Md. Code, Transportation § 16-124 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-124
§16–124.
Status: in_force

(a) The Administration shall require each fee for issuance or renewal of an original or duplicate identification card, moped operator’s permit, or license to drive under this article to be paid by the applicant at the time of application.

(b) An application fee under this section is nonrefundable, regardless whether the Administration issues or renews, refuses to issue or renew, cancels, or requires to be surrendered an identification card, a moped operator’s permit, or a license to drive under this article.
Md. Code, Local Government § 16-403 — MD Code / Article glg / Title 16 / Subtitle 4 / Section 16-403
§16–403.
Status: in_force

To exercise the authority granted under this subtitle, the governing body of a county or municipality shall enact a motion, a resolution, or an ordinance stating that the county or municipality has determined to exercise the authority granted under this subtitle and binds itself to fulfill all obligations incurred under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 16-803 — MD Code / Article gab / Title 16 / Subtitle 8 / Section 16-803
§16–803.
Status: in_force

(a) There is:

(1) a Class B beer and wine 6–day license; and

(2) a Class B beer and wine 7–day license.

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

(c) The annual license fees are:

(1) $160 for a 6–day license; and

(2) $1,000 for a 7–day license.
Md. Code, Housing and Community Development § 16-203 — MD Code / Article ghs / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, the bonds authorized to be guaranteed under this subtitle are subject to § 312 of the County Charter.

(b) The bonds may be structured with:

(1) substantially level debt service payments; and

(2) interest-only payments during the projected period for construction or rehabilitation of the housing project financed with bonds issued under this subtitle and § 12-702 of this article.

(c) (1) The bonds shall be issued on a serial maturity plan.

(2) Part of each issue may be sold as term bonds structured with mandatory sinking fund payments, if required for market acceptance and approved by the county government in the manner specified by the County Council resolution adopted under § 16-206 of this subtitle.
Md. Code, Land Use § 16-210.1 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-210.1
§16–210.
Status: in_force

§16–210.1.

(a) During the term of a collective bargaining agreement:

(1) either party may declare an impasse and request the services of a mediator–arbitrator; and

(2) the parties jointly may request the services of a mediator–arbitrator at any time without declaring an impasse.

(b) (1) If the services of a mediator–arbitrator have been requested, the parties jointly shall appoint a mediator–arbitrator.

(2) If the parties are unable to agree on a mediator–arbitrator, the labor relations administrator shall appoint the mediator–arbitrator within 7 days after the services of a mediator–arbitrator were requested.

(c) If the mediator–arbitrator finds in the mediator–arbitrator’s sole discretion that the parties are at a bona fide impasse, the mediator–arbitrator shall direct each party to submit a separate memorandum of each party’s last final offer on items with regard to which the parties are in dispute.

(d) (1) Within 10 days after the submission of the memoranda under subsection (c) of this section, the mediator–arbitrator shall hold a closed hearing on the parties’ offers at a time, date, and place selected by the mediator–arbitrator.

(2) Each party shall submit evidence or make oral and written arguments in support of the party’s final offer.

(3) The mediator–arbitrator may not open the hearing to a person that is not a party to the mediation–arbitration.

(e) (1) Within 5 days after the hearing required under subsection (d)(1) of this section, the mediator–arbitrator shall issue a report selecting the final offer that the mediator–arbitrator determines to be more reasonable when viewed as a whole.

(2) In determining which offer is more reasonable, the mediator–arbitrator:

(i) may consider only:

1. past collective bargaining agreements between the parties, including the past bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions;

2. a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington metropolitan area and the State;

3. a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County and Prince George’s County;

4. the public interest and welfare;

5. the ability of the Commission to finance any economic adjustments required under the proposed agreement;

6. the effects of any economic adjustments on the standard of public services normally provided by the Commission; and

7. the annual increase or decrease in consumer prices for all items as reflected in the most recent Consumer Price Index – Urban Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area; and

(ii) shall consider all items on which the parties agreed before the mediation–arbitration began to be integrated into each offer.

(3) (i) The mediator–arbitrator may not receive or consider the history of collective bargaining relating to the immediate dispute, including any offers of settlement not contained in the offer submitted to the mediator–arbitrator.

(ii) The mediator–arbitrator may not compromise or alter the final offer that the mediator–arbitrator selects.

(f) (1) (i) Subject to subparagraph (ii) of this paragraph, the offer selected by the mediator–arbitrator, as integrated with the governing collective bargaining agreement at the time of the dispute, shall be the final agreement between the Commission and the exclusive representative without ratification by the parties.

(ii) Any terms or conditions of the final agreement that require an appropriation of funds or the adoption of regulations or that have a present or future fiscal impact are subject to approval by the Montgomery County Council and the Prince George’s County Council.

(iii) The Commission shall request funds in the Commission’s final budget from the Montgomery County Council and the Prince George’s County Council for all economic provisions of the final agreement.

(2) The parties shall execute an agreement incorporating the final agreement, including arbitration awards and all issues agreed to under this section.

(g) The Commission and the employee organization shall share equally the costs of the mediator–arbitrator’s services.
Md. Code, Education § 16-103 — MD Code / Article ged / Title 16 / Subtitle 1 / Section 16-103
§16–103.
Status: in_force

(a) In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Maryland Higher Education Commission, each board of community college trustees has the powers and duties set forth in this section.

(b) With the approval of the Maryland Higher Education Commission, each board of trustees may establish and operate one or more community colleges.

(c) Each board of trustees shall exercise general control over the community college, keep separate records and minutes, and adopt reasonable rules, regulations, or bylaws to carry out the provisions of this subtitle.

(d) Each board of trustees may fix the salaries and tenure of the president, faculty, and other employees of the community college.

(e) Each board of trustees may purchase, lease, condemn, or otherwise acquire any property it considers necessary for the operation of the community college.

(f) (1) Each board of trustees may sell, lease, or otherwise dispose of community college assets or property.

(2) Except as provided in § 16–105(h) of this subtitle, the president of the community college and the chair of the board of trustees may execute a conveyance or other legal document under an appropriate resolution of the board.

(g) Each board of trustees may:

(1) With the approval of the Commission, permit the county board of education to use the lands, buildings, or other facilities of the community college; and

(2) With the approval of the county board of education, use any land, buildings, assets, or other facilities of the county board of education.

(h) Each board of trustees may apply for and accept any gift or grant from the federal government or any other person.

(i) Subject to the minimum standards of the Commission, each board of trustees may determine entrance requirements and approve offerings that consist of:

(1) Transfer programs offering the equivalent of the first 2 years of a bachelor’s degree program;

(2) Career programs offering technical, vocational, and semiprofessional education; and

(3) Continuing education programs.

(j) Each board of trustees may charge students reasonable tuition and fees set by it with a view to making college education available to all qualified individuals at low cost.

(k) Each board of trustees may sue and be sued.

(l) Each board of trustees may make agreements with the federal government or any other person, including agreements between counties to support a regional community college, if the board considers the agreement advisable for the establishment or operation of the community college.

(m) Except as provided in § 16-105(i) of this subtitle, each board of trustees shall be styled “the board of trustees of ................. community (or junior) college”.

(n) Each board of trustees may adopt a corporate seal.
Md. Code, Insurance § 16-309 — MD Code / Article gin / Title 16 / Subtitle 3 / Section 16-309
§16–309.
Status: in_force

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

(2) “Operative date of the valuation manual” has the meaning stated in § 5–201.1(a) of this article.

(3) “Valuation manual” has the meaning stated in § 5–201.1(a) of this article.

(b) This section applies to policies of life insurance issued:

(1) on or after January 1, 1989; or

(2) on or after an operative date that is before January 1, 1989, as specified by the insurer if the insurer filed with the Commissioner written notice of an election to comply with this section on a date before January 1, 1989.

(c) (1) For purposes of this section, the date of issue of a policy is the date as of which the rated age of the insured is determined.

(2) Except as provided in subsection (h) of this section, and subject to paragraph (3) of this subsection, the adjusted premiums for a policy shall be calculated on an annual basis and shall be a uniform percentage of the premiums specified in the policy for each policy year so that the present value of the adjusted premiums shall equal the sum of:

(i) the present value of the future guaranteed benefits, calculated as of the date of issue, provided by the policy;

(ii) 1% of either:

1. the amount of insurance if the insurance is a uniform amount; or

2. the average amount of insurance at the beginning of each of the first 10 policy years; and

(iii) subject to paragraphs (4) and (5) of this subsection, 125% of the nonforfeiture net level premium.

(3) In calculating adjusted premiums, any extra premium for impairments or special hazards or any uniform annual contract charge or policy fee specified in the policy in a statement of the method used to calculate cash surrender values and paid–up nonforfeiture benefits is excluded.

(4) The nonforfeiture net level premium shall equal the present value of the guaranteed benefits, calculated as of the date of issue, provided by the policy divided by the present value of an annuity of 1 per year, calculated as of the date of issue, payable on the date of issue of the policy and on each anniversary on which a premium is due.

(5) In applying the percentage specified in paragraph (2)(iii) of this subsection, a nonforfeiture net level premium may not be considered to exceed 4% of:

(i) the amount of insurance if the insurance is a uniform amount; or

(ii) the average amount of insurance at the beginning of each of the first 10 policy years.

(d) (1) If a policy provides for unscheduled changes in benefits or premiums on a basis guaranteed by the policy or provides an option for changes in benefits or premiums, other than a change to a new policy, the adjusted premiums and present values initially shall be calculated on the assumption that future benefits and premiums will not change from those stipulated at the date of issue of the policy.

(2) When benefits or premiums are changed, the future adjusted premiums, nonforfeiture net level premiums, and present values shall be recalculated as of the date of the change in the policy in accordance with this section on the assumption that future benefits and premiums will not change from those stipulated by the policy immediately after the change.

(e) (1) Except as provided in subsection (h) of this section, the future adjusted premiums recalculated under subsection (d)(2) of this section shall be a uniform percentage of the future premiums specified in the policy for each policy year so that the present value of the future adjusted premiums, calculated as of the time of the change to the newly defined benefits or premiums, shall equal the remainder of:

(i) the sum of the present value of the future guaranteed benefits, calculated as of the time of the change to the newly defined benefits or premiums, provided by the policy and any additional expense allowance; less

(ii) any cash surrender value or the present value of any paid–up nonforfeiture benefit under the policy, calculated as of the time of the change to the newly defined benefits or premiums.

(2) In recalculating future adjusted premiums, any extra premium for impairments or special hazards or any uniform annual contract charge or policy fee specified in the policy in a statement of the method used to calculate cash surrender values and paid–up nonforfeiture benefits is excluded.

(f) The additional expense allowance, calculated as of the time of the change to the newly defined benefits or premiums, is the sum of:

(1) 1% of the remainder, if positive, of:

(i) the average amount of insurance at the beginning of each of the first 10 policy years subsequent to the change; less

(ii) the average amount of insurance before the change at the beginning of each of the first 10 policy years subsequent to the most recent previous change or, if there has not been a previous change, subsequent to the date of issue of the policy; and

(2) 125% of the increase, if positive, in the nonforfeiture net level premium.

(g) The recalculated nonforfeiture net level premium equals the quotient of:

(1) the sum of:

(i) the nonforfeiture net level premium applicable before the change multiplied by the present value of an annuity of 1 per year payable on each anniversary of the policy on or subsequent to the date of change on which a premium would have been due had the change not occurred; and

(ii) the present value of the increase in future guaranteed benefits provided by the policy; divided by

(2) the present value of an annuity of 1 per year payable on each anniversary of the policy on or after the date of change on which a premium is due.

(h) (1) This subsection applies only to policies issued on a substandard basis that provide reduced graded amounts of insurance so that, in each policy year, the policy has the same tabular mortality cost as an otherwise similar policy issued on a standard basis that provides higher uniform amounts of insurance.

(2) Notwithstanding any other provision of this section, the adjusted premiums and present values for a substandard policy subject to this subsection may be calculated as if the policy was issued to provide the higher uniform amounts of insurance on the standard basis.

(i) (1) (i) For policies of ordinary life insurance, the adjusted premiums and present values referred to in this subtitle shall be calculated based on:

1. the Commissioners 1980 Standard Ordinary Mortality Table; or

2. at the election of the insurer for one or more specified life insurance plans, the Commissioners 1980 Standard Ordinary Mortality Table with 10–year select mortality factors.

(ii) For policies of industrial life insurance, the adjusted premiums and present values referred to in this subtitle shall be calculated based on the Commissioners 1961 Standard Industrial Mortality Table.

(2) Adjusted premiums and present values for policies issued in any calendar year shall be calculated based on an interest rate that does not exceed the nonforfeiture interest rate calculated under this section:

(i) for that calendar year; or

(ii) at the option of the insurer, for the immediately preceding calendar year.

(j) (1) Any cash surrender value available under a paid–up nonforfeiture benefit, including any paid–up dividend additions, regardless of whether required under § 16–303 of this subtitle, shall be calculated based on the mortality table and interest rate used to determine the amount of the paid–up nonforfeiture benefit and any paid–up dividend additions.

(2) An insurer may not calculate the amount of any guaranteed paid–up nonforfeiture benefit including any paid–up additions under the policy based on an interest rate lower than the rate specified in the policy for calculating cash surrender values.

(3) In calculating the present value of any paid–up term insurance with any accompanying pure endowment offered as a nonforfeiture benefit, an insurer may not assume a mortality rate greater than the mortality rates shown in:

(i) for policies of ordinary life insurance, the Commissioners 1980 Extended Term Insurance Table; and

(ii) for policies of industrial life insurance, the Commissioners 1961 Industrial Extended Term Insurance Table.

(4) The calculation of adjusted premiums and present values for insurance issued on a substandard basis may be based on appropriate modifications of the tables required under this section.

(5) (i) For policies issued before the operative date of the valuation manual, in determining the minimum nonforfeiture standard, an insurer may substitute any Commissioners standard ordinary mortality table adopted after 1980 by the National Association of Insurance Commissioners and approved by regulation of the Commissioner for the Commissioners 1980 Standard Ordinary Mortality Table, with or without 10–year select mortality factors or for the Commissioners 1980 Extended Term Insurance Table.

(ii) 1. Subject to subsubparagraph 2 of this subparagraph, for policies issued on or after the operative date of the valuation manual, the valuation manual shall provide the Commissioners standard mortality table for use in determining the minimum nonforfeiture standard that may be substituted for:

A. the Commissioners 1980 Standard Ordinary Mortality Table, with or without 10–year select mortality factors; or

B. the Commissioners 1980 Extended Term Insurance Table.

2. If the Commissioner approves by regulation any Commissioners standard ordinary mortality table adopted by the NAIC for use in determining the minimum nonforfeiture standard for policies issued on or after the operative date of the valuation manual, the minimum nonforfeiture standard approved by the Commissioner supersedes the minimum nonforfeiture standard provided by the valuation manual.

(6) (i) For policies issued before the operative date of the valuation manual, in determining the minimum nonforfeiture standard, an insurer may substitute any Commissioners standard industrial mortality table adopted after 1980 by the National Association of Insurance Commissioners and approved by regulation of the Commissioner for the Commissioners 1961 Standard Industrial Mortality Table or for the Commissioners 1961 Industrial Extended Term Insurance Table.

(ii) 1. Subject to subsubparagraph 2 of this subparagraph, for policies issued on or after the operative date of the valuation manual, the valuation manual shall provide the Commissioners standard mortality table for use in determining the minimum nonforfeiture standard that may be substituted for:

A. the Commissioners 1961 Standard Industrial Mortality Table; or

B. the Commissioners 1961 Industrial Extended Term Insurance Table.

2. If the Commissioner approves by regulation any Commissioners standard industrial mortality table adopted by the NAIC for use in determining the minimum nonforfeiture standard for policies issued on or after the operative date of the valuation manual, the minimum nonforfeiture standard approved by the Commissioner supersedes the minimum nonforfeiture standard provided by the valuation manual.

(k) (1) For policies issued before the operative date of the valuation manual, the nonforfeiture interest rate per year for a policy issued during a calendar year shall equal the greater of:

(i) 4%; or

(ii) 125% of the calendar year statutory valuation interest rate for the policy, in accordance with the standard valuation law, set forth in Title 5, Subtitle 3 of this article, rounded to the nearest 0.25%.

(2) For policies issued on or after the operative date of the valuation manual, the nonforfeiture interest rate per year for a policy issued during a calendar year shall be the interest rate provided by the valuation manual.

(l) Notwithstanding any other provision of this article, an insurer that refiles nonforfeiture values or refiles the method of calculating nonforfeiture values for a policy form that has been previously approved need not refile any other provision of the policy form if the refiling only involves a change in the interest rate or mortality table used to calculate nonforfeiture values.
Md. Code, Business Regulation § 16-3B-01 — MD Code / Article gbr / Title 16 / Subtitle 3B / Section 16-3B-01
§16–3B–01.
Status: in_force

(a) A person may not violate a regulation adopted by the Executive Director that applies to a person who sells cigarettes at retail.

(b) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine of $100.
Md. Code, Business Occupations and Professions § 16-213 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-213
§16–213.
Status: in_force

(a) The Commission shall issue at least annually a roster that shows:

(1) the name of each licensed real estate appraiser trainee, licensed real estate appraiser, certified real estate appraiser, and licensed home inspector; and

(2) the name and place of business of each licensed real estate appraiser, certified real estate appraiser, and licensed home inspector.

(b) On request, the Commission shall make available to the public a copy of the roster at a reasonable price that the Commission sets.
Md. Code, Environment § 16-310 — MD Code / Article gen / Title 16 / Subtitle 3 / Section 16-310
§16–310.
Status: in_force

The court exercising equity jurisdiction in the county where the land or any part of the land is located may restrain any violation of this subtitle in an action brought by the Department or any authorized unit or officer of the Department.
Md. Code, Election Law § 16-1004 — MD Code / Article gel / Title 16 / Subtitle 10 / Section 16-1004
§16–1004.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the Attorney General may institute an action in a circuit court of the State for injunctive relief in accordance with the Maryland Rules to prohibit a person from committing an imminent violation or continuing to commit a violation of § 16–201 of this title.

(2) (i) This paragraph applies if the Attorney General is a candidate in a contest on the ballot in an election.

(ii) The Attorney General may not seek injunctive relief under paragraph (1) of this subsection if a violation of § 16–201 of this title is committed by:

1. the Attorney General;

2. a person acting on behalf of the Attorney General;

3. a candidate who is opposing the Attorney General in a contest on the ballot; or

4. a person acting on behalf of a candidate who is opposing the Attorney General in a contest on the ballot.

(iii) The State Prosecutor may seek injunctive relief in accordance with this section in any circumstance in which the Attorney General is prohibited from seeking injunctive relief under subparagraph (ii) of this paragraph.

(b) Injunctive relief may be granted under this section only:

(1) to prevent a violation of § 16–201 of this title from affecting a pending election; and

(2) based on a showing by clear and convincing evidence that a violation of § 16–201 of this title is imminent or is being committed.

(c) The circuit court shall hear and determine the matter as soon as practicable after filing of the application.

(d) The grant of a remedy by the circuit court under this section does not preclude any other remedy available to a person under State or federal law.

(e) The circuit court shall:

(1) have jurisdiction over any proceeding instituted in accordance with this section; and

(2) exercise its jurisdiction without regard to whether a person asserting a right under this section has exhausted any administrative or other remedy available to that person under law.

(f) (1) An appeal of a decision of the circuit court under this section shall be taken directly to the Supreme Court of Maryland within 5 days of the date of the decision.

(2) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under paragraph (1) of this subsection as expeditiously as the circumstances require.
Md. Code, Land Use § 16-307 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-307
§16–307.
Status: in_force

(a) The Commission and the exclusive representative of the bargaining unit shall engage in collective bargaining.

(b) Subsection (a) of this section does not require the Commission or the exclusive representative to agree to any proposal or to make any concession.

(c) Collective bargaining may include negotiations about the terms of employee retirement systems but not about the hiring practices of the Commission.

(d) (1) (i) Collective bargaining may not begin later than September 1 before the beginning of a fiscal year for which a collective bargaining agreement has not been reached between the Commission and the exclusive representative.

(ii) Collective bargaining shall conclude on or before the following February 4 or any later date determined by mutual agreement of the parties.

(2) During the period between the dates set in paragraph (1)(i) and (ii) of this subsection, the parties shall negotiate in good faith.

(e) (1) If a party to the collective bargaining considers a bargaining proposal to violate the responsibilities of the Commission under § 16–311(a) of this subtitle or the rights of employees under § 16–314 of this subtitle or to otherwise violate this subtitle, the party may petition the labor relations administrator for a determination of whether the bargaining proposal constitutes a negotiability dispute that violates this subtitle.

(2) The labor relations administrator shall resolve a negotiability dispute in accordance with the procedures for resolving an unfair labor practice charge, except that the labor relations administrator may shorten the time periods or order any appropriate expedited procedures.

(3) The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that violates this subtitle.

(4) Unless petitioned to judicial review on the basis that the decision or order is arbitrary, is capricious, or exceeds the authority of a party, any decision made or order issued under this section is final.

(f) (1) A mediator may be used during collective bargaining:

(i) on request of both parties; or

(ii) if an impasse exists, on request of either party.

(2) The mediator shall be selected by the parties from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.
Md. Code, Election Law § 16-303 — MD Code / Article gel / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) An election judge, while performing official duties at a polling place, may not willfully and knowingly:

(1) interfere in any way with the casting of a vote by a person who the election judge knows is lawfully entitled to vote at an election;

(2) fail to challenge a person who the election judge has reason to believe is not entitled to vote;

(3) refuse to follow the instructions of the election director with respect to the qualification of voters, the use of voting equipment, or the casting of votes; or

(4) obstruct the view at any time of any person, lawfully present in the polling place, who wishes to see the ballot box or voting equipment used during an election.

(b) An election judge who violates this section is guilty of a misdemeanor and subject to imprisonment for not less than 3 months nor more than 2 years.
Md. Code, Business Occupations and Professions § 16-506 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-506
§16–506.
Status: in_force

(a) Except as otherwise provided in § 16-506.1 of this subtitle, an applicant who otherwise qualifies for a certificate is entitled to be examined as provided in this section.

(b) The Commission periodically shall give examinations to qualified applicants at the times and places that the Commission determines.

(c) The Commission shall give each qualified applicant notice of the time and place of examination.

(d) To take an examination, an applicant shall pay an examination fee to the Commission or the Commission’s designee in an amount not to exceed the cost of the examination as established by the Commission.

(e) (1) Except as otherwise provided in this subsection, the Commission shall determine the scope and the passing score for examinations given under this subtitle.

(2) The form of an examination shall be written.

(3) An examination shall test knowledge of:

(i) technical terms commonly used in real estate appraising and economic concepts applicable to real estate;

(ii) real estate appraisal theory and practice and real estate appraisal process;

(iii) standards for the development and communication of real estate appraisals;

(iv) standards of conduct that the Commission adopts under § 16-208 of this title;

(v) theories of depreciation, cost estimating, methods of capitalization, the mathematics of real estate appraisal, and other principles that are appropriate for the certificate for which the applicant applies;

(vi) basic real estate law; and

(vii) misconduct for which disciplinary proceedings may be started against a certified real estate appraiser for residential real estate or a certified real estate appraiser for general real estate.
Md. Code, Local Government § 16-504 — MD Code / Article glg / Title 16 / Subtitle 5 / Section 16-504
§16–504.
Status: in_force

(a) If on or before January 1, 2020, the Federal Nuclear Regulatory Commission license for the Calvert Cliffs Nuclear Power Plant expires and is not extended or renewed, for each of the 5 taxable years following the expiration, the State shall pay as a grant to Calvert County an amount equal to the applicable percentage, specified in subsection (b) of this section, of the difference between:

(1) the product of multiplying $14,554,000 times the percentage specified for the taxable year under § 7–237(b) of the Tax – Property Article; and

(2) the sum of:

(i) $2,000,000; and

(ii) the county’s property tax revenue for the taxable year derived from personal property that is machinery or equipment used to generate electricity for sale.

(b) For purposes of determining the amount of a grant provided under subsection (a) of this section, the applicable percentage is:

(1) 100% for the first taxable year;

(2) 80% for the second taxable year;

(3) 60% for the third taxable year;

(4) 40% for the fourth taxable year; and

(5) 20% for the fifth taxable year.

(c) For each taxable year for which a grant is provided under subsection (a) of this section, the Department of Assessments and Taxation shall determine and certify to the Comptroller Calvert County’s property tax revenue for the taxable year that is derived from personal property that is machinery or equipment used to generate electricity for sale.

(d) The Comptroller shall pay to Calvert County the amount specified in subsection (a)(1) of this section in equal payments, at the end of each quarter of each taxable year for which a grant is payable.
Md. Code, Environment § 16-201 — MD Code / Article gen / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

(a) A person who is the owner of land bounding on navigable water is entitled to any natural accretion to the person’s land, to reclaim fast land lost by erosion or avulsion during the person’s ownership of the land to the extent of provable existing boundaries. The person may make improvements into the water in front of the land to preserve that person’s access to the navigable water or, subject to subsection (c), protect the shore of that person against erosion. After an improvement has been constructed, the improvement is the property of the owner of the land to which the improvement is attached. A right covered in this subtitle does not preclude the owner from developing any other use approved by the Board. The right to reclaim lost fast land relates only to fast land lost after January 1, 1972, and the burden of proof that the loss occurred after this date is on the owner of the land.

(b) The rights of any person, as defined in this subtitle, which existed prior to July 1, 1973 in relation to natural accretion of land are deemed to have continued to be in existence subsequent to July 1, 1973 to July 1, 1978.

(c) (1) Improvements to protect a person’s property against erosion shall consist of nonstructural shoreline stabilization measures that preserve the natural environment, such as marsh creation, except:

(i) In areas designated by Department mapping as appropriate for structural shoreline stabilization measures; and

(ii) In areas where the person can demonstrate to the Department’s satisfaction that such measures are not feasible, including areas of excessive erosion, areas subject to heavy tides, and areas too narrow for effective use of nonstructural shoreline stabilization measures.

(2) (i) Subject to subparagraph (ii) of this paragraph, in consultation with the Department of Natural Resources, the Department shall adopt regulations to implement the provisions of this subsection.

(ii) Regulations adopted by the Department under subparagraph (i) of this paragraph shall include a waiver process that exempts a person from the requirements of paragraph (1) of this subsection on a demonstration to the Department’s satisfaction that nonstructural shoreline stabilization measures are not feasible for the person’s property.
Md. Code, Transportation § 16-706 — MD Code / Article gtr / Title 16 / Subtitle 7 / Section 16-706
§16–706.
Status: in_force

The Compact Administrator described in Article VII of the Compact may not be entitled to additional compensation for service as the Administrator, but shall be entitled to reimbursement for expenses incurred in connection with the Administrator’s duties and responsibilities as Administrator, in the same manner as for expenses incurred in connection with other duties or responsibilities of the Administrator’s office or employment.
Md. Code, Commercial Law § 16-302 — MD Code / Article gcl / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

(a) Any artisan who, with the consent of the owner, has possession of goods for repair, mending, improving, dry cleaning, laundering, or other work which includes storage of goods in the case of a dry cleaner or launderer, has a lien on the goods for the costs of the work done.

(b) If the costs which give rise to the lien are due and unpaid 90 days after the work is completed or in the case of a dry cleaner or launderer goods are due to be retrieved from storage, the artisan may sell the goods to which the lien attaches at public or private sale. The artisan, launderer, or dry cleaner shall post a notice in a conspicuous place on the premises to the effect that clothing must be retrieved in 90 days or it will be subject to sale, after notice.

(c) The artisan shall give at least 30 days notice before any sale or disposal to the owner by mailing the notice to the owner at his last known address. If the owner’s address is unknown, the notice may be given by:

(1) Posting it on the door of the courthouse or on a bulletin board in the immediate vicinity of the door of the courthouse of the county in which the work was done;

(2) Publishing it once a week for two successive weeks in one or more newspapers of general circulation in the county in which the work was done; or

(3) (i) Posting it at the artisan’s place of business in a plain and prominent manner, provided that the notice is imprinted on a sign that is clearly visible and states that the goods may be sold on or after 90 days from the day the work is completed; and

(ii) Imprinting the notice on the receipt or invoice given to the owner or the owner’s agent.

(d) (1) The proceeds of the sale shall be applied, in the following order, to:

(i) The expenses of the sale; and

(ii) The amount of the lien claim.

(2) After application of the proceeds in accordance with paragraph (1) of this subsection, any remaining balance shall be paid to the owner of the goods.

(e) As an alternative to (b) and (c) above, if the costs which give rise to the lien are due and unpaid 6 months after dry-cleaned or laundered goods are due to be retrieved from storage, the dry cleaner or launderer may dispose of the goods in any manner. The artisan, launderer, or dry cleaner shall post a notice in a conspicuous place on the premises to the effect that clothing must be retrieved in 6 months or the goods may be disposed of.
Md. Code, Business Occupations and Professions § 16-705.1 — MD Code / Article gbo / Title 16 / Subtitle 7 / Section 16-705.1
§16–705.
Status: in_force

§16–705.1.

Unless authorized under this title to provide home inspection services, a person may not represent to the public, by use of a title, including “licensed home inspector”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide home inspection services in the State.
Md. Code, Insurance § 16-508 — MD Code / Article gin / Title 16 / Subtitle 5 / Section 16-508
§16–508.
Status: in_force

(a) This section applies to a determination of the benefits calculated under § 16-506 or § 16-507 of this subtitle for an annuity contract that allows an election to have annuity payments begin at optional maturity dates.

(b) The maturity date of an annuity contract described in subsection (a) of this section shall be deemed to be the latest date for which an election is allowed under the contract, but may not be later than the later of the contract anniversary immediately following the annuitant’s 70th birthday or the tenth anniversary of the contract.
Md. Code, Education § 16-505.2 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-505.2
§16–505.
Status: in_force

§16–505.2.

On or before December 1 each year, the Board of Trustees shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Energy, and the Environment Committee and the House Appropriations Committee of the General Assembly regarding its progress in implementing the duties and responsibilities listed under § 16–505(c) of this subtitle.
Md. Code, Transportation § 16-905 — MD Code / Article gtr / Title 16 / Subtitle 9 / Section 16-905
§16–905.
Status: in_force

The provisions of this subtitle do not prohibit or limit the application of any law to a criminal or motor vehicle violation by an individual who has or claims immunities or privileges under Title 22, Chapter 6 of the United States Code.
Md. Code, Transportation § 16-104.2 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-104.2
§16–104.
Status: in_force

§16–104.2.

(a) On application, the Administration shall issue a moped operator’s permit to an applicant who:

(1) Is 16 years of age or older;

(2) Does not possess a valid driver’s license issued by this State or any other jurisdiction, but whose license or privilege to drive is not revoked, suspended, refused, or canceled;

(3) Provides satisfactory documentary evidence that the applicant has lawful status; and

(4) (i) Provides satisfactory documentary evidence that the applicant has a valid Social Security number by presenting the applicant’s Social Security Administration account card or, if the Social Security Administration account card is not available, any of the following documents bearing the applicant’s Social Security number:

1. A current W–2 form;

2. A current SSA–1099 form;

3. A current non–SSA–1099 form; or

4. A current pay stub with the applicant’s name and Social Security number on it; or

(ii) Provides satisfactory documentary evidence that the applicant is not eligible for a Social Security number.

(b) An applicant is entitled to receive a moped operator’s permit if the applicant:

(1) Passes the examination provided for in § 16–110(c)(1) of this subtitle;

(2) Pays the fee provided for in this section; and

(3) Provides the documentary evidence described in subsection (a) of this section.

(c) Each application for a moped operator’s permit shall be on a form and contain the information that the Administration requires and each permit issued shall be of a size, design, and content that the Administration specifies.

(d) (1) A permit is not valid unless the applicant signs the applicant’s name on it in the applicant’s usual signature.

(2) When issued and signed, a moped operator’s permit only authorizes its holder to operate a moped, as defined in § 11–134.1 of this article or a motor scooter, as defined in § 11–134.5 of this article.

(e) (1) Subject to paragraph (2) of this subsection, a moped operator’s permit expires at the end of a period of not more than 5 years determined in regulations adopted by the Administration.

(2) (i) If an applicant has temporary lawful status, the Administration may not issue a moped operator’s permit to the applicant for a period that extends beyond the expiration date of the applicant’s authorized stay in the United States or, if there is no expiration date, for a period longer than 1 year.

(ii) Nothing contained in this paragraph may be construed to allow the issuance of a moped operator’s permit for a period longer than the period described in paragraph (1) of this subsection.

(iii) The Administration shall indicate on the face and in the machine–readable zone of a temporary moped operator’s permit issued under this paragraph that the permit is a temporary moped operator’s permit.

(3) It may be renewed on application and payment of the fee required by subsection (f) of this section.

(f) (1) For issuance or renewal of a moped operator’s permit, an applicant shall pay the Administration a fee established by the Administration.

(2) For issuance of a duplicate moped operator’s permit, an applicant shall pay the Administration a fee established by the Administration.
Md. Code, Business Occupations and Professions § 16-101 — MD Code / Article gbo / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

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

(b) (1) “Appraisal” means an analysis, conclusion, or opinion about the nature, quality, utility, or value of interests in or aspects of identified real estate.

(2) “Appraisal” includes:

(i) a valuation appraisal;

(ii) an analysis assignment; and

(iii) a review assignment.

(3) “Appraisal” does not include an opinion to a potential seller or third party by a person licensed under Title 17 of this article about the recommended listing price or recommended purchase price of real estate, provided that the opinion is not referred to as an appraisal.

(c) “Appraisal report” means any communication, oral or written, of an appraisal.

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

(e) (1) “Certificate” means, unless the context requires otherwise, a certificate issued by the Commission that allows an individual to provide certified real estate appraisal services.

(2) “Certificate” includes, unless the context requires otherwise, each of the following certificates:

(i) a certificate to provide certified real estate appraisal services for general real estate; and

(ii) a certificate to provide certified real estate appraisal services for residential real estate.

(f) “Certified appraisal report” means an appraisal report prepared and signed by a certified real estate appraiser.

(g) (1) “Certified real estate appraiser” means, unless the context requires otherwise, an individual who is certified by the Commission to provide certified real estate appraisal services.

(2) “Certified real estate appraiser” includes:

(i) a certified real estate appraiser for general real estate; and

(ii) a certified real estate appraiser for residential real estate.

(h) “Commission” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.

(i) “Home inspection” means a written evaluation of one or more of the components of an existing residential building, including the heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, exterior and interior components, or any other related residential housing component.

(j) “Home inspector” means an individual who provides home inspection services for compensation.

(k) “License” means, unless the context requires otherwise, a license issued by the Commission to provide real estate appraisal services or to provide home inspection services.

(l) “Licensed home inspector” means an individual who is licensed by the Commission to provide home inspection services.

(m) “Licensed real estate appraiser” means an individual who is licensed by the Commission to provide real estate appraisal services.

(n) “Provide certified real estate appraisal services” means to provide real estate appraisal services as a certified real estate appraiser.

(o) “Provide home inspection services” means to provide home inspection services as a licensed home inspector.

(p) “Provide real estate appraisal services” means to make for consideration an appraisal of real estate or prepare or sign an appraisal report in connection with a federally related transaction, as defined in the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

(q) (1) “Real estate” means any interest in real property that is located in the State or elsewhere.

(2) “Real estate” includes:

(i) an interest in a condominium; and

(ii) a time–share estate or a time–share license, as those terms are defined in § 11A–101 of the Real Property Article.

(r) “Real estate appraiser trainee” means an individual who is licensed by the Commission to provide real estate appraisal services while:

(1) under the supervision of a supervising appraiser; and

(2) in training to become a licensed real estate appraiser or certified real estate appraiser.

(s) “Supervising appraiser” means a certified residential real estate appraiser or a certified general real estate appraiser who has the responsibility of supervising one or more real estate appraiser trainees.

(t) (1) “Supervision” means the responsibility of a supervising appraiser to provide on–site direction or immediately available direction, through written instructions or by electronic means, to real estate appraiser trainees performing real estate appraisal services.

(2) “Supervision” includes a supervising appraiser accepting direct responsibility for a real estate appraisal prepared by the real estate appraiser trainee while the trainee is under the supervising appraiser’s direction on a specific appraisal assignment.
Md. Code, Business Occupations and Professions § 16-304.1 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-304.1
§16–304.
Status: in_force

§16–304.1.

(a) The Commission may use a testing service to administer the examinations given under this subtitle.

(b) If the Commission uses a testing service, the testing service, subject to the requirements set by the Commission, may:

(1) set the time and place of examinations;

(2) give qualified applicants notice of the time and place of examinations; and

(3) furnish any other information that the Commission may require the testing service to provide.
Md. Code, Insurance § 16-301 — MD Code / Article gin / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

(a) This subtitle does not apply to:

(1) reinsurance;

(2) group life insurance;

(3) a pure endowment;

(4) an annuity contract or reversionary annuity contract;

(5) a term policy of a uniform amount that:

(i) does not provide guaranteed nonforfeiture or endowment benefits or provide for renewal;

(ii) is for 20 years or less and expires before the insured’s age 71; and

(iii) requires uniform premiums, payable during the entire term of the policy;

(6) a term policy of a decreasing amount:

(i) that does not provide guaranteed nonforfeiture or endowment benefits; and

(ii) on which the adjusted premium, calculated under the applicable provisions of §§ 16-307 through 16-309 of this subtitle, is less than the adjusted premium on a policy or renewal of a policy of a uniform amount if the policy of the uniform amount:

1. does not provide guaranteed nonforfeiture or endowment benefits;

2. is issued at the same age and for the same initial amount of insurance;

3. is for 20 years or less and expires before the insured’s age 71; and

4. requires uniform premiums, payable during the entire term of the policy; or

(7) a policy that:

(i) does not provide guaranteed nonforfeiture or endowment benefits; and

(ii) has a cash surrender value or present value for any paid-up nonforfeiture benefit, at the beginning of any policy year, calculated under the applicable provisions of §§ 16-305 through 16-309 of this subtitle, that does not exceed 1.5% of the amount of insurance at the beginning of the same policy year.

(b) For purposes of determining the applicability of this subtitle, the age at expiry for a joint term life insurance policy is the age at expiry of the oldest life.
Md. Code, Education § 16-705 — MD Code / Article ged / Title 16 / Subtitle 7 / Section 16-705
§16–705.
Status: in_force

(a) In this section, “new employee processing” means the process for a newly hired public employee, whether in–person, online, or through other means, in which new public employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment–related matters.

(b) (1) (i) A public employer shall provide the exclusive representative access to new employee processing.

(ii) Except as provided in subparagraph (iii) of this paragraph, a public employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.

(iii) A public employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public employer’s new employee processing that was not reasonably foreseeable.

(2) (i) The structure, time, and manner of the access required in paragraph (1) of this subsection shall be determined through negotiations between the public employer and the exclusive representative in accordance with § 16–706 of this subtitle.

(ii) When negotiating access to new employee processing under subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days after the first meeting of the public employer and the exclusive representative, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse under § 16–707 of this subtitle.

(iii) In an impasse proceeding under § 16–707 of this subtitle, the mediator or Board shall consider:

1. The ability of the exclusive representative to communicate with the public employees it represents;

2. The legal obligations of the exclusive representative to the public employees;

3. Applicable State, federal, and local laws;

4. Any stipulations of the parties;

5. The interests and welfare of the public employees and the financial condition of the public employer;

6. The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public employers, including the access provisions in other memoranda of understanding or collective bargaining agreements; and

7. Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.

(3) (i) A request to negotiate under paragraph (2) of this subsection made between September 1, 2022, and the expiration date of an existing collective bargaining agreement between the parties shall reopen the existing collective bargaining agreement only for the purpose of negotiating the access of the exclusive representative to the public employer’s new employee processing.

(ii) Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public employer’s new employee processing in lieu of reopening the existing collective bargaining agreement.

(c) This section does not prohibit a public employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.
Md. Code, Election Law § 16-803 — MD Code / Article gel / Title 16 / Subtitle 8 / Section 16-803
§16–803.
Status: in_force

(a) A person may not remove, deface, or destroy equipment or supplies placed in a polling place by election officials during an election.

(b) A person who violates this section is guilty of a felony and is subject to a fine of not more than $10,000 or imprisonment for not more than 3 years or both.
Md. Code, Transportation § 16-817 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-817
§16–817.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, the Administration may not issue a commercial driver’s license or a commercial driver’s instructional permit to any individual:

(1) Who is not a resident of Maryland; and

(2) Who is not at least 21 years of age.

(b) The Administration may issue a Class A, B, or C commercial driver’s license or a commercial driver’s instructional permit to an individual under the age of 21, if the individual is at least 18 years of age. The license:

(1) May not include a hazardous materials endorsement;

(2) May not be valid for commercial interstate operation except as permitted by 49 C.F.R. Parts 390 to 399; and

(3) Shall be valid for commercial intrastate and all noncommercial operation.

(c) Consistent with the Code of Federal Regulations, the Administration may issue a commercial driver’s license to an applicant domiciled in a foreign country.
Md. Code, Agriculture § 16-104 — MD Code / Article gag / Title 16 / Subtitle 1 / Section 16-104
§16–104.
Status: in_force

§16–104. ** CONTINGENCY – IN EFFECT – CHAPTER 131 OF 2019 **

(a) A covered farm, including a farm that has a qualified exemption, shall:

(1) Keep and maintain accurate records in accordance with the requirements of the Program; and

(2) Make any record required to be kept under item (1) of this subsection available to the Secretary on request.

(b) (1) Except as provided in paragraph (2) of this subsection, any record submitted to the Secretary under subsection (a) of this section is confidential and not subject to disclosure under the Maryland Public Information Act.

(2) The Secretary may disclose records:

(i) To the U.S. Food and Drug Administration; and

(ii) In any enforcement proceeding by the Secretary.
Md. Code, Land Use § 16-317 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-317
§16–317.
Status: in_force

(a) Any charge that the Commission, an employee, or an employee organization has engaged in an unfair labor practice shall:

(1) be in writing;

(2) state concisely and simply the facts that are asserted or, if the facts cannot be stated in detail, the issues that are involved; and

(3) be served personally on the party alleged to have engaged in the unfair labor practice within 180 days after the alleged unfair labor practice occurred.

(b) If the party charging an unfair labor practice and the party charged are unable to resolve the matter, the charge shall be submitted to an umpire.

(c) (1) The Commission shall appoint the umpire from a list of five nominees agreed on by the exclusive representative and the Executive Director of the Commission.

(2) The umpire shall serve for a 2–year term and is eligible for reappointment.

(d) The umpire may not be otherwise employed by the Commission or the exclusive representative.

(e) The power of the umpire is exclusive.

(f) The technical rules of evidence do not apply.

(g) The umpire:

(1) shall investigate and attempt to resolve, as provided in this subtitle, a charge of engaging in an unfair labor practice;

(2) shall defer to any valid grievance procedure adopted by the Commission and the exclusive representative for the resolution of disputes subject to the grievance procedure, unless the deferral would result in a violation of the purposes of this subtitle;

(3) shall defer to the Law Enforcement Officers’ Bill of Rights for the resolution of disputes subject to that law;

(4) shall recognize fundamental distinctions between private and public employment; and

(5) may not regard State or federal law that is applicable to private employment as controlling precedent.

(h) (1) Based on the preponderance of the evidence, the umpire shall submit written findings of fact and conclusions of law to the parties within 40 days after the day on which the umpire is appointed.

(2) If the umpire determines that a party named in the charges has engaged or is engaging in an unfair labor practice, the umpire shall issue an order requiring the party to cease the practice.

(3) An order may:

(i) include any remedy, including reinstatement of an employee with or without back pay;

(ii) require periodic reports on the extent to which the party found to have engaged in an unfair labor practice has complied with the order; and

(iii) be designed to prevent future unfair labor practices.

(i) (1) Within 30 days after the issuance of a final order, a party who is aggrieved by a final decision of an umpire may file a petition for judicial review of the decision with the Circuit Court for Montgomery County or the Circuit Court for Prince George’s County.

(2) The circuit court may not consider evidence that was not offered in the proceeding before the umpire unless the court determines that the failure to offer the evidence should be excused because of extraordinary circumstances.

(3) The circuit court may not overturn the umpire’s decision unless the court finds that the umpire’s decision is not supported by substantial evidence.

(j) Unless otherwise provided by written agreement, the parties shall share equally the costs of the umpire’s services.

(k) (1) A party charging an unfair labor practice may petition the Circuit Court for Montgomery County or the Circuit Court for Prince George’s County for enforcement of an order of an umpire.

(2) Unless a petition for judicial review has been filed in accordance with subsection (i) of this section, a petition for enforcement of an order of an umpire may not be used to obtain judicial review of the final decision of the umpire.
Md. Code, Local Government § 16-201 — MD Code / Article glg / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

The county treasurer, comptroller, tax collector, or other similar officer of each county shall have the right to succession in that office.
Md. Code, Commercial Law § 16-503 — MD Code / Article gcl / Title 16 / Subtitle 5 / Section 16-503
§16–503.
Status: in_force

(a) Any person who takes boarders or lodgers into his house has a lien on the furniture or other property which the boarder or lodger has on the person’s premises for the contract price due or to become due for the room or board furnished.

(b) The person may retain possession of the property to which the lien attaches until all charges due or to become due to him are paid.

(c) If the charges which give rise to the lien are unpaid after they become due, the person may sell the property to which the lien attaches at public or private sale.

(d) The person shall give at least 10 days reasonable notice of the sale to the boarder or lodger.

(e) (1) The proceeds of the sale shall be applied, in the following order, to:

(i) The expenses of the sale; and

(ii) The amount of the lien claim.

(2) After application of the proceeds in accordance with paragraph (1) of this subsection, any remaining balance shall be paid to the boarder or lodger.
Md. Code, Insurance § 16-302 — MD Code / Article gin / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

The operative date of this subtitle is:

(1) a date from June 2, 1947, to April 29, 1949, both inclusive, as specified by the insurer if the insurer filed with the Commissioner written notice of an election to comply with this subtitle on a date before April 30, 1949;

(2) a date from May 1, 1949, to January 1, 1950, both inclusive, if allowed by the Commissioner; or

(3) April 30, 1949.
Md. Code, State Finance and Procurement § 16-302 — MD Code / Article gsf / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

(a) The clerk of each circuit court shall send to the Board a certified copy of:

(1) each judgment of conviction of bribery, attempted bribery, or conspiracy to bribe; and

(2) each docket entry showing an acceptance of a plea of nolo contendere for bribery, attempted bribery, or conspiracy to bribe, or imposition of probation before judgment for any such offense.

(b) During an investigation or other proceeding, if a person admits an act or omission that would subject that person to debarment under § 16-202(b)(3) or § 16-203(b) of this title, the prosecuting officer of the public body who has responsibility for the proceeding shall send to the Board a copy or summary of the written statement or transcript reflecting the admission as soon as the officer determines that the transmission will not prejudice a pending or anticipated investigation or other proceeding.

(c) Each unit shall report to the Board information showing a cause for debarment under § 16-203(d) of this title.
Md. Code, Transportation § 16-701 — MD Code / Article gtr / Title 16 / Subtitle 7 / Section 16-701
§16–701.
Status: in_force

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

(b) “Article” means an article of the Driver License Compact.

(c) “Compact” means the Driver License Compact.

(d) “Executive head”, with reference to this State, means the Governor.

(e) “Licensing authority”, with reference to this State, means the Administration.
Md. Code, Environment § 16-307 — MD Code / Article gen / Title 16 / Subtitle 3 / Section 16-307
§16–307.
Status: in_force

(a) (1) Any person proposing to conduct on any wetland an activity not authorized by the regulations adopted under the provisions of § 16–302 of this subtitle shall apply for a permit with the Secretary, on the form the Secretary prescribes.

(2) The application shall include a detailed description of the proposed work and a map showing the areas of wetland directly affected, the location of the proposed work, and the names of the owners of record of adjacent land, and every claimant of water rights in or adjacent to the wetland known to the applicant.

(3) (i) Within 30 days after receipt of an application, the Secretary shall notify the applicant, in writing, of the extent of State wetlands involved in the proposed activity and indicate the method of compliance with the license requirements of § 16–202 of this title.

(ii) If the applicant claims that any part of the designated State wetlands is private wetlands by virtue of the existence of a valid grant, lease, or patent, or a grant confirmed by Article 5 of the Maryland Declaration of Rights, the Secretary shall investigate and determine the validity of the claim and notify the applicant of the Secretary’s determination.

(iii) If, within 30 days after receipt of the Secretary’s determination, the applicant files with the Secretary a written objection to the determination, the Secretary shall promptly institute an appropriate judicial proceeding to determine whether the land or part of the land covered by the application in dispute, is State or private wetland. The State shall bear the cost of the proceeding.

(4) The Secretary shall mail a copy of the application to the chief administrative officer in the county where the proposed work or any portion is located.

(5) (i) No later than 30 days after receipt of the application, the Secretary shall issue public notice of the opportunity to submit written comments or to request a hearing.

(ii) A hearing shall be held if requested.

(iii) A hearing required under this section may be held using teleconference or Internet–based conferencing technology.

(iv) If an electric company, as defined in § 1–101 of the Public Utilities Article, applies to the Public Service Commission for a certificate of public convenience associated with power plant construction which involves private wetlands, the hearing and permit procedure shall be in accordance with § 3–306 of the Natural Resources Article.

(v) At a requested hearing any person may appear and give testimony.

(6) Every permit application, map, or document shall be open for public inspection at the offices of the Secretary and the chief administrative officer in the county.

(7) A person may not reapply until after the expiration of 18 months from the date of the denial of a prior application or the final determination of an appeal from the denial.

(b) In granting, denying, or limiting any permit, the Secretary or the Secretary’s designated hearing officer shall consider the effect of the proposed work with reference to the public health and welfare, marine fisheries, shellfisheries, wildlife, economic benefits, the protection of life and property from flood, hurricane, and any other natural disaster, and the public policy set forth in this title. In granting a permit the Secretary may impose conditions or limitations designed to carry out the public policy set forth in this title. The Secretary may require a bond in an amount and with surety and conditions satisfactory to the Secretary, to secure compliance with any condition or limitation in the permit. The Secretary may suspend or revoke a permit if the Secretary finds that the applicant has not complied with any condition or limitation in the permit or has exceeded the scope of the work as set forth in the application. The Secretary shall state on the record the Secretary’s findings and reasons for any action taken under this subsection.

(c) The Secretary shall render a decision within 30 days after the public comment period. Failure to act in conformance with either of these requirements is automatic approval of the application for permit as submitted.

(d) The Secretary shall provide opportunity for judicial review in accordance with the provisions of § 5–204 of this article.
Md. Code, Education § 16-505 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-505
§16–505.
Status: in_force

(a) In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Commission, the Board of Trustees has the powers and duties set forth in this section.

(b) (1) The Board of Trustees shall exercise general control over the College and establish broad policy and long–range planning to effect the efficient operation of the College.

(2) The Board of Trustees may not participate in the day–to–day operations of the College.

(c) (1) The Board of Trustees shall:

(i) On or before December 1, 2018, review, revise, and update the strategic plan for the College;

(ii) Review and strategically align core course offerings of the College, consistent with accreditation requirements, and focused on the needs of:

1. Students at the College; and

2. The workforce in Baltimore City;

(iii) Make workforce development and job placement top educational priorities of the College;

(iv) Improve student pathways to success, including remedial education, attainment of a degree or a postsecondary certificate, and transfer to 4–year institutions of higher education;

(v) Enter into memoranda of understanding in order to establish student pathways to success with the Baltimore City Public School System, institutions of higher education, and employers;

(vi) Align the budget of the College with realistic enrollment projections;

(vii) Engage in a comprehensive review of all positions, faculty, and staff at the College;

(viii) Establish strong relationships with key stakeholders, including:

1. The Mayor of Baltimore City;

2. The Mayor’s Office of Employment Development;

3. The Baltimore City Public School System;

4. Institutions of higher education located in Baltimore City;

5. State agencies, including the Maryland Department of Labor;

6. Private employers; and

7. Business and community organizations;

(ix) Develop and market a brand for the College;

(x) Address the information technology and infrastructure needs of the College, including whether oversight by the Department of Information Technology is advisable;

(xi) Develop or sell all unused or underutilized real estate holdings, including the Inner Harbor site;

(xii) Identify any barriers in State or local laws or regulations that impede the ability of the College to operate efficiently and effectively, including procurement and capital construction projects;

(xiii) Adopt reasonable rules, regulations, and bylaws to carry out the provisions of this subtitle and §§ 10–204 and 10–211 of this article; and

(xiv) Keep separate records and minutes.

(2) Except with respect to skilled service employee grievance appeals, Title 10, Subtitles 1 and 2 of the State Government Article (“Administrative Procedure Act”) does not apply to the Board of Trustees.

(d) (1) Subject to the provisions of paragraph (2) of this subsection and the provisions of § 16–511(d)(3) of this subtitle, the Board of Trustees may receive, purchase, lease, or otherwise acquire property it considers necessary or useful for the operation of the College.

(2) Subject to appropriations and the prior approval of the Board of Public Works, the Board of Trustees may receive, purchase, lease, or otherwise acquire real property.

(e) (1) The Board of Trustees may sell, lease, encumber, or otherwise dispose of assets or property of the College, other than any real property, improvement to real property, or license.

(2) Subject to the prior approval of the Board of Public Works, the Board of Trustees may sell, lease, encumber, or otherwise dispose of any real property, improvement to real property, or license of the College.

(3) (i) All proceeds and income from any sale, lease, disposition, encumbrance, or development of any property, right, or interest of the College shall be used for the benefit of the College and may not revert to the general funds of the State or be applied to the Annuity Bond Fund of the State.

(ii) 1. The proceeds and income from the sale of any real property, improvement to real property, or license of the College shall be deposited in a special fund.

2. The principal of the special fund may be used for capital expenditures, subject to the approval of the Board of Public Works on a pay–as–you–go basis, and may not be used to pay the operating expenses of the College.

3. The Board of Trustees shall develop the commercial potential of the Inner Harbor site or determine that the Inner Harbor site should be sold to maximize revenue to the College without jeopardizing the educational mission of the College.

(f) The Board of Trustees may apply for, accept, and spend any gift or grant from any government, foundation, or person.

(g) (1) The Board of Trustees shall fix the tuition and fees to be paid by students and shall do so with a view to making college education available at low cost.

(2) (i) Except as otherwise provided in paragraph (4) of this subsection, the Board of Trustees shall assess each student who is not a resident of this State, in addition to the student tuition and fees paid by residents, an out–of–state fee at least equal to 60 percent of the amount of State support for the College per full–time equivalent student.

(ii) The Board of Trustees may waive the out–of–state fee as determined in subparagraph (i) of this paragraph for a student who is employed by a business located in the City of Baltimore.

(iii) Any student attending the College who receives a tuition waiver as provided by subparagraph (ii) of this paragraph shall not be included as an in–State resident for computation of State aid to the College in accordance with § 16–512 of this subtitle.

(iv) The Board of Trustees may waive the out–of–state fee as determined in subparagraph (i) of this paragraph for a student who resides in the State but does not meet the in–State residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of the Base Realignment and Closure process as announced by the United States Department of Defense.

(v) Any student attending the College who receives a tuition waiver under subparagraph (iv) of this paragraph shall be included as an in–State resident for computation of State aid to the College in accordance with § 16–512 of this subtitle.

(3) For purposes of this subsection, the number of full–time equivalent students is the quotient of the number of student credit hours produced in the fiscal year divided by 30.

(4) A student who is not a resident of the State shall be considered a resident for purposes of assessing tuition and fees to the extent that such student would be eligible for in–county status under the provisions of § 16–310(a)(4) or (f) of this title.

(5) The Board of Trustees shall set tuition and fees for students who are residents of counties in this State other than Baltimore City at the same rate as the tuition and fees charged to students who reside in Baltimore City.

(h) (1) In accordance with § 16–505.1 of this subtitle, the Board of Trustees shall appoint a President of the College who shall be the Chief Executive Officer of the College and the Chief of Staff for the Board of Trustees.

(2) The Board of Trustees may create other offices in the College and provide for the appointment of qualified persons to those offices.

(3) (i) The Board of Trustees shall appoint an interim president to carry out the duties of the President within 90 days after the office of the President becomes vacant.

(ii) The interim president may not be a member of the Board of Trustees.

(4) (i) Notwithstanding any other provision of law, the Board of Trustees may create any position to the extent that the cost of the position, including any fringe benefit costs, is funded from grant or special project funds.

(ii) The Board of Trustees shall abolish a position created under this paragraph when the grant or special project funds are insufficient to fund the cost of the position, including any fringe benefit costs.

(iii) This paragraph may not be construed to require any additional State General Fund support.

(iv) By September 1 of each year, the Board of Trustees shall submit an annual position accountability report to the Department of Budget and Management, in accordance with § 2–1257 of the State Government Article, the Department of Legislative Services, and the Commission reporting the total positions created and the cost and the funding source for any positions created by the College in the previous fiscal year.

(v) The total number of positions authorized under this paragraph shall be limited as specified annually in the State budget bill.

(i) Subject to the authority of the Commission, the Board of Trustees may:

(1) Establish entrance requirements for the College;

(2) Approve courses and programs;

(3) Adopt and change curricula;

(4) Establish and change requirements for the awarding of credits and degrees and for graduation;

(5) Work with the Commission to establish cooperative program agreements that qualify as statewide programs in accordance with § 16–310(d) of this title; and

(6) Develop effective relationships and cooperative programs with the Baltimore City Public School System to assure that high school students are encouraged to enroll in the College.

(j) The Board of Trustees may fix the salaries and terms of employment of the President, faculty, and officers of the College.

(k) In addition to any performance evaluation required by regulation of the Department of Budget and Management, the Board of Trustees shall evaluate the performance of the faculty of the College in a form developed in cooperation with the Commission.

(l) The Board of Trustees may enter into contracts or delegate that authority to the President.

(m) On the recommendation of the President, the Board of Trustees shall designate one or more representatives to participate as a party in collective bargaining on behalf of the College in accordance with Title 3 of the State Personnel and Pensions Article.
Md. Code, Health Occupations § 16-303 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) To apply for a license, an applicant shall:

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

(2) Pay to the Board the application fee set by the Board; and

(3) Submit to a State and national criminal history records check in accordance with § 16–302.1 of this subtitle.

(b) If the applicant is licensed and has practiced in another state, the applicant shall submit proof of practice that is sufficient to demonstrate current clinical proficiency, as specified in regulations adopted by the Board.
Md. Code, Insurance § 16-401 — MD Code / Article gin / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

(a) Except as otherwise provided in this section, an annuity contract or pure endowment contract may not be delivered or issued for delivery in the State unless it contains in substance each applicable provision required by §§ 16-402 through 16-407 of this subtitle.

(b) This section does not apply to:

(1) reversionary annuities or survivorship annuities;

(2) group annuities; or

(3) contracts for deferred annuities included in or on the lives of beneficiaries under policies of life insurance.

(c) To the extent that a provision required by this subtitle does not apply to a single premium annuity contract or single premium pure endowment contract, the provision need not be included in the annuity contract or pure endowment contract.
Md. Code, Transportation § 16-206 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-206
§16–206.
Status: in_force

(a) (1) The Administration may suspend, revoke, or refuse to issue or renew the license of any resident or the privilege to drive of any nonresident on a showing by its records or other sufficient evidence that the applicant or licensee:

(i) Has been convicted of moving violations so often as to indicate an intent to disregard the traffic laws and the safety of other persons on the highways;

(ii) Is an unfit, unsafe, or habitually reckless or negligent driver of a motor vehicle;

(iii) Has permitted an unlawful or fraudulent use of a license, identification card, or a facsimile of a license or identification card;

(iv) Has used a license, identification card, or a facsimile of a license or identification card in an unlawful or fraudulent manner, unless the applicant or licensee is subject to the provisions of subsection (c) of this section;

(v) Has committed an offense in another state that, if committed in this State, would be grounds for suspension or revocation; or

(vi) Has knowingly made a false certification of required security in any application for a certificate of title or for the registration of a vehicle.

(2) The Administration may suspend a license to drive of an individual who fails to attend:

(i) A driver improvement program or an alcohol education program required under § 16–212 of this subtitle; or

(ii) A private alternative program or an alternative program that is provided by a political subdivision of this State under § 16–212 of this subtitle.

(3) The Administration may suspend or revoke a provisional license under § 16–213 of this subtitle.

(4) (i) Pursuant to a court order under § 4–503, § 9–504, or § 9–505 of the Criminal Law Article, the Administration:

1. Shall initiate an action to suspend the driver’s license or driving privilege of an individual for a time specified by the court; and

2. May issue a restricted license that is limited to driving a motor vehicle:

A. For the purpose of attending an alcohol education or alcoholic prevention or treatment program;

B. That is required in the course of employment;

C. For the purposes of driving to or from a place of employment if the individual’s employment would be adversely affected because the individual has no reasonable alternative means of transportation to or from the place of employment; or

D. For the purposes of driving to or from school or any other place of educational instruction if the individual’s education would be adversely affected because the individual has no reasonable alternative means of transportation for educational purposes.

(ii) If an individual subject to a suspension under subparagraph (i) of this paragraph does not possess the privilege to drive on the date of the disposition, the suspension shall commence:

1. If the individual is at an age that is eligible to obtain the privilege to drive on the date of the disposition, on the date of the disposition; or

2. If the individual is younger than an age that is eligible to obtain the privilege to drive on the date of the disposition, on the date the individual is eligible to obtain driving privileges.

(5) (i) The Administration may suspend the license of a person who is convicted of a moving violation that contributed to an accident resulting in the death of another person.

(ii) A suspension under this paragraph may not exceed 6 months.

(iii) This paragraph does not limit the authority of the Administration to suspend, revoke, or refuse to issue or renew a license under any other provision of law.

(b) (1) Upon notification by the clerk of the court that a child has been adjudicated delinquent for a violation of § 21–902 of this article, or that a finding has been made that a child violated § 21–902 of this article, the Administration shall suspend the license to drive of the child in accordance with § 3–8A–23(a)(4)(i) of the Courts Article.

(2) On notification by the clerk of the court that a child has been adjudicated delinquent for a violation of § 13–401(b) of this article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of this article, or that a finding has been made that a child violated § 13–401(b) of this article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of this article, the Administration shall suspend the child’s license to drive in accordance with § 3–8A–23(a)(5) of the Courts Article.

(3) If a child subject to a suspension under this subsection does not hold a license to operate a motor vehicle on the date of the disposition, the suspension shall commence:

(i) If the child is at least 16 years old on the date of the disposition, on the date of the disposition; or

(ii) If the child is younger than 16 years of age on the date of the disposition, on the date the child reaches the child’s 16th birthday.

(4) A suspension imposed under this subsection shall:

(i) Be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the adjudication of delinquency or finding that the child is in violation of § 13–401(b) of this article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, § 21–902, or § 21–904 of this article as described in this subsection; and

(ii) Receive credit for any suspension period imposed under § 16–113(f) of this title or § 16–205.1 of this subtitle that arises out of the circumstances of the violation of § 21–902 of this article described in this subsection.

(5) (i) Subject to the provisions of this paragraph, a person may request on the record that a hearing on a suspension under this subsection and any other hearing on another suspension or revocation under subsection (c) of this section, § 16–213 of this subtitle, or § 16–404 of this title that arises out of the circumstances of the conviction for a violation of § 21–902 of this article described in this subsection be consolidated.

(ii) A person who requests consolidation of hearings under this paragraph shall waive on the record each applicable notice of right to request a hearing required under Title 12, Subtitle 1 or 2 of this article or Title 10, Subtitle 2 of the State Government Article that applies to the other suspensions or revocations arising out of the same circumstances.

(iii) A hearing under this paragraph may not be postponed at the request of the person who requests consolidation of hearings under subparagraph (i) of this paragraph due to a consolidation of the hearings.

(iv) Subject to the provisions of this paragraph, the Administration shall consolidate the hearings described in this paragraph unless the administrative law judge finds in writing that good cause exists not to consolidate the hearings.

(c) (1) Pursuant to a court order under § 3–8A–19(e) of the Courts Article, the Administration shall initiate an action to suspend the driving privilege of a child for the time specified by the court.

(2) If a child subject to a suspension under § 3–8A–19(e) of the Courts Article does not hold a license to operate a motor vehicle on the date of the court order, the suspension shall commence:

(i) If the child is at least 16 years of age on the date of the disposition, on the date of the disposition; or

(ii) If the child is younger than 16 years of age on the date of the disposition, on the date the child reaches the child’s 16th birthday.

(3) (i) On receipt of a notice described under § 10–119(k) of the Criminal Law Article, the Administration shall suspend the license of an individual described under § 10–119(k) of the Criminal Law Article:

1. For a first offense, for 6 months; and

2. For a second or subsequent offense, until the individual is 21 years old or for a period of 1 year, whichever is longer.

(ii) On receipt of a notice described under § 13–401(b)(2) of this article, the Administration shall suspend the license of an individual described under § 13–401(b)(2) of this article:

1. For a first offense, for 6 months; and

2. For a second or subsequent offense, for 1 year.

(4) If an individual subject to a suspension under paragraph (3) of this subsection does not hold a license to operate a motor vehicle on the date that the individual is found guilty of the violation, the suspension shall begin on the date that the license is issued, or after the individual applies and becomes qualified to receive a license, or on the individual’s twenty–first birthday, whichever occurs first.

(5) The Administration may modify a suspension under this subsection or subsection (b) of this section or issue a restricted license if:

(i) The license is required for the purpose of attending an alcohol education or alcoholic prevention or treatment program;

(ii) The child or individual is required to drive a motor vehicle in the course of employment;

(iii) It finds that the individual’s or child’s employment would be adversely affected because the individual or child has no reasonable alternative means of transportation to or from a place of employment; or

(iv) It finds that the individual’s or child’s education would be adversely affected because the individual or child has no reasonable alternative means of transportation for educational purposes.

(d) (1) After the Administration refuses to issue a license under this section, determines that a suspension should be imposed under subsection (a)(2) of this section, or determines that a suspension or revocation should be imposed under subsection (a)(3) of this section, the Administration immediately shall give written notice to the applicant or licensee, and the applicant or licensee may request a hearing as provided in Title 12, Subtitle 2 of this article.

(2) After the Administration suspends the driver’s license or driving privilege of an individual under subsection (a)(4) of this section, the Administration shall send written notice to the individual, including notice of the individual’s right to contest the accuracy of the information.

(3) Any contest under this subsection shall be limited to:

(i) Whether the Administration has mistaken the identity of the individual whose license or privilege to drive has been suspended; and

(ii) Whether the individual may be issued a restricted license that is limited to driving a motor vehicle:

1. For the purpose of attending an alcohol education or alcoholic prevention or treatment program;

2. That is required in the course of employment;

3. For the purposes of driving to or from a place of employment if the individual’s employment would be adversely affected because the individual has no reasonable alternative means of transportation to or from the place of employment; or

4. For the purposes of driving to or from school or any other place of educational instruction if the individual’s education would be adversely affected because the individual has no reasonable alternative means of transportation for educational purposes.

(4) Except as otherwise provided in this section, the Administration may suspend or revoke a license under this section only after a hearing under Title 12, Subtitle 2 of this article.

(5) If the Administration determines that there is a likelihood of substantial and immediate danger and harm to the licensee or others if the license is continued pending a hearing, the Administration:

(i) Immediately may suspend the license;

(ii) Within 7 days of a request for a hearing, shall grant the licensee a hearing as provided in Title 12, Subtitle 2 of this article; and

(iii) After the hearing, render an immediate decision as to whether or not it should continue the suspension or revoke the license.

(e) (1) If a licensee fails to appear for a hearing after receiving the written notice under subsection (d)(1) of this section, the Administration may suspend the license until the licensee appears for a hearing.

(2) A rescheduled hearing shall be held within 30 days of the date of the request.

(f) In accordance with Title 12, Subtitle 2 of this article, the Administration shall provide notice of a suspension under subsection (a)(5) of this section and the licensee may request a hearing.
Md. Code, Transportation § 16-404.1 — MD Code / Article gtr / Title 16 / Subtitle 4 / Section 16-404.1
§16–404.
Status: in_force

§16–404.1.

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

(2) “Approved service provider” means a person who is certified by:

(i) The Administration to service, install, monitor, calibrate, and provide information on ignition interlock systems; and

(ii) A manufacturer to be qualified to service, install, monitor, calibrate, and provide information on ignition interlock systems.

(3) “Manufacturer” means a person who manufactures ignition interlock systems and who certifies that approved service providers are qualified to service, install, monitor, calibrate, and provide information on ignition interlock systems.

(4) “Participant” means a participant in the Ignition Interlock System Program.

(5) “Program” means the Ignition Interlock System Program.

(b) (1) The Administration shall establish an Ignition Interlock System Program in accordance with this section.

(2) The Administration shall establish a protocol for the Program by regulations that require certain minimum standards for all service providers who service, install, monitor, calibrate, and provide information on ignition interlock systems and include requirements that:

(i) A service provider who applies to the Administration for certification as an approved service provider shall demonstrate that the service provider is able to competently service, install, monitor, calibrate, and provide information to the Administration at least every 30 days on individuals required to use ignition interlock systems;

(ii) A service provider who applies to the Administration for certification as an approved service provider shall be certified by a signed affidavit from the manufacturer that the service provider has been trained by an authorized manufacturer and that the service provider is competent to service, install, monitor, calibrate, and provide information on ignition interlock systems;

(iii) Approved service providers be deemed to be authorized representatives of a manufacturer; and

(iv) Any service of notice upon an approved service provider, who has violated any laws or regulations or whose ignition interlock system has violated any laws or regulations, be deemed as service upon the manufacturer who certified the approved service provider.

(c) An individual may be a participant if:

(1) The individual’s license is suspended or revoked under § 16–205 of this title for a violation of § 21–902(c) of this article or § 16–404 of this subtitle for an accumulation of points under § 16–402(a)(29) of this subtitle for driving while impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol;

(2) The individual’s license has an alcohol restriction imposed under § 16–113(g)(1) of this title; or

(3) The Administration modifies a suspension or issues a restricted license to the individual under § 16–205.1 of this title.

(d) (1) (i) Notwithstanding subsection (c) of this section, an individual shall be a participant if:

1. The individual is convicted of, or is granted probation before judgment under § 6–220 of the Criminal Procedure Article for, a violation of § 21–902(a) or (b) of this article;

2. The individual’s license is suspended or revoked under § 16–205 of this title for a violation of § 21–902(b) of this article or under § 16–404 of this subtitle for an accumulation of points under § 16–402(a)(29) of this subtitle for driving while impaired by alcohol;

3. The individual’s license is suspended or revoked under § 16–205 of this title or § 16–402(a)(38) of this subtitle for a violation of § 21–902(a) of this article;

4. The individual’s license is revoked under § 16–205(b) of this title or suspended or revoked for an accumulation of points under § 16–402(a)(37) of this subtitle for:

A. Homicide by motor vehicle while under the influence of alcohol or alcohol per se, homicide by motor vehicle while impaired by alcohol, or homicide by motor vehicle while impaired by a combination of one or more drugs and alcohol; or

B. Life–threatening injury by motor vehicle while under the influence of alcohol or alcohol per se, life–threatening injury by motor vehicle while impaired by alcohol, or life–threatening injury by motor vehicle while impaired by one or more drugs and alcohol; or

5. The individual is required to be a participant by a court order under § 27–107.1 of this article.

(ii) If an individual is subject to this paragraph and fails to participate in the Program or successfully complete the Program, the Administration shall suspend, notwithstanding § 16–208 of this title, the individual’s license until the individual successfully completes the Program.

(iii) Nothing contained in this paragraph limits the authority of the Administration to modify a suspension imposed under this paragraph to allow an individual to be a participant in accordance with subsection (e) or (o) of this section.

(iv) The Administration shall issue a restricted license to an individual who is required to participate in the Program under this section and who is otherwise eligible.

(2) (i) Notwithstanding subsection (c) of this section, an individual shall be a participant as a condition of modification of a suspension or revocation of a license or issuance of a restricted license if the individual:

1. Is required to be a participant by a court order under § 21–902.2 of this article; or

2. Was under the age of 21 years on the date of a violation by the individual of:

A. An alcohol restriction imposed under § 16–113(b)(1) of this title; or

B. § 21–902(c) of this article.

(ii) If an individual is subject to this paragraph and the individual fails to participate in the Program or does not successfully complete the Program, the Administration shall suspend the individual’s license for 1 year.

(iii) Nothing contained in this paragraph limits the authority of the Administration to modify a suspension imposed under this paragraph to allow an individual to be a participant in accordance with subsection (e) or (o) of this section.

(iv) The Administration shall issue a restricted license to an individual who is required to participate in the Program under this section and who is otherwise eligible.

(3) Except as provided in § 16–205 of this title, an individual who is subject to this subsection shall participate in the Program for:

(i) 6 months the first time the individual is required under this subsection to participate in the Program;

(ii) 1 year the second time the individual is required under this subsection to participate in the Program; and

(iii) 3 years the third or any subsequent time the individual is required under this subsection to participate in the Program.

(4) Paragraph (3) of this subsection does not limit a longer period of Program participation that is required by:

(i) A court order under § 21–902.2 of this article; or

(ii) The Administration in accordance with another provision of this title.

(e) If an individual subject to subsection (c) or (d) of this section does not initially become a participant:

(1) The individual may apply later to the Administration to be a participant; and

(2) The Administration may reconsider any suspension or revocation of the driver’s license of the individual arising out of the same circumstances and allow the individual to participate in the Program.

(f) (1) The Administration may:

(i) Modify a suspension and issue a restricted license to an individual who is a participant in the Program as provided under § 16–205 or § 16–205.1 of this title or § 16–404 of this subtitle;

(ii) Reinstate the driver’s license of a participant whose license has been revoked:

1. For a violation of § 21–902(b) or (c) of this article;

2. For an accumulation of points under § 16–402(a)(29) of this subtitle for a violation of § 21–902(b) or (c) of this article; or

3. Under § 16–205.1(b) or (f) of this title; and

(iii) Notwithstanding any other provision of law, impose on a participant a period of suspension in accordance with § 16–404(c)(2) and (3) of this subtitle in lieu of a license revocation:

1. For a violation of § 21–902(b) or (c) of this article;

2. For an accumulation of points under § 16–402(a)(29) of this subtitle for a violation of § 21–902(b) or (c) of this article; or

3. Under § 16–205.1(b) or (f) of this title.

(2) Notwithstanding paragraph (1) of this subsection, the Administration shall:

(i) Modify a suspension and issue a restricted license to an individual who is a participant in the Program as provided under § 16–205 or § 16–205.1 of this title or § 16–404 of this subtitle;

(ii) Reinstate the driver’s license of a participant whose license has been revoked:

1. For a violation of § 21–902(a) of this article;

2. For an accumulation of points under § 16–402(a)(38) of this subtitle for a violation of § 21–902(a) of this article; or

3. Under § 16–205.1(b) or (f) of this title.

(iii) Notwithstanding any other provision of law, impose on a participant a period of suspension in accordance with § 16–404(c)(2) and (3) of this subtitle in lieu of a license revocation:

1. For a violation of § 21–902(a) of this article;

2. For an accumulation of points under § 16–402(a)(38) of this subtitle for a violation of § 21–902(a) of this article; or

3. Under § 16–205.1(b) or (f) of this title.

(3) A notice of suspension or revocation sent to an individual under this title shall include information about the Program and how individuals participate in the Program.

(4) The Administration shall establish a fee for the Program that is sufficient to cover the costs of the Program.

(g) Subject to § 21–902.2(g)(2) of this article, the Administration shall impose a restriction on the individual’s license that prohibits the individual from driving a motor vehicle that is not equipped with an ignition interlock system for the period of time that the individual is required to participate in the Program under this section.

(h) A participant is considered to have begun participation in the Program on the day the ignition interlock system is installed in the participant’s vehicle.

(i) An individual whose license is suspended under § 16–404(c)(2)(iv) of this subtitle is a habitual offender whose license may not be reinstated unless the individual participates in the Program for at least 24 months.

(j) (1) For purposes of an ignition interlock system used under § 16–205(f) of this title, this section, or a court order under § 21–902.2 of this article, the Administration shall permit only the use of an ignition interlock system that meets or exceeds the technical standards for breath alcohol ignition interlock devices published in the Federal Register from time to time.

(2) For purposes of an ignition interlock system used under this section, the Administration shall require the Program protocol adopted by the Administration.

(k) (1) An individual required to use an ignition interlock system under a court order or this section:

(i) Shall be monitored by the Administration; and

(ii) Except as provided in paragraph (2) of this subsection, shall pay the fee required by the Administration under subsection (f)(3) of this section.

(2) The Administration shall waive the fee required under this subsection for an individual who is indigent.

(l) A court order that requires the use of an ignition interlock system is not affected by § 16–404(c)(3) of this subtitle.

(m) (1) If an individual participates in the Program under this section and participates in the Program in accordance with any other provision of law arising out of the same incident, the periods of participation in the Program shall be concurrent.

(2) If an individual participates in the Program under § 16–205.1 of this title, the individual shall receive credit toward the length of participation in the Program arising out of the same incident as authorized under subsection (c) of this section or as required under subsection (d) of this section.

(n) The Administration shall consider a participant to have successfully completed the Program if the Administration receives from the participant’s approved service provider a certification that in the 3 consecutive months before a participant’s date of release from the Program there was not:

(1) An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more unless a subsequent test performed within 10 minutes registered a breath alcohol concentration lower than 0.04;

(2) A failure to take or pass a random test with a breath alcohol concentration of 0.025 or lower unless a subsequent test performed within 10 minutes registered a breath alcohol concentration lower than 0.025; or

(3) A failure of the participant to appear at the approved service provider when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device causing the device to cease to function as required under this section.

(o) If an individual successfully completes the Program and the individual’s license is not refused, revoked, suspended, or canceled under another provision of this article, the Administration shall immediately issue a license to the licensee.

(p) (1) Notwithstanding § 16–208 of this title, if the Administration removes an individual from the Program because the individual violated requirements of the Program, the Administration may allow the individual to reenter the Program after a period of 30 days from the date of removal.

(2) If an individual reenters the Program under this subsection, the individual shall participate in the Program for the entire period of time that was initially necessary for successful completion of the Program without any credit for the period of participation before the individual was removed from the Program.

(3) Nothing contained in paragraph (2) of this subsection limits a period of participation in the Program required under any other provision of this title or § 21–902.2 of this article.

(q) A suspension or revocation of a license of an individual subject to subsection (c) or (d) of this section that is imposed as a result of the failure of the individual to participate in the Program or successfully complete the Program shall be concurrent with any other suspension or revocation arising out of the same incident for which the individual is subject to subsection (c) or (d) of this section.

(r) (1) If a person is required to be a participant under subsection (d) of this section, the Administration shall include in the notice of proposed suspension or revocation a warning in bold conspicuous type that the person shall participate in the Program.

(2) At the time that the Administration issues a license to a person who is under the age of 21 years, the Administration shall provide to the person a written warning in bold conspicuous type that the person shall participate in the Program if the Administration finds the person violated the alcohol restriction on a driver under the age of 21 years or the person violated any provision of § 21–902 of this article.

(3) A person may not raise the absence of the warning described under this subsection or the failure to receive that warning as a basis for limiting the authority of the Administration to require that the person participate in the Program in accordance with this section.

(s) (1) The Administration shall collect the following information about the individuals required to participate in the Program under subsections (c) and (d) of this section:

(i) The number of individuals who were convicted of a violation of § 21–902 of this article;

(ii) The number of individuals who were granted a probation before judgment under § 6–220 of the Criminal Procedure Article for a violation of § 21–902 of this article; and

(iii) The number of individuals who were granted a probation before judgment under § 6–220 of the Criminal Procedure Article for a violation of § 21–902 of this article and were subsequently charged with or convicted of a further violation of § 21–902 of this article.

(2) On or before December 1, 2028, and each December 1 thereafter, the Administration shall report the information collected under paragraph (1) of this subsection to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Alcoholic Beverages and Cannabis § 16-1103 — MD Code / Article gab / Title 16 / Subtitle 11 / Section 16-1103
§16–1103.
Status: in_force

(a) The Board may issue a nonrefillable container permit for draft beer to a holder of a Class A license, a Class B license, or a Class D license.

(b) An applicant for the permit shall complete the form that the Board provides.

(c) The hours of sale for the permit:

(1) begin at the same time as those for the underlying license; and

(2) end at midnight.

(d) (1) Except as provided in paragraph (2) of this subsection, the annual permit fees are:

(i) $50 for an applicant whose license has an off–sale privilege; and

(ii) $500 for an applicant whose license does not have an off–sale privilege.

(2) An applicant who has a refillable container permit may not be charged a fee for a nonrefillable container permit.
Md. Code, State Finance and Procurement § 16-203 — MD Code / Article gsf / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

(a) A person may be debarred from entering into a contract with the State if the person, an officer, partner, controlling stockholder or principal of that person, or any other person substantially involved in that person’s contracting activities has:

(1) been convicted under the laws of the State, another state or the United States of:

(i) a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract, except as provided in § 16–202 of this subtitle; or

(ii) fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property;

(2) been convicted of a criminal violation of an antitrust statute of the State, another state, or the United States;

(3) been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act, or the Mail Fraud Act, for acts in connection with the submission of bids or proposals for a public or private contract;

(4) been convicted of a violation of § 14–308 of this article;

(5) been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described in items (1), (2), (3), or (4) of this subsection;

(6) been convicted of a violation of § 7201, § 7203, § 7205, § 7206, or § 7207 of the Internal Revenue Code;

(7) been convicted of a violation of 18 U.S.C. § 286, § 287, or § 371;

(8) been convicted of a violation of Title 13, Subtitle 7 or Subtitle 10 of the Tax – General Article;

(9) been found to have willfully or knowingly violated Title 17, Subtitle 2 or Title 18 of this article if:

(i) 1. the finding was made by a court; and

2. the decision of the court became final; or

(ii) 1. the finding was made in a contested case under the Administrative Procedure Act; and

2. the finding was not overturned on judicial review;

(10) been found to have willfully or knowingly violated Title 3, Subtitle 3, Subtitle 4, or Subtitle 5 or Title 5 of the Labor and Employment Article if:

(i) 1. the finding was made by a court; and

2. the decision of the court became final; or

(ii) 1. the finding was made in a contested case under the Administrative Procedure Act; and

2. the finding was not overturned on judicial review;

(11) been found civilly liable under an antitrust statute of the State, another state, or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract;

(12) been found to have willfully or knowingly violated Title 20, Subtitle 6 of the State Government Article if:

(i) 1. the finding was made by a court; and

2. the decision of the court became final; or

(ii) 1. the finding was made in a contested case under the Administrative Procedure Act; and

2. the finding was not overturned on judicial review; or

(13) been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of this article with regard to a public or private contract.

(b) A person may be debarred from entering into a contract with the State if, during the course of an official investigation or other proceedings, the person, an officer, partner, controlling stockholder or principal of that person, or any other person substantially involved in that person’s contracting activities has admitted, in writing or under oath, an act or omission that constitutes grounds for conviction or liability under any law or statute described in subsection (a) of this section.

(c) A person may be debarred from entering into a contract with the State if the person, an officer, partner, controlling stockholder or principal of that person, or any other person substantially involved in that person’s contracting activities has been debarred from federal contracts under:

(1) the Federal Acquisition Regulations, as provided in 48 C.F.R. Chapter 1; or

(2) federal Executive Order 11246, as amended due to discriminatory hiring practices in the State.

(d) A person may be debarred from entering into a contract with the State:

(1) if the Board finds that the person was established or operates in a manner designed to evade the application of this title or to defeat the purpose of this title;

(2) if the person is a successor, assignee, subsidiary, or affiliate of a person who is debarred or suspended;

(3) except as provided under item (4) of this subsection, for one of the following violations of a contract provision if the Board believes it to be serious enough to justify debarment:

(i) the deliberate failure, without good cause, to perform in accordance with the specifications, or within the time limit, provided in a contract; or

(ii) within the preceding 5 years, the failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts, unless the failure to perform or unsatisfactory performance was caused by acts beyond the control of the person;

(4) for a period not exceeding 3 years if the person persistently fails to meet contract goals in the absence of mitigating factors under the criteria established under § 14–305(c)(2) of this article;

(5) if the person is a competing contractor, or any officer, employee, representative, agent, or consultant of any competing contractor who violates § 13–211 of this article; or

(6) for any other cause that the Board determines to be so serious as to affect the integrity of the procurement process.
Md. Code, Business Occupations and Professions § 16-5B-11 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-11
§16–5B–11.
Status: in_force

(a) (1) Each appraisal management company shall ensure that real estate appraisal services are provided independently and free from inappropriate influence and coercion under the appraisal independence standards established under Section 129E of the Truth in Lending Act.

(2) (i) An appraisal management company shall pay an appraiser reasonable and customary fees consistent with the presumptions of compliance defined under federal law.

(ii) The Commission may not bring disciplinary action under § 16–702.2 of this title or recommend criminal sanctions under § 16–706 of this title based solely on subparagraph (i) of this paragraph.

(b) An employee, partner, director, officer, or agent of an appraisal management company may not influence or attempt to influence the development, reporting, result, or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, bribery, or any other means, including:

(1) compensating, colluding, or influencing, or attempting to compensate, collude, or influence a person involved in an appraisal for the purpose of causing the appraised value assigned under the appraisal to the property to be based on a factor other than the independent judgment of the appraiser;

(2) mischaracterizing, or suborning any mischaracterization of, the appraised value of a property in conjunction with a consumer credit transaction;

(3) seeking to influence an appraiser or otherwise encouraging a targeted value in order to facilitate the making or pricing of a consumer credit transaction;

(4) withholding or threatening to withhold timely payment for an appraisal report or for the provision of real estate appraisal services when the appraisal report or services are provided in accordance with a contract between the parties;

(5) withholding or threatening to withhold future business from an appraiser;

(6) demoting or terminating or threatening to demote or terminate an appraiser;

(7) expressly or impliedly promising future business, promotions, or increased compensation for an appraiser;

(8) requiring an appraiser to indemnify an appraisal management company or hold an appraisal management company harmless for any liability, damage, losses, or claims arising out of the services provided by the appraisal management company, and not the services performed by the appraiser;

(9) conditioning a request for an appraisal or the payment of an appraisal fee or salary or bonus on:

(i) an opinion, a conclusion, or a valuation to be reached; or

(ii) a preliminary estimate or opinion requested from an appraiser;

(10) requesting that an appraiser provide:

(i) an estimated, predetermined, or desired valuation in an appraisal report; or

(ii) estimated values or comparable sales at any time before the appraiser’s completion of an appraisal;

(11) except for a copy of the sales contract for purchase transactions, providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower;

(12) providing to an appraiser, or a person related to the appraiser, stock or other financial or nonfinancial benefits;

(13) allowing the removal of an appraiser from an appraiser panel without prior written notice to the appraiser;

(14) obtaining, using, or paying for a second or subsequent appraisal, or ordering an automated valuation model, in connection with a mortgage financing transaction unless:

(i) there is a reasonable basis to believe that the initial appraisal was flawed and the basis is clearly and appropriately noted in the loan file;

(ii) the subsequent appraisal or automated valuation model is done under a bona fide prefunding or postfunding appraisal review or quality control process;

(iii) a second appraisal is required under State or federal law; or

(iv) the second appraisal or automated valuation model is ordered by an appraisal management company in response to a request by a client in order to satisfy client valuation policies for the property being appraised and the second appraisal or automated valuation model is ordered by the client prior to the completion of the first appraisal; or

(15) any other act impairing or attempting to impair an appraiser’s independence or impartiality.

(c) Nothing in subsection (a) or (b) of this section may be construed to prohibit an appraisal management company from asking an appraiser to:

(1) consider additional appropriate property information, including the consideration of additional comparable properties to make or support an appraisal;

(2) provide further detail, substantiation, or explanation for an appraiser’s value conclusion; or

(3) correct errors in an appraisal report.
Md. Code, Land Use § 16-313 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-313
§16–313.
Status: in_force

An employee or an employee organization or its agents or representatives may not:

(1) interfere with, intimidate, restrain, coerce, or discriminate against an employee in the exercise of the employee’s rights under this subtitle;

(2) cause or attempt to cause the Commission to discriminate against an employee in violation of § 16–312(a)(3) of this subtitle;

(3) refuse to engage in collective bargaining in good faith with the Commission as required by § 16–307(d)(2) of this subtitle if the employee organization has been certified as the exclusive representative of employees in the bargaining unit in accordance with § 16–305 of this subtitle;

(4) engage in a strike in violation of § 16–315(a) of this subtitle; or

(5) fail to comply with any provision of this subtitle.
Md. Code, Land Use § 16-505 — MD Code / Article glu / Title 16 / Subtitle 5 / Section 16-505
§16–505.
Status: in_force

(a) The county planning board shall employ full–time park employees under the Commission’s merit system, as provided in Subtitle 1 of this title.

(b) Full–time park employees shall receive the same employment benefits that other employees receive under the Commission’s merit system, including:

(1) annual leave;

(2) sick leave;

(3) health benefits; and

(4) retirement benefits.
Md. Code, Health Occupations § 16-205 — MD Code / Article gho / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

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

(1) Adopt rules and regulations to carry out the provisions of this title;

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

(3) On receipt of a written and signed allegation, investigate the same for any possible violation of this title.

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

(1) Keep a complete record of all its transactions;

(2) Investigate any alleged unauthorized practice of podiatry and, if the results of the investigation indicate that the allegation has merit, report it to the State’s Attorney of the county where the alleged violation occurred;

(3) On receipt of a written and signed allegation, including a referral from the Commissioner of Labor and Industry:

(i) Investigate the allegation for possible violations of this title;

(ii) Provide notice to the licensed podiatrist that an allegation has been received and forward a copy of the allegation to the licensed podiatrist within 60 days of receipt of the allegation, unless the Board:

1. Makes an affirmative determination that the disclosure would prejudice the investigation of the allegation and notifies the licensee of the determination;

2. Disposes of the allegation within 60 days of the date of receipt of the allegation; or

3. Makes an affirmative determination that any action that the Board may take as a result of the investigation into the allegation will most likely not result in formal disciplinary action; and

(iii) Periodically notify the licensed podiatrist and all persons of interest of the status of the allegation until such time as the allegation is resolved; and

(4) Except for an office of a podiatrist in a hospital, related institution, freestanding medical facility, or freestanding birthing center, conduct an unannounced inspection of the office of a podiatrist against whom a complaint has been filed with the Board regarding a violation of the Centers for Disease Control and Prevention’s guidelines on universal precautions to determine compliance at that office with the guidelines.
Md. Code, Business Occupations and Professions § 16-210.2 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-210.2
§16–210.
Status: in_force

§16–210.2.

(a) The Commission shall establish an appraisal management company hearing board.

(b) (1) The hearing board consists of three members of the Commission, appointed by the Commission.

(2) Of the three positions on the appraisal management company hearing board:

(i) one shall be a representative of a financial institution;

(ii) one shall be a consumer member; and

(iii) one shall be a representative of an appraisal management company.

(c) From among the members of the hearing board, the Commission shall designate a chair.
Md. Code, Insurance § 16-505 — MD Code / Article gin / Title 16 / Subtitle 5 / Section 16-505
§16–505.
Status: in_force

(a) Any paid-up annuity benefit available under an annuity contract shall be:

(1) the present value of the annuity benefit on the date annuity payments are to begin; and

(2) at least the minimum nonforfeiture amount on that date.

(b) The present value shall be calculated using any mortality table and the interest rate specified in the annuity contract to determine minimum paid-up annuity benefits guaranteed in the contract.
Md. Code, Education § 16-606 — MD Code / Article ged / Title 16 / Subtitle 6 / Section 16-606
§16–606.
Status: in_force

(a) In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Commission, the Board of Trustees has the powers and duties set forth in this section.

(b) The Board of Trustees shall exercise general control over the College, keep separate records and minutes, and adopt reasonable rules, regulations, and bylaws to carry out the provisions of this title.

(c) The Board of Trustees may fix the salaries and tenure of the president, faculty, and other employees of the College.

(d) The Board of Trustees may purchase, lease, condemn, or otherwise acquire any property it considers necessary for the operation of the College.

(e) (1) The Board of Trustees may sell, lease, or otherwise dispose of assets or property of the College.

(2) The president of the College and the chair of the Board of Trustees may execute a conveyance or other legal document under an appropriate resolution of the Board of Trustees.

(f) The Board of Trustees may apply for and accept any gift or grant from the federal government or any other person.

(g) Subject to the minimum standards of the Commission, the Board of Trustees may determine entrance requirements and approve offerings that consist of:

(1) Transfer programs offering the equivalent of the first 2 years of a bachelor’s degree program;

(2) Career programs offering technical, vocational, and semiprofessional education; and

(3) Continuing education and contract-training programs.

(h) Except as provided in § 16-310 of this title, the Board of Trustees may charge students reasonable tuition and fees set by it with a view to making college education available to all qualified students at low cost.

(i) The Board of Trustees may sue and be sued.

(j) The Board of Trustees may make agreements with the federal government or any other person, including agreements between counties, if the Board of Trustees considers the agreement advisable for the establishment or operation of the College.

(k) The Board of Trustees may adopt a corporate seal.

(l) The Board of Trustees shall appoint a president of the College who shall be the chief executive officer of the College and the secretary/treasurer of the Board of Trustees.
Md. Code, Transportation § 16-113 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-113
§16–113.
Status: in_force

(a) (1) In addition to the vision and other restrictions provided for in this subtitle, when it issues a driver’s license, the Administration for good cause may impose on the licensee:

(i) Any restrictions suitable to the licensee’s driving ability with respect to the type of special mechanical control devices required on motor vehicles that the licensee may drive;

(ii) An alcohol restriction which prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee’s blood; and

(iii) Any other restrictions applicable to the licensee that the Administration determines appropriate to assure the safe driving of a motor vehicle by the licensee.

(2) An alcohol restriction that prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee’s blood may, as described in subsections (b) and (g) of this section, include a restriction that prohibits the licensee from driving or attempting to drive a motor vehicle unless the licensee is a participant in the Ignition Interlock System Program established under § 16–404.1 of this title.

(b) (1) Notwithstanding the licensee’s driving record, the Administration shall impose on each licensee under the age of 21 years an alcohol restriction that prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee’s blood.

(2) An alcohol restriction imposed under this subsection expires when the licensee reaches the age of 21 years.

(3) This subsection may not be construed or applied to limit:

(i) The authority of the Administration to impose on a licensee an alcohol restriction described in subsection (a)(2) of this section; or

(ii) The application of any other provision of law that prohibits consumption of an alcoholic beverage by an individual under the age of 21 years.

(4) An individual under the age of 21 years who is convicted of a violation of § 21–902(a), (b), or (c) of this article may be required, for a period of not more than 3 years, to participate in the Ignition Interlock System Program in order to retain the individual’s driver’s license.

(c) (1) Subject to the provisions of paragraph (2) of this subsection, the Administration may:

(i) Issue a special restricted license; or

(ii) Set forth the restrictions on the usual license form.

(2) The Administration shall indicate on the license of a licensee under the age of 21 years that an alcohol restriction has been imposed on the licensee under subsection (b) of this section.

(d) (1) Notwithstanding the licensee’s driving record, the Administration shall impose an hour restriction on a provisional driver’s license issued to an applicant under the age of 18.

(2) The restriction under this subsection shall limit the holder of a provisional license to driving unsupervised only between the hours of 5 a.m. and 12 midnight.

(3) This subsection does not preclude the holder of a provisional license from driving between the hours of 12 midnight and 5 a.m. the following day if the licensee is:

(i) Accompanied and supervised by a licensed driver who is at least 21 years old;

(ii) Driving to or from or in the course of the licensee’s employment;

(iii) Driving to or from a school class or official school activity;

(iv) Driving to or from an organized volunteer program; or

(v) Driving to or from an opportunity to participate in an athletic event or related training session.

(4) The hour restriction and the supervision requirement under this subsection expire on the date the holder of the provisional license turns 18 years of age.

(d–1) (1) Notwithstanding the licensee’s driving record, and subject to paragraph (2) of this subsection, the Administration shall impose a restriction on each provisional driver’s license prohibiting the licensee from operating a motor vehicle if the driver and each passenger in the motor vehicle are not restrained by a seat belt or, in accordance with § 22–412.2 of this article, by a child safety seat.

(2) It is not a violation of the restriction under paragraph (1) of this subsection if an individual covered by a medical exception under § 22–412.2(f) or § 22–412.3(d) and (e) of this article is not restrained.

(3) The restrictions under paragraph (1) of this subsection expire on the date that the holder of a provisional license turns 18 years of age.

(e) (1) In addition to the other restrictions provided under this subtitle, the Administration may issue:

(i) A driver’s license that is valid only in the State of Maryland to an applicant who has been suspended in another jurisdiction as a result of failing to comply with the financial responsibility requirements of that jurisdiction; or

(ii) A temporary driver’s license that is valid only in the State of Maryland to an applicant for reinstatement of a suspended or revoked driver’s license, renewal of a driver’s license, or a duplicate or corrected driver’s license if, at the time of application:

1. The applicant’s privilege to drive in another jurisdiction is revoked or suspended as a result of failing to comply with the licensing requirements of that jurisdiction for which a comparable violation in this State would not have resulted in revocation or suspension;

2. The initial violation that led to the revocation or suspension did not occur within the preceding 5 years;

3. The applicant is otherwise qualified to be licensed in this State; and

4. The Administration determines that the applicant will be able to take any actions required by the other jurisdiction for reinstatement of the privilege to drive in that jurisdiction.

(2) A temporary license issued under paragraph (1) of this subsection shall be valid for 90 days.

(3) The Administration shall adopt regulations for the issuance of temporary licenses under paragraph (1) of this subsection.

(f) After receiving satisfactory evidence of any violation of a restricted or provisional driver’s license, the Administration may suspend or revoke the license. However, the licensee may request a hearing as provided for a suspension or revocation under Subtitle 2 of this title.

(g) (1) The Administration shall impose an alcohol restriction under subsection (a)(1)(ii) of this section that prohibits an individual for a period of 3 years from driving or attempting to drive with alcohol in the individual’s blood on any licensee who is convicted within 5 years of any combination of two or more violations under § 21–902(a), (b), or (c) of this article.

(2) If a circuit court or the District Court orders a licensee not to drive or attempt to drive a motor vehicle with alcohol in the licensee’s blood or orders, under § 27–107 of this article, the licensee to participate in the Ignition Interlock System Program established under § 16–404.1 of this title, the Administration shall have the licensee’s driving record and driver’s license reflect that the court ordered restriction was imposed, and shall keep records of the order.

(h) An individual may not drive a vehicle in any manner that violates any restriction imposed by the Administration in a restricted license issued to the individual.

(i) An individual may not drive a vehicle in any manner that violates any restriction imposed in a provisional license issued to the individual.

(j) An individual may not drive or attempt to drive a motor vehicle with alcohol in the individual’s blood in violation of a restriction.

(k) A participant in the Ignition Interlock System Program under § 16–404.1 of this title may not drive or attempt to drive a vehicle that is not equipped with an ignition interlock system in violation of an ignition interlock system restriction on a license issued to the participant.

(l) (1) A person convicted of a violation of subsection (j) of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

(2) A person convicted of a violation of subsection (k) of this section is subject to:

(i) For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and

(ii) For a second or subsequent offense, imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
Md. Code, Business Occupations and Professions § 16-306 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-306
§16–306.
Status: in_force

(a) On receipt of a complete national and State criminal record report from the Central Repository, the Commission shall grant a license to each applicant who meets the requirements of this subtitle.

(b) The Commission shall issue a license document and pocket card to each applicant who has been granted a license under this section.

(c) (1) Subject to paragraph (2) of this subsection, the Commission shall determine the size, form, and content of any license document or pocket card that the Commission issues.

(2) The Commission shall include an expiration date on each license document that the Commission issues.
Md. Code, Education § 16-601 — MD Code / Article ged / Title 16 / Subtitle 6 / Section 16-601
§16–601.
Status: in_force

(a) The establishment of the College of Southern Maryland as a regional college is based on the findings and policies set forth in this section.

(b) (1) Charles County Community College has provided higher education opportunities in Calvert County for more than 15 years and in St. Mary’s County for more than 20 years through a contractual arrangement with the county.

(2) The continuing growth of Charles County Community College as a quality institution requires that a partnership be established to provide a new college identity reflective of the three southern Maryland counties, a governance structure of shared ownership, and the equitable distribution of fiscal support.
Md. Code, Alcoholic Beverages and Cannabis § 16-2302 — MD Code / Article gab / Title 16 / Subtitle 23 / Section 16-2302
§16–2302.
Status: in_force

(a) An application for the continuation of the business of a deceased license holder shall be made within 60 days after the death of the license holder.

(b) If the personal representative or special administrator of the estate shows to the satisfaction of the Board that the estate cannot be settled within the 18–month extension period because of litigation, the Board may grant to the personal representative or special administrator additional time for the continuation of the business.
Md. Code, Housing and Community Development § 16-401 — MD Code / Article ghs / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

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

(b) (1) “Adversely affect” means:

(i) the elimination of more than two employee positions assigned to perform bargaining unit work if the positions are authorized, fully funded, and either vacant for less than 90 calendar days or occupied at the time the Montgomery Commission solicits a service contract;

(ii) a permanent and involuntary reduction below the number of hours for regular full–time employment for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Montgomery Commission solicits a service contract;

(iii) a permanent and involuntary reduction in the pay grade for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Montgomery Commission solicits a service contract; or

(iv) a permanent and involuntary reduction in the base pay or fringe benefits otherwise applicable to a job classification covering more than five employees currently assigned on a full–time basis to perform bargaining unit work when the Montgomery Commission solicits a service contract.

(2) “Adversely affect” does not include any action by the Montgomery Commission taken in accordance with:

(i) a bona fide disciplinary proceeding;

(ii) a collective bargaining agreement then applicable in accordance with § 16–312 of this title; or

(iii) a reallocation or reassignment to other bargaining unit work or other duties that does not result in a change in job classification or grade.

(c) “Bargaining unit work” means work duties assigned or allocated to any position occupied within the preceding 90 calendar days by an employee who is represented by a certified representative.

(d) “Certified representative” means an employee organization certified as the collective bargaining representative of Montgomery Commission employees in accordance with § 16–306 of this title.

(e) “Executive Director” means the Executive Director of the Montgomery Commission.

(f) “Service contract” means a procurement contract for services that will be provided to the Montgomery Commission.
Md. Code, Health - General § 16-201 — MD Code / Article ghg / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

(a) The Secretary shall adopt rules and regulations that set charges for services that the Department provides for the physically ill, aged, mentally disordered, intellectually disabled, and developmentally disabled and other recipients of services in or through State–operated:

(1) Clinics;

(2) Day care, day treatment, and day hospital care;

(3) Group homes and small residential homes;

(4) Inpatient care in regional and State hospitals and centers; and

(5) Inpatient and outpatient care of any other kind.

(b) (1) The Secretary shall require political subdivisions and grantees to set, subject to approval and modifications of the Secretary, charges for services that are provided by the political subdivisions or grantees and that are supported wholly or partly by State or federal funds administered by the Department.

(2) If a health officer for a political subdivision considers it to be in the best interest of public health, the health officer may waive a charge set under this subsection.

(c) Charges for services shall be set at least annually.

(d) If the Secretary considers it to be in the best interest of the public health, the Secretary may designate specific services for which a charge may not be made.
Md. Code, Business Occupations and Professions § 16-210 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-210
§16–210.
Status: in_force

(a) The Commission shall establish a Real Estate Appraisal Hearing Board.

(b) (1) The Hearing Board shall consist of 3 members of the Commission, appointed by the Commission.

(2) Of the 3 positions on the Real Estate Appraisal Hearing Board:

(i) 1 shall be a representative of a financial institution;

(ii) 1 shall be a consumer member; and

(iii) 1 shall be an appraiser with a level of licensure or certification at least equal to the individual subject to the disciplinary action.

(c) From among the members of the Hearing Board, the Commission shall designate a chairman.
Md. Code, Housing and Community Development § 16-304 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-304
§16–304.
Status: in_force

(a) The exclusive representative or representatives and the Montgomery Commission shall appoint a labor relations administrator from a list of five nominees on whom they have agreed.

(b) The term of the labor relations administrator is 5 years.

(c) A labor relations administrator is eligible for reappointment.
Md. Code, Local Government § 16-115 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-115
§16–115.
Status: in_force

(a) In Washington County, a county license or permit may not be issued or renewed until the County Treasurer and any municipality in which the applicant does business certify that there are no delinquent personal property taxes due from the applicant.

(b) By majority vote, the County Commissioners of Washington County may waive the requirement under this section.
Md. Code, Transportation § 16-205.1 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-205.1
§16–205.
Status: in_force

§16–205.1.

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

(ii) “Specimen of blood” and “1 specimen of blood” means 1 sample of blood that is taken, in a single procedure, in 2 or more portions in 2 or more separate vials.

(iii) “Test” means, unless the context requires otherwise:

1. A test of a person’s breath or of 1 specimen of a person’s blood to determine alcohol concentration;

2. A test or tests of 1 specimen of a person’s blood to determine the drug or controlled dangerous substance content of the person’s blood; or

3. Both:

A. A test of a person’s breath or a test of 1 specimen of a person’s blood, to determine alcohol concentration; and

B. A test or tests of 1 specimen of a person’s blood to determine the drug or controlled dangerous substance content of the person’s blood.

(iv) “Under the influence of alcohol” includes under the influence of alcohol per se as defined by § 11–174.1 of this article.

(2) Any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State is deemed to have consented, subject to the provisions of §§ 10–302 through 10–309, inclusive, of the Courts and Judicial Proceedings Article, to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16–813 of this title.

(b) (1) Except as provided in subsection (c) of this section, a person may not be compelled to take a test. However, the detaining officer shall advise the person that, on receipt of a sworn statement from the officer that the person was so charged and refused to take a test, or was tested and the result indicated an alcohol concentration of 0.08 or more, the Administration shall:

(i) In the case of a person licensed under this title:

1. Except as provided in items 2, 3, and 4 of this item, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing:

A. For a first offense, suspend the driver’s license for 180 days; or

B. For a second or subsequent offense, suspend the driver’s license for 180 days;

2. Except as provided in item 4 of this item, for a test result indicating an alcohol concentration of 0.15 or more at the time of testing:

A. For a first offense, suspend the person’s driving privilege for 180 days; or

B. For a second or subsequent offense, suspend the person’s driving privilege for 270 days;

3. Except as provided in item 4 of this item, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

A. For a first offense, suspend the person’s driving privilege for 6 months; or

B. For a second or subsequent offense, suspend the person’s driving privilege for 1 year;

4. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

A. For a first offense, suspend the person’s driving privilege for 1 year; or

B. For a second or subsequent offense, revoke the person’s driving privilege; or

5. For a test refusal:

A. For a first offense, suspend the driver’s license for 270 days; or

B. For a second or subsequent offense, suspend the driver’s license for 2 years;

(ii) In the case of a nonresident or unlicensed person:

1. Except as provided in items 2, 3, and 4 of this item, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing:

A. For a first offense, suspend the person’s driving privilege for 180 days; or

B. For a second or subsequent offense, suspend the person’s driving privilege for 180 days;

2. Except as provided in item 4 of this item, for a test result indicating an alcohol concentration of 0.15 or more at the time of testing:

A. For a first offense, suspend the person’s driving privilege for 180 days; or

B. For a second or subsequent offense, suspend the person’s driving privilege for 270 days;

3. Except as provided in item 4 of this item, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

A. For a first offense, suspend the person’s driving privilege for 6 months; or

B. For a second or subsequent offense, suspend the person’s driving privilege for 1 year;

4. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

A. For a first offense, suspend the person’s driving privilege for 1 year; or

B. For a second or subsequent offense, revoke the person’s driving privilege; or

5. For a test refusal:

A. For a first offense, suspend the person’s driving privilege for 270 days; or

B. For a second or subsequent offense, suspend the person’s driving privilege for 2 years; and

(iii) In addition to any applicable driver’s license suspensions authorized under this section, in the case of a person operating a commercial motor vehicle or who holds a commercial instructional permit or a commercial driver’s license who refuses to take a test:

1. Disqualify the person’s commercial instructional permit or commercial driver’s license for a period of 1 year for a first offense, 3 years for a first offense which occurs while transporting hazardous materials required to be placarded, and disqualify for life if the person’s commercial instructional permit or commercial driver’s license has been previously disqualified for at least 1 year under:

A. § 16–812(a) or (b) of this title;

B. A federal law; or

C. Any other state’s law; or

2. If the person holds a commercial instructional permit or a commercial driver’s license issued by another state, disqualify the person’s privilege to operate a commercial motor vehicle and report the refusal and disqualification to the person’s resident state which may result in further penalties imposed by the person’s resident state.

(2) Except as provided in subsection (c) of this section, if a police officer stops or detains any person who the police officer has reasonable grounds to believe is or has been driving or attempting to drive a motor vehicle while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16–813 of this title, and who is not unconscious or otherwise incapable of refusing to take a test, the police officer shall:

(i) Detain the person;

(ii) Request that the person permit a test to be taken;

(iii) Advise the person of the administrative sanctions that shall be imposed for test results indicating an alcohol concentration of at least 0.08 but less than 0.15 at the time of testing;

(iv) Advise the person of the administrative sanctions, including ineligibility for modification of a suspension or issuance of a restricted license unless the person participates in the Ignition Interlock System Program under § 16–404.1 of this title, that shall be imposed for refusal to take the test and for test results indicating an alcohol concentration of 0.15 or more at the time of testing;

(v) Advise the person of the additional criminal penalties that may be imposed under § 21–902(g) of this article on conviction of a violation of § 21–902 of this article if the person knowingly refused to take a test arising out of the same circumstances as the violation; and

(vi) Advise the person that a court shall impose participation in the Ignition Interlock System Program as part of the sentence in accordance with § 21–902.3 of this article.

(3) If the person refuses to take the test or takes a test which results in an alcohol concentration of 0.08 or more at the time of testing, the police officer shall:

(i) Confiscate the person’s driver’s license issued by this State;

(ii) Acting on behalf of the Administration, personally serve an order of suspension on the person;

(iii) Issue a temporary license to drive;

(iv) Inform the person that the temporary license allows the person to continue driving for 45 days if the person is licensed under this title;

(v) Inform the person that:

1. The person has a right to request, at that time or within 10 days, a hearing to show cause why the driver’s license should not be suspended concerning the refusal to take the test or for test results indicating an alcohol concentration of 0.08 or more at the time of testing, and the hearing will be scheduled within 45 days; and

2. If a hearing request is not made at that time or within 10 days, but within 30 days the person requests a hearing, a hearing to show cause why the driver’s license should not be suspended concerning the refusal to take the test or for test results indicating an alcohol concentration of 0.08 or more at the time of testing will be scheduled, but a request made after 10 days does not extend a temporary license issued by the police officer that allows the person to continue driving for 45 days;

(vi) Advise the person of the administrative sanctions that shall be imposed in the event of failure to request a hearing, failure to attend a requested hearing, or upon an adverse finding by the hearing officer;

(vii) Inform the person that, if the person refuses a test or takes a test that indicates an alcohol concentration of 0.08 or more at the time of testing, the person may participate in the Ignition Interlock System Program under § 16–404.1 of this title instead of requesting a hearing under this paragraph, if the following conditions are met:

1. The person’s driver’s license is not currently suspended, revoked, canceled, or refused; and

2. Within the same time limits set forth in item (v) of this paragraph, the person:

A. Surrenders a valid Maryland driver’s license or signs a statement certifying that the driver’s license is no longer in the person’s possession; and

B. Elects in writing to participate in the Ignition Interlock System Program for 1 year;

(viii) Provide information about the Ignition Interlock System Program and how a person participates in the Program under § 16–404.1 of this title; and

(ix) Within 72 hours after the issuance of the order of suspension, send any confiscated driver’s license, copy of the suspension order, and a sworn statement to the Administration, that states:

1. The officer had reasonable grounds to believe that the person had been driving or attempting to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16–813 of this title;

2. The person refused to take a test when requested by the police officer, the person submitted to the test which indicated an alcohol concentration of 0.08 or more at the time of testing, or the person submitted to the test which indicated an alcohol concentration of 0.15 or more at the time of testing; and

3. The person was fully advised of the administrative sanctions that shall be imposed, including the fact that a person who refuses to take the test or takes a test that indicates an alcohol concentration of 0.15 or more at the time of testing is eligible for modification of a suspension or issuance of a restricted license.

(c) (1) If a person is involved in a motor vehicle accident that results in the death of, or a life threatening injury to, another person and the person is detained by a police officer who has reasonable grounds to believe that the person has been driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, or in violation of § 16–813 of this title, the person shall be required to submit, as directed by the officer, to a test of:

(i) The person’s breath to determine alcohol concentration;

(ii) One specimen of the person’s blood, to determine alcohol concentration or to determine the drug or controlled dangerous substance content of the person’s blood; or

(iii) Both the person’s breath under item (i) of this paragraph and one specimen of the person’s blood under item (ii) of this paragraph.

(2) If a police officer directs that a person be tested, then the provisions of § 10–304 of the Courts and Judicial Proceedings Article shall apply.

(3) Any medical personnel who perform any test required by this section are not liable for any civil damages as the result of any act or omission related to such test, not amounting to gross negligence.

(d) (1) If a police officer has reasonable grounds to believe that a person has been driving or attempting to drive a motor vehicle while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, or in violation of § 16–813 of this title, and if the police officer determines that the person is unconscious or otherwise incapable of refusing to take a test, the police officer shall:

(i) Obtain prompt medical attention for the person;

(ii) If necessary, arrange for removal of the person to a nearby medical facility; and

(iii) If a test would not jeopardize the health or well–being of the person, direct a qualified medical person to withdraw blood for a test.

(2) If a person regains consciousness or otherwise becomes capable of refusing before the taking of a test, the police officer shall follow the procedure set forth in subsection (b) or (c) of this section.

(e) (1) The tests to determine alcohol concentration may be administered by an individual who has been examined and is certified by the Department of State Police as sufficiently equipped and trained to administer the tests.

(2) The Department of State Police may adopt regulations for the examination and certification of individuals trained to administer tests to determine alcohol concentration.

(f) (1) Subject to the provisions of this subsection, at the time of, or within 30 days from the date of, the issuance of an order of suspension, a person may submit a written request for a hearing before an officer of the Administration if:

(i) The person is arrested for driving or attempting to drive a motor vehicle while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16–813 of this title; and

(ii) 1. There is an alcohol concentration of 0.08 or more at the time of testing; or

2. The person refused to take a test.

(2) A request for a hearing made by mail shall be deemed to have been made on the date of the United States Postal Service postmark on the mail.

(3) If the driver’s license has not been previously surrendered, the license must be surrendered at the time the request for a hearing is made.

(4) If a hearing request is not made at the time of or within 10 days after the issuance of the order of suspension or revocation, the Administration shall:

(i) Make the order effective and shall:

1. Except as provided in items 2, 3, and 4 of this item, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing:

A. For a first offense, suspend the driver’s license for 180 days; or

B. For a second or subsequent offense, suspend the driver’s license for 180 days;

2. Except as provided in item 4 of this item, for a test result indicating an alcohol concentration of 0.15 or more at the time of testing:

A. For a first offense, suspend the driver’s license for 180 days; or

B. For a second or subsequent offense, suspend the driver’s license for 270 days;

3. Except as provided in item 4 of this item, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

A. For a first offense, suspend the driver’s license for 6 months; or

B. For a second or subsequent offense, suspend the driver’s license for 1 year;

4. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

A. For a first offense, suspend the driver’s license for 1 year; or

B. For a second or subsequent offense, revoke the driver’s license; or

5. For a test refusal:

A. For a first offense, suspend the driver’s license for 270 days; or

B. For a second offense or subsequent offense, suspend the driver’s license for 2 years; and

(ii) 1. In the case of a person operating a commercial motor vehicle or who holds a commercial instructional permit or a commercial driver’s license who refuses to take a test, disqualify the person from operating a commercial motor vehicle for a period of 1 year for a first offense, 3 years for a first offense which occurs while transporting hazardous materials required to be placarded, and for life for a second or subsequent offense which occurs while operating any commercial vehicle; or

2. In the case of a person operating a commercial motor vehicle who refuses to take a test, and who holds a commercial instructional permit or a commercial driver’s license issued by another state, disqualify the person’s privilege to operate a commercial motor vehicle in this State and report the refusal and disqualification to the person’s resident state which may result in further penalties imposed by the person’s resident state.

(5) (i) If the person requests a hearing at the time of or within 10 days after the issuance of the order of suspension and surrenders the driver’s license or, if applicable, the person’s commercial instructional permit or commercial driver’s license, the Administration shall set a hearing for a date within 30 days of the receipt of the request.

(ii) Subject to the provisions of this paragraph, a postponement of a hearing under this paragraph does not extend the period for which the person is authorized to drive and the suspension and, if applicable, the disqualification shall become effective on the expiration of the 45–day period after the issuance of the order of suspension.

(iii) A postponement of a hearing described under this paragraph shall extend the period for which the person is authorized to drive if:

1. Both the person and the Administration agree to the postponement;

2. The Administration cannot provide a hearing within the period required under this paragraph; or

3. Under circumstances in which the person made a request, within 10 days of the date that the order of suspension was served under this section, for the issuance of a subpoena under § 12–108 of this article except as time limits are changed by this paragraph:

A. The subpoena was not issued by the Administration;

B. An adverse witness for whom the subpoena was requested, and on whom the subpoena was served not less than 5 days before the hearing described under this paragraph, fails to comply with the subpoena at an initial or subsequent hearing described under this paragraph held within the 45–day period; or

C. A witness for whom the subpoena was requested fails to comply with the subpoena, for good cause shown, at an initial or subsequent hearing described under this paragraph held within the 45–day period after the issuance of the order of suspension.

(iv) If a witness is served with a subpoena for a hearing under this paragraph, the witness shall comply with the subpoena within 20 days from the date that the subpoena is served.

(v) If a hearing is postponed beyond the 45–day period after the issuance of the order of suspension under the circumstances described in subparagraph (iii) of this paragraph, the Administration shall stay the suspension and issue a temporary license that authorizes the person to drive only until the date of the rescheduled hearing described under this paragraph.

(vi) To the extent possible, the Administration shall expeditiously reschedule a hearing that is postponed under this paragraph.

(6) (i) If a hearing request is not made at the time of, or within 10 days from the date of the issuance of an order of suspension, but within 30 days of the date of the issuance of an order of suspension, the person requests a hearing and surrenders the driver’s license or, if applicable, the person’s commercial instructional permit or commercial driver’s license, the Administration shall:

1. A. Make a suspension order effective suspending the license for the applicable period of time described under paragraph (4)(i) of this subsection; and

B. In the case of a person operating a commercial motor vehicle or who holds a commercial instructional permit or a commercial driver’s license who refuses to take a test, disqualify the person’s commercial instructional permit or commercial driver’s license, or privilege to operate a commercial motor vehicle in this State, for the applicable period of time described under paragraph (4)(ii) of this subsection; and

2. Set a hearing for a date within 45 days of the receipt of a request for a hearing under this paragraph.

(ii) A request for a hearing scheduled under this paragraph does not extend the period for which the person is authorized to drive, and the suspension and, if applicable, the disqualification shall become effective on the expiration of the 45–day period that begins on the date of the issuance of the order of suspension.

(iii) A postponement of a hearing described under this paragraph shall stay the suspension only if:

1. Both the person and the Administration agree to the postponement;

2. The Administration cannot provide a hearing under this paragraph within the period required under this paragraph; or

3. Under circumstances in which the person made a request, within 10 days of the date that the person requested a hearing under this paragraph, for the issuance of a subpoena under § 12–108 of this article except as time limits are changed by this paragraph:

A. The subpoena was not issued by the Administration;

B. An adverse witness for whom the subpoena was requested, and on whom the subpoena was served not less than 5 days before the hearing, fails to comply with the subpoena at an initial or subsequent hearing under this paragraph held within the 45–day period that begins on the date of the request for a hearing under this paragraph; or

C. A witness for whom the subpoena was requested fails to comply with the subpoena, for good cause shown, at an initial or subsequent hearing under this paragraph held within the 45–day period that begins on the date of the request for a hearing under this paragraph.

(iv) If a witness is served with a subpoena for a hearing under this paragraph, the witness shall comply with the subpoena within 20 days from the date that the subpoena is served.

(v) If a hearing is postponed beyond the 45–day period that begins on the date of the request for a hearing under this paragraph under circumstances described in subparagraph (iii) of this paragraph, the Administration shall stay the suspension and issue a temporary license that authorizes the person to drive only until the date of the rescheduled hearing.

(vi) To the extent possible, the Administration shall expeditiously reschedule a hearing that is postponed under this paragraph.

(7) (i) At a hearing under this section, the person has the rights described in § 12–206 of this article, but at the hearing the only issues shall be:

1. Whether the police officer who stops or detains a person had reasonable grounds to believe the person was driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16–813 of this title;

2. Whether there was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance;

3. Whether the police officer requested a test after the person was fully advised, as required under subsection (b)(2) of this section, of the administrative sanctions that shall be imposed;

4. Whether the person refused to take the test;

5. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of 0.08 or more at the time of testing;

6. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of 0.15 or more at the time of testing;

7. If the hearing involves disqualification of a commercial instructional permit or a commercial driver’s license, whether the person was operating a commercial motor vehicle or held a commercial instructional permit or a commercial driver’s license; or

8. Whether the person was involved in a motor vehicle accident that resulted in the death of another person.

(ii) The sworn statement of the police officer and of the test technician or analyst shall be prima facie evidence of a test refusal, a test result indicating an alcohol concentration of 0.08 or more at the time of testing, or a test result indicating an alcohol concentration of 0.15 or more at the time of testing.

(8) (i) After a hearing, the Administration shall suspend or revoke the person’s license or privilege to drive if:

1. The police officer who stopped or detained the person had reasonable grounds to believe the person was driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16–813 of this title;

2. There was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance;

3. The police officer requested a test after the person was fully advised, as required under subsection (b)(2) of this section, of the administrative sanctions that shall be imposed;

4. A. The person refused to take the test; or

B. A test to determine alcohol concentration was taken and the test result indicated an alcohol concentration of 0.08 or more at the time of testing; and

5. When applicable, the person was involved in a motor vehicle accident that resulted in the death of another person.

(ii) After a hearing, the Administration shall disqualify the person from driving a commercial motor vehicle if:

1. The person was detained while operating a commercial motor vehicle or while holding a commercial instructional permit or a commercial driver’s license;

2. The police officer who stopped or detained the person had reasonable grounds to believe that the person was driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16–813 of this title;

3. There was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance;

4. The police officer requested a test after the person was fully advised of the administrative sanctions that shall be imposed; and

5. The person refused to take the test.

(iii) If the person is licensed to drive a commercial motor vehicle or holds a commercial instructional permit, the Administration shall disqualify the person in accordance with subparagraph (ii) of this paragraph, but may not impose a suspension under subparagraph (i) of this paragraph, if:

1. The person was detained while operating a commercial motor vehicle or while holding a commercial instructional permit or a commercial driver’s license;

2. The police officer had reasonable grounds to believe the person was in violation of an alcohol restriction or in violation of § 16–813 of this title;

3. The police officer did not have reasonable grounds to believe the driver was driving while under the influence of alcohol, driving while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, or while impaired by a controlled dangerous substance; and

4. The driver refused to take a test.

(iv) In the absence of a compelling reason for failure to attend a hearing, failure of a person to attend a hearing is prima facie evidence of the person’s inability to answer the sworn statement of the police officer or the test technician or analyst, and the Administration summarily shall:

1. Suspend the driver’s license or privilege to drive; and

2. If the driver is detained in a commercial motor vehicle or holds a commercial instructional permit or a commercial driver’s license, disqualify the person from operating a commercial motor vehicle.

(v) The suspension imposed shall be:

1. Except as provided in items 2 and 3 of this subparagraph, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing:

A. For a first offense, a suspension for 180 days; or

B. For a second or subsequent offense, a suspension for 180 days;

2. Except as provided in item 3 of this subparagraph, for a test result indicating an alcohol concentration of 0.15 or more at the time of testing:

A. For a first offense, a suspension of 180 days; or

B. For a second or subsequent offense, a suspension of 270 days;

3. Except as provided in item 4 of this subparagraph, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

A. For a first offense, suspend the driver’s license for 6 months; or

B. For a second or subsequent offense, suspend the driver’s license for 1 year;

4. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

A. For a first offense, suspend the driver’s license for 1 year; or

B. For a second or subsequent offense, revoke the driver’s license; or

5. For a test refusal:

A. For a first offense, a suspension for 270 days; or

B. For a second or subsequent offense, a suspension for 2 years.

(vi) A disqualification imposed under subparagraph (ii) or (iii) of this paragraph shall be for a period of 1 year for a first offense, 3 years for a first offense which occurs while transporting hazardous material required to be placarded, and life for a second or subsequent offense which occurs while operating or attempting to operate any commercial motor vehicle.

(vii) A disqualification of a commercial instructional permit or a commercial driver’s license is not subject to any modifications, nor may a restricted commercial instructional permit or commercial driver’s license be issued in lieu of a disqualification.

(viii) A disqualification for life may be reduced if permitted by § 16–812(d) of this title.

(g) Instead of requesting a hearing or on a suspension or revocation under subsection (f) of this section, a person may request to participate in the Ignition Interlock System Program under § 16–404.1 of this title if:

(1) The person’s driver’s license is not currently suspended, revoked, canceled, or refused; and

(2) Within the same time limits set forth in subsection (f) of this section, the person:

(i) Surrenders a valid Maryland driver’s license or signs a statement certifying that the driver’s license is no longer in the person’s possession; and

(ii) Elects in writing to participate in the Ignition Interlock System Program for:

1. 180 days for an offense of a test result indicating an alcohol concentration of at least 0.08 but not more than 0.14;

2. 1 year for an offense of a test result indicating an alcohol concentration of 0.15 or more; or

3. 1 year for an offense of a test refusal.

(h) (1) An initial refusal to take a test that is withdrawn as provided in this subsection is not a refusal to take a test.

(2) A person who initially refuses to take a test may withdraw the initial refusal and subsequently consent to take the test if the subsequent consent:

(i) Is unequivocal;

(ii) Does not substantially interfere with the timely and efficacious administration of the test; and

(iii) Is given by the person:

1. Before the delay in testing would materially affect the outcome of the test; and

2. A. For the purpose of a test for determining alcohol concentration, within 2 hours of the person’s apprehension; or

B. For the purpose of a test for determining the drug or controlled dangerous substance content of the person’s blood, within 4 hours of the person’s apprehension.

(3) In determining whether a person has withdrawn an initial refusal for the purposes of paragraph (1) of this subsection, among the factors that the Administration shall consider are the following:

(i) Whether the test would have been administered properly:

1. For the purpose of a test for determining alcohol concentration, within 2 hours of the person’s apprehension; or

2. For the purpose of a test for determining the drug or controlled dangerous substance content of the person’s blood, within 4 hours of the person’s apprehension;

(ii) Whether a qualified person, as defined in § 10–304 of the Courts Article, to administer the test and testing equipment were readily available;

(iii) Whether the delay in testing would have interfered with the administration of a test to another person;

(iv) Whether the delay in testing would have interfered with the attention to other duties of the arresting officer or a qualified person, as defined in § 10–304 of the Courts Article;

(v) Whether the person’s subsequent consent to take the test was made in good faith; and

(vi) Whether the consent after the initial refusal was while the person was still in police custody.

(4) In determining whether a person has withdrawn an initial refusal for the purposes of paragraph (1) of this subsection, the burden of proof rests with the person to establish by a preponderance of the evidence the requirements of paragraph (2) of this subsection.

(i) Notwithstanding any other provision of this section, if a driver’s license is suspended based on multiple administrative offenses of refusal to take a test, or a test to determine alcohol concentration taken that indicated an alcohol concentration of 0.08 or more at the time of testing, or any combination of these administrative offenses committed at the same time, or arising out of circumstances simultaneous in time and place, or arising out of the same incident, the Administration:

(1) Shall suspend the driver’s license for the administrative offense that results in the lengthiest period of suspension; and

(2) May not impose any additional periods of suspension for the remainder of the administrative offenses.

(j) Notwithstanding any other provision of this section, a test for drug or controlled dangerous substance content under this section:

(1) May not be requested as described under subsection (b) of this section, required as described under subsection (c) of this section, or directed as described under subsection (d) of this section, by a police officer unless the law enforcement agency of which the officer is a member has the capacity to have such tests conducted;

(2) May only be requested as described under subsection (b) of this section, required as described under subsection (c) of this section, or directed as described under subsection (d) of this section, by a police officer who is a trainee, has been trained, or is participating directly or indirectly in a program of training that is:

(i) Designed to train and certify police officers as drug recognition experts; and

(ii) Conducted by a law enforcement agency of the State, or any county, municipal, or other law enforcement agency in the State described in item (3)(i)1 through 12 of this subsection:

1. In conjunction with the National Highway Traffic Safety Administration; or

2. As a program of training of police officers as drug recognition experts that contains requirements for successful completion of the training program that are the substantial equivalent of the requirements of the Drug Recognition Training Program developed by the National Highway Traffic Safety Administration; and

(3) May only be requested as described under subsection (b) of this section, required as described under subsection (c) of this section, or directed as described under subsection (d) of this section:

(i) In the case of a police officer who is a trainee, or who is participating directly or indirectly in a program of training described in item (2) of this subsection, if the police officer is a member of, and is designated as a trainee or a participant by the head of:

1. The Department of State Police;

2. The Baltimore City Police Department;

3. A police department, bureau, or force of a county;

4. A police department, bureau, or force of an incorporated city or town;

5. The Maryland Transit Administration Police Force;

6. The Maryland Port Administration Police Force of the Department of Transportation;

7. The Maryland Transportation Authority Police Force;

8. The Police Force of a University of Maryland campus or another institution in the University System of Maryland or Morgan State University;

9. The police force for a State university or college under the direction and control of the University System of Maryland;

10. A sheriff’s department of any county or Baltimore City;

11. The Natural Resources Police Force or the Forest and Park Service Police Force of the Department of Natural Resources; or

12. The Maryland Capitol Police of the Department of General Services; or

(ii) In the case of a police officer who has been trained as a drug recognition expert, if the police officer is a member of, and certified as a drug recognition expert by the head of one of the law enforcement agencies described in item (i)1 through 12 of this item.

(k) If the Administration imposes a suspension, revocation, or disqualification after a hearing, the person whose license or privilege to drive has been suspended, revoked, or disqualified may appeal the final order of suspension or revocation as provided in Title 12, Subtitle 2 of this article.

(l) (1) Subject to § 16–812(p) of this title, this section does not prohibit the imposition of further administrative sanctions if the person is convicted for any violation of the Maryland Vehicle Law arising out of the same occurrence.

(2) This subsection may not be construed as limiting the provisions of § 16–404.1(m) of this title.

(m) (1) The determination of any facts by the Administration is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence.

(2) The disposition of those criminal charges may not affect any suspension imposed under this section.

(n) (1) Except as otherwise provided in this subsection, a suspension imposed under this section may not be stayed by the Administration pending appeal.

(2) If the person files an appeal and requests in writing a stay of a suspension imposed under this section, the Director of the Division of Administrative Adjudication of the Administration may stay a suspension imposed under this section.

(o) (1) This subsection applies only to a licensee who takes a test that indicates an alcohol concentration of at least 0.08 but less than 0.15 and did not elect to participate in the Ignition Interlock System Program.

(2) The Administration may modify a suspension under this section or issue a restricted license if the Administration finds that:

(i) The licensee is required to drive a motor vehicle in the course of employment;

(ii) The license is required for the purpose of attending an alcohol prevention or treatment program;

(iii) The licensee has no alternative means of transportation available to or from the licensee’s place of employment and, without the license, the licensee’s ability to earn a living would be severely impaired;

(iv) The license is required for the purpose of obtaining health care treatment, including a prescription, that is necessary for the licensee or a member of the licensee’s immediate family and the licensee and the licensee’s immediate family have no alternative means of transportation available to obtain the health care treatment; or

(v) The license is required for the purpose of attending a noncollegiate educational institution as defined in § 2–206(a) of the Education Article or a regular program at an institution of postsecondary education.

(p) (1) This subsection applies only to a licensee who:

(i) Refused to take a test; or

(ii) Took a test that indicated an alcohol concentration of 0.15 or more at the time of testing.

(2) The Administration may modify a suspension under this section or issue a restricted license only if the licensee participates in the Ignition Interlock System Program for 1 year.

(q) (1) If the Administration modifies a suspension under this section or issues a restricted license on condition that the licensee participate in the Ignition Interlock System Program and the licensee does not successfully complete the Program, the Administration shall suspend the licensee’s driver’s license or driving privilege for the full period of suspension specified in this section for the applicable violation.

(2) The Administration shall notify a licensee of a suspension under this subsection.

(3) A licensee may request an administrative hearing on a suspension imposed under this subsection.

(4) If a licensee requests a hearing under this subsection, the suspension shall be stayed pending the decision at the administrative hearing.

(r) The provisions of this section relating to disqualification do not apply to offenses committed by an individual in a noncommercial motor vehicle before:

(1) September 30, 2005; or

(2) The initial issuance to the individual of a commercial instructional permit by any state.
Md. Code, Education § 16-106 — MD Code / Article ged / Title 16 / Subtitle 1 / Section 16-106
§16–106.
Status: in_force

(a) Any full–time classified employee of a community college who enrolls, during his nonworking hours, in any class at the community college that has at least 10 regularly enrolled students:

(1) Is exempt from payment of tuition; and

(2) May not be counted in computing full–time equivalent enrollment at the community college under § 16–305 of this title.

(b) (1) (i) In this subsection, “tuition” means the basic instructional charge for courses offered at a community college.

(ii) “Tuition” does not include:

1. Any fees or costs associated with a self–supporting program; or

2. Any fees for:

A. Registration;

B. Application;

C. Administration; or

D. Laboratory work.

(2) Except as provided in paragraph (3) of this subsection, any resident of this State who is 60 years old or older and who enrolls in any class, which is eligible under § 16–305 of this title for State support, at the community college:

(i) Shall be exempt from payment of tuition; and

(ii) Shall be counted in computing full–time equivalent enrollment under § 16–305 of this title if enrolled in any class that is eligible for State support.

(3) A community college is required to waive the tuition for a course for senior citizens under this subsection only when course space is available.

(4) This subsection may not be construed to prohibit a community college board of trustees from offering senior citizens other educational opportunities free of charge, provided that the senior citizen is not counted in computing full–time equivalent enrollment for the purpose of receiving State support.

(c) (1) Any resident of this State who is out of the work force by reason of total and permanent disability who enrolls at a community college in a class that has at least 10 regularly enrolled students:

(i) Is exempt from payment of tuition:

1. For up to 6 credits per semester or up to 12 credits per semester if the individual is enrolled in classes as part of a degree or a certificate program designed to lead to employment; or

2. For continuing education instruction designed to lead to employment, including life skills instruction; and

(ii) Shall be counted in computing full–time equivalent enrollment under § 16–305 of this title.

(2) In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection shall provide the community college with certification from the Social Security Administration, the Railroad Retirement Board, or in the case of a former federal employee, from the individual’s federal retirement or pension authority of the individual’s:

(i) Total and permanent disability; and

(ii) Receipt of disability or retirement benefits based on a standard that is at least as stringent as the standard applied by the Social Security Act.

(3) Certification from the Social Security Administration of an individual’s receipt of disability or retirement benefits under either Title II or Title XVI of the federal Social Security Act shall satisfy the requirement in paragraph (2)(ii) of this subsection.

(4) (i) In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection and is enrolled in a degree or certificate program shall submit a timely application for any State or federal student financial aid, other than a student loan, for which the student may qualify.

(ii) Any student financial aid, other than a student loan, received by the student shall be applied first to pay the student’s tuition.

(iii) Under this exemption, the waiver shall apply to the difference, if any, between the charge for tuition and the financial aid award, not including a student loan, that the student receives.

(iv) On request, the community college shall assist any individual required to submit an application for State or federal student financial aid under this paragraph.
Md. Code, Alcoholic Beverages and Cannabis § 16-2501 — MD Code / Article gab / Title 16 / Subtitle 25 / Section 16-2501
§16–2501.
Status: in_force

(a) From 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in:

(1) an establishment open to the public;

(2) a place of public entertainment; or

(3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article.

(b) An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Business Occupations and Professions § 16-309 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-309
§16–309.
Status: in_force

To qualify for renewal of a license under this subtitle, a licensee shall provide to the Commission adequate evidence that the licensee meets the minimum continuing education requirements established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Md. Code, Business Occupations and Professions § 16-310 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-310
§16–310.
Status: reserved

(a) The Commission shall reinstate the license of a real estate appraiser who has failed to renew the license, if the real estate appraiser:

(1) applies to the Commission for reinstatement within 3 years after the license expires;

(2) meets the requirements of § 16–308 of this subtitle; and

(3) in addition to the renewal fee required under § 16–308 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.

(b) (1) If an individual fails to renew a license for any reason and applies to the Commission for reinstatement more than 3 years after the license has expired, the Commission may:

(i) require the individual to reapply for a license under § 16–302 of this subtitle; or

(ii) subject to paragraph (2) of this subsection, reinstate the license.

(2) The Commission may reinstate a license under paragraph (1)(ii) of this subsection only if the individual:

(i) meets the renewal requirements of § 16–308 of this subtitle;

(ii) if required by the Commission, states the reasons why reinstatement should be granted; and

(iii) in addition to the renewal fee required under § 16–308 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
Md. Code, Criminal Procedure § 16-403 — MD Code / Article gcp / Title 16 / Subtitle 4 / Section 16-403
§16–403.
Status: in_force

(a) The provisions of this title are severable.

(b) The invalidity of a provision of this title does not affect other provisions that can be given effect without the invalid provision.
Md. Code, Business Regulation § 16-220 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-220
§16–220.
Status: in_force

(a) The Executive Director shall seal a vending machine to prevent the sale or removal of cigarettes from the machine if:

(1) a tax stamp is not visible on each visible package of cigarettes in the machine, as required by § 16–209(b)(1) of this subtitle; or

(2) the machine is not labeled as required by § 16–209(b)(2) of this subtitle.

(b) If the violation for which a vending machine is sealed has been corrected in the presence of the Executive Director or the Executive Director’s designee, the Executive Director shall remove the seal.
Md. Code, Business Occupations and Professions § 16-3A-06 — MD Code / Article gbo / Title 16 / Subtitle 3A / Section 16-3A-06
§16–3A–06.
Status: in_force

While a home inspector license is in effect, it authorizes the licensee to provide home inspection services.
Md. Code, Insurance § 16-101 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

Except as otherwise provided in this title, this title applies to contracts of life insurance and annuities, other than reinsurance, group life insurance, and group annuities.
Md. Code, Business Regulation § 16-308.3 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-308.3
§16–308.
Status: in_force

§16–308.3.

(a) (1) Subject to paragraph (2) of this subsection, the Maryland Department of Health or its designee shall conduct at least one unannounced inspection of a licensed retailer to ensure the licensee’s compliance with the provisions of this title and § 10–107 of the Criminal Law Article each year.

(2) If a licensed retailer violates any provision of this title or § 10–107 of the Criminal Law Article, the Maryland Department of Health shall conduct an additional unannounced inspection within 180 days after the initial inspection.

(b) The Maryland Department of Health or its designee may use an individual under the age of 21 years to assist in conducting an inspection under this section.

(c) To determine the location of a licensed retailer subject to an unannounced inspection, the Maryland Department of Health or its designee shall use the list of licensed retailers as of December 31 of the previous calendar year.
Md. Code, Business Regulation § 16-3A-03 — MD Code / Article gbr / Title 16 / Subtitle 3A / Section 16-3A-03
§16–3A–03.
Status: in_force

A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
Md. Code, Alcoholic Beverages and Cannabis § 16-1405.1 — MD Code / Article gab / Title 16 / Subtitle 14 / Section 16-1405.1
§16–1405.
Status: in_force

§16–1405.1.

An application for a license shall include a petition of support signed by at least 10 residents who are owners of real estate and registered voters of the precinct in which the business is to be conducted stating:

(1) the length of time each of the residents has been acquainted with the applicant or, if the applicant is a corporation, acquainted with the individuals making the application; and

(2) that they have examined the application, have good reason to believe that the statements contained in the application are true, and in their judgment the applicant is a suitable person to obtain the license.
Md. Code, Housing and Community Development § 16-107 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-107
§16–107.
Status: in_force

(a) Under the powers given elsewhere in this Division II, the Montgomery Commission may provide housing or housing projects for persons of eligible income, but may do so only in accordance with local law or under a contract with Montgomery County.

(b) In accordance with subsection (a) of this section and in addition to the powers listed elsewhere in this Division II or given by local law, the Montgomery Commission may:

(1) make mortgage loans and rent subsidy payments to persons of eligible income;

(2) make construction loans and long-term mortgage loans to any person to produce housing for persons of eligible income; and

(3) purchase mortgages secured by housing for persons of eligible income.

(c) Under the powers listed elsewhere in this Division II, the Montgomery Commission may:

(1) enter into development agreements as may be necessary or convenient in which:

(i) at least 50% of the units are initially occupied by individuals of families whose income individually or as part of a family unit is equal to or less than:

1. 60% of the median income for the statistical area in which the units are located as determined by the federal Office of Management and Budget; or

2. a lesser income that may be determined by the chief elected official or chief elected official’s designee in the jurisdiction in which the property is located; or

(ii) at least 20% of the units are initially occupied by individuals who are eligible for federal subsidies; and

(2) contract to furnish services, consultation, advice, and assistance to other housing authorities or other persons in or outside of the State to assist in developing, managing, renovating, or constructing housing described under item (1) of this subsection.