Md. Code, Education § 14-410 — MD Code / Article ged / Title 14 / Subtitle 4 / Section 14-410
§14–410.
Status: in_force

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

(2) “Academic year” means the period commencing with the fall semester and continuing through the immediately following summer session at St. Mary’s College of Maryland.

(3) “Fund” means the Higher Education Investment Fund established in § 15–106.6 of this article.

(4) (i) “Tuition” means the charges approved by the Board of Trustees of St. Mary’s College of Maryland that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student’s degree program, field of study, or selected courses.

(ii) “Tuition” does not include:

1. Fees that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student’s degree program, field of study, or selected courses;

2. Fees dedicated to support auxiliary enterprises and other self–funded activities of the institution; or

3. A fee required only for enrollment in a specific degree program, field of study, or course when that fee is not required of undergraduate resident students at the institution for enrollment in other degree programs, fields of study, or courses.

(b) Notwithstanding any other provision of law, for the academic years beginning in the fall of 2013 and the fall of 2014, the Board of Trustees may not approve and may not impose an increase in the tuition charged for an academic year to a resident undergraduate student at the institution over the amount charged for tuition at the institution in the preceding academic year.

(c) From the Fund, the Governor shall appropriate to St. Mary’s College of Maryland:

(1) For fiscal year 2014, $800,000; and

(2) For fiscal year 2015, $1,616,000.

(d) The calculation made under § 14–405 of this subtitle for the fiscal year 2016 General Fund grant shall include the fiscal year 2015 appropriation from the Fund made under this section.
Md. Code, State Finance and Procurement § 14-601 — MD Code / Article gsf / Title 14 / Subtitle 6 / Section 14-601
§14–601.
Status: in_force

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

(b) “Veteran” means an individual who is verified to be a veteran, as defined in § 9–901 of the State Government Article.

(c) “Veteran–owned small business enterprise” means a for–profit business that:

(1) meets the size standards adopted by the United States Small Business Administration in 13 C.F.R. 121.201 and any subsequent revision of that regulation; and

(2) is at least 51% owned by one or more individuals who:

(i) are veterans; and

(ii) control the management and daily operations of the business.
Md. Code, Health Occupations § 14-5A-22 — MD Code / Article gho / Title 14 / Subtitle 5A / Section 14-5A-22
§14–5A–22.
Status: in_force

A person may not provide, attempt to provide, offer to provide, or represent that the person provides respiratory care unless the respiratory care is provided by an individual who is authorized to practice respiratory care under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 14-1505 — MD Code / Article gab / Title 14 / Subtitle 15 / Section 14-1505
§14–1505.
Status: in_force

A license shall expire on the next June 30 after its issuance.
Md. Code, Commercial Law § 14-1003 — MD Code / Article gcl / Title 14 / Subtitle 10 / Section 14-1003
§14–1003.
Status: in_force

(a) An automotive repair facility shall prepare an invoice which describes:

(1) All work done by it, including all warranty work; and

(2) All parts supplied by it.

(b) The invoice shall state clearly:

(1) If any used, rebuilt, or reconditioned parts have been supplied or if a part of a component system supplied is composed of used, rebuilt, or reconditioned parts; and

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

(c) The invoice shall include the following notice:

“Manufacturer Special Policy Adjustment Programs

Federal law requires manufacturers to furnish the National Highway Traffic Safety Administration (N.H.T.S.A.) with bulletins describing any defects in their vehicles. You may obtain copies of these bulletins from either the manufacturer or N.H.T.S.A. In addition, certain consumer publications or organizations publish this information, which may be available for a fee or for free.”

(d) After the customer signs the invoice, the automotive repair facility shall give the customer a copy of it and retain a copy.
Md. Code, Commercial Law § 14-3904 — MD Code / Article gcl / Title 14 / Subtitle 39 / Section 14-3904
§14–3904.
Status: in_force

The information provided by an arbitration organization under § 14–3903 of this subtitle may be considered in determining whether a consumer arbitration agreement is unconscionable or otherwise unenforceable under law.
Md. Code, Public Safety § 14-218 — MD Code / Article gps / Title 14 / Subtitle 2 / Section 14-218
§14–218.
Status: in_force

(a) A person may not make or use an affidavit required under § 14-208 of this subtitle if the person knows the affidavit is false.

(b) A person may not knowingly participate in an eviction or distress in a manner other than in accordance with § 14-212 of this subtitle.

(c) A person may not knowingly resume possession of property subject to § 14-213 of this subtitle in a manner other than in accordance with § 14-213(a) of this subtitle.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code, Health Occupations § 14-5B-12.1 — MD Code / Article gho / Title 14 / Subtitle 5B / Section 14-5B-12.1
§14–5B–12.
Status: in_force

§14–5B–12.1.

(a) A licensee shall notify the Board in writing of a change in name or address within 30 days after the change.

(b) A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
Md. Code, State Finance and Procurement § 14-602.1 — MD Code / Article gsf / Title 14 / Subtitle 6 / Section 14-602.1
§14–602.
Status: in_force

§14–602.1.

(a) In this section, “veteran–owned small business reserve” means those procurements that are limited to responses from businesses that qualify as a veteran–owned small business enterprise.

(b) (1) Except as provided in paragraph (2) of this subsection, this section applies to all procurements by the Department of Veterans and Military Families and the Military Department or any unit acting on behalf of the Department of Veterans and Military Families or the Military Department.

(2) This section does not apply to:

(i) procurements made under Subtitle 1 of this title; or

(ii) procurements involving expenditures of federal dollars, to the extent that the requirements in this section conflict with federal law or other grant provisions.

(c) Notwithstanding Subtitle 5 of this title, any procurement by the Department of Veterans and Military Families or the Military Department of goods, supplies, services, maintenance, construction, construction related services, architectural services, and engineering services shall be eligible for designation for the veteran–owned small business reserve.

(d) The Governor’s Office of Small, Minority, and Women Business Affairs shall:

(1) in consultation with the Chief Procurement Officer and the Attorney General, establish standards and guidelines for participation in the veteran–owned small business reserve program every 5 years;

(2) establish guidelines for veteran–owned small business reserve program administration; and

(3) collect data regarding the Department of Veterans and Military Families’ and the Military Department’s use of veteran–owned small business reserve vendors.
Md. Code, Health Occupations § 14-313 — MD Code / Article gho / Title 14 / Subtitle 3 / Section 14-313
§14–313.
Status: in_force

(a) Subject to subsection (b) of this section, the Board shall issue a license to any applicant who meets the requirements of this title.

(b) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this subtitle, in determining whether to issue a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

(iv) The length of time that has passed since the crime;

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not issue a license if the criminal history record information required under § 14–308.1 of this subtitle has not been received.
Md. Code, Commercial Law § 14-1306 — MD Code / Article gcl / Title 14 / Subtitle 13 / Section 14-1306
§14–1306.
Status: in_force

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

(2) “Appliance” means any device used for a specific purpose, including any device run by electrical or mechanical means.

(3) “Service contract” means a contract between the owner of an appliance and another person under which the owner agrees to pay a specified amount of money in exchange for any necessary upkeep or repair to the appliance over a specified period.

(4) “Service contractor” means the person obligated to perform any upkeep or repair under a service contract.

(b) The duration of a service contract is extended automatically for each day an appliance is in the custody of a service contractor for upkeep or repair under a service contract, if it is in his custody:

(1) For 15 or more consecutive days; or

(2) For a total of 15 or more days in any 30-day period for the same upkeep or repairs.

(c) For purposes of this section, the number of days during which the service contractor has custody of an appliance does not include any day:

(1) During which the owner has possession of the appliance; or

(2) After the day on which the owner receives notice that the service is completed and, without fault of the service contractor, fails to take possession of the appliance.

(d) This section applies to a service contract executed after June 30, 1974.
Md. Code, Tax - Property § 14-904 — MD Code / Article gtp / Title 14 / Subtitle 9 / Section 14-904
§14–904.
Status: in_force

(a) A person who submits a written refund claim to the appropriate collector for State property tax erroneously or mistakenly paid to the collector is eligible for a refund from the State Treasury of the amount of State property tax paid that exceeds the amount that is properly and legally chargeable to or collectible from the person.

(b) If the assessment on which State property tax is payable has become final and has not been appealed as provided by Subtitle 5 of this title, a person is eligible for a refund of State property tax only if the person paid a tax bill that is erroneous because of a mathematical error, mechanical error, error in the property description, or other clerical error made by the taxing authority or assessing authority, and not because of an error of valuation.
Md. Code, Business Occupations and Professions § 14-309 — MD Code / Article gbo / Title 14 / Subtitle 3 / Section 14-309
§14–309.
Status: in_force

(a) Subject to this section, if an applicant fails an examination given under this subtitle, the applicant may retake the examination in accordance with the Council’s reexamination policies unless the policies have been otherwise amended by the Board.

(b) An applicant for reexamination shall:

(1) submit to the Board a request for reexamination on the form that the Board provides; and

(2) pay to the Board or the Board’s designee the reexamination fee set by the Board in an amount not to exceed the cost of the examination.

(c) The Board may adopt regulations to set conditions for retaking examinations, including requirements that an applicant:

(1) wait a reasonable period after failing an examination; and

(2) provide evidence acceptable to the Board of updated experience or education.

(d) A reexamination fee paid under subsection (b)(2) of this section is not refundable.
Md. Code, Commercial Law § 14-1912 — MD Code / Article gcl / Title 14 / Subtitle 19 / Section 14-1912
§14–1912.
Status: in_force

(a) Any credit services business which willfully fails to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure;

(2) A monetary award equal to 3 times the total amount collected from the consumer, as ordered by the Commissioner;

(3) Such amount of punitive damages as the court may allow; and

(4) In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney’s fees as determined by the court.

(b) Any credit services business which is negligent in failing to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure; and

(2) In the case of any successful action to enforce any liability under this section, the cost of the action together with reasonable attorney’s fees as determined by the court.
Md. Code, Alcoholic Beverages and Cannabis § 14-204.1 — MD Code / Article gab / Title 14 / Subtitle 2 / Section 14-204.1
§14–204.
Status: in_force

§14–204.1.

(a) Except as provided in subsection (b) of this section, at least 3 months before submitting a legislative proposal to the county delegation for introduction as a bill in a session of the General Assembly, the Board shall:

(1) post a notice of the proposal on the Board’s website;

(2) send a notice of the proposal by e–mail to each license holder; and

(3) hold a public hearing on the proposal.

(b) Subsection (a) of this section does not apply to a legislative proposal to the county delegation for introduction as an emergency bill in a session of the General Assembly.
Md. Code, Alcoholic Beverages and Cannabis § 14-102 — MD Code / Article gab / Title 14 / Subtitle 1 / Section 14-102
§14–102.
Status: in_force

This title applies only in Calvert County.
Md. Code, Commercial Law § 14-4405 — MD Code / Article gcl / Title 14 / Subtitle 44 / Section 14-4405
§14–4405.
Status: in_force

(a) A direct–to–consumer genetic testing company shall establish legal policies and processes for disclosing genetic data to law enforcement or another government agency without a consumer’s express written consent.

(b) A direct–to–consumer genetic testing company shall develop, implement, and maintain a comprehensive security program to protect consumers’ genetic data against unauthorized access, use, or disclosure.

(c) A direct–to–consumer genetic testing company shall establish a process for a consumer to:

(1) Access the consumer’s genetic data;

(2) Delete the consumer’s account and genetic data; and

(3) Request the destruction of the consumer’s biological sample.

(d) Notwithstanding any other provisions of law, a direct–to–consumer genetic testing company may not, without the consumer’s written consent, disclose a consumer’s genetic data to:

(1) An entity offering health insurance, life insurance, disability insurance, or long–term care insurance; or

(2) An employer of the consumer.
Md. Code, Business Regulation § 14-129 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-129
§14–129.
Status: in_force

This subtitle is the Maryland Business Opportunity Sales Act.
Md. Code, Commercial Law § 14-4503 — MD Code / Article gcl / Title 14 / Subtitle 45 / Section 14-4503
§14–4503.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, a violation of this subtitle is:

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

(ii) Subject to the enforcement and penalty provisions contained in Title 13 of this article.

(2) (i) A called party who is aggrieved by a person who violates this subtitle may bring an action in accordance with § 13–408 of this article to enjoin further violations and to recover damages up to $500 or actual damages, whichever is greater.

(ii) If the court finds the defendant willfully or knowingly violated this subtitle, the court may award damages up to three times the amount of damages under subparagraph (i) of this paragraph.

(b) There is a rebuttable presumption that a telephone solicitation made to any area code in the State is made to a resident or a person who is reasonably presumed to reside or have a place of business in the State at the time the call is made.

(c) This subtitle does not preclude the applicability of §§ 8–204 and 8–205 and Title 13 of the Public Utilities Article to a telephone solicitation subject to this subtitle.

(d) Except as provided in § 14–4502(a)(3) of this subtitle, the requirements and remedies provided under this subtitle may not be waived by an agreement, unless the agreement is part of a settlement of a legal dispute or action.

(e) Nothing in this subtitle prohibits an agreement from establishing more extensive requirements or remedies than the requirements and remedies contained in this subtitle.
Md. Code, Business Regulation § 14-106 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-106
§14–106.
Status: in_force

To enforce this subtitle, the Commissioner may pass orders and adopt regulations and forms.
Md. Code, Commercial Law § 14-3305 — MD Code / Article gcl / Title 14 / Subtitle 33 / Section 14-3305
§14–3305.
Status: in_force

An immigration consultant shall post, in a conspicuous location at each place of business at which the immigration consultant provides immigration consulting services, a sign that states, “I am not an attorney licensed to practice law in Maryland, and may not provide legal forms, provide legal advice, or provide legal services.”
Md. Code, Commercial Law § 14-3804 — MD Code / Article gcl / Title 14 / Subtitle 38 / Section 14-3804
§14–3804.
Status: in_force

(a) At the time a consumer applies through a facilitator for a refund anticipation loan, the facilitator shall disclose to the consumer, on a form that is separate from the application, in 14 point type, the following:

(1) The fee for the refund anticipation loan, including any fee for tax preparation or other fees charged to the consumer;

(2) The annual percentage rate payable on the refund anticipation loan;

(3) The time within which the proceeds of the refund anticipation loan will be paid to the consumer if the refund anticipation loan is approved;

(4) A legend, centered and in bold capital letters in 18 point type, stating:

“NOTICE”; and

(5) The statement:

“This is a loan. You are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your tax refund is delayed, you may have to pay additional costs. You usually can get your tax refund in 8 to 15 days without getting a loan or paying extra fees. You can have your tax return filed electronically and your tax refund direct deposited into your bank account without obtaining a loan or other paid product.”.

(b) The annual percentage rate for a refund anticipation loan shall be calculated using the guidelines established under the federal Truth in Lending Act.

(c) At the time a consumer applies through a facilitator for a refund anticipation check, the facilitator shall disclose to the consumer, on a form that is separate from the application, in 14 point type, the following:

(1) The fee for the refund anticipation check, including any fee for tax preparation or other fees charged to the consumer;

(2) The time within which the proceeds of the refund anticipation check will be paid to the consumer;

(3) A legend, centered and in bold capital letters in 18 point type, stating:

“NOTICE”; and

(4) The statement:

“You are paying (amount of refund anticipation check fee) to get your tax refund check through (name of issuer of the refund anticipation check). You can avoid this fee and still receive your tax refund in the same amount of time by having your tax refund direct deposited into your bank account. You also can wait for the Internal Revenue Service to mail you a tax refund check.”.

(d) Before completing a refund anticipation loan or refund anticipation check transaction, a facilitator shall provide to a consumer, in a form that can be retained by the consumer, the following:

(1) The disclosures required by this section;

(2) A copy of the completed refund anticipation loan or refund anticipation check application and agreement; and

(3) For a refund anticipation loan, the disclosures required by the federal Truth in Lending Act.

(e) The disclosures required by this section shall be provided in English and in the language primarily used for oral communication between the facilitator and the consumer.
Md. Code, Election Law § 14-104 — MD Code / Article gel / Title 14 / Subtitle 1 / Section 14-104
§14–104.
Status: in_force

(a) A person doing public business shall file a statement with the State Board as provided in this section.

(b) (1) Within 15 business days after filing the registration statement required under § 14–103.1 of this title, a person doing public business shall file an initial statement covering the preceding 24 months.

(2) (i) A person who files an initial statement under paragraph (1) of this subsection, a person who was doing public business on December 31, 2014, or a person who has obtained approval from the State Board under subsection (c)(2) of this section, shall file a semi–annual statement in accordance with this paragraph for each reporting period specified in subparagraph (ii) of this paragraph if performance remains uncompleted on the contract that caused the person to be doing public business.

(ii) 1. The statements required by subparagraph (i) of this paragraph shall cover 6–month reporting periods ending on April 30 or October 31.

2. A statement required by subparagraph (i) of this paragraph shall be filed on or before the last day of the month immediately following the day on which the reporting period ends.

(c) (1) The statement required by this section shall be made under oath and, except as provided in paragraph (2) or (3) of this subsection, shall contain:

(i) the name of each candidate, if any, to whom one or more applicable contributions in a cumulative amount of $500 or more were made during the reporting period;

(ii) the office sought by each candidate named in item (i) of this paragraph;

(iii) the amount of aggregate contributions made to each candidate named in item (i) of this paragraph;

(iv) the name of each unit of a governmental entity with which the person did public business during the reporting period;

(v) the nature and amount of public business done with each unit of a governmental entity; and

(vi) if the public business was done or the contribution was made by another person but is attributed to the person filing the statement, the name of the person who did the public business or made the contribution and the relationship of that person to the person filing the statement.

(2) (i) The information required by paragraph (1)(iv) and (v) of this subsection may be omitted on the written approval of the State Board if the State Board finds that:

1. requiring the information would be unduly burdensome;

2. the public interest would not be impaired substantially by the omission of this information; and

3. the person filing the statement stipulates that the person has done public business during the reporting period.

(ii) A person who has obtained approval from the State Board under this paragraph:

1. is not required to file an initial statement under subsection (b)(1) of this section;

2. shall file the statements required under subsection (b)(2) of this section if performance remains uncompleted on any contract that causes the person to be doing public business; and

3. shall include in each statement the information required under paragraph (1)(i), (ii), (iii), and (vi) of this subsection for all contributions by the person or attributed to the person in a cumulative amount of $500 or more to or for the benefit of a candidate for an office of any governmental entity.

(3) If a person doing public business did not make applicable contributions in a cumulative amount of $500 or more to a candidate during the reporting period, the statement filed by the person under this section is required to contain only the following:

(i) the name of each unit of a governmental entity with which the person did public business during the reporting period, unless the person has obtained approval from the State Board under paragraph (2) of this subsection to omit this information; and

(ii) a stipulation that the person did not make applicable contributions in a cumulative amount of $500 or more to a candidate during the reporting period.

(d) The State Board shall retain each statement filed under this title as a public record for at least 2 years after its receipt and shall make the statement publicly available on the Internet.

(e) A person shall file a statement required under this section in an electronic format required by the State Board.
Md. Code, Business Regulation § 14-219 — MD Code / Article gbr / Title 14 / Subtitle 2 / Section 14-219
§14–219.
Status: in_force

(a) (1) Unless registration of an offer of a franchise is renewed for a 1-year term as provided in this section, the registration expires on the first anniversary of its effective date.

(2) However, the Commissioner by regulation or order may set a different term of registration.

(b) (1) Before registration expires, the registrant periodically may renew it for an additional 1-year term, if the registrant:

(i) at least 15 business days before the expiration of registration files with the Commissioner:

1. a renewal application on the form that the Commissioner provides; and

2. a prospectus;

(ii) otherwise is entitled to be registered; and

(iii) pays a renewal fee of $250.

(2) The registrant shall sign and verify the renewal application.

(3) The Commissioner by order may allow a registrant to submit a renewal application after the 15th business day before expiration of the registration.

(c) The Commissioner shall renew the registration of an offer of a franchise if it meets the requirements of this section.

(d) Unless a stop order or other order is in effect under this subtitle, renewal of the registration of the offer of a franchise automatically takes effect at:

(1) noon on the day when the previous registration is due to expire; or

(2) an earlier time that the Commissioner sets.
Md. Code, Estates and Trusts § 14-304 — MD Code / Article get / Title 14 / Subtitle 3 / Section 14-304
§14–304.
Status: in_force

(a) Notwithstanding any provisions to the contrary in the governing instrument, the trustee or trustees of any charitable remainder trust created after July 31, 1969, with the consent of each beneficiary named in the governing instrument, without application to any court, may amend the governing instrument to conform to the provision of § 664 of the Internal Revenue Code by executing a written amendment to the trust for the purpose.

(b) Consent is not required as to individual named beneficiaries not living at the time of amendment.

(c) In the case of an individual beneficiary not competent to give consent, the consent of a guardian, appointed by a court of competent jurisdiction, shall be treated as consent of the beneficiary.

(d) In the case of any amendment to a trust created by will, the amendment, if provided in the amendment, may be considered to apply as of the date of death of the testator.
Md. Code, Transportation § 14-110 — MD Code / Article gtr / Title 14 / Subtitle 1 / Section 14-110
§14–110.
Status: in_force

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

(2) “Falsify” includes alter, counterfeit, duplicate, or forge.

(3) “Registration plate” means every plate or marker required by law to be attached to a vehicle, but does not include the temporary number plate referred to in § 13–415(e)(1) of this article.

(b) A person may not, with fraudulent intent, falsify or attempt to falsify any certificate of title, registration card, registration plate, validation tab, permit, or any other official document issued by the Administration.

(c) A person may not, with fraudulent intent, manufacture, construct, or possess any paraphernalia for use in any falsification prohibited by this section.

(d) A person may not, with fraudulent intent, possess, give away, sell, or attempt to sell any item falsified in violation of this section.

(e) A person may not, with fraudulent intent, falsify any assignment on a certificate of title.

(f) A person may not hold any document or registration plate described in this section, knowing that it has been falsified in violation of this section.

(g) A person may not use any document or registration plate described in this section, knowing that it has been falsified in violation of this section.

(h) A person convicted of a violation of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
Md. Code, Criminal Procedure § 14-109 — MD Code / Article gcp / Title 14 / Subtitle 1 / Section 14-109
§14–109.
Status: in_force

(a) (1) The State Prosecutor may prosecute a criminal offense set forth in the State Prosecutor’s report of the findings and recommendations if, within 45 days after receipt of the report, the State’s Attorney fails to file charges and begin prosecution in accordance with the recommendations.

(2) Notwithstanding paragraph (1) of this subsection, the State Prosecutor may immediately prosecute a criminal offense that is set forth in the State Prosecutor’s report and that is alleged to have been committed by the State’s Attorney.

(b) (1) The State Prosecutor shall represent the State in each appeal and postconviction proceeding that arises from a prosecution that the State Prosecutor conducts.

(2) Notwithstanding paragraph (1) of this subsection, the Attorney General may represent the State or assist the State Prosecutor:

(i) on the request of the State Prosecutor; or

(ii) as required by law in an appeal or collateral proceeding described in paragraph (1) of this subsection.
Md. Code, Health Occupations § 14-322 — MD Code / Article gho / Title 14 / Subtitle 3 / Section 14-322
§14–322.
Status: in_force

Notwithstanding any other law, the Board may not require as a qualification to obtain a license or as a condition to renew a license:

(1) Certification by a nationally recognized accrediting organization that specializes in a specific area of medicine; or

(2) Maintenance of certification by a nationally recognized accrediting organization that specializes in a specific area of medicine that includes continuous reexamination to measure core competencies in the practice of medicine as a requirement for maintaining certification.
Md. Code, Environment § 14-209 — MD Code / Article gen / Title 14 / Subtitle 2 / Section 14-209
§14–209.
Status: in_force

Nothing in this subtitle repeals, amends, or otherwise affects any other law of the State or its political subdivisions relating to the underground storage of gas or the pollution of underground waters.
Md. Code, Business Regulation § 14-115 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-115
§14–115.
Status: in_force

(a) If a seller guarantees that a buyer will derive from a business opportunity income that will exceed the price paid for the business opportunity or represents that the seller will refund all or part of the price paid or repurchase the products, equipment, or supplies sold or leased by the seller if the buyer is not satisfied with the business opportunity, the seller shall:

(1) get a surety bond in favor of the State from a surety company authorized to do business in the State; or

(2) establish a trust account in favor of the State with an insured bank or savings institution in the State.

(b) The amount of the bond or trust account shall be at least $50,000.

(c) (1) A person may bring an action against the bond or trust account to recover damages resulting from:

(i) a violation of this subtitle; or

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

(2) The surety or trustee is liable only for actual damages up to the amount of the bond or trust account.
Md. Code, Commercial Law § 14-402 — MD Code / Article gcl / Title 14 / Subtitle 4 / Section 14-402
§14–402.
Status: in_force

This subtitle shall be liberally construed and applied to promote its purposes and policies.
Md. Code, Commercial Law § 14-501 — MD Code / Article gcl / Title 14 / Subtitle 5 / Section 14-501
§14–501.
Status: in_force

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

(b) “Artist” means any person who conceived or created:

(1) The master image for a fine print; or

(2) The master image which served as the model for a fine print.

(c) (1) “Fine print” means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts.

(2) “Fine print” includes an engraving, etching, woodcut, lithograph, or serigraph.

(d) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(e) “Plate” means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken.

(f) “Print” means a fine print.

(g) “Signed print” means a fine print autographed by the artist, whether it was signed or unsigned in the plate.
Md. Code, Real Property § 14-309 — MD Code / Article grp / Title 14 / Subtitle 3 / Section 14-309
§14–309.
Status: in_force

Nothing in this subtitle affects the right of any broker, to whom a commercial leasing commission is due and payable under a commercial leasing brokerage agreement, to maintain any personal action against the owner of commercial property or any other person for the commission due and payable.
Md. Code, Health Occupations § 14-5A-23 — MD Code / Article gho / Title 14 / Subtitle 5A / Section 14-5A-23
§14–5A–23.
Status: in_force

(a) A person who violates § 14–5A–20, § 14–5A–21, or § 14–5A–22 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(b) A person who violates § 14–5A–20, § 14–5A–21, or § 14–5A–22 of this subtitle is subject to a civil fine of not more than $5,000 to be levied by a disciplinary panel.

(c) The Board shall pay any penalty collected under this section into the Board of Physicians Fund.
Md. Code, Commercial Law § 14-1224 — MD Code / Article gcl / Title 14 / Subtitle 12 / Section 14-1224
§14–1224.
Status: in_force

Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency’s files to a person not authorized to receive that information shall be fined not more than $5,000 or imprisoned not more than one year or both.
Md. Code, Public Safety § 14-803 — MD Code / Article gps / Title 14 / Subtitle 8 / Section 14-803
§14–803.
Status: in_force

(1) Article 1. Purpose.

(a) (1) The purpose of this Compact is to provide for emergency management mutual assistance between the jurisdictions entering into this Compact.

(2) This Compact also shall provide for mutual cooperation in emergency management–related exercises, testing, or other training activities.

(2) Article 2. Requests for Assistance.

(b) (1) The senior elected official of each jurisdiction shall designate authorized representatives. An authorized representative of a party jurisdiction may request assistance from another party jurisdiction by contacting an authorized representative of that jurisdiction.

(2) The provisions of this Compact shall apply only to requests for assistance made by and to authorized representatives.

(3) Requests may be verbal or in writing.

(4) If verbal, the request shall be confirmed in writing at the earliest possible date, but no later than 10 calendar days following the verbal request.

(5) Written requests shall provide the following information:

(i) The functional areas for which assistance is needed, including fire services, law enforcement, emergency medical services, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;

(ii) The mission, capability, size, and amount of the requested aid; and

(iii) The logistics, location, and time for staging the aid from a responding party jurisdiction.

(6) There shall be frequent consultations between the Maryland Department of Emergency Management and appropriate representatives of the party jurisdictions with the unhindered exchange of information and plans generally relating to emergency management.

(7) An authorized representative of the requesting party jurisdiction will advise the Maryland Department of Emergency Management of verbal requests and provide copies of written requests.

(3) Article 3. Limitations.

(c) (1) Any jurisdiction which is a party to this Compact and which receives a request for assistance shall take such actions as are necessary to provide requested resources.

(2) Any party jurisdiction may withhold resources to the extent necessary to provide reasonable protection to its own jurisdiction.

(3) Each party jurisdiction shall afford to the emergency responders of any party jurisdiction operating within the requesting jurisdiction under the terms and conditions of this Compact, the same powers, duties, rights, and privileges as are afforded those of the jurisdiction in which they are performing emergency services.

(4) Emergency responders will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the requesting jurisdiction.

(5) Emergency responders shall have the same powers, duties, rights, and privileges as personnel of the requesting jurisdiction correspondent to performing the same function.

(6) The provisions of this article shall only:

(i) Take effect when resources loaned under the terms and conditions of this Compact by the responding party jurisdiction arrive in the requesting party jurisdiction; and

(ii) Continue in effect as long as resources loaned under the terms and conditions of this Compact by the responding party jurisdiction remain in the requesting party jurisdiction.

(4) Article 4. Liability.

(d) (1) Officers or emergency responders of a party jurisdiction rendering aid in another jurisdiction pursuant to this Compact shall be considered agents of the requesting party jurisdiction for tort liability and immunity purposes.

(2) No party jurisdiction or its officers or emergency responders rendering aid in another party jurisdiction pursuant to this Compact shall be liable on account of any act or omission in good faith on the part of responding personnel while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith.

(3) Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.

(5) Article 5. Supplementary Agreements.

(e) (1) Nothing in this Compact shall:

(i) Preclude any jurisdiction from entering into supplementary agreements with another jurisdiction; or

(ii) Affect any other agreements between jurisdictions.

(2) Supplementary agreements may include, but are not limited to:

(i) Provisions for evacuation and reception of injured and other persons; and

(ii) The exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation, and communications personnel, equipment, and supplies.

(6) Article 6. Reimbursement.

(f) (1) Each party jurisdiction shall provide for the payment of workers’ compensation and death benefits to injured members of the emergency responders of its own jurisdiction.

(2) The requesting party jurisdiction will reimburse the responding party jurisdiction for all reasonable and necessary expenses incurred by the responding party jurisdiction provided that any responding jurisdiction may:

(i) Assume in whole or in part such loss, damage, expense, or other cost;

(ii) Loan equipment or donate services to the requesting party jurisdiction without charge or cost; and

(iii) Agree to any allocation of expenses between the responding and requesting party jurisdictions.

(3) Any two or more party jurisdictions may enter into supplemental agreements establishing a different allocation of costs among those party jurisdictions.

(4) Records of expenses incurred in sufficient detail to satisfy auditing requirements shall be submitted to the requesting party jurisdiction by the responding party jurisdiction as soon as possible following the termination of the assistance provided.

(7) Article 7. Implementation.

(g) (1) Party jurisdictions are encouraged to consult frequently with each other and with the Maryland Department of Emergency Management and to exchange information and plans relating to emergency management.

(2) (i) This Compact shall become effective immediately upon its enactment into law by any two jurisdictions in a form substantially similar to the Compact set forth in this subtitle.

(ii) Thereafter, this Compact shall become effective as to any other jurisdiction upon its enactment by that jurisdiction.

(3) Any party jurisdiction may withdraw from this Compact by enacting a repeal of the same but no such withdrawal shall take effect until 30 days after the senior elected official of the withdrawing jurisdiction has given notice in writing of such withdrawal to the senior elected officials of all party jurisdictions.

(4) Withdrawal from the Compact shall not relieve the withdrawing jurisdiction from obligations assumed under Article 4 or Article 6 of this Compact prior to the effective date of withdrawal.

(5) Authenticated copies of this Compact and of such supplementary agreements as may be entered into shall at the time of their approval be retained by each party jurisdiction and with the Maryland Department of Emergency Management.

(8) Article 8. Validity.

(h) (1) This Compact shall be construed to effectuate the purposes stated in Article 1 hereof.

(2) If any part or provision of this Compact or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Compact which can be given effect without the invalid provision or application, and for this purpose the provisions of this Compact are declared severable.
Md. Code, Transportation § 14-102 — MD Code / Article gtr / Title 14 / Subtitle 1 / Section 14-102
§14–102.
Status: in_force

(a) A person may not drive any vehicle without the consent of its owner and with intent to deprive the owner temporarily of his possession of the vehicle, even if without intent to steal it.

(b) A person may not take a vehicle without the consent of the owner of the vehicle and with the intent to deprive the owner temporarily of the owner’s possession of the vehicle, even if without the intent to steal the vehicle.

(c) The consent of the owner of a vehicle to the driving or taking of the vehicle may not in any case be presumed or implied because of the owner’s consent on a previous occasion to the driving or taking of the vehicle by the same or a different person.

(d) A person convicted of a violation of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
Md. Code, Business Regulation § 14-301 — MD Code / Article gbr / Title 14 / Subtitle 3 / Section 14-301
§14–301.
Status: in_force

In this subtitle, “multilevel distribution company” means a person who, for consideration, distributes goods or services through independent agents, contractors, or distributors at different levels of distribution with rates of pricing or discounting that differ from 1 level to another.
Md. Code, Health Occupations § 14-5F-24 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-24
§14–5F–24.
Status: in_force

(a) Subject to subsection (c) of this section, if the Board has revoked or suspended the license of a licensee, the Board may not reinstate the license until the Board is satisfied that the individual:

(1) Has complied with all the terms and conditions in the final order; and

(2) Is capable of safely engaging in the practice of naturopathic medicine.

(b) The Board may not reinstate the license of an individual whose license was revoked by the Board within 6 months after the date of the revocation.

(c) A disciplinary panel may not reinstate a surrendered or revoked license that has been surrendered or revoked for a period of more than 1 year unless the licensee:

(1) Meets the requirements for reinstatement as established under this title; and

(2) Completes a criminal history records check in accordance with § 14–308.1 of this title.
Md. Code, Health Occupations § 14-5F-13 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-13
§14–5F–13.
Status: in_force

(a) Subject to subsection (b) of this section, the Board shall issue a license to any applicant who meets the requirements of this subtitle.

(b) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether to issue a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

(iv) The length of time that has passed since the crime;

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not issue a license if the criminal history record information required under § 14–308.1 of this title has not been received.
Md. Code, State Finance and Procurement § 14-701 — MD Code / Article gsf / Title 14 / Subtitle 7 / Section 14-701
§14–701.
Status: in_force

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

(b) “Certified Chesapeake invasive species” means a finfish species that is:

(1) ranked as high priority in the Maryland Aquatic Nuisance Species Management Plan; and

(2) harvested from the Chesapeake Bay or its tributaries.

(c) “Certified Chesapeake invasive species provider” means a person licensed and authorized as a seafood dealer under § 4–701 of the Natural Resources Article that:

(1) is certified by the Department in accordance with regulations adopted under this subtitle; and

(2) can demonstrate that the person’s product is a certified Chesapeake invasive species.

(d) “Certified local farm” means a local farm enterprise that:

(1) meets the nutrient management requirements established under Title 8, Subtitle 8 of the Agriculture Article; and

(2) is certified by the Department in accordance with regulations adopted under this subtitle.

(e) “Department” means the Department of Agriculture.

(f) “Office” means the Office for the Certified Local Farm and Fish Program.

(g) “Program” means the Certified Local Farm and Fish Program.
Md. Code, Commercial Law § 14-1312 — MD Code / Article gcl / Title 14 / Subtitle 13 / Section 14-1312
§14–1312.
Status: in_force

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

(2) “Acceptor” means a seller, lender, or credit grantor to whom a discharged check was originally issued.

(3) “Discharged check” means a check or other instrument that has been:

(i) Issued to a seller, lender, or credit grantor by a buyer or borrower in full or partial satisfaction of an underlying obligation; and

(ii) Reacquired by the buyer or borrower in his own right.

(b) (1) Notwithstanding any other provision of this article, if an acceptor requires a buyer or borrower to submit to the acceptor a discharged check, rather than a facsimile thereof, for the purpose of verifying the full or partial payment of the obligation for which the check was issued, the acceptor shall return the discharged check directly to the buyer or borrower when payment or nonpayment has been verified.

(2) An acceptor may not return the discharged check directly to the financial institution on which the discharged check was drawn if the check was submitted to the acceptor under the circumstances outlined in paragraph (1) of this subsection.

(c) The failure of an acceptor to return a discharged check directly to a buyer or borrower as provided in subsection (b) of this section shall make the acceptor liable to the buyer or borrower for:

(1) The amount of the check; and

(2) Any charges made against the buyer’s or borrower’s account by the financial institution on which the check was drawn if those charges are a direct result of the acceptor’s noncompliance with subsection (b) of this section.
Md. Code, Real Property § 14-203 — MD Code / Article grp / Title 14 / Subtitle 2 / Section 14-203
§14–203.
Status: in_force

(a) (1) A party seeking to create a lien as the result of a breach of contract shall, within 2 years of a breach of contract, give written notice to the party against whose property the lien is intended to be imposed.

(2) Except as provided in paragraph (3) of this subsection, notice under this subsection shall be served by:

(i) Certified or registered mail, return receipt requested, addressed to the owner of the property against which the lien is sought to be imposed at the owner’s last known address; or

(ii) Personal delivery to the owner by the party seeking a lien or the party’s agent.

(3) If a party seeking to create a lien is unable to serve an owner under paragraph (2) of this subsection, notice under this subsection shall be served by:

(i) The mailing of a notice to the owner’s last known address; and

(ii) Posting notice in a conspicuous manner on the property by the party seeking to create a lien or the party’s agent in the presence of a competent witness. In the instance of a contractual lien on a building, the notice shall be posted in a conspicuous manner on the door or other front part of the building.

(b) A notice under subsection (a) of this section shall include:

(1) The name and address of the party seeking to create the lien;

(2) A statement of intent to create a lien;

(3) An identification of the contract;

(4) The nature of the alleged breach;

(5) The amount of alleged damages;

(6) A description of the property against which the lien is intended to be imposed sufficient to identify the property, and stating the county or counties in which the property is located; and

(7) A statement that the party against whose property the lien is intended to be imposed has the right to a hearing under subsection (c) of this section.

(c) (1) A party to whom notice is given under subsection (a) of this section may, within 30 days after the notice is served on the party, file a complaint in the circuit court for the county in which any part of the property is located to determine whether probable cause exists for the establishment of a lien.

(2) A complaint filed under this subsection shall include:

(i) The name of the complainant and the name of the party seeking to establish the lien;

(ii) A copy of the notice served under subsection (a) of this section; and

(iii) An affidavit containing a statement of facts that would preclude establishment of the lien for the damages alleged in the notice.

(3) A party filing a complaint under this subsection may request a hearing at which any party may appear to present evidence.

(d) If a complaint is filed, the party seeking to establish the lien has the burden of proof.

(e) The clerk of the circuit court shall docket the proceedings under this section, and all process shall issue out of and all pleadings shall be filed in a single action.

(f) Before any hearing held under subsection (c) of this section, the party seeking to establish a lien may supplement, by means of an affidavit, any information contained in the notice given under subsection (a) of this section.

(g) (1) If a complaint is filed under subsection (c) of this section, the court shall review any pleadings filed, including any supplementary affidavit filed under subsection (f) of this section, and shall conduct a hearing if requested under subsection (c)(3) of this section.

(2) If the court determines that probable cause exists to establish a lien, it shall order the lien imposed.

(3) The order to impose a lien shall state that the owner of the property against which the lien is imposed may file a bond of a specified amount to have the lien against the property removed.

(h) (1) If the court orders a lien to be imposed under subsection (g) of this section, or if the owner of the property against which a lien is intended to be imposed fails to file a complaint under subsection (c) of this section the party seeking to create the lien may file a statement of lien among the land records of each county in which any portion of the property is located.

(2) The party seeking to create the lien may file the lien statement in the county land records:

(i) If a complaint was filed under subsection (c) of this section, 30 days after the date of the court order allowing the creation of the lien; or

(ii) If a complaint was not filed under subsection (c) of this section, 30 days after the owner was served under subsection (a)(2) or (3) of this section.

(3) Unless the party seeking to create the lien and the owner agree otherwise, if the party seeking to create the lien fails to file the lien statement within 90 days after the expiration of the applicable time period described in paragraph (2) of this subsection, the party seeking to create the lien may:

(i) Not file the lien statement in the county land records; and

(ii) File for a new lien by complying with the requirements of subsections (a) through (h) of this section.

(4) A lien imposed under this subtitle has priority from the date the statement of lien is filed.

(5) Until an order imposing a lien is entered by the court, the owner of the property against which the lien is imposed may have the lien removed at any time by filing with the clerk of the circuit court a bond in the amount specified by the court under subsection (g)(3) of this section.

(i) (1) Until an order is entered by the court either establishing or denying a lien, the action shall proceed to trial on any matter at issue.

(2) The court may award costs and reasonable attorney’s fees to any party under this subtitle.

(j) (1) Subject to paragraph (2) of this subsection, a statement of lien is sufficient for purposes of this subtitle if it is in substantially the following form:

STATEMENT OF LIEN

This is to certify that the property described as __________ is subject to a lien under Title 14, Subtitle 2 of the Real Property Article, Maryland Annotated Code, in the amount of $__________. The property is owned by ____________________.

I hereby affirm under the penalty of perjury that notice was given under § 14–203(a) of the Real Property Article, and that the information contained in the foregoing statement of lien is true and correct to the best of my knowledge, information, and belief.

______________________________

(name of party claiming lien)

(2) (i) This paragraph applies only to a lien that is subject to § 11–110(f) or § 11B–117(c) of this article.

(ii) In addition to satisfying the requirements of paragraph (1) of this subsection, a statement of lien is sufficient for purposes of this subtitle if the statement includes specific information about the amount of the regular monthly assessments, or the equivalent of the regular monthly assessments, for common expenses in substantially the following form:

The amount of the regular monthly assessments, or the equivalent of the regular monthly assessments, for common expenses, that is the basis of the priority portion of this lien as provided in § 11–110(f) or § 11B–117(c) of the Real Property Article, is $_________. This sum represents ________ months of unpaid regular assessments, at $________ per month.

(k) If an order is entered under subsection (i) of this section denying a lien, or if a bond is filed under subsection (h) of this section, the clerk of the circuit court shall enter a notation in the land records releasing the lien.
Md. Code, Health Occupations § 14-5A-18 — MD Code / Article gho / Title 14 / Subtitle 5A / Section 14-5A-18
§14–5A–18.
Status: in_force

(a) (1) Except as provided in subsections (b) and (d) of this section, an employer of a licensed respiratory care practitioner shall submit to the Board a report if:

(i) The employer:

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

2. Involuntarily terminated or restricted the licensed respiratory care practitioner’s employment or staff membership; or

3. Asked the licensed respiratory care practitioner to voluntarily resign because of the licensed respiratory care practitioner’s conduct or while the licensed respiratory care practitioner is being investigated; and

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

1. For reasons that might be grounds for disciplinary action under § 14–5A–17 of this subtitle;

2. Because the licensed respiratory care practitioner may have engaged in an act that may constitute unprofessional conduct;

3. Because the licensed respiratory care practitioner may be unable to practice respiratory care with reasonable skill and safety because of a physical or mental condition or professional incompetence; or

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

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

(i) The action taken by the employer;

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

(iii) The steps taken by the employer to investigate the conduct of the licensed respiratory care practitioner.

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

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

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

(1) The employer knows that the licensed respiratory care practitioner is:

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

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

(2) The employer is able to verify that the licensed respiratory care practitioner remains in the treatment program until successful discharge; and

(3) The action or condition of the licensed respiratory care practitioner has not caused injury to any person while the respiratory care practitioner is practicing as a licensed respiratory care practitioner.

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

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

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

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

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

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

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

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

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

(3) The Board shall remit any penalty collected under this subsection into the General Fund of the State.
Md. Code, Environment § 14-403 — MD Code / Article gen / Title 14 / Subtitle 4 / Section 14-403
§14–403.
Status: in_force

The Governor is the official representative of the State on the Interstate Oil Compact Commission. The Governor shall exercise and perform for the State every power and duty as a member of the Commission. The Governor may appoint an assistant representative to act in the Governor’s stead as the official representative of the State as a member of the Commission. The assistant representative provided for in the compact shall take the oath of office prescribed by the Constitution. The oath shall be filed with the office of the Secretary of State. State members shall be reimbursed for expenses incurred while actually engaged in the performance of their duties, in accordance with the Standard State Travel Regulations.
Md. Code, Commercial Law § 14-603 — MD Code / Article gcl / Title 14 / Subtitle 6 / Section 14-603
§14–603.
Status: in_force

A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of inferior metal which has deposited or plated on it or brazed or otherwise affixed to it a plate, plating, covering, or sheet of gold or gold alloy, and which has stamped on it, on a tag attached to it, or on a package in which it is contained, any word or mark usually employed to indicate the fineness of gold, unless the word or mark is accompanied by other words which plainly indicate that the item or some part of it is made of rolled gold plate, gold plate, or gold electroplate or is gold filled, as the case may be.
Md. Code, Environment § 14-101 — MD Code / Article gen / Title 14 / Subtitle 1 / Section 14-101
§14–101.
Status: in_force

The General Assembly finds and declares that the production and development of oil and gas resources is important to the economic well-being of the State and the nation. The drilling and production of oil and gas should be conducted in a manner that will minimize their effects on the surrounding environment. Furthermore, proper evaluation of a project and the use of the most environmentally sound drilling and production methods are necessary to prevent adverse environmental consequences that would be detrimental to the general welfare, health, safety, and property interests of the citizens of the State. In addition, there are certain circumstances where oil and gas exploration or production should be prohibited, such as when these operations will have a significant adverse effect on the environment. The General Assembly finds that the conduct of exploration or production of oil and gas resources under this subtitle will allow the safe utilization of the State’s natural resources and will provide for the protection of the State’s environment.
Md. Code, Real Property § 14-709 — MD Code / Article grp / Title 14 / Subtitle 7 / Section 14-709
§14–709.
Status: in_force

(a) (1) If under § 14–708 of this subtitle all the interests of all cotenants that requested partition by sale are not purchased by other cotenants, or if after the conclusion of the buyout a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in § 14–710 of this subtitle, finds that partition in kind will result in great prejudice to the cotenants as a group.

(2) In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.

(b) If the court does not order partition in kind under subsection (a) of this section, the court shall order partition by sale under § 14–711 of this subtitle or, if no cotenant requested partition by sale, the court shall dismiss the action.

(c) If the court orders partition in kind in accordance with subsection (a) of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in–kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.

(d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out under § 14–708 of this subtitle, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.
Md. Code, State Finance and Procurement § 14-206 — MD Code / Article gsf / Title 14 / Subtitle 2 / Section 14-206
§14–206.
Status: in_force

(a) In this section, “percentage preference” means the percent of the lowest responsive bid submitted by a responsible bidder who is not a small business by which a responsive bid by a small business may:

(1) exceed the lowest bid; and

(2) be awarded a procurement contract under this subtitle.

(b) Subject to the approval of the Board, each unit:

(1) shall establish a percentage preference, not to exceed 8%, for each industry as follows:

(i) a base percentage preference not to exceed 5% for all small businesses; and

(ii) two additional preferences to the percentage preference set forth in item (i) of this paragraph as follows:

1. 2% for veteran–owned small businesses; and

2. 3% for disabled veteran–owned small businesses; and

(2) may vary the percentage preference determined in item (1)(i) of this subsection among industries to account for their particular characteristics.
Md. Code, Tax - Property § 14-874 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-874
§14–874.
Status: in_force

(a) Real property may be subject to foreclosure and sale under this part only if:

(1) the property consists of a vacant lot or improved property cited as vacant and unsafe or unfit for habitation or other authorized use on a housing or building violation notice; and

(2) the total amount of liens for unpaid taxes on the property exceeds the lesser of the total value of the property as last determined by the Department or as determined by an appraisal report prepared not more than 6 months before the filing of a complaint under this section by a real estate appraiser who is licensed under Title 16 of the Business Occupations and Professions Article.

(b) (1) A county or municipal corporation may authorize by law an in rem foreclosure in accordance with this part.

(2) A law that authorizes an in rem foreclosure shall:

(i) state the date after which real property may be subject to in rem foreclosure under this part;

(ii) establish criteria for designating real property to be foreclosed under this part;

(iii) authorize the county or municipal corporation to file a complaint for an in rem foreclosure under this part; and

(iv) include administrative rules and procedures necessary to carry out an in rem foreclosure under this part.

(c) (1) Subject to subsection (d) of this section, a county or municipal corporation may authorize, by law, the sale of real property after an in rem foreclosure and designate real property to be sold under this part.

(2) A law that authorizes a sale of real property after an in rem foreclosure shall:

(i) state the date after which the real property may be subject to sale after an in rem foreclosure under this part;

(ii) establish criteria for designating real property to be sold under this part; and

(iii) include administrative rules and procedures necessary to carry out a sale under this part.

(d) Only real property that consists of a vacant lot or improved property cited as vacant and unsafe or unfit for habitation or other authorized use on a housing or building violation notice may be sold under this part.
Md. Code, Tax - Property § 14-873 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-873
§14–873.
Status: in_force

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

(b) “Interested party” means:

(1) the person who last appears as owner of the real property on the collector’s tax roll;

(2) a mortgagee of the property or assignee of a mortgage of record;

(3) a holder of a beneficial interest in a deed of trust recorded against the real property;

(4) a taxing agency that has the authority to collect tax on the real property; or

(5) any person having an interest in the real property whose identity and address are:

(i) reasonably ascertainable from the county land records; or

(ii) revealed by a full title search consisting of at least 50 years.

(c) “Tax” has the meaning stated in § 14–801 of this subtitle.
Md. Code, Health Occupations § 14-5G-07 — MD Code / Article gho / Title 14 / Subtitle 5G / Section 14-5G-07
§14–5G–07.
Status: in_force

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

(1) Shall:

(i) Develop and recommend to the Board:

1. Regulations to carry out this subtitle; and

2. Any statutory changes that affect the profession; and

(ii) Keep a record of its meetings; and

(2) May:

(i) Provide recommendations regarding the practice of genetic counseling; and

(ii) Advise the Board on any other matters related to genetic counselors.
Md. Code, Tax - Property § 14-1009 — MD Code / Article gtp / Title 14 / Subtitle 10 / Section 14-1009
§14–1009.
Status: in_force

(a) A person who willfully or with the intent to evade payment of property tax or to prevent the collection of property tax fails to answer an interrogatory under this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 18 months or both.

(b) A person who is convicted of a crime under subsection (a) of this section is also subject to prosecution for perjury.
Md. Code, Commercial Law § 14-1103 — MD Code / Article gcl / Title 14 / Subtitle 11 / Section 14-1103
§14–1103.
Status: in_force

(a) A layaway agreement shall include:

(1) The full name, place of residence, and post office address of each party to it;

(2) The date when signed by the buyer;

(3) A clear description of the consumer goods sold sufficient to identify them readily;

(4) The cash price of the consumer goods sold;

(5) All charges for delivery, installation, or repair of or other services to the consumer goods which, separate from the cash price, are included in the layaway agreement;

(6) The sum of the cash price in item (4) of this subsection and the charges for services in item (5) of this subsection;

(7) The amount of the buyer’s down payment, together with:

(i) A statement of the respective amounts credited for cash, credits, and the agreed value of any goods traded in; and

(ii) A description of all goods traded sufficient to identify them;

(8) The unpaid balance of the cash price payable by the buyer to the seller, which is the sum specified in item (6) of this subsection less the amount in item (7) of this subsection;

(9) The service charge;

(10) The total of payments owed by the buyer to the seller, which is the sum of items (8) and (9) of this subsection, the number of installment payments required to pay it, and the amount and time of each payment;

(11) The layaway price, which is the sum of items (6) and (9) of this subsection; and

(12) A clear and concise statement of all consequences of buyer’s default.

(b) Subsection (a)(4) through (12) of this section does not apply to any layaway sale subject to the disclosure provisions of the federal Truth in Lending Act if the seller complies with the applicable disclosure provisions of the federal act and its regulation.
Md. Code, Commercial Law § 14-3101 — MD Code / Article gcl / Title 14 / Subtitle 31 / Section 14-3101
§14–3101.
Status: in_force

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

(b) “Carrier’s lien” means a lien established under § 7-307 of this article.

(c) “Consumer” has the meaning stated in § 13-101 of this article.

(d) “Household goods” means goods used primarily for personal, family, or household purposes.

(e) “Household goods mover” means a person who provides household goods moving services.

(f) (1) “Household goods moving services” means the loading, packing, moving, transporting, storing while in transit, unloading, or otherwise taking possession or control from a consumer of household goods for the purpose of moving them to another location at the direction of the consumer for a fee.

(2) “Household goods moving services” does not include moving household goods for disposal or destruction.
Md. Code, Tax - Property § 14-831 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-831
§14–831.
Status: reserved

Until a judgment is issued by the circuit court that forecloses all rights of redemption in any property sold by the collector, the property shall continue to be assessed as though no sale had been made, whether the governing body of the county or some other person holds the certificate of sale. Once the judgment is passed, the property shall be transferred on the assessment books or records to the holder of the certificate of sale notwithstanding the provisions of § 3–104 of the Real Property Article. After the transfer, the property shall be assessed to the holder of the certificate of sale for property tax purposes. All taxes accruing after the date of sale, together with interest and penalties on the taxes, are additional liens against the property and on passage of the final decree, are immediately due and payable by the holder of the certificate of sale except as provided under § 14–826 of this subtitle. The collector may not deliver a deed to the person entitled to the deed until all subsequent taxes, together with interest and penalties on the taxes, are paid in full. If the governing body of a county or a land bank authority established under § 1–1403 of the Local Government Article is a holder of the certificate of sale, the collector shall deliver a deed for property purchased at tax sale by the governing body of the county even though taxes are unpaid, the provisions of § 3–104 of the Real Property Article and § 14–847 of this subtitle notwithstanding.
Md. Code, Tax - Property § 14-301 — MD Code / Article gtp / Title 14 / Subtitle 3 / Section 14-301
§14–301.
Status: in_force

To value or classify property or to determine if a value or classification of property is correct, the Department may:

(1) issue a subpoena:

(i) for any person; or

(ii) for any evidence necessary to value or classify property or to determine if a value or classification is correct;

(2) administer oaths and affirmations;

(3) take depositions or other testimony;

(4) issue written interrogatories with a notice of assessment;

(5) if a person fails to comply with a subpoena, petition a circuit court to order compliance with the subpoena; or

(6) if a person fails to file the annual report required under § 11-101 of this article, petition a court to compel the filing of the report.
Md. Code, Criminal Procedure § 14-111 — MD Code / Article gcp / Title 14 / Subtitle 1 / Section 14-111
§14–111.
Status: in_force

The trial of a case that the State Prosecutor prosecutes in accordance with § 14–109 of this title shall take place before the court having jurisdiction in the county in which the offense was entirely or partly committed, subject to removal in accordance with the Maryland Rules.
Md. Code, Health Occupations § 14-5G-22 — MD Code / Article gho / Title 14 / Subtitle 5G / Section 14-5G-22
§14–5G–22.
Status: in_force

(a) Subject to subsection (b) of this section, on the application of an individual whose license has been revoked, a disciplinary panel, on the affirmative vote of a majority of its full authorized membership, may reinstate a revoked license.

(b) A disciplinary panel may not reinstate a revoked license that has been revoked for a period of more than 1 year unless the licensee:

(1) Meets the requirements for reinstatement as established under this title; and

(2) Completes a criminal history records check in accordance with § 14–308.1 of this title.
Md. Code, Commercial Law § 14-1906 — MD Code / Article gcl / Title 14 / Subtitle 19 / Section 14-1906
§14–1906.
Status: reserved

(a) Every contract between a consumer and a credit services business for the purchase of the services of the credit services business shall:

(1) Be in writing, dated, and signed by the consumer;

(2) For a credit services business providing the services described in § 14–1901(e)(1)(i) of this subtitle, include:

(i) A conspicuous statement in size equal to at least 10–point bold type, in immediate proximity to the space reserved for the signature of the consumer as follows:

“You, the buyer, may cancel this contract at any time prior to midnight of the third business day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.”;

(ii) The terms and conditions of payment, including the total of all payments to be made by the consumer, whether to the credit services business or to some other person;

(iii) A complete and detailed description of the services to be performed and the results to be achieved by the credit services business for or on behalf of the consumer, including all guarantees and all promises of full or partial refunds and a list of the adverse information appearing on the consumer’s credit report that the credit services business expects to have modified and the estimated date by which each modification will occur; and

(iv) The principal business address of the credit services business and the name and address of its agent in this State authorized to receive service of process; and

(3) For a credit services business providing the services described in § 14–1901(e)(1)(ii) of this subtitle, include:

(i) A statement of the consumer’s right to file a complaint under § 14–1911 of this subtitle;

(ii) The address of the Commissioner where a consumer can file a complaint under § 14–1911 of this subtitle;

(iii) A statement that a bond exists and the consumer’s right to proceed against the bond under the circumstances and in the manner set forth under § 14–1910 of this subtitle; and

(iv) The principal business address of the credit services business.

(b) The contract shall be accompanied by a form completed in duplicate, captioned “NOTICE OF CANCELLATION”, which shall be attached to the contract and easily detachable, and which shall contain in at least 10–point bold type the following statement:

“NOTICE OF CANCELLATION

You may cancel this contract, without any penalty or obligation, at any time prior to midnight of the third business day after the date the contract is signed.

If you cancel, any payment made by you under this contract will be returned within 10 days following receipt by the seller of your cancellation notice.

To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to

(Name of seller)

At ............................................................................................................................

(Address of seller)

.................................................................................................................................

(Place of business)

Not later than midnight.........................................................................................

(Date)

I hereby cancel this transaction.

.................................................................................................................................

(Date) (Buyer’s signature)”

(c) A credit services business providing the services described in § 14–1901(e)(1)(ii) of this subtitle shall provide the consumer with a copy of the contract between the credit services business and the consumer before the consumer executes the contract.

(d) A copy of the completed contract and all other documents the credit services business requires the consumer to sign shall be given by the credit services business to the consumer at the time they are signed.
Md. Code, Insurance § 14-413 — MD Code / Article gin / Title 14 / Subtitle 4 / Section 14-413
§14–413.
Status: in_force

(a) On or before March 1 of each year, each dental plan organization shall file with the Commissioner a complete statement of its financial condition, transactions, and affairs for the immediately preceding calendar year.

(b) The annual statement shall:

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

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

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

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

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

(d) At any time, the Commissioner may require a dental plan organization doing business in the State to file an interim statement containing the information that the Commissioner considers necessary.

(e) (1) Except as provided in paragraph (5) of this subsection, on or before June 1 of each year, each dental plan organization shall file with the Commissioner an audited financial report for the immediately preceding calendar year.

(2) The dental plan organization shall have the audited financial report prepared by an independent certified public accountant.

(3) The Commissioner may:

(i) set requirements for the form and content of the audited financial report; and

(ii) for good cause, extend the time for filing the audited financial report.

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

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

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

(5) With 90 days’ advance notice, the Commissioner may require a dental plan organization to file an audited financial report earlier than the date specified in paragraph (1) of this subsection.
Md. Code, Family Law § 14-303 — MD Code / Article gfl / Title 14 / Subtitle 3 / Section 14-303
§14–303.
Status: in_force

(a) To protect the welfare of the alleged vulnerable adult the local department shall begin a thorough investigation:

(1) within 5 working days after the receipt of the report of suspected abuse, neglect, self–neglect, or exploitation; or

(2) within 24 hours after the receipt of the report of suspected abuse, neglect, self–neglect, or exploitation if the report indicates that an emergency exists.

(b) The investigation shall include:

(1) a determination of whether:

(i) the individual is a vulnerable adult; and

(ii) there has been abuse, neglect, self–neglect, or exploitation; and

(2) if the individual is determined to be a vulnerable adult and to have suffered abuse, neglect, self–neglect, or exploitation:

(i) a determination of the nature, extent, and cause of the abuse, neglect, self–neglect, or exploitation;

(ii) a determination of the identity of the person or persons responsible for the abuse, neglect, self–neglect, or exploitation;

(iii) an evaluation of the home environment; and

(iv) a determination of any other pertinent facts.

(c) (1) On request by the local department, the local State’s Attorney or the appropriate law enforcement agency shall assist in the investigation.

(2) As appropriate, the local office on aging or the Department of Aging, local geriatric evaluation service, or any other public or private agency, including a fiduciary institution, providing services or care to the alleged vulnerable adult or whose information or expertise may be of assistance in assessing risk or planning services may assist in the investigation on the request by the local department.

(3) As appropriate in an investigation, the local department may request the assistance of a federal law enforcement officer, as defined in § 2–104 of the Criminal Procedure Article.

(4) Any agencies set out in this subsection may jointly agree to cooperative arrangements for investigation.

(d) An investigation under this section shall be completed within:

(1) 60 days; or

(2) 10 days if the report indicates that an emergency exists.

(e) Parties participating in an investigation may share pertinent client information relevant to the investigation.
Md. Code, Health Occupations § 14-5D-13 — MD Code / Article gho / Title 14 / Subtitle 5D / Section 14-5D-13
§14–5D–13.
Status: in_force

Unless the Board agrees to accept the surrender of a license, a licensed athletic trainer may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
Md. Code, Estates and Trusts § 14-302 — MD Code / Article get / Title 14 / Subtitle 3 / Section 14-302
§14–302.
Status: in_force

(a) A court of equity, on application of any trustee, or any interested person, or the Attorney General of the State, may order an administration of a trust, devise or bequest as nearly as possible to fulfill the general charitable intention of the settlor or testator:

(1) (i) If the trust for charity is or becomes illegal or impossible or impracticable of enforcement; or

(ii) If the devise or bequest for charity, at the time it was intended to become effective, is illegal or impossible or impracticable of enforcement; and

(2) If the settlor or testator manifested a general intention to devote the property to charity.

(b) This section shall be interpreted and construed to effectuate its general purpose to make uniform the law of those states which enact it.

(c) This section may be cited as the Maryland Uniform Charitable Trusts Administration Act.
Md. Code, Alcoholic Beverages and Cannabis § 14-201 — MD Code / Article gab / Title 14 / Subtitle 2 / Section 14-201
§14–201.
Status: in_force

There is a Board of License Commissioners for Calvert County.
Md. Code, Insurance § 14-105 — MD Code / Article gin / Title 14 / Subtitle 1 / Section 14-105
§14–105.
Status: in_force

(a) If a nonprofit health service plan is successful in an action against a person authorized to provide health care in the State, the nonprofit health service plan may recover the costs and expenses reasonably incurred by it in the action if it shows that:

(1) the person knowingly or willfully made or caused to be made:

(i) a false statement or representation of a material fact in an application for a benefit or payment from a nonprofit health service plan under this subtitle or Title 15 of this article;

(ii) a false statement or representation of a material fact for use in determining rights to those benefits or payments; or

(iii) a false statement or representation about a procedure, operation, or service alleged to have been performed; or

(2) the person:

(i) engaged in gross, willful, and continued overcharging for a procedure, operation, or service; or

(ii) filed false statements for collection of fees for services that were not rendered.

(b) If a nonprofit health service plan is denied relief in an action under this section, the person against whom the action was brought may recover the costs and expenses reasonably incurred by the person in defending the action.

(c) This section does not limit any additional rights or remedies that a nonprofit health service plan may have at law or in equity.
Md. Code, Business Regulation § 14-303 — MD Code / Article gbr / Title 14 / Subtitle 3 / Section 14-303
§14–303.
Status: in_force

A multilevel distribution company may not represent directly or indirectly that participants in its marketing program may or will earn a stated gross or net amount or represent in any way the past earnings of participants unless the stated gross amount, net amount, or past earnings:

(1) are those of a substantial number of participants in the community or geographic area where the representation is made; and

(2) accurately reflect the average earnings of participants under circumstances similar to those of the participant or prospective participant to whom the representation is made.
Md. Code, Family Law § 14-203 — MD Code / Article gfl / Title 14 / Subtitle 2 / Section 14-203
§14–203.
Status: in_force

(a) The director may contract with any public or private organization to provide protective services.

(b) The director may not contract with any other person to act as guardian of the person of a disabled individual.
Md. Code, Alcoholic Beverages and Cannabis § 14-904 — MD Code / Article gab / Title 14 / Subtitle 9 / Section 14-904
§14–904.
Status: in_force

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

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

(1) a country club;

(2) a post home of a post of the American Legion or Veterans of Foreign Wars; or

(3) a yacht club that is approved by the Board.

(c) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer, wine, and liquor at a club at the place described in the license, for on–premises consumption.

(2) A license for use in a post home allows for the sale of liquor only by the drink.

(d) The annual license fee:

(1) for a country club is $1,000;

(2) for a post home is $500; and

(3) for a yacht club is $500.
Md. Code, Education § 14-302 — MD Code / Article ged / Title 14 / Subtitle 3 / Section 14-302
§14–302.
Status: in_force

(a) The Secretary of Budget and Management shall provide forms for initiating and processing grievances.

(b) The three steps in the grievance proceeding are:

(1) The initiation of a grievance proceeding;

(2) An appeal to the President; and

(3) An appeal to the Secretary of Budget and Management.

(c) The parties may agree to bypass any step of the grievance proceeding.

(d) Each party to a grievance shall make every effort to resolve the grievance at the lowest level possible.

(e) If a grievant fails to appeal a decision in accordance with this title to the next step in the grievance proceeding, the grievant is considered to have accepted the decision.

(f) If a grievance is not decided at any step in the grievance proceeding, the grievance is considered as denied and the grievant may appeal to the next step.

(g) (1) A grievant may be represented at any time by any person that the grievant chooses.

(2) The President, a program director, or a vice president may be represented at any time by an individual designated for that purpose.

(3) The President and each program director and vice president shall submit to the Secretary of Budget and Management a list of individuals designated to represent the President, program director, or vice president at each stage of the grievance proceeding.

(h) After a finding that wages were withheld in violation of §§ 2–402 and 2–407 of the State Personnel and Pensions Article, the decision maker in a grievance procedure shall award the payment of damages in accordance with § 2–407 of the State Personnel and Pensions Article.
Md. Code, State Finance and Procurement § 14-110 — MD Code / Article gsf / Title 14 / Subtitle 1 / Section 14-110
§14–110.
Status: in_force

(a) Notwithstanding any other provision of law, subsections (b) and (c) of this section apply to:

(1) a State or State aided or controlled entity that is:

(i) subject to the requirements of § 14–103 of this subtitle and § 14–305 of this title; or

(ii) identified by the Department of General Services; and

(2) the University System of Maryland, St. Mary’s College of Maryland, and Morgan State University.

(b) (1) Within 60 days after the enactment of the budget bill by the General Assembly, each State or State aided or controlled entity shall prepare and submit to the Department of General Services a fiscal year procurement expenditure forecast that details the expected expenditures and contracts to be awarded under § 14–103 of this subtitle in the next fiscal year.

(2) The forecast required by paragraph (1) of this subsection shall include activities planned to increase the number of contracts awarded under § 14–103 of this subtitle.

(c) (1) Within 90 days after the end of each fiscal year, a State or State aided or controlled entity shall submit a report to the Department of General Services that complies with the requirements of paragraph (2) of this subsection.

(2) For the preceding fiscal year, the report shall include:

(i) the total number and the dollar value of contracts awarded by the State or State aided or controlled entity to a preferred provider;

(ii) the total number and the dollar value of payments made by a State or State aided or controlled entity to a preferred provider, including purchase card procurements;

(iii) the total number and the dollar value of contracts awarded by the State or State aided or controlled entity to a provider other than a preferred provider;

(iv) the total number and the dollar value of payments made by the State or State aided or controlled entity to a provider other than a preferred provider, including purchase card procurements;

(v) the percentage that the contracts to preferred providers represent of the total number of procurement contracts;

(vi) the percentage that the payments to preferred providers represent of the total value of payments; and

(vii) any other information required by the Department of General Services.

(d) (1) Within 90 days after the end of each fiscal year, a preferred provider awarded a contract in accordance with § 14–103 of this subtitle shall report to the Department of General Services in accordance with paragraphs (2) and (3) of this subsection.

(2) For the preceding fiscal year, the report shall state the total number of full–time equivalents for individuals with disabilities who contributed to the work of the contracts.

(3) For the preceding fiscal year, Maryland Correctional Enterprises shall report the length of time between each order and delivery of supplies and services.

(e) Within 60 days after receipt of all of the reports required under subsections (c) and (d) of this section, the Department of General Services shall submit a summary of the information to:

(1) the Board of Public Works; and

(2) in accordance with § 2–1257 of the State Government Article, the Senate Committee on Education, Energy, and the Environment, the House Health and Government Operations Committee, and the Legislative Policy Committee.
Md. Code, Commercial Law § 14-103 — MD Code / Article gcl / Title 14 / Subtitle 1 / Section 14-103
§14–103.
Status: in_force

(a) Except as provided in § 14-102 of this subtitle, each person who sells or offers or displays for sale a consumer commodity at retail shall disclose:

(1) The total price of the consumer commodity; or

(2) Except as provided in subsection (c) of this section, the unit price of the consumer commodity if:

(i) It is sold only by units; or

(ii) It is a prepackaged or retail-packaged consumer commodity within any of the following categories:

1. Foods, condiments, cooking oils, shortenings, and similar consumer commodities;

2. Paper products, including napkins, towels, and tissues;

3. Wrapping products, including those made of paper, plastic, and aluminum; and

4. Soaps, detergents, cleansing aids, deodorizing aids, and similar consumer commodities.

(b) If a packaged consumer commodity described in subsection (a)(2)(ii) of this section is priced for a multiple-package purchase, the seller shall disclose the unit price of that commodity on the basis of the multiple package.

(c) A person is not required to disclose the unit price of a consumer commodity described in subsection (a)(2) of this section if he then is disclosing unit prices for at least 90 percent of the dollar volume or number of items of all his consumer commodities which are subject to the disclosure requirements of subsection (a)(2) of this section.
Md. Code, Commercial Law § 14-5001 — MD Code / Article gcl / Title 14 / Subtitle 50 / Section 14-5001
§14–5001.
Status: in_force

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

(b) (1) “Authorized repair provider” means a person that is unaffiliated with a manufacturer and, for the purpose of offering to provide services to an owner of the manufacturer’s equipment regarding the owner’s equipment or part, has:

(i) An arrangement with the manufacturer under which the manufacturer grants to the person a license to use a trade name, a service mark, or any other proprietary identifier; or

(ii) Authorization under another arrangement to act on behalf of the manufacturer.

(2) “Authorized repair provider” includes a manufacturer when the manufacturer:

(i) Offers to provide services to an owner of the manufacturer’s equipment regarding the owner’s equipment or part; and

(ii) Does not have any arrangement described in paragraph (1) of this subsection with an unaffiliated person.

(c) “Documentation” means any manual, diagram, reporting output, service code description, schematic, or other information, whether in electronic or tangible format, that a manufacturer provides to an authorized repair provider for the purpose of assisting the authorized repair provider with services performed on the manufacturer’s equipment or part.

(d) (1) “Embedded software” means programmable instructions provided on firmware delivered with an electronic component of equipment or a part to restore or improve operation of the equipment or part.

(2) “Embedded software” includes all relevant patches and fixes that the manufacturer makes to equipment or a part to restore or improve the equipment or part.

(e) “Equipment” means a powered wheelchair.

(f) “Fair and reasonable terms and costs” means:

(1) With respect to obtaining from a manufacturer any documentation, parts, embedded software, firmware, or tools in order to provide services:

(i) Terms that are equivalent to the most favorable terms the manufacturer offers to an authorized repair provider; and

(ii) Costs that do not exceed the manufacturer’s suggested retail price, calculated using net costs incurred and accounting for any discounts, rebates, or incentives offered;

(2) With respect to obtaining from a manufacturer any documentation to provide services, terms and costs on which the manufacturer agrees to provide the documentation and any relevant updates at no charge other than, at most, a charge for the manufacturer’s actual costs to prepare and send the printed copy of the documentation; and

(3) With respect to obtaining from a manufacturer tools that are software programs, terms and costs on which the manufacturer agrees to provide the tools:

(i) At no charge and without requiring authorization or Internet access, or imposing impediments to access or use the tools;

(ii) During the course of performing a diagnosis, maintenance, or a repair and in a manner that enables full functionality of the equipment or part; and

(iii) In a manner that does not impair the efficient and cost–effective performance of the equipment or part.

(g) “Firmware” means a software program or set of instructions programmed on equipment or a part to allow the equipment or part to communicate with itself or with other computer hardware.

(h) (1) “Independent repair provider” means a person in the State that is:

(i) Except as provided in paragraph (2)(i) of this subsection, neither a manufacturer’s authorized repair provider nor affiliated with a manufacturer’s authorized repair provider; and

(ii) Engaged in offering or providing services.

(2) “Independent repair provider” includes:

(i) An authorized repair provider if the authorized repair provider is offering or providing services for a different manufacturer other than the manufacturer with whom the authorized repair provider has an arrangement as described in subsection (b)(1) of this section; and

(ii) A manufacturer that offers or provides services for another manufacturer’s equipment or part.

(i) “Manufacturer” means a person doing business in the State and engaged in the business of selling, leasing, or supplying new equipment or parts manufactured by or on behalf of itself to any individual, business, or other entity.

(j) “Owner” means a person that owns equipment or an agent of the owner.

(k) “Part” means a new or used replacement component for equipment that a manufacturer offers for sale or makes available for the purpose of providing services.

(l) “Powered wheelchair” means a motorized wheeled device designed for use by a person with a physical disability.

(m) “Services” means diagnostics, maintenance, or repairs performed on equipment or parts.

(n) (1) “Tool” means any software program, hardware implement, or other apparatus used for diagnosis, maintenance, or repair of equipment or parts.

(2) “Tool” includes software or other mechanisms that provide, program, or pair a new part, calibrate functionality, or perform any other function required to return the equipment or part to fully functional condition.

(o) “Trade secret” has the meaning stated in § 11–1201 of this article.
Md. Code, Education § 14-406 — MD Code / Article ged / Title 14 / Subtitle 4 / Section 14-406
§14–406.
Status: in_force

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

(2) “Institution” means St. Mary’s College of Maryland.

(3) “Senior citizen” means any resident of this State who is:

(i) 60 years of age or older;

(ii) Retired and whose chief income is derived from retirement benefits; and

(iii) Not employed full time.

(4) “Tuition” means the basic instructional charge and does not pertain to self–supporting programs or include fees, such as those for registration, application, or laboratory work.

(b) Except as provided in subsection (c) of this section, an institution shall admit a senior citizen to any scheduled course and waive the tuition involved:

(1) Only when regularly scheduled course space is available;

(2) For any credit or noncredit course; and

(3) For as many as 3 courses per term.

(c) An institution may not:

(1) Allow a senior citizen to enroll in a degree granting program, unless the senior citizen meets the admission standards of the institution; or

(2) Permit the full–time equivalent enrollment of senior citizens for whom tuition has been waived to exceed 2 percent of its undergraduate full–time equivalent enrollment.

(d) At the termination of each semester, the institution shall furnish to its governing board a statement of the number of senior citizens participating under the provisions of this section.

(e) This section does not prohibit an institution from offering senior citizens educational opportunities free of charge beyond these minimum requirements.
Md. Code, Commercial Law § 14-4810 — MD Code / Article gcl / Title 14 / Subtitle 48 / Section 14-4810
§14–4810.
Status: in_force

Nothing in this subtitle may be interpreted or construed to:

(1) Provide a private right of action under this subtitle or any other law;

(2) Impose liability in a manner that is inconsistent with 47 U.S.C. § 230;

(3) Prevent or preclude a child from deliberately or independently searching for or specifically requesting content; or

(4) Require a covered entity to implement an age–gating requirement.
Md. Code, Commercial Law § 14-3002 — MD Code / Article gcl / Title 14 / Subtitle 30 / Section 14-3002
§14–3002.
Status: in_force

(a) This section does not apply to an interactive computer service provider or a telecommunication utility to the extent that the interactive computer service provider or the telecommunication utility merely handles, retransmits, or carries a transmission of commercial electronic mail.

(b) A person may not initiate the transmission, conspire with another person to initiate the transmission, or assist in the transmission of commercial electronic mail that:

(1) Is from a computer in the State or is sent to an electronic mail address that the sender knows or should have known is held by a resident of the State; and

(2) (i) Uses a third party’s Internet domain name or electronic mail address without the permission of the third party;

(ii) Contains false or misleading information about the origin or the transmission path of the commercial electronic mail; or

(iii) Contains false or misleading information in the subject line that has the capacity, tendency, or effect of deceiving the recipient.

(c) A person is presumed to know that the intended recipient of commercial electronic mail is a resident of the State if the information is available on request from the registrant of the Internet domain name contained in the recipient’s electronic mail address.

(d) An interactive computer service provider:

(1) May block the receipt or transmission through its interactive computer service of commercial electronic mail that it reasonably believes is or will be sent in apparent violation of this section; and

(2) May not be held liable for an action under item (1) of this subsection that is voluntarily taken in good faith.
Md. Code, Real Property § 14-122 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-122
§14–122.
Status: in_force

(a) In this section, “burial site” means any natural or prepared physical location, whether originally below, on, or above the surface of the earth into which human remains are deposited as a part of a death rite or ceremony of any culture, religion, or group.

(b) Any county or municipal corporation that has within its jurisdiction a burial site in need of repair or maintenance may, upon the request of the owner or with permission of the owner of the burial site in need of repair or maintenance, maintain and preserve the burial site for the owner.

(c) In order to maintain and preserve a burial site or to repair or restore fences, tombs, monuments, or other structures located in a burial site, a county or municipal corporation may:

(1) Appropriate money and solicit donations from individuals or public or private corporations;

(2) Provide incentives for charitable organizations or community groups to donate their services; and

(3) Develop a community service program through which individuals required to perform community service hours under a sentence of a court or students may satisfy community service requirements or volunteer their services.
Md. Code, Commercial Law § 14-2706 — MD Code / Article gcl / Title 14 / Subtitle 27 / Section 14-2706
§14–2706.
Status: in_force

This subtitle may be cited as “The Motorized Wheelchair Warranty Enforcement Act”.
Md. Code, Real Property § 14-702 — MD Code / Article grp / Title 14 / Subtitle 7 / Section 14-702
§14–702.
Status: in_force

(a) Real property shall be partitioned under this subtitle unless all of the cotenants agree otherwise in a record.

(b) The Maryland Rules apply to actions under this subtitle, except to the extent they are inconsistent with the provisions of this subtitle.
Md. Code, Commercial Law § 14-1308 — MD Code / Article gcl / Title 14 / Subtitle 13 / Section 14-1308
§14–1308.
Status: in_force

A person may not sell any photographic film manufactured after July 1, 1977, except black and white film, unless the cartridge or roll of film is marked with sufficient processing instructions so that a commercial photographic processor can identify the required chemical and developing procedures.
Md. Code, Public Safety § 14-3A-04 — MD Code / Article gps / Title 14 / Subtitle 3A / Section 14-3A-04
§14–3A–04.
Status: in_force

The Secretary may require an individual to go to and remain in a place of isolation or quarantine until the Secretary determines that the individual no longer poses a substantial risk of transmitting a disease or condition to the public if the individual:

(1) is a competent adult; and

(2) refuses an order under § 14-3A-03(b)(3) of this subtitle for:

(i) vaccination;

(ii) medical examination;

(iii) treatment; or

(iv) testing.
Md. Code, Business Regulation § 14-221 — MD Code / Article gbr / Title 14 / Subtitle 2 / Section 14-221
§14–221.
Status: in_force

The Commissioner summarily may pass a stop order to deny, suspend, or revoke a registration if the Commissioner finds that:

(1) there has been a violation of this subtitle or a regulation adopted under it;

(2) the offer to sell or sale of the franchise would constitute misrepresentation to, deceit of, or fraud on the buyer;

(3) a person identified in an application has been convicted of an offense or has had a civil judgment entered against the person as described in § 14-216(c)(8) of this subtitle or is subject to an order described in § 14-216(c)(9) of this subtitle, and the involvement of the person in the sale or management of the franchise creates an unreasonable risk to prospective franchisees;

(4) the prospectus or amendment to it is incomplete or inaccurate in any material respect;

(5) the prospectus or amendment to it includes a false or misleading statement of a material fact or omits to state a material fact required to be stated in the prospectus or amendment or necessary to make the statements in the prospectus or amendment not misleading;

(6) in connection with an offer to sell or sale of a franchise, a person in the State is engaging or is about to engage in a false, fraudulent, or deceptive practice or in a device, scheme, or artifice to defraud; or

(7) the financial condition of the franchisor affects or will affect the ability of the franchisor to meet an obligation under the franchise or other agreement and the franchisor is not able or willing to comply or has failed to comply with a regulation, order, or administrative determination of the Commissioner under § 14-217 of this subtitle.
Md. Code, Commercial Law § 14-4203 — MD Code / Article gcl / Title 14 / Subtitle 42 / Section 14-4203
§14–4203.
Status: in_force

(a) (1) The statement required under § 14–4202(b)(3) of this subtitle shall be on a form prescribed by the Commissioner by regulation.

(2) If the form prescribed by the Commissioner is included in other documents provided by the mobile home retailer to a prospective consumer borrower, the form shall be conspicuous, such as through the use of a different font or separated with a box around it.

(b) The statement required under § 14–4202(b)(3) of this subtitle shall include:

(1) A disclosure that describes any corporate affiliation between the mobile home retailer and a financing source about which the mobile home retailer provides information to the prospective consumer borrower;

(2) A disclosure that the prospective consumer borrower may obtain financing from any lender and is not required to obtain financing from a lender suggested by the mobile home retailer; and

(3) Information regarding the rights of a prospective consumer borrower under this subtitle and the procedure for filing a complaint with the Commissioner.

(c) The mobile home retailer shall provide the statement required under § 14–4202(b)(3) of this subtitle:

(1) To a prospective consumer borrower at the time the mobile home retailer provides information to the prospective consumer borrower regarding financing or potentially available lenders; and

(2) By posting the statement in a prominent location at all of the mobile home retailer’s places of business and on the mobile home retailer’s website, if any.
Md. Code, Environment § 14-118 — MD Code / Article gen / Title 14 / Subtitle 1 / Section 14-118
§14–118.
Status: in_force

Upon application of the Department, verified by oath or affirmation, the circuit court of the county where the well is located, sitting in equity, may by injunction enforce compliance with, or restrain the violation of any order, notice, rule or regulation made under the provisions of this subtitle or restrain the violation or attempted violation of any of the provisions of this subtitle.
Md. Code, Commercial Law § 14-2205 — MD Code / Article gcl / Title 14 / Subtitle 22 / Section 14-2205
§14–2205.
Status: in_force

In addition to any remedies otherwise available at law, a violation of this subtitle shall be:

(1) An unfair or deceptive trade practice under Title 13, Subtitle 3 of this article; and

(2) If the violation involves a solicitation offering credit services, a violation of the Maryland Credit Services Businesses Act.
Md. Code, Real Property § 14-103 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-103
§14–103.
Status: in_force

(a) If a legal or equitable interest in land is sold under an execution sale, judicial sale, or foreclosure sale except a sale under Title 14, Chapter 200 of the Maryland Rules, and a deed is executed and delivered to the purchaser by the sheriff, trustee, agent, or other officer making the sale, the grantee in the deed, when recorded, is entitled to the same protection against the legal or equitable interests of persons not of record as is provided in this article for the benefit of grantees in deeds voluntarily executed, delivered, and recorded.

(b) If there is a decree for the sale of any reversion in lands to which rent is incident, the court may order any rent in arrears to be sold with the estate and the purchaser may recover the rent by distress, entry, or action, as if he was owner of the estate when the rent accrued.

(c) If a sale is made on credit, the court, on application of the mortgagee or creditor, may direct any bond taken in consequence of the sale to be assigned to the mortgagee or creditor and the assignee may sue on the bond in his own name.

(d) The court may decree a sale of an equitable title in any case where a decree for the sale of the legal title could be passed. The purchaser of the equitable title has the same remedy for obtaining the legal title as the person whose equitable interest he purchased would have had if no sale had been made.

(e) If property is sold pursuant to a judicial decree, all costs of the proceedings accruing up to and including the final ratification of the sale shall be paid prior to the final ratification of the first auditor’s account after the sale. The costs shall include the fees for recording all papers which are proper to be recorded by law. After payment of the costs, the clerk of the court shall record all the proper required papers.

(f) (1) In Baltimore City, if a foreclosure sale under a mortgage or a deed of trust of an interest in land is ratified, the person making the sale shall cause to be recorded in the land records a copy of the final order of ratification within 90 days of the date of the final order of ratification if:

(i) The vendor and the purchaser are the same; and

(ii) A deed is not recorded.

(2) The copy of the final order of ratification shall include the name and address of the purchaser.

(3) This subsection does not apply to a foreclosure that is subject to a stay issued by a court in a bankruptcy proceeding.
Md. Code, Insurance § 14-412 — MD Code / Article gin / Title 14 / Subtitle 4 / Section 14-412
§14–412.
Status: in_force

(a) (1) A dental plan organization shall establish and maintain a complaint system to provide reasonable procedures for the resolution of written complaints initiated by enrollees about services of the dental plan organization.

(2) The dental plan organization shall maintain records of all written complaints initiated by enrollees.

(b) (1) The Commissioner may examine the complaint system of a dental plan organization.

(2) If the Commissioner determines that the complaint system is inadequate, the Commissioner may require a revision of the complaint system.
Md. Code, Health Occupations § 14-5A-19 — MD Code / Article gho / Title 14 / Subtitle 5A / Section 14-5A-19
§14–5A–19.
Status: in_force

(a) Subject to subsection (c) of this section, on the application of an individual whose license has been revoked, a disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary panel, may reinstate a revoked license.

(b) A disciplinary panel may not reinstate a revoked license that has been revoked for a period of more than 1 year unless the licensee:

(1) Meets the requirements for reinstatement as established under this title; and

(2) Completes a criminal history records check in accordance with § 14–308.1 of this title.
Md. Code, Real Property § 14-507 — MD Code / Article grp / Title 14 / Subtitle 5 / Section 14-507
§14–507.
Status: in_force

An affordable housing land trust agreement may authorize the affordable housing land trust to take possession of the property and any improvements and sell or transfer the specified interest in the property if:

(1) A condition defined in the affordable housing land trust agreement authorizing the action is met;

(2) The sale is made under Title 14, Chapter 300 of the Maryland Rules;

(3) The owner of the interest in the property retains the right to any proceeds of a sale as set forth in the affordable housing land trust agreement; and

(4) The right of the owner to the proceeds has precedence over any claim by the affordable housing land trust to the proceeds of the sale.
Md. Code, State Personnel and Pensions § 14-103 — MD Code / Article gsp / Title 14 / Subtitle 1 / Section 14-103
§14–103.
Status: in_force

Except as otherwise specifically provided by State law, this State, its officers, and its units may not raise the defense of sovereign immunity in any administrative, arbitration, or judicial proceeding involving an employee grievance or hearing that is held under:

(1) this Division I or a regulation adopted under it; or

(2) a personnel policy or regulation that governs classified employees of the University System of Maryland or Morgan State University.
Md. Code, Estates and Trusts § 14-406 — MD Code / Article get / Title 14 / Subtitle 4 / Section 14-406
§14–406.
Status: in_force

(a) The trust shall terminate upon the first to occur of:

(1) The death of the beneficiary;

(2) A date or event specified in the trust document; or

(3) The determination by the trustee, in the trustee’s sole and absolute discretion, that by judicial, legislative, or administrative action, trust property or income has been or will be determined to be property or an available resource of the beneficiary.

(b) Upon termination of a trust, the trustee shall transfer the unexpended trust property:

(1) As designated in the instrument creating the trust; or

(2) If there is no designation, in the following order:

(i) To the transferor, if living;

(ii) If the transferor is not living and died with a will, to those persons, other than the beneficiary, designated as residuary legatees in the transferor’s will in the proportions to which they were entitled under the transferor’s will; or

(iii) If the transferor is not living and died without a will, to those persons, other than the beneficiary, who would be entitled to receive the trust property at the time if the transferor died owning the trust property, without a will, and a resident of Maryland.

(c) The powers and duties of the trustee shall continue until the final and complete distribution of the trust property is made.
Md. Code, Public Safety § 14-308 — MD Code / Article gps / Title 14 / Subtitle 3 / Section 14-308
§14–308.
Status: in_force

The State shall repair or replace any equipment, facilities, or property that is damaged while being used in accordance with the proclamation of a state of emergency.
Md. Code, Health - General § 14-407 — MD Code / Article ghg / Title 14 / Subtitle 4 / Section 14-407
§14–407.
Status: in_force

(a) The Department shall:

(1) Investigate complaints received regarding a youth camp; and

(2) Require appropriate training, including knowledge of outdoor camping, for a camp inspector.

(b) (1) Before a youth camp makes a formal offer of employment to a job applicant, the operator of the youth camp may request from the Department a determination as to whether the results of a national or State criminal history records check would be the basis for prohibiting the hiring of the applicant.

(2) Within 3 business days after receipt of a request from the operator of a youth camp under paragraph (1) of this subsection, the Department shall issue a written determination to the youth camp as to whether the results of a national or State criminal history records check would be the basis for prohibiting the hiring of the applicant.

(3) A determination issued by the Department under paragraph (2) of this subsection is binding on the Department and the youth camp unless the applicant:

(i) Has subsequently been convicted of a crime;

(ii) Has pending criminal charges; or

(iii) Had previously undisclosed criminal convictions.

(4) The Department may set a reasonable fee to cover the cost of a criminal history records check required under this subsection.
Md. Code, Commercial Law § 14-1908 — MD Code / Article gcl / Title 14 / Subtitle 19 / Section 14-1908
§14–1908.
Status: in_force

A credit services business is required to obtain a surety bond pursuant to Title 11, Subtitle 3 of the Financial Institutions Article.
Md. Code, Business Occupations and Professions § 14-506 — MD Code / Article gbo / Title 14 / Subtitle 5 / Section 14-506
§14–506.
Status: in_force

(a) Except as otherwise provided under this section, an individual whose license has been suspended or revoked under § 14-317 of this title may not practice engineering in any manner as:

(1) an associate, agent, employee, or other subordinate of a professional engineer; or

(2) a principal, associate, agent, employee, or other subordinate of a corporation or partnership that provides engineering services.

(b) The prohibition set forth under subsection (a) of this section does not apply to an individual while practicing engineering:

(1) as an officer or employee of the federal government, as provided under § 14-301(b)(1) of this title;

(2) as an employee of a regulated utility company, as provided under § 14-301(b)(2) of this title; or

(3) as an officer or employee of a corporation, subject to the conditions provided under § 14-302 of this title.
Md. Code, Health Occupations § 14-5B-14.1 — MD Code / Article gho / Title 14 / Subtitle 5B / Section 14-5B-14.1
§14–5B–14.
Status: in_force

§14–5B–14.1.

(a) (1) Any person aggrieved by a final decision of the Board or a disciplinary panel under this subtitle may take a direct judicial appeal.

(2) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.

(b) An order of the Board or a disciplinary panel may not be stayed pending review.

(c) The Board may appeal from any decision that reverses or modifies the order of the Board or a disciplinary panel.
Md. Code, Commercial Law § 14-1501 — MD Code / Article gcl / Title 14 / Subtitle 15 / Section 14-1501
§14–1501.
Status: reserved

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

(b) “Consumer” means:

(1) The purchaser, other than for purposes of resale, of a new motor vehicle;

(2) Any person to whom a new motor vehicle is transferred during the duration of the warranty applicable to such motor vehicle; or

(3) Any other person who is entitled to enforce the obligations of the warranty.

(c) “Dealer” has the meaning provided in § 15-101(c) of the Transportation Article.

(d) “Manufacturer, factory branch, or distributor” means a person, partnership, association, corporation, or entity engaged in the business of manufacturing or assembling motor vehicles or of distributing motor vehicles to motor vehicle dealers as defined in § 15-201(b), (c), and (e) of the Transportation Article.

(e) (1) “Manufacturer’s warranty period” means the earlier of:

(i) The period of the motor vehicle’s first 18,000 miles of operation; or

(ii) 24 months following the date of original delivery of the motor vehicle to the consumer.

(2) This subsection does not extend any manufacturer’s express warranty.

(f) (1) “Motor vehicle” means a vehicle that is registered in this State as a:

(i) Class A (passenger) vehicle;

(ii) Class D (motorcycle) vehicle;

(iii) Class E (truck) vehicle with a 3/4 ton or less manufacturer’s rated capacity; or

(iv) Class M (multipurpose) vehicle.

(2) “Motor vehicle” does not include a motor home. For the purpose of administering this subtitle, the Motor Vehicle Administration shall promulgate a regulation defining a motor home.

(g) “Warranty” means warranties as defined in §§ 2-312, 2-313, 2-314, and 2-315 of this article.
Md. Code, Health Occupations § 14-5G-06 — MD Code / Article gho / Title 14 / Subtitle 5G / Section 14-5G-06
§14–5G–06.
Status: in_force

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

(1) Three shall be licensed genetic counselors;

(2) Three shall be licensed physicians; and

(3) One shall be a consumer member.

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

(c) The licensed physician members of the Committee must have experience working with genetic counselors.

(d) The consumer member of the Committee:

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

(2) May not be or ever have been:

(i) A genetic counselor;

(ii) Any other health care professional; or

(iii) In training to be a genetic counselor or other health professional; and

(3) May not:

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

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

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

(iv) Have had within 2 years before appointment a financial interest in the provision of goods or services to genetic counselors or to the field of genetic counseling.

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

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

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

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

(4) A member may not serve more than two consecutive full terms.

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

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

(h) A quorum of the Committee consists of five members.
Md. Code, Commercial Law § 14-2803 — MD Code / Article gcl / Title 14 / Subtitle 28 / Section 14-2803
§14–2803.
Status: in_force

A person may not sell or offer for sale any product falsely represented to be a product made by the blind.
Md. Code, State Finance and Procurement § 14-602 — MD Code / Article gsf / Title 14 / Subtitle 6 / Section 14-602
§14–602.
Status: in_force

(a) (1) A unit shall structure procurement procedures, consistent with the purposes of this subtitle, to try to achieve or exceed an overall percentage goal of the unit’s total dollar value of procurement contracts to be made directly or indirectly with veteran–owned small business enterprises.

(2) The Office of Small, Minority, and Women Business Affairs shall adopt regulations that establish the overall percentage goal.

(b) Solicitation documents shall state the expected percentage of veteran–owned small business enterprise participation based, in part, on:

(1) the potential contracting opportunities available in the procurement contract, including both prime contracting and subcontracting opportunities, as determined through analysis of the scope of the work presented in the solicitation documents; and

(2) the availability of veteran–owned small business enterprises to respond competitively to the potential contracting opportunities.

(c) (1) (i) This paragraph applies to a bidder or offeror after submission of a bid or proposal and before the execution of a contract with an expected degree of veteran–owned small business enterprise participation.

(ii) 1. If a unit’s procurement officer determines that a deficiency exists in the veteran–owned small business enterprise participation schedule, the procurement officer shall notify the bidder or offeror of the deficiency and require the bidder or offeror to submit an amended veteran–owned small business enterprise participation schedule within a reasonable time period.

2. A determination under subsubparagraph 1 of this subparagraph shall be made in consultation with the unit’s veteran–owned small business enterprise liaison.

3. As directed by the notification made under subsubparagraph 1 of this subparagraph, the bidder or offeror shall submit an amended veteran–owned small business enterprise participation schedule correcting the deficiency identified.

(2) (i) Subject to subparagraph (ii) of this paragraph, a unit may consider modifying the veteran–owned small business participation goal on a procurement contract:

1. at any time prior to contract execution; or

2. after contract execution, when determined to be in the best interest of the State.

(ii) Before a unit may consider modifying a veteran–owned small business participation goal under subparagraph (i) of this paragraph, the unit shall:

1. make a determination that there has been a change in the factors established under subsection (b) of this section;

2. use the factors established under subsection (b) of this section to determine the percentage modification to the veteran–owned small business participation goal; and

3. obtain the agreement of the contractor, including any reasonable pricing considerations.

(3) The veteran–owned small business enterprise participation schedule, including any amendment, shall be attached to and made a part of the executed contract.

(4) A veteran–owned small business enterprise participation schedule may be amended to modify the veteran–owned small business enterprise participation after the date of contract execution only if:

(i) it is in the best interest of the State;

(ii) it is approved by the head of the unit; and

(iii) the contract is amended.

(d) The provisions of this subtitle do not apply to a unit’s procurement procedures to the extent that any unit determines that those provisions are in conflict with an applicable federal program.
Md. Code, Health Occupations § 14-206 — MD Code / Article gho / Title 14 / Subtitle 2 / Section 14-206
§14–206.
Status: in_force

(a) Over the signature of an officer, the executive director, or the deputy director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.

(b) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.

(c) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

(d) (1) If the entry is necessary to carry out a duty under this title or Title 15 of this article, the Board’s executive director or other duly authorized agent or investigator of the Board may enter at any reasonable hour:

(i) A place of business of a licensee; or

(ii) Public premises.

(2) A person may not deny or interfere with an entry under this subsection.

(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $1,000.

(e) A disciplinary panel may issue a cease and desist order or obtain injunctive relief against an individual for:

(1) Practicing a profession regulated under this title or Title 15 of this article without a license or with an unauthorized person;

(2) Representing to the public, by title, description of services, methods, procedures, or otherwise, that the individual is authorized to practice:

(i) Medicine in this State, in violation of § 14–602 of this title;

(ii) Respiratory care in this State, in violation of § 14–5A–21 of this title;

(iii) Radiation therapy, radiography, nuclear medicine technology, or radiation assistance in this State, in violation of § 14–5B–18 of this title;

(iv) Polysomnography in this State, in violation of § 14–5C–21 of this title;

(v) Athletic training in this State, in violation of § 14–5D–17(3) of this title;

(vi) Perfusion in this State, in violation of § 14–5E–21 of this title;

(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 of this title;

(viii) Genetic counseling in this State, in violation of § 14–5G–24 of this title; or

(ix) As a physician assistant in this State, in violation of § 15–402 of this article; or

(3) Taking any action:

(i) For which a disciplinary panel determines there is a preponderance of evidence of grounds for discipline under § 14–404, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5E–16, § 14–5F–18, or § 14–5G–18 of this title or § 15–415 of this article; and

(ii) That poses a serious risk to the health, safety, and welfare of a patient.

(f) The Board shall adopt regulations to carry out the provisions of this section, including hearing procedures and sanctions for noncompliance with a cease and desist order.
Md. Code, Commercial Law § 14-1203.1 — MD Code / Article gcl / Title 14 / Subtitle 12 / Section 14-1203.1
§14–1203.
Status: in_force

§14–1203.1.

(a) A consumer reporting agency may not include in a consumer report:

(1) Any record of a criminal proceeding concerning the consumer:

(i) In which the consumer was falsely accused, acquitted, or exonerated;

(ii) In which a nolle prosequi was entered as to a charge concerning the consumer; or

(iii) That did not result in a guilty verdict for or guilty plea by the consumer; or

(2) Any criminal records concerning the consumer that have been expunged.

(b) A consumer reporting agency may not rely on the information contained in records listed under subsection (a) of this section to make a determination regarding the creditworthiness of a consumer.
Md. Code, Estates and Trusts § 14-611 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-611
§14–611.
Status: in_force

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

(2) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after passage of a specified time and that is unconditional or will be held solely for charitable purposes.

(3) “Unconditional” means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement that a charitable organization be in existence or qualify under a particular provision of Title 26 of the United States Code on the date of the distribution, if the charitable organization meets the requirement on the date of determination.

(b) (1) If a first trust contains a determinable charitable interest, the Attorney General has the rights of a qualified beneficiary and may represent and bind the charitable interest.

(2) If a first trust contains a charitable interest, a second trust may not:

(i) Diminish the charitable interest;

(ii) Diminish the interest of an identified charitable organization that holds the charitable interest;

(iii) Alter any charitable purpose stated in the first trust instrument; or

(iv) Alter any condition or restriction related to the charitable interest.

(3) If a first trust contains a determinable charitable interest, the second trust shall be administered under the law of this State, unless:

(i) The Attorney General, after receiving notice of the exercise of the decanting power, does not object within 60 days after receiving the notice;

(ii) The Attorney General consents in a signed record to the second trust being administered under the law of another jurisdiction; or

(iii) A court approves the exercise of the decanting power.

(c) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (b) of this section.
Md. Code, Commercial Law § 14-2403 — MD Code / Article gcl / Title 14 / Subtitle 24 / Section 14-2403
§14–2403.
Status: in_force

(a) It is a deceptive trade practice for a sales agent to violate any requirement of this subtitle.

(b) If the sales agent violates any provision of this subtitle, the purchaser:

(1) May cancel the contract by notifying the seller in any manner, by any means, and at any time of the purchaser’s intention to cancel; and

(2) Is entitled to a refund of:

(i) All money paid; and

(ii) Until the refund is made, interest of 1% for each month after the date of cancellation.
Md. Code, Public Safety § 14-8A-03 — MD Code / Article gps / Title 14 / Subtitle 8A / Section 14-8A-03
§14–8A–03.
Status: in_force

Any provision or part of a State, local, or municipal corporation statute, law, or ordinance that requires a mutual aid agreement to contain additional terms or conditions is inapplicable to an agreement authorized by and entered into under this subtitle.
Md. Code, Commercial Law § 14-3702 — MD Code / Article gcl / Title 14 / Subtitle 37 / Section 14-3702
§14–3702.
Status: in_force

It is the intent of the General Assembly that this subtitle promote the dissemination of qualifying parental controls for the protection of children in the State subject to appropriate and beneficial oversight by their parents and families.
Md. Code, Insurance § 14-126 — MD Code / Article gin / Title 14 / Subtitle 1 / Section 14-126
§14–126.
Status: in_force

(a) (1) A corporation subject to this subtitle may not amend its certificate of incorporation, bylaws, or the terms and provisions of contracts issued or proposed to be issued to subscribers to the plan until the proposed amendments have been submitted to and approved by the Commissioner and the applicable fees required by § 2–112 of this article have been paid.

(2) (i) A corporation subject to this subtitle may not change the table of rates charged or proposed to be charged to subscribers for a form of contract issued or to be issued for health care services until the proposed change has been submitted to and approved by the Commissioner.

(ii) 1. A nonprofit health service plan that offers a health benefit plan, as defined in § 11–601 of this article, is subject to Title 11, Subtitle 6 of this article for the health benefit plan.

2. If the provisions of Title 11, Subtitle 6 of this article conflict with the provisions of this section, the provisions of Title 11, Subtitle 6 of this article shall prevail.

(3) The Commissioner shall approve an amendment to the articles of incorporation or bylaws under paragraph (1) of this subsection unless the Commissioner determines the amendment is contrary to the public interest.

(b) (1) (i) An amendment may not take effect until 60 days after it is filed with the Commissioner.

(ii) The Commissioner may extend the initial waiting period described in subparagraph (i) of this paragraph for up to an additional 30 days if the Commissioner gives to a corporation subject to this subtitle notice of the extension before the initial waiting period ends.

(iii) If an amendment is not accompanied by the information needed to support it and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this section, the Commissioner shall require the nonprofit health service plan to provide the needed information.

(iv) If the Commissioner requires additional information, the waiting period under this paragraph shall begin again on the date the needed information is provided.

(v) On written application by the nonprofit health service plan, the Commissioner may authorize an amendment that the Commissioner has reviewed to become effective before the expiration of the waiting period or any extension of the waiting period or at a later date.

(2) A filing is deemed approved unless disapproved by the Commissioner within the waiting period or any extension of the waiting period.

(3) (i) The Commissioner shall disapprove or modify the proposed change if:

1. the table of rates appears by statistical analysis and reasonable assumptions to be inadequate, unfairly discriminatory, or excessive in relation to benefits; or

2. the form contains provisions that are unjust, unfair, inequitable, inadequate, misleading, or deceptive or encourage misrepresentations of the coverage.

(ii) In determining whether to disapprove or modify the form or table of rates, the Commissioner shall consider, to the extent appropriate:

1. past and prospective loss experience within and outside the State;

2. underwriting practice and judgment;

3. a reasonable margin for reserve needs;

4. past and prospective expenses, both countrywide and those specifically applicable to the State; and

5. any other relevant factors within and outside the State.

(4) On the adoption of an amendment or change, after approval by the Commissioner, the corporation shall file with the Commissioner a copy of the amendment or change that has been certified by at least two executive officers of the corporation.

(c) At any time, the Commissioner may require a nonprofit health service plan in the State to demonstrate that its filings, including the terms and provisions of its contracts, its table of rates, and its method for setting rates, comply with subsections (a) and (b) of this section, notwithstanding that the Commissioner had previously approved the filings.

(d) (1) If, after the applicable review period established under subsection (b) of this section, the Commissioner finds that a filing does not meet the requirements of this section, the Commissioner shall issue to the filer an order that specifies the ways in which the filing fails to meet the requirements of this section and states when, within a reasonable period after the order, the filing will no longer be effective.

(2) (i) The Commissioner shall hold a hearing before issuing an order under paragraph (1) of this subsection.

(ii) The Commissioner shall give written notice of the hearing to the filer at least 10 days before the hearing.

(iii) The written notice shall specify the matters to be considered at the hearing.

(3) An order issued under paragraph (1) of this subsection does not:

(i) affect a contract or policy made or issued before the expiration of the period set forth in the order; or

(ii) directly affect an existing contract or policy between a nonprofit health service plan and a subscriber established in accordance with a collective bargaining agreement.

(e) (1) The Commissioner may adopt regulations to allow a type or kind of form to be effective upon receipt of the filing by the Commissioner.

(2) If a nonprofit health service plan uses a form which becomes effective in accordance with the provisions of subparagraph (i) of this paragraph and the form would be subject to disapproval under subsection (b)(3) of this section, the Commissioner may:

(i) subsequently disapprove the form; and

(ii) impose on the nonprofit service plan a penalty under § 4–113 of this article.

(3) If a nonprofit health service plan files a form with the Commissioner which becomes effective in accordance with paragraph (1) of this subsection, the nonprofit health service plan shall pay the applicable filing fee provided in § 2–112 of this article.
Md. Code, State Personnel and Pensions § 14-203 — MD Code / Article gsp / Title 14 / Subtitle 2 / Section 14-203
§14–203.
Status: in_force

(a) If sufficient money is not available at the time to satisfy an award made against this State or an officer or unit of this State, the affected unit or officer shall report the outstanding award to the State Comptroller.

(b) The Comptroller shall:

(1) keep an accounting of all outstanding awards; and

(2) report that accounting annually to the Governor.
Md. Code, State Finance and Procurement § 14-106 — MD Code / Article gsf / Title 14 / Subtitle 1 / Section 14-106
§14–106.
Status: in_force

(a) In this section, “Committee” means the Pricing and Selection Committee for Preferred Providers.

(b) There is a Pricing and Selection Committee for Preferred Providers.

(c) The Committee consists of the following 6 members:

(1) the Secretary of Transportation or a designee;

(2) the Chief Procurement Officer or a designee;

(3) the Secretary of Public Safety and Correctional Services or a designee;

(4) the Assistant Secretary for Vocational Rehabilitation within the State Department of Education or a designee;

(5) the Secretary of Labor or a designee; and

(6) the Special Secretary for the Office of Small, Minority, and Women Business Affairs or a designee.

(d) A member of the Committee:

(1) may not receive compensation; but

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

(e) (1) Blind Industries and Services of Maryland shall provide staff for the Committee.

(2) The staff provided in accordance with paragraph (1) of this subsection shall:

(i) be a blind or a visually impaired associate of Blind Industries and Services of Maryland; and

(ii) complete work related to the duties of the Committee regarding Blind Industries and Services of Maryland under the supervision and direction of the Committee.

(f) The Committee shall:

(1) ensure that supplies and services provided by Blind Industries and Services of Maryland or an Employment Works Program community service provider create work opportunities for individuals who have a mental or physical disability, including blindness, for which Blind Industries and Services of Maryland or the Employment Works Program community service provider was established to assist;

(2) set the prices of supplies and services that Blind Industries and Services of Maryland provides to reflect the fair market prices for the supplies and services;

(3) review and verify the prevailing average market prices, as proposed by Maryland Correctional Enterprises:

(i) when changes are made to the pricing of existing supplies and services that are available from Maryland Correctional Enterprises; and

(ii) for new supplies or services that Maryland Correctional Enterprises intends to make available;

(4) establish procedures to govern procurement of supplies, services, and other sales from Employment Works Program community service providers and individual with disability owned businesses;

(5) from the State procurement list, choose appropriate supplies, services, and other sales for Employment Works Program community service providers and individual with disability owned businesses to offer for procurement;

(6) provide that the State procure those supplies, services, and other sales from an Employment Works Program community service provider or an individual with disability owned business;

(7) if supplies, services, or other sales are not available for procurement from a unit of the State government, determine whether supplies, services, or other sales are available from an Employment Works Program community service provider or an individual with disability owned business;

(8) determine the fair market price of supplies, services, and other sales that Employment Works Program community service providers and individual with disability owned businesses provide;

(9) in accordance with market conditions, adjust prices for the supplies, services, and other sales that Employment Works Program community service providers and individual with disability owned businesses provide;

(10) at the request of a community service provider or an individual with disability owned business, review and, if appropriate, change the price of a supply or service; and

(11) review a request submitted from and may grant a waiver to the State or a State–aided or controlled entity in accordance with § 14–103(d)(1) of this subtitle.

(g) In addition to the duties specified under subsection (f) of this section, the Committee shall:

(1) establish and periodically review eligibility policies or guidelines for participating community service providers and individual with disability owned businesses;

(2) maintain a current list of community service providers and individual with disability owned businesses;

(3) periodically review and revise its list of community service providers and individual with disability owned businesses; and

(4) send any revised list to the Chief Procurement Officer who shall make the list available to each person responsible for buying supplies or services for the State or a State aided or controlled entity.
Md. Code, Commercial Law § 14-4601 — MD Code / Article gcl / Title 14 / Subtitle 46 / Section 14-4601
§14–4601.
Status: in_force

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

(b) “Program” means the Forensic Nurse Examiner Training Grant Program.

(c) “Qualified health care provider” has the meaning stated in § 11–926 of the Criminal Procedure Article.

(d) “Self–administered sexual assault evidence collection kit” means materials advertised or marketed as a means for a person other than a qualified health care provider to collect physical evidence of a sexual crime.

(e) “Sexual crime” has the meaning stated in § 10–925 of the Courts Article.
Md. Code, Real Property § 14-604 — MD Code / Article grp / Title 14 / Subtitle 6 / Section 14-604
§14–604.
Status: in_force

The Maryland Rules apply to actions under this subtitle, except to the extent they are inconsistent with the provisions of this subtitle.
Md. Code, Commercial Law § 14-4A-11 — MD Code / Article gcl / Title 14 / Subtitle 4A / Section 14-4A-11
§14–4A–11.
Status: in_force

A warrantor that establishes an informal dispute settlement procedure may elect to settle vehicle protection product warranty disputes in coordination with a private mediation services provider or the Division.
Md. Code, Commercial Law § 14-1504 — MD Code / Article gcl / Title 14 / Subtitle 15 / Section 14-1504
§14–1504.
Status: in_force

(a) A violation of this subtitle shall be an unfair or deceptive trade practice under Title 13 of this article.

(b) In addition to any other remedies that may be available under this subtitle, if a manufacturer, factory branch, or distributor is found to have acted in bad faith, the court may award the consumer damages of up to $10,000.
Md. Code, Public Safety § 14-307 — MD Code / Article gps / Title 14 / Subtitle 3 / Section 14-307
§14–307.
Status: in_force

(a) In this section, “emergency” includes an emergency that results from fire, flood, riot, robbery, weather, or other cause.

(b) If an emergency exists in a political subdivision, the Governor may proclaim a day for the general cessation of business in that political subdivision.

(c) If an emergency exists as to a banking institution, the Governor:

(1) may proclaim a day on which the banking institution may remain closed; and

(2) shall limit the proclamation to the principal banking office and branch offices of the banking institution that the emergency affects.
Md. Code, Estates and Trusts § 14-606 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-606
§14–606.
Status: in_force

On application of an authorized fiduciary or a person entitled to receive notice under § 14–605 of this subtitle, a court may:

(1) Determine whether a proposed or attempted exercise of the decanting power is allowed under this subtitle and consistent with the fiduciary duties of the authorized fiduciary;

(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised and to exercise the decanting power;

(3) Approve the exercise of the decanting power;

(4) Determine that the proposed or attempted exercise of the decanting power is ineffective:

(i) Due to a failure to comply with the provisions of this subtitle;

(ii) As an abuse of the authorized fiduciary’s discretion; or

(iii) As a breach of the authorized fiduciary’s fiduciary duties;

(5) Determine the extent to which § 14–619 of this subtitle applies to a prior exercise of the decanting power;

(6) Determine the application of § 14–619 of this subtitle to a prior exercise of the decanting power; or

(7) Order other relief to carry out the purposes of this title.
Md. Code, Tax - Property § 14-850 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-850
§14–850.
Status: in_force

Any person who acquires a deed to property under this subtitle is entitled to issuance of a writ for possession of the property under the Maryland Rules as if the person had obtained a judgment awarding possession of the property.
Md. Code, Commercial Law § 14-3302 — MD Code / Article gcl / Title 14 / Subtitle 33 / Section 14-3302
§14–3302.
Status: in_force

This subtitle does not apply to:

(1) An attorney licensed to practice law in the State;

(2) An individual authorized to represent individuals in immigration matters under 8 C.F.R. § 292.1;

(3) A nonprofit organization that has been recognized under 8 C.F.R. § 292.2;

(4) A representative of a nonprofit organization that has been recognized under 8 C.F.R. § 292.2; or

(5) A clinic affiliated with a law school in the State.
Md. Code, Health Occupations § 14-5A-08 — MD Code / Article gho / Title 14 / Subtitle 5A / Section 14-5A-08
§14–5A–08.
Status: in_force

(a) Except as otherwise provided in this subtitle, an individual shall be licensed by the Board before the individual may practice respiratory care in this State.

(b) This section does not apply to:

(1) A respiratory care practitioner employed in the service of the federal government while practicing within the scope of the employment;

(2) A respiratory care practitioner student enrolled in an education program which is accredited by an approved accrediting organization while practicing respiratory care in the program; or

(3) An individual practicing respiratory care who is licensed by and residing in another jurisdiction if:

(i) The individual is participating in the transportation of a patient from that individual’s jurisdiction of licensure into the State;

(ii) The individual practices respiratory care only during the transportation of the patient;

(iii) The individual does not practice respiratory care on another individual who is not the patient being transported into the State; and

(iv) The individual does not practice respiratory care in the State for more than a total of 14 days within a calendar year.
Md. Code, Tax - Property § 14-891 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-891
§14–891.
Status: in_force

(a) In this section, “Fund” means the Homeowner Protection Fund.

(b) There is a Homeowner Protection Fund.

(c) The purpose of the Fund is to finance the Program.

(d) The Department shall administer the Fund.

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

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

(f) The Fund consists of:

(1) tax and interest payments made to the Department by homeowners enrolled in the Program;

(2) voluntary donations to the Fund under § 4–201.1 of this article;

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

(4) money paid by county governments under subsection (h) of this section;

(5) interest earnings; and

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

(g) For each fiscal year, the Governor shall include in the annual budget bill an appropriation of $250,000 of the interest on overdue State property tax to the Fund.

(h) (1) For each fiscal year, county governments shall collectively pay $500,000 to the Fund.

(2) The amount required to be paid under paragraph (1) of this subsection shall be allocated among the counties based on the number of real property accounts in each county as a percentage of the total number of real property accounts statewide as of July 1 of the preceding fiscal year.

(3) The amount paid by each county under this subsection shall be derived from interest on overdue county property tax.

(4) Each county shall remit to the Department the county’s share of the amount required under paragraph (1) of this subsection on or before the first day of each fiscal year.

(i) (1) The Fund may be used only for any expenses associated with the Program.

(2) The Fund may not be used for any expenses of the office of the State Tax Sale Ombudsman that are not directly related to the Program.

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

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

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

(l) The Fund is the exclusive source of funding for the Program.
Md. Code, Business Occupations and Professions § 14-502 — MD Code / Article gbo / Title 14 / Subtitle 5 / Section 14-502
§14–502.
Status: in_force

Unless authorized under this title to practice engineering without the supervision required under § 14-303 of this title, a person may not represent to the public, by use of a title, including “engineer”, “professional engineer”, “licensed engineer”, or “registered engineer”, by use of the term “engineering” in the name of the person’s business activity, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice engineering in this State.
Md. Code, Real Property § 14-308 — MD Code / Article grp / Title 14 / Subtitle 3 / Section 14-308
§14–308.
Status: in_force

(a) A broker’s lien established under this subtitle may be enforced to the same extent as a judgment under the Maryland Rules, including a judicial sale of the lien property to satisfy the amount of the broker’s lien.

(b) (1) The right to enforce any broker’s lien under this subtitle expires at the end of 1 year from the day on which the petition to establish the broker’s lien was first filed.

(2) During the 1-year period the claimant may file a petition in the broker’s lien proceedings to enforce the lien or to execute on any bond given to obtain a release of the lien property from the broker’s lien.

(3) If a petition to enforce the lien is filed within the 1-year period, the right to a broker’s lien or the broker’s lien, or any bond given to obtain a release of the broker’s lien, shall remain in full force and effect until the conclusion of the enforcement proceedings and after the conclusion of the enforcement proceedings in accordance with the decree entered in the case.
Md. Code, Education § 14-303 — MD Code / Article ged / Title 14 / Subtitle 3 / Section 14-303
§14–303.
Status: in_force

(a) Before initiating a grievance proceeding, a classified employee shall present the matter orally to the employee’s supervisor for informal discussion.

(b) A grievance proceeding must be initiated by a classified employee within 30 days after:

(1) The occurrence of the alleged act that is the basis for the grievance; or

(2) The employee first knew or reasonably should have known of the alleged act that is the basis for the grievance.
Md. Code, Commercial Law § 14-803 — MD Code / Article gcl / Title 14 / Subtitle 8 / Section 14-803
§14–803.
Status: in_force

(a) Any person who, with the intent to deceive a potential purchaser, violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(b) A person is presumed to have the requisite intent to deceive if he fails to comply with any provision of this subtitle.
Md. Code, State Personnel and Pensions § 14-101 — MD Code / Article gsp / Title 14 / Subtitle 1 / Section 14-101
§14–101.
Status: in_force

The Secretary shall:

(1) bring any civil action necessary to enforce those provisions of this Division I that are subject to the authority of the Secretary or any regulation adopted under them; and

(2) defend any civil action brought against the Secretary or the Department.
Md. Code, Health Occupations § 14-308.1 — MD Code / Article gho / Title 14 / Subtitle 3 / Section 14-308.1
§14–308.
Status: in_force

§14–308.1.

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

(b) An applicant, a licensee, or a certificate holder shall apply to the Central Repository for a State and national criminal history records check.

(c) As part of the application required under subsection (b) of this section, an individual shall submit to the Central Repository:

(1) Two complete sets of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

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

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

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

(e) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual a revised printed statement of the individual’s State criminal history record.

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

(1) Is confidential;

(2) May not be redisseminated; and

(3) May be used only for the licensing purpose authorized by this title.

(g) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
Md. Code, Estates and Trusts § 14-624 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-624
§14–624.
Status: in_force

A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by a second trust after the exercise of the decanting power.
Md. Code, Commercial Law § 14-1007 — MD Code / Article gcl / Title 14 / Subtitle 10 / Section 14-1007
§14–1007.
Status: in_force

Any person aggrieved by a violation of any provision of this subtitle may take any action available under the consumer protection title of this article. Complaints may be filed with the Consumer Protection Division of the Office of the Attorney General.
Md. Code, Estates and Trusts § 14-615 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-615
§14–615.
Status: in_force

An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person the power to remove or replace the authorized fiduciary unless:

(1) If the modification applies only to the person, the person holding the power consents to the modification in a signed record;

(2) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or

(3) A court approves the modification and the modification grants a substantially similar power to another person.
Md. Code, Health Occupations § 14-320 — MD Code / Article gho / Title 14 / Subtitle 3 / Section 14-320
§14–320.
Status: in_force

(a) The Board may place a licensee on inactive status, if the licensee submits to the Board:

(1) An application for inactive status on the form required by the Board; and

(2) The inactive status fee set by the Board.

(b) A licensee on inactive status is exempt from the continuing education requirements under § 14–316(d) of this subtitle.
Md. Code, Real Property § 14-126 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-126
§14–126.
Status: in_force

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

(2) “Emergency services” includes fire, rescue, and ambulance services and a mobile crisis team as defined in § 10–1401 of the Health – General Article.

(3) “Governing body” has the meaning stated in § 1–101 of the Local Government Article.

(4) “Municipality” has the meaning stated in § 1–101 of the Local Government Article.

(5) “Rental license” means any certificate, license, or permit required to rent residential real property issued by a county or a municipality.

(6) (i) “Short–term rental unit” means a residential dwelling unit or a portion of the unit used to provide housing for less than 31 consecutive days.

(ii) “Short–term rental unit” does not include a hotel or motel, boarding house, group residential facility for students, fraternity or sorority house, or similar housing.

(b) This section does not apply to a local law or ordinance governing:

(1) The installation and use of residential security alarm systems;

(2) The physical condition, sanitation, maintenance, or repair of real property, including vacant buildings;

(3) Parking enforcement;

(4) Calls to law enforcement concerning social gatherings or excessive noise that do not involve an offense set forth in the Criminal Law Article and are:

(i) Made with the intent to harass another; or

(ii) Knowingly false, as a whole or in material part; or

(5) Short–term rental units.

(c) (1) The governing body of a county or a municipality may not enact or enforce a local law or ordinance that:

(i) Establishes a threshold of requests to summon law enforcement or emergency services to a residential property as grounds for designating a property as a nuisance; or

(ii) Penalizes or authorizes a penalty against an operator, an owner, an owner–occupant, or a tenant for:

1. The act of summoning law enforcement or emergency services to a residential property; or

2. The actions of another individual to summon the assistance of law enforcement or emergency services to a residential property.

(2) There is a presumption that a local law or ordinance relating to summoning law enforcement or emergency services to a residential property is prohibited under paragraph (1)(ii) of this subsection if the local law or ordinance authorizes or requires:

(i) The assessment of a monetary penalty or fine on an operator, an owner, an owner–occupant, or a tenant;

(ii) The use of an action for repossession of a dwelling unit from a tenant or termination or nonrenewal of a tenant’s lease; or

(iii) The revocation, suspension, or nonrenewal of a rental license.

(d) An operator, an owner, an owner–occupant, or a tenant may raise the issue that a local law or ordinance is prohibited under subsection (c) of this section:

(1) As a defense to an action to enforce the local law or ordinance; or

(2) As an affirmative claim for damages resulting from the enforcement of the law or ordinance.

(e) If in any proceeding the court finds in favor of the operator, owner, owner–occupant, or tenant, the court may enter a judgment against the county or municipality attempting to enforce the prohibited local law or ordinance and award the operator, owner, owner–occupant, or tenant:

(1) Reasonable damages;

(2) Reasonable attorney’s fees;

(3) Court costs;

(4) Reinstatement of a rental license; and

(5) Other relief as deemed appropriate by the court.
Md. Code, Commercial Law § 14-1503 — MD Code / Article gcl / Title 14 / Subtitle 15 / Section 14-1503
§14–1503.
Status: in_force

(a) (1) If a dealer, manufacturer, factory branch, or distributor is required under a judgment, decree, arbitration award, or settlement agreement to accept, or by voluntary agreement accepts, return of a motor vehicle from a consumer, the consumer shall be entitled to recover from the Motor Vehicle Administration the excise taxes originally paid by the consumer, subject to subsection (b) of this section.

(2) (i) If a dealer, manufacturer, factory branch, or distributor replaces a motor vehicle with a comparable motor vehicle under § 14-1502(c)(1)(i) of this subtitle, the Motor Vehicle Administration shall allow a credit against the excise tax imposed for the replacement vehicle in the amount of the excise taxes originally paid by the consumer for the returned vehicle, subject to subsection (b) of this section.

(ii) 1. If the excise tax on the replacement vehicle exceeds the credit allowed under subparagraph (i) of this paragraph, the dealer shall collect only that portion of excise tax due; or

2. If the excise tax on the vehicle being replaced exceeds the excise tax on the replacement vehicle, the consumer shall be entitled to recover from the Motor Vehicle Administration the excess of the excise tax paid.

(b) The excise taxes that a consumer is entitled to recover under this section shall be calculated based on the amount of the purchase price or any portion of the purchase price of the motor vehicle that the dealer, manufacturer, factory branch, or distributor refunds to the consumer.

(c) A dealer, manufacturer, factory branch, or distributor who is required under a judgment, decree, arbitration award, or settlement agreement to accept, or who accepts, by voluntary agreement, return of a motor vehicle shall notify the consumer in writing that the consumer is entitled to recover the excise taxes from the Motor Vehicle Administration.
Md. Code, State Finance and Procurement § 14-412 — MD Code / Article gsf / Title 14 / Subtitle 4 / Section 14-412
§14–412.
Status: in_force

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

(2) “Lamp” means the component of a luminaire that produces the light.

(3) “Lumen” means a unit of measurement of luminous flux.

(4) “Luminaire” means the complete lighting unit, including the lamp or other component that produces light and the assembly that holds the lamp, including an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens.

(5) “Restricted uplight luminaire” means a luminaire that:

(i) except for a 0.5% maximum incidental uplight from reflection off mounting hardware, allows no direct light emission above a horizontal plane through the luminaire’s lowest light–emitting part; and

(ii) emits no more than 10% of the total direct light emission at or above a vertical angle of 80 degrees.

(6) “State building” means a building owned or leased by the State or a unit of the State.

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

(1) located on the grounds of a correctional facility;

(2) required by federal regulation;

(3) required for storm operation activities performed by the Department of Transportation;

(4) required to illuminate the State flag or the flag of the United States;

(5) used for sign illumination;

(6) in a lighting plan where less than 25% of the luminaires are to be replaced; or

(7) used to illuminate the field of play at a sports facility.

(c) State funds may not be used to install or replace a permanent outdoor luminaire for lighting on the grounds of any State building, facility, park, or trail unless:

(1) the luminaire is designed to maximize energy conservation and to minimize light pollution, glare, and light trespass;

(2) except for a luminaire installed or replaced by the Department of Transportation, the luminaire has a correlated light temperature that is less than or equal to 3,000 kelvins;

(3) the illumination produced by the luminaire is the minimum illumination necessary for the intended purpose of the lighting; and

(4) for a luminaire with an output of more than 1,800 lumens, the luminaire is a restricted uplight luminaire.

(d) (1) The Board of Public Works or the Board’s designee may waive the requirements of subsection (c)(2) or (4) of this section if, after a request for a waiver has been made, the Board of Public Works or the Board’s designee determines that the waiver is necessary for the lighting application.

(2) The Board of Public Works shall establish the requirements for a waiver request under paragraph (1) of this subsection, including:

(i) a description of the lighting plan;

(ii) a description of the efforts made to comply with the requirements of this section; and

(iii) the reason a waiver is necessary.

(3) In reviewing a waiver request, the Board of Public Works or the Board’s designee shall consider design safety, costs, and any other factors the Board or the Board’s designee determines are appropriate.
Md. Code, Insurance § 14-414 — MD Code / Article gin / Title 14 / Subtitle 4 / Section 14-414
§14–414.
Status: in_force

A dental plan organization may not use more than 50% of its gross contract and certificate income in any fiscal year for general operating expenses, acquisition expenses, and miscellaneous taxes, licenses, and fees.
Md. Code, Commercial Law § 14-204 — MD Code / Article gcl / Title 14 / Subtitle 2 / Section 14-204
§14–204.
Status: in_force

This subtitle may be cited as the Maryland Consumer Debt Collection Act.
Md. Code, Health Occupations § 14-607 — MD Code / Article gho / Title 14 / Subtitle 6 / Section 14-607
§14–607.
Status: reserved

(a) Knowingly selling or dispensing replacement contact lenses without a valid and unexpired replacement contact lens prescription shall be considered a violation of this title.

(b) The Board shall investigate any alleged violation of this section or § 14-507 of this title and may enforce any provision of this title by injunction or other appropriate proceedings.

(c) An action under this section is in addition to and not instead of criminal prosecution under § 14-606 of this subtitle.
Md. Code, Business Occupations and Professions § 14-207 — MD Code / Article gbo / Title 14 / Subtitle 2 / Section 14-207
§14–207.
Status: in_force

(a) On request of any person and payment of a verification fee set by the Board, the Board shall certify the licensing status and qualifications of any individual who is the subject of the request.

(b) Each certification under this section:

(1) shall include a statement of the licensing status of the individual who is the subject of the request; and

(2) may include:

(i) information about the examination results and other qualifications of that individual;

(ii) information about the dates of issuance and renewal of the license of that individual;

(iii) information about any disciplinary action taken against that individual; and

(iv) if authorized by that individual, information about any complaint against that individual.
Md. Code, Commercial Law § 14-606 — MD Code / Article gcl / Title 14 / Subtitle 6 / Section 14-606
§14–606.
Status: in_force

(a) A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of silver or a silver alloy, which has stamped on it, on a tag attached to it, or on a package in which it is contained, the words “coin silver”, “coin”, or any colorable imitation of them, unless at least 0.900 of the component parts of the metal which appear or purport to be silver and of which the item is manufactured are pure silver.

(b) A divergence of 0.004 parts from the standard required by subsection (a) of this section is permitted.
Md. Code, Health Occupations § 14-205.2 — MD Code / Article gho / Title 14 / Subtitle 2 / Section 14-205.2
§14–205.
Status: in_force

§14–205.2.

The Board shall provide training on an as–needed basis to the personnel of the Office of Administrative Hearings in order to improve the quality and efficiency of the hearings in physician discipline cases.
Md. Code, Health Occupations § 14-5E-01 — MD Code / Article gho / Title 14 / Subtitle 5E / Section 14-5E-01
§14–5E–01.
Status: in_force

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

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

(c) “Committee” means the Perfusion Advisory Committee established under § 14–5E–05 of this subtitle.

(d) “License” means a license issued by the Board to practice perfusion.

(e) “Licensed perfusionist” means a perfusionist who is licensed by the Board under this subtitle to practice perfusion.

(f) (1) “Practice perfusion” means to perform the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, or respiratory systems, or other organs to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and the supervision of a licensed physician.

(2) “Practice perfusion” includes:

(i) Cardiopulmonary bypass for adult, pediatric, and neonatal patients;

(ii) Extracorporeal circulatory support for renal, neurological, hepatic, and vascular surgery;

(iii) Extracorporeal resuscitation;

(iv) Extracorporeal circulation for long–term support of failing respiratory or cardiac function;

(v) Extracorporeal membrane oxygenation;

(vi) Extracorporeal carbon dioxide removal;

(vii) Myocardial protection;

(viii) Perfusion–assisted direct coronary artery bypass;

(ix) Hemofiltration and hemodialysis;

(x) Anticoagulation and hemostasis monitoring, analysis, and intervention;

(xi) Thermal regulation;

(xii) Blood gas and blood chemistry monitoring, analysis, and intervention;

(xiii) Physiological monitoring, analysis, and intervention;

(xiv) Administration of blood components and pharmaceuticals;

(xv) Administration of anesthetic agents through a heart lung machine at the direction of an anesthesiologist;

(xvi) Ventricular assist device and mechanical circulatory support management;

(xvii) Intra–aortic balloon counterpulsation;

(xviii) Temporary pacemaker management;

(xix) Periodic flow augmentation therapy;

(xx) Autotransfusion;

(xxi) Platelet gel production, autologous hemocyte tissue matrix production;

(xxii) Nondifferentiated progenitor cell harvest bone marrow aspirate concentrate;

(xxiii) Acute normovolemic hemodilution;

(xxiv) Isolated limb or organ delivery of chemotherapeutics, progenitor cells, gene therapy vectors, and other items;

(xxv) Organ procurement and preservation;

(xxvi) Thermogenic lavage;

(xxvii) Electrophysiological analysis;

(xxviii) Therapeutic hyperthermia;

(xxix) Intravascular membrane oxygenation; and

(xxx) Renal perfusion.

(g) “Student” means an individual who, in accordance with § 14–5E–09(c) of this subtitle, is:

(1) Enrolled in an accredited educational program to qualify for a license under this subtitle; and

(2) Performing perfusion services within the accredited program under the supervision of a licensed perfusionist and without compensation.

(h) “Supervision” means the responsibility of a licensed physician to exercise on site or immediately available direction for a licensed perfusionist to ensure the safety and welfare of patients during the course of perfusion.
Md. Code, Insurance § 14-602 — MD Code / Article gin / Title 14 / Subtitle 6 / Section 14-602
§14–602.
Status: in_force

(a) Except as provided in subsection (b) of this section, this subtitle does not apply to an insurer, nonprofit health service plan, health maintenance organization, or dental plan organization that holds a certificate of authority in this State.

(b) An insurer, nonprofit health service plan, health maintenance organization, or dental plan organization shall:

(1) comply with §§ 14–606 through 14–611 of this subtitle;

(2) notify the Commissioner in writing that it sells, markets, or solicits a discount medical plan or discount drug plan in the State; and

(3) (i) file annually with the Commissioner a current list of the persons, other than licensed insurance producers, who are authorized to sell, market, or solicit in the State a discount medical plan or discount drug plan established by the insurer, nonprofit health service plan, health maintenance organization, or dental plan organization; and

(ii) provide the Commissioner with an additional list on request.

(c) An insurer, nonprofit health service plan, health maintenance organization, or dental plan organization may file the list required under subsection (b)(3) of this section electronically, in a format prescribed by the Commissioner.

(d) This subtitle does not apply to Medicare prescription drug plans or to a State prescription drug plan.
Md. Code, Health - General § 14-304 — MD Code / Article ghg / Title 14 / Subtitle 3 / Section 14-304
§14–304.
Status: in_force

(a) The Department of Human Services shall cooperate with and assist the Maryland Department of Health in carrying out the purposes of this subtitle.

(b) The Maryland Department of Health shall:

(1) Provide the guidance and means for establishing day care centers for adults in accordance with this subtitle;

(2) Recruit and encourage the establishment of day care centers for adults;

(3) Provide for licensing of day care centers for adults; and

(4) Adopt and enforce rules and regulations that set the standards necessary for the welfare and safety of medically handicapped adults who receive care in these day care centers for adults.

(c) (1) The Maryland Department of Health shall buy from any public or private agency the day care services for medically handicapped adults that are necessary and essential to enhance their well–being.

(2) These services shall include:

(i) Therapeutic arts and crafts;

(ii) Community excursions, if appropriate;

(iii) Hobby cultivation;

(iv) Health services;

(v) Counseling services for medically handicapped adults and their families;

(vi) Group dynamics; and

(vii) Other services that enhance social functioning and develop activities in daily living and personal independence.
Md. Code, Public Safety § 14-101 — MD Code / Article gps / Title 14 / Subtitle 1 / Section 14-101
§14–101.
Status: in_force

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

(b) “Department” means the Maryland Department of Emergency Management.

(c) “Emergency” means the imminent threat or occurrence of severe or widespread loss of life, injury, or other health impacts, property damage or destruction, social or economic disruption, or environmental degradation from natural, technological, or human–made causes.

(d) (1) “Emergency management” means the planning, implementing, and conducting of risk reduction and consequence management activities across the mission areas of prevention, protection, mitigation, response, and recovery to enhance preparedness, save lives, preserve public health and safety, protect public and private property, and minimize or repair injury and damage that results or may result from emergencies.

(2) “Emergency management” does not include the preparation for and carrying out of functions in an emergency for which the uniformed services are primarily responsible.

(e) “Emergency manager” means an individual whose primary duty of employment is to execute the mission of emergency management.

(f) “Local organization for emergency management” means an organization established by a political subdivision or other local authority under § 14–109 of this subtitle.

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

(h) “Secretary” means the Secretary of Emergency Management.

(i) “Senior elected official” means:

(1) the mayor;

(2) the county executive;

(3) for a county that does not have a county executive, the president of the board of county commissioners or county council or other chief executive officer of the county; or

(4) for a municipal corporation that does not have a mayor, the burgess, chairperson, or president of the municipal governing body or other chief executive officer of the municipal corporation.
Md. Code, Commercial Law § 14-1326 — MD Code / Article gcl / Title 14 / Subtitle 13 / Section 14-1326
§14–1326.
Status: in_force

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

(2) “Caller identification information” means information provided by a caller identification service regarding the telephone number of, or other information regarding the origin of, a call made using a communications service, including a telecommunications, broadband, or interconnected Voice over Internet Protocol service.

(3) “Caller ID spoofing” means the practice of using an application or other technology in connection with a communications service, including a telecommunications, broadband, or interconnected Voice over Internet Protocol service, to knowingly cause any caller identification service to transmit false or misleading caller identification information to an individual receiving a call.

(b) An individual or person may not perform caller ID spoofing when contacting another individual in the State with the intent to defraud, harass, cause harm to, or wrongfully obtain anything of value from another.

(c) This section does not apply to:

(1) The blocking of caller identification information;

(2) A federal, state, county, or municipal law enforcement agency;

(3) A federal intelligence or security agency; or

(4) A communications service provider, including a telecommunications, broadband, or Voice over Internet Protocol service provider, that is:

(i) Acting in the communications service provider’s capacity as an intermediary for the transmission of telephone service between the caller and the recipient;

(ii) Providing or configuring a service or service feature as requested by the customer;

(iii) Acting in a manner that is authorized or required by applicable law; or

(iv) Engaging in other conduct that is necessary to provide service.

(d) A violation of this section is:

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

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.
Md. Code, Criminal Procedure § 14-101 — MD Code / Article gcp / Title 14 / Subtitle 1 / Section 14-101
§14–101.
Status: in_force

In this title, “Commission” means the State Prosecutor Selection and Disabilities Commission.
Md. Code, Health Occupations § 14-5C-01 — MD Code / Article gho / Title 14 / Subtitle 5C / Section 14-5C-01
§14–5C–01.
Status: in_force

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

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

(c) “Committee” means the Polysomnography Advisory Committee established under § 14–5C–05 of this subtitle.

(d) “License” means a license issued by the Board.

(e) “Licensed polysomnographic technologist” means a polysomnographic technologist who is licensed by the Board under this subtitle to practice polysomnography under the supervision of a licensed physician.

(f) (1) “Practice polysomnography” means:

(i) Monitoring and recording physiologic data during sleep, including sleep–related respiratory disturbances under the supervision of a licensed physician; or

(ii) Using data collected under item (i) of this paragraph for the purposes of assisting a licensed physician in the diagnosis and treatment of sleep and wake disorders.

(2) “Practice polysomnography” includes:

(i) Providing polysomnography services that are safe, aseptic, preventive, and restorative;

(ii) Diagnosing and treating individuals who suffer from sleep disorders as a result of developmental defects, the aging process, physical injury, disease, or actual or anticipated somatic dysfunction;

(iii) Observing and monitoring physical signs and symptoms, general behavior, and general physical response to polysomnographic evaluation and determining whether initiation, modification, or discontinuation of a treatment regimen is warranted;

(iv) Using evaluation techniques that include limited cardiopulmonary function assessments, the need and effectiveness of therapeutic modalities and procedures, and the assessment and evaluation of the need for extended care; and

(v) Applying the use of techniques, equipment, and procedures involved in the evaluation of polysomnography, including:

1. Continuous positive airway pressure or bi–level positive airway pressure titration on spontaneously breathing patients;

2. Supplemental low flow oxygen therapy during polysomnogram;

3. Capnography during polysomnogram;

4. Cardiopulmonary resuscitation;

5. Pulse oximetry;

6. PH probe placement and monitoring;

7. Esophageal pressure;

8. Sleep staging including surface electroencephalography, surface electrooculography, and surface submental electromyography;

9. Surface electromyography of arms and legs;

10. Electrocardiography;

11. Respiratory effort including thoracic and abdominal;

12. Plethysmography blood flow;

13. Snore monitoring;

14. Audio or video monitoring;

15. Implementation of a written or verbal order from a licensed physician that requires the practice of polysomnography;

16. Monitoring the effects a nasal device, used to treat sleep apnea, has on sleep patterns provided that the device does not extend into the trachea; and

17. Monitoring the effects an oral device, used to treat sleep apnea, has on sleep patterns, provided that:

A. The device does not extend into the trachea;

B. A dentist has evaluated the structures of the patient’s oral and maxillofacial region for purposes of fitting;

C. A dentist made or directed the making of the oral device; and

D. A dentist directs the use of the oral device.

(g) “Registered polysomnographic technologist” means a polysomnographic technologist who is registered by the Board of Registered Polysomnographic Technicians.

(h) “Student” means an individual who, in accordance with section 14–5C–09(c) of this subtitle, is:

(1) Enrolled in an accredited educational program in order to qualify for a license under this title; and

(2) Performing polysomnography services within the accredited program under the supervision of a licensed physician and without compensation.

(i) “Supervision” means general or direct supervision of a licensed polysomnographic technologist by a licensed physician.
Md. Code, Health Occupations § 14-5A-06 — MD Code / Article gho / Title 14 / Subtitle 5A / Section 14-5A-06
§14–5A–06.
Status: in_force

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

(1) Three licensed respiratory care practitioners;

(2) Three licensed physicians:

(i) One of whom is a specialist in thoracic surgery;

(ii) One of whom is a specialist in pulmonary medicine; and

(iii) One of whom is a specialist in anesthesiology; and

(3) One consumer member.

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

(c) The consumer member of the Committee:

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

(2) May not be or ever have been:

(i) A respiratory care practitioner;

(ii) Any other health care professional; or

(iii) In training to be a respiratory care practitioner or other health professional; and

(3) May not:

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

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

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

(iv) Have had within 2 years before appointment a financial interest in the provision of goods or services to respiratory care practitioners or to the field of respiratory care.

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

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

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

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

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

(5) A member may not serve more than two consecutive full terms.

(f) (1) From among its members, the Committee shall elect a chair once every 2 years.

(2) The chair, or the chair’s designee, shall serve in an advisory capacity to the Board as a representative of the Committee.

(g) A quorum of the Committee consists of four members.
Md. Code, Commercial Law § 14-102 — MD Code / Article gcl / Title 14 / Subtitle 1 / Section 14-102
§14–102.
Status: in_force

(a) This subtitle does not apply to:

(1) Prepackaged food which contains separately identifiable items that are separated by physical division within the package;

(2) Any item sold only by prescription;

(3) Any item subject to the packaging or labeling requirements of the federal Bureau of Alcohol, Tobacco and Firearms or to any pricing requirements under federal law;

(4) Any item actually being sold through a vending machine;

(5) Any item delivered directly to a retail sales agency without passing through warehousing or other inventory facility used by the agency; or

(6) Except as provided in subsection (b) of this section, a retail sales agency which:

(i) During the preceding calendar year, sold a gross volume of consumer commodities of less than $750,000;

(ii) Is not part of a company which consists of ten or more sales agencies in or out of the State;

(iii) Derives less than 15 percent of its total revenues from consumer commodities subject to this subtitle; or

(iv) Is owned and operated by not more than one individual and the members of his immediate family.

(b) A sales agency which otherwise is exempt under subsection (a)(6) of this section nevertheless is subject to this subtitle if, during the preceding calendar year, the company of which the sales agency is a part has a gross volume of sales of consumer commodities in excess of $30,000,000.