Md. Code, Education § 11-502 — MD Code / Article ged / Title 11 / Subtitle 5 / Section 11-502
§11–502.
Status: reserved

(a) There is a Maryland Fire-Rescue Education and Training Commission in the Maryland Higher Education Commission.

(b) (1) The Commission consists of 13 members appointed by the Governor with the advice and consent of the Senate. Of the members:

(i) Each shall be qualified to deal with the matters within the authority of the Commission;

(ii) Six shall be volunteer emergency services personnel or instructors;

(iii) Three shall be emergency services instructors who are career personnel representing the academies;

(iv) Three shall be career emergency services personnel who are not instructors; and

(v) One shall be a member of the general public.

(2) Each member serves for a term of 4 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on July 1, 1978.

(3) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.

(4) A member may be removed by the Governor:

(i) For neglect of duty; or

(ii) If the Governor believes the member’s continued membership is not in the public interest.

(5) Each member of the Commission:

(i) Serves without compensation; but

(ii) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

(c) (1) The Governor shall designate one of the members of the Commission as the chairman of the Commission. The chairman serves at the pleasure of the Governor.

(2) Each year, the Commission shall elect a vice chairman and any other officer it requires.

(3) The Commission:

(i) Shall meet at least once every 2 months;

(ii) May meet at any other time the chairman designates; and

(iii) May adopt rules for the conduct of its meetings.

(4) A quorum consists of 7 members, one of whom shall be the chairman or vice chairman.
Md. Code, Business Regulation § 11-803 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-803
§11–803.
Status: in_force

(a) If a winning ticket is not redeemed within 1 year, the licensee into whose betting pool the bet was placed shall pay the amount needed to redeem the ticket to the Commission to be credited to the Special Fund under Subtitle 4 of this title.

(b) Every year for the preceding calendar year, each licensee shall:

(1) report to the Commission the amount payable to the Commission under this section; and

(2) pay that amount to the Commission.

(c) (1) The license of a licensee shall be revoked if the licensee:

(i) fails to report when money under this section is due; or

(ii) knowingly or willfully submits a report that understates the amount due.

(2) A licensee whose license is revoked under this subsection may not hold a license for at least 1 year.
Md. Code, Local Government § 11-501 — MD Code / Article glg / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

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

(b) “Nonconsensual towing” means towing a motor vehicle from private property without the consent of the motor vehicle’s owner or operator.

(c) “Tow truck” has the meaning stated in § 13–920 of the Transportation Article.

(d) “Towing” means the moving or removal of a motor vehicle by a tow truck.

(e) “Towing company” means a person that provides towing services.

(f) “Towing service” means the operation of removing or towing motor vehicles.
Md. Code, State Government § 11-519 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-519
§11–519.
Status: in_force

(a) (1) Each State unit participating in a joint hearing or consolidated hearing shall be represented at the hearing by the official who issues the development permit or that official’s designee.

(2) The representative of a State unit at a joint hearing or consolidated hearing may participate fully in the hearing with respect to information, views, and supporting material relevant to the issuance of the development permit by the State unit.

(b) (1) An individual designated by the local government shall preside over a joint hearing.

(2) The Coordinator, or a hearing examiner designated by the Coordinator, shall preside over a consolidated hearing.

(c) At a joint hearing or consolidated hearing, the applicant may submit relevant information and material in support of an application for a development permit that is on the agenda for the hearing.

(d) At a joint hearing or consolidated hearing, any person or governmental unit shall be given the opportunity to present relevant facts, evidence, or arguments for or against the granting of a development permit that is on the agenda for the hearing.
Md. Code, Courts and Judicial Proceedings § 11-504 — MD Code / Article gcj / Title 11 / Subtitle 5 / Section 11-504
§11–504.
Status: in_force

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

(2) “Depository institution” means a bank, credit union, trust company, savings bank, or savings and loan association, or any of their affiliates or subsidiaries.

(3) “Value” means fair market value as of the date on which the execution or other judicial process becomes effective against the property of the debtor, or the date of filing the petition under the federal Bankruptcy Code.

(b) The following items are exempt from execution on a judgment:

(1) Wearing apparel, books, tools, instruments, or appliances, in an amount not to exceed $5,000 in value necessary for the practice of any trade or profession except those kept for sale, lease, or barter.

(2) Except as provided in subsection (i) of this section, money payable in the event of sickness, accident, injury, or death of any person, including compensation for loss of future earnings. This exemption includes but is not limited to money payable on account of judgments, arbitrations, compromises, insurance, benefits, compensation, and relief. Disability income benefits are not exempt if the judgment is for necessities contracted for after the disability is incurred.

(3) Professionally prescribed health aids for the debtor or any dependent of the debtor.

(4) The debtor’s interest, not to exceed $1,000 in value, in household furnishings, household goods, wearing apparel, appliances, books, animals kept as pets, and other items that are held primarily for the personal, family, or household use of the debtor or any dependent of the debtor.

(5) Subject to subsection (c)(3) of this section, up to $500 in a deposit account or other account of the debtor held by a depository institution, without election of the debtor.

(6) Cash or property of any kind equivalent in value to $6,000 is exempt, if within 30 days from the date of the attachment or the levy by the sheriff, the debtor elects to exempt cash or selected items of property in an amount not to exceed a cumulative value of $6,000, except that the cumulative value of cash and property exempted under this item and item (5) of this subsection may not exceed $6,000.

(7) Money payable or paid in accordance with an agreement or court order for child support.

(8) Money payable or paid in accordance with an agreement or court order for alimony to the same extent that wages are exempt from attachment under § 15–601.1(b)(1)(i) of the Commercial Law Article.

(9) The debtor’s beneficial interest in any trust property that is immune from the claims of the debtor’s creditors under § 14.5–511 of the Estates and Trusts Article.

(10) With respect to claims by a separate creditor of a husband or wife, trust property that is immune from the claims of the separate creditors of the husband or wife under § 14.5–511 of the Estates and Trusts Article.

(c) (1) (i) In order to determine whether the property listed in subsection (b)(4) and (6) of this section is subject to execution, the sheriff shall appraise the property at the time of levy.

(ii) The sheriff shall return the appraisal with the writ.

(iii) An appraisal made by the sheriff under this paragraph is subject to review by the court on motion of the debtor.

(iv) Procedures will be as prescribed by rules issued by the Supreme Court of Maryland.

(2) (i) A writ of garnishment issued for a deposit account or other account held by a depository institution shall instruct the garnishee that, subject to additional exemptions, it is to garnish only the amount exceeding the amount exempted without election of the debtor.

(ii) A depository institution may not be liable to the judgment creditor for actions taken in good faith reliance on the instructions in the writ of garnishment required under this paragraph.

(3) (i) A depository institution shall, on receipt of a writ of garnishment or other levy or attachment, answer the writ of garnishment or other levy or attachment and, if the debtor maintains any deposit accounts with the depository institution, state:

1. That the total amount does not exceed $500; or

2. The amount of funds in excess of $500 that has been held pending further order of court.

(ii) For any funds in excess of $500, the depository institution shall follow all other customary procedures for handling a writ of garnishment or other levy or attachment, including freezing of funds.

(iii) 1. If a debtor holds an interest in multiple deposit accounts at a single depository institution, the depository institution may determine how and to which account or accounts the $500 exemption should be applied.

2. This subparagraph does not create a cause of action against a depository institution that complies with a writ of garnishment or other levy or attachment.

(iv) The exemption under subsection (b)(5) of this section:

1. Applies separately to each depository institution and to each writ of garnishment directed to a depository institution; and

2. Does not preclude or reduce a debtor’s rights to any other exemption provided by State or federal law.

(d) The debtor may not waive, by cognovit note or otherwise, the provisions of subsections (b) and (h) of this section.

(e) The exemptions in this section do not apply to wage attachments.

(f) (1) (i) In addition to the exemptions provided in subsection (b) of this section, and in other statutes of this State, in any proceeding under Title 11 of the United States Code, entitled “Bankruptcy”, any individual debtor domiciled in this State may exempt the debtor’s aggregate interest in:

1. Personal property, up to $5,000; and

2. Subject to subparagraph (ii) of this paragraph:

A. Owner–occupied residential real property, including a condominium unit or a manufactured home that has been converted to real property in accordance with § 8B–201 of the Real Property Article; or

B. A cooperative housing corporation that owns property that the debtor occupies as a residence.

(ii) The exemption allowed under subparagraph (i)2 of this paragraph may not exceed the amount under 11 U.S.C. § 522(d)(1), adjusted in accordance with 11 U.S.C. § 104, subject to the provisions of paragraphs (2) and (3) of this subsection.

(2) An individual may not claim the exemption under paragraph (1)(i)2 of this subsection on a particular property if:

(i) The individual has claimed successfully the exemption on the property within 8 years prior to the filing of the bankruptcy proceeding in which the exemption under this subsection is claimed; or

(ii) The individual’s spouse, child, child’s spouse, parent, sibling, grandparent, or grandchild has claimed successfully the exemption on the property within 8 years prior to the filing of the bankruptcy proceeding in which the exemption under this subsection is claimed.

(3) The exemption under paragraph (1)(i)2 of this subsection may not be claimed by both a husband and wife in the same bankruptcy proceeding.

(g) In any bankruptcy proceeding, a debtor is not entitled to the federal exemptions provided by § 522(d) of the federal Bankruptcy Code.

(h) (1) In addition to the exemptions provided in subsections (b) and (f) of this section and any other provisions of law, any money or other assets payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan qualified under § 401(a), § 403(a), § 403(b), § 408, § 408A, § 414(d), or § 414(e) of the United States Internal Revenue Code of 1986, as amended, or § 409 (as in effect prior to January 1984) of the United States Internal Revenue Code of 1954, as amended, shall be exempt from any and all claims of the creditors of the beneficiary or participant, other than claims by the Maryland Department of Health.

(2) Paragraph (1) of this subsection does not apply to:

(i) An alternate payee under a qualified domestic relations order, as defined in § 414(p) of the United States Internal Revenue Code of 1986, as amended;

(ii) A retirement plan, qualified under § 401(a) of the United States Internal Revenue Code of 1986, as amended, as a creditor of an individual retirement account qualified under § 408 of the United States Internal Revenue Code of 1986, as amended; or

(iii) The assets of a bankruptcy case filed before January 1, 1988.

(3) The interest of an alternate payee in a plan described under paragraph (1) of this subsection shall be exempt from any and all claims of any creditor of the alternate payee, except claims by the Maryland Department of Health.

(4) If a contribution to a retirement plan described under paragraph (1) of this subsection exceeds the amount deductible or, in the case of contribution under § 408A of the Internal Revenue Code, the maximum contribution allowed under the applicable provisions of the United States Internal Revenue Code of 1986, as amended, the portion of that contribution that exceeds the amount deductible or, in the case of contribution under § 408A of the Internal Revenue Code, the maximum contribution allowed, and any accrued earnings on such a portion, are not exempt under paragraph (1) of this subsection.

(i) (1) In this subsection, “net recovery” means the sum of money to be distributed to the debtor after deduction of attorney’s fees, expenses, medical bills, and satisfaction of any liens or subrogation claims arising out of the claims for personal injury, including those arising under:

(i) The Medicare Secondary Payer Act, 42 U.S.C. § 1395y;

(ii) A program of the Maryland Department of Health for which a right of subrogation exists under §§ 15–120 and 15–121.1 of the Health – General Article;

(iii) An employee benefit plan subject to the federal Employee Retirement Income Security Act of 1974;

(iv) A health insurance contract; or

(v) A workers’ compensation insurance plan.

(2) Twenty–five percent of the net recovery by the debtor is subject to execution on a judgment for a child support arrearage on a claim for:

(i) Personal injury; or

(ii) Workers’ compensation indemnity benefits, including any weekly benefits or settlement proceeds payable to the debtor.
Md. Code, Financial Institutions § 11-508.1 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-508.1
§11–508.
Status: in_force

§11–508.1.

(a) An applicant for a new license or for the renewal of a license shall satisfy the Commissioner that the applicant or licensee has, and at all times will maintain, a minimum tangible net worth computed according to generally accepted accounting principles or, with respect to an applicant or licensee described in item (1) of this subsection, any other recognized comprehensive basis of accounting approved by the Commissioner:

(1) In the case of an applicant that applies to act as a mortgage broker or a licensee that acts as a mortgage broker, in the amount of $25,000;

(2) In the case of an applicant that applies to act as a mortgage loan servicer that operates as an approved servicer for a government–sponsored enterprise (GSE) or a licensee that acts as a mortgage servicer and operates as an approved servicer for a GSE, in the largest amount required of the applicant or licensee by the standards of the GSE;

(3) In the case of an applicant that applies to act as a mortgage servicer that does not operate as an approved servicer for a GSE or a licensee that acts as a mortgage servicer that does not operate as an approved servicer for a GSE:

(i) $100,000, if the unpaid principal balance of the entire servicing portfolio is less than or equal to $50,000,000;

(ii) $250,000, if the unpaid principal of the entire servicing portfolio is greater than $50,000,000 but less than or equal to $100,000,000;

(iii) $500,000, if the unpaid principal balance of the entire servicing portfolio is greater than $100,000,000 but less than or equal to $250,000,000; or

(iv) $1,000,000, if the unpaid principal balance of the entire servicing portfolio is greater than $250,000,000; and

(4) In the case of an applicant that applies to lend money secured by a dwelling or residential real estate or a licensee that lends money secured by a dwelling or residential real estate, in the amount of:

(i) $25,000, if the applicant or licensee, in the 12 months prior to the license application or the renewal application, lent in the aggregate not more than $1,000,000 secured by a dwelling or residential real estate;

(ii) $50,000, if the applicant or licensee, in the 12 months prior to the license application or the renewal application, lent in the aggregate more than $1,000,000, but not more than $5,000,000 secured by a dwelling or residential real estate;

(iii) $100,000, if the applicant or licensee, in the 12 months prior to the license application or the renewal application, lent in the aggregate more than $5,000,000, but not more than $10,000,000 secured by a dwelling or residential real estate; and

(iv) $250,000, if the applicant or licensee, in the 12 months prior to the license application or the renewal application, lent in the aggregate more than $10,000,000 secured by a dwelling or residential real estate.

(b) (1) Subject to paragraphs (2), (3), and (4) of this subsection, the minimum net worth requirements under subsection (a) of this section may be satisfied by the applicant or licensee having:

(i) Cash on deposit with a bank or depository institution;

(ii) A working capital line of credit from a bank or depository institution;

(iii) An irrevocable letter of credit from a bank or depository institution;

(iv) Other assets; or

(v) A combination of cash, a working capital line of credit, an irrevocable letter of credit, or other assets.

(2) If cash is used toward satisfying the minimum net worth requirements under subsection (a) of this section, the applicant or licensee shall submit to the Commissioner a bank letter verifying:

(i) The account balance;

(ii) The type of account in which the funds are held; and

(iii) That the funds are not encumbered or hypothecated in any way.

(3) (i) If a working capital line of credit is used toward satisfying the minimum net worth requirements under subsection (a) of this section, the applicant or licensee shall submit to the Commissioner a copy of the line of credit agreement and the promissory note, and, subject to subparagraphs (ii) and (iii) of this paragraph, a reservation of the working capital line of credit in favor of the Commissioner by the bank or depository institution.

(ii) A working capital line of credit may not be used toward satisfying more than 75% of the minimum net worth requirements under subsection (a) of this section.

(iii) A working capital line of credit may not be used toward satisfying the minimum net worth requirements under subsection (a)(2) and (3) of this section.

(4) (i) If an irrevocable letter of credit is used toward satisfying the minimum net worth requirements under subsection (a) of this section, the applicant or licensee shall submit to the Commissioner the original irrevocable letter of credit.

(ii) An irrevocable letter of credit may not:

1. Terminate prior to the expiration of a license; or

2. Be modified or revoked without the prior written consent of the Commissioner.

(c) A licensee shall provide to the Commissioner proof of satisfying minimum net worth requirements under subsection (a) of this section within 90 days after the last day of the licensee’s most recent fiscal year.
Md. Code, State Personnel and Pensions § 11-110 — MD Code / Article gsp / Title 11 / Subtitle 1 / Section 11-110
§11–110.
Status: in_force

(a) (1) Within 10 days after receiving a decision under § 11–109 of this subtitle, an employee or an employee’s representative may appeal the decision in writing to the Secretary.

(2) An appeal shall state, to the extent possible, the issues of fact and law that are the basis for the appeal.

(b) Within 30 days after receiving an appeal, the Secretary or designee shall:

(1) (i) mediate a settlement between the employee and the unit; or

(ii) refer the appeal to the Office of Administrative Hearings; and

(2) advise the employee in writing of the Secretary’s action.

(c) (1) Within 30 days after receiving the appeal, the Office of Administrative Hearings shall schedule a hearing and notify the parties of the hearing date.

(2) The Office of Administrative Hearings shall dispose of the appeal or conduct a hearing on each appeal in accordance with Title 10, Subtitle 2 of the State Government Article. The Office is bound by any regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the Department is or would have been bound if it were hearing the case.

(d) (1) Except as otherwise provided by this subtitle, the Office of Administrative Hearings may:

(i) uphold the disciplinary action;

(ii) rescind or modify the disciplinary action taken and restore to the employee any lost time, compensation, status, or benefits; or

(iii) order:

1. reinstatement to the position that the employee held at dismissal;

2. full back pay and benefits; or

3. both 1 and 2.

(2) Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue to the parties a written decision.

(3) The decision of the Office of Administrative Hearings is the final administrative decision.

(4) The principal unit that employs the employee shall pay all costs related to the appeal that are incurred by the Office of Administrative Hearings.

(e) (1) If a written decision issued under subsection (d) of this section is not appealed in accordance with § 10–222 of the State Government Article, within 45 days after issuance of a decision to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.

(2) If a written decision issued under subsection (d) of this section is appealed in accordance with § 10–222 of the State Government Article, within 45 days after the issuance of a final decision on appeal to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.
Md. Code, Business Regulation § 11-1101 — MD Code / Article gbr / Title 11 / Subtitle 11 / Section 11-1101
§11–1101.
Status: in_force

This title is the Maryland Horse Racing Act.
Md. Code, Commercial Law § 11-102 — MD Code / Article gcl / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

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

(b) “Attorney General” means the Attorney General of the State of Maryland.

(c) “Business relationship” means any aspect of business:

(1) Dealing with the sale, purchase, licensing or provision of goods, services or information; or

(2) Affecting the ownership, management, employees, hiring practices, customers, clients, suppliers, contractors, subcontractors or other business associates of any person engaged in commerce.

(d) “Control” means the power to exercise a controlling influence over the management policies of an entity, to influence that management or policies or play a significant role in the implementation of them.

(e) “Discriminatory boycott” means the entering into or carrying out of any provision, express or implied, of any agreement, understanding or contractual arrangement for economic benefit between any person and any foreign government, foreign person, or international organization, which is not specifically authorized by the law of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by the foreign government, foreign person, or international organization in order to restrict, condition, prohibit, or interfere with any business relationship on the basis of a domestic individual’s race, color, creed, religion, sex, sexual orientation, disability, gender identity, or national origin. Except, that entering into an agreement, understanding or contractual arrangement with respect to the handling or shipping of goods while in international and not intrastate transit or executing and delivering any other document with respect to the handling or shipping of goods while in international and not intrastate transit or carrying out or complying with any provision with respect to the choice of carrier in international and not intrastate transit or the international routing of goods while in international and not intrastate transit contained in any such agreement, understanding, contractual arrangement or other document may not constitute a discriminatory boycott within the meaning of this subtitle.

(f) “Domestic individual” means any individual whose residence, domicile, or principal place of business is in the United States and who is subject to the protection of the laws of the State of Maryland.

(g) “Foreign government” includes all governments and political subdivisions and the instrumentalities thereof, excepting the governments, political subdivisions, and instrumentalities of the United States and the states, commonwealths, territories and possessions of the United States, and the District of Columbia.

(h) “Foreign persons” means any person whose principal place of residence, business or domicile is outside the United States, or any person controlled directly or indirectly by any other person whose principal place of residence, business or domicile is outside the United States.

(i) “International organization” means any association or organization, of which a substantial portion of the membership includes foreign persons or foreign governments, but does not include an international labor organization.

(j) “Person” includes one or more of the following and their agents, employees, servants, representatives, directors, officers, partners, members, managers and superintendents: individuals, the State of Maryland, corporations, partnerships, joint ventures, associations, labor organizations, but not including international labor organizations, educational institutions, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and all other entities recognized at law or in equity by this State.

(k) “State of Maryland” means the State and its political subdivisions and each of the instrumentalities of the State and the political subdivision.
Md. Code, Education § 11-105 — MD Code / Article ged / Title 11 / Subtitle 1 / Section 11-105
§11–105.
Status: in_force

(a) (1) In this section, “emerging workforce need program” means a graduate level program identified by the Commission under subsection (c)(2)(i)1 of this section that:

(i) No institution of higher education in the State offers;

(ii) Addresses a job or industry need that is innovative, unique, and rare; and

(iii) Could leverage federal, State, or private resources on a long–term basis with immediate development by an institution of higher education.

(2) “Emerging workforce need program” does not mean a specific academic program identified by the Commission to fulfill or support an identified current State and regional workforce need.

(b) In addition to any other powers granted and duties imposed by this title and subject to any restrictions imposed by law, the Commission has the powers and duties set forth in this section.

(c) (1) The Commission shall coordinate the overall growth and development of postsecondary education in the State.

(2) (i) In consultation with the governing boards and agencies concerned with postsecondary education in the State, the Commission shall develop and periodically update an overall plan consistent with the Charter, known as the State Plan for Higher Education, that shall identify:

1. The present and future needs for postsecondary education and research throughout the State, including current and emerging State and regional workforce needs and any specific academic programs institutions could develop to fulfill or support identified current State and regional workforce needs and any emerging workforce need programs in accordance with subparagraph (iv) of this paragraph;

2. The present and future capabilities of the different institutions and segments of postsecondary education in the State, including any specific academic programs institutions could develop to fulfill or support identified workforce needs; and

3. The long–range and short–range objectives and priorities for postsecondary education and methods and guidelines for achieving and maintaining them.

(ii) The Commission shall ensure that the State Plan for Higher Education complies with the State’s equal educational opportunity obligations under State and federal law, including Title VI of the Civil Rights Act.

(iii) In developing the State Plan for Higher Education, the Commission shall incorporate the goals and priorities for higher education for all public institutions of higher education.

(iv) In identifying State and regional workforce needs and emerging workforce need programs for the State Plan for Higher Education, the Commission shall:

1. Use the uniform and consistent baseline data, including common sources and measurements, about workforce needs developed in collaboration with the Department of Commerce and the Maryland Department of Labor;

2. Consult, as necessary, with other State agencies with unique expertise in specific workforce segments, including the Maryland Longitudinal Data System Center, occupational licensing boards, and national organizations;

3. Use data from resources and literature relating to specific occupations;

4. Provide all institutions of higher education in the State with access to this baseline data; and

5. Consult with each segment of higher education.

(v) The Commission shall update the workforce needs identified in the most recent version of the State Plan for Higher Education each year as an appendix to the Plan and post the update on the Commission’s website.

(3) (i) The Commission shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a quadrennial review of the plan by July 1, 2009, and by July 1 of each fourth year thereafter.

(ii) The quadrennial review shall include a report on the status and needs of postsecondary education in the State.

(iii) Beginning with the quadrennial review of the State Plan for Higher Education due by July 1, 2026, and each annual update to the workforce needs as an appendix to the Plan under paragraph (2)(v) of this subsection, the Commission shall submit the proposed plan, or update to the plan, to the Legislative Policy Committee for review and comment before adoption by the Commission.

(4) In the year immediately following the quadrennial review of the State Plan for Higher Education and in accordance with Subtitle 3 of this title, the Commission shall review, negotiate as necessary, and approve the appropriate role, function, and mission of each public institution of postsecondary education in the State.

(5) (i) With respect to the College Park Campus of the University of Maryland, the Commission shall direct the Board of Regents of the University System of Maryland to develop and implement a plan for the enhancement of that campus as the State’s flagship campus with programs and faculty nationally and internationally recognized for excellence in research and the advancement of knowledge.

(ii) With respect to the constituent institutions of the University System of Maryland in the Baltimore region, the Commission shall direct the Board of Regents of the University System of Maryland to maintain and enhance a coordinated Higher Education Center for Research and Graduate and Professional Study in the Baltimore area.

(iii) With respect to Morgan State University, the Commission shall direct the Board of Regents of Morgan State University to develop and implement a plan for the enhancement of that institution and designation as the State’s preeminent public urban research university with the appropriate programs, faculty, and facilities.

(6) The Commission has statewide coordinating responsibility for the community colleges and shall establish general policies for their operation.

(7) The Commission has authority to approve regional higher education centers to operate in the State and has statewide coordinating responsibility for regional higher education centers.

(8) The Commission may distribute strategic incentive funds to an institution of higher education or a regional higher education center to encourage attainment of the goals and priorities set forth in the State Plan for Higher Education.

(9) The Commission has statewide coordinating responsibilities for institutions of higher education to ensure the State achieves the goals established under § 10–205 of this article.

(d) With respect to the community colleges, the Commission:

(1) May provide grants–in–aid for the planning of new community colleges and new programs in existing community colleges;

(2) Shall administer programs of State support and financial assistance for the community colleges;

(3) Shall assist and represent the community colleges in seeking and administering federal money available to them;

(4) May designate any community college instructional program as a statewide or regional program;

(5) Shall ensure that courses and programs offered are within the scope of the mission of the community colleges;

(6) Shall ensure that State funds for community colleges are spent prudently and in accordance with State guidelines;

(7) Shall provide centralized data processing assistance; and

(8) Shall coordinate relationships between the community colleges, the State and county public school systems, and the private high schools to:

(i) Facilitate cooperation among them in the guidance and admission of students to the community colleges; and

(ii) Arrange for the most advantageous use of facilities.

(e) (1) A regional higher education center must be approved by the Commission before the center is authorized to operate in the State.

(2) With respect to the regional higher education centers, the Commission:

(i) May require submission of strategic plans in accordance with guidelines adopted by the Commission;

(ii) May provide grants to regional higher education centers for ongoing operating expenses and lease payments in accordance with the funding formula in paragraph (4) of this subsection;

(iii) Shall administer programs of State support and financial assistance for the regional higher education centers;

(iv) Shall assure that courses and programs offered are within the scope of the approved missions of the regional higher education centers and specifically satisfy the criteria set forth in § 10–212(b) of this article; and

(v) Except as provided in paragraph (3) of this subsection, shall assure that State funds for the regional higher education centers are:

1. Spent prudently and in accordance with State guidelines; and

2. Consistent with the State Plan for Higher Education and the approved mission statements of the regional higher education centers.

(3) With respect to the regional higher education centers administered by the University System of Maryland, the University System of Maryland shall assure that State funds for the regional higher education centers are spent prudently and in accordance with State guidelines.

(4) (i) 1. In this paragraph the following words have the meanings indicated.

2. “Degree–seeking student” means a student enrolled in a 2+2, baccalaureate, master’s, or doctoral degree program at a regional higher education center.

3. “2+2 program” means a collaborative program between a community college and a 4–year university that leads to a bachelor’s degree.

(ii) As funding is provided in the annual State budget, the Commission shall calculate the amount of the annual apportionment for each regional higher education center administered by the Commission using the following funding formula:

1. A base allocation for each center of $200,000;

2. Incentive funding for degree–seeking, full–time equivalent students that is tied to the inflation–adjusted fiscal year 2005 General Fund appropriations per full–time equivalent student at the Universities at Shady Grove;

3. Lease funding for centers with leased space that have not received State capital funding support; and

4. Special funding for one–time projects or start–up costs.

(iii) The Commission shall adopt regulations to implement the funding formula in this paragraph.

(f) (1) The Commission is the State Postsecondary Education Commission under Title XII of the Higher Education Act of 1965.

(2) The Commission is the State approving agency for purposes of implementing educational benefit programs administered by the U.S. Department of Veterans Affairs.

(3) The Commission is responsible for receiving and allocating federal funds that, under federal law or regulation, must be allocated among segments by a statewide authority.

(g) (1) The Commission is responsible for:

(i) Developing a program of desegregation and equal educational opportunity, including developing an enhancement plan, for historically African American colleges and universities;

(ii) Monitoring the progress made under, and assuring compliance with, the goals, measures, and commitments contained in the desegregation and equal education opportunity plan;

(iii) Making recommendations concerning needed resources for achieving the goals and objectives under this subsection;

(iv) Requiring reports from each governing board concerning progress toward equal opportunity in all activities and programs under its jurisdiction; and

(v) Reporting to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly regarding the progress of compliance with desegregation and equal education opportunity plans.

(2) In carrying out its responsibilities under this subsection, the Commission may:

(i) Designate a division or office to coordinate and monitor the equal opportunity activities of public institutions of higher education in the State;

(ii) Require the governing boards of public institutions of higher education to submit plans, reports, and data, in the format and using such forms as the Commission prescribes; and

(iii) Evaluate the effectiveness of institutional efforts and methods.

(h) The Commission shall:

(1) Administer State funds for private nonprofit institutions of higher education in the State; and

(2) Assure that the purposes for which these funds were appropriated are achieved.

(i) The Commission:

(1) May secure, compile, and evaluate information on any matter within its authority, in the format it requires, from any person, agency, regional higher education center, or institution subject to its authority;

(2) May engage in research, data compilation, and publication of reports concerning postsecondary education in the State;

(3) Through its representatives, may visit at any reasonable times and make reasonable inspections of any institution of postsecondary education or regional higher education center subject to its authority;

(4) In consultation with the segments of higher education, shall develop guidelines to assess the adequacy of operating and capital funding based on comparisons with institutions designated as peer institutions and other appropriate factors; and

(5) In consultation with the Department of Budget and Management, annually shall make recommendations consistent with the Charter and the plan under subsection (c) of this section on the appropriate level of funding for higher education.

(j) (1) On or before a date set by the Commission, each of the following governing boards and agencies shall submit to the Commission its annual operating budget requests and proposals for capital projects, by constituent institutions and affiliated regional higher education centers for the next fiscal year:

(i) The Board of Regents of the University System of Maryland;

(ii) The Board of Regents of Morgan State University;

(iii) The Board of Trustees of St. Mary’s College of Maryland;

(iv) The State Advisory Council for Title I of the Higher Education Act of 1965;

(v) The Board of Trustees of Baltimore City Community College;

(vi) The Board of the Maryland Higher Education Investment Program; and

(vii) The governing body of each regional higher education center.

(2) In consultation with the Department of Budget and Management, the Commission shall present to the Governor, on or before a date set by the Governor, and simultaneously submit a copy to the General Assembly, a consolidated operating and capital budget for higher education that includes the operating and capital budget requests of the governing boards and institutions listed in paragraph (1) of this subsection, the operating budget request of the Commission, a report on the current funding of the adopted sets of peer institutions, and recommendations regarding the funding of higher education.

(3) In cooperation with the Department of Budget and Management, and without affecting the authority or responsibility of the Department under the State Finance and Procurement Article, the Commission shall:

(i) Review proposals for capital projects and improvements proposed by the public institutions of higher education in this State, by the Maryland Independent College and University Association, and by the regional higher education centers; and

(ii) Develop and submit to the Governor and the General Assembly recommendations as to these projects, which shall be consistent with the State Plan for Higher Education provided for in this section.

(4) In submitting recommendations pursuant to paragraph (2) of this subsection, the Commission shall comment on the overall level of funding for higher education in order to achieve the goals established in the State Plan for Higher Education, and may comment regarding funding priorities among segments of higher education and, within public senior higher education, among institutions. In reviewing the various budgets and submitting recommendations thereon, the Commission:

(i) May not require, of any segment or institution, a detailed budget presentation that tends to duplicate other presentations required in the budget process;

(ii) As to the funding priority of any institution, may comment only on the entity as a whole and not on any separate unit of the institution; and

(iii) As to the operating and capital budgets of the Board of Regents of the University System of Maryland and the Board of Regents of Morgan State University:

1. May review and comment only within the broad context of the State Plan for Higher Education; and

2. May not recommend against a budget item approved by the Board of Regents unless the item is clearly inconsistent with the State Plan for Higher Education.

(5) (i) In this paragraph, “higher education” means:

1. The University System of Maryland;

2. Morgan State University;

3. St. Mary’s College of Maryland;

4. All funding for the Maryland Higher Education Commission, including the funding of:

A. The Joseph A. Sellinger Program;

B. The Senator John A. Cade Funding Formula;

C. Fringe benefits provided under aid to community colleges; and

D. All scholarship and grant programs administered by the Commission; and

5. Baltimore City Community College.

(ii) It is the intent of the General Assembly that, barring unforeseen economic conditions, the Governor shall include in the annual budget submission for fiscal year 2000 and each year thereafter, an amount of General Fund State support for higher education equal to or greater than the amount appropriated in the prior year.

(iii) It is the goal of the State that General Fund and capital State support for higher education be funded annually in amounts that are no less than the following percentages of total General Fund State revenues:

1. 12.5 percent in fiscal year 2000;

2. 13.5 percent in fiscal year 2001;

3. 14.5 percent in fiscal year 2002;

4. 15 percent in fiscal year 2003; and

5. 15.5 percent in fiscal year 2004.

(k) (1) In this subsection, “community college” includes the Carroll County Community College and the Calvert County and St. Mary’s County branch campuses of the College of Southern Maryland established under the authority granted by § 16–103(l) of this article, and does not include the Baltimore City Community College.

(2) The Commission shall administer the general public junior or community college and regional community college construction program in accordance with this section and regulations approved by the Board of Public Works.

(3) (i) Whenever a county desires, or whenever the counties that support a regional community college desire, to participate in the financial assistance provided by the State for the general public junior or community college and regional community college construction program, the jurisdiction or jurisdictions shall file with the Commission a petition and such information as the Commission requires, together with a complete proposal for each project for which financial assistance is desired.

(ii) The Commission shall submit to the Department of Budget and Management a copy of each petition and project proposal.

(4) On receipt of the recommendations of the Department of Budget and Management on each petition and project proposal, the Commission shall make a written report to the Board of Public Works describing the request or requests for financial assistance received and recommending a disposition for each request.

(5) The Board of Public Works shall approve each grant and shall certify the amount of the grant to the Treasurer and the Comptroller. The Comptroller shall issue a warrant to the Treasurer to pay the grant to or on behalf of the petitioning jurisdiction or jurisdictions, when needed, for design and construction or the acquisition of real property or interests in land. The decision of the Board of Public Works shall be in such form as the Board deems advisable and shall be final and conclusive.

(6) The amount of the grant shall be a percentage of total design and construction costs, including site acquisition and development costs, as follows:

(i) For a regional community college established under § 16–202 of this article, 75 percent; or

(ii) For a public junior or community college that is not a regional community college, the greater of:

1. A percentage equal to that percentage of the foundation program that the State pays to the petitioning jurisdiction under § 5–202(b) of this article up to a maximum of 70 percent; or

2. 50 percent.

(7) The Commission shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article concerning the administration of the general public junior or community college and regional community college construction program.

(l) Subject to the provisions in Subtitle 2 of this title, the Commission may:

(1) Review any educational program offered at an institution of postsecondary education; and

(2) Establish guidelines relating to matters of general educational policy.

(m) Subject to the provisions of Title 18 of this article, the Commission shall administer the various scholarship, grant–in–aid, and tuition assistance programs established by law.

(n) (1) Subject to paragraph (2) of this subsection, the Commission shall administer existing programs for interstate and regional cooperation, including reciprocity agreements on matters that affect postsecondary education, and may propose such new programs as it deems appropriate to the educational needs of the State.

(2) (i) This paragraph shall apply only to a public institution of higher education.

(ii) In order to provide higher educational opportunities at minimum cost to students and the State, the Commission is authorized to participate in the Southern Regional Education Board Interstate Agreement, also known as the Academic Common Market, to provide an opportunity for qualified nonresident students to enroll in selected programs and curricula on a resident tuition and fee charge basis.

(iii) Notwithstanding any other provision of this article, the Commission is specifically authorized to create guidelines for the waiver of the collection of nonresident tuition and fee charges for students from other states that are enrolled in programs and curricula approved by the Commission as part of a regional or interstate agreement.

(iv) Before participating in any interstate agreement under this subsection, the Commission shall consult with:

1. The Board of Regents of the University System of Maryland;

2. The Board of Regents of Morgan State University;

3. The Board of Trustees of St. Mary’s College of Maryland; and

4. The affected community colleges.

(v) Any interstate reciprocal agreement entered into by the Commission involving the states of Pennsylvania and West Virginia shall supersede the provisions of § 16–310 of this article to the extent that the provisions of § 16–310 of this article are inconsistent with the reciprocal interstate agreement.

(3) The Commission is authorized to participate in the State Authorization Reciprocity Agreement (SARA).

(o) Subject to the provisions of § 11–401 of this title, the Commission shall serve as the repository for records of defunct institutions of postsecondary education.

(p) (1) The Commission may require an application or renewal fee from an institution of postsecondary education seeking:

(i) Certification to operate in the State;

(ii) An exemption from certification to operate in the State under § 11–202.1(b) of this title; or

(iii) Except for actions relating to programs offered at a regional higher education center, approval of any academic program action taken under Subtitle 2 of this title.

(2) (i) The revenues from application and renewal fees shall be distributed to a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(ii) Subject to subparagraph (iii) of this paragraph, the special fund may be used only to carry out the provisions of Subtitle 2 of this title.

(iii) At the end of each fiscal year, any amount in excess of $100,000 shall revert to the General Fund.

(iv) Any investment earnings of the fund shall be credited to the General Fund.

(3) Subject to the provisions of § 11–203 of this title, the Commission may require bonds or other financial guaranties from institutions of postsecondary education seeking certification or recertification to operate in the State.

(q) Subject to the provisions of § 11–402 of this title, the Commission shall regulate the solicitation of students by institutions of postsecondary education.

(r) The Commission shall recommend to the Governor and General Assembly appropriate revisions to the Charter.

(s) The Commission shall arbitrate to resolve differences among the segments of higher education in the State.

(t) The Commission shall establish and maintain a higher education information system for planning, coordination, and evaluation purposes.

(u) The Commission shall assist the Maryland Department of Health in implementing the vaccination requirements adopted under § 18–102(c) of the Health – General Article.

(v) The Commission may adopt any rule or regulation necessary to carry out its powers and duties.

(w) The Commission shall perform any other duty delegated to it in accordance with law.

(x) (1) Each open meeting of the Commission shall be made available to the public through live video streaming.

(2) The Commission shall make publicly available on the Internet a complete, unedited archived video recording of each open meeting for a minimum of 5 years after the date of the meeting.

(y) (1) On or before July 1, 2025, the Commission shall design and implement a unified scholarship application that, on completion, will result in the applicant applying for all of the centralized scholarship programs available in the Commission.

(2) The unified scholarship application shall:

(i) Be:

1. Available in multiple languages; and

2. Mobile accessible, including the ability for a student to upload documents from the student’s phone;

(ii) Include:

1. An electronic inbox that allows a student to see all communications sent to the student in one place;

2. A display that shows in an accessible and clear manner all required documents and the student’s progress in completing those documents;

3. The ability for a student to electronically sign all documents;

4. An integration of a student’s tax information from the Comptroller authorized under § 13–203(c)(12) of the Tax – General Article;

5. A way to contact the Commission with any questions for a timely answer; and

6. Videos and guidance to explain the application process.
Md. Code, Commercial Law § 11-205 — MD Code / Article gcl / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

(a) Except as provided in subsection (i) of this section, if the Attorney General believes that a person may be in possession, custody, or control of any documentary material, wherever situated, or may have any information which the Attorney General believes is relevant to the subject matter of an investigation of a possible violation of this subtitle, the Attorney General may serve on the person before institution of a civil proceeding for the violation a written civil investigative demand which requires that person to produce the documentary material and permit inspection and copying, to answer in writing written interrogatories, to give oral testimony concerning documentary material or information, or to furnish any combination of such material, answers, or testimony.

(b) (1) The demand of the Attorney General shall state the statute and section of the statute the alleged violation of which is under investigation, and the general subject matter of the investigation.

(2) If the demand requests production of documentary material, the demand shall:

(i) Describe the class of documentary material to be produced under the demand with reasonable specificity to indicate fairly the material demanded;

(ii) Prescribe a return date of not less than 3 days after the demand is served by which the documentary material is to be produced; and

(iii) Identify the member of the Office of the Attorney General to whom the documentary material is to be made available for inspection and copying.

(3) If the demand requests answers to written interrogatories, the demand shall:

(i) Propound the written interrogatories to be answered;

(ii) Prescribe a return date of not less than 3 days after the demand is served by which the answers to written interrogatories are to be submitted; and

(iii) Identify the member of the Office of the Attorney General to whom such answers are to be submitted.

(4) If the demand requests oral testimony, the demand shall:

(i) Prescribe a date, time, and place at which oral testimony is to be given;

(ii) Identify the member of the Office of the Attorney General who will conduct the examination; and

(iii) Identify the member of the Office of the Attorney General to whom the transcript of the examination is to be submitted.

(c) The demand of the Attorney General may not:

(1) Contain any requirement which would be unreasonable or improper if contained in a summons or summons duces tecum issued by a court of the State; or

(2) Require the disclosure of any documentary material, answers to written interrogatories, or oral testimony which could not be required by a summons or summons duces tecum issued by a court of the State.

(d) Service of the demand of the Attorney General shall be made by:

(1) Delivering an executed copy of the demand to the person to be served;

(2) Delivering an executed copy of the demand to an officer, agent, or employee of the person to be served at the person’s principal place of business in the State if the person is not a natural person or is not available; or

(3) Mailing by registered or certified mail an executed copy of the demand addressed to the person to be served at the person’s principal place of business in the State or, if the person has no place of business in the State, at the person’s principal office or place of business out of State.

(e) The documentary material demanded under this section shall be produced for inspection and copying and oral testimony shall be given during normal business hours at the principal office or place of business of the person served, or at any other time or place agreed to by the person served and the Attorney General.

(f) (1) Unless otherwise ordered by the court for good cause shown, the documentary material, written answers to interrogatories, transcripts of oral testimony, or copies of any product of discovery produced under the demand may not be presented for inspection or copying by or their contents disclosed to any person other than an authorized employee of the Attorney General without the consent of the person who produced the material.

(2) Copies of the material produced shall be available for inspection and copying by the person who produced the material or the person’s authorized representative under any reasonable terms and conditions prescribed by the Attorney General.

(3) The Attorney General may use the material produced in the enforcement of this subtitle, including presentation before any court. Material which contains trade secrets may not be presented except with the approval of the court in which the action is pending and after adequate notice is given to the person furnishing the material.

(g) (1) A petition to extend the return date or to modify or set aside a demand issued under subsection (a) of this section may be filed at any time before the return date specified in the demand or within 20 days after the demand is served, whichever period is shorter.

(2) A petition to require the Attorney General or any other person to perform a duty imposed by this section and any other petitions in connection with the demand may be filed by the person on whom the demand is served.

(3) A petition filed under this subsection shall state good cause and be filed in the court of the county where the petitioner resides or where the petitioner’s principal place of business is located.

(h) (1) If a person fails to comply with a written civil investigative demand served on the person under this section, the Attorney General may file in the court of the county where the person resides, transacts business, or is found, and serve on the person a petition for an order of the court for the enforcement of this section.

(2) If the person transacts business in more than one county the petition shall be filed in the county where the person’s principal place of business is located, or in any other county agreed to by the parties to the petition.

(3) The court in which the petition is filed has jurisdiction to hear and determine the matter presented and enter any order required under this section.

(i) This section is not applicable to a criminal prosecution.
Md. Code, State Government § 11-506 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-506
§11–506.
Status: in_force

(a) (1) A request for a joint hearing shall be submitted to the local government when the application for the local development permit is submitted.

(2) The request to the local government for a joint hearing shall be:

(i) in writing; and

(ii) accompanied by a copy of the application for each State development permit that is required.

(b) (1) At the time the request is made to the local government, the applicant shall send to the Coordinator:

(i) a copy of the request for a joint hearing;

(ii) a copy of the application for each local and State development permit that is required for the relevant development project; and

(iii) a copy of any appendix to any application for a development permit.

(2) The Coordinator shall send copies of the relevant parts of these documents to each State unit from which a development permit is requested.
Md. Code, Courts and Judicial Proceedings § 11-602 — MD Code / Article gcj / Title 11 / Subtitle 6 / Section 11-602
§11–602.
Status: in_force

A sheriff may not levy by way of execution against a garnishee more than the amount the plaintiff makes appear to be the value of the property and credits attached in the hands of the garnishee, but in no event may the levied assets exceed the plaintiff’s debt and costs including the cost incurred to the plaintiff by the garnishee’s contest of the garnishment.
Md. Code, Education § 11-906 — MD Code / Article ged / Title 11 / Subtitle 9 / Section 11-906
§11–906.
Status: in_force

(a) Nothing in this subtitle shall be construed to require the Committee, the Library, or a publisher of instructional materials to:

(1) Convert instructional materials into accessible formats for blind and print disabled students; or

(2) Require a publisher to provide any format other than an electronic format provided under § 11–904 of this subtitle.

(b) A publisher of instructional material may not be required to:

(1) Perform any act that would constitute an infringement of a copyright under the Copyright Revision Act of 1976;

(2) Provide an electronic format of instructional material if the publisher:

(i) Publishes or manufactures a version of the instructional material that is accessible to students with disabilities;

(ii) Chooses to provide an electronic format of instructional material directly to a student in a timely manner; or

(iii) Has not previously produced a digital version of the fully edited and typeset instructional material, including instructional material produced by a method that does not require the creation of a digital file; or

(3) Provide an electronic format of instructional material that is no longer in print or available and offered for sale by the publisher.
Md. Code, Business Occupations and Professions § 11-201 — MD Code / Article gbo / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

There is a State Board of Pilots in the Department.
Md. Code, Transportation § 11-136 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-136
§11–136.
Status: in_force

(a) “Motorcycle” means a motor vehicle that:

(1) (i) Has motive power;

(ii) Has a seat or saddle for the use of the rider;

(iii) Is designed to travel:

1. On not more than three wheels in contact with the ground; and

2. At speeds exceeding 35 miles per hour; and

(iv) Is of a type required to comply with all motor vehicle safety standards applicable to motorcycles under federal law; or

(2) Is an autocycle.

(b) A detachable sidecar is an accessory to and not a part of a motorcycle.
Md. Code, Criminal Procedure § 11-630 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-630
§11–630.
Status: in_force

A person aggrieved by a final determination and order of the Attorney General under Part II of this subtitle may seek judicial review.
Md. Code, Education § 11-206.4 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-206.4
§11–206.
Status: in_force

§11–206.4.

(a) Notwithstanding the provisions of §§ 11–206 and 11–206.1 of this subtitle and subject to subsection (b) of this section, the Commission shall develop and implement a program review process for new proposed programs that:

(1) Are offered only online and to a majority of out–of–state students; and

(2) Enable the institutions of higher education in the State to compete with out–of–state competitors in the online marketplace.

(b) The process developed and implemented under subsection (a) of this section shall allow the Commission or an institution of higher education in the State to file with the Commission an objection to implementation of the proposed program, provided the objection is based on:

(1) Inconsistency of the proposed program with the institution’s approved mission for a public institution of higher education or the mission statement published in the official catalog of a private nonprofit institution of higher education;

(2) Not meeting a need consistent with the State Plan for Higher Education;

(3) Unreasonable program duplication of a fully online program that would cause harm to the State or students attending institutions of higher education in the State; or

(4) Unnecessary program duplication of a fully online program in violation of the State’s equal educational opportunity obligations under State and federal law.

(c) The Commission shall include the program review process developed under this section in the administrative procedures guide required under § 11–206.1(h) of this subtitle.
Md. Code, Human Services § 11-801 — MD Code / Article ghu / Title 11 / Subtitle 8 / Section 11-801
§11–801.
Status: in_force

This title may be cited as the “Maryland Legal Services Corporation Act”.
Md. Code, Insurance § 11-221 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-221
§11–221.
Status: in_force

(a) Each advisory organization shall file with the Commissioner:

(1) a copy of its constitution, articles of agreement or association, or certificate of incorporation and its bylaws, rules, and regulations that govern its activities;

(2) a list of its members;

(3) the name and address of a resident of the State on whom may be served notices or orders of the Commissioner or process issued at the direction of the Commissioner; and

(4) an agreement that the Commissioner may examine the advisory organization in accordance with § 11-225 of this subtitle.

(b) If, after a hearing, the Commissioner finds that the provision of information or help by an advisory organization involves an act or practice that is unfair, unreasonable, or otherwise inconsistent with this subtitle, the Commissioner may issue a written order that specifies the ways in which the act or practice is unfair, unreasonable, or otherwise inconsistent with this subtitle and requires that the act or practice be discontinued.

(c) (1) An insurer that makes its own filings or a rating organization may not support its filings by statistics or adopt rate making recommendations provided to it by an advisory organization that has failed to comply with:

(i) this section; or

(ii) an order of the Commissioner issued under subsection (b) of this section that involves the statistics or recommendations.

(2) If the Commissioner finds that an insurer or rating organization has violated this subsection, the Commissioner may issue an order that requires that the violation be discontinued.
Md. Code, Real Property § 11-114.1 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-114.1
§11–114.
Status: in_force

§11–114.1.

(a) In this section, “fidelity insurance” includes a fidelity bond.

(b) This section does not apply to a condominium:

(1) That has four or fewer units; and

(2) For which 3 months’ worth of gross annual assessments is less than $2,500.

(c) (1) The council of unit owners or other governing body of a condominium shall purchase fidelity insurance not later than the time of the first conveyance of a unit to a person other than the developer and shall keep fidelity insurance in place for each year thereafter.

(2) The fidelity insurance required under paragraph (1) of this subsection shall provide for the indemnification of the condominium against loss resulting from acts or omissions arising from fraud, dishonesty, or criminal acts by:

(i) Any officer, director, managing agent, or other agent or employee charged with the operation or maintenance of the condominium who controls or disburses funds; and

(ii) Any management company employing a management agent or other employee charged with the operation or maintenance of the condominium who controls or disburses funds.

(d) A copy of the fidelity insurance policy or fidelity bond shall be included in the books and records kept and made available by the council of unit owners under § 11–116 of this title.

(e) (1) The amount of the fidelity insurance required under subsection (c) of this section shall equal at least the lesser of:

(i) 3 months’ worth of gross annual assessments and the total amount held in all investment accounts at the time the fidelity insurance is issued; or

(ii) $3,000,000.

(2) The total liability of the insurance to all insured persons under the fidelity insurance may not exceed the sum of the fidelity insurance.

(f) If a unit owner believes that the council of unit owners or other governing body of a condominium has failed to comply with the requirements of this section, the aggrieved unit owner may submit the dispute to the Division of Consumer Protection of the Office of the Attorney General under § 11–130 of this title.
Md. Code, Education § 11-406 — MD Code / Article ged / Title 11 / Subtitle 4 / Section 11-406
§11–406.
Status: in_force

(a) In this section, “cultural diversity” means the inclusion of those racial and ethnic groups and individuals that are or have been underrepresented in higher education.

(b) (1) (i) Each public institution of higher education in the State shall develop and implement a plan for a program of cultural diversity.

(ii) If an institution of higher education already has a program of cultural diversity, the institution of higher education shall develop and implement a plan for improving the program.

(iii) A plan developed and implemented under this subsection shall include an implementation strategy and a time line for meeting goals within the plan.

(2) A plan developed under paragraph (1) of this subsection shall include:

(i) A description of the way the institution addresses cultural diversity among its student, faculty, and staff populations;

(ii) A description of how the institution plans to enhance cultural diversity, if improvement is needed;

(iii) A process for reporting campus–based hate crimes, as defined under Title 10, Subtitle 3 of the Criminal Law Article and consistent with federal requirements under 20 U.S.C. 1092(f), known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; and

(iv) A summary of any resources, including State grants, needed by the institution to effectively recruit and retain a culturally diverse student body.

(3) A plan developed under paragraph (1) of this subsection shall enhance cultural diversity programming and sensitivity to cultural diversity through instruction and training of the student body, faculty, and staff at the institution of higher education.

(c) (1) On or before July 1 of each year, each institution shall submit the plan developed under subsection (b) of this section to the governing body of the institution for the governing body’s review.

(2) On or before September 1 of each year, the governing body of an institution shall submit a progress report regarding the institution’s implementation of its plan to the Commission.

(d) (1) The Commission shall review the progress report submitted by each governing body under subsection (c) of this section to monitor compliance with the diversity goals of the State Plan for Higher Education.

(2) On or before December 1 of each year, the Commission shall submit a report, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee, the Senate Budget and Taxation Committee, the House Appropriations Committee, and the House Committee on Ways and Means on the extent to which the institutions of higher education in the State are in compliance with the diversity goals of the State Plan for Higher Education.
Md. Code, Education § 11-1107 — MD Code / Article ged / Title 11 / Subtitle 11 / Section 11-1107
§11–1107.
Status: in_force

(a) For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation of $200,000 for the Program.

(b) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $500,000 for the Program.
Md. Code, Tax - General § 11-404 — MD Code / Article gtg / Title 11 / Subtitle 4 / Section 11-404
§11–404.
Status: in_force

The collection of the sales and use tax on a sale for use in the State is not affected even if:

(1) as a result of solicitation by the vendor in a catalog or other written advertisement, the order of the buyer or the contract of sale is delivered, mailed, or otherwise transmitted out of the State to the vendor;

(2) the order of the buyer or the contract of sale provides for tangible personal property obtained or manufactured out of the State to be shipped directly to the buyer from the point of origin;

(3) tangible personal property, intended to be brought into the State for use in the State, is delivered outside the State directly to the buyer;

(4) the order of the buyer or the contract of sale is made or closed:

(i) by acceptance or approval out of the State; or

(ii) before the tangible personal property enters the State; or

(5) whether transportation costs are paid by the vendor or the buyer, tangible personal property:

(i) is mailed to a buyer in the State from outside the State; or

(ii) is delivered outside the State to a carrier freight on board or otherwise and directed to the buyer in the State.
Md. Code, Financial Institutions § 11-208 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-208
§11–208.
Status: in_force

(a) Information in NMLS associated with a license approved by the Commissioner under this subtitle shall include the following:

(1) The licensee’s legal name and any trade name used by the licensee in accordance with § 2–121 of this article;

(2) The address of the licensee’s principal executive office; and

(3) The address of each additional location, if any, where the licensee does business and that:

(i) The general public may reasonably view as a location that makes loans, including any location that investigates customer complaints or directly communicates with customers verbally, electronically, or in writing;

(ii) Houses any core operational infrastructure or technology systems;

(iii) Conducts any core management, information security and technology, risk and compliance, or finance functions; or

(iv) Is otherwise required to be listed in NMLS by regulation the Commissioner adopts under this subtitle.

(b) A licensee shall maintain and update the information in NMLS associated with the licensee’s license to reflect accurately at all times the information required by subsection (a) of this section.

(c) The unique identifier of the licensee shall constitute the license number for the license.

(d) A license authorizes the licensee to do business under the license at any licensed location and under any licensed name, or as otherwise authorized by the Commissioner through regulation.
Md. Code, Education § 11-206 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

(a) This section does not apply to:

(1) New programs proposed to be implemented by public and private nonprofit institutions of higher education using existing program resources in accordance with § 11–206.1 of this subtitle;

(2) Programs offered by institutions of higher education that operate in the State without a certificate of approval in accordance with § 11–202.1(b) of this subtitle; and

(3) The Cyber Warrior Diversity Program established under Subtitle 14 of this title.

(b) (1) Prior to the proposed date of implementation, the governing body of an institution of postsecondary education shall submit to the Commission each proposal for:

(i) A new program; or

(ii) A substantial modification of an existing program.

(2) The Commission shall review each such proposal and:

(i) With respect to each public institution of postsecondary education, either approve or disapprove the proposal;

(ii) Except as provided in § 16–108(c) of this article, with respect to each private nonprofit or for–profit institution of higher education, either recommend that the proposal be implemented or that the proposal not be implemented; and

(iii) With respect to a private career school, either approve or disapprove the proposal.

(3) If the Commission fails to act within 60 days of the date of submission of the completed proposal, the proposal shall be deemed approved.

(4) Except as provided in paragraph (3) of this subsection, a public institution of postsecondary education and private career school may not implement a proposal without the prior approval of the Commission.

(5) (i) Except as provided in paragraph (3) of this subsection, and subject to subparagraph (ii) of this paragraph, a program that has not received a positive recommendation by the Commission may be implemented by:

1. Subject to the provisions of § 17–105 of this article, a private nonprofit institution of higher education; or

2. A for–profit institution of higher education.

(ii) If a private nonprofit or for–profit institution of higher education implements a proposal despite the recommendation from the Commission that a program not be implemented, the institution shall notify both prospective students of the program and enrolled students in the program that the program has not been recommended for implementation by the Commission.

(6) (i) If the Commission disapproves a proposal, the Commission shall provide to the governing body that submits the proposal a written explanation of the reasons for the disapproval.

(ii) After revising a proposal to address the Commission’s reasons for disapproval, the governing body may submit the revised proposal to the Commission for approval.

(c) (1) Prior to discontinuation, each institution of postsecondary education that proposes to discontinue an existing program shall provide written notification to the Commission specifying:

(i) The name of the program; and

(ii) The expected date of discontinuation.

(2) By rule or regulation, the Commission may require the payment by a private career school of a refund to any student or enrollee who, because of the discontinuation of an ongoing program, is unable to complete such program.

(d) The Commission shall review and make recommendations on programs in private nonprofit and for–profit institutions of higher education.

(e) (1) In this subsection, “governing board” includes the board of trustees of a community college.

(2) (i) The Commission shall adopt regulations establishing standards for determining whether two or more programs are unreasonably or unnecessarily duplicative.

(ii) The regulations shall:

1. Clearly identify all specific criteria and factors used by the Commission to determine whether two or more programs are unreasonably or unnecessarily duplicative;

2. Prioritize meeting State and regional workforce needs and preserving existing programs that are able to meet these workforce needs; and

3. Prioritize collaboration between institutions of higher education.

(3) The Commission may review existing programs at public institutions of postsecondary education if the Commission has reason to believe that academic programs are unreasonably or unnecessarily duplicative or inconsistent with an institution’s adopted mission.

(4) The Commission may make a determination that an unreasonable or unnecessary duplication of programs exists on its own initiative or after receipt of a request for determination from any directly affected public institution of postsecondary education.

(5) (i) If the Commission makes a determination under paragraph (4) of this subsection the Commission may:

1. Make recommendations to a governing board on the continuation or modification of the programs;

2. Require any affected governing board to submit a plan to resolve the duplication; and

3. Negotiate, as necessary, with any affected governing board until the unreasonable or unnecessary duplication is eliminated.

(ii) Notwithstanding the provisions of subparagraph (i) of this paragraph, if the Commission determines that two or more existing programs offered by institutions under the governance of different governing boards are unreasonably or unnecessarily duplicative, the governing boards of the institutions of postsecondary education at which the programs are offered shall have 180 days from the date of the Commission’s determination to formulate and present to the Commission a joint plan to eliminate the duplication.

(iii) If in the Commission’s judgment the plan satisfactorily eliminates the duplication, the governing board of the affected institutions shall be so notified and shall take appropriate steps to implement the plan.

(iv) If in the Commission’s judgment the plan does not satisfactorily eliminate the duplication, or if no plan is jointly submitted within the time period specified in paragraph (6) of this subsection, the governing board of the affected institutions shall be so notified. The Commission may then seek to eliminate the duplication by revoking the authority of a public institution of postsecondary education to offer the unreasonably or unnecessarily duplicative program.

(6) (i) Prior to imposing a sanction under paragraph (5) of this subsection, the Commission shall give notice of the proposed sanction to the governing board of each affected institution.

(ii) 1. Within 20 days of receipt of the notice, any affected institution may request an opportunity to meet with the Commission and present objections.

2. If timely requested, the Commission shall provide such opportunity prior to the Commission’s decision to impose a sanction.

(iii) The Commission’s decision shall be final and is not subject to further administrative appeal or judicial review.
Md. Code, Alcoholic Beverages and Cannabis § 11-1603 — MD Code / Article gab / Title 11 / Subtitle 16 / Section 11-1603
§11–1603.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Board may not issue a new license for an establishment whose entry is within 1,000 feet in a straight line from the entry of a place of worship or school.

(b) The prohibition against issuing a license in subsection (a) of this section does not apply to:

(1) the transfer of a license from the current license holder to a new license holder, unless the transfer would allow the sale of alcoholic beverages by another establishment within the 1,000–foot restriction;

(2) a nonprofit club or nonprofit organization;

(3) a restaurant that held a license at the time the restaurant was destroyed by fire, flood, windstorm, or other act of God, if a new place of worship or school has not been constructed within the 1,000–foot restriction;

(4) the issuance of a Class H beer and wine (on–sale) license or beer, wine, and liquor (on–sale) license;

(5) the issuance of a motel–restaurant complex or hotel–restaurant complex beer, wine, and liquor (on–sale) license;

(6) the issuance of a Class BLX (deluxe restaurant) (on–sale) beer, wine, and liquor license;

(7) the issuance of a gift basket permit; or

(8) the issuance of a Class B beer and wine (on–sale) license or Class B beer, wine, and liquor (on–sale) license for an establishment located within 1,000 feet of a school located at the Annapolis Mall.

(c) For an establishment that is within 1,000 feet of the grounds of a place of worship or school, the Board:

(1) may renew a license;

(2) may extend the area of the licensed premises; but

(3) may not change the operational classification of an existing license, unless the change is from a Class B, Class C, or Class D license to a Class H license.
Md. Code, Economic Development § 11-409 — MD Code / Article gec / Title 11 / Subtitle 4 / Section 11-409
§11–409.
Status: in_force

(a) The Corporation shall establish a system of financial accounting, controls, audits, and reports.

(b) The fiscal year of the Corporation begins on July 1 and ends on the following June 30.
Md. Code, Corporations and Associations § 11-513 — MD Code / Article gca / Title 11 / Subtitle 5 / Section 11-513
§11–513.
Status: in_force

A stop order may not be entered under any part of § 11–503.1, § 11–511, or § 11–512 of this subtitle, except § 11–512(a) of this subtitle, without:

(1) Appropriate prior notice to the applicant or registrant, the issuer, and the person on whose behalf the securities are to be or have been offered;

(2) Opportunity for hearing; and

(3) Written findings of fact and conclusions of law.
Md. Code, Real Property § 11A-106 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-106
§11A–106.
Status: reserved

(a) (1) The time-share instrument for a time-share estate project shall provide for a period of time, to be called the “developer control period”, during which the developer or a managing entity selected by the developer shall manage and control the time-share project.

(2) The developer shall be responsible for common expenses during the developer control period. Occupancy expenses shall be allocated only to the time-share estate owners. Nothing shall preclude the developer, during the developer control period, from collecting a periodic charge from the time-share estate owners for the payment of occupancy expenses. However, any such funds received and not spent or any other funds received and allocated to the benefit of the association, shall be transferred to the association by the developer immediately upon termination of the developer control period.

(3) Upon termination of the developer control period, the association shall be responsible for time-share expenses except that the developer shall be responsible for common expenses associated with his proportionate share of the time-share project. However, no time-share expense, dues, or assessment levied by the association shall discriminate against the developer.

(b) The time-share instrument for a time-share estate project shall also include provisions for the following:

(1) Termination of leases and contracts for goods and services entered into during the developer control period. Any such contract shall become voidable at the option of the association no later than 2 years after the developer sells the first time-share estate in the project; and

(2) A regular accounting by the developer to the association of matters that significantly affect the interest of time-share estate owners.

(c) Title to the common elements, if any, of the time-share estate project shall be transferred to the association, free of charge, no later than at such time as the developer either transfers to purchasers legal or equitable ownership of at least 75 percent of the time-share estates or completes all of the amenities and facilities comprising the time-share project, whichever shall occur later, but the developer may elect not to convey sooner than 2 years from the date the developer sells the first time-share estate. The developer control period shall terminate on the date of transfer of the common elements to the association.
Md. Code, Real Property § 11-133 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-133
§11–133.
Status: in_force

(a) Within three years following the date on which units have been granted by the developer to unit owners having a majority of the votes in the council of unit owners, any lease, and any management contract, employment contract, or other contract to which the council of unit owners is a party entered into between the date the property subjected to the condominium regime was granted to the developer and the date on which units have been granted by the developer to unit owners having a majority of votes in the council of unit owners may be terminated by a majority vote of the council of unit owners without liability for the termination. The termination shall become effective upon 30 days’ written notice of the termination from the council of unit owners.

(b) The provisions of this section do not apply to:

(1) Any contract or grant between the council of unit owners and any governmental agency or public utility; or

(2) A condominium that is occupied and used solely for nonresidential purposes.
Md. Code, Correctional Services § 11-102.1 — MD Code / Article gcs / Title 11 / Subtitle 1 / Section 11-102.1
§11–102.
Status: in_force

§11–102.1.

A municipal corporation or Baltimore City may not establish a local correctional facility outside its corporate limits unless it has obtained approval from the governing body of the county in which the local correctional facility is proposed to be established.
Md. Code, Commercial Law § 11-1208 — MD Code / Article gcl / Title 11 / Subtitle 12 / Section 11-1208
§11–1208.
Status: in_force

This subtitle shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subtitle among states enacting it.
Md. Code, State Personnel and Pensions § 11-112 — MD Code / Article gsp / Title 11 / Subtitle 1 / Section 11-112
§11–112.
Status: in_force

(a) If the principal unit has established a peer review panel for disciplinary actions in accordance with regulations adopted by the Secretary, the employee and the principal unit may agree in writing to submit the appeal to the peer review panel, instead of using the appeal procedures in §§ 11–109 and 11–110 of this subtitle.

(b) The peer review panel may take action as set forth in § 11–110(d)(1) of this subtitle.

(c) (1) Within the time required by regulation, the peer review panel shall issue to the parties a written decision.

(2) The decision of the peer review panel is the final administrative decision.

(d) (1) If a written decision issued under subsection (c) of this section is not appealed in accordance with § 10–222 of the State Government Article, within 45 days after issuance of a decision to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.

(2) If a written decision issued under subsection (c) of this section is appealed in accordance with § 10–222 of the State Government Article, within 45 days after the issuance of a final decision on appeal to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.
Md. Code, Tax - General § 11-1A-04 — MD Code / Article gtg / Title 11 / Subtitle 1A / Section 11-1A-04
§11–1A–04.
Status: in_force

The exemptions provided under Subtitle 2 of this title do not apply to the special use tax on electricity.
Md. Code, Alcoholic Beverages and Cannabis § 11-902 — MD Code / Article gab / Title 11 / Subtitle 9 / Section 11-902
§11–902.
Status: in_force

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

(b) The Board may issue the license for use by a restaurant that:

(1) has ample space and accommodations for regularly preparing, selling, and serving hot meals to the public at least twice daily;

(2) is equipped with a public dining room with sufficient tables, chairs, cutlery, and glassware to serve the meals prepared in the restaurant;

(3) is equipped with a kitchen that has complete facilities and utensils for preparing and serving hot and cold meals to the public; and

(4) employs a sufficient number of cooks and wait staff to serve the number of customers accommodated in the dining room.

(c) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license, for on– or off–premises consumption.

(d) Before each renewal of the license, the license holder shall attest in a sworn statement that the gross receipts from food sales for the 12–month period immediately preceding the application for renewal were at least equal to 51% of the gross receipts from the sale of food and alcoholic beverages sold for on–premises consumption.

(e) The annual fee for the license is $1,080.
Md. Code, Economic Development § 11-412 — MD Code / Article gec / Title 11 / Subtitle 4 / Section 11-412
§11–412.
Status: in_force

The Corporation may:

(1) acquire, improve, develop, manage, market, lease as lessor or lessee, operate, and maintain any project at the Bainbridge Naval Training Center; and

(2) acquire, either directly or by or through an agreement with the United States Navy, by purchase, gift, or devise, any property, rights, rights-of-way, franchises, easements, and other interests in land, including land lying under water and riparian rights located in or outside the State as necessary or convenient to improve or operate a project on terms and at prices that the Corporation considers reasonable.
Md. Code, State Personnel and Pensions § 11-111 — MD Code / Article gsp / Title 11 / Subtitle 1 / Section 11-111
§11–111.
Status: in_force

The Secretary, by regulation, shall establish policies and procedures for disciplinary actions related to employee performance, that include procedures for:

(1) providing counseling to an employee with deficiencies in performance;

(2) allowing an employee the opportunity to improve deficiencies in performance;

(3) imposing disciplinary actions, if warranted; and

(4) providing notice to an employee of any disciplinary action and the employee’s appeal rights.
Md. Code, Courts and Judicial Proceedings § 11-202 — MD Code / Article gcj / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

(a) In the absence of fraud, negligence, or willful trespass, the measure of damages for the wrongful working and abstracting of another’s minerals is the value to the person from whose property they were taken at the time of the taking of the minerals in their native state, before severance.

(b) If the minerals were abstracted furtively or in bad faith the measure of damages is the value of the minerals ready for market without allowance for labor and expenses.
Md. Code, Corporations and Associations § 11-704 — MD Code / Article gca / Title 11 / Subtitle 7 / Section 11-704
§11–704.
Status: in_force

(a) Any person aggrieved by a final order of the Commissioner may obtain a review of the order in conformity with the procedure prescribed in the Maryland Rules and in the Administrative Procedure Act.

(b) The commencement of proceedings under subsection (a) of this section, unless specifically ordered by the court, does not operate as a stay of the Commissioner’s order.
Md. Code, Criminal Procedure § 11-727 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-727
§11–727.
Status: in_force

(a) Unless waived by the State’s Attorney and defense counsel, before sentencing a defendant who is required to register under § 11–704 of this subtitle for a violation of § 3–602 of the Criminal Law Article, the court shall order the defendant to submit to:

(1) a presentence investigation conducted by the Division of Parole and Probation; and

(2) a mental health assessment, including whether the defendant is a danger to self or others, conducted by a qualified mental health professional employed or engaged by the Maryland Department of Health.

(b) The court shall consider the presentence investigation and mental health evaluation when sentencing the defendant.
Md. Code, Correctional Services § 11-1111 — MD Code / Article gcs / Title 11 / Subtitle 11 / Section 11-1111
§11–1111.
Status: in_force

Any dispute concerning the application or interpretation of this subtitle shall be resolved by the Assistant Sheriff.
Md. Code, Health Occupations § 11-601 — MD Code / Article gho / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: in_force

This title may be cited as the “Maryland Optometry Act”.
Md. Code, Transportation § 11-164 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-164
§11–164.
Status: in_force

“Suspend”, as used in reference to any license to drive a vehicle, means to withdraw temporarily, by formal action of the Administration, an individual’s license to drive a motor vehicle on highways in this State, but only for a period specifically designated by the Administration.
Md. Code, Correctional Services § 11-403 — MD Code / Article gcs / Title 11 / Subtitle 4 / Section 11-403
§11–403.
Status: in_force

The governing body of a county may establish a correctional farm.
Md. Code, Business Regulation § 11-523 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-523
§11–523.
Status: in_force

In this part, “State Fair Society” means the Maryland State Fair and Agricultural Society, Inc.
Md. Code, Commercial Law § 11-1106 — MD Code / Article gcl / Title 11 / Subtitle 11 / Section 11-1106
§11–1106.
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 and is subject to the enforcement and penalty provisions contained in Title 13 of this article.
Md. Code, Insurance § 11-226 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-226
§11–226.
Status: in_force

(a) (1) (i) So that the experience of all insurers may be made available at least annually in the form and detail necessary to help the Commissioner in determining whether rating systems comply with the standards set forth in this subtitle, the Commissioner shall adopt reasonable rules and statistical plans that are reasonably adapted to each of the rating systems on file with the Commissioner for the recording and reporting of loss and expense experience.

(ii) The Commissioner periodically may modify the rules and plans adopted under this subsection.

(iii) Each insurer shall use the rules and plans adopted by the Commissioner to record and report its loss and countrywide expense experience.

(2) The rules and plans adopted under this subsection may also provide for the recording and reporting of expense experience items that are specially applicable to the State and are not susceptible of determination by prorating countrywide expense experience.

(3) In adopting the rules and plans, the Commissioner shall give due consideration:

(i) to the rating systems on file with the Commissioner; and

(ii) to the rules and to the form of the plans used for the rating systems in other states, so that the rules and plans may be as uniform as is practicable among states.

(4) An insurer may not be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it.

(5) (i) The Commissioner may designate one or more rating organizations or other agencies to help in gathering and compiling experience information.

(ii) Subject to reasonable regulations adopted by the Commissioner, the compilations shall be made available to insurers and rating organizations.

(b) The Commissioner may adopt reasonable rules and plans for the interchange of data necessary for the application of rating plans.

(c) To further uniform administration of rate regulatory laws, the Commissioner and each insurer and rating organization may:

(1) exchange information and experience data with each other and with insurance supervisory officials, insurers, and rating organizations in other states; and

(2) consult with them about rate making and the application of rating systems.
Md. Code, Financial Institutions § 11-407 — MD Code / Article gfi / Title 11 / Subtitle 4 / Section 11-407
§11–407.
Status: in_force

(a) When an applicant for a license files the application and pays the fees required by § 11–404 of this subtitle, the Commissioner shall investigate the facts relevant to the application to determine if the applicant meets the requirements of this subtitle.

(b) The Commissioner shall approve or deny each application for a license within 60 days after the date on which the complete application is filed and the fees are paid.

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

(d) (1) If the Commissioner denies an application, the Commissioner shall:

(i) Notify the applicant of the denial;

(ii) Refund the license fee to the applicant; and

(iii) Keep the investigation fee and any charges collected under § 11–406 of this subtitle.

(2) (i) Within 20 days after the Commissioner denies an application, the Commissioner shall send a written notice to the applicant stating the reasons for the denial.

(ii) The notice shall be sent by United States mail, e–mail, or any means provided through NMLS to the address listed on the application.
Md. Code, Criminal Procedure § 11-715 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-715
§11–715.
Status: in_force

(a) (1) On request for a copy of a registration statement about a specific person, the supervising authority shall send a copy to:

(i) each witness who testified against the registrant in a court proceeding involving the crime; and

(ii) each person specified in writing by the State’s Attorney.

(2) Subject to paragraph (3) of this subsection, the supervising authority shall send a copy of a registration statement to each:

(i) victim of the crime for which the registrant was convicted; or

(ii) if the victim is a minor, the parents or legal guardian of the victim.

(3) A copy of the registration statement shall be sent if:

(i) a request is made in writing about a specific registrant; or

(ii) a notification request form has been filed under § 11-104 of this title.

(b) Information about a person who receives a copy of a registration statement under this section is confidential and may not be disclosed to the registrant or any other person.

(c) A supervising authority shall send a notice required under subsection (a)(2) of this section or § 11-712(a)(2) or (b)(2) of this subtitle to the last address given to the supervising authority.
Md. Code, Correctional Services § 11-305 — MD Code / Article gcs / Title 11 / Subtitle 3 / Section 11-305
§11–305.
Status: in_force

(a) The regulations adopted by the Secretary under § 8-103(a) and (b) of this article shall include minimum State standards for centers.

(b) The minimum State standards for centers shall include criteria and guidelines for:

(1) siting;

(2) physical characteristics, including design and layout;

(3) programs and staffing;

(4) screening procedures for placement;

(5) accounting, reporting, and accountability; and

(6) general program and management operations.
Md. Code, Estates and Trusts § 11-114 — MD Code / Article get / Title 11 / Subtitle 1 / Section 11-114
§11–114.
Status: in_force

(a) Unless good cause is shown for the appointment, a court may not appoint, as a guardian of the person of a minor or disabled person, a person who has been convicted of:

(1) A felony;

(2) A crime of violence, as defined in § 14–101 of the Criminal Law Article;

(3) Assault in the second degree; or

(4) A sexual offense in the third or fourth degree or attempted rape or sexual offense in the third or fourth degree.

(b) Unless good cause is shown for the appointment, a court may not appoint, as a guardian of the property of a minor or disabled person, a person who has been convicted of a crime that reflects adversely on an individual’s honesty, trustworthiness, or fitness to perform the duties of a guardian of the property of a minor or disabled person, including fraud, extortion, embezzlement, forgery, perjury, and theft.
Md. Code, Commercial Law § 11-1605 — MD Code / Article gcl / Title 11 / Subtitle 16 / Section 11-1605
§11–1605.
Status: in_force

(a) In addition to any action by the Division or Attorney General authorized by Title 13 of this article, a target may bring an action in an appropriate court to recover for injury or loss sustained as a result of a violation of this subtitle.

(b) If a target prevails in an action brought under this subtitle and is awarded damages, the court also may award:

(1) Court costs and fees, including reasonable attorney’s fees;

(2) Exemplary damages in an amount not to exceed the greater of:

(i) $50,000; or

(ii) Three times the total of damages, costs, and fees; and

(3) Any equitable relief that the court considers appropriate.
Md. Code, Real Property § 11-102 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

(a) (1) The fee simple owner or lessee under a lease that exceeds 60 years of any property in the State may subject the property to a condominium regime by recording among the land records of the county where the property is located, a declaration, bylaws, and condominium plat that comply with the requirements specified in this title.

(2) (i) Notwithstanding the provisions of paragraph (1) of this subsection, a leasehold estate may not be subjected to a condominium regime if it is used for residential purposes unless the State, a county that has adopted charter home rule under Article XI–A of the Maryland Constitution, a municipal corporation, an affordable housing land trust as defined in § 14–501 of this article, or, subject to the provisions of subparagraph (ii) of this paragraph, the Washington Metropolitan Area Transit Authority is the owner of the reversionary fee simple estate.

(ii) The Washington Metropolitan Area Transit Authority may establish a leasehold estate for a condominium regime that is used for residential purposes under subparagraph (i) of this paragraph if, when the initial term of the lease expires, there is a provision in the lease that allows the lessee to automatically renew the lease for another term.

(3) Notwithstanding paragraph (2) of this subsection or any declaration, rule, or bylaw, a developer or any other person may not be prohibited from granting a leasehold estate in an individual unit used for residential purposes.

(b) If any property lying partly in one county and partly in any other county is subjected to a condominium regime, the declaration, bylaws, and condominium plat shall be recorded in all counties where any portion of the property is located. Subsequent instruments affecting the title to a unit which is physically located entirely within a single county shall be recorded only in that county, notwithstanding the fact that the common elements are not physically located entirely within that county.

(c) All instruments affecting title to units shall be recorded and taxed as in other real property transactions. However, no State or local tax may be imposed by reason of the execution or recordation of the declaration, bylaws, condominium plat, or any statement of condominium lien recorded pursuant to the provisions of § 11-110 of this title.

(d) The declaration, bylaws, and condominium plat shall be indexed in the grantor index under the name of the developer and under the name of the condominium. Subsequent amendments shall be indexed under the name of the condominium.
Md. Code, Tax - General § 11-246 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-246
§11–246.
Status: in_force

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

(2) “Emerging technology development area” means the University of Maryland’s Discovery District located in Prince George’s County.

(3) “Qualified company” means a company that contracts with the University of Maryland’s Applied Research Laboratory for Intelligence and Security to develop systems and technologies to advance the use of quantum computers.

(b) The sales and use tax imposed on a taxable service described under § 11–101(m)(14) or (15) of this title does not apply to a sale:

(1) to a qualified company located in an emerging technology development area made in connection with the work of the company; or

(2) by a qualified company located in an emerging technology development area.
Md. Code, Insurance § 11-601 — MD Code / Article gin / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: in_force

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

(b) “Carrier” means a person that:

(1) offers a health benefit plan in the State; and

(2) is:

(i) an insurer;

(ii) a nonprofit health service plan; or

(iii) a health maintenance organization.

(c) “Contract holder” means a person to which a carrier has issued a health benefit plan.

(d) (1) “Health benefit plan” means:

(i) a health insurance contract, a nonprofit health service plan contract, or a health maintenance organization contract that includes benefits for medical care; or

(ii) a certificate of health insurance issued or delivered to a Maryland resident under a contract issued to an association located in the State or any other state.

(2) “Health benefit plan” does not include:

(i) one or more, or any combination of the following:

1. coverage only for accident or disability income insurance;

2. coverage issued as a supplement to liability insurance;

3. liability insurance, including general liability insurance and automobile liability insurance;

4. workers’ compensation or similar insurance;

5. automobile medical payment insurance;

6. credit–only insurance;

7. coverage for on–site medical clinics; and

8. other similar insurance coverage, as specified in federal regulations issued pursuant to P.L. 104–191, under which benefits for medical care are secondary or incidental to other insurance benefits;

(ii) the following benefits if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral part of a health benefit plan:

1. limited scope dental or vision benefits;

2. benefits for long–term care, nursing home care, home health care, community–based care, or any combination of these benefits; and

3. other similar limited benefits as specified in federal regulations issued pursuant to P.L. 104–191;

(iii) the following benefits if offered as independent, noncoordinated benefits:

1. coverage only for a specified disease or illness; and

2. hospital indemnity or other fixed indemnity insurance; or

(iv) the following benefits if offered as a separate policy, certificate, or contract of insurance:

1. Medicare supplemental health insurance, as defined in § 1882(g)(1) of the Social Security Act;

2. coverage supplemental to the coverage provided under Chapter 55 of Title 10, United States Code; and

3. similar supplemental coverage provided to coverage under an employer sponsored plan.

(e) “Medical care” means:

(1) items or services for the diagnosis, cure, mitigation, treatment, or prevention of a disease, injury, or condition affecting any structure or function of the body; and

(2) transportation primarily for and essential to medical care described in item (1) of this subsection.
Md. Code, Corporations and Associations § 11-503 — MD Code / Article gca / Title 11 / Subtitle 5 / Section 11-503
§11–503.
Status: in_force

(a) Any security for which a registration statement has been filed under the Securities Act of 1933 in connection with the same offering may be registered by coordination.

(b) A registration statement under this section shall contain the following information and be accompanied by the following documents, in addition to the information specified in § 11–507(a) of this subtitle and the consent to service of process required by § 11–802(a) of this title:

(1) Two copies of the latest form of prospectus filed under the Securities Act of 1933;

(2) If the Commissioner by rule or otherwise requires:

(i) A copy of the articles of incorporation and bylaws or their substantial equivalents, as currently in effect;

(ii) A copy of any agreements with or among underwriters;

(iii) A copy of any indenture or other instrument governing the issuance of the security to be registered; and

(iv) A specimen or copy of the security;

(3) If the Commissioner requests, any other information or copies of any other documents filed under the Securities Act of 1933; and

(4) An undertaking to forward all future amendments to the federal prospectus, other than an amendment which merely delays the effective date of the registration statement, promptly and in any event not later than the first business day after the day they are forwarded to or filed with the Securities and Exchange Commission, whichever first occurs.

(c) (1) A registration statement under this section automatically becomes effective at the moment the federal registration statement becomes effective, if all the following conditions are satisfied:

(i) A stop order is not in effect and a proceeding is not pending under §§ 11–511 through 11–513 of this subtitle;

(ii) The registration statement has been on file with the Commissioner for at least ten business days; and

(iii) A statement of the maximum and minimum proposed offering prices and the maximum underwriting discounts and commissions has been on file for two full business days or any shorter period which the Commissioner permits by rule or otherwise, and the offering is made within those limitations.

(2) The registrant promptly shall notify the Commissioner in writing, by facsimile transmission, telegram, or by any other means that the Commissioner by rule or order may deem appropriate, of the date and time when the federal registration statement became effective and the content of the price amendment, if any, and promptly shall file a post–effective amendment containing the information and documents in the price amendment.

(3) “Price amendment” means the final federal amendment which includes a statement of the offering price, underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent on the offering price.

(4) On failure to receive the required notification and post–effective amendment with respect to the price amendment, the Commissioner may enter a stop order without notice or hearing, retroactively denying effectiveness to the registration statement or suspending its effectiveness until compliance with this subsection, if he promptly notifies the registrant by telephone or telegram, and promptly confirms by letter, facsimile transmission, or telegram when he notifies by telephone, of the issuance of the order. If the registrant proves compliance with the requirements of this subsection as to notice and post–effective amendment, the stop order is void as of the time of its entry.

(5) The Commissioner by rule or otherwise may waive either or both of the conditions specified in paragraphs (1)(ii) and (iii) of this subsection.

(6) If the federal registration statement becomes effective before all the conditions in this subsection are satisfied and they are not waived, the registration statement automatically becomes effective as soon as all the conditions are satisfied. If the registrant advises the Commissioner of the date when the federal registration statement is expected to become effective, the Commissioner promptly shall advise the registrant by telephone, facsimile transmission, or telegram, at the expense of the registrant, whether all the conditions are satisfied and whether he then contemplates the institution of a proceeding under §§ 11–511 through 11–513 of this subtitle, but this advice by the Commissioner does not preclude the institution of the proceeding at any time.

(d) (1) Any security for which the documents required by any regulation adopted by the Securities and Exchange Commission under § 3(b) or § 3(c) of the Securities Act of 1933 have been filed with the Commission in connection with the same offering may be registered by coordination on compliance with subsections (b) and (c) of this section in the manner the Commissioner by rule or order may prescribe.

(2) For purposes of this subsection, the terms “federal registration statement” and “federal prospectus” include the documents, including the offering circular, if any, which may be filed with the Securities and Exchange Commission in accordance with any such regulation.

(e) The Commissioner by rule or order may waive or modify the application of a requirement of this section if a provision or an amendment, repeal or other alteration of the provisions of the Securities Act of 1933, or the regulations adopted under that act, render the waiver or modification appropriate for further coordination of State and federal law.
Md. Code, Real Property § 11B-101 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-101
§11B–101.
Status: in_force

(a) In this title the following words have the meanings indicated, unless the context requires otherwise.

(a–1) “Accessory dwelling unit” has the meaning stated in § 4–501 of the Land Use Article.

(b) “Common areas” means property which is owned or leased by a homeowners association.

(c) “Declarant” means any person who subjects property to a declaration.

(d) (1) “Declaration” means an instrument, however denominated, recorded among the land records of the county in which the property of the declarant is located, that creates the authority for a homeowners association to impose on lots, or on the owners or occupants of lots, or on another homeowners association, condominium, or cooperative housing corporation any mandatory fee in connection with the provision of services or otherwise for the benefit of some or all of the lots, the owners or occupants of lots, or the common areas.

(2) “Declaration” includes any amendment or supplement to the instruments described in paragraph (1) of this subsection.

(3) “Declaration” does not include a private right–of–way or similar agreement unless it requires a mandatory fee payable annually or at more frequent intervals.

(e) “Depository” or “homeowners association depository” means the document file created by the clerk of the court of each county and the City of Baltimore where a homeowners association may periodically deposit information as required by this title.

(f) (1) “Development” means property subject to a declaration.

(2) “Development” includes property comprising a condominium or cooperative housing corporation to the extent that the property is part of a development.

(3) “Development” does not include a cooperative housing corporation or a condominium.

(g) “Electronic transmission” means any form of communication, not directly involving the physical transmission of paper, that creates a record that:

(1) May be retained, retrieved, and reviewed by a recipient of the communication; and

(2) May be reproduced directly in paper form by a recipient through an automated process.

(h) “Governing body” means the homeowners association, board of directors, or other entity established to govern the development.

(i) (1) “Homeowners association” means a person having the authority to enforce the provisions of a declaration.

(2) “Homeowners association” includes an incorporated or unincorporated association.

(j) (1) “Lot” means any plot or parcel of land on which a dwelling is located or will be located within a development.

(2) “Lot” includes a unit within a condominium or cooperative housing corporation if the condominium or cooperative housing corporation is part of a development.

(k) “Primary development” means a development such that the purchaser of a lot will pay fees directly to its homeowners association.

(l) “Recorded covenants and restrictions” means any instrument of writing which is recorded in the land records of the jurisdiction within which a lot is located, and which instrument governs or otherwise legally restricts the use of such lot.

(m) “Related development” means a development such that the purchaser of a lot will pay fees to the homeowners association of such development through the homeowners association of a primary development or another development.

(n) “Unaffiliated declarant” means a person who is not affiliated with the vendor of a lot but who has subjected such property to a declaration required to be disclosed by this title.
Md. Code, Business Regulation § 11-612 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-612
§11–612.
Status: reserved

(a) Except as otherwise provided in this section, the Commission shall hold a public hearing before the Commission awards, for racing at a particular track, racing days that:

(1) total at least 3 more than those awarded for racing at that track in the previous calendar year; or

(2) result from the transfer of racing days to that track from another track in the same year.

(b) The Commission shall:

(1) hold the hearing not more than 10 miles from the track where the racing is to be held; and

(2) allow any person to testify.

(c) The Commission:

(1) at least 15 days before the hearing, shall have notice of the hearing published in at least 1 newspaper with a substantial circulation in the county where the track is located; and

(2) shall try to give notice of the hearing to any public unit or private organization that has made a written request for notice.

(d) (1) If the transfer of racing days from one track to another becomes necessary due to fire, flood, mechanical failure, or any other similar circumstance deemed by the Commission to constitute an emergency:

(i) the racing days may be transferred immediately; and

(ii) as soon as practicable, the Commission shall provide notice of a hearing and conduct a hearing pursuant to subsection (c) of this section.

(2) As soon as the track and the facilities of the licensee from which race days were transferred under paragraph (1) of this subsection are in a condition to continue racing and pari–mutuel betting, any remaining days of the meet that was being conducted when the days were transferred shall be held at the track from which the days were transferred.
Md. Code, Financial Institutions § 11-209 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-209
§11–209.
Status: reserved

(a) An initial license term shall:

(1) Begin on the date the license is issued; and

(2) Expire on December 31 of the year:

(i) In which the license is issued, if the license is issued before November 1; or

(ii) Immediately following the year in which the license is issued, if the license is issued on or after November 1.

(b) On or after November 1 of the year in which a license expires, the license may be renewed for an additional 1–year term, if the licensee:

(1) Otherwise is entitled to be licensed;

(2) Pays to the Commissioner a renewal fee of $850; and

(3) Submits to the Commissioner a renewal application in the form, and in accordance with the process, that the Commissioner requires.

(c) The Commissioner may waive the requirements of § 11–205(1) and (2) of this subtitle for the renewal of a license.

(d) To the extent required or permitted by NMLS, the Commissioner may determine that licenses issued under this subtitle shall expire on a staggered basis.

(e) A licensee may not renew a license unless, before the submission of the license renewal application, the licensee has transferred the licensee’s licensing information to NMLS in accordance with § 11–203.1(c) of this subtitle.
Md. Code, State Finance and Procurement § 11-206 — MD Code / Article gsf / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

(a) Unless otherwise indicated in the regulation, a regulation adopted under this Division II applies to a procurement contract if:

(1) the regulation is in effect on the day that the parties execute the procurement contract; and

(2) the procurement contract is governed by this Division II.

(b) A regulation adopted under this Division II does not affect the rights of a unit or contractor under a procurement contract that was entered into before the effective date of the regulation.

(c) A requirement of law that a procurement contract contain a particular provision is satisfied if the procurement contract includes notice of the provision, including the subject matter of the provision.
Md. Code, Financial Institutions § 11-412.1 — MD Code / Article gfi / Title 11 / Subtitle 4 / Section 11-412.1
§11–412.
Status: in_force

§11–412.1.

(a) (1) The requirements under any federal law and Title 4, Subtitles 1 through 4 of the General Provisions Article regarding the privacy or confidentiality of information or material provided to NMLS and any privilege arising under federal or state law, including the rules of any federal or state court with respect to that information or material, shall continue to apply to that information or material after the information or material has been disclosed to NMLS.

(2) The information and material may be shared with all state and federal regulatory officials having oversight authority over persons required to be licensed under this subtitle, including the Financial Crimes Enforcement Network and the Office of Foreign Assets Control, and any successor to these agencies, without the loss of privilege or the loss of confidentiality protections provided by federal law or Title 4, Subtitles 1 through 4 of the General Provisions Article.

(b) Information or material that is subject to a privilege or confidentiality under subsection (a) of this section may not be subject to:

(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or agency of the federal government or a state that has received the information or material; or

(2) Subpoena, discovery, or admission into evidence, in any private civil litigation or administrative process, unless, with respect to any privilege held by NMLS, the person to whom the information or material pertains waives, in whole or in part, that privilege.

(c) Any provision of Title 4, Subtitles 1 through 5 of the General Provisions Article relating to the disclosure of any information or material described in subsection (a) of this section that is inconsistent with subsection (a) of this section shall be superseded by the requirements of this section.

(d) This section does not apply to information or material relating to publicly adjudicated disciplinary and enforcement actions against a person required to be licensed under this subtitle that is included in NMLS and designated for access by the public.
Md. Code, Alcoholic Beverages and Cannabis § 11-2008 — MD Code / Article gab / Title 11 / Subtitle 20 / Section 11-2008
§11–2008.
Status: in_force

(a) Subject to subsection (b) of this section, the Board may authorize a bowling alley with 20 lanes or more that has a Class B or Class D license to stay open for bowling and serve food until a specified hour.

(b) (1) All alcoholic beverages shall be kept under lock and key from 2 a.m. to 6 a.m.

(2) An individual under 18 years old may not be on the premises from 2 a.m. to 6 a.m. unless the individual is accompanied by a spouse, parent, or guardian.
Md. Code, Transportation § 11-140 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-140
§11–140.
Status: in_force

“Nonresident’s privilege to drive” means the privilege granted to a nonresident by the laws of this State to drive a motor vehicle in this State or to use in this State a vehicle owned by the nonresident.
Md. Code, Commercial Law § 11-901 — MD Code / Article gcl / Title 11 / Subtitle 9 / Section 11-901
§11–901.
Status: in_force

In this subtitle, “person” means 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, Election Law § 11-307 — MD Code / Article gel / Title 11 / Subtitle 3 / Section 11-307
§11–307.
Status: in_force

(a) If a board of canvassers determines following an election that there appears to be an error in the documents or records produced during the election, then it immediately shall, in consultation with the State Administrator, investigate the matter to ascertain whether the records or documents are correct.

(b) The board of canvassers may correct a document or record only in accordance with the regulations of the State Board.
Md. Code, State Finance and Procurement § 11-303 — MD Code / Article gsf / Title 11 / Subtitle 3 / Section 11-303
§11–303.
Status: in_force

An employer may not take or refuse to take any personnel action as a reprisal against an employee because the employee:

(1) discloses information that the employee reasonably believes evidences:

(i) an abuse of authority, gross mismanagement, or gross waste of money;

(ii) a substantial and specific danger to public health or safety; or

(iii) a violation of law;

(2) objects to or refuses to participate in any activity, policy, or practice in violation of law; or

(3) following a disclosure under item (1) of this section, seeks a remedy provided under this subtitle.
Md. Code, Correctional Services § 11-503 — MD Code / Article gcs / Title 11 / Subtitle 5 / Section 11-503
§11–503.
Status: in_force

(a) An incarcerated individual shall be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month of presentence confinement during which the incarcerated individual:

(1) does not violate the rules of discipline; and

(2) labors with diligence and fidelity when the opportunity for labor is available.

(b) The deductions described in this section shall:

(1) begin on the day the incarcerated individual arrives at the local correctional facility;

(2) be made on a prorated basis for any portion of a calendar month of presentence confinement during which the incarcerated individual is committed to the local correctional facility; and

(3) cease on the day the incarcerated individual is:

(i) sentenced to a local correctional facility;

(ii) committed to the custody of the Commissioner of Correction; or

(iii) released.
Md. Code, Agriculture § 11-211 — MD Code / Article gag / Title 11 / Subtitle 2 / Section 11-211
§11–211.
Status: in_force

The Secretary may seek an injunction to restrain a person from using any weight and measure, weighing or measuring, packaging, labeling, or otherwise operating in violation of this title or the rules and regulations adopted under it and to prevent any further and continuing violation of this title or any rule or regulation.
Md. Code, Human Services § 11-402 — MD Code / Article ghu / Title 11 / Subtitle 4 / Section 11-402
§11–402.
Status: in_force

(a) There is a Maryland Legal Services Corporation Fund.

(b) The Administrative Office of the Courts shall administer the Fund.

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

(d) The Fund consists of:

(1) money deposited to the Fund from the surcharge assessed in civil cases under §§ 7–202 and 7–301 of the Courts Article;

(2) money distributed to the Fund under § 17–317 of the Commercial Law Article;

(3) interest on attorney trust accounts paid to the Fund under § 10–303 of the Business Occupations and Professions Article; and

(4) investment earnings of the Fund.

(e) The Corporation shall use the Fund to provide funding for civil legal services to indigents under this title.

(f) The Treasurer shall:

(1) invest and reinvest the Fund in the same manner as other State funds; and

(2) credit any investment earnings to the Fund and may not charge interest against the Fund if the average daily net cash balance for the month is less than zero.

(g) Expenditures from the Fund shall be made in accordance with an appropriation requested by the Judicial Branch of the State government under § 7–108 of the State Finance and Procurement Article and approved by the General Assembly in the State budget or by the budget amendment procedure under § 7–208.1 of the State Finance and Procurement Article.
Md. Code, State Personnel and Pensions § 11-103 — MD Code / Article gsp / Title 11 / Subtitle 1 / Section 11-103
§11–103.
Status: in_force

(a) Except as otherwise provided, the appointing authority has the burden of proof by a preponderance of the evidence in any proceeding under this subtitle. The head of a principal unit, the Secretary, and the Office of Administrative Hearings shall apply that standard of proof in appeals under this subtitle.

(b) After taking a disciplinary action against an employee, an appointing authority may not impose an additional disciplinary action against that employee for the same conduct unless additional information is made known to the appointing authority after the disciplinary action was taken.

(c) The suspension of an employee who is exempt from the overtime pay requirements of the Fair Labor Standards Act, and under any changes to the Fair Labor Standards Act, shall be done so that the employee’s overtime exemption will not be lost.

(d) An employee may choose any person to assist or represent the employee during an appeal under this subtitle and shall notify the employer of that choice.

(e) All written appeal documents and all decisions rendered under this subtitle may be transmitted electronically to the appropriate parties.
Md. Code, Business Regulation § 11-634 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-634
§11–634.
Status: in_force

(a) A Fund Race shall be held in accordance with regulations that the Commission adopts on the recommendation of the Advisory Committee.

(b) On recommendation of the Advisory Committee, the Commission shall set:

(1) the number of Fund Races;

(2) the amount of each purse and bonus;

(3) the date of each Fund Race;

(4) the distance of each Fund Race;

(5) each breeder’s award;

(6) nomination and registration procedures; and

(7) any other condition needed to carry out the purpose of a Fund Race.

(c) The Commission shall set the amount of each purse and the conditions for each Fund Race in time to allow a licensee to include the purse and conditions in the stake book and condition book of the licensee.
Md. Code, Transportation § 11-148.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-148.1
§11–148.
Status: in_force

§11–148.1.

(a) “Rental vehicle” means a passenger car or a vehicle that may be registered as a Class D, E, F, G, or M vehicle under Title 13, Subtitle 9 of this article:

(1) That is acquired solely for rental purposes but will not be rented to the same person for a period of more than 180 consecutive days;

(2) (i) That, at the time of purchase, is part of a fleet of passenger cars owned by the same person, at least five of which meet the criteria in item (1) of this subsection;

(ii) That, at the time of purchase, is part of a fleet of rental trucks owned by the same person, at least five of which meet the criteria in item (1) of this subsection;

(iii) That, at the time of purchase, is part of a fleet of multipurpose passenger vehicles owned by the same person, at least five of which meet the criteria in item (1) of this subsection; or

(iv) That, at the time of purchase, is part of a fleet of motorcycles owned by the same person, at least five of which meet the criteria in item (1) of this subsection;

(3) For which the owner does not provide a driver; and

(4) That, if the vehicle is a passenger car or multipurpose passenger vehicle, will not be used to transport individuals or property for hire.

(b) “Rental vehicle” does not include:

(1) A dump truck, as described in § 13-919 of this article;

(2) A tow truck, as described in § 13-920 of this article; or

(3) A farm vehicle exempt from the sales and use tax under § 11-201(a) of the Tax - General Article.
Md. Code, Financial Institutions § 11-205 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

To qualify for a license, an applicant shall satisfy the Commissioner that:

(1) The applicant has at least $20,000 in liquid assets available to be used in the business to be covered by the license;

(2) The business will promote the convenience and advantage of the community in which the place of business will be located; and

(3) The applicant or, if the applicant is not an individual, the owners, officers, directors, or members have sufficient experience, character, financial responsibility, and general fitness to:

(i) Command the confidence of the public; and

(ii) Warrant the belief that the business will be operated lawfully, honestly, fairly, and efficiently.
Md. Code, Education § 11-1305 — MD Code / Article ged / Title 11 / Subtitle 13 / Section 11-1305
§11–1305.
Status: in_force

(a) Beginning January 1, 2019, and each 6 months thereafter, an institution of higher education awarded a grant under the Program shall submit to the Commission a report that includes:

(1) A plan for the sustainability of the inclusive higher education program, including enrollment projections;

(2) Any needs for training, technical assistance, and other capacity necessary to provide for continuation of the inclusive higher education program; and

(3) Lessons learned by the institution and identification of best practices with the goal of promoting the development of a statewide model program of inclusive higher education for use by other institutions of higher education in the State.

(b) On or before June 30, 2019, and each year thereafter, the Commission, after consultation with the Department, the State Department of Education, and the Administration shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the effectiveness and success of the Program.
Md. Code, Financial Institutions § 11-503.1 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-503.1
§11–503.
Status: in_force

§11–503.1.

(a) The Commissioner shall set by regulation the fees provided for in this subtitle.

(b) The fees established by the Commissioner under this section together with any assessments of licensees under this subtitle shall be reasonable and set in a manner that will collectively produce funds sufficient to cover the direct and indirect costs of fulfilling the statutory and regulatory duties of the Commissioner related to licensees in accordance with this subtitle.

(c) The Commissioner shall publish the fee schedule set by the Commissioner.
Md. Code, Alcoholic Beverages and Cannabis § 11-2001 — MD Code / Article gab / Title 11 / Subtitle 20 / Section 11-2001
§11–2001.
Status: in_force

(a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title.

(2) An owner, an operator, or a manager of a premises licensed under this title may not knowingly allow consumption of alcoholic beverages that is prohibited under paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Transportation § 11-136.2 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-136.2
§11–136.
Status: in_force

§11–136.2.

“Multipurpose passenger vehicle” means a motor vehicle that:

(1) Is designed primarily for carrying persons and which is constructed on a truck chassis or with special features for occasional off-road operations;

(2) Has 3 wheels; or

(3) Is of a unique design that does not clearly meet the requirements of any other class, as determined by the Administrator.
Md. Code, Real Property § 11-131 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-131
§11–131.
Status: reserved

(a) The implied warranties provided in this section may not be excluded or modified.

(b) (1) The warranties provided in §§ 10-202 and 10-203 of this article apply to all sales by developers under this title. For the purposes of this article, a newly constructed dwelling unit means a newly constructed or newly converted condominium unit and its appurtenant undivided fee simple interest in the common areas.

(2) If a developer grants an improvement to an intermediate purchaser to evade any liability to a purchaser imposed by the provisions of this section, or by § 10-202 or § 10-203 of this article, the developer is liable on the subsequent sale of the improvement by the intermediate purchaser as if the subsequent sale had been effectuated by the developer without regard to the intervening grant.

(c) In addition to the implied warranties set forth in § 10–203 of this article there shall be an implied warranty on an individual unit from a developer to a unit owner. The warranty on an individual unit commences with the transfer of title to that unit and extends for a period of 1 year. The warranty shall provide:

(1) That the developer is responsible for correcting any defects in materials or workmanship in the construction of walls, ceilings, floors, and heating and air conditioning systems in the unit; and

(2) That the heating and any air conditioning systems have been installed in accordance with acceptable industry standards and:

(i) That the heating system is warranted to maintain a 70�F temperature inside with the outdoor temperature and winds at the design conditions established by the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article, or those established by the political subdivision as provided in Title 7, Subtitle 4 of the Public Utilities Article; and

(ii) That the air conditioning system is warranted to maintain a 78�F temperature inside with the outdoor temperature at the design conditions established by Title 7, Subtitle 4 of the Public Utilities Article, or those established by the political subdivision as provided in Title 7, Subtitle 4 of the Public Utilities Article.

(d) (1) In addition to the implied warranties set forth in § 10–203 of this article there shall be an implied warranty on common elements from a developer to the council of unit owners. The warranty shall apply to: the roof, foundation, external and supporting walls, mechanical, electrical, and plumbing systems, and other structural elements.

(2) The warranty shall provide that the developer is responsible for correcting any defect in materials or workmanship, and that the specified common elements are within acceptable industry standards in effect when the building was constructed.

(3) (i) The warranty on common elements commences with the first transfer of title to a unit owner.

(ii) The warranty of any common elements not completed at the first transfer of title to a unit owner shall commence with the completion of that element or with its availability for use by all unit owners, whichever occurs later.

(iii) The warranty extends for a period of 3 years from commencement under subparagraph (i) or (ii) of this paragraph or 2 years from the date on which the unit owners, other than the developer and its affiliates, first elect a controlling majority of the members of the board of directors for the council of unit owners, whichever occurs later.

(4) A suit for enforcement of the warranty on general common elements shall be brought only by the council of unit owners. A suit for enforcement of the warranty on limited common elements may be brought by the council of unit owners or any unit owner to whose use it is reserved.

(e) Notice of defect shall be given within the warranty period and suit for enforcement of the warranty shall be brought within 1 year of the warranty period.

(f) (1) Warranties shall not apply to any defects caused through abuse or failure to perform maintenance by a unit owner or the council of unit owners.

(2) The provisions of this section do not apply to a condominium that is occupied and used solely for nonresidential purposes.
Md. Code, Correctional Services § 11-313 — MD Code / Article gcs / Title 11 / Subtitle 3 / Section 11-313
§11–313.
Status: in_force

(a) If a center is operated by a county in accordance with § 11-311(a) of this subtitle and the county is a charter county, the director and any assistant director shall be appointed and removed by the chief executive officer of the county government with the advice of the community advisory board and the advice and consent of the Commissioner.

(b) Except as provided in subsection (e) of this section, if a center is operated by a county in accordance with § 11-311(a) of this subtitle and the county is not a charter county subject to Article XI-A of the Maryland Constitution, the director and any assistant director shall be appointed and removed by the county commissioners with the advice of the community advisory board and the advice and consent of the Commissioner.

(c) If a center is a regional center operated by agreement of the counties in the region in accordance with § 11-311(b) of this subtitle, the director and any assistant director shall be appointed and removed by the officials of the county governments in accordance with the regional agreement and with the advice of the community advisory board and the advice and consent of the Commissioner.

(d) If a center is operated by the State in accordance with § 11-311(c) of this subtitle, the director and any assistant director shall be appointed and removed by the Commissioner with the advice of the community advisory board.

(e) If a center is operated by Cecil County:

(1) the Sheriff shall appoint a center director;

(2) the director serves at the pleasure of the Sheriff; and

(3) the Sheriff may remove the director at any time with or without cause.
Md. Code, Labor and Employment § 11-503 — MD Code / Article gle / Title 11 / Subtitle 5 / Section 11-503
§11–503.
Status: in_force

(a) In this subtitle the definitions set forth in § 3 of the federal Act shall apply; definitions set forth below shall have the meanings indicated.

(b) “Dislocated worker” means an individual who:

(1) (i) has been terminated or laid off or has received a notice of termination or layoff from employment;

(ii) 1. is eligible for or has exhausted entitlement to unemployment compensation; or

2. has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one–stop center referred to in § 121(e) of the federal Act, attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under State unemployment compensation law; and

(iii) is unlikely to return to a previous industry or occupation;

(2) has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise;

(3) is employed at a facility at which the employer has made a general announcement that the facility will close within 180 days;

(4) for purposes of eligibility to receive services other than training services described in § 134(c)(3) of the federal Act, career services described in § 134(c)(2)(A)(xii) of the federal Act, or supportive services, is employed at a facility at which the employer has made a general announcement that the facility will close;

(5) was self–employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters;

(6) is the spouse of an active service member and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of the member; or

(7) is the spouse of an active service member and who has been providing unpaid services to a family member in the home and is unemployed or underemployed and experiencing difficulty in obtaining or upgrading employment.

(c) “Federal Act” means the federal Workforce Innovation and Opportunity Act.

(d) “Governor’s plan” means the State plan as provided in § 102 of the federal Act.

(e) “Individual with a disability” means any individual with a disability, as defined in § 3 of the Americans with Disabilities Act.

(f) “Local plan” means a plan submitted by a local workforce area under § 108 of the federal Act, subject to § 106(c)(3)(B) of the federal Act and any final plan or modification as provided in the federal Act.

(g) “Low–income individual” means an individual who:

(1) receives, has received in the past 6 months, or is a member of a family that is receiving or has received in the past 6 months, assistance through:

(i) the supplemental nutrition assistance program established under the federal Food and Nutrition Act;

(ii) the program of block grants to states for temporary assistance for needy families program under Part A of Title IV of the federal Social Security Act;

(iii) the supplemental security income program established under Title XVI of the federal Social Security Act; or

(iv) State or local income–based public assistance;

(2) is in a family with total family income that does not exceed or is an individual with a disability whose own income does not exceed the higher of:

(i) the federal Office of Management and Budget poverty income guidelines; or

(ii) the United States Department of Labor, Bureau of Labor Statistics, 70% lower living standard income level;

(3) is a homeless individual, as defined in § 41403(6) of the federal Violence Against Women Act;

(4) is a homeless child or youth, as defined in § 725(2) of the federal McKinney–Vento Homeless Assistance Act;

(5) receives or is eligible to receive a free or reduced price lunch under the federal Richard B. Russell National School Lunch Act; or

(6) is a foster child on behalf of whom State or local government payments are made.

(h) “Participant” means an individual who has been determined eligible to participate in and who is receiving services (except follow–up services authorized under this title) under a program authorized under this title.

(i) “Performance standards” means the basic measures of performance for training programs to be prescribed by the Secretary and such variations of the standards as the Governor may prescribe.

(j) “Secretary” means the United States Secretary of Labor.

(k) “State Workforce Development Board” means the Governor’s Workforce Development Board, as provided in § 101 of the federal Act.

(l) “Supportive services” means services such as transportation, child care, dependent care, housing, and needs–related payments that are necessary to enable an individual to participate in activities authorized under the federal Act.

(m) “Training provider” means an entity that provides training and employment services to individuals described in § 11–504(b) of this subtitle.

(n) “Workforce development area” means a geographic area designated by the Governor in accordance with § 106 of the federal Act.
Md. Code, Financial Institutions § 11-415 — MD Code / Article gfi / Title 11 / Subtitle 4 / Section 11-415
§11–415.
Status: in_force

(a) Before the Commissioner takes any action under § 11-414 of this subtitle, the Commissioner shall give the licensee an opportunity for a hearing before the Commissioner.

(b) Notice of the hearing shall be given and the hearing shall be held in accordance with the Administrative Procedure Act.

(c) The hearing notice to be given to the licensee shall be sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the principal place of business of the licensee in this State at least 10 days before the hearing.

(d) An order suspending or revoking a license shall state the grounds on which it is based and is not effective until 10 days after written notice of the order is sent to the licensee by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the principal place of business of the licensee in this State.

(e) The Commissioner shall adopt rules and regulations for:

(1) The conduct of hearings; and

(2) The form of findings and orders.
Md. Code, Public Utilities § 11-206 — MD Code / Article gpu / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

(a) The Commission may assess and collect from an intrastate pipeline operator an inspection fee that may be used by the Commission for administering the regulatory program established by the Commission under this subtitle.

(b) The fee may not:

(1) exceed the expenses attributable to the inspection and examination of the facility; and

(2) include expenses that will be reimbursed by the federal government.
Md. Code, State Personnel and Pensions § 11-203 — MD Code / Article gsp / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

An employee shall be laid off if the employee is in a position that will be abolished, discontinued, or vacated because of a change in organization or because of a stoppage or lack of work.
Md. Code, Estates and Trusts § 11-101 — MD Code / Article get / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

(a) Any contingent remainder arising under any will or inter vivos transfer shall be capable of taking effect, regardless of the determination of any preceding estate of freehold, in the same manner and in all respects as if the determination had not happened.

(b) It is not necessary to appoint trustees to support the contingent remainder in order to prevent the destruction of it.
Md. Code, Corporations and Associations § 11-505 — MD Code / Article gca / Title 11 / Subtitle 5 / Section 11-505
§11–505.
Status: in_force

(a) A registration statement may be filed by the issuer, any other person on whose behalf the offering is to be made, or a registered broker-dealer.

(b) A registration statement may be filed in the manner and form designated by rule or order of the Commissioner, including filing by electronic transmission.
Md. Code, Criminal Procedure § 11-1005 — MD Code / Article gcp / Title 11 / Subtitle 10 / Section 11-1005
§11–1005.
Status: in_force

As provided under § 16–203(a)(4) of the Health – General Article, a victim of sexual abuse, physical abuse, or a crime of violence who is a responsible relative of the perpetrator may not be held liable for the cost of health services provided to the perpetrator of the offense by the Maryland Department of Health.
Md. Code, Business Regulation § 11-906 — MD Code / Article gbr / Title 11 / Subtitle 9 / Section 11-906
§11–906.
Status: in_force

(a) (1) The Commission shall assess each licensed owner and licensed trainer of a thoroughbred horse an amount sufficient to pay the cost of workers’ compensation insurance that the Jockey Fund gets.

(2) The Commission shall pay each assessment that the Commission collects under this subsection to the Jockey Fund.

(b) (1) The Commission shall suspend or revoke the license of each owner or trainer who fails to pay the assessment under subsection (a)(1) of this section.

(2) The Commission may not reinstate or renew the license of the owner or trainer during the period of default.
Md. Code, Corporations and Associations § 11-403 — MD Code / Article gca / Title 11 / Subtitle 4 / Section 11-403
§11–403.
Status: in_force

Unless sooner terminated under other provisions of this title, the registration of each broker-dealer, agent, investment adviser, and investment adviser representative and the notice filing of each federal covered adviser expires December 31, unless renewed.
Md. Code, Family Law § 11-112 — MD Code / Article gfl / Title 11 / Subtitle 1 / Section 11-112
§11–112.
Status: in_force

When granting a limited divorce, an absolute divorce, or an annulment, if the court finds from the testimony of 2 or more physicians competent in psychiatry that 1 of the parties is permanently and incurably insane with no hope of recovery, then, notwithstanding any agreement between the parties, the court may require a party to:

(1) pay alimony or support for the benefit of the insane party;

(2) pay a lump sum, based on the life expectancy of the insane party and the financial condition of the other party, together with the insane party’s reasonable funeral expenses; or

(3) give bond to this State conditioned on the payment for:

(i) the care and support of the insane party for the rest of the insane party’s life; and

(ii) the insane party’s reasonable funeral expenses.
Md. Code, Insurance § 11-333 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-333
§11–333.
Status: in_force

(a) A rating organization may not provide a service that relates to the rates of insurance subject to this subtitle, and an insurer may not utilize the service of the rating organization for those purposes, unless the rating organization has obtained a license under § 11-218 of this title.

(b) A rating organization may not refuse to supply services for which it is licensed in the State to an authorized insurer that offers to pay the fair and usual compensation for the services.

(c) An advisory organization has the same authority and functions under this subtitle as under § 11-221 of this title.
Md. Code, Labor and Employment § 11-402 — MD Code / Article gle / Title 11 / Subtitle 4 / Section 11-402
§11–402.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, §§ 11–403 through 11–405 of this subtitle shall terminate on July 1, 2034.
Md. Code, Tax - General § 11-704 — MD Code / Article gtg / Title 11 / Subtitle 7 / Section 11-704
§11–704.
Status: in_force

The Comptroller shall issue to each applicant who meets the requirements of this subtitle a license for each place of business designated in the application.
Md. Code, Business Regulation § 11-628 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-628
§11–628.
Status: in_force

(a) The Advisory Committee shall set the times and places of its meetings.

(b) A member of the Advisory Committee:

(1) may not receive compensation; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Correctional Services § 11-711 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-711
§11–711.
Status: in_force

(a) In this section, “warden” means the warden of the Dorchester County Department of Corrections.

(b) This section applies only in Dorchester County.

(c) The County Commissioners may establish under the County Department of Corrections programs for:

(1) community service;

(2) home detention;

(3) pretrial release; and

(4) work release.

(d) The County Commissioners shall adopt regulations necessary to implement each program established under this section.

(e) At the time of sentencing or at any time during an individual’s confinement, the court may allow the individual to participate in a program established under this section if the individual:

(1) is sentenced to the custody of the warden; and

(2) has no other charges pending in any jurisdiction.

(f) An incarcerated individual designated to participate in a program under this section may leave the detention center to:

(1) continue regular employment; or

(2) seek new employment.

(g) (1) The warden or warden’s designee shall collect the earnings of an incarcerated individual designated to participate in a work release program, less any payroll deduction required by law.

(2) From the earnings of the incarcerated individual, the warden shall deduct and disburse an amount that:

(i) the warden determines to be a reasonable cost for providing food, lodging, and clothing for the incarcerated individual;

(ii) the County actually incurs for necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;

(iii) a court imposes for a fine, cost, or restitution;

(iv) the incarcerated individual is legally obligated to pay, or reasonably wants to pay, for support of a dependent; and

(v) a court orders the incarcerated individual to repay to the State or the County for the services of an attorney appointed by the court.

(3) The warden shall:

(i) credit to the incarcerated individual’s account any remaining balance; and

(ii) dispose of the balance in the incarcerated individual’s account as the individual reasonably requests and as the warden approves.

(h) (1) If an incarcerated individual violates a trust or a condition that a court or the County Department of Corrections establishes for participation in a program under this section, the incarcerated individual is subject to:

(i) removal from the program; and

(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.

(2) If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this section, the condition imposed by the court controls as to that incarcerated individual.

(3) If an incarcerated individual violates a trust or a condition that the court or the County Department of Corrections establishes, the County Department of Corrections shall notify the sentencing court in writing of the violation.

(i) (1) The warden or warden’s designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the County Department of Corrections:

(i) to visit a seriously ill member of the incarcerated individual’s immediate family; or

(ii) to attend the viewing or funeral of a member of the incarcerated individual’s immediate family.

(2) An incarcerated individual who violates the terms of an authorization for compassionate leave is subject to the sanctions specified in subsection (h)(1) and (2) of this section.

(3) An incarcerated individual who is granted compassionate leave under this subsection may be required to reimburse the County Department of Corrections for any expenses that the Department incurs in granting the leave.

(4) The warden shall adopt regulations necessary to carry out this subsection.
Md. Code, Alcoholic Beverages and Cannabis § 11-2011 — MD Code / Article gab / Title 11 / Subtitle 20 / Section 11-2011
§11–2011.
Status: in_force

A patron may consume an alcoholic beverage authorized by law to be sold at a bar or counter on a day on which the sale of the alcoholic beverage is authorized by law.
Md. Code, Correctional Services § 11-718 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-718
§11–718.
Status: in_force

(a) In this section, “administrator” means an administrator of a county detention center.

(b) This section applies only in Prince George’s County.

(c) (1) Subject to paragraph (2) of this subsection, an administrator may allow an incarcerated individual sentenced to imprisonment in a detention center after being convicted of a crime or found in contempt of court to leave actual confinement to:

(i) seek or work at gainful, private employment;

(ii) participate in a training or rehabilitation program; or

(iii) attend educational or vocational institutions in the county.

(2) The administrator may allow the incarcerated individual to leave confinement:

(i) in accordance with established programs;

(ii) during necessary and reasonable hours; and

(iii) after determining that the incarcerated individual is eligible for the program and recommending it to and receiving written approval from the sentencing or administrative judge.

(d) (1) The administrator shall adopt guidelines and rules for the conduct of the work release program that shall:

(i) take into consideration the security of the detention center and the safety of the public; and

(ii) conform with conditions that a sentencing or administrative judge may impose in a particular case.

(2) When an incarcerated individual is not employed or otherwise participating in a work release program, the incarcerated individual shall be confined in the detention center in the same manner as any other incarcerated individual committed to the custody of the administrator.

(3) If an incarcerated individual violates a trust or a condition that the administrator establishes in the rules for conduct or employment, the incarcerated individual is:

(i) subject to removal from the work release program; and

(ii) after an administrative hearing, subject to cancellation of any earned diminution of the incarcerated individual’s term of confinement.

(e) (1) The authorized representative of a detention center shall collect the earnings of an incarcerated individual, less any payroll deductions.

(2) From the earnings of the incarcerated individual, the authorized representative of the detention center shall deduct:

(i) the amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;

(ii) actual and necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;

(iii) an amount the incarcerated individual is legally obligated or desires to pay for the support of a dependent; and

(iv) court–ordered payments for restitution.

(3) The authorized representative of the detention center shall credit to the incarcerated individual’s account any remaining balance.

(f) (1) An administrator may develop educational and vocational programs to further the educational and vocational training of an incarcerated individual sentenced to the detention center.

(2) (i) The administrator shall adopt regulations to govern the conduct and participation of an incarcerated individual in an educational or vocational program as necessary for the security of the detention center and the safety of the public.

(ii) If an incarcerated individual violates a trust or a condition that the administrator establishes for conduct during participation in an educational or vocational program, the incarcerated individual:

1. is subject to removal from the program, with notice to the sentencing judge; and

2. after an administrative hearing, is subject to cancellation of any earned diminution of the incarcerated individual’s term of confinement.
Md. Code, Transportation § 11-144 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-144
§11–144.
Status: in_force

“Park” means to halt a vehicle, whether or not it is occupied, other than temporarily:

(1) When necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control device; or

(2) For the purpose of and while actually engaged in loading or unloading property or passengers.
Md. Code, Transportation § 11-114 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-114
§11–114.
Status: in_force

“Drive” means to drive, operate, move, or be in actual physical control of a vehicle, including the exercise of control over or the steering of a vehicle being towed by a motor vehicle.
Md. Code, Agriculture § 11-210 — MD Code / Article gag / Title 11 / Subtitle 2 / Section 11-210
§11–210.
Status: in_force

To enforce this title, the Secretary has special police powers, may arrest any violator of this title, and seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts or packages of any commodity found to be used, retailed, offered or exposed for sale, or sold in violation of law. To perform his official duties, the Secretary may enter into or upon any commercial structure or premise, without a formal warrant and stop any person and require him to proceed, with or without any vehicle of which he may be in charge, to a place the Secretary may specify.
Md. Code, Financial Institutions § 11-416 — MD Code / Article gfi / Title 11 / Subtitle 4 / Section 11-416
§11–416.
Status: in_force

(a) Any person aggrieved by a decision of the Commissioner to deny an application for a license or to suspend or revoke a license may appeal to:

(1) The circuit court for the county where the licensee did or has applied to do business; or

(2) The Circuit Court for Baltimore City.

(b) The Commissioner may stay an order that is appealed until the determination of the appeal.

(c) An appeal under this section shall be tried de novo.

(d) If a decision of the Commissioner is appealed, the court may reverse, affirm, or modify the decision.

(e) An aggrieved person or the Commissioner may appeal the decision of the court to the Court of Special Appeals.
Md. Code, Criminal Procedure § 11-709 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-709
§11–709.
Status: in_force

(a) (1) (i) Within 3 days after a tier III sex offender or a sexually violent predator completes the registration requirements of § 11–707(a) of this subtitle, a local law enforcement unit shall send notice of the tier III sex offender’s or sexually violent predator’s quarterly registration to the Department.

(ii) Every 6 months within 3 days after a tier I sex offender or a tier II sex offender completes the registration requirements of § 11–707(a) of this subtitle, a local law enforcement unit shall send notice of the tier I sex offender’s or tier II sex offender’s biannual registration to the Department.

(2) Every 6 months, a local law enforcement unit shall send a tier III sex offender’s and sexually violent predator’s updated digital image to the Department within 6 days after the digital image is submitted.

(b) (1) As soon as possible but not later than 3 working days after receiving a registration statement of a sex offender, notice of a change of address of a sex offender, or change in a county in which a homeless sex offender habitually lives, a local law enforcement unit shall send written notice of the registration statement, change of address, or change of county to the county superintendent, as defined in § 1–101 of the Education Article, and all nonpublic primary and secondary schools in the county within 1 mile of where the sex offender is to reside or habitually live or where a sex offender who is not a resident of the State is a transient or will work or attend school.

(2) As soon as possible but not later than 10 working days after receiving notice from the local law enforcement unit under paragraph (1) of this subsection, the county superintendent shall send written notice of the registration statement to principals of the schools under the superintendent’s supervision that the superintendent considers necessary to protect the students of a school from a sex offender.

(c) A local law enforcement unit that receives a notice from a supervising authority under this subtitle shall send a copy of the notice to the police department, if any, of a municipal corporation if the registrant:

(1) is to reside or habitually live in the municipal corporation after release;

(2) escapes from a facility but resided or habitually lived in the municipal corporation before being committed to the custody of a supervising authority; or

(3) is to change addresses to another place of residence within the municipal corporation.

(d) As soon as possible but not later than 3 working days after receiving notice from a local law enforcement unit under this section, a police department of a municipal corporation shall send a copy of the notice to the commander of each local police precinct or district in which the sex offender is to reside or habitually live or where a sex offender who is not a resident of the State will work or attend school.

(e) As soon as possible but not later than 3 working days after receiving a notice from a supervising authority under this subtitle, a local law enforcement unit shall send a copy of the notice to the commander of the law enforcement unit in each district or area in which the sex offender is to reside or habitually live or where a sex offender who is not a resident of the State will work or attend school.

(f) A local law enforcement unit may notify the following entities that are located within the community in which a sex offender is to reside or habitually live or where a sex offender who is not a resident of the State will work or attend school of the filing of a registration statement or notice of change of address or county where the registrant will habitually live by the sex offender:

(1) family child care homes or child care centers registered, licensed, or issued a letter of compliance under Title 5, Subtitle 5 of the Family Law Article;

(2) child recreation facilities;

(3) faith institutions; and

(4) other organizations that serve children and other individuals vulnerable to sex offenders who victimize children.

(g) As soon as possible, but not later than 3 working days after receipt of a registrant’s change of residence or change in the county in which the registrant habitually lives, the local law enforcement unit shall notify the Department of the change.

(h) As soon as possible, but not later than 3 working days after receipt of notice under § 11–705(e) of this subtitle, the local law enforcement unit shall give notice to the Department of the registrant’s intent to change residence, a county in which the registrant habitually lives, vehicle or license plate information, electronic mail or Internet identifiers, or landline or cellular phone numbers.

(i) As soon as possible, but not later than 3 working days after receipt of notice under § 11–705(g) of this subtitle, the local law enforcement unit shall give notice to the Department of the change of name.

(j) As soon as possible, but not later than 3 working days after receipt of notice under § 11–705(h) of this subtitle, the local law enforcement unit shall give notice to the Department of the registrant’s intent to leave the United States.

(k) As soon as possible, but not later than 3 working days after receipt of notice under § 11–705(i) of this subtitle, the local law enforcement unit shall give notice to the Department of the registrant’s intent to obtain temporary lodging or to be absent from the registrant’s permanent residence or locations where the registrant habitually lives.
Md. Code, Education § 11-403 — MD Code / Article ged / Title 11 / Subtitle 4 / Section 11-403
§11–403.
Status: in_force

(a) The Commission shall maintain a list of State higher education institutions, including community colleges, offering tuition waivers to members of the Maryland National Guard.

(b) The list required under this section shall:

(1) Include the tuition waiver policy of each institution and a contact name and telephone number;

(2) Be updated at least annually; and

(3) Be shared with the military department for distribution to members of the Maryland National Guard.
Md. Code, Real Property § 11-108 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-108
§11–108.
Status: reserved

(a) Subject to the provisions of subsection (c) of this section, the common elements may be used only for the purposes for which they were intended and, except as provided in the declaration, the common elements shall be subject to mutual rights of support, access, use, and enjoyment by all unit owners. However, subject to the provisions of subsection (b) of this section, any portion of the common elements designated as limited common elements shall be used only by the unit owner of the unit to which their use is limited in the declaration or condominium plat.

(b) Any unit owner or any group of unit owners of units to which the use of any limited common element is exclusively restricted may grant by deed the exclusive use, or the joint use in common with one or more of the grantors, of the limited common elements to any one or more unit owners. A copy of the deed shall be furnished to the council of unit owners.

(c) (1) This subsection does not apply to any meetings of unit owners occurring at any time before the unit owners elect officers or a board of directors in accordance with § 11–109(c)(16) of this title.

(2) Subject to reasonable rules adopted by the governing body under § 11–111 of this title, unit owners may meet for the purpose of considering and discussing the operation of and matters relating to the operation of the condominium in any common elements or in any building or facility in the common elements that the governing body of the condominium uses for scheduled meetings.

(d) (1) Notwithstanding any bylaw, provision of a condominium plat, rule, or other provision of law, the governing body of a condominium or, if control of the governing body has not yet transitioned to the unit owners, the developer shall give notice in accordance with paragraph (2) of this subsection no less than 30 days before the sale, including a tax sale, of any common element located on property that has been transferred to the condominium.

(2) The notice requirement under paragraph (1) of this subsection shall be satisfied by:

(i) Providing written notice about the sale to each unit owner; or

(ii) 1. Posting a sign about the sale on the property to be sold, in a manner similar to signage required for a zoning modification; and

2. If the condominium has a website, providing notice about the sale on the home page of the website of the condominium.
Md. Code, Financial Institutions § 11-615 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-615
§11–615.
Status: in_force

(a) Subject to the hearing provisions of § 11–616 of this subtitle, and except as provided in subsection (f) of this section, the Commissioner may suspend or revoke the license of any licensee if the licensee:

(1) Makes any material misstatement in an application for a license;

(2) Is convicted under the laws of the United States or of any state of a felony or a misdemeanor that is directly related to the fitness and qualification of the individual to act as a mortgage loan originator;

(3) In connection with any mortgage loan or loan application transaction:

(i) Commits any fraud;

(ii) Engages in any illegal or dishonest activities; or

(iii) Misrepresents or fails to disclose any material facts to a person entitled to that information;

(4) Violates any provision of this subtitle, any regulation adopted under this subtitle, or any other law regulating mortgage lending or mortgage origination in the State; or

(5) Otherwise demonstrates unworthiness, bad faith, dishonesty, or any other quality that indicates that the business of the licensee has not been or will not be conducted honestly.

(b) In determining whether a license shall be suspended or revoked for a reason described in subsection (a)(2) of this section, the Commissioner shall consider:

(1) The nature of the crime;

(2) The relationship of the crime to the activities authorized by the license;

(3) With respect to a felony, the relevance of the conviction to the fitness and qualification of the licensee to engage in the mortgage lending or mortgage origination business;

(4) The length of time since the conviction; and

(5) The behavior and activities of the licensee since the conviction.

(c) (1) The Commissioner may enforce the provisions of this subtitle, regulations adopted under this subtitle, and the applicable provisions of Title 12 of the Commercial Law Article by:

(i) Issuing an order:

1. To cease and desist from the violation and any further similar violations; and

2. Requiring the violator to take affirmative action to correct the violation, including the restitution of money or property to any person aggrieved by the violation; and

(ii) Imposing a civil penalty not exceeding $10,000 for each violation.

(2) If a violator fails to comply with an order issued under paragraph (1)(i) of this subsection, the Commissioner may impose a civil penalty not exceeding $25,000 for each violation from which the violator failed to cease and desist or for which the violator failed to take affirmative action to correct.

(d) The Commissioner may file a petition in the circuit court for a county seeking enforcement of an order issued under this section.

(e) In determining the amount of a civil penalty imposed under subsection (c) of this section, the Commissioner shall consider:

(1) The seriousness of the violation;

(2) The good faith of the violator;

(3) The violator’s history of previous violations;

(4) The deleterious effect of the violation on the public and mortgage industry;

(5) The assets of the violator; and

(6) Any other factors relevant to the determination of the civil penalty.

(f) The Commissioner shall revoke the license of the licensee if the Commissioner determines that a licensee, while licensed, has:

(1) Been convicted of a felony; or

(2) Had a mortgage loan originator license revoked in any governmental jurisdiction.
Md. Code, Alcoholic Beverages and Cannabis § 11-1505 — MD Code / Article gab / Title 11 / Subtitle 15 / Section 11-1505
§11–1505.
Status: in_force

(a) Subject to subsection (b) of this section, unless expressly authorized by this article, a person may not have an interest in more than one license issued by the Board, regardless of whether that interest is held or controlled by direct or indirect ownership, stock ownership, interlocking directors or interlocking stock ownership, franchise operation, chain store operation, or any other direct or indirect manner.

(b) Except for an interest held or controlled by franchise operation or chain store operation, an individual may have an interest in more than one Class B license, Class H license, or Class BLX license issued by the Board, regardless of whether that interest is held or controlled by direct or indirect ownership, stock ownership, interlocking directors or interlocking stock ownership, or any other direct or indirect manner.
Md. Code, Alcoholic Beverages and Cannabis § 11-1006.2 — MD Code / Article gab / Title 11 / Subtitle 10 / Section 11-1006.2
§11–1006.
Status: in_force

§11–1006.2.

(a) There is a Class MT (movie theater) beer and wine license.

(b) The Board may issue the license to the owner of a movie theater that holds a crowd control training certification.

(c) The license holder may sell beer and wine at retail at the place described in the license for on–premises consumption by a patron who has purchased a ticket to a current or future showing of a movie on the licensed premises.

(d) (1) A license holder may sell beer or wine between the hours of 4 p.m. and midnight.

(2) Beer and wine may be sold only:

(i) in single–serve containers; and

(ii) from a counter separate from a counter serving food and nonalcoholic beverages.

(e) (1) Beer and wine may be consumed only in the lobby or public viewing theater of the licensed premises.

(2) A license holder may serve a patron only a single serving of beer or wine at a time, with a maximum of two servings of beer or wine per patron per day.

(3) The license holder may not allow alcohol purchased at the movie theater to be removed from the licensed premises.

(f) A license holder need not obtain a Sunday license under § 11–2004 of this title to provide alcoholic beverages on a Sunday.

(g) The license holder is subject to the alcohol awareness requirements under § 11–1902.1 of this title.

(h) The annual license fee is $1,200.
Md. Code, Tax - General § 11-229 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-229
§11–229.
Status: in_force

The sales and use tax does not apply to a sale of electricity, fuel, and other utilities used to operate the machinery or equipment used to produce snow for commercial purposes.
Md. Code, Real Property § 11A-127 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-127
§11A–127.
Status: in_force

(a) This title applies to all time–share projects in the State except to the extent of any inconsistent right or obligation under a preexisting project instrument, document transferring an interest in real estate, or contract.

(b) The project instrument of any time–share project in existence before January 1, 1985, may be amended in accordance with this title. If an amendment grants to any person any rights, powers, or privileges permitted by this title, all correlative obligations, liabilities, and restrictions shall also apply to that person.

(c) (1) The requirements of §§ 11A–102, 11A–103, 11A–104, 11A–105, 11A–106, 11A–107, 11A–108, 11A–109, 11A–110, 11A–111, 11A–115, and 11A–117 of this title apply only to projects located in this State.

(2) The requirements of §§ 11A–112, 11A–113, 11A–114, 11A–116, 11A–118, 11A–119, 11A–120, 11A–121, 11A–122, 11A–124, and 11A–125 of this title apply to any developer required to register under this title with the Commission, whether or not the project is located in this State.

(d) Except for the developer of the project or an employee, officer, agent, or assign of the developer of the project where the time–shares are located, a person engaged in the business of selling time–shares owned by that person is required to comply with §§ 11A–115, 11A–116, 11A–119, 11A–121, 11A–122, 11A–124, and 11A–125 of this title, but is not required to comply with § 11A–112 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 11-401 — MD Code / Article gab / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

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

(1) § 2–201 (“Issuance by Executive Director”);

(2) § 2–202 (“Class 1 distillery license”);

(3) § 2–203 (“Class 9 limited distillery license”);

(4) § 2–204 (“Class 2 rectifying license”);

(5) § 2–205 (“Class 3 winery license”);

(6) § 2–206 (“Class 4 limited winery license”);

(7) § 2–208 (“Class 6 pub–brewery license”);

(8) § 2–210 (“Class 8 farm brewery license”);

(9) § 2–211 (“Residency requirement”);

(10) § 2–212 (“Additional licenses”);

(11) § 2–213 (“Additional fees”);

(12) § 2–214 (“Sale or delivery restricted”);

(13) § 2–216 (“Interaction between manufacturing entities and retailers”);

(14) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(15) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county:

(1) § 2–207 (“Class 5 brewery license”), subject to § 11–1007.1 of this title;

(2) § 2–209 (“Class 7 micro–brewery license”), subject to § 11–1007.1 of this title; and

(3) § 2–215 (“Beer sale on credit to retail dealer prohibited”), subject to § 11–403 of this subtitle.
Md. Code, Corporations and Associations § 11-306 — MD Code / Article gca / Title 11 / Subtitle 3 / Section 11-306
§11–306.
Status: in_force

A person who engages in the business of effecting transactions in securities for the account of others or for the person’s own account or who acts as a broker–dealer or agent may not engage in dishonest or unethical practices in the securities or investment advisory business.
Md. Code, Transportation § 11-130.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-130.1
§11–130.
Status: in_force

§11–130.1.

“Low speed vehicle” means a four–wheeled motor vehicle that has a maximum speed capability that exceeds 20 miles per hour but is less than 25 miles per hour.
Md. Code, Corporations and Associations § 11-601 — MD Code / Article gca / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: in_force

The following securities are exempted from §§ 11–205 and 11–501 of this title:

(1) (i) Any security, including a revenue obligation, issued or guaranteed by the United States, any state, any political subdivision of a state, or any agency or corporation or other instrumentality of one or more of them; or

(ii) Any certificate of deposit for any of these securities;

(2) Any security issued or guaranteed by Canada, any Canadian province, any political subdivision of the province, any agency, corporate, or other instrumentality of one or more of them, or any other foreign government with which the United States currently maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer or guarantor;

(3) Any security issued by and representing an interest in or a debt of, or guaranteed by, any bank organized under the laws of the United States, or any bank, savings institution, or trust company organized and supervised under the laws of any state;

(4) Any security issued by and representing an interest in or a debt of, or guaranteed by any federal savings and loan association, or any building and loan or similar association organized and supervised under the laws of any state and authorized to do business in this State;

(5) Any security issued by and representing an interest in or a debt of, or guaranteed by, any insurance company organized under the laws of any state and authorized to do business in this State;

(6) Any security issued or guaranteed by any federal credit union or any credit union, industrial loan association, or similar association organized and supervised under the laws of this State;

(7) Any security issued or guaranteed by any railroad, other common carrier, public utility, or holding company which is:

(i) A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of such a company within the meaning of that Act;

(ii) Regulated in respect of its rates and charges by a governmental authority of the United States or any state; or

(iii) Regulated in respect of the issuance or guarantee of the security by a governmental authority of the United States, any state, Canada, or any Canadian province;

(8) (i) Any security listed or approved for listing on notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Philadelphia Stock Exchange, or any other exchange which the Commissioner designates by order to have substantially the same standards for listing as required by these exchanges;

(ii) Any other security of the same issuer which is of senior or substantially equal rank;

(iii) Any security called for by subscription rights or warrants so listed or approved; or

(iv) Any warrant or right to purchase or subscribe to any of these;

(9) Any security issued by any person organized and operated not for private profit but exclusively for religious, educational, benevolent, charitable, fraternal, social, athletic, or reformatory purposes, or as a chamber of commerce, local industrial development corporation, or trade or professional association, if:

(i) Such security is offered and sold as part of an issue having an aggregate offering price not in excess of such amount as the Commissioner by rule or order may prescribe and is offered and sold without payment of any commission or remuneration for soliciting any prospective buyer; or

(ii) 10 days prior to the first sale of such security there is filed with the securities division such notice as the Commissioner may by rule or order prescribe, no offers or sales are made in this State by persons other than a broker–dealer or agent registered in this State, and no commission or remuneration for soliciting any prospective buyer is paid except to a broker–dealer or agent registered in this State;

(10) Any commercial paper which arises out of a current transaction or the proceeds of which have been or are to be used for current transactions and which evidences an obligation to pay cash within nine months of the date of issuance, exclusive of days of grace, or any renewal of such paper which is likewise limited, or any guarantee of such paper or of any such renewal;

(11) Any investment contract or other security issued in connection with an employee’s stock purchase, savings, pension, profit–sharing, stock option, equity compensation, or similar benefit plan if:

(i) No commission or other remuneration is paid in connection with the offering; and

(ii) 1. The plan is qualified under the Internal Revenue Code;

2. The plan complies with Rule 701 under the Securities Act of 1933; or

3. The security is effectively registered under §§ 6 through 8 of the Securities Act of 1933 and is offered and sold in compliance with the provisions of § 5 of the Securities Act of 1933;

(12) Any security traded pursuant to the National Association of Securities Dealers Automated Quotations (NASDAQ) systems for which the Commissioner by rule has determined that registration is not necessary for the protection of investors;

(13) Any option issued by a clearing agency that is both designated by the Commissioner by rule and registered under the Securities Exchange Act of 1934, other than an off–exchange futures contract or substantially similar arrangement, if the security, currency, commodity, or other interest underlying the option:

(i) Is registered under § 11–502, § 11–503, or § 11–504 of this title;

(ii) Is exempt under § 11–601 or § 11–602 of this subtitle; or

(iii) Is not otherwise required to be registered under this title;

(14) A security exempt under § 3(a)(12)(A)(v) of the Securities Exchange Act of 1934, if:

(i) The security is offered and sold as part of an issue having an aggregate offering price not in excess of an amount that the Commissioner may require, by rule, order, or otherwise, and is sold without payment of any commission or remuneration for soliciting a prospective buyer; or

(ii) 10 days prior to the first sale of the security there is filed with the Commissioner notice that the Commissioner may require by rule, order, or otherwise, that no offers or sales are made in this State by persons other than a broker–dealer or agent registered in this State, and no commission or remuneration for soliciting a prospective buyer is paid except to a broker–dealer or agent registered in this State;

(15) (i) A note, bond, or other evidence of indebtedness issued to the United States or an agency or instrumentality of the United States by a cooperative, as defined in § 5–601 of this article, or by a foreign corporation doing business in the State under Title 5, Subtitle 6 of this article;

(ii) A mortgage, deed of trust, or other instrument executed to secure a note, bond, or other evidence of indebtedness described in item (i) of this item; and

(iii) A membership certificate issued by a cooperative, as defined in § 5–601 of this article, or by a foreign corporation doing business in the State under Title 5, Subtitle 6 of this article;

(16) To the extent the Commissioner by rule or order may permit, any security issued by an entity formed, organized, or existing under the laws of the State if:

(i) The offering of the security is conducted in accordance with § 3(a)(11) of the Securities Act of 1933 and Rule 147 adopted under the Securities Act of 1933;

(ii) The offer and sale of the security are made only to residents of the State;

(iii) The aggregate price of securities in an offering under this item does not exceed $100,000;

(iv) The total consideration paid by any purchaser of securities in an offering under this item does not exceed $100;

(v) No commission or other remuneration is paid in connection with an offering of securities under this item to any person who is not registered as required under this title;

(vi) Neither the issuer nor any of its related persons is subject to a disqualification as defined by the Commissioner by rule or order; and

(vii) The security is sold in an offering conducted in compliance with any conditions established by rule or order of the Commissioner, which may include:

1. Restrictions on the nature of the issuer;

2. Limitations on the number and manner of offerings;

3. Required disclosures to investors, including risk factors related to the issuer and the offering; and

4. Required filing with the Commissioner of notices and other materials related to the offering; and

(17) Any security as to which the Commissioner by rule or order finds that:

(i) Compliance with §§ 11–205 and 11–501 of this title is not necessary or appropriate for the protection of investors; and

(ii) The exemption is consistent with the public interest and within the purposes fairly intended by the policy and provisions of this title.
Md. Code, Business Regulation § 11-829 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-829
§11–829.
Status: in_force

Except for betting on races of national or international prominence which have been approved by the Commission, satellite simulcast betting may not be conducted:

(1) on any day other than Sunday between 1:30 a.m. and 10:00 a.m.; and

(2) between 1:30 a.m. and 11:00 a.m. on Sunday.
Md. Code, Insurance § 11-407 — MD Code / Article gin / Title 11 / Subtitle 4 / Section 11-407
§11–407.
Status: in_force

(a) A title insurer may not make or issue a contract, policy, or guarantee of insurance except in accordance with filings approved as provided in this subtitle, except for special or unusual risks for which a filing has not yet been provided.

(b) Each title insurer must hold to the rates or premiums as approved by the Commissioner and may not deviate from the rates or premiums or allow to or for the account of an insured a rebate or discount on the rates or premiums payable.

(c) A title insurer may pay or allow a commission to a licensed insurance producer of the title insurer as compensation for procuring business.
Md. Code, Business Regulation § 11-812 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-812
§11–812.
Status: in_force

(a) A mile thoroughbred racing licensee operating a sending track shall pay to the Commission, within 10 days after each day of intertrack betting on thoroughbred racing at a receiving track, $1,000 of the impact aid to be paid to political subdivisions for intertrack betting for that day under § 11–404(c) and (d) of this title.

(b) The licensee shall deduct from the takeout the payment under subsection (a) of this section and then shall allocate the rest of the takeout in the way normally applicable to racing at the sending track.

(c) The Commission shall pay promptly to the Comptroller all money collected under this section.
Md. Code, Insurance § 11-314 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-314
§11–314.
Status: in_force

(a) Each rating organization and each insurer subject to this subtitle that makes its own rates shall provide reasonable means within the State by which a person aggrieved by the application of its rating system may be heard in person or by an authorized representative on the person’s written request to review the manner in which the rating system has been applied in connection with the insurance afforded the aggrieved person.

(b) If the rating organization or insurer fails to grant or reject the aggrieved person’s request within 30 days after it is made, the applicant may proceed as if the application had been rejected.

(c) (1) Within 30 days after written notice of the action of a rating organization or insurer on a request for review, any party affected by the action may apply, in writing, for an appeal to the Commissioner.

(2) An application under this subsection shall set forth the basis for the appeal and the grounds on which the applicant will rely.

(d) (1) The Commissioner shall review the application for appeal.

(2) If the Commissioner finds that the application is made in good faith and sets forth on its face grounds that reasonably justify a hearing, the Commissioner shall hold a hearing.

(3) The Commissioner shall give written notice of the hearing to the applicant and rating organization or insurer at least 10 days before the hearing.

(4) After the hearing, the Commissioner shall affirm or reverse the action.