Md. Code, Natural Resources § 4-220 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-220
§4–220.
Status: in_force

(a) In addition to any other penalty provided by the provisions of this title, the Secretary may revoke or suspend any recreational license issued to any person under this title.

(b) The Secretary may adopt regulations that list the criteria for a suspension of a person’s entitlement to engage in an activity or activities that are licensed or permitted under this title.

(c) (1) During a period of suspension imposed by the Department, the person whose entitlement to engage in an activity or activities has been suspended may not engage in an activity for which the suspension was imposed.

(2) The following are grounds for an immediate suspension of a license issued under this title:

(i) Knowingly making a false statement in an application;

(ii) Three convictions for violations occurring on separate days within any 3–year period of provisions under this title;

(iii) Failure to submit a report required under this title or by regulation; or

(iv) Failure of a nonresident of the State to appear in court in accordance with a citation issued by a Natural Resources police officer, or to any other process issued by any court of Maryland, for violation of this title.

(3) A penalty imposed in accordance with this section is in addition to any other penalty authorized under § 4–1201 of this title regarding striped bass.

(4) The Department shall initiate any proceeding to suspend a license under this section not later than 6 months after the time for filing an appeal of the third conviction under paragraph (2)(ii) of this subsection has passed.

(5) (i) Before the suspension of a license under this section, the Department shall notify the licensee in writing of the licensee’s right to a hearing on request.

(ii) If a licensee submits a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed, the Department shall:

1. Hold a hearing after providing at least 10 days’ notice to the licensee; and

2. Conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(iii) The Department may suspend a recreational license issued under this title without a hearing if:

1. The licensee does not submit a written request for a hearing; or

2. The licensee fails to appear for a scheduled hearing for which the Department provided notice.
Md. Code, Transportation § 4-406 — MD Code / Article gtr / Title 4 / Subtitle 4 / Section 4-406
§4–406.
Status: in_force

The Authority shall rename the Harry W. Nice Memorial Bridge as the Harry W. Nice/Thomas “Mac” Middleton Bridge.
Md. Code, General Provisions § 4-1A-02 — MD Code / Article ggp / Title 4 / Subtitle 1A / Section 4-1A-02
§4–1A–02.
Status: in_force

(a) (1) The Board consists of five members.

(2) (i) One member of the Board shall be a representative:

1. from a nongovernmental nonprofit group that is organized in the State;

2. who works on issues related to transparency or open government; and

3. who is nominated by representatives of the open government and news media communities.

(ii) One member of the Board shall:

1. have knowledge of the provisions of this title;

2. have served as a custodian in the State as defined in § 4–101(d) of this title; and

3. be nominated by the Maryland Association of Counties and the Maryland Municipal League.

(iii) 1. Three members of the Board shall be private citizens of the State.

2. A private citizen member of the Board may not be:

A. a custodian of a public record;

B. a member of the news media; or

C. a staff member or spokesperson for an organization that represents the interests of custodians or applicants for public records.

(3) At least two members of the Board shall be attorneys admitted to the Maryland Bar.

(4) At least one member of the Board shall be knowledgeable about electronic records, including electronic storage, retrieval, review, and reproduction technologies.

(5) (i) The Governor shall publish, on the website of the Office of the Governor, notice of the Governor’s intent to consider applicants for positions on the Board.

(ii) The notice shall include:

1. application procedures;

2. criteria for evaluating an applicant’s qualifications; and

3. procedures for resolving any conflicts of interest.

(iii) The Governor shall solicit recommendations for positions on the Board from representatives of the custodian, news media, and nonprofit communities.

(iv) 1. An individual may submit to the Governor an application for membership on the Board as provided under subparagraph (ii) of this paragraph.

2. The names and qualifications of applicants shall be posted on the website of the Office of the Governor.

(v) When evaluating an applicant, the Governor shall:

1. consider the need for geographic, political, racial, ethnic, cultural, and gender diversity on the Board; and

2. ensure the neutrality of the Board.

(6) Subject to paragraphs (2) through (4) of this subsection and with the advice and consent of the Senate, the Governor shall appoint the members of the Board from the pool of applicants under paragraph (5) of this subsection.

(b) From among the members of the Board, the Governor shall appoint a chair.

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

(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2015.

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

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

(5) A member may not serve for more than two consecutive 3–year terms.
Md. Code, Commercial Law § 4-211 — MD Code / Article gcl / Title 4 / Subtitle 2 / Section 4-211
§4–211.
Status: in_force

For purposes of determining its status as a holder in due course, a bank has given value to the extent that it has a security interest in an item, if the bank otherwise complies with the requirements of § 3-302 on what constitutes a holder in due course.
Md. Code, Corporations and Associations § 4-102 — MD Code / Article gca / Title 4 / Subtitle 1 / Section 4-102
§4–102.
Status: in_force

Notwithstanding any contrary provision of law, an individual who holds more than one office in a close corporation may act in more than one capacity to execute, acknowledge, or verify any instrument required to be executed, acknowledged, or verified by more than one officer.
Md. Code, Agriculture § 4-107 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-107
§4–107.
Status: in_force

In addition to rules and regulations specifically authorized by this subtitle, the Secretary may adopt rules and regulations, and require reports from persons subject to this subtitle to carry out the purposes and provisions of this subtitle.
Md. Code, Health - General § 4-307 — MD Code / Article ghg / Title 4 / Subtitle 3 / Section 4-307
§4–307.
Status: reserved

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

(2) “Case management” means an individualized recipient centered service designed to assist a recipient in obtaining effective mental health services through the assessing, planning, coordinating, and monitoring of services on behalf of the recipient.

(3) “Core service agency” has the meaning stated in § 7.5–101 of this article.

(4) “Director” means the Director of the Behavioral Health Administration or the designee of the Director.

(5) “Mental health director” means the health care professional who performs the functions of a clinical director or the designee of that person in a health care, detention, or correctional facility.

(6) (i) “Personal note” means information that is:

1. The work product and personal property of a mental health provider; and

2. Except as provided in subsection (d)(3) of this section, not discoverable or admissible as evidence in any criminal, civil, or administrative action.

(ii) Except as provided in subsection (d)(2) of this section, a medical record does not include a personal note of a mental health care provider, if the mental health care provider:

1. Keeps the personal note in the mental health care provider’s sole possession for the provider’s own personal use;

2. Maintains the personal note separate from the recipient’s medical records; and

3. Does not disclose the personal note to any other person except:

A. The mental health provider’s supervising health care provider that maintains the confidentiality of the personal note;

B. A consulting health care provider that maintains the confidentiality of the personal note; or

C. An attorney of the health care provider that maintains the confidentiality of the personal note.

(iii) “Personal note” does not include information concerning the patient’s diagnosis, treatment plan, symptoms, prognosis, or progress notes.

(b) The disclosure of a medical record developed in connection with the provision of mental health services shall be governed by the provisions of this section in addition to the other provisions of this subtitle.

(c) When a medical record developed in connection with the provision of mental health services is disclosed without the authorization of a person in interest, only the information in the record relevant to the purpose for which disclosure is sought may be released.

(d) (1) To the extent a mental health care provider determines it necessary and appropriate, the mental health care provider may maintain a personal note regarding a recipient.

(2) A personal note shall be considered part of a recipient’s medical records if, at any time, a mental health care provider discloses a personal note to a person other than:

(i) The provider’s supervising health care provider;

(ii) A consulting health care provider;

(iii) An attorney of the health care provider; or

(iv) A recipient under paragraph (3) of this subsection.

(3) The provisions of this subsection do not prohibit the disclosure, discovery, or admissibility of a personal note regarding a recipient who has initiated an action for malpractice, an intentional tort, or professional negligence against the health care provider.

(e) (1) Except as otherwise provided in paragraphs (3), (4), and (5) of this subsection, if the disclosure of a portion of a medical record relating to a psychological test would compromise the objectivity or fairness of the test or the testing process, a mental health care provider may not disclose that portion of the medical record to any person, including a subject of the test.

(2) The raw test data relating to a psychological test is only discoverable or admissible as evidence in a criminal, civil, or administrative action on the determination by the court or administrative hearing officer that the expert witness for the party seeking the raw test data is qualified by the appropriate training, education, or experience to interpret the results of that portion of the raw test data relating to the psychological test.

(3) (i) A recipient who has been the subject of a psychological test may designate a psychologist licensed under Title 18 of the Health Occupations Article or a psychiatrist licensed under Title 14 of the Health Occupations Article to whom a health care provider may disclose the medical record.

(ii) The recipient shall:

1. Request the disclosure authorized under this paragraph in writing; and

2. Comply with the provisions of § 4–304 of this subtitle.

(4) A health care provider may disclose a medical record relating to a psychological test as provided under § 4–305(b)(2)(i) of this subtitle.

(5) The provisions of this subsection may not restrict access to or affect the disclosure of a medical record which is also an education record under the federal Individuals with Disabilities Education Act, the federal Family Educational Rights and Privacy Act, or any federal and State regulations that have been adopted to implement those laws.

(f) Notwithstanding any other provision of this subtitle, a person in interest shall have the right to obtain a medical record of a recipient that is developed in conjunction with a mental health evaluation relating to obtaining or continuing employment, if the evaluation has been performed at the request of or on behalf of an employer or prospective employer:

(1) In connection with a civil action or U.S. Equal Employment Opportunity Commission complaint initiated by the person in interest; or

(2) On a written authorization of the employer or prospective employer.

(g) A health care provider may disclose a medical record that relates to and identifies more than one recipient in group or family therapy only:

(1) On the authorization of a person in interest for each recipient;

(2) As provided in this subtitle; or

(3) As otherwise provided by law.

(h) This section may not be construed to prevent the disclosure of a medical record that relates to the provision of mental health services between or among the health care providers that participate in the approved plan of a core service agency or local behavioral health authority for the delivery of mental health services, if a recipient:

(1) Has received a current list of the participating providers; and

(2) Has signed a written agreement with the core service agency or local behavioral health authority to participate in the client information system developed by the agency.

(i) If an individual given access to a medical record that relates to the provision of mental health services signs an acknowledgment of the duty under this Act not to redisclose personal identifying information about a recipient, this section may not be construed to prevent the disclosure of the medical record for rate review, auditing, health planning, licensure, approval, or accreditation of a facility by governmental or professional standard setting entities.

(j) (1) A health care provider may disclose a medical record without the authorization of a person in interest:

(i) To the medical or mental health director of a juvenile or adult detention or correctional facility if:

1. The recipient has been involuntarily committed under State law or a court order to the detention or correctional facility requesting the medical record; and

2. After a review of the medical record, the health care provider who is the custodian of the record is satisfied that disclosure is necessary for the proper care and treatment of the recipient;

(ii) As provided in § 5–609 of the Courts Article;

(iii) 1. If a health care provider is a facility as defined in § 10–101 of this article, to a law enforcement agency concerning a recipient who:

A. Has been admitted involuntarily or by court order to the facility; and

B. Is on an unauthorized absence or has otherwise left the facility without being discharged or released;

2. The facility director may disclose to the law enforcement agency identifying information and only such further information that the director believes is necessary to aid the law enforcement agency in locating and apprehending the recipient for the purpose of:

A. Safely returning the recipient to custody; or

B. Fulfilling the provisions of subparagraph (ii) of this paragraph;

(iv) If a health care provider is a facility as defined in § 10–101 of this article, the facility director may confirm or deny the presence in the facility of a recipient to a parent, guardian, next of kin, or any individual who has a significant interest in the status of the recipient if that individual has filed a missing persons report regarding the recipient; and

(v) To allow for the service of process or a court order in a facility when appropriate arrangements have been made with the facility director so as to minimize loss of confidentiality.

(2) When a disclosure is made under this subsection, documentation of the disclosure shall be inserted in the medical record of the recipient.

(k) (1) A health care provider shall disclose a medical record without the authorization of a person in interest:

(i) To the medical or mental health director of a juvenile or adult detention or correctional facility or to another inpatient provider of mental health services in connection with the transfer of a recipient from an inpatient provider, if:

1. The health care provider with the records has determined that disclosure is necessary for the continuing provision of mental health services; and

2. The recipient is transferred:

A. As an involuntary commitment or by court order to the provider;

B. Under State law to a juvenile or adult detention or correctional facility; or

C. To a provider that is required by law or regulation to admit the recipient;

(ii) To the State designated protection and advocacy system for mentally ill individuals under the federal Protection and Advocacy for Mentally Ill Individuals Act of 1986, as amended, if:

1. The State designated protection and advocacy system has received a complaint regarding the recipient or the director of the system has certified in writing to the chief administrative officer of the health care provider that there is probable cause to believe that the recipient has been subject to abuse or neglect;

2. The recipient by reason of mental or physical condition is unable to authorize disclosure; and

3. A. The recipient does not have a legal guardian or other legal representative who has the authority to consent to the release of health care information; or

B. The legal guardian of the recipient is a representative of a State agency;

(iii) To another health care provider or legal counsel to the other health care provider prior to and in connection with or for use in a commitment proceeding in accordance with Title 10, Subtitle 6 or Title 12 of this article;

(iv) In accordance with a court order, other than compulsory process compelling disclosure, as permitted under § 9–109(d), § 9–109.1(d), or § 9–121(d) of the Courts Article, or as otherwise provided by law, to:

1. A court;

2. An administrative law judge;

3. A health claims arbitrator; or

4. A party to a court, administrative, or arbitration proceeding;

(v) In accordance with a subpoena for medical records on specific recipients:

1. To health professional licensing and disciplinary boards for the sole purpose of an investigation regarding licensure, certification, or discipline of a health professional or the improper practice of a health profession; and

2. To grand juries, prosecution agencies, and law enforcement agencies under the supervision of prosecution agencies for the sole purposes of investigation and prosecution of a provider for theft and fraud, related offenses, obstruction of justice, perjury, unlawful distribution of controlled substances, and of any criminal assault, neglect, patient abuse or sexual offense committed by the provider against a recipient, provided that the prosecution or law enforcement agency shall:

A. Have written procedures which shall be developed in consultation with the Director to maintain the medical records in a secure manner so as to protect the confidentiality of the records; and

B. In a criminal proceeding against a provider, to the maximum extent possible, remove and protect recipient identifying information from the medical records used in the proceeding; or

(vi) In the event of the death of a recipient, to the office of the medical examiner as authorized under § 5–309 or § 10–713 of this article.

(2) If a recipient believes that a medical record has been inappropriately obtained, maintained, or disclosed under paragraph (1)(vi) of this subsection, the recipient may petition the State prosecutor for an investigation of the allegation.

(3) Except in a proceeding relating to payment for the health care of a recipient, the medical record of a recipient and any information obtained as a result of disclosure under paragraph (1)(vi) of this subsection is disclosable, notwithstanding any privilege in law, but may not be used in any proceeding against the recipient.

(4) A written request for disclosure or written confirmation of an oral request in an emergency that justifies the need for disclosure shall be inserted in the medical record of the recipient.

(5) Documentation of the disclosure shall be inserted in the medical record of the recipient.

(6) This subsection may not preclude a health care provider, a recipient, or person in interest from asserting in a motion to quash or a motion for a protective order any constitutional right or other legal authority in opposition to disclosure.

(l) (1) Subject to paragraphs (2) through (4) of this subsection, a health care provider shall disclose medical and legal records without the authorization of an individual to a public defender who states in writing that the Office of the Public Defender represents the individual in:

(i) An involuntary admission proceeding under Title 10, Subtitle 6 of this article;

(ii) A release proceeding under Title 10, Subtitle 8 of this article; or

(iii) A commitment or release proceeding under Title 3 of the Criminal Procedure Article.

(2) Legal records required to be disclosed under paragraph (1) of this subsection include:

(i) An emergency petition;

(ii) An application for involuntary admission; and

(iii) A certification for involuntary admission.

(3) The records disclosed under paragraph (1) of this subsection shall be limited to those records needed by the public defender to represent the individual in the proceedings listed in paragraph (1) of this subsection.

(4) Records provided under paragraph (1)(i) of this subsection shall be provided:

(i) Within 24 hours after the health care provider receives a written request for the records from the public defender; and

(ii) Only if the individual has not yet retained private counsel.
Md. Code, Natural Resources § 4-213 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-213
§4–213.
Status: in_force

(a) In this section, “submerged aquatic vegetation” means a vascular or nonvascular hydrophyte, which is rooted or unrooted, that lies entirely beneath the surface of the water, except for flowering parts in some species.

(b) This section does not apply to activities involved in:

(1) The harvesting of fish, shellfish, or crabs; or

(2) The construction, operation, and maintenance of agricultural drainage channels.

(c) Except as provided in this section, before a person may trim, harvest, cut, or otherwise remove or eradicate submerged aquatic vegetation from any land under the tidal waters of the State below the mean high tide, the person shall submit to the Department for approval a description of:

(1) Why the alteration or removal of submerged aquatic vegetation is necessary;

(2) The proposed method of alteration or removal;

(3) A plan showing the site at which the activity is proposed; and

(4) The extent of submerged aquatic vegetation to be altered or removed.

(d) (1) (i) To allow ample access to their property from a navigable channel, a person who owns or rents a pier, dock, or ramp on the tidal waters of the State may trim or cut submerged aquatic vegetation in a strip up to 20 feet wide extending from the pier, dock, or ramp to the navigable channel without the approval of the Department.

(ii) A person who owns or rents any marina on the tidal waters of the State or the agent of the person may trim or cut submerged aquatic vegetation in a strip up to 20 feet wide extending from each individual boat slip to the common points of ingress and egress of the navigable channels servicing the marina without the approval of the Department.

(iii) 1. Except as provided in subsubparagraph 2 of this subparagraph, a public utility company or telecommunications carrier may trim, harvest, cut, or otherwise remove or eradicate submerged aquatic vegetation in a strip up to 20 feet wide in order to maintain utility crossings in the waters of the State without the approval of the Department.

2. There is no limitation to a 20 foot wide strip for a utility company or telecommunications carrier when:

A. Performing an emergency investigation; or

B. Performing repair work.

(2) Notwithstanding paragraph (1) of this subsection, before a person trims, harvests, cuts, or otherwise removes or eradicates submerged aquatic vegetation under this subsection, the person shall:

(i) Contact the Department for information on best harvesting methods;

(ii) Use best harvesting methods; and

(iii) Provide the Department with the:

1. Location of the submerged aquatic vegetation that will be altered or removed; and

2. Date on which the alteration or removal will occur.

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

1. Any person who has a national pollution discharge elimination system permit; or

2. Any publicly or privately owned sewage treatment plant.

(ii) A person may not use any chemical to trim, harvest, cut, or otherwise remove or eradicate submerged aquatic vegetation under this subsection.

(e) (1) Except as provided in subsection (d) of this section, the Department may authorize or prohibit the removal or eradication of any species of submerged aquatic vegetation or combination thereof for any purpose, including facilitation of boating access.

(2) If a plan is approved, the Department may prescribe the time, method, and extent of the removal or eradication to:

(i) Control the effect of the removal or eradication on water quality; or

(ii) Protect the growth and proliferation of fish and aquatic grasses.

(f) (1) The Secretary may adopt regulations to administer this section.

(2) As part of the regulations, the Secretary may authorize specific categories of removal of submerged aquatic vegetation.

(g) (1) Except as otherwise provided in this section, a person may trim, harvest, cut, or otherwise remove or eradicate submerged aquatic vegetation from any land under the tidal waters of the State below mean high tide only in accordance with a plan approved by the Department.

(2) The plan under this subsection shall include the following requirements:

(i) The name, address, and telephone number of the person making the request;

(ii) A written description by the person making the request of the reasons why it is necessary to alter or remove the submerged aquatic vegetation;

(iii) The proposed method to alter or remove the submerged aquatic vegetation; and

(iv) A diagram showing the location and extent of the submerged aquatic vegetation that is proposed to be altered or removed.

(h) The authorization required by this section is in addition to any other permit or license required by law.
Md. Code, Natural Resources § 4-506.1 — MD Code / Article gnr / Title 4 / Subtitle 5 / Section 4-506.1
§4–506.
Status: in_force

§4–506.1.

(a) While on private or public land, or Maryland waters, a person may not for the purpose of disrupting a lawful fishing activity:

(1) Interfere intentionally with the lawful taking of fish or other marine life by another person;

(2) Intentionally harass, drive, or disturb any fish for the purpose of disrupting a lawful fishing activity;

(3) Intentionally block, impede, harass, or disturb a person engaged in a lawful fishing activity;

(4) Intentionally deny passage by creating or erecting barriers on public property or on private property without the landowner’s prior permission to areas where a lawful fishing activity is permitted; or

(5) Intentionally hinder a lawful fishing activity by placing obstacles or objects in waters of the State.

(b) The conduct declared unlawful in this section does not include any incidental interference arising from lawful activity by private land users or users of land managed by the Department, including farmers, miners, or persons engaged in recreation.

(c) A Natural Resources police officer or other police officer of the State who has probable cause to believe that a person has violated this section may:

(1) Order the person to desist or to leave the area; or

(2) Arrest the person who refuses to desist or to leave the area.
Md. Code, Agriculture § 4-131 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-131
§4–131.
Status: in_force

This subtitle may be cited as the Maryland Wholesome Meat Act.
Md. Code, Commercial Law § 4-107 — MD Code / Article gcl / Title 4 / Subtitle 1 / Section 4-107
§4–107.
Status: in_force

A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders must be given under this title and under Title 3.
Md. Code, Natural Resources § 4-601 — MD Code / Article gnr / Title 4 / Subtitle 6 / Section 4-601
§4–601.
Status: in_force

“Angling” means catching or attempting to catch fish by hook and line, with the line held in hand, attached to a pole or rod held in hand, or attended in a manner that the fish voluntarily takes bait or lure in its mouth.
Md. Code, Education § 4-306.2 — MD Code / Article ged / Title 4 / Subtitle 3 / Section 4-306.2
§4–306.
Status: in_force

§4–306.2.

(a) The board may issue bonds for the purpose of financing or refinancing all or any part of the costs of any project.

(b) (1) Except as provided in paragraph (2) of this subsection, the aggregate principal amount of bonds outstanding, including the amount of any reserve fund requirement established for the bonds, may not exceed, as of the date that the bonds are issued, $200,000,000.

(2) The aggregate principal amount of bonds outstanding does not include:

(i) Qualified School Construction Bonds as defined in § 54F of the Internal Revenue Code; or

(ii) Any bonds issued by or contracts entered into in connection with bonds issued by any other person or entity, including the Maryland Stadium Authority to finance construction or renovation of public schools.

(c) Bonds shall be authorized by a resolution of the board and may be secured by a trust agreement by and between the board and a corporate trustee or trustees which may be any trust company or bank having the powers of a trust company within or outside the State.

(d) Before the board may issue a bond under this section, the Mayor and City Council of Baltimore shall pass a resolution approving the board’s issuance of the bond and shall forward that resolution to the board.

(e) The resolution of the board authorizing the bonds:

(1) Shall describe the projects which are to be financed or refinanced by the bond;

(2) Shall state the maximum principal amount of the bond;

(3) Shall describe the sources of payment of the bonds;

(4) Shall provide that the proceeds of the bonds shall be invested in accordance with any investment policy approved by the board; and

(5) May provide that the bonds are redeemable before maturity at a price or prices and under terms and conditions or in accordance with a method determined by the board.

(f) The resolution of the board or the trust agreement relating to the bonds may contain provisions that:

(1) Limit the purpose to which the proceeds of any issue of bonds may be applied and restrict the investment of revenues or bond proceeds in government obligations for which principal and interest are unconditionally guaranteed by the United States of America;

(2) Provide for the issuance of additional bonds to finance or refinance any projects, which may not exceed the total value of the outstanding bonds allowed under subsection (b) of this section;

(3) Assign all or any part of the board’s funds or assets;

(4) Protect and enforce the rights and remedies of the bondholders that are reasonable and proper and not in violation of the law, including covenants that shall include:

(i) The duties of the board in relation to the project;

(ii) The duties of the board in relation to its funds;

(iii) The custody, safeguarding, and application of all money; and

(iv) The rights and remedies of bondholders and trustees, and may restrict the individual right of action by bondholders; and

(5) The board deems reasonable and proper for the security of the bondholders, including covenants pertaining to the issuance of additional parity bonds upon stated conditions.

(g) The bonds shall:

(1) Be dated and bear interest at the fixed or variable rate or rates determined by the method provided in the resolution of the board authorizing the issuance of the bonds;

(2) Mature at a time or times not exceeding the useful life of the projects for which the bonds are issued, but in no event shall the maturity of the bonds exceed 30 years from their date or dates of issue, as may be determined by the board;

(3) Be issued at, above, or below par value, for cash or other valuable consideration;

(4) Be payable at a time or times, in the denominations and form, either coupon or registered or both, and carry the registration and privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds as the resolution of the board may provide;

(5) Bear the manual or facsimile signature of the Chief Executive Officer or one of the other members of the board. In case any officer whose manual or facsimile signature appears on any bonds or coupons ceases to be an officer before the delivery of the bonds, the signature or facsimile of the former officer is valid and sufficient for all purposes as if the officer had remained in office until delivery;

(6) Bear the official seal of the board or a facsimile of the seal affixed to the bonds and attested by the manual or facsimile signature of the secretary of the board;

(7) Be payable in lawful money of the United States of America at a designated place;

(8) Be subject to the terms of purchase, payment, redemption, refunding, or refinancing that the resolution of the board provides; and

(9) Be sold in the manner and upon the terms determined by the board including private or negotiated sale.

(h) All bonds issued under the provisions of this subtitle shall have all the qualities and incidents of negotiable instruments under the laws of the State relating to negotiable instruments.

(i) Prior to the preparation of definitive bonds, the board, under like restrictions, may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds are executed and available for delivery.

(j) (1) Bonds may be issued under the provisions of this subtitle:

(i) Without obtaining the consent of any department, division, commission, board, bureau, or agency of the State; or

(ii) Without any other proceedings or the occurrence of any other conditions other than those proceedings or conditions that are required specifically by provisions of this subtitle.

(2) The provisions of Title 8, Subtitle 2 of the State Finance and Procurement Article do not apply to bonds issued under the provisions of this subtitle.

(k) The board shall establish one or more trust funds for the deposit of the proceeds of the bonds of any issue.

(l) The board may:

(1) Maintain separate accounts for purposes of identifying the sources of payment of the bonds for the acquisition, development, or improvement of public school facilities; and

(2) Retain the interest revenue or other investment income from the bonds of any issue for the purposes of applying the revenue or income to the costs of acquiring, constructing, reconstructing, renovating, equipping, maintaining, or repairing school facilities.

(m) (1) Any bond issued under this subtitle shall state on its face that the bond does not create or constitute any indebtedness or obligation of the State, of the Mayor and City Council of Baltimore, or of any other political subdivision of the State, except the Baltimore City Board of School Commissioners.

(2) The bonds do not constitute a debt or obligation contracted by the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.

(n) The bonds of any issue shall be payable from and secured solely by:

(1) All or any part of the fees or revenues generated by an activity of the board to the extent lawfully available for such purpose;

(2) The proceeds of the bonds and investment earnings thereon;

(3) Any grant or gift received by the board to the extent lawfully available for such purpose;

(4) Reserves or other funds established for the bonds under the resolution or trust agreement;

(5) Any money which may lawfully be applied to the payment of the bonds, including without limitation any appropriation by the State or Baltimore City made lawfully available for such purpose; or

(6) Any source of funds to which the board has access to the extent lawfully available for such purpose.

(o) Prior to and during construction and for 1 year after completion of construction of any public school facility for which bonds have been issued, the interest on the bonds may be paid out of the proceeds of the bonds or out of other money allocated for that purpose.

(p) (1) The board may provide, from time to time, for the issuance and sale of bond anticipation notes in accordance with the procedures set forth in Title 19, Subtitle 2, Part III of the Local Government Article for the issuance of bonds.

(2) Except where the provisions of this subtitle would be inapplicable to bond anticipation notes, the term “bonds” used in this subtitle shall include bond anticipation notes, including the provisions pertaining to the exemption from taxation by the State and its political subdivisions.

(q) In connection with the issuance of any bonds, the board may:

(1) Obtain or enter into agreements and contracts for bond insurance, reserve fund insurance, a letter of credit, a line of credit, or any form of additional, substitute, or replacement security for any bonds; and

(2) Pledge or assign all or any part of the funds of the board to the repayment or reimbursement of the provider of the bond insurance, reserve fund insurance, letter of credit, line of credit, or other form of additional, substitute, or replacement security.

(r) Any of the agreements and contracts may contain the covenants, terms, and conditions as may be contained in any trust agreement for any bonds.

(s) Any bank or trust company incorporated under the laws of the State that acts as a depository of the proceeds of the bonds may furnish indemnifying bonds or pledge securities as required by the board.

(t) The resolution providing for the issuance of bonds is a trust agreement if it so stipulates.

(u) All expenses incurred in carrying out the provisions of any trust agreement or any resolution may be treated as a part of the cost of the operations of the board.

(v) Upon the issuance of bonds, the State Comptroller shall withhold from any installment due the board from the general State school fund money for deposit to the credit of a sinking fund maintained to pay the principal and interest on the bonds. Such money shall be withheld until the bonds are no longer outstanding and unpaid and shall be withheld in installments. The amount of each installment shall be determined at the time the bonds are issued and shall be provided in writing by the board to the State Comptroller, provided that the frequency and amount of such installments shall allow for the timely payment of the principal and interest on the bonds.
Md. Code, Housing and Community Development § 4-801 — MD Code / Article ghs / Title 4 / Subtitle 8 / Section 4-801
§4–801.
Status: in_force

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

(b) (1) “Adjusted annual income” means gross income from all sources with adjustments, as determined by the Department, made for unusual or temporary income items and long-term unusual expenses such as medical, rehabilitation, or special education expenses.

(2) “Adjusted annual income” includes:

(i) wages;

(ii) investment income;

(iii) Social Security payments;

(iv) retirement payments;

(v) disability payments; and

(vi) unemployment insurance payments.

(c) “Fund” means the Homeownership Programs Fund under Subtitle 5 of this title.

(d) “Household of limited income” means one or more individuals whose aggregate adjusted annual income does not exceed the upper income limits that the Secretary sets under § 4-807 of this subtitle.

(e) “Lot consolidation” means the acquisition of real property adjacent to and in connection with a residence financed by the Program to include the real property as part of the residence.

(f) “Median annual family income” means the median annual family income for the State, county, or area, whichever is greatest, as shown in the latest Census Bureau Report of the United States Department of Commerce.

(g) “Preferred interest rate” means an interest rate that the Department sets under § 4-806(c) of this subtitle.

(h) “Program” means the Maryland Home Financing Program.

(i) “Region” means an area of the State that the Department establishes comprising one or more counties.

(j) “Short-term loan” means a loan that, under the loan documents, is expected to be taken out by other financing within 7 years.
Md. Code, Business Occupations and Professions § 4-306 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-306
§4–306.
Status: in_force

(a) Subject to the provisions of this section, the Board may waive any examination requirement of this subtitle for:

(1) an applicant for a master barber or a barber license who is licensed to practice barbering in another state; or

(2) an applicant for a barber–stylist limited license who is licensed to provide barber–stylist services in another state.

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

(1) the applicant pays the application fee set by the Board under § 4–206 of this title and any applicable examination fee required under § 4–303 of this subtitle for any examination requirement that is not waived by the Board;

(2) the applicant provides adequate evidence that the applicant:

(i) meets the qualifications otherwise required by this subtitle; and

(ii) became licensed in the other state after passing, in that or any other state, an examination that is similar to the examination for which the applicant is seeking the waiver;

(3) the applicant practiced barbering in the other state as a master barber or barber or provided barber–stylist services in the other state as a barber–stylist during the 2 years immediately before applying in this State;

(4) the applicant provides:

(i) a notarized statement from a previous employer certifying that the applicant has the experience required under item (3) of this subsection; or

(ii) if the applicant was self–employed, other proof that is acceptable to the Board;

(5) the applicant submits a letter from the licensing board of the other state certifying that the applicant is in good standing with the board of the other state; and

(6) the applicant certifies in writing that the applicant has read, understands, and will comply with the provisions of this title and the regulations of the Board.
Md. Code, Education § 4-107 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-107
§4–107.
Status: in_force

(a) Each county board shall hold an annual meeting on or as near as possible to the second Tuesday in July, except that:

(1) In Allegany County, the annual meeting shall be held on the second Tuesday in January;

(2) In Anne Arundel County, the annual meeting shall be held on or as near as possible to the first Wednesday in December;

(3) In Montgomery County, the annual meeting shall be held on or before January 10;

(4) In Prince George’s County, the annual meeting shall be held on the first Monday in December;

(5) In St. Mary’s County, the annual meeting shall be held following the first Monday in December; and

(6) In Washington County, the annual meeting shall be held in December, on or before the 16th day.

(b) A county board may hold any other meetings that its duties and business require.

(c) Except as provided in Title 3 of this article, each county board, at its annual meeting, shall elect a president and a vice president from among its members by means of an individually recorded vote.

(d) (1) All final actions of a county board shall be taken at a public meeting. The minutes of the meeting shall be available to the public.

(2) A county board may meet and deliberate in executive session if the matter under consideration is:

(i) Land and site acquisitions; or

(ii) Personnel and labor relations.

(e) (1) Except as otherwise provided in this article, a member of a county board may not receive compensation.

(2) Each member shall be reimbursed for traveling and other expenses incurred in the performance of his duties.

(3) Each member of the county board of the counties specified in this paragraph shall receive the enumerated amounts annually for traveling and other expenses.

(i) Calvert County:

1. Member $2,000; and

2. President $2,200.

(ii) Caroline County:

1. Member $3,000; and

2. President $3,500.

(iii) Cecil County:

1. Member $1,400; and

2. Chairman $1,600.

(iv) Charles County:

1. Member $600;

2. Vice chairman $600; and

3. Chairman $800 and $1,500

for calendar year 1999 and each year thereafter.

(v) Dorchester County:

1. Member $3,000; and

2. Chairman $3,200.

(vi) Frederick County:

1. Member $1,000; and

2. President $1,500.

(vii) Queen Anne’s County:

1. Member $3,000; and

2. Chairman $3,200.

(viii) Talbot County:

1. Member $1,200;

2. Chairman $1,500;

3. Travel $300; and

4. Other expenses for each meeting, other than the annual meeting attended on behalf of the county $25.

(4) Each member of the Charles County Board shall receive the following amounts annually as compensation:

(i) Member:

1. $3,090 for the calendar year 1995; and

2. $3,185 for the calendar years 1996, 1997, and 1998;

(ii) Vice chairman:

1. $3,400 for the calendar year 1995; and

2. $3,500 for the calendar years 1996, 1997, and 1998; and

(iii) Chairman:

1. $3,710 for the calendar year 1995; and

2. $3,820 for calendar years 1996, 1997, and 1998.

(5) (i) Each member of the St. Mary’s County Board shall receive the following amounts annually as compensation:

1. Member $10,000

with a 1.5% annual increase; and

2. Chairman $11,000

with a 1.5% annual increase.

(ii) In addition, each member and the chairman of the St. Mary’s County Board shall receive annually $150 for each year of service.

(6) Each member of the Worcester County Board shall receive an amount annually for traveling and other expenses as determined by the County Commissioners, but in the amount of at least:

(i) Member $2,000; and

(ii) Chairman $2,400.
Md. Code, Correctional Services § 4-207 — MD Code / Article gcs / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: in_force

(a) There is a Citizens Advisory Board.

(b) Based on recommendations of the Secretary, the Governor shall appoint the members of the Citizens Advisory Board.

(c) The Citizens Advisory Board shall advise the Director and the Secretary with respect to the operation and programs of the Institution.
Md. Code, Environment § 4-103 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-103
§4–103.
Status: in_force

(a) (1) A county or municipality may issue grading and building permits as provided by law.

(2) A grading or building permit may not be issued until the developer:

(i) Submits a grading and sediment control plan approved by:

1. The appropriate soil conservation district;

2. A municipal corporation in Montgomery County that is designated under paragraph (4) of this subsection; or

3. The Department, if the property that is the subject of the grading or building permit is, or is included in, a large redevelopment site; and

(ii) Certifies that all land clearing, construction, and development will be done under the plan.

(3) (i) Except for large redevelopment sites, criteria for sediment control and the procedure for referring an applicant to the appropriate soil conservation district shall be acceptable to the soil conservation district and the Department of the Environment.

(ii) For large redevelopment sites, criteria for sediment control shall be determined by the Department and shall be as protective of the environment as the criteria required under subparagraph (i) of this paragraph.

(4) A soil conservation district may delegate approval authority of a grading and sediment control plan to a municipal corporation in Montgomery County that:

(i) Has its own sediment control review provisions that are at least as stringent as the provisions of the grading and sediment control plan of the soil conservation district;

(ii) Issues sediment control permits; and

(iii) Meets the necessary performance standards established by written agreement between the district and the municipal corporation.

(b) Each county or municipality shall adopt grading and building ordinances necessary to carry out the provisions of this subtitle, with the assistance of the Department of the Environment and the appropriate soil conservation district.

(c) Each soil conservation district may recommend a fee system to cover the cost of reviewing the grading and sediment control plans. Subject to § 8-311 of the Agriculture Article, any recommended fee shall take effect upon enactment by the local governing body. Any fees collected pursuant to this fee system shall be supplementary to county and State funds and may not (1) be used to reduce county or State funds, and (2) exceed the cost of reviewing the plans.

(d) Each soil conservation district shall require an applicant for grading and sediment control plan approval to submit a sufficient number of copies of the plan to enable the district to forward copies of the plan to appropriate State and local agencies. Where enforcement authority has been retained by the Department of the Environment, each district shall forward 1 copy of each approved plan to the Department of the Environment immediately upon approval.

(e) (1) Notwithstanding any other provision of State law or local ordinance, it shall be the sole responsibility of the Department to enforce compliance with the provisions of this subtitle and of any approved plan, except in those counties and municipalities to which enforcement authority has been delegated in accordance with paragraph (2) of this subsection.

(2) (i) 1. The Secretary of the Environment shall delegate enforcement authority under this subtitle to any county or municipality which is found capable of enforcing compliance with the provisions of this subtitle, or is found to have enforcement capability within that jurisdiction which is comparable to that of the Department in terms of laws and procedures, manpower, equipment, and overall effectiveness.

2. The Secretary may delegate a specific portion of the enforcement authority under this subtitle to a county or municipality.

3. The Secretary may not deny a requested delegation unless opportunity has been afforded to the appropriate officials of the affected local jurisdiction to present arguments before the Secretary.

(ii) A delegation pursuant to this paragraph shall be effective for not more than 2 years, unless renewed by the Secretary.

(iii) Every such delegation shall be subject to suspension by the Secretary, after opportunity is afforded for a hearing, upon a finding that the county or municipal program has fallen below the standard of comparable effectiveness. During a period of suspension, the Department shall enforce compliance in the affected jurisdiction.

(iv) Any county or municipality requesting either delegation of enforcement authority or renewal of delegation under this subtitle shall submit the request to the Secretary on or before October 1 immediately preceding the fiscal year for which delegation or renewal of delegation is sought.

(v) On or before January 1 of the year during which delegation is sought by a county or municipality, the Secretary shall:

1. Grant the request;

2. Deny the request; or

3. Delegate a specific portion of the enforcement authority under this subtitle.

(f) (1) Subject to paragraph (2) of this subsection, the Secretary, by contractual agreement, may authorize a soil conservation district to inspect sites for compliance with approved sediment control plans.

(2) The Secretary may not authorize a soil conservation district to inspect sites over which a county or municipality has been delegated enforcement authority under subsection (e) of this section.

(3) (i) A district authorized to perform inspections under this subsection may establish a fee system providing for the assessment and collection of inspection fees on all sites in the district with approved plans.

(ii) The fees shall be based on the reasonably anticipated cost of inspections to be performed under the contractual agreement.

(iii) The district shall not assess and collect fees in a jurisdiction which has been delegated enforcement authority by the Secretary.
Md. Code, Public Utilities § 4-206.1 — MD Code / Article gpu / Title 4 / Subtitle 2 / Section 4-206.1
§4–206.
Status: in_force

§4–206.1.

(a) This section applies only to a public service company that is an investor–owned gas company or investor–owned electric company.

(b) In a base rate proceeding to set just and reasonable rates under this title, each public service company shall demonstrate to the Commission the reasonableness of the use of internal labor in comparison to contractual labor.

(c) To demonstrate reasonableness of the use of labor as required under subsection (b) of this section, a public service company shall provide to the Commission, at a minimum:

(1) a comparison of the costs of internal labor and contractual labor;

(2) a demonstration of the reasonableness of the decision to use contractual labor;

(3) a justification for the use of contractual labor when used instead of internal labor, including a cost–based rationale; and

(4) any other information that the Commission requires.
Md. Code, Natural Resources § 4-804 — MD Code / Article gnr / Title 4 / Subtitle 8 / Section 4-804
§4–804.
Status: in_force

Any person who owns or is in charge of operating a vessel utilized to catch crabs in the waters of the State for commercial purposes shall obtain a license.
Md. Code, General Provisions § 4-362 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-362
§4–362.
Status: in_force

(a) (1) Subject to paragraph (3) of this subsection, whenever a person or governmental unit is denied inspection of a public record or is not provided with a copy, printout, or photograph of a public record as requested, the person or governmental unit may file a complaint with the circuit court.

(2) Except as otherwise provided in Subtitle 1A of this title and subject to paragraph (3) of this subsection, an applicant, a complainant, or a custodian may appeal to the circuit court a decision issued by the State Public Information Act Compliance Board as provided under § 4–1A–10 of this title.

(3) A complaint or an appeal under this subsection shall be filed with the circuit court for the county where:

(i) for appeals of decisions by the Board issued in accordance with the Board’s authority under § 4–1A–04(b) of this title, the applicant resides or has a principal place of business;

(ii) the complainant resides or has a principal place of business; or

(iii) the public record is located.

(b) (1) Unless, for good cause shown, the court otherwise directs, and notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to the complaint within 30 days after service of the complaint.

(2) The defendant:

(i) has the burden of sustaining a decision to:

1. deny inspection of a public record; or

2. deny the person or governmental unit a copy, printout, or photograph of a public record; and

(ii) in support of the decision, may submit a memorandum to the court.

(c) (1) Except for cases that the court considers of greater importance, a proceeding under this section, including an appeal, shall:

(i) take precedence on the docket;

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

(iii) be expedited in every way.

(2) The court may examine the public record in camera to determine whether any part of the public record may be withheld under this title.

(3) The court may:

(i) enjoin the State, a political subdivision, or a unit, an official, or an employee of the State or of a political subdivision from:

1. withholding the public record; or

2. withholding a copy, printout, or photograph of the public record;

(ii) issue an order for the production of the public record or a copy, printout, or photograph of the public record that was withheld from the complainant; and

(iii) for noncompliance with the order, punish the responsible employee for contempt.

(d) (1) A defendant governmental unit is liable to the complainant for statutory damages and actual damages that the court considers appropriate if the court finds that any defendant knowingly and willfully failed to:

(i) disclose or fully to disclose a public record that the complainant was entitled to inspect under this title; or

(ii) provide a copy, printout, or photograph of a public record that the complainant requested under § 4–205 of this title.

(2) An official custodian is liable for actual damages that the court considers appropriate if the court finds that, after temporarily denying inspection of a public record, the official custodian failed to petition a court for an order to continue the denial.

(3) Statutory damages imposed by the court under paragraph (1) of this subsection may not exceed $1,000.

(e) (1) Whenever the court orders the production of a public record or a copy, printout, or photograph of a public record that was withheld from the applicant and, in addition, finds that the custodian acted arbitrarily or capriciously in withholding the public record or the copy, printout, or photograph of the public record, the court shall send a certified copy of its finding to the appointing authority of the custodian.

(2) On receipt of the statement of the court and after an appropriate investigation, the appointing authority shall take the disciplinary action that the circumstances warrant.

(f) If the court determines that the complainant has substantially prevailed, the court may assess against a defendant governmental unit reasonable counsel fees and other litigation costs that the complainant reasonably incurred.

(g) Notwithstanding § 12–302(a) of the Courts Article, a party who is aggrieved by a final judgment of a circuit court in a judicial review proceeding under subsection (a)(2) of this section may appeal to the Appellate Court of Maryland in the manner that law provides for appeal of civil cases.
Md. Code, Human Services § 4-305 — MD Code / Article ghu / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

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

(2) “Credential” means a recognized:

(i) educational diploma;

(ii) certificate or degree;

(iii) occupational license;

(iv) apprenticeship certificate;

(v) industry–recognized certification; or

(vi) award for skills attainment and completion, issued by an approved training provider in the State or third–party credential provider.

(3) “Foster care recipient” has the meaning stated in § 15–106.1 of the Education Article.

(4) (i) “Job readiness training” means training for the purpose of assisting and supporting jobseekers in overcoming individual barriers to employment and developing the skills necessary to maintain employment and to qualify for skills training opportunities.

(ii) “Job readiness training” includes:

1. occupational skills development;

2. GED preparation;

3. literacy advancement;

4. financial stability services, including financial coaching;

5. credit counseling; and

6. assistance in meeting training–related transportation and child care needs.

(5) “Program” means the Fostering Employment Program established under this section.

(6) “Registered apprenticeship program” means a formal training program approved and registered by the Maryland Department of Labor, or by the United States Department of Labor’s Office of Apprenticeship.

(7) “Training provider” means an entity that:

(i) provides training and employment services to individuals described in § 11–504(b) of the Labor and Employment Article; or

(ii) is awarded a strategic industry partnership grant under § 11–703 of the Labor and Employment Article.

(8) “Unaccompanied homeless youth” means a child or youth who:

(i) has had a consistent presence in the State for at least 1 year before enrollment in a job readiness training program or registered apprenticeship program that is documented by school, employment, or other records;

(ii) is not in the physical custody of a parent or guardian;

(iii) is a homeless child or youth, as defined by the McKinney–Vento Homeless Assistance Act; and

(iv) was determined to be a homeless child or youth by:

1. a Maryland local school system homeless liaison, as defined by the McKinney–Vento Homeless Assistance Act;

2. a director or a designee of the director of a Maryland–based program funded under the Runaway and Homeless Youth Act; or

3. a director or a designee of the director of a Maryland–based program funded under Title IV, Subtitle B of the McKinney–Vento Homeless Assistance Act.

(9) “Workforce development area” means a geographic area designated by the Governor in accordance with § 106 of the federal Workforce Innovation and Opportunity Act.

(b) There is a Fostering Employment Program.

(c) The Department and the Maryland Department of Labor shall jointly supervise the Program.

(d) The purpose of the Program is to provide employment opportunities for foster care recipients and unaccompanied homeless youth through training that leads to industry–recognized credentials.

(e) The Department, in coordination with the Maryland Department of Labor, shall:

(1) develop and implement the Program; and

(2) coordinate with:

(i) the local departments of social services; and

(ii) the local workforce development boards in the State workforce development areas.

(f) The Program shall provide foster care recipients and unaccompanied homeless youth with opportunities to obtain credentials through:

(1) a registered apprenticeship program; or

(2) job readiness training.

(g) A foster care recipient or an unaccompanied homeless youth who is not exempt from paying tuition under § 15–106.1 of the Education Article is eligible to receive funding under the Program if the individual is:

(1) at least 16 years of age; and

(2) enrolled in:

(i) a registered apprenticeship program; or

(ii) job readiness training through a training provider funded by the Maryland Department of Labor.

(h) The Department and the Maryland Department of Labor jointly may adopt regulations to carry out this section.
Md. Code, Insurance § 4-310 — MD Code / Article gin / Title 4 / Subtitle 3 / Section 4-310
§4–310.
Status: in_force

(a) All RBC reports and RBC plans related to any domestic insurer or foreign insurer that are filed with the Commissioner:

(1) constitute confidential commercial information that might be damaging to the insurer if made available to the insurer’s competitors;

(2) shall be kept confidential by the Commissioner; and

(3) may not be made public or be subject to subpoena, other than by the Commissioner and then only for the purpose of enforcement actions taken by the Commissioner under this subtitle or any other provision of this article.

(b) The provisions of this section apply to:

(1) RBC reports, to the extent the information in the RBC report is not required to be set forth in a publicly available annual statement schedule; and

(2) RBC plans, including the results or report of any examination or analysis of an insurer performed in connection with any RBC plan and any corrective order issued by the Commissioner pursuant to the examination or analysis.

(c) It is the public policy of the State that the comparison of an insurer’s total adjusted capital to any of its RBC levels:

(1) is a regulatory tool that may indicate the need for possible corrective action with respect to the insurer; and

(2) is not intended as a means to rank insurers generally.

(d) It is the public policy of the State that the RBC instructions, RBC reports, adjusted RBC reports, RBC plans, and revised RBC plans:

(1) are intended solely for use by the Commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers; and

(2) may not be used by the Commissioner for rate making or considered or introduced as evidence in any rate proceeding or used by the Commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance that an insurer or any affiliate is authorized to write.
Md. Code, Local Government § 4-211 — MD Code / Article glg / Title 4 / Subtitle 2 / Section 4-211
§4–211.
Status: in_force

(a) Casting a vote against the proposed incorporation does not prevent the voter from voting for a candidate for a municipal office.

(b) The county board of elections shall:

(1) tally the votes cast for candidates to a municipal office; and

(2) certify the results to the county commissioners or county council.

(c) If less than a majority of those who voted on the question voted in favor of incorporation under the proposed municipal charter, the votes cast for candidates for a municipal office are void.
Md. Code, Education § 4-120 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-120
§4–120.
Status: in_force

(a) If a county board considers it practicable, it shall consolidate schools.

(b) Each county board shall arrange for the transportation of students to and from consolidated schools.
Md. Code, Public Utilities § 4-306 — MD Code / Article gpu / Title 4 / Subtitle 3 / Section 4-306
§4–306.
Status: in_force

(a) This section applies to any municipal corporation in Talbot County that supplies water to an area outside the boundaries of the municipal corporation.

(b) On written application, the Commission may grant the applicant a certificate of authority to establish a service area outside of its boundaries and to supply that service area with water.
Md. Code, Insurance § 4-106 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-106
§4–106.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, to qualify for a certificate of authority, an insurer shall deposit and maintain in trust with the Treasurer, for the protection of the insurer’s policyholders and creditors, an amount not less than $100,000 in:

(1) cash; or

(2) government securities eligible for the investment of capital funds of domestic insurers as specified in § 5-701(b) of this article.

(b) For a foreign insurer, instead of all or part of the deposit required by subsection (a) of this section, the Commissioner shall accept the current certificate of the insurance supervisory official of another state showing that a like deposit by the foreign insurer is being maintained:

(1) in public custody or in a depository approved by the official; and

(2) in trust for protection of the policyholders and creditors of the foreign insurer in the United States.

(c) For an alien insurer, instead of all or part of the deposit required by subsection (a) of this section, the Commissioner shall accept evidence satisfactory to the Commissioner that the alien insurer maintains in the United States assets available for discharge of its insurance obligations in the United States:

(1) in public depositories, or in trust institutions in the United States approved by the Commissioner; and

(2) in an amount not less than the outstanding liabilities of the insurer arising out of its insurance business in the United States, plus an amount equal to the deposit required under this section for other insurers requesting authority to engage in like kinds of insurance business.
Md. Code, Local Government § 4-303 — MD Code / Article glg / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: reserved

(a) In conformity with the requirement imposed on the General Assembly under Article III, § 29 of the Maryland Constitution:

(1) a resolution or petition to amend a municipal charter shall contain the exact text of the proposed charter amendment, prepared so that each provision is shown as the provision would read when amended or enacted;

(2) except as provided in subsection (e)(2) of this section, a provision of a municipal charter may not be amended by reference to its title or citation only; and

(3) a municipal charter amendment shall:

(i) embrace one subject only; and

(ii) describe the subject in its title.

(b) A proposed amendment shall identify the provision to be amended by citing the code or other publication or amendment in which the most recent text of the provision appears.

(c) Proposed amendments shall be in a consecutively numbered series.

(d) A proposed amendment shall provide specifically for the repeal of a provision of the municipal charter that is inconsistent with the amended provision.

(e) (1) In a proposal to amend a municipal charter:

(i) each addition shall be underscored, italicized, or shown in capital letters;

(ii) subject to paragraph (2) of this subsection, each provision to be repealed shall be enclosed in double parentheses or boldface brackets; and

(iii) each new section shall be underscored, italicized, or shown in capital letters or contain some marginal or other notation to that effect.

(2) Each entire section to be repealed need not be written out in full and enclosed in double parentheses or boldface brackets.
Md. Code, Labor and Employment § 4-210 — MD Code / Article gle / Title 4 / Subtitle 2 / Section 4-210
§4–210.
Status: in_force

(a) The Mediation Service shall conduct each consent election by secret ballot.

(b) (1) If at least two labor organizations are to be on the ballot for a consent election, a labor organization promptly may ask the Mediation Service to allow its name to be removed from the ballot.

(2) A decision of the Mediation Service under this subsection is final.

(c) Subject to any limitation that the Mediation Service sets, each party to a consent election may designate one or more observers to represent the party during the consent election.

(d) (1) For good cause, a party to a consent election or the Mediation Service may challenge the eligibility of an individual to vote in the consent election.

(2) The Mediation Service shall impound each challenged ballot.
Md. Code, General Provisions § 4-343 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-343
§4–343.
Status: in_force

Unless otherwise provided by law, if a custodian believes that inspection of a part of a public record by the applicant would be contrary to the public interest, the custodian may deny inspection by the applicant of that part of the record, as provided in this part.
Md. Code, General Provisions § 4-503 — MD Code / Article ggp / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: in_force

(a) Each governmental unit that maintains public records shall:

(1) identify a representative who a member of the public should contact to request a public record from the governmental unit;

(2) maintain contact information for the governmental unit’s representative that includes:

(i) the representative’s name;

(ii) the representative’s business address;

(iii) the representative’s business phone number;

(iv) the representative’s business electronic mail address; and

(v) the Internet address of the governmental unit;

(3) (i) post the contact information maintained under item (2) of this subsection in a user–friendly format on the website of the governmental unit; or

(ii) if the governmental unit does not have a website, keep the contact information maintained under item (2) of this subsection at a place easily accessible by the public;

(4) annually update the contact information maintained under item (2) of this subsection; and

(5) annually submit the contact information maintained under item (2) of this subsection to the Office of the Attorney General.

(b) The Office of the Attorney General shall:

(1) post the contact information submitted under subsection (a)(5) of this section in a user–friendly format on the website of the Office of the Attorney General; and

(2) include the contact information submitted under subsection (a)(5) of this section in any Public Information Act manual published by the Office of the Attorney General.
Md. Code, Land Use § 4-202 — MD Code / Article glu / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) The legislative body shall adopt zoning regulations:

(1) in accordance with the plan;

(2) with reasonable consideration for, among other things, the character of the district or zone and its suitability for particular uses; and

(3) with a view to conserving the value of property and encouraging orderly development and the most appropriate use of land.

(b) The zoning regulations shall be designed to:

(1) control street congestion;

(2) promote health, public safety, and general welfare;

(3) provide adequate light and air;

(4) promote the conservation of natural resources;

(5) prevent environmental pollution;

(6) properly manage growth and development; and

(7) promote or facilitate adequate transportation, water, sewerage, schools, recreation, parks, and other public facilities.
Md. Code, General Provisions § 4-1A-01 — MD Code / Article ggp / Title 4 / Subtitle 1A / Section 4-1A-01
§4–1A–01.
Status: in_force

There is a State Public Information Act Compliance Board.
Md. Code, Environment § 4-502 — MD Code / Article gen / Title 4 / Subtitle 5 / Section 4-502
§4–502.
Status: in_force

The Attorney General shall take charge of, prosecute, and defend on behalf of the State every case arising under the provisions of this title and regulations adopted thereunder.
Md. Code, Financial Institutions § 4-402 — MD Code / Article gfi / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

(a) The bylaws of a savings bank shall provide for annual meetings of the members to:

(1) Elect directors;

(2) Elect members, unless the charter of the savings bank provides for a different method of electing members; and

(3) Transact other business.

(b) The bylaws of a subsidiary savings bank shall provide for annual meetings of the stockholders to:

(1) Elect directors; and

(2) Transact other business.
Md. Code, Economic Development § 4-801 — MD Code / Article gec / Title 4 / Subtitle 8 / Section 4-801
§4–801.
Status: in_force

(a) In this section, “Fund” means the Special Fund for Preservation of Cultural Arts in Maryland.

(b) There is a Special Fund for Preservation of Cultural Arts in Maryland.

(c) The purpose of the Fund is to provide supplemental grants to cultural arts organizations in the State that qualify for general operating support grants from the Maryland State Arts Council.

(d) The Secretary of Commerce shall administer the Fund.

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

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

(f) The Fund consists of:

(1) revenue distributed to the Fund under § 2–202(a)(1)(ii) of the Tax – General Article; and

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

(g) The Fund shall be used to provide supplemental grants for operating and programmatic improvements that strengthen the organizational capacity and financial stability of cultural arts organizations in the State that qualify for general operating support grants from the Maryland State Arts Council.

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

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

(i) For each appropriation to the Fund, the Governor may:

(1) include the funds in the State budget subject to appropriation by the General Assembly; or

(2) transfer the funds by budget amendment from the Fund to the expenditure account of the Maryland State Arts Council.

(j) Supplemental grants made from the Fund are supplemental to and may not take the place of funding that otherwise would be appropriated for qualifying organizations.
Md. Code, Environment § 4-802 — MD Code / Article gen / Title 4 / Subtitle 8 / Section 4-802
§4–802.
Status: in_force

(a) (1) On or before January 1 each year, each jurisdiction that has delegated authority under Subtitle 1 of this title to enforce sediment and erosion control laws and regulations shall report to the Department on:

(i) The total number of cases alleging violations of:

1. Sediment and erosion control laws and regulations; and

2. Building and grading permits; and

(ii) The total number of cases alleging violations in the Critical Area of:

1. Sediment and erosion control laws and regulations; and

2. Building and grading permits.

(2) The information reported to the Department under paragraph (1) of this subsection shall include:

(i) The number and nature of:

1. Formal complaints issued by the jurisdiction and whether the complaint is in the Critical Area;

2. Stop work orders issued by the jurisdiction; and

3. Alleged violations reported by citizens to the jurisdiction;

(ii) The number of court proceedings involving an alleged violation, including the final disposition of each court proceeding;

(iii) The dollar amount of fines levied and collected by the jurisdiction as a result of a violation;

(iv) The dollar amount of civil and criminal penalties imposed and collected as a result of a violation;

(v) 1. Whether the jurisdiction provided compliance assistance to correct a violation and the nature of that assistance; and

2. Whether the compliance assistance provided by the jurisdiction led to compliance; and

(vi) The number of inspectors and other staff of the jurisdiction assigned to inspection and enforcement of:

1. Title 8, Subtitle 18 of the Natural Resources Article;

2. Sensitive areas ordinances;

3. 100–year floodplain ordinances;

4. Sediment and erosion control laws and regulations; and

5. Building and grading permits.

(b) On request of a jurisdiction that has delegated authority under Subtitle 1 of this title to enforce sediment and erosion control laws and regulations, the Department shall provide technical assistance to the jurisdiction to meet the reporting requirements under subsection (a) of this section.

(c) The Department shall post the information collected under subsection (a) of this section on its website.

(d) On or before March 1 each year, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

(1) The information collected under subsection (a) of this section; and

(2) Any other information provided to the Department by a jurisdiction that has been delegated authority under Subtitle 1 of this title to enforce sediment and erosion control laws and regulations.
Md. Code, Business Occupations and Professions § 4-310 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-310
§4–310.
Status: in_force

(a) The initial term of a license is 2 years.

(b) A license expires on the date set by the Board unless the license is renewed for an additional term as provided in this section.

(c) (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current license expires; and

2. the amount of the renewal fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(d) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

(1) otherwise is entitled to be licensed;

(2) pays to the Board a renewal fee established by the Board in accordance with § 4–206 of this title; and

(3) submits to the Board a renewal application on the form that the Board provides.

(e) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
Md. Code, General Provisions § 4-1B-01 — MD Code / Article ggp / Title 4 / Subtitle 1B / Section 4-1B-01
§4–1B–01.
Status: in_force

In this subtitle, “Ombudsman” means the Public Access Ombudsman.
Md. Code, Housing and Community Development § 4-809 — MD Code / Article ghs / Title 4 / Subtitle 8 / Section 4-809
§4–809.
Status: in_force

To apply for a loan under this subtitle, an applicant shall submit:

(1) a completed application in a form that the Department requires;

(2) a copy of the applicant’s latest State income tax return or other available verification of income, unless the application is for a loan under § 4-804(1)(i) or (2) of this subtitle; and

(3) any other information or documentation that the Department considers necessary to make a determination on the loan.
Md. Code, Land Use § 4-204 — MD Code / Article glu / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: reserved

(a) Zoning regulations and boundaries may be amended or repealed.

(b) (1) If the purpose and effect of a proposed map amendment is to change a zoning classification, the legislative body shall make findings of fact that address:

(i) population change;

(ii) the availability of public facilities;

(iii) present and future transportation patterns;

(iv) compatibility with existing and proposed development for the area;

(v) the recommendation of the planning commission; and

(vi) the relationship of the proposed amendment to the local jurisdiction’s plan.

(2) The legislative body may grant the amendment to change the zoning classification based on a finding that there was:

(i) a substantial change in the character of the neighborhood where the property is located; or

(ii) a mistake in the existing zoning classification.

(3) The legislative body shall keep a complete record of a hearing on an application for reclassification and the votes of the members of the legislative body.

(4) A legislative body may not allow the filing of an application for a reclassification of all or part of any land for which a reclassification has been denied by the legislative body on the merits in the 12 months before the date of the application.

(5) The provisions of § 4–203(b) of this subtitle concerning public hearings and notice apply to applications for reclassification.
Md. Code, Alcoholic Beverages and Cannabis § 4-403 — MD Code / Article gab / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

To renew a license other than a temporary license, the license holder annually shall file a written application, under oath, with the local licensing board.
Md. Code, Public Safety § 4-907 — MD Code / Article gps / Title 4 / Subtitle 9 / Section 4-907
§4–907.
Status: in_force

(a) The Executive Director shall, in consultation with the Council:

(1) order an ongoing evaluation of the efficacy of each evidence–based health program or evidence–informed health program that receives funding under this subtitle; and

(2) retain a sufficient number of independent, third–party evaluators to maintain compliance with this section.

(b) Evaluations required under this section shall be:

(1) grouped by similar program models, as determined by the Council;

(2) conducted by independent, third–party evaluators; and

(3) ongoing for the 3–year grant period.

(c) An evaluation of an evidence–based health program or evidence–informed health program that receives funding under this subtitle may be conducted only by an evaluator with specialized expertise in the specific model that the evaluator is assigned to evaluate.

(d) The results of an evaluation ordered under subsection (a) of this section shall be posted to the Governor’s Office of Crime Prevention and Policy’s website.
Md. Code, Environment § 4-212 — MD Code / Article gen / Title 4 / Subtitle 2 / Section 4-212
§4–212.
Status: in_force

(a) (1) Unless the person served with an order under § 4-209(a)(1) of this subtitle makes a request for a hearing in accordance with § 4-211(b) of this subtitle, the order is a final order.

(2) If the person served with an order under § 4-209(a)(1) of this subtitle makes a request for a hearing in accordance with § 4-211(b) of this subtitle, the order becomes a final corrective order in accordance with the Department’s decision following the hearing.

(b) (1) If the Department issues a notice under § 4-209(a)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:

(i) The conclusion of the hearing, if any; and

(ii) The review of the report, if any.

(2) After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.

(3) Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order.

(c) The Department shall:

(1) Take action to secure compliance with any final corrective order; and

(2) If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.

(d) This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitation or schedules in the order.
Md. Code, Housing and Community Development § 4-212 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-212
§4–212.
Status: in_force

(a) In establishing the upper income limits for a family of limited income, the Secretary shall consider factors including:

(1) the income of the family available for housing;

(2) the size of the family;

(3) the cost and condition of available housing;

(4) the ability of the family to compete in the private housing market; and

(5) standards and definitions established for federal housing programs.

(b) The limits established under subsection (a) of this section may vary for different:

(1) types of housing;

(2) programs of the Administration; and

(3) areas of the State.

(c) A limit established under subsection (a) of this section may be supplemented for a particular project.
Md. Code, Estates and Trusts § 4-504 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-504
§4–504.
Status: in_force

(a) Subject to § 4–506 of this subtitle, a donor or any other person authorized to make an anatomical gift under § 4–503 of this subtitle may amend or revoke an anatomical gift by:

(1) A record signed by:

(i) The donor;

(ii) The other person; or

(iii) Subject to subsection (b) of this section, if the donor or other person is physically unable to sign, another individual acting at the direction of the donor or the other person; or

(2) A later–executed document of gift that expressly or by inconsistency amends or revokes the previous anatomical gift or portion of the anatomical gift.

(b) A record signed in accordance with subsection (a)(1)(iii) of this section shall:

(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) State that the record has been signed and witnessed as provided in item (1) of this subsection.

(c) Subject to § 4–506 of this subtitle, a donor or any other person authorized to make an anatomical gift under § 4–503 of this subtitle may revoke the anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

(d) During a terminal illness of a donor, or while a donor is injured, the donor may amend or revoke an anatomical gift that was not made by will by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness.

(e) A donor who makes an anatomical gift by will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.

(f) (1) An anatomical gift made by a donor designation on a driver’s license or an identification card may be revoked by giving written notice to the Motor Vehicle Administration in accordance with § 12–303 of the Transportation Article.

(2) A donor may make a gift by authorizing that a statement or symbol indicating that the donor has made a gift be included on a donor registry.
Md. Code, Education § 4-111.3 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-111.3
§4–111.
Status: in_force

§4–111.3.

(a) Beginning in the 2018–2019 school year, each county board is encouraged to implement an agriculture science curriculum specified in subsection (b) of this section in:

(1) At least one public high school in the county; or

(2) At least one career and technology education center in the county.

(b) The agriculture science curriculum implemented under subsection (a) of this section shall be:

(1) Selected from existing curricula that have been developed by the Department; or

(2) Developed by a county board and approved by the Department.
Md. Code, State Finance and Procurement § 4-506 — MD Code / Article gsf / Title 4 / Subtitle 5 / Section 4-506
§4–506.
Status: in_force

(a) The Department shall distribute periodically a list of excess personal property to each unit of the State or a local government.

(b) The Department shall adopt regulations to implement this subtitle. Any regulation adopted under this subtitle is subject to approval by the Board of Public Works.

(c) The Department may use excess personal property to satisfy a purchase requisition if the excess personal property:

(1) is functional;

(2) is serviceable; and

(3) satisfies the need of the requisitioning unit.
Md. Code, Housing and Community Development § 4-1206 — MD Code / Article ghs / Title 4 / Subtitle 12 / Section 4-1206
§4–1206.
Status: in_force

A household qualifies as a household of lower income:

(1) for initial occupancy, if the gross annual income of the household does not exceed:

(i) 50% of the statewide median income for a household of like size; or

(ii) a lower income level that the Secretary establishes for a particular partnership project or for a unit of partnership rental housing to be occupied by one or more individuals with disabilities or special needs; and

(2) for continuing occupancy, if the gross annual income for the household does not exceed the greater of:

(i) an income level that the Secretary establishes; and

(ii) an applicable federal requirement.
Md. Code, Housing and Community Development § 4-2917 — MD Code / Article ghs / Title 4 / Subtitle 29 / Section 4-2917
§4–2917.
Status: in_force

If the head of household who was receiving assistance under the State Program dies, a surviving family member may continue to receive the assistance if the household is solely occupied by remaining family members in accordance with this subtitle.
Md. Code, General Provisions § 4-1A-10 — MD Code / Article ggp / Title 4 / Subtitle 1A / Section 4-1A-10
§4–1A–10.
Status: in_force

(a) A person or governmental unit need not exhaust the administrative remedy under this subtitle before filing suit.

(b) (1) Except as otherwise provided in this subtitle, an applicant, a complainant, or a custodian may appeal the decision issued by the Board under this subtitle in accordance with § 4–362 of this title.

(2) An appeal under this subsection automatically stays the decision of the Board pending the circuit court’s decision.
Md. Code, Natural Resources § 4-1017 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1017
§4–1017.
Status: in_force

(a) Unless a license first is obtained from the Department, a person may not (1) have a fixed place of business buying oysters and employing labor to prepare them for market, or (2) buy more than 25 bushels of oysters per year from persons who catch them from the natural oyster bars of the State.

(b) The Department may not issue a license required by this section unless the applicant pays all taxes due for the prior year under § 4-1020 of this subtitle.

(c) A person may possess oysters caught from the natural oyster bars of the State until one week past the close of the season for taking oysters as established in § 4–1008.1 of this subtitle. Oysters may be caught by dredge or handscrape at any time in Worcester County and may be shipped in the shell at any time within or from that county. In counties where oysters may be caught from leased areas at any time pursuant to the provisions of Subtitle 11A of this title, a person may possess oysters at any time.
Md. Code, Natural Resources § 4-1007 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1007
§4–1007.
Status: in_force

(a) The Department may adopt regulations designating oyster and clam buying stations and establishing the procedures for selling oysters and clams.

(b) The Department shall print up and make available to the buyer of oysters or clams the necessary forms required in regulations adopted under this section.
Md. Code, Agriculture § 4-215 — MD Code / Article gag / Title 4 / Subtitle 2 / Section 4-215
§4–215.
Status: in_force

(a) Each person shall maintain records necessary to insure that adulterated or misbranded products are not distributed to consumers, for a period the Secretary prescribes which may not exceed two years unless the Secretary shows good cause, if the person engages in any of the following businesses in or for intrastate commerce:

(1) Slaughter of poultry or processing, freezing, packaging, labeling any poultry carcass, or part or product of it, for use as human or animal food;

(2) Poultry product broker, wholesaler, buyer, seller, or any person who transports or stores in or for intrastate commerce, any poultry carcass, or part or product of it; or

(3) Renderer, buyer, seller, or transporter of any dead, dying, disabled, or diseased poultry, or parts of carcasses of any poultry, that died otherwise than by slaughter.

(b) Upon notification by the Secretary, any person subject to this section shall afford the Secretary access to his place of business at any reasonable time, the opportunity to examine the facilities, inventory, and records, and to copy any record and take any reasonable sample of inventory upon payment of the fair market value.
Md. Code, Housing and Community Development § 4-2305 — MD Code / Article ghs / Title 4 / Subtitle 23 / Section 4-2305
§4–2305.
Status: in_force

A housing navigator shall assist a family or an individual client with securing and maintaining permanent, affordable housing by:

(1) assisting the client with searching for and obtaining permanent, affordable housing;

(2) developing a comprehensive, current list of housing resources and expanding the list of housing resources to include new resources;

(3) establishing a working relationship with the client and advocating for the client with landlords, property managers, realty companies, and other sources of low–income housing;

(4) working with a client’s case manager, when applicable, to coordinate services to the client;

(5) assisting the client, as needed, with issues that contribute to chronic housing problems, such as budgeting and household management; and

(6) performing other duties as assigned by the Department.
Md. Code, Public Safety § 4-1302 — MD Code / Article gps / Title 4 / Subtitle 13 / Section 4-1302
§4–1302.
Status: in_force

(a) There is a Student Peer Mediation Program Fund.

(b) The purpose of the Fund is to provide grant assistance to schools and community–based organizations in Baltimore City to establish student peer mediation programs to reduce juvenile violence.

(c) The Executive Director shall administer the Fund.

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

(2) The State Treasurer shall hold the Fund separately and the Comptroller, in conjunction with the Executive Director, shall account for the Fund.

(e) (1) The Fund consists of:

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

(ii) investment earnings of the Fund; and

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

(2) The Governor annually shall appropriate at least $50,000 for the Fund.

(f) The Fund may be used only to provide grant assistance to schools and community–based organizations in Baltimore City to establish student peer mediation programs to reduce juvenile violence.

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

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

(h) Expenditures from the Fund may be made only in accordance with the State budget.

(i) The accounts and transactions of the Fund shall be subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.
Md. Code, Environment § 4-607 — MD Code / Article gen / Title 4 / Subtitle 6 / Section 4-607
§4–607.
Status: reserved

(a) No fee may be imposed after June 30, 1996 and no loan may be made under the provisions of or for the purposes of this subtitle, or in accordance with regulations adopted under this subtitle, after December 31, 1998.

(b) (1) In fiscal year 1997, the Secretary shall transfer $3 million from the Underground Storage Tank Upgrade and Replacement Fund to the Oil Contaminated Site Environmental Cleanup Fund established under Subtitle 7 of this title.

(2) Except as provided in paragraph (3) of this subsection, in fiscal year 1998, the Secretary shall transfer $3 million from the Underground Storage Tank Upgrade and Replacement Fund to the Oil Contaminated Site Environmental Cleanup Fund established under Subtitle 7 of this title.

(3) If a number of tank owners submit loan processing forms and moneys are not sufficiently available for making the unanticipated loans, the Secretary may only retain an amount of money, up to $3 million, in the Underground Storage Tank Upgrade and Replacement Fund in fiscal year 1998 to cover the liability of the unanticipated loans.

(c) (1) The Secretary may only transfer moneys from the Underground Storage Tank Upgrade and Replacement Fund, first, and then from the Oil Contaminated Site Environmental Cleanup Fund to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund established under Subtitle 4 of this title.

(2) The Secretary may only transfer the money, as provided for in paragraph (1) of this subsection, if:

(i) Money in the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund, reserved for the circumstances set forth in subsection (d)(3) of this section, falls below $250,000 because of oil spill incidents, provided that the reserve balance of the Fund may not exceed $1 million after the transfer; or

(ii) There is a major oil spill and sufficient funds are not available in the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.

(3) The money transferred to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund, as provided for in paragraph (2)(ii) of this subsection, may not exceed the Department’s direct costs to remediate the major oil spill.

(4) If moneys transferred under paragraph (2) of this subsection are recovered, the Department shall return the recovered moneys to the funds in the following order:

(i) To the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund as needed to maintain a reserve balance not to exceed $1 million;

(ii) To the Oil Contaminated Site Environmental Cleanup Fund, in an amount not to exceed the amount transferred to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund under paragraph (2) of this subsection; and

(iii) To the Underground Storage Tank Upgrade and Replacement Fund, any remaining recovered moneys.

(d) (1) On or after January 1, 1999 but no later than June 30, 1999, any funds remaining in the Underground Storage Tank Upgrade and Replacement Fund shall be credited in the following manner:

(i) 50% to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund; and

(ii) 50% to the Oil Contaminated Site Environmental Cleanup Fund.

(2) Any future loan repayments made on or after January 1, 1999 shall be credited to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.

(3) The funds identified in paragraphs (1)(i) and (2) of this subsection shall only be used by the Department for cases in which a responsible party cannot be located or the responsible party does not have sufficient assets to take adequate remedial action or refuses to take remedial action for:

(i) The clean-up and removal of an underground storage tank; or

(ii) The clean-up of a petroleum release.
Md. Code, Business Regulation § 4-323 — MD Code / Article gbr / Title 4 / Subtitle 3 / Section 4-323
§4–323.
Status: in_force

(a) The Commission may seek an ex parte, interlocutory, or final injunction from a circuit court if it concludes that a person:

(1) conducts or attempts to conduct a contest that is not under the control and jurisdiction of the Commission in violation of § 4-205(a) of this title; or

(2) participates or attempts to participate in a contest in the absence of a valid license issued by the Commission in violation of § 4-303 of this subtitle.

(b) The injunctive relief may be sought from the circuit court of any county in which the contest is to be held or where the individual who is alleged to be violating this subtitle resides or has its principal place of business.

(c) When seeking an injunction under this section, the Commission is not required to:

(1) file a bond; or

(2) show a lack of adequate remedy at law.
Md. Code, Housing and Community Development § 4-2103 — MD Code / Article ghs / Title 4 / Subtitle 21 / Section 4-2103
§4–2103.
Status: in_force

(a) The Council consists of the following members:

(1) the Secretary of Aging, or the Secretary’s designee;

(2) the Secretary of Budget and Management, or the Secretary’s designee;

(3) the Secretary of Health, or the Secretary’s designee;

(4) the Secretary, or the Secretary’s designee;

(5) the Secretary of Human Services, or the Secretary’s designee;

(6) the Secretary of Labor, or the Secretary’s designee;

(7) the Secretary of Public Safety and Correctional Services, or the Secretary’s designee;

(8) the State Superintendent of Schools, or the State Superintendent’s designee;

(9) the Secretary of Transportation, or the Secretary’s designee;

(10) the Secretary of Veterans and Military Families, or the Secretary’s designee;

(11) the Secretary of Juvenile Services, or the Secretary’s designee;

(12) the Secretary of Disabilities, or the Secretary’s designee; and

(13) the following members, appointed by the Governor:

(i) one representative of the Governor’s Office for Children;

(ii) three representatives of local Continuums of Care;

(iii) nine representatives from diverse geographical regions of the State engaged in homeless advocacy with a focus on housing, employment, and access to health care; and

(iv) one community representative who has personally experienced homelessness.

(b) The Governor may remove a member for incompetence or misconduct.
Md. Code, Courts and Judicial Proceedings § 4-201 — MD Code / Article gcj / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

The jurisdiction of the District Court extends to every case which arises within the State or is subject to the State’s judicial power, and which is within the limitations imposed by this title or elsewhere by law. Exercise of this jurisdiction is subject to the restrictions of venue established by law.
Md. Code, Housing and Community Development § 4-1802 — MD Code / Article ghs / Title 4 / Subtitle 18 / Section 4-1802
§4–1802.
Status: in_force

(a) There is a Workforce Housing Grant Program.

(b) The Program provides flexible funds to qualifying local governments for workforce housing programs, including programs that finance development costs.

(c) The Program shall be operated with money in the Fund.
Md. Code, Land Use § 4-301 — MD Code / Article glu / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

(a) A legislative body shall provide for the appointment of a board of appeals.

(b) The legislative body may not serve as the board of appeals.
Md. Code, Housing and Community Development § 4-2209 — MD Code / Article ghs / Title 4 / Subtitle 22 / Section 4-2209
§4–2209.
Status: in_force

Funds to operate the Program shall be as provided in the State budget.
Md. Code, Real Property § 4-104 — MD Code / Article grp / Title 4 / Subtitle 1 / Section 4-104
§4–104.
Status: in_force

Neither livery of seisin nor indenting is necessary to the validity of any deed.
Md. Code, Natural Resources § 4-701 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-701
§4–701.
Status: reserved

(a) Except as provided in §§ 4–701.1 and 4–701.2 of this subtitle, this section applies to any person who is required under this subtitle or Subtitle 2, 8, 9, or 10 of this title to be licensed to guide fishing parties or to catch, sell, buy, process, transport, export, or otherwise deal in fish caught in tidal waters.

(b) (1) Except as provided in §§ 4–701.1 and 4–701.2 of this subtitle, the Department shall utilize a single, commercial license, to be known and designated as a tidal fish license.

(2) A tidal fish license authorizes a licensee:

(i) To engage in each activity indicated on the license; and

(ii) For catching blue crabs, to utilize the number of crew members authorized under § 4–814 of this title.

(3) Except for a person receiving a license as a beneficiary of a deceased licensee under subsection (k)(4)(i) of this section, the Department may not issue a tidal fish license to an individual who is younger than 14 years of age.

(4) A person may not guide fishing parties or catch, sell, buy, process, transport, export, or otherwise deal in fish caught in tidal waters unless licensed under this section.

(c) (1) The license year for every tidal fish license shall be 12 months from September 1 through August 31 of the following year.

(2) A licensee and crew members may engage only in those activities for which the annual fees for that license year have been paid.

(d) (1) The Department may issue no more than one authorization to a person to engage in each activity under paragraph (2)(ii)1 and 2 of this subsection during a license year.

(2) (i) On a tidal fish license, the Department may issue an authorization for any of the following activities for which the indicated fee has been paid.

(ii) The following annual fees for an authorization shall apply regardless of when the license is issued or an activity is authorized:

1. To provide services as:

A. A fishing guide in the tidal waters of Maryland – $100 for a resident and $200 for a nonresident; and

B. A master fishing guide, in addition to the fee under item A of this item – $100 per vessel;

2. To catch for sale fish with equipment which is legal under this title:

A. Finfish:

I. Hook and line only, anywhere – $100; and

II. All other equipment – $150;

B. Blue crabs:

I. Up to 50 pots, trotlines, nets, dip nets, traps, pounds, and scrapes – $100; and

II. Over 50 pots, plus any other gear listed in item I of this item – $150;

C. Clams – $100;

D. Oysters – $250 for a dredge boat and $100 for other than a dredge boat;

E. Conch, turtles, lobster, and all crabs of the genus Cancer – $100; and

F. For all activities in item 1A of this subparagraph and in items A through E of this item, unlimited tidal fish – $300;

3. For one or two crew members employed under § 4–814 of this title to enable a licensee to catch blue crabs under item 2BII and F of this subparagraph with more than 300 pots, the licensee shall pay an additional:

A. $100 for up to 600 pots total per vessel; or

B. $150 for up to 900 pots total per vessel;

4. For a person to buy, process, pack, resell, market or otherwise deal in fish caught in the tidal waters of Maryland, seafood dealer:

A. $50 for a person licensed under item 2 of this subparagraph or § 4–701.1 or § 4–701.2 of this subtitle; or

B. $250 for a person not licensed under item 2 of this subparagraph; and

5. For a person who is not licensed under this section to land fish caught in out–of–state tidal waters, seafood landing – $350.

(e) (1) Before catching fish for sale under an authorization issued under subsection (d)(2)(ii)2 of this section, a tidal fish licensee shall obtain a harvester registration from the Department.

(2) The annual fee for a harvester registration is $215.

(3) A harvester registration is nontransferable.

(f) For a tidal fish license, the Department may issue a permit for any of the following activities for which the indicated annual fee has been paid:

(1) To catch for sale:

(i) Striped bass:

1. $200 for a licensee authorized under subsection (d)(2)(ii)2A of this section; or

2. $150 for a licensee authorized under subsection (d)(2)(ii)2F of this section;

(ii) Yellow perch: $25;

(iii) Horseshoe crab: $25;

(iv) Black sea bass: $25;

(v) Summer flounder: $25; or

(vi) Snapping turtle: $25.

(2) The Department may establish by regulation a permit and an annual permit fee not exceeding $25 for any species not subject to a permit under this subsection.

(g) (1) (i) A person may not catch oysters for sale without:

1. Possessing a valid license under this section;

2. Paying an annual surcharge of $300; and

3. Certifying to the Department that the person received the publications required under § 4–1006.2 of this title.

(ii) The Department shall use the surcharges collected under this paragraph only for oyster repletion activities.

(2) In addition to the normal license fees imposed under subsection (d)(2)(ii)2 and 4 of this section, a licensee shall pay to the Department an annual surcharge in the following amounts to be credited to the Seafood and Aquaculture Products Marketing Fund established under § 10–1002 of the Agriculture Article:

(i) To fund only the marketing of wild–caught seafood, $20 for a licensee authorized under subsection (d)(2)(ii)1, 2, 3, or 5 of this section, if the licensee is not also authorized under subsection (d)(2)(ii)4 of this section; or

(ii) To fund only the marketing of wild–caught seafood and aquaculture products, $50 for a licensee authorized under subsection (d)(2)(ii)4 of this section, regardless of whether the licensee is also authorized under subsection (d)(2)(ii)1, 2, 3, or 5 of this section.

(3) (i) 1. In this paragraph, “fishing activities” means those activities that are directly related to catching fish.

2. “Fishing activities” does not include the activities of buying, selling, processing, transporting, exporting, or similarly dealing in fish.

(ii) For every nonresident license issued under this subtitle and Subtitles 8 and 9 of this title, except under subsection (d)(2)(ii)1A of this section, the Department shall assess an annual surcharge in addition to the normal license fees imposed by this subsection, which shall be the greater of:

1. An amount equal to the difference between the total fees charged to a Maryland resident engaged in like fishing activities in the state of residence of the nonresident applicant and the total of normal license fees for fishing activities in Maryland; or

2. $450.

(h) The Department may assess annually on every person licensed under subsection (d)(2)(ii)2 of this section a surcharge for the costs incurred by the Department for:

(1) Fish tags issued to the licensee; and

(2) The use by a licensee of a hailing system.

(i) (1) The Department shall accept applications for new authorizations to participate in fishing activities under subsection (d)(2)(ii)1 or 2 of this section from qualified persons and maintain a waiting list of candidates for each fishing activity in order of the date and time that applications are received.

(2) An applicant for a license to provide services as a commercial fishing guide in tidal waters of the State shall supply as part of the application verifiable references to any federal license that is issued by the U.S. Coast Guard to operate a vessel carrying passengers for hire in the applicant’s name, as a condition precedent to engaging as a commercial fishing guide in tidal waters.

(j) (1) The Department may set by regulation targets for the number of tidal fish license authorizations under subsection (d)(2)(ii) of this section to be the number issued between September 1, 1998, and March 31, 1999. The Department may modify by regulation the target number of authorizations based on:

(i) Recommendations of the Tidal Fisheries Advisory Commission;

(ii) Recommendations of fishery management plans adopted by the Department, the Chesapeake Bay Program, the Atlantic States Marine Fisheries Commission, the Mid–Atlantic Fisheries Management Council, or any other appropriate management body;

(iii) The number of people historically participating;

(iv) Target species, size, number, weight, incidental catch, total biomass, annual harvest, mortality rates, and other factors which are necessary and appropriate; and

(v) The number of authorizations relinquished to the Department under subsection (m) of this section.

(2) (i) The Department shall by regulation limit the total number of commercial authorizations to fish for striped bass not to exceed 1,231 participants in the commercial fishery and 499 participants in the charter boat fishery.

(ii) The Department shall provide in its regulations for reallocation of any authorizations that may be revoked or voluntarily relinquished to the Department.

(iii) The Department shall provide in its regulations for the allocation of any available quota on a monthly basis to ensure that all areas of the State have ample opportunity to attain an equitable portion of the available quota.

(k) (1) A license or authorization may be transferred only under the provisions of this subsection.

(2) A person who desires to obtain a license or authorization by transfer under this subsection shall, for each license or authorization applied for:

(i) Pay a $50 application fee; and

(ii) Submit a completed application to the Department.

(3) The Department shall review and may approve the permanent transfer of a license or an authorization to a person who is the licensee’s spouse, daughter, son, stepchild, grandchild, stepgrandchild, parent, sister, brother, grandparent, aunt, uncle, niece, nephew, father–in–law, mother–in–law, son–in–law, daughter–in–law, sister–in–law, or brother–in–law.

(4) (i) On the death of a licensee, the Department shall review and may approve the permanent transfer of a license or authorization to the person indicated on the beneficiary form submitted by the deceased licensee.

(ii) The personal representative of the estate of the deceased licensee may retain the license or authorization for 2 years from the date of appointment as personal representative if:

1. The deceased licensee did not indicate a license beneficiary;

2. The Department determines that the license beneficiary is not qualified to receive the license or authorization; or

3. The license beneficiary does not accept the license or authorization.

(iii) On appointment, the personal representative shall notify the Department of the appointment and the intent to retain the license or authorization.

(iv) A license or authorization retained under this paragraph may be renewed annually as required by this title.

(v) Before the end of the 2–year period, the personal representative may submit a completed transfer application to transfer the license or authorization to a qualified individual.

(vi) If a license or authorization is not transferred under subparagraph (i) of this paragraph, and a transfer application is not submitted under subparagraph (ii) of this paragraph, the license or authorization is void.

(vii) A person may not operate under the license or authorization of the deceased licensee without approval of the application by the Department.

(5) (i) Twice per license year, the Department may approve a temporary transfer of a license or authorization for not more than the remainder of the license year.

(ii) A temporary transferee who is convicted or receives an accepted plea of nolo contendere for a violation of federal or State fisheries law that results in a license suspension or revocation may not engage in that fishing activity or receive a transfer of a tidal fish license during the period of suspension or revocation.

(6) The Department may approve the permanent transfer of a license or authorization under this subsection from a person who has held a valid tidal fish license for at least 2 years to a person who provides a notarized bill of sale for the license or authorization being transferred.

(7) (i) Except for a fishing guide licensee or a master fishing guide licensee, a licensee may allow one individual to use the licensee’s commercial fishing vessel to engage in activities authorized under the license if:

1. The licensee’s commercial fishing vessel number is registered on the license; and

2. The licensee has identified the assigned individual to the Department on a form provided by the Department.

(ii) A licensee may change the assignment once per license year.

(iii) If a licensee allows an individual to utilize a vessel under this paragraph, the individual and the licensee shall be held responsible for any violations committed by the individual using the vessel.

(l) (1) Notwithstanding the qualification criteria for a license and authorization to engage in an activity under this section, licensees may renew a harvester registration and any valid existing authorizations on their licenses annually.

(2) (i) Application to renew a tidal fish license shall be made not later than August 31, or the next business day in the instance that the Department is not open, for the following license year.

(ii) The Department may not accept application for renewal after that date, as stated in subparagraph (i) of this paragraph unless:

1. Application is made by March 31, or the next business day in the instance that the Department is not open, of the following license year;

2. The applicant shows good cause why application was not made by August 31 of the previous license year; and

3. A late fee of $50 is paid by the applicant in addition to the license fee.

(m) (1) (i) A licensee who possesses an unlimited tidal fish license under subsection (d)(2)(ii)2F of this section may relinquish the unlimited tidal fish license and receive one or more authorizations under subsection (d)(2)(ii)1A through E of this section.

(ii) If the fee for an unlimited tidal fish license is less than the total of the fees for authorizations received by a licensee under subparagraph (i) of this paragraph, the licensee shall pay to the Department an amount equal to the difference between the fee for the unlimited tidal fish license and the total of the fees for the authorizations received.

(2) The Department shall adjust the number of authorizations under subsection (d)(2)(ii) of this section to reflect the number of license conversions under paragraph (1) of this subsection.

(n) (1) In addition to any other penalty provided in this title, the Department may suspend or revoke a person’s entitlement to engage in a particular activity or activities under a tidal fish license.

(2) During a period of suspension or revocation imposed by the Department, the person penalized is not and shall not be authorized under any existing, renewed, transferred, or new tidal fish license to engage in the particular activity or activities for which the suspension is imposed.

(3) The following are grounds for suspension or revocation of a tidal fish license:

(i) Making any false statement in an application for a tidal fish license;

(ii) A serious violation of a State or federal commercial fisheries law that results in a conviction or an accepted plea of nolo contendere;

(iii) Failure to submit reports required by the provisions of this title or by the Department pursuant to provisions of this title; or

(iv) Failure for a nonresident of the State to appear in court pursuant to a citation issued by a Natural Resources police officer, or to any other process issued by any court of Maryland, for violation of this title.

(4) A penalty imposed in accordance with this subtitle shall be in addition to any other penalty authorized under § 4–1201 of this title regarding striped bass.

(5) The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations relating to the suspension and revocation of licenses and authorizations issued under this title, including:

(i) A schedule of points assigned to various offenses under this title;

(ii) A schedule of the maximum number of days that a license may be suspended according to the number of points accumulated;

(iii) Suspension or revocation of a license or authorization for a serious violation of a State or federal commercial fisheries law that results in an individual receiving a conviction or an accepted plea of nolo contendere;

(iv) Enhanced penalties for repeated violations of this title; and

(v) Enhanced penalties for violations of provisions of this title that regulate species deemed by the Department to be in need of special protection, including striped bass, crabs, oysters, and menhaden.

(6) (i) Before the suspension or revocation of a tidal fish license under this section, the Department shall notify the licensee in writing of the licensee’s right to a hearing on request.

(ii) If a licensee submits a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed, the Department shall:

1. Hold a hearing after providing at least 10 days’ notice to the licensee; and

2. Conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(iii) The Department may suspend a commercial license issued under this title without a hearing if:

1. The licensee does not submit a written request for a hearing; or

2. The licensee fails to appear for a scheduled hearing for which the Department provided notice.

(o) (1) If a person is engaged in an activity for which a license or authorization is required under this section, the person shall possess:

(i) Any required license, authorization, registration, or permit; and

(ii) For a person to whom a license or authorization has been temporarily transferred, documentation indicating the Department’s approval of the temporary transfer application.

(2) (i) This paragraph does not limit the Department’s authority to inspect books, statements, and accounts under § 4–206(b) of this title.

(ii) The licensee or any person to whom a licensee has transferred a license under subsection (k) of this section shall allow any police officer, at reasonable times, including when the licensee or person is engaged in an activity that requires a license under this section, to inspect:

1. The license, authorization, or permit;

2. Any applicable application to transfer the commercial tidal fish license approved by the Department for a temporary transfer;

3. Commercial fishing vessels;

4. Vehicles used to transport fish for commercial purposes; and

5. Fish businesses owned or operated by a person licensed under this section.

(iii) Inspections of vessels, vehicles, and businesses authorized under this paragraph shall be restricted to inspections of fishing gear and places where fish may be stored.

(iv) Inspections of businesses authorized under this paragraph may be conducted in any building other than a dwelling house.

(3) (i) An inspector may seize fishing gear or fish found during an inspection under this subsection that is used or possessed in connection with a violation of this title or a regulation adopted under this title.

(ii) Fishing gear seized under this paragraph shall be held by the Department pending disposition of court proceedings, and on conviction the property seized or proceeds from the seizure shall be forfeited to the State for destruction or disposition as the Department may deem appropriate.

(iii) The Department may dispose of fish seized under this paragraph at its discretion.

(p) The Department shall assign a permanent identification number to each licensee. A licensee shall display the identification number on every vessel, vehicle, gear, or place of business, as the Department may require by regulation.

(q) The Department shall:

(1) Deposit to the credit of the Fisheries Research and Development Fund all fees received for tidal fish licenses, authorizations, and permits under this section; and

(2) Use the funds received from the sale of striped bass surcharges for striped bass management and enforcement purposes.

(r) (1) This subsection applies only to a person who, on April 1, 1997:

(i) Held a valid fishing guide license; and

(ii) Either:

1. Owned two or more vessels used to carry passengers for fishing;

2. Owned or operated a federally licensed vessel of 50 tons or more that was used to carry passengers for fishing; or

3. Owned or operated a marina from which 10 or more vessels operate to carry passengers for fishing.

(2) A person who meets the requirements of paragraph (1) of this subsection may obtain an annual master fishing guide license by:

(i) Filing an application on a form provided by the Department;

(ii) Supplying with the application proofs of ownership of the required vessels; and

(iii) Paying the master fishing guide license fee set forth in subsection (d)(2)(ii)1 of this section.

(3) A person holding a master fishing guide license may:

(i) Employ other persons to guide fishing parties on vessels owned by the master fishing guide; and

(ii) Allow a person who holds a valid Coast Guard license to operate a vessel to carry passengers for fishing from the marina owned or operated by the master guide license holder authorized under paragraph (1)(ii)3 of this subsection as follows:

1. One person for 10 vessels;

2. Two persons for 11 to 20 vessels;

3. Three persons for 21 to 30 vessels;

4. Four persons for 31 to 40 vessels;

5. Five persons for 41 to 50 vessels; and

6. Six persons for 51 or more vessels.

(4) (i) The Department shall issue a number of copies of the master fishing guide license corresponding to the number of vessels owned or operated by the master fishing guide, with each copy bearing the registration number of one of the vessels.

(ii) The master fishing guide shall ensure that when a vessel is operated, the appropriate copy of the license is on board.

(5) If a master fishing guide employs another person to operate a vessel to carry passengers for fishing, for purposes of the license suspension criteria in subsection (n) of this section, the master fishing guide shall be held responsible for any violations committed by the person employed to operate the vessel.
Md. Code, Alcoholic Beverages and Cannabis § 4-206 — MD Code / Article gab / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

(a) (1) In this section, “floor space” means the space devoted to the retail sale of alcoholic beverages for off–premises consumption that:

(i) for a license without on–premises consumption privileges, is within the four walls of the building from which the licensed business operates; or

(ii) for a license with on–premises consumption and off–premises consumption privileges, is used to sell, display, or store alcoholic beverages.

(2) “Floor space” includes:

(i) a basement in a licensed premises; and

(ii) any area off the licensed premises where the alcoholic beverages are lawfully stored.

(b) Except as provided in subsection (c) of this section:

(1) a local licensing board may not issue a license for use in an establishment in which more than 10,000 square feet of floor space is to be devoted to the sale of alcoholic beverages for off–premises consumption; and

(2) a food store issued a license on or before October 1, 1997, may not expand the floor space of its alcoholic beverages department beyond a total of 10,000 square feet, without regard to the total area available within the four walls of the business premises.

(c) (1) A local licensing board may issue a license for use in premises in which more than 10,000 square feet of floor space is devoted to the sale of alcoholic beverages for off–premises consumption, if the local licensing board:

(i) holds a public hearing;

(ii) determines that the issuance of the license:

1. would serve the public need; and

2. would not adversely impact existing retail license holders in the immediate vicinity of the premises, including those license holders that may be in a contiguous county or city; and

(iii) obtains from the Executive Director a written report in which the Executive Director determines that the issuance of the license:

1. would not adversely affect the orderly distribution of alcoholic beverages in the State; and

2. would comply with all applicable provisions of this article relating to the issuance of multiple licenses.

(2) If the Executive Director determines that an application submitted under this subsection does not meet the criteria provided under paragraph (1)(iii) of this subsection, the local licensing board may not issue the license.

(d) There is no presumption in favor of or which otherwise requires a local licensing board to approve a request by a license holder to expand the amount of space devoted to the retail sale of alcoholic beverages for off–premises consumption up to 10,000 square feet, unless the local licensing board finds that:

(1) the expansion is necessary to accommodate the public; and

(2) the license holder otherwise continues to meet the criteria for the issuance or transfer of a license and any other condition that the local licensing board imposes.

(e) This section does not prohibit the renewal or transfer of ownership or location of a license issued for use by an establishment that on or before October 1, 1997, had more than 10,000 square feet of floor space devoted to the sale of alcoholic beverages for off–premises consumption.
Md. Code, Education § 4-403 — MD Code / Article ged / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

(a) Except as provided in subsection (b) of this section, the county board may not implement a policy or take any action that contradicts the day–to–day management and oversight of the fiscal affairs of the Prince George’s County public school system by the County Superintendent under this subtitle.

(b) Except for personnel matters and appeals of personnel matters in accordance with §§ 4–205(c)(2) and (3) of this title and 6–202 of this article, the county board shall require a two–thirds vote of all voting members of the county board to take an action that is contrary to an action of the County Superintendent.
Md. Code, Criminal Law § 4-104 — MD Code / Article gcr / Title 4 / Subtitle 1 / Section 4-104
§4–104.
Status: in_force

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

(2) “Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.

(3) (i) “Firearm” means a handgun, rifle, shotgun, short–barreled rifle, or short–barreled shotgun, as those terms are defined in § 4–201 of this title, or any other firearm.

(ii) “Firearm” does not include an antique firearm as defined in § 4–201 of this title.

(b) This section does not apply if:

(1) the minor’s access to a firearm is supervised by an individual at least 18 years old;

(2) the minor’s access to a firearm was obtained as a result of an unlawful entry;

(3) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or

(4) the minor has a certificate of firearm and hunter safety issued under § 10–301.1 of the Natural Resources Article.

(c) A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised minor has access to the firearm.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(e) (1) A violation of this section may not:

(i) be considered evidence of negligence;

(ii) be considered evidence of contributory negligence;

(iii) limit liability of a party or an insurer; or

(iv) diminish recovery for damages arising out of the ownership, maintenance, or operation of a firearm or ammunition.

(2) A party, witness, or lawyer may not refer to a violation of this section during a trial of a civil action that involves property damage, personal injury, or death.
Md. Code, Alcoholic Beverages and Cannabis § 4-112 — MD Code / Article gab / Title 4 / Subtitle 1 / Section 4-112
§4–112.
Status: in_force

The local collecting agent shall remit all license fees collected under this article to:

(1) the board of county commissioners or the fiscal officer for the county; or

(2) the Annapolis City Council.
Md. Code, Financial Institutions § 4-208 — MD Code / Article gfi / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

(a) Before the Commissioner issues a certificate to do business, a savings bank shall have an initial guaranty fund that equals at least:

(1) The minimum amount of capital stock required for formation of a commercial bank in the municipal area of the proposed savings bank; and

(2) Any greater amount that the Commissioner determines is necessary to keep the savings bank solvent.

(b) (1) Before a savings bank establishes a branch, the savings bank shall have a guaranty fund as provided in this subsection.

(2) For a branch that is to be located inside the municipal area of the principal banking office of the savings bank, the savings bank shall have a guaranty fund of not less than 5 percent of its total deposits.

(3) For a branch that is to be located outside the municipal area of the principal banking office of the savings bank, the savings bank shall have a guaranty fund of not less than the sum of:

(i) 5 percent of its total deposits; and

(ii) The minimum capital and surplus that is required for formation of a commercial bank in the municipal area of the proposed branch.
Md. Code, Public Safety § 4-1502 — MD Code / Article gps / Title 4 / Subtitle 15 / Section 4-1502
§4–1502.
Status: in_force

(a) The Governor’s Office of Crime Prevention and Policy shall:

(1) select 10 high–crime micro–zones within the State; and

(2) create, as a civilian position, an “End the Violence” P.R.O.T.E.C.T. Coordinator position for each high–crime micro–zone.

(b) An “End the Violence” P.R.O.T.E.C.T. Coordinator shall reside in the jurisdiction in which the high–crime micro–zone is located.

(c) An “End the Violence” P.R.O.T.E.C.T. Coordinator shall:

(1) ensure utilization of all existing crime prevention programs and grants;

(2) coordinate community and youth programs;

(3) assist with community mobilization and activities to reclaim public space;

(4) assist with rapid response to public nuisances; and

(5) coordinate community engagement with the local law enforcement agency with jurisdiction in the high–crime micro–zone.
Md. Code, Environment § 4-707 — MD Code / Article gen / Title 4 / Subtitle 7 / Section 4-707
§4–707.
Status: in_force

(a) A payment may not be made from the Fund for a third party claim.

(b) A payment may not be made as reimbursement for costs incurred or under a guarantee to a contractor unless the balance in the Fund is sufficient to cover the payment requested and any other imminent obligations or expenses of the Fund.

(c) Requests for payment from the Fund that are denied under subsection (b) of this section shall be paid only as additional funds become available and may not be paid from any other fund of the State.
Md. Code, Local Government § 4-502 — MD Code / Article glg / Title 4 / Subtitle 5 / Section 4-502
§4–502.
Status: in_force

(a) To initiate a merger, the legislative body of each municipality shall adopt a proposal of unification.

(b) Each municipality shall adopt the proposal of unification:

(1) in substantially identical form; and

(2) in the manner that the municipality adopts ordinary legislation.

(c) The proposal of unification shall include a detailed description of the boundaries of the proposed municipality that:

(1) is comprised of a survey of courses and distances; and

(2) may refer to general landmarks and place names.
Md. Code, Alcoholic Beverages and Cannabis § 4-211 — MD Code / Article gab / Title 4 / Subtitle 2 / Section 4-211
§4–211.
Status: in_force

(a) A license issued by a local licensing board shall be on the form that the local licensing board provides.

(b) A local licensing board shall number each license.

(c) Except as otherwise provided in this article, a license issued by a local licensing board shall be dated as of the date of issue and shall expire on the next April 30 after its issuance.
Md. Code, Housing and Community Development § 4-217 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-217
§4–217.
Status: in_force

§4–217. IN EFFECT

(a) A project, undertaking, or a part of a project or undertaking, including the real, personal, and mixed property involved, qualifies as a community development project if it is planned, acquired, owned, developed, constructed, reconstructed, rehabilitated, repaired, renovated, or improved to promote sound community development.

(b) A community development project shall provide for:

(1) new or existing housing:

(i) that is or will be occupied in substantial part by families of limited income; or

(ii) at least 20% of which is or will be occupied by families of limited income, if the project is financed with bonds, notes, or other evidences of indebtedness issued by the Administration, the income from which being includable in the holder’s gross income under the Internal Revenue Code as determined by the Administration at the time of issue;

(2) any improvements, such as streets, roads, sewer lines, and water lines that are needed to support the housing; and

(3) the public or private commercial, educational, cultural, recreational, community, or civic facilities that are needed to support the housing.

(c) A community development project may include public or private commercial, educational, cultural, recreational, community, or civic facilities that are not needed to support the housing, if:

(1) they are less than a substantial part of the project; or

(2) the Secretary finds that they will promote sound community development.

(d) (1) The Administration shall administer community development projects that:

(i) are in sustainable communities approved under § 6–305 of this article; and

(ii) provide employees with financial assistance in the form of grants to buy homes near their workplaces.

(2) A community development project administered under this subsection is not subject to the provisions of subsection (b)(1) of this section that require part of the housing to be occupied by families of limited income.

(3) The community development projects administered under this subsection shall be known as the “Live Near Your Work” program.

(4) The Secretary shall adopt regulations to implement the “Live Near Your Work” program established under this subsection.

(5) (i) In fiscal year 2007 and fiscal year 2008, the Governor may include in the State budget $250,000 for the “Live Near Your Work” program established under this subsection.

(ii) In fiscal year 2009 and every fiscal year thereafter, the Governor may include in the State budget no less than $250,000 and no more than $500,000 for the “Live Near Your Work” program established under this subsection.

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

(ii) “Current student” means an individual who:

1. attends a public institution of higher education in the State; and

2. is a degree–seeking, full–time equivalent student in an undergraduate level, graduate level, or professional degree program.

(iii) “Public institution of higher education” has the meaning stated in § 10–101 of the Education Article.

(iv) “Recent graduate” means an individual who, within 5 years before applying for assistance under this section, graduated from a public institution of higher education in the State with at least:

1. 120 credits in an undergraduate level program; or

2. 30 credits in a graduate level or professional degree program.

(2) The Administration may administer community development projects that:

(i) are in sustainable communities approved under § 6–305 of this article; and

(ii) provide current students and recent graduates with financial assistance in the form of grants to buy homes near the school of the student or graduate.

(3) A community development project administered under this subsection is not subject to the provisions of subsection (b)(1) of this section that require part of the housing to be occupied by families of limited income.

(4) The community development projects administered under this subsection shall be known as the Live Near Your School program.

(5) The Administration shall adopt regulations to implement the Live Near Your School program established under this subsection.

§4–217. // EFFECTIVE SEPTEMBER 30, 2030 PER CHAPTER 265 OF 2024 //

(a) A project, undertaking, or a part of a project or undertaking, including the real, personal, and mixed property involved, qualifies as a community development project if it is planned, acquired, owned, developed, constructed, reconstructed, rehabilitated, repaired, renovated, or improved to promote sound community development.

(b) A community development project shall provide for:

(1) new or existing housing:

(i) that is or will be occupied in substantial part by families of limited income; or

(ii) at least 20% of which is or will be occupied by families of limited income, if the project is financed with bonds, notes, or other evidences of indebtedness issued by the Administration, the income from which being includable in the holder’s gross income under the Internal Revenue Code as determined by the Administration at the time of issue;

(2) any improvements, such as streets, roads, sewer lines, and water lines that are needed to support the housing; and

(3) the public or private commercial, educational, cultural, recreational, community, or civic facilities that are needed to support the housing.

(c) A community development project may include public or private commercial, educational, cultural, recreational, community, or civic facilities that are not needed to support the housing, if:

(1) they are less than a substantial part of the project; or

(2) the Secretary finds that they will promote sound community development.

(d) (1) The Administration shall administer community development projects that:

(i) are in sustainable communities approved under § 6–305 of this article; and

(ii) provide employees with financial assistance in the form of grants to buy homes near their workplaces.

(2) A community development project administered under this subsection is not subject to the provisions of subsection (b)(1) of this section that require part of the housing to be occupied by families of limited income.

(3) The community development projects administered under this subsection shall be known as the “Live Near Your Work” program.

(4) The Secretary shall adopt regulations to implement the “Live Near Your Work” program established under this subsection.

(5) (i) In fiscal year 2007 and fiscal year 2008, the Governor may include in the State budget $250,000 for the “Live Near Your Work” program established under this subsection.

(ii) In fiscal year 2009 and every fiscal year thereafter, the Governor may include in the State budget no less than $250,000 and no more than $500,000 for the “Live Near Your Work” program established under this subsection.
Md. Code, State Finance and Procurement § 4-702 — MD Code / Article gsf / Title 4 / Subtitle 7 / Section 4-702
§4–702.
Status: in_force

There is a State Board of Architectural Review in the Department.
Md. Code, Alcoholic Beverages and Cannabis § 4-214 — MD Code / Article gab / Title 4 / Subtitle 2 / Section 4-214
§4–214.
Status: in_force

(a) Except as provided in subsection (b) of this section:

(1) if a license is denied, another license application may not be considered from the same applicant or for the same location for 6 months after the denial; and

(2) if a subsequent application by the same applicant or for the same location is denied within a 2–year period immediately after the first denial, another application may not be considered from that applicant or for that location until the 2–year period expires.

(b) This section does not apply to:

(1) an applicant, if the license was denied because it was not necessary to accommodate the public or the location was not suitable for the sale of alcoholic beverages; or

(2) the location, if the license was denied because the local licensing board determined that the applicant was not a proper person to be issued the license.
Md. Code, Financial Institutions § 4-505 — MD Code / Article gfi / Title 4 / Subtitle 5 / Section 4-505
§4–505.
Status: in_force

(a) Until successors are elected and qualify, the board of directors of a savings bank consists of the individuals named as directors in the articles of incorporation.

(b) (1) Except as provided in paragraph (2) of this subsection, at each annual meeting of the members of a savings bank or the stockholders of a subsidiary savings bank, the members or stockholders shall elect directors to hold office until the next annual meeting and until their successors are elected and qualify.

(2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, if the directors are divided into classes, the term of office may be provided in the bylaws.

(ii) The term of office of a director may not be longer than 5 years or, in the case of an initial or substitute director, shorter than the period between annual meetings.

(iii) The term of office of at least one class of directors shall expire each year.
Md. Code, Insurance § 4-113 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-113
§4–113.
Status: in_force

(a) The Commissioner shall deny a certificate of authority to an applicant or refuse to renew, suspend, or revoke a certificate of authority if:

(1) the action is required by any provision of this article;

(2) the insurer no longer meets the requirements for the certificate of authority because of a deficiency in assets or any other reason;

(3) the business of the insurer is fraudulently conducted;

(4) the insurer is insolvent, or its assets are not sufficient for carrying on its business;

(5) the insurer fails to pay taxes on premiums required under this article;

(6) the insurer willfully fails to provide the Commissioner with required information about medical malpractice insurance issued by the insurer in this State or any other state;

(7) the issuance or renewal of a certificate of authority is contrary to the public interest;

(8) the Commissioner finds that the principal management personnel of the insurer is:

(i) untrustworthy or not of good character; or

(ii) so lacking in insurer managerial experience as to make the proposed operation hazardous to the insurance–buying public or to the insurer’s stockholders; or

(9) the Commissioner has good reason to believe that the insurer is affiliated, directly or indirectly, through ownership, control, management, reinsurance transactions, or other insurance or business relations with a person whose business operations are or have been marked by the manipulation of assets, accounts, or reinsurance or by bad faith, to the detriment of insureds, stockholders, or creditors.

(b) The Commissioner may deny a certificate of authority to an applicant or, subject to the hearing provisions of Title 2 of this article, refuse to renew, suspend, or revoke a certificate of authority if the applicant or holder of the certificate of authority:

(1) violates any provision of this article other than one that provides for mandatory denial, refusal to renew, suspension, or revocation for its violation;

(2) knowingly fails to comply with a regulation or order of the Commissioner;

(3) is found by the Commissioner to be in unsound condition or in a condition that renders further transaction of insurance business hazardous to the insurer’s policyholders or the public;

(4) is engaged in writing policies in a jurisdiction in which it operates on a premium basis that the Commissioner finds to be insufficient, insecure, or impracticable so as to endanger the solvency of the insurer;

(5) refuses or delays payment of amounts due claimants without just cause;

(6) refuses to be examined or to produce its accounts, records, or files for examination by the Commissioner when required;

(7) refuses to provide additional information that the Commissioner considers advisable in considering an application for renewal of the certificate of authority;

(8) fails to pay a final judgment against it in the State within 30 days after the judgment becomes final;

(9) is affiliated with and under the same general management or interlocking directorate or ownership as another insurer that transacts direct insurance in the State without having a certificate of authority to do so, except as allowed to a surplus lines insurer under Title 3, Subtitle 3 of this article;

(10) is found by the Commissioner to have participated, with or without the knowledge of an insurance producer, in selling motor vehicle insurance without an actual intent to sell the insurance, as evidenced by a persistent pattern of filing certificates of insurance together with or closely followed by cancellation notices for the insurance;

(11) except as allowed under § 10–103(c) of this article, is found by the Commissioner to have knowingly participated with a person, acting as an insurance producer, that does not have an appointment from the insurer in accepting insurance contracts that the person has sold, solicited, or negotiated, if committed with sufficient frequency to indicate a general business practice;

(12) has had a certificate of authority revoked or suspended by the insurance regulatory authority of another state;

(13) has violated the provisions of Title 6.5 of the State Government Article;

(14) fails to provide to the Commissioner or an insurance producer any information required by § 10–118 of this article regarding the termination of an appointment of the insurance producer; or

(15) in providing information required by or provided pursuant to § 10–118 of this article regarding the termination of an appointment of an insurance producer, makes an inaccurate statement with actual malice.

(c) (1) On refusal to renew, suspension, or revocation of an insurer’s certificate of authority, the Commissioner immediately shall notify:

(i) the insurer; and

(ii) each insurance producer of the insurer in the state of record in the office of the Commissioner.

(2) The refusal to renew, revocation, or suspension of a certificate of authority automatically suspends or revokes the appointment of each insurance producer of the insurer in the State.

(3) The Commissioner shall state in the notice to each insurance producer under paragraph (1) of this subsection that the appointment of the insurance producer has been suspended or revoked.

(4) The Commissioner may publish notice of the revocation of a certificate of authority in a newspaper published in the State.

(d) Instead of or in addition to suspending or revoking a certificate of authority, the Commissioner may:

(1) impose on the holder a penalty of not less than $100 but not more than $125,000 for each violation of this article; and

(2) require the holder to make restitution to any person who has suffered financial injury because of the violation of this article including requiring the holder to:

(i) fulfill any obligation under the policies or contracts of the holder that the holder failed to fulfill in violation of this article; or

(ii) pay a claim or an amount due under an insurance policy or contract not paid in violation of this article.

(e) The Commissioner shall adopt regulations to:

(1) establish standards for the imposition of a penalty under subsection (d) of this section; and

(2) carry out the provisions of subsection (b)(11) of this section.
Md. Code, Agriculture § 4-302 — MD Code / Article gag / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

A person may not donate, sell, advertise, offer, or in any manner represent for sale shell eggs to any person unless the shell eggs meet the standards of this subtitle or any regulation adopted in accordance with this subtitle.
Md. Code, Corporations and Associations § 4A-908 — MD Code / Article gca / Title 4A / Subtitle 9 / Section 4A-908
§4A–908.
Status: in_force

(a) The limited liability company is terminated on the later of:

(1) The date on which the Department accepts for record the articles of cancellation filed pursuant to § 4A-909 of this subtitle; or

(2) The effective date of the articles of cancellation.

(b) Notwithstanding the filing of articles of cancellation, the limited liability company continues to exist for the purpose of paying, satisfying, and discharging any existing debts or obligations, collecting and distributing its assets, and doing all other acts required to liquidate and wind up its business and affairs.
Md. Code, Housing and Community Development § 4-241 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-241
§4–241.
Status: in_force

Except as required to qualify for insurance or guaranty by the federal government, a residential mortgage loan may not be assigned to or assumed by a person not qualified under the appropriate Administration program if the residential mortgage loan is:

(1) a new loan that the Administration purchases or in which the Administration purchases an interest;

(2) a loan made with the proceeds of purchase by the Administration of a residential mortgage; or

(3) a loan made with the proceeds of a loan from the Administration to a mortgage lender.
Md. Code, Insurance § 4-305 — MD Code / Article gin / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

(a) A company action level event occurs:

(1) when an insurer files an RBC report that indicates that:

(i) the insurer has total adjusted capital that is:

1. greater than or equal to its regulatory action level RBC; and

2. less than its company action level RBC;

(ii) in the case of a life insurer or fraternal benefit society, the life insurer or fraternal benefit society has total adjusted capital that:

1. is greater than or equal to its company action level RBC;

2. is less than the product of its authorized control level RBC and 3.0; and

3. has a negative trend;

(iii) in the case of a property and casualty insurer, the property and casualty insurer has total adjusted capital that:

1. is greater than or equal to its company action level RBC;

2. is less than the product of its authorized control level RBC and 3.0; and

3. triggers the trend test calculation included in the property and casualty RBC instructions; or

(iv) in the case of a health insurer, the health insurer has total adjusted capital that:

1. is greater than or equal to its company action level RBC;

2. is less than the product of its authorized control level RBC and 3.0; and

3. triggers the trend test calculation included in the health RBC instructions;

(2) when the Commissioner notifies an insurer of an adjusted RBC report that indicates an event under item (1) of this subsection; or

(3) if an insurer requests a hearing to challenge an adjusted RBC report that indicates an event under item (1) of this subsection, when the Commissioner notifies the insurer that the Commissioner, after a hearing, has rejected the insurer’s challenge.

(b) In the event of a company action level event, the insurer shall prepare and submit to the Commissioner an RBC plan that shall:

(1) identify the conditions that contribute to the company action level event;

(2) contain proposals of corrective actions that the insurer intends to take and that would be expected to result in the elimination of the company action level event;

(3) provide projections of the insurer’s financial results in the current year and at least the 4 succeeding years that:

(i) project financial results:

1. in the absence of proposed corrective actions; and

2. that give effect to the proposed corrective actions;

(ii) include projections of statutory operating income, net income, capital, and surplus; and

(iii) for both new and renewal business, include separate projections for each major line of business and separately identify each significant income, expense, and benefit component;

(4) identify the key assumptions that impact the insurer’s projections and the sensitivity of the projections to the assumptions; and

(5) identify the quality of and the problems associated with the insurer’s business, including its assets, anticipated business growth and associated surplus strain, extraordinary exposure to risk, mix of business, and use of reinsurance, as appropriate.

(c) The insurer shall submit the RBC plan to the Commissioner:

(1) within 45 days after the date of the company action level event; or

(2) if the insurer requests a hearing to challenge an adjusted RBC report, within 45 days after notification to the insurer that the Commissioner, after a hearing, has rejected the insurer’s challenge.

(d) (1) Within 60 days after an insurer submits an RBC plan to the Commissioner, the Commissioner shall notify the insurer whether the Commissioner has determined that the RBC plan may be implemented or that the RBC plan is unsatisfactory.

(2) If the Commissioner determines that the RBC plan is unsatisfactory, the notification to the insurer:

(i) shall set forth the reasons for the determination; and

(ii) may set forth proposed revisions that will make the RBC plan satisfactory to the Commissioner.

(3) On notification that the RBC plan is unsatisfactory, the insurer shall:

(i) prepare a revised RBC plan, which may incorporate by reference any revisions proposed by the Commissioner; and

(ii) submit the revised RBC plan to the Commissioner.

(4) The insurer shall submit the revised RBC plan required by paragraph (3) of this subsection to the Commissioner:

(i) within 45 days after the notification from the Commissioner; or

(ii) if the insurer requests a hearing to challenge the notification from the Commissioner, within 45 days after notification to the insurer that the Commissioner, after a hearing, has rejected the insurer’s challenge.

(e) Subject to the right of the insurer to a hearing, when the Commissioner notifies an insurer that the insurer’s RBC plan or revised RBC plan is unsatisfactory, the Commissioner may specify in the notification that the notification constitutes a regulatory action level event.

(f) (1) Each domestic insurer that files an RBC plan or revised RBC plan with the Commissioner shall file a copy of the RBC plan or revised RBC plan with the insurance commissioner of any state in which the insurer is authorized to do business if:

(i) the state has a confidentiality provision substantially similar to § 4-310(a) of this subtitle; and

(ii) the insurance commissioner of that state has notified the insurer in writing of its request for the filing.

(2) On request of an insurance commissioner of another state under this subsection, the insurer shall file a copy of the RBC plan or revised RBC plan with that insurance commissioner by the later of:

(i) 15 days after receipt of the notification to file a copy of its RBC plan or revised RBC plan with that state; or

(ii) the date on which the RBC plan or revised RBC plan is filed under subsection (c) or (d) of this section.
Md. Code, Labor and Employment § 4-214 — MD Code / Article gle / Title 4 / Subtitle 2 / Section 4-214
§4–214.
Status: in_force

After investigation of a consent election under § 4-212 or § 4-213 of this subtitle, the Mediation Service shall:

(1) prepare a report, including any recommendation, on the investigation; and

(2) serve the report on each party to the consent election.
Md. Code, State Government § 4-101 — MD Code / Article gsg / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

There is a Comptroller of the State, as provided in Article VI, § 1 of the Maryland Constitution.
Md. Code, General Provisions § 4-402 — MD Code / Article ggp / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

(a) A person may not:

(1) willfully or knowingly violate any provision of this title;

(2) fail to petition a court after temporarily denying inspection of a public record; or

(3) by false pretenses, bribery, or theft, gain access to or obtain a copy of a personal record if disclosure of the personal record to the person is prohibited by this title.

(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, Environment § 4-405 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-405
§4–405.
Status: in_force

(a) For the purposes of this subtitle, the Department of the Environment shall have and may exercise the following powers and duties:

(1) General supervision over the administration and enforcement of this subtitle and all rules, regulations, and orders promulgated pursuant to it;

(2) Develop comprehensive programs and plans for prevention, control, and abatement of pollution of the waters of the State by oil or sediment;

(3) Advise, consult, and cooperate with other units of the State, the federal government, other state and interstate agencies, affected groups, political subdivisions, and industries to further the purposes of this subtitle;

(4) Accept and administer loans and grants from the federal government and other sources, public or private, to carry out any of its functions;

(5) Encourage, participate in, finance, or conduct studies, investigations, research, and demonstrations relating to water pollution and its causes, prevention, control, and abatement;

(6) Collect and disseminate information relating to water pollution and its prevention, control, and abatement;

(7) Adopt, modify, repeal, and promulgate, after due notice and hearing, and enforce rules and regulations implementing or effectuating its powers and duties;

(8) Hold hearings, issue notices of hearing and subpoenas requiring the attendance of witnesses and production of evidence, administer oaths, and take necessary testimony; any of these powers may be exercised by the designee of the Secretary; and

(9) Exercise every incidental power necessary to carry out the purposes of this subtitle.

(b) (1) The Department shall prescribe by regulation approved methods, facilities, standards, and devices for transfer, storage, separating, removing, treating, transporting, or disposing of oil and other unctuous substances to prevent pollution of waters of the State, that may include rules and regulations:

(i) Outlining procedures for addressing water pollution episodes or emergencies which constitute an acute danger to health or the environment; and

(ii) Requiring:

1. Spill prevention and response training;

2. Spill contingency plans for oil storage facilities, vessels, and barges;

3. Spill prevention and containment equipment at oil storage facilities and on vessels and barges or at other locations necessary to control oil spills from vessels or barges;

4. Inspection of oil storage facilities, vessels, and barges;

5. Escorts for vessels and barges or any other measure in lieu of an escort necessary to detect and control oil spills from tank vessels;

6. Detection and control of oil spills from oil storage facilities, vessels, and barges; and

7. Notification of vessel and barge movement.

(2) A person other than a vessel or barge may not engage in any commercial or industrial operation involving these activities unless the person has:

(i) Submitted to the Department satisfactory evidence that the operation meets all applicable county zoning and land use requirements; and

(ii) Obtained a permit from the Department indicating that the activities are in conformity with the prescribed rules and regulations.

(c) Whenever there occurs in the waters of the State any condition indicative of damage to aquatic resources, including, but not limited to, mortality of fish and other aquatic life, the Department shall investigate the incident, determine the nature and extent of the damage, and establish the cause and source of the occurrence. The Department shall act on these findings and require repair of any damage done and restoration of water resources to a degree necessary to protect the best interest of the people of the State. Any person who is determined to be responsible for the discharge or spillage of any such substance shall be personally and/or severally responsible to immediately clean up and abate the effects of the spillage and restore the natural resources of the State. The Department shall assume control of any discharge or spill situation when it determines that the person responsible for the discharge is not acting promptly in a manner appropriate to remove, mitigate, control, or rectify the spill. If the Department believes instituting suit is advisable, it shall turn over to the Attorney General all pertinent information and data. The Attorney General then shall file suit against the person causing the condition. The person shall be jointly and severally liable for the reasonable cost of rehabilitation and restoration of the resources damaged and the cost of eliminating the condition causing the damage, including the environmental monetary value of such resources as established by regulation.
Md. Code, Housing and Community Development § 4-907 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-907
§4–907.
Status: in_force

(a) The Regular Rehabilitation Program and the Special Rehabilitation Program shall operate with money in the Special Loan Programs Fund and other money available to the Department for these programs.

(b) If the applications that qualify for a Program loan under the Regular Rehabilitation Program or a special loan program do not commit all money appropriated to that loan program within 6 months after the appropriation, the Department may reallocate the remaining appropriated money to any other program financed by the Special Loan Programs Fund.
Md. Code, Natural Resources § 4-710 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-710
§4–710.
Status: in_force

(a) (1) A person may not catch finfish for any purpose in the tidal waters of the State by use of any purse net, beam trawl, otter trawl, trammel net, troll net, or drag net.

(2) A person may use a gig or gig iron to catch finfish only for recreational purposes in the tidal waters of the State.

(3) Any person who violates this section by catching fish with any of the equipment or devices referred to in this subsection, with the exception of a gig or gig iron, is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court.

(4) Any person who illegally catches fish with a gig or gig iron is subject to the penalties provided by this title.

(b) An appropriately licensed person may fish in the waters of the Atlantic Ocean with an otter trawl or beam trawl, subject to Department rules and regulations, if the person is at least one mile from the shoreline. The Department rules and regulations shall include:

(1) Setting seasons when otter trawl or beam trawl fishing is permitted; and

(2) Enumerating the species of fish which may be taken.

(c) (1) A person may not fish with any net whose size of stretched mesh, allowing a reasonable tolerance for shrinkage, is less than the following: pound net, 1 1/2 inches; haul seine, 1 1/2 inches; gill net, 2 1/2 inches; fyke or hoop net, 1 1/2 inches.

(2) Any hedging or lead attached to a fish trap, fyke net, or pound net shall be constructed of materials which have meshes having a twine size of #12 or larger.

(3) In the Chesapeake Bay and its tributaries, a person may not set or fish any gill net whose size of stretched mesh is more than 6 inches.

(4) This subsection does not apply to catching eels with a net.

(d) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a person may not use a monofilament gill net to catch fish.

(ii) The Department may adopt regulations to authorize the use of a monofilament gill net to catch fish.

(2) A person may use a monofilament cast net or a monofilament throw net to catch baitfish in any tidal water of the Chesapeake Bay or its tributaries.

(3) In casting a monofilament net as provided under paragraph (2) of this subsection, a person:

(i) May not use a cast net that has a radius greater than 10 feet; and

(ii) May cast a cast net only by hand.

(e) A person may not set any anchored gill net or fyke or hoop net or any line of these nets which has a length more than one–third the distance across the waters of the bay, sound, river, creek, cove, or inlet where it is set, or is set so that it impedes or obstructs navigation on or blocks in any way the main channel of the bay, sound, river, creek, cove, or inlet. The outer end of the submerged gear of any nets referred to in this subsection shall be marked by means of a paddle, a board, or a buoy or other floating device which shows the name and license number of the net owner.

(f) A person may not haul any seine or net more than one–third of the distance across the body of water, bay, sound, river, creek, cove, or inlet.

(g) A person may not catch or attempt to catch finfish by the use of any stationary fishing gear, or set an anchor or mooring buoy, or in any way obstruct the normal taking of finfish by drift net from December 1 through April 1.

This subsection applies only to waters more than 50 feet in depth in the Chesapeake Bay south of the William Preston Lane, Jr., Memorial Bridge and is not applicable to any Chesapeake Bay tributaries. This provision does not apply to any designated anchorage in existence on July 1, 1975. The Department has the authority to permit exceptions to this section by regulations when it can be shown that the obstruction will not interfere with a usable fishing reach.

(h) (1) Except when using finfish trotline or in State waters in the Atlantic Ocean, a tidal fish licensee may not use more than 2 hooks or 2 sets of hooks for each rod or line.

(2) For the purposes of this subsection, artificial lures or plugs with multiple or gang hooks are considered 1 set of hooks.
Md. Code, Environment § 4-411.1 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-411.1
§4–411.
Status: in_force

§4–411.1.

(a) On or before July 1, 1990, the owner, operator, or person in charge of an underground oil storage facility shall register the underground oil storage facility with the Department.

(b) Unless an underground oil storage facility is registered with the Department in accordance with the provisions of subsection (a) of this section and is in substantial compliance with State law and regulations relating to oil storage, as defined by regulation, no oil may be sold to or received by the underground oil storage facility.

(c) For the purposes of this section, if any underground oil storage facility registered with the Department under subsection (a) of this section is removed, or no longer in use, the owner, operator, or person in charge of the underground oil storage facility shall notify the Department not later than 30 days after the removal or discontinuance of use.

(d) The Department shall adopt regulations to:

(1) Implement the provisions of this section; and

(2) Define “underground oil storage facility”.
Md. Code, Health Occupations § 4-306 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-306
§4–306.
Status: in_force

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

(2) “ADEX” means the American Board of Dental Examiners, Inc., or its successor organization.

(3) (i) “ADHLEX” means the American Dental Hygiene Licensing Examination designed and developed by ADEX, or its successor examination.

(ii) “ADHLEX” includes a written component and a clinical component.

(4) (i) “ADLEX” means the American Dental Licensing Examination designed and developed by ADEX, or its successor examination.

(ii) “ADLEX” includes a written component and a clinical component.

(b) (1) A dentist licensed in any other state shall be issued a license in this State if the applicant:

(i) 1. Has passed the ADLEX; and

2. Has passed the Maryland Dental Jurisprudence Examination given by the Board or its designee; or

(ii) 1. For the 5 preceding years, has been actively engaged in practicing dentistry for at least 850 hours on average per year;

2. Has passed an examination with a clinical component as a requirement for licensure in another state;

3. Has passed a comprehensive written examination on applied clinical diagnosis and treatment planning administered by ADEX; and

4. Has passed the Maryland Dental Jurisprudence Examination given by the Board or its designee.

(2) A dental hygienist licensed in any other state shall be issued a license in this State if the applicant:

(i) 1. Has passed the ADHLEX; and

2. Has passed the Maryland Dental Hygiene Jurisprudence Examination given by the Board or its designee; or

(ii) 1. For the 3 preceding years, has been actively engaged in practicing dental hygiene for at least 150 hours on average per year;

2. Has passed an examination with a clinical component as a requirement for licensure in another state;

3. Has passed a comprehensive written examination on applied clinical diagnosis and treatment planning administered by ADEX; and

4. Has passed the Maryland Dental Hygiene Jurisprudence Examination given by the Board or its designee.

(c) (1) The Board may adopt regulations for the content and administration of examinations and any other regulations necessary to provide for the licensure of individuals who apply for a license to practice dentistry under subsection (b)(1) of this section.

(2) The Board may adopt regulations for the content and administration of examinations and any other regulations necessary to provide for the licensure of individuals who apply for a license to practice dental hygiene under subsection (b)(2) of this section.

(d) An applicant for a general license to practice dentistry under this section shall:

(1) Pay the application fee required by § 4–304 of this subtitle; and

(2) Provide adequate evidence that the applicant:

(i) Meets the qualifications otherwise required by this title for a general license to practice dentistry;

(ii) Holds a license to practice dentistry in another state;

(iii) Has satisfied the examination requirements provided in subsection (b)(1) of this section;

(iv) Is not being investigated by a disciplinary authority of another state, does not have charges pending against the applicant’s license, and has not been disciplined by a disciplinary or licensing authority of any other state or country, or been convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under § 4–315 of this subtitle; and

(v) Has not previously failed an examination for licensure as a dentist in this State.

(e) An applicant for a general license to practice dental hygiene under this section shall:

(1) Pay the application fee required by § 4–304 of this subtitle; and

(2) Provide adequate evidence that the applicant:

(i) Meets the qualifications otherwise required by this title for a general license to practice dental hygiene;

(ii) Holds a license to practice dental hygiene in another state;

(iii) Has satisfied the examination requirements provided in subsection (b)(2) of this section;

(iv) Is not being investigated by a disciplinary authority of another state, does not have charges pending against the applicant’s license, and has not been disciplined by a disciplinary or licensing authority of any other state or country, or been convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under § 4–315 of this subtitle; and

(v) Has not previously failed an examination for licensure as a dental hygienist in this State.

(f) If an applicant meets the requirements for licensure under this section, the Board shall issue the license within 15 business days after receiving the completed application.
Md. Code, Natural Resources § 4-11A-16.1 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-16.1
§4–11A–16.
Status: reserved

§4–11A–16.1.

(a) Subject to subsection (b) of this section, a person who willfully, negligently, recklessly, wrongfully, or maliciously enters any area leased to another person under this subtitle to harvest, damage, or transfer shellfish or to alter, damage, or remove any markings or equipment is liable to the leaseholder or any agent, employee, business partner, or contractor of the leaseholder for damages in an amount of:

(1) Three times the value of the shellfish harvested, damaged, or transferred;

(2) The actual restoration costs for the leased area and any altered, damaged, or removed markings or equipment; and

(3) Any attorney fees or court costs incurred by the leaseholder or any agent, employee, business partner, or contractor of the leaseholder in the matter.

(b) Subsection (a) of this section does not apply to a person engaging in aquaculture activity on a leased area in accordance with the terms and conditions of:

(1) A shellfish aquaculture harvester registration card that is in the person’s possession; or

(2) An operator card that is in the possession of the person or another person present in the lease area.

(c) On the request of a law enforcement officer, a person who enters an area leased to another person under this subtitle and engages in any act specified in subsection (a) of this section shall display a shellfish aquaculture harvester registration card or an operator card for the lease area.
Md. Code, Public Safety § 4-601 — MD Code / Article gps / Title 4 / Subtitle 6 / Section 4-601
§4–601.
Status: in_force

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

(b) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(c) “Fund” means the Internet Crimes Against Children Task Force Fund.

(d) “Local law enforcement agency” means an agency of a county or municipal corporation in the State that performs police protection functions.

(e) “Task Force” means the Maryland Internet Crimes Against Children Task Force established by the Department of State Police.
Md. Code, Health Occupations § 4-604 — MD Code / Article gho / Title 4 / Subtitle 6 / Section 4-604
§4–604.
Status: in_force

The clerk of each district and circuit court shall:

(1) Report to the Board each conviction of or entry of a plea of guilty or nolo contendere by a dentist or a dental hygienist for any felony or crime involving moral turpitude; and

(2) Submit the report within 10 working days of the conviction or entry of the plea.
Md. Code, Housing and Community Development § 4-1303 — MD Code / Article ghs / Title 4 / Subtitle 13 / Section 4-1303
§4–1303.
Status: in_force

The purpose of the Program is to provide financial assistance to residential well owners who incur the cost of adding a water treatment system to remove radium or gross alpha from well water.
Md. Code, Natural Resources § 4-305 — MD Code / Article gnr / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

Pursuant to Article XI of the Atlantic States Marine Fisheries Compact, funds shall be appropriated from the State Treasury for expenses of the Commission. The appropriation shall be paid out of the State Treasury on the audit and warrant of the Comptroller upon vouchers certified by the chairman of the Commission in the manner prescribed by law.
Md. Code, Local Government § 4-308 — MD Code / Article glg / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: in_force

When a charter amendment becomes effective, the chief executive officer of the municipality shall send the information concerning the charter amendment to the Department of Legislative Services as provided in § 4–109 of this title.
Md. Code, Housing and Community Development § 4-1603 — MD Code / Article ghs / Title 4 / Subtitle 16 / Section 4-1603
§4–1603.
Status: in_force

The purposes of this subtitle are to:

(1) help remedy the conditions described in § 4-1602 of this subtitle;

(2) make residential mortgage loans available to families of low or moderate income at borrowing costs lower than those otherwise prevailing for residential mortgages;

(3) help reduce the shortage of adequate housing; and

(4) help maintain housing and neighborhoods.
Md. Code, Business Regulation § 4-406 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-406
§4–406.
Status: in_force

(a) Subject to the hearing provisions of § 4-407 of this subtitle, the Secretary may reprimand a licensee, suspend, or revoke a license for conduct that would have justified denial of a license under § 4-405(b) of this subtitle.

(b) (1) Instead of or in addition to reprimanding the licensee or suspending or revoking a license under subsection (a) of this section, the Secretary may assess a civil penalty under § 4-416 of this subtitle.

(2) The Secretary shall pay any penalty collected under this subsection into the General Fund of the State.
Md. Code, Agriculture § 4-201 — MD Code / Article gag / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

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

(b) Any poultry product is “adulterated” if:

(1) It bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance, the article shall not be considered adulterated if the quantity of the substance in or on the article ordinarily does not render it injurious to health;

(2) Any substance is added to any poultry or poultry product so that the poultry product bears or contains any added poisonous or deleterious substance which, in the Department’s judgment, makes the article unfit for human food, unless the added substance is (i) a pesticide chemical in or on a raw agricultural commodity, (ii) a food additive, or (iii) a color additive;

(3) It is wholly or partially a raw agricultural commodity and the commodity bears or contains a pesticide chemical which is unsafe within the meaning of § 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 346a), unless the substance is prohibited in official establishments by the departmental rules and regulations;

(4) It bears or contains any food additive which is unsafe within the meaning of § 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348), unless the substance is prohibited in official establishments by departmental rules and regulations;

(5) It bears or contains any color additive which is unsafe within the meaning of § 706 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348), unless the substance is prohibited in official establishments by departmental rules and regulations;

(6) It wholly or partially consists of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;

(7) It has been prepared, packed, or held under insanitary conditions that may have caused it to become contaminated with filth, or that may have rendered it injurious to health;

(8) It is wholly or partially the product of any poultry which has died other than by slaughter;

(9) Its container is composed, wholly or partially, of any poisonous or deleterious substance which may render the contents injurious to health;

(10) It intentionally has been subjected to radiation, unless the use of radiation was in conformity with a regulation or exemption in effect pursuant to § 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348); or

(11) Any valuable constituent has been omitted or abstracted wholly or partially from it; or if any substance has been substituted wholly or partially for it; or if damage or inferiority has been concealed in any manner; or if any substance has been added to it or mixed or packed with it so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

(c) “Animal food manufacturer” means any person engaged in the business of manufacturing or processing animal food derived wholly or partially from any poultry carcass or part or product of it.

(d) “Capable of use as human food” means any poultry carcass, or part or product of it, that is not denatured, not naturally inedible by humans, or not otherwise identified, as required by rule or regulation adopted by the Secretary, to deter its use as human food.

(e) “Color additive” has the same meaning as under the Federal Food, Drug, and Cosmetic Act.

(f) “Container” or “package” includes any box, can, tin, cloth, plastic, other receptacle, wrapper, or cover.

(g) “Federal Food, Drug, and Cosmetic Act” means the act so entitled approved June 25, 1938 (52 Stat. 1040).

(h) “Federal Poultry Products Inspection Act” means the act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791).

(i) “Food additive” has the same meaning as under the Federal Food, Drug, and Cosmetic Act.

(j) “Immediate container” includes any consumer package or any other container in which any poultry product, not consumer packaged, is packed.

(k) “Inspection service” means the official government service to which the Secretary designates the responsibility for carrying out the provisions of this subtitle.

(l) “Inspector” means a State employee or government employee authorized by the Secretary to inspect poultry and poultry products under the authority of this subtitle.

(m) “Label” means a display of written, printed, or graphic matter upon any article or the immediate container, not including the package liner, of any article.

(n) “Labeling” means every label and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying any article.

(o) Any poultry product is “misbranded” if:

(1) Its labeling is false or misleading in any particular;

(2) It is offered for sale under the name of another food;

(3) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately after it, the name of the food imitated;

(4) Its container is made, formed, or filled so that it is misleading;

(5) It does not bear a label showing (i) the name and place of business of the manufacturer, packer, or distributor and (ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count. Under clause (ii) of this paragraph, reasonable variations may be permitted, and exemptions for small packages or articles not in packages or other containers, may be established by departmental rules and regulations;

(6) Any word, statement, or other information required by, or under authority of, this subtitle to appear on the label or other labeling is not placed prominently and conspicuously on it, as compared with other words, statements, designs, or devices in the labeling, and in terms that do not render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(7) It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by departmental rules and regulations under § 4–209 of this subtitle, unless (i) it conforms to the definition and standard, (ii) its label bears the name of the food specified in the definition and standard and as may be required by the rules and regulations, and (iii) its label bears the common names of optional ingredients, other than spices, flavoring, and coloring, present in the food as required by rules and regulations;

(8) It purports to be or is represented as a food for which a standard of fill of container is prescribed by departmental rules and regulations under § 4–209 of this subtitle, and it falls below the standard of fill of container applicable to it, unless its label bears a statement that it falls below the standard, in the manner and form the rules and regulations specify;

(9) It is not subject to the provisions of paragraph (7), unless its label bears (i) the common or usual name of the food, if any, and (ii) the common or usual name of each ingredient. If it is fabricated from more than one ingredient, the Secretary may permit spices, flavorings, and colorings to be designated as spices, flavorings, and colorings without requiring the naming of each. In addition, the Secretary may establish exemptions by rules and regulations under this subtitle to the extent that compliance with the requirements of clause (ii) of this paragraph is not feasible or results in deception or unfair competition;

(10) It purports to be for special dietary uses, unless its label bears information concerning its vitamin, mineral, and other dietary properties which the Secretary, after consultation with the Secretary of Agriculture of the United States, determines to be necessary by rule or regulation to inform purchasers of its value for these uses;

(11) It bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact. However, the Secretary may establish exemptions by rules and regulations under this subtitle to the extent that compliance with the requirements of this paragraph is not feasible; or

(12) It fails to bear on its container, and, in the case of any nonconsumer packaged carcass directly on it, as the Secretary adopts by rule or regulation, the official inspection legend, number of the official establishment where the article was processed, and any other information the Secretary requires in the rule or regulation, to assure that it does not bear false or misleading labeling and that the public is informed of the manner of handling required to maintain the article in a wholesome condition.

(p) “Official certificate” means any certificate the departmental rules and regulations prescribe for issuance by an inspector.

(q) “Official device” means any device prescribed by the Secretary for use in applying any official mark.

(r) “Official establishment” means any establishment engaged in slaughtering or processing solely for intrastate commerce poultry and poultry products capable of use as human food and inspected under this subtitle.

(s) “Official inspection legend” means any symbol, prescribed by departmental rules and regulations, that shows an article was inspected for wholesomeness in accordance with this subtitle.

(t) “Official mark” means the official inspection legend or any other symbol, prescribed by departmental rules and regulations, to identify the status of any article or poultry under this subtitle.

(u) “Pesticide chemical” has the same meaning as under the Federal Food, Drug, and Cosmetic Act.

(v) “Poultry product” means any poultry carcass, or part of it; or any product which is made wholly or partially from any poultry carcass or part of it. This term does not apply to any product (1) containing poultry ingredients in only a relatively small proportion, or (2) which historically has not been considered by consumers as a product of the poultry food industry, and (3) which is exempted as a poultry product, by departmental rule or regulation, under conditions assuring that the poultry ingredients in the product are not adulterated and the product is not represented as a poultry product.

(w) “Poultry products broker” means any person engaged in the business of buying or selling any poultry product on commission or otherwise negotiating a purchase or sale of the article, other than for his own account or as an employee of another person.

(x) “Processed” means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.

(y) “Raw agricultural commodity” has the same meaning as under the Federal Food, Drug, and Cosmetic Act.

(z) “Renderer” means any person engaged in the business of rendering any poultry carcass, or part or product of it, except rendering conducted under inspection or exempt under this subtitle.

(aa) “Shipping container” means any container used or intended for use in packaging the product packed in an immediate container.
Md. Code, Natural Resources § 4-2A-08.1 — MD Code / Article gnr / Title 4 / Subtitle 2A / Section 4-2A-08.1
§4–2A–08.
Status: in_force

§4–2A–08.1.

The Department shall adopt regulations allowing the catching of hybrids of striped bass under certain conditions in freshwater impoundments in the State as long as, during the time any moratorium on the taking and sale of striped bass is in effect under the Endangered Species of Fish Conservation Act, the regulations also prohibit the sale in the State for any purpose of the hybrids of striped bass that are caught under the authority of the regulations.
Md. Code, Commercial Law § 4-406 — MD Code / Article gcl / Title 4 / Subtitle 4 / Section 4-406
§4–406.
Status: in_force

(a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item number, amount, and date of payment.

(b) If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of 7 years after receipt of the items. A customer may request an item from the bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item has been destroyed or is not otherwise obtainable, a legible copy of the item.

(c) If a bank sends or makes available a statement of account or items pursuant to subsection (a), the customer must exercise reasonable promptness in examining the statement or the items to determine whether any payment was not authorized because of an alteration of an item or because a purported signature by or on behalf of the customer was not authorized. If, based on the statement or items provided, the customer should reasonably have discovered the unauthorized payment, the customer must promptly notify the bank of the relevant facts.

(d) If the bank proves that the customer failed, with respect to an item, to comply with the duties imposed on the customer by subsection (c) the customer is precluded from asserting against the bank:

(1) The customer’s unauthorized signature of the customer or any alteration on the item, if the bank also proves that it suffered a loss by reason of the failure; and

(2) The customer’s unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank if the payment was made before the bank received notice from the customer of the unauthorized signature or alteration and after the customer had been afforded a reasonable period of time, not exceeding 30 days, in which to examine the item or statement of account and notify the bank.

(e) If subsection (d) applies and the customer proves that the bank failed to exercise ordinary care in paying the item and that the failure substantially contributed to loss, the loss is allocated between the customer precluded and the bank asserting the preclusion according to the extent to which the failure of the customer to comply with subsection (c) and the failure of the bank to exercise ordinary care contributed to the loss. If the customer proves that the bank did not pay the item in good faith, the preclusion under subsection (d) does not apply.

(f) Without regard to care or lack of care of either the customer or the bank, a customer who does not within 12 months after the statement or items are made available to the customer (subsection (a)) discover and report the customer’s unauthorized signature on or any alteration on the item is precluded from asserting against the bank the unauthorized signature or alteration. If there is a preclusion under this subsection, the payor bank may not recover for breach of warranty under § 4-208 with respect to the unauthorized signature or alteration to which the preclusion applies.
Md. Code, Criminal Law § 4-108 — MD Code / Article gcr / Title 4 / Subtitle 1 / Section 4-108
§4–108.
Status: in_force

(a) In Anne Arundel County, Caroline County, and St. Mary’s County a person may not target practice with a gun or weapon or discharge a gun or weapon on the land of another without first obtaining written permission from the owner or possessor of the land.

(b) (1) (i) In Anne Arundel County and Caroline County a person who violates this section is guilty of a misdemeanor and on conviction is subject to:

1. for a first violation, a fine of not less than $250 and not exceeding $1,000; and

2. for each subsequent violation, a fine of not less than $500 and not exceeding $2,000.

(ii) If a person fails to pay a fine imposed under this paragraph, further proceedings shall be held in accordance with § 7-505 of the Courts Article.

(2) In St. Mary’s County a person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, Housing and Community Development § 4-1203 — MD Code / Article ghs / Title 4 / Subtitle 12 / Section 4-1203
§4–1203.
Status: in_force

There is a Partnership Rental Housing Program.