individual injured by a violation of any provision of this subtitle may bring an action to recover:

(1) Any fees or other compensation paid to the immigration consultant; and

(2) Reasonable attorney’s fees in an amount equal to the greater of:

(i) $2,000;

(ii) One-third of the amount obtained under item (1) of this subsection; or

(iii) One-third of the amount obtained under subsection (c) of this section, if applicable.

(c) The court may award up to three times the amount of damages authorized under subsection (b)(1) of this section.
Md. Code, Business Regulation § 14-105 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-105
§14–105.
Status: in_force

The Commissioner may delegate any power or duty of the Commissioner under this subtitle.
Md. Code, Health Occupations § 14-205 — MD Code / Article gho / Title 14 / Subtitle 2 / Section 14-205
§14–205.
Status: in_force

(a) In addition to the powers and duties set forth in this title and in Title 15 of this article, the Board shall:

(1) Enforce this title and Title 15 of this article;

(2) Adopt regulations to carry out the provisions of this title and Title 15 of this article;

(3) Establish policies for Board operations;

(4) Maintain the rules, regulations, and policies of the Board so that the rules, regulations, and policies reflect the current practices of the Board;

(5) Oversee:

(i) The licensing requirements for physicians and the allied health professionals; and

(ii) The issuance and renewal of licenses;

(6) Maintain secure and complete records;

(7) Review and preliminarily investigate complaints, including acknowledging receipt of complaints and informing complainants of the final disposition of complaints;

(8) Develop and implement methods to:

(i) Assess and improve licensee practices; and

(ii) Ensure the ongoing competence of licensees;

(9) Ensure that an opportunity for a hearing is provided to an individual, in accordance with law, before any action is taken against the individual;

(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction;

(11) Report on all disciplinary actions, license denials, and license surrenders;

(12) Establish appropriate fees that are adequate to fund the effective regulation of physicians and allied health professionals;

(13) Make recommendations that benefit the health, safety, and welfare of the public;

(14) Provide ongoing education and training for Board members to ensure that the Board members can competently discharge their duties;

(15) Direct educational outreach to and communicate with licensees and the public;

(16) Develop and adopt a budget that reflects revenues and supports the costs associated with each allied health profession regulated by the Board;

(17) Develop and approve an annual report and other required reports for submission to the Secretary, the Governor, the General Assembly, and the public;

(18) Approve contracts as needed and within budgetary limits;

(19) Appoint standing and ad hoc committees from among Board members as necessary;

(20) Delegate to the executive director of the Board the authority to discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the Board or disciplinary panel, and hold the executive director accountable to the Board; and

(21) Appoint members of the disciplinary panels.

(b) (1) In addition to the powers set forth elsewhere in this title, the Board may:

(i) Adopt regulations to regulate the performance of acupuncture, but only to the extent authorized by § 14–504 of this title;

(ii) After consulting with the State Board of Pharmacy, adopt rules and regulations regarding the dispensing of prescription drugs by a licensed physician;

(iii) On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, conduct an unannounced inspection of the office of a physician or acupuncturist, other than an office of a physician or acupuncturist in a hospital, related institution, freestanding medical facility, or a freestanding birthing center, to determine compliance at that office with the Centers for Disease Control and Prevention’s guidelines on universal precautions; and

(iv) Contract with others for the purchase of administrative and examination services to carry out the provisions of this title.

(2) The Board or a disciplinary panel may investigate an alleged violation of this title and Title 15 of this article.

(3) Subject to the Administrative Procedure Act and the hearing provisions of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an applicant has failed to renew the applicant’s license, refuse to renew or reinstate an applicant’s license for:

(i) Any of the reasons that are grounds for action under § 14–404, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, or § 14–5G–18 of this title, as applicable; or

(ii) Failure to complete a criminal history records check in accordance with § 14–308.1 of this title.

(c) (1) In addition to the duties set forth elsewhere in this title, the Board shall:

(i) Issue, for use in other jurisdictions, a certificate of professional standing and a verification of license status to any licensee; and

(ii) Keep a list of all pending license applicants.

(2) (i) The Board shall keep a list of all licensees who are currently licensed.

(ii) The list shall include each licensee’s designated public address.

(iii) A licensee’s designated public address may be a post office box only if the licensee provides to the Board a nonpublic address, under paragraph (3) of this subsection, that is not a post office box.

(iv) The list of current licensees is a public record.

(3) (i) The Board shall collect a licensee’s designated nonpublic address, if provided by the licensee, to facilitate communication between the licensee and the Board.

(ii) The Board shall offer a licensee the opportunity to designate a nonpublic address, in addition to the licensee’s public address, at the time of initial licensure and license renewal.

(iii) A licensee shall designate an address where the Board may send the licensee mail.

(iv) A licensee’s designated nonpublic address is not a public record and may not be released by the Board.

(d) The Board may not release a list of applicants for licensure.

(e) Except as otherwise specified in statute, the Board may adopt regulations regarding advisory committees established under this title and Title 15 of this article governing:

(1) The term of office for members;

(2) The procedures for filling vacancies on an advisory committee;

(3) The removal of members; and

(4) The duties of each officer.
Md. Code, Health Occupations § 14-5C-19 — MD Code / Article gho / Title 14 / Subtitle 5C / Section 14-5C-19
§14–5C–19.
Status: in_force

(a) Subject to subsection (b) of this section, on the application of an individual whose license has been revoked, a disciplinary panel, on the affirmative vote of a majority of its full authorized membership, may reinstate a revoked license.

(b) A disciplinary panel may not reinstate a revoked license that has been revoked for a period of more than 1 year unless the licensee:

(1) Meets the requirements for reinstatement as established under this title; and

(2) Completes a criminal history records check in accordance with § 14–308.1 of this title.
Md. Code, Real Property § 14-404 — MD Code / Article grp / Title 14 / Subtitle 4 / Section 14-404
§14–404.
Status: in_force

(a) The plane rectangular coordinates of a point on the earth’s surface, to be used in expressing the position or location of the point on the Maryland Coordinate System, consist of two distances, expressed in meters and decimals of meters.

(b) (1) One of the distances, known as the “eastings”, shall give the position in an east-west direction.

(2) The other distance, known as the “northings”, shall give the position in a north-south direction.

(c) The plane rectangular coordinates under this section shall be made to depend on and conform to the plane rectangular coordinates of the triangulation and traverse stations of the National Geodetic Survey within the State, as those coordinates have been determined by the National Geodetic Survey.
Md. Code, Health Occupations § 14-5B-18.1 — MD Code / Article gho / Title 14 / Subtitle 5B / Section 14-5B-18.1
§14–5B–18.
Status: in_force

§14–5B–18.1.

(a) Except as otherwise provided in this subtitle, a licensed physician may not employ or supervise an individual practicing radiation therapy, radiography, nuclear medicine technology, or radiology assistance without a license.

(b) Except as otherwise provided in this subtitle, an employer may not employ an individual practicing radiation therapy, radiography, nuclear medicine technology, or radiology assistance without a license.

(c) A disciplinary panel may impose a civil penalty of up to $5,000 for employing an individual without a license under this section.

(d) The Board shall remit any penalty collected under this section into the General Fund of the State.
Md. Code, Commercial Law § 14-1104 — MD Code / Article gcl / Title 14 / Subtitle 11 / Section 14-1104
§14–1104.
Status: in_force

(a) At or before the time the buyer signs a layaway agreement, the seller shall give him an exact copy signed by the seller.

(b) Upon execution of a layaway agreement, the seller shall hold for the buyer or agree to deliver to the buyer on a date mutually acceptable to both parties, the consumer goods or consumer goods that are identical to those originally selected by the buyer, as long as the buyer complies with all of the terms of the layaway agreement.

(c) (1) The seller shall permit the buyer to cancel a layaway agreement, without any penalty or obligation, within 7 calendar days from the date of the layaway agreement.

(2) If the buyer cancels the layaway agreement as provided in paragraph (1) of this subsection, the seller shall:

(i) Refund all payments made under the layaway agreement; and

(ii) Return, in substantially as good condition as when received by the seller, any goods or property traded in.

(d) (1) If a payment is made on account of a layaway agreement, the seller shall give the buyer on his request, or, if payment is made in cash, without request, a complete written receipt for the payment; and

(2) If the buyer requests information on the status of his account, the seller, within 10 days after the request at the place of business where the layaway sale was made, shall give the buyer a written statement setting forth:

(i) The layaway price;

(ii) The total amount paid by the buyer to date; and

(iii) The total amount remaining due to the seller.

(e) After the buyer has made all payments to the seller in accordance with the layaway agreement, the seller shall deliver to the buyer the consumer goods or consumer goods that are identical to those originally selected by the buyer.
Md. Code, Real Property § 14-132 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-132
§14–132.
Status: in_force

(a) In this section, “wrongful detainer” means to hold possession of real property without the right of possession.

(b) This section does not apply if:

(1) The person in actual possession of the property has been granted possession under a court order;

(2) A remedy is available under Title 8 of this article; or

(3) Any other exclusive means to recover possession is provided by statute or rule.

(c) A person may not hold possession of property unless the person is entitled to possession of the property under the law.

(d) (1) If a person violates subsection (c) of this section, a person claiming possession may make complaint in writing to the District Court of the county in which the property is located.

(2) (i) On receipt of a complaint under paragraph (1) of this subsection, the court shall summons immediately the person in possession to appear before the court on the day specified in the summons to show cause, if any, why restitution of the possession of the property to the person filing the complaint should not be made.

(ii) A hearing scheduled under subparagraph (i) of this paragraph shall be held not more than 10 business days after the complaint is filed under paragraph (1) of this subsection.

(3) If, for any reason, the person in actual possession cannot be found after two good faith efforts on different days, the person authorized to serve process by the Maryland Rules shall:

(i) File an affidavit with the court describing the good faith efforts to serve the person in actual possession;

(ii) Mail a copy of the complaint by certified mail, return receipt requested, and first–class mail to the last known address of the person in actual possession and, if different, to the address of the residential property subject to the complaint; and

(iii) Affix an attested copy of the summons conspicuously on the property.

(4) If notice of the summons is sent to the person in possession in accordance with paragraph (3) of this subsection, the notice shall constitute sufficient service to support restitution of possession.

(5) Service shall be made under paragraphs (3) and (4) of this subsection within 4 business days after the complaint is filed under paragraph (1) of this subsection.

(e) A counterclaim or cross–claim may not be filed in an action brought under this section.

(f) (1) If the court determines that the complainant is legally entitled to possession, the court shall:

(i) Give judgment for restitution of the possession of the property to the complainant; and

(ii) Issue its warrant to the sheriff or constable commanding the sheriff or constable to deliver possession to the complainant.

(2) The court may also give judgment in favor of the complainant for damages due to the wrongful detainer and for court costs and attorney fees if:

(i) The complainant claimed damages in the complaint; and

(ii) The court finds that:

1. The person in actual possession was personally served with the summons; or

2. There was service of process or submission to the jurisdiction of the court as would support a judgment in contract or tort.

(3) A person in actual possession who is not personally served with a summons is not subject to the personal jurisdiction of the District Court if the person appears in response to the summons and prior to the time that evidence is taken by the court and asserts that the appearance is only for the purpose of defending an in rem action.

(g) Subject to § 8–118.1 of this article, a party to a wrongful detainer action brought in the District Court under this section may demand a trial by jury in accordance with Title 8, Subtitle 6 of this article.

(h) (1) Not later than 10 days from the entry of the judgment of the District Court, either party may appeal to the circuit court for the county in which the property is located.

(2) The person in actual possession of the property may retain possession until the determination of the appeal if the person:

(i) Files with the court an affidavit that the appeal is not taken for delay; and

(ii) 1. Files sufficient bond with one or more securities conditioned on diligent prosecution of the appeal; or

2. Pays to the complainant or into the appellate court:

A. The fair rental value of the property for the entire period of possession up to the date of judgment;

B. All court costs in the case;

C. All losses or damages other than the fair rental value of the property up to the day of judgment that the court determined to be due because of the detention of possession; and

D. The fair rental value of the property during the pendency of the appeal.

(3) On application of either party, the court shall set a hearing date for the appeal that is not less than 5 days or more than 15 days after the application for appeal.

(4) Notice of the order for a hearing shall be served on the parties or the parties’ counsels not less than 5 days before the hearing.

(i) If the judgment of the circuit court shall be in favor of the person claiming possession, a warrant shall be issued by the court to the sheriff, who shall proceed immediately to execute the warrant.
Md. Code, Tax - Property § 14-1013 — MD Code / Article gtp / Title 14 / Subtitle 10 / Section 14-1013
§14–1013.
Status: in_force

A person who assaults a collector who is performing a duty is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 12 months or both.
Md. Code, Environment § 14-501 — MD Code / Article gen / Title 14 / Subtitle 5 / Section 14-501
§14–501.
Status: in_force

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

(b) “Coastal area” means all that land and water area lying within Anne Arundel, Baltimore, Calvert, Caroline, Cecil, Charles, Dorchester, Harford, Kent, Prince George’s, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, the Chesapeake Bay, and lying seaward to the State’s territorial jurisdiction.

(c) “Construction” means any clearing, grading, excavation, building or other action that would affect the natural environment of the coastal area, or the commencement of any of these activities. This does not include any activity for the sole purpose of securing biological or geological data or other data for an economic or environmental analysis.

(d) “Department” means the Department of the Environment.

(e) “Facility” means:

(1) Any pipeline carrying crude oil or natural gas ashore from offshore sources;

(2) Any intermediate production terminal or refinery which is designed to process at least ten thousand barrels of crude oil per calendar day;

(3) Any crude oil storage facility:

(i) Whose total design capacity is at least 100,000 barrels;

(ii) Which occupies at least fifty acres; or

(iii) Whose average throughput is at least ten thousand barrels per calendar day;

(4) Any facility for the processing, transmission, or storage of natural gas with a total design capacity for at least one billion cubic feet of gas for storage or two hundred million cubic feet for processing;

(5) Any operations base which:

(i) Includes port and harbor facilities;

(ii) Occupies at least twenty–five acres; and

(iii) Is designed, constructed and operated as an assembly area for the storage, handling, and transport of supplies whose next and final destination is any oil and/or gas exploration, development, or production–related operation conducted in the territorial sea, contiguous zone or high seas area; or

(6) Any fabrication yard which is an assembly operation used for the construction or preparation of petroleum drilling rigs, jackets or platforms, or wellhead installations, whose final destination is installation or operation in the territorial sea, contiguous zone, or high seas area.

(f) “Government agencies” means the government of the United States, the State of Maryland, or any other state, their political subdivisions, units, or instrumentalities thereof, and interstate units.

(g) “Person” includes corporations, companies, associations, firms, partnerships, and joint stock companies, as well as individuals and government agencies.

(h) “Secretary” means the Secretary of the Environment.
Md. Code, Public Safety § 14-102 — MD Code / Article gps / Title 14 / Subtitle 1 / Section 14-102
§14–102.
Status: in_force

(a) To ensure that the State will be adequately prepared to deal with emergencies, to protect the public peace, health, and safety in the State, to preserve the lives and property of the people of the State, and to ensure the social and economic resilience of the State, it is necessary to:

(1) establish a Maryland Department of Emergency Management;

(2) authorize the establishment of local organizations for emergency management in the political subdivisions;

(3) confer on the Governor and on the senior elected officials or governing bodies of the political subdivisions the emergency powers provided in this subtitle;

(4) provide for the rendering of mutual aid among the political subdivisions and with other states in carrying out emergency management functions; and

(5) authorize a comprehensive emergency management system that empowers all State departments and agencies to systematically prepare for, mitigate, respond to, and recover from potential or actual emergencies through risk reduction and consequence management.

(b) It is the policy of the State and the purpose of this subtitle to coordinate, to the maximum extent possible, all emergency management functions of the State with the comparable functions of the federal government, other states, political subdivisions, other localities, and private agencies, so that the most effective preparation and use may be made of the resources and facilities available for dealing with any potential or actual emergency.

(c) (1) It is the policy of the State that the initial governmental authority and responsibility for emergency management activities and operations be placed at the local level.

(2) The State shall prepare for emergency management activities and operations and coordinate activity in support of the response, but may not preempt local authority for responding to an emergency unless:

(i) 1. the emergency involves more than one political subdivision; and

2. one or more of the political subdivisions involved makes a request for State–level authority to coordinate or intervene;

(ii) the political subdivision or subdivisions in which the emergency occurs issues a request from the senior elected official for the State to assume authority for the emergency;

(iii) evidence exists that the political subdivision is overwhelmed by the emergency; or

(iv) the Governor or the Governor’s designee determines that additional resources are necessary to protect the public interest.
Md. Code, Criminal Procedure § 14-107 — MD Code / Article gcp / Title 14 / Subtitle 1 / Section 14-107
§14–107.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the State Prosecutor may investigate:

(i) a criminal offense under the State election laws;

(ii) a criminal offense under the State Public Ethics Law;

(iii) a violation of the State bribery laws in which an official or employee of the State, a political subdivision of the State, or a bicounty or multicounty unit of the State was the offeror, offeree, or intended offeror or offeree of a bribe;

(iv) an offense constituting criminal malfeasance, misfeasance, or nonfeasance in office committed by an officer or employee of the State, of a political subdivision of the State, or of a bicounty or multicounty unit of the State;

(v) a violation of the State extortion, perjury, or obstruction of justice laws related to an activity described in this paragraph; and

(vi) a criminal offense related to voting in a municipal election under § 4–108.1 of the Local Government Article.

(2) The State Prosecutor may not investigate an offense alleged to have been committed by the State Prosecutor or a member of the State Prosecutor’s staff.

(3) The State Prosecutor may investigate an alleged offense under paragraph (1) of this subsection on the State Prosecutor’s own initiative or on request of:

(i) the Governor;

(ii) the Attorney General;

(iii) the General Assembly;

(iv) the State Ethics Commission; or

(v) a State’s Attorney.

(4) An individual who is advised by the State Prosecutor that the individual is under investigation under paragraph (1)(iv) of this subsection may release this information to the public, as well as any results of the investigation that pertain to the individual.

(b) On request of the Governor, the Attorney General, the General Assembly, or a State’s Attorney, the State Prosecutor may investigate criminal activity that is committed:

(1) partly in the State and partly in another jurisdiction; or

(2) in more than one political subdivision of the State.
Md. Code, Real Property § 14-612 — MD Code / Article grp / Title 14 / Subtitle 6 / Section 14-612
§14–612.
Status: in_force

Any person who has a claim to the property described in a complaint under this subtitle may appear in the proceeding.
Md. Code, Commercial Law § 14-1901 — MD Code / Article gcl / Title 14 / Subtitle 19 / Section 14-1901
§14–1901.
Status: in_force

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

(b) “Commissioner” means the Commissioner of Financial Regulation of the Maryland Department of Labor.

(c) “Consumer” means any individual who is solicited to purchase or who purchases for personal, family, or household purposes the services of a credit services business.

(d) “Consumer reporting agency”, “consumer report”, “investigative consumer report”, and “file” shall have the meaning ascribed to each under § 14–1201 of this title.

(e) (1) “Credit services business” means any person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that such person can or will sell, provide, or perform, any of the following services in return for the payment of money or other valuable consideration:

(i) Improving a consumer’s credit record, history, or rating or establishing a new credit file or record, or providing advice or assistance to a consumer with regard to improving the consumer’s credit record, history, or rating or establishing a new credit file or record; or

(ii) Obtaining an extension of credit for a consumer, or providing advice or assistance to a consumer with regard to obtaining an extension of credit for the consumer.

(2) “Credit services business” includes a person who sells or attempts to sell written materials containing information that the person represents will enable a consumer to establish a new credit file or record.

(3) “Credit services business” does not include:

(i) Any person authorized to make loans or extensions of credit under the laws of this State or the United States who is actively engaged in the business of making loans or other extensions of credit to residents of this State;

(ii) Any bank, trust company, savings bank, or savings and loan association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any credit union organized and chartered under the laws of this State or the United States;

(iii) Any nonprofit organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3));

(iv) Any person licensed as a real estate broker, an associate real estate broker, or a real estate salesperson by this State where the person is acting within the course and scope of that license;

(v) Any person licensed as a mortgage lender by this State;

(vi) An individual admitted to the Bar of the Supreme Court of Maryland when the individual renders services within the course and scope of practice by the individual as a lawyer and does not engage in the credit services business on a regular and continuing basis;

(vii) Any broker–dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker–dealer is acting within the course and scope of that regulation;

(viii) Any consumer reporting agency as defined in the federal Fair Credit Reporting Act (15 U.S.C. §§ 1681 – 1681t) or in § 14–1201(f) of this title;

(ix) An individual licensed by the Maryland Board of Public Accountancy when the individual renders services within the course and scope of practice by the individual as a certified public accountant and does not engage in the credit services business on a regular and continuing basis; or

(x) Beginning July 1, 2013, a mortgage assistance relief service provider regulated under Title 7, Subtitle 5 of the Real Property Article.

(f) “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.

(f–1) “License” means a license issued in any form by the Commissioner under this subtitle to engage in the business of a credit services business, including as provided for through NMLS.

(f–2) “Licensee” means a person licensed under this subtitle to engage in the business of a credit services business.

(g) “Person” includes an individual, corporation, government or governmental subdivision or agency, business trust, statutory trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest, and any other legal or commercial entity.
Md. Code, Health Occupations § 14-5E-09 — MD Code / Article gho / Title 14 / Subtitle 5E / Section 14-5E-09
§14–5E–09.
Status: in_force

(a) To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall:

(1) Be of good moral character;

(2) Be at least 18 years old; and

(3) Complete a criminal history records check in accordance with § 14–308.1 of this title.

(c) An applicant for a license to practice perfusion shall:

(1) (i) Submit to the Board satisfactory evidence of certification as a certified perfusionist or other national certification approved by the Board; and

(ii) Meet any other educational or clinical requirements established by the Committee and approved by the Board; or

(2) (i) Submit to the Board satisfactory evidence of graduation from a perfusion educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs, or the Commission’s predecessor or successor; and

(ii) Meet any other educational or clinical requirements established by the Committee and approved by the Board.
Md. Code, Real Property § 14-125 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-125
§14–125.
Status: in_force

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

(2) “Community association” means a Maryland nonprofit corporation that:

(i) Is comprised of at least 20% of the total number of households as members, with a minimum membership of 25 households, of a local community that consists of 40 or more individual households as defined by specific geographic boundaries in the bylaws or charter of the community association;

(ii) Requires, as a condition of membership, the payment of monetary dues at least annually;

(iii) Is operated primarily for the promotion of social welfare and general neighborhood improvement and enhancement;

(iv) Has been in existence for at least 1 year when it files suit under this section;

(v) 1. Is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code; or

2. Has been included for a period of at least 1 year prior to bringing an action under this section in the “Directory of Organizations in Baltimore County” that is published by the Baltimore County Public Library; and

(vi) Is in good standing.

(3) “Local code violation” means a violation under Title 22. “Nuisances” of the Baltimore County Code 1988.

(4) “Nuisance” means, within the boundaries of the community represented by the community association, an act or condition created, performed, or maintained on private property that constitutes a local code violation and that:

(i) Negatively impacts the well–being of other residents of the neighborhood; and

(ii) 1. Is injurious to public health, safety, or welfare of neighboring residents; or

2. Obstructs the reasonable use of other property in the neighborhood.

(b) This section only applies to a nuisance located within the boundaries of Baltimore County.

(c) (1) A community association may seek injunctive and other equitable relief in the Circuit Court for Baltimore County for abatement of a nuisance upon showing that:

(i) The notice requirements under paragraphs (2) and (3) of this subsection have been satisfied; and

(ii) The nuisance has not been abated.

(2) (i) An action may not be brought under this section based on a nuisance until 60 days after the community association gives notice of the violation and of the community association’s intent to bring an action under this section by certified mail, return receipt requested, to the County Code enforcement agency.

(ii) An action under this section may not be brought if the County Code enforcement agency has filed an action for equitable relief from the nuisance.

(3) (i) An action may not be brought under this section until 60 days after the tenant, if any, and owner of record receive notice by certified mail, return receipt requested, from the community association that a nuisance exists and that legal action may be taken if the nuisance is not abated.

(ii) The notice shall specify:

1. The nature of the alleged nuisance;

2. The date and time of day the nuisance was first documented;

3. The location on the property where the nuisance is allegedly occurring; and

4. The relief sought.

(iii) In filing a suit under this section, an officer of the community association shall certify to the court:

1. What steps the community association has taken to satisfy the notice requirements under this subsection; and

2. That each condition precedent to the filing of an action under this section has been met.

(4) The court shall determine in what amount and under what conditions, if any, a bond shall be filed by a community association in an action for relief under this section.

(d) A political subdivision of the State or any agency of a political subdivision is not subject to any action brought under this section or an action resulting from an action brought under this section against a private property owner.

(e) (1) Subject to paragraph (2) of this subsection, this section may not be construed to abrogate any equitable or legal right or remedy otherwise available under the law to abate a nuisance.

(2) This section may not be construed as granting standing for an action:

(i) Challenging any zoning, development, special exception, or variance application or approval;

(ii) In which the alleged nuisance consists of:

1. A condition relating to lead paint;

2. An interior physical defect of a property, except in situations that present a threat to neighboring properties; or

3. A vacant dwelling that is maintained in a boarded condition, free from trash and debris, and secure against trespassers and weather entry;

(iii) Involving any violation of alcoholic beverages laws under the Alcoholic Beverages and Cannabis Article; or

(iv) Involving any matter in which a certificate, license, permit, or registration is required or allowed under the Environment Article.
Md. Code, Health Occupations § 14-309 — MD Code / Article gho / Title 14 / Subtitle 3 / Section 14-309
§14–309.
Status: in_force

To apply for a license, an applicant shall:

(1) Complete a criminal history records check in accordance with § 14–308.1 of this subtitle;

(2) Submit an application to the Board on the form that the Board requires; and

(3) Pay to the Board the application fee set by the Board.
Md. Code, Public Safety § 14-3A-01 — MD Code / Article gps / Title 14 / Subtitle 3A / Section 14-3A-01
§14–3A–01.
Status: in_force

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

(b) “Catastrophic health emergency” means a situation in which extensive loss of life or serious disability is threatened imminently because of exposure to a deadly agent.

(c) “Deadly agent” means:

(1) anthrax, ebola, plague, smallpox, tularemia, or other bacterial, fungal, rickettsial, or viral agent, biological toxin, or other biological agent capable of causing extensive loss of life or serious disability;

(2) mustard gas, nerve gas, or other chemical agent capable of causing extensive loss of life or serious disability; or

(3) radiation at levels capable of causing extensive loss of life or serious disability.

(d) “Exposure to a deadly agent” means a threat to human health caused by the release, distribution, or transmission of a deadly agent in:

(1) this State; or

(2) another jurisdiction because of movement into the State of the deadly agent or of individuals exposed to the deadly agent.

(e) “Health care provider” means:

(1) a health care facility as defined in § 19–114(d)(1) of the Health – General Article;

(2) a health care practitioner as defined in § 19–114(e) of the Health – General Article; and

(3) an individual licensed or certified as an emergency medical services provider under § 13–516 of the Education Article.

(f) “Secretary” means the Secretary of Health.
Md. Code, Real Property § 14-705 — MD Code / Article grp / Title 14 / Subtitle 7 / Section 14-705
§14–705.
Status: in_force

(a) (1) If, on affidavit of the plaintiff, it appears to the satisfaction of the court that the plaintiff has used reasonable diligence to ascertain the identity and residence of and to serve a summons on the persons named as unknown defendants and persons joined as testate or intestate successors of a person known or believed to be dead, the court shall order service by publication in accordance with Rule 2–122 of the Maryland Rules and the provisions of this subtitle.

(2) The order shall direct that a copy of the summons, the complaint, and the order for publication be mailed immediately to the party if the party’s address is ascertained before expiration of the time prescribed for publication of the summons.

(b) This section does not authorize service by publication on any person named as an unknown defendant who is in open and actual possession of the property.
Md. Code, Insurance § 14-206 — MD Code / Article gin / Title 14 / Subtitle 2 / Section 14-206
§14–206.
Status: in_force

(a) This section applies to an employee benefit plan whose benefit provisions are governed by the Employee Retirement Income Security Act of 1974 (ERISA) or another federal law.

(b) On request of the Commissioner, each insurer, employer, third party administrator, or other entity that issues, delivers, administers, or offers a preferred provider insurance policy in the State shall file with the Commissioner:

(1) a written summary description and a prototype copy of:

(i) the preferred provider insurance policy;

(ii) all attendant provider service contracts;

(iii) any other related contracts; and

(iv) any amendments to the documents listed in items (i) through (iii) of this item; and

(2) any other related documents or information that the Commissioner requires.

(c) The Commissioner may impose a penalty not exceeding $1,000 for each failure to comply with this section.
Md. Code, Public Safety § 14-212 — MD Code / Article gps / Title 14 / Subtitle 2 / Section 14-212
§14–212.
Status: in_force

(a) Except by order of court in a proceeding affecting the right of possession, an action for eviction or distress may not be brought against a person in emergency management service or person suffering injury or damage if:

(1) the rent for the premises does not exceed $150 per month; and

(2) the premises are occupied for dwelling purposes by the spouse, children, or other dependents of the person in emergency management service or person suffering injury or damage.

(b) (1) In a proceeding affecting the right of possession:

(i) 1. on its own initiative the court may stay the proceeding for a period not exceeding 3 months; and

2. subject to paragraph (2) of this subsection, on motion the court shall stay the proceeding for a period not exceeding 3 months; or

(ii) the court may issue any other order.

(2) The court need not stay the action if the court finds that the ability of a tenant to pay the agreed rent was not materially affected because the tenant was a person in emergency management service or person suffering injury or damage.
Md. Code, Business Occupations and Professions § 14-406 — MD Code / Article gbo / Title 14 / Subtitle 4 / Section 14-406
§14–406.
Status: in_force

(a) Subject to subsection (b) of this section and while a permit is in effect, the permit authorizes the holder to:

(1) operate a business through which one or more professional engineers or individuals authorized to practice engineering under § 14–303 of this title practice or offer to practice engineering; and

(2) represent to the public that the business provides or offers to provide the services of a professional engineer.

(b) A permit authorizes the holder to provide a service that constitutes the practice of engineering only if the service is performed by an individual who is licensed or otherwise authorized to practice engineering under this title.
Md. Code, Public Safety § 14-701 — MD Code / Article gps / Title 14 / Subtitle 7 / Section 14-701
§14–701.
Status: in_force

The Emergency Management Assistance Compact is entered into with all other jurisdictions which adopt the Compact in a form substantially as the Compact appears in § 14-702 of this subtitle.
Md. Code, Environment § 14-207 — MD Code / Article gen / Title 14 / Subtitle 2 / Section 14-207
§14–207.
Status: in_force

For the privilege of using geological strata beneath the surface of the earth in Prince George’s County or underground storage of gas in volumes greater than the minimum volume specified, a gas storage company shall pay the county an annual underground storage use fee. The fee applies annually to all gas in storage, except the specified minimum volume, on the last day of each calendar year. It is computed at the following annual rates on the commodity charge paid for the gas by the gas storage company, as evidenced by the tariff under which the gas was purchased:

Rate Cubic feet of gas in storage

No fee On the first 5 billion

2 percent On all over 5 billion but not over 10 billion

4 percent On all over 10 billion but not over 15 billion

6 percent On all over 15 billion but not over 20 billion

8 percent On all over 20 billion but not over 25 billion

10 percent On all over 25 billion.
Md. Code, Health Occupations § 14-5E-21 — MD Code / Article gho / Title 14 / Subtitle 5E / Section 14-5E-21
§14–5E–21.
Status: in_force

(a) Unless authorized to practice perfusion under this subtitle, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice perfusion in this State.

(b) Unless authorized to practice perfusion under this subtitle, a person may not use the titles “certified clinical perfusionist”, “licensed perfusionist”, or “licensed clinical perfusionist”, the abbreviations “C.C.P.”, “L.P.”, or “L.C.P.”, or any other words, letters, or symbols with the intent to represent that the person practices perfusion, holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion or its successor entity, or holds a license as a licensed perfusionist issued by the Board.
Md. Code, Health Occupations § 14-413 — MD Code / Article gho / Title 14 / Subtitle 4 / Section 14-413
§14–413.
Status: in_force

(a) (1) Except as provided in subsections (b) and (d) of this section, each employer of a licensed physician shall submit to the Board a report if:

(i) The employer:

1. Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the licensed physician’s clinical privileges, employment, or other ability to practice or treat patients;

2. Involuntarily terminated or restricted the licensed physician’s employment or staff membership; or

3. Asked the licensed physician to voluntarily resign because of the licensed physician’s conduct or while the licensed physician is being investigated; and

(ii) The action described under item (i) of this paragraph was taken:

1. For reasons that might be grounds for disciplinary action under § 14–404 of this subtitle;

2. Because the licensed physician may have engaged in an act that may constitute unprofessional conduct;

3. Because the licensed physician may be unable to practice medicine with reasonable skill and safety because of a physical or mental condition or professional incompetence; or

4. Because the licensed physician may have harmed or placed one or more patients or the public at unreasonable risk of harm by engaging in an act that creates an immediate or continuing danger.

(2) Each report submitted under paragraph (1) of this subsection shall include:

(i) The action taken by the employer;

(ii) A detailed explanation of the reasons for the action, including references to specific patient medical records, if any, that informed the employer’s action; and

(iii) The steps taken by the employer to investigate the conduct of the licensed physician.

(3) (i) The Board may request from the employer additional information regarding an action described in paragraph (1) of this subsection that was taken by the employer.

(ii) If an employer receives a request made under subparagraph (i) of this paragraph, the employer shall promptly provide the additional information.

(b) If an employer knows that the conduct of a licensed physician requires that the employer submit a report under subsection (a)(1) of this section because the licensed physician is impaired by alcohol or another substance, the employer is not required to report the licensed physician to the Board if:

(1) The employer knows that the licensed physician is:

(i) In a substance use disorder treatment program that is accredited by The Joint Commission or is certified by the Department; or

(ii) Under the care of a health care practitioner who is competent and capable of dealing with substance use disorders;

(2) The employer is able to verify that the licensed physician remains in the treatment program until successful discharge; and

(3) The action or condition of the licensed physician has not caused injury to any person while the physician is practicing as a licensed physician.

(c) If the employer knows that the licensed physician is noncompliant with the substance use disorder treatment program, the employer of the licensed physician shall report the licensed physician’s noncompliance to the Board.

(d) (1) The Board may extend the reporting time under this section for good cause shown.

(2) A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of substance use disorder patient records.

(e) The Board may enforce this section by subpoena.

(f) Any person shall have the immunity from liability described under § 5–715(d) of the Courts and Judicial Proceedings Article for giving any of the information required by this section.

(g) An employer required to make a report to the Board under this section shall submit the report within 10 days after the action requiring the report.

(h) A report made under this section is privileged, not subject to inspection under the Public Information Act, and not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.

(i) (1) A disciplinary panel may impose a civil penalty of up to $10,000 for knowingly failing to report under this section.

(2) A disciplinary panel may impose a civil penalty of up to $10,000 per incident for a report made by an employer in bad faith.

(3) The Board shall remit any penalty collected under this subsection into the General Fund of the State.
Md. Code, Real Property § 14-406 — MD Code / Article grp / Title 14 / Subtitle 4 / Section 14-406
§14–406.
Status: in_force

A triangulation or traverse station may be used in establishing a survey connection with the Maryland Coordinate System if:

(1) The triangulation or traverse station is established:

(i) In accordance with § 14-405 of this subtitle; or

(ii) By or in accordance with the requirements of the State department authorized to administer this subtitle; and

(2) The connection is made in accordance with the regulations adopted by the State department authorized to administer this subtitle.
Md. Code, Commercial Law § 14-3803 — MD Code / Article gcl / Title 14 / Subtitle 38 / Section 14-3803
§14–3803.
Status: in_force

(a) A facilitator shall display, in a prominent place at each business location of the facilitator, a schedule of the fees charged for facilitating refund anticipation loans and refund anticipation checks.

(b) A facilitator shall include on each fee schedule the following:

(1) Examples of the annual percentage rate charged for refund anticipation loans in the amounts of:

(i) $250;

(ii) $500;

(iii) $1,000; and

(iv) $2,500;

(2) A legend, centered and in bold capital letters in at least 14 point type, stating:

“NOTICE CONCERNING REFUND ANTICIPATION LOANS”; and

(3) The following statement:

“When you take out a refund anticipation loan, you are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the refund anticipation loan. If your tax refund is delayed, you may have to pay additional costs. You usually can get your tax refund in 8 to 15 days without paying any extra fees for a refund anticipation loan. You can have your tax return filed electronically and your refund direct deposited into your own bank account without obtaining a refund anticipation loan or paying fees for an extra product.”.

(c) The fee schedule and disclosures required under subsections (a) and (b) of this section shall be printed in at least 14 point type on a sign not less than 16 by 20 inches.

(d) A facilitator may not charge any fee to a consumer for facilitating a refund anticipation loan or refund anticipation check that is not disclosed on or is different from the fee shown on the schedule required under this section.
Md. Code, Health Occupations § 14-5D-11.2 — MD Code / Article gho / Title 14 / Subtitle 5D / Section 14-5D-11.2
§14–5D–11.
Status: in_force

§14–5D–11.2.

(a) A physician or an employer shall notify the Board within 10 days of the termination of an athletic trainer for reasons that would be grounds for discipline under this subtitle.

(b) A supervising physician and an athletic trainer shall notify the Board within 10 days of the termination of the relationship under an evaluation and treatment protocol.
Md. Code, Health Occupations § 14-5B-19 — MD Code / Article gho / Title 14 / Subtitle 5B / Section 14-5B-19
§14–5B–19.
Status: in_force

(a) A person who violates § 14–5B–17 or § 14–5B–18 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(b) A person who violates § 14–5B–17 or § 14–5B–18 of this subtitle is subject to a civil fine of not more than $5,000 to be levied by a disciplinary panel.

(c) The Board shall pay any penalty collected under this section into the Board of Physicians Fund.
Md. Code, Alcoholic Beverages and Cannabis § 14-103 — MD Code / Article gab / Title 14 / Subtitle 1 / Section 14-103
§14–103.
Status: in_force

A copy of any legislation concerning alcoholic beverages enacted by the County Commissioners under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.
Md. Code, Health Occupations § 14-5D-01 — MD Code / Article gho / Title 14 / Subtitle 5D / Section 14-5D-01
§14–5D–01.
Status: in_force

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

(b) “Alternate supervising physician” means one or more physicians designated by the supervising physician to provide supervision of an athletic trainer:

(1) During the absence of the supervising physician; and

(2) In accordance with the evaluation and treatment protocol on file with the Board.

(c) “Athletic individual” means an individual who participates in an athletic activity, a job function, or a job–related activity that requires physical strength, range of motion, flexibility, control, speed, stamina, or agility.

(d) “Board” means the State Board of Physicians.

(e) “Committee” means the Athletic Trainer Advisory Committee established under § 14–5D–04 of this subtitle.

(e–1) “Dry needling” means an intramuscular manual therapy that:

(1) Involves the insertion of one or more solid needles into the muscle and related tissues to effect change in the muscle and related tissues;

(2) Requires ongoing evaluation, assessment, and reevaluation of an impairment;

(3) Is used only in parts of the body with neuromuscular or musculoskeletal links to an impairment; and

(4) Is not performed for:

(i) The purposes of acupuncture as defined in § 1A–101 of this article; or

(ii) Any purpose outside of the scope of practice of athletic trainers.

(f) “Evaluation and treatment protocol” means a document that is executed by a physician and an athletic trainer that meets the requirements of § 14–5D–11 of this subtitle.

(g) “License” means a license issued by the Board to practice athletic training.

(h) “Licensed athletic trainer” means an individual who is licensed by the Board to practice athletic training.

(i) “Licensed health care practitioner” means an individual licensed, certified, or otherwise authorized to practice a health occupation under this article.

(j) “National certifying board” means the National Athletic Trainers’ Association Board of Certification, Inc., or its successor organization.

(k) “Nonsupervising physician” means a physician licensed by the Board who is not the supervising physician of the licensed athletic trainer.

(l) “Outside referral” means a request for treatment from a nonsupervising physician or licensed health care practitioner.

(m) (1) “Practice athletic training” means application of the following principles and methods for managing injuries for athletic individuals in good overall health under the supervision of a licensed physician:

(i) Prevention and wellness promotion;

(ii) Clinical evaluation, examination, assessment, and determination of a plan of care, including appropriate referrals;

(iii) Immediate care and emergency care; and

(iv) Treatment, rehabilitation, and reconditioning.

(2) “Practice athletic training” includes:

(i) Organization and administration of an athletic training program;

(ii) Instruction to coaches, athletes, parents, medical personnel, and community members regarding the care and prevention of injuries; and

(iii) Recognition and management of a concussion, including management of an athletic individual’s progressive return to activity.

(3) “Practice athletic training” does not include:

(i) The practice of:

1. Chiropractic, including adjustments, manipulation, or high velocity mobilizations of the spine or extremities;

2. Massage therapy;

3. Medicine;

4. Occupational therapy;

5. Physical therapy; or

6. Podiatry;

(ii) The reconditioning of systemic neurologic injuries, conditions, or disease; or

(iii) The treatment of disease.

(n) “Supervising physician” means a physician who has been approved by the Board to supervise one or more athletic trainers.

(o) “Supervision” means the responsibility of a physician to provide ongoing and immediately available instruction, in person, by telephone, or by other electronic means, that is adequate to ensure the safety and welfare of a patient and is appropriate to the setting.
Md. Code, Insurance § 14-127 — MD Code / Article gin / Title 14 / Subtitle 1 / Section 14-127
§14–127.
Status: in_force

(a) Each decision or finding of the Commissioner about rates and forms made under § 14-126 of this subtitle is subject to judicial review in accordance with Title 11, Subtitle 5 of this article.

(b) All other decisions and findings of the Commissioner about a corporation subject to this subtitle are subject to judicial review in accordance with § 2-215 of this article.
Md. Code, Tax - Property § 14-847 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-847
§14–847.
Status: in_force

(a) (1) (i) Except as provided in paragraph (2) of this subsection, the judgment of the court shall direct the collector to execute a deed to the holder of the certificate of sale in fee simple or in leasehold, as appropriate, on payment to the collector of the balance of the purchase price, due on account of the purchase price of the property, together with all taxes and interest and penalties on the property that accrue after the date of sale.

(ii) The judgment shall direct the supervisor to enroll the holder of the certificate of sale in fee simple or in leasehold, as appropriate, as the owner of the property.

(2) In Frederick County, if the collector is absent, the deed may be executed by a deputy collector designated by the collector.

(b) The deed shall be prepared by the holder of the certificate of sale or the attorney for the holder of the certificate of sale and all expenses incident to the preparation and execution of the deed shall be paid by the holder of the certificate of sale.

(c) The clerk of the court in which the suit is instituted shall issue a certified copy of the judgment of the court to the collector and supervisor and the collector is not obligated to execute the deed provided for in this section until that certified copy of the judgment is delivered to the collector.

(d) (1) If the holder of the certificate of sale does not comply with the terms of the final judgment of the court within 90 days as to payments to the collector of the balance of the purchase price due on account of the purchase price of the property and of all taxes, interest, and penalties that accrue after the date of sale, that judgment may be stricken by the court on the motion of an interested party for good cause shown.

(2) In Baltimore City, a certificate holder who has been enrolled as the owner of the property under subsection (a) of this section is not an interested party within the meaning of this subsection.

(3) If the holder of the certificate of sale does not comply with the terms of the final judgment of the court within 105 days as to payments to the collector of the balance of the purchase price due on account of the purchase price of the property and of all taxes, interest, and penalties that accrue after the date of sale, and no motion has been filed under paragraph (1) of this subsection, the court may, on motion of the governing body of the county or municipal corporation in which the property is located, for good cause shown, enter a judgment:

(i) striking the final judgment of the court;

(ii) directing the collector to execute a deed prepared by the governing body of the county or municipal corporation in fee simple, on payment to the collector of the balance of the purchase price due on account of the purchase price of the property and of all taxes, interest, and penalties that accrue after the date of sale; and

(iii) vesting title to the property in the governing body of the county or municipal corporation in fee simple, free and clear of all alienations and descents of the property occurring before the date of the final judgment and encumbrances on the property, except any taxes that accrue after the date of sale and easements of record and any other easement that may be observed by an inspection of the property to which the property is subject.

(4) If a holder of a certificate of sale submits a deed under subsection (b) of this section for the property to the governing body of the county or municipal corporation before a judgment under paragraph (1) or (3) of this subsection is entered, the motion under paragraph (1) or (3) of this subsection shall be denied as moot.
Md. Code, State Finance and Procurement § 14-902 — MD Code / Article gsf / Title 14 / Subtitle 9 / Section 14-902
§14–902.
Status: in_force

This subtitle applies to:

(1) public work contracts procured by a public body; and

(2) a contract subject to § 18–102 of this article.
Md. Code, Public Safety § 14-1301 — MD Code / Article gps / Title 14 / Subtitle 13 / Section 14-1301
§14–1301.
Status: in_force

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

(b) “Price” means:

(1) for essential services, retail price; or

(2) for essential goods, retail or wholesale price.

(c) “Replacement costs” means:

(1) acquisition costs;

(2) costs that are a result of a contract in which the formula references published market prices; or

(3) the actual anticipated costs of replacing an essential good or service offered for sale, based on documented information available at the time of the increase in price.

(d) “State of emergency” means a state of emergency declared by the Governor under § 14–107 of this title.
Md. Code, Family Law § 14-202 — MD Code / Article gfl / Title 14 / Subtitle 2 / Section 14-202
§14–202.
Status: in_force

(a) The adult protective services program shall include:

(1) intake and investigative services including, if appropriate, medical, social, and psychiatric evaluation;

(2) planning for the needs of the recipient of services;

(3) assistance to locate, apply for, and effectively use home care, day care, chore services, transportation, counseling, emergency arrangements, and other health and social services;

(4) cooperation with the courts, including provision of any necessary recommendations, reports, or petitions;

(5) counsel to represent any indigent recipient of services in any protective proceeding or any review board hearing conducted under Subtitle 3 or Subtitle 4 of this title, and assistance to locate, apply for, and effectively use other legal assistance;

(6) notification of and participation by the Secretary of Aging or the director of the local office on aging, as appropriate, as a party in any protective proceeding or review board hearing relating to an individual who is 65 years old or older; and

(7) notification of the appropriate criminal or juvenile delinquency court if the program has information indicating that the interests of the person with a disability as a victim are not adequately protected in a case before the court.

(b) For adults 65 years old and over, the services of the protective services program shall be coordinated with the Department of Aging or the local office on aging as appropriate.
Md. Code, Commercial Law § 14-2901 — MD Code / Article gcl / Title 14 / Subtitle 29 / Section 14-2901
§14–2901.
Status: reserved

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

(b) “Advertise” means:

(1) To publish, circulate, disseminate, or place before the public in any way or through any medium for the purpose of selling merchandise; and

(2) Advertising by:

(i) Exterior or interior signs, including neon or other electrical signs;

(ii) Radio, telephone, or television; and

(iii) Newspaper, magazine, book, notice, or any other method or material.

(c) “Clear and conspicuous” means in a manner that clearly calls attention to the language, including text that is:

(1) In larger type than the surrounding text;

(2) In a contrasting type, font, or color to the surrounding text; or

(3) Set off from the surrounding text by symbols or other marks.

(d) “Digital application or game” means any application or game that a person accesses and manipulates using a specialized electronic gaming device, computer, mobile device, tablet, or other device with a display screen, including any add–ons or additional content for the application or game.

(e) “Digital audio work” means a work that results from the fixation of a series of musical, spoken, or other sounds that are transferred electronically, including:

(1) Prerecorded or live songs;

(2) Music;

(3) Readings of books or other written materials;

(4) Speeches;

(5) Ringtones; or

(6) Other sound recordings.

(f) (1) “Digital audiovisual work” means a series of related images that, when shown in succession, impart an impression of motion, together with accompanying sounds.

(2) “Digital audiovisual work” includes motion pictures, musicals, videos, news and entertainment programs, and live events.

(g) “Digital book” means a work that is generally recognized as a book and is transferred electronically, including a work of fiction or nonfiction.

(h) (1) “Digital code” means a code that grants the person holding the code a right to obtain an additional digital good regardless of whether the code is designated as a song code, video code, or book code.

(2) “Digital code” includes a code used to access or obtain any specified digital goods, or any additional digital goods that have been previously purchased.

(i) (1) “Digital good” means a digital application or game, digital audio work, digital audiovisual work, digital book, or digital code, whether electronically or digitally delivered or accessed.

(2) “Digital good” does not include a cable television service, satellite relay television service, or any other distribution of television, video, or radio service.

(j) “Person” includes an association, firm, partnership, corporation, or an agent or employee of any of these entities.

(k) “Property”, as used in § 14–2902(a) through (c) of this subtitle, includes:

(1) Merchandise;

(2) Real estate;

(3) Securities;

(4) Employment;

(5) A loan made at interest;

(6) Any contract relating to real estate, securities, service, employment, or the making of loans at interest; or

(7) Anything else of value.
Md. Code, Public Safety § 14-216 — MD Code / Article gps / Title 14 / Subtitle 2 / Section 14-216
§14–216.
Status: in_force

(a) This section applies to real property:

(1) on which general or special taxes or assessments fall due but are not paid during the period a person is a person in emergency management service or person suffering injury or damage; and

(2) that:

(i) is owned and occupied as a dwelling or for agricultural or business purposes by the person in emergency management service, person suffering injury or damage, or a dependent or employee of that person when the person becomes a person in emergency management service or person suffering injury or damage; and

(ii) continues to be occupied by the dependents or employees.

(b) (1) Except by order of court granted on motion by the collector of taxes or another officer whose duty is to enforce the collection of taxes or assessments, the property of a person in emergency management service or person suffering injury or damage may not be sold to enforce the collection of a tax or assessment, and a proceeding to enforce the collection of a tax or assessment may not be brought, if the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, files with the collector of taxes or other officer an affidavit that shows that:

(i) a tax or assessment has been assessed on property subject to this section;

(ii) the tax or assessment is unpaid; and

(iii) the person’s ability to pay the tax or assessment is materially affected because the person is a person in emergency management service or person suffering injury or damage.

(2) The court may stay the proceedings or sale for a period not exceeding 6 months after the person owing the tax ceased to be a person in emergency management service or person suffering injury or damage.

(c) (1) Except as provided in paragraph (2) of this subsection, if by law property subject to this section is sold or forfeited to enforce the collection of a tax or assessment on the property, a person in emergency management service or person suffering injury or damage may redeem the property or bring an action to redeem the property not later than 6 months after the person ceased to be a person in emergency management service or person suffering injury or damage.

(2) Paragraph (1) of this subsection does not shorten any period for redemption provided by State law.

(d) (1) (i) If a tax or assessment on property subject to this section is not paid when due, interest on the tax or assessment due and unpaid shall accrue at the rate of 6% per year.

(ii) No other penalty or interest may be imposed because of the nonpayment.

(2) A lien for unpaid taxes or an unpaid assessment shall include any interest that accrues under this subsection.
Md. Code, Commercial Law § 14-4A-04 — MD Code / Article gcl / Title 14 / Subtitle 4A / Section 14-4A-04
§14–4A–04.
Status: in_force

(a) A warrantor of a vehicle protection product that is sold or offered for sale in the State shall register with the Division on the form that the Division provides.

(b) The registration form shall include:

(1) The name, address, and telephone number of the warrantor, including any name under which the warrantor does business;

(2) The name, address, and telephone number of the warrantor’s administrator, if any;

(3) The name and address of the warrantor’s registered agent, if any;

(4) The name of at least one officer of the warrantor who is directly responsible for the warrantor’s vehicle protection product business;

(5) (i) If the warrantor elects to carry warranty reimbursement insurance in accordance with § 14–4A–07(a)(1) of this subtitle, a copy of the warrantor’s warranty reimbursement insurance policy; or

(ii) If the warrantor elects to meet its financial obligations in accordance with § 14–4A–07(a)(2) of this subtitle, one of the following:

1. A copy of the most recent form 10–K or form 20–F filed by the warrantor or the warrantor’s parent company with the United States Securities and Exchange Commission; or

2. If the warrantor or the warrantor’s parent company does not file with the United States Securities and Exchange Commission, a copy of the warrantor’s or the warrantor’s parent company’s financial statement that shows a net worth or stockholders’ equity of not less than $50,000,000; and

(6) A copy of each warranty that the warrantor proposes to use in the State.

(c) (1) A warrantor that registers under subsection (a) of this section shall pay a registration fee to the Division at the time of registration.

(2) On January 1 of each year following a warrantor’s initial registration, the warrantor shall pay a renewal fee to the Division.

(3) The registration fee and the renewal fee required under this subsection shall be set by the Division in an amount not exceeding $500 for each fee.
Md. Code, Commercial Law § 14-1321 — MD Code / Article gcl / Title 14 / Subtitle 13 / Section 14-1321
§14–1321.
Status: in_force

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

(2) “Account” means:

(i) A credit card account;

(ii) A debit card account;

(iii) A bank account; or

(iv) Any other financial account.

(3) “Consumer goods” has the meaning stated in § 13–101 of this article.

(4) “Consumer services” has the meaning stated in § 13–101 of this article.

(5) “Merchant” has the meaning stated in § 13–101 of this article.

(b) A merchant that provides consumer goods or consumer services over the Internet under a contract with a consumer that requires the consumer to make periodic payments for the consumer goods or consumer services and allows the merchant to collect the payments directly from the consumer’s account shall include in a prominent place on its website:

(1) A toll–free telephone number that a consumer may call to cancel the contract; or

(2) An address to which a consumer may write to cancel the contract.

(c) A violation of this section is:

(1) An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.
Md. Code, Business Regulation § 14-207 — MD Code / Article gbr / Title 14 / Subtitle 2 / Section 14-207
§14–207.
Status: in_force

(a) The Commissioner may publish information about violations of this subtitle.

(b) Under regulations that the Commissioner adopts, the Commissioner may make available to any person any information submitted to the Commissioner.
Md. Code, Criminal Procedure § 14-102 — MD Code / Article gcp / Title 14 / Subtitle 1 / Section 14-102
§14–102.
Status: in_force

(a) (1) There is an Office of the State Prosecutor.

(2) The Office of the State Prosecutor is an independent unit in the Office of the Attorney General.

(b) (1) An individual is eligible to be the State Prosecutor only if the individual:

(i) executes an affidavit that the individual will not accept appointment to, or be a candidate for, a State or local office during the period of service as the State Prosecutor and for at least 3 years immediately after the individual last serves as the State Prosecutor; and

(ii) has lawfully and actively practiced law in the State for at least 5 years.

(2) The State Prosecutor shall renew the affidavit every 2 years during the period of service.

(3) A failure to renew the affidavit under this subsection shall subject the State Prosecutor to removal from office under this section.

(c) (1) The State Prosecutor shall be:

(i) nominated by the Commission; and

(ii) appointed by the Governor with the advice and consent of the Senate.

(2) The term of the State Prosecutor is 6 years.

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

(d) Only on the recommendation of the Commission, the Governor may remove the State Prosecutor for:

(1) misconduct in office;

(2) persistent failure to perform the duties of the office; or

(3) conduct prejudicial to the proper administration of justice.

(e) The State Prosecutor is entitled to the salary provided in the State budget, but not less than the salary of a judge of a circuit court.
Md. Code, Tax - Property § 14-890 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-890
§14–890.
Status: in_force

(a) In this section, “interested party” means:

(1) the person who last appears as owner of the dwelling on the collector’s tax roll;

(2) a mortgagee of the dwelling or assignee of a mortgage of record;

(3) a holder of a beneficial interest in a deed of trust recorded against the dwelling;

(4) a taxing agency that has the authority to collect tax on the dwelling; or

(5) any person having an interest in the dwelling whose identity and address are:

(i) reasonably ascertainable from the county land records; or

(ii) revealed by a full title search consisting of at least 50 years.

(b) The Department may conduct an in rem foreclosure and sale of a dwelling of a homeowner formerly enrolled in the Program in accordance with this section.

(c) The Department may foreclose on and sell a dwelling of a homeowner formerly enrolled in the Program only if:

(1) at least 3 years have elapsed since the homeowner first enrolled in the Program; and

(2) all reasonable efforts to assist the homeowner to pay the taxes owed to the Department have failed.

(d) To initiate an in rem foreclosure action the Department shall:

(1) file a complaint for an in rem foreclosure in the circuit court of the county where the dwelling is located; and

(2) within 5 days after filing the complaint, send notice and a copy of the complaint to each interested party by first–class mail and certified mail, postage prepaid, return receipt requested, bearing a postmark from the United States Postal Service.

(e) All taxes shall:

(1) be included in the foreclosure action; and

(2) cease to be a lien against the dwelling if a judgment is entered foreclosing the existing interests of all interested parties in the dwelling.

(f) The complaint for an in rem foreclosure shall include:

(1) the name and address of the Department;

(2) a description of the dwelling as it appears in the county land records;

(3) the tax identification number of the dwelling;

(4) a statement that the taxes are delinquent at the time of the filing;

(5) the amount of taxes that are delinquent as of the date of the filing;

(6) the names and last known addresses of all interested parties in the dwelling and, if applicable, a statement that the address of a particular interested party in the dwelling is unknown; and

(7) a request that the circuit court enter a judgment that forecloses the existing interests of all interested parties in the dwelling and orders the dwelling to be sold at public auction.

(g) A complaint for an in rem foreclosure may be amended to include all taxes that become delinquent after the commencement of the in rem foreclosure action.

(h) (1) Subject to paragraph (2) of this subsection, an interested party has the right to cure the delinquent taxes on the dwelling by paying all past due taxes at any time before the entry of the foreclosure judgment.

(2) The right to cure the delinquent taxes on the dwelling is extinguished once the foreclosure judgment is entered.

(i) A circuit court may not set a hearing for an in rem foreclosure until 30 days after the complaint for an in rem foreclosure is filed.

(j) At the hearing, any interested party shall have the right to be heard and to contest the delinquency of the taxes and the adequacy of the proceedings.

(k) If the circuit court finds that the Department sent notice and a copy of the complaint to each interested party and that the information set forth in the complaint is accurate, the court shall:

(1) enter a judgment that proper notice has been provided to all interested parties; and

(2) order that the dwelling be sold at public auction.

(l) (1) After entry of judgment under subsection (k) of this section, the Department shall sell the dwelling at public auction in accordance with the Maryland Rules.

(2) The dwelling may not be sold until at least 45 days after the entry of judgment.

(m) The minimum bid for the sale of the dwelling shall be based on the fair market value of the dwelling, as determined by the Department.

(n) (1) The dwelling shall be sold to the person making the highest bid.

(2) The person making the highest bid shall pay the full bid amount to the Department.

(3) If the minimum bid is not made or exceeded, the Department may bid the minimum bid price and purchase the real property.

(o) (1) The Department shall deposit any amount by which the highest bid exceeds the amount of taxes due on the dwelling in an escrow account.

(2) The circuit court shall distribute the funds deposited into the escrow account to the interested parties in the order of priority of the interests of the interested parties.

(p) After a sale, the Department shall file a notice informing the circuit court of the sale and stating the date of the sale, the sale price, and the identity of the purchaser.

(q) A sale of a dwelling under this section is final and binding on the maker of the highest bid.

(r) (1) The title acquired in an in rem foreclosure proceeding shall be an absolute or fee simple title including the right, title, and interest of each of the defendants in the proceeding whose property has been foreclosed unless a different title is specified in the judgment entered.

(2) A judgment in an action under this section is binding and conclusive, regardless of legal disability, on:

(i) all persons, known and unknown, who were parties to the action and who had a claim to the property, whether present or future, vested or contingent, legal or equitable, or several or undivided; and

(ii) all persons who were not parties to the action and had a claim to the property that was not recorded at the time that the action was commenced.

(s) A homeowner or any interested party in a homeowner’s dwelling may not:

(1) raise as a defense to a foreclosure action under this section that the Department failed to make sufficient efforts to assist the homeowner under § 14–888(a) and (b) of this subtitle or subsection (c) of this section; or

(2) take any legal action against the Department on the basis that the Department failed to make sufficient efforts to assist the homeowner under § 14–888(a) and (b) of this subtitle or subsection (c) of this section.

(t) The Department is not liable for any environmental or other violation related to the dwelling of a homeowner enrolled or formerly enrolled in the Program unless the Department purchases the dwelling under subsection (n)(3) of this section.
Md. Code, Real Property § 14-713 — MD Code / Article grp / Title 14 / Subtitle 7 / Section 14-713
§14–713.
Status: in_force

This subtitle modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
Md. Code, Tax - Property § 14-884 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-884
§14–884.
Status: in_force

(a) There is a Homeowner Protection Program administered by the Ombudsman in the Department.

(b) The purpose of the Program is to divert vulnerable homeowners from the private tax lien sale process under Part III of this subtitle into an alternative program with the primary purpose of:

(1) minimizing tax collection costs to homeowners;

(2) assisting homeowners to pay their taxes; and

(3) allowing homeowners to remain in their homes.
Md. Code, Family Law § 14-305 — MD Code / Article gfl / Title 14 / Subtitle 3 / Section 14-305
§14–305.
Status: in_force

Based on the investigation under this subtitle, the local department shall:

(1) render or assist a vulnerable adult to receive the appropriate services in the best interests of the vulnerable adult under the program of adult protective services;

(2) as appropriate, involve the local office on aging;

(3) report to the appropriate local law enforcement agency any incident of abuse, neglect, or exploitation of an alleged vulnerable adult where the possibility of a crime being committed against the alleged vulnerable adult is indicated by information provided in the initial report to the local department or by information obtained in the course of investigation; and

(4) send to the local State’s Attorney and the appropriate local law enforcement agency a report of the investigation of any incident of abuse, neglect, or exploitation of an alleged vulnerable adult which was or should have been reported to the appropriate local law enforcement agency under item (3) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 14-401 — MD Code / Article gab / Title 14 / Subtitle 4 / Section 14-401
§14–401.
Status: in_force

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

(1) § 2–201 (“Issuance by Comptroller”);

(2) § 2–202 (“Class 1 distillery license”);

(3) § 2–203 (“Class 9 limited distillery license”);

(4) § 2–204 (“Class 2 rectifying license”);

(5) § 2–205 (“Class 3 winery license”);

(6) § 2–206 (“Class 4 limited winery license”);

(7) § 2–207 (“Class 5 brewery license”);

(8) § 2–208 (“Class 6 pub–brewery license”);

(9) § 2–209 (“Class 7 micro–brewery license”);

(10) § 2–210 (“Class 8 farm brewery license”);

(11) § 2–211 (“Residency requirement”);

(12) § 2–212 (“Additional licenses”);

(13) § 2–213 (“Additional fees”);

(14) § 2–214 (“Sale or delivery restricted”);

(15) § 2–216 (“Interaction between manufacturing entities and retailers”);

(16) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(17) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) Section 2–215 (“Beer sale on credit to retail dealer prohibited”) of Division I of this article does not apply in the county.
Md. Code, Health Occupations § 14-412 — MD Code / Article gho / Title 14 / Subtitle 4 / Section 14-412
§14–412.
Status: in_force

(a) If a person is a member of the Board or a legally authorized agent of the Board and is investigating, prosecuting, participating in a hearing, or otherwise acting on an allegation of a ground for Board action made to the Board, the person shall have the immunity from liability described under § 5–715(b) of the Courts and Judicial Proceedings Article.

(b) A person who makes an allegation of a ground for Board action to the Board shall have the immunity from liability described under § 5–715(c) of the Courts and Judicial Proceedings Article.
Md. Code, Environment § 14-508 — MD Code / Article gen / Title 14 / Subtitle 5 / Section 14-508
§14–508.
Status: in_force

(a) Within 90 days following the completion of the public hearing under § 14–507 of this subtitle, and after receiving the advisory comments and recommendations of the Secretaries of Natural Resources, Commerce, and Transportation and the Secretary of Planning, the Secretary shall decide whether to grant, grant conditionally, or deny the permit. The Secretary’s decision shall be in writing and based upon the economic and environmental statement, the public hearing record, and a determination that the applicant has shown satisfactorily that the facility:

(1) Conforms with and meets all applicable air, water, noise, and solid waste laws of the State as determined and certified in writing by the appropriate State unit with jurisdiction over these laws;

(2) Conforms with adopted or approved county or local land use planning and the official county or local comprehensive zoning map;

(3) Conforms with the State development plan, if such plan has been lawfully approved and adopted;

(4) Would have no material adverse effect upon the natural environment of the area, its scenic or natural beauty, rare or irreplaceable natural resources, or unique historic sites;

(5) Would not be so located or constructed as to have a material adverse effect upon the public health, safety, or welfare;

(6) Would not be a potential or immediate undue burden on the water supply of the site or region;

(7) Would not materially contribute to an extant level of undue environmental degradation or resource exhaustion;

(8) Conforms with any coastal zone management program developed by the State of Maryland pursuant to the federal Coastal Zone Management Act of 1972;

(9) Would have no material adverse effect upon critical areas identified and designated pursuant to § 5–611 of the State Finance and Procurement Article and Title 1, Subtitle 4 or Title 3 of the Land Use Article;

(10) Would not impose, directly or indirectly, a substantial burden on existing State, regional, or county public facilities beyond their respective capacities, or that new public facilities, if necessary, either:

(i) Would not be completed in time to serve the facility; or

(ii) Would be inadequate to serve the facility without causing overloading of the public facilities; and

(11) Evidences fewer undesirable environmental, economic, fiscal, and cultural consequences in its specific or general proposed location than other specific or general locations.

(b) (1) The Secretary shall adopt regulations as provided in this subsection.

(2) Procedural regulations adopted under this subsection shall:

(i) Provide for notice to interested persons of any decision to issue or deny a permit; and

(ii) Permit a person to file a petition for judicial review in accordance with the provisions of § 5–204 of this article.

(c) The Department shall periodically inspect, and the applicant shall allow such inspection, to determine if the terms of the granted permit are being met.
Md. Code, Education § 14-208 — MD Code / Article ged / Title 14 / Subtitle 2 / Section 14-208
§14–208.
Status: reserved

(a) If a classified employee is transferred involuntarily to a different class that has a lower maximum rate of pay, the transfer is a demotion.

(b) (1) A transfer that is a demotion under this section may be made only for cause, on written charges submitted to the President.

(2) The classified employee may appeal the proposed demotion to the President within the time and in the manner required by policies adopted by the Board of Regents.

(3) If the classified employee fails to appeal within the time and in the manner required, the demotion is final.

(c) (1) If the classified employee appeals the demotion, the President shall hold a hearing to determine whether there is cause for the demotion.

(2) The hearing shall be held within 90 days after the written charges for the demotion are submitted to the President.

(d) (1) The President shall make findings and issue a proposed written decision on an appeal for approval by the Secretary of Budget and Management within 45 days after the later of:

(i) The conclusion of the hearing; and

(ii) The day when all briefs or memoranda have been submitted.

(2) The Secretary of Budget and Management shall provide a copy of the findings and decision to each party.

(3) The decision of the Secretary of Budget and Management is final.

(e) The University authority immediately shall enforce a final decision issued under this section.
Md. Code, Public Safety § 14-111 — MD Code / Article gps / Title 14 / Subtitle 1 / Section 14-111
§14–111.
Status: in_force

(a) Only the principal executive officer of a political subdivision may declare a local state of emergency.

(b) (1) Except with the consent of the governing body of the political subdivision, a local state of emergency may not continue or be renewed for longer than 30 days.

(2) An order or proclamation that declares, continues, or terminates a local state of emergency shall be:

(i) given prompt and general publicity; and

(ii) filed promptly with the chief local records–keeping agency.

(c) Declaration of a local state of emergency:

(1) activates the response and recovery aspects of any applicable local state of emergency plan; and

(2) authorizes the provision of aid and assistance under the applicable plan.
Md. Code, Tax - Property § 14-849.1 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-849.1
§14–849.
Status: in_force

§14–849.1.

(a) In Baltimore City, the Mayor and City Council may not sell a property to enforce a lien for unpaid charges for water and sewer service unless:

(1) the lien is for at least $350;

(2) the property is not:

(i) a residential property; or

(ii) real property that is exempt from taxation under § 7–204(1) or (2) of this article; and

(3) the unpaid charges for water and sewer service are at least 3 quarters in arrears.

(b) Notwithstanding subsection (a) of this section, the Mayor and City Council may enforce a lien on a property other than residential property or real property that is exempt from taxation under § 7–204(1) or (2) of this article for unpaid water and sewer service that is less than $350 if the property is being sold to enforce another lien.

(c) This section does not affect any other right or remedy of Baltimore City for the collection of a water and sewer service charge.
Md. Code, Business Regulation § 14-122 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-122
§14–122.
Status: in_force

In connection with an offer to sell or sale of a business opportunity, a person may not represent that the business opportunity provides income or earning potential of any kind unless:

(1) the seller has documentation to substantiate the representation; and

(2) the person discloses the documentation to the prospective buyer when the representation is made.
Md. Code, Commercial Law § 14-1603 — MD Code / Article gcl / Title 14 / Subtitle 16 / Section 14-1603
§14–1603.
Status: in_force

Any person who sells or rents, or attempts to sell or rent, a video movie in violation of this subtitle shall be guilty of a misdemeanor and subject to a fine not to exceed $25 for each violation.
Md. Code, Business Occupations and Professions § 14-306 — MD Code / Article gbo / Title 14 / Subtitle 3 / Section 14-306
§14–306.
Status: in_force

(a) An applicant for a license shall:

(1) submit to the Board:

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

(ii) any relevant document that the Board requires; and

(2) pay to the Board or the Board’s designee:

(i) a nonrefundable application fee set by the Board; and

(ii) an examination fee set by the Board in an amount not to exceed the cost of the required examinations.

(b) (1) The application form shall require:

(i) a statement about the education of the applicant;

(ii) a statement about the engineering experience of the applicant;

(iii) a list of at least 5 references, which, unless excused by the Board, shall include at least 3 professional engineers who have personal knowledge of the applicant’s engineering experience; and

(iv) any other relevant information that the Board requires.

(2) An application shall be made under oath.

(c) If the Board finds that an application form and the accompanying documentation do not demonstrate that the applicant meets the requirements for a license under this subtitle, the Board may require the applicant to submit additional information or documentation.
Md. Code, Commercial Law § 14-12B-02 — MD Code / Article gcl / Title 14 / Subtitle 12B / Section 14-12B-02
§14–12B–02.
Status: in_force

(a) Each person who sells health club services in this State shall register with the Division on forms the Division provides. The person shall furnish the full name and address of each business location where health club services are sold as well as any other registration information the Division deems appropriate.

(b) (1) Each person who registers under this subtitle shall pay a registration fee at the time of registration.

(2) On September 1 of each year following the initial registration, each registered person shall pay a renewal fee to the Division.

(3) The fees for registration and renewal required under this subsection shall be set by the Division:

(i) In an amount not exceeding $1,200 for a person who is required to purchase a surety bond or file an irrevocable letter of credit or cash under subsection (e) of this section;

(ii) In an amount not exceeding $300 for a person who:

1. Is exempt from the requirement to purchase a surety bond or file an irrevocable letter of credit or cash under subsection (e) of this section; and

2. Does not meet the requirements of item (iii) of this paragraph; and

(iii) In an amount not exceeding $75 for a person who:

1. Is exempt from the requirement to purchase a surety bond or file an irrevocable letter of credit or cash under subsection (e) of this section;

2. Does not charge an initiation fee or other fee that is not identified as a payment for specified future services;

3. Does not contractually obligate a buyer of health club services to pay in advance of the date the services are provided to the buyer; and

4. Does not collect from a buyer of health club services any payment in advance of the date the services are provided to the buyer.

(4) The fees collected under this subsection may only be used for the administration and enforcement of this subtitle.

(c) At least one member of the board of directors of each seller of health club services in this State shall be a resident of a county where a club of the seller is located and shall serve as a resident agent for receipt of service of process.

(d) The Division may bring an action for mandamus against a health club to require the club to register or to have and maintain the surety required by this section.

(e) (1) (i) Subject to the provisions of paragraph (3) of this subsection, a person who sells health club services agreements shall purchase a surety bond in an amount not less than the aggregate value of outstanding liabilities to members, including all prepaid fees, membership fees, dues, deposits, initiation fees, and fees for health club services. For the purposes of this section, “liabilities” means the money actually received in advance from the members less the prorated value of services rendered by the health club facility. In the case of a lifetime contract, the liabilities shall be calculated on a prorated basis for not more than 36 months.

(ii) The amount of the bond shall be based upon a report prepared by an independent certified public accountant describing the health club’s outstanding liabilities to the members using accepted standard accounting principles. In this section “outstanding liabilities” includes all amounts that would be required to be refunded to members if the health club facility ceases operations.

(iii) The report shall be submitted at the time of initial registration and updated at each renewal under subsection (b) of this section.

(2) (i) The amount of the bond shall be increased, or may be decreased, as necessary to take into account changes in the health club facility’s outstanding liabilities to members in the following cases, whichever comes first:

1. When the health club facility’s outstanding liabilities to members increase or decrease by $10,000; or

2. On a quarterly basis.

(ii) If a registrant’s outstanding liabilities to the members exceed the amount of the bond, and the registrant has failed to increase the bond, then the registrant shall immediately stop selling health club services agreements and shall refrain from selling health club services agreements until the requirements of this subsection have been satisfied.

(3) (i) An irrevocable letter of credit in a form acceptable to the Division, or cash, may be filed with the Division instead of a surety bond.

(ii) Notwithstanding any other provision of this subtitle, a seller of health club services agreements does not have to file or maintain a bond, letter of credit, or cash in excess of $200,000 per health club services facility. The bonding requirement of this subsection applies to each location at which health club services are sold in any case where a person operates or plans to operate more than one facility within the State.

(f) (1) A buyer of health club services who suffers or sustains any loss or damage by reason of the closing of a facility or bankruptcy by the seller of the health club services agreement shall file a claim with the surety and, if the claim is not paid, may bring an action based on the bond and recover against the surety. In the case of a letter of credit or cash deposit that has been filed with the Division, the buyer may file a claim with the Division.

(2) Any claim under paragraph (1) of this subsection shall be filed no later than 1 year from the date on which the facility closed or bankruptcy was filed. The Division shall notify each known buyer described in paragraph (1) of this subsection about the procedure for filing a claim, unless the seller of the health club services agreements has provided sufficient notice to each known buyer.

(3) The Division may file a claim with the surety on behalf of any buyer in paragraph (1) of this subsection. The surety shall pay the amount of the claims to the Division for distribution to claimants entitled to restitution and shall be relieved of liability to that extent.

(4) The liability of the surety under any bond may not exceed the aggregate amount of the bond, regardless of the number or amount of claims filed.

(5) If the claims filed should exceed the amount of the bond, the surety shall pay the amount of the bond to the Division for distribution to claimants entitled to restitution and shall be relieved of all liability under the bond.

(6) The Division may obtain reimbursement for postage and other reasonable nonsalary expenses incurred in notifying buyers and distributing claims by:

(i) Filing a priority claim for the expenses against the surety bond posted by the seller; or

(ii) Applying to the expenses on a priority basis the proceeds of the letter of credit or cash deposit posted by the seller with the Division.

(7) For any claim under paragraph (1), (3), or (5) of this subsection, the Division may not pay a claim of a buyer that is less than $5.

(8) The provisions of this subsection do not apply where the buyer’s membership agreement provides for the transfer of membership privileges to a comparable new or existing facility within a reasonable distance of the closed facility.

(g) (1) Any person or business bonded under this section shall maintain accurate records of the bond and of premium payments on it. These records shall be open to inspection by the Division at any time during normal business hours.

(2) Any person who sells health club services agreements shall maintain accurate records, updated as necessary, of the name, address, contract terms, and payments of each buyer of health club services. These records shall be open to inspection by the Division, upon reasonable notice, at any time during normal business hours.

(3) In addition to any remedies otherwise available, the Division, after notice and a show cause hearing, may revoke the registration of any person who fails to maintain or produce the records described in paragraphs (1) and (2) of this subsection.

(h) (1) Each person who sells health club services to be offered at a planned facility or a facility under construction shall:

(i) Register under subsection (a) of this section before conducting any sales activities; and

(ii) Maintain a surety bond in an amount not less than $50,000 until the value of obligations to consumers exceeds that amount.

(2) Until the time a person opens a health club services facility, the amount of the bond shall be increased as necessary to take into account increases in the person’s outstanding liabilities to the members with a final adjustment to be made at the time of opening.

(3) Upon opening the facility, the person is subject to the provisions of subsections (a) through (e) of this section.

(i) For purposes of subsections (e) and (f) of this section, any initiation fee, or other fee, that exceeds $200 and that is not identified as a payment for specific future services will be deemed to be a payment for services to be delivered during the initial 2 years of the buyer’s membership term.

(j) Any information received by the Division in the course of administering the registration program under this subtitle shall be made available to the public subject to the provisions of the Maryland Public Information Act.
Md. Code, State Finance and Procurement § 14-414 — MD Code / Article gsf / Title 14 / Subtitle 4 / Section 14-414
§14–414.
Status: in_force

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

(2) “Electronic product” means a product covered by EPEAT or another comprehensive environmental rating system approved by the Department of Information Technology.

(3) “EPEAT” means the Electronic Product Environmental Assessment Tool.

(b) When purchasing an electronic product to be used by the State, a State unit shall purchase an electronic product that:

(1) is listed and rated silver or gold on the EPEAT registry; or

(2) meets nationally recognized and consensus–based standards established by a comprehensive environmental rating system approved by the Department of Information Technology.

(c) If a unit requests a waiver from the requirement in subsection (b) of this section, the Secretary of Information Technology, or the Secretary’s designee, may waive the requirement.
Md. Code, Education § 14-305 — MD Code / Article ged / Title 14 / Subtitle 3 / Section 14-305
§14–305.
Status: in_force

(a) Within 10 days after receiving a decision under § 14-304 of this subtitle, a grievant or a grievant’s representative may appeal in writing to the President or the President’s designee.

(b) Within 10 days after the appeal is received, the President or the President’s designee shall hold a conference with the grievant.

(c) The President or the President’s designee shall issue a written decision to the grievant within 15 days after the conference.
Md. Code, Commercial Law § 14-4A-09 — MD Code / Article gcl / Title 14 / Subtitle 4A / Section 14-4A-09
§14–4A–09.
Status: in_force

(a) Unless authorized by the Maryland Insurance Commissioner to engage in the insurance business in the State, a warrantor may not use the following words in its name, contracts, or literature:

(1) “Insurance”;

(2) “Casualty”;

(3) “Surety”;

(4) “Mutual”; or

(5) Any other words that are:

(i) Descriptive of the insurance, casualty, or surety business; or

(ii) Deceptively similar to the name or description of an insurer, a surety corporation, or another warrantor.

(b) A warrantor may use the term “guaranty” or a similar word in the warrantor’s name.
Md. Code, Alcoholic Beverages and Cannabis § 14-1807 — MD Code / Article gab / Title 14 / Subtitle 18 / Section 14-1807
§14–1807.
Status: in_force

The requirement for a criminal history records check under § 4–107 of this article does not apply to applicants for license renewal.
Md. Code, Health Occupations § 14-5F-15 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-15
§14–5F–15.
Status: in_force

(a) (1) The term of a license issued by the Board may not exceed 3 years.

(2) A license expires on a date set by the Board, unless the license is renewed as provided in this section.

(b) At least 1 month before the license expires, the Board shall send to the licensee a renewal notice that states:

(1) The date on which the current license expires;

(2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and

(3) The amount of the renewal fee.

(c) The Board shall renew the license of a licensee who:

(1) Submits a renewal application on the form that the Board requires;

(2) Is of good moral character;

(3) Pays a renewal fee set by the Board;

(4) Is otherwise entitled to be licensed;

(5) Meets the continuing education requirements adopted by the Board; and

(6) Provides evidence of biennial cardiopulmonary resuscitation certification.

(d) (1) Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14–308.1 of this title for:

(i) Renewal applicants as determined by regulations adopted by the Board; and

(ii) Each former licensee who files for reinstatement under § 14–5F–16(b) of this subtitle.

(2) On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider:

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

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

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

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Other evidence that demonstrates whether the licensee poses a threat to the public health or safety.

(3) The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14–308.1 of this title.

(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense for failure of a licensee to obtain the continuing education credits required by the Board.
Md. Code, Commercial Law § 14-1102 — MD Code / Article gcl / Title 14 / Subtitle 11 / Section 14-1102
§14–1102.
Status: in_force

A layaway agreement shall be in writing and contain all of the agreements of the parties and shall be signed by all of the parties to it.
Md. Code, Health - General § 14-501 — MD Code / Article ghg / Title 14 / Subtitle 5 / Section 14-501
§14–501.
Status: in_force

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

(2) “Concussion” means a traumatic injury to the brain causing an immediate and, usually, short–lived change in mental status or an alteration of normal consciousness resulting from:

(i) A fall;

(ii) A violent blow to the head or body; or

(iii) The shaking or spinning of the head or body.

(3) “Sudden cardiac arrest” means a condition in which the heart suddenly and unexpectedly stops beating.

(4) “Youth athlete” means an individual who participates in an athletic activity in association with a youth sports program conducted:

(i) At a public school facility; or

(ii) By a recreational athletic organization.

(5) “Youth sports program” means a program organized for recreational athletic competition or instruction for participants who are under the age of 19 years.

(b) (1) A youth sports program shall make available information on concussions, head injuries, and sudden cardiac arrest developed by the State Department of Education under §§ 7–433 and 7–436 of the Education Article to coaches, youth athletes, and the parents or guardians of youth athletes.

(2) A coach of a youth sports program shall review the information provided in paragraph (1) of this subsection.

(c) (1) A youth athlete who is suspected of sustaining a concussion or other head injury in a practice or game shall be removed from play at that time.

(2) A youth athlete who has been removed from play may not return to play until the youth athlete has obtained written clearance from a licensed health care provider trained in the evaluation and management of concussions.

(d) Before a youth sports program may use a facility owned or operated by a local government, the local government shall provide notice to the youth sports program of the requirements of this section.
Md. Code, Public Safety § 14-205 — MD Code / Article gps / Title 14 / Subtitle 2 / Section 14-205
§14–205.
Status: in_force

(a) If in accordance with this subtitle a court stays, postpones, or suspends the enforcement of an obligation or liability, the prosecution of a suit or proceeding, the entry or enforcement of an order, writ, judgment, or decree, or the performance of any other act, the court may also grant the same stay, postponement, or suspension to a surety, guarantor, endorser, or other person subject to the same obligation or liability, the performance or enforcement of which is stayed, postponed, or suspended.

(b) If in accordance with this subtitle a court vacates or sets aside all or part of a judgment or decree, the court may also vacate or set aside all or part of the judgment or decree as to a surety, guarantor, endorser, or other person liable under the contract or liability for the enforcement of which the judgment or decree was entered.
Md. Code, Health Occupations § 14-5D-15 — MD Code / Article gho / Title 14 / Subtitle 5D / Section 14-5D-15
§14–5D–15.
Status: in_force

(a) (1) Except as otherwise provided in § 10–226 of the State Government Article, before the Board or a disciplinary panel takes any action under § 14–5D–14 of this subtitle, the Board or the disciplinary panel shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.

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

(3) The Board or a disciplinary panel may administer oaths in connection with any proceedings under this section.

(b) (1) Any person aggrieved by a final decision of the Board or a disciplinary panel under this subtitle may take a direct judicial appeal.

(2) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.

(c) An order of the Board or a disciplinary panel may not be stayed pending review.

(d) The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.
Md. Code, Environment § 14-121 — MD Code / Article gen / Title 14 / Subtitle 1 / Section 14-121
§14–121.
Status: in_force

(a) The Department may make inspections as it determines necessary to ensure compliance with this subtitle.

(b) In order to carry out an inspection in accordance with this section, the Department, or its authorized agents, may:

(1) Conduct tests or sampling, or examine books, papers, and records that relate to any matter under an investigation in accordance with this subtitle; and

(2) At reasonable times, enter and examine any property, facility, operation, or activity.
Md. Code, Health Occupations § 14-702 — MD Code / Article gho / Title 14 / Subtitle 7 / Section 14-702
§14–702.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2030.
Md. Code, Commercial Law § 14-2805 — MD Code / Article gcl / Title 14 / Subtitle 28 / Section 14-2805
§14–2805.
Status: in_force

(a) This section does not apply to products made and sold by self-employed blind individuals who reside in the State.

(b) Products made by the blind may not be sold without a mark on the products that:

(1) Identifies the products as made by the blind; and

(2) Identifies the organization that made the products.
Md. Code, Insurance § 14-415 — MD Code / Article gin / Title 14 / Subtitle 4 / Section 14-415
§14–415.
Status: in_force

(a) A dental plan organization or its representative may not cause or knowingly allow:

(1) advertising that is untrue or misleading;

(2) solicitation that is untrue or misleading; or

(3) any form of evidence of coverage that is deceptive.

(b) Unless a dental plan organization holds a certificate of authority as an insurer, the dental plan organization may not use in its name, evidence of coverage, or literature:

(1) the words “insurance”, “assurance”, “casualty”, “surety”, or “mutual”; or

(2) any other words descriptive of the insurance, casualty, or surety business or deceptively similar to the name or description of an insurer authorized to do business in the State.

(c) The Commissioner shall enforce this section.

(d) This subtitle does not limit the powers of the Attorney General and the procedures with respect to consumer fraud.
Md. Code, Real Property § 14-301 — MD Code / Article grp / Title 14 / Subtitle 3 / Section 14-301
§14–301.
Status: in_force

(a) In this subtitle the following words have the meanings indicated unless the context requires otherwise.

(b) “Broker” means:

(1) An individual licensed as, or otherwise authorized to act as, a real estate broker under Title 17 of the Business Occupations and Professions Article; or

(2) A corporation or partnership authorized to provide real estate brokerage services under Title 17 of the Business Occupations and Professions Article.

(c) “Broker’s lien” means a lien established in accordance with this subtitle.

(d) “Claimant” means a broker claiming a broker’s lien under this subtitle.

(e) “Commercial lease” means a lease of building floor space intended to be used by the tenant for a nonresidential use whether or not the lease expressly sets forth a use.

(f) (1) “Commercial leasing brokerage agreement” or “brokerage agreement” means a written agreement between a broker and the owner of commercial property that provides for the payment of a commercial leasing commission by the owner to the broker for services in obtaining a commercial tenant regardless as to whether the broker acted as the agent for the owner or the commercial tenant.

(2) “Commercial leasing brokerage agreement” or “brokerage agreement” includes a written unilateral offer from an owner of commercial property to one or more brokers, including the broker claiming a lien under this subtitle.

(g) “Commercial leasing commission” or “commission” means the compensation payable by the owner of commercial property to a broker for obtaining a commercial tenant under a commercial leasing brokerage agreement.

(h) “Commercial property” means land, and any improvements on the land, used or intended to be used for a nonresidential purpose.

(i) “Commercial tenant” means a tenant under a commercial lease.

(j) “Lien property” means the commercial property against which a broker’s lien is claimed or against which a broker’s lien has attached under this subtitle.

(k) “Owner” means the owner of the commercial property.
Md. Code, Alcoholic Beverages and Cannabis § 14-501 — MD Code / Article gab / Title 14 / Subtitle 5 / Section 14-501
§14–501.
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Section 2–314 (“Beer sale on credit to retail dealer prohibited”) of Division I of this article does not apply in the county.
Md. Code, Health Occupations § 14-5D-07 — MD Code / Article gho / Title 14 / Subtitle 5D / Section 14-5D-07
§14–5D–07.
Status: in_force

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

(b) This section does not apply to:

(1) An athletic trainer employed in the service of the federal government while practicing within the scope of the employment;

(2) An individual employed by or under contract with an entity located in another state who represents that entity:

(i) At an athletic event in the State;

(ii) For a period of time not to exceed 45 days within a calendar year; and

(iii) By providing athletic training services to individuals representing the entity at the event; or

(3) A student enrolled in an education program that meets the criteria of § 14–5D–08(c)(2) of this subtitle while engaged in an unpaid, clinical educational experience of athletic training.
Md. Code, Real Property § 14-123 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-123
§14–123.
Status: in_force

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

(2) “Community association” means:

(i) A nonprofit association, corporation, or other organization that is:

1. Composed of residents of a community within which a nuisance is located;

2. Operated exclusively for the promotion of social welfare and general neighborhood improvement and enhancement; and

3. Exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code; or

(ii) A nonprofit association, corporation, or other organization that is:

1. Composed of residents of a contiguous community that is defined by specific geographic boundaries, within which a nuisance is located;

2. Operated for the promotion of the welfare, improvement, and enhancement of that community; and

3. In good standing with the State Department of Assessments and Taxation.

(3) “Local code violation” means a violation under the following provisions of the Baltimore City Code as amended from time to time or under any applicable code relating to the following provisions incorporated by Baltimore City by reference:

(i) Nuisance control, waste control, and noise regulation titles of the Health Code of Baltimore City;

(ii) The public nuisance and neighborhood nuisance provisions under City Code Article 19, Police Ordinances;

(iii) City Code Article 23, Sanitation;

(iv) The Building, Fire, and Related Codes of Baltimore City; or

(v) The Zoning Code of Baltimore City.

(4) “Nuisance” means, within the boundaries of the community represented by the community association, an act or condition knowingly created, performed, or maintained on private property that constitutes a local code violation and that:

(i) Significantly affects other residents of the neighborhood; and

(ii) 1. Is injurious to public health, safety, or welfare of neighboring residents; or

2. Obstructs the reasonable use of other property in the neighborhood.

(b) This section only applies to a nuisance located within the boundaries of Baltimore City.

(c) (1) A community association may seek injunctive and other equitable relief in the circuit court for abatement of a nuisance upon showing:

(i) The notice requirements of this subsection have been satisfied; and

(ii) The nuisance has not been abated.

(2) (i) 1. An action may not be brought under this section until 60 days after the community association sends notice of the violation and of the community association’s intent to bring an action under this section by certified mail, return receipt requested, to the appropriate code enforcement agency.

2. If the appropriate code enforcement agency is the Baltimore City Department of Housing and Community Development, an action under this section may not be brought if the Department provides a written response to the community association within 60 days of receiving the notice that the property is part of an active code enforcement plan.

(ii) An action under this section may not be brought if the appropriate code enforcement agency has filed an action for equitable relief from the nuisance.

(3) (i) An action may not be brought under this section until 60 days after the community association sends notice to the tenant, if any, and the owner of record that a nuisance exists and that legal action may be taken if the nuisance is not abated.

(ii) The notice shall specify:

1. The nature of the alleged nuisance;

2. The date and time of day the nuisance was first discovered;

3. The location on the property where the nuisance is allegedly occurring; and

4. The relief sought in the action.

(iii) 1. The notice shall be provided to the tenant, if any, and the owner of record in the same manner as service of process in a civil in personam action under the Maryland Rules.

2. Adequate and sufficient notice may be given to the tenant, if any, and the owner of record by sending a copy of the notice by regular mail and posting a copy of the notice on the property where the nuisance is allegedly occurring, if notice sent by certified mail is:

A. Returned unclaimed or refused;

B. Designated by the post office to be undeliverable for any other reason; or

C. Signed for by a person other than the addressee.

(iv) In filing a suit under this section, an officer of the community association shall certify to the court:

1. What steps the community association has taken to satisfy the notice requirements under this subsection; and

2. That each condition precedent to the filing of an action under this section has been met.

(4) (i) An action may not be brought against an owner of residential rental property unless, prior to the giving of notice under subsection (c)(3)(i) of this section, a notice of violation relating to the nuisance has first been issued by an appropriate code enforcement agency.

(ii) In the case of a nuisance based on a housing or building code violation, other than a recurrent sanitation violation, relief may not be granted under this section unless a violation notice relating to the nuisance has been issued by the Department of Housing and Community Development and remains outstanding after a period of 75 days.

(5) (i) If a violation notice is an essential element of the action, a copy of the notice signed by an official of the appropriate code enforcement agency shall be prima facie evidence of the facts contained in the notice.

(ii) A notice of abatement issued by the appropriate code enforcement agency in regard to the violation notice shall be prima facie evidence that the plaintiff is not entitled to the relief requested.

(6) A proceeding under this section shall:

(i) Take precedence on the docket;

(ii) Be heard at the earliest practicable date; and

(iii) Be expedited in every way.

(d) A political subdivision of the State or any agency of a political subdivision may not be subject to any action brought under this section or an action resulting from an action brought under this section against a private property owner.

(e) (1) Subject to paragraph (2) of this subsection, this section may not be construed as to abrogate any equitable or legal right or remedy otherwise available under the law to abate a nuisance.

(2) This section may not be construed as to grant standing for an action:

(i) Challenging any zoning application or approval;

(ii) In which the alleged nuisance consists of:

1. A condition relating to lead paint; or

2. An interior physical defect of a property;

(iii) Involving any violation of alcoholic beverages laws under the Alcoholic Beverages and Cannabis Article; or

(iv) Involving any matter in which a certificate, license, permit, or registration is required or allowed under the Environment Article.