Md. Code, Commercial Law § 14-4707 — MD Code / Article gcl / Title 14 / Subtitle 47 / Section 14-4707
§14–4707.
Status: in_force

(a) A controller may not:

(1) Except where the collection or processing is strictly necessary to provide or maintain a specific product or service requested by the consumer to whom the personal data pertains, collect, process, or share sensitive data concerning a consumer;

(2) Sell sensitive data;

(3) Process personal data in violation of State or federal laws that prohibit unlawful discrimination;

(4) Process the personal data of a consumer for the purposes of targeted advertising if the controller knew or should have known that the consumer is under the age of 18 years;

(5) Sell the personal data of a consumer if the controller knew or should have known that the consumer is under the age of 18 years;

(6) Discriminate against a consumer for exercising a consumer right contained in this subtitle, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods or services to the consumer;

(7) Collect, process, or transfer personal data or publicly available data in a manner that unlawfully discriminates in or otherwise unlawfully makes unavailable the equal enjoyment of goods or services on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, or disability, unless the collection, processing, or transfer of personal data is for:

(i) The controller’s self–testing to prevent or mitigate unlawful discrimination;

(ii) The controller’s diversifying of an applicant, participant, or customer pool; or

(iii) A private club or group not open to the public, as described in § 201(e) of the Civil Rights Act of 1964; or

(8) Unless the controller obtains the consumer’s consent, process personal data for a purpose that is neither reasonably necessary to, nor compatible with, the disclosed purposes for which the personal data is processed, as disclosed to the consumer.

(b) (1) A controller shall:

(i) Limit the collection of personal data to what is reasonably necessary and proportionate to provide or maintain a specific product or service requested by the consumer to whom the data pertains;

(ii) Establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data appropriate to the volume and nature of the personal data at issue; and

(iii) Provide an effective mechanism for a consumer to revoke the consumer’s consent under this section that is at least as easy as the mechanism by which the consumer provided the consumer’s consent.

(2) If a consumer revokes consent under this section, the controller shall stop processing the consumer’s personal data as soon as practicable, but not later than 30 days after receiving the request.

(c) Nothing in subsection (a) or (b) of this section may be construed to:

(1) Require a controller to provide a product or service that requires the personal data of a consumer that the controller does not collect or maintain; or

(2) Prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the offering is in connection with a consumer’s voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program, provided that the selling of personal data is not a condition of participation in the program.

(d) A controller shall provide a consumer with a reasonably accessible, clear, and meaningful privacy notice that includes:

(1) The categories of personal data processed by the controller, including sensitive data;

(2) The controller’s purpose for processing personal data;

(3) How a consumer may exercise the consumer’s rights under this subtitle, including how a consumer may appeal a controller’s decision regarding the consumer’s request or may revoke consent;

(4) The categories of third parties with which the controller shares personal data with a level of detail that enables a consumer to understand the type of, business model of, or processing conducted by each third party;

(5) The categories of personal data, including sensitive data, that the controller shares with third parties; and

(6) An active e–mail address or other online mechanism that a consumer may use to contact the controller.

(e) (1) If a controller sells personal data to third parties or processes personal data for targeted advertising or for the purposes of profiling the consumer in furtherance of decisions that produce legal or similarly significant effects, the controller shall clearly and conspicuously disclose the sale or processing, as well as the manner in which a consumer may exercise the right to opt out of the sale or processing.

(2) The disclosure required under paragraph (1) of this subsection shall be prominently displayed, and use clear, easy to understand, and unambiguous language, to state whether the consumer’s information will be sold or shared with a third party.

(f) (1) The privacy notice under subsection (d) of this section shall establish one or more secure and reliable methods for a consumer to submit a request to exercise a consumer right in accordance with this subtitle that take into account:

(i) The ways in which consumers normally interact with the controller;

(ii) The need for secure and reliable communication of consumer requests; and

(iii) The ability of the controller to verify the identity of a consumer making the request.

(2) (i) A controller may not require a consumer to create a new account in order to exercise a consumer right.

(ii) A controller may require a consumer to use an existing account to exercise a consumer right.

(3) A controller may utilize the following methods to satisfy paragraph (1) of this subsection:

(i) Providing a clear and conspicuous link on the controller’s website to a webpage that allows a consumer, or an authorized agent of the consumer, to opt out of the targeted advertising or the sale of the consumer’s personal data; or

(ii) On or before October 1, 2025, allowing a consumer to opt out of any processing of the consumer’s personal data for the purposes of targeted advertising, or any sale of personal data, through an opt–out preference signal sent, with the consumer’s consent, by a platform, technology, or mechanism to the controller indicating the consumer’s intent to opt out of the processing or sale.

(4) A platform, technology, or mechanism used in accordance with paragraph (3) of this subsection shall:

(i) Be consumer–friendly and easy to use by the average consumer;

(ii) Use clear, easy to understand, and unambiguous language;

(iii) Be as consistent as possible with any other similar platform, technology, or mechanism required by any federal or State law or regulation;

(iv) Enable the controller to reasonably determine whether the consumer:

1. Is a resident of the State; and

2. Has made a legitimate request to opt out of any sale of the consumer’s personal data or targeted advertising; and

(v) Require a consumer to make an affirmative, unambiguous, and voluntary choice in order to opt out of any processing of the consumer’s personal data.

(5) A platform, technology, or mechanism used in accordance with paragraph (3) of this subsection may not:

(i) Unfairly disadvantage another controller; or

(ii) Use a default setting to opt a consumer out of any processing of the consumer’s personal data.

(g) (1) If a consumer’s decision to opt out of the processing of the consumer’s personal data for the purposes of targeted advertising, or the sale of personal data through an opt–out preference signal sent in accordance with subsection (f)(3) of this section conflicts with the consumer’s existing controller–specific privacy setting or the consumer’s voluntary participation in a controller’s bona fide loyalty, rewards, premium features, discounts, or club card program, the controller may notify the consumer of a conflict and provide the choice to confirm controller–specific privacy settings or participation in a program listed in this paragraph.

(2) A controller that recognizes signals approved by other states shall be considered in compliance with this section.
Md. Code, Agriculture § 14-302 — MD Code / Article gag / Title 14 / Subtitle 3 / Section 14-302
§14–302.
Status: in_force

It is the intent of the General Assembly that:

(1) Hemp be established as an agricultural commodity;

(2) Hemp produced in accordance with this subtitle may be:

(i) Possessed in the State; and

(ii) Sold, distributed, transported, marketed, manufactured, or processed in the State or outside the State; and

(3) Hemp produced outside the State in a state that authorizes the production of hemp may be sold, distributed, transported, marketed, manufactured, or processed in the State.
Md. Code, Agriculture § 14-305 — MD Code / Article gag / Title 14 / Subtitle 3 / Section 14-305
§14–305.
Status: in_force

(a) The Department, in consultation with the Governor and the Attorney General, shall establish a plan for monitoring and regulating the production of hemp in the State.

(b) (1) The plan required under subsection (a) of this section shall include:

(i) A practice to maintain, for a period of not less than 3 calendar years, relevant information regarding the land on which hemp is produced, including a legal description of the land;

(ii) A procedure for testing, using postdecarboxylation or another similarly reliable method, the delta–9–tetrahydrocannabinol concentration levels of hemp produced in the State;

(iii) A procedure for the effective disposal of:

1. Plants, whether growing or not, that are produced in violation of this subtitle; and

2. Products derived from plants that are produced in violation of this subtitle;

(iv) A procedure for the enforcement of this subtitle;

(v) A procedure for conducting annual inspections that include, at a minimum, a random sample of hemp producers to verify that hemp is being produced in accordance with this subtitle;

(vi) A procedure for submitting to the Secretary of the U.S. Department of Agriculture within 30 days of receipt by the Department:

1. The contact information for each person licensed to produce hemp;

2. The legal description of the land on which hemp is produced; and

3. The status of each license and any changes to the status of a license; and

(vii) A certification that the State has the resources and personnel to carry out the practices and procedures required under the plan.

(2) The plan required under subsection (a) of this section may include any other practice or procedure that is consistent with federal law.

(c) (1) The Department shall submit the plan required under subsection (a) of this section to the Secretary of the U.S. Department of Agriculture for approval.

(2) If the Secretary of the U.S. Department of Agriculture does not approve the plan submitted under paragraph (1) of this subsection, the Department shall:

(i) Amend the plan; and

(ii) Submit the amended plan to the Secretary of the U.S. Department of Agriculture.
Md. Code, Real Property § 14-903 — MD Code / Article grp / Title 14 / Subtitle 9 / Section 14-903
§14–903.
Status: in_force

A service agreement, or any part of a service agreement, may not:

(1) Be effective for more than 1 year; or

(2) (i) Purport to run with the land or bind subsequent bona fide purchasers;

(ii) Purport to create a lien, encumbrance, or security interest on the residential property of a party to the service agreement; or

(iii) Allow the service provider to assign or transfer the right to provide services under the service agreement to another person without notice or the consent of a party to the service agreement.
Md. Code, Commercial Law § 14-3503 — MD Code / Article gcl / Title 14 / Subtitle 35 / Section 14-3503
§14–3503.
Status: in_force

(a) To protect personal information from unauthorized access, use, modification, or disclosure, a business that owns, maintains, or licenses personal information of an individual residing in the State shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal information owned, maintained, or licensed and the nature and size of the business and its operations.

(b) (1) A business that uses a nonaffiliated third party as a service provider to perform services for the business and discloses personal information about an individual residing in the State under a written contract with the third party shall require by contract that the third party implement and maintain reasonable security procedures and practices that:

(i) Are appropriate to the nature of the personal information disclosed to the nonaffiliated third party; and

(ii) Are reasonably designed to help protect the personal information from unauthorized access, use, modification, disclosure, or destruction.

(2) This subsection shall apply to a written contract that is entered into on or after January 1, 2009.
Md. Code, Commercial Law § 14-3202 — MD Code / Article gcl / Title 14 / Subtitle 32 / Section 14-3202
§14–3202.
Status: in_force

(a) A violation of this subtitle is an unfair or deceptive trade practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13 of this article.

(b) In addition to the remedies provided in § 13-408 of this article, an individual who is affected by a violation of this subtitle may bring an action against a person that violates this subtitle to recover:

(1) Reasonable attorney’s fees; and

(2) Damages in the amount of the greater of:

(i) $500 for each violation; or

(ii) Actual damages sustained as a result of the violation.

(c) For purposes of this section, each prohibited telephone solicitation and each prohibited practice during a telephone solicitation is a separate violation.
Md. Code, State Finance and Procurement § 14-801 — MD Code / Article gsf / Title 14 / Subtitle 8 / Section 14-801
§14–801.
Status: in_force

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

(b) “Covered procurement” means a procurement contract that:

(1) meets the criteria established by the Chief Procurement Officer, in consultation with the Secretary and, for contracts subject to Title 3.5 of this article, the Secretary of Information Technology, under § 14–802 of this subtitle; and

(2) is not a public work contract subject to § 17–202 of this article.

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

(d) “Eligible internship program” means an internship program that requires a contractor or other entity to provide paid internships that meet standards established by the Secretary.

(e) “Registered apprenticeship program” means an apprenticeship program that is registered with and approved by the Division of Workforce Development and Adult Learning.

(f) “Secretary” means the Secretary of Labor.
Md. Code, Real Property § 14-311 — MD Code / Article grp / Title 14 / Subtitle 3 / Section 14-311
§14–311.
Status: in_force

(a) A commercial leasing brokerage agreement between a broker and an owner may not waive or require the broker to waive the right to claim or establish a broker’s lien.

(b) Any waiver provision made in a commercial leasing brokerage agreement or any other contract, express or implied, between a broker and an owner made in violation of this section is void as a matter of public policy.
Md. Code, Health Occupations § 14-5E-15 — MD Code / Article gho / Title 14 / Subtitle 5E / Section 14-5E-15
§14–5E–15.
Status: in_force

Unless a disciplinary panel agrees to accept the surrender of a license, a licensed perfusionist may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
Md. Code, State Finance and Procurement § 14-308 — MD Code / Article gsf / Title 14 / Subtitle 3 / Section 14-308
§14–308.
Status: in_force

(a) (1) A person may not:

(i) fraudulently obtain, hold, or attempt to obtain or hold certification;

(ii) aid another person in performing an act prohibited under item (i) of this paragraph;

(iii) willfully obstruct, impede, or attempt to obstruct or impede a State official or employee investigating the qualifications of a business entity that has requested certification;

(iv) fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public money to which the person is not entitled under this subtitle; or

(v) in any minority business enterprise matter administered under this subtitle:

1. willfully falsify, conceal, or cover up a material fact by any scheme or device;

2. make a false or fraudulent statement or representation; or

3. use a false writing or document that the person knows to contain a false or fraudulent statement or entry.

(2) Except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

(i) fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority business enterprise in its bid or proposal;

(ii) fail to notify the certified minority business enterprise before execution of the contract of its inclusion of the bid or proposal;

(iii) fail to use the certified minority business enterprise in the performance of the contract; or

(iv) pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

(3) A person who violates any provision of this subsection is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding 5 years or both.

(b) (1) A person may not make a false statement about whether an entity has certification.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.

(c) The Governor’s Office of Small, Minority, and Women Business Affairs shall make available a fraud hotline for reporting violations of this section.
Md. Code, Insurance § 14-606 — MD Code / Article gin / Title 14 / Subtitle 6 / Section 14-606
§14–606.
Status: in_force

A discount medical plan organization and a discount drug plan organization may not:

(1) use in their advertisements, marketing material, brochures, and discount cards the term “insurance” except:

(i) in the name of an insurer, nonprofit health service plan, health maintenance organization, or dental plan organization whose corporate name includes the word “insurance”;

(ii) when comparing the discount medical plan or discount drug plan to insurance or otherwise distinguishing the discount medical plan or discount drug plan from insurance; or

(iii) as otherwise provided in this subtitle;

(2) use in their advertisements, marketing material, brochures, and discount cards the terms “health plan”, “coverage”, “copay”, “copayments”, “preexisting conditions”, “guaranteed issue”, “premium”, “ppo”, “preferred provider organization”, or other terms in a context that could reasonably mislead a person into believing the discount medical plan or discount drug plan was health insurance;

(3) have restrictions on access to discount medical plan or discount drug plan providers, including waiting periods and notification periods;

(4) pay providers any fees for medical services, pharmaceutical supplies, prescription drugs, or medical equipment and supplies, except that a discount medical plan organization or a discount drug plan organization that also has an active registration under Title 8, Subtitle 3 of this article may continue to pay fees to providers in its capacity as a third party administrator;

(5) refuse to modify the method of payment for membership in a discount medical plan or a discount drug plan on request, unless a specific method of payment is required as a term of the discount medical plan or the discount drug plan and was agreed to in writing in advance;

(6) if membership is billed on a monthly basis, refuse to permit membership to terminate without financial penalty on no more than 30 calendar days’ written notice; or

(7) (i) continue electronic fund transfer as a method of payment more than 30 calendar days after a written request for termination of electronic fund transfer has been made; or

(ii) require the member to notify more than one entity that is either the discount medical plan organization or the discount drug plan organization or an entity identified by the discount medical plan organization or the discount drug plan organization that electronic fund transfer should be terminated.
Md. Code, Public Safety § 14-505 — MD Code / Article gps / Title 14 / Subtitle 5 / Section 14-505
§14–505.
Status: in_force

A person who violates a provision of this subtitle or a regulation adopted under this subtitle is subject to:

(1) for a first violation, an administrative penalty not exceeding $1,000; and

(2) for a second or subsequent violation, an administrative penalty not exceeding $5,000.
Md. Code, Tax - Property § 14-809 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-809
§14–809.
Status: in_force

(a) (1) When a property in a municipal corporation is delinquent in the payment of municipal corporation taxes or charges levied against the property, the appropriate municipal corporation official charged with the collection of taxes shall notify the collector of the county of the unpaid taxes or charges on the property.

(2) If the procedures of this subtitle are not instituted by the county collector on or before 30 days after receiving the notice from the municipal corporation collector, the municipal corporation collector at any time after the 30-day period expires may use the provisions and procedures of this subtitle to sell the property for unpaid municipal corporation taxes or charges to the same extent that these provisions and procedures are available to county collectors.

(b) (1) This subsection applies in Calvert County and Garrett County.

(2) The county collector shall use the provisions and procedures of this subtitle on notification by the municipal corporation collector of unpaid municipal corporation taxes and proceed to advertise and sell any real property located in any municipal corporation in the county on which municipal corporation taxes are delinquent.

(3) The municipal corporation, in which the property being sold is located, shall buy in and hold, and pay the costs of the sale for any property offered for sale for nonpayment of municipal corporation taxes only for which there is no other purchaser.

(4) If the municipal corporation purchases the property at the tax sale, the municipal corporation shall pay to the county any taxes owed to the county and any costs incurred by the county in the sale of that property. If the county purchases any property located in a municipal corporation in that county that is being sold for delinquent taxes, the county shall pay to the municipal corporation any taxes owed to the municipal corporation for that property.
Md. Code, Public Safety § 14-201 — MD Code / Article gps / Title 14 / Subtitle 2 / Section 14-201
§14–201.
Status: in_force

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

(b) “Court” means a court of competent jurisdiction of the State, whether or not a court of record.

(c) “Person in emergency management service” means a person who, during the emergency period to which this subtitle is applicable, is a member of or works for the Department or a local emergency management organization.

(d) “Person suffering injury or damage” means a person who, during the emergency period to which this subtitle is applicable:

(1) suffers serious personal injury;

(2) suffers extensive damage to property owned by the person; or

(3) has an immediate family member who:

(i) dies;

(ii) suffers serious personal injury; or

(iii) suffers extensive damage to property owned by the family member.
Md. Code, Environment § 14-107.1 — MD Code / Article gen / Title 14 / Subtitle 1 / Section 14-107.1
§14–107.
Status: in_force

§14–107.1.

(a) In this section, “hydraulic fracturing” means a stimulation treatment performed on oil and natural gas wells in low–permeability oil or natural gas reservoirs through which specially engineered fluids are pumped at high pressure and rate into the reservoir interval to be treated, causing fractures to open.

(b) A person may not engage in the hydraulic fracturing of a well for the exploration or production of oil or natural gas in the State.
Md. Code, Commercial Law § 14-3507 — MD Code / Article gcl / Title 14 / Subtitle 35 / Section 14-3507
§14–3507.
Status: in_force

(a) In this section, “affiliate” means a company that controls, is controlled by, or is under common control with a business described in subsection (c)(1) or (d)(1) of this section.

(b) A business that complies with the requirements for notification procedures, the protection or security of personal information, or the destruction of personal information under the rules, regulations, procedures, or guidelines established by the primary or functional federal or State regulator of the business shall be deemed to be in compliance with this subtitle.

(c) (1) A business that is subject to and in compliance with § 501(b) of the federal Gramm–Leach–Bliley Act, 15 U.S.C. § 6801, § 216 of the federal Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681w, the federal Interagency Guidelines Establishing Information Security Standards, and the federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice, and any revisions, additions, or substitutions, shall be deemed to be in compliance with this subtitle.

(2) An affiliate that complies with § 501(b) of the federal Gramm–Leach–Bliley Act, 15 U.S.C. § 6801, § 216 of the federal Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681w, the federal Interagency Guidelines Establishing Information Security Standards, and the federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice, and any revisions, additions, or substitutions, shall be deemed to be in compliance with this subtitle.

(d) (1) A business that is subject to and in compliance with the federal Health Insurance Portability and Accountability Act of 1996 shall be deemed to be in compliance with this subtitle.

(2) An affiliate that is in compliance with the federal Health Insurance Portability and Accountability Act of 1996 shall be deemed to be in compliance with this subtitle.
Md. Code, Health Occupations § 14-5F-27 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-27
§14–5F–27.
Status: in_force

A licensed naturopathic doctor may receive a fee for professional consultation services.
Md. Code, Health - General § 14-409 — MD Code / Article ghg / Title 14 / Subtitle 4 / Section 14-409
§14–409.
Status: in_force

Except as otherwise provided in § 10-226(c) of the State Government Article, before the Department takes any action under § 14-408 of this subtitle, the Department shall give the person against whom the action is contemplated an opportunity for a hearing before the Department.
Md. Code, Commercial Law § 14-3701 — MD Code / Article gcl / Title 14 / Subtitle 37 / Section 14-3701
§14–3701.
Status: in_force

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

(b) “Child” means an individual under the age of 18 years.

(c) “Computer network” means the computer network commonly known as the Internet and any other local, regional, or global computer network that is similar to or is a predecessor of or successor to the Internet.

(d) “Internet” means the international computer network of both federal and nonfederal interoperable packet–switched data networks.

(e) (1) “Internet access provider” means a provider that offers directly to residential customers an interactive computer service to obtain access to the Internet in exchange for consideration, such as through a paid subscription or through an agreement to view specific advertising or other content.

(2) “Internet access provider” does not include a library or educational institution that operates or offers an interactive computer service to obtain access to the Internet.

(f) (1) “Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer service.

(2) “Interactive computer service” includes a service or system that provides access to the Internet and systems operated or services offered by a library or educational institution.

(g) “Parental control” means a product or service to control the access of a child to the Internet.
Md. Code, Health Occupations § 14-5F-08 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-08
§14–5F–08.
Status: in_force

In addition to the powers set forth elsewhere in this subtitle, the Committee:

(1) Shall:

(i) Develop and recommend to the Board:

1. Regulations to carry out this subtitle; and

2. Any statutory changes that affect the profession; and

(ii) Keep a record of its meetings; and

(2) May:

(i) Provide recommendations regarding the practice of naturopathic medicine; and

(ii) Advise the Board on any other matters related to naturopathic doctors.
Md. Code, Commercial Law § 14-1001 — MD Code / Article gcl / Title 14 / Subtitle 10 / Section 14-1001
§14–1001.
Status: in_force

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

(b) “Automotive repair facility” means any person who diagnoses or corrects malfunctions of a motor vehicle for financial profit.

(c) “Motor vehicle” has the meaning stated in Title 11 of the Transportation Article.

(d) “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.
Md. Code, Public Safety § 14-105 — MD Code / Article gps / Title 14 / Subtitle 1 / Section 14-105
§14–105.
Status: in_force

(a) There is an Emergency Management Advisory Council.

(b) The Council consists of the members that the Governor designates, including:

(1) fair and reasonable representation for local government;

(2) representation for organizations that represent volunteer firefighters and rescue squads; and

(3) representation from manufacturing, utilities, and communications industries.

(c) A member of the Council:

(1) may not receive compensation for service on the Council; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(d) The Council shall advise the Governor on all matters that relate to emergency management.

(e) On or before December 31, 2005, and on or before December 1 of each year thereafter, the Council shall submit a report to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly concerning its activities and recommendations.
Md. Code, Health Occupations § 14-406 — MD Code / Article gho / Title 14 / Subtitle 4 / Section 14-406
§14–406.
Status: in_force

(a) Following the filing of charges, if a majority of the quorum of a disciplinary panel finds that there are grounds for action under § 14–404 of this subtitle, the disciplinary panel shall pass an order in accordance with the Administrative Procedure Act.

(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote of a majority of its quorum, that there are no grounds for action under § 14–404 of this subtitle, the disciplinary panel:

(1) Immediately shall dismiss the charges and exonerate the licensee;

(2) (i) Except as provided in item (ii) of this item, shall expunge all records of the charges 3 years after the charges are dismissed; or

(ii) If the physician executes a document releasing the Board from any liability related to the charges, shall immediately expunge all records of the charges; and

(3) May not take any further action on the charges.
Md. Code, Environment § 14-113 — MD Code / Article gen / Title 14 / Subtitle 1 / Section 14-113
§14–113.
Status: in_force

On completion of a well producing gas or oil on any leased lands included under a unit operation agreement, royalties from the producing well shall be paid on all lands originally included within the unit operation agreement. Within six months after the completion of the producing well, the lands within the unit operation agreement not included as “in pool” acreage and on which no royalties are payable, shall be released, unless the owner of the lands has otherwise agreed in writing. This section does not extend to any leases and unit operation agreements in effect on June 1, 1956.
Md. Code, Health Occupations § 14-5B-03 — MD Code / Article gho / Title 14 / Subtitle 5B / Section 14-5B-03
§14–5B–03.
Status: in_force

The Board shall adopt regulations to carry out the provisions of this subtitle.
Md. Code, Public Safety § 14-604 — MD Code / Article gps / Title 14 / Subtitle 6 / Section 14-604
§14–604.
Status: in_force

The Secretary of State is authorized and directed to prepare and transmit duly authenticated copies of such compacts and of this act to the governor of each state entering into such compact, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Federal Emergency Management Agency Director, the Secretary of State of the United States, and the Council of State Governments.
Md. Code, Commercial Law § 14-4A-08 — MD Code / Article gcl / Title 14 / Subtitle 4A / Section 14-4A-08
§14–4A–08.
Status: in_force

(a) A vehicle protection product warranty shall state:

(1) One of the following, as applicable:

(i) “The obligations of the warrantor to the warranty holder under this vehicle protection product warranty are guaranteed under a warranty reimbursement insurance policy. In the event payment due under the terms of the vehicle protection product warranty is not provided by the warrantor within 60 days after proof of loss has been filed by the warranty holder in accordance with the terms of the vehicle protection product warranty, the warranty holder may file a claim directly with the insurer that issued the warranty reimbursement insurance policy.”; or

(ii) “The obligations of the warrantor to the warranty holder under this vehicle protection product warranty are backed by the full faith and credit of the warrantor.”;

(2) The name and address of the insurer that issued the warranty reimbursement insurance policy to the warrantor, if applicable;

(3) The name and address of the warrantor, the seller of the vehicle protection product, and the warranty holder;

(4) The purchase price and terms of the vehicle protection product warranty, including a recital of the warrantor’s obligations under the vehicle protection product warranty;

(5) The duration of the warranty period measured by time or, if practicable, by some measure of usage such as mileage;

(6) The procedure for making a claim, including a telephone number the warranty holder may call to make a claim;

(7) The payments or services to be provided under the vehicle protection product warranty, including payments for incidental costs, the manner of calculating or determining the payments to be provided, and any limitations, exceptions, or exclusions;

(8) The duties of the warranty holder, including:

(i) Protection of the vehicle from damage;

(ii) Notification to the warrantor in advance of any repair; and

(iii) Any other similar duty;

(9) Any terms, restrictions, or conditions relating to the transfer of the vehicle protection product warranty; and

(10) The terms and conditions governing cancellation of the vehicle protection product.

(b) A vehicle protection product warranty shall include, in a prominent location, the following statement:

“This agreement is a product warranty and is not insurance.”

(c) If the sale of a vehicle protection product includes a vehicle protection product warranty, the seller of the vehicle protection product or the warrantor shall provide to the purchaser:

(1) At the time of sale, a written copy of the vehicle protection product warranty; or

(2) (i) At the time of sale, a receipt or other written evidence of the purchase of the vehicle protection product; and

(ii) Within 30 days after the date of the purchase, a written copy of the vehicle protection product warranty.

(d) The information required under subsection (a)(3) and (5) of this section may be added to or stamped on the vehicle protection product warranty instead of being preprinted on the vehicle protection product warranty.

(e) At the time of purchase of a vehicle protection product, a warrantor may negotiate with the purchaser the purchase price and terms of the vehicle protection product warranty.

(f) A vehicle protection product warranty may provide for the reimbursement of incidental costs incurred by the warranty holder:

(1) In a fixed amount specified in the vehicle protection product warranty; or

(2) According to a formula that itemizes specific incidental costs incurred by the warranty holder.
Md. Code, Commercial Law § 14-904 — MD Code / Article gcl / Title 14 / Subtitle 9 / Section 14-904
§14–904.
Status: in_force

(a) In this section, “packaged food product” means a food product that:

(1) In advance of sale, is put up or packaged, in any manner, in units suitable for retail sale; and

(2) Is not intended for consumption at its point of manufacture.

(b) A person may not sell or offer for sale, as kosher, kosher for Passover, or as being under rabbinical or other kosher supervision any packaged food product unless:

(1) It has a kosher identification securely attached to the outside of the package; and

(2) This identification was attached to the package by the producer or packer of the product at his place of business.

(c) Subsection (b) of this section applies to any packaged food product that is marked or identified with:

(1) In any language, the words “kosher”, “parve”, “glatt”, or “rabbinical supervision”;

(2) Any other word or symbol representing to the public that the product is kosher, kosher for Passover, or under rabbinical or other kosher supervision; or

(3) The English letters “K”, “KP”, “KD”, “KM”, “KF”, “KOS”, or “RS”, except as part of a registered trademark.
Md. Code, Real Property § 14-909 — MD Code / Article grp / Title 14 / Subtitle 9 / Section 14-909
§14–909.
Status: in_force

(a) If a service agreement that is in violation of § 14–903 of this subtitle is recorded, any person with an interest in the residential property that is subject to a lien arising from the service agreement may bring an action against the service provider in the circuit court of the county where the residential property is located to request a determination that the service agreement is void and unenforceable under this subtitle.

(b) If a service agreement is determined to be void and unenforceable under subsection (a) of this section, the person who brought the action may seek:

(1) Compensatory damages; and

(2) Reasonable attorney’s fees and costs.
Md. Code, Business Regulation § 14-218 — MD Code / Article gbr / Title 14 / Subtitle 2 / Section 14-218
§14–218.
Status: in_force

(a) The Commissioner shall register an offer of a franchise if it meets the requirements of this subtitle.

(b) Unless a stop order is in effect, registration of the offer of a franchise automatically takes effect at:

(1) noon on the 30th business day after an application for registration or the last amendment to it is filed; or

(2) an earlier time that the Commissioner sets.
Md. Code, Commercial Law § 14-907 — MD Code / Article gcl / Title 14 / Subtitle 9 / Section 14-907
§14–907.
Status: in_force

Any person who violates any provision of this subtitle is guilty of a misdemeanor and is subject to the enforcement and penalty provisions set forth in Title 13 of this article.
Md. Code, Insurance § 14-121 — MD Code / Article gin / Title 14 / Subtitle 1 / Section 14-121
§14–121.
Status: in_force

(a) (1) On or before March 1 of each year, unless the Commissioner extends the time for good cause, each nonprofit health service plan shall file with the Commissioner a complete statement of its financial condition, transactions, and affairs for the immediately preceding calendar year.

(2) The annual statement shall:

(i) be in the form and have the content approved for current use by the National Association of Insurance Commissioners or its successor organization; and

(ii) contain any additional information that the Commissioner requires.

(3) The applicable fee required by § 2–112 of this article shall be submitted at the same time as the statement.

(4) Unless the Commissioner extends the time for filing, a nonprofit health service plan that fails to file an annual statement on or before March 10 shall pay a penalty of:

(i) $100 for each day from March 1 to March 10, both inclusive; and

(ii) $150 for each day from March 11 to the day before the Commissioner receives the statement, both inclusive.

(b) At any time, the Commissioner may require a nonprofit health service plan doing business in the State to file an interim statement containing the information that the Commissioner considers necessary.

(c) (1) (i) Except as provided in paragraph (2) of this subsection, on or before June 1 of each year, a nonprofit health service plan shall file with the Commissioner an audited financial report for the immediately preceding calendar year.

(ii) The nonprofit health service plan shall have the audited financial report prepared by an independent certified public accountant.

(iii) The Commissioner may:

1. set requirements for the form and content of the audited financial report; and

2. for good cause, extend the time for filing the audited financial report.

(2) With 90 days’ advance notice, the Commissioner may require a nonprofit health service plan to file an audited financial report earlier than the date specified in paragraph (1) of this subsection.

(3) (i) This paragraph does not apply to:

1. a health maintenance organization required to file an annual report under § 19–717 of the Health – General Article; or

2. an authorized insurer required to file an annual report under § 4–116 of this article.

(ii) On or before June 1 of each year, a nonprofit health service plan shall file with the Commissioner an audited financial report for each affiliate and subsidiary owned by or under the control of the nonprofit health service plan during the immediately preceding calendar year.

(iii) The Commissioner may, for good cause, extend the time for filing the audited financial reports.

(iv) The audited financial reports:

1. shall contain the information required by the Commissioner; and

2. be certified by an independent certified public accountant as to the financial condition, transactions, and affairs of each affiliate and subsidiary for the immediately preceding calendar year.

(d) As part of the audited financial reports required under subsection (c)(3) of this section, each nonprofit health service plan shall:

(1) file a consolidated financial statement that:

(i) covers the nonprofit health service plan and each of its affiliates and subsidiaries; and

(ii) consists of the financial statements of the nonprofit health service plan and each of its affiliates and subsidiaries, certified by an independent certified public accountant as to the financial condition, transactions, and affairs of the plan and its affiliates and subsidiaries for the immediately preceding calendar year;

(2) provide a list of:

(i) the names and addresses of and biographical information about the members of the board of directors of the nonprofit health service plan;

(ii) the total compensation, including all cash and deferred compensation in addition to salary, of:

1. each member of the board of directors of the nonprofit health service plan;

2. each officer of the nonprofit health service plan or any affiliate or subsidiary of the plan; and

3. any employee of the nonprofit health service plan or any affiliate or subsidiary of the plan designated by the Commissioner; and

(3) provide any other information or documents necessary for the Commissioner to ensure compliance with this subtitle.

(e) Unless the Commissioner extends the time for filing, a nonprofit health service plan that fails to file an audited financial report on or before June 10 shall pay a penalty of:

(1) $100 for each day from June 1 to June 10, both inclusive; and

(2) $150 for each day from June 11 to the day before the Commissioner receives the report, both inclusive.

(f) The statements and reports required under this section shall be in the form required by the Commissioner.

(g) Whenever a corporation authorized under this subtitle makes a change that would result in a change in any of the information required under subsection (d) of this section, the corporation shall notify the Commissioner within 30 days after the change becomes effective.
Md. Code, Commercial Law § 14-1211 — MD Code / Article gcl / Title 14 / Subtitle 12 / Section 14-1211
§14–1211.
Status: in_force

Whenever a consumer reporting agency prepares an investigative consumer report, any adverse information in the consumer report (other than information which is a matter of public record) may not be included in a subsequent consumer report unless the adverse information has been verified in the process of making the subsequent consumer report or the adverse information was received within the three-month period preceding the date the subsequent report is furnished.
Md. Code, Business Regulation § 14-123 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-123
§14–123.
Status: in_force

In connection with an offer to sell or sale of a business opportunity, a person may not use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of a business unless:

(1) the business controls the ownership interest in the seller;

(2) the business accepts responsibility for each representation that the seller makes about the business opportunity; or

(3) it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity.
Md. Code, Business Regulation § 14-127 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-127
§14–127.
Status: in_force

(a) A person who sells a business opportunity may not, in a disclosure statement or amendment to it, willfully make a false or misleading statement of a material fact or willfully omit to state a material fact required or necessary to make the statements in a disclosure statement not misleading.

(b) A person who violates this section is guilty of a felony and, on conviction, is subject for each violation to a fine not exceeding $10,000 or imprisonment not exceeding 5 years or both.
Md. Code, Commercial Law § 14-4A-07 — MD Code / Article gcl / Title 14 / Subtitle 4A / Section 14-4A-07
§14–4A–07.
Status: in_force

(a) A warrantor of a vehicle protection product sold or offered for sale in the State shall:

(1) Be insured under a warranty reimbursement insurance policy; or

(2) Maintain a net worth or stockholders’ equity of not less than $50,000,000.

(b) A warrantor that meets its financial obligation in accordance with subsection (a) of this section is not required to meet any other financial requirement or financial standard.

(c) If a warrantor elects to carry warranty reimbursement insurance under subsection (a)(1) of this section, the warranty reimbursement insurance policy purchased by the warrantor shall provide:

(1) That the insurer will pay to, or on behalf of, the warrantor all sums that the warrantor is legally obligated to pay a warranty holder under the warrantor’s vehicle protection product warranty;

(2) That, in the event payment due under the terms of the vehicle protection product warranty is not provided by the warrantor within 60 days after proof of loss has been filed by the warranty holder in accordance with the terms of the vehicle protection product warranty, the warranty holder may file a claim for reimbursement directly with the insurer;

(3) That the insurer shall be deemed to have received payment of the premium if the warranty holder paid the warrantor for the vehicle protection product warranty;

(4) That the insurer’s liability under the warranty reimbursement insurance policy may not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a vehicle protection product warranty to the insurer; and

(5) That, with regard to cancellation of the warranty reimbursement insurance policy:

(i) The insurer may not cancel the warranty reimbursement insurance policy until a written notice of cancellation has been mailed or delivered to the insured warrantor;

(ii) The cancellation of a warranty reimbursement insurance policy may not reduce the insurer’s responsibility for vehicle protection products sold before the date of cancellation; and

(iii) In the event an insurer cancels a warranty reimbursement insurance policy, the warrantor shall:

1. Discontinue offering vehicle protection product warranties as of the termination date of the warranty reimbursement insurance policy until a new warranty reimbursement insurance policy becomes effective; and

2. On obtaining a new warranty reimbursement insurance policy, file a copy of the new warranty reimbursement insurance policy with the Division.

(d) If a warrantor elects to meet its financial obligation in accordance with subsection (a)(2) of this section, the warrantor’s parent company shall guarantee the obligations of the warrantor for the vehicle protection product warranties issued by the warrantor in the State.
Md. Code, Commercial Law § 14-1804 — MD Code / Article gcl / Title 14 / Subtitle 18 / Section 14-1804
§14–1804.
Status: in_force

It shall be an unfair or deceptive trade practice under Title 13 of this article if a dealer:

(1) Fails to comply with the requirements of § 14–1802 of this subtitle; or

(2) Denies a consumer the remedies provided by § 14–1803 of this subtitle.
Md. Code, Real Property § 14-303 — MD Code / Article grp / Title 14 / Subtitle 3 / Section 14-303
§14–303.
Status: in_force

A lien established in accordance with this subtitle shall extend to the land covered by the building and to as much other land, immediately adjacent and belonging in like manner to the owner of the building, as may be necessary for the ordinary and useful purposes of the building.
Md. Code, Commercial Law § 14-2601 — MD Code / Article gcl / Title 14 / Subtitle 26 / Section 14-2601
§14–2601.
Status: in_force

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

(b) “Consumer” means a natural person.

(c) “Disclosure statement” means a written statement that includes the following information:

(1) A statement that a copy of the current financial statement of the individual or organization on whose behalf the solicitation is made is available on request; and

(2) The name of the individual or organization on whose behalf the solicitation is made and the address and telephone number where requests for a copy of the financial statement should be directed.

(d) (1) “Door-to-door solicitation” means a single or multiple request, directly or indirectly, for money or other valuable consideration or for a pledge or subsequent contribution of money or other valuable consideration, whether or not it is made in exchange for any tangible or intangible item:

(i) That promotes the programs or goals of the organization on whose behalf the solicitation is made;

(ii) That is made in person by the solicitor; and

(iii) Where the consumer’s payment, pledge, or promise is made at the consumer’s home or residence.

(2) “Door-to-door solicitation” does not include a transaction that:

(i) Is subject to:

1. The consumer debt collection law, Subtitle 2 of this title;

2. The Door-to-Door Sales Act, Subtitle 3 of this title; or

3. The Telephone Solicitation Act, Subtitle 22 of this title;

(ii) Is made in the regular course of business by any person licensed or regulated under:

1. The Insurance Article;

2. Title 11 of this article; or

3. The Business Occupations and Professions Article;

(iii) Is made in the regular course of business by:

1. Any person defined as a financial institution under the Financial Institutions Article;

2. A corporation regulated by the Maryland Public Service Commission; or

3. A broker-dealer or investment advisor registered with the Securities and Exchange Commission or the Maryland Securities Commissioner; or

(iv) Is a solicitation by or on behalf of:

1. A charitable organization, as defined in § 6-101 of the Business Regulation Article, that is exempt from federal income taxation; or

2. A fraternal organization of fire fighters, rescue or ambulance personnel, or police or other law enforcement organization soliciting for charitable purposes.

(e) “Organization” means any group, trust fund, foundation, association, corporation, society, or any combination of entities and includes an entity that is affiliated with an organization that is organized or has its principal place of business outside the State.

(f) “Solicitor” means the individual making a door-to-door solicitation.
Md. Code, Commercial Law § 14-4502 — MD Code / Article gcl / Title 14 / Subtitle 45 / Section 14-4502
§14–4502.
Status: in_force

(a) (1) This subsection does not apply to:

(i) A telephone solicitation that is an isolated transaction and not performed in the course of a pattern of repeated transactions of a similar nature;

(ii) Subject to paragraph (2) of this subsection, a noncommercial telephone solicitation for religious, charitable, political, or educational purposes;

(iii) A business–to–business sale where the telephone solicitor has been lawfully operating continuously for at least 3 years under the same business name;

(iv) A person who solicits contracts for the maintenance or repair of goods previously purchased from the person making the solicitation or on whose behalf the solicitation is made;

(v) A single telephone solicitation made to a customer or client in response to an inquiry or request from the customer or client;

(vi) A communication between a business and a customer that have an existing business contract or relationship with each other if:

1. The communication is initially intended for informational purposes only; and

2. Based on further inquiry from the customer, the communication becomes a telephone solicitation; or

(vii) A noncommercial telephone solicitation for the purpose of public opinion research.

(2) A person soliciting for noncommercial purposes under paragraph (1)(ii) of this subsection is exempt only if:

(i) The person is soliciting for a nonprofit entity; and

(ii) The entity is:

1. Registered with the Secretary of State in accordance with Title 6 of the Business Regulation Article; and

2. Exempt from taxation under § 501(c)(3), (4), or (6) of the Internal Revenue Code.

(3) Without the prior express written consent of the called party, a person may not make or cause to be made a telephone solicitation that involves:

(i) An automated system for the selection or dialing of telephone numbers; or

(ii) The playing of a recorded message when a connection is completed to the number called.

(b) (1) A person who makes or causes to be made a telephone solicitation may not:

(i) Fail to transmit or cause not to be transmitted:

1. The originating telephone number; and

2. When made available by the caller’s carrier, the name of the caller to any caller identification service in use by a called party;

(ii) Intentionally act to prevent the transmission of the telephone solicitor’s name or telephone number to the called party when the equipment or service used by the telephone solicitor is capable of creating and transmitting the telephone solicitor’s name and telephone number; or

(iii) In order to conceal the true identity of the caller, use technology that deliberately displays a different caller identification number than the number the call is originating from.

(2) It is not a violation of this subsection to substitute for the name and telephone number used in or billed for making the call:

(i) The name of the seller or other entity for whom the telephone solicitation is placed; and

(ii) The customer service telephone number of the seller or other entity.

(c) A person may not make or cause to be made a telephone solicitation, including a call made through automated dialing or a recorded message:

(1) To a called party during the hours between 8 p.m. and 8 a.m. in the called party’s time zone;

(2) More than three times to the same called party during a 24–hour period on the same subject matter or issue, regardless of the telephone numbers used to make the call; or

(3) By intentionally altering the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to:

(i) Defraud, confuse, or financially or otherwise injure the called party; or

(ii) Obtain personal information from the called party that may be used in a fraudulent or unlawful manner.
Md. Code, Insurance § 14-417 — MD Code / Article gin / Title 14 / Subtitle 4 / Section 14-417
§14–417.
Status: in_force

(a) The Commissioner may bring an action in a court of competent jurisdiction of the State to enjoin a dental plan organization from transacting any further business, or from transferring or disposing of its property, if:

(1) the dental plan organization becomes insolvent or suspends its ordinary business for lack of funds; or

(2) the Commissioner finds, as a result of an examination authorized by this subtitle or in any other manner, that:

(i) the dental plan organization is exceeding its powers or is violating the law;

(ii) the condition or methods of business of the dental plan organization may render the continuance of its operations hazardous to enrollees or the public; or

(iii) the assets of the dental plan organization are less than its liabilities.

(b) The court may:

(1) proceed in the action in a summary manner or otherwise;

(2) grant injunctive relief and appoint a receiver, with power to:

(i) sue for, collect, receive, take into possession, sell, convey, and assign all the goods and chattels, rights and credits, money and effects, lands and tenement, books, papers, choses in action, bills, notes, and property of every description belonging to the dental plan organization;

(ii) authorize the purchase of continuing coverage for enrollees utilizing the remaining assets; and

(iii) hold and dispose of any proceeds under the direction of the court; and

(3) cause the receiver to continue the existing operations of the dental plan organization, under court supervision, until the next anniversary of the subscription certificates and contracts then in force.

(c) A dental plan organization is deemed insolvent whenever it is presently or prospectively unable to fulfill its outstanding contracts and maintain the surpluses required under this subtitle.
Md. Code, Health - General § 14-203 — MD Code / Article ghg / Title 14 / Subtitle 2 / Section 14-203
§14–203.
Status: in_force

This subtitle does not affect a relative who cares for an elderly individual or a neighbor or friend who cares for an elderly individual by mutual agreement.
Md. Code, Public Safety § 14-603 — MD Code / Article gps / Title 14 / Subtitle 6 / Section 14-603
§14–603.
Status: in_force

The Governor is hereby authorized and empowered to enter into and execute, on behalf of the State of Maryland, such emergency management and civil defense compacts with other states, possessions or territories of the United States or with the District of Columbia, substantially in the form hereinbefore set forth, provided that the Board of Public Works, with the concurrence of the Secretary, may approve alterations of the terms, provisions and conditions of the aforesaid proposed emergency management and civil defense compact so long as said alterations are in substantial compliance with the terms, provisions and conditions hereinbefore set forth and when the Governor, in the exercise of the power as aforesaid, enters into and executes an emergency management and civil defense compact on behalf of the State of Maryland, said compact is hereby approved and ratified and every paragraph, clause, provision, matter and thing in the said compact contained shall be obligatory on this State and the citizens thereof, and shall be forever faithfully and inviolably observed, and kept by the government of this State and all of its citizens according to the true intent and meaning of the said compact.
Md. Code, Tax - Property § 14-854 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-854
§14–854.
Status: in_force

Property on which property tax is computed under §§ 10-103, 10-104, 10-105, 10-304, and 10-305 of this article may be sold for taxes only:

(1) during a succeeding year; and

(2) in accordance with the laws of the jurisdiction where the property is located.
Md. Code, Health Occupations § 14-5B-15 — MD Code / Article gho / Title 14 / Subtitle 5B / Section 14-5B-15
§14–5B–15.
Status: in_force

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

(i) The employer:

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

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

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

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

1. For reasons that might be grounds for disciplinary action under § 14–5B–14 of this subtitle;

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

3. Because the licensee may be unable to practice nuclear medicine technology, radiation therapy, radiography, or radiology assistance with reasonable skill and safety because of a physical or mental condition or professional incompetence; or

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

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

(i) The action taken by the employer;

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

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

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

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

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

(1) The employer knows that the licensee is:

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

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

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

(ii) The action or condition of the licensee has not caused injury to any person while the licensee is practicing as a licensed nuclear medicine technologist, licensed radiation therapist, licensed radiographer, or licensed radiologist assistant.

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

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

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

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

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

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

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

(i) (1) A disciplinary panel may impose a civil penalty of up to $5,000 for knowingly failing to report under this section.

(2) A disciplinary panel may impose a civil penalty of up to $5,000 per incident for a report made by an employer in bad faith.

(3) The Board shall remit any penalty collected under this subsection into the General Fund of the State.
Md. Code, Estates and Trusts § 14-613 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-613
§14–613.
Status: in_force

An authorized fiduciary may not exercise the decanting power to increase the authorized fiduciary’s compensation, unless:

(1) All qualified beneficiaries of the second trust consent to the increase in a signed record;

(2) A court approves the increase; or

(3) The increase is incidental to other changes made by the exercise of the decanting power.
Md. Code, Commercial Law § 14-1002 — MD Code / Article gcl / Title 14 / Subtitle 10 / Section 14-1002
§14–1002.
Status: in_force

(a) (1) Before beginning any repair work on a motor vehicle for which a customer is charged more than $50, an automotive repair facility shall give the customer on the customer’s request a written statement which contains:

(i) The estimated completion date;

(ii) The estimated price for labor and parts necessary to complete the work;

(iii) A clear statement that while the customer’s motor vehicle is on the premises of the automotive repair facility, the automotive repair facility may not be responsible for damage to the customer’s motor vehicle under certain circumstances, and that the customer should ask a representative of the automotive repair facility about the extent of its responsibility, including the extent of the insurance coverage of the automotive repair facility; and

(iv) The estimated surcharge, if any.

(2) If the fee is disclosed to the customer before the estimate is made, the automotive repair facility may charge a reasonable fee for making the estimate.

(b) An automotive repair facility may not charge a customer without his consent any amount which exceeds the written estimate by 10 percent.

(c) An automotive repair facility is not liable for breach of the written estimated completion date for a repair if the delay is caused by:

(1) An act of God;

(2) Strike;

(3) Unexpected illness; or

(4) Unexpected shortage of labor or parts.

(d) This section does not require an automotive repair facility to give a written estimate if the facility does not agree to perform the requested repair work.
Md. Code, Health Occupations § 14-5C-17 — MD Code / Article gho / Title 14 / Subtitle 5C / Section 14-5C-17
§14–5C–17.
Status: in_force

(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license, if the applicant or licensee:

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

(2) Fraudulently or deceptively uses a license;

(3) Is guilty of:

(i) Immoral conduct in the practice of polysomnography; or

(ii) Unprofessional conduct in the practice of polysomnography;

(4) Is:

(i) Professionally incompetent;

(ii) Physically incompetent; or

(iii) Mentally incompetent;

(5) Abandons a patient;

(6) Is habitually intoxicated;

(7) Is addicted to or habitually abuses any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article;

(8) Provides professional services while:

(i) Under the influence of alcohol; or

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

(9) Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(10) Willfully makes or files a false report or record in the practice of polysomnography;

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

(12) Breaches patient confidentiality;

(13) Pays or agrees to pay any sum or provide any form of remuneration or material benefit to any person for bringing or referring a patient or accepts or agrees to accept any sum or any form of remuneration or material benefit from an individual for bringing or referring a patient;

(14) Willfully makes a misrepresentation while practicing polysomnography;

(15) Willfully practices polysomnography with an unauthorized individual or aids an unauthorized individual in the practice of polysomnography;

(16) Willfully delegates a polysomnographic duty to an unlicensed individual;

(17) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine;

(18) Is disciplined by a licensing or disciplinary authority or is convicted or disciplined by a court of any state or country or is disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

(19) Fails to meet appropriate standards for the delivery of polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep center;

(20) Willfully submits false statements to collect fees for which services are not provided;

(21) (i) Has been subject to investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes; and

(ii) Has:

1. Surrendered the license, if any, issued by the state or country; or

2. Allowed the license, if any, issued by the state or country to expire or lapse;

(22) Willfully fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;

(23) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes;

(24) Practices or attempts to practice beyond the authorized scope of practice;

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

(26) Practices or attempts to practice a polysomnography procedure or uses or attempts to use polysomnography equipment if the applicant or licensee has not received education and training in the performance of the procedure or the use of the equipment;

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

(28) Fails to complete a criminal history records check under § 14–308.1 of this title.

(b) Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board or a disciplinary panel takes any action under subsection (a) of this section, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board or the disciplinary panel in accordance with the hearing requirements of § 14–405 of this title.

(c) (1) On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the licensee is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

(2) After completion of the appellate process if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General.

(d) (1) If, after a hearing under § 14–405 of this title, a disciplinary panel finds that there are grounds under subsection (a) of this section to suspend or revoke a license, to reprimand a licensee, or to place a licensee on probation, the disciplinary panel may impose a fine subject to the Board’s regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.

(2) The Board shall pay any fines collected under this section into the General Fund of the State.

(e) In addition to any sanction authorized under this section, a disciplinary panel may require a licensee to comply with specified terms and conditions determined by the disciplinary panel.
Md. Code, Alcoholic Beverages and Cannabis § 14-1002 — MD Code / Article gab / Title 14 / Subtitle 10 / Section 14-1002
§14–1002.
Status: in_force

(a) There is an organizational license.

(b) The Board may issue the license to a fraternal organization, volunteer fire department, or volunteer rescue squad for use on the premises that the organization, fire department, or rescue squad owns or regularly uses to hold functions.

(c) The license authorizes the holder to sell beer, wine, and liquor by the drink for on–premises consumption.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 14–2004 of this title.

(e) The annual license fee is $500.
Md. Code, Alcoholic Beverages and Cannabis § 14-1402 — MD Code / Article gab / Title 14 / Subtitle 14 / Section 14-1402
§14–1402.
Status: in_force

In addition to any other fee required for a license, an administrative fee of $250 shall be charged for an application for a new license.
Md. Code, Public Safety § 14-3A-07 — MD Code / Article gps / Title 14 / Subtitle 3A / Section 14-3A-07
§14–3A–07.
Status: in_force

The authority granted under this subtitle is in addition to, and not in derogation of, any other authority that the Governor, the Secretary, or any other public official may exercise under other law.
Md. Code, Health Occupations § 14-5C-09 — MD Code / Article gho / Title 14 / Subtitle 5C / Section 14-5C-09
§14–5C–09.
Status: in_force

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

(b) The applicant shall:

(1) Be of good moral character;

(2) Be at least 18 years old; and

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

(c) An applicant for a polysomnographic technologist license shall:

(1) Have passed the national certifying examination given by the Board of Registered Polysomnographic Technologists or another examination approved by the Board;

(2) Submit to the Board proof of certification as a registered polysomnographic technologist or other national certification approved by the Board;

(3) (i) 1. Have graduated from a polysomnographic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; or

2. A. Have graduated from a sleep technologist educational program that is accredited by the American Academy of Sleep Medicine; and

B. Have completed a clinical component of an educational program as established by the Committee and approved by the Board;

(ii) 1. Have graduated from a respiratory care educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; and

2. Have completed the Committee on Accreditation for Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the Commission on Accreditation of Allied Health Education Programs; or

(iii) 1. Have graduated from an electroneuro–diagnostic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; and

2. Have completed additional units, modules, and courses of instruction focused on polysomnographic technology that are accredited by the Commission on Accreditation of Allied Health Education Programs; and

(4) Meet any other educational or clinical requirements established by the Committee and approved by the Board.
Md. Code, Commercial Law § 14-906 — MD Code / Article gcl / Title 14 / Subtitle 9 / Section 14-906
§14–906.
Status: in_force

A violation of any provision of this subtitle is an unfair or deceptive trade practice within the meaning of Title 13 of this article.
Md. Code, Public Safety § 14-114 — MD Code / Article gps / Title 14 / Subtitle 1 / Section 14-114
§14–114.
Status: in_force

(a) A person may not violate an order, rule, or regulation issued under the authority of this subtitle.

(b) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

(2) A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.
Md. Code, Environment § 14-401 — MD Code / Article gen / Title 14 / Subtitle 4 / Section 14-401
§14–401.
Status: in_force

The Governor, for and in the name of the State of Maryland, shall join with other states in the interstate compact to conserve oil and gas, which was executed in Dallas, Texas, on February 16, 1935, and is now deposited with the Department of State of the United States, and which has been extended with the consent of Congress.
Md. Code, Tax - Property § 14-840 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-840
§14–840.
Status: in_force

At the same time the summons is issued as provided by § 14-839 of this subtitle, the court shall pass an order of publication directed to all defendants, naming them as provided by this subtitle. The property shall be described in the order of publication as the property is described on the collector’s certificate of tax sale. The order of publication shall warn any person that has or claims to have an interest in the property to answer the complaint or to redeem the property on or before the date named in the order of publication and in case of failure to appear, answer, or redeem the property a judgment will be entered that forecloses all rights of redemption in the property. The date named may not be less than 60 days from the date of the order. When the order of publication is issued and published, any person that has any right, title, interest, claim, lien, or equity of redemption in the property is bound by the judgment of the court that may be passed in the case as if the person were personally served with process. The order of publication shall be in substantially the following form:

Order of Publication

“The object of this proceeding is to secure the foreclosure of all rights of redemption in the following property .... in the ...., sold by the Collector of Taxes for the .... of .... and the State of Maryland to the plaintiff in this proceeding:

(Here insert description of property in substantially the same form as the description appearing on the Collector’s certificate of tax sale.)

The complaint states, among other things, that the amounts necessary for redemption have not been paid.

It is thereupon this .... day of ...., 20.., by the Circuit Court for ...., Ordered, That notice be given by the insertion of a copy of this order in some newspaper having a general circulation in .... once a week for 3 successive weeks, warning all persons interested in the property to appear in this Court by the .... day of ...., 20.., and redeem the property .... and answer the complaint or thereafter a final judgment will be entered foreclosing all rights of redemption in the property, and vesting in the plaintiff a title, free and clear of all encumbrances.”.
Md. Code, Alcoholic Beverages and Cannabis § 14-1405 — MD Code / Article gab / Title 14 / Subtitle 14 / Section 14-1405
§14–1405.
Status: in_force

(a) If a licensed premises is located in a municipality:

(1) 50% of the net license fees shall be paid to the municipality; and

(2) 50% of the net license fees shall be paid to the county for the purposes of the county.

(b) If a licensed premises is located outside a municipality, all of the net license fees shall be paid to the county.
Md. Code, Health - General § 14-403.1 — MD Code / Article ghg / Title 14 / Subtitle 4 / Section 14-403.1
§14–403.
Status: in_force

§14–403.1.

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

(2) “Applicant” means an individual who is seeking to become a youth camp owner, operator, employee, or volunteer who will have access to a camper.

(3) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) The Department shall apply to the Central Repository for an applicant’s:

(1) State criminal history records check; and

(2) National criminal history records check.

(c) As part of the application for a criminal history records check, the Department shall submit to the Central Repository:

(1) A complete set of the applicant’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

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

(3) The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(d) In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Department the applicant’s criminal history record information.

(e) Information obtained from the Central Repository under this section:

(1) Is confidential;

(2) May not be redisseminated; and

(3) May be used only for the personnel screening procedures authorized by this subtitle.

(f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

(g) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Department revised criminal history record information for the applicant.
Md. Code, Real Property § 14-124 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-124
§14–124.
Status: in_force

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

(2) “Community association” means a Maryland nonprofit association, corporation, or other organization that is located exclusively in an area of the county that is outside of a municipal corporation and:

(i) Is comprised of at least 25% of adult residents of a local community consisting of 40 or more individual, contiguous households as defined by specific geographic boundaries in the bylaws or charter of the association;

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

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

(iv) Has been in existence for at least 2 years when it files suit under this section;

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

(vi) In the case of a Maryland corporation, is in good standing.

(3) “Local code violation” means a violation under the following provisions of the Prince George’s County Code as amended from time to time or under any applicable code relating to the following provisions incorporated into the Prince George’s County Code by reference:

(i) Animal control regulations (§ 3–131 et seq.) and other rules, regulations, and standards (§ 3–175 et seq.) under Subtitle 3;

(ii) Building Code under Subtitle 4, Division 1;

(iii) Fire Prevention Code under Subtitle 11, Division 4;

(iv) Pest control provisions under Subtitle 12, Division 5;

(v) Housing Code, property standards and maintenance, and antilitter and weed ordinance, under Subtitle 13, Divisions 1, 7, and 9, respectively;

(vi) Sewage disposal nuisances under Subtitle 22, Division 3, Subdivision 3; and

(vii) Abandoned vehicles under Subtitle 26, Division 14.

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

(i) Significantly affects other residents of the neighborhood;

(ii) Negatively impacts the value of neighboring property; and

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

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

(b) This section only applies to a nuisance located within the boundaries of Prince George’s County.

(c) (1) A community association may seek injunctive and other equitable relief in the circuit court for abatement of a nuisance upon showing:

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

(ii) The nuisance has not been abated.

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

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

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

(ii) The notice shall specify:

1. The nature of the alleged nuisance;

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

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

4. The relief sought.

(iii) The notice shall be provided to the tenant, if any, and the owner of record in the same manner as service of process in a civil in personam action under the Maryland Rules.

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

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

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

(4) A proceeding under this section shall:

(i) Take precedence on the docket;

(ii) Be heard at the earliest practicable date; and

(iii) Be expedited in every way.

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

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

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

(i) Challenging any zoning application or approval;

(ii) In which the alleged nuisance consists of:

1. A condition relating to lead paint; or

2. An interior physical defect of a property;

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

(iv) Involving any matter in which a certificate, license, permit, or registration is required or allowed under the Environment Article.
Md. Code, Public Safety § 14-3A-06 — MD Code / Article gps / Title 14 / Subtitle 3A / Section 14-3A-06
§14–3A–06.
Status: in_force

A health care provider is immune from civil or criminal liability if the health care provider acts in good faith and under a catastrophic health emergency proclamation.
Md. Code, Alcoholic Beverages and Cannabis § 14-1406 — MD Code / Article gab / Title 14 / Subtitle 14 / Section 14-1406
§14–1406.
Status: in_force

A retail license holder is not entitled to a refund for a license issued in the county.
Md. Code, Environment § 14-305 — MD Code / Article gen / Title 14 / Subtitle 3 / Section 14-305
§14–305.
Status: in_force

A person may not drill, bore, drive, dig, or otherwise conduct any operation for the purpose of obtaining access to a pocket or other underground area for the purpose of storing natural or artificial gas or petroleum products and their derivatives, unless a permit for the operation, construction, and storage has been first obtained from the Department. Nothing in this subtitle shall be construed to apply to the installation or maintenance of underground tanks or vessels commonly used to store these products.
Md. Code, Commercial Law § 14-2003 — MD Code / Article gcl / Title 14 / Subtitle 20 / Section 14-2003
§14–2003.
Status: in_force

(a) A person who leases vehicles to lessees may not:

(1) Make any false, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind that has the capacity, tendency, or effect of deceiving or misleading a consumer or lessee;

(2) By any means advertise or offer to the public any motor vehicle without intent to lease it as advertised or offered;

(3) Misrepresent a lease of a motor vehicle as a sale;

(4) Fail to include any dealer processing or freight charges in determining the adjusted capitalized cost used to calculate the base lease payment shown in an advertisement for a leased vehicle; or

(5) Advertise to the general public a capitalized cost reduction to the lessee unless the capitalized cost reduction is offered to all potential lessees.

(b) (1) Except as allowed by paragraph (2) of this subsection, in offering to allow a lessee to cure a default by entering into a new lease for the same motor vehicle, a lessor may not include in the new lease any material provision that is less favorable to the lessee than the provisions of the original lease.

(2) A lessor may include in a lease under paragraph (1) of this subsection an increase in one or more of the following:

(i) The security deposit;

(ii) The down payment paid to the lessor; or

(iii) The lease payments, so long as the total of scheduled lease payments over the term of the new lease does not exceed the total of scheduled lease payments under the original lease.
Md. Code, Public Safety § 14-210 — MD Code / Article gps / Title 14 / Subtitle 2 / Section 14-210
§14–210.
Status: in_force

(a) In a proceeding in a court against a person in emergency management service or person suffering injury or damage:

(1) on its own initiative the court may:

(i) stay the execution of a judgment or order entered against the person in emergency management service or person suffering injury or damage; and

(ii) vacate or stay an attachment or garnishment of property, money, or debts held by another person, whether before or after judgment; and

(2) subject to subsection (c) of this section, on motion of the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, the court shall:

(i) stay the execution of a judgment or order entered against the person in emergency management service or person suffering injury or damage; and

(ii) vacate or stay an attachment or garnishment of property, money, or debts held by another person, whether before or after judgment.

(b) This section applies to a proceeding in a court before or during the period that the person is, or within 60 days after the person ceased to be, a person in emergency management service or person suffering injury or damage.

(c) The court need not vacate or stay a judgment or order entered or sought under this section if the court finds that the ability of the defendant to comply with the judgment or order entered or sought was not materially affected because the defendant was a person in emergency management service or person suffering injury or damage.
Md. Code, Health - General § 14-206 — MD Code / Article ghg / Title 14 / Subtitle 2 / Section 14-206
§14–206.
Status: in_force

(a) The Department shall adopt rules and regulations that set the standards necessary for the welfare and safety of elderly individuals who receive care in day care centers for the elderly.

(b) Before the Department adopts a proposed plan, rule, or regulation under this subtitle, the Department shall submit the plan, rule, or regulation to the Department of Aging for its recommendations.
Md. Code, Commercial Law § 14-1403 — MD Code / Article gcl / Title 14 / Subtitle 14 / Section 14-1403
§14–1403.
Status: in_force

A violation of this subtitle is:

(1) An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.
Md. Code, Estates and Trusts § 14-407 — MD Code / Article get / Title 14 / Subtitle 4 / Section 14-407
§14–407.
Status: in_force

(a) The following form may be used to create a trust by transfer:

“Transfer Under the Maryland Discretionary Trust Act

(A). I, _______________ (name of transferor or name of representative capacity if a fiduciary), transfer the property described in paragraph D to the trustee named in paragraph B, and such trustee’s successors, to be held in trust under the Maryland Discretionary Trust Act by the trustee for the benefit of the beneficiary named in paragraph C.

(B) (1) The�trustee�shall�be�________________________________________

(name one or more).

(2) At any time when the trustee is unable to serve as trustee, the following persons shall succeed as trustee in the order named (specify who replaces whom for multiple trustees):

(i) ________________________________________________________

(ii) ________________________________________________________

(iii) ________________________________________________________

(C) The beneficiary shall be ______________________________________________

(name one only)

(D) The trust property shall be:

(1) ______________________________________________________________

(2) ______________________________________________________________

(E) The trust shall terminate upon the first to occur of (check those applicable):

(1) ________ the death of the beneficiary

(2) ________ the following date: _____________________________________

(3) ________ the following event: ____________________________________

(F) Upon termination, the remaining trust property shall be distributed to

___________________________________________________________________

(name person or persons)

(G) Revocability (check one):

(1) ________ The transferor may revoke this trust.

(2) ________ The transferor may not revoke this trust.

Signature of transferor __________________________________________________

Date of execution _______________________________________________________

Signature of witness ____________________________________________________

Date: ____________________________________________________________

Name of attorney preparing this statement of transfer:

__________________________________________________________________

State of Maryland, __________________________ : ss

I hereby certify that on __________ (fill in date) before me, a notary public of the State of Maryland, personally appeared ____________________________________________ (name of transferor) known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and who acknowledges that he/she (strike one) executed the same for the purposes therein contained.

Witness my hand and Notarial Seal.

_________________________________

Notary Public

My commission expires: _______________.”

(b) The following form may be used to create a trust by declaration:

“Declaration of Trust Under the Maryland Discretionary Trust Act

(A) I, __________________________________________________ (name of property owner) declare that henceforth I as trustee will hold the property described in paragraph D in trust under the Maryland Discretionary Trust Act for the benefit of the beneficiary named in paragraph C.

(B) (1) At any time when I am unable to serve as trustee, the trustee shall be:

_____________________________________________________________________________

(name one or more)

(2) At any time when the trustee who succeeds me is unable to serve as trustee, the following persons shall succeed as trustee in the order named (specify who replaces whom for multiple trustees):

(i) _________________________________________________________

(ii) ________________________________________________________

(iii) _______________________________________________________

(C) The beneficiary shall be _____________________________________________

(D) The trust property shall be:

(1) ______________________________________________________________

(2) ______________________________________________________________

(E) The trust shall terminate upon the first to occur of (check those applicable):

(1) ________ The death of the beneficiary

(2) ________ The following date: ____________________________________

(3) ________ The following event: ___________________________________

__________________________________________________________________

(F) Upon termination, the remaining trust property shall be distributed to

________________________________________________________________________

(name person or persons)

(G) Revocability (check one):

(1) _______ The declarant may revoke this trust

(2) _______ The declarant may not revoke this trust

Signature of declarant ________________________________________________

Date of execution _____________________________________________________

Signature of witness __________________________________________________

Date _________________________________________________________________

Name of attorney preparing this declaration:

__________________________________________________________

State of Maryland, __________________________ : ss

I hereby certify that on ____________________ (fill in date) before me, a notary public of the State of Maryland, personally appeared _______________________ (name of declarant) known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and who acknowledges that he/she (strike one) executed the same for the purposes therein contained.

Witness my hand and Notarial Seal.

_________________________________

Notary Public

My commission expires: ____________.”
Md. Code, Family Law § 14-104 — MD Code / Article gfl / Title 14 / Subtitle 1 / Section 14-104
§14–104.
Status: in_force

(a) This title does not prevent any appropriation of additional funds by any county, including Baltimore City, for adult protective services.

(b) The services provided under this title are supplementary to any services provided under the Older Americans Act.
Md. Code, Commercial Law § 14-4301 — MD Code / Article gcl / Title 14 / Subtitle 43 / Section 14-4301
§14–4301.
Status: in_force

In this subtitle, “Unit” means the Senior and Vulnerable Adult Asset Recovery Unit.
Md. Code, Health - General § 14-204 — MD Code / Article ghg / Title 14 / Subtitle 2 / Section 14-204
§14–204.
Status: in_force

The Maryland Department of Health:

(1) Has the primary responsibility, in conjunction with the Department of Human Services and the Department of Aging, to provide the guidance and means for establishing day care centers for the elderly in accordance with this subtitle; and

(2) Shall recruit and encourage the establishment of day care centers for the elderly and provide for their licensing.
Md. Code, Commercial Law § 14-106 — MD Code / Article gcl / Title 14 / Subtitle 1 / Section 14-106
§14–106.
Status: in_force

If the Division has reason to believe that a sales agency has violated any provision of this subtitle or any rule or regulation adopted under § 14-105 of this subtitle, the Attorney General or the Division at his direction may institute a proceeding under Title 13 of this article.
Md. Code, Health Occupations § 14-5F-20 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-20
§14–5F–20.
Status: in_force

(a) Following the filing of charges or notice of initial denial of a license application, the Board shall disclose the filing to the public on the Board’s website.

(b) The Board shall create and maintain a public individual profile on each licensee that includes the following information:

(1) A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under § 14–5F–18 of this subtitle based on the charges or has rescinded the charges;

(2) A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10–year period that includes a copy of the public order;

(3) A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10–year period if the Board knows about the disciplinary action;

(4) A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude that is the basis for disciplinary action taken under § 14–5F–18(c) of this subtitle; and

(5) The public address of the licensee.

(c) In addition to the information required under subsection (b) of this section, the Board shall include on each licensee’s profile a statement of information to be taken into consideration by a consumer when viewing a licensee’s profile, including a disclaimer stating that a charging document does not indicate a final finding of guilt by a disciplinary panel.

(d) The Board:

(1) On receipt of a written request for a licensee’s profile from any person, shall forward a written copy of the profile to the person; and

(2) Shall maintain a website that serves as a single point of entry where all licensee profile information is available to the public on the Internet.

(e) The Board shall provide a mechanism for the notification and prompt correction of any factual inaccuracies in a licensee’s profile.

(f) The Board shall include information relating to charges filed against a licensee by a disciplinary panel and any final disciplinary action taken by a disciplinary panel against a licensee in the licensee’s profile within 10 days after the charges are filed or the action becomes final.
Md. Code, Commercial Law § 14-2704 — MD Code / Article gcl / Title 14 / Subtitle 27 / Section 14-2704
§14–2704.
Status: in_force

(a) (1) This subtitle may not be deemed to limit rights or remedies available to a consumer under any other law or contract.

(2) A consumer’s rights under this subtitle may not be limited by the provisions of Title 2A of the Uniform Commercial Code.

(b) Any waiver by a consumer of rights under this subtitle is void.
Md. Code, Commercial Law § 14-404 — MD Code / Article gcl / Title 14 / Subtitle 4 / Section 14-404
§14–404.
Status: in_force

(a) (1) A guarantor shall fulfill the guarantor’s guaranty according to its terms:

(i) Within a reasonable time; and

(ii) For the stated period of the guaranty or, if no period is stated, for a reasonable period of time.

(2) A provider shall fulfill the obligations under the service contract according to its terms:

(i) At or within the period stated in the service contract, or if no period is stated, within a reasonable time; and

(ii) For the stated duration of the service contract.

(b) (1) (i) A guaranty is extended automatically when a guarantor fails to repair successfully a malfunctioning or defective product within the guaranty period.

(ii) The guaranty does not terminate until the consumer product successfully performs its intended function for the remaining period of the guaranty plus a period equal to the time of repair.

(2) (i) A service contract is extended automatically when the provider fails to perform the services under the service contract.

(ii) The service contract does not terminate until the services are provided in accordance with the terms of the service contract.

(c) If a guaranty fails to disclose the information required by § 14-403 of this subtitle, the guarantor shall, without charge and within a reasonable period of time:

(1) Repair a malfunctioning or defective consumer product; or

(2) If repair is not commercially practicable or cannot be timely made, replace the malfunctioning or defective consumer product.

(d) (1) If a guarantor is unable to fulfill the terms of the guaranty within 10 days of the tender or delivery of a consumer product to the guarantor, the guarantor shall provide on request of the person guaranteed a brief written explanation of the reasons for the delay.

(2) If a provider is unable to fulfill the terms of the service contract within 10 days after the date on which the provider is required to perform obligations under the service contract, the provider shall provide on request of the person guaranteed a brief written explanation of the reasons for the delay.
Md. Code, Health Occupations § 14-101 — MD Code / Article gho / Title 14 / Subtitle 1 / Section 14-101
§14–101.
Status: in_force

§14–101. IN EFFECT

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

(a–1) “Advisory committee” means a committee appointed by the Board that includes members of a profession regulated under this title or Title 15 of this article and formed to:

(1) Further the Board’s regulation of applicants and licensees of the regulated profession;

(2) Assist the Board in protecting the health, safety, and welfare of the public; and

(3) Make recommendations about the regulated profession to the Board on request.

(a–2) “Allied health professional” means an individual licensed by the Board under Subtitle 5A, 5B, 5C, 5D, 5E, 5F, or 5G of this title or Title 15 of this article.

(a–3) “Alternative health system” has the meaning stated in § 1–401 of this article.

(a–4) “Applicant” means, unless the context requires otherwise, an individual applying for initial licensure, renewal, or reinstatement as a physician or an allied health professional in the State.

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

(c) “Board certified” means the physician is certified by a public or private board, including a multidisciplinary board, and the certifying board:

(1) Is:

(i) A member of the American Board of Medical Specialties;

(ii) An American Osteopathic Association certifying board;

(iii) The Royal College of Physicians and Surgeons of Canada; or

(iv) The College of Family Physicians of Canada; or

(2) Requires that, in order to be certified, the physician:

(i) Complete a postgraduate training program that:

1. Provides complete training in the specialty or subspecialty; and

2. Is accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; and

(ii) Be certified by:

1. The member board of the American Board of Medical Specialties;

2. The American Osteopathic Association in the training field;

3. The Royal College of Physicians and Surgeons of Canada; or

4. The College of Family Physicians of Canada.

(d) “Civil action” includes a health care malpractice claim under Title 3, Subtitle 2A of the Courts Article.

(d–1) “Compact physician” means a physician licensed under the Interstate Medical Licensure Compact established under § 14–3A–01 of this title.

(e) (1) “Cosmetic surgical procedure” means the use of surgical services to reshape the structure of a human body in order to change the appearance of an individual.

(2) Except as provided in paragraph (3) of this subsection, “cosmetic surgical procedure” does not include:

(i) A procedure done under local anesthesia or mild sedation; or

(ii) Liposuction that removes less than 1,000 cubic centimeters of aspirate.

(3) “Cosmetic surgical procedure” includes any procedure under paragraph (2) of this subsection that, under the circumstances established by the Secretary in regulations adopted under Title 19, Subtitle 3C of the Health – General Article, is a cosmetic surgical procedure.

(e–1) “Disciplinary panel” means a disciplinary panel of the Board established under § 14–401 of this title.

(e–2) “Employer” means a person that enters an arrangement for professional services, whether paid or unpaid or contractual or otherwise, with an individual licensed under this title or Title 15 of this article.

(f) “Hospital” has the meaning stated in § 19–301 of the Health – General Article.

(g) “License” means, unless the context requires otherwise, a license issued by the Board to practice medicine or an allied health profession regulated by the Board.

(h) “Licensed physician” means, unless the context requires otherwise, a physician, including a doctor of osteopathy, who is licensed by the Board to practice medicine.

(i) “Licensee” means an individual to whom the Board issues a license, including an individual practicing medicine within or as a professional corporation or professional association.

(j) “MedChi” means the Maryland State Medical Society.

(k) “Mild sedation” means a drug–induced state during which:

(1) A patient is able to respond to verbal commands;

(2) A patient’s ventilatory and cardiovascular functions are not affected; and

(3) A patient’s cognitive function and coordination may be impaired.

(l) “Perform acupuncture” means to stimulate a certain point or points on or near the surface of the human body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of ailments or conditions of the body.

(m) “Physician” means an individual who practices medicine.

(n) “Physician assistant” means an individual licensed under Title 15 of this article to practice as a physician assistant.

(o) (1) “Practice medicine” means to engage, with or without compensation, in medical:

(i) Diagnosis;

(ii) Healing;

(iii) Treatment; or

(iv) Surgery.

(2) “Practice medicine” includes doing, undertaking, professing to do, and attempting any of the following:

(i) Diagnosing, healing, treating, preventing, prescribing for, or removing any physical, mental, or emotional ailment or supposed ailment of an individual:

1. By physical, mental, emotional, or other process that is exercised or invoked by the practitioner, the patient, or both; or

2. By appliance, test, drug, operation, or treatment;

(ii) Ending of a human pregnancy; and

(iii) Performing acupuncture as provided under § 14–504 of this title.

(3) “Practice medicine” does not include:

(i) Selling any nonprescription drug or medicine;

(ii) Practicing as an optician; or

(iii) Performing a massage or other manipulation by hand, but by no other means.

(p) “Registered cardiovascular invasive specialist” means an individual who is credentialed by Cardiovascular Credentialing International or another credentialing body approved by the Board to assist in cardiac catheterization procedures in a hospital under the direct, in–person supervision of a licensed physician.

(q) “Rehabilitation Program” means the program of the Board or the nonprofit entity with which the Board contracts under § 14–401.1(g) of this title that evaluates and provides assistance to impaired physicians and allied health professionals who are directed by the Board to receive treatment and rehabilitation for alcoholism, chemical dependency, or other physical, emotional, or mental conditions.

(r) “Related institution” has the meaning stated in § 19–301 of the Health – General Article.

§14–101. // EFFECTIVE JUNE 30, 2030 PER CHAPTER 313 OF 2022 //

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

(a–1) “Advisory committee” means a committee appointed by the Board that includes members of a profession regulated under this title or Title 15 of this article and formed to:

(1) Further the Board’s regulation of applicants and licensees of the regulated profession;

(2) Assist the Board in protecting the health, safety, and welfare of the public; and

(3) Make recommendations about the regulated profession to the Board on request.

(a–2) “Allied health professional” means an individual licensed by the Board under Subtitle 5A, 5B, 5C, 5D, 5E, 5F, or 5G of this title or Title 15 of this article.

(a–3) “Alternative health system” has the meaning stated in § 1–401 of this article.

(a–4) “Applicant” means, unless the context requires otherwise, an individual applying for initial licensure, renewal, or reinstatement as a physician or an allied health professional in the State.

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

(c) “Board certified” means the physician is certified by a public or private board, including a multidisciplinary board, and the certifying board:

(1) Is:

(i) A member of the American Board of Medical Specialties;

(ii) An American Osteopathic Association certifying board;

(iii) The Royal College of Physicians and Surgeons of Canada; or

(iv) The College of Family Physicians of Canada; or

(2) Requires that, in order to be certified, the physician:

(i) Complete a postgraduate training program that:

1. Provides complete training in the specialty or subspecialty; and

2. Is accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; and

(ii) Be certified by:

1. The member board of the American Board of Medical Specialties;

2. The American Osteopathic Association in the training field;

3. The Royal College of Physicians and Surgeons of Canada; or

4. The College of Family Physicians of Canada.

(d) “Civil action” includes a health care malpractice claim under Title 3, Subtitle 2A of the Courts Article.

(e) (1) “Cosmetic surgical procedure” means the use of surgical services to reshape the structure of a human body in order to change the appearance of an individual.

(2) Except as provided in paragraph (3) of this subsection, “cosmetic surgical procedure” does not include:

(i) A procedure done under local anesthesia or mild sedation; or

(ii) Liposuction that removes less than 1,000 cubic centimeters of aspirate.

(3) “Cosmetic surgical procedure” includes any procedure under paragraph (2) of this subsection that, under the circumstances established by the Secretary in regulations adopted under Title 19, Subtitle 3C of the Health – General Article, is a cosmetic surgical procedure.

(e–1) “Disciplinary panel” means a disciplinary panel of the Board established under § 14–401 of this title.

(e–2) “Employer” means a person that enters an arrangement for professional services, whether paid or unpaid or contractual or otherwise, with an individual licensed under this title or Title 15 of this article.

(f) “Hospital” has the meaning stated in § 19–301 of the Health – General Article.

(g) “License” means, unless the context requires otherwise, a license issued by the Board to practice medicine or an allied health profession regulated by the Board.

(h) “Licensed physician” means, unless the context requires otherwise, a physician, including a doctor of osteopathy, who is licensed by the Board to practice medicine.

(i) “Licensee” means an individual to whom the Board issues a license, including an individual practicing medicine within or as a professional corporation or professional association.

(j) “MedChi” means the Maryland State Medical Society.

(k) “Mild sedation” means a drug–induced state during which:

(1) A patient is able to respond to verbal commands;

(2) A patient’s ventilatory and cardiovascular functions are not affected; and

(3) A patient’s cognitive function and coordination may be impaired.

(l) “Perform acupuncture” means to stimulate a certain point or points on or near the surface of the human body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of ailments or conditions of the body.

(m) “Physician” means an individual who practices medicine.

(n) “Physician assistant” means an individual licensed under Title 15 of this article to practice as a physician assistant.

(o) (1) “Practice medicine” means to engage, with or without compensation, in medical:

(i) Diagnosis;

(ii) Healing;

(iii) Treatment; or

(iv) Surgery.

(2) “Practice medicine” includes doing, undertaking, professing to do, and attempting any of the following:

(i) Diagnosing, healing, treating, preventing, prescribing for, or removing any physical, mental, or emotional ailment or supposed ailment of an individual:

1. By physical, mental, emotional, or other process that is exercised or invoked by the practitioner, the patient, or both; or

2. By appliance, test, drug, operation, or treatment;

(ii) Ending of a human pregnancy; and

(iii) Performing acupuncture as provided under § 14–504 of this title.

(3) “Practice medicine” does not include:

(i) Selling any nonprescription drug or medicine;

(ii) Practicing as an optician; or

(iii) Performing a massage or other manipulation by hand, but by no other means.

(p) “Registered cardiovascular invasive specialist” means an individual who is credentialed by Cardiovascular Credentialing International or another credentialing body approved by the Board to assist in cardiac catheterization procedures in a hospital under the direct, in–person supervision of a licensed physician.

(q) “Rehabilitation Program” means the program of the Board or the nonprofit entity with which the Board contracts under § 14–401.1(g) of this title that evaluates and provides assistance to impaired physicians and allied health professionals who are directed by the Board to receive treatment and rehabilitation for alcoholism, chemical dependency, or other physical, emotional, or mental conditions.

(r) “Related institution” has the meaning stated in § 19–301 of the Health – General Article.
Md. Code, Estates and Trusts § 14-408 — MD Code / Article get / Title 14 / Subtitle 4 / Section 14-408
§14–408.
Status: in_force

This subtitle may be cited as the “Maryland Discretionary Trust Act”.
Md. Code, Commercial Law § 14-4905 — MD Code / Article gcl / Title 14 / Subtitle 49 / Section 14-4905
§14–4905.
Status: in_force

(a) This section applies only to third–party gift card resellers.

(b) Subject to subsection (c) of this section, when a third–party gift card reseller buys or sells an open– or a closed–loop gift card as part of a transaction occurring in the State, the third–party gift card reseller shall record and for at least 3 years maintain a copy of the following information, as applicable:

(1) The date of the transaction;

(2) The name of the person who conducted the transaction;

(3) The name, age, and address of the seller of the gift card;

(4) The seller’s and consumer’s driver’s license number or identification card number;

(5) A description of the purchased gift card, including:

(i) The retailer for which the gift card is intended for use; and

(ii) The gift card number;

(6) The specific amount issued on the gift card;

(7) The prices paid to conduct the transaction; and

(8) The signature of the consumer.

(c) (1) The information recorded and maintained under subsection (b) of this section shall chronologically be written in ink or logged into a secure database, software system, or other similar technology platform.

(2) Except as provided in paragraph (3) of this subsection, recorded information may not be destroyed, altered, or erased.

(3) A handwritten correction may be made to an entry of information by drawing a line of ink through the entry in a manner that retains legibility.

(4) Information recorded under this section shall be open to inspection by any duly authorized law enforcement officer:

(i) During the ordinary business hours of the third–party gift card reseller; or

(ii) At any reasonable time.

(d) A third–party gift card reseller, including an agent or employee of the third–party gift card reseller, may not:

(1) Fail to make an entry of or falsify, destroy, or remove any information required to be recorded and maintained under this section;

(2) Refuse to allow any duly authorized law enforcement officer to inspect a record of information or open– or closed–loop gift cards in the third–party gift card reseller’s possession during the ordinary business hours of the reseller or at any reasonable time; or

(3) Fail to maintain a record of each open– or closed–loop gift card transaction for at least 3 years.

(e) On the filing of an official report to a law enforcement agency by any person alleging to be a victim of theft of one or more open– or closed–loop gift cards with an aggregate value exceeding $500, the law enforcement agency may request that the issuer of the gift cards or the issuer’s agents preserve and provide to the law enforcement agency all relevant evidence reasonably foreseeable as of assistance to future criminal actions in accordance with State law.
Md. Code, Business Regulation § 14-126 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-126
§14–126.
Status: in_force

(a) (1) If a seller violates a provision of §§ 14-120 through 14-125 of this subtitle, the buyer, within 1 year after the date of a contract for the sale of a business opportunity:

(i) may void the contract; and

(ii) is entitled to receive from the seller a refund of any money paid to the seller.

(2) On receipt of the refund, the buyer shall make available to the seller any products, equipment, or supplies received from the seller at:

(i) the buyer’s address; or

(ii) the place where the products, equipment, or supplies were located when notice to void the contract was given.

(3) However, the buyer may not be unjustly enriched by exercising a remedy under this subsection.

(b) A buyer may sue for damages, including reasonable attorney’s fees, if the buyer is injured by:

(1) a violation of this subtitle; or

(2) the seller’s breach of a contract for the sale of a business opportunity.

(c) On complaint that a seller has violated this subtitle, the circuit court may enjoin the seller from further violation.

(d) The remedies in this section are in addition to any other remedy provided by law or in equity.
Md. Code, Commercial Law § 14-1302 — MD Code / Article gcl / Title 14 / Subtitle 13 / Section 14-1302
§14–1302.
Status: in_force

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

(2) “Amounts paid by the debtor” shall include all amounts paid by the debtor and any remaining amount due under the contract.

(3) “Business arrangement” means any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof.

(4) “Consumer” means a natural person who seeks or acquires goods or services for personal, family, or household use.

(5) “Consumer credit contract” means any instrument which evidences or embodies a debt arising from a “purchase money loan” transaction or a “financed sale” as defined in paragraphs (9) and (11) of this subsection.

(6) “Contract” means any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof.

(7) “Credit card issuer” means a person who extends to cardholders the right to use a credit card in connection with purchases of goods or services.

(8) “Creditor” means a person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis if that person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer.

(9) “Financing a sale” means extending credit to a consumer in connection with a “credit sale” within the meaning of the Truth in Lending Act and Regulation Z.

(10) “Person” means an individual, corporation, or any other business organization.

(11) “Purchase money loan” means a cash advance which is received by a consumer in return for a “finance charge” within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who (i) refers consumers to the creditor or (ii) is affiliated with the creditor by common control, contract, or business arrangement.

(12) “Seller” means a person who, in the ordinary course of business, sells goods or services to consumers.

(b) In connection with any sale or lease in this State of goods or services to consumers, it is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller, directly or indirectly, to:

(1) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, boldface type:

NOTICE

Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

Or,

(2) Accept, as full or partial payment for such sale, the proceeds of any purchase money loan, unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, boldface type:

NOTICE

Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

(c) The provisions of this section do not apply where the seller:

(1) Does not require a consumer credit contract which is a negotiable instrument or which contains any provision pursuant to which the consumer agrees to limit or waive claims or defenses which he may have against the seller as to any holder of the consumer credit contract; and

(2) Does not transfer, sell, pledge or assign a consumer credit contract except under conditions where any transferee is subject to all claims and defenses which the consumer has against the seller to the same extent as provided in this section.
Md. Code, Health Occupations § 14-5D-03 — MD Code / Article gho / Title 14 / Subtitle 5D / Section 14-5D-03
§14–5D–03.
Status: in_force

(a) (1) The Board shall set reasonable fees for the issuance and renewal of licenses and the other services it provides to athletic trainers.

(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to athletic trainers, including the cost of providing a rehabilitation program for athletic trainers under § 14–401.1(g) of this title.

(b) (1) The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller.

(2) The Comptroller shall distribute all fees to the Board.

(c) The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this subtitle.
Md. Code, Estates and Trusts § 14-610 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-610
§14–610.
Status: in_force

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

(2) “Beneficiary with a disability” means a beneficiary of a first trust who the special needs fiduciary reasonably believes qualifies for governmental benefits based on disability, whether or not the beneficiary currently receives governmental benefits or has been adjudicated incapacitated.

(3) “Governmental benefits” means financial aid or services from a State, federal, or other public agency.

(4) “Special needs fiduciary” means, with respect to a trust that has a beneficiary with a disability:

(i) A trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries;

(ii) If no trustee or fiduciary has discretion under item (i) of this paragraph, a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries; or

(iii) If no trustee or fiduciary has discretion under item (i) or (ii) of this paragraph, a trustee or other fiduciary, other than a settlor, that is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries.

(5) “Special needs trust” means a trust that the trustee reasonably believes would not be considered a resource for the purpose of determining whether a beneficiary with a disability is eligible for governmental benefits.

(b) A special needs fiduciary may exercise the decanting power over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributed discretion, if:

(1) A second trust is a special needs trust that benefits the beneficiary with a disability; and

(2) The special needs fiduciary determines that the exercise of the decanting power will further purposes of the first trust.

(c) Notwithstanding any provision to the contrary, in an exercise of the decanting power under this section:

(1) The interest in a second trust of a beneficiary with a disability may, but is not required to:

(i) Be a pooled trust, as defined in Title 42 of the United States Code, for a beneficiary with a disability; or

(ii) Contain payback provisions complying with the requirements for reimbursement in Title 42 of the United States Code;

(2) A second trust may reduce or eliminate a vested interest of a beneficiary with a disability; and

(3) Except as affected by any change to the interests of the beneficiary with a disability, a second trust, or second trusts in the aggregate, shall grant each other beneficiary of the first trust beneficial interests in the second trusts that are substantially similar to the beneficiary’s beneficial interests in the first trust.
Md. Code, Alcoholic Beverages and Cannabis § 14-2401 — MD Code / Article gab / Title 14 / Subtitle 24 / Section 14-2401
§14–2401.
Status: in_force

Title 4, Subtitle 9 (“Judicial Review”) of Division I of this article applies in the county without exception or variation.
Md. Code, Environment § 14-103 — MD Code / Article gen / Title 14 / Subtitle 1 / Section 14-103
§14–103.
Status: in_force

The Department may enforce effectively the provisions of this subtitle through the adoption and promulgation of rules and regulations. The Department may not prorate or limit the output of any gas or oil well.
Md. Code, Health Occupations § 14-5F-07 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-07
§14–5F–07.
Status: in_force

(a) (1) The Committee consists of five members appointed by the Board as follows:

(i) Two shall be licensed naturopathic doctors;

(ii) One shall be a licensed physician;

(iii) One shall be a licensed physician with experience working with naturopathic doctors; and

(iv) One shall be a consumer member.

(2) The Board shall appoint the naturopathic doctor members from a list of names submitted by the Maryland Association of Naturopathic Physicians.

(b) Each member of the Committee licensed by the Board must be in good standing with the Board.

(c) The consumer member of the Committee:

(1) Must be a member of the general public;

(2) May not be or ever have been:

(i) A licensed naturopathic doctor;

(ii) Any other health care professional; or

(iii) In training to be a naturopathic doctor or other health professional; and

(3) May not:

(i) Participate or ever have participated in a commercial or professional field related to naturopathic medicine;

(ii) Have a household member who participates in a commercial or professional field related to naturopathic medicine;

(iii) Have had within 2 years before appointment a financial interest in a person regulated by the Board; or

(iv) Have had within 2 years before appointment a financial interest in the provision of goods or services to naturopathic doctors or to the field of naturopathic medicine.

(d) Each member of the Committee must be a resident of the State.

(e) (1) The term of a member is 3 years.

(2) The terms of members are staggered as required by regulation.

(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 serve more than two consecutive full terms.

(f) From among its members, the Committee shall elect a chair every 2 years.

(g) A quorum of the Committee consists of three members.
Md. Code, Business Occupations and Professions § 14-204.1 — MD Code / Article gbo / Title 14 / Subtitle 2 / Section 14-204.1
§14–204.
Status: in_force

§14–204.1.

At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board of Examiners of Landscape Architects, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Commercial Law § 14-502 — MD Code / Article gcl / Title 14 / Subtitle 5 / Section 14-502
§14–502.
Status: in_force

This subtitle does not apply to:

(1) A fine print printed before July 2, 1974; or

(2) A fine print offered for sale or sold at retail or wholesale for:

(i) $25 or less, if unframed; or

(ii) $40 or less, if framed.
Md. Code, Real Property § 14-908 — MD Code / Article grp / Title 14 / Subtitle 9 / Section 14-908
§14–908.
Status: in_force

A recorded service agreement that is in violation of § 14–903 of this subtitle may not provide actual or constructive notice of a lien arising from the service agreement to a subsequent bona fide purchaser of the residential property.
Md. Code, Alcoholic Beverages and Cannabis § 14-202 — MD Code / Article gab / Title 14 / Subtitle 2 / Section 14-202
§14–202.
Status: in_force

(a) (1) The Governor shall appoint three regular members and one substitute member to the Board.

(2) The appointments shall be made:

(i) if the Senate is in session, with the advice and consent of the Senate; or

(ii) if the Senate is not in session, by the Governor alone.

(b) (1) Each member of the Board shall be:

(i) a resident and voter of the county; and

(ii) an individual of high character and integrity and of recognized business capacity.

(2) One regular member of the Board shall always be a member of the political party that at the last preceding gubernatorial election polled the second highest number of votes throughout the State for that office.

(c) (1) The substitute member serves on the Board in the absence of a regular member.

(2) When serving on the Board, the substitute member has all of the powers and responsibilities of a regular member.

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

(e) (1) The Governor shall appoint an eligible individual to fill a vacancy that occurs during the term of office of the individual originally appointed in accordance with subsection (a) of this section.

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

(f) (1) The Governor may remove a member for misconduct in office, incompetence, or willful neglect of duty.

(2) The Governor shall give a member who is charged a copy of the charges against the member and, with at least 10 days’ notice, an opportunity to be heard publicly in person or by counsel.

(3) If a member is removed, the Governor shall file with the Office of the Secretary of State a statement of charges against the member and the Governor’s findings on the charges.
Md. Code, Alcoholic Beverages and Cannabis § 14-1803 — MD Code / Article gab / Title 14 / Subtitle 18 / Section 14-1803
§14–1803.
Status: in_force

(a) An application for license renewal shall be accompanied by:

(1) a statement of the hours of operation of the licensed premises;

(2) a statement of the name of the manager of the licensed premises; and

(3) a copy of the current statement for the licensed business that shows that all applicable taxes are paid.

(b) In addition to the statements required under subsection (a) of this section, an application for renewal of a Class B license shall be accompanied by a statement of the average monthly sales of food and alcoholic beverages for the licensed premises.
Md. Code, Business Regulation § 14-203 — MD Code / Article gbr / Title 14 / Subtitle 2 / Section 14-203
§14–203.
Status: in_force

(a) This subtitle applies to an offer to sell or sale of a franchise if:

(1) the franchisee must pay a franchise fee of more than $100; and

(2) (i) the offeree or franchisee is a resident of the State;

(ii) the franchised business will be or is operated in the State;

(iii) the offer to sell is made in the State; or

(iv) the offer to buy is accepted in the State.

(b) (1) For purposes of this section, an offer to sell is made in the State if the offer:

(i) originates from the State; or

(ii) is directed by the offeror to the State and is received at the place to which it is directed.

(2) For purposes of this section, an offer to sell is not made in the State only because the franchisor circulates or there is circulated on the franchisor’s behalf in the State an advertisement in:

(i) a newspaper or other publication of general, regular, and paid circulation that has had two-thirds of its circulation outside the State during the past 12 months; or

(ii) a radio or television broadcast that originates outside the State and is received in the State.

(3) For purposes of this section, an offer to buy is accepted in the State when acceptance is communicated to the offeror in the State.

(4) For purposes of this section, acceptance is communicated to the offeror in the State when:

(i) the offeree directs acceptance to the offeror in the State reasonably believing the offeror to be in the State; and

(ii) the acceptance is received at the place to which it is directed.

(c) This subtitle does not apply to the renewal or extension of an existing franchise if there is no interruption in the operation of the franchised business.
Md. Code, Commercial Law § 14-2001 — MD Code / Article gcl / Title 14 / Subtitle 20 / Section 14-2001
§14–2001.
Status: in_force

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

(b) (1) “Adjusted capitalized cost” means the amount which serves as the basis for determining the base lease payment, computed by subtracting from the capitalized cost any capitalized cost reduction.

(2) “Adjusted capitalized cost” is amortized during the lease term to the estimated residual value by the application of a portion of each scheduled lease payment.

(c) (1) “Capitalized cost” means the amount which, when reduced by the amount of the capitalized cost reduction, equals the adjusted capitalized cost.

(2) “Capitalized cost” shall include all items that are capitalized in the lease and, after the application of the capitalized cost reduction, amortized by the scheduled lease payments over the term of the lease.

(3) “Capitalized cost” shall include to the extent capitalized and amortized as set forth in paragraph (2) of this subsection:

(i) Taxes, registration, license, acquisition, administration, assignment, and other similar fees;

(ii) Charges for insurance, an extended warranty, mechanical repair contract, service contract, vehicle maintenance agreement, and any other similar charge;

(iii) Charges for a waiver of the contractual obligation to pay the gap amount;

(iv) Charges for accessories and installation of accessories;

(v) Charges for delivering, servicing, repairing, or improving the vehicle; and

(vi) Charges for other goods, services, and benefits incidental to the consumer lease transaction.

(4) “Capitalized cost” also shall include, to the extent capitalized and amortized as set forth in paragraph (2) of this subsection, with respect to a vehicle or other property traded–in in connection with a lease, the unpaid balance of any amount financed under an outstanding vehicle loan agreement or vehicle retail installment contract or the unpaid portion of the early termination obligation under any lease or other obligation of the lessee.

(d) (1) “Capitalized cost reduction” means any payments made by cash, check, rebates, or similar means that are in the nature of down payments made by the lessee and any net trade–in allowance granted by the lessor at the inception of the consumer lease for the purpose of reducing the capitalized cost.

(2) “Capitalized cost reduction” does not include any base lease payments due at the inception of the lease or all of the lease payments if they are all paid at the inception of the lease.

(e) “Consumer Leasing Act” means that act of Congress codified at 15 U.S.C. §§ 1667 through 1667e, and regulations promulgated pursuant thereto, as amended.

(f) “Dealer” means a dealer as defined in § 15–101(c) of the Transportation Article.

(g) (1) “Lease” or “leasing” means a contract in the form of a bailment or lease for the use of a motor vehicle by an individual primarily for personal, family, or household purposes, for a period of time exceeding 4 months, including renewal periods, whether or not the lessee has the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the lease.

(2) “Lease” does not include:

(i) A lease intended as security as defined in § 11–127.1(a) of the Transportation Article;

(ii) A lease which meets the definition of a credit sale in Federal Regulation Z, 12 C.F.R. § 226.2(A);

(iii) A lease for agricultural, business, or commercial purposes; or

(iv) A lease made to an organization.

(h) “Lessee” means an individual who leases under, or who is offered, a motor vehicle lease.

(i) (1) “Lessor” means a person who during any 12–month period leases or offers to lease five or more motor vehicles or who is assigned five or more leases.

(2) “Lessor” does not include the holder of a security interest in leases to secure an obligation or a holder of an interest in a trust that owns leases.

(j) “Manufacturer, factory branch, or distributor” means a person, partnership, association, corporation, or entity engaged in the business of manufacturing or assembling motor vehicles or of distributing motor vehicles to motor vehicle dealers as defined in § 15–201(b), (c), and (e) of the Transportation Article.

(k) (1) “Motor vehicle” means a motor vehicle that is registered in this State as a:

(i) Class A (passenger) motor vehicle;

(ii) Class E (truck) motor vehicle with a 3/4 ton or less manufacturer’s rated capacity; or

(iii) Class M (multipurpose) motor vehicle.

(2) “Motor vehicle” does not include a motor home as defined by the Motor Vehicle Administration.

(l) (1) “Original lessor” means the person identified in the lease as the lessor of the motor vehicle.

(2) “Original lessor” does not include any assignee of the lease.

(m) (1) “Warranty” means the written warranty, so labeled, of the manufacturer of a new motor vehicle including any terms or conditions precedent to the enforcement of obligations under that warranty and shall include any motor vehicle subject to a lease.

(2) “Warranty” includes any implied warranties provided for by federal or State law, including the federal Magnusson Moss Warranty Act and the Maryland Uniform Commercial Code.

(n) “Warranty period” means the earlier of:

(1) The period of the motor vehicle’s first 15,000 miles of operation; or

(2) 15 months following the date of original delivery of the motor vehicle to the lessee.
Md. Code, Alcoholic Beverages and Cannabis § 14-301 — MD Code / Article gab / Title 14 / Subtitle 3 / Section 14-301
§14–301.
Status: in_force

There is no liquor control board or department of liquor control in the county.
Md. Code, Health Occupations § 14-5A-11 — MD Code / Article gho / Title 14 / Subtitle 5A / Section 14-5A-11
§14–5A–11.
Status: in_force

(a) Subject to subsection (b) of this section, the Board shall issue the appropriate license to an applicant who meets the requirements of this subtitle for that license.

(b) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether to issue a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

(iv) The length of time that has passed since the crime;

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not issue a license if the criminal history record information required under § 14–308.1 of this title has not been received.
Md. Code, Insurance § 14-111 — MD Code / Article gin / Title 14 / Subtitle 1 / Section 14-111
§14–111.
Status: in_force

Subject to the authority of the Commissioner to regulate nonprofit health service plans under this article, a certificate of authority issued under this subtitle authorizes a corporation to:

(1) issue contracts in the form filed with the Commissioner to persons that become subscribers to the plan;

(2) finance capital improvement projects through the Maryland Health and Higher Educational Facilities Authority as provided under Title 10, Subtitle 3 of the Economic Development Article;

(3) finance capital improvement projects through the Maryland Economic Development Corporation as provided under Title 10, Subtitle 1 of the Economic Development Article; and

(4) partner with the State and other public or private entities to provide services or administer programs intended to address community health care needs.
Md. Code, Commercial Law § 14-2002 — MD Code / Article gcl / Title 14 / Subtitle 20 / Section 14-2002
§14–2002.
Status: reserved

(a) A lease shall be in writing and signed by the lessor and the lessee.

(b) The printed portion of the lease, other than directions for completion of the lease and the text of any assignment between the original lessor and an assignee, shall be printed in a size equal to at least 8 point type. The lease shall contain the following items printed or written in a conspicuous manner:

(1) At the top of the lease, the words “Motor Vehicle Lease Agreement”;

(2) If physical damage or liability insurance coverage for bodily injury and property damage caused to others is not included in the lease, a notice substantially similar to the following: “No physical damage or liability insurance coverage for bodily injury or property damage caused to others is included in this lease”;

(3) Directly above the acknowledgment permitted by subsection (c) of this section, a written notice substantially similar to the following: “Notice to the lessee: This is a lease. You have no ownership rights in the motor vehicle unless and until you exercise your option to purchase the motor vehicle, if this lease contains a purchase option. Do not sign this lease before you read it or if it contains any blank space. You are entitled to a completely filled in copy of this lease when you sign it”;

(4) A statement substantially similar to the following: “Early termination may require you to pay a substantial amount”; and

(5) The following provision in at least 10 point boldface type:

“Notice

Any holder of this consumer lease is subject to all claims and defenses which the lessee could assert against the lessor of the motor vehicle. Recovery hereunder by the lessee shall not exceed amounts paid by the lessee under this lease.”

(c) (1) The lessor shall deliver to the lessee, or mail to the lessee at the lessee’s address shown on the lease, a copy of the lease signed by the lessor.

(2) Any acknowledgment by the lessee of delivery of a copy of the lease shall be conspicuous and shall appear directly above the space reserved for the lessee’s signature.

(d) The lease shall state the names of the original lessor and lessee, the place of business of the original lessor, the residence of the lessee as specified by the lessee, and a description of the motor vehicle, including its make, model year, model, and, if known, the motor vehicle’s identification number or marks.

(e) The lease shall contain:

(1) All items required to be disclosed by the Consumer Leasing Act;

(2) A disclosure of the capitalized cost; and

(3) A provision briefly describing the lessee’s rights upon default.

(f) (1) If the lessee is obligated under the lease to maintain liability insurance or other insurance on the motor vehicle and if subsequent to execution of the lease the lessee fails to maintain the required insurance, if the lease permits, the lessor may procure insurance for either the interests of the lessee and the lessor or the interest of either of them insuring substantially the same risks required to be insured by the lease.

(2) The lease may also provide that the amount of the premium paid by the lessor may be the subject of a lease charge as though such amount was part of the capitalized cost, and shall be subject to the default provisions of the lease.

(3) Nothing in this subsection shall prevent the lessor from pursuing any other remedy for default set forth in the lease or provided by law.

(g) (1) If the lease permits, a lessor may impose on the lessee:

(i) A late or delinquency charge for payments or portions of payments that are in default under the lease;

(ii) A collection charge, which may include all court and other collection costs actually incurred by the lessor and, if the lease is referred for collection to an attorney who is not a salaried employee of the lessor, a reasonable attorney’s fee; and

(iii) If any payment is made to the lessor with a check that is dishonored on the second presentment, a charge not to exceed $15.

(2) No more than one late or delinquency charge may be imposed for any single payment or portion of payment, regardless of the period during which it remains in default.

(h) (1) Except as permitted by paragraph (2) of this subsection, no lease shall be signed by any party if it contains blank spaces to be filled in after it has been signed.

(2) If delivery of the motor vehicle is not made at the time of execution of the lease, the motor vehicle’s identifying numbers, marks, or similar information and the due date of the first payment may be filled in after execution of the lease.

(3) The lessee’s written acknowledgment, conforming to the requirements of subsection (c) of this section, of delivery of a copy of the lease shall be conclusive proof of delivery of a copy of the consumer lease in any action or proceeding by or against an assignee of the lease without knowledge to the contrary at the time of the assignment.

(i) Notwithstanding any contrary provision of this subtitle or other laws of this State:

(1) Subject to the rights of the lessee under the lease, a lessor may sell a lease, a leased motor vehicle, or an interest in a lease on such terms and conditions and for such price as may be mutually agreed upon between the lessor and the lessor’s assignee; and

(2) No filing of the assignment, no notice to the lessee of the assignment, and no requirement that the lessor be deprived of dominion over payments upon the lease or over the motor vehicle if repossessed by or returned to the lessor, shall be necessary to the validity of a written assignment of a lease as against creditors, subsequent purchasers, pledgees, mortgagees, or encumbrancers of the lessor.

(j) (1) Until the lessee has notice of assignment of a lease, payment made by the lessee to the last known holder of the lease shall be binding upon all subsequent assignees.

(2) If requested by the lessee, the assignee shall furnish reasonable proof that the assignment has been made and the lessee may pay the original lessor until reasonable proof of the assignment has been furnished.

(3) The lessor shall provide the lessee with a written receipt for any payment made in cash.

(k) (1) Upon written request from a lessee, the lessor shall give or forward to the lessee a written statement of the dates and amounts of the payments that have been made under the lease and the amount of the lessee’s remaining payments and any other amounts owed to the lessor as reflected on the lessor’s books and records at the time of the notice.

(2) Upon written request from a lessee, the lessor shall give or forward to the lessee a written estimate of the lessee’s total early termination liability under the lease.

(3) No charge may be imposed on the lessee for preparation of the statements provided for in paragraphs (1) and (2) of this subsection, except a lessor may impose a reasonable fee, not to exceed $5 per statement, if:

(i) The lessee requests more than one statement under paragraph (1) of this subsection or more than one statement under paragraph (2) of this subsection in any 12-month period; and

(ii) The charge is disclosed in the lease.

(l) A lease may not contain any provision by which:

(1) In the absence of the lessee’s default, the lessor may, arbitrarily and without reasonable cause, accelerate maturity of any part or all of the amount owing under the lease;

(2) The lessor may accelerate maturity of any part or all of the amount owing under the lease solely because the lessor deems itself insecure;

(3) A power of attorney is given to confess judgment, or an assignment of wages is given;

(4) The lessor, or other person acting on behalf of the lessor, is given authority to enter upon the lessee’s premises unlawfully, or to commit any breach of the peace in the repossession of the motor vehicle;

(5) The lessee waives any right of action against the lessor, or other person acting on behalf of the lessor, for any illegal act committed in the collection of payments under the lease or in the repossession of the motor vehicle;

(6) The lessee executes a power of attorney appointing the lessor, or other person acting on behalf of the lessor, as the lessee’s agent in collection of payments under the lease or in the repossession of the motor vehicle; provided, however, that this paragraph shall not prohibit the inclusion in a lease of a limited power of attorney or other provision authorizing the lessor to execute in the lessee’s name any proofs of insurance claims or losses, to execute in the lessee’s name any titling and registration documents, or to endorse the lessee’s name on any insurance settlement or premium rebate draft or check the proceeds of which are applicable to the lessee’s obligations under the lease;

(7) The lessor is relieved from liability for any legal remedy which the lessee may have against the lessor under the lease, or any separate instrument executed in connection therewith;

(8) The maturity of any part or all of the amount owing under the lease is accelerated where, following a default consisting solely of the failure to make timely payments, a lessee who has the right to redeem the lease makes timely payment of an amount sufficient to redeem the lease under § 14-2008(h) of this subtitle; or

(9) The lessee waives any right provided to the lessee by this subtitle.

(m) (1) Any clause or provision prohibited by subsection (l) of this section shall be unenforceable but shall not otherwise affect the lease’s continuing validity and enforceability.

(2) The penalties provided in § 14-2007 of this subtitle or in § 13-408 of this article do not apply to violations of subsection (l) of this section unless a lessor attempts to enforce a provision prohibited by that subsection.
Md. Code, Real Property § 14-102 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-102
§14–102.
Status: in_force

(a) Any mortgagor, including a grantor under a deed of trust given as security for the payment of a debt or the performance of an obligation, any other person in possession of land, any life tenant, tenant for years, tenant at will, periodic tenant, tenant in common or joint tenant, who, without express or implied authorization, commits or permits waste is liable for the actual damages suffered by the property. An action may be maintained against the person even though he later may grant or assign his interest or estate in the land.

(b) If waste is committed after an injunction to stay waste, the court shall ascertain the damage done by the waste, by affidavit or other proof as the court determines necessary, and may fine the defendant to the extent of double the damage ascertained. If the final judgment is in favor of the injured party the court may determine the amount to be paid to him and the remainder shall be applied as a fine. The court may imprison a person who does not comply with the order to pay and may issue execution in the name of the State for its collection.
Md. Code, Commercial Law § 14-1903.1 — MD Code / Article gcl / Title 14 / Subtitle 19 / Section 14-1903.1
§14–1903.
Status: in_force

§14–1903.1.

A person who advertises a service described in § 14-1901(e)(1) of this subtitle, whether or not a credit services business, shall clearly and conspicuously state in each advertisement the number of:

(1) The license issued under § 14-1903 of this subtitle; or

(2) If not required to be licensed, the exemption provided by the Commissioner.
Md. Code, Health Occupations § 14-605 — MD Code / Article gho / Title 14 / Subtitle 6 / Section 14-605
§14–605.
Status: in_force

(a) This section does not apply to a physician or group of physicians who:

(1) Have exclusive contracts with a health maintenance organization;

(2) Treat only the patients of the health maintenance organization; and

(3) Agree to accept full assignment for covered services rendered.

(b) If a physician is engaged in the private practice of medicine in this State, the physician shall display a notice written in English that is plainly visible to patients in the office of the physician concerning whether the physician:

(1) Is a participating physician under the Medicare program and, therefore, accepts assignment for all Medicare claims;

(2) Accepts Medicare assignment on a case-by-case basis; or

(3) Does not accept Medicare assignment in any case.
Md. Code, Public Safety § 14-1204 — MD Code / Article gps / Title 14 / Subtitle 12 / Section 14-1204
§14–1204.
Status: in_force

(a) With support from appropriate State agencies and State entities, the Office of Resilience shall coordinate strategies and improve interagency coordination to meet the following goals:

(1) ensuring rapid State support following emergencies;

(2) minimizing flooding in residential areas;

(3) promoting climate–informed investments;

(4) informing and educating the public on emergency safety and risks;

(5) building neighborhood resiliency;

(6) improving coastal resilience;

(7) adapting agricultural practices to respond to increasing precipitation, temperatures, and soil salinization; and

(8) reducing the potential impact of other hazards identified in the Maryland Hazard Mitigation Plan.

(b) The University of Maryland Center for Environmental Science shall coordinate with the Office of Resilience to:

(1) establish a resilience baseline for the State;

(2) develop a statewide resilience assessment to support local government benchmarking for use in a statewide resilience tracker to help identify investment needs;

(3) develop indicators to monitor the effectiveness of resilience efforts and establish future goals; and

(4) produce an economic analysis and policy benchmark report to include:

(i) an examination of the financial impact of extreme weather or other hazardous events in the State;

(ii) an estimate of necessary resources needed to prepare for and reduce the adverse effects of hazardous events in the State;

(iii) the identification of available funding sources, including those used by other states; and

(iv) a comparison of State policies and resilience efforts with those of other vulnerable states, including Florida, Massachusetts, New York, North Carolina, and Virginia.
Md. Code, Tax - Property § 14-821 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-821
§14–821.
Status: in_force

(a) Except as provided in subsection (b) of this section, any certificate of sale executed and delivered by the collector to the purchaser is assignable and an assignment of the certificate of sale vests in the assignee, or the legal representative of the assignee, all the right, title, and interest of the original purchaser. The assignment of certificate of sale may be made in accordance with the provisions of law relating to the short assignment of mortgages.

(b) A certificate of sale issued to a purchaser at a limited auction under § 14–817(d) of this subtitle may not be assigned to another person.

(c) (1) The governing body of a county or municipal corporation may file a motion with the court requesting that a certificate of sale be assigned to the governing body of the county or municipal corporation if:

(i) a foreclosure action has been initiated by the holder of the certificate of sale in accordance with this subtitle; and

(ii) the foreclosure action is subject to dismissal for a lack of prosecution under Maryland Rule 2–507 or a motion for the entry of a final order has not been filed in the foreclosure action within 18 months after the filing of the complaint, whichever is earlier.

(2) On the filing of a motion under this subsection, the court shall direct the holder of the certificate of sale to show good cause as to why the court should not grant the motion.

(3) If the holder of the certificate of sale fails to respond to the motion in accordance with the Maryland Rules, the court shall grant the motion.

(4) If a court grants a motion under this subsection, the holder of the certificate of sale shall forfeit:

(i) any rights under the certificate of sale; and

(ii) the amount paid to acquire the certificate of sale.
Md. Code, Family Law § 14-204 — MD Code / Article gfl / Title 14 / Subtitle 2 / Section 14-204
§14–204.
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, the Secretary shall establish a fee schedule based on financial ability to pay under which the individual who receives protective services, or the individual’s legally responsible relative shall reimburse the federal, State, or local government for the services provided.

(b) An individual may not be charged a fee for protective services if:

(1) federal law or federal regulations prohibit an income eligibility test for the protective service; or

(2) the recipient is eligible for continuing financial aid under:

(i) the federal program of Supplemental Security Income;

(ii) the federal-State program of temporary cash assistance; or

(iii) the State program of transitional emergency, medical, and housing assistance.
Md. Code, Commercial Law § 14-203 — MD Code / Article gcl / Title 14 / Subtitle 2 / Section 14-203
§14–203.
Status: in_force

A collector who violates any provision of this subtitle is liable for any damages proximately caused by the violation, including damages for emotional distress or mental anguish suffered with or without accompanying physical injury.
Md. Code, Commercial Law § 14-4705 — MD Code / Article gcl / Title 14 / Subtitle 47 / Section 14-4705
§14–4705.
Status: in_force

(a) Nothing in this section may be construed to require a controller to reveal a trade secret.

(b) A consumer shall have the right to:

(1) Confirm whether a controller is processing the consumer’s personal data;

(2) If a controller is processing a consumer’s personal data, access the consumer’s personal data;

(3) Considering the nature of the consumer’s personal data and the purposes of the processing of the personal data, correct inaccuracies in the consumer’s personal data;

(4) Require a controller to delete personal data provided by, or obtained about, the consumer unless retention of the personal data is required by law;

(5) If the processing of personal data is done by automatic means, obtain a copy of the consumer’s personal data processed by the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to easily transmit the data to another controller without hindrance;

(6) Obtain a list of the categories of third parties to which the controller has disclosed the consumer’s personal data or a list of the categories of third parties to which the controller has disclosed any consumer’s personal data if the controller does not maintain this information in a format specific to the consumer; and

(7) Opt out of the processing of personal data for purposes of:

(i) Targeted advertising;

(ii) The sale of personal data; or

(iii) Profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer.

(c) (1) A controller shall establish a secure and reliable method for a consumer to exercise a consumer right under this section.

(2) A consumer may exercise a consumer right under this section by the method established by the controller under paragraph (1) of this subsection.

(d) (1) A consumer may designate an authorized agent in accordance with § 14–4706 of this subtitle to opt out of the processing of the consumer’s personal data under subsection (b)(7) of this section on behalf of a consumer.

(2) A parent or legal guardian of a child may exercise a consumer right listed in subsection (b) of this section on the child’s behalf regarding the processing of personal data.

(3) A guardian or conservator of a consumer subject to a guardianship, conservatorship, or other protective arrangement may exercise a consumer right listed in subsection (b) of this section on the consumer’s behalf regarding the processing of personal data.

(e) (1) Except as otherwise provided in this subtitle, a controller shall comply with a request by a consumer to exercise a consumer right listed in this section.

(2) (i) A controller shall respond to a consumer request not later than 45 days after the controller receives the consumer request.

(ii) A controller may extend the completion period by an additional 45 days if:

1. It is reasonably necessary to complete the request based on the complexity and number of the consumer’s requests; and

2. The controller informs the consumer of the extension and the reason for the extension within the initial 45–day response period.

(3) If a controller declines to act regarding a consumer’s request, the controller shall:

(i) Inform the consumer without undue delay, but not later than 45 days after receiving the request, of the justification for declining to act; and

(ii) Provide instructions for how to appeal the decision.

(4) (i) A controller shall provide information to a consumer in response to a consumer’s request to exercise rights under this subtitle free of charge once during any 12–month period.

(ii) If requests from a consumer are manifestly unfounded, excessive, technically infeasible, or repetitive, a controller may:

1. Charge the consumer a reasonable fee to cover the administrative costs of complying with the request; or

2. Decline to act on the request.

(iii) The controller has the burden of demonstrating the manifestly unfounded, excessive, technically infeasible, or repetitive nature of the request.

(5) If a controller is unable to authenticate a request to exercise a consumer right afforded under subsection (b)(1) through (5) of this section using commercially reasonable efforts, the controller:

(i) May not be required to comply with a request to initiate an action in accordance with this section; and

(ii) Shall provide notice to the consumer that the controller is unable to authenticate the request to exercise the right until the consumer provides additional information reasonably necessary to authenticate the consumer and the consumer’s request to exercise the consumer’s rights.

(6) A controller may not be required to authenticate an opt–out request.

(7) A controller that has obtained personal data about a consumer from a source other than the consumer shall be considered compliant with the consumer’s request to delete the consumer’s data in accordance with subsection (b)(4) of this section by retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring that the consumer’s personal data:

(i) Remains deleted from the controller’s records; and

(ii) Is not being used for any other purpose.

(f) (1) A controller shall establish a process for a consumer to appeal the controller’s refusal to act on a consumer rights request within a reasonable period after the consumer receives the decision.

(2) The appeal process shall be:

(i) Conspicuously available; and

(ii) Similar to the process for submitting requests to initiate an action in accordance with this section.

(3) Not later than 60 days after receiving an appeal, a controller shall inform the consumer in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

(4) If a controller denies an appeal, the controller shall provide the consumer with an online mechanism, if available, through which the consumer may contact the Division to submit a complaint.
Md. Code, Commercial Law § 14-12B-05 — MD Code / Article gcl / Title 14 / Subtitle 12B / Section 14-12B-05
§14–12B–05.
Status: in_force

(a) If a health club facility is not in existence on the date the health club services agreement is executed:

(1) The buyer may cancel the contract in the event the facility is not open for business on the date as provided by the agreement; and

(2) The buyer may cancel the contract within 3 business days after the opening of the facility, or after receiving notice of the opening of the facility, whichever comes later, in the event the services or facilities are not available substantially as described in the agreement.

(b) If the buyer cancels under this section, the health club facility shall refund any deposit, down payment, or payment on the agreement including any initiation, deposit, membership, or other fees.
Md. Code, Business Occupations and Professions § 14-209 — MD Code / Article gbo / Title 14 / Subtitle 2 / Section 14-209
§14–209.
Status: in_force

(a) (1) The Board may set reasonable fees for its services.

(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board and shall be based on the calculations performed by the Secretary under § 2–106.2 of the Business Regulation Article.

(b) The Board shall publish the fee schedule set by the Board by regulation.

(c) (1) The Board shall pay all fees collected under this title to the Comptroller of the State.

(2) The Comptroller shall distribute the fees to the State Occupational and Professional Licensing Design Boards’ Fund established in § 2–106.1 of the Business Regulation Article.
Md. Code, Real Property § 14-508 — MD Code / Article grp / Title 14 / Subtitle 5 / Section 14-508
§14–508.
Status: in_force

The reversionary rights of an affordable housing land trust as set forth in the affordable housing land trust agreement are limited to provisions that relate to:

(1) The transfer of the property to a person who is not a party to the agreement or a person who does not meet the conditions set forth in the affordable housing land trust agreement;

(2) The possession of the property by a person who does not meet the conditions set forth in the affordable housing land trust agreement;

(3) The transfer of an interest in the property to a person who does not meet the conditions set forth in the affordable housing land trust agreement;

(4) The waste, destruction, or abandonment of the property; or

(5) The failure to comply with any financial provision in the affordable housing land trust agreement.
Md. Code, Estates and Trusts § 14-602 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-602
§14–602.
Status: in_force

(a) Except as otherwise provided in this section, this subtitle applies to any express trust that:

(1) Is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest; and

(2) (i) Has its principal place of administration in this State, including a trust whose principal place of administration has been changed to this State; or

(ii) Is governed by the law of this State for the purpose of:

1. Administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this State;

2. Construction of the terms of the trust; or

3. Determining the meaning or effect of the terms of the trust.

(b) This subtitle does not apply to a trust held solely for charitable purposes.

(c) Except as otherwise provided in this subtitle, a trust instrument may restrict or prohibit the exercise of the decanting power.

(d) This subtitle does not limit the power of a trustee, a powerholder, or any other person to:

(1) Distribute or appoint property in further trust; or

(2) Modify a trust under the trust instrument, law of this State other than this title, common law, a court order, or a nonjudicial settlement agreement.

(e) This subtitle does not limit the ability of a settlor to provide in a trust instrument for the distribution or appointment in further trust of trust property or the modification of the trust instrument.
Md. Code, Alcoholic Beverages and Cannabis § 14-801 — MD Code / Article gab / Title 14 / Subtitle 8 / Section 14-801
§14–801.
Status: in_force

(a) There is a Class A beer and light wine license.

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

(2) The license holder shall sell the beer and light wine in a sealed package or container.

(3) The package or container may not be opened and its contents may not be consumed on the premises where the beer or light wine is sold.

(c) The annual license fee is $300.
Md. Code, Health Occupations § 14-5F-09 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-09
§14–5F–09.
Status: in_force

A person shall have the immunity from liability described under § 5–715 of the Courts and Judicial Proceedings Article for giving information to the Committee or otherwise participating in its activities.
Md. Code, Environment § 14-108 — MD Code / Article gen / Title 14 / Subtitle 1 / Section 14-108
§14–108.
Status: in_force

The Department shall deny the permit if the Department determines that:

(1) The proposed operation shall violate a requirement of this subtitle or a regulation adopted under this subtitle;

(2) The proposed drilling or well operation poses a substantial threat to public safety or a risk of significant adverse environmental impact to, but not limited to, the following:

(i) The Chesapeake Bay;

(ii) The Chesapeake Bay Critical Area;

(iii) Tidal or nontidal wetlands;

(iv) Endangered or threatened species, species in need of conservation, or the habitat of any of them;

(v) Historic properties under § 5A–326 of the State Finance and Procurement Article;

(vi) Populated areas;

(vii) Freshwater, estuarine, or marine fisheries; or

(viii) Other significant natural resources;

(3) The applicant has failed to receive applicable permits or approvals for the operation from all State and local regulatory units responsible for air and water pollution, sediment control, and zoning;

(4) The operation will constitute a significant physical hazard to a neighboring dwelling unit, school, church, hospital, commercial or industrial building, public road, or other public or private property in existence at the time of the application for the permit;

(5) The operation will have a significant adverse effect on the uses of a publicly owned park, forest, or recreation area in existence at the time of the application for the permit; or

(6) The applicant has not corrected any violations committed by the applicant under any prior permit.
Md. Code, Business Regulation § 14-305 — MD Code / Article gbr / Title 14 / Subtitle 3 / Section 14-305
§14–305.
Status: in_force

(a) A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $10,000.

(b) Each officer and each director of a corporation that violates this subtitle, each partner of a partnership that violates this subtitle, and the owner of a sole proprietorship that violates this subtitle is also subject to the penalty under this section.
Md. Code, Tax - Property § 14-869 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-869
§14–869.
Status: in_force

(a) If the plaintiff in an action under § 14–866 of this subtitle requests, the case shall be brought to trial as soon as the case is at issue, and shall have precedence over all other civil cases.

(b) (1) In an action under § 14–866 of this subtitle the certificate of the Comptroller or of the collector of any county or municipal corporation showing the amount of tax due with all penalties and interest:

(i) is prima facie evidence to entitle the plaintiff to judgment for the amount of the tax, penalty, and interest; and

(ii) shall give the defendant the burden of proving that the tax has been paid or any other sufficient defense.

(2) This section does not permit the defendant to use a defense that the defendant might have raised by way of appeal from the assessment on which the tax was imposed.
Md. Code, Insurance § 14-201 — MD Code / Article gin / Title 14 / Subtitle 2 / Section 14-201
§14–201.
Status: in_force

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

(b) “Allowed amount” means the dollar amount that an insurer determines is the value of the health care service provided by a provider before any cost sharing amounts are applied.

(c) “Assignment of benefits” means the transfer of health care coverage reimbursement benefits or other rights under a preferred provider insurance policy by an insured.

(d) “Balance bill” means the difference between a nonpreferred provider’s bill for a health care service and the insurer’s allowed amount.

(e) “Cost sharing amounts” means the amounts that an insured is responsible for under a preferred provider insurance policy, including any deductibles, coinsurance, or copayments.

(f) “Covered service” means a health care service that is a covered benefit under a preferred provider insurance policy.

(g) “Health care services” has the meaning stated in § 19–701 of the Health – General Article.

(h) “Hospital–based physician” means:

(1) a physician licensed in the State who is under contract to provide health care services to patients at a hospital; or

(2) a group physician practice that includes physicians licensed in the State that is under contract to provide health care services to patients at a hospital.

(i) “Insured” means a person covered for benefits under a preferred provider insurance policy offered or administered by an insurer.

(j) “Medicare economic index” means the fixed–weight input price index that:

(1) measures the weighted average annual price change for various inputs needed to produce physician services; and

(2) is used by the Centers for Medicare and Medicaid Services in the calculation of reimbursement of physician services under Title XVIII of the federal Social Security Act.

(k) “Nonpreferred provider” means a provider that is eligible for payment under a preferred provider insurance policy, but that is not a preferred provider under the applicable provider service contract.

(l) “On–call physician” means a physician who:

(1) has privileges at a hospital;

(2) is required to respond within an agreed upon time period to provide health care services for unassigned patients at the request of a hospital or a hospital emergency department; and

(3) is not a hospital–based physician.

(m) “Preferential basis” means an arrangement under which the insured or subscriber under a preferred provider insurance policy is entitled to receive health care services from preferred providers at no cost, at a reduced fee, or under more favorable terms than if the insured or subscriber received similar services from a nonpreferred provider.

(n) “Preferred provider” means a provider that has entered into a provider service contract.

(o) “Preferred provider insurance policy” means:

(1) a policy or insurance contract that is issued or delivered in the State by an insurer, under which health care services are to be provided to the insured by a preferred provider on a preferential basis; or

(2) another contract that is offered by an employer, third party administrator, or other entity, under which health care services are to be provided to the subscriber by a preferred provider on a preferential basis.

(p) “Provider” means a physician, hospital, or other person that is licensed or otherwise authorized to provide health care services.

(q) “Provider service contract” means a contract between a provider and an insurer, employer, third party administrator, or other entity, under which the provider agrees to provide health care services on a preferential basis under specific preferred provider insurance policies.

(r) “Similarly licensed provider” means:

(1) for a physician:

(i) a physician who is board certified or eligible in the same practice specialty; or

(ii) a group physician practice that contains board certified or eligible physicians in the same practice specialty; or

(2) for a health care provider who is not a physician, a health care provider who holds the same type of license or certification.

(s) “Subscriber” means a person covered for benefits under a preferred provider insurance policy issued by a person that is not an insurer.
Md. Code, Real Property § 14-206 — MD Code / Article grp / Title 14 / Subtitle 2 / Section 14-206
§14–206.
Status: in_force

This subtitle may be cited as the Maryland Contract Lien Act.
Md. Code, Commercial Law § 14-2502.1 — MD Code / Article gcl / Title 14 / Subtitle 25 / Section 14-2502.1
§14–2502.
Status: in_force

§14–2502.1.

(a) The seller of a hearing aid must bill any fee for diagnostic tests separately from any charges for the purchase and fitting of a hearing aid.

(b) A separately billed fee for a diagnostic test is not subject to refund under § 14-2503 of this subtitle.
Md. Code, Real Property § 14-707 — MD Code / Article grp / Title 14 / Subtitle 7 / Section 14-707
§14–707.
Status: in_force

(a) Except as provided in subsections (b) through (d) of this section, the court shall determine the fair market value of the property by ordering an appraisal in accordance with subsection (e) of this section.

(b) The court may accept a previously completed appraisal filed with the court as evidence of value provided that:

(1) The appraisal is dated not earlier than 6 months before the filing of the partition action;

(2) The appraisal was completed by a disinterested real estate appraiser licensed in the State; and

(3) No party objects to the appraised value.

(c) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.

(d) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal and no previously completed appraisal was filed under subsection (b) of this section, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.

(e) (1) If the court orders an appraisal under subsection (a) of this section, the court shall appoint a disinterested real estate appraiser licensed in the State to determine the fair market value of the property assuming sole ownership of the fee simple estate.

(2) On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.

(f) If an appraisal is conducted under subsection (a) of this section or filed with the court under subsection (b) of this section, not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating:

(1) The appraised fair market value of the property;

(2) That the appraisal is available at the office of the clerk; and

(3) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.

(g) (1) If an appraisal is filed with the court under subsection (e) of this section, the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (f) of this section, whether or not an objection to the appraisal is filed under subsection (f)(3) of this section.

(2) In addition to an appraisal described under subsection (a) or (b) of this section, the court may consider any other evidence of value offered by a party.

(h) After a hearing under subsection (g) of this section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
Md. Code, Alcoholic Beverages and Cannabis § 14-901 — MD Code / Article gab / Title 14 / Subtitle 9 / Section 14-901
§14–901.
Status: in_force

(a) There is a Class A beer, wine, and liquor 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) A license may not be issued for a drugstore unless the applicant:

(1) has been doing business at the location applied for in the license for at least 1 year before the date of the application for the license;

(2) is the assignee of a business established for at least 1 year before the date of the application for the license at the location applied for; or

(3) has been engaged in the retail drug business for at least 3 years.

(d) The annual license fee is $1,000.
Md. Code, Health Occupations § 14-5G-12 — MD Code / Article gho / Title 14 / Subtitle 5G / Section 14-5G-12
§14–5G–12.
Status: in_force

(a) A genetic counselor license authorizes a licensee to practice genetic counseling in the State while the license is effective.

(b) If, while practicing genetic counseling, a licensed genetic counselor determines that a patient requires a diagnosis or treatment, the genetic counselor shall refer the patient to a licensed physician or another appropriate health care practitioner.
Md. Code, Health Occupations § 14-5C-14 — MD Code / Article gho / Title 14 / Subtitle 5C / Section 14-5C-14
§14–5C–14.
Status: reserved

(a) (1) The term of a license issued by the Board may not exceed 3 years.

(2) A license expires on a date set by the Board, unless the license is renewed for an additional term as provided in this section.

(b) At least 1 month before a license expires, the Board shall send to the licensed polysomnographic technologist, by first-class mail to the last known address of the licensed polysomnographic technologist, a renewal notice that states:

(1) The date on which the current license expires;

(2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and

(3) The amount of the renewal fee.

(c) Except as otherwise provided in this subtitle, before a license expires, the licensed polysomnographic technologist periodically may renew it for an additional term, if the licensee:

(1) Otherwise is entitled to be licensed;

(2) Is of good moral character;

(3) Pays to the Board a renewal fee set by the Board; and

(4) Submits to the Board:

(i) A renewal application on the form that the Board requires; and

(ii) Satisfactory evidence of compliance with any continuing education or competency requirements and other requirements set under this section for license renewal.

(d) In addition to any other qualifications and requirements established by the Board, the Board may establish continuing education or competency requirements as a condition of the renewal of a license under this section.

(e) The Board shall renew the license of each licensee who meets the requirements of this section.

(f) The Board may reinstate the license of a polysomnographic technologist who has failed to renew the license for any reason, and who applies for reinstatement after the license has expired, if the polysomnographic technologist:

(1) Meets the renewal requirements of this section;

(2) Pays to the Board the reinstatement fee set by the Board; and

(3) Meets any other requirements established by regulation.

(g) (1) Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14–308.1 of this title for:

(i) Renewal applicants as determined by regulations adopted by the Board; and

(ii) Each former licensee who files for reinstatement under subsection (f) of this section.

(2) On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

(iv) The length of time that has passed since the crime;

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Other evidence that demonstrates whether the licensee poses a threat to the public health or safety.

(3) The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14–308.1 of this title.

(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing education credit in lieu of a sanction under § 14–5C–17 of this subtitle, for a first offense for failure of a licensee to obtain the continuing education credits required by the Board.
Md. Code, Health Occupations § 14-5A-01 — MD Code / Article gho / Title 14 / Subtitle 5A / Section 14-5A-01
§14–5A–01.
Status: in_force

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

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

(c) “Committee” means the Respiratory Care Advisory Committee established under § 14–5A–05 of this subtitle.

(d) “License” means a license issued by the Board to practice respiratory care.

(e) “Licensed respiratory care practitioner” means a respiratory care practitioner who is licensed by the Board to practice respiratory care.

(f) “Licensee” means a licensed respiratory care practitioner.

(g) “National certifying board” means the National Board for Respiratory Care or a certifying organization that has certification requirements equivalent to the National Board for Respiratory Care and that has been approved by the Board.

(h) (1) “Practice respiratory care” means to evaluate, care for, and treat, including the diagnostic evaluation of, individuals who have deficiencies and abnormalities that affect the pulmonary system and associated aspects of the cardiopulmonary and other systems under the supervision of and in collaboration with a physician.

(2) “Practice respiratory care” includes:

(i) Providing direct and indirect respiratory care services that are safe, aseptic, preventive, and restorative;

(ii) Practicing the principles, techniques, and theories derived from cardiopulmonary medicine;

(iii) Evaluating and treating individuals whose cardiopulmonary functions have been threatened or impaired by developmental defects, the aging process, physical injury, disease, or actual or anticipated dysfunction of the cardiopulmonary system;

(iv) Observing and monitoring physical signs and symptoms, general behavior, and general physical response to respiratory care procedures and determining if initiation, modification, or discontinuation of a treatment regimen is warranted;

(v) Transcribing and implementing written or oral orders regarding the practice of respiratory care;

(vi) Using evaluation techniques that include cardiopulmonary function assessments, gas exchange, the need and effectiveness of therapeutic modalities and procedures, and the assessment and evaluation of the need for extended care and home care procedures, therapy, and equipment; and

(vii) Applying the use of techniques, equipment, and procedures involved in the administration of respiratory care, including:

1. Except for general anesthesia, therapeutic and diagnostic gases;

2. Prescribed medication for inhalation or direct tracheal installation;

3. The administration of analgesic agents by subcutaneous injection or inhalation for the performance of respiratory care procedures;

4. Nonsurgical insertion, maintenance, and removal of artificial airways;

5. Advanced cardiopulmonary measures;

6. Cardiopulmonary rehabilitation;

7. Mechanical ventilation or physiological life support systems;

8. Collection of body fluids and blood samples for evaluation and analysis;

9. Insertion of diagnostic arterial access lines; and

10. Collection and analysis of exhaled respiratory gases.

(i) “Supervision” means the responsibility of a physician to exercise on–site or immediately available direction for a licensed respiratory care practitioner performing delegated medical acts.