Md. Code, Business Regulation § 12-401 — MD Code / Article gbr / Title 12 / Subtitle 4 / Section 12-401
§12–401.
Status: in_force

(a) This section applies to all dealers and all pawnbrokers wherever located in the State.

(b) A dealer or pawnbroker shall release to the primary law enforcement unit an item of personal property, other than a security or printed evidence of indebtedness, located at the place of business of the dealer or pawnbroker if:

(1) the item is established to have been stolen;

(2) the owner of the item or victim of the theft has positively identified the item;

(3) the owner of the item or the agent or designee of the owner has provided an affidavit of ownership;

(4) the stolen property report describes the item by:

(i) a date;

(ii) initials;

(iii) an insurance record;

(iv) a photograph;

(v) a sales receipt;

(vi) a serial number;

(vii) specific damage;

(viii) a statement of the facts that show that the item is one of a kind; or

(ix) a unique engraving; and

(5) the primary law enforcement unit provides to the dealer or pawnbroker a receipt that describes the item and that notifies the dealer or pawnbroker of the dealer’s or pawnbroker’s right to file an application for a statement of charges against the individual who sold the item to the dealer or pawnbroker, or other alleged thief for theft under § 7–104 of the Criminal Law Article.

(c) (1) Subject to paragraph (2) of this subsection, a dealer shall retain in the dealer’s place of business, for an additional period of 12 days, any item of personal property or other valuable thing, other than securities or printed evidence of indebtedness, if:

(i) the primary law enforcement unit requests that the dealer retain the item;

(ii) the primary law enforcement unit has reasonable cause to believe the item has been stolen; and

(iii) the item has not been identified under subsection (b)(2) of this section.

(2) A dealer shall retain in the dealer’s place of business, for an additional 45 days following the holding period required under paragraph (1) of this subsection, an item of personal property or other valuable thing, other than securities or printed evidence of indebtedness, if the primary law enforcement unit:

(i) requests that the dealer retain the item in the dealer’s place of business;

(ii) has a continuous active investigation of an item initially held under paragraph (1) of this subsection based on a reasonable cause to believe the item was stolen; and

(iii) has documentation of progress in the investigation as long as the investigation has not been closed.

(3) A primary law enforcement unit may renew a request to hold an item under paragraph (2) of this subsection as many times as necessary.

(d) When a primary law enforcement unit no longer needs an item for evidence, the primary law enforcement unit shall give the item to its owner.

(e) A dealer or pawnbroker who is required to release an item under this section is not entitled to reimbursement for any pledge or purchase price paid for the item from:

(1) the primary law enforcement unit to which the dealer released the item;

(2) the owner of the item; or

(3) the victim of the theft.

(f) If the owner of the item or the victim of the theft chooses to participate in the prosecution of the alleged identified thief, then the charges of theft from the owner or the victim of the theft and the charges of theft from the dealer or pawnbroker may be heard in a joint trial.

(g) The Secretary shall distribute to licensed dealers or post on the Department’s Web site the name of the primary law enforcement unit responsible for enforcing this title in each jurisdiction, including municipalities.
Md. Code, Commercial Law § 12-102 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

Except as otherwise provided by law, a person may not charge interest in excess of an effective rate of simple interest of 6 percent per annum on the unpaid principal balance of a loan.
Md. Code, Economic Development § 12-1102 — MD Code / Article gec / Title 12 / Subtitle 11 / Section 12-1102
§12–1102.
Status: in_force

§12–1102. IN EFFECT

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

There is an Allegany Regional Recreational Economic Development Authority in Allegany County.
Md. Code, Public Safety § 12-819 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-819
§12–819.
Status: in_force

There is an Elevator Safety Review Board in the Maryland Department of Labor.
Md. Code, Alcoholic Beverages and Cannabis § 12-2605 — MD Code / Article gab / Title 12 / Subtitle 26 / Section 12-2605
§12–2605.
Status: in_force

(a) In this section, “Unit” means the Neighborhood Services Unit within the Office of the Sheriff of Baltimore City, as established under § 2–316.1 of the Courts Article.

(b) The Board shall work in partnership with the Unit to enforce this title.

(c) The Board shall enter into a memorandum of understanding with the Unit that specifies:

(1) the respective roles and responsibilities of the parties in connection with the partnership described in subsection (b) of this section; and

(2) in accordance with § 12–209 of this title, the funding source for the Unit.
Md. Code, Housing and Community Development § 12-106 — MD Code / Article ghs / Title 12 / Subtitle 1 / Section 12-106
§12–106.
Status: in_force

(a) An individual or family qualifies as a person of eligible income:

(1) for projects that are State or federally funded, if the individual or family meets the income requirements of the State or federal program involved; or

(2) for other projects, if the individual or family, by a determination under subsection (b) of this section, lacks sufficient income or assets without financial assistance to purchase or rent decent, safe, and sanitary housing without overcrowding.

(b) (1) The chief elected official or the chief elected official’s designee, who may be the executive director of an authority or the board of commissioners of the authority, shall determine whether an individual or family qualifies as a person of eligible income under subsection (a)(2) of this section.

(2) Determination of qualifying income levels may vary for the elderly, individuals with disabilities, other persons with special needs, particular projects or programs, or particular parts of the political subdivision.
Md. Code, Economic Development § 12-103 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

(a) The General Assembly finds that:

(1) conditions of unemployment exist in many areas of the State;

(2) the acquisition and improvement of facilities are essential to relieve this unemployment and to establish a balanced economy in the State;

(3) the present and prospective health, happiness, safety, right of gainful employment, and general welfare of the residents of the State will be promoted by the acquisition and improvement of facilities;

(4) the control or abatement of pollution of the environment of the State, including noise pollution, is necessary to:

(i) retain existing industry and commerce in and attract new industry and commerce to the State;

(ii) protect the health, welfare, and safety of the residents of the State;

(iii) protect the natural resources of the State; and

(iv) encourage the economic development of the State; and

(5) (i) the public ports of the State are assets of value to the entire State;

(ii) the residents of the entire State benefit directly from the waterborne commerce that the public ports attract and service; and

(iii) any improvement of public ports that increases their export and import commerce will benefit the residents of the entire State.

(b) The legislative purposes of this subtitle are to:

(1) relieve conditions of unemployment in the State;

(2) encourage the increase of industry and commerce and a balanced economy in the State;

(3) assist in the retention of existing industry and commerce in, and the attraction of new industry and commerce to, the State through, among other things, the development of ports, the control or abatement of environmental pollution, and the use and disposal of waste;

(4) promote economic development;

(5) protect natural resources and encourage resource recovery; and

(6) promote the health, welfare, and safety of the residents of the State.
Md. Code, Education § 12-301 — MD Code / Article ged / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

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

(b) “Center” means the Center for Maryland Advanced Ventures established under § 12–305 of this subtitle.

(c) “Council” means the MPowering Joint Steering Council established under § 12–304 of this subtitle.

(d) “Presidents” means the President of the University of Maryland, College Park Campus and the President of the University of Maryland, Baltimore Campus.

(e) “UMCEED” means the University of Maryland Center for Economic and Entrepreneurship Development.

(f) “University of Maryland” has the meaning stated in § 12–101 of this title.
Md. Code, Financial Institutions § 12-916 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-916
§12–916.
Status: in_force

(a) (1) A licensee may not perform debt management services for a consumer unless:

(i) 1. The licensee provides the consumer with a consumer education program;

2. The licensee provides the consumer with a written summary of the counseling options and strategies for addressing the consumer’s debt problems developed under § 12–901(f)(2) of this subtitle; and

3. The consumer signs an acknowledgment stating that the consumer has reviewed the written summary and has decided to proceed with entering into a debt management services agreement with the licensee;

(ii) The licensee, through a debt management counselor certified by an independent organization, has:

1. Prepared a financial analysis of and an initial budget plan for the consumer’s debt obligations;

2. Provided a copy of the financial analysis and the initial budget plan to the consumer; and

3. Provided to the consumer, for all creditors identified by the consumer, a list of:

A. The creditors that the licensee reasonably expects to participate in the management of the consumer’s debt under the debt management services agreement; and

B. The creditors that the licensee reasonably expects not to participate in the management of the consumer’s debt under the debt management services agreement;

(iii) The licensee and the consumer have executed a debt management services agreement that describes the debt management services to be provided by the licensee to the consumer;

(iv) The licensee has a reasonable expectation based on the licensee’s past experience that each creditor of the consumer that is listed as a participating creditor in the consumer’s debt management services agreement will accept payment of the consumer’s debts owed to the creditor as provided in the consumer’s debt management services agreement;

(v) The licensee has made a determination, based on the licensee’s analysis of the information provided by the consumer and otherwise available to it, that:

1. The debt management services are suitable for the consumer; and

2. The consumer will be able to meet the payment obligations under the debt management services agreement; and

(vi) A copy of the completed debt management services agreement has been provided to the consumer.

(2) (i) A licensee may provide to a consumer the materials required under paragraph (1)(ii) of this subsection using the Internet if:

1. A debt management counselor of the licensee has reviewed and approved the computer program or application used to create the financial analysis and initial budget plan; and

2. The consumer is:

A. Advised of the availability of counseling; and

B. Afforded the opportunity for counseling and for discussion of the financial analysis and initial budget plan with a debt management counselor at any time.

(ii) Title 21 of the Commercial Law Article applies to the provision of materials and associated transactions under this paragraph.

(3) In addition to the requirements under paragraph (1) of this subsection, before providing debt management services for a consumer, a debt management services provider shall provide a written notice to the consumer stating:

(i) That if the consumer elects to file for bankruptcy, the consumer will be required under federal bankruptcy law to receive pre–bankruptcy credit counseling services from a nonprofit credit counseling agency that is approved by the United States Trustee Program;

(ii) Whether the debt management services provider is approved by the United States Trustee Program to provide pre–bankruptcy credit counseling services; and

(iii) That the consumer should contact a federal bankruptcy court to obtain a list of credit counseling agencies that are approved by the United States Trustee Program.

(b) Each debt management services agreement shall:

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

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

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

(ii) The name, address, phone number, and license number of the licensee;

(iii) A description of the debt management services to be provided to the consumer and any fees to be charged to the consumer for the debt management services;

(iv) A disclosure of the existence of the surety bond required under § 12–914 of this subtitle;

(v) The name and address of the financial institution in which funds, paid by the consumer to the licensee for disbursement to the consumer’s creditors, will be held;

(vi) A notice of the right of a party to the debt management services agreement to rescind the debt management services agreement at any time by giving written notice of rescission to the other party;

(vii) A schedule of payments that the consumer must make to the debt management services provider, including:

1. The amount of each payment and the date on which each payment is due; and

2. An itemization of the maintenance fees that will be retained by the debt management services provider, and the amount of money that will be paid to the consumer’s creditors, from each payment the consumer makes to the debt management services provider;

(viii) A list of:

1. A. Each participating creditor of the consumer to which payments will be made under the debt management services agreement;

B. The amount owed to each creditor; and

C. A schedule of payments that the debt management services provider will make to each participating creditor from the consumer’s payments, including the amount of each payment and the date on which each payment will be made; and

2. Each creditor that the licensee reasonably expects not to participate in the management of the consumer’s debt under the debt management services agreement;

(ix) A disclosure that the licensee also may receive compensation from the consumer’s creditors for providing debt management services to the consumer;

(x) A disclosure that the licensee may not, as a condition of entering into a debt management services agreement, require a consumer to purchase for a fee a counseling session, an educational program, or materials and supplies;

(xi) A disclosure that the licensee may not require a voluntary contribution from a consumer for any service provided by the licensee to the consumer;

(xii) A disclosure that, by executing the debt management services agreement, the consumer authorizes any financial institution in which the licensee has established a trust account for deposit of the consumer’s funds to disclose to the Commissioner any financial records relating to the trust account during the course of any investigation or examination of the licensee by the Commissioner;

(xiii) A disclosure that execution of a debt management services agreement may impact the consumer’s credit rating and credit scores; and

(xiv) The following notice:

“The Commissioner of Financial Regulation for the State of Maryland will accept questions and complaints from Maryland residents regarding (name and license number of the debt management services provider) at (address of the Commissioner) phone (toll–free number of the Commissioner). Do not sign this agreement before you read it. You must be given a copy of this agreement.”.

(c) A debt management services agreement between a consumer and a person that is not a licensee under this subtitle shall be null and void, and all fees paid to the person under the debt management services agreement shall be recoverable by the consumer, together with reasonable attorney’s fees.
Md. Code, Commercial Law § 12-109.2 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-109.2
§12–109.
Status: in_force

§12–109.2.

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

(2) “Escrow account” has the meaning stated in § 12-109 of this subtitle.

(3) “Lender” includes a lender and assignee of a lender.

(4) “Mortgage” includes a mortgage and a deed of trust.

(b) (1) Funds in any escrow account shall be kept separate from and may not be commingled with the funds of the lender.

(2) A lender may place escrow funds received in connection with more than one mortgage into a single escrow account.

(3) In the event of the bankruptcy of the lender, any escrow funds placed in any escrow account under this section may not be considered to be part of the bankrupt estate of the lender.

(c) A lender may not impose a collection fee or service charge on the maintenance of an escrow account on a first mortgage.
Md. Code, Economic Development § 12-212 — MD Code / Article gec / Title 12 / Subtitle 2 / Section 12-212
§12–212.
Status: in_force

This subtitle does not authorize a county or a municipal corporation to acquire property by eminent domain.
Md. Code, Health Occupations § 12-6D-13 — MD Code / Article gho / Title 12 / Subtitle 6D / Section 12-6D-13
§12–6D–13.
Status: in_force

(a) Unless the Board agrees to accept the surrender of a pharmacy intern’s registration, a registered pharmacy intern may not surrender the pharmacy intern’s registration nor may the pharmacy intern’s registration lapse by operation of law while the registered pharmacy intern is under investigation or while charges are pending against the registered pharmacy intern.

(b) The Board may set conditions on the Board’s agreement with the registered pharmacy intern under investigation or against whom charges are pending to accept the surrender of the pharmacy intern’s registration.
Md. Code, Corporations and Associations § 12-902 — MD Code / Article gca / Title 12 / Subtitle 9 / Section 12-902
§12–902.
Status: in_force

(a) Before doing any interstate, intrastate, or foreign business in this State, a foreign statutory trust shall register with the Department.

(b) To register, a foreign statutory trust shall submit to the Department an application for registration as a foreign statutory trust executed by an authorized person and setting forth:

(1) The name of the foreign statutory trust and, if different, the name under which it proposes to register and do business in this State;

(2) The jurisdiction under the laws of which it was formed and the date of its formation;

(3) The general character of the business it proposes to transact in this State;

(4) The name and address of its resident agent in this State;

(5) A statement that the Department is appointed as the resident agent of the foreign statutory trust if no resident agent has been designated under item (4) of this subsection or, if a resident agent has been designated, the resident agent’s authority has been revoked or the resident agent cannot be found or served with the exercise of reasonable diligence; and

(6) The address of the office required to be maintained in the jurisdiction of its formation by the laws of that jurisdiction or, if not so required, of the principal office of the foreign statutory trust.
Md. Code, Insurance § 12-306 — MD Code / Article gin / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

A settlement made by an insurer or a self-insurer approved under § 17-103(a) of the Transportation Article under a motor vehicle liability insurance policy of a claim arising from an accident or other event for damage to or destruction of property owned by another person:

(1) may not be construed as an admission of liability by the insured or recognition of liability by the insurer or self-insurer with respect to another claim arising from the same accident or event; and

(2) does not preclude a claim for bodily injury or other claims outside the scope of the settlement.
Md. Code, State Finance and Procurement § 12-103 — MD Code / Article gsf / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

(a) This section does not apply to capital expenditures by the Department of Transportation or the Maryland Transportation Authority, in connection with State roads, bridges, or highways, as provided in § 12-202 of this title.

(b) Notwithstanding any delegation of authority under § 12-101 of this subtitle, the Board retains full authority to engage in procurement of services and supplies for itself.

(c) By resolution, the Board may authorize a Board member or a unit to exercise all or any part of the authority of the Board for a specific Board procurement or for a particular class of Board procurements.
Md. Code, Insurance § 12-208 — MD Code / Article gin / Title 12 / Subtitle 2 / Section 12-208
§12–208.
Status: in_force

(a) Whenever the proceeds of or payments under a life insurance or health insurance policy or annuity contract become payable in accordance with the policy or contract or in accordance with the exercise of any right or privilege under the policy or contract, and the insurer makes payment in accordance with the policy or contract or in accordance with a written assignment of the policy or contract, the person then designated in the policy or contract or by the assignment as being entitled to the proceeds or payments is entitled to receive the proceeds or payments and to give a full release.

(b) Payment shall discharge the insurer fully from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office notice written by or on behalf of another person that the other person claims to be entitled to the payment or to some interest in the policy or contract.
Md. Code, Health Occupations § 12-409 — MD Code / Article gho / Title 12 / Subtitle 4 / Section 12-409
§12–409.
Status: in_force

(a) Subject to the hearing provisions of § 12–411 of this subtitle, the Board may suspend or revoke any pharmacy permit, if the pharmacy:

(1) Is conducted so as to endanger the public health or safety;

(2) Violates any of the standards specified in § 12–403 of this subtitle; or

(3) Otherwise is not conducted in accordance with the law.

(b) (1) A nonresident pharmacy is subject to the disciplinary actions stated in this subtitle.

(2) The Board may fine a nonresident pharmacy in accordance with § 12–410 of this subtitle or deny, revoke, or suspend the permit of a nonresident pharmacy for any violation of § 12–403(e) through (h) of this subtitle.
Md. Code, Public Utilities § 12-107 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-107
§12–107.
Status: in_force

(a) The Authority consists of nine members appointed by the Governor.

(b) The nine members shall be appointed as follows:

(1) one member from a list submitted to the Governor by the Associated Utility Contractors of Maryland;

(2) one member from a list submitted to the Governor by the Public Works Contractors Association of Maryland;

(3) two underground facility owners that are members of a one–call system from a list submitted to the Governor by the Maryland members of the Maryland/DC Subscribers Committee;

(4) one member from a list submitted to the Governor by the one–call systems operating in the State;

(5) one member who represents the State’s underground facility contract locator community from a list submitted to the Governor by the Maryland members of the Maryland/DC Damage Prevention Committee;

(6) one member who has experience in the field of underground facilities from a list submitted to the Governor by the Maryland Association of Counties;

(7) one member who has experience in the field of underground facilities from a list submitted to the Governor by the Maryland Municipal League; and

(8) one member of the general public from a list submitted to the Governor by the other appointed and qualified members of the Authority.

(c) (1) To the extent practicable, members appointed to the Authority shall reasonably reflect the geographic, racial, and gender diversity of the State.

(2) A member shall reside in the State more than 6 months each year.

(3) For the stakeholder members appointed under subsection (b)(1) through (7) of this section:

(i) the member’s primary business, employment, or membership determines the entity that the member is appointed to represent; and

(ii) an organization, a facility owner, or any other entity may not hold more than one seat on the Authority.

(d) (1) The term of a member is 2 years.

(2) The terms of members are staggered as required by the terms provided for members of the Authority on October 1, 2010.

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

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

(5) A member may not be appointed for more than two consecutive full terms.

(6) To the extent practicable, the Governor shall fill any vacancy in the membership of the Authority within 60 days after the vacancy.

(e) On the recommendation of the Authority, the Governor may remove a member for incompetence or misconduct.

(f) (1) Any organization, facility owner, or entity possessing a seat on the Authority whose term is due to expire or be vacated shall:

(i) designate a replacement for its representative; and

(ii) if reasonable, initiate the nomination process with the Governor’s appointments office at least 60 days before the known expiration, removal, or resignation of its representative.

(2) If the organization, facility owner, or entity fails to comply with the replacement process under paragraph (1) of this subsection, the Authority shall:

(i) conduct a search for a replacement nominee from the organization, facility owner, or entity having the vacancy on the Authority; and

(ii) follow the nomination process provided by the Governor’s appointments office.

(3) If the organization, facility owner, or entity having the vacancy subsequently fails to provide a nominee within the required time for a second time, the Authority may:

(i) remove the organization, facility owner, or entity representation from the Authority; and

(ii) replace the organization, facility owner, or entity having a vacancy on the Authority with a comparable organization, facility owner, or entity.

(4) In the case of a sudden or unexpected vacancy, the organization, facility owner, or entity shall provide a nomination to the Governor’s appointments office within 60 days after the vacancy occurs.
Md. Code, Alcoholic Beverages and Cannabis § 12-1313 — MD Code / Article gab / Title 12 / Subtitle 13 / Section 12-1313
§12–1313.
Status: in_force

(a) The Board may not charge a fee for a temporary license permit extension if:

(1) the applicant is an officially recognized and active main street organization established by the City that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code; and

(2) the event is a single event where the attendance is limited to 750 or fewer individuals.

(b) The Board shall enforce this section.
Md. Code, Alcoholic Beverages and Cannabis § 12-403 — MD Code / Article gab / Title 12 / Subtitle 4 / Section 12-403
§12–403.
Status: in_force

(a) This section applies to a Class 7 micro–brewery license in the City.

(b) The license may be issued only to the holder of:

(1) a Class B beer, wine, and liquor (on–sale) license that is issued for use on the premises of a restaurant located in the City; or

(2) a Class D alcoholic beverages license that is issued for use on the premises of the existing Class D license located in the 40th alcoholic beverages district of the City.

(c) (1) Subject to paragraphs (2), (3), and (4) of this subsection, the holder of a Class 7 micro–brewery license may:

(i) brew in two locations using the same Class 7 micro–brewery license; and

(ii) obtain a Class 2 rectifying license for the premises at the two locations authorized under item (i) of this paragraph.

(2) The holder of a Class 7 micro–brewery license may brew in two locations using the same Class 7 micro–brewery license if the license holder:

(i) requests permission by submitting a written application to the Executive Director; and

(ii) obtains written approval from the Executive Director.

(3) Before authorizing a holder of a Class 7 micro–brewery license to brew in two locations using the same Class 7 micro–brewery license, the Executive Director shall:

(i) make a determination that a second location to brew additional capacity is necessary due to insufficient space at the existing Class 7 license location; and

(ii) consider any other factor relevant to approval of the application.

(4) Notwithstanding any other provision of this article, a holder of a Class 7 micro–brewery license may not serve or sell beer for on– or off–premises consumption at the second brewing location authorized under this subsection.
Md. Code, Election Law § 12-108 — MD Code / Article gel / Title 12 / Subtitle 1 / Section 12-108
§12–108.
Status: in_force

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

(2) “Duplicate ballot” means a paper ballot that:

(i) is created by a local board for purposes of vote tabulation by an optical scanner because the voter–verifiable paper record submitted by the voter is not acceptable for vote tabulation by an optical scanner; and

(ii) is a copy of a voter–verifiable paper record that:

1. for an absentee ballot returned by mail, reflects the intent of the voter; or

2. for a provisional ballot, includes only the votes for contests for which the voter is eligible to vote.

(3) “Voter–verifiable paper record” has the meaning stated in § 9–102 of this article.

(b) (1) In a recount under this subtitle, subject to paragraph (2) of this subsection, the petitioner shall select the method for conducting the recount.

(2) The petitioner may select only one of the following methods:

(i) rescanning the ballots using:

1. the same vote tabulating equipment that was used in the election; or

2. alternative vote tabulating equipment, if alternative equipment is available and its use is feasible, as determined by the State Board;

(ii) a manual recount of voter–verifiable paper records; or

(iii) any other recount method approved by the State Administrator.

(c) A local board shall:

(1) preserve the voter–verifiable paper record corresponding to each duplicate ballot that is created; and

(2) store each duplicate ballot that is created together with the corresponding voter–verifiable paper record.

(d) In a recount under this subtitle, a local board shall:

(1) examine the voter–verifiable paper record and duplicate ballot; and

(2) (i) if the voter–verifiable paper record and duplicate ballot do not match, create a new duplicate ballot that accurately reflects the voter’s intent and count that duplicate ballot; or

(ii) if the voter–verifiable paper record and duplicate ballot match, count the duplicate ballot.
Md. Code, Financial Institutions § 12-110.1 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-110.1
§12–110.
Status: in_force

§12–110.1.

(a) A licensee may surrender a license through NMLS in accordance with the process that the Commissioner requires.

(b) If a license is surrendered voluntarily, or is suspended or revoked, the Commissioner may not refund any part of the license fee regardless of the time remaining in the license term.

(c) The surrender of a license does not affect any civil or criminal liability of the licensee for acts committed before the license was surrendered.
Md. Code, Commercial Law § 12-806 — MD Code / Article gcl / Title 12 / Subtitle 8 / Section 12-806
§12–806.
Status: in_force

A borrower is entitled to a refund of any finder’s fee paid to a mortgage broker if:

(1) The loan transaction is not made to the borrower; or

(2) The borrower exercises his right to rescind the loan transaction under the federal Truth in Lending Act or any similar federal or State law.
Md. Code, Health Occupations § 12-304 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.

(b) The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines.

(c) The Board shall notify each qualified applicant of the time and place of examination.

(d) The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.
Md. Code, Real Property § 12-101 — MD Code / Article grp / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

(a) All proceedings for the acquisition of private property for public use by condemnation are governed by the provisions of this title and of Title 12, Chapter 200 of the Maryland Rules.

(b) Nothing in this title prevents this State or any of its instrumentalities or political subdivisions, acting under statute or ordinance passed pursuant to Article III of the Maryland Constitution, from taking private property for public use immediately on making the required payment and giving any required security.

(c) This title does not prevent the State Roads Commission from using the procedures set forth in Title 8, Subtitle 3 of the Transportation Article, or prevent Baltimore City from using the procedure set forth in the Charter of Baltimore City and §§ 21–12 through 21–22, inclusive, of the Public Local Laws of Baltimore City.

(d) Notwithstanding any other law, from June 1, 2014, to May 30, 2016, both inclusive, the State or any of its instrumentalities or political subdivisions may not acquire a mortgage or deed of trust by condemnation.
Md. Code, Alcoholic Beverages and Cannabis § 12-1103 — MD Code / Article gab / Title 12 / Subtitle 11 / Section 12-1103
§12–1103.
Status: in_force

(a) There is a special amusement permit.

(b) The Board may grant the permit to a holder of a Class D beer, wine, and liquor license who regularly specializes in the entertainment of customers by providing approved types of amusement, such as:

(1) singing;

(2) dancing;

(3) music that is other than recorded music or radio programs;

(4) floor shows;

(5) acrobatic acts;

(6) theatricals; and

(7) movies.

(c) The permit holder may sell beer, wine, and liquor at the hours that the Board specifies.

(d) The Board may not issue a Class B beer, wine, and liquor license for an establishment that provides entertainment under subsection (b) of this section unless the Board finds that the establishment is a restaurant.

(e) In addition to the annual fee for a Class D beer, wine, and liquor license, the annual permit fee is $750.

(f) The Board shall adopt regulations for issuing the permit to carry out this section.
Md. Code, Public Safety § 12-904 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-904
§12–904.
Status: in_force

(a) There is a Board of Boiler Rules in the Division of Labor and Industry in the Maryland Department of Labor.

(b) (1) The Board consists of the following members:

(i) as an ex officio member, the Commissioner; and

(ii) 10 members appointed by the Governor with the advice of the Secretary and with the advice and consent of the Senate.

(2) Of the 10 appointed members of the Board:

(i) one shall be a representative of owners and users of power boilers;

(ii) one shall be a representative of owners of agricultural, model, or historical steam engine equipment;

(iii) one shall be a representative of owners and users of pressure vessels;

(iv) one shall be a representative of manufacturers or assemblers of boilers or pressure vessels;

(v) one shall be a representative of an insurer authorized to insure boilers or pressure vessels;

(vi) one shall be a mechanical engineer on the faculty of a recognized engineering college in the State;

(vii) one shall be a stationary engineer;

(viii) one shall be a professional engineer with boiler or pressure vessel experience;

(ix) one shall be a consumer member; and

(x) one shall be a representative with at least 10 years of experience in constructing, installing, and repairing boilers and pressure vessels.

(c) (1) The consumer member of the Board:

(i) shall be a member of the public;

(ii) may not be a licensee or otherwise be subject to regulation by the Board;

(iii) may not be required to meet the qualifications for the professional members of the Board; and

(iv) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.

(2) While a member of the Board, the consumer member may not:

(i) have a financial interest in or receive compensation from a person regulated by the Board; or

(ii) grade any examination given by or for the Board.

(d) (1) The term of an appointed member is 4 years.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 2003.

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

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

(e) (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned who has been appointed to the Board by the Governor if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

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

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

(f) The Board shall elect a chairman from among its members.

(g) The Commissioner may not vote.

(h) (1) The Commissioner may not receive additional compensation as a member of the Board.

(2) An appointed member of the Board:

(i) may not receive a salary as a member of the Board; but

(ii) is entitled to:

1. compensation in accordance with the State budget; and

2. reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(i) The Board shall meet with and consult the State Board of Stationary Engineers as necessary but at least one time each year.

(j) The exercise or performance of the powers, authority, duties, and functions of the Board under this subtitle is subject to the power and authority of the Secretary.
Md. Code, Local Government § 12-507 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-507
§12–507.
Status: in_force

(a) This section applies to all counties.

(b) (1) The governing body of a county shall erect and maintain a sign at each intersection of a county road with a State road or state–aid road that shall:

(i) contain, in letters at least 3 inches in height, the name of the principal place or places to which the county road leads and the distance to the place or places from the intersection of the county road and the State road or state–aid road; and

(ii) be securely fastened on a substantial post firmly placed in the ground.

(2) In a county where the jurisdiction over the county roads is vested by law in a board or other official, the duties of this section shall be the duties of the board or other official.

(c) A person who defaces, damages, or destroys a sign erected or maintained under this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 10 days and not exceeding 30 days or a fine for each offense not exceeding $50 or both.
Md. Code, Public Utilities § 12-125 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-125
§12–125.
Status: in_force

(a) A person shall repeat the notification required under § 12–124 of this subtitle if the person:

(1) has not completed or will not complete the excavation or demolition within the time period authorized by the ticket;

(2) expands the excavation or demolition beyond the location indicated in the notice under § 12–124(b) of this subtitle; or

(3) adds a temporary excavator to the ticket.

(b) If a person discovers that a mark is obliterated, destroyed, or removed, or observes a visible indication that an underground facility or structure is not marked as required under § 12–126 of this subtitle, the person shall notify the one–call system to request that all or part of the current scope of work of a valid ticket be re–marked.

(c) A person shall repeat the notification regardless of:

(1) any delays by an owner–member in marking its underground facilities; or

(2) an agreement between the person and an owner–member regarding the time for marking underground facilities.

(d) Any re–marking made after a notification provided under this section shall comply with the requirements of § 12–126 of this subtitle.
Md. Code, Financial Institutions § 12-109 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-109
§12–109.
Status: in_force

(a) When an applicant for a license files the application and pays the fees required by § 12–108 of this subtitle, the Commissioner shall investigate the facts relevant to the application to determine if the applicant meets the requirements of this subtitle.

(b) Unless the Commissioner and an applicant agree in writing to extend the time, the Commissioner shall approve or deny each application for a license within 60 days after the date on which the complete application is filed and the fees are paid.

(c) The Commissioner shall issue a license to any applicant who meets the requirements of this subtitle.

(d) (1) If an applicant does not meet the requirements of this subtitle, the Commissioner shall:

(i) Deny the application;

(ii) Notify the applicant immediately of the denial;

(iii) Refund the license fee; and

(iv) Retain the investigation fee.

(2) (i) Within 10 days after the Commissioner denies an application, the Commissioner shall send a written notice to the applicant stating the reasons for the denial.

(ii) The notice shall be sent by United States mail, e–mail, or any means provided through NMLS to the address listed in the application.
Md. Code, Housing and Community Development § 12-101 — MD Code / Article ghs / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

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

(b) “Area of operation” means the geographical area within which an authority is empowered to act.

(c) “Authority” means a public corporation created as a housing authority under this Division II.

(d) “Bond” includes a note, an interim certificate, a debenture, and any other obligation issued by an authority under this Division II.

(e) “Chief elected official” means:

(1) the individual who exercises the office of the chief publicly elected executive official of the political subdivision; or

(2) in a political subdivision without a chief publicly elected executive official, the highest executive body.

(f) “Code authority” means an authority activated on or after July 1, 1990.

(g) “County” means a county of the State or Baltimore City.

(h) “Custodian of records” means:

(1) the clerk of the political subdivision;

(2) the officer charged with the duties customarily imposed on a clerk; or

(3) the political subdivision’s designee to be the custodian of records for this Division II.

(i) “Economically depressed or physically deteriorated area” means an area in which most housing is harmful to safety, health, and morals because of:

(1) dilapidation;

(2) overcrowding;

(3) faulty arrangement or design; or

(4) lack of ventilation, light, or sanitary facilities.

(j) “Extraordinary majority” means two-thirds or more of the authorized number of members of the legislative body or the board of commissioners of an authority, as applicable.

(k) (1) “Housing project” means a work or undertaking to:

(i) demolish, clear, or remove buildings from an economically depressed or physically deteriorated area; or

(ii) provide decent, safe, and sanitary housing for persons of eligible income and, to the extent authorized by § 12-503(a)(4) of this title, for other persons.

(2) “Housing project” includes:

(i) work connected to planning, constructing, reconstructing, altering, or repairing improvements, acquiring property, or demolishing structures;

(ii) adapting an economically depressed or physically deteriorated area to public purposes, including parks and other recreational or community purposes; and

(iii) acquiring buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable:

1. appurtenances;

2. streets;

3. sewers;

4. water service;

5. parks;

6. site preparation;

7. gardening; and

8. administrative, community, health, recreational, educational, welfare, or other purposes.

(l) “Legislative body” means the council, commissioners, or other legislative body of a political subdivision.

(m) “Military personnel” includes all civilian and military employees of the military and naval forces of the United States and their families and other dependents who are living with them.

(n) “Obligee” includes:

(1) a bondholder and a trustee for a bondholder;

(2) a lessor that leases to the authority property used in connection with a housing project, and an assignee of all or part of the lessor’s interest; and

(3) the State or federal government when it is a party to a contract with an authority.

(o) “Person” means an individual, a receiver, a trustee, a guardian, a personal representative, a fiduciary, a representative of any kind, a partnership, a firm, an association, a corporation, a public corporation, or any other entity.

(p) “Person of eligible income” means an individual or family that qualifies under § 12-106 of this subtitle.

(q) “Political subdivision” means a county or municipal corporation of the State.

(r) “Pre-existing authority” means an authority that was activated before July 1, 1990.

(s) “Real property” includes:

(1) land;

(2) improvements and fixtures on the land;

(3) property of any nature appurtenant to or used in connection with the land; and

(4) each legal or equitable estate, interest, and right in the land, including:

(i) terms for years and liens by way of judgment, mortgage, or otherwise; and

(ii) the indebtedness secured by those liens.

(t) “State public body” means any political subdivision, commission, district, authority, or unit of the State.
Md. Code, Commercial Law § 12-408 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-408
§12–408.
Status: in_force

A lender may not refinance a loan more often than:

(1) Once during any twelve-month period of the loan; and

(2) Twice during any five-year period of the loan.
Md. Code, Public Safety § 12-101 — MD Code / Article gps / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

(a) This section applies only to inspections under § 12-909 and Subtitle 8, Part II of this title.

(b) An inspector of the Division of Labor and Industry may apply to the District Court for an administrative search warrant under this section if the inspector:

(1) is authorized or required by law to inspect property in the State; and

(2) is denied access to the property after making a proper request for access of the owner, lessee, or other person in charge of the property.

(c) A judge may issue an administrative search warrant under this section if the application:

(1) specifies the nature, scope, and purpose of the inspection; and

(2) shows that:

(i) the applicant is authorized or required by law to inspect the property;

(ii) the applicant was denied access to the property after making a proper request for access at a reasonable time;

(iii) the application is approved by the Attorney General; and

(iv) the inspection is sought for safety or health related purposes.
Md. Code, Alcoholic Beverages and Cannabis § 12-2003 — MD Code / Article gab / Title 12 / Subtitle 20 / Section 12-2003
§12–2003.
Status: in_force

(a) (1) Except as provided in § 12–2005 of this subtitle, a holder of a Class A beer and light wine license may sell beer and light wine:

(i) on Monday through Saturday:

1. from 9 a.m. to 10 p.m. in the area specified in the Park Heights Master Plan adopted by the City in 2006; and

2. from 6 a.m. to midnight in all other locations in the City; and

(ii) on the Sundays that fall between Thanksgiving Day and New Year’s Day, from 1 p.m. to 9 p.m., if, on or before September 30 of that year, the license holder has paid a supplementary license fee of $120 for each Sunday the privilege is to be exercised.

(2) In addition to the privileges specified under paragraph (1)(ii) of this subsection, the license holder may sell beer and light wine for off–premises consumption on two additional Sundays during the calendar year if the holder pays a license fee of $120 at least 2 weeks before each time the privilege is exercised.

(b) (1) Except as provided in § 12–2005 of this subtitle, a holder of a Class B beer and light wine license may sell beer and light wine:

(i) from 9 a.m. to 2 a.m. the following day in the area specified in the Park Heights Master Plan adopted by the City in 2006; and

(ii) from 6 a.m. to 2 a.m. the following day in all other locations in the City.

(2) Except as provided in § 12–2005 of this subtitle and § 12–903(d) of this title, the license holder may sell beer and light wine at a bar or counter on Sunday.

(c) (1) Except as otherwise provided in this subtitle, a holder of a Class C beer and light wine license may sell beer and light wine:

(i) from 9 a.m. to 2 a.m. the following day in the area specified in the Park Heights Master Plan adopted by the City in 2006; and

(ii) from 6 a.m. to 2 a.m. the following day in all other locations in the City.

(2) Except as provided in § 12–2005 of this subtitle, the license holder may sell beer and light wine at a bar or counter on Sunday.

(d) Except as provided in § 12–2005 of this subtitle, a holder of a Class D beer and light wine license may sell beer and light wine:

(1) from 9 a.m. to 1 a.m. the following day in the area specified in the Park Heights Master Plan adopted by the City in 2006; and

(2) from 6 a.m. to 1 a.m. the following day in all other locations in the City.
Md. Code, Transportation § 12-119 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-119
§12–119.
Status: in_force

Every rule, regulation, form, order, and directive adopted by or relating to the former Department of Motor Vehicles or the Commissioner of Motor Vehicles remains in effect until changed by the Administration or the Secretary. Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document referring to the Department of Motor Vehicles or the Commissioner of Motor Vehicles means the Administration or the Administrator, respectively.
Md. Code, State Government § 12-109 — MD Code / Article gsg / Title 12 / Subtitle 1 / Section 12-109
§12–109.
Status: in_force

Counsel may not charge or receive fees that exceed:

(1) 20% of a settlement made under this subtitle; or

(2) 25% of a judgment made under this subtitle.
Md. Code, State Personnel and Pensions § 12-202 — MD Code / Article gsp / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

Before initiating a grievance procedure, an employee shall present the matter orally to the employee's supervisor for informal discussion.
Md. Code, Business Regulation § 12-301 — MD Code / Article gbr / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

(a) (1) Each dealer shall make a written record, on a form provided by the Secretary, of each business transaction that involves the acquisition of a secondhand precious metal object when the transaction is made.

(2) Each dealer shall retain the original copy of the written record required to be made under paragraph (1) of this subsection at the dealer’s place of business.

(b) Each pawnbroker shall make a written record, on a form provided by the Secretary, of each business transaction that involves:

(1) lending money on pledge of personal property, other than a security or printed evidence of indebtedness;

(2) buying personal property on condition of selling it back at a stipulated price; or

(3) buying the following items for the purpose of resale:

(i) binoculars;

(ii) cameras;

(iii) firearms;

(iv) furs;

(v) household appliances;

(vi) musical instruments;

(vii) office machines or equipment;

(viii) radios, televisions, videodisc machines, videocassette recorders, and stereo equipment;

(ix) personal computers, tapes, and disc recorders;

(x) watches;

(xi) bicycles; and

(xii) tangible personal property pledged as collateral.

(c) Each pawnbroker shall make a written record, on a form provided by the Secretary, of each transaction that involves the acquisition of an item described in subsection (b)(3) of this section for the purpose of resale.

(d) (1) A separate record entry shall be made for each item involved in a transaction.

(2) Items in a matching set may be recorded as a set if acquired in a single transaction.

(e) During the holding period required under § 12–305 of this subtitle, a dealer may place all of the items acquired in a single transaction in a secure container that has been approved by the primary law enforcement unit, if:

(1) each item in the transaction has a separate record entry in the written record required under this section; and

(2) the secure container is tagged by the dealer with the number that corresponds to the transaction under which the items were acquired and the written record listing the items obtained in the transaction.

(f) (1) When a dealer places items into the dealer’s inventory, the dealer shall tag each item individually with a number that corresponds to the transaction under which it was acquired. However, items acquired in a matching set may be tagged as a set.

(2) Each item tagged by a dealer under paragraph (1) of this subsection shall remain tagged for the entire period the item is stored in the dealer’s inventory.

(g) For the purposes of this subtitle, there is a presumption that an object is a precious metal object if:

(1) it reasonably appears to be a precious metal object; and

(2) it was received by a dealer in the course of business or is found in the place of business or storage facility of a dealer.
Md. Code, State Personnel and Pensions § 12-109 — MD Code / Article gsp / Title 12 / Subtitle 1 / Section 12-109
§12–109.
Status: in_force

Each party to a grievance shall make every effort to resolve the grievance at the lowest level possible.
Md. Code, Health Occupations § 12-6D-14 — MD Code / Article gho / Title 12 / Subtitle 6D / Section 12-6D-14
§12–6D–14.
Status: in_force

Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice as a registered pharmacy intern in the State unless registered with the Board.
Md. Code, Corporations and Associations § 12-603 — MD Code / Article gca / Title 12 / Subtitle 6 / Section 12-603
§12–603.
Status: in_force

(a) In or in connection with a merger or consolidation, beneficial interests or other rights or securities of, or interests in, a statutory trust, other business entity, or foreign business entity which is a party to the merger or consolidation may be exchanged for or converted into cash, property, rights, or securities of, or interests in, the successor or any other business entity or foreign business entity, whether or not a party to the transaction.

(b) Notwithstanding approval by the trustees or beneficial owners, an agreement of merger or consolidation may be terminated or amended at any time prior to the effective time of the merger or consolidation:

(1) By agreement of the parties to the merger or consolidation; or

(2) Under a provision for the termination or amendment of the merger or consolidation contained in the agreement of merger or consolidation.
Md. Code, Financial Institutions § 12-910 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-910
§12–910.
Status: in_force

(a) After an applicant for a license files a complete application, files a surety bond, and pays the license and investigation fees required under this subtitle, the Commissioner shall investigate the facts relevant to the application to determine if the applicant meets the requirements of this subtitle.

(b) Unless the Commissioner notifies an applicant that a different time period is necessary, the Commissioner shall approve or deny each application for a license within 60 days after the date on which the complete application is filed, the surety bond is filed, and the fees are paid.

(c) The Commissioner shall issue a license to any applicant that meets the requirements of this subtitle.

(d) (1) If an applicant does not meet the requirements of this subtitle, the Commissioner:

(i) Subject to the hearing provisions of § 12–927 of this subtitle, shall deny the application;

(ii) Shall notify the applicant immediately of the denial;

(iii) Shall refund the license fee; and

(iv) Shall keep the investigation fee.

(2) (i) Within 30 days after the Commissioner denies an application, the Commissioner shall send a written notice to the applicant stating the reasons for the denial.

(ii) The notice shall be sent by United States mail, e–mail, or any means provided through NMLS to the address listed in the application.
Md. Code, Public Safety § 12-615 — MD Code / Article gps / Title 12 / Subtitle 6 / Section 12-615
§12–615.
Status: in_force

(a) This section applies in Charles County and St. Mary’s County.

(b) In a county subject to this section, a homeowner may install electrical wiring in a home that is to be used as the homeowner’s residence subject to standards set by the county commissioners.

(c) (1) The county commissioners of Charles County may adopt regulations to govern the issuance of permits to homeowners under this section.

(2) The county commissioners of St. Mary’s County shall adopt regulations to govern the issuance of permits to homeowners under this section.
Md. Code, Criminal Procedure § 12-502 — MD Code / Article gcp / Title 12 / Subtitle 5 / Section 12-502
§12–502.
Status: in_force

(a) Except as provided in subsection (b) of this section, the law governing the sale of collateral securing an obligation in default governs a lienholder’s repossession and sale of property that has been seized under this title.

(b) A lienholder may not be required to take possession of the property before the sale of the property.
Md. Code, Commercial Law § 12-907 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-907
§12–907.
Status: in_force

(a) If credit under a revolving credit plan is offered and extended by a credit grantor which is a depository institution in connection with a demand deposit account or other transaction account maintained by the borrower with the credit grantor under an agreement or arrangement where the credit grantor agrees to honor checks, drafts, or other debits to the account by making extensions of credit to the borrower under a revolving credit plan, any charges customarily imposed by the credit grantor under the terms governing the account in the absence of any associated revolving credit plan may continue to be imposed on the account without specific reference or incorporation in the agreement governing the revolving credit plan.

(b) The account charges referred to in subsection (a) of this section include:

(1) Check charges;

(2) Monthly maintenance charges;

(3) Checkbook charges;

(4) Charges for checks drawn in excess of an available line of credit; or

(5) Any similar charges.

(c) The amount of any charge imposed on the account may be charged to the account under the plan as a loan and may be included in the outstanding unpaid indebtedness under the terms of the agreement governing the revolving credit plan, to the extent the balance in the demand deposit or other transaction account is insufficient to pay the charge.
Md. Code, Public Safety § 12-830 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-830
§12–830.
Status: in_force

(a) Subject to the limitations of this section, the Board may waive the examination requirements of Part III of this subtitle for an individual who is licensed to perform elevator installation, alteration, repair, or service work in another state or a subdivision of another state.

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

(1) pays to the Board the appropriate application fee required by Part III of this subtitle; and

(2) provides adequate evidence that the applicant:

(i) meets the qualifications otherwise required by Part III of this subtitle;

(ii) holds an active license in good standing in the other state or subdivision that is equivalent to a license in this State; and

(iii) became licensed in the other state or subdivision after passing an examination that is similar to the examination for which the applicant is seeking the waiver.

(c) The Board may grant a waiver only if the state or subdivision in which the applicant is licensed waives the examination of licensees of this State to a similar extent as this State waives the examination requirements for individuals licensed in that state or subdivision.
Md. Code, Education § 12-111 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-111
§12–111.
Status: in_force

(a) Except as otherwise provided by law, appointments of the University System of Maryland are not subject to or controlled by the provisions of the State Personnel and Pensions Article that govern the State Personnel Management System.

(b) In accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Regents shall establish general policies and guidelines governing the appointment, compensation, advancement, tenure, and termination of all regular full–time and part–time personnel.

(c) The policies established under subsection (b) of this section shall include consideration of hiring a contractual employee to fill a vacant position in the same or similar classification in which the contractual employee is employed.
Md. Code, Transportation § 12-108 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-108
§12–108.
Status: in_force

(a) In any matter subject to its jurisdiction, the Administration may subpoena any person or documents and take the testimony of any person, in the same manner and with the same fees and mileage as provided for by law in civil cases.

(b) If any person fails to comply with a lawful order or subpoena issued by the Administration, the Administration may petition a court of competent jurisdiction to compel obedience to the subpoena or order and to compel the production of relevant documents and other evidence.

(c) (1) If the Administration concludes that continuing conduct of a person alleged to be in violation of Title 15 of this article may result in substantial harm to any other person, the Administration may sue for injunctive relief against the conduct.

(2) If the Administration sues for injunctive relief under this subsection against a person who is alleged to have engaged in conduct that requires a license under Title 15 of this article, but who does not have a license, the Administration need not:

(i) Post bond; or

(ii) Show that no adequate remedy at law exists.

(3) A suit under this subsection shall be brought in the circuit court for the county where:

(i) The alleged violation occurs; or

(ii) The principal place of business of the alleged violator is located.
Md. Code, Alcoholic Beverages and Cannabis § 12-1708 — MD Code / Article gab / Title 12 / Subtitle 17 / Section 12-1708
§12–1708.
Status: reserved

(a) A Class A (off–sale) or Class D (on– and off–sale) license may not be transferred into the area that is bounded:

(1) on the north by Thirty–Ninth (39th) Street, then following Ellerslie Avenue, then following Chestnut Hill Avenue;

(2) on the east by Loch Raven Boulevard, then following Walpert Avenue, then following Homewood Avenue;

(3) on the south by North Avenue; and

(4) on the west by Howard Street, then following Art Museum Drive, then following North Charles Street.

(b) A Class A license may not be transferred to an establishment:

(1) on York Road in the area bounded by Northern Parkway on the north and Greenmount Avenue on the south; or

(2) located in the 400 block of East Belvedere Avenue.
Md. Code, Business Occupations and Professions § 12-501 — MD Code / Article gbo / Title 12 / Subtitle 5 / Section 12-501
§12–501.
Status: in_force

(a) A master plumber or holder of a limited master plumber license may not contract to provide plumbing services on behalf of the master plumber, holder of a limited master plumber license, or another person who engages in the business of providing plumbing services unless the plumbing work of the master plumber or holder of a limited master plumber license is covered by liability insurance, including completed operations:

(1) for bodily injury in the amount of at least $300,000; and

(2) for property damage in the amount of at least $100,000.

(b) (1) The insurance required under this section may be bought:

(i) by a master plumber or holder of a limited master plumber license; or

(ii) for a master plumber or holder of a limited master plumber license, by the person who engages in the business of providing plumbing services and employs the master plumber or holder of a limited master plumber license.

(2) The insurance requirement of this section is not met for work that a master plumber or holder of a limited master plumber license does outside the scope of employment for the person who carries the insurance.

(c) An apprentice plumber, journey plumber, or holder of a limited journey plumber license need not obtain separate insurance while providing or assisting in providing plumbing services within the scope of the license.

(d) (1) An applicant for a master plumber license or limited master plumber license shall submit proof of the insurance required under this section to the Board with the license application.

(2) The Board may not issue a master plumber license or limited master plumber license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.

(e) Unless an applicant meets the insurance requirements of this section, the Board may not renew the master plumber license or limited master plumber license of the applicant to whom the insurance requirements of this section would apply.

(f) A master plumber or holder of a limited master plumber license shall give the Board notice of the cancellation of insurance at least 10 days before the effective date of the cancellation.

(g) If a county, municipal corporation, special taxing district, or other political subdivision requires a master plumber, holder of a limited master plumber license, or other person who engages in the business of providing plumbing services to execute a surety bond under local plumbing requirements, the person may satisfy the bond requirement by submitting proof of the insurance required under this section.

(h) The Board shall specify on the master plumber license or limited master plumber license whether the master plumber or holder of the limited master plumber license meets the insurance requirements of this section.
Md. Code, Economic Development § 12-814 — MD Code / Article gec / Title 12 / Subtitle 8 / Section 12-814
§12–814.
Status: reserved

(a) The net earnings of the Authority, apart from those necessary to pay debt service or to implement the purposes of this subtitle, may not inure to the benefit of any person other than the county.

(b) On termination of the Authority, all rights and title to all assets of the Authority shall vest in, and all obligations and liabilities of the Authority may be transferred to and assumed by, the county.
Md. Code, Public Safety § 12-808 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-808
§12–808.
Status: in_force

(a) Except as otherwise provided in this section, each elevator unit owned or to be operated shall be registered with the Commissioner at least 60 days before its planned completion and before it is placed in service.

(b) (1) The owner or lessee of each elevator unit shall register it on the form provided by the Commissioner.

(2) For each elevator unit registered, the owner or lessee shall provide:

(i) its type;

(ii) its rating load and speed;

(iii) the name of its manufacturer;

(iv) its location;

(v) the purpose for which it is used; and

(vi) any other information the Commissioner requires.

(3) The Commissioner:

(i) may not disclose to the public any information regarding a registered elevator unit installed in a privately owned single–family residential dwelling; and

(ii) shall delete the registration of an elevator unit that is installed in a privately owned single–family residential dwelling on completion of the final acceptance inspection under § 12–810 of this subtitle.

(c) Under emergency circumstances, an owner or lessee may register an elevator unit with the Commissioner with less than 60 days’ notice in accordance with regulations adopted under Part II of this subtitle.

(d) (1) This subsection does not apply to an elevator unit that is installed in a privately owned single–family residential dwelling.

(2) After an elevator unit is placed in service and a certificate issued pursuant to § 12–811(a) of this subtitle, the owner or lessee shall reregister the elevator unit with the Commissioner 30 days prior to the expiration of the certificate.
Md. Code, Health Occupations § 12-503 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-503
§12–503.
Status: in_force

(a) An authorized prescriber who issues a prescription shall indicate on the prescription the date of its issuance.

(b) Unless otherwise instructed by the authorized prescriber who issues the prescription, a pharmacist may not dispense any drug or device on a prescription presented more than 120 days after the date the prescription was issued.
Md. Code, Business Occupations and Professions § 12-103 — MD Code / Article gbo / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

(a) Except as expressly provided in §§ 12–305, 12–307, and 12–503(b) of this title, this title does not apply to Baltimore County.

(b) Except as expressly provided in §§ 12–305, 12–307, and 12–503(b) of this title, this title does not apply to areas of Montgomery and Prince George’s counties that are under the jurisdiction of the Washington Suburban Sanitary Commission.
Md. Code, Public Safety § 12-1203 — MD Code / Article gps / Title 12 / Subtitle 12 / Section 12-1203
§12–1203.
Status: in_force

(a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the Department shall adopt by regulation, as the Maryland Swimming Pool and Spa Standards, the International Swimming Pool and Spa Code, with the modifications incorporated by the Department in accordance with subsection (b) of this section.

(ii) The Department shall adopt, as part of the Standards, the provisions of the International Swimming Pool and Spa Code relating to the requirements for additions, alterations, and repairs without modification.

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

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

(1) review the International Swimming Pool and Spa Code to determine whether modifications should be incorporated in the Standards;

(2) consider changes to the International Swimming Pool and Spa Code to enhance energy conservation and efficiency;

(3) subject to the provisions of item (2) of this subsection, adopt modifications to the Standards that allow any innovative approach, design, equipment, or method of construction, including additions, alterations, or repairs, that can be demonstrated to offer additional energy efficiency;

(4) consult with the Maryland Department of Health on the effect of the proposed changes on health and safety;

(5) accept written comments;

(6) consider any comments received; and

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

(c) The Standards apply to each swimming pool or spa in the State for which an application for a permit is received by a local jurisdiction on or after December 31, 2023.
Md. Code, Commercial Law § 12-402.1 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-402.1
§12–402.
Status: in_force

§12–402.1.

(a) (1) On or after January 1, 2019, a lender may, at the lender’s option, elect to make a loan to any borrower either under this subtitle or as otherwise authorized by applicable law.

(2) In order to make a loan under this subtitle, a lender shall make a written election in the agreement, note, or other evidence of the loan specifying that this subtitle will govern the loan.

(b) (1) If a lender elects to make a loan under this subtitle in accordance with this section, Subtitles 1, 3, 9, and 10 of this title do not apply to the loan.

(2) If a lender who makes or contracts to make a loan does not make a written election under this subtitle or Subtitle 1, Subtitle 3, Subtitle 9, or Subtitle 10 of this title:

(i) Subtitle 1 of this title will apply to the loan if the loan is:

1. For an amount over $25,000; or

2. A. For an amount of $25,000 or less; and

B. Not subject to Subtitle 3 of this title; or

(ii) Subtitle 3 of this title will apply to the loan if the loan is:

1. For an amount of $25,000 or less; and

2. Subject to Subtitle 3 of this title.
Md. Code, Public Safety § 12-604 — MD Code / Article gps / Title 12 / Subtitle 6 / Section 12-604
§12–604.
Status: in_force

(a) The State Fire Marshal shall administer and enforce this subtitle.

(b) The State Fire Marshal may:

(1) adopt regulations necessary to carry out this subtitle; and

(2) use any member of the Office of the State Fire Marshal, as necessary, to carry out and enforce this subtitle.
Md. Code, Economic Development § 12-202 — MD Code / Article gec / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

(a) (1) This subtitle is self-executing.

(2) A political subdivision need not amend its charter to exercise the powers granted by this subtitle.

(b) This subtitle does not apply in Baltimore City.
Md. Code, Health Occupations § 12-310 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-310
§12–310.
Status: reserved

(a) The Board shall reinstate the license of a pharmacist whose license has been expired for less than 2 years, if the pharmacist:

(1) Meets the renewal and reinstatement requirements set by rule and regulation of the Board; and

(2) Pays to the Board the reinstatement fee set by the Board.

(b) The Board shall reinstate the license of a pharmacist whose license has been expired for 2 years or more if the pharmacist:

(1) Meets the reinstatement requirements established by the Board in its rules or regulations; and

(2) Satisfies the requirements of subsection (a) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 12-604 — MD Code / Article gab / Title 12 / Subtitle 6 / Section 12-604
§12–604.
Status: in_force

(a) There is a Class D beer license.

(b) The license may be issued to a holder of a Class 5 brewery license.

(c) The license authorizes the license holder to sell at retail beer brewed on the brewery premises for on–premises consumption.

(d) The Board shall establish the hours and days of sale under the license.

(e) The annual license fee is $300.
Md. Code, Public Safety § 12-502 — MD Code / Article gps / Title 12 / Subtitle 5 / Section 12-502
§12–502.
Status: in_force

(a) This subtitle does not alter or abrogate the authority of:

(1) the State Board of Plumbing to adopt and enforce the State Plumbing Code under the Maryland Plumbing Act, Title 12 of the Business Occupations and Professions Article;

(2) the State Board of Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors to adopt and enforce the State Heating, Ventilation, Air–Conditioning, and Refrigeration Code under the Maryland Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors Act, Title 9A of the Business Regulation Article;

(3) the Commissioner of Labor and Industry to adopt and enforce standards for elevator safety under Subtitle 8 of this title;

(4) the State Fire Prevention Commission to enforce the Electrical Code under Subtitle 6 of this title; or

(5) the Public Service Commission to enforce the Energy Code defined under the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article.

(b) This subtitle does not alter or abrogate any zoning power or related authority that a county or municipal corporation had on October 1, 1993.

(c) This subtitle does not allow or encourage the State to initiate or assume an independent role in the administration and enforcement of the Standards for a building or structure that is not owned or operated by the State.
Md. Code, Health Occupations § 12-6B-09 — MD Code / Article gho / Title 12 / Subtitle 6B / Section 12-6B-09
§12–6B–09.
Status: in_force

Subject to the hearing provision of § 12–315 of this title, the Board may deny a pharmacy technician’s registration to any applicant, reprimand a registered pharmacy technician, place any pharmacy technician’s registration on probation, or suspend or revoke a pharmacy technician’s registration if the applicant or pharmacy technician registrant:

(1) Performs an act that is restricted to a licensed pharmacist;

(2) Fraudulently or deceptively obtains or attempts to obtain a pharmacy technician’s registration for the applicant or assists or attempts to assist another in fraudulently or deceptively obtaining a pharmacy technician’s registration;

(3) Fraudulently uses a pharmacy technician’s registration;

(4) Knowingly aids an unauthorized individual to practice pharmacy or to represent that the individual is a licensed pharmacist or registered pharmacy technician;

(5) Performs delegated pharmacy acts while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

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

(7) Willfully makes or files a false report or record as part of the registered pharmacy technician’s duties or employment;

(8) Willfully fails to file or record any report that is required by law;

(9) Willfully impedes or obstructs the filing or recording of any report that is required by law;

(10) Willfully induces another to fail to file or record any report that is required by law;

(11) Provides or causes to be provided to any authorized prescriber prescription forms that bear the name, address, or other means of identification of a pharmacist or pharmacy;

(12) Provides remuneration to an authorized prescriber for referring an individual to a licensed pharmacist, registered pharmacy technician, or pharmacy for a product or service to be provided by that licensed pharmacist, registered pharmacy technician, or pharmacy;

(13) Agrees with an authorized prescriber or pharmacist to prepare or dispense a secret formula prescription;

(14) Except as to an association that has remained in continuous existence since July 1, 1963, associates as a partner, co–owner, or employee of a pharmacy that is owned wholly or substantially by an authorized prescriber or group of authorized prescribers;

(15) Knowingly aids a pharmacist in dispensing any drug, device, or diagnostic for which a prescription is required without a written, oral, or electronically transmitted prescription from an authorized prescriber;

(16) Unless an authorized prescriber authorizes the refill, refills a prescription for any drug, device, or diagnostic for which a prescription is required;

(17) Violates any labeling requirements in this title;

(18) Violates any provision of § 12–603 of this title, which concerns the home dialysis distribution program;

(19) Advertises or otherwise publicly claims to dispense prescriptions in a superior manner;

(20) Advertises in a manner that tends to deceive or defraud the public;

(21) Is physically or mentally incompetent;

(22) Pleaded guilty or nolo contendere to, or has been found guilty of, a felony or a crime involving moral turpitude, regardless of whether:

(i) An adjudication of guilt or sentencing or imposition of sentence is withheld; or

(ii) Any appeal or other proceeding is pending regarding the matter;

(23) Violates any provision of this title;

(24) Is disciplined by a licensing, registering, or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

(25) Violates any regulation adopted by the Board;

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

(27) Participates in any activity that is grounds for Board action under § 12–313 or § 12–409 of this title;

(28) Provides or causes to be provided confidential patient information to any person without first having obtained the patient’s consent, as required by § 12–403(c)(13) of this title and by Title 4, Subtitle 3 of the Health – General Article;

(29) Fails to cooperate with a lawful investigation conducted by the Board or the Office of Controlled Substances Administration;

(30) Performs delegated pharmacy acts in an incompetent manner; or

(31) Performs delegated pharmacy acts that are inappropriate based on the registered pharmacy technician’s education, training, and experience.
Md. Code, Business Regulation § 12-204 — MD Code / Article gbr / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) Applicants for licenses under § 12–201 of this subtitle and individuals whose names must be submitted to the Secretary under § 12–203 of this subtitle shall apply to the Central Repository for a national and State criminal history records check on a form approved by the Director of the Central Repository.

(c) The Central Repository shall provide to the Secretary:

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

(2) an update of the initial criminal history records check for an individual requiring a criminal history records check and issue a revised printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge occurring in the State after the date of the initial criminal history records check; and

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

(d) An individual requiring a criminal history records check shall submit a complete set of legible fingerprints taken at any designated State or local law enforcement office in the State or other agency or location approved by the Secretary of the Department of Public Safety and Correctional Services to the Central Repository.

(e) An individual requiring a criminal history records check under subsection (b) of this section shall pay:

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

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

(f) A dealer or an applicant may pay for the costs borne by the employee or other individual requiring a criminal history records check under subsection (b) of this section.

(g) (1) Information obtained by the Secretary from the Central Repository under this title shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check.

(2) Nothing in paragraph (1) of this subsection shall preclude the Secretary from notifying a dealer or an applicant of the approval or disqualification of the employee for employment based on information obtained by the Secretary under this section.

(h) The Secretary shall verify periodically the continued employment or licensure of individuals requiring criminal history records checks in accordance with regulations adopted by the Secretary of the Department of Public Safety and Correctional Services.
Md. Code, Health Occupations § 12-605 — MD Code / Article gho / Title 12 / Subtitle 6 / Section 12-605
§12–605.
Status: in_force

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

(2) “Health care facility” means a related institution as defined in § 19–301 of the Health – General Article.

(3) “Remote automated medication system” means an automated mechanical system that is located in a health care facility that does not have an on–site pharmacy and in which medication is stored in a manner that may be patient–specific.

(4) “Starter dose” means a dose of medication removed from a remote automated medication system within the first 24 hours after it is ordered.

(b) (1) A pharmacist shall be responsible for the safe and efficient dispensing, repackaging, delivery, control, bar coding, transaction records, dispensation records, labeling, and accountability for all medications in a remote automated medication system located in a health care facility that does not have a pharmacy present on–site.

(2) If a pharmacist is not physically present where the remote automated medication system is located in a health care facility, the pharmacist shall have access to the system by electronic and visual means in order to ensure the safe and efficient dispensing, repackaging, delivery, control, bar coding, transaction records, dispensation records, labeling, and accountability for all medications in the system.

(c) If a health care facility uses a remote automated medication system, a pharmacist shall review for accuracy, completeness, and appropriateness all medication orders after being entered into the system.

(d) (1) If a remote automated medication system, the pharmacy permit holder that manages the system, and the health care facility where the system is located meet the requirements of this subsection:

(i) A health care facility that uses a system does not need to have a pharmacist physically present to review the selection, packaging, or repackaging of medications by the system;

(ii) If the starter dose is reviewed by a pharmacist within 24 hours of delivery from a system, a system may deliver a starter dose or a dose in response to an emergency without prior review by a pharmacist; and

(iii) A system may allow simultaneous access to multiple drug strengths, dosage forms, or drug entities if contained within a patient–specific package.

(2) A remote automated medication system shall at least:

(i) Use bar code technology to ensure accuracy in loading and selection of medications in the system;

(ii) Have electronic reporting capability regarding the identity of all persons with access to the system and regarding all medications removed from the system; and

(iii) Before administration of a medication to a patient by an individual authorized to administer medication under this article, provide:

1. A picture of the medication if available; or

2. If a picture is not available, a written report that describes the medication.

(3) The health care facility where the system is located shall have at least:

(i) A pharmacist available for consultation 24 hours per day;

(ii) Technical assistance regarding operation of the system available 24 hours per day; and

(iii) A quality assurance program as described under subsection (e) of this section.

(4) The pharmacy permit holder that manages a remote automated medication system shall provide a comprehensive training program to all persons with access to the system.

(e) (1) A pharmacist that operates a remote automated medication system, in consultation with the health care facility where the system is located, shall develop and implement a quality assurance program in accordance with regulations adopted by the Board.

(2) The quality assurance program developed under this subsection shall include:

(i) Policies and procedures at both the pharmacy where the system receives an order and the health care facility where the system administers the medication regarding operation of the system;

(ii) Daily inspection of the integrity of the system;

(iii) A plan for addressing medication errors;

(iv) A plan for reviewing incidents regarding inappropriate use and access to the system;

(v) Proper labeling procedures that comply with applicable State and federal laws;

(vi) Policies and procedures for the safe handling and return of unused medications; and

(vii) Any other requirements determined by the Board and set forth in regulations.

(f) (1) A pharmacist that operates a remote automated medication system shall limit access to the system to individuals authorized to access the system by requiring individual security codes for all functions.

(2) A record shall be kept of each transaction containing user identification information.

(g) (1) A pharmacist who operates a remote automated medication system shall maintain maintenance logs and repair records for the system.

(2) In a power outage or otherwise unforeseen situation, a pharmacist shall ensure that:

(i) A back–up power source for the system is available by a connection with the health care facility’s generator; and

(ii) Only a registered nurse or a licensed practical nurse has access to the medications contained within the system.
Md. Code, Commercial Law § 12-1502 — MD Code / Article gcl / Title 12 / Subtitle 15 / Section 12-1502
§12–1502.
Status: in_force

(a) A person may not engage in the business of providing earned wage access unless the person is licensed under or is exempt from the licensing requirements of Title 11, Subtitle 2 of the Financial Institutions Article.

(b) Failure to obtain a consumer loan license shall subject a provider to the enforcement provisions of Title 11, Subtitle 2 of the Financial Institutions Article.

(c) An earned wage access provider licensed under Title 11, Subtitle 2 of the Financial Institutions Article and subject to this subtitle is exempt from other provisions of State law governing lending, credit, or debt, including the provisions of Subtitle 1, Subtitle 3, Subtitle 9, and Subtitle 10 of this title.

(d) Earned wage access services provided in accordance with this subtitle may not be considered:

(1) A money transmission; or

(2) A violation of or noncompliance with State laws governing deductions from payroll, salary, wages, compensation, or other income or the purchase, sale, assignment, or order for unpaid but earned wages.
Md. Code, Commercial Law § 12-704 — MD Code / Article gcl / Title 12 / Subtitle 7 / Section 12-704
§12–704.
Status: in_force

With respect to any aspect of a credit transaction:

(1) A creditor may not discriminate against any applicant on the basis of sex, sexual orientation, gender identity, disability, marital status, race, color, religion, national origin, or age;

(2) A creditor that complies with the applicable provisions of the federal Equal Credit Opportunity Act, or regulations adopted under the federal Equal Credit Opportunity Act, is in compliance with the requirements of this subtitle; and

(3) Any violation of the federal Equal Credit Opportunity Act, or any regulation adopted under the federal Equal Credit Opportunity Act, is a violation of the provisions of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 12-2403 — MD Code / Article gab / Title 12 / Subtitle 24 / Section 12-2403
§12–2403.
Status: in_force

In addition to the other powers of the circuit court for the City provided in Title 4, Subtitle 9 of this article, the court may remand the proceedings to the Board.
Md. Code, Commercial Law § 12-110 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-110
§12–110.
Status: in_force

An assignment of wages is void if given as security for the payment or fulfillment of a usurious contract or the payment of the principal or interest on a usurious loan.
Md. Code, Business Regulation § 12-601 — MD Code / Article gbr / Title 12 / Subtitle 6 / Section 12-601
§12–601.
Status: in_force

This title is the Maryland Secondhand Precious Metal Object Dealers and Pawnbrokers Act.
Md. Code, Real Property § 12-108 — MD Code / Article grp / Title 12 / Subtitle 1 / Section 12-108
§12–108.
Status: in_force

(a) On payment of the judgment and costs by the plaintiff pursuant to the provisions of Title 12, Chapter 200 of the Maryland Rules, the plaintiff immediately shall become vested with the title, estate, or interest of the defendant in the condemned property.

(b) The title acquired in a condemnation 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 condemned unless a different title is specified in the inquisition.
Md. Code, Commercial Law § 12-514 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-514
§12–514.
Status: in_force

(a) If a complaint for violation of any provision of this subtitle is filed with the Commissioner of Financial Regulation, he may investigate the complaint and hold a hearing on it in accordance with § 11-413 of the Financial Institutions Article.

(b) The Commissioner shall give to the person complained against at least 10 days’ written notice of the complaint and the time and place of any hearing. The notice shall be in writing and sent by registered or certified mail to his principal place of business.

(c) (1) If, after the hearing, the Commissioner finds that the person has engaged or is engaging in any act or practice prohibited by this subtitle, he shall order the person to cease and desist from the act or practice.

(2) The order of the Commissioner shall comply with the Administrative Procedure Act.

(d) (1) If no appeal is filed, the order becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner’s orders.

(2) If an appeal is filed, the order becomes final after final decision of the court affirming the order or dismissing the appeal.

(e) For purposes of this section, the Commissioner’s order may not apply to any:

(1) Incorporated bank, savings institution, or trust company; or

(2) A savings and loan association.
Md. Code, Local Government § 12-901 — MD Code / Article glg / Title 12 / Subtitle 9 / Section 12-901
§12–901.
Status: in_force

(a) This section applies to all counties except:

(1) Anne Arundel County;

(2) Baltimore City;

(3) Baltimore County;

(4) Cecil County;

(5) Howard County;

(6) Prince George’s County; and

(7) Queen Anne’s County.

(b) (1) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this subsection.

(2) The governing body of a county may provide, maintain, and operate community, social, and recreational services that promote the health and welfare of county residents.

(c) The County Commissioners of Worcester County may provide, maintain, and operate community, social, and recreational services and projects that promote the health, welfare, and economic development of county residents.
Md. Code, Housing and Community Development § 12-302 — MD Code / Article ghs / Title 12 / Subtitle 3 / Section 12-302
§12–302.
Status: in_force

(a) The chief elected official shall appoint the required number of commissioners of the authority.

(b) (1) A certificate of the appointment of a commissioner of an authority shall be filed with the custodian of records.

(2) The certificate is conclusive evidence of the appointment.
Md. Code, Commercial Law § 12-1505 — MD Code / Article gcl / Title 12 / Subtitle 15 / Section 12-1505
§12–1505.
Status: in_force

A provider of earned wage access may charge a fee for delivery or expedited delivery of earned wage access to a consumer not exceeding:

(1) $5.00 for any advance of proceeds equal to or less than $75.00; or

(2) $7.50 for any advance of proceeds greater than $75.00.
Md. Code, Housing and Community Development § 12-102 — MD Code / Article ghs / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

The General Assembly finds that:

(1) there is unsanitary or unsafe housing in which individuals of low and moderate income are forced to live;

(2) there is a shortage of safe or sanitary housing that is available at rents that individuals of low and moderate income can afford, forcing these individuals to live in overcrowded housing;

(3) there are many families living in housing that, while decent and safe, is inadequate for the size of the family;

(4) the conditions:

(i) cause disease and crime to increase and spread, threaten the public health, safety, morals, and welfare, and impair economic values; and

(ii) cause too much public money to be spent for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities;

(5) construction of housing projects for individuals of low and moderate income does not compete with private enterprise because:

(i) there are economically depressed or physically deteriorated areas that cannot be assisted through the private housing market; and

(ii) the private housing market cannot relieve the shortage of safe and sanitary housing for individuals of low and moderate income;

(6) clearing, replanning, and reconstructing areas in which unsanitary or unsafe housing exists and providing safe and sanitary housing for persons of low and moderate income are public purposes and essential governmental functions for which public money may be spent and private property acquired;

(7) it is the policy of the State to develop safe, sanitary, and decent housing for State residents;

(8) there is a need for available mortgage credit because many purchasers and owners of housing cannot afford mortgage credit at the market interest rate or get mortgage credit because the mortgage credit market is severely restricted; and

(9) this Division II is needed in the public interest.
Md. Code, Tax - General § 12-204 — MD Code / Article gtg / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) The Comptroller shall adopt regulations that:

(1) require an out–of–state seller to maintain records of the cost of premium cigars and pipe tobacco acquired for sale into the State; and

(2) specify the period for which an out–of–state seller must maintain the records required under item (1) of this subsection.

(b) An out–of–state seller shall allow the Comptroller or the Executive Director to examine the records maintained in accordance with subsection (a) of this section.
Md. Code, Insurance § 12-202 — MD Code / Article gin / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

(a) (1) This subsection does not apply to a contract of group life insurance or group or blanket health insurance.

(2) Except as provided in subsection (b) of this section, a life insurance or health insurance contract may not be made or put into effect unless at the time of making the contract the individual to be insured:

(i) is of competent legal capacity to contract; and

(ii) applies for or consents in writing to the contract.

(b) (1) A spouse may put into effect life insurance or health insurance on the other spouse.

(2) A person with an insurable interest in the life of a minor, or a person on whom the minor is dependent for support and maintenance, may put into effect life insurance on or insurance relating to the minor.

(3) A family policy that insures two or more family members may be issued on an application signed by a parent, stepparent, husband, or wife.

(4) A person with an insurable interest in the life of a person who lacks the legal capacity to consent to life insurance may, on written application, put into effect life insurance on that person.

(c) (1) If an agreement in an application for a life insurance or health insurance contract authorizes the insurer to issue a policy other than that applied for or to amend the application, the agreement must contain substantially the following language: “Except that no change in amount, classification, plan of insurance, or benefits may take effect unless agreed to in writing by the applicant”.

(2) Ratification of an amendment under paragraph (1) of this subsection is made by the applicant’s acceptance of the amended contract.
Md. Code, Economic Development § 12-612 — MD Code / Article gec / Title 12 / Subtitle 6 / Section 12-612
§12–612.
Status: in_force

(a) The governing body of the county or a municipal corporation in the county in which a district is established under this subtitle shall:

(1) review the effectiveness and desirability of continuing the district every 3 years from the time the district is authorized by local law under § 12–604 of this subtitle; and

(2) develop policies and procedures for evaluating the desirability of continuing the district if requested by members of the district.

(b) If the continuing existence of the district is not approved by the governing body:

(1) the district shall cease to exist as directed by the governing body; and

(2) the district corporation shall continue its existence only as long as necessary to terminate operation in a reasonable manner.
Md. Code, Health Occupations § 12-6B-03 — MD Code / Article gho / Title 12 / Subtitle 6B / Section 12-6B-03
§12–6B–03.
Status: in_force

(a) An applicant for registration shall:

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

(2) Unless otherwise qualified under § 12-6B-02(a) or (d) of this subtitle, provide documentation of the completion of a pharmacy technician training program under § 12-6B-02(b)(5) of this subtitle;

(3) Unless otherwise qualified under § 12-6B-02(a) or (d) of this subtitle, provide documentation of having successfully completed an examination approved by the Board;

(4) Submit to a request for a State criminal history records check; and

(5) Pay the application fees set by the Board.

(b) The application shall be signed by the applicant.
Md. Code, Alcoholic Beverages and Cannabis § 12-1001.3 — MD Code / Article gab / Title 12 / Subtitle 10 / Section 12-1001.3
§12–1001.
Status: in_force

§12–1001.3.

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

(1) accommodate the public; and

(2) are equipped with five or more outlets for preparing and serving regular meals that may be consumed by patrons in a common seating area or anywhere else on the premises.

(b) There is a marketplace license in the 40th and 43rd alcoholic beverages districts.

(c) The Board may issue a marketplace license only to the person, firm, or corporation that owns or leases the marketplace.

(d) (1) The license authorizes the license holder to sell beer, wine, and liquor from one or more outlets within the marketplace by the drink or by the bottle for on–premises consumption.

(2) A license holder may obtain a refillable container permit under § 12–1102 of this title to sell draft beer for off–premises consumption.

(e) The marketplace shall have:

(1) a minimum capital investment, not including the cost of land and buildings, of $1,000,000 for marketplace facilities;

(2) a minimum seating capacity of 75 individuals;

(3) a minimum capacity of 200 individuals and a maximum capacity of 500 individuals, as determined by the City Fire Department; and

(4) average daily receipts from the sale of food that are at least 51% of the total daily receipts of the marketplace.

(f) The hours for sale and consumption of alcoholic beverages under the license are the same as the hours of operation for Class B beer, wine, and liquor license holders under § 12–2004 of this title.

(g) (1) The annual license fee is $8,580.

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

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

(ii) $200, if the license holder provides outdoor table service.
Md. Code, Alcoholic Beverages and Cannabis § 12-2204 — MD Code / Article gab / Title 12 / Subtitle 22 / Section 12-2204
§12–2204.
Status: reserved

Unless transferred to another location, a Class B (7–day) beer and wine license issued for a premises located in an area surrounded by Charles Street on the west, East Cross Street on the north, Light Street on the east, and East Cross Street on the south, in ward 23, precinct 1 of the 46th alcoholic beverages district, expires not later than July 1, 2024.
Md. Code, Economic Development § 12-206 — MD Code / Article gec / Title 12 / Subtitle 2 / Section 12-206
§12–206.
Status: in_force

(a) Bonds shall be payable from the special fund established under § 12–208 of this subtitle.

(b) The governing body of the political subdivision or the issuer may:

(1) pledge its full faith and credit or other assets and revenues to pay the bonds; and

(2) establish a sinking fund or a debt service reserve fund for the bonds.

(c) The assets and revenues pledged under subsection (b)(1) of this section may include any amount that the political subdivision may receive from the State under § 2–222 of the Tax – Property Article.
Md. Code, Commercial Law § 12-807 — MD Code / Article gcl / Title 12 / Subtitle 8 / Section 12-807
§12–807.
Status: in_force

Any mortgage broker who violates any provision of this subtitle shall forfeit to the borrower the greater of:

(1) Three times the amount of the finder’s fee collected; or

(2) The sum of $500.
Md. Code, Family Law § 12-101 — MD Code / Article gfl / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

(a) (1) Unless the court finds from the evidence that the amount of the award will produce an inequitable result, for an initial pleading that requests child support pendente lite, the court shall award child support for a period from the filing of the pleading that requests child support.

(2) Notwithstanding paragraph (1) of this subsection, unless the court finds from the evidence that the amount of the award will produce an inequitable result, for an initial pleading filed by a child support agency that requests child support, the court shall award child support for a period from the filing of the pleading that requests child support.

(3) For any other pleading that requests child support, the court may award child support for a period from the filing of the pleading that requests child support.

(b) The court shall give credit for payments that the court finds have been made during the period beginning from the filing of the pleading that requests child support.

(c) Any support order or modification of a support order that is passed on or after July 1, 1997 shall include a statement that:

(1) each party is required to notify the court and any support enforcement agency ordered to receive payments, within 10 days of any change of address or employment; and

(2) failure to comply with paragraph (1) of this subsection may result in a party not receiving notice of the initiation of a proceeding to modify or enforce a support order.

(d) (1) The court may order either parent to pay all or part of:

(i) the mother’s medical and hospital expenses for pregnancy, confinement, and recovery; and

(ii) medical support for the child, including neonatal expenses.

(2) Subject to the right of any party to subpoena a custodian of records at least 10 days before trial, any records relating to the cost of the mother’s medical and hospital expenses for pregnancy, childbirth, and recovery and any neonatal expenses of the child shall be admissible in evidence without the presence of a custodian of record and shall constitute prima facie evidence of the amount of expenses incurred.
Md. Code, Transportation § 12-412 — MD Code / Article gtr / Title 12 / Subtitle 4 / Section 12-412
§12–412.
Status: in_force

(a) Each agreement, arrangement, and declaration made under this subtitle and each amendment to an agreement, arrangement, or declaration:

(1) Shall be in writing and kept on file by the Administration; and

(2) Is not effective until approved by the Governor.

(b) The Administrator shall file a copy of each agreement, arrangement, declaration, and amendment with the Secretary of State within 30 days after its execution or its effective date, whichever is later. The Administration shall provide copies of these documents for public distribution on request.
Md. Code, Housing and Community Development § 12-506 — MD Code / Article ghs / Title 12 / Subtitle 5 / Section 12-506
§12–506.
Status: in_force

(a) Two or more authorities may join or cooperate with one another in the exercise of any power under this subtitle to finance, plan, undertake, construct, or operate a housing project or housing projects in the area of operation of any one or more of them.

(b) To aid and cooperate in the planning, undertaking, construction, or operation of housing projects located wholly or partly in the area in which it may act, a State public body, with or without consideration and on terms that it determines, may:

(1) dedicate, sell, convey, or lease any of the State public body’s property to an authority or the federal government;

(2) cause parks, playgrounds, recreational, community, water, sewer, or drainage facilities, or any other works that the State public body otherwise may undertake, to be furnished adjacent to or in connection with housing projects;

(3) furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places that the State public body otherwise may undertake;

(4) make, with an authority, the State, or the federal government, agreements that:

(i) deal with action to be taken by the State public body under a power granted by this Division II; and

(ii) may last for any length of time, notwithstanding any other law;

(5) do what is necessary or convenient to aid and cooperate in the planning, financing, undertaking, construction, or operation of the housing projects;

(6) grant easements, licenses, or any other related rights to an authority or the federal government;

(7) cause services to be furnished to the authority of the character that the State public body otherwise may furnish;

(8) make agreements about the exercise by the State public body of its powers relating to repairing, closing, or demolishing unsafe, unsanitary, or unfit housing;

(9) plan, replan, zone, or rezone any part of the State public body, make exceptions to its sanitary, building, housing, fire, health, subdivision, or other similar laws, rules, regulations, and ordinances or make any changes to its map or master plan; and

(10) agree with an authority that the authority pay the State public body an amount, if any, in lieu of taxes for any year or period of years.

(c) Powers conferred under this section on State public bodies are in addition to and do not supplant any other power conferred by law.

(d) (1) The State public body may incur the entire expense of any public improvement that the State public body makes under this section.

(2) Notwithstanding any other law, a State public body may make a sale, conveyance, lease, or agreement provided for in this section without appraisal, public notice, advertisement, or public bidding.
Md. Code, Public Safety § 12-824 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-824
§12–824.
Status: in_force

(a) The Board shall establish fees for the application, issuance, and renewal of licenses issued under Part III of this subtitle.

(b) The total amount of fees established under subsection (a) of this section may not exceed, for the 2–year term of the license:

(1) $100 per year for an elevator mechanic, elevator renovator mechanic, or accessibility lift mechanic; and

(2) $150 per year for an elevator contractor or elevator renovator contractor.

(c) Each fee for the application, issuance, and renewal of licenses collected by the Board shall be paid into the Elevator Safety Review Board Fund established under this subtitle.
Md. Code, Business Occupations and Professions § 12-702 — MD Code / Article gbo / Title 12 / Subtitle 7 / Section 12-702
§12–702.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2033.
Md. Code, Alcoholic Beverages and Cannabis § 12-208 — MD Code / Article gab / Title 12 / Subtitle 2 / Section 12-208
§12–208.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, an inspector may examine any identification used as proof of age by an individual to purchase alcoholic beverages.

(2) The examination shall be made on the premises of the licensed establishment where the purchase is attempted.

(b) An inspector may serve a summons under § 12–2603 of this title.
Md. Code, Financial Institutions § 12-207 — MD Code / Article gfi / Title 12 / Subtitle 2 / Section 12-207
§12–207.
Status: in_force

(a) Except as provided in subsection (b) of this section, a foreign banking corporation may not have an office in this State for any purpose unless:

(1) The foreign banking corporation obtains from the Commissioner a permit for the office; or

(2) The office is authorized under:

(i) The Riegle–Neal Interstate Banking and Branching Efficiency Act of 1994 or other federal law; or

(ii) Title 5, Subtitle 9 or Subtitle 10 of this article.

(b) A foreign banking corporation that maintains another license issued by the Commissioner is exempt from obtaining a permit under this section.
Md. Code, Health Occupations § 12-316 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-316
§12–316.
Status: in_force

(a) Except as provided in this section for an action under § 12–313 of this subtitle or § 12–6B–09 or § 12–6D–11 of this title, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) Any person aggrieved by a final decision of the Board under § 12–313 of this subtitle or § 12–6B–09 or § 12–6D–11 of this title may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
Md. Code, Public Safety § 12-827 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-827
§12–827.
Status: in_force

(a) An applicant for an elevator mechanic license shall:

(1) (i) have an acceptable combination of documented experience and education credits, with at least 3 years of recent and active work experience in the elevator industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and

(ii) pass a written examination administered by the Board on the Safety Code;

(2) (i) have completed at least 3 years of recent and active work experience in the elevator industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and

(ii) have a certificate of completion of the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program or its equivalent; or

(3) have a certificate of completion of an apprenticeship program for elevator mechanics that has standards substantially equivalent to those of Part III of this subtitle and is registered with the Office of Apprenticeship of the U.S. Department of Labor or a state apprenticeship council.

(b) An applicant for an elevator contractor license shall have at least 5 years of work experience in the elevator industry in construction, maintenance, service, or repair.

(c) The Board shall adopt regulations governing:

(1) the qualifications of an applicant for an elevator renovator contractor license and an applicant for an elevator renovator mechanic license; and

(2) the scope of practice of a licensed elevator renovator contractor and a licensed elevator renovator mechanic.

(d) (1) An applicant for an accessibility lift mechanic license shall:

(i) 1. have an acceptable combination of documented experience and education credits, with at least 3 years of recent and active experience in the accessibility lift industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and

2. pass a written examination administered by the Board on the Safety Code;

(ii) 1. have an acceptable combination of documented experience and education credits, with at least 3 years of recent and active experience in the accessibility lift industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and

2. have a certificate from an organization providing an education program for the accessibility industry, such as the Certified Accessibility Technician Program or an equivalent program; or

(iii) have a certificate of completion of an apprenticeship program for accessibility mechanics that has standards substantially equivalent to those of Part III of this subtitle and is registered with the Office of Apprenticeship of the U.S. Department of Labor or a state apprenticeship council.

(2) The Board may issue a conditional license under this subsection that is effective until January 1, 2017, to a candidate actively completing the educational requirements described in paragraph (1)(ii)2 of this subsection.
Md. Code, Transportation § 12-408 — MD Code / Article gtr / Title 12 / Subtitle 4 / Section 12-408
§12–408.
Status: in_force

An agreement, arrangement, or declaration made under this subtitle may contain provisions, terms, and conditions under which a leased vehicle registered by its lessor may be entitled to the exemptions, benefits, and privileges extended by the agreement, arrangement, or declaration.
Md. Code, Commercial Law § 12-414 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-414
§12–414.
Status: in_force

Any lender, his officer or employee and any other person who willfully violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year or both.
Md. Code, Alcoholic Beverages and Cannabis § 12-902 — MD Code / Article gab / Title 12 / Subtitle 9 / Section 12-902
§12–902.
Status: in_force

(a) There is a Class A–2 beer, wine, and liquor (package goods) license.

(b) (1) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license.

(2) The license holder shall deliver the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(c) (1) A Class B–D–7 beer, wine, and liquor license may not be reissued as a Class A–2 license.

(2) A Class A–2 license may not be converted or substituted for any other class of license, including a Class B–D–7 beer, wine, and liquor license.

(d) The hours and days of sale for the license are from 9 a.m. to midnight, Monday through Saturday.

(e) The annual license fee is $2,060.
Md. Code, Economic Development § 12-1001 — MD Code / Article gec / Title 12 / Subtitle 10 / Section 12-1001
§12–1001.
Status: in_force

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

(b) “Board” means the board of directors of a district corporation.

(c) “Commercial tenant” means a lessee or other lawful occupant, other than the owner, of nonexempt property within a district.

(d) “Condominium” has the meaning stated in § 11–101 of the Real Property Article.

(e) “Cooperative housing corporation” has the meaning stated in § 5–6B–01 of the Corporations and Associations Article.

(f) “District” means a business improvement district established under this subtitle.

(g) “District corporation” means a business improvement district corporation formed in accordance with this subtitle.

(h) “Formation steering committee” means the group of stakeholders responsible for leading the formation of a district and preparing the application in accordance with § 12–1008 of this subtitle.

(i) “Homeowners association” has the meaning stated in § 11B–101 of the Real Property Article.

(j) “Members of the district” means owners of nonexempt property, commercial tenants, and residents in the district.

(k) “Nonexempt property” means all real property that is not exempt from paying real property taxes except:

(1) condominium units and cooperative housing corporation units that exist on or before the date of establishment of a district;

(2) homeowners associations; or

(3) residential property with fewer than four dwelling units.

(l) “Resident” means an individual whose primary residence is within a district, including a renter or an owner of residential property, regardless of whether the individual resides on nonexempt property or exempt property.
Md. Code, Health Occupations § 12-6D-15 — MD Code / Article gho / Title 12 / Subtitle 6D / Section 12-6D-15
§12–6D–15.
Status: in_force

(a) Except as otherwise provided in this subtitle, an individual may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is registered to practice as a registered pharmacy intern unless registered in accordance with this subtitle.

(b) Except as otherwise provided in this subtitle, an individual may not use the terms “registered pharmacy intern” or “pharmacy intern” with the intent to represent that the individual is authorized to practice as a registered pharmacy intern unless registered as a pharmacy intern under this subtitle.
Md. Code, Public Safety § 12-509 — MD Code / Article gps / Title 12 / Subtitle 5 / Section 12-509
§12–509.
Status: in_force

(a) In this section, “high–performance home” means a new residential structure that meets or exceeds the current version of:

(1) the Silver rating of the International Code Council’s 700 National Green Building Standards; or

(2) the Silver rating of the U.S. Green Building Council’s LEED (Leadership in Energy and Environmental Design) for Homes Rating System.

(b) The Department shall encourage the construction of new residential structures in the State that are high–performance homes.
Md. Code, Alcoholic Beverages and Cannabis § 12-1003 — MD Code / Article gab / Title 12 / Subtitle 10 / Section 12-1003
§12–1003.
Status: in_force

(a) There is a racetrack license.

(b) (1) The Board may issue the license to the owner of a regularly licensed racing establishment or the concessionaire or catering organization at the establishment.

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

(c) The license authorizes the holder to sell beer, wine, and liquor at one or more locations in the confines of the racing park.

(d) (1) The license fee is $100 for each day that the racing park is open and operating.

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

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

(ii) $200, if the license holder provides outdoor table or cafe service.
Md. Code, Transportation § 12-411 — MD Code / Article gtr / Title 12 / Subtitle 4 / Section 12-411
§12–411.
Status: in_force

Any agreement, arrangement, or declaration made under this subtitle may authorize the Administration to suspend or cancel the benefits, privileges, or exemptions granted under it to a person who violates any of its conditions or terms or who violates the vehicle laws or regulations of this State.
Md. Code, Financial Institutions § 12-414 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-414
§12–414.
Status: in_force

(a) An authorized delegate may not make any fraudulent or false statement or misrepresentation to a licensee or to the Commissioner.

(b) All money transmission services conducted by an authorized delegate shall be conducted strictly in accordance with the licensee’s operating policies and procedures provided to the authorized delegate.

(c) An authorized delegate shall remit all funds owed to the licensee in accordance with the terms of the contract between the licensee and the authorized delegate.

(d) (1) All funds received by an authorized delegate from money transmission services, less fees, shall constitute trust funds belonging to the licensee from the time the funds are received by the authorized delegate until the time when the funds are remitted to the licensee.

(2) If an authorized delegate commingles any of the funds received with any other funds or property owned or controlled by the authorized delegate, all commingled funds and other property shall be impressed with a trust in favor of the licensee in an amount equal to the amount of the funds due the licensee.

(e) An authorized delegate shall report to the licensee the theft or loss of a payment instrument within 24 hours after the theft or loss.
Md. Code, Local Government § 12-106 — MD Code / Article glg / Title 12 / Subtitle 1 / Section 12-106
§12–106.
Status: in_force

(a) This section applies to all counties except:

(1) Anne Arundel County;

(2) Baltimore City;

(3) Baltimore County;

(4) Cecil County;

(5) Howard County;

(6) Prince George’s County;

(7) Queen Anne’s County; and

(8) Worcester County.

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

(c) (1) Except as provided in paragraph (2) of this subsection, the governing body of a county may:

(i) create, change, or abolish an office or a department; and

(ii) assign additional functions to an office or a department.

(2) The governing body of a county may not create, change, or abolish an office or a department or transfer a function of an office or department established by the Maryland Constitution, public general law, or public local law.
Md. Code, Public Utilities § 12-109 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-109
§12–109.
Status: in_force

(a) Five members of the Authority are a quorum.

(b) The Authority shall meet at least once every 3 months at the times and places it determines.

(c) A member of the Authority:

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

(2) is not entitled to reimbursement for expenses.
Md. Code, Criminal Law § 12-303 — MD Code / Article gcr / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

(a) In this section, “antique slot machine” means a slot machine that was manufactured at least 25 years before the date on which the machine is seized.

(b) A person may not be convicted under § 12-302 of this subtitle if the person shows by a preponderance of the evidence that the slot machine:

(1) is an antique slot machine; and

(2) was not operated for gambling purposes while in the person’s possession.

(c) If the defense is offered that a seized slot machine is an antique slot machine, the slot machine may not be destroyed or otherwise altered until after a final judicial determination, including review on appeal, that the defense does not apply.

(d) If the defense applies, the person who seized the slot machine shall return the slot machine in accordance with applicable provisions of law for the return of property.
Md. Code, Alcoholic Beverages and Cannabis § 12-1001 — MD Code / Article gab / Title 12 / Subtitle 10 / Section 12-1001
§12–1001.
Status: in_force

(a) In this section, “arena” means:

(1) an athletic facility;

(2) an auditorium;

(3) a banquet hall;

(4) a catering hall;

(5) a concert facility;

(6) a theater; or

(7) a stadium.

(b) There is an arena license.

(c) (1) The Board may issue the license only to:

(i) the person, firm, or corporation that owns or leases the arena; or

(ii) a concessionaire designated by the person, firm, or corporation that owns or leases the arena.

(2) At least one of the individuals who apply for and are issued the license on behalf of the person that owns or leases the arena is required to be a resident of the State.

(3) A concessionaire to whom a license is issued need not be a resident of the State.

(d) (1) Subject to paragraph (2) of this subsection, the license holder is authorized to sell beer, wine, and liquor by the drink and by the bottle within the arena, from one or more outlets, for on–premises consumption.

(2) (i) The license may not be issued in the Second or Third Ward after October 1, 1994.

(ii) A license issued before October 1, 1994, is valid and may be treated like any other license.

(3) The Board may grant an off–sale privilege to the holder of a license issued for a premises in the 3300 block of Annapolis Road, subject to the following conditions:

(i) beer, wine, or liquor may be sold for off–premises consumption only from a location in the licensed premises not exceeding 2,000 square feet;

(ii) beer, wine, or liquor purchased from the location may not be consumed anywhere on the licensed premises;

(iii) the hours of sale are from 8 a.m. to 10 p.m. Monday through Sunday; and

(iv) the annual fee for the privilege is $858.

(e) The arena shall have:

(1) a minimum capital investment, not including any real property, of $1,000,000; and

(2) a minimum capacity of 1,000 people, as determined by the City Fire Department.

(f) (1) The annual license fee is $21,780.

(2) In addition to the annual license fee, a license holder shall pay annually:

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

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

(g) The Board shall adopt regulations concerning the manner of dispensing alcoholic beverages, the number of outlets authorized to dispense alcoholic beverages, and the hours and days of sale.
Md. Code, Public Safety § 12-508 — MD Code / Article gps / Title 12 / Subtitle 5 / Section 12-508
§12–508.
Status: in_force

(a) (1) In this section, “agricultural building” means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products.

(2) “Agricultural building” does not include a place of human residence.

(b) This section applies only to:

(1) Allegany County, Anne Arundel County, Baltimore County, Calvert County, Carroll County, Cecil County, Charles County, Dorchester County, Frederick County, Garrett County, Harford County, Howard County, Kent County, Montgomery County, Prince George’s County, Queen Anne’s County, St. Mary’s County, Somerset County, Talbot County, and Washington County; or

(2) a county where the local legislative body has approved the application of this section to the county.

(c) The Standards do not apply to the construction, alteration, or modification of an agricultural building for which agritourism is an intended subordinate use.

(d) Except as provided in subsections (e) and (f) of this section, an existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit if the subordinate use of agritourism:

(1) is in accordance with limitations set forth in regulations adopted by the Department;

(2) occupies only levels of the building on which a ground level exit is located; and

(3) does not require more than 50 people to occupy an individual building at any one time.

(e) In Allegany County, Anne Arundel County, Baltimore County, Calvert County, Carroll County, Cecil County, Garrett County, Howard County, Kent County, Prince George’s County, Queen Anne’s County, St. Mary’s County, Washington County, and Worcester County, an existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit if:

(1) the subordinate use of agritourism does not require more than 200 people to occupy an individual building at any one time; and

(2) the total width of means of egress meets or exceeds the International Building Code standard that applies to egress components other than stairways in a building without a sprinkler system.

(f) (1) In Montgomery County, an existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit as provided in this subsection.

(2) Except as provided in paragraph (3) of this subsection, if the subordinate use of agritourism does not require more than 50 people to occupy an individual building at any one time, then that use must be:

(i) in accordance with limitations established by the Department; and

(ii) limited to levels of the building on which a ground level exit is located.

(3) If the subordinate use of agritourism requires more than 50 people but fewer than 100 people to occupy an individual building at any one time, then that use must be:

(i) in accordance with the requirements in paragraph (2) of this subsection; and

(ii) the total width and number of means of egress must meet or exceed the International Building Code standard that applies to egress components other than stairways in a building without a sprinkler system.

(g) An agricultural building used for agritourism:

(1) shall be structurally sound and in good repair; but

(2) need not comply with:

(i) requirements for bathrooms, sprinkler systems, and elevators set forth in the Standards; or

(ii) any other requirements of the Standards or other building codes as set forth in regulations adopted by the Department.

(h) The Department shall adopt regulations to implement this section.
Md. Code, Commercial Law § 12-1111.1 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1111.1
§12–1111.
Status: in_force

§12–1111.1.

The Attorney General’s Web site shall include the sample forms in § 12–1111 of this subtitle.
Md. Code, Commercial Law § 12-633 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-633
§12–633.
Status: reserved

(a) (1) Except as provided in paragraph (2) of this subsection, any renewal, extension, or refund made under § 12-632 of this subtitle shall be by a written agreement signed by each party.

(2) If an extension is granted without any additional charge, the agreement need be signed only by the sales finance company.

(b) (1) At the time a renewal, extension, or refund is made, the sales finance company shall deliver to the buyer an exact copy of the agreement.

(2) The agreement shall:

(i) State the name and post office address of each party;

(ii) Identify the prior agreement to which it relates;

(iii) Describe the goods;

(iv) Describe any security interest or collateral security which was reserved or taken to secure the prior agreement and which is retained to secure the renewal, extension, or refund; and

(v) State the amount of the extended principal, the agreed rate of charge, the number of scheduled installments, and the time and amount of each installment.
Md. Code, Courts and Judicial Proceedings § 12-611 — MD Code / Article gcj / Title 12 / Subtitle 6 / Section 12-611
§12–611.
Status: in_force

If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
Md. Code, Financial Institutions § 12-1010 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1010
§12–1010.
Status: in_force

(a) Except as allowed under this subtitle, a registrant may not offer, provide, or attempt to provide debt settlement services in the State.

(b) (1) A registrant may charge a consumer a debt settlement services fee as provided under this section.

(2) A registrant may not:

(i) Charge a consumer a fee for consultation or for obtaining a consumer’s credit report; or

(ii) Require a voluntary contribution from a consumer for any service provided by the registrant.

(c) Except as provided under subsection (d) of this section, a registrant may not charge a consumer a debt settlement services fee until after:

(1) A debt settlement services agreement has been executed between the registrant and the consumer;

(2) The registrant has renegotiated, settled, reduced, or otherwise altered the terms of at least one individual debt specified in the debt settlement services agreement; and

(3) The consumer has made at least one payment in accordance with the debt settlement services agreement.

(d) Subsection (c) of this section does not prohibit a registrant from requesting or requiring a consumer to deposit funds in an account to be used for debt settlement services fees and for payments to creditors or debt collectors in connection with a debt settlement services agreement, provided that:

(1) The funds are held in an account at an insured financial institution, as defined in § 1–101 of this article;

(2) The consumer owns the funds held in the account, including any accrued interest;

(3) The financial institution or entity administering the account is not owned or controlled by, or in any way affiliated with, the registrant;

(4) The financial institution or entity administering the account does not pay or accept any money or other compensation in exchange for referrals of business involving the registrant, but may charge account related fees; and

(5) If the consumer requests to withdraw from the debt settlement services agreement, within 7 days after the consumer’s request, all funds in the account, including accrued interest, less any debt settlement services fees earned by the registrant in compliance with this section, are paid to the consumer.

(e) (1) Subject to paragraph (2) of this subsection, for each individual debt, a debt settlement services fee shall:

(i) Bear the same proportional relationship to the debt settlement services fee for settling the total debt as the individual debt amount bears to the total debt; or

(ii) Be calculated as a percentage of the amount by which the principal amount of the debt exceeds the amount paid to the creditor or debt collector to settle the debt.

(2) The percentage charged under paragraph (1)(ii) of this subsection shall be the same for each individual debt.

(f) (1) A registrant shall allow a consumer to withdraw from a debt settlement services agreement at any time.

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

(i) May not charge the consumer a penalty; and

(ii) May collect debt settlement services fees earned by the registrant in compliance with this section.
Md. Code, Financial Institutions § 12-409 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-409
§12–409.
Status: in_force

(a) After the filing of a complete application, the Commissioner shall investigate the financial condition and responsibility, financial and business experience, character, and general fitness of the applicant.

(b) (1) Unless the Commissioner notifies the applicant that a different time period is necessary, the Commissioner shall approve or deny each application for a license within 60 days after the date a complete application is filed.

(2) The applicant may by written request to the Commissioner withdraw the application at any time before the issuance of the license.

(c) The Commissioner shall issue a license to any applicant who meets the requirements of this subtitle.

(d) (1) If an applicant does not meet the requirements of this subtitle, the Commissioner shall:

(i) Notify the applicant immediately of this fact;

(ii) Subject to the hearing provisions of § 12–428 of this subtitle, deny the application;

(iii) Return the surety device filed under § 12–407 of this subtitle; and

(iv) Keep the license fee and the investigation fee.

(2) Within 30 days after the Commissioner denies an application, the Commissioner shall state the reasons for the denial in writing and mail them to the address listed in the application.
Md. Code, Economic Development § 12-102 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

(a) This subtitle shall be liberally construed to accomplish its purposes.

(b) A facility is not a capital project of a public body within the meaning of any statutory or charter provision.

(c) This subtitle does not authorize a county or municipal corporation to acquire a facility by eminent domain.
Md. Code, Economic Development § 12-1011 — MD Code / Article gec / Title 12 / Subtitle 10 / Section 12-1011
§12–1011.
Status: in_force

(a) An established district may expand the geographic area of the district if:

(1) a petition for inclusion is submitted from owners of at least 51% of the total number of parcels of nonexempt property and, subject to subsection (b) of this section, a designated board member of a condominium or cooperative housing corporation proposed for inclusion in the district;

(2) the petition under item (1) of this subsection is accepted by a majority vote of the board of the district corporation; and

(3) the appropriate documents, as applicable, are submitted under § 12–1008 of this subtitle and a hearing is held under § 12–1009 of this subtitle.

(b) (1) Notwithstanding any other provision of this title and subject to paragraph (2) of this subsection, a condominium or cooperative housing corporation that is located in the proposed expanded geographic area of the district may petition to join the expansion.

(2) A condominium or cooperative housing corporation described under paragraph (1) of this subsection may petition to join the expansion only if:

(i) the condominium or cooperative housing corporation is governed by a board;

(ii) the board votes to join the district corporation; and

(iii) the board has a representative member of the board sign the appropriate documents required under § 12–1008 of this subtitle.

(3) For the purposes of the votes cast under subsection (a)(1) of this section:

(i) a condominium or cooperative housing corporation shall be considered a single parcel; and

(ii) the decision reached by the board shall constitute the vote of the condominium or cooperative housing corporation.
Md. Code, Health Occupations § 12-511 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-511
§12–511.
Status: in_force

(a) In this section, “contraceptives” means contraceptive medications and self–administered contraceptive devices approved by the U.S. Food and Drug Administration.

(b) A pharmacist who meets the requirements of the regulations adopted under this section may prescribe and dispense contraceptives.

(c) (1) On or before September 1, 2018, the Board, in consultation with the State Board of Physicians, the State Board of Nursing, the Maryland Chapter of the American College of Obstetricians and Gynecologists, the Maryland Chapter of the American Academy of Pediatrics, the Maryland Pharmacists Association, the Maryland Affiliate of the American College of Nurse–Midwives, the Maryland Nurses Association, Planned Parenthood of Maryland, the Maryland Association of Chain Drug Stores, and other interested health professional associations and stakeholders, shall adopt final regulations establishing:

(i) Standard procedures that a pharmacist must use to select the appropriate contraceptive to prescribe for a patient or to refer the patient to a primary care practitioner or reproductive health care practitioner for treatment; and

(ii) The conditions under which a pharmacist may prescribe and dispense contraceptives.

(2) The regulations shall require a pharmacist to:

(i) Except as provided in paragraph (3) of this subsection, complete a training program approved by the Board for prescribing and dispensing contraceptives;

(ii) Provide a self–screening risk assessment tool that a patient must use before a pharmacist may prescribe contraceptives for the patient;

(iii) Follow the standard procedures established by the Board; and

(iv) After prescribing and dispensing contraceptives for a patient:

1. Refer the patient for any additional care to:

A. The patient’s primary care practitioner or reproductive health care practitioner; or

B. If the patient does not have a primary care practitioner or reproductive health care practitioner, a family planning provider or a licensed clinician who provides reproductive health care services;

2. Provide the patient with:

A. A written record of the contraceptives dispensed; and

B. Written information about the importance of seeing the patient’s primary care practitioner or reproductive health care practitioner to obtain recommended tests and screenings;

3. Record the prescribing and dispensing of the contraceptives in any electronic health record maintained on the patient by the pharmacist; and

4. Provide the patient with a copy of the record of the encounter that includes the patient’s completed self–assessment tool and the contraceptive prescribed and dispensed or the basis for not prescribing and dispensing a contraceptive.

(3) The regulations shall waive the requirement to complete a training program for a pharmacist who already has undergone the training as part of the pharmacist’s formal educational program.

(4) The regulations shall prohibit a pharmacist from prescribing contraceptives before January 1, 2019.
Md. Code, Financial Institutions § 12-921 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-921
§12–921.
Status: in_force

(a) (1) On or before April 30 of each year, a licensee shall report to the Commissioner on the debt management services business of the licensee conducted during the preceding calendar year.

(2) The annual report shall be on the form that the Commissioner requires.

(3) The report shall include:

(i) An audited financial statement that is prepared in accordance with generally accepted accounting principles and includes a balance sheet, income statement, statement of changes in fund balances, and statement of cash flow;

(ii) An alphabetical list of all debt management counselors who provided services for the licensee during the previous calendar year;

(iii) The number of consumers for whom the licensee provided debt management services under a debt management services agreement during the preceding calendar year;

(iv) The number of consumers who signed new debt management services agreements with the licensee during the preceding calendar year;

(v) The highest number of consumers for whom the licensee provided debt management services under a debt management services agreement during any month in the preceding calendar year;

(vi) The amounts paid by consumers to the licensee, both in total and for each month, during the preceding calendar year, broken down by:

1. Payments to be disbursed to creditors; and

2. Payments for the licensee’s services;

(vii) The percentage of all consumers who received a consumer education program and subsequently executed a debt management services agreement during the preceding calendar year;

(viii) The number of consumers who successfully completed a debt management plan during the preceding calendar year;

(ix) The number of consumers who ceased participating in a debt management plan without successfully completing the plan during the preceding calendar year; and

(x) A representative sample of the written summary required under § 12–916(a)(1)(i)2 of this subtitle.

(b) (1) Within 15 days after the occurrence of any of the following events, a licensee shall file a written report with the Commissioner describing the event and its expected impact on the licensee’s activities in the State:

(i) The filing for bankruptcy or reorganization by the licensee;

(ii) The institution of a revocation or suspension proceeding against the licensee by a governmental authority that is related to the licensee’s debt management services business in any state;

(iii) A felony indictment or conviction of the licensee, or any of its officers, directors, or debt management counselors, that is related to the licensee’s debt management services business;

(iv) The commencement of a civil action by a consumer against the licensee, or its owners, officers, directors, principals, or debt management counselors, that is related to the licensee’s debt management services business;

(v) The filing of any material litigation against the licensee, or its owners, officers, directors, principals, or debt management counselors, that is related to the licensee’s debt management services business; and

(vi) A list of all third-party vendors and other service providers that the licensee used in providing debt management services at any time in the preceding calendar year.

(2) The written report required under paragraph (1) of this subsection shall be sent to the Commissioner by certified mail, return receipt requested, and include details sufficient to identify the event.

(c) The Commissioner may require any other reports from a licensee that the Commissioner considers necessary.

(d) If a licensee fails to make any report required by this subtitle, the Commissioner may require the licensee to pay a surcharge not exceeding $50 for each day that the report is overdue.
Md. Code, Financial Institutions § 12-201 — MD Code / Article gfi / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

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

(b) “Affiliated corporation” means any corporation, whether incorporated under the laws of this State or of any other jurisdiction, of which 25 percent or more of the outstanding voting shares are owned of record or beneficially by:

(1) A foreign bank; or

(2) Persons who own of record or beneficially 25 percent or more of the outstanding voting shares of a foreign bank.

(c) “Bank holding company” means a corporation that owns of record or beneficially 25 percent or more of the outstanding voting shares of:

(1) A state banking institution that has its principal banking office in this State; or

(2) A national banking association that has its principal banking office in this State.

(d) “Foreign bank” means any bank or trust company other than:

(1) A state banking institution that has its principal banking office in this State; and

(2) A national banking association that has its principal banking office in this State.

(e) “Foreign banking corporation” means:

(1) A foreign bank; or

(2) Any corporation that:

(i) Is controlled by a foreign bank;

(ii) Controls a foreign bank; or

(iii) Is controlled by persons who control a foreign bank or foreign bank holding company.
Md. Code, Commercial Law § 12-602 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-602
§12–602.
Status: in_force

A seller or sales finance company may not make in any advertisement, publication, display, broadcast, solicitation, or representation any false, misleading, or deceptive statement relating to:

(1) Any finance, delinquency, or extension charge or rate; or

(2) The security interest, collateral, terms, or conditions on which it will make or finance any installment agreement.
Md. Code, Commercial Law § 12-505 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-505
§12–505.
Status: in_force

(a) In a closed end account, the finance charge may not exceed the greater of:

(1) An amount computed using the following annual simple interest rates of finance charge:

(i) 22 percent on that part of the outstanding balance not exceeding $1,000; and

(ii) 18 percent on that part of the outstanding balance exceeding $1,000; or

(2) A minimum charge of $10 or, if the due date of the last installment is eight months or less after the effective date of the retail credit account agreement, $8.

(3) Notwithstanding the provisions of paragraph (1) of this subsection, in a closed end account made on or after July 1, 1982, the finance charge may not exceed 24 percent per annum simple interest.

(b) (1) In a closed end account, the finance charge may be computed:

(i) On the actual unpaid principal outstanding from time to time; or

(ii) In advance, at the time the purchase is made, by adding to the original unpaid balance the amount of finance charge that would be earned if the account were repaid exactly according to its terms at the rate stated in subsection (a) of this section.

(2) Nothing in this section shall be construed to prohibit any particular method of computing the finance charge on a closed end account so long as the amount of the finance charge does not result in a rate of charge in excess of that permitted by subsection (a) of this section.

(c) Amounts due under a closed end account may be payable in successive monthly, semimonthly, or weekly installments.

(d) As part of the regular practice of a holder, he may include fractional periods of 15 days or more as a whole month if he also entirely excludes fractional periods of 14 days or less.

(e) (1) A buyer may prepay at any time, without penalty, all or any part of the outstanding balance of a closed end account.

(2) Except as provided in paragraph (4) of this subsection, if the buyer pays the balance in full before maturity, the holder immediately shall refund to him a portion of the finance charge, including the charge provided in subsection (a)(2) of this section.

(3) The amount of the refund shall be calculated in accordance with subsection (g) of this section.

(4) If a prepayment is made, the holder is entitled to retain a finance charge of at least $6. If the amount of credit for prepayment is less than $1, no refund need be made.

(f) (1) The holder of a closed end account on which the finance charge is computed in advance may:

(i) By agreement with the buyer, extend the scheduled due date or defer the scheduled payment of all or part of the installments payable under it; and

(ii) Charge the buyer an extension or deferral charge.

(2) The extension or deferral charge may not exceed an amount equal to 1 percent per month of the amount extended or deferred for the period of extension or deferral.

(3) The period of extension or deferral may not exceed the period from the date when the extended or deferred amount would have been payable in the absence of the extension or deferral to the date when the amount is made payable under the agreement of extension or deferral.

(g) If interest charged pursuant to this subtitle in respect of a loan to a buyer has been precomputed, then, in the event of prepayment of the entire loan, the holder shall refund or credit to the buyer the unearned portion of the precomputed interest charge. This refund or credit shall be in an amount not less than the amount which would be refunded or credited if the unearned precomputed interest charge were calculated in accordance with the actuarial method, except that the buyer may not be entitled to a refund or credit of less than $5. The unearned portion of the precomputed interest charge is, at the option of the holder, either:

(1) That portion of the precomputed interest charge which is allocable to all originally scheduled or, if deferred, all deferred payment periods, or portions of payment periods, ending subsequent to the date of prepayment. The unearned precomputed interest charge is the total of that which would have been earned for each period, or portion of a period, had the loan not been precomputed, by applying to the unpaid balances of principal, according to the actuarial method, an annual percentage rate based on the precomputed interest charges, assuming that all payments were made as scheduled, or as deferred, if deferred. The holder at its option, may round this annual percentage rate to the nearest 1/4 of 1 percent; or

(2) The total precomputed interest charge less the earned precomputed interest charge. The earned precomputed interest charge shall be determined by applying an annual percentage rate based on the total precomputed interest charge, under the actuarial method, to the unpaid balances for the actual time those balances were unpaid up to the date of prepayment.
Md. Code, Public Safety § 12-311 — MD Code / Article gps / Title 12 / Subtitle 3 / Section 12-311
§12–311.
Status: reserved

(a) The Department shall maintain a program of adequate inspection of industrialized buildings.

(b) (1) Each manufacturer of industrialized buildings to be sold or offered for sale to first users in the State shall agree that the Department has the right to conduct unannounced inspections at the manufacturing site to review any aspect of the manufacturer’s quality control program.

(2) The cost of two unannounced inspections may be charged to the manufacturer in accordance with a fee schedule established by the Department.

(3) In addition, the total travel costs on published air fare, or equivalent rate, between Baltimore and the location of the factory, plus necessary supplemental surface transportation and reimbursement for food and lodging consistent with allowances for State employees may be charged to the manufacturer.

(c) (1) The Department may establish a program of training and accreditation of local enforcement agency personnel to:

(i) enable them to be most effective in inspection of industrialized buildings or manufactured homes; and

(ii) promote the possibility of reciprocal reliance between building personnel in this State and between this State and other states.

(2) In those jurisdictions that employ accredited local enforcement agency personnel, the function of on-site inspection of the installation or assembly of industrialized buildings is reserved to those jurisdictions with appropriate appeal procedures from their decisions.

(d) (1) Local enforcement agency representatives, manufacturers, and installers may report to the Department an industrialized building that has been damaged en route to the site so that the Department may arrange for a reinspection of the industrialized building.

(2) The Department may charge a reinspection fee to the installer of the industrialized building.
Md. Code, Public Safety § 12-916 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-916
§12–916.
Status: in_force

(a) Except as otherwise provided in § 12-915(e) of this subtitle, the Commissioner may assess a civil penalty not exceeding $5,000 for each violation against a person who:

(1) violates this subtitle;

(2) violates a regulation adopted or order issued under this subtitle; or

(3) operates in the State a boiler or pressure vessel, except a pressure vessel covered by an owner-user inspection service as provided by this subtitle, without a certificate.

(b) In assessing the appropriateness of a civil penalty under this section, the Commissioner shall give due consideration to:

(1) the nature or gravity of the violation;

(2) the person’s good faith; and

(3) the person’s history of previous violations.

(c) (1) A person may request a hearing before the Commissioner or the Commissioner’s authorized representative to contest a proposed penalty or an alleged violation of this subtitle.

(2) The Commissioner shall adopt regulations as reasonably necessary to carry out this subsection.
Md. Code, State Finance and Procurement § 12-109 — MD Code / Article gsf / Title 12 / Subtitle 1 / Section 12-109
§12–109.
Status: in_force

If authorized by the principal executive or legislative authority of the local government in accordance with local ordinance, a local health department may use either the State procurement system or the procurement system of the county in which the health department is located.
Md. Code, Health Occupations § 12-202 — MD Code / Article gho / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

(a) (1) The Board consists of 13 members.

(2) Of the 13 Board members:

(i) Ten shall be licensed pharmacists, including:

1. Two who at the time of appointment practice primarily in chain store pharmacies;

2. Two who at the time of appointment practice primarily in independent pharmacies;

3. Two who at the time of appointment practice primarily in an acute–care hospital;

4. One who at the time of appointment practices primarily in a pharmacy that provides services to a long–term care facility;

5. One who at the time of appointment practices primarily in a pharmacy that specializes in the provision of home infusion/home care services; and

6. Two pharmacists at–large;

(ii) One shall be a registered pharmacy technician; and

(iii) Two shall be consumer members.

(3) (i) The Governor shall appoint the chain store pharmacist members, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Association of Chain Drug Stores.

(ii) The Governor shall appoint the independent pharmacist members, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Pharmacists Association and the Maryland Pharmaceutical Society.

(iii) The Governor shall appoint the acute–care hospital pharmacist members, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Society of Health–System Pharmacists.

(iv) The Governor shall appoint the long–term care facility pharmacist member, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Chapter of the American Society of Consultant Pharmacists.

(v) The Governor shall appoint the home infusion/home care pharmacist member, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Society of Health–System Pharmacists.

(vi) The Governor shall appoint the at–large pharmacist members, with the advice of the Secretary, from a list of all names submitted to the Maryland Pharmacists Association, and then forwarded to the Secretary and the Governor.

(vii) The Governor shall appoint the registered pharmacy technician member, with the advice of the Secretary, from a list of all names submitted to the Secretary and the Governor by the Maryland Society of Health–System Pharmacists and the Maryland Pharmacists Association.

(viii) Except for the at–large vacancies, the number of names on each list submitted to the Secretary and the Governor under this paragraph shall be three times the number of vacancies.

(4) For each pharmacist vacancy and each registered pharmacy technician vacancy:

(i) The Board shall notify all licensed pharmacists, registered pharmacy technicians, and other interested parties of record in the State of the vacancy to solicit nominations to fill the vacancy and provide information for contacting a representative of the group that submits the list of names to the Governor under paragraph (3) of this subsection; and

(ii) Except for the at–large vacancies, each association that is responsible for submitting a list of nominees to the Secretary and the Governor under this section shall:

1. Issue a nomination form upon the request of any licensed pharmacist and consider all nominations received by the association’s deadline;

2. Form a committee, which recognizes diversity within the State in geographic distribution, sex, race, and age, comprised of at least five pharmacists to review nominations, interview all qualified nominees in a meeting open to the public, and select three names for each vacancy to be submitted to the Secretary and the Governor; and

3. In the event that fewer than three qualified nominees are submitted to the association, select any additional names that are needed to complete the list required to be submitted to the Secretary and the Governor under this section.

(5) The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.

(6) Each member of the Board shall be a resident of this State.

(7) A member of the Board shall be recused from all aspects of the licensing exam if that Board member:

(i) Is a member of the board of trustees at a school of pharmacy;

(ii) Is a teacher at a school of pharmacy; or

(iii) Acquires the member’s primary source of income through employment by a school of pharmacy.

(b) Each pharmacist member and each registered pharmacy technician member of the Board shall:

(1) Be skilled and competent in practicing pharmacy; and

(2) Have at least 5 years of active pharmacy practice.

(c) Each consumer member of the Board:

(1) Shall be a member of the general public;

(2) May not be or ever have been a pharmacist or in training to become a pharmacist;

(3) May not have a household member who is a pharmacist or in training to become a pharmacist;

(4) May not participate or ever have participated in a commercial or professional field related to practicing pharmacy;

(5) May not have a household member who participates in a commercial or professional field related to practicing pharmacy; and

(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.

(d) While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.

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

(f) (1) The term of a member is 4 years.

(2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1981.

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

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

(5) To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.

(6) A member may not serve more than 2 consecutive full terms.

(g) (1) The Governor may remove a member for incompetence or misconduct.

(2) Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
Md. Code, Alcoholic Beverages and Cannabis § 12-1301 — MD Code / Article gab / Title 12 / Subtitle 13 / Section 12-1301
§12–1301.
Status: in_force

(a) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article apply in the City without exception or variation:

(1) § 4–1202 (“Per diem licenses”);

(2) § 4–1203 (“Class C per diem beer and Class C per diem beer and wine licenses”);

(3) § 4–1206 (“License to dispose of stock”);

(4) § 4–1207 (“Temporary move of licensed premises”);

(5) § 4–1208 (“Hours and days of sale”); and

(6) § 4–1209 (“Wine permit for fund–raising event”).

(b) Section 4–1205 (“License fees”) of Division I of this article does not apply in the City and is superseded by § 12–1311 of this subtitle.

(c) Section 4–1204 (“Class C per diem beer, wine, and liquor license”) of Division I of this article applies in the City, subject to § 12–1312 of this subtitle.
Md. Code, Commercial Law § 12-601 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-601
§12–601.
Status: in_force

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

(b) “Agreement” means an installment sale agreement, a renewed or extended installment sale agreement, and any renewal, extension, or refund agreement made in connection with an installment sale agreement.

(c) (1) “Buyer” means a person who buys or leases goods under an installment sale agreement, even though the person has entered into one or more renewal, extension, or refund agreements.

(2) “Buyer” includes a prospective buyer.

(d) “Cash price” means the minimum price for which goods subject to an installment sale agreement, or other goods of like kind and quality, may be purchased for cash from the seller by the buyer.

(e) (1) “Collateral security” means any security interest in, encumbrance on, or pledge of property or goods that is given to secure performance of an obligation of a buyer or a surety for a buyer under an agreement.

(2) “Collateral security” includes the undertaking of a surety for a buyer.

(3) “Collateral security” does not include any goods or interest in goods that are the subject of an installment sale agreement.

(f) “Consumer goods” means goods bought for use primarily for personal, family, or household purposes, as distinguished from industrial, commercial, or agricultural purposes.

(g) “County” includes Baltimore City.

(h) “Debt cancellation agreement” means an agreement between a seller and a buyer which provides for cancellation of the outstanding balance payable under an installment sale agreement in the event of theft or total destruction of the motor vehicle that is the subject of the installment sale agreement minus the proceeds of any insurance maintained on the motor vehicle or, if the buyer does not have insurance, the actual cash value of the motor vehicle at the time of loss, determined as provided in the agreement.

(i) “Down payment” includes all amounts paid in cash, credits, or the agreed value of goods, by or for a buyer and to or for the benefit of a seller at or before execution of an installment sale agreement.

(j) “Finance charge” means the amount in excess of the cash price of the goods sold, agreed on by a seller and a buyer, to be paid by the buyer for the privilege of purchasing the goods under an installment sale agreement.

(k) (1) “Goods” means all tangible personal property that has a cash price of $100,000 or less.

(2) “Goods” does not include money or things in action.

(l) “Holder” means a person, including a seller and a sales finance company, entitled to enforce an agreement against a buyer.

(m) (1) “Installment sale agreement” means a contract for the retail sale of consumer goods, negotiated or entered into in this State, under which:

(i) Part or all of the price is payable in one or more payments after the making of the contract; and

(ii) The seller takes collateral security or keeps a security interest in the goods sold.

(2) “Installment sale agreement” includes:

(i) A prospective installment sale agreement;

(ii) A purchase money security agreement; and

(iii) A contract for the bailment or leasing of consumer goods under which the bailee or lessee contracts to pay as compensation a sum that is substantially equal to or is more than the value of the goods.

(3) “Installment sale agreement” does not include:

(i) A bona fide C.O.D. transaction or a layaway agreement as defined in § 14–1101(g) of this article; or

(ii) A lease for industrial, commercial, or agricultural purposes.

(n) “Mechanical repair contract” has the meaning stated in Title 15, Subtitle 3 of the Transportation Article.

(o) “Motor vehicle” has the meaning stated in Title 11 of the Transportation Article.

(p) “Outstanding balance”, when used in reference to a debt cancellation agreement, does not include:

(1) Any delinquent or deferred payments;

(2) Past due charges;

(3) Late payment charges;

(4) Unearned interest;

(5) Unearned rental payments;

(6) The portion of any financed taxes or charges, including charges for credit life insurance, credit health insurance, credit involuntary unemployment benefit insurance, and mechanical repair contracts, actually refunded to the buyer or credited as a reduction to the loan balance; or

(7) By agreement of the parties, the amount of any primary insurance deductible.

(q) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(r) “Principal balance” means the sum of items described in § 12–606(b)(5), (6), and (7) of this subtitle.

(s) “Retail sale” means the sale of goods for use or consumption by the buyer or for the benefit or satisfaction that the buyer may derive from the use or consumption of the goods by another, but not for resale by the buyer.

(t) “Sales finance company” means a person who is engaged, whether by purchase, discount, pledge, loan, or otherwise, in the business of acquiring, investing in, or lending money or credit on the security of any interest in:

(1) An installment sale agreement made between other parties;

(2) A retail credit account transaction, as defined in § 12–501 of this title, made between other parties; or

(3) A transaction that deals with home improvement, as defined in § 8–101 of the Business Regulation Article, made between other parties, if collateral security is required by and given to the contractor as a condition to the transaction.

(u) “Security interest” has the meaning stated in § 1–201(37) of this article.

(v) “Seller” means a person who sells or leases or agrees to sell or lease goods under an installment sale agreement.

(w) (1) “Surety” includes a guarantor.

(2) “Surety” does not include a seller who sells, transfers, or assigns an agreement.

(x) “Time balance” means the sum of the items described in § 12–606(b)(10) and (11) of this subtitle.

(y) “Wages” means all remuneration paid to any employee for his employment, including the cash value of all remuneration paid in any medium other than cash.
Md. Code, Financial Institutions § 12-424 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-424
§12–424.
Status: in_force

(a) The Commissioner may conduct an examination of a licensee or an authorized delegate with not less than 7 business days’ prior notice.

(b) With good cause, the Commissioner may conduct an examination of a licensee or an authorized delegate with no prior notice.

(c) The licensee shall pay all reasonably incurred costs of an examination conducted under this section, including a per–day fee set by the Commissioner for each of the Commissioner’s employees engaged in the examination.

(d) Any examination may be conducted in conjunction with an examination performed by a representative of a responsible supervisory agency of another state.

(e) (1) The Commissioner, in lieu of an examination, may accept the examination report of a responsible supervisory agency of another state, or a report prepared by an independent accounting firm.

(2) A report accepted under paragraph (1) of this subsection is considered for all purposes as an official report of the Commissioner.

(f) The Commissioner may:

(1) Examine all books, accounts, and records the Commissioner determines are necessary to conduct a complete examination; and

(2) Examine under oath any officer, director, or employee of the licensee, or any other individual who may provide information on behalf of the licensee.
Md. Code, Economic Development § 12-405 — MD Code / Article gec / Title 12 / Subtitle 4 / Section 12-405
§12–405.
Status: in_force

The net earnings of a district corporation may benefit only the district corporation.
Md. Code, Criminal Procedure § 12-402 — MD Code / Article gcp / Title 12 / Subtitle 4 / Section 12-402
§12–402.
Status: in_force

(a) After a full hearing, if the court determines that the property should not be forfeited, the court shall order that the property be released.

(b) Subject to § 12-403(b) of this subtitle, if the court determines that the property should be forfeited, the court shall order that the property be forfeited to the appropriate governing body.

(c) If the court determines that the forfeited property is subject to a valid lien created without actual knowledge of the lienholder that the property was being or was to be used in violation of the Controlled Dangerous Substances law, the court shall order that the property be released within 5 days to the first priority lienholder.

(d) (1) The lienholder shall sell the property in a commercially reasonable manner.

(2) The proceeds of the sale shall be applied as follows:

(i) to the court costs of the forfeiture proceeding;

(ii) to the balance due the lienholder, including all reasonable costs incident to the sale;

(iii) to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure or maintenance of custody; and

(iv) except as provided in § 12-403(b) of this subtitle, to the General Fund of the State or of the political subdivision that seized the property.
Md. Code, Commercial Law § 12-631 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-631
§12–631.
Status: in_force

(a) If a complaint for violation of any provision of Part II of this subtitle is filed with the Commissioner of Financial Regulation, he may investigate the complaint and hold a hearing on it in accordance with § 11-413 of the Financial Institutions Article.

(b) The Commissioner shall give to the person complained against at least ten days’ written notice of the complaint and the time and place of any hearing. The notice shall be in writing and sent by registered or certified mail to his principal place of business.

(c) (1) If, after the hearing, the Commissioner finds that a person has engaged or is engaging in any act or practice prohibited by Part II of this subtitle, he shall order the person to cease and desist from the act or practice.

(2) The order of the Commissioner shall comply with the Administrative Procedure Act.

(d) (1) If no appeal is filed, the order becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner’s order.

(2) If an appeal is filed, the order becomes final after final decision of the court affirming the order or dismissing the appeal.

(e) For the purposes of this section, the Commissioner’s order may not apply to any:

(1) Incorporated bank, savings institution, or trust company;

(2) A savings and loan association; or

(3) A federal credit union or State chartered credit union.
Md. Code, Alcoholic Beverages and Cannabis § 12-1701 — MD Code / Article gab / Title 12 / Subtitle 17 / Section 12-1701
§12–1701.
Status: in_force

(a) The following sections of Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article apply in the City without exception or variation:

(1) § 4–303 (“Chain store, supermarket, or discount house”);

(2) § 4–304 (“Compliance with Bulk Transfers Act required”); and

(3) § 4–306 (“Substitution of names of officers on license”).

(b) The following sections of Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article apply in the City:

(1) § 4–302 (“Transfer of place of business; transfer of license and inventory”), subject to §§ 12–1702, 12–1703, 12–1705, 12–1706, 12–1707, and 12–1708 of this subtitle; and

(2) § 4–305 (“Filing fee and endorsement”), subject to § 12–1704 of this subtitle.
Md. Code, Criminal Law § 12-202 — MD Code / Article gcr / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

(a) Except as provided in subsection (b) of this section, this subtitle applies to all lotteries, including those authorized by any other state or foreign country.

(b) This subtitle does not apply to the State lottery established under Title 9, Subtitle 1 of the State Government Article.
Md. Code, State Personnel and Pensions § 12-301 — MD Code / Article gsp / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

If a grievant's principal unit has established a peer review panel for grievances in accordance with regulations adopted by the Secretary, the grievant may elect to:

(1) waive Step Two and Step Three of the grievance procedure; and

(2) submit the grievance to the peer review panel after Step One of the grievance procedure.
Md. Code, Health Occupations § 12-101 — MD Code / Article gho / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

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

(b) “Authorized prescriber” means any licensed dentist, licensed dental hygienist with prescriptive authority under § 4–206.4 of this article, licensed physician, licensed podiatrist, licensed veterinarian, advanced practice registered nurse with prescriptive authority under Title 8 of this article, licensed nurse anesthetist, or other individual authorized by law to prescribe prescription or nonprescription drugs or devices.

(c) “Biological product” has the meaning stated in 42 U.S.C. § 262.

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

(d–1) “Compounded nonsterile preparations” means products compounded in accordance with USP 795.

(e) “Compounded sterile preparations” means biologics, diagnostics, drugs, nutrients, and radiopharmaceuticals that, under USP 797, must be compounded using aseptic techniques.

(f) (1) “Compounding” means the preparation, mixing, assembling, packaging, or labeling of a drug or device:

(i) As the result of a practitioner’s prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice; or

(ii) For the purpose of, or incident to, research, teaching, or chemical analysis and not for the sale or dispensing of the drug or device.

(2) “Compounding” includes the preparation of drugs or devices in anticipation of a prescription drug order based on routine, regularly observed prescribing patterns.

(g) (1) “Delegated pharmacy act” means an activity that constitutes the practice of pharmacy delegated by a licensed pharmacist under this title and regulations adopted by the Board.

(2) “Delegated pharmacy act” does not include:

(i) An act within the parameters of a therapy management contract as provided under Subtitle 6A of this title;

(ii) Except as provided in § 12–6B–06 of this title, the administration of a vaccination in accordance with § 12–508 of this title;

(iii) The delegation of a pharmacy act by a registered pharmacy technician, pharmacy student, or pharmacy technician trainee;

(iv) A pharmacy activity performed by a pharmacy student in accordance with § 12–301(b) of this title;

(v) A pharmacy activity performed by an applicant for a license to practice pharmacy in accordance with regulations adopted by the Board;

(vi) A decision–making task that requires the professional judgment of a pharmacist; and

(vii) The performance of other functions prohibited in regulations adopted by the Board.

(h) (1) “Device” means a device used in the diagnosis, treatment, or prevention of disease.

(2) “Device” does not include any:

(i) Surgical or dental instrument;

(ii) Physical therapy equipment;

(iii) X–ray apparatus; or

(iv) Component part or accessory of any of these items.

(i) “Direct supervision” means that a licensed pharmacist is physically available, notwithstanding appropriate breaks, on–site and in the prescription area or in an area where pharmacy services are provided to supervise the practice of pharmacy and delegated pharmacy acts.

(j) “Dispense” or “dispensing” means the procedure which results in the receipt of a prescription or nonprescription drug or device by a patient or the patient’s agent and which entails the:

(1) Interpretation of an authorized prescriber’s prescription for a drug or device;

(2) Selection and labeling of the drug or device prescribed pursuant to that prescription; and

(3) Measuring and packaging of the prescribed drug or device in accordance with State and federal laws.

(k) (1) “Distribute” means the process resulting in the provision of a prescription or nonprescription drug or device to a separate, intervening individual, licensed and practicing under this article, prior to administration of the provided drug or device to the patient pursuant to a prescription issued by an authorized prescriber.

(2) “Distribute” does not include the operations of a person who holds a permit issued under § 12–6C–03 of this title.

(l) “Drug” has the meaning stated in § 21–101 of the Health – General Article.

(l–1) “Injectable medication for treatment of a sexually transmitted infection” means a medication that:

(1) Is administered by injection other than intravenously;

(2) Treats a sexually transmitted infection; and

(3) Is not a vaccine.

(m) “Interchangeable biological product” means a biological product that is:

(1) Licensed and determined by the United States Food and Drug Administration to meet the standards for interchangeability under 42 U.S.C. § 262(k)(4); or

(2) Determined to be therapeutically equivalent as stated in the latest edition of or supplement to the United States Food and Drug Administration’s approved drug products with therapeutic equivalence evaluations (the “Orange Book”).

(n) “License” means, unless the context requires otherwise, a license issued to a pharmacist by the Board to practice pharmacy.

(o) “Licensed pharmacist” means, unless the context requires otherwise, a pharmacist who is licensed by the Board to practice pharmacy.

(o–1) (1) “Maintenance injectable medication” means a medication that:

(i) Is administered by injection other than intravenously; and

(ii) Treats a chronic need, condition, or disorder.

(2) “Maintenance injectable medication” includes a medication for the treatment of a psychiatric disorder or substance use disorder, contraception, and vitamins.

(o–2) “Nicotine replacement therapy medication” means a drug or product, regardless of whether it is available over the counter, that:

(1) Delivers nicotine to an individual; and

(2) Is approved by the federal Food and Drug Administration for the sole purpose of aiding in tobacco cessation or smoking cessation.

(p) “Nonprescription drug” means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and regulations of this State and the federal government.

(q) “Nonresident pharmacy” means a pharmacy located outside this State that, in the normal course of business, as determined by the Board, ships, mails, or delivers drugs or devices to a person in this State pursuant to a prescription.

(r) “Pharmaceutical care” means the provision of a patient’s drug regimen for the purpose of achieving definite outcomes related to the cure or prevention of a disease, elimination or reduction of a patient’s symptoms, or arresting or slowing of a disease process by identifying, resolving, or preventing actual or potential drug therapy problems and which may include patient counseling and providing information to licensed and certified health care providers.

(s) “Pharmacist” means an individual who practices pharmacy regardless of the location where the activities of practice are performed.

(t) “Pharmacy” means an establishment in which prescription or nonprescription drugs or devices are compounded, dispensed, or distributed.

(u) “Pharmacy permit” means a permit issued by the Board to establish and operate a pharmacy.

(v) “Pharmacy student” means an individual who is enrolled as a student in a school or college of pharmacy approved by the Board or accredited by the Accreditation Council for Pharmacy Education.

(w) “Pharmacy technician trainee” means an individual engaged in a Board approved pharmacy technician training program.

(x) (1) “Practice pharmacy” means to engage in any of the following activities:

(i) Providing pharmaceutical care;

(ii) Compounding, dispensing, or distributing prescription drugs or devices;

(iii) Compounding or dispensing nonprescription drugs or devices;

(iv) Monitoring prescriptions for prescription and nonprescription drugs or devices;

(v) Providing information, explanation, or recommendations to patients and health care practitioners about the safe and effective use of prescription or nonprescription drugs or devices;

(vi) Identifying and appraising problems concerning the use or monitoring of therapy with drugs or devices;

(vii) Acting within the parameters of a therapy management contract, as provided under Subtitle 6A of this title;

(viii) Administering vaccinations in accordance with § 12–508 of this title or self–administered drugs or maintenance injectable medications in accordance with § 12–509 of this title;

(ix) Delegating a pharmacy act to a registered pharmacy technician, pharmacy student, or an individual engaged in a Board approved pharmacy technician training program;

(x) Supervising a delegated pharmacy act performed by a registered pharmacy technician, pharmacy student, or an individual engaged in a Board approved pharmacy technician training program;

(xi) Providing drug therapy management in accordance with § 19–713.6 of the Health – General Article;

(xii) Prescribing and dispensing contraceptive medications and self–administered contraceptive devices approved by the U.S. Food and Drug Administration;

(xiii) Prescribing and dispensing nicotine replacement therapy medications; or

(xiv) If the pharmacist is registered with the Nonoccupational Postexposure Prophylaxis (nPEP) Standing Order Program established under § 13–5302 of the Health – General Article, dispensing nonoccupational postexposure prophylaxis (nPEP) medication approved by the U.S. Food and Drug Administration and in accordance with “Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV – United States 2016” or subsequent guidelines published by the federal Centers for Disease Control and Prevention.

(2) “Practice pharmacy” does not include the operations of a person who holds a permit issued under § 12–6C–03 of this title.

(y) “Registered pharmacy intern” means an individual who is registered with the Board to practice pharmacy under the direct supervision of a pharmacist.

(z) “Registered pharmacy technician” means an individual who is registered with the Board to perform delegated pharmacy acts.

(z–1) “Registration” means, unless the context requires otherwise, a registration issued by the Board to perform delegated pharmacy acts under the supervision of a licensed pharmacist.

(z–2) (1) “Self–administered drug” means a drug that is regularly administered by the patient for whom the drug is prescribed or by an individual who is not otherwise authorized to administer drugs under this article.

(2) “Self–administered drug” includes:

(i) Eyedrops; and

(ii) A drug that is administered by an intramuscular injection or a subcutaneous injection.

(aa) “Supervision” means reviewing the work, guiding and directing the activities, and monitoring the performance of an individual.

(bb) “USP–NF” means the United States Pharmacopeia and the National Formulary.

(cc) “USP 795” means the standards set forth in the United States Pharmacopeia, General Chapter 795, “Pharmaceutical Compounding – Nonsterile Preparations”.

(dd) “USP 797” means the standards set forth in the United States Pharmacopeia, General Chapter 797, “Pharmaceutical Compounding – Sterile Preparations”.
Md. Code, Commercial Law § 12-1103 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1103
§12–1103.
Status: in_force

(a) (1) A lessor shall disclose to a consumer the information required under this subtitle.

(2) In a transaction involving more than 1 lessor, only 1 lessor need make the disclosures required under this subtitle, but all lessors shall be bound by the disclosures made.

(b) A lessor shall make the disclosures required under this subtitle before consummation of the rental–purchase agreement.

(c) A lessor shall:

(1) Make the disclosures required under this subtitle in a written form that is simple and understandable and is written or typed in a size not less than 10 point type;

(2) Make the disclosures required under this subtitle in English or in any other language used by the lessor in advertisements related to the rental–purchase transaction;

(3) Make the disclosures required under this subtitle on the face of the rental–purchase agreement and summary of costs chart above the consumer’s signature lines; and

(4) Deliver a copy of the rental–purchase agreement and the summary of costs chart to the consumer.

(d) If a disclosure becomes inaccurate as a result of any act, occurrence, or agreement by the consumer after delivery of the rental property, the resulting inaccuracy is not a violation of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 12-1703 — MD Code / Article gab / Title 12 / Subtitle 17 / Section 12-1703
§12–1703.
Status: in_force

The Board may not allow the transfer of a license unless the Board is presented with a receipt or certificate from the Director of Finance showing that all personal property taxes due the City or the State are paid.
Md. Code, Alcoholic Beverages and Cannabis § 12-2703 — MD Code / Article gab / Title 12 / Subtitle 27 / Section 12-2703
§12–2703.
Status: in_force

(a) A license holder or an employee of a license holder who is charged with a violation of § 6–307 of this article:

(1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and

(2) may not be required to post bail pending trial in any court in the State.

(b) The Board may not proceed against a license holder for a violation of § 6–307 of this article if the license holder or an employee of the license holder is found not guilty of, or granted probation before judgment for, the violation.
Md. Code, Economic Development § 12-602 — MD Code / Article gec / Title 12 / Subtitle 6 / Section 12-602
§12–602.
Status: in_force

The legislative purposes of this subtitle are to:

(1) provide for the creation of business improvement districts within Montgomery County; and

(2) promote the general welfare of the residents, employers, employees, property owners, commercial tenants, consumers, and the general public within the geographic area of the business improvement districts.
Md. Code, Election Law § 12-307 — MD Code / Article gel / Title 12 / Subtitle 3 / Section 12-307
§12–307.
Status: in_force

(a) The treasurer of a contested election committee shall file reports with the State Board as required in this subtitle:

(1) using an electronic format;

(2) with the electronic signature of the treasurer filing the report;

(3) under oath; and

(4) subject to the penalties for perjury.

(b) The State Board shall make the reports submitted under this subtitle publicly available on the Internet.
Md. Code, Alcoholic Beverages and Cannabis § 12-1901 — MD Code / Article gab / Title 12 / Subtitle 19 / Section 12-1901
§12–1901.
Status: in_force

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

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

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

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

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

(5) § 4–508 (“Display of license”).

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

(1) § 4–504 (“Employment of underage individuals”), subject to § 12–1903 of this subtitle; and

(2) § 4–505 (“Alcohol awareness program”), subject to § 12–1904 of this subtitle.
Md. Code, Criminal Law § 12-205 — MD Code / Article gcr / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

(a) This section does not apply to a person who possesses:

(1) an item that is prohibited under this section that was obtained to procure or furnish evidence of a violation of this subtitle; or

(2) a lottery ticket or slip issued by this State or another government.

(b) A person may not:

(1) bring a lottery device into the State; or

(2) possess a book, list, slip, or record of:

(i) the numbers drawn in a lottery in this State or another state or country;

(ii) a lottery device; or

(iii) money received or to be received from the sale of a lottery device.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code, Criminal Law § 12-305 — MD Code / Article gcr / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

(a) A person may take delivery of, possess, or transport a slot machine to demonstrate or sell the slot machine to a prospective customer who is allowed to purchase a slot machine if the person:

(1) operates with or under a distributorship contract with a manufacturer of slot machines;

(2) is registered with the United States Department of Justice as a distributor of slot machines; and

(3) has provided the Secretary of State Police with a copy of the person’s current federal registration.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine of $1,000 or both for each violation.